HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 6/19/2018adccW18328
CITY OF KENT
Council MeetingAgenda
Mayor Dana Ralph
Council President Bill Boyce
Councilmembers
Marli Larimer Brenda Fincher
Satwinder Kaur Les Thomas
Toni Troutner Dennis Higgins
June 19, 2018
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KENT CITY COUNCIL AGENDAS
June 19, 2018
Council Chambers
Mayor Dana Ralph
Council President Bill Boyce
Councilmember Brenda Fincher Councilmember Dennis Higgins
Councilmember Satwinder Kaur Councilmember Marli Larimer
Councilmember Les Thomas Councilmember Toni Troutner
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WORKSHOP AGENDA
5 p.m.
Subject Speaker Time
Water System Update Dave Brock/Sean Bauer 45 min
File Local Finance/Information Technology 45 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
i. Employee of the Month of June
ii. Kent Chamber of Commerce Legislator/Government Employee of the Year
iii. Recognition of Neighborhood Councils
B. Community Events
C. Public Safety Report
5. REPORTS FROM COUNCIL AND STAFF
6. PUBLIC HEARING
A. 2019-2024 Six-Year Transportation Improvement Program – Resolution -
Adopt
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 June 5, 2018, Workshop and Council Meeting, and June 12, 2018
Special Meeting – Approve
B. Payment of Bills – Approve
C. Equipment Purchase for Riverbend Golf Course – Authorize
D. Department of Ecology Waste 2 Resource Grant – Authorize
E. Consultant Service Agreement – Visual Pavement Rating Services, LLC –
Authorize
F. Market Place at Lake Meridian Bill of Sale – Accept
G. 132nd Avenue S.E. Pedestrian Improvements – Accept as Complete
H. 2017 Asphalt Overlays – Accept as Complete
I. Ordinance Amending the Comprehensive Plan Land Use Plan Map
Designations – Adopt
J. Ordinance Amending KCC 7.01 – Utility Service Billing – Adopt
K. Ordinance Amending KCC 3.18 – Solid Waste Definitions – Adopt
L. Resolution Recognizing the North Scenic Neighborhood Council – Adopt
M. Resolution Recognizing the Malik Ridge Neighborhood Council – Adopt
9. OTHER BUSINESS
A. Puget Sound Gateway Program Local Funding and Phasing Memorandum of
Understanding – Authorize
B. Vision, Mission, Goals and Values Update and Strategic Framework –
Resolution - Adopt
10. BIDS
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
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 7-1-1.
COUNCIL WORKSHOP
A) Water System Update - Dave Brock/Sean Bauer
B) File Local - Finance/Information Technology
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AGENDA APPROVAL
Changes from Council, Administration, or Staff
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PUBLIC COMMUNICATIONS
A) Public Recognition
i. Employee of the Month of June
ii. Kent Chamber of Commerce Legislator/Government Employee of the
Year
iii. Recognition of Neighborhood Councils
B) Community Events
C) Public Safety Update
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REPORTS FROM COUNCIL AND STAFF
Mayor Ralph:
Derek Matheson/Administration:
Council President Boyce:
Councilmember Fincher:
Councilmember Higgins:
Councilmember Kaur:
Councilmember Larimer:
Councilmember Thomas:
Councilmember Troutner:
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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: 06/19/18
TO: Mayor Ralph
Councilmembers
FROM: Derek Matheson, Chief Administrative Officer
SUBJECT: CAO Report for Tuesday, June 16, 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 City Council interviewed seven applicants and then appointed Marli Larimer to
council position #1 on Tuesday, June 12. She will serve through the November 2019
election. The CAO and city attorney will give her an abridged version of our new city
councilmember orientation program.
• The Mayor’s office and HR is the process of phone screens for the twenty
candidates that moved forward from the testing for the vacant Council
Administrative II position. The next step will be to interview the top 6 at the
end of the month then invite the top two or three to meet with the mayor,
CAO and council president.
• On July 31, 2018, the Clerk’s Office will bid a fond farewell to Sue Hanson, the
Records Management Administrator for the City. Sue and her family plan on moving
to Florida to enjoy the retirement life. Sue’s joyful attitude and hard-working, get-it-
done attitude will be missed. Watch for an announcement for an opportunity to
celebrate Sue’s retirement.
• Alyne Hansen, the City’s current Public Disclosure Administrator, will transfer into the
Records Management Administrator position. A recruitment for the Public Disclosure
Administrator is currently underway.
• Katy McKee, Deputy City Clerk, recently attended a WAPRO training, participated in
the Innovate Advanced training, and attended a 4-day professional development
seminar for clerks.
• Alyne Hansen, Public Disclosure Administrator, recently attended a Secretary of
State records management training.
• Kim Komoto, City Clerk, recently attended a WAPRO training and is currently
attending a week-long professional development seminar for clerks.
• Communications: We helped ECD with the ribbon cutting for the Food Trucks in Town
Square Plaza on June 6, hosted the first Coffee & Conversation with the mayor on
June 11, and prepared a communications plan for reminding residents that fireworks
are illegal in Kent. We are also working on a Summer Family Fun panel card
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highlighting major summer family activities (e.g., Farmer’s Market, food trucks, Kent
Cornucopia Days, Cruisin’ Kent, summer concerts, pet adoption event, Fourth of July
Splash, etc.) to be passed out at City events and properties, Farmer’s Market, Kent
Station, etc. The activities listed are hosted by the City or done in collaboration with
Kent Station and the Kent Lions.
• Community Engagement: The 10th annual Kent International Festival was a success.
We had a steady flow of participants throughout the day. The Festival finale saw the
Congolese youth group perform traditional Congolese dance and music. Folklore
Mexicano Tonantzin marveled the audience with traditional folk dances from various
regions in Mexico. Steel Magic Northwest closed the night with sensational,
instrumental covers of Michael Jackson, Stevie Wonder and The Beatles. Don’t forget
to save the date for next year’s Kent International Festival, scheduled for Saturday,
June 1, 2019.
• Neighborhood Program: Toni Azzola, Neighborhood Program Coordinator, continues
to work with a new grassroots neighborhood call Meridian Orchard consisting of over
639 homes and encompassing a large area surrounding SE 240th Street and 116th
Avenue SE. Toni also introduced two new neighborhoods Malik Ridge and North
Scenic Hill at the last ECD Committee meeting on June 11. Malik Ridge consists of 11
homes off Kent Kangley and 133rd Place SE. North Scenic Hill consists of 799 homes
and is located between Central Avenue South, the Mill Creek Canyon and Hill Crest
Cemetery. Both Malik Ridge and North Scenic Hill will be formally recognized by
Mayor Ralph and Kent City Council on June 19.
ECONOMIC AND COMMUNITY DEVELOPMENT
Administration
• Matt Gilbert, Erin George and Ify Monu completed the final draft of the Code
Enforcement Citation Ordinance, and have been working with the Municipal Court to
prepare for the addition of CE related hearings to their docket. The ordinance was
presented to ECDC Committee at Monday’s meeting and was recommended to
Council as written.
Planning/Development
• Plans were approved for Madison Plaza, a seven story, 157 unit apartment complex
w/parking, located downtown at the corner of Meeker Street and Madison Avenue.
The abandoned structures that plagued the community have been removed and
construction is expected to start soon.
Code Enforcement
• Code Enforcement efforts resulted in the demolition of an abandoned home located
on 98th Ave S. that had been occupied and set on fire by transients in 2016.
Economic Development
• ED staff attended the Center for Advanced Manufacturing Puget Sound’s annual
conference and networked with area manufacturers. Mayor Ralph addressed
attendees with a message of support and Kent as a place for innovation.
• ED met with representatives from Sound Transit and Highline College to talk about
the timeline and processes that will govern the surplus of property and possibilities
around transit-oriented development.
• Mayor Ralph and ED staff met with the Engineering Manager and Chief Operating
Officer of the Robbins Company, a sixty-five year old business in the City of Kent and
a world leader in tunneling technology. The meeting concluded with a series of
follow-up items for the City to assist the company.
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• ED staff met with the President of Green River College and the director of the Green
River College Foundation to talk about future collaboration around repositioning
investments in workforce development in coordination with neighboring institutions
and with a focus on being demand-driven.
• ED staff and long-range planning met with the lead planner from City of Bothell’s
regional employment center’s subarea plans, to take notes, compare strategies as
City of Kent staff begin to scope a new planning effort on the industrial valley.
• ED staff continued their one-on-one outreach to every member of the lodging tax
advisory committee to talk about economic development efforts—recruitment of
events and businesses—as part of a strategy for boosting hotelier business in
addition to the traditional leisure traveler marketing target audience.
• ED staff met with the Chairman of the Space Frontier Foundation and lead
organization of the New Space Conference to talk about relocating the event from
the Bay Area to the Seattle metro, and specifically to South King County closer to
Kent hotels and businesses over the long term. Staff also discussed ways the City
could partner with the organization to grow the size of the event over the long-term.
Long Range Planning
• ECD staff met with planners in Bothell to learn about the city’s recent Canyon Creek
subarea planning project. Staff came away with many ideas to consider for the
upcoming industrial valley subarea planning process
• Long range planning staff coordinated with King County Metro and Kent’s public
works staff to craft a comment letter requesting further analysis on proposed site
layout alternatives for the new Sound Transit parking garage in Kent’s downtown.
• Long range planning staff worked with consultants to acquire estimates for the City’s
Shoreline Master Program (SMP) periodic update, and completed a grant application
for Department of Ecology funding, to be submitted this week!
• Long range planning staff presented the Meet Me on Meeker project at the CMAQ-
Non-Motorized grant review committee. With just five minutes to make the case for
a $2.1 million grant, the pressure was on. Early reports suggest that the project
scored well but the funding may have been too limited—further details are expected
in the coming weeks.
HUMAN RESOURCES
Administration
• Due to summer vacation schedules, there wasn’t a Cultural Community Conversation
held in June. The next one will be held on Wednesday, July 13 from 9-10 AM. in
Council Chambers. The speaker will be Joanne Lee of the state’s Leadership
Development group who will be talking about multiple generations in the workforce.
• Setting up an ongoing plan for enrolling new hires in anti-harassment training and
Lynda.com online courses.
• Continuing ongoing work on online course development.
Benefits
• Completed interviews Benefits Consulting and Actuarial Services Proposers
Interviews.
• Beginning work on Wellness RFP to replace our current vendor, Viverae beginning in
January 2019.
• Working on updated EEO tracking and reporting in JDE.
• Starting RFP process for 457 plan third party administrator.
• Continuing work on the development of a temporary employee onboarding project.
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• Continuing work on FMLA and ADA Case Management.
Labor, Class & Compensation
• Began work on new citywide job description format update.
• Continuing work on updating City policies, including re-numbering policies and
assigning functional responsibility for policy ownership and updates.
• Continuing work on reclassifications from various departments.
• Continuing ongoing investigations and timely grievance responses.
• Consulting with a new vendor, Adastra Gov on implementing new labor costing
software.
Recruitment
• Scheduling next steps to fill the Judge position, replacing Judge K. Jorgensen who
will be retiring later this year. Ten applications were received and a meeting has
been scheduled with Mayor Ralph and CAO Derek Matheson on Wednesday to discuss
next steps.
• Phone screens were conducted with candidates for the vacant Council Administrative
Assistant II position on Thursday, June 14.
• Work has begun on the development of a method to onboard seasonal and
temporary employees using the E-verify system.
• Work has begun with PD Administration to develop the Assistant Chief and
Commander promotional exams.
Risk Management
• Continue to work with the Parks Department and the Law Department to facilitate 5
YMCA agreements.
• Discussions/evaluation continue with IT in preparation for the Risk Mgmt. Info
System (RMIS) RFP process
• Appraisal services for replacement value of 11 City buildings have been
arranged. Appraisals will occur in early 2019 in preparation for 2019-2020 Property
Insurance renewal.
INFORMATION TECHNOLOGY
• Migrate Evidence Capture to Veripic Mobile - Push digital evidence capture to the
iPhones that removes the device from PRR requests. More efficiently allows officer to
capture digital evidence.
• PD Pay Issue - TThis project will define people, process and potential technology
issues related to the processing of KPD payroll. This project will expose process,
permission, policy and training issues in order to prevent further grievances for the
KPOA.
• Jail Intercom Upgrade - Replace Jail's Intercom head end with a new Harding Digital
Intercom head end system.
• Information Technology operational support for May 29, 2018 to June 12, 2018
o Number of tickets opened – 739; number of tickets closed - 373
LAW
• An extensive amount of effort has been put into finalizing documents for the YMCA
transaction, including the transfer of property, the various leases and operating
agreements, and a license to enter to start construction.
• The City Attorney assisted the Valley Civil Disturbance Unit with legal advice during a
protest over the weekend.
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• The Law Department met with IT representatives and a vendor to review an
electronic file system for the Civil Division. The Law Department has been reducing
subscriptions to paper-based legal materials in order to fund the new electronic file
system.
• Assisted Administration with a final variance relating to Republic Services recycling of
mixed paper.
• Continued franchise negotiations with Comcast on a new 10-year franchise
agreement.
• Continued to assist the Clerk’s office with public records requests; HR with a number
of complicated and sensitive employment issues; Parks, ECD, and PW with two
Sound Transit development projects, and property acquisitions in development of the
228th and 224th corridor projects and various levee projects, including Lower Russell
Road and Milwaukee II.
• Continue to negotiate small cell franchises and telecommunications facilities leases.
• Handled the legal review of 58 correction notices and 22 notices of violation
regarding code enforcement matters.
• Prosecutors obtained a guilty DUI trial verdict, with the sentencing enhancement of
being over .15.
PARKS, RECREATION, AND COMMUNITY SERVICES
Cultural Programs
• The 2018 Summer Art Exhibit opened on Wednesday, June 6 with a reception in the
Centennial Center Gallery from 6:30-8:00 p.m. Approximately 75 guests enjoyed
light refreshments (compliments of sponsor Osborn/Machler), as well as the
opportunity to meet the exhibiting artists. Fifty-seven pieces by 27 artists will be on
display through August 22.
• A purchase jury met on the afternoon of June 6 to select artwork to purchase from
the show for the City’s permanent collection, as well as artists to invite to have solo
or shared exhibitions in the Centennial Gallery 2019-2020 season. The purchase jury
consisted of one of the two professional artists who juried the show (Vikram Madan),
a Kent Arts Commissioner (Christy Caravaglio), a City Councilmember (Bill Boyce),
and a city staff person (Edgar Riebe, IT/Multimedia).
• The panel for the Morrill Meadows Parcourse Art selected artist Clark Wiegman to
design five sculptural parcourse stations for the new park. Staff is currently working
with Mr. Wiegman to refine scope of work and develop a contract.
Human Services
• All Home released the annual “Count Us In data” for Seattle and King County. 12,112
people experiencing homelessness were identified countywide, including 5,792
people sheltered, and 6,320 people unsheltered. The overall increase over 2017 was
4%, although the numbers of homeless veterans, unaccompanied minors, and
families with children all declined. The biggest improvement was the 31% reduction
in veteran homelessness, the result of increased investment and strong
collaborations across federal, state, county, and local governments, and local non-
profit agencies. The report identified several shifts among the unsheltered
population, including a 14% reduction in people staying in tents and a 45% increase
in people sleeping in vehicles. The largest increases in homelessness were among
single adults. Of the unsheltered population, 71% was in Seattle, while 15% was in
Southwest King County (including Kent). When compared to 2017, increases among
the unsheltered population were observed in all regions except Southwest King
County (which had a 12% decrease). The count provides an imperfect snapshot of
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homelessness on one night. Data shows that approximately 30,000 individuals enter
the homeless system in our region throughout the course of a full year.
Unfortunately, the rate at which people are becoming homeless is outpacing the
ability to house them within existing resources. Please visit the Count Us In website
at allhomekc.org/king-county-point-in-time-pit-count/ if you would like to view the
entire report.
• Staff is participating in a Continuum of Care policy workgroup to develop a
framework for service providers and funders that will be designed to comply with the
federal Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH)
Act. The policies under consideration will represent the standards of service delivery
for our communities and serve as a guide for the implementation and operation of
housing and services specifically targeted to address homelessness in the region. The
workgroup is committed to providing a community process that will include input
from funders and providers; guidance and leadership from people with lived
experience in homelessness; review of national standards and best practices; and a
compilation of existing grant/funder policies and procedures. The standards will be
applied to all programs that receive US Department of Housing and Urban
Development (HUD) funding through the Continuum of Care Program competition.
• Staff met with the Director of El Centro de la Raza recently. The nonprofit is
grounded in the Latino community. Estela Ortega reached out to staff to discuss the
organization's plans for expanding into Kent because a significant percentage of
Latinos have moved from Seattle into South King County. El Centro has recently
opened offices in both Renton and Federal Way. El Centro has been recognized
locally and internationally for developing Plaza Roberto Maestas (named for her late
husband who founded El Centro de la Raza). Plaza Roberta Maestas is a community
inspired transit oriented development project in the Beacon Hill area of Seattle that
includes affordable housing, child development classrooms, retail space, a Cultural
Center, public plaza and festival street, Business Opportunity Center, and art.
Operations
• The repair work originally scheduled to be completed by the end of May for the Clark
Lake pier has been delayed for fabrication of new support brackets for the decking.
The pier remains closed until work can begin mid-June
• Crews are working in preparation for the opening of the Lake Meridian Park
restroom as the restroom remodeling project is approaching completion.
• As the summer season begins there has been a significant increase in graffiti, crews
are responding on a daily basis to graffiti in comparison to a weekly basis just a
month earlier
Planning Development
• Parks recently completed a project to replace the failed floating walkway path and
dock at Lake Fenwick Park. The original floating walkways opened in 1990 and were
closed to the public in 2015 after reaching the end of their useful and safe lifespan.
The project replaced the main dock and fishing pier with concrete floats, which are
expected to have a 40 to 50-year lifespan.
Senior Activity Center
• The new Nature Walk program enjoyed their second sold-out trip. This program was
created in response to many seniors who want to enjoy the outdoors but can no
longer participate in traditional hiking programs.
• A “Full House” participated in this month’s 1st Tuesday Big Band Dance. The Kings
of Swing, an authentic 1940’s, 17 piece “Big Band” provided incredible music for
dancing and tapping your feet.
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• On May 31, staff spoke at the monthly Kent Educational Association (KEA) Luncheon.
This is one of many valuable marketing opportunities where guests learn about the
extensive programs, services, and activities available at the Senior Center.
• The Senior Center takes great pride in the programs available for active seniors.
Summer program registration is underway, and many of the Adventure Program
outings including rafting, horseback riding, and zip-lining are almost full. Extended
travel programs are also sold out.
Youth-Teen-Adaptive
• Junior All-Stars, an elementary based after-school program designed to promote an
active lifestyle and healthy living choices, celebrated a successful, healthy year at
five program locations. As an end of year treat, they made over 110 smoothies
using “June’s Foods of the Month,” strawberry and sweet pepper! All-Stars is part of
“Commit to Health” programming. The Spring Quarter program had 1,450 visits
with over 124 programming hours.
POLICE
Staff Changes - Hiring/Retirement/Recruitment/ Leaves/Promotions
• Officer Holt and Commander Padilla to retire on June 30, celebration to be held on
June 27 at 3 PM in Chambers.
Significant crime activities/arrests/investigations
• On June 2, officers responded to a domestic dispute at Foster Park. An extremely
agitated male indicated that his girlfriend intentionally aborted their baby (2nd
trimester) in a porta potty near the park. The 29-year-old female indicated that she
unintentionally miscarried the baby. She believed the miscarriage was caused by
chronic meth, stress from being homeless, and domestic abuse. The fetus was
recovered and delivered to the medical examiner’s office. After an autopsy, the baby
had already been dead inside the womb for about six weeks. Both mom and dad are
drug users, using meth regularly.
• The Patriot Prayer Group and the Antifa Group converged June 9 at Planned
Parenthood location at the 10100 block of SE 240th St. Around 300 Pro-Choice, 40
Antifa and about 35 Patriot Prayer all came to our city. These are the same groups
who had violent clashes with each other and the Portland Police June 2. Unlike what
happened in Portland, our VCDU took care of business and when it was all said and
done, everyone was able to safely exercise their constitutional rights and we did not
have any major incidents. A lot of other agencies came out to help, including Fire,
KCSO, State Patrol, the Kent School District, KPD Detectives, and KPD
VSWAT. Sergeant Butenschoen, who was the liaison for the Patriot Prayer Group
spoke with their leader (Joey) and his comment was that of all the cities they do
their protests in, this was the best police response he has ever seen. Huge atta-boy
to Commander Rob Scholl for planning and overseeing the entire operation and
Sergeant Butenschoen for running the team on the front line and all of our VCDU and
SOU members. They did a superb job!
Major emphasis patrol
• The Kent Police Department joined 18 other King County police departments in the
nationwide “Click It or Ticket” seatbelt emphasis. From May 14 – June 3, 140
overtime hours were worked resulting in 415 contacts, 408 infractions – 78 written
for no seatbelt use and another 77 citations written for cell phone/text messaging
use just in the South King County area. Funding for the overtime patrols are
provided by the Washington Traffic Safety Commission in support of the national
emphasis.
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School issues
• Plans set for Kent School District graduations at Showare on June 19.
Events and awards
• Corrections officers took Inmates to speak to the KM Police Science class. The
students and inmate workers both enjoyed the experience.
• On May 21-29, Command Staff participated in Civics Day at all Kent High Schools.
• On May 31, Officer Strong conducted a Safety Presentation at Valli Kee Apartments.
• On June 2, Commander Kasner attended Breaking Fast Ramadan at The Islamic
Center of Kent.
• On June 2, Commander Durham and Sergeant Rankin visited the Kent International
Festival at Showare Center. Officer Will Davis worked the KPD Recruiting booth which
was busy with interested citizens.
Other
• The DUI crash vehicle on display at Enumclaw High School prior to their prom. The
school principle sent a thank you note.
PUBLIC WORKS
Design
• East Valley Highway Overlay – Project Advertised Jun 7.
• S 224th St Corridor – Mediation hearing scheduled for early Aug for remaining parcel
needed for construction.
• 2019 Residential Asphalt Overlays – received locations May 29. Starting complete
street documents and developing budget.
• 2019 Contracted Asphalt Overlays (B&O) – received locations Jun 5. Starting
complete street documents and developing budget.
• Underpass Lighting at James Street – Coordinating with WSDOT for installation and
rights for lights on WSDOT infrastructure and within WSDOT Right-of-Way.
• Naden Clearing and Grubbing – Wrapping up specifications and plans.
Construction
• LID 363: S 224th St Improvements – 84th Ave S to 88th Ave S (Ph 1):
o The closure of 88th Ave S between 93rd Pl S and 22401 88th Ave S will be in
place until the end of July 2019.
o 84th to SR 167 – Pier 1 crossbeam curtain walls are currently being constructed.
Grout pads for Girder seats were poured June 15.
o SR 167 Median – No current activity at this time
o SR 167 to 88th – Pier 4 crossbeam concrete were poured June 13.
o SR 167 Closures – During the week of June 25, crews will implement closures on
SR 167 nightly for the installation of bridge girders spanning the
roadway. Monday and Tuesday nights Southbound SR 167 will be fully closed
from 1 - 4:30 AM. Lane closures will begin at 10 PM. Wednesday and Thursday
nights Northbound SR 167 will be fully closed from 11:30 PM until 3:15
AM. Land closures will begin at 7 PM. Detour routes will be in place. The first
Traffic advisory was sent out on May 30.
• Cambridge Reservoir Recoating and Fall Protection Improvements: Notice to Proceed
was issued for Friday, June 1.
• 2018 Asphalt Overlays: This project has been awarded to Icon Materials of Pacific,
WA. Notice to Proceed will be issued on June 18.
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• Kent Springs and Pump Station No. 4 Electrical Upgrades: Council has authorized
the award of this project to Colvico, Inc. of Spokane, WA. The contract is executed
and the Preconstruction Meeting was Wednesday, June 13.
• 2018 Paint Line Striping and RPM Replacement: Council has authorized the award of
this project to Stripe Rite, Inc. of Sumner, WA. The Preconstruction Meeting was
held on Monday, June 11. Notice to Proceed will be issued on Thursday, July 5.
• 2018 Crack Sealing: Council has authorized the award of this project to C.R.
Contracting, LLC of Bend, OR.
• 132nd Ave SE Pedestrian Improvements: Council has authorized the award of this
project to Axum General Construction, Inc. of Maple Valley, WA.
• 2018 Plastic Markings: Council has authorized the award of this project to Stanley
Patrick Striping Co. of Maple Enumclaw, WA.
• Lake Meridian Estates Storm Drainage Improvements, Phase 2: Council has
authorized the award of this project to Tucci & Sons, Inc. of Tacoma, WA.
• James Street Pavement Rehabilitation (Central Ave. N, to Clark Ave. N.): Council has
authorized the award of this project to Kiewit Infrastructure West Co. of Vancouver,
WA.
• Development/Utility 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, Stratford Ct,
Canterbury Ln, Highland Ave, and Yale Ct. A full grind and overlay of
impacted streets is forthcoming as weather permits.
o SE 223rd Drive Ave Natural Gas Main Replacement – PSE has completed their
replacement of the existing underground natural gas main on 223rd Drive
between 111th Ave SE and 123rd Pl SE. Asphalt grind and overlay work is
complete. Casting adjustments and site cleanup is currently taking place.
o SE 222nd St Natural Gas Main Replacement – PSE has completed their
replacement of the existing underground natural gas main on 222nd St
between 108th Ave SE and 116th Ave SE. A full grind and overlay of impacted
streets is forthcoming as weather permits.
o Sonic / Starbucks – Inspector punch list items are being completed.
Land Survey and GIS
• Land Survey field staff continue support of the 224th Phase II, Willis St. and the
Russell Road Levee projects. The City Land Surveyor has been providing legal
descriptions and exhibits for the Mill Creek Re-establishment and Lower Russell Road
levee projects. GIS staff have been working with IT on server upgrades, storm
system outfall updates, meeting exhibits for Operations, Census data reporting and
updating infrastructure as-builts.
Transportation
• Traffic Signal Cabinets – Signal Techs installed two TS2 controller cabinets at Central
Ave & Smith St and Central Ave & Willis St. These are a part of the life cycle
replacement program.
• Quiet Zone – Staff submitted grant applications to the Washington Utilities and
Transportation Commission to help fund the installation of fences along the railroad
right of ways in preparation for the quiet zone.
• Vehicle Management System (VMS) - The VMS issue that affected 132nd Ave SE &
SE 240th St left turn operation was restored.
• Meeker Street Underpass Lighting – The City received conditional acceptance from
WSDOT on Meeker St underpass lighting project.
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• Transportation Improvement Program – Staff is preparing for the public hearing on
the Transportation Improvement Program scheduled for June 19, 2018, at the City
Council meeting.
• Puget Sound Regional Council Grants – Staff will be attending the King County
Project Evaluation Committee on June 13 and will finalize funding recommendations
to the Transportation Policy Board.
Streets
• The Street Maintenance crews will be doing hot patch repairs and island cleaning on
272nd west of the I-5 pass and will also be grinding trip hazards on SE 256th on both
sides between 101st Ave Se & SR 515.
• The Concrete Crew will be focusing on prep, pour and finishing new sidewalks on 97th
bypass between SR 516 and 260th St.
• The Signs and Markings Crews will be doing sign inventory on 80th Ave S between S
224th St & 72nd Ave S, at 124th Ave SE and SE 248th St, and overhead signs.
• Growing season has begun and the vegetation crews will be focusing on several
service requests that are causing vision obstructions or other hazards. Crews are
working steadily to keep up with the vegetation growth and responding to various
service requests as needed.
Water
• Water Distribution staff are wrapping up the Clark Avenue water main replacement
project and beginning our third water main replacement project on 80th Pl S off of
East Valley Highway. We are working with our consultant, Aspect Consulting, on
drilling two monitoring wells next to the southern portal of the Landsburg Mine on
Water property. Water sampling for the Unregulated Contaminate Monitoring Rule
continues at sources and in the distribution system and second quarter wellhead
protection sampling is underway.
Utilities
• Storm Crews will be installing a catch basin on 5th Ave and repairing catch basins at
21925 105th and at Hampton and Somerset. NPDES crews will be doing ditch repairs
on 237th Pl and 128th Ave and on Chicago and Crest. Storm will dig pond at 272nd and
36th.
• Sewer Crews will be cleaning and TV existing sewer pipes for the 2019 overlay
projects on 228th Street from 68th Avenue South to 84th Avenue South and from
192nd Street to South 208th Street.
# # #
Agenda Item: PUBLIC HEARING – 6A_
TO: City Council
DATE: June 19, 2018
SUBJECT: 2019-2024 Six-Year Transportation Improvement Program – Resolution
- Adopt
SUMMARY: The draft 2019-2024 Six-Year Transportation Improvement Program (TIP)
was presented at the May 21, 2018, Public Works Committee meeting and moved to the
full council. On June 5, 2018, the City Council set June 19, 2018, as the public hearing
date for the TIP. At the close of the public hearing, Council may adopt a resolution that
approves the 2019-2024 TIP.
The TIP represents the City’s proposed transportation improvement work program for
the next six years. Per RCW 35.77.010, the six-year plan for each city shall specifically
set forth those projects and programs of regional significance for inclusion in the
transportation improvement program within that region. Including projects in the Six-
Year TIP allows the City to search for funding partners and apply for grants. Most State
and Federal agencies require projects be included in the City’s adopted Six-Year TIP to
be eligible for grants.
EXHIBITS: Resolution
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 attached narrative.
STRATEGIC PLAN GOAL(S):
☒ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging
technologies, and fostering new opportunities and industries that benefit our community.
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community
partnerships.
☒ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong sense of
belonging.
MOTION: Adopt Resolution No. , adopting the 2019-2024 Six-Year
Transportation Improvement Program.
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1 2019-2024 Six Year
Transportation Improvement Program
RESOLUTION NO. ___________
A RESOLUTION of the City Council of the
City of Kent, Washington, adopting the 2019
through 2024 Six-Year Transportation
Improvement Program.
RECITALS
A. After proper notice, the City Council of the City of Kent held a
public hearing at the regular meeting of the City Council at 7 p.m. on June
19, 2018, to consider public testimony on the City’s proposed 2019
through 2024 Six-Year Transportation Improvement Program.
B. Having considered public testimony on the plan, the Council
would like to adopt the 2019 through 2024 Six-Year Transportation
Improvement Program.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. – Adoption. The 2019 through 2024, Six-Year
Transportation Improvement Program, set forth in Exhibit “A,” which is
attached and filed with City Clerk, is hereby adopted.
2 2019-2024 Six Year
Transportation Improvement Program
SECTION 2. – Severability. If any one or more section, subsection,
or sentence of this resolution is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
resolution and the same shall remain in full force and effect.
SECTION 3. – Corrections by City Clerk. Upon approval of the city
attorney, the city clerk is authorized to make necessary corrections to this
resolution, including the correction of clerical errors; resolution, section, or
subsection numbering; or references to other local, state, or federal laws,
codes, rules, or regulations.
SECTION 4. – 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
2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PLAN
CITY OF KENT
WASHINGTON
SIX-YEAR
TRANSPORTATION IMPROVEMENT PROGRAM
2019 – 2024
Mayor Dana Ralph
June 19, 2018
Timothy J. LaPorte, PE,
Director of Public Works
EXHIBIT "A"
2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PLAN
Table of Contents:
Resolution ........................................................................................... i
Introduction ....................................................................................... iii
Project List ......................................................................................... v
2019 – 2024 Six-Year TIP Cost Estimates .............................................. vii
Map of Projects ................................................................................. viii
Project Descriptions ............................................................................. 1
Contact Information .......................................................................... 29
On the Cover: Kent Regional Trails Connector – Green River Trail to
Interurban Trail at S 218th Street – Heading west between West Valley
Highway and 64th Avenue South (left) and -72ND Avenue South Extension
from South 200th Street to South 196th Street (right)
2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PLAN
CITY OF KENT iii
Introduction
Overview
The Six-Year Transportation Improvement Program (TIP) is a short-range planning
document that is updated annually based on needs and policies identified in the
City’s adopted Comprehensive Plan and Transportation Master Plan (TMP). The TIP
represents Kent’s current list of needed projects that are anticipated to begin
preliminary engineering, right of way acquisition or construction within the next six
years. The TIP also includes ongoing citywide transportation programs. Projects and
programs included in the plan are those that are considered to be regionally
significant.
The document identifies secured or reasonably expected revenue sources for each
project or program. The TIP serves as a draft work plan for the development of the
local transportation network. Once adopted, the TIP will guide funding and
implementation priorities during the development of the transportation portion of
the Six-Year Capital Improvement Program (CIP). The CIP shows the City-funded
portion of projects and is constrained by current budget forecasts, whereas the TIP
shows a complete project list with the variety of funding sources and partners
involved.
Historically, the largest sources of funding for TIP capital projects have been grants.
Funding for transportation projects is available from federal, state and local
resources. Each funding source has specific rules and guidelines about what types
of projects it will fund, how much of a project will be funded and timelines for
expenditure of funds. Additionally, most grant programs require a funding match,
which means that the City must also contribute funding to the cost of a project.
The City of Kent funds transportation capital projects using the General Fund,
Street Fund, Local Improvement Districts, Transportation Impact Fees, Business
and Occupation Tax, Solid Waste Utility Tax, and grant revenue from local, state
and federal governments. One reason the TIP is updated annually is that many
revenue sources are closely tied to the health of the economy and can therefore be
unpredictable.
Document Structure
Each project or program listed in the TIP includes an estimated cost, the amount of
funding secured or unsecured and the funding source(s). If grant funding has been
secured from a specific source, it is identified. Projects listed that are necessary to
accommodate growth and allow the City to maintain its adopted Levels of Service
may be funded in part by transportation impact fees. The costs for projects
programmed in the first three years of the TIP have been developed with a higher
level of certainty whereas those in the latter three years have been developed with
less specificity, as those projects are generally less defined.
2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PLAN
CITY OF KENT iv
Requirements
State law requires that each city develop a local TIP and that it be updated annually
(RCW 35.77.010). It represents an important planning component under the State’s
Growth Management Act. The TIP must be consistent with the transportation
element of the City’s Comprehensive Plan. The TIP may be revised at any time
during the year by a majority of the Council, after a Public Hearing. In order to
compete for transportation funding grants from federal and state sources, granting
agencies require projects to be included in the TIP.
Changes to the TIP
The City updated its Comprehensive Plan in 2015. The first six years of the
Comprehensive Plan are financially constrained, meaning that secured funding is
demonstrated within an approved budget or similarly approved funding action.
Subsequently, the 2019-2024 TIP has been revised to reflect projects that will likely
be constructed using existing funding sources as well as the City’s historical record
of average grant disbursements. Capital Streets Projects that do not have any
identified funding sources have been removed from the plan. Projects and programs
were reclassified where appropriate.
Table 1
Projects Added
PROJECT NAME
Safe Routes to Schools Improvements at Neeley-O’Brien Elementary - Traffic Signal
at 64th Avenue South and South 236th Street
South 212th Street from East Valley Highway to 72nd Avenue South - Preservation
East Valley Highway from South 196th Street to South 212th Street - Preservation
Kent Transit Center - Access Mobility and Safety Improvements
Auburn to Renton Rapid Ride - Access Improvements
Central Avenue - Traffic Signal Communication
Table 2
Projects Removed
PROJECT NAME COMMENTS
72nd Avenue South Extension– South 200th Street to South 196th
Street Completed
Kent Regional Trails Connector – Green River Trail to Interurban Trail
at South 218th Street Completed
Southeast 208th Street and 108th Avenue Southeast Intersection
Improvements – Intersection Operations Enhancement Completed
132nd Avenue Pedestrian Improvements – Kent-Kangley Road to
Southeast 248th Street Completed
2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PLAN
CITY OF KENT v
Project List
Project Project Name
Number Project Location and Extent
1. South 224th Street Extension (Phase I)
84th Avenue South to 88th Avenue South
2. Naden Avenue and Willis Street Intersection Improvements
Intersection Operations Enhancement
3. Naden Local Access Road
Willis Street to Naden Site
4. Flashing Yellow Left Turn Arrows
Northern Industrial Valley
5. South 228th Street/Union Pacific Railroad Grade Separation
Grade-Separated Crossing at Union Pacific Railroad
6. Transportation Master Plan
7. Meet Me on Meeker
Intersection Improvements at 4th Avenue South
8. South 224th Street Extension (Phase II)
88th Avenue South to 94th Place South
9. Railroad Quiet Zone for Downtown Urban Center
Burlington Northern Santa Fe and Union Pacific Railroads
10. Willis Street Roundabout
Willis Street at 4th Avenue South
11. Safe Routes to Schools Improvements at Meridian Elementary
Southeast 256th Street and 140th Avenue Southeast
12. Willis Street and Central Avenue Intersection Improvements
Intersection Operations Enhancement
13. Southeast 248th Street Improvements
104th Avenue South to 116th Avenue South
14. Panther Lake Signal System Integration
15. Safe Routes to Schools Improvements at Neeley-O’Brien
Elementary
64th Avenue South and South 236th Street
2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PLAN
CITY OF KENT vi
16. Kent Transit Center
Access Mobility and Safety Improvements
17. Auburn to Renton Rapid Ride
Access Improvements
18. Central Avenue
Traffic Signal Communication
19. Veteran’s Drive Extension
Military Road to I-5 Southbound Off-ramp
20. Meeker Frontage Improvements
Driving range from Colony Park apartment driveway to western edge
of private development property (east of Russell Road)
21. South 212th Street
East Valley Highway to 72nd Avenue South
22. East Valley Highway
South 196th Street to South 212th Street
23. 76th Avenue South
22400 Block to 21700 Block
24. South 224th Street Extension (Phase III)
South 216th Street/South 218th Street from 94th Place South to 108th
Avenue Southeast (State Route 515/Benson Highway)
ONGOING CITYWIDE PROGRAMS
25. Street and Sidewalk Preservation and Repair Program
26. Traffic Signal Management Program
27. Channelization and Pavement Markings Maintenance Program
28. Guardrail Safety Improvement Program
2019‐2024 SIX‐YEAR TRANSPORTATION IMPROVEMENT PROGRAM
No. Project
Start
Year Past Future
1 South 224th Street Extension
(Phase I)2019 $ 22,840,000 8,620,000$ 14,220,000$ -$ 22,840,000$ -$ 3,440,000$ 1,350,000$ 18,050,000$
2
Naden Avenue and Willis
Street Intersection
Improvements
2019 $ 830,000 -$ 300,000$ 530,000$ 830,000$ -$ 75,000$ 175,000$ 580,000$
3 Naden Local Access Road 2019 $ 1,900,000 -$ -$ 1,900,000$ 1,900,000$ -$ 200,000$ 100,000$ 1,600,000$
4 Flashing Yellow Left Turn
Arrows 2019 $ 869,000 21,561$ 847,439$ -$ 869,000$ -$ 56,000$ -$ 813,000$
5
South 228th Street/Union
Pacific Railroad Grade
Separation
2019 $ 43,100,000 9,272,000$ 20,729,000$ 13,099,000$ 43,100,000$ -$ 5,280,000$ 5,060,000$ 32,760,000$
6 Transportation Master Plan 2019 $ 800,000 -$ 390,000$ 410,000$ 800,000$ 800,000$ -$ -$ -$
7 Meet Me on Meeker 2019 $ 250,000 -$ 250,000$ -$ 250,000$ -$ 50,000$ -$ 200,000$
8 South 224th Street Extension
(Phase II)2019 $ 13,670,000 1,133,056$ 6,866,943$ 5,670,001$ 13,670,000$ -$ 1,020,000$ 1,160,000$ 11,490,000$
9 Railroad Quiet Zone for
Downtown Urban Center 2019 $ 3,150,000 114,000$ 3,036,000$ -$ 3,150,000$ -$ 220,000$ 80,000$ 2,850,000$
10 Willis Street Roundabout 2019 $ 3,000,000 -$ 3,000,000$ -$ 3,000,000$ -$ 350,000$ -$ 2,650,000$
11
Safe Routes to Schools
Improvements at Meridian
Elementary
2020 $ 961,019 -$ -$ 961,019$ 961,019$ 110,887$ -$ 850,132$
12
E Willis Street and Central
Avenue South Intersection
Improvements
2020 $ 500,000 -$ 168,000$ 332,000$ 500,000$ -$ 44,000$ 166,000$ 290,000$
13 South 248th Street
Improvements 2020 $ 10,000,000 -$ -$ 10,000,000$ 10,000,000$ -$ 500,000$ 1,000,000$ 8,500,000$
14 Panther Lake Signal System
Integration 2020 $ 400,000 -$ -$ 400,000$ 400,000$ -$ 50,000$ -$ 350,000$
15
Safe Routes to Schools
Improvements at Neeley-
O’Brien Elementary
2020 $ 960,914 -$ -$ 960,914$ 960,914$ 92,241$ 100,000$ 768,673$
16 Kent Transit Center 2020 $ 3,000,000 -$ -$ 3,000,000$ 3,000,000$ 150,000$ 713,000$ -$ 2,137,000$
PHASES
Project Costs
Total
Secured Unsecured Phases Total Other
Preliminary
Engineering Right of Way Construction
PR
O
J
E
C
T
S
PROJECT COSTS
CITY OF KENT
2019‐2024 SIX‐YEAR TRANSPORTATION IMPROVEMENT PROGRAM
No. Project
Start
Year Past Future
PHASES
Project Costs
Total
Secured Unsecured Phases Total Other
Preliminary
Engineering Right of Way Construction
PROJECT COSTS
17 Auburn to Renton Rapid Ride 2020 $ 10,000,000 -$ -$ 10,000,000$ 10,000,000$ 2,500,000$ 1,875,000$ -$ 5,625,000$
18 Central Avenue 2020 $ 5,000,000 -$ -$ 5,000,000$ 5,000,000$ 250,000$ 1,188,000$ -$ 3,562,000$
19 Veterans Drive Extension 2021 $ 51,620,000 -$ 45,374,000$ 6,246,000$ 51,620,000$ -$ 2,765,000$ 10,270,000$ 38,585,000$
20 Meeker Frontage
Improvements 2021 $ 3,191,000 -$ -$ 3,191,000$ 3,191,000$ -$ 370,000$ 100,000$ 2,721,000$
21 South 212th Street 2021 $ 3,000,000 -$ -$ 3,000,000$ 3,000,000$ -$ 200,000$ 240,000$ 2,560,000$
22 East Valley Highway 2021 $ 3,000,000 -$ -$ 3,000,000$ 3,000,000$ -$ 225,000$ 175,000$ 2,600,000$
23 76th Avenue South 2022 $ 5,000,000 -$ -$ 5,000,000$ 5,000,000$ -$ 500,000$ -$ 4,500,000$
24 South 224th Street Extension
(Phase III)2023 $ 15,500,000 -$ 100,000$ 15,400,000$ 15,500,000$ -$ 1,500,000$ 1,000,000$ 13,000,000$
$ 202,541,933 $ 19,160,617 $ 95,281,382 $ 88,099,934 202,541,933$ 3,700,000$ 20,824,128$ 20,976,000$ 157,041,805$
25 Street and Sidewalk
Preservation and Repair $ 106,200,000 N/A $ 38,400,000 $ 67,800,000 106,200,000$ -$ 14,868,000$ 1,062,000$ 90,270,000$
26 Traffic Signal Management $ 4,200,000 N/A $ - $ 4,200,000 4,200,000$ -$ 600,000$ -$ 3,600,000$
27 Channelization and Pavement
Markings Maintenance $ 4,800,000 N/A $ 3,390,000 $ 1,410,000 4,800,000$ -$ 720,000$ -$ 4,080,000$
28 Guardrail Safety
Improvements $ 600,000 N/A $ - $ 600,000 600,000$ -$ 60,000$ -$ 540,000$
$ 231,600,000 N/A $ 115,800,000 $ 115,800,000 115,800,000$ -$ 16,248,000$ 1,062,000$ 98,490,000$
434,141,933$ 19,160,617$ 211,081,382$ 203,899,934$ 318,341,933$ 3,700,000$ 37,072,128$ 22,038,000$ 255,531,805$ Grand Total
PR
O
G
R
A
M
S
P
R
O
J
E
C
T
S
Total Projects
Total Programs
CITY OF KENT
RentonSeaTac
Auburn
3
16
19
1
20
823
13
24
22
21
9
9
18
12
5
10
11
2
15
7
17
Legend
Interstate
State Ro ute
Ro ads
Rivers and Lakes
0 0.5 1
Mile
®
Revised May 15, 2018
City of Kent2019 - 2024 Transportation Improvement Program
The City of Kent ("City") reasonably believes that making this information available for your inspection is not an infringement or other violation of any intellectual property rights. To the extent copyright in saidinformation is held by the City you are hereby permitted by the City to copy, distribute, and otherwise use the information with one exception. No oneis permitted to sell this information except in accordance with a written agreement with the City.
Projects 4, 6, 14, 25, 26, 27, and 28 are not depicted on this m ap.
TIP Projects
2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
CITY OF KENT 1
Project Descriptions
PROJECT #1: South 224th Street Extension (Phase I)
84th Avenue South to 88th Avenue South
YEAR: 2019
DESCRIPTION: Construct a three-lane road from 84th Avenue South to 88th
Avenue South, including a new bridge over SR 167. The project
will include full-width paving; concrete curbs, gutters and
sidewalks; five foot paved shoulders; street lighting; storm
drainage; landscaping; utilities and appurtenances. Construction
began in 2017 and will be completed in 2019.
PROJECT COST: Preliminary Engineering .... $3,440,000
Right of Way Acquisition ... $1,350,000
Construction ................ $18,050,000
TOTAL ........................ $22,840,000
Secured Funding ............ $22,840,000
FUNDING
SOURCE(S): City of Kent (Drainage Fund, Local Improvement District,
Special Assessments), Developer Mitigation, Transportation
Improvement Board
PROJECT
JUSTIFICATION: The existing roadway system cannot accommodate the current
or forecast east-west traffic volumes between Kent’s East Hill
and the Green River Valley floor. In order to meet transportation
concurrency requirements of the Growth Management Act,
additional east-west vehicle capacity is required. Intersections
along South 208th/212th Street and James/Southeast 240th
Streets are also at or over capacity. Because of existing
development and topographic constraints, it is not feasible to
widen the James/Southeast 240th Street and South 208th/212th
Street ‘corridors’ enough to accommodate forecast traffic
volumes without additional east-west capacity.
2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 2
PROJECT #2: Naden Avenue and Willis Street Intersection
Improvements
Intersection Operation Enhancement
YEAR: 2019
DESCRIPTION: Build right-in/right-out intersection on Willis Street (State Route
516) at Naden Avenue consistent with Washington State
Department of Transportation approval.
PROJECT COST: Preliminary Engineering $75,000
Right of Way Acquisition ...... $175,000
Construction ..................... $580,000
TOTAL ............................. $935,000
Secured Funding ................. $300,000
FUNDING
SOURCE(S): City of Kent (Local Improvement District, Transportation Capital
Fund)
PROJECT
JUSTIFICATION: This project will provide access to the City’s Naden site. The Naden
site is placed strategically at the entrance to Kent’s Downtown,
highly approachable and visible from State Route State Route 167
and State Route 516. The Kent Downtown Subarea Action Plan
describes this area as critical to projecting a good image of the City.
2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 3
PROJECT #3: Naden Local Access Road
Willis Street to Naden Site
YEAR: 2019
DESCRIPTION: Build local access road from Willis Street to the Naden site to
prepare the site for development.
PROJECT COST: Preliminary Engineering ....... $200,000
Right of Way Acquisition ...... $100,000
Construction .................. $1,600,000
TOTAL .......................... $1,900,000
Secured Funding ........................... $0
FUNDING
SOURCE(S): City of Kent (Developer Mitigation, General Fund, Local
Improvement District, Economic and Community Development
Placemaking Fund)
PROJECT
JUSTIFICATION: This project will build upon the Naden Avenue and Willis Street
intersection improvements, allowing for greater development
potential for the Naden site. This area is adjacent to State Route 167
and State Route 516 and serves as a gateway to visitors. The Kent
Downtown Subarea Action Plan describes this area as critical to
projecting a good image of the City. Landscaping will buffer
development from Puget Sound Energy overhead distribution power
lines. Additionally, this project will provide on-street parking, which
will improve access to the Interurban Trail.
2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 4
PROJECT #4: Flashing Yellow Left Turn Arrows
North Industrial Valley
YEAR: 2019
DESCRIPTION: Purchase and install five traffic signal cabinets, 34 controllers
and applicable communications capable of supporting flashing
yellow left turn arrow (FYLTA) displays for permissive left turns
at 14 intersections in the north Kent Valley.
PROJECT COST: Preliminary Engineering ......... $56,000
Right of Way Acquisition ................ $0
Construction ..................... $813,000
TOTAL ............................. $869,000
Secured Funding ................. $869,000
FUNDING
SOURCE(S): City of Kent (Business and Occupation Tax) Federal Highway
Safety Improvement Program
PROJECT
JUSTIFICATION: This project builds upon a previous Federal Highway Safety
Improvement Program funded project that included replacement
of the master signal controller unit and installation of the FYLTAs
in the downtown area. This type of signal display has been
demonstrated to be much more readily understood by motorists
and has resulted in reduced collision rates involving vehicles
turning left during permissive left turn signal phases. The
upgrade to the legacy central traffic signal control system and
more advanced intersection traffic signal controllers will allow
greater operation flexibility and improved transportation system
efficiency.
2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 5
PROJECT #5: South 228th Street/Union Pacific Railroad Grade Separation
Grade-Separated Crossing at Union Pacific Railroad
YEAR: 2019
DESCRIPTION: Construct grade separation of the Union Pacific Railroad
mainline tracks at South 228th Street. The project will include
the construction of a bridge; four-lane vehicle crossing; full-
width paving; concrete curbs, gutters and sidewalks; bicycle
facilities; street lighting; utilities and appurtenances.
Construction is underway, utilities are being relocated. This
project has also been added to the Washington State Freight
Plan. Construction began in 2016.
PROJECT COST: Preliminary Engineering .... $5,280,000
Right of Way Acquisition ... $5,060,000
Construction ................ $32,760,000
TOTAL ........................ $43,100,000
Secured Funding ............ $30,001,000
FUNDING
SOURCE(S): City of Kent (Business and Occupation Tax, Drainage Fund,
Local Improvement District, Street Fund, and Water Fund),
Freight Action Strategy for Everett-Seattle-Tacoma Corridor,
Freight Mobility Strategic Investment Board, Port of Seattle,
Union Pacific Railroad
PROJECT
JUSTIFICATION: The project will lead to a seamless connection between major
freight handlers and their primary destinations. It will support
freight moving through Kent to the Ports of Seattle and Tacoma,
SeaTac Airport and the freeway system. Grade separating this
arterial will increase roadway capacity, decrease congestion,
enhance safety and improve freight mobility in this corridor and
throughout the region. This project will provide regional
connections for thousands of businesses, employers, and the 40
million square feet of warehouse/industrial space in the valley.
Construction is underway.
2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 6
PROJECT #6: Transportation Master Plan
YEAR: 2019
DESCRIPTION: Major update to the Transportation Master Plan (TMP) including
near-term and long range planning of the City’s transportation
system needs. Project elements will include consultant contracts
for assistance with the TMP development. The transportation
network includes non-motorized infrastructure such as bicycle
facilities and sidewalks. The current TMP was completed in 2008
and needs to be updated.
PROJECT COST: Contractor ........................ $250,000
TOTAL ............................ $800,000
Secured Funding ................ $390,000
FUNDING
SOURCE(S): City of Kent (General Fund)
PROJECT
JUSTIFICATION: The Kent Transportation Master Plan (TMP), as incorporated into
the City’s Comprehensive Plan, is the City’s blueprint for long-
range transportation planning in Kent. When the City’s
Comprehensive Plan was approved by the Puget Sound Regional
Council in 2015, the City deferred an update to the
Transportation Master Plan to 2017. This update will include a
multi-year transportation financing plan. The plan will also
consider subarea and functional plans adopted since 2008 and
newly-funded major corridors serving Kent:
Midway Subarea Plan
Downtown Subarea Action Plan
Federal Way Link Extension
State Route 509 extension
State Route 167 improvements
Let’s Go Kent
Park & Open Space Plan 2016
2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 7
PROJECT #7: Meet Me on Meeker
Intersection Improvements at 4th Avenue South
YEAR: 2019
DESCRIPTION: Install curb bulb outs at the intersection of 4th Avenue South on
the west side. The curb bulb outs project has been preliminarily
assessed with respect to the complete streets requirements.
PROJECT COST: Preliminary Engineering ........ $50,000
Construction ..................... $200,000
TOTAL ............................ $250,000
Secured Funding ................ $250,000
FUNDING
SOURCE(S): Complete Streets Award from the Transportation Improvement
Board
PROJECT
JUSTIFICATION: The project is intended to make the intersection more inviting
for pedestrians, as part of the overall Meet Me on Meeker vision
for the corridor. The project supports visitors to local
businesses, as well as residents, seniors and commuters. The
project supports and originates from the Economic Development
Plan, adopted by City Council—particularly the strategies to
beautify Kent streetscapes and strengthen sense of place by
designating and improving key gateways into Kent.
2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 8
PROJECT #8: South 224th Street Extension (Phase II)
88th Avenue South to 94th Place South
YEAR: 2019
DESCRIPTION: Construct a three-lane road from 88th Avenue South to 94th
Place South, including a new bridge over Garrison Creek. The
project will include full-width paving; concrete curbs, gutters
and sidewalks; five foot paved shoulders; street lighting; storm
drainage; landscaping; utilities and appurtenances. Construction
will begin in 2018.
PROJECT COST: Preliminary Engineering .... $1,020,000
Right of Way Acquisition ... $1,160,000
Construction ................ $11,490,000
TOTAL ........................ $13,670,000
Secured Funding .............. $8,000,000
FUNDING
SOURCE(S): City of Kent (Drainage Fund, Local Improvement District,
Special Assessments, Transportation Impact Fee), Developer
Mitigation, Transportation Improvement Board
PROJECT
JUSTIFICATION: The existing roadway system cannot accommodate the current
or forecast east-west traffic volumes between Kent’s East Hill
and the Green River Valley floor. In order to meet transportation
concurrency requirements of the Growth Management Act,
additional east-west vehicle capacity is required. Intersections
along South 208th/212th Street and James/Southeast 240th
Streets are also at or over capacity. Because of existing
development and topographic constraints, it is not feasible to
widen the James/Southeast 240th Street and South 208th/212th
Street ‘corridors’ enough to accommodate forecast traffic
volumes without additional east-west capacity.
2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 9
PROJECT #9: Railroad Quiet Zone for Downtown Urban Center
Burlington Northern Santa Fe and Union Pacific Railroads
YEAR: 2019
DESCRIPTION: Establish a railroad quiet zone for the Burlington Northern Santa
Fe Railway (BNSF) tracks and the Union Pacific Railroad (UPRR)
tracks through the City. The grade crossings to be included in
the quiet zone on the BNSF railroad mainline are: South 259th
Street, Willis Street, Titus Street, Gowe Street, Meeker Street,
Smith Street, James Street, and South 212th Street. The grade
crossings included in the quiet zone for the UPRR mainline
tracks are: Willis Street (State Route 516), West Smith Street,
West Meeker Street, West James Street and South 212th Street.
PROJECT COST: Preliminary Engineering ....... $220,000
Right of Way Acquisition ........ $80,000
Construction .................. $2,850,000
TOTAL .......................... $3,150,000
Secured Funding .............. $3,150,000
FUNDING
SOURCE(S): City of Kent (Business and Occupation Tax), Washington Utilities
and Transportation Commission
PROJECT
JUSTIFICATION: Locomotive engineers begin sounding the train-mounted horn
approximately a quarter mile from the intersection of a
highway/railroad crossing. Train horns are an effective warning
of a train approaching grade crossings, but they expose the
local community to significant noise. Reducing that noise
through a quiet zone will improve the quality of life for those
living and working closest to the railroad facilities, and could
eliminate a barrier to attracting new businesses and residents.
2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 10
PROJECT #10: Willis Street Roundabout
Willis Street at 4th Avenue South
YEAR: 2019
DESCRIPTION: Construct a roundabout on Willis Street (State Route 516) at 4th
Avenue South. The project will include the construction of the
roundabout, concrete curbs, gutters, sidewalks, street lighting,
storm drainage, landscaping, utilities and appurtenances. The
roundabout will accommodate bicycle riders, consistent with the
Transportation Master Plan which calls for a shared travel lane
(sharrows) on 4th Avenue South. This project must be assessed
with respect to the complete streets requirements.
PROJECT COST: Preliminary Engineering ...... $350,000
Right of Way Acquisition ............... $0
Construction ................. $2,650,000
TOTAL ........................ $3,000,000
Secured Funding………….…. $3,000,000
FUNDING
SOURCE(S): City of Kent (Business and Occupation Tax, Transportation
Impact Fees), Congestion Mitigation Air Quality, Washington
State Department of Transportation Local Programs
PROJECT
JUSTIFICATION: This gateway project will provide an aesthetically pleasing
welcome to commuters into the heart of Kent and provide the
typical benefits of a roundabout including: improved safety,
improved traffic flow and decreased maintenance costs over the
long run.
2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 11
PROJECT #11: Safe Routes to Schools Improvements at Meridian Elementary
Southeast 256th Street and 140th Avenue Southeast
YEAR: 2020
DESCRIPTION: Install a traffic signal at Southeast 256th Street and 140th
Avenue Southeast and construct an asphalt pavement walkway
along Southeast 256th Street from approximately 134th Avenue
Southeast to 140th Avenue Southeast. The traffic signal will
include a traffic surveillance camera and interconnect cable to
connect this signal to the City’s traffic control system. This
project must be assessed with respect to the complete streets
requirements. The Transportation Master Plan calls for bicycle
lanes on Southeast 256th Street and shared travel lanes on 140th
Avenue Southeast.
PROJECT COST: Preliminary Engineering ....... $110,887
Construction ...................... $850,132
TOTAL ............................. $961,019
Secured Funding ........................... $0
FUNDING
SOURCE(S): City of Kent, Washington State Department of Transportation’s
Safe Routes to Schools Program
PROJECT
JUSTIFICATION: Meridian Elementary School is located near the intersection of
Southeast 256th Street and 140th Avenue Southeast. The school
provides adult crossing guards to help students cross Southeast
256th Street. Traffic in that neighborhood and in the
communities to the east of the school has become especially
heavy at the afternoon bell times. Intersection control
improvements would assist pedestrians and motorists to
maneuver in an orderly way during times of heavy conflict.
Currently students must walk or bike along a wide shoulder on
Southeast 256th Street.
2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 12
PROJECT #12: E Willis Street and Central Avenue South Intersection
Improvements
Intersection Operations Enhancement
YEAR: 2020
DESCRIPTION: Improve the intersection of E Willis Street and Central Avenue
South to provide a right turn lane from southbound on Central
Avenue South to westbound E Willis Street. Project includes
sidewalk, curb and gutter replacement and improvements to
traffic signal system. Although there are no bicycle facilities
planned at the E Willis Street and Central Avenue South
intersection, this project must be assessed with respect to the
complete streets requirements.
PROJECT COST: Preliminary Engineering ......... $44,000
Right of Way Acquisition ...... $166,000
Construction ..................... $290,000
TOTAL ............................. $500,000
Secured Funding ................. $168,000
FUNDING
SOURCE(S): City of Kent (Developer Mitigation, Transportation Impact Fee)
PROJECT
JUSTIFICATION: This project is a traffic mitigation requirement for additional
trips generated by the Kent Station Development. The City will
be implementing this project for which money was contributed
by the Kent Station developer. The transportation analysis
prepared for the ShoWare project assumed construction of this
project would be complete.
2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 13
PROJECT #13: Southeast 248th Street Improvements
104th Avenue South to 116th Avenue South
YEAR: 2020
DESCRIPTION: Improvements on Southeast 248th Street between 104th Avenue
South and 116th Avenue South. This project must be assessed
with respect to the complete streets requirements. The
Transportation Master Plan calls for bicycle lanes on this
segment of Southeast 248th Street. This segment will include a
five-foot landscape buffer between each sidewalk and bicycle
lane.
PROJECT COST: Preliminary Engineering ....... $500,000
Right of Way Acquisition ... $1,000,000
Construction .................. $8,500,000
TOTAL ........................ $10,000,000
Secured Funding ........................... $0
FUNDING
SOURCE(S): City of Kent (Business and Occupation Tax, General Fund, Local
Improvement District), Economic Incentive Grants
PROJECT
JUSTIFICATION: In support of future development, this area will be connected to the
bicycle and pedestrian networks. Nearby pedestrian generators
include Morrill Meadows Park, East Hill Park, Daniel Elementary
School, the YMCA and the project will include improved turning
operations into these attractors.
2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 14
PROJECT #14: Panther Lake Signal System Integration
YEAR: 2020
DESCRIPTION: This project includes extension of the fiber optic communications
network to traffic signals in the Panther Lake area to allow
remote monitoring, management and coordination. The project
also includes replacement of the existing controllers to ones
capable of working with the new central traffic signal control
system and displaying Flashing Yellow Left Turn Arrows (FYLTA).
PROJECT COST: Preliminary Engineering ......... $50,000
Right of Way Acquisition ................ $0
Construction ..................... $350,000
TOTAL ............................. $400,000
Secured Funding ........................... $0
FUNDING
SOURCE(S): Federal Highway Safety Improvement Program
PROJECT
JUSTIFICATION: The traffic signals in the Panther Lake area are not connected to
the City’s new central traffic signal control system; hence, they
cannot be remotely monitored or managed from the City’s
Traffic Management Center. The existing traffic signal
controllers are not capable of displaying FYLTA for permissive
left turn movements. It has been demonstrated that this type
of signal display is much more readily understood by motorists
and results in reduced collision rates involving vehicles turning
left during permissive left turn signal phases. The integration of
these signals into the City’s signal system will allow operation
flexibility and improved transportation system efficiency.
2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 15
PROJECT #15: Safe Routes to Schools Improvements at Neely-O’Brien
Elementary
64th Avenue South and South 236th Street
YEAR: 2020
DESCRIPTION: Install a traffic signal with pedestrian crosswalk at 64th Avenue
South and South 236th Street. The traffic signal will include a
traffic camera and interconnect cable to connect this signal to
the City’s traffic control system.
PROJECT COST: Preliminary Engineering ......... $92,241
Right of Way Acquisition ...... $100,000
Construction ...................... $768,673
TOTAL ............................. $960,914
Secured Funding ........................... $0
FUNDING
SOURCE(S): City of Kent, Washington State Department of Transportation’s
Safe Routes to Schools Program
PROJECT
JUSTIFICATION: Neely O’Brien Elementary School is located near the intersection
of 64th Avenue South and South 236th Street. Students walking
to and from school cross 64th Avenue South, a minor arterial.
This signal project will provide an alternative walking route for
those students that live to the east of 64th Avenue South.
2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 16
PROJECT #16: Kent Transit Center
Access, Mobility and Safety Improvements
YEAR: 2020
DESCRIPTION: This project will create an eastbound right-turn lane on East
James Street to Railroad Avenue North extending from 1st
Avenue North to Railroad Avenue North. This project will also
extend the eastbound bicycle facility on James Street that
currently terminates approaching the 1st Avenue North
intersection. In addition, improved pedestrian facilities are
planned along the south and north side of East James Street,
improving mobility and safety for these users.
PROJECT COST: Preliminary Engineering ....... $713,000
Equipment ......................... $150,000
Construction ................... $2,137,000
TOTAL .......................... $3,000,000
Secured Funding ........................... $0
FUNDING
SOURCE(S): King County METRO, Washington State Department of
Transportation Regional Mobility Grant
PROJECT
JUSTIFICATION: This project will improve mobility for transit vehicles, bicyclists,
and pedestrians accessing the Kent Transit Center (Kent
Station) via East James Street. Kent Station serves as a vital
transportation hub for the south King County. In addition to
Sound Transit (ST) Sounder service, a King County METRO or
ST bus accesses the transit center once per minute during the
peak periods. By 2040, a bus will access the transit center every
30 seconds during peak periods. In addition, voter approved ST
3 will increase Sounder service. East James Street in the vicinity
of Kent Station has high congestion and low mobility during
peak periods. Eastbound James Street approaching Central
Avenue has large queues and poor level of service. East James
Street has two eastbound travel lanes through the BNSF rail
crossing. A short eastbound left and right turn lane approaching
Central Avenue starts at Railroad Avenue North. Existing
geometrics on East James Street west of Railroad Avenue North
are constrained by the close proximity of the Washington Cold
Storage Inc. building. Improved bicycle and pedestrian facilities
in this area are needed.
2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 17
PROJECT #17: Auburn to Renton Rapid Ride
Access Improvements
YEAR: 2020
DESCRIPTION: This project is to upgrade passenger facilities and increase
access to transit within Kent along the new King County Metro
Auburn to Renton Rapid Ride corridor expected to open in
2021/2022. This project will improve access to transit and
passenger amenities throughout the new Rapid Ride corridor.
Improved pedestrian and bicycle facilities, shelter
improvements, real time arrival information, lighting, off-board
payment kiosks, and other transit facility improvements will
increase safety for transit users, induce transit ridership, and
improve transit speeds throughout the City and other
jurisdictions along the route. The new Rapid Ride corridor will
run north-south along Central Avenue from Auburn to the Kent
Transit Center, connect to the East Hill area, and then north-
south along the State Route 515 corridor to Renton, with over
seven miles of the corridor within the City.
PROJECT COST: Preliminary Engineering .... $1,875,000
Equipment ...................... $2,500,000
Construction ................... $5,625,000
TOTAL ........................ $10,000,000
Secured Funding ........................... $0
FUNDING
SOURCE(S): King County METRO, Washington State Department of
Transportation Regional Mobility Grant
PROJECT
JUSTIFICATION: Current frequent service along this corridor includes route 180
(Southeast Auburn to Kent Station to Sea-Tac Airport to Burien
Transit Center) and route 169 (Kent Station to Renton Transit
Center). The corridor currently has 31 northbound and 29
southbound transit stops serving these two routes. This corridor
currently has deficiencies in bus stop facilities as well as areas
with poor pedestrian and bicycle access to transit. All bus zones
identified for Rapid Ride service will require upgraded facilities
(e.g., new RapidRide shelters and amenities) to align with King
County Metro’s Rapid Ride branding and standards. The City will
work with King County Metro to identify bus zone locations for
improvements.
2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 18
PROJECT #18: Central Avenue
Traffic Signal Communication
YEAR: 2020
DESCRIPTION: The project will implement the required detection and
communication networks along the Burlington Northern Santa
Fe Railway (BNSF) rail corridor to allow area signals the ability
to adjust signal timing in anticipation of, during, and after train
events. In addition, signals along the Central Avenue corridor,
from South 259th Street through South 212th Street, will be
upgraded to use this interconnection. Signal upgrades may
utilize newer technology such as adaptive signal control
systems, transit signal priority, and other intelligent
transportation systems applications in signal control. Additional
signals adjacent to at-grade rail crossings may also be upgraded
to take advantage of the new communication connections.
PROJECT COST: Preliminary Engineering .... $1,188,000
Equipment ......................... $250,000
Construction ................... $3,562,000
TOTAL .......................... $5,000,000
Secured Funding ........................... $0
FUNDING
SOURCE(S): King County METRO, Washington State Department of
Transportation’s Regional Mobility Grant
PROJECT
JUSTIFICATION: This project will improve mobility for transit vehicles and
motorists in the vicinity of the Kent Transit Center along the
Central Avenue corridor, from South 259th Street through South
212th Street. A King County METRO or Sound Transit bus
accesses the transit center once per minute during the peak
periods. By 2040, a bus will access this regional transit center
every 30 seconds during peak periods. Downtown Kent, along
the Central Avenue corridor, experiences poor level of service
due to heavy congestion affecting movements from multiple
directions. There are more than 70 daily trains on the BNSF
corridor adjacent to Central Avenue. With no downtown grade-
separated rail crossings, the volume of daily rail crossing events
contributes to the congested conditions. Today, the traffic signal
system cannot communicate signal timing modifications to
manage changes in traffic patterns during or after a train event.
2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 19
PROJECT #19: Veteran’s Drive Extension
Military Road to I-5 Southbound Off-ramp
YEAR: 2021
DESCRIPTION: Complete a missing link by constructing a new roadway from
Military Road 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, pedestrian
pathway, street lighting, storm drainage, landscaping, utilities
and appurtenances.
PROJECT COST: Preliminary Engineering……… $2,800,000
Right of Way Acquisition…….. $10,200,000
Construction……………………….. $33,800,000
TOTAL…………………………. $51,600,000
Secured Funding…………………. $47,104,000
FUNDING
SOURCE(S): Connecting Washington Account (State), City of Kent,
Transportation Improvement Board Grant, Federal Surface
Transportation Program Grant
PROJECT
JUSTIFICATION: This project will improve the connection between the Sea-Tac
International Airport, the Port of Seattle and the Kent
Manufacturing/Industrial Center (MIC). This project reduces
traffic congestion on local roads and highways by completing a
direct connection between Seattle and the Kent Valley. The
project will redistribute traffic away from State Route 516,
improving operations of the interchange.
2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 20
PROJECT #20: Meeker Frontage Improvement
Driving range from Colony Park apartment driveway to western
edge of private development property (east of Russell Road)
YEAR: 2021
DESCRIPTION: Complete a missing link by constructing new sidewalk and
multimodal pathway along city-owned driving range frontage on
the south side of Meeker Street and along private property
(within the public Right-of-way) east of Russell Road. The
project will include construction of concrete curbs, gutters,
multimodal path, sidewalks, street lighting, storm drainage,
landscaping, utilities and appurtenances.
PROJECT COST: Preliminary Engineering ....... $370,000
Right of Way Acquisition ...... $100,000
Construction .................. $2,721,000
TOTAL .......................... $3,191,000
Secured Funding ........................... $0
FUNDING
SOURCE(S): City of Kent (Economic and Community Development
Placemaking Fund, Business and Occupation Tax) Puget Sound
Regional Council Grants (Congestion Mitigation and Air Quality
/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 Avenue South and Meeker Street 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 approximately 700 feet of
promenade connection between Russell Road and the western
edge of the 64th Avenue South and Meeker Street project. The
project will connect the two privately developed segments for a
total promenade length of approximately 3,500 feet. This will
improve aesthetics along this important commercial corridor.
2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 21
PROJECT #21: South 212 Street
East Valley Highway to 72nd Avenue South
YEAR: 2021
DESCRIPTION: The South 212th Street project includes grinding, replacement of
failing pavement sections and a full-width asphalt concrete
pavement overlay of the entire roadway from South 180th St to
South 196th Street Curb ramps will be upgraded as required to
meet Americans with Disabilities Act (ADA) standards.
PROJECT COST: Preliminary Engineering ....... $200,000
Right of Way Acquisition ...... $240,000
Construction .................. $2,560,000
TOTAL .......................... $3,000,000
FUNDING
SOURCE(S): Federal Surface Transportation Program, City of Kent Business
and Occupation Tax
PROJECT
JUSTIFICATION: This project is located within the Kent Manufacturing/Industrial
Center (MIC). The Kent MIC, located between the ports of
Seattle and Tacoma supports significant regional growth and
development, with one of the highest concentrations of jobs in
the region. The asphalt pavement on South 212th Street has
reached a critical level of degradation, rated at 50 on the
Pavement Condition Index--data collected in April of 2016. The
road surface is heavily impacted by the high percentage of
heavy vehicle traffic in the valley. An overlay is necessary to
prevent further costly damage that may require more extensive
reconstruction of the roadway to this critical multimodal freight,
bus, pedestrian and commuter corridor.
2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 22
PROJECT #22: East Valley Highway
South 196th Street to South 212th Street
YEAR: 2021
DESCRIPTION: The East Valley Highway project includes grinding, replacement
of failing pavement sections and a full-width asphalt concrete
pavement overlay of the entire roadway from South 180th Street
to South 196th Street. Curb ramps and pedestrian signals will be
upgraded as required to meet Americans with Disabilities Act
(ADA) standards.
PROJECT COST: Preliminary Engineering ....... $225,000
Right of Way Acquisition ...... $175,000
Construction .................. $2,600,000
TOTAL .......................... $3,000,000
FUNDING
SOURCE(S): STP, City of Kent Business and Occupation Tax
PROJECT
JUSTIFICATION: This project is located within the Kent Manufacturing/Industrial
Center (MIC). The asphalt pavement on East Valley Highway
has reached a critical level of degradation, rated at 42 on the
Pavement Condition Index--data collected in April of 2016. The
road surface is heavily impacted by the high percentage of
heavy vehicle traffic in the valley. Overlay is necessary to
prevent further costly damage that may require more extensive
reconstruction of the roadway to this critical multimodal freight,
bus, pedestrian and commuter corridor.
2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 23
PROJECT #23: 76th Avenue South
22400 block to 21700 block
YEAR: 2022
DESCRIPTION: Construct drainage and road improvements on 76th Avenue
South from the 22400 block to the 21700 block. The project will
include raising the existing road; a full width overlay, concrete
curbs, gutters, sidewalks, street lighting, storm drainage, and
channelization. This project must be assessed with respect to
the complete streets requirements. The Transportation Master
Plan calls for “possible re-striping” on this segment of 76th
Avenue South.
PROJECT COST: Preliminary Engineering ...... $500,000
Right of Way Acquisition ............... $0
Construction ................. $4,500,000
TOTAL ......................... $5,000,000
Secured Funding .......................... $0
FUNDING
SOURCE(S): City of Kent (Business and Occupation Tax, Storm Drainage
Utility Fund), Congestion Mitigation and Air Quality
Improvement Program, Developer Mitigation, Surface
Transportation Program, Transportation Improvement Board
PROJECT
JUSTIFICATION: 76th Avenue South floods several times per year, resulting in
road closures. The roadway is located in the heart of the City’s
Industrial zoning area and has heavy truck traffic. Large
industrial and manufacturing companies and a large solid waste
company that serves several adjacent jurisdictions are located
in the immediate vicinity of the project. Road closures
negatively impact these businesses and create congestion in
other parts of the City as a result of traffic detours around the
closure. Improving the road to current standards will also
improve traffic flow on 76th Avenue South.
2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 24
PROJECT #24: South 224th Street Extension (Phase III)
South 216th Street/South 218th Street from 94th Place South to
108th Avenue Southeast (State Route 515/Benson Highway)
YEAR: 2023
DESCRIPTION: Construct a three-lane road on South 216th Street/South 218th
Street from 94th Place South to 108th Avenue Southeast (State
Route 515/Benson Highway). The project will include full-width
paving; concrete curbs, gutters and sidewalks; five-foot paved
shoulders; street lighting; storm drainage; landscaping; utilities
and appurtenances. This project must be assessed with respect
to the complete streets requirements.
PROJECT COST: Preliminary Engineering .... $1,500,000
Right of Way Acquisition ... $1,000,000
Construction ................ $13,000,000
TOTAL ........................ $15,500,000
Secured Funding ................. $100,000
FUNDING
SOURCE(S): City of Kent (Business and Occupation Tax, Drainage Fund,
Local Improvement District, Special Assessments,
Transportation Impact Fee), Developer Mitigation,
Transportation Improvement Board
PROJECT
JUSTIFICATION: The existing roadway system cannot accommodate the current
or forecast east-west traffic volumes between Kent’s East Hill
and the Green River Valley floor. In order to meet transportation
concurrency requirements of the Growth Management Act,
additional east-west vehicle capacity is required. Intersections
along South 208th/212th Street and James/Southeast 240th
Streets are also at or over capacity. Because of existing
development and topographic constraints, it is not feasible to
widen the James/Southeast 240th Street and South 208th/212th
Street ‘corridors’ enough to accommodate forecast traffic
volumes without additional east-west capacity.
2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 25
PROJECT #25: Street and Sidewalk Preservation and Repair Program
Ongoing Citywide Program
YEAR: 2019 - 2024
DESCRIPTION: Preserve the existing transportation system by resurfacing the
existing asphalt and concrete streets throughout the City.
Reconstruct sidewalks as related to curb ramps upgrades
consistent with the Americans with Disabilities Act (ADA). The
project limits must be assessed in accordance with the complete
streets requirements
PROJECT COST: Preliminary Engineering .. $14,868,000
Right of Way Acquisition ... $1,062,000
Construction ................ $90,270,000
TOTAL ...................... $106,200,000
Secured Funding ............ $38,400,000
FUNDING
SOURCE(S): City of Kent (Business and Occupation Tax, Solid Waste Utility
Tax), Surface Transportation Program
PROJECT
JUSTIFICATION: The City assessed the condition of its street network in 2016.
Many of the streets exhibit deficiencies that reflect they are
beyond their expected performance life and are in need of a
maintenance or rehabilitation overlay, or some amount of
reconstruction. This preservation work also requires curb ramps
and sidewalks be made accessible to persons with disabilities,
according to the ADA. This program constructs and repairs the
City’s sidewalks and begins to address the pedestrian
improvements identified in the Transportation Master Plan.
2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 26
PROJECT #26: Traffic Signal Management Program
Ongoing Citywide Program
YEAR: 2019 - 2024
DESCRIPTION: Analyze intersections for potential replacement of traffic signals
or other traffic control systems to ensure safe and efficient use
of the existing and planned transportation network. Analysis of
turn movements and crash history will be used to prioritize new
traffic signal installations. This program budgets for projects
needed to meet the increasing demand for signalized
intersection control and the constant need for traffic counts to
monitor vehicle volumes and behavior. New traffic signals will
include bicycle detection.
PROJECT COST: Preliminary Engineering ....... $600,000
Right of Way Acquisition ................ $0
Construction .................. $3,600,000
TOTAL .......................... $4,200,000
Secured Funding ........................... $0
FUNDING
SOURCE(S): City of Kent (Business and Occupation Tax)
PROJECT
JUSTIFICATION: This program also helps the City maintain level of service
standards necessary to maintain concurrency as required by the
Growth Management Act.
2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 27
PROJECT #27: Channelization and Pavement Markings Maintenance
Program
Ongoing Citywide Program
YEAR: 2019 - 2024
DESCRIPTION: Refresh and replace pavement markings including paint,
thermoplastic, and raised pavement markers throughout the
City to separate and regulate conflicting movements, define
paths of travel, and facilitate safe and orderly movement on City
streets.
PROJECT COST: Preliminary Engineering ....... $720,000
Right of Way Acquisition ................ $0
Construction .................. $4,080,000
TOTAL .......................... $4,800,000
Secured Funding .............. $3,390,000
FUNDING
SOURCE(S): City of Kent (Business and Occupation Tax)
PROJECT
JUSTIFICATION: This ongoing program maintains roadway channelization
throughout the City. The City has approximately 1,700,000
linear feet (LF) of channelization striping, 450,000 raised
pavement markers, 22,012 LF of access control curb and 7,200
LF of painted access control curb. Roadway channelization helps
to reduce conflict points and direct motorists through areas of
complexity. This project preserves the capacity and efficiency of
the existing roadway system.
2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 28
PROJECT #28: Guardrail Safety Improvements Program
Ongoing Citywide Program
YEAR: 2018 - 2023
DESCRIPTION: Make miscellaneous guardrail improvements each year to
enhance motorist safety. Candidate projects include Frager
Road, Southeast 240th/148th Avenue Southeast hillside, Lake
Fenwick Road north or South 272nd Street, South 208th/212th
and 100th Avenue Southeast. Upgrade existing guardrail end-
treatments as mandated by State and Federal regulations.
PROJECT COST: Preliminary Engineering ......... $60,000
Right of Way Acquisition ................ $0
Construction ..................... $540,000
TOTAL ............................. $600,000
Secured Funding ........................... $0
FUNDING
SOURCE(S): City of Kent (Business and Occupation Tax), Highway Safety
Improvement Program and Hazard Elimination Program
PROJECT
JUSTIFICATION: This project is mandated for compliance with Federal and State
regulations and the requirement to mitigate potentially
hazardous roadway conditions.
29
CITY OF KENT, WASHINGTON
SIX-YEAR TRANSPORTATION
IMPROVEMENT
PROGRAM
2019 – 2024
For more information or additional copies of this document contact:
April Delchamps, MPA
Senior Transportation Planner
City of Kent, Public Works, Engineering
400 West Gowe Street
Kent, WA 98032-5895
253-856-5564
adelchamps@kentwa.gov
PUBLIC COMMENT
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Agenda Item: Consent Calendar 8A_
CONSENT CALENDAR
8.City Council Action:
Councilmember ________ moves,
Councilmember ________ seconds
to approve Consent Calendar Items A through M.
Discussion
Action
8A. Approval of Minutes.
Minutes of June 5, 2018, Workshop and Council Meeting, and June 12, 2018,
Special Meeting – Approve
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Kent City Council Workshop June 5, 2018
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Date: June 5, 2018
Time: 5 p.m.
Place: Council Chambers East/West
Attending: Mayor Dana Ralph
Bill Boyce, Council President
Brenda Fincher, Councilmember
Satwinder Kaur, Councilmember
Dennis Higgins, Councilmember
Les Thomas, Councilmember – Present for 1st half of workshop
Toni Troutner, Councilmember
Council President Boyce opened the meeting at 5:02 p.m.
Agenda:
Utilities Update – Sewer and Storm
Dave Brock, Deputy Director of Public Works Operations, Tony Mann, Acting Drainage
Supervisor, Rob Lovell, Sewer and TV/PS Supervisor, Chris Couvillion, Storm
Drainage Supervisor, and Jens Vincent, Acting Utility Manager, provided information
regarding storm water ditch maintenance, including: biofiltration, ditch maintenance
service requests, common ditch issues, and the use of the GIS collector application
to monitor and prioritize maintenance. During the past 3 months, almost 90% of the
ditches have been inventoried.
Storm Water assessment will take place in the Panther Lake and Kent West Hill area.
After the assessment is complete, maintenance work will begin.
Staff advised that acquiring an additional 10-yard dump truck, at a cost of
approximately $275,000, would make their maintenance work more efficient and
save on related maintenance costs.
Staff reviewed Best Management Practices to effectively maintain 120 miles of open
conveyance ditches within the City of Kent.
Council suggested installing “Do Not Litter” signs and increasing social media
regarding fines associated with littering.
Couvillion provided details regarding the City’s storm water detention ponds and the
assessment checklist utilized. The storm vegetation crew maintains the ponds and
plan on maintaining 7 ponds in 2018. Some work will be done by City staff and
challenging work will be contracted out.
Couvillion provided details on work that will be done to remove vegetation and
sediment
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Lovell provided information on storm water outfalls - just over 4,000 throughout the
City. Inspecting and maintaining outfalls prevents erosion and blockages. There are
over 19,000 storm catch basins throughout the City.
The TV truck is used to inspect storm water pipes and staff calculates the pipe
condition and gives it a rating. Staff hopes to get through the entire storm system
every 6-8 years. During 2018, staff will focus on the valley. Staff reviewed pipe age
throughout City and provided examples of pipe fail issues.
Couvillion presented information on the 2019 Pavement Preservation. Staff will make
pipe repairs prior to replacing pavement. Spot repairs will consist of cutting out
sections of pipe and replacing with same type of pipe. Line replacement is done when
a large section of pipe is damaged.
Staff provided information regarding the City’s storm water vactor site maintenance
and the challenges with an increase in contaminated materials. Staff is working with
City engineers to expand the footprint of the current vactor site. The City contracts
with Waste Management to dispose of excess dirt and materials.
Council expressed their appreciation of Public Works staff and suggested they
challenge the leadership and request equipment that have a cost-benefit, from a
LEAN prospective, that will build capacity and make their jobs easier.
Intelligent Transportation System
Kelly Peterson, Transportation Manager, and Catherine Crook, GIS Supervisor, gave
a presentation on Intelligent Transportation Systems. Story Map technology, a type
of PowerPoint, that is powered on the back end by data, was utilized during the
presentation.
Intelligent Transportation Systems are applications that provide an innovative
approach to how transportation and traffic are handled on a large scale. These smart
technologies include wireless communications, car navigation, traffic signal
regulation, and more.
Smart Cities are our future for communications, commerce, and growth.
Peterson reviewed the traffic signal system inventory, maintenance and repair, the
aging system and related repair costs.
Peterson provided details regarding the regional growth and current projects that
included Marquee on Meeker, the Naden Site, the Midway sub area plan, the Federal
Way Link Extension, and the SR 509 Gateway extension of Veteran’s Drive.
Kent City Council Workshop June 5, 2018
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Peterson advised that of the 120 traffic signals, 72 have antique controllers that need
to be upgraded to new controllers and fiber inter-connects. The Panther Lake signals
are not currently connected to the City’s signal system.
Peterson provided a review of the proposed camera locations and advised that data
collection is important to have information to improve safety and prioritize projects.
Transportation grants are starting to require data to apply for grants. The City needs
to have a safety program in place to be ready during next grant cycle.
Crook provided information regarding Car Play and the Google and Waze traffic
routing applications.
City governments can use the Waze data to reduce traffic with strategic and informed
management of traffic data through the Connected Citizen Program. This will require
an agreement for data sharing.
Crook advised that the City will create data-driven maps with the use of the data that
is collected. Douglas County Colorado’s map was displayed as an example.
Crook advised that the reason it matters to have data-driven maps is so that the City
can have access to accurate data to improved road safety, improve security, optimize
the performance of existing infrastructure, have smart parking solutions, and better
route information.
In looking forward, the City needs to update Canyon Drive with Interconnect
Controllers, connect the Panther Lake area traffic controllers to the City’s system,
and create an Intelligent Transportation Systems Plan.
Council inquired about details relating to an agreement with Waze and that the City
should notify Waze what streets should be removed from their map routing system
to avoid commercial traffic on residential streets.
Having an online mapping system would allow downloads of roads, sewer lines, catch
basins, and road center lines. Staff hopes to implement a mapping system in August.
Mayor Ralph indicated Kent is a big city and needs to start acting like one. Mayor
Ralph is excited over this technology and data and how it will create efficiencies for
everyone.
The meeting concluded at 6:33 p.m.
Kimberley A. Komoto
City Clerk
Kent City Council Workshop June 5, 2018
Minutes Kent, Washington
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June 5, 2018
Kent City Council Regular Meeting June 5, 2018
Minutes Kent, Washington
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Date: June 5, 2018
Time: 7 p.m.
Place: Council Chambers East/West
Attending: Mayor Dana Ralph
Bill Boyce, Council President
Brenda Fincher, Councilmember
Dennis Higgins, Councilmember
Satwinder Kaur, Councilmember
Toni Troutner, Councilmember
Agenda:
1.Call to Order
The meeting was called to order at 7:02 p.m. with Mayor Ralph presiding.
2.Roll Call
Mayor Ralph – Present
Council President Boyce - Present
Brenda Fincher, Councilmember – Present
Dennis Higgins, Councilmember - Present
Satwinder Kaur, Councilmember – Present
Les Thomas, Councilmember – Excused Absence
Toni Troutner, Councilmember – Present
3.Changes to the Agenda
Derek Matheson, Chief Administrative Officer, added item 8J., an Excused Absence
for Councilmember Thomas to the agenda.
Council President Boyce moved to approve the agenda as amended,
seconded by Councilmember Higgins. The motion passed unanimously with
a vote of 5-0.
4.Public Communications
A. Public Recognition
Councilmember Higgins recognized Tyler Cronk, from Kentridge High School, for
winning the high jump and Solomon Hines for winning the 200 meter at the
state track meet.
Higgins also recognized Husky baseball players Joe Wainhouse, from Kentridge,
and Jordan Jones, from Kentwood. The Huskies will be playing in the final 16
tournament.
Councilmember Kaur recognized the organizers of the Kent International Festival
and indicated the Khalsa Day Parade on May 26th and 10th International Festival
were successful events.
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i.Employee of the Month
Mayor Ralph advised that the June employee of the month will be recognized
during the next meeting.
ii.Proclamation for Juneteenth Day
Mayor Ralph presented the Proclamation for Juneteenth Day to Gwen Allen-
Carston and representatives from the Kent Black Action Committee. Allen-
Carston expressed her appreciation of the Proclamation and conveyed that
this is the 7th year of the event and invited the public to attend the celebration
on June 23, 2018, at Morrill Meadows Park from 10 a.m. to dusk. This year’s
celebration will be in memory of Linda Sweezer.
B. Community Events
Council President Boyce provided information regarding recent and upcoming events
at the accesso ShoWare Center. Visit accessoShoWareCenter.com for additional
details.
Boyce indicated Councilmember Fincher has been recognized by the Kent Chamber
of Commerce as the Legislator/Government Employee of the Year.
Councilmember Troutner advised that the Kent Drug Free Coalition will host a
community conversation on June 13th from 6:30 – 8 pm in the Council Chambers
located in City Hall. The event will be televised on Channel 21.
Councilmember Fincher advised that on June 23rd and June 30th from 9 a.m. – noon,
there will Green Kent Events at Clark Lake Park.
Fincher invited everyone to submit art for the “On the Water” contest under way on
KentCreates.com. The deadline is June 30th.
Mayor Ralph welcomed Kentridge senior Ethan Brazil to the meeting. Ethan indicated
he is attending today’s meeting as part of his civics project.
5.Reports from Council and Staff
Mayor Ralph
Mayor Ralph advised that she held the 3rd and final budget roadshow and indicated it
was well-attended and received helpful feedback from residents.
Mayor Ralph advised that she will be hosting informal conversations with residents
at local coffee shops. The first event will be held June 11th.
Mayor Ralph visited a 4th grade class at Carriage Crest elementary. She also read to
a kindergarten class today at East Hill Elementary.
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Mayor toured the newly reopened Lake Fenwick Dock and provided details regarding
the history of the dock, the cost of the new dock, and that it was funded by parks
capital.
Mayor invited the public to attend the ribbon cutting for the food trucks on June 6th
at 10:30 a.m. at Town Square Plaza.
Chief Administrative Officer
Derek Matheson indicated there will be a special city council meeting on June 12th at
5 p.m. Council will interview seven applicants for the vacant city council position No.
1, and if all goes well, there will be an appointment at the end of the meeting.
Matheson advised of the budget kickoff, and deadlines to staff and the Mayor to
present a budget to Council.
Matheson, along with the Mayor, hosted a mid-manager’s meeting and had a casual
conversation with mid-managers to respond to their questions and concerns.
Matheson advised of the status of the recruitment for the Council’s administrative
assistant.
Matheson indicated that there is an executive session tonight to discuss a property
acquisition that is expected to last 10 minutes with action when the Council
reconvenes in open session.
Council President Boyce
Boyce provided a brief recap of tonight’s City Council workshop regarding utilities
update – sewer and storm, as well as the intelligent transportation system.
Boyce serves on the Sound Cities Association’s Public Issues Committee. During the
last meeting there was a discussion on homelessness and the upcoming EMS levy.
Council President Boyce advised that the Operations Committee report is in the
minutes.
Councilmember Kaur
Councilmember Kaur serves on the Sound Cities Association Puget Sound Clean Air
Agency Advisory Council. No Report.
Councilmember Kaur serves on the Sound Cities Association Growth Management
Planning Council. During the last meeting, school siting was discussed. King County
has received funds and is working to update the buildable lands report. King County
will work on determining how the funds will be allocated. The Council also discussed
Vision 2050 scoping.
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Councilmember Higgins
Councilmember Higgins is the Chair of the Public Works Committee. Meeting notes
are in the minutes and are available online.
Councilmember Higgins serves on the King County Regional Transit Committee.
During the last meeting, innovative mobility programs were discussed, and employer-
shared shuttles were discussed. Metro is working on a car pool phone app that will
be available in 2019. The Committee heard information on a new rapid ride line from
Auburn to Renton that will go through downtown Kent and is scheduled to begin in
2021 or 2022. Higgins indicated there will be infrastructure construction that will take
place in Kent.
Councilmember Troutner
Councilmember Troutner serves on the Sound Cities Association Regional Law, Safety
and Justice Committee. During the last meeting the Committee heard from Seattle
and King County Public Health and Emergency Management and how they reach
residents with limited language proficiency in the case of an emergency. Troutner
advised that everyone should sign up for emergency alerts through
KingCounty.gov/alert. This is a regional public notification system to provide
information regarding hazards and threats in the area in case of an emergency.
The Committee heard from the King County Superior Court, Seattle, and District
Courts regarding the Language Assistance Plan. Troutner provided details regarding
the interpretation services and invited everyone to visit KingCounty.gov/courts
regarding interpretation services available and if they are interested in becoming an
interpreter.
Troutner is the chair of the Public Safety Committee. No Report.
Troutner serves on the Puget Sound Regional Fire Authority Governance Board. No
report.
Councilmember Fincher
Councilmember Fincher serves on the Arts Commission that recently dedicated the
traffic signal controller box across from the accesso ShoWare Center. More boxes
will be covered in 2018. The art was acquired through art submitted specifically for
this project.
There will be an artist reception on June 6th at the Centennial Center starting at 4:30
p.m.
Fincher is the chair of the Parks and Human Services Committee and advised of
funding received to help purchase the Walla property that will extend the Clark Lake
Park assets. The committee also heard presentations on cash reserves and capital
funds for the Riverbend Golf Complex. The City’s facilities division also presented to
the Committee.
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Fincher serves on the Sound Cities Association Mental Health and Drug Dependency
Oversight Committee. No report.
Fincher serves on the Sound Cities Association King Conservation District Advisory
Committee. During the last meeting the Committee discussed change theory work.
6.Public Hearing
None
7.Public Comment
Camilla Fogle, a Kent resident, spoke in opposition to artificial impact fees that would
limit school district’s ability to increase impact fees.
Justin Fogle, a Kent resident, spoke in opposition to artificial impact fees and is
concerned the school district is on a fiscal cliff and requested the City not put a cap
on impact fees.
Bob Kenworthy, resident of University Place, represented the Auburn School District
and requested Kent continue to review, approve, reject, or revise the impact fees on
an annual basis.
8.Consent Calendar
Council President Boyce moved to approve the Consent Calendar Items A
through J, seconded by Councilmember Higgins. The motion passed
unanimously with a 6-0 vote.
A. Minutes of May 15, 2018 Workshop and Council Meeting – Approve
Minutes of the May 15, 2018 Workshop and Council meeting were approved.
B. Nullification of Approval of Bills Received Through April 15, 2018 -
Approve
The nullification of the City Council’s May 15, 2018, approval of the bills received
through April 15, 2018, paid on April 15, 2018, the checks issued for payroll for April
1, 2018 through April 15, 2018, and paid on April 20, 2018, and audited by the
Operations Committee on May 1, 2018 was approved.
C. Approval of Bills
Bills received through April 15, 2018 and paid on April 15, 2018 were approved.
The Operations Committee audited the payment of bills on May 1, 2018.
Approval of checks issued for vouchers:
Date Check Numbers Amount
04/15/18 Wire Transfers 7475 - 7491 $2,220,334.49
04/15/18 Regular Checks 723405 - 723728 $1,251,537.79
04/15/18 Payment Plus 100833 - 100850 $102,018.98
Kent City Council Regular Meeting June 5, 2018
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Void Checks
04/15/18 Use Tax Payable $4,247.32
$3,578,138.58
Bills received through May 15, 2018 and paid on May 15, 2018 were approved. The
Operations Committee audited the payment of bills on May 15, 2018.
Approval of checks issued for vouchers:
Date Check Numbers Amount
05/15/18 Wire Transfers 7492 - 7508 $2,657,729.85
05/15/18 Regular Checks 723729 - 724156 $5,533,333.27
05/15/18 Payment + 100851 – 100872 $134,547.91
Void Checks ($85.00)
05/15/18 Use Tax Payable $492.92
$8,326,018.95
Checks issued for payroll for April 1, 2018 through April 15, 2018 and paid on April
20, 2018:
Date Check Numbers Amount
4/20/2018 Checks $0.00
Voids and Reissues
4/20/2018 Advices 406668 - 407598 $1,769,191.90
$1,769,191.90
Checks issued for payroll for April 16, 2018 through April 30, 2018 and paid on May
4, 2018:
Date Check Numbers Amount
5/4/2018 Checks $0.00
Voids and Reissues
5/4/2018 Advices 407599 - 408533 $1,725,030.98
$1,725,030.98
D. Legislative Lobbying Services Agreement - Authorize
The Mayor was authorized to sign a Consultant Services Agreement with Gordon
Thomas Honeywell Government Affairs, subject to final terms and conditions
acceptable to the Chief Administrative Officer and the City Attorney.
E. Update to Purchasing and Contracting Code Provisions Ordinance –
Adopt
Ordinance No. 4277 was adopted, that creates a competitive bid exception for
technology contracts, clarifies authority concerning contract amendments, removes
Kent City Council Regular Meeting June 5, 2018
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Page 7 of 10
reporting requirements for some contracts and leases, and makes other minor
housekeeping revisions.
F. Grant Agreement with the Recreation and Conservation Office for the
Walla Property Acquisition – Authorize
The Mayor was authorized to sign a grant agreement with the Recreation and
Conservation Office for reimbursement funding in the amount of $716,876 toward
the acquisition costs of the Walla property at Clark Lake Park, subject to final grant
terms and conditions acceptable to the Parks Director and City Attorney.
G. Establishment of Riverbend Golf Complex’s Capital Funds and Cash
Reserves – Approve
The Mayor was authorized to establish the Riverbend Golf Complex’s capital budget
and cash reserves account based on proceeds received from the sale of the Par 3
property at Riverbend Golf Course, in alignment with Riverbend’s August 2017
Business Plan.
H. Set Public Hearing Date for the 2019-2024 Six-Year Transportation
Improvement Program
The Mayor was authorized to set June 19, 2018, as the public hearing date to consider
adoption of the 2019-2024 Six-Year Transportation Improvement Program.
I. 80th Avenue South Pavement Rehabilitation Project – Accept as
Complete
The Mayor was authorized to accept the 80th Avenue South Pavement Rehabilitation
Project as complete and release retainage to Titan Earthwork, Inc., upon receipt of
standard releases from the state and the release of any liens.
9.Other Business
A. School District Impact Fees Ordinance – Adopt
Hayley Bonsteel, Long Range Planner, provided a brief presentation regarding the
ordinance setting maximum school impact fees and provide for an annual increase to
the maximum fees that is relative to the cost of construction in the region.
Bonsteel advised that the City is not required to provide for impact fees, she provided
a history of impact fees, how they work and are determined, and that the City adopts
school district’s Capital Facilities Plan along with the City’s annual budget.
Bonsteel provided details regarding Federal Way’s requested impact fee that
increased approximately 140% and advised that within the Federal Way school
district boundaries, development potential is low. If the City approved Federal Way’s
inflated fee, it would set a precedent of any fee that a school district presents.
Adopting high fees would halt development, creating a building moratorium. The
region is seeing significant growth and the City has various tools to manage growth,
but impact fees are not an appropriate way to manage growth.
Kent City Council Regular Meeting June 5, 2018
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Bonsteel indicated the proposed cap is based on the highest numbers ever seen by
any school district received. The fee calculation in the ordinance was based on last
years’ fee received for multi-family from the Federal Way School District, and the
single-family rate received by the Highline School District in 2016.
Bonsteel advised that maximum changes on an annual basis relative to cost of
construction are included in the ordinance and that the City will continue to review
yearly what is submitted to the City.
Bonsteel indicated that all cities use King County’s methodology and has requested
the County reconsider reevaluating methodology since it does not consider unit type.
Bonsteel indicated Snohomish and Pierce County have limits, along with the City of
Edgewood.
Bonsteel summarized that the City’s impact fee program needs limits that sets a
precedent that too of high of impact fees will not be accepted because it has a ripple
effect on our community, limiting growth, and that impact fees are not a way to
manage growth.
Councilmember Troutner moved to adopt Ordinance No. 4278, setting a
maximum allowable school district impact fee of $8,229 for single-family
dwelling units, and $8,386 for multifamily dwelling units, which will be
updated each year based on construction cost index values. Seconded by
Councilmember Boyce.
Councilmember Higgins spoke regarding his “No” vote on Federal Way’s prior request
for a $20,000 impact fee. He advised that he is a big proponent of impact fees and
helped implemented the impact fee through the Fire Authority. He understands and
wants impact fees in place.
Higgins is troubled by the cap and will vote in favor of the cap but wants a dialog
with school districts and County to get this formula fixed.
Council President Boyce advised that the Council rejected the Federal Way School
District’s impact fee that had increased from $8,000 to $20,000 per unit. Boyce
indicated that he served on Kent School Board for 17 years and understands the
importance of impact of fees.
Boyce advised that he reached out to the Kent School District regarding this proposed
ordinance and they indicated this cap will have no impact on the Kent School District.
There is a small section of the City of Kent that is within the City of Federal Way
School District boundaries.
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Boyce indicated the Council is open to additional dialogue to come up with a fix and
is open to more dialoged.
The motion passed unanimously with a vote of 5-0.
10.Bids
A. Lake Meridian Estates Storm Drainage Improvements Phase II – Award
Tim LaPorte, Public Works Director, provided a brief overview of the Lake Meridian
Estates Storm Drainage Improvements Phase II project and recommends awarding
the project to Tucci & Sons.
Councilmember Higgins moved to award the Lake Meridian Estates Storm
Drainage Improvements Phase II Project to Tucci & Sons Inc., in the amount
of $1,342,899.25, 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 unanimously with a vote of 5-0.
B. 132nd Ave SE Pedestrian Improvements Project- Award
Tim LaPorte, Public Works Director, provided a brief overview of the 132nd Ave SE
pedestrian improvements project and recommends awarding the project to Axum.
Councilmember Higgins moved to award the 132nd Avenue SE Pedestrian
Improvements Project (North) to Axum General Construction, Inc., in the
amount of $511,616.15, 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 unanimously with a vote of 5-0.
C. 2018 Plastic Markings Refresh Project – Award
Tim LaPorte, Public Works Director, provided a brief overview of the 2018 plastic
markings refresh project. LaPorte explained the variances in the bid summaries.
LaPorte recommends awarding the project to Stanley Patrick Striping.
Councilmember Higgins moved to award the 2018 Plastic Markings Project
to Stanley Patrick Striping Co., in the amount of $234,030.00, and authorize
the Mayor to sign all necessary documents, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director and
seconded by Councilmember Fincher. The motion passed unanimously with
a vote of 5-0.
D. James Street Pavement Rehabilitation Project - Award
Tim LaPorte, Public Works Director, provided a brief overview of the James Street
pavement rehabilitation project and recommended awarding the project to Kiewit
Infrastructure.
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Councilmember Higgins moved to award Option #2 of the James Street
Pavement Rehabilitation Project to Kiewit Infrastructure West Co., in the
amount of $1,890,135.00, 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 unanimously with a vote of 5-0.
At 8:10 p.m., the Council adjourned into executive session
At 8:22 p.m., the Council reconvened into open session.
11.Executive Session and Action after Executive Session
A. Property Negotiations, as per RCW 42.30.110(1)(b) – Purchase or lease
Tim LaPorte, Public Works Director, recommended Council acquire the Johnsen-Sealy
property located off the Green River Road, below South 277th Street, that will be used
as a wetland mitigation site for future use. This purchase would be paid for from
storm drainage funds.
Councilmember Higgins moved to authorize the Mayor to sign all necessary
documents to complete the purchase of the Johnsen-Sealy property located
at 27412 Green River Road, in an amount not to exceed $610,000, plus
reasonable closing costs, subject to approval of the final terms and
conditions by the City Attorney and Public Works Director, seconded by
councilmember Fincher. The motion passed unanimously with a vote of 5-0.
12. Adjournment
Mayor Ralph adjourned the meeting at 8:24 p.m.
Kimberley A. Komoto
City Clerk
June 5, 2018
Kent City Council Special Meeting June 12, 2018
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Date: June 12, 2018
Time: 5 p.m.
Place: Council Chambers East/West
Attending: Mayor Dana Ralph
Bill Boyce, Council President
Brenda Fincher, Councilmember
Satwinder Kaur, Councilmember
Dennis Higgins, Councilmember
Les Thomas, Councilmember
Toni Troutner, Councilmember
Agenda:
1.Call to Order
The meeting was called to order at 5:05 p.m. with Mayor Ralph presiding.
2.Roll Call
Mayor Dana Ralph – Present
Bill Boyce, Council President - Present
Brenda Fincher, Councilmember – Present
Dennis Higgins, Councilmember - Present
Satwinder Kaur, Councilmember – Present
Les Thomas, Councilmember – Present
Toni Troutner, Councilmember - Present
Mayor Ralph provided information regarding the format of the meeting and requested
that applicants remain outside the chambers until they are called for their interview.
Council President provided a review of the interview process and indicated each
candidate would respond to the following questions:
1.Please introduce yourself and tell us why you want to serve on the Kent City
Council.
2.What unique knowledge/skills/abilities do you offer to the Kent City Council,
city government, and residents?
3.Please describe what you believe is the role of an individual city
councilmember, the city council as a whole, and the mayor.
4.The city faces the loss of over $10 million per year in state-shared revenue
and a “structural imbalance” that grows by $2 million per year because our
revenues can’t keep up with the cost of doing business. It’s been said we can’t
solve these fiscal challenges by increasing taxes, reducing expenses, or moving
money around in the city budget: we have to do all three. What are your
thoughts about taxes and expenses?
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5.In addition to a balanced budget, what two things would you like to accomplish
as a councilmember between now and the end of 2019.
Zandria Michaud
Zandria Michaud expressed her appreciation of the opportunity to interview for the
vacant position and her desire to serve on the City Council. Michaud provided her
responses to all questions.
Hira Singh Bhullar
Hira Singh Bhullar expressed his appreciation of the opportunity to interview for the
vacant position and his desire to serve on the City Council. Bhullar provided his
responses to all questions.
Suzanne Cameron
Suzanne Cameron expressed her appreciation of the opportunity to interview for the
vacant position and advised the Council of her desire to serve on the City Council.
Cameron provided her responses to all questions.
Marli Larimer
Marli Larimer expressed her appreciation of the opportunity to interview for the
vacant position and advised the Council of her desire to serve on the City Council.
Larimer provided her responses to all questions.
At 6 p.m., the Council recessed for a 20-minute break
At 6:21 p.m., the Council reconvened into open session.
Sara Franklin
Sara Franklin expressed her appreciation of the opportunity to interview for the
vacant position and advised the Council of her desire to serve on the City Council.
Franklin provided her responses to all questions.
Mizanur Rahman
Mizanur Rahman expressed his appreciation of the opportunity to interview for the
vacant position and advised the Council of his desire to serve on the City Council.
Rahman provided his responses to all questions.
William Shorr
Bill Shorr expressed his appreciation of the opportunity to interview for the vacant
position and advised the Council of his desire to serve on the City Council. Shorr
provided his responses to all questions.
Mayor Ralph advised that the interviews are complete, and the Council will go into
executive session until 7:45 p.m., and there will be action following.
Kent City Council Special Meeting June 12, 2018
Minutes Kent, Washington
Pending Approval
Page 3 of 3
At 7:10 p.m., the Council went into executive session.
At 7:45 p.m., executive session was extended for an additional 15 minutes.
At 8:02 p.m., the Council reconvened into open session.
Council President Boyce moved to appoint Marli Larimer to City Council
Position No. 1., to serve until the certification of the November, 2019
general election, seconded by Councilmember Higgins.
Boyce expressed his appreciation for all the applicants and advised that this was a
tough decision for the Council. Over 40 people applied for the position.
Troutner expressed her appreciation for all the applicants and advised that many
letters of recommendations were received. Troutner encouraged all the applicants to
stay involve with City government.
Councilmember Thomas provided comments and expressed his appreciation for all
those that applied and participated in this election process.
The motion passed unanimously with a vote of 7-0.
Mayor Ralph administered the oath of office to Marli Larimer.
Larimer took her seat on the Council.
Council President Boyce advised Larimer of the process moving forward.
3. Adjournment
At 8:10 p.m., Mayor Ralph adjourned the meeting.
Kimberley A. Komoto
City Clerk
June 12, 2018
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Agenda Item: Consent Calendar – 8B_
8C. Approval of Bills:
Approval of payment of the bills received through May 15, 2018 and paid on May
15, 2018. The Operations Committee audited the payment of bills on June 5,
2018.
Approval of checks issued for vouchers:
Date Check Numbers Amount
05/15/18 Wire Transfers 7509 - 7524 $2,183,997.09
05/15/18 Regular Checks 724157 - 724568 $2,797,917.23
05/15/18 Payment Plus 100873 - 100884 $89,231.76
Void Checks ($85,735.00)
05/15/18 Use Tax Payable $3,895.64
$4,989,306.72
Approval of checks issued for payroll for May 1, 2018 through May 15, 2018 and
paid on May 18, 2018:
Date Check Numbers Amount
5/18/2018 Checks 0
Voids and Reissues
5/18/2018 Advices 408534 - 409469 $1,866,097.47
$1,866,097.47
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Agenda Item: Consent Calendar – 8C_
TO: City Council
DATE: June 19, 2018
SUBJECT: Equipment Purchase for Riverbend Golf Course – Authorize
SUMMARY: In 2017, the Riverbend Golf Complex completed a 2018-2023 Business
Plan to address long term sustainability and change of its business model, after the City
authorized the sale of the Par 3 property at Riverbend Golf Course for $10,500,000 to
Auburn-based FNW, Inc./Landmark Development Group for a mixed-use project.
Included within this business plan was a recommended 2018-2023 capital improvement
plan, which included a $750,000 allocation for maintenance equipment replacement.
Due to the lack of capital funding available for reinvestment, Riverbend Golf Complex’s
maintenance equipment has far exceeded its useful life and is in dire need of
replacement. Throughout the past decade, Riverbend has owned Toro equipment, has
continued to utilize new Toro equipment models via test demos, rentals, etc. Toro is
also well known both nationally and locally for the quality of their equipment, especially
within the golf industry, with many municipal and private courses utilizing Toro
equipment.
The City of Mesa, Arizona has publicly solicited and awarded an agreement for Parks
and Golf Grounds Maintenance Equipment to The Toro Company. This cooperative
purchasing agreement is available to public and non-profit entities nationwide via
National Intergovernmental Purchasing Alliance, effective April 1, 2017 to April 1, 2022.
The City of Kent is an active member of the National Intergovernmental Purchasing
Alliance program. In an effort to disperse the demands on capital funds, Riverbend is
opting to purchase the equipment through a 4-year lease to own agreement, based on
Attachment 2, Payment Schedule to the May 17, 2018, Master Equipment Lease
Purchase Agreement Number 742593L by TCF Equipment Finance.
After the 4-year term, total equipment purchase price (including 5.05% interest) will
not exceed $705,000.
Equipment purchased is in accordance with Attachment 1 to the Schedule No. 008-
0742593-300 dated May 17, 2018, to the Master Equipment Lease Purchase Agreement
Number 742593L by TCF Equipment Finance, including:
(2) Toro Reelmaster 3555-D Light Weight Fairway Mowers
MOTION: Authorize the Mayor to authorize the Parks Director to purchase
maintenance equipment through a lease agreement made under the
cooperative purchasing agreement the National Intergovernmental
Purchasing Alliance has with The Toro Company, in an amount not to exceed
$705,000, and authorize the Mayor to sign all necessary documents, subject
to final terms and conditions acceptable to the City Attorney and Parks
Director.
(2) Toro Groundmaster 4500-D Large Area Rough Mowers with Contour Mowing Decks
(1) Toro Multi Pro 1750 Computerized Self-Contained Spray Vehicle
(2) Toro Greenmaster 3320 Triflex Greens Mowers with additional accessories
(2) Toro Greenmaster 3220 Triflex Tee and Approach Mowers with additional accessories
(1) Toro Reelmaster 3100-D Surrounds Mower (Used around greens, tees and Bunkers)
(1) Groundmaster 3500-D Small Area Rough Mower with Contour Mowing Decks
(1) Toro ProPass200 Wireless Computerized Pull-Behind Topdesser
(1) Toro Sand Pro 5040 Bunker Rake (Riding)
(1) Toro ProCore 648 Greens and Tee Aerifier
(1) Toro Pro Force Debris Pull-Behind Blower
(1) True Surface GCC Frames for Verti-Cutting and Brushing Greens
(1) True Surface GCC Verti-Cutting Blade Inserts for Greens
(1) Salsco HP11 Roller Greens Roller with attachments and accessories.
All of the above equipment comes with the standard Toro two year or 1,500-hour parts
and labor warranty with the exception of the ProCore 648 Aerifier which has a two year
or 500-hour warranty.
The existing Riverbend golf course maintenance equipment will be salvaged and sent to
auction in September.
The new equipment purchased will be replacing the existing 18-year-old maintenance
equipment at the golf complex. The new equipment features several advances in
technology that will increase efficiencies in; both mowing time and fuel savings, reduce
down-time of equipment, and reduce maintenance and repair costs. In addition, the
new equipment will create a more visually pleasing aesthetics to the golf course which
will help to increase player satisfaction related to the overall course condition.
EXHIBITS: Schedule No. 008-0742593-300 dated May 17, 2018, to the Master
Equipment Lease Purchase Agreement Number 742593L by TCF Equipment Finance.
RECOMMENDED BY: Operations Committee
YEA: Bill Boyce, Dennis Higgins, Les Thomas NAY:
BUDGET IMPACTS: Riverbend Golf Complex’s capital improvement budget
STRATEGIC PLAN GOAL(S):
☒ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging
technologies, and fostering new opportunities and industries that benefit our community.
☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community
partnerships.
\
City of Kent, Washington
220 Fourth Ave. S
Kent, WA 98032
RE: Schedule No. 008-0742593-300 to Master Equipment Lease Purchase Agreement Number 742593L
Dear Sir or Madam:
Thank you for choosing TCF Equipment Finance, a division of TCF National Bank for your capital equipment financing
needs! Enclosed are the lease documents necessary to close the above mentioned transaction. The purpose of this letter is to provide
you with step-by-step instructions as to what is required with respect to each document. At any time, if you have anv questions, please
don't hesitate to contact Ben Stedman at (319) 226-1727 for assistance. A return FedEx air bill is provided for your convenience.
Document Action Requiredr Master Equipment Lease Purchase Agreement Authorized Signafure of Lessee and Clerk or Secretary of
Lessee; Clerk or Secretarv sisnature must be someone other than
the person providinq Authorized Signature ofLessee
r Schedule ofEquipment No. 008-0742593-300
o Attachment I to Schedule - Equipment Description
r Attachment 2 to Schedule - Payment Schedule
r Lessee's Closing Certificate
Authorized Signature of Lessee
Authorized Signature of Lessee
Authorized Signature of Lessee
Complete all blanks for Titles, Dates and Specimen Signatures of
Authorized Signors; Provide contact information for invoicing and
8038
Lessee's Payment Instructions and Acceptance Certificate Authorized Signature of Lessee andDate upon Equipment
Acceptance
Essential Use Certificate Please provide the requested information and obtain
Authorized Signature of Lessee
Insurance Coverage Requirements Authorized Signature ofLessee; please also provide the
name and contact information for your property and liability
insurance carrier(s)
Opinion of Counsel Opinion Letter must be reproduced in its entirety (with
Lessee's legal name replacing the blank space in paragraph one) on
Lessee's legal counsel's letterhead and signed by Lessee's legal
counsel
e Resolution Resolution must be certified by an Authorized Signature of
Lessee as a copy ofresolution adopted by Lessee
r IRS Form 8038 Please consult Lessee's tax or financial professional
regarding completion and provide a copy ofthe filed form
a
a
a
a
Escrow Agreement and/or State Rider (if applicable)
Other Items Needed From Lessee:
Authorized Signature of Lessee, if applicablea
Mui Le6e M6ter_ Coverltr v 04.20.2016 353877 5lIT2OI8 1:01 lM
Initial Payment (ifapplicable) as Indicated on TCF Invoice
Master Equipment Lease Purchase Agreement Number 742593L Dated May 17,2018
'oLessee"
City of Kent, Washington,220 Fourth Ave. S, Kent, WA 98032
Fax:E-mail
ttLgssortt
TCF Equipment Finance, a division of TCF National Bank, 1111 West San Marnan Dr, Suite A2 West, Waterloo, IA 50701-
8926
Fax: 319-833-4577 E-mail: customerseryice@financediv.com
\tcf
e.quipment
ttnance
MASTER EQUIPMENT LEASE PURCHASE AGREEMENT NO. 742593L
RECITALS:
l. Lessee desires to lease certain property from the Lessor described in the schedules to this Agreement that are to be
executed from time to time by the parties hereto (such schedules, whether now or hereafter executed, are hereby incorporated
herein and are hereinafter collectively refened to as the "Schedules," and the items of property leased to Lessee hereunder,
together with all substitutions, proceeds, replacement parts, repairs, additions, attachments, accessories and replacements thereto,
thereof or therefor, are hereinafter collectively refened to as the "Equipment") subject to the terms and conditions of and for the
purposes set forth in this Agreement.
2. The relationship between the parties shall be a continuing one and items of property may be added to or deleted from the
Equipment from time to time by execution of additional Schedules by the parties hereto and as otherwise provided herein.
3. Lessee is authorized under the constitution and laws of the State to enter into this Agreement for the purposes set forth
herein.
NOW, THERtrFORE, for and in consideration ofthe premises hereinafter contained, the parties hereby agree as follows:
ARTICLE I
DEFINITIONS
Section 1.01. Definitions. The following terms will have the meanings indicated below unless the context clearly requires
otherwise:
"Agreement" means this Master Equipment Lease Purchase Agreement No. 742593L including the Schedules and any other
schedule, exhibit or escrow agreement made a part hereof by the parties hereto, together with any amendments to this Agreement.
"Codet' means the Internal Revenue Code of 1986, as amended.
"Commencement Date" means, with respect to any Schedule, the date when the term of this Agreement with respect to that
Schedule and Lessee's obligation to pay rent under that Schedule commence, which date (a) Lessee hereby authorizes Lessor to
fill in on the executed payment scheduled attached to each Schedule, and (b) shall be the earlier of (i) the date on which the
Equipment listed in that Schedule is accepted by Lessee in the manner described in Section 5.01, or (iD the date on which
sufficient moneys to purchase the Equipment listed in that Schedule are deposited for that purpose with an escrow agent.
"Equipment" means the property described in a Schedule and all replacements, substitutions, repairs, restorations,
modifications, attachments, accessions, additions and improvements thereof or thereto. Whenever reference is made in this
Agreement to Equipment listed in a Schedule, that reference shall be deemed to include all replacements, repairs, restorations,
modifications and improvements of or to that Equipment.
"Event of Default" means, with respect to any Lease, an Event of Default described in Section 12.01.
ttlssuance Yeart' is the calendar year in which the Commencement Date occurs.
"Leaset'means an individual Schedule and this Agreement.
Mwi Lease Mster Lese ver. 05.l6.l'7 353877 61512017 ll:56 I!;JI Pagelof13
"Lease Term" means, with respect to any Lease, the Original Term and all Renewal Terms of that Lease, but ending on the
occurrence ofthe earliest event specified in Section 3.03.
"Lessee" means the entity described as such in the header ofthis Agreement, its successors and its assigns.
'(Lessor" means, with respect to each Schedule and the Lease of which that Schedule is a part, (i) if Lessor's interest in, to
and under that Schedule has not been assigned pursuant to Section 11.01, the entity described as such in the header ofthis
Agreement or its successor, or (ii) if Lessor's interest in, to and under that Schedule has been assigned pursuant to Section
11.01, the assignee thereofor its successor.
'6Maximum Lease Term" means, with respect to any Lease, the Original Term and all Renewal Terms through the Renewal
Term including the last Rental Payment Date set forth on the Schedule that is part of that Lease.
J'Net Proceeds" means the amount remaining from the gross proceeds of any insurance claim or condemnation award after
deducting all expenses (including attorneys' fees) incurred in the collection ofsuch claim or award.
"Original Term" means, with respect to any Lease, the period from the first Commencement Date for any Schedule under
that Lease until the end of the fiscal year of Lessee in effect at that Commencement Date.
"Purchase Price" means the amount set forth on any Schedule that Lessee may, at its option, pay to Lessor to purchase the
Equipment listed on that Schedule.
"Renewal Terms" means, with respect to any Lease, the optional renewal terms of that Lease, each having a duration of one
year and a term co-extensive with Lessee's fiscal year.
"Rental Payment Datestt means the dates set forth in the Schedules on which Rental Payments are due.
"Rental Payments" means the basic rental payments payable by Lessee pursuant to Section 4.01.
"Schedulet'means any schedule to this Agreement, executed from time to time by the parties hereto.
"State" means the State of Lessee's organization.
"Vendort' means a manufacturer of Equipment as well as the agents or dealers of the manufacturer from whom Lessor
purchased or is purchasing Equipment.
ARTICLE II
REPRESENTATIONS AND COVENANTS OF' LESSEE
Section 2.01.
Lessor as follows:
Representations and Covenants of Lessee. Lessee represents, warrants and covenants for the benefit of
(a) Lessee is a political subdivision duly organized and existing under the constitution and laws ofthe State. Lessee
will do or cause to be done all things to preserve and keep in full force and effect its existence as a body corporate and
politic. Lessee has a substantial amount of one or more of the following sovereign powers: (a) the power to tax, (b) the
power of eminent domain, and (c) police power.
(b) Lessee is authorized under the constitution and laws of the State to enter into this Agreement and the transaction
contemplated hereby and to perform all ofits obligations hereunder.
(c) Lessee has been duly authorized to execute and deliver this Agreement by proper action and approval of its
goveming body at a meeting duly called, regularly convened and attended throughout by a requisite majority of the
members thereof or by other appropriate official approval.
(d) This Agreement constitutes the legal, valid and binding obligation of Lessee enforceable in accordance with its
terms, except to the extent limited by applicable bankruptcy, insolvency, reorganization or other laws affecting creditors'
rights generally.
Mui_Lease,M6ter Lede ver. 05. I 6. I 7 3 53 877 61512017 Il:56 ANI Page 2 of l3
(e) No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute,
an Event ofDefault exists at the date hereof.
(0 Lessee has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the
current fiscal year to make the Rental Payments scheduled to come due during the cunent fiscal year and to meet its other
obligations under this Agreement, and such funds have not been expended for other purposes.
(g) Lessee has complied with such public bidding requirements as may be applicable to this Agreement and the
acquisition by Lessee ofthe Equipment hereunder.
(h) There is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public
board or body, pending or threatened against or affecting Lessee, nor to the best knowledge ofLessee is there any basis
therefor, wherein an unfavorable decision, ruling or finding would materially adversely affect the transactions
contemplated by this Agreement or any other document, agreement or certificate which is used or contemplated for use in
the consummation of the transactions contemplated by this Agreement or materially adversely affect the financial
condition or properties ofLessee.
(i) All authorizations, consents and approvals of govemmental bodies or agencies required in connection with the
execution and delivery by Lessee of this Agreement or in connection with the carrying out by Lessee of its obligations
hereunder have been obtained.
(j) The entering into and performance of this Agreement or any other document or agreement contemplated hereby
to which Lessee is or is to be a party will not violate any judgment, order, law or regulation applicable to Lessee or result
in any breach of, or constitute a default under, or result in the creation of any lien, charge, security interest or other
encumbrance on any assets ofLessee or the Equipment pursuant to any indenture, mortgage, deed oftrust, bank loan or
credit agreement or other instrument to which Lessee is a party or by which it or its assets may be bound, except as herein
provided.
(k) The Equipment is essential to the function of Lessee or to the service Lessee provides to its citizens. Lessee has
an immediate need for, and expects to make immediate use of, substantially all the Equipment, which need is not
temporary or expected to diminish in the foreseeable future. The Equipment will be used by Lessee only for the purpose
of performing one or more of Lessee's governmental or proprietary functions consistent with the permissible scope of
Lessee's authority.
0) Neither the payment of the Rental Payments hereunder nor any portion thereof is (i) secured by any interest in
property used or to be used in a trade or business of a non-exempt person (within the meaning of Section 1 03 ofthe Code)
or in payments in respect of such property or (ii) derived from payments in respect of property, or borrowed money, used
or to be used in a trade or business of a non-exempt person (within the meaning of Section 103 of the Code). No portion
of the Equipment will be used directly or indirectly in any trade or business carried on by any non-exempt person (within
the meaning of Section 103 of the Code).
(m) Lessee will comply with all applicable provisions of the Code, including without limitation Sections 103 and
l4l-150 thereof, and the applicable regulations ofthe Treasury Department that relate to each Lease in order to establish
and maintain the exclusion of the interest components of Rental Payments from gross income for purposes of federal
income taxation. In furtherance ofthe foregoing, Lessee covenants and agrees to prepare (or engage a tax professional to
prepare on Lessee's behalf) and file all necessary informational retums on a timely basis with the IRS, including, but not
ii-it.a to, IRS Series 8038 Forms, which must generally be filed on or before the 15ft of the 2nd calendar month after the
close of the calendar quarter in which the Commencement Date occurs. Lessee agrees to provide Lessor with copies of
all such filed returns relating to each Lease contemporaneously with their filing. If Lessee fails to file the necessary
informational returns with the IRS on a timely basis, Lessee hereby authorizes Lessor to engage a tax professional of
Lessor's choosing to complete the required retums on Lessee's behalf and at Lessee's expense, which Lessee agrees to
execute and file. If Lessee files informational returns containing incorrect or incomplete information, Lessee hereby
authorizes Lessor to engage a tax professional of Lessor's choosing to file an amendment to the incorrect or incomplete
informational return on Lessee's behalfand at Lessee's expense, which Lessee agrees to execute and file.
(n) Lessee will use the proceeds of this Agreement as soon as practicable and with all reasonable dispatch for the
purpose for which this Agreement has been entered into. No part of the proceeds of this Agreement will be invested in
any securities, obligations or other investments or used, at any time, directly or indirectly, in a manner which, if such use
had been reasonably anticipated on the date of issuance of this Agreement, would have caused any portion of this
Mui Lease M6ter Le6e ver. 05. I 6.17 353877 6/5/2017 I l:56 AM Page 3 of l3
Agreement to be or become "arbitrage bondsn' within the meaning of Section 103(bX2) or Section 148 of the Code and
the applicable regulations of the Treasury Department.
(o) Lessee represents and warrants that it is a governmental unit under the laws of the State; this Agreement is not a
private activity bond as defined in Section 141 of the Code, and 95%o or more of the net proceeds of this Agreement will
be used for local governmental activities ofl-essee.
(p) Lessee has never failed to pay payments coming due under any bond issue, lease purchase agreement or other
indebtedness obligation of Lessee.
(q) The useful life of the Equipment will not be less than the Maximum Lease Term.
G) The application, statements and credit or financial information reviewed by Lessor are true and correct and
made to induce Lessor to enter into this Agreement and the escrow agreement, if any, and Lessee has experienced no
material change in its financial condition since the date(s) of such information.
(s) Lessee shall pay the excess (if any) of the actual costs of acquiring the Equipment under the Agreement over the
amount deposited by Lessor in the escrow fund, if any, established under any related escrow agreement and interest
eamings thereon.
(t) Lessee understands and acknowledges that Lessor has not acted and will not act as a fiduciary for Lessee or as
Lessee's agent or municipal advisor; Lessor has not and will not provide financial, legal, tax, accounting or other advice
to Lessee or to any financial advisor or placement agent engaged by Lessee with respect to this Agreement. Lessee, its
financial advisor, placement agent or municipal advisor, if any, shall each seek and obtain its own financial, legal, tax,
accounting and other advice with respect to this Agreement from its own advisors (including as it relates to structure,
timing, terms and similar matters).
Section 2.02. Conditions to Lessorts Performance under Schedules. As a prerequisite to the performance by Lessor of
any of its obligations pursuant to the execution and delivery of any Schedule, Lessee shall deliver to Lessor the following:
(a) An Opinion of Counsel to Lessee, in form and substance acceptable to Lessor in its sole discretion, respecting
such Schedule.
(b) A Lessee's Closing Certificate executed by the Clerk or Secretary or other comparable officer oflessee, in form
and substance acceptable to Lessor in its sole discretion, completed to the satisfaction ofLessor.
(c) An Essential Use Certificate executed by a duly authorized officer ofLessee, in form and substance acceptable
to Lessor in its sole discretion, completed to the satisfaction of Lessor.
(d) All documents, including financing statements, affidavits, notices and similar instruments, in form satisfactory to
Lessor, which Lessor deems necessary or appropriate at that time pursuant to Section 6.02.
(e) Such other items, if any, as are set forth in such Schedule or are reasonably required by Lessor.
This Agreement is not a commitment by Lessor to enter into any Schedule not cunently in existence, and nothing in this
Agreement shall be construed to impose any obligation upon Lessor to enter into any proposed Schedule, it being understood that
whether Lessor enters into any proposed Schedule shall be a decision solely within Lessor's discretion.
Lessee will cooperate with Lessor in Lessor's review of any proposed Schedule. Without limiting the foregoing, Lessee will
provide Lessor with any documentation or information Lessor may request in connection with Lessor's review of any proposed
Schedule. Such documentation may include, without limitation, documentation concerning the Equipment and its contemplated
use and location and documentation or information conceming the financial status of Lessee and other matters related to Lessee.
ARTICLE III
LEASE OF'EQUIPMENT
Section 3.01. Lease of Equipment. Lessor hereby demises, leases and lets to Lessee, and Lessee rents, leases and hires from
Lessor, the Equipment listed in each Schedule in accordance with the provisions of this Agreement and that Schedule for the
Lease Term for the Lease ofwhich that Schedule is a part.
Mmi Lease M6ter Le6e ver. 05.16.17 353871 6/512017 11156 AM Page 4 of l3
Section 3.02. Lease Term. The Original Term of each Lease will commence on the Commencement Date and will terminate
on the last day of Lessee's current fiscal year. The Lease Term for each Lease may be continued, solely at the option of Lessee, at
the end of the Original Term or any Renewal Term for an additional Renewal Term up to the Maximum Lease Term for that
Lease. At the end of the Original Term and at the end of each Renewal Term until the Maximum Lease Term has been completed
for a Lease, Lessee will be deemed to have exercised its option to continue that Lease for the next Renewal Term unless Lessee
has terminated that Lease pursuant to Section 3.03 or Section 10.01. The terms and conditions during any Renewal Term will be
the same as the terms and conditions during the Original Term, except that the Rental Payments will be as provided in the
Schedules.
Section 3.03. Termination of Lease Term. The Lease Term for each Lease will terminate upon the earliest of any of the
following events:
(a) the expiration of the Original Term or any Renewal Term of that Lease and the nonrenewal of that Lease in the
event ofnonappropriation offunds pursuant to Section 3.05;
(b) the exercise by Lessee of the option to purchase the Equipment granted under that Lease under the provisions of
Article X and payment of the Purchase Price and all amounts payable in connection therewith;
(c) a default by Lessee and Lessor's election to terminate that Lease under Article XII; or
(d) the payment by Lessee of all Rental Payments required to be paid by Lessee under that Lease when such
payments are due through the expiration ofthe Maximum Lease Term.
Section 3.04. Continuation of Lease Term. Lessee cunently intends, subject to the provisions of Section 3.05 and Section
4.04, to continue the Lease Term for each Lease through the Original Term and all of the Renewal Terms and to pay the Rental
Payments hereunder. Lessee reasonably believes that legally available funds in an amount sufficient to make all Rental Payments
during the Maximum Lease Term for each Lease can be obtained. The responsible financial officer of Lessee will do all things
lawfully within his or her power to obtain and maintain funds from which the Rental Payments may be made, including making
provision for such Rental Payments to the extent necessary in each proposed annual budget submitted for approval in accordance
with applicable procedures oflessee and to exhaust all available reviews and appeals in the event such portion ofthe budget is not
approved. Notwithstanding the foregoing, the decision whether or not to budget or appropriate funds or to extend a Lease for any
Renewal Term is solely within the discretion of the then current governing body of Lessee.
Section 3.05. Nonappropriation. Lessee is obligated only to pay such Rental Payments under this Agreement as may
lawfully be made from funds budgeted and appropriated for that purpose during Lessee's then current fiscal year. In the event
sufficient funds will not be appropriated or are not otherwise legally available to pay the Rental Payments required to be paid
under a Lease in the next occuning Renewal Term, that Lease will be deemed to be terminated at the end of the then current
Original Term or Renewal Term. Lessee agrees to deliver notice to Lessor of such termination at least 90 days prior to the end of
the then current Original Term or Renewal Term, but failure to give such notice will not extend the Lease Term beyond such
Original Term or Renewal Term. If a Lease is terminated in accordance with this Section, Lessee agrees, at Lessee's cost and
expense, to peaceably deliver the Equipment then subject to that Lease to Lessor at the location or locations specified by Lessor.
ARTICLE IV
RENTAL PAYMENTS
Section 4.01. Rental Payments. Lessee will pay Rental Payments, exclusively from legally available funds, in lawful money
of the United States of America to Lessor in the amounts and on the dates set forth in the Schedules without notice or demand.
Rental Payments will be in consideration for Lessee's use of the Equipment during the fiscal year in which such payments are due.
Any Rental Payment not received on or before its due date will be assessed a late payment fee of l|Yo or the maximum amount
permitted by law, whichever is less, from its due date. Lessee agrees to pay Lessor a fee, in an amount determined by Lessor, not
to exceed the maximum amount from time to time permitted by applicable law, for any check or automatic payment withdrawal
request that is returned to Lessor because of insuffrcient funds available in Lessee's account or a stop payment.
In the event that it is determined that any of the interest components of Rental Payments may not be excluded from gross
income for purposes of federal income taxation, Lessee agrees to pay to Lessor promptly after any such determination and on each
Rental Payment Date thereafter an additional amount determined by Lessor to compensate Lessor for the loss of such
excludability (including without limitation, compensation relating to interest expense, penalties or additions to tax), which
determination shall be conclusive absent manifest error.
Mui_Lease_Mdter Leoe ver. 05.16.17 3538'17 61512017 Il:56 r'n.i Page5ofl3
Section 4.02. Interest Component. As set forth on the payment schedules attached to the Schedules, a portion of each
Rental Payment is paid as, and represents payment of, interest.
Section 4.03. Rental Payments To Be Unconditional. Except as provided in Section 3.05, the obligations of Lessee to
make Rental Payments and to perform and observe the other covenants and agreements contained herein shall be absolute
and unconditional in all events without abatement, diminution, deduction, set-off or defense, for any reason, including
without limitation any failure of the Equipment to be delivered or installed, any defects, malfunctions, breakdowns or
infirmities in the equipment or any accident, condemnation or unforeseen circumstances.
Section 4.04. Rental Payments to Constitute a Current Expense of Lessee. The obligation of Lessee to pay Rental
Payments hereunder will constitute a current expense of Lessee, are from year to year and do not constitute a mandatory payment
obligation of Lessee in any fiscal year beyond the then current fiscal year of Lessee. Lessee's obligation hereunder will not in any
way be construed to be an indebtedness of Lessee in contravention of any applicable constitutional, charter or statutory limitation
or requirement conceming the creation of indebtedness by Lessee, nor will anything contained herein constitute a pledge of the
general credit, tax revenues, funds or moneys of Lessee.
ARTICLE V
EQUIPMENT
Section 5.01. Delivery, Installation and Acceptance of the Equipment. Lessee will order the Equipment, cause the
Equipment to be delivered and installed at the location specified in the applicable Schedule and pay any and all costs, charges,
expenses and obligations of every kind and nature incurred regarding the importation, shipment, delivery, possession, use, lease,
return, repossession, storage and transfer of any of Equipment. When the Equipment listed in any Schedule has been delivered
and installed, Lessee will immediately inspect such Equipment and accept such Equipment after Lessee, in its sole discretion,
determines that such Equipment is satisfactory, and evidence said acceptance by executing and delivering to Lessor an acceptance
certificate in form and substance acceptable to Lessor. After it has been installed, the Equipment will not be moved from the
location specified in the applicable Schedule, or if rolling stock, its permanent base will not be changed, without Lessor's consent,
which consent will not be unreasonably withheld. If Lessor, in its discretion, pays any tax, fee, charge or other amount described
in this paragraph, Lessee shall reimburse Lessor therefor on demand, together with Lessor's administrative and other costs of
paying and invoicing such amounts and, if Lessee fails to pay Lessor any such amount within ten (10) days of such demand,
Lessee shall pay interest thereon until paid at the rate of 18Yo per annum or the maximum rate allowable by law, whichever is less.
Section 5.02. Enjoyment of Equipment. Lessor hereby covenants to provide Lessee with quiet use and enjoyment of the
Equipment during the Lease Term, and Lessee will peaceably and quietly have and hold and enjoy the Equipment during the
Lease Term, without suit, trouble or hindrance from Lessor, except as otherwise expressly set forth in this Agreement.
Section 5.03. Right of Inspection. Lessor will have the right at all reasonable times during regular business hours to enter
into and upon the property ofLessee for the purpose ofinspecting the Equipment.
Section 5.04. Use of the Equipment. Lessee will not install, use, operate or maintain the Equipment improperly, carelessly,
in violation of any applicable law or in a manner contrary to that contemplated by this Agreement. Lessee will obtain all permits
and licenses, if any, necessary for the installation and operation of the Equipment. In addition, Lessee agrees to comply in all
respects (including, without limitation, with respect to the use, maintenance and operation of each item of the Equipment) with all
applicable laws, regulations and rulings of any legislative, executive, administrative or judicial body; provided, however, that
Lessee may contest in good faith the validity or application of any such law, regulation or ruling in any reasonable manner that
does not, in the opinion ofLessor, adversely affect the interest ofLessor in and to the Equipment or its interest or rights under this
Agreement.
Section 5.05. Maintenance of f,quipment; Alterations. Lessee agrees that it will, at Lessee's own cost and expense,
maintain, preserve and keep the Equipment in good repair, working order and condition. Lessor will have no responsibility to
maintain, repair or make improvements or additions to the Equipment. If any item of Equipment is such as is customarily covered
by a maintenance contract, Lessee will enter into a maintenance contract for that Equipment with the applicable Vendor. Lessee
will not make any alterations, additions or improvements to the Equipment without Lessor's prior written consent unless such
alterations, additions or improvements may be readily removed without damage to the Equipment.
ARTICLE VI
TITLE TO EQUIPMENT; SECURITY INTEREST
Section 6.01. Title to the Equipment. During the Lease Term, title to the Equipment and any and all additions, repairs,
replacements or modifications will vest in Lessee, subject to the rights of Lessor under this Agreement; provided that title to the
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Equipment that is subject to any Lease will thereafter immediately and without any action by Lessee vest in Lessor, and Lessee
will immediately sunender possession of the Equipment to Lessor upon (a) any termination of that Lease other than termination
pursuant to Section 10.01 (including but not limited to any termination pursuant to Section 3.05) or (b) the occurrence of an Event
of Default with respect to that Lease. It is the intent of the parties hereto that any transfer of title to Lessor pursuant to this Section
will occur automatically without the necessity of any bill of sale, certificate of title or other instrument of conveyance . Lessee
will, nevertheless, execute and deliver any such instruments as Lessor may request to evidence such transfer. Lessee, irrevocably
designates, makes, constitutes and appoints Lessor and its assignee as Lessee's true and lawful attorney (and agent in-fact) with
power, at such time of termination or times thereafter as Lessor in its sole and absolute discretion may determine, in Lessee's or
Lessor's or such assignee's name, to endorse the name of Lessee upon any bill of sale, document, instrument, invoice, freight bill,
bill of lading or similar document relating to the Equipment in order to vest title in Lessor and transfer possession to Lessor.
Section6.02. Securitylnterest. TosecurethepaymentofallofLessee'sobligationsunderthisAgreementandtotheextent
permitted by law, Lessee grants to Lessor a first and prior security interest in the Equipment and on all additions, attachments and
accessions thereto and substitutions therefor and proceeds therefrom. Lessee agrees to execute such additional documents in form
satisfactory to Lessor, that Lessor deems necessary or appropriate to establish and maintain its security interest. Lessee agrees that
financing statements may be filed with respect to the security interest in the Equipment created herein.
As further security therefor, Lessee grants to Lessor a first priority security interest in the cash and negotiable instruments
from time to time comprising each escrow fund established under any related escrow agreement and all proceeds (cash and non-
cash) thereof, and agrees with respect thereto that Lessor shall have all the rights and remedies of a secured party.
Section 6.03. Personal Property. Lessor and Lessee agree that the Equipment is and will remain personal property. The
Equipment will not be deemed to be affixed to or a part of the real estate on which it may be situated, notwithstanding that the
Equipment or any part thereof may be or hereafter become in any manner physically affixed or attached to such real estate or any
building thereon. Upon the request of Lessor, Lessee will, at Lessee's expense, fumish a waiver of any interest in the Equipment
from any party having an interest in any such real estate or building.
ARTICLE VII
ADDITIONAL COVENANTS
Section 7.01. Liens, Taxes, Other Governmental Charges and Utility Charges. Lessee will keep the Equipment free and
clear of all liens, charges and encumbrances, except those created under this Agreement. The parties to this Agreement
contemplate that the Equipment will be used for a governmental or proprietary purpose of Lessee and, therefore, that the
Equipment will be exempt from all property taxes and other similar charges. If the use, possession or acquisition of the
Equipment is found to be subject to taxation in any form, Lessee will pay all taxes and governmental charges lawfully assessed or
levied against or with respect to the Equipment. Lessee will pay all utility and other charges incurred in the use and maintenance
of the Equipment. Lessee will pay such taxes and charges as the same become due; provided that, with respect to any such taxes
and charges that may lawfully be paid in installments over a period of years, Lessee will be obligated to pay only such installments
that accrue during the Lease Term.
Section 7.02. Insurance. At its own expense, Lessee will maintain (a) casualty insurance insuring the Equipment against
loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State and any
other risks reasonably required by Lessor in an amount at least equal to the then applicable Purchase Price ofthe Equipment, and
(b) liability insurance that protects Lessor from liability in all events in form and amount satisfactory to Lessor with a minimum
limit of $1,000,000.00 combined single limit or such greater amount as may be prescribed by any applicable state law specifuing
minimum insurance requirements; provided that, with Lessor's prior written consent, Lessee may self-insure against the risks
described in clauses (a) and (b) of this Section. If required by Lessor, Lessee shall also provide to Lessor payment and
performance bonds naming Lessor as a dual obligee and issued by a surety company rated "A" or better by AM Best. All
insurance proceeds from casualty losses will be payable as hereinafter provided. Lessee will furnish to Lessor certificates
evidencing such coverage throughout the Lease Term.
All such casualty and liability insurance will be with insurers that are acceptable to Lessor, will name Lessor as a loss payee
and additional insured and will contain a provision to the effect that such insurance will not be cancelled or modified materially
without first giving written notice thereof to Lessor at least thirty days in advance of such cancellation or modification. All such
casualty insurance will contain a provision making any losses payable to Lessee and Lessor, as their respective interests may
appear.
Section 7.03. Advances. In the event Lessee fails to maintain the insurance required by this Agreement, pay taxes or charges
required to be paid by it under this Agreement or fails to keep the Equipment in good repair and operating condition, Lessor may
(but will be under no obligation to) purchase the required policies of insurance and pay the cost of the premiums thereof pay such
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taxes and charges and make such Equipment repairs or replacements as are necessary and pay the cost thereof. All amounts so
advanced by Lessor will become additional rent for the then current Original Term or Renewal Term. Lessee agrees to pay such
amounts with interest thereon from the date paid at the rate of 18% per annum or the maximum permitted by law, whichever is
less.
Section 7.04. Financial Information. Lessee will annually provide Lessor with current financial statements, budgets and
proofs of appropriation for the ensuing fiscal year and such other financial information relating to the ability of Lessee to continue
this Agreement as may be requested by Lessor.
Section 7.05. Release and Indemnification. Lessee assumes all risks and liabilities, whether or not covered by insurance,
for loss or damage to the Equipment and for injury to or death of any person or damage to any property whether such injury or
death be with respect to agents or employees of Lessee or of third parties, and whether such property damage be to Lessee's
property or the property of others which is proximately caused by the negligent conduct of Lessee, its officers, employees or
agents. To the extent permitted by law, Lessee will indemnifu, protect and hold harmless Lessor from and against any and all
liability, obligations, losses, claims and damages whatsoever, regardless of cause thereof, and expenses in connection therewith
(including, without limitation, counsel fees and expenses and any federal income tax and interest and penalties connected
therewith imposed on interest received) arising out of or as the result of (a) the entering into this Agreement, (b) the ownership of
any item of Equipment, (c) the manufacfuring, ordering, acquisition, maintenance, use, operation, condition, purchase, delivery,
rejection, storage or return of any item ofthe Equipment, (d) any accident in connection with the operation, maintenance, use,
condition, possession, storage or return ofany item ofEquipment resulting in damage to property or injury or death to any person
or (e) the breach of any covenant herein or any material misrepresentation contained herein. The indemnification arising under
this paragraph will continue in full force and effect notwithstanding the full payment of all obligations under this Agreement or the
termination of any Lease Term for any reason.
ARTICLE VIII
DAMAGE, DESTRUCTION AND CONDEMNATION;
USE OF NET PROCEEDS
Section 8.01. Risk of Loss. Lessee assumes, ftom and including the Commencement Date, all risk of loss of or damage to
the Equipment from any cause whatsoever. No such loss of or damage to the Equipment nor defect therein nor unfitness or
obsolescence thereof will relieve Lessee of the obligation to make Rental Payments or to perform any other obligation under this
Agreement.
Section 8.02. Damage, Destruction and Condemnation; Use of Net Proceeds. If (a) the Equipment or any portion thereof
is destroyed, in whole or in part, or is damaged by fire or other casualty, or (b) title to, or the temporary use of, the Equipment or
any part thereofor the interest ofLessee or Lessor in the Equipment or any part thereofwill be taken under the exercise ofthe
power of eminent domain by any governmental body or by any person, firm or corporation acting under governmental authority,
Lessee and Lessor will cause the Net Proceeds of any insurance claim or condemnation award to be applied to the prompt
replacement, repair, restoration, modification or improvement ofthe Equipment, unless Lessee has exercised its option to purchase
the Equipment pursuant to Section 10.01. Any balance of the Net Proceeds remaining after such work has been completed will be
paid to Lessee.
Section 8.03. Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in full the cost of any repair,
restorationo modification or improvement referred to in Section 8.02, Lessee will either (a) complete such replacement, repair,
restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds, or (b) puichase
Lessor'sinterestintheEquipmentpursuanttoSectionl0.0l. IfLesseewill makeanypaymentspursuanttothisSection,Lessee
will not be entitled to any reimbursement therefor from Lessor nor will Lessee be entitled to any diminution of the amounts
payable under Article IV.
ARTICLE IX
WARRANTIES
Section 9.01. Disclaimer of Warranties. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR
IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR PARTICULAR ASE
OR PUWOSE OF THE EQUIPMENT OR AGAINST INFRINGEMENT, OR ANY OTHER WARRANTY OR
REPRESENTATION WITH RESPECT THERETO. LESSEE HEREBY WAIVES ANY CLAIM IT MIGHT HAVE
AGAINST LESSOR FOR ANY LOSS, DAMAGE OR EXPENSE CAASED BY THE EQUIPMENT OR BY ANY DEFECT
THEREIN, OR BY THE USE OR MAINTENANCE OF, OR SERVICING OR ADJUSTMENT TO, THE EQUIPMENT
AND, AS TO LESSOR, LEASES THE EQUIPMENT AS-IS AND WITH ALL FAULTS AND WITHOUT WARMNTY OF
ANY KIND. IN NO EVENT SHALL LESSOR BE LIABLE FOR ANY ACTUAL, INCIDENTAL, INDIRECT, SPECIAL OR
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CONSEQUENTIAL DAMAGE IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE
EXISTENCE, FARNISHING, FUNCTIONING OR LESSEE'S U,S' OR MAINTENANCE OF ANY EQUIPMENT OR
SERVICES PROVIDED FOR IN THIS AGREEMENT.
Section 9.02. Vendorts Warranties. Lessee acknowledges that Lessor is not a dealer or manufacturer of Equipment of any
kind and is not the seller of the Equipment, and that each unit of Equipment is of a type, size, design and capacity selected solely
by Lessee. Lessee also acknowledges that Lessor finances the Equipment without any obligation to install, test, erect, service or
maintain the Equipment. The only warranty applicable to any Equipment is the Vendor's warranty and Lessor makes no warranty
of any kind to Lessee. Lessee may have rights under the contraat evidencing the purchase of the Equipment; Lessee is advised to
contact the applicable Vendor for a description of any such rights. To the extent such warranties are transferable and so long as an
Event of Default has not occurred and is not continuing hereunder, Lessor hereby assigns to Lessee during the Lease Term all
warranties running from Vendor to Lessor and during such time Lessee may assert from time to time whatever claims and rights
(including without limitation wananties) related to the Equipment that Lessor may have against the Vendor. Lessee's sole remedy
for the breach of any such warranty, indemnification or representation will be against the Vendor, and not against Lessor. Any
such matter will not have any effect whatsoever on the rights and obligations of Lessor with respect to this Agreement, including
the right to receive full and timely payments hereunder. Lessee expressly acknowledges that Lessor makes, and has made, no
representations or warranties whatsoever as to the existence or availability of such warranties by the Vendor. Lessee
acknowledges that each Lease constitutes a "finance lease" under UCC Article 2A in all respects, and that Lessor's sole
obligations to Lessee under each Lease is not to interfere with Lessee's quiet enjoyment of the Equipment so long as Lessee is not
in default thereunder. Subject to the foregoing sentence and to the extent permitted by law, Lessee unconditionally and irrevocably
waives any and all rights and remedies against Lessor at law or in equity (including, without limitation, any rights and remedies
granted Lessee under Article 24. of the Uniform Commercial Code and/or the right to reject any Equipment or repudiate each
Lease). Lessee agrees that Lessor assumes no liability for and makes no representation as to the treatment by Lessee of each
Lease, the Equipment or the Rental Payments for financial statement or tax purposes.
ARTICLE X
OPTION TO PURCHASE
Section 10.01. Purchase Option. Provided no Event of Default has occurred hereunder, Lessee will have the option to
purchase the Equipment listed in any Schedule, in whole, but not in part, upon giving written notice to Lessor at least 30 days
before the date of purchase, at the following times and upon the following terms:
(a) On any Rental Payment Date, upon payment in full of the Rental Payment then due hereunder plus all other
amounts due under that Lease plus the then-applicable Purchase Price set forth on that Schedule to Lessor, if
applicable; or
(b) on the date the last Rental Payment is due (assuming the applicable Lease is renewed for the Maximum Lease
Term), if the applicable Lease is still in effect on that day, upon payment in full of all Rental Payments and all
other amounts then due and the payment of One Dollar to Lessor; or
(c) In the event of substantial damage to or destruction or condemnation (other than by Lessee or any entity
controlled by or otherwise affiliated with Lessee) of substantially all of the Equipment listed in that Schedule, on the day
Lessee specifies as the purchase date in Lessee's notice to Lessor ofits exercise ofthe purchase option, upon payment in
full of the Rental Payment and all other amounts then due under that Lease plus (i) the Purchase Price set forth on that
Schedule for such purchase date if such purchase date is a Rental Payment Date or the Purchase Price for the immediately
preceding Rental Payment Date if such purchase date is not a Rental Payment Date, and (ii) if such day is not a Rental
Payment Date, an amount equal to the portion of the interest component of the Rental Payment scheduled to come due
under that Schedule on the following Rental Payment Date accrued from the immediately preceding Rental Payment Date
to such purchase date, computed on the basis ofa 360-day year oftwelve 30-day months.
Upon the exercise of the option to purchase set forth above, title to the Equipment so purchased will be vested in Lessee on an as-
is, where-is basis, free and clear ofany claim by or through Lessor.
Section 10.02. Determination of Fair Purchase Price. Lessee and Lessor hereby agree and determine that the Rental
Payments under each Schedule during the Original Term and each Renewal Term represent the fair value of the use of the
Equipment listed in that Schedule and that the amount required to exercise Lessee's option to purchase the Equipment listed in that
Schedule pursuant to Section 10.01 represents, as ofthe end ofthe Original Term or any Renewal Term under that Schedule, the
fair purchase price of the Equipment listed in that Schedule. Lessee hereby determines that the Rental Payments do not exceed a
reasonable amount so as to place Lessee under a practical economic compulsion to renew the term of any Schedule or to exercise
its option to purchase the Equipment under any Schedule. In making such determinations, Lessee and Lessor have given
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consideration to (a) the costs of the Equipment, (b) the uses and purposes for which the Equipment will be employed by Lessee,
(c) the benefit to Lessee by reason of the acquisition and installation of the Equipment and the use of the Equipment pursuant to
the terms and provisions of this Agreement, and (d)Lessee's option to purchase the Equipment. Lessee hereby determines and
declares that the acquisition and installation of the Equipment and the leasing of the Equipment pursuant to this Agreement will
result in equipment of comparable quality and meeting the same requirements and standards as would be necessary if the
acquisition and installation of the Equipment were performed by Lessee other than pursuant to this Agreement. Lessee hereby
determines and declares that the Maximum Lease Term does not exceed the useful life of the Equipment.
ARTICLE XI
ASSIGNMENT AND SUBLEASING
Section 11.01. Assignment by Lessor. Lessor's interest in, to and under this Agreement, each Lease and the Equipment may
be assigned and reassigned in whole or in part to one or more assignees by Lessor without the necessity ofobtaining the consent of
Lessee; provided that any assignment will not be effective against Lessee until Lessee has received written notice of the name and
address of the assignee. Lessee will retain all such notices as a register of all assignees and will make all payments to the assignee
or assignees designated in such register. Lessee agrees to execute all documents, including notices of assignment and chattel
mortgages or financing statements that may be reasonably requested by Lessor or any assignee to protect its interest in the
Equipment and in this Agreement and each Lease and agrees to the filing of financing statements with respect to the Equipment
and this Agreement and each Lease. Lessee will not have the right to and will not assert against any assignee any claim,
counterclaim, defense, set-offor other right Lessee may have against Lessor.
Section 11.02. Assignment and Subleasing by Lessee. None of Lessee's right, title and interest in, to and under this
Agreement, any Lease or the Equipment may be assigned or encumbered by Lessee for any reason, except that Lessee may
sublease all or part of the Equipment if Lessee obtains the prior written consent of Lessor and an opinion of regionally recognized
"Red Book"-listed counsel in the area of tax-exempt municipal obligations satisfactory to Lessor that such subleasing will not
adversely affect the exclusion ofthe interest components ofthe Rental Payments under the applicable Lease from gross income for
federal income tax purposes. Any such sublease of all or part of the Equipment will be subject to this Agreement and the rights of
Lessor in, to and under this Agreement, the applicable Lease and the Equipment.
ARTICLE XII
EVENTS OF DEFAULT AND REMEDIES
Section 12.01. Events of Default Defined. Subject to the provisions of Section 3.05, any of the following will be "Events of
Defaulf' under any Lease:
(a) Failure by Lessee to pay any Rental Payment or other payment required to be paid under that Lease at the time
specified in that Lease;
(b) Failure by Lessee to observe and perform any covenant, condition or agreement on its part to be observed or
performed under that Lease, other than as referred to in Section 12.01(a), for a period of20 days after written notice,
specifuing such failure and requesting that it be remedied, is given to Lessee by Lessor, unless Lessor will agree in
writing to an extension of such time priorto its expiration; provided, however, if the failure stated in the notice cannot be
corrected within the applicable period, Lessor will not unreasonably withhold its consent to an extension of such time if
corrective action is instituted by Lessee within the applicable period and diligently pursued until the default is corrected;
(c) Any statement, representation or warranty made by Lessee in or pursuant to that Lease or its execution, delivery
or performance will prove to have been false, incorrect, misleading or breached in any material respect on the date when
made;
(d) Any provision of that Lease will at any time for any reason cease to be valid and binding on Lessee, or will be
declared to be null and void, or the validity or enforceability thereofwill be contested by Lessee or any governmental
agency or authority if the loss of such provision would materially adversely affect the rights or security of Lessor, or
Lessee will deny that it has any further liability or obligation under that Lease;
(e) Lessee will (i) apply for or consent to the appointment of a receiver, trustee, custodian or liquidator of Lessee, or
of all or a substantial part of the assets of Lessee, (ii) be unable, fail or admit in writing its inability generally to pay its
debts as they become due, (iii) make a general assignment for the benefit ofcreditors, (iv) have an order for reliefentered
against it under applicable federal bankruptcy law, or (v) file a voluntary petition in bankuptcy or a petition or an answer
seeking reorganization or an ilrangement with creditors or taking advantage of any insolvency law or any answer
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admitting the material allegations of a petition filed against Lessee in any bankruptcy, reorganization or insolvency
proceeding; or
(0 en order, judgment or decree will be entered by any court of competent jurisdiction, approving a petition or
appointing a receiver, trustee, custodian or liquidator of Lessee or of all or a substantial part of the assets of Lessee, in
each case without its application, approval or consent, and such order, judgment or decree will continue unstayed and in
effect for any period of30 consecutive days.
Section 12.02. Remedies on Default. Whenever any Event of Default under any Lease exists, Lessor will have the right, at
its sole option without any further demand or notice, to take one or any combination of the following remedial steps:
(a) By written notice to Lessee, Lessor may declare all Rental Payments and other amounts payable by Lessee
under that Lease to the end ofthe then current Original Term or Renewal Term to be due;
(b) With or without terminating that Lease, Lessor may enter the premises where the Equipment that is subject to
that Lease is located and retake possession ofthat Equipment or require Lessee at Lessee's expense to promptly return
any or all ofthat Equipment to the possession ofLessor at a place specified by Lessor, and sell or lease that Equipment
or, for the account of Lessee, sublease that Equipment, holding Lessee liable for the difference between (i) the Rental
Payments and other amounts payable by Lessee under that Lease plus the applicable Purchase Price, and (ii) the net
proceeds ofany such sale, lease or sublease (after deducting all expenses ofLessor in exercising its remedies under this
Agreement, including without limitation, all expenses of taking possession, storing, reconditioning and selling or leasing
that Equipment and all brokerage, auctioneers' and attorneys' fees); provided that the amount ofLessee's liability under
this subparagraph (b) shall not exceed the Rental Payments and other amounts otherwise due under that Lease plus the
remaining Rental Payments and other amounts payable by Lessee to the end of the then cunent Original Term or
Renewal Term; and
(c) Lessor may take whatever other action at law or in equity may appear necessary or desirable to enforce its rights
under this Agreement as the owner of the Equipment that is subject to that Lease.
Any net proceeds from the exercise of any remedy hereunder (after deducting all expenses of Lessor in exercising such
remedies including without limitation all expenses of taking possession, storing, reconditioning and selling or leasing Equipment
and all brokerage, auctioneer's or attorneys' fees) shall be applied as follows:
(D If such remedy is exercised solely with respect to a single Lease, Equipment subject to that Lease or rights under this
Agreement related to that Lease, then to amounts due pursuant to that Lease and other amounts related to that Lease or
that Equipment; or
(ii) If such remedy is exercised with respect to more than one Lease, Equipment subject to more than one Lease or rights
under this Agreement related to more than one Lease, then to amounts due pursuant to those Leases pro rata.
In addition, Lessee will remain liable for all covenants and indemnities under this Agreement and for all legal fees and other
costs and expenses, including court costs, incurred by Lessor with respect to the enforcement ofany ofthe remedies listed above
or any other remedy available to Lessor.
Section 12.03. No Remedy Exclusive. No remedy herein confened upon or reserved to Lessor is intended to be exclusive
and every such remedy will be cumulative and will be in addition to every other remedy given under this Agreement or now or
hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default will impair
any such right or power or will be construed to be a waiver thereof, but any such right and power may be exercised from time to
time and as often as may be deemed expedient. In order to entitle Lessor to exercise any remedy reserved to it in this Agreement it
will not be necessary to give any notice, other than such notice as may be required in this Agreement.
ARTICLE XIII
MISCELLANEOUS
Section 13.01. Notices. Any written notice hereunder to Lessee or Lessor shall be deemed to have been given when
delivered personally, deposited with a nationally recognized overnight courier (with all fees pre-paid), delivered via facsimile or e-
mail (with confirmation of transmission), or deposited in the United States mail, certified or registered mail, addressed to recipient
at its address set forth above or at such other address as may be substituted therefor by notice given pursuant to the terms hereof.
Lessee hereby agrees that Lessor, including its vendors, service providers, partners, afliliates, successors and assigns, may contact
Lessee at any telephone number provided to Lessor, by placing voice telephone calls (including the use of automatic telephone
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dialing systems or prerecorded voice messaging) or, in the case of wireless telephones or other wireless devices, by sending email
or automated (SMS) text messages.
Section 13.02. Binding Effect. This Agreement will inure to the benefit of and will be binding upon Lessor and Lessee and
their respective successors and assigns.
Section 13.03. Severability. In the event any provision ofthis Agreement will be held invalid or unenforceable by any court
ofcompetentjurisdiction, such holding will not invalidate or render unenforceable any other provision hereof.
Section 13.04. Entire Agreement. This Agreement constitutes the entire agreement between Lessor and Lessee.
Section 13.05. Amendments. This Agreement may be amended, changed or modified in any manner by written agreement
of Lessor and Lessee. Any waiver of any provision of this Agreement or any right or remedy hereunder must be affirmatively and
expressly made in writing and will not be implied from inaction, course of dealing or otherwise.
Section 13.06. Execution in Counterparts. This Agreement may be simultaneously executed in several counterparts, each
of which will be an original and all of which will constitute but one and the same instrument. There shall be only one original
counterpart of this Agreement and it shall bear Lessor's original signature and be marked "Original." To the extent that this
Agreement constitutes chattel paper (as that term is defined by Article 24, of the Uniform Commercial Code), a security or
ownership interest intended to be created through the transfer and possession of this Agreement can be done only by the
transfer ofsuch original bearing Lessor's original signature.
Section 13.07. Captions. The captions or headings in this Agreement are for convenience only and in no way define, limit or
describe the scope or intent of any provisions or sections of this Agreement.
Section 13.08. Applicable Law; Jury Trial. This Agreement will be govemed by and conshued in accordance with federal
law and, to the extent not preempted by federal law, the laws of the State. TO THE EXTENT PERMITTED BY LAW, THE
PARTIES HERETO, AFTER CONSULTING (OR HAVING HAD AN OPPORTUNITY TO CONSULT) WITH COUNSEL
OF THEIR CHOICE, KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION
ORPROCEEDING RELATING TO THIS AGREEMENT.
Section 13.09. Electronic Transactions. Lessor, in its sole discretion, may permit Lessee to electronically copy and/or
deliver by telecopier or other electronic means of transmission an executed counterpart of this Agreement, and any document,
schedule, amendment, addendum, supplement or agreement related hereto or executed in connection herewith. By so copying
and/or delivering any such document, Lessee hereby represents and agrees (a) that such transmission constitutes due delivery
ofsuch executed document, (b) that the counterpart ofsuch executed document as printed by the recipient, including Lessee's
signature thereon, shall be deemed to constitute an original and shall be admissible in any court or other legal proceeding as an
original, and (c) to deliver to Lessor, promptly on request, such document bearing Lessee's original "wet ink" signature;
provided that neither delivery nor failure to deliver the document bearing Lessee's original "wet ink" signature shall limit or
modify the representations and agreements set forth in clauses (a) and (b).
IN WITNESS WHEREOF, Lessor and Lessee have caused this Agreement to be executed in their corporate names by their
duly authorized oflicers as ofthe date first above written.
c4&
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rqr!aaql
I
City of Kent. Washineton
Name of Lessee
Signature
Print Name and
fJld
DF
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IJaa
14J
TCF Equipment Finance. a division of TCF National Bank
Name of Lessor
Rw'
Signature
Print Name and Title:
Mmi_Lease_M6ter_Le6e ver. 05. I 6. I 7 3 53877 61 5 /2017 | | :5 6 Alt4 Page 12ofl3
tad.L^.-iv &.v<
=/,t-E I!t!-Jd
'OU8aB
I, the undersigned, do hereby certifu that the officer of Lessee who executed the foregoing Agreement on behalf of Lessee and
whose genuine signature appears thereon, (i) is the duly qualified and acting officer of Lessee as stated beneath his or her
signature, (ii) is duly authorized to execute and deliver the foregoing Agreement on behalf of Lessee, and (iii) that the fiscal
year oflessee ends on the last day ofDecember.
Signature Title:Date:
THE ABOVE CERTIFICATION MUST BE SIGNED BY THE CLERK OR SECRETARY OF LESSEE, AND TIIE CLERK
OR SECRETARY MUST BE A DIFFERENT INDIVIDUAL THAN THE OFFICER SIGNING IN THE ''LESSEE
SIGNATURE'' BOX.
Mui Lease M6ter Le6e ver. 05. 16.17 353877 6/512017 | lt56 lM Page 13 of 13
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SCHEDULE OF EQUTPMENT NO.008-0742s93-300 TO
MASTER EQUIPMENT LEASE PURCHASE AGREEMENT NO. 742593L
1. Defined Terms. All terms used herein have the meanings ascribed to them in the Agreement.
2. Equipment. The Equipment included under this Schedule is comprised of the items described in the Equipment
Description attached hereto as Attachrnent 1, together with all replacements, substitutions, repairs, restorations, modifications,
attachments, accessions, additions and improvements thereof or thereto.
3. Payment Schedule. The Rental Payments and Purchase Prices under this Schedule are set forth in the Payment
Schedule attached as Attachment 2 hereto.
4. Representations, Warranties and Covenants of Lessee.
(a) Lessee hereby represents, warrants and covenants that its representations, wananties and covenants set forth in the
Agreement are true and correct as though made on the date of commencement of Rental Payments on this Schedule.
(b) Lessee has experienced no material change in its financial condition or in the revenues expected to be utilized to meet
Rental Payments due hereunder since the date of the most recent audited financial statements reviewed by Lessor.
(c) Lessee understands and acknowledges that Lessor has not acted and will not act as a fiduciary for Lessee or as Lessee's
agent or municipal advisor; Lessor has not and will not provide financial, legal, tax, accounting or other advice to Lessee or to any
financial advisor or placement agent engaged by Lessee with respect to this Schedule. Lessee, its financial advisor, placement
agent or municipal advisor, ifany, shall each seek and obtain its own financial, legal, tax, accounting and other advice with respect
to this Schedule from its own advisors (including as it relates to structure, timing, terms and similar matters).
5. Certification as to Arbitrage and Tax Covenants. Lessee hereby represents as follows:
(a) The estimated total costs of the Equipment listed in this Schedule, together with any costs of entering into this Schedule
that are expected to be financed hereunder, will not be less than the total Principal Portion of the Rental Payments listed in this
Schedule.
(b) The Equipment listed in this Schedule has been ordered or is expected to be ordered within six months of the
commensement of this Schedule, and the Equipment is expected to be delivered and installed, and the Vendor fully paid, within
eighteen months from the commencement of this Schedule.
(c) Lessee has not created or established, and does not expect to create or establish, any sinking fund or other similar fund (i)
that is reasonably expected to be used to pay the Rental Payments listed in this Schedule, or (ii) that may be used solely to prevent
a default in the payment of the Rental Payments listed in this Schedule.
(d) The Equipment listed in this Schedule has not been and is not expected to be sold or otherwise disposed of by Lessee,
either in whole or in major part, prior to the last maturity of the Rental Payments listed in this Schedule.
(e) To the best ofour knowledge, information and belief, the above expectations are reasonable.
(f) Lessee has not been notified of any listing or proposed listing of it by the Internal Revenue Service as an issuer whose
arbitrage certificates may not be relied upon.
(g) Lessee will comply with all applicable provisions of the Internal Revenue Code of 1986, as amended, including without
limitation Sections 103, 141 and 148 thereof, and the applicable regulations of the Treasury Department to maintain the exclusion
of the interest components of Rental Payments from gross income for purposes of federal income taxation.
6. The Agreement. This Schedule is hereby made as part of the Agreement, and Lessor and Lessee hereby ratifu and
confirm the Agreement. The terms and provisions of the Agreement (other than to the extent that they relate solely to other
Schedules or listed on other Schedules are reference and made a hereof.
The "Agreement": Schedule of EquipmentNo. 008-0742593-300 dated May 17,2018 (the "Schedule"), to Master Equipment
Lease Purchase Agreement No.742593L dated as of May 17,2018
3'Lesseett
City of Kent, Washington, 220 Fourth Ave. S, Kent, WA 98032
ttLessort'
TCF Equipment Finance, a division of TCF National Bank, llll West San Marnan Dr, Suite A2 West, Waterloo, IA 50701-
8926
s.l&
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Signature
Print Name and Title:-
Rw'
City of Kent. Washineton
Name of Lessee rr.l&
F
4
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TCF Equipment Finance. a division of TCF National Bank
Name of Lessor
By:
Signature
Print Name and
Mui Lease Mdter_Schedule v.09.21.2017 3538'17 5117120187:06 AM
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e.quipment
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ATTACHMENT1 TO
SCHEDULE OF EQUTPMENT NO.008-0742593-300 TO
MASTER EQUIPMENT LEASE PURCHASE AGREEMENT NO. 742593L
EQUIPMENTDESCRIPTION
Descrintion/Serial No./Model No.Location Total Cost
(2) Toro Reelmaster 3555-D, (2) Toro
Groundsmaster 4500-D, (l) Toro Multi Pro 1750, (4)
Toro Greensmaster 3320 Triflex with additional
accessories, (l) Toro Reelmaster 3100-D, (l) Toro
Groundsmaster 3500-D, (l) Toro ProPass 200
Wireless, (1) Toro Sand Pro 5040, (l) Toro ProCore
648, (l) Toro Pro Force Debris Blower, (1) True
Surface GCC Frames, (1) True Surface GCC Vacu-
Cutter Inserts, (l) Salsco HP l1 Roller together with
all attachments and accessories thereto
2019 W Meeker St, Kent, WA
98032
$639,447.28
This Equipment Description shall be deemed to be supplemented by the descriptions of the Equipment included in the certificates
ofacceptance and payment requests submitted pursuant to the escrow agreement, ifany, entered into among Lessor, Lessee and
the escrow agent named therein, which descriptions shall be deemed to be incorporated herein.
Lessee: City of Kent, Washington Dana Ralph, MayorBy:
Mui Lease M6ter Schedule v.09.21.2017 353877 5|17120187:06 lnvl
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-eguipmenttrnance
ATTACHMENT2TO
SCHEDULE OF EQUIPMENT NO. OO8-0742593-3OO TO
MASTER EQUIPMENT LEASE PURCHASE AGREEMENT NO.742593L
PAYMENTSCHEDULE
Rental payments will be made in accordance with Section 4.01 and this Payment Schedule.
LESSOR: TCF Equipment Finance, a division of TCF National Bank
LESSEE: City of Kent, Washington
COMMENCEMENT DATE*:
INTEREST RATE: 5.05%
PAYMENT FREQUENCY: Monthly
The first Rental Payment shall be due in advance on the Commencement Date, and subsequent Rental Payments shall be due
monthly on the same day of each month thereafter until paid in full.
Payment
Number
Rental
Pavment
Interest
Portion
Principal
Portion
Purchase
Price
I
2
3
4
5
6
7
8
9
10
1l
12
l3
l4
l5
t6
17
18
19
20
21
22
23
24
25
26
27
28
29
30
3l
32
33
34
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
. 0.00
2,627.72
2,577.04
2,526.14
2,475.03
2,423.71
2,372.17
2,320.41
2,268.44
2,216.24
2,163.83
2,111.20
2,058.34
2,005.27
1,951.97
1,898.44
1,844.69
1,790.72
1,736.52
1,682.09
1,627.43
1,572.54
1,517.42
1,462.06
1,406.48
1,350.66
1,294.61
1,238.32
1,181.79
I,125.03
I,068.03
1,010.79
9s3.30
895.58
14,677.93
12,050.21
12,1 00.89
12,151.79
12,202.90
12,254.22
12,305.76
12,357.52
12,409.49
12,461.69
12,514.10
12,566.73
12,619.59
12,672.66
12,725.96
12,779.49
12,833.24
12,887.21
12,941.41
12,995.84
13,050.50
13,105.39
13,160.51
13,215.87
13,271.45
13,327.27
13,383.32
t3,439.61
13,496.14
13,552.90
13,609.90
13,667.14
13,724.63
13,782.35
639,447.28
624,769.35
612,719.14
600,618.25
588,466.46
576,263.56
564,009.34
55 1 ,703.5 8
539,346.06
526,936.57
514,474.88
501,960.78
489,394.05
476,774.46
464, 10 I .80
451,375.84
438,596.35
425,763.11
412,875.90
399,934.49
386,938.65
373,888.1 5
360,782.76
347,622.25
334,406.38
321,134.93
307,807.66
294,424.34
280,984.73
267,488.59
2s3,93s.69
240,325.79
226,658.65
212,934.02
199,151.67
Mwi Lease M6ter Schedule v.09.21.2OI7 3fa17 5ll7/2018 7:06 AM
Grand Totals
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
14,677.93
704,540.64
13,840.32
r 3,898.53
13,956.98
14,015.69
14,074.63
14,133.83
14,193.28
14,252.97
14,312.92
14,373.12
14,433.57
14,494.28
14,555.24
14,616.31
639,447.28
35
36
37
38
39
40
41
42
43
44
45
46
47
48
837.61
779.40
720.9s
662.24
603.30
544.10
484.65
424.96
365.01
304.81
244.36
183.65
122.69
61.62
65,093.36
185,31 I .35
171,412.82
157,455.84
143,440.15
129,365.52
115,231.69
101,03 8.41
86,785.44
72,472.52
58,099.40
43,665.83
29,171.55
14,616.31
0.00
Lessee: City of Kent, Washington By Dana Ralph, Mayor
Lessee hereby authorizes Lessor to fill in the Commencement Date based on the earlier of the date that Lessor disburses
funds to the Vendor of the Equipment following receipt of Lessee's executed acceptance certificate, or the date on which
Lessor deposits funds for the purchase of the Equipment with an escrow agent.
{<
4Mui Lease,M6ter Schedule v.09.21.20I7 353877 5/l7120187:06 lM
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LESSEE'S CLOSING CERTIFICATE TO
SCHEDULE OF EQUTPMENT NO.008-0742s93-300 TO
MASTER EQUIPMENT LEASE PURCHASE AGREEMENT NO.742593L
I, the undersigned, the duly appointed, qualified and acting (Clerk or Secretary) of the
above-captioned Lessee, do hereby certifu as of 20 , as follows
(l) Lessee did, at a meeting of the goveming body of Lessee held 20-, by motion duly
made, seconded and carried, in accordance with all requirements oflaw, approve and authorize the execution and delivery of
the above-referenced Agreement and the related escrow agreement, if any, on its behalf by the following named representatives
of Lessee:
Title Printed Name Sisnature
(2) The above-named representatives of Lessee held at the time of such authorization and holds at the present
time the office designated above and the signature set forth opposite his or her name is the true and correct specimen of his or
her genuine signature.
(3) The meeting of the governing body of Lessee at which the Agreement was approved and authorized to be
executed was duly called, regularly convened and attended throughout by the requisite majority of the members thereof or by
other appropriate official approval and that the action approving the Agreement and authorizing the execution thereofhas not
been altered or rescinded.
(4) No event or condition that constitutes, or with the giving of notice or the lapse of time or both would
constitute, an Event of Default (as such term is defined in the Agreement) exists at the date hereof.
(5) All insurance required in accordance with the Agreement is currently maintained by Lessee.
(6) Lessee has, in accordance with the requirements oflaw, fully budgeted and appropriated sufficient funds for
the current fiscal year to make the Rental Payments scheduled to come due during the Original Term and to meet its other
obligations for the Original Term (as such terms are defined in the Agreement), and such funds have not been expended for
other purposes.
(7) There is no proceeding pending or threatened in any court or before any governmental authority or arbitration
board or tribunal that, if adversely determined, would adversely affect the transactions contemplated by the Agreement or the
interest of Lessor or its assigns, as the case may be, in the Equipment.
(8) The Equipment has not been the subject ofa referendum that failed to receive the approval ofthe voters of
Lessee within the preceding four years.
(9) This Agreement is hereby NOT designated as a qualified tax-exempt obligation" as defined in Section
265(bX3XB) ofthe Internal Revenue Code.
( I 0) The Equipment is located at the following address: 20 l9 W Meeker St, Kent, WA 98032
(1 l) The Equipment is located in the following county:
Mmi_Lease,Mdter Schedule v.09.21.2017 353877 5ll7l2Dl8 7:06 AM
The 66Agreement": Schedule of EquipmentNo. 008-0742593-300 dated May 17,2018 (the "schedule"), to Master Equipment
Lease Purchase Agreement No. 7 42593L dated as of May 17 ,2018
ttLesseet'
City of Kent, Washington, 220 Fourth Ave. S, Kent, WA 98032
ttLessor"
TCF Equipment Finance, a division of TCF National Bank, 1111 West San Marnan Dr, Suite A.2 West, Waterloo, IA 50701-
8926
(12) The correct billing address for Rental Payments is as follows
Street Address:
Phone:
Fax:
Email;
Attention:
(13) The contact information of person responsible for preparing and filing Lessee's Form 8038-G or 8038-GC is
as follows:
Name:
Street Address
Phone;
Fax:
Email:
(14) Lessee's Tax ID number is: 91-6001254.
IN WITNESS WHEREOF, I hereunto set my hand and the seal of the governing body of Lessee the day and year
first above written.
Signature ofClerk or Secretary
Printed Name of Clerk or Secretary
Mmi Lease Mdter Schedule v09.21.2017 353877 5lI7 12018 7106 AM
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LESSEE'S PAYMENT INSTRUCTIONS
AND ACCEPTANCE CERTIF'ICATE TO
SCHEDULE OF EQUIPMENT NO.008-0742593-300 TO
MASTER EQUIPMf,NT LEASE PURCHASE AGREEMENT NO.742593L
Ladies and Gentlemen:
In accordance with the Agreement, the undersigned Lessee hereby certifies and represents to, and agrees with, Lessor as
follows:
(l) Lessee has reviewed and approved the invoice(s) referenced in the table below. Pursuant to the
Agreement, Lessee hereby irrevocably authorizes and requests Lessor to make payment ofthe invoice(s) to the vendor(s),
licensor(s) or designee(s) of licensor(s) of the Equipment. Lessee agrees that all terms and conditions of the Lease are in full
force and effect and Lessee shall make all payments when and as required thereby.
Turf Star Inc/Western Equipment Distributor (T)Toro Turf Package $639,447.28
(2) All of the Equipment has been, or if this Lease includes an escrow agreement, all of the Equipment will
be, delivered, installed and accepted, and is located at the following address: 2019W Meeker St, Kent, WA 98032.
(3) Lessee has conducted such inspection and/or testing of the Equipment as it deems necessary and
appropriate and hereby acknowledges that it accepts the Equipment for all purposes, except that ifthis Lease includes an
escrow agreement, Lessee will conduct such inspection and/or testing of the Equipment prior to authorizing disbursement
from the escrow fund for such Equipment.
(4) Lessee is currently maintaining, or ifthis Lease includes an escrow agreement, prior to Lessee's receipt of
any Equipment, Lessee will maintain, the insurance coverage required by Section 7.02 of the Agreement.
(5) No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an Event
of Default (as defined in the Agreement) exists at the date hereof.
(6) We acknowledge that Lessor is neither the vendor nor manufacturer or distributor of the Equipment and
has no control, knowledge or familiarity with the condition, capacity, functioning or other characteristics of the Equipment.
(7) The serial number for each item of Equipment that is set forth in the applicable Schedule is conect.
DATED:
Lessee: City of Kent, Washington
The '(Agreement": Schedule of Equipment No. 008-0742593-300 dated May 17, 2018 (the "Schedule"), to Master Equipment
Lease Purchase Agreement No. 742593L dated as of May 17,2018
ttLessee"
City of Kent, Washington,220 Fourth Ave. S, Kent, WA 98032
toLessortt
TCF Equipment Finance, a division of TCF National Bank, llll West San Maman Dr, Suite A,2 West, Waterloo, IA 50701-
8926
Invoice N Amount
Total .28
Mui Lease Mdtedchedule v.09.21.2017 3 53A77 5ll7l20l8 7:06 AM
By:Dana Ralph, Mayor
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ESSENTIAL USE CERTIFICATE TO
SCHEDULE OF EQUTPMENT NO.008-0742s93-300 TO
MASTER EQUIPMENT LEASE PURCHASE AGREEMENT NO. 742593L
N{ay 17,2018
|',adulyelected,appointed,ordesignatedrepresentativeofCityofKent,Washington
("Lessee'o), am qualified to answer the questions set forth below regarding the Equipment to be acquired by Lessee in connection
with the above-referenced Agreement:
I . Ilhat is the specific use of the Equipment?
2. What increased capabilities will the Equipment provide?
3. Why is the Equipment essential to your ability to deliver governmental services?
4. Does the Equipment replace existing equipment?
(If so, please explain why you are replacing the existing equipment)
5. Why didyou choose this speciJic Equipment?
6. For how mqny years do you qcpect to utilize the Equipment?
7. What revenue source will be utilized to male Rental Payments due under the Agreement?
Lessee: City of Kent, Washington
The "Agreement": Schedule of EquipmentNo. 008-0742593-300 dated MLay 17,2018 (the "Schedule"), to Master Equipment
Lease Purchase Agreement No . 7 42593L dated as of May 17 , 2018
ttLesseett
City of Kent, Washington,220 Fourth Ave. S, Kent, WA 98032
ttLessortt
TCF Equipment Finance, a division of TCF National Bank, 1 I I I West San Marnan Dr, Suite A.2 West, Waterloo, IA 50701 -
8926
Mwi_Lease_M6ter_Schedule v.09.21.20I7 353871 5llT2Ol8 7:06 AM
Dana Ralph, Mayor
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trnance
INSURANCE COVERAGE DISCLOSURE TO
SCHEDULE OF f,QUTPMENT NO. 008-0742s93-300
TO MASTER EQUTPMENT LEASE PURCHASE AGREEMENT NO.742593L
RE: INSURANCECOVERAGEREQUIREMENTS
In accordance with the Master Equipment Lease Purchase Agreement, Lessee certifies that it has instructed the
insurance agent named below (please fill in name, address, and telephone number):
to issue: (check to indicate coverage)
_X_a. All Risk Physical Damage Insurance on the Equipment evidenced by a Certificate of Insurance and Long Form Loss
Payable Clause naming TCF Equipment Finance, a division of TCF National Bank and/or its assigns as Loss Payee.
Coverage Required: $639,447.28
_X_ b. Public Liability Insurance evidenced by a Certificate of Insurance naming TCF Equipment Finance, a division of
TCF National Bank and/or its assigns as an Additional Insured.
Minimum Coverage Required
$1,000,000
$1,000,000
$ 1,000,000
per person
aggregate bodily injury liability
property damage liability.
By Dana Ralph, Mayor
Proof of insurance coverage will be provided to TCF Equipment Finance, a division of TCF National Bank, 1l1l West San
Marnan Dr, Suite ,{2 West, Waterloo, IA 50701-8926, prior to the time that the Equipment is delivered to Lessee. Please fax a
copy of the Certificate of Insurance or binder to Marisa Meyers at (866) 465-3149.
Lessee: City of Kent, Washington
Insurance
Company
Liability:
Agent Name:Business Phone #
Fax Phone #
Insurance
Company
Property:
Agent Name:Business Phone #
Fax Phone #
Mui_Lese_Master,Schedule v.09.21.201? 35387'1 5ll7 12018 7:06 Nvl
OPINION OF COUNSEL
(To be on Attorney's Letterhead)
Date:
Lessee:
May 17,2018
City of Kent, Washington
220 Fourth Ave. S
Kent, WA 98032
Lessor:TCF Equipment Finance, a division of TCF National Bank
1 I l1 West San Maman Dr, Suite A2 West
Waterloo, IA 507 0l -8926
Re: Schedule of Equipment No. 008-0742593-300 to Master Equipment Lease Purchase Agreement No.
742593L, dated as of May 17,2018, by and between City of Kent, Washington and TCF Equipment Finance, a
division of TCF National Bank.
Ladies and Gentlemen:
I have acted as counsel to Lessee with respect to the Schedule of EquipmentNo. 008-0742593-300 to Master
Equipment Lease-Purchase Agreement described above and the related escrow agreement, ifany, and all
attachments, exhibits and schedules thereto (together, the "Lease") and various related matters, and in this capacity
have reviewed a duplicate original or certified copy ofthe Lease. Based upon the examination ofthese and such
other documents as I deem relevant, it is my opinion that:
1. Lessee is a public corporation and political subdivision of the State of Washington (the "State") within the
meaning ofSection 103 ofthe Internal Revenue Code of 1986, as amended, is duly organized, existing and
operating under the Constitution and laws of the State, and has a substantial amount of the following soverign
powers: (a) the power to tax, (b) the power of eminent domain, and (c) police power. The full, true and correct legal
name of Lessee is
2. Lessee is authorized and has power under State law to enter into the Lease and lease the equipment with an
option to purchase, and to carry out its obligations thereunder and the transactions contemplated thereby. No further
approval, consent or withholding of objection is required from any Federal, State or local govemmental authority
with respect to the entering into or performance by the Lessee of the Lease and the transaction contemplated
thereby.
3. The Lease and the other documents described above have been duly authorized, approved, executed and
delivered by and on behalfofLessee, and the Lease is a valid and binding contract ofLessee enforceable in
accordance with its terms, except to the extent limited by State and Federal laws affecting remedies and by
bankruptcy, reorganization or other laws ofgeneral application relating to or affecting the enforcement ofcreditors'
rights.
4. Lessee has no authority (statutory or otherwise) to terminate the Lease prior to the end of its term for any reason
other than pursuant to the terms ofSection 3.03(a) and (b) ofthe Lease.
5. The authorization, approval and execution ofthe Lease and all other proceedings ofLessee relating to the
transactions contemplated thereby have been performed in accordance with all open meeting laws, public bidding
laws and all other applicable State and Federal laws.
6. The execution of the Lease and the appropriation of moneys to pay the payments coming due under the Lease
do not result in the violation of any constitutional, statutory or other limitation relating to the manner, form or
amount of indebtedness which may be incuned by Lessee.
Mui_Lease_Mster_OpinionofCousel v.04.20.2016 353877 5l17l20l8 6:55 AM
7. There is no litigation, action, suit, or proceeding pending or before any court, administrative agency, arbitrator or
governmental body that challenges the organization or existence ofLessee; the authority ofthe Lessee or its officers;
the proper authorization, approval and execution ofthe Lease and the other documents described above; the
appropriation of monies to make Rental Payments under the Lease for the current fiscal year, or the ability of Lessee
otherwise to perform its obligations under the Lease and the transactions contemplated thereby.
8. The equipment leased pursuant to the Lease constitutes personal property and when subject to use by Lessee will
not be or become fixtures under applicable law.
9. The leasing of the equipment pursuant to the Lease is exempt from all sales, use and documentary stamp taxes
against either Lessor or Lessee during the term of the Lease, and such equipment will be exempt from all state and
local personal property or other ad valorem taxes.
This opinion of counsel may be relied upon by TCF Equipment Finance, a division of TCF National Bank and its
successors and assigns.
Very truly yours,
Mui_Lease Mcter _OpinionOfCousel v.04.20.2016 353877 5/172018 6:55 AM
RESOLUTION
MASTER EQUIPMENT LEASE PURCHASE AGREEMENT NO. 742593L
AND SCHEDULE NO. OO8-0742593-3OO THERETO
A resolution authorizing the negotiation, execution, and delivery of Master Equipment Lease Purchase Agreement No. 742593L dated May 17,
2018 andScheduleNo.003-0742593-300thereto,togetherwrththerelatedescrowagreement,ifany(the"Lease"),inprincipalamountnotto
exceed $639,447.28, between City of Kent, Wrshington, 220 Fourth Ave. S, Kent, WA 98032 and TCF Equipment Finance, a division of
TCF National Banb 1t11 West San Marnan Dr, Suite 42 West, Waterloo, IA 50701-8926; and prescribing other details in connection
therewith.
WHEREAS, City of Kent, Washington, (the "Lessee") is a political subdivision duly organized and existing pursuant to the Constitution and
laws of the State of Washington; and
WHERDAS, Lessee is duly authorized by applicable law to acquire such items of personal property as are needed to carry out its govemmental
functions and to acquire such personal property by entering into lease-purchase agreements; and
WHEREAS, Lessee hereby finds and determines that the execution ofa Lease for the purpose ofleasing with the option to purchase the property
designated and set forth in Schedule No. 008-0742593-300 to the Lease is appropriate and necessary to the function and operations ofthe Lessee;
and
WIIEREAS, TCF Equipment Finance, a division ofTCF National Bank, (the "Lessor") shall act as Lessor under said Lease; and
WHEREAS, the Lease shall not constitute a general obligation indebtedness of the Lessee within the meaning of the Constitution and laws of the
State;
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF City of Kent, Washington:
Section l. The Lease, in substantially the form as presently before the goveming body ofthe Lessee , is hereby approved, and the
ofthe Lessee, is hereby authorized to negotiate, enter into, execute, and deliver the Lease and related documents in
substantially the form as prssently before the governing body ofthe Lessee, with such changes therein as shall be approved by such officer, and
which l,ease will be available for public inspection at the offices of Lessee.
Section 2. Ths Lessee shall, and the officers, agents and employees ofthe Lessee are hereby authorized and directed to take such further action
and execute such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent ofthis
Resolution, and to carry out, comply with and perform the duties ofthe Irssee with respect to the Lease.
Section3. TheLessee'sobligationsundertheLeaseshallbeexpresslysubjecttoannualappropriationbyLessee;andsuchobligationsunderthe
Lease shall not constitute a general obligation of Lessee or indebtedness ofLessee within the meaning ofthe Constitution and laws ofthe State of
Washington.
Section 4. All other related contracts and agreements necessary and incidental to the Lease are hereby authorized, ratified and approved
Section 5. This resolution shall take effect immediately upon its adoption and approval.
CERTIFIED AS TRUE AND CORRECT this day of 20
Signature of Clerk, Secretary or Assistant Secretary
Printed Name ofClerk, Secretary or Assistant Secretary
Mui Le6e M6ter Resolution_NonBmkQualified v.04.20.2016 353877 5llT20l8 6:55 1\l{
Itcf
e.quipment
tlnance
Date of Invoice:
Application Number:
Contract Number:
Invoice
0slt7l20r8
353877
008-0742593-300
To:City of Kent, Washington
220 Fourth Ave. S
Kent, WA 98032
Advance Payments/Secu rity Deposit
Description
First Payment in Advance
Last Payment in Advance
Contract Payment
$14,677.93
$0.00
Sales/Use Tax
$0.00
$0.00
Other Amount
$14,677.93
$0.00
$0.00$0.00
Sub Total $14,677.93
Other Fees/Charges
Fee Description
Documentation Fee
Amount
$250.00
Other Fees/Charges Sub Total $250.00
Invoice Total Due
Remit Payment with
Completed Documents to:
866-465-3149
OR
TCF Equipment Finance, a division of TCF
National Bank
1111 West San Marnan Dr, Suite 42 West
Waterloo, IA 50701-8926
Invoice Total Due ($1 7.93
lnvoice_Waterloo v.08.01.1235387'l SL 5/1712018 6:55 AM
Room/suite
11
12
13
14
15
16
17
18
(al Final maturity date (bl lssue price (c) Stated redemption
price at maturity
(d) Weighted
average maturity
$$vears
22
23
25
26
27
28
29
30
Part I
Part ll
Part lll
Part lV
Part V
Form
Department of the
lntemal Revenue Service
8038-G I nformation Retum for Tax-Exempt Governmental Obligations
(Rev. September2011)) Under lnternal Revenue Gode section 1€(e)
) See separate instructions.
Caution: lf the issue price is under $100,000, use Form 8038-GC.
10a Name and title of officer or other employee of the issuer whom the IRS may call for more information (see
instructions)
OMB No. 1545-0720
10b Telephone number of otficer or other
employee shown on 10a
(e) Yield
years
vears
lf Amended check here )
1 lssuer's name 2 lssuer's employer identification number (ElN)
3a Name ol person (other than issuer) with whom the IRS may communicate about this return (see instructions)3b Telephone number of other person shown on 3a
4 Number and sveet (or P.O. box if mail is not delivered to street address)5 Report numbet (For IRS Use OnM
z
6 City, town, or post office, state, and ZIP code 7 Date of issue
8 Name of issue 9 CUS|Pnumber
11
12
13
14
15
16
17
18
19
of lssue the issue . See the instructions and attach schedule.
Education .
Health and hospital
Transportation
Public safety .
Environment (including sewage bonds)
Housing
Utilities
Other. Describe )
lf obligations are TANs or RANs, check only box 19a
lf obligations are BANs, check only box 19b
lf obligations are in the form of a lease or installment sale, check box
of for the entire issue for which this form is filed.
lssue underulriters'
Proceeds used for accrued interest
lssue price of entire issue (enter amount from line 21, column (b))
Proceeds used for bond issuance costs (including underwriters' discount) .
Proceeds used for credit enhancement
Proceeds allocated to reasonably required reserve or replacement fund
Proceeds used to currently refund prior issues
Proceeds used to advance refund prior issues
Total (add lines 24 through 28) .
Nonrefunding proceeds of the issue line 29 from line 23 and enter amount
ol Refunded Bonds. Com lete this on for refund bonds.
Enter the remaining weighted average maturity of the bonds to be currently refunded
Enter the remaining weighted average maturity of the bonds to be advance refunded
Enter the last date on which the refunded bonds will be called (MM/DD/YYYY) .
Enter the date(s) the refunded bonds were issued ) (MM/DD/yyyy)
21
22
23
24
25
26
27
28
2S
30
20
31
32
gt
u
24
For Paperwork Reduction Act Notice, see separate instructions.Cat. No.63773S rorm 8038-G (Rev.9-2011)
35
36a
s7
Part Vl
Form 8038-G (Rev. 9-2011)Page2
35 Enter the amount of the state volume cap allocated to the issue under section 141 (bX5) .
36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract
(GlC) (see instructions)
b Enter the final maturity date of the GIC )
c Enter the name of the GIC provider )
37 Pooled financings: Enter the amount of the proceeds of this issue that are to be used to make loans
to other governmental units .
38a lf this issue is a loan made from the proceeds of another tax-exempt issue, check box ) n and enter the following information
Enter the date of the master pool obligation )
Enter the EIN of the issuer of the master pool obligation )
Enter the name of the issuer of the master pool obligation )
lf the issuer has designated the issue under section 265(bX3XBXD(|ll) (small issuer exception), check box
lf the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box
lf the issuer has identified a hedge, check here ) n and enter the following information:
Name of hedge provider )
Type of hedge )
Term of hedge )
42 lf the issuer has superintegrated the hedge, check box . >
43 lf the issuer has established written procedures to ensure that all nonqualified bonds of this issue are remediated
according to the requirements under the Code and Regulations (see instructions), check box >
4 lf the issuer has established written procedures to monitor the requirements of section 148, check box . >
45a lf some portion of the proceeds was used to reimburse expenditures, check here ) n and enter the amount
of reimbursement . >
b Enter the date the official intent was adopted )
b
c
d
39
40
41a
b
G
d
Signature
and
Gonsent
Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge
and belief, they are true, correct, and complete. I further declare that I consent to the IRS'S disclosure of the issuer's return information, as necessary to
process this return, to the person that I have authorized above.
PrinvType preparer's name Preparer's signature Date check ! if
self-employed
Firm's name >
Firm's address )
Signature of issuer's authorized representative Date or name and title
Firm's EIN >
PTIN
rorm 8038-G (Rev. e-201 1)
Paid
Preparer
Use Only
This page intentionally left blank.
Agenda Item: Consent Calendar – 8D_
TO: City Council
DATE: June 19, 2018
SUBJECT: Department of Ecology Waste 2 Resource Grant – Authorize
SUMMARY: This Grant funds residential waste reduction and recycling programs
including the Spring and Fall recycle events for collection of materials such as
appliances, scrap metal, electronic equipment, mattresses, Styrofoam, bulky yard
debris, and concrete.
The Waste 2 Resources Local Solid Waste Financial Assistance Agreement is a two-year
grant funded by the Washington State Department of Ecology. It pays 75% of the total
eligible cost for recycling events, which for Kent is $45,819.00. The remaining 25%
($15,273.00) must be paid by the local agency and will be matched by the King County
Waste Reduction and Recycling Grant and the Local Hazardous Waste Management
Program Grant.
EXHIBITS: Waste 2 Resources Local Solid Waste Financial Assistance Agreement
RECOMMENDED BY: Public Works Committee
YEA: Fincher, Troutner, Higgins NAY:
BUDGET IMPACT: The City will receive $45,819.00 from the Washington State
Department of Ecology, distributed on a cost basis as tasks are completed. The required
25% match of $15,273.00 will come from the King County Waste Reduction and
Recycling Grant and the Local Hazardous Waste Management Program Grant.
STRATEGIC PLAN GOAL(S):
☒ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging
technologies, and fostering new opportunities and industries that benefit our community.
☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
MOTION: Authorize the Mayor to sign a Waste 2 Resources Local Solid Waste
Financial Assistance Agreement with the Department of Ecology in the
amount of $45,819.00, subject to final terms and conditions acceptable to
the City Attorney and Public Works Director.
This page intentionally left blank.
DEPARTMENT OF
ECOLOGY
State of Washington
Agreement No. W2RLSWFA-1719-KentPW-00018
WASTE 2 RESOURCES LOCAL SOLID WASTE FINANCIAL ASSISTANCE AGREEMENT
BETWEtrN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF KENT
This is a binding Agreement entered into by and between the state of Washington, Department of Ecology,
hereinafter referred to as "ECOLOGY," and CITY OF KENT, hereinafter referred to as the "RECIPIENT," to carry
out with the provided funds activities described herein.
GENERAL INFORMATION
Project Title 2017-19 LSWFA City of Kent IMP
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than
Project Type:
$179,993.00
s61,092.00
s45,819.00
$15,273.00
07101/2017
06/30/2019
Planning/lmplementation
Project Short Description:
The RECIPIENT (City of Kent) will spend $61,092.00 on holding up to four (4) Recycle Collection Events,
recycling an estimated 80 tons of mixed material and2.3 tons of moderate-risk waste (MRW) from an expected
participation of 1,700 residents, out of an estimated 54,000 contacts made.
Project Long Description:
N/A
Overall Goal
Provide regional solutions and intergovernmental cooperation; prevent or minimize environmental
contamination through planning and project implementation; and comply with state and local solid and
hazardous waste management plans and laws.
State of Washington Department of Ecology
Agreement No: W2RLSWFA- l7 I 9-KentPW-0001 8
Project Title: 2017- I 9 LSWFA City of Kent IMP
Recipient Name: CITY OF KENT
RECIPIENT INFORMATION
Organization Name: CITY OF KENT
Federal Tax IDr
DUNS Number
Mailing Address:
Physical Address
91-6001254
000000000
220 Fourth Ave S
Kent, WA 98032
220 Fourth Ave S
Kent, Washington 98032
OrganizationEmail: tdonati@kentwa.gov
Gontacts
Page 2 of 19
Project Manager Tony Donati
Assistant Conservation Coordinator
220 Fourth Ave S
Kent, Washington 98032
Email: tdonati@kentwa.gov
Phone: (253) 856-5589
Billing Contact Corey Frame
Financial Analyst
220 Fourth Ave S
Kent, Washington 98032
Email: cframe@kentwa.gov
Phone: (253) 856-5589
Authorized
Signatory
Tony Donati
Assistant Conservation Coordinator
220 Fourth Ave S
Kent, Washington 98032
Email: tdonati@kentwa.gov
Phone: (253) 856-5589
Version l0/30/2015
State of Washington Department of Ecology
Agreement No: W2RLSWFA- l7l9-KentPW-0001 8
Project Title: 2017-19 LSWFA City of Kent IMP
Recipient Name: CITY OF KENT
ECOLOGY INFORMATION
Mailing Address:Department of Ecology
Waste 2 Resources
PO BOX 47600
Olympia, WA 98504-7600
Physical Address:Waste 2 Resources
300 Desmond Drive SE
Lacey, WA 98503
Contacts
Page 3 of l9
Project
Manager
VickiColgan
3190 - l60th Ave SE
Bellevue, Washington 98008-5452
Email: vcol46l @ecy.wa.gov
Phone: (425) 649-7224
Financial
Manager
Vicki Colgan
3190 - l60th Ave SE
Bellevue, Washington 98008-5452
Email: vcol467@ecy.wa.gov
Phone: (425) 649-7224
Version l0/30/2015
State ol Washington Department of Ecology
Agreement No: W2RLSWFA-1719-KentPW-00018
Project Title: 20 l7- l9 LSWFA City of Kent IMP
Recipient Name: CITY OF KENT
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things
necessary for or incidental to the performance of work as set forth in this Agreement.
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and
conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all
applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the
RECIPIENT has read, understood, and accepts all requirements contained within this Agreement.
This Agreement contains the entire understanding between the parties, and there are no other understandings or
representations other than as set fofth, or incorporated by reference, herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed
by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party.
This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be
binding until so approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their
respective organizations to this Agreement.
IN WITNESS WHEREOF: the parties hereto, having read this Agreement in its entirety, including all attachments, do
agree in each and every particular and have thus set their hands hereunto.
Page 4 of 19
Washington State
Department of Ecology
By:
CITY OF KENT
By:
Laurie Davies
Waste 2 Resources
Program Manager
Template Approved to Form by
Attorney General's Offi ce
Date Tony Donati
Assistant Conservation Coordinator
Date
Version l0/30/2015
State of Washington Department of Ecology
Agreement No: W2RLSWFA- l7l9-KentPW-000 I 8
Project Title: 2017-19 LSWFA City of Kent IMP
Recipient Name: CITY OF KENT
Page 5 of 19
Dana Ralph
Mayor Date
Version 10/30/2015
State of Washington Department of Ecology
Agreement No: W2RLSWFA-1719-KentPW-00018
Project Title: 2017- I 9 LSWFA City of Kent IMP
Recipient Name: CITY OF KENT
SCOPE OF WORK
Task Number: I Task Cost: $61,092.00
Task Title:Recycling Operations
Task Description:
Activity: Collection Events
The RECIPIENT will spend $61,092.00 holding up to four (4) residential Recycle Collection events in a convenient
city location for regular and hard-to-recycle items, including batteries, which are considered moderate-risk waste
(MRW). Educational materials which describe how to reduce waste and recycle more using City-sponsored or private
sector recycling programs, will also be distributed.
These are popular and well-attended community events, and eligible for reimbursement from Local Solid Waste
Financial Assistance (LSWFA.).The RECIPIENT will report program progress and expenditures for those quarters
when eligible costs related to these events occur; and may charge user fees for some items or may drop user fees to
increase volume of materials collected, crediting LSFWA for any revenue received from fees or commodity sales on
items this Agreement is directly supporting.
The RECIPIENT has contracted with a number of vendors to collect and properly recycle items at each event.
LSWFA does not pay for disposal or cost covered by existing product stewardship programs (E-cycle Washington,
LightRecycle Washington, etc.) or for any new product stewardship programs that are adopted during this Agreement
period.
Costs of membership in civic, business, and technical/ professional organizations are allowed when covered in the
overhead rate. If the RECIPIENT does not charge overhead to this Task, they may be directly billed if pre-approved by
ECOLOGY.
The RECIPIENT will note a return to the requirement for ECOLOGY review before printing promotional or other
materials to be paid for by monies granted under this Agreement. The full text of this requirement can be found in
Proviso #18 under the General Terms and Conditions below.
Task Goal Statement:
To reduce waste going to the landfill and preventing environmental pollution by holding well-organized collection
events.
Task Expected Outcome:
From up to four (4) collection events, the RECIPIENT expects to recycle an estimated 80 tons of mixed material and
2.3 tons of MRW (batteries) from approximately 1,700 resident participants out of making an estimated 54,000
contacts.
Page 6 of 19
Version l0/30/2015
State of Washington Department of Ecology
Agreement No: W2RLSWFA-1719-KentPW-00018
Projeet Title: 2017-19 LSWFA City of Kent IMP
Recipient Name: CITY OF KENT
Recipient Task Coordinator: Tony Donati
Recycling Operations
Deliverables
PageT of 19
Number Description Due Date
1.1 Work as defined in the Scope of Work for this Agreement is
implemented.
0613012019
Version l0/30/2015
State of Washington Department of Ecology
Agreement No: W2RLSWFA- l7l9-KentPW-000 I 8
Project Title: 2017-19 LSWFA City olKent IMP
Recipient Name: CITY OF KEN'|
BUDGET
Funding Distribution EG180452
NOTE: The above funding distribution number is used to identifu this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identifu each budget.
Page 8 of 19
Funding Title:
Funding Effective Date:
Funding Source:
Title:
City of Kent IMP
07101/2017
Funding Type:
Funding Expiration Date
Grant
0613012019
Type:
Funding Source o%
Description:
State Building Construction Account (SBCA)
State
100%
Local Solid Waste Financial Assistance
Approved Indirect Costs Rate: Approved State IndirectRate:25%o
Recipient Matcho/o: ZsVo
InKind Interlocal Allowed: No
InKind Other Allowed: No
Is this Funding Distribution used to match a federal grant? No
City of Kent IMP Task Total
Recycling Operations $ 61,092.00
Total: $ 61,092.00
Version l0/30/2015
State of Washington Department of Ecology
Agreement No: W2RLSWFA-I719-KentPW-00018
Project Title. 2017-19 LSWFA City of Kent IMP
Recipient Name: CITY OF KENT
Funding Distribution Summarv
Recipient / Ecology Share
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
GENERAL FEDERAL CONDITIONS
Ifa portion or all ofthe funds for this agreement are provided through federal funding sources or this
agreement is used to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION. DEBARMENT. INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred,
proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal
government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is
unable to certify to the statements contained in the certification, they must provide an explanation as to why they
cannot.
2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOCY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become
erroneous by reason ofchanged circumstances.
3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant,
person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have
the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
You may contact ECOLOGY for assistance in obtaining a copy of those regulations.
4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction
with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction.
5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled
..CERTIFICATION REGARDING SUSPENSION, DEBARMENT,INELIGIBILITY OR VOLUNTARY
EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier
covered transaction complies with certification of suspension and debarment requirements.
l. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of
Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal
Version l0/30/2015
Page 9 of 19
Funding Distribution Name Recipient Match oh Recipient Share Ecology Share Total
City of Kent IMP 25.00 %$15,273.00 $ 45,819.00 $ 6l,092.00
Total $15,273.00 $ 45,819.00 $ 61,092.00
State olWashington Department of Ecology
Agreement No: W2RLSWFA- I 71 9-KentPW-000 I 8
Project Title: 2017-19 LSWFA City of Kent IMP
Recipient Name: CITY OF KENT
Page 10 of 19
remedies, including suspension and debarment.
8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
ILITY AND TRANSPARENCY ACT FATA
REQUIREMENTS:
CONTRACTOzuRECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it
with the signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
Receives more than $25,000 in federal funds under this award.
Receives more than 80 percent ofits annual gross revenues from federal funds
Receives more than S25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form
Ecology is required to report the FFATA information for federally funded agreements, including the required
DUNS number, at www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA
information will be available to the public at www.usaspending.gov <http://www.usaspending.sov/>.
For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.sov/>.
D
a
a
Version 10/30/2015
State olWashington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
W2RLSWFA- I 71 9-KentPW-000 I 8
2011-19 LSWFA City of Kent IMP
CITY OF KENT
Page ll of19
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 1/22/2018 VERSION
I. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans EAGL
Edition." (https://fortress.wa.gov/ecylpublications/SummaryPages/1701004.html)
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper
management of all funds and resources made available under this Agreement.
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring
all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right
to request proofofcompliance by subgrantees and contractors.
d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the
extent and character ofall work and services.
2. AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No
subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and
signed by authorized representatives of both parlies. ECOLOGY and the RECIPIENT may change their respective staff
contacts and administrative information without the concurrence of either party.
3. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic
resources. The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to
historical or cultural artifacts discovered, disturbed, or damaged due to the RECIPIENT's project funded under this
Agreement.
RECIPIENT shall:
a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their
project:
. For capital construction projects or land acquisitions for capital construction projects, if required, comply with
Govemor Executive Order 05-05, Archaeology and Cultural 'Resources.
. For projects with any federal involvement, if required, comply with the National Historic Preservation Act.
. Any cultural resources federal or state requirements must be completed prior to the start of any work on the project
site.
b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (lDP) to ECOLOGY prior to
implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
. Keep the IDP at the project site.
. Make the IDP readily available to anyone working at the project site.
. Discuss the IDP with staff and contractors working at the project site.
. Implement the IDP when cultural resources or human remains are found at the project site.
c) If any archeological or historic resources are found while conducting work under this Agreement:
. Immediately stop work and notiff the ECOLOGY Program, the Department of Archaeology and Historic
Preservation at (360) 586-3064, any affected Tribe, and the local government.
d) If any human remains are found while conducting work under this Agreement:
Version 10/30/2015
State of Washington Department of Ecology
Agreement No: W2RLSWFA-1719-KentPW-00018
ProjectTitle: 2017-19 LSWFA City of Kent IMP
Recipient Name: CITY OF KENT
. Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and
then the ECOLOGY Program.
e) Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal
laws protecting cultural resources and human remains.
4. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT
5. COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees,
ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups.
6. COMPENSATION
a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the
RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted.
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement.
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified
with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to
expenditure.
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY.
e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and
supporting documentation. ECOLOGY will provide instructions for submitting payment requests.
f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State Department of Enterprise Services' Statewide Payee
Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W-9 form
at the website, http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. For
any questions about the vendor registration process contact the Statewide Payee Help Desk at (360) 407-8180 or email
payeehelpdesk@watech.wa. gov.
h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement.
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion
thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to
this Agreement, as appropriate, or upon completion of an audit as specified herein.
j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial,
performance, and other reports required by this agreement. Failure to comply may result in delayed reimbursement.
7. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits
related to this Agreement, including but not limited to:
a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State
of Washington which affect wages and job safety.
b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against
discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits
required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project
timeline for the permit and approval processes.
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State of Washington Department of Ecology
Agreement No: W2RLSWIjA- I 719-KentPW-000 I 8
Project Title: 2017- l 9 LSWFA City of Kent IMP
Recipient Name: CITY OF KENT
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the
RECIPIENT fails to comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered
modified to conform to that statute or rule of law.
8. CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or
responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial
interest, direct or indirect, nor affect the interest ofany corporation, partnership, or association in which he/she is a part,
in this Agreement or the proceeds thereof.
9. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall
award all contracts for construction, purchase ofgoods, equipment, services, and professional architectural and
engineering services through a competitive process, if required by State law. RECIPIENT is required to follow
procurement procedures that ensure legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT
may be required to provide written certification that they have followed their standard procurement procedures and
applicable state law in awarding contracts under this Agreement.
ECOLOCY reserves the right to inspect and request copies of all procurement documentation, and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with
state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion.
IO. DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this
Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal
decisions as provided for below:
a) RECIPIENT notifies the funding program of an appealrequest.
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal.
d) ECOLOGY reviews the RECIPIENT's appeal.
e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the
review.
The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of
such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or
duly authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's
decision will not be taken to Environmental and Land Use Hearings Office.
Pending finaldecision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this
Agreement and in accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method, in
addition to the dispute resolution procedure outlined above.
I1. ENVIRONMENTAL DATA STANDARDS
a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses
environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact
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State of Washington Department of Ecology
Agreement No: W2RLSWFA-1719-KentPW-00018
Project Title: 2017-19 LSWFA City of Kent IMP
Recipient Name: CITY OF KENT
the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
. Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance
(QA) officer or the Program QA coordinator instructs otherwise.
. Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July
2004 (Ecology Publication No. 04-03-030).
. Submit the QAPP to ECOLOGY for review and approval before the start of the work.
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the
Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The
RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find
instructions at: http ://www.ecy.wa. gov/eim.
c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected
and processed. Guidelines for Creating and Accessing GIS Data are available at:
https://ecology.wa.gov/Research-Data./Data-resources/Geographic-lnformation-Systems-GIS/Standards. RECIPIENT,
when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables,
raw data collection files, map products, and all metadata and project documentation.
12. GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought
hereunder will be in the Superior Court of Thurston County.
13. INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the
project described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the
other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act
or omission of that party or that party's agents or employees arising out of this Agreement.
14. INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue
to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of
the other party.
15. KICKBACKS
RECIPIENT is prohibited from inducin gby any means any person employed or otherwise involved in this Agreement
to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift
in return for award ofa subcontract hereunder.
I6. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE)
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and
women-owned (WBE) businesses in purchases and contracts initiated under this Agreement.
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged
to take the following actions, when possible, in any procurement under this Agreement:
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods
or services.
b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum
participation by qualified minority and women's businesses.
c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified
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State of Washington Department of Ecology
Agreement No: W2RLSWFA-1719-KentPW-00018
Project Title: 2017-19 LSWFA City of Kent IMP
Recipient Name: CITY OF KENT
minority and women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises
(OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as
appropriate.
17. ORDEROFPRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved
by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The
Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by
reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (f) the
General Terms and Conditions.
I8. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the
fulfillment of this Agreement:
a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days
prior to production and distribution.
b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline.
c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible
products developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets,
videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator
magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to
provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best
represents the item.
Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's
graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's
logo contact ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY.
19. PROGRESS REPORTING
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress
reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does
not document timely use of funds.
b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed
without a progress report. ECOLOGY will define the elements and frequency of progress reports.
c) RECIPIENT shall use ECOLOGY's provided progress report format.
d) Quarterly progress reports will cover the periods from January 1 through March 31, April I through June 30, July I
through September 30, and October I through December 31. Reports shall be submitted within thirty (30) days after
the end of the quarter being reported.
e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been
approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program
guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format.
20. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable
property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,
nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to
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State of Washington Department olEcology
Agreement No: W2RLSWFA- I 71 9-KentPW-000 I 8
Project Title: 201 7- I 9 LSWFA City of Kent IMP
Recipient Name: CITY OF KENT
authorize others to use the same for federal, state, or local government purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY
information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports,
maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials.
d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology
Grants and Loans," shall control the use and disposition ofall real and personal property purchased wholly or in part
with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary,
or upon specific instructions with respect thereto in this Agreement.
e) Personal Property Fumished by ECOLOGY. When ECOLOGY provides personal property directly to the
RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by
ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall
be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property.
0 Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds
for the acquisition of land or facilities:
1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in
this Agreement.
2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to
disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens
certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim
which would impair the uses intended by this Agreement.
g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any
equipment, property, or facility acquired or developed under this Agreement to uses other than those for which
assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned
upon payment to ECOLOGY of that porlion of the proceeds of the sale, lease, or other conversion or encumbrance
which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such
property.
2I. RECORDS, AUDITS, AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any
engineering documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement.
d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of
Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute
resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify
discrepancies in the records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state
has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be
enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to
ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of
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State of Washington Department of Ecology
Agreement No: W2RLSWFA- 1719-KentPW-00018
Project Title: 2017- I 9 LSWFA City of Kent IMP
Recipient Name: CITY OF KENT
this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times,
in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement.
22. RECOVERYOFFUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory
performance of this Agreement and completion of the work described in the Scope of Work.
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s)
or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT.
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this
Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments
within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the
time ECOLOGY demands repayment of funds.
Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
23. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid,
such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid
provision, and to this end the provisions of this Agreement are declared to be severable.
24. STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State
Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any
reimbursements are subject to this provision.
25. SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or
any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall
resume performance on the next business day following the suspension period unless another day is specified by
ECOLOGY.
26. SUSTAINABLE PRACTICES
In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement.
a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low
impact meetings, and setting up recycling and composting programs.
b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers
and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products
with reduced packaging, office products that are refillable, rechargeable, and recyclable, and 100% post-consumer
recycled paper.
For more suggestions visit ECOLOGY's web page: Green Purchasing, ,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
27. TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
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Agreement No: W2RLSWFA- 1719-KentPW-000 I 8
Project Title: 2017-19 LSWFA City of Kent IMP
Recipient Name: CITY OF KENT
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material
breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance
rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination.
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to
commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date
mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work.
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the
opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any
further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement.
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by
ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY
may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from
the RECIPIENT is determined.
b) For Convenience
ECOLOGY may terminate for convenience this Agreement, in whole or in par1, for any reason when it is the best
interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted
below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in
accordance with the terms of this Agreement prior to the effective date of termination.
Non-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event
funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and
prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate
the Agreement, in whole or paft, or renegotiate the Agreement, subject to new funding limitations or conditions.
ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding
insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although
ECOLOGY will make a reasonable attempt to provide notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the recipient/contractor
through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the
recipient/contractor. In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the
agreement and any amendments.
If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to
repay monies which had been paid to the RECIPIENT prior to such termination.
RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon
availability of funds by the RECIPIENT's governing body.
c) By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written
agreement.
d) In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other
materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of
ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
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Agreement No: W2RLSWFA- 1719-KentPW-00018
Project Title: 2017-19 LSWFA City of Kent IMP
Recipient Name: CITY OF KENT
completed on such documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
28. THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state
of Washington is named as an express third party beneficiary of such subcontracts with full rights as such.
29. WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach,
and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the
authorized representative of ECOLOGY.
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Agenda Item: Consent Calendar – 8E_
TO: City Council
DATE: June 19, 2018
SUBJECT: Consultant Service Agreement – Visual Pavement Rating Services, LLC
–Authorize
SUMMARY: The City of Kent roadway network is approximately 310 centerline miles
(equivalent to nearly 720 lane miles). The 2018 Transportation Sustainability binder
presented to Council in January 2018, identified a deferred maintenance need in excess
of $275M for the roadways. This number was based on prior studies. In addition to
aiding staff in the prioritization of projects, the visual pavement rating aids in
quantifying the condition and needs of the roadway network. An updated pavement
condition survey is also a necessity when competing for regional grant funding
opportunities, as it complies with requirements of the Federal Highway Administration.
The City had a favorable experience working with Visual Pavement Rating Services Inc.
in 2015/16, the last time the City’s roadways were rated.
EXHIBITS: Consultant Service Agreement
RECOMMENDED BY: Public Works Committee
YEA: Fincher, Troutner, Higgins Nay:
BUDGET IMPACT: Funding for the agreement is through B&O tax revenue.
STRATEGIC PLAN GOAL(S):
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
MOTION: Authorize Mayor to sign a Consultant Services Agreement with
Visual Pavement Rating Services, LLC., in an amount not to exceed $64,710,
for the purpose of performing a visual pavement condition survey for all City
streets, subject to final terms and conditions acceptable to the City Attorney
and Public Works Director.
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GOODS & SERVICES AGREEMENT - 1
(Over $20,000, including WSST)
GOODS & SERVICES AGREEMENT
between the City of Kent and
Visual Pavement Rating Services, LLC
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Visual Pavement Rating Services, LLC organized under the laws of the State
of Washington, located and doing business at 3116 N. Pine Court, Spokane, WA 99205, Phone: (509) 496-
7950, Contact: Rebecca McConnaughey (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following services for
the City:
The Vendor shall perform a 2018 Visual Pavement Surface Condition Survey. For a
description, see the Vendor's Scope of Work which is attached as Exhibit A and incorporated
by this reference.
Vendor acknowledges and understands that it is not the City’s exclusive provider of these goods,
materials, or services and that the City maintains its unqualified right to obtain these goods, materials,
and services through other sources.
II.TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete
the work and provide all goods, materials, and services by October 31, 2018.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Sixty Four
Thousand, Seven Hundred Ten Dollars ($64,710.00), including applicable Washington State Sales Tax, for
the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the
following amounts according to the following schedule:
Vendor shall be paid after execution of agreement and submittal of invoice.
GOODS & SERVICES AGREEMENT - 2
(Over $20,000, including WSST)
If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option
to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make
every effort to settle the disputed portion.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment from
Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable,
for any reason, to complete any part of this Agreement, the City may obtain the goods,
materials or services from other sources, and Vendor shall be liable to the City for any
additional costs incurred by the City. "Additional costs" shall mean all reasonable costs,
including legal costs and attorney fees, incurred by the City beyond the maximum
Agreement price specified above. The City further reserves its right to deduct these
additional costs incurred to complete this Agreement with other sources, from any and all
amounts due or to become due the Vendor.
B. Final Payment: Waiver of Claims. VENDOR’S ACCEPTANCE OF FINAL PAYMENT SHALL
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE
AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT
IS MADE.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Vendor has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Vendor maintains and pays for its own place of business from which Vendor’s
services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Vendor’s services, or the Vendor is engaged in an independently established
trade, occupation, profession, or business of the same nature as that involved under
this Agreement.
D. The Vendor is responsible for filing as they become due all necessary tax documents
with appropriate federal and state agencies, including the Internal Revenue Service
and the state Department of Revenue.
E. The Vendor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Vendor’s
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Vendor maintains a set of books dedicated to the expenses and earnings of its
business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement.
VI. CHANGES. The City may issue a written amendment for any change in the goods, materials
or services to be provided during the performance of this Agreement. If the Vendor determines, for any
reason, that an amendment is necessary, Vendor must submit a written amendment request to the person
listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days
of the date Vendor knew or should have known of the facts and events giving rise to the requested
change. If the City determines that the change increases or decreases the Vendor's costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach
GOODS & SERVICES AGREEMENT - 3
(Over $20,000, including WSST)
agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the
City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
amended work upon receiving either a written amendment from the City or an oral order from the City
before actually receiving the written amendment. If the Vendor fails to require an amendment within the
time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests
for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor
must complete the amended work; however, the Vendor may elect to protest the adjustment as provided
in subsections A through E of Section VII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by
Vendor as provided in this section shall constitute full payment and final settlement of all claims for
contract time and for direct, indirect and consequential costs, including costs of delays related to any
work, either covered or affected by the change.
VII.CLAIMS. If the Vendor disagrees with anything required by an amendment, another
written order, or an oral order from the City, including any direction, instruction, interpretation, or
determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give
written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events
giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should
have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for
damages, additional payment for any reason, or extension of time, whether under this Agreement or
otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim
is made in strict accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in subsections A,
items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN
ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED
BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1.The date of the Vendor's claim;
2.The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate
was determined; and
5.An analysis of the progress schedule showing the schedule change or
disruption if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred as a
result of the asserted events giving rise to the claim. The City shall have access to any of
the Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed
promptly to provide the goods, materials and services required by the City under this
Agreement.
GOODS & SERVICES AGREEMENT - 4
(Over $20,000, including WSST)
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor
also waives any additional entitlement and accepts from the City any written or oral order
(including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Vendor completely waives any claims for protested work and accepts from the
City any written or oral order (including directions, instructions, interpretations, and
determination).
VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING
FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE
CONTRACT WORK IS COMPLETE OR VENDOR’S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED.
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work
provided under this Agreement in accordance with the provisions of this Agreement. In addition to any
other warranty provided for at law or herein, this Agreement is additionally subject to all warranty
provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington.
Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained,
and will perform in accordance with their specifications and Vendor’s representations to City. The Vendor
shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have
known of the defect, or (2) upon Vendor’s receipt of notification from the City of the existence or
discovery of the defect. In the event any part of the goods are repaired, only original replacement parts
shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for
that portion of the work shall extend for an additional year beyond the original warranty period applicable
to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its
receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a
reasonable time as determined by the City, the City may complete the corrections and the Vendor shall
pay all costs incurred by the City in order to accomplish the correction.
X. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the
Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who
is qualified and available to perform the work to which the employment relates.
Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration,
Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached
Compliance Statement.
XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds
to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor’s part, then Vendor
shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable
GOODS & SERVICES AGREEMENT - 5
(Over $20,000, including WSST)
attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the
Vendor’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this
reference.
XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions
and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of
the contract work and shall utilize all protection necessary for that purpose. All work shall be done at
Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other
articles used or held for use in connection with the work.
XIV. MISCELLANEOUS PROVISIONS.
A. 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
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section XI of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Vendor.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
GOODS & SERVICES AGREEMENT - 6
(Over $20,000, including WSST)
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the
performance of those operations.
I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the
Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the
City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City’s duties and
obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
VENDOR:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Dana Ralph
Its Mayor
DATE:
NOTICES TO BE SENT TO:
VENDOR:
Rebecca McConnaughey
Visual Pavement Rating Services, LLC
3116 N. Pine Court
Spokane, WA 99205
(509) 496-7950 (telephone)
N/A (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
GOODS & SERVICES AGREEMENT - 7
(Over $20,000, including WSST)
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
Kent City Clerk
Visual Pavement Rating Serv - Visual Pvmt Survey 2/Araucto
EEO COMPLIANCE DOCUMENTS - 1 of 3
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 of 3
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 of 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
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: _________________________________________
VPR Services
Rebecca McConnaughey
3116 N Pine Ct
Spokane, WA 99205
(509) 496-7950
beccamcco@hotmail.com
EXHIBIT A
VPR Services
Owner/Project Manager: Rebecca McConnaughey
Team Structure and qualifications: All services will be conducted by Rebecca McConnaughey
and seasonal employee. Both Rebecca and seasonal are qualified to both rate and perform
QA/QC with other rater. There would not be any sub consultants on this project. Rebecca
would do all quality control and quality assurance analysis for project.
Education of Rebecca McConnaughey:
Bachelor of Science in Mathematics – Whitworth University 1988-1992
Bachelor of Arts in Business Management – Whitworth University 1988-1992
References:
Tom Myklebust, Pavement Management Foreman
City of Lewiston, ID
tommyklebust@cityoflewiston.org
208-746-1316
Mitch Johnson, GIS & Road Log Manager
Chelan County, WA
Mitch.Johnson@Co.Chelan.WA.Us
(509)667-6512
Additional references upon request
ALL previous projects were performed on time and with NO change to the original bid price. It
is VPR’s goal to only apply for projects that are able to be completed within the time frame that
is needed. We will always have the pavement condition survey completed in time unless there
are delays due to circumstances beyond our control such as weather delays, not starting the
project on agreed upon time due to agency delay, etc.
VPR Services has the availability to perform the City of Kent’s pavement condition survey in its
entirety during the 2018 rating season. This includes the import of data into Streetsaver.
Qualifications/Experience with Washington State Pavement Condition Surveys:
25 Years (26,900 centerline miles) experience in conducting walking and driving
pavement condition surveys of flexible, rigid and gravel roads.
Extensive experience conducting distress surveys for use in a variety of Pavement
Management Softwares such as Streetsaver, Cartegraph, and Mobility.
Extensive knowledge of multiple data collection formats including computer, tablet, and
paper formats. Experienced in entering data into MobileRater during field survey and
importing data into Streetsaver. Skilled in data verification and collection.
Trained seasonal employees to conduct pavement condition surveys for Spokane
County from 1995 to 2014. This included weekly quality assurance of work and
calibration of raters.
Attended pavement rating training classes provided by WSDOT and CRAB in 1993 , 2006
and 2014. Have attended multiple classes provided by Streetsaver in use of software,
pavement condition survey, and MobileRater.
Attendance at the Spring and Fall conferences offered by the Northwest Pavement
Management Association, which offers training on different rating methods and
software used. Rebecca McConnaughey was awarded “Pavement Manager of the Year”
from the NWPMA for 2007-2008.
Vendor’s Approach to Project:
Vehicle will be equipped with safety lights, company and safety signs on rear of vehicle,
distance measuring instrument, and all related insurance required by the C ity.
Employees will be clearly identified with safety vests.
Rating team will be assigned to this project four to six days per week (approx. 8-12
hr/day). Survey will start as early as possible after the City of Kent supplies a start date.
Rating would be completed in full during the proposed time frame.
Rating team will pay close attention to weather and direction of sun to get best vi ew of
roadway. Roads will be rated during daylight hours, into the sun or from an angle that
will show the most road distresses.
All roads will be rated with a walking survey, on 100% of all lanes and segments of City
of Kent maintained streets. Distresses to be rated for flexible pavement are alligator
cracking, block cracking, distortions, longitudinal and transverse cracking, maintenance
and utility patching, rutting/depressions, weathering, and raveling. The database for
the roads to be surveyed will be given by the City of Kent in an excel file after award of
contract.
Data will be entered directly into MobileRater during survey and uploaded into
Streetsaver after quality control has been completed.
A file will be supplied after survey is complete with any discrepancies observed between
Streetsaver database and field survey for number of lanes or pavement type. If
approved by the City of Kent, updates will be made in the Streetsaver database. An
excel spreadsheet will also be included listing any segment that is not rated, with a
comment describing the reason.
VPR Services, LLC
Rebecca McConnaughey
(509) 496-7950
beccamcco@hotmail.com
April 9, 2018
Bid Estimate
Pavement Condition Walking Survey
City of Kent, WA 2018
719 lane miles @ $90.00/lane mile = $64,710.00
Total cost = $64,710.00
*Total estimated cost includes insurance as required by the City of Kent, fuel, vehicle use and
maintenance, and employee per diem expenses including food and lodging.
REQUEST FOR PROPOSAL
FOR SERVICES TO PERFORM
2018 VISUAL PAVEMENT SURFACE CONDITION SURVEY
Notice is hereby given that the City of Kent Washington is seeking proposals from qualified
firms for consulting services to collect visual pavement surface conditions utilizing
StreetSaver’s MobileRater application and importing these conditions into the City’s
StreetSaver Database.
The City maintained street network is summarized below:
Function Class Sections Length (mi) Lane Miles
Urban Principal Arterial 138 11.8 53.2
Urban Minor Arterial 412 34.8 124.2
Major Collector 284 23.8 56.0
Urban Local 3549 239.6 485.6
Totals 4383 310.0 719.0
The services will include walking all City of Kent Streets, visually collecting eight core
pavement defects (i.e., alligator cracking, block cracking, distortions, longitudinal and
transverse cracking, patch and utility cut patch, rutting/depression, weathering, and
raveling) on 100 percent of all lanes and segments of City of Kent maintained streets.
The services will include updating the StreetSaver database when the following existing
conditions do not match the information within the database: number of lanes and
pavement type.
Insurance requirements and terms of contract are available upon request from the City of
Kent Public Works Department by contacting Nancy Yoshitake at 253-856-5508.
A statement of qualifications indicating the firm’s qualifications, experience of individuals to
perform work on this project, experience of the firm with similar work, technical expertise,
capability to perform the work, availability to perform the work, familiarity with City of Kent
street network, familiarity with StreetSaver and MobileRater application, resumes and
references, how the firm will approach the project, including a cost proposal per lane mile
of rated street shall be addressed to:
Nancy Yoshitake
City of Kent
220 4th Avenue South
Kent, WA 98032
Re: RFQ – 2018 Visual Pavement Surface Condition Survey
Three (3) sets of qualifications must be received by mail or delivery at the City of Kent
Public Works Department no later than 5:00 p.m. on April 13, 2018. Request for
qualifications & cost proposal shall be no longer than 5 pages in length excluding the cover,
index, divider sheets, resumes and references.
For additional information, please contact Joseph S. Araucto, P.E., Utility Engineer, by
telephone at 253-856-5664 or via e-mail at jaraucto@kentwa.gov.
The City of Kent is an equal opportunity employer and reserves the right to waive any
informality or reject any or all submittals and shall be the sole judge thereof.
EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1.Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2.Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The Commercial General
Liability insurance shall be endorsed to provide the Aggregate Per
Project Endorsement ISO form CG 25 03 11 85. The City shall be
named as an insured under the Contractor’s Commercial General
Liability insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 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.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1.Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2.Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate and a $2,000,000 products-completed operations
aggregate limit.
EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1.The Contractor’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Contractor’s
insurance and shall not contribute with it.
2.The Contractor’s insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3.The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the contractor and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Contractor’s
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer’s liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
Agenda Item: Consent Calendar – 8F_
TO: City Council
DATE: June 19, 2018
SUBJECT: Market Place at Lake Meridian Bill of Sale – Accept
SUMMARY: The Market Place at Lake Meridian is located at 12922 S.E. Kent-Kangley
Road and the bill of sale consists of frontage Improvements on Kent-Kangley Road and
132nd Avenue S.E., two driveway entrances, and two handicap ramps at $5,000.
EXHIBITS: Bill of Sale
RECOMMENDED BY: Public Works Director
BUDGET IMPACT: None
MOTION. Authorize Council to accept the Bill of Sale from Lakha Kent
Properties, LLC, as detailed in the summary.
This page intentionally left blank.
MAIL TO:
CITY OF KENT
ENGINEERING DEPARTMENT
ATTN: Karen Wesson
KENT 22O - 4TH AVENUE SOUTH
KENT, WASHINGTON 98032W^sHrHCrroH
Project:
Permit #
Location
Parcel #
Marketolace at Lake Meridian
REMC-2141154
129?? S F Kent-lev Road
282205-9062
BILL OF SALE
CITY OF KENT
KrNG COUNTY, WASHINGTON
THIS INSTRUMENT made this day of
Lakha Kent Properties, LLC
20 15 , by and between
, 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 i mprovements :
A. WATERMAINS:
Together with a total of gate valves at $
-each,
-
hydrants at
$each and/or any other appurtenances thereto.
ON
(street, easement, etc.)
FROM TO
each and/or any other appurtenances
Including
(size & type)
B. SANITARY SEWERS:
Together with a total of
thereto.
linear feet at $
waterline.
per LF of
manholes at $
FROMON
(street, easement, etc. )
Including
Bill of Sale
1of5
linear feet at $per LF of
TO
(size & type)sewerline.
C. NEW STREETS:
Together with curbs, gutters, sidewalks, and/or any other appurtenances
ON FROM
(street, easement, etc.)
TO
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
ON FROM TO
(street, easement, etc. )
KenlKanqley Road two drivewav entran ces
132nd Avenue S.E two HC ramps
Including 2 driveways/2 HC ramos linear feet at $5.000 per LF of drivewav/ramo
(size & type)concrete improvement)
E. STORM SEWERS:
Together with a total of manholes at $each or total of
basins at $each,LF of biofiltration swale or drainage ditch
with a total cost of $cubic feet of detention pond storage
with a total cost of $ , and/or any other appurtenances thereto
catch
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 this instrument to be executed on this
day of ,20 15 .
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this
day of ,20
-.
ATE OF WASHINGTON
ss
cou F KING
On this day of ,20-,re me, the
undersigned A Nota blic in and for the State of Washington, duly commissioned sworn, personally
appeared to me known to be the vidual described in and
who executed the foregoing i and acknowledged to me e signed and sealed this
instrument as his/her free and volunta and deed for the uses a rposes therein mentioned
GIVEN under my hand and official seal this 20
Notary Public i for the State of
Washington, residin
Bill of Sale
3of5
)
)
)
My Commission Expires:
STATE OF WASHINGTON
COUNTY OF KING
On this day of
undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally
appeared and to me to be the
respectively ofand
the that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said
for the uses and purposes therein mentioned, and on oath stated that
they are authorized to execute the said instrument.
Witness my hand and official seal hereto affix the day and year first above written
Notary Public in and for the State of
Washington, residing at
My Commission Expires:
The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City
Council of the City of Kent, King County, Washington, on the ay of
20 15
Bill of Sale
4of5
ss
)
)
)
, 20 15 , before me, the
KENT
ì¡y'^ÊHtNûfoH
ENGIN EER'S CERTIFICATION
CITY OF KENT
KING COUNTY, WASHINGTON
The figures used on the Bill of Sale for
dated 11t1512014
Marketplace at Lake Meridian project
, for the same said Marketolace at Lake Meridian
project AliSadr. P E the undersigned
P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and
is an employee 9¡ Barghausen Consulting Engineers, lnc. , the firm
responsible for the preparation of the record drawings.
Signature
( Engineer stamp required)
Bill of Sale
5of5
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Agenda Item: Consent Calendar – 8G_
TO: City Council
DATE: June 19, 2018
SUBJECT: 132nd Avenue S.E. Pedestrian Improvements – Accept as Complete
SUMMARY: This project consisted of construction of approximately 3,800 lineal feet of
5-foot-wide walking path along the west side of 132nd Avenue South from S.E. 248th
Street to Kent-Kangley Road (SR516). Also, included in the project was the installation
of various sizes of storm drain pipe, concrete sidewalk ramps and a Rapid Flashing
Beacon pedestrian signal system near 252nd Street.
The final contract total paid was $1,045.281.73, which was $111,161.92 above the
original contract amount which was $933,662.50. This is roughly 12 percent above the
original contract and was needed to address issues with additional traffic control,
drainage, and removal of existing trees as discussed in the March 19, 2018 Public Works
Committee Meeting.
EXHIBITS: None
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: This project was funded from approved capital funding and a
grant from the Transportation Improvement Board for $473,784.
MOTION: Authorize the Mayor to accept the 132nd Avenue S.E. Pedestrian
Improvement Project as complete and release retainage to R.W. Scott
Construction Co., upon receipt of standard releases from the state and the
release of any liens.
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Agenda Item: Consent Calendar – 8H_
TO: City Council
DATE: June 19, 2018
SUBJECT: 2017 Asphalt Overlays – Accept as Complete
SUMMARY: This project consisted of the construction of ADA curb ramps, minor
sidewalk repairs, planing bituminous pavement, storm sewer pipe replacement and
other work.
The contract total paid was $1,669,935.76, which is $150,113.24 under the original
contract amount of 1,820,049.00.
EXHIBITS: None
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: This project was paid out of the solid waste utility funds and
drainage funds for items related to storm water pipe replacement planned for this
purpose.
MOTION: Authorize the Mayor to accept the 2017 Asphalt Overlays Project
as complete and release retainage to Lakeridge Paving Company LLC, upon
receipt of standard releases from the state and the release of any liens.
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Agenda Item: Consent Calendar – 8I_
TO: City Council
DATE: June 19, 2018
SUBJECT: Ordinance Amending the Comprehensive Plan Land Use Plan Map
Designations – Adopt
Three applications were submitted to the docket in 2017 requesting land use map
designation changes in the Comprehensive Plan. The Land Use and Planning Board held
the public hearing for these three items on March 26, 2018, and recommended approval
for CPA-2017-4 and CPA-2017-6 as proposed by staff, and recommended approval for
CPA-2017-5 on May 14, 2018. The Economic and Community Development Committee
recommended approval on June 11, 2018.
The first application, CPA-2017-4, is for two properties on East Hill to be redesignated
from Single Family to Mixed Use; CPA-2017-6 is for one half of a property at the
southern city limits to be redesignated from Multifamily to Commercial, but staff
recommended a Mixed-Use designation to be consistent with the other half of the
property, as the applicant intended.
The LUPB requested more information before acting on item CPA-2017-5, an application
for redesignation of nine properties on East Hill from Single Family to Multifamily.
Initially, staff recommended a denial based on the combination of two factors: presence
of large wetlands on the northwest part of the site and lack of property owner interest
in the southeast part of the site—this combination seemed likely to limit the quality of
future development.
However, after the public hearing the applicant provided information regarding an
accepted wetland delineation report that supersedes the wetland data originally
analyzed; this report shows no western wetland. Additionally, staff sent certified mail to
both properties and the applicant provided information showing contact attempts to
those properties; it appears that one of the property owners is recently deceased.
This new information caused staff to change the recommendation to approval, as a
unified development concept seems more likely, with less potential to negatively impact
the property owners who have not signed on to the application. The Land Use and
Planning Board recommended approval for this application, CPA-2017-5, at a regularly
scheduled meeting on May 14th, 2018, and the Economic and Community Development
Committee recommend approval on June 11, 2018.
MOTION: Adopt Ordinance No. _____, which amends the Comprehensive
Plan Land Use map designations relating to annual docket applications CPA-
2017-4, CPA-2017-5, and CPA2017-6, as recommended by the Economic and
Community Development Committee.
EXHIBITS: Ordinance with Exhibits, Staff Report, SEPA Addendum
RECOMMENDED BY: Economic and Community Development Committee
YEA: Boyce, Troutner, Kaur NAY:
BUDGET IMPACT: None
STRATEGIC PLAN GOAL(S):
☒ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging
technologies, and fostering new opportunities and industries that benefit our community.
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community
partnerships.
1 Comprehensive Plan Amendments -
Land Use Plan Map Designations
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending the
Comprehensive Plan Land Use Plan Map
designations in compliance with the requirements
of the Growth Management Act (CPA-2017-4, CPA-
2017-5, CPA-2017-6).
RECITALS
A. The Washington State Growth Management Act (“GMA”)
requires internal consistency among comprehensive plan elements.
B. To assure that comprehensive plans remain relevant and up
to date, the GMA requires each jurisdiction to establish procedures
whereby amendments to the plan are considered by the city council, and
limits these amendments to once each year unless certain circumstances
exist.
C. The City of Kent has established a procedure for amending
the Comprehensive Plan in chapter 12.02 of the Kent City Code, which sets
a deadline of September 1st of each year for submittal of requests for
comprehensive plan amendments.
D. The city received three timely applications to amend the
comprehensive plan’s land use designation map. The applications involve
parcels located at: (1) 25601 and 25611 100th Pl SE (CPA-2017-4), (2)
2 Comprehensive Plan Amendments -
Land Use Plan Map Designations
25913, 26007, 26015, 26041 and 26047 116th Ave SE, and 11404, 11426
and 11504 SE Kent Kangley Rd (CPA-2017-5), and (3) 2526 S 272nd Street
(CPA-2017-6).
E. The parcels located at 25601 and 25611 100th Pl SE are
currently designated Single Family Residential, eight units per acre (SR-8),
and the applicants are requesting a plan designation of Mixed Use (MU)
(CPA-2017-4).
F. The parcels located at 116th Ave SE and Kent Kangley are
currently designated Single Family Residential, eight units per acre (SR-8),
and the applicants are requesting a plan designation of Medium Density
Multifamily (MDMF) (CPA-2017-5).
G. The parcel located at 2526 S 272nd Street is currently
designation Mixed Use (MU) on the south half and Low Density Multifamily
(LDMF) on the north half. The applicants are requesting a plan designation
of Commercial (C) on the north half.
H. The City of Kent Land Use and Planning Board considered
these amendment requests at a regularly scheduled workshop on February
12, 2018, and at a public hearing on March 26, 2018, as well as at a
workshop on May 14, 2018. The Economic and Community Development
Committee considered the applications at its meeting on June 11, 2018.
I. The City’s SEPA responsible official issued a SEPA Addendum
for the proposed amendments on March 8, 2018.
J. On February 20, 2018, the Washington State Department of
Commerce granted expedited review for the proposed amendments. No
comments were received.
3 Comprehensive Plan Amendments -
Land Use Plan Map Designations
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Incorporation of Recitals. The preceding recitals are
incorporated herein by this reference and constitute the city council’s
findings on this matter.
SECTION 2. – Amendment. The Kent Comprehensive Plan is
hereby amended to establish new land use plan map designations for the
following parcels:
A. For the property located at 25601 and 25611 100th Pl SE,
from a land use designation of Single Family Residential, eight units per
acre (SF-8) to a land use designation of Mixed Use (MU), as depicted in
the map attached and incorporated as Exhibit “A” (CPA-2017-4), with the
following condition: construction of a private street to provide safe access
(meeting the requirements of the City of Kent Design and Construction
Standards) to the public ROW (101st Ave SE) for the subject parcels and
other 8 single family lots to the south, and removal of the private street
connection to 256th Street.
B. For the properties located at 25913, 26007, 26015, 26041
and 26047 116th Avenue SE, and at 11404, 11426 and 11504 SE Kent
Kangley Road, from a land use designation of Single Family Residential,
eight units per acre (SF-8) to a land use designation of Medium Density
Multifamily (MDMF), as depicted in the map attached and incorporated as
Exhibit “B” (CPA-2017-5).
C. For the property located at 2526 S 272nd Street, from a land
use designation of Low Density Multifamily (LDMF) to a land use
4 Comprehensive Plan Amendments -
Land Use Plan Map Designations
designation of Mixed Use (MU), as depicted in the map attached and
incorporated as Exhibit “C” (CPA-2017-6).
SECTION 3. – 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 4. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 5. – 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
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Comprehensive Plan Amendment Requests
for 2017/2018
Docketed Items #CPA-2017-4, #CPA-2017-5, #CPA-2017-6
Introduction
The City received three applications submitted by private property owners for
amendments to the Comprehensive Plan Land Use Map during the 2017 docket
process. The three proposals are classified as CPA-2017-4, CPA-2017-5, and CPA-
2017-6. This staff report includes background information, an analysis of public
benefit, maps, and a staff recommendation for each proposal. Analysis and
recommendations are based upon the standards of review listed in Kent City Code.
Proposal Name Addresses Existing
Designation
Requested
Designation
CPA-
2017-4
Alan
Clark
25601 100th Pl SE
25611 100th Pl SE
SF-8 (Single
Family 8
Units/Acre)
MU (Mixed Use)
CPA-
2017-5
Uddin 25913 116th Ave SE
11404 SE Kent Kangley Rd
26007 116th Ave SE
26015 116th Ave SE*
26041 116th Ave SE
11426 SE Kent Kangley
11504 SE Kent Kangley*
26047 116th Ave SE
SF-8 (Single
Family 8
Units/Acre)
MDMF (Medium
Density Multifamily)
CPA-
2017-6
272nd
I-5
LLC
2526 S 272nd Street LDMF (Low
Density
Multifamily)
C (Commercial)
Staff
Recommendation:
MU (Mixed Use)
*These properties have not signed on to the applicant’s proposal.
Proposal CPA-2017-4
Applicant requests redesignation from SR-8 to MU.
Background:
The site consists of two tax parcels, which combined comprise .59 acres. The
site sits on the East Hill, just south of Canyon Drive and west of 100th Place SE. The
current land use designation is Single-Family (8 units/acre). Parcels east of the site
are designated Mixed Use, and parcels west and north of the site are designated
Medium Density Multifamily. To the south, a small number of parcels are zoned
Single Family (8 units/acre). These approximately dozen parcels south of the site,
combined with the site, form a small “island” of land designated Single-Family
between larger Medium Density Multifamily and Mixed Use designated areas.
Existing improvements on the site include two single-story residences. Soil on the
site is Alderwood gravelly sandy loam, according to the USDA web soil survey. King
County Metro routes 159 and 164 serve the site along Kent Kangley Road, as well
as Dial-A-Ride (DART) routes 914 and 916.
The intent of the redesignation is to pursue a rezone and develop the
property as a mixed use development, with commercial and office uses along
Canyon Drive and residences behind. However, the mixed use designation also
supports zoning for commercial only, or zoning for single family, duplexes or
townhouse units only. Existing access to the site as well as to the single-family lots
south of the site is provided by a private street (100th Pl SE). This existing
connection is nonconforming and in need of safety improvements. The development
concept submitted with the application includes removal of the private roadway,
closure of the nonconforming access, and construction of a new access to the public
ROW 101st Ave SE for the subject site as well as the single-family lots to the south.
Regardless of whether this particular development concept moves forward, the
closure of nonconforming access and construction of new access to the public ROW
101st Ave SE will be required as part of any development.
Relevant Comprehensive Plan Goals and Policies:
Policy LU-3.1: Encourage mixed-use development that combines retail, office, or
residential uses to provide a diverse and economically vibrant Urban Center and
designated Activity Centers.
Staff comment: For the site to be designated as mixed use would fulfill the intent of
encouraging mixed use development, although not guarantee it.
Policy LU-6.3: Locate housing opportunities with a variety of densities within close
proximity to employment, shopping, transit, human and community services.
Staff Comment: The site is located within close proximity to transit, restaurants and
businesses, religious institutions, some shopping and medical services. Additional
density in this location would fulfill the intent of this policy.
Goal LU-7: Kent will provide opportunities for a variety of housing types, options
and densities throughout the City to meet the community’s changing demographics.
Staff comment: The majority of Kent’s residential areas are single-family, so for
this site to become designated and eventually rezoned and redeveloped as mixed
use with multifamily would provide more variety of housing types, options and
density than currently exists.
Goal H-2: Encourage a variety of housing types.
Staff comment: Changing the site’s designation from single-family to mixed use
with multifamily will encourage more variety of housing types since Kent’s
residential areas are majority single-family.
Policy H-2.2: Encourage infill development and recycling of land to provide
adequate residential sites.
Staff comment: Designating the site as mixed use with eventual development
including multifamily residential would encourage infill development.
Policy T-1.1: Locate commercial, industrial, multifamily and other uses that
generate high levels of traffic in designated activity centers around intersections of
principal or minor arterials, or around freeway interchanges.
Staff comment: The site is located just off a principal/minor arterial. Multifamily
residential and commercial development as part of a mixed use project on the site
would be compatible with the intent of this policy.
Goal E-3: Create connections for people and places.
Staff comment: Given the site’s visibility from a major roadway, a mixed use
development on the site would create more connections than the existing single-
story residences. The connections could include people walking from nearby areas
to visit the commercial or office component, and the resolved access issue would be
cause for more conforming connections to the area generally.
Applying the Standards of Review:
1. The amendment will not result in development that will adversely affect the
public health, safety, and general welfare.
Staff comment: Any development that occurs as a result of redesignating the site
as mixed use will not adversely affect public health, safety or general welfare.
Public safety would be improved by the removal of the existing nonconforming
access and the provision of new compliant access.
2. The amendment is based upon new information that was not available at the
time of adoption of the comprehensive plan, or that circumstances have changed
since the adoption of the plan that warrant an amendment to the plan.
Staff comment: The need for housing variety and options has been increasing
nearly every month in this region due to population and job growth and housing
demand. Additionally, changes in market preferences result in increasing demand
for multifamily and mixed use living.
3. The amendment will result in long-term benefits to the community as a whole
and is in the best interest of the community.
Staff comment: The community will benefit from having increased commercial or
office singly or as part of a mixed use development in this location, as this area is a
desirable destination for residents to visit existing commercial/office. It is in the
best interest of the community for parcels with the highest visibility to have a
mixture of uses including commercial or office, and mixing uses within a site is in
the best interest of the community due to the lower demands placed on city
infrastructure when residences are placed in close proximity to other uses.
4. The amendment is consistent with other goals and policies of the comprehensive
plan, and that the amendment will maintain concurrency between the land use,
transportation, and capital facilities elements of the plan.
Staff comment: The amendment meets several goals and policies in the
comprehensive plan and maintains concurrency.
Recommendation:
Staff recommends approval, with the following conditions: construction of a private
street to provide safe access (meeting the requirements of the City of Kent Design
and Construction Standards) to the public ROW (101st Ave SE) for the subject
parcels and other 8 single family lots to the south, and removal of the private street
connection to 256th Street.
Proposal CPA-2017-5
Applicant requests redesignation from SR-8 to MDMF.
Background:
The site consists of nine parcels totaling 9.3 acres in size. All parcels are
designated Single-Family (8 units per acre). The site sits north of Kent-Kangley
Road and west of 116th Ave SE, on Kent’s East Hill. King County Metro routes 159
and 164 serve the site along Kent Kangley Road, as well as Dial-A-Ride (DART)
route 914. Existing structures include a variety of small one-story buildings (six
single-family homes, three duplexes, two carports, two detached garages, a
storage shed, and a wood-frame daycare center). One parcel is undeveloped. Soil
type is Alderwood gravelly sandy loam, according to Web Soil Survey data from
USDA. Parcels to the east of the site are designated Single-Family (6 units per acre)
and Mixed Use. Parcels north and south of the site are designated Low Density
Multifamily. Parcels west of the site are zoned Medium Density Multifamily. The
applicant is requesting redesignation to medium density multifamily in order to
develop the property into a market rate multifamily community, although amending
the land use plan map designation does not guarantee the development proposal
will occur. A land use plan map designation of medium density multifamily
residential would also allow zoning for single family or duplex development.
Seven of the nine parcels’ property owners have signed on to the application;
two have not. These two parcels can still be considered for a land use plan map
amendment according to Kent City Code 12.02.045 (B), which gives staff the ability
to expand the geographic scope of an amendment based on the effects to the
surrounding area and future development. Staff have therefore considered the two
properties along with the rest of the group, particularly for the purpose of
considering future development opportunity.
Relevant Comprehensive Plan Goals and Policies:
Policy LU-6.3: Locate housing opportunities with a variety of densities within close
proximity to employment, shopping, transit, human and community services.
Staff Comment: The site is located within close proximity to transit, restaurants and
businesses, religious institutions, some shopping and medical services. Additional
density in this location would fulfill the intent of this policy.
Goal LU-7: Kent will provide opportunities for a variety of housing types, options
and densities throughout the City to meet the community’s changing demographics.
Staff comment: The majority of Kent’s residential areas are single-family, so for
this site to become designated and eventually rezoned and redeveloped as
multifamily would provide more variety of housing types, options and density than
currently exists.
Goal H-2: Encourage a variety of housing types.
Staff comment: Changing the site’s designation from single-family to multifamily
will encourage more variety of housing types since Kent’s residential areas are
majority single-family.
Policy H-2.2: Encourage infill development and recycling of land to provide
adequate residential sites.
Staff comment: Designating this underutilized land as multifamily would encourage
infill development.
Policy T-1.1: Locate commercial, industrial, multifamily and other uses that
generate high levels of traffic in designated activity centers around intersections of
principal or minor arterials, or around freeway interchanges.
Staff comment: The site is located at the intersection of a minor arterial and a
principal arterial. Multifamily development on the site would be compatible with the
intent of this policy.
Applying the Standards of Review:
1.The amendment will not result in development that will adversely affect the
public health, safety, and general welfare.
Staff comment: Any development that occurs as a result of redesignating the site
as multifamily will not adversely affect public health, safety or general welfare.
2. The amendment is based upon new information that was not available at the
time of adoption of the comprehensive plan, or that circumstances have changed
since the adoption of the plan that warrant an amendment to the plan.
Staff comment: The need for housing variety and options has been increasing
nearly every month in this region due to population and employment growth.
3. The amendment will result in long-term benefits to the community as a whole
and is in the best interest of the community.
Staff comment: Expanding the multifamily designation could benefit the community
as a whole by providing more potential housing options within an area that already
has multifamily development.
4. The amendment is consistent with other goals and policies of the comprehensive
plan, and that the amendment will maintain concurrency between the land use,
transportation, and capital facilities elements of the plan.
Staff comment: The amendment meets several goals and policies in the
comprehensive plan.
Recommendation:
Staff recommends approval.
Proposal CPA-2017-6
Applicant requests redesignation from LDMF to C.
Background:
The site consists of one tax parcel, of 2.3 acres in size. The southern portion
of the site is designated Mixed Use while the north half is designated Low Density
Multifamily Residential. The property is located just west of Interstate 5, along the
southern boundary of Kent’s West Hill. There is one single-family residential
structure on the property, along with one detached garage. The terrain slopes
generally downward from east to west and somewhat from south to north. At the
south end of the site along the frontage, the slope is approximately 7%. Along the
northern boundary of the site, the slope is closer to 12%. The soil type is
Alderwood gravelly sandy loam according to the USDA’s Web Soil Survey.
Neighboring properties are zoned Single Family to the east (where Sound Transit
will be building the South 272nd Street light rail station as part of the Federal Way
Link Extension project) and Medium Density Multifamily Residential to the west. To
the south, Federal Way has designated the properties across South 272nd Street as
Multifamily Residential. The general vicinity of the property has a mix of multifamily
and single family zones, with Midway Transit Community and Commercial
Manufacturing zones along Highway 99, and “Community Business” zone in Federal
Way. A large wetland exists to the northwest of the property. King County Metro
routes 183 and 190 serve the site along S 272nd Street.
Access: Due to the split-zoned nature of the site, the applicant
pursued a development concept in which commercial uses on the south are
complemented by residential uses (townhouses) on the north. With Sound
Transit’s plans progressing rapidly on the property to the east, extensive
coordination has taken place related to access and vehicle traffic. The vehicle
activity on 26th Avenue (east of the subject property) is likely to increase
dramatically with the light rail station, parking garage, and rebuilt street
section; the applicant is pursuing a traffic study to determine appropriate
access locations. The original intent of the comprehensive plan amendment
and possible future rezone, as stated on the application, was to allow
commercial development rather than residential, as the applicant was under
a misapprehension related to the number of access points required. (The
application for the amendment states, “The fire marshal was adamant that
we provide at least one more additional access point was required to serve
the residential portion of the project [sic].”) In fact, townhouses or
commercial would make no difference for number of access points; the
development concept as presented by the applicant in a pre-application
meeting was deemed acceptable from an access standpoint, as is
represented in the pre-app notes and as was confirmed via email by Puget
Sound Fire Authority staff. Additionally, further communication with the
applicant makes clear that several development concepts are still being
considered—most recently, mixed use development (residential above
commercial, for a transit-oriented development).
Consistency: The more general intent of the application was for a
consistent land use designation (the application states, “…it makes sense to
amend the current land use designation of the north half to the same as the
south”)—yet the applicant was requesting a different land use designation for
the north half (Commercial) than exists on the south half (Mixed Use).
Therefore, staff are proposing to amend the land use map
designation so that the entire site is Mixed Use. This scenario would
allow a rezone to Community Commercial or Community Commercial Mixed
Use (or General Commercial, General Commercial Mixed Use, or
Townhouse/Condo MRT-16, which is what the north half of the site is zoned
now).
Relevant Comprehensive Plan Goals and Policies:
Goal LU-9: Kent will promote orderly and efficient commercial growth within
existing commercial districts in order to maintain and strengthen commercial
activity, and maximize the use of existing public facility investments.
Staff Comment: The site is not within an existing commercial district as it is
generally surrounded by residential areas. However, the light rail project would be a
“public facility investment” that could be maximized as per the intent of this goal.
The policies under this goal (LU-9.1 and LU-9.2) focus on encouraging infill
development in existing commercial areas, the intent of which would not be met by
a redesignation and eventual rezone and development of this site as commercial.
These policies may not have taken such a large public facility investment into
account, however. Additionally, the entire site being redesignated as mixed use
would promote more orderly and efficient development on this particular site, as
the split-zoned nature may have resulted in a less well integrated development
concept.
Policy LU-10.4: Promote redevelopment of existing commercial properties by
limiting the conversion of additional residential land use plan map designations to
commercial land use plan map designations.
Staff comment: The intent of this policy is specifically at odds with redesignating
the site to commercial. The intent is less clear with regards to redesignating the site
as mixed use. Creating a more viable development opportunity through consistent
mixed use designation may promote redevelopment of the existing commercial
piece of the property.
Policy LU-11.5: Consider neighborhood urban centers where appropriate to add
convenient commercial opportunities and gathering places.
Staff comment: The light rail project coming to this area may create a de facto
neighborhood urban center by being a major node for travelers in the region. The
light rail station may also serve as an amenity, as it potentially includes gathering
places (current plans for the light rail station show some walking paths and seating
areas aside from transit spaces). Redesignating this site to mixed use, and further
rezoning and redeveloping the site as such, could add a convenient commercial
opportunity to this neighborhood urban center. Additionally, if a mixed use project
is pursued, the mixed use design review criteria of 15.09.045 (F) would apply,
which require common recreation areas—which could meet the intent of the
“gathering places” portion of this policy.
Policy LU-6.3: Locate housing opportunities with a variety of densities within close
proximity to employment, shopping, transit, human and community services.
Staff comment: A redesignation to mixed use would allow for mixed use
development including residential in close proximity to a major transit facility (as
well as whatever commercial, shopping, employment or services might be a part of
the mixed use development itself). However, commercial-only uses are also
possible under this designation, which would not meet the intent of this policy with
regards to transit.
Policy T-1.1: Locate commercial, industrial, multifamily and other uses that
generate high levels of traffic in designated activity centers around intersections of
principal or minor arterials, or around freeway interchanges.
Staff comment: The site is located near a freeway interchange and a high-capacity
transit facility, so commercial, residential, or mixed use development on the
property would meet the intent of this policy.
Policy T-1.4: Adopt and maintain policies, codes and land use patterns that promote
walking, biking, public transportation and social interaction to increase public health
and sense of place.
Staff comment: The existing multifamily designation would fit the intent of this
policy, as locating multifamily residential land uses near public transportation
(known as “transit-oriented development” or TOD) is a classic method for achieving
the goals of promoting non-motorized travel. Redesignating the site as commercial
would not fit with the intent of this policy. Redesignating the site as mixed use, as
staff is proposing, would fit the intent of this policy as it would allow for mixed use
(including residential) development.
Goal H-2: Encourage a variety of housing types.
Staff comment: The existing multifamily designation would better fit the intent of
this goal and accompanying policies than a commercial designation. However, if the
site is redesignated as mixed use and develops as mixed use, this could meet the
intent of the policy as the housing provided by mixed use development is still
relatively rare in Kent.
Applying the Standards of Review:
1. The amendment will not result in development that will adversely affect the
public health, safety, and general welfare
Staff comment: Any development that occurs as a result of redesignating the site
as mixed use will not adversely affect public health, safety or general welfare.
There are regulations in place to ensure noise and lighting from commercial
development would not encroach on any residential development on this or
neighboring properties. Traffic circulation close to the light rail station is
anticipated to be busy and could prove challenging; however, a traffic study will be
required (and is being undertaken already) to ensure proper circulation is provided.
2. The amendment is based upon new information that was not available at the
time of adoption of the comprehensive plan, or that circumstances have changed
since the adoption of the plan that warrant an amendment to the plan.
Staff comment: The current split land use plan map designation of low density
multifamily for the north half of the site and mixed use for the south half of the site
occurred as a compromise resulting from public testimony during the
comprehensive plan update in 2015. Station design for the light rail project has
advanced considerably in recent years, and the site constraints as a result of that
station design have resulted in the need for reduced barriers to development; split-
zoning on the site may be one such barrier, as it does not allow for as much
flexibility as a site with only one type of zoning. (For example, residential
development is only possible behind commercial development under the current
zoning; if the applicant pursues a rezone and the entire site is consistent,
residential might be possible above commercial as well.)
3. The amendment will result in long-term benefits to the community as a whole
and is in the best interest of the community.
Staff comment: The community could benefit from mixed use opportunities in close
proximity to the light rail station. Commuters using the transit system could take
advantage of the close proximity to pick up necessities or run errands before
heading home, and residents of a mixed use development could take advantage of
frequent transit at their doorstep.
4. The amendment is consistent with other goals and policies of the comprehensive
plan, and that the amendment will maintain concurrency between the land use,
transportation, and capital facilities elements of the plan.
Staff comment: The amendment has mixed results as far as meeting goals and
policies in the Comprehensive Plan. Bringing light rail to this area provides a unique
situation; the station design and layout were not known when the Comprehensive
Plan was last updated and they present challenges to development on this site,
which may be mitigated by applying consistent land use designation of mixed use
across the entire site.
Recommendation:
Staff recommends redesignating the north half of the site Mixed Use. As stated
previously, the applicant pursued a redesignation of Commercial, but the real need
is for consistency with the south half of the site which is currently designated Mixed
Use. This would result in more options, rather than fewer, for development
concepts on this unique site.
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KENT
ECONOMIC And COMMUNITY DEVELOPMENT
Kurt Hanson, Director
PLANNING SERVICES
Charlene Anderson, AICP, Long Range Planning Manager
Phone: 253-856-5454
Fax: 253-856-6454
\ /A s H r N G T o ñ
220 Fourth Avenue S
Kent, WA 98032-5895
ADDENDUM TO CITY OF KENT COMPREHENSIVE PLAN REVIEW AND MIDWAY
SUBAREA PLANNED ACTION ENVIRONMENTAL IMPACT STATEMENT (EIS)
(#ENV-2O1O-3) AND CrTY OF KENT DOWNTOWN SUBAREA ACTTON PLAN
PLAN N ED ACTION SU PPLEM E NTAL E NVIRON M ENTAL IM PACT STATEM ENT
(sErs) (#ENV-2O12-3O)
KENT COMPREHENSIVE PLAN
LAND USE PLAN MAP AMENDMENTS
cPA-2o17-4 (A) / RPP6-2L7348O1 CPA-2O17-5 (B) | RPP6-2L7347a;
CPA-2O17-6 (C) | RPP6-2L73476
Responsible Official: Charlene Anderson
SCOPE
The City of Kent has completed environmental analysis/ pursuant to the State
Environmental Policy Act (SEPA), for 2OL7 docketed items to amend the City of Kent
Comprehensive Plan Land Use Map designation for three sites. One site contains two
properties on East Hill to be redesignated from Single Family to Mixed Use; one site
contains nine properties on East Hill to be redesignated from Single Family to
Multifamily; one site contains half of a property located in southwest Kent to be
redesignated from Multifamily to Commercial. The applicants are all interested in
pursuing rezones for these properties, and furthermore, the applicants intend to
apply for permits to develop the properties,
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25611 1ooth Pt SE
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Comprehensive Plan Addendum
2017 Docket Amendments to the Comprehensive Plan Land Use Map
lcPA-20t7-[4-6]
Alternatives under consideration include:
1-
Proposal A would be redesignated Mixed Use; Proposal B would be redesignated
Medium Density Multifamily; Proposal C would be redesignated Commercial,
signed the applications:
Proposals A and C would be redesignated as per the applicants' requests.
Proposal B would be treated as follows: the seven of nine parcels whose property
owners have signed on to the application would be redesignated as per the
applicants' requests. The two parcels whose property owners have not signed on to
the application would remain with the current designation of Single Family (B units
per acre).
Ootion 3 - Aoorove onlv those orooosals for which all properties have siqned on to
the applications:
Proposals A and C would be redesignated as per the applicants' requests. Proposal B
would retain the existing designation of Single Family (B units per acre) for all
properties.
The Comprehensive Plan and Midway Subarea Planned Action EIS, draft and final,
evaluated the growth potential as identified in the City's Comprehensive Plan. The
proposals would amend the land use plan map for less than 12 acres of property at
most.
SEPA COMPLIANCE
On February 13, 20L0, the City of Kent issued a Determination of Significance (DS)
and Notice of Scoping for the City of Kent Comprehensive Plan Review and Midway
Subarea Planned Action (ENV-2010-3). The City solicited public comment on the
scope of the DEIS during the comment period and on October 22,2010, the City of
Kent issued a Draft EIS. The Final EIS was issued and distributed on September 1,
zOtL. No appeals to the EIS were filed,
In 20t2, the City of Kent Downtown Subarea Action Plan Planned Action
Supplemental Environmental Impact Statement (SEIS) analyzed three alternatives
and evaluated several env¡ronmental elements associated.with the update to the
Downtown Subarea Action Plan (DSAP) (ENV-2012-30). The SEIS also evaluated a
lower level of growth in the Midway area than was evaluated in the City of Kent
Comprehensive Plan Review and Midway Subarea Planned Action EIS. The Draft SEIS
was issued in June, 20t3, and the Final SEIS was issued in October,20L3. No appeal
to the SEIS were filed,
No additional impacts are identified from the land use plan map that was evaluated in
the City's Comprehensive Plan and Comprehensive Plan EIS and subsequent
addenda.
h
Page 2 of 5
Comprehensive Plan Addendum
2017 Docket Amendments to the Comprehensive Plan Land Use Map
lcPA-20t7-ï4-61
STATEMENT OF CONSISTENCY
This proposal is a non-project action pursuant to WAC L97.LL. Future projects
associated with the land use plan map amendment will be subject to and shall be
cons¡stent with the following: City of Kent Comprehensive Plan, the Kent City Code,
International Fire Code, International Building Code, Public Works Standards and all
other applicable laws and ordinances in effect at the time a complete project permit
application is filed.
ENVIRONMENTAL REVIEW - SCOPE OF ADDENDUM
The City of Kent has followed the process of phased environmental review as it
undertakes actions to implement the Comprehensive Plan. The State Environmental
Policy Act (SEPA) and rules established for the act, WAC 197-11, outline procedures
for the use of existing environmental documents and preparing addenda to
environ mental decisions,
Nonproject Documents - An EIS prepared for a comprehensive plan, development
regulation, or other broad based policy documents are considered "non-project," or
programmatic in nature (see WAC 197-LI-704).
Phased Review - SEPA rules allow environmental review to be phased so that review
coincides with meaningful points in the planning and decision making process, (WAC
L97-L1-060(5)), Broader environmental documents may be followed by narrower
documents that incorporate general discussion by reference and concentrate solely
on issues specific to that proposal. SEPA rules also clearly state that agencies shall
use a variety of mechanisms, including addenda, adoption and incorporation by
reference, to avoid duplication and excess paperwork. Future projects identified and
associated with the comprehensive plan land use map designation amendments may
require individual and separate environmental review, pursuant to SEPA. Such review
will occur when a specific project is identified.
Prior Environmental Documenfs - The City of Kent issued a Draft Environmental
Impact Statement (DEIS) for the Comprehensive Plan and Midway Subarea Planned
Action on October 22,20L0, and a Final EIS on September 1, 20Lt (#ENV-2010-3).
The Midway Subarea Plan, Midway Design Guidelines, amendments to development
regulations, Land Use Plan and Zoning Districts Maps were adopted by the City
Council on December 13, 20LL The City of Kent issued a Draft Downtown Subarea
Action Plan Planned Action Supplemental Environmental Impact Statement (SEIS) in
June, 20L3, and a Final SEIS in October,20t3 (ENV-2012-30). The SEIS evaluated a
lower level of growth in the Midway area than was evaluated in the Comprehensive
Plan Review and Midway Subarea Planned Action EIS. The Comprehensive Plan
Update was adopted by the City Council on September L,20L5, and included an
Addendum to the 20LL EIS and 20L3 SEIS,
The proposed amendments to the land use plan map in the Comprehensive Plan are
generally consistent with the Comprehensive Plan Review and Midway Subarea
Planned Action EIS and the Downtown Subarea Action Plan Planned Action
Page 3 of 5
Comprehensive Plan Addendum
2017 Docket Amendments to the Comprehensive Plan Land Use Map
lcPA-2017-[4-6]
Supplemental EIS, in that they do not contemplate r,rore growth than was
contemplated in those documents, The proposals that would result in more land
being designated Mixed Use or Multifamily specifically implement policies outlined in
the Comprehensive Plan, and the proposal for redesignation to Commercial is of
sufficiently small size (1,2 acres would be redesignated if approved) to still be within
the realm of what was contemplated in the Comprehensive Plan, Traffic impacts
associated with the Commercial land use designation are required to be analyzed and
mitigated via development review, and that traffic analysis is underway at the time of
this writing,
As outlined in the SEPA rules, the purpose of an addendum is to provide
environmental analysis with respect to the described actions. This analysis does not
identify significant adverse impacts or significantly change the prior environmental
analysis; therefore it is prudent to utilize the addendum process as outlined in WAC-
Le7-11-600(a)(c).
ENVIRON M ENTAL ELEM ENTS
All environmental elements were adequately addressed within the parameters of
existing codes and ordinances, as well as the City of Kent Comprehensive Plan
Review and Midway Subarea Planned Action EIS and the Dr¡wntown Subarea Action
Plan Planned Action Supplemental EIS, drafts and final. Furtl','.er, subsequent "project"
or nonproject actions would require the submittal of separate environmental
checklists/ pursuant to SEPA, which will be analyzed for consistency with the original
mitigating conditions identified in the EIS and may require new mitigation based
upon site-specific conditions.
The amendments to the land use plan map implement the goals and policies
identified in the Land Use, Housing and Transportation Elements of the City's
Comprehensive Plan, as follows:
. Policy LU-3.1: Encourage mixed-use development that combines retail, office,
or residential uses to provide a diverse and economically vibrant Urban Center
and designated Activity Centers.. Policy LU-O.S: Locate housing opportunities with a variety of densities within
close proximity to employment, shopping, transit, human and community
services.. Goal LU-7: Kent will provide opportunities for a variety of housing types,
options and densities throughout the City to meet the community's changing
demographics.. Goal H-2: Encourage a variety of housing types. ,
. Policy H-2.2: Encourage infill development and recycling of land to provide
adequate residential sites. l. Policy T-1.1: Locate commercial, industrial, multifar,ily and other uses that
generate high levels of traffic in designated activity centers around
intersections of principal or minor arterials, or around freeway interchanges,
" Goal E-3: Create connections for people and places
Page 4 of 5
Comprehensive Plan Addendum
Amendments to the Comprehensive Plan Land Use Map
IcPA-2017-[4-6]
Goal LU-9: Kent will promote orderly and efficient commercial growth within
existing commercial districts in order to maintain and strengthen commercial
activity, and maximize the use of ex¡sting public facility investments,
Policy LU-11,5: Consider neighborhood urban centers where appropriate to add
convenient commercial opportunities and gathering places.
Policy T-1,1: Locate commercial, industrial, multifamily and other uses that
generate high levels of traffic in designated activity centers around
intersections of principal or minor arterials, or around freeway interchanges,
SUMMARY AND RECOMMENDATION
SUMMARY
Kent City Code section 11.03.510 identifies plans and policies from which the City
may draw substantive mitigation under the State Environmental Policy Act. This non-
project action has been evaluated in light of those substantive plans and policies as
well as within the overall analysis completed for the City's Comprehensive Plan
Review and Midway Subarea Planned Action EIS and Downtown Subarea Action Plan
Planned Action Supplemental EIS.
DECISION
The City of Kent Comprehensive Plan Review, the Midway Subarea Planned Action
EIS and Downtown Subarea Action Plan Planned Action Supplemental EIS along with
the drafts and final; provided analysis with regard to the implementation of the
Comprehensive Plan elements, goals and policies. This includes the implementation
of the Land Use, Housing and Transportation Elements, The City has reviewed the
20L7 Docket ltems to amend the land use plan map proposals and has found them to
be consistent with the range, types and magnitude of impacts and corresponding
mitigation outlined in aforementioned documents.
This analysis and subsequent addendum did not identify any new significant impacts
associated with the proposed amendments. Therefore, thls addendum, combined
with the Comprehensive Plan Review and Midway Subarea Planned Action EIS and
Downtown Subarea Action Plan Planned Action Supplemental EIS, adequately
evaluates potential adverse environmental impacts anri provides appropriate
mitigation for this non-project action. Based upon this analy;lis, a separate threshold
determination is not required.
Dated: March B, 2018
Signature:
Charlene Anderson, AICP, SEPA Responsible Official
HB:pm S.'\Per¡n it\Ptan\ENV\2017\CPA-2017-1-2017 Comprehensive Ptan Land use Map Amendnents EIS Addendum.docx
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Agenda Item: Consent Calendar – 8J_
TO: City Council
DATE: June 19, 2018
SUBJECT: Ordinance Amending KCC 7.01 – Utility Service Billing – Adopt
SUMMARY: This ordinance repeals and replaces Chapter 7.01 of the Kent City Code
to allow desired changes to the City’s business processes, including:
•Removal of the notary requirement for Lifeline applications to streamline the
process for applicants and City staff, and to simplify the ability to perform a
yearly renewal process;
•Allowing low-income residents who care for a permanently disabled child to
apply for Lifeline rates;
•Providing residents an opportunity to appeal perceived billing errors prior to
water service interruption; and
•Removing the two-tiered shut-off fee and replacing it with a single fee.
These changes will have minimal impact on revenues. Replacement of the two-tiered
shut-off fee with a single fee structure will result in a slight increase in revenues.
The amendments will help to identify individuals who no longer qualify for Lifeline by
simplifying the ability to perform annual account audits. It is difficult to estimate the
impact of this audit due to the unknown number of applicants that no longer qualify
for reduced rates, but the impact is not expected to be material.
EXHIBITS: Ordinance
RECOMMENDED BY: Operations Committee
YEA: Boyce, Higgins, Thomas NAY:
BUDGET IMPACT: N/A
STRATEGIC PLAN GOAL(S):
☒ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging
technologies, and fostering new opportunities and industries that benefit our community.
☒ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong sense of
belonging.
MOTION: Adopt Ordinance No. _______, repealing and replacing Chapter
7.01 of the Kent City Code to update the Lifeline program application
requirements, add an appeal process for perceived billing errors, and to
remove the two-tiered shut-off fee.
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1 Replace Chapter 7.01 KCC –Collection of
Delinquent Utilities & Lifeline Utility Rate
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, replacing Chapter 7.01 of
the Kent City Code concerning the billing and
collection for utility services, adding an
administrative appeal process, and refining the
application and approval process for rate
reductions under the lifeline program for low-
income citizens who are also seniors or disabled.
RECITALS
A. Utilities are collected by the City’s Finance Department in
accordance with Chapter 7.01 of the Kent City Code.
B. The lifeline program offers utility rate reductions for those
low-income citizens who are also either senior citizens or totally and
permanently disabled. The Finance Department has recommended that
amendments be made to refine the application process by making it more
consistent with surrounding jurisdictions and streamlining the process for
applicants and City staff.
C. The Law Department has also recommended codifying an
informal appeal process through which customers may challenge perceived
billing errors prior to water service being shut-off due to non-payment.
Notification of this appeal process will be expressly provided at the time
notice of the water shut-off date is provided.
2 Replace Chapter 7.01 KCC –Collection of
Delinquent Utilities & Lifeline Utility Rate
D. The ordinance also makes other housekeeping amendments
for clarity.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Amendment – Ch. 7.01 KCC. Chapter 7.01 of the
Kent City Code, entitled “Utility Service Billing”, is hereby repealed and
replaced with the following:
CHAPTER 7.01
UTILITY SERVICE BILLING
Sec. 7.01.010. Administration of utility billing. The customer
service manager of the city’s finance department shall be responsible for
the billing of utility services and the administration and enforcement of
utility accounts.
Sec. 7.01.020. Utility service applications. All requests for
utility service on established accounts shall be made to the customer
service division of the finance department. The request shall be made by
the owner or authorized agent of the property where service is requested.
For new utility service, the application shall be made to the public works
department for approval and then to the customer service division of the
finance department. Whenever an application for utility service is made by
an agent, the agent shall submit written authority from the property owner
authorizing such agent to receive the utility service requested. An
acknowledgment that the owner remains legally liable for all service shall
be included in this written authority.
Sec. 7.01.030. Utility accounts. All accounts for utility service
shall be kept in the name of the property owner. As provided in RCW
35.21.217, a property owner or their designee may request that the
3 Replace Chapter 7.01 KCC –Collection of
Delinquent Utilities & Lifeline Utility Rate
account be billed to tenant or property manager, and may also request
that the owner receive a duplicate bill or any notice of a residential
tenant’s delinquency. If the city provides a property owner or the owner's
designee with duplicates of residential tenant utility service bills or notice
that a tenant's utility account is delinquent, the city shall notify the tenant
that such duplicates have been provided to the owner. However, the
owner remains liable for payment of all utility service as provided by law.
Sec. 7.01.040. Payments received. All money for the payment
of utility bills shall be received by the finance customer service manager or
designee.
Sec. 7.01.050. Utility bills – due date – collection.
A. Due date. All utility bills are due and payable in the office of the
finance customer service manager within 15 days after the billing date
appearing on the bill. Bills not paid within 21 days of the billing date shall
be considered delinquent. If the 21st day falls on a legal holiday, Saturday,
or Sunday, the first business day thereafter shall be considered the 21st
day.
B. Delinquency—water or sewerage service.
1.Initial delinquency notice. The city will provide written notice
of initial delinquency in the customer’s subsequent monthly utility bill.
2.Shut-off notice. When a charge for water service, or
sewerage service in accordance with KCC 7.01.050(C), is delinquent and
has been provided an initial delinquency notice, water service shall be
subject to shut-off upon 7 calendar days’ notice to the customer. The city
will provide written notice of pending shut-off to the customer by mail,
door hanger, or other form, and a delinquent notice fee in the amount of
$10 will be assessed against the account. The notice shall advise the
customer of possible shutoff of utility service and the assessment of late
payment or related fees added to the utility account if it remains
4 Replace Chapter 7.01 KCC –Collection of
Delinquent Utilities & Lifeline Utility Rate
delinquent. A fee schedule is on file with the customer service division of
the finance department.
3.Multifamily rental units. As provided in RCW 35.21.217, if an
occupied multiple residential rental unit receives utility service through a
single utility account, if the utility account's billing address is not the same
as the service address of a residential rental property, or if the city has
been notified that a tenant resides at the service address, the city shall
make a good faith and reasonable effort to provide written notice to the
service address of pending shut-off for nonpayment at least seven
calendar days prior to disconnection.
4.Procedure. Water shut-off shall occur in accordance with this
section and any regulations the finance customer service manager may
promulgate consistent with this chapter. The following provisions apply to
any shut-off of water service and shall be included in any shut-off notice:
a.The total payment due on the account to avoid shut-off
of water service.
b.A shut-off charge of $45 will be assessed against all
delinquent accounts appearing on the city’s final shut-off report.
c. Water service may not be restored until full payment of
the delinquent account is received, including the shut-off fee.
d.A utility customer or property owner may appeal any
charges included in a utility bill to the finance customer service manager.
If an appeal to a water or sewerage bill is received by the customer service
manager prior to the water shut-off date identified in the notice, water
service will not be turned off during the appeal process. An appeal must
be made in writing, must set forth the reasons why the bill is incorrect or
otherwise not properly due and owing, and must be delivered to the
customer service division of the finance department. The customer service
manager should provide written notice of his or her decision on the appeal
within 10 business days of the manager’s receipt of the appeal. That
decision is final, and no additional appeal is available. If still applicable,
5 Replace Chapter 7.01 KCC –Collection of
Delinquent Utilities & Lifeline Utility Rate
that decision will identify the date on which water service will be shut-off if
the account is not brought current in a manner consistent with the
decision.
5.Notice to property owner. Whenever water service is in the
name of a tenant or property manager, and is subject to shutoff for
delinquency, the finance customer service division will attempt to provide a
duplicate delinquency notice to the owner of record shown on the account.
Although a duplicate delinquent notice may be sent in accordance with this
subsection, the $10 delinquent notice charge will not be assessed against
the account a second time.
C. Sewerage — Delinquency.
1.System of sewerage. Pursuant to RCW 35.67.331 and KCC
7.06.010, the city’s sanitary sewage collection and disposal system
(sewage) and the storm and surface water utility (drainage), are combined
as a “system of sewerage” as that term is defined in RCW 35.67.010. In
addition to the provisions of this chapter, delinquent and unpaid rates and
charges for sewage and drainage service shall be subject to Chapter 35.67
RCW and subsection (C)(2) of this section.
2.Delinquent sewer service rates and charges—Lien and
interest.
a.When a charge for sewerage service is delinquent, the
city shall have a lien for delinquent and unpaid charges, plus penalties,
which lien shall be made in accordance with RCW 35.67.210. Liens for
sewerage service shall be effective for a period not to exceed 12 months of
delinquent charges without the necessity of any writing or recording. In
order to make such a lien effective for more than 12 months, the finance
customer service manager shall file for recording in the office of the King
County Recorder a notice setting forth the amount of the delinquency, the
name of the owner or reputed owner who owes the bill and the description
of the lot, tract or parcel to which such lien shall attach. For each lien
recorded or released, the city shall assess against the sewerage account a
6 Replace Chapter 7.01 KCC –Collection of
Delinquent Utilities & Lifeline Utility Rate
fee in accordance with the fee schedule on file with the customer service
division as payment of the city’s costs incurred in preparing and recording
each lien or lien release. This fee is in addition to the actual fees charged
to the city by King County to record or release a lien, which fees will also
be assessed against the account. This lien may be foreclosed in an action
filed in superior court pursuant to RCW 35.67.220.
b.Interest may be added to any delinquent and unpaid
charge for sewer service in the maximum amount allowed by RCW
35.67.200.
3.Alternate collection procedure for delinquent sewerage
service—Water shut-off. As an additional method of collecting the
delinquent charges and concurrent method of enforcing the lien authorized
by RCW 35.67.200, and in accordance with the provisions of KCC
7.01.050, the city may shut-off water service to the premises to which
such sewerage service was furnished until the charges are paid and the
delinquent account is brought current. The right to enforce the lien by
cutting off and refusing water service shall be exercised in accordance with
Chapter 35.67 RCW.
Sec. 7.01.060. Remedies cumulative. The remedies set forth in
KCC 7.01.050 are not meant to be exclusive and the city may use any
alternate method of collecting delinquent charges that is available under
common law or the laws of the state.
Sec. 7.01.070. Lifeline utility rate. A utility rate reduction is
available to low-income citizens who are 62 years of age or older, are
unable to work due to a total and permanent disability, or provide care to
their child that has a total and permanent disability.
A. Definitions.
1.For purposes of this section, “low-income” means a household
of one (1) or more individuals, the adjusted gross personal income for
which all individuals living in the household does not exceed the income
7 Replace Chapter 7.01 KCC –Collection of
Delinquent Utilities & Lifeline Utility Rate
limits set annually by the federal Department of Housing and Urban
Development (“HUD”) for housing assistance in Kent.
2.For purposes of this section, “disabled” means a person who
has been determined to be permanently and totally disabled as defined by
the Social Security Administration and who receives social security benefits
or any other benefits for that disability from any governmental source.
B. Limitations. The following limitations apply to the lifeline utility rate
program:
1.The rate reduction shall only apply to utility charges for
service to residences served by a separate city meter. The residence for
which the rate reduction is requested must be the applicant’s principal
place of residence.
2.The utility account must be in the name of the applicant, the
applicant’s spouse, or the applicant’s landlord. Where the utility account is
in the name of the applicant’s landlord, the applicant may be required to
provide proof of tenancy at the property.
3.No person may claim a rate reduction for more than one
dwelling unit during the same billing period.
4.Only one rate reduction per utility will be given for each
property.
C. Application process. To qualify for the lifeline rate reduction,
persons eligible under this section must file an application with the
customer service division of the city’s finance department. Applications
may be made on behalf of a senior citizen by a family member or an
authorized representative, and applications based on a permanent and
total disability may be made on behalf of a child by a parent, legal
guardian, or other authorized representative. The customer service
manager may require applications and accompanying documentation to be
submitted annually.
8 Replace Chapter 7.01 KCC –Collection of
Delinquent Utilities & Lifeline Utility Rate
D. Processing and approval. Determination of eligibility shall be made
by the city’s customer service manager, or his or her designee, based upon
the information given in the eligible customer’s application. The customer
service manager may determine acceptable forms of proof of tenancy,
income, or disability, and such forms may include, but are not limited to,
tax documents and social security documents. If timely received, and upon
approval of the application, the applicant’s household will receive the
reduced utility rate for water and sewerage utilities beginning the first day
of the month following approval.
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. – Savings. The existing Chapter 7.01 of the Kent City
Code, which is repealed and replaced by this ordinance, shall remain in full
force and effect until the effective date of this ordinance.
SECTION 4. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 5. – 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
9 Replace Chapter 7.01 KCC –Collection of
Delinquent Utilities & Lifeline Utility Rate
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
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Agenda Item: Consent Calendar – 8K_
TO: City Council
DATE: June 19, 2018
SUBJECT: Ordinance Amending KCC 3.18 – Solid Waste Definitions – Adopt
SUMMARY: This ordinance clarifies which services are subject to the solid waste utility
tax authorized in Chapter 3.18 of the Kent City Code by adding definitions for “solid
waste” and “solid waste collection services.”
The lack of such definitions has led to confusion and inconsistent payment of utility
taxes on solid waste collection services, including commercial recycling services.
Amending the code to include these definitions will eliminate confusion as to which solid
waste services are subject to the utility tax and will ensure proper remittance of utility
tax by businesses subject to the tax on all collection services.
EXHIBITS: Ordinance
RECOMMENDED BY: Operations Committee
YEA: Boyce, Higgins, Thomas NAY:
BUDGET IMPACT: None
STRATEGIC PLAN GOAL(S):
☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community
partnerships.
MOTION: Adopt Ordinance No. _____, amending Section 3.18.010 of the
Kent City Code, to add definitions of “solid waste” and “solid waste collection
services.”
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1 Amend KCC 3.18.020 -
Re: Utility Tax - Definitions
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 3.18
of the Kent City Code to clarify provisions relating
to solid waste collection services.
RECITALS
A. The City had levied a utility tax on “garbage service” until
2003, when it amended the code to include a broader set of collection
services under the term “solid waste collection services.”
B. Although the City has changed its terminology from “garbage
service” to “solid waste collection services,” it has not provided a definition
of “solid waste” or “solid waste collection services” in Chapter 3.18. The
City has instead relied on its definition of “solid waste” from a separate
chapter of the Kent City Code, Chapter 7.03.
C. The lack of such definitions in Chapter 3.18 has led to
confusion and the inconsistent payment of utility taxes on solid waste
collection services, including commercial recycling services.
D. This amendment to Chapter 3.18 is meant to clarify the
services that are subject to the tax to ensure that those businesses subject
to the provisions of Chapter 3.18 are properly remitting the utility tax on
all collection services, including commercial recycling services.
2 Amend KCC 3.18.020 -
Re: Utility Tax - Definitions
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Amendment – KCC 3.18.010. Section 3.18.010 of
the Kent City Code, entitled “Definitions,” is amended as follows:
Sec. 3.18.010. Definitions. The following words, terms, and
phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different
meaning:
Cable television business means:
1.A system providing service pursuant to a franchise issued by
the city under the Cable Communications Policy Act of 1984 Public Law No.
98-549, 47 U.S.C. Section 521, as it may be amended or superseded; or
2.Any system that competes directly with such franchised
system by employing antennas, microwaves, wires, wave guides, coaxial
cables, or other conductors, equipment, or facilities designed, construed,
or used for the purpose of:
a.Collecting and amplifying local and distant broadcast
television signals and distributing and transmitting them;
b.Transmitting original cable-cast programming not
received through television broadcast signals; or
c.Transmitting television pictures, film, and videotape
programs not received through broadcast television signals, whether or not
3 Amend KCC 3.18.020 -
Re: Utility Tax - Definitions
encoded or processed to permit reception by only selected receivers;
provided, however, that “cable television service” shall not include entities
that are subject to charges as “commercial TV stations” under 47 U.S.C.
Section 158, as it may be amended or superseded.
Cellular telephone service means any two (2) way voice and/or data
telephone or similar communications system based in whole or in
substantial part on wireless radio communications, including cellular mobile
service, and which is not subject to regulation by the Washington State
Utilities and Transportation Commission that conflicts with or overrides this
chapter. Cellular telephone service includes other wireless radio
communications services including, without limitation, specialized mobile
radio, paging services, personal communications, and data services, and
any other evolving wireless radio communications technology that
accomplishes a purpose substantially similar to cellular telephone service.
Cellular telephone service is included within the definition of “telephone
business” for the purposes of this chapter.
Competitive telephone service means the providing by any person, firm, or
corporation of telecommunications equipment or apparatus, or service
related to that equipment or apparatus such as repair or maintenance
service, if the equipment or apparatus is of a type which can be provided
by persons that are not subject to regulation as telephone companies
under RCW Title 80 and for which a separate charge is made.
Gross income means the value proceeding or accruing from the
performance of the particular public service business involved, including
operations incidental thereto, but without any deduction on account of the
cost of the commodity furnished or sold, the cost of materials used, labor
costs, interest, discount, delivery costs, taxes, or any other expense
whatsoever paid or accrued and without any deduction on account of
4 Amend KCC 3.18.020 -
Re: Utility Tax - Definitions
losses. In addition, when determining total gross income from cellular
telephone service, “gross income” shall include all income from cellular
telephone service (including roaming charges incurred outside this state)
provided to customers whose “place of primary use” is in the city,
regardless of the location of the facilities used to provide the service. The
customer’s place of primary use is, with respect to each telephone: (a) the
customer’s address shown on the telephone service company’s records; or
(b) the customer’s place of residence if the telephone is for personal use,
and in both cases must be located within the licensed service area of the
home service provider. Roaming charges and cellular telephone charges to
customers whose place of primary use is outside the city of Kent will not
be taxable even though those cellular services are provided within the city
of Kent. There is a rebuttable presumption that the address shown on the
cellular telephone service company’s records is the place of primary use
and is accurate. If the cellular telephone service company knows or should
have known that a customer’s place of primary use address for a telephone
is within the city, then the gross income from cellular telephone service
provided to that customer with respect to that telephone is to be included
in the company’s gross income.
Network telephone service means the providing by any person, firm, or
corporation of access to a local telephone network, local telephone network
switching service, toll service, or coin telephone services, or the providing
of telephonic, video, data, or similar communication, or transmission for
hire via a local telephone network, toll line or channel, cable, microwave,
or similar communication or transmission system. “Network telephone
service” includes interstate service, including toll service, originating from
or received on telecommunications equipment or apparatus in this state if
the charge for the service is billed to a person in this state. “Network
telephone service” includes the provision of transmission to and from the
site of an internet provider via a local telephone network, toll line or
5 Amend KCC 3.18.020 -
Re: Utility Tax - Definitions
channel, cable, microwave, or similar communication or transmission
system. “Network telephone service” does not include the providing of
competitive telephone service, the providing of cable television service, the
providing of broadcast services by radio or television stations, or the
provision of internet service as defined in RCW 82.04.297, including the
reception of dial-in connection, provided at the site of the internet service
provider.
Solid waste means all putrescible and nonputrescible solid and semisolid
wastes including, but not limited to, garbage, rubbish, ashes, industrial
wastes, swill, sewage sludge, demolition and construction wastes,
abandoned vehicles or parts thereof, and recyclable materials.
Solid waste collection service means receiving solid waste for transfer,
storage, or disposal including, but not limited to, all residential and
commercial collection services, public or private solid waste disposal sites,
transfer stations, and similar operations.
Telephone business means the business of providing network telephone
service and cellular telephone service as those terms are defined in this
section and includes cooperative or farmer line telephone companies or
associations operating an exchange. “Competitive telephone service” shall
not be considered “telephone business.” Telephone business shall include
one hundred (100) percent of the business and total gross income derived
from calls originating and/or billed to subscribers within the city.
SECTION 2. – Administrative Rules. The finance director may
develop administrative rules or tax advisories to administer Chapter 3.18
and the changes made by this ordinance.
SECTION 3. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
6 Amend KCC 3.18.020 -
Re: Utility Tax - Definitions
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 4. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 5. – 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
Agenda Item: Consent Calendar – 8L_
TO: City Council
DATE: June 19, 2018
SUBJECT: Resolution Recognizing the North Scenic Neighborhood Council – Adopt
SUMMARY: The North Scenic Hill neighborhood consists of 774 households and is
located on the East Hill of Kent. On March 30, 2018, the North Scenic Hill neighborhood
submitted an official registration form to request that the City recognize their
neighborhood council and allow the neighborhood to take part in the City’s neighborhood
program. The neighborhood has now completed the process to be recognized as a
neighborhood council.
BACKGROUND: The City’s Neighborhood Program is an initiative designed to foster
better communication among residents in a geographic area and city government. The
underlying objective of the program is to provide an avenue for residents to work
together to enhance the livability of their neighborhoods.
The program encourages organization of neighborhood councils, which serve as
independent, non-profit organizations promoting resident-based efforts for
neighborhood improvements while also establishing a partnership between City
government and the neighborhoods they serve.
EXHIBITS: Resolution
RECOMMENDED BY: Economic and Community Development Committee
YEA: Boyce, Troutner, Kaur NAY:
BUDGET IMPACT:
STRATEGIC PLAN GOAL(S):
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
MOTION: Adopt Resolution No. ________, that recognizes the North Scenic
Hill Neighborhood Council, supports its community building efforts, and
confers all opportunities offered by the City’s Neighborhood Program.
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1 North Scenic Hill
Neighborhood Council Resolution
RESOLUTION NO. ___________
A RESOLUTION of the city council of the city
of Kent, Washington, recognizing North Scenic Hill
Neighborhood Council.
RECITALS
A. The city of Kent has developed a Neighborhood Program to
promote and sustain an environment that responds to residents by building
partnerships between the City and its residents. In addition, the city of Kent
encourages residents to work together to form geographically distinct
neighborhood councils as a means to foster communication among residents
and to enhance their sense of community.
B. The city of Kent recognizes and supports neighborhood councils
by endorsing a process to establish neighborhood boundaries, approve
neighborhood councils, and provide neighborhood grant matching program
opportunities to make improvements in defined neighborhoods.
C. The North Scenic Hill neighborhood consists of seven hundred
seventy-four households.
D. The North Scenic Hill neighborhood is located on Kent’s East Hill
and is situated to the north of Scenic Hill Elementary and Kent Swim Club, to
the east of Central Avenue South, to the south of East Smith Street and to
2 North Scenic Hill
Neighborhood Council Resolution
the west of Mill Creek Earthworks Park. The Neighborhood is shown on
Exhibit A, attached and incorporated by this reference.
E. On March 30, 2018, the North Scenic Hill neighborhood
submitted an official registration form to request that the City recognize the
North Scenic Hill Neighborhood Council and to allow the Neighborhood to
take part in the City’s Neighborhood Program.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. – Recognition of Neighborhood Council. – The City Council
for the city of Kent hereby acknowledges the effort and commitment of the
North Scenic Hill neighborhood and all those who participated in forming the
North Scenic Hill Neighborhood Council. The Kent City Council hereby
recognizes North Scenic Hill Neighborhood Council as an official Neighborhood
Council of the city of Kent, supports North Scenic Hill Neighborhood Council
community building efforts, and confers on the North Scenic Hill
Neighborhood Council all opportunities offered by the City’s Neighborhood
Program.
SECTION 2. – Severability. If any section, subsection, paragraph,
sentence, clause or phrase of this resolution is declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the
remaining portions of this resolution.
SECTION 3. – Ratification. Any act consistent with the authority and
prior to the effective date of this resolution is hereby ratified and affirmed.
SECTION 4. – Effective Date. This resolution shall take effect and be
in force immediately upon its passage.
3 North Scenic Hill
Neighborhood Council Resolution
PASSED at a regular open public meeting by the city council of the city
of Kent, Washington, this day of June, 2018.
CONCURRED in by the mayor of the city of Kent this ______ day of
June, 2018.
DANA RALPH, MAYOR
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
P:\Civil\Resolution\Neighborhoodcouncilnorthscenichillresolution.Docx
EXHIBIT A
Agenda Item: Consent Calendar – 8M_
TO: City Council
DATE: June 19, 2018
SUBJECT: Resolution Recognizing the Malik Ridge Neighborhood Council – Adopt
SUMMARY: The Malik Ridge neighborhood consists of 11 households and is located on
the East Hill of Kent. On March 20, 2018, the Malik Ridge neighborhood submitted an
official registration form to request that the City recognize their neighborhood council
and allow the neighborhood to take part in the City’s neighborhood program. The
neighborhood has now completed the process to be recognized as a neighborhood
council.
BACKGROUND: The City’s Neighborhood Program is an initiative designed to foster
better communication among residents in a geographic area and city government. The
underlying objective of the program is to provide an avenue for residents to work
together to enhance the livability of their neighborhoods.
The program encourages organization of neighborhood councils, which serve as
independent, non-profit organizations promoting resident-based efforts for
neighborhood improvements while also establishing a partnership between City
government and the neighborhoods they serve.
EXHIBITS: Resolution
RECOMMENDED BY: Economic and Community Development Committee
YEA: Boyce, Troutner, Kaur NAY:
BUDGET IMPACT:
STRATEGIC PLAN GOAL(S):
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
MOTION: Adopt Resolution No. ________, that recognizes the Malik Ridge
Neighborhood Council, supports its community building efforts, and confers
all opportunities offered by the City’s Neighborhood Program.
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1 Malik Ridge
Neighborhood Council Resolution
RESOLUTION NO. ___________
A RESOLUTION of the city council of the city
of Kent, Washington, recognizing Malik Ridge
Neighborhood Council.
RECITALS
A. The city of Kent has developed a Neighborhood Program to
promote and sustain an environment that responds to residents by building
partnerships between the City and its residents. In addition, the city of Kent
encourages residents to work together to form geographically distinct
neighborhood councils as a means to foster communication among residents
and to enhance their sense of community.
B. The city of Kent recognizes and supports neighborhood councils
by endorsing a process to establish neighborhood boundaries, approve
neighborhood councils, and provide neighborhood grant matching program
opportunities to make improvements in defined neighborhoods.
C. The Malik Ridge neighborhood consists of eleven households.
D. The Malik Ridge neighborhood is located on Kent’s East Hill and
is situated to the north of Kent Kangley with all eleven homes on 133rd Place
S.E. The Neighborhood is shown on Exhibit A, attached and incorporated by
this reference.
2 Malik Ridge
Neighborhood Council Resolution
E. On March 20, 2018, the Malik Ridge neighborhood submitted an
official registration form to request that the City recognize the Malik Ridge
Neighborhood Council and to allow the Neighborhood to take part in the
City’s Neighborhood Program.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. – Recognition of Neighborhood Council. – The City Council
for the city of Kent hereby acknowledges the effort and commitment of the
Malik Ridge neighborhood and all those who participated in forming the Malik
Ridge Neighborhood Council. The Kent City Council hereby recognizes Malik
Ridge Neighborhood Council as an official Neighborhood Council of the city of
Kent, supports Malik Ridge Neighborhood Council community building efforts,
and confers on the Malik Ridge Neighborhood Council all opportunities offered
by the City’s Neighborhood Program.
SECTION 2. – Severability. If any section, subsection, paragraph,
sentence, clause or phrase of this resolution is declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the
remaining portions of this resolution.
SECTION 3. – Ratification. Any act consistent with the authority and
prior to the effective date of this resolution is hereby ratified and affirmed.
SECTION 4. – Effective Date. This resolution shall take effect and be
in force immediately upon its passage.
PASSED at a regular open public meeting by the city council of the city
of Kent, Washington, this day of June, 2018.
3 Malik Ridge
Neighborhood Council Resolution
CONCURRED in by the mayor of the city of Kent this ______ day of
June, 2018.
DANA RALPH, MAYOR
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
P:\Civil\Resolution\Neighborhoodcouncilmalikridgeresolution.Docx
EXHIBIT A
Agenda Item: OTHER BUSINESS – 9A_
TO: City Council
DATE: June 19, 2018
SUBJECT: Puget Sound Gateway Program Local Funding and Phasing
Memorandum of Understanding – Authorize
SUMMARY: In 2015, the Washington State Legislature passed the Connecting
Washington transportation package. The package included $1.8 billion for construction
of the SR 509 extension in King County and the SR 167 extension in Pierce County,
known as the Puget Sound Gateway Program. The Puget Sound Gateway financing
includes a directive from the legislature requiring $130 million in contributions from local
agencies to help fund the project.
The Mayor and staff have participated in multiple meetings with WSDOT and other
affected local agencies in the development of the Puget Sound Gateway Local Funding
and Phasing Memorandum of Understanding. This MOU identifies the framework of the
$130 Million in local contributions to be provided for the project. The Kent Law
Department has also reviewed the document.
If approved by Council, and as noted in the MOU, an inter-local agreement between
WSDOT and local agencies to formalize the agreed upon funding contributions and
schedule for payment will be developed. A final draft of the MOU is attached and is
slightly different than the version presented to the Public Works Committee. Typos have
been corrected, Burien has been included in the agreement and a clarification has been
corrected in a table.
If the expectation of $130 Million in local contributions is not fulfilled, local nexus
projects such as the Veterans Drive Extension may not be constructed. Kent has been
provisionally awarded federal funding through PSRC regional grants to help fund the
Veterans Drive Extension.
The WA legislature has requested that a signed MOU be submitted by July 1, 2018.
EXHIBITS: Puget Sound Gateway Program MOU Dated May 21, 2018
RECOMMENDED BY: Public Works Committee
MOTION: Authorize the Mayor to sign the Puget Sound Gateway Program
Local Funding and Phasing Memorandum of Understanding, subject to final
terms and conditions acceptable to the City Attorney and Public Works
Director.
YEA: Troutner, Fincher, Higgins NAY:
BUDGET IMPACT: The proposed MOU asks for a city commitment of $2 million towards
the construction of the project. The SR509 Gateway Program has two stages. Local
contributions must be provided within the stage of construction for which the funds have
been identified. The Veterans Drive Extension is included in Stage 1 (by 2025). The first
million dollars of city commitment would be paid by 2025. The second million may be
provided in stage 2 (by 2030) and will be negotiated during development of the inter-
local agreement. If the project is able to be accelerated to provide a cost savings to the
project, the project and due date for funding may be moved up. A funding source within
the city has not been identified, and will need to be determined.
STRATEGIC PLAN GOAL(S):
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
RATIFICATION FINAL Funding and Phasing MOU 1 6/6/2018
Puget Sound Gateway Program
SR 167 and SR 509 Completion Projects
Local Funding and Phasing
Memorandum of Understanding
1.Participating Parties
In addition to the Washington State Department of Transportation (WSDOT), the following Local
Agency Partners constitute those parties currently participating in this Memorandum of
Understanding pertaining to the local contribution requirement for the Puget Sound Gateway
Program (Gateway Program):
•Port of Seattle
•Port of Tacoma
•King County
•Pierce County
•City of Algona
•City of Auburn
•City of Burien
•City of Des Moines
•City of Edgewood
•City of Federal Way
•City of Fife
•City of Kent
•City of Milton
•City of Pacific
•City of Puyallup
•City of SeaTac
•City of Sumner
•City of Tacoma
2.Background and Purpose of MOU
In July 2015, the Washington State Legislature and Governor Inslee acted to fund the Gateway
Program through the Connecting Washington revenue package. The Gateway Program is
comprised of two projects: the State Route 167 Completion Project and the State Route 509
Completion Project. These projects provide essential connections to the ports of Tacoma and
Seattle and will help ensure that people and goods move more reliably through the Puget Sound
region.
WSDOT is the lead project sponsor and is responsible for the planning, design and construction
of the Gateway Program, as well as for its overall financial management. The program has been
guided from its beginning by a Joint SR 167/SR 509 Executive Committee (Executive Committee),
comprised of elected and appointed representatives of local jurisdictions served by the Gateway
Program (Algona, Auburn, Burien, Des Moines, Edgewood, Federal Way, Fife, Kent, Milton,
Pacific, Puyallup, SeaTac, Sumner, Tacoma, King County, Pierce County, Port of Seattle, and Port
of Tacoma) as well as Federal Highway Administration, Washington State Transportation
Commission, Washington State Department of Transportation, Puget Sound Regional Council,
Sound Transit, Pierce Transit, and the Freight Mobility Strategic Investment Board.
Funding for the Gateway Program has been approved to come from the state gas tax, tolls, local
contributions, and potential federal and state grants. Total funding for the Gateway Program,
from the 2015 Connecting Washington transportation funding package, is $1.875 billion, which
includes local contributions of $130 million. The program has been funded over a 16-year
RATIFICATION FINAL Funding and Phasing MOU 2 6/6/2018
timeline. Based on the legislative funding plan, major construction for a first stage would occur
from 2019 through 2025, and a second stage from 2026 through 2030. Local contributions will
be needed to construct both stage one and stage two projects.
In the 2017 Legislative session new language was enacted (Engrossed Senate Bill 5096 §
306(20)(b)) requiring development of a Memorandum of Understanding (MOU) between the
Local Agency Partners and WSDOT. The legislature directed that:
The secretary of transportation must develop a memorandum of understanding with
local project stakeholders that identifies a schedule for stakeholders to provide local
matching funds for the Puget Sound Gateway project. Criteria for eligibility of local
match includes matching funds and equivalent in-kind contributions including, but not
limited to, land donations. The memorandum of understanding must be finalized by July
1, 2018. The department must submit a copy of the memorandum of understanding to
the transportation committees of the legislature and report regularly on the status.
To this end, the Executive Committee of the Gateway Program convened a Funding and Phasing
Subcommittee (Subcommittee) to develop a MOU that summarizes their planned future
commitments and planned timing of those commitments to contribute to the SR 167 and SR 509
projects.
The Subcommittee goals include:
•Support efforts to build the Gateway projects on or ahead of schedule
•Create successful local partnerships
•Obtain sufficient local funding to build the Puget Sound Gateway projects
•Time grant-funding projects to support the project delivery schedule
The construct of local funding participation, when authorized by the legislative bodies of the
relevant agencies through a series of forthcoming interlocal agreements, is based on the
following projections:
SR 167 SR 509 TOTAL
Port contributions $30 million $30 million $60 million
Federal INFRA grant $10 million $10 million $20 million
Local agency partner
match
$10 million $10 million $20 million
Other Grants (PSRC,
FMSIB, TIB)
$20 million $10 million $30 million
Total $70 million $60 million $130 million
3.Local Funding Strategy
A key element of the local funding strategy is to identify projects within the Gateway Program
that provide clear and measurable benefits to local jurisdictions. In the Gateway Program, these
are called “Local Nexus Projects,” are designed to:
RATIFICATION FINAL Funding and Phasing MOU 3 6/6/2018
• Create a positive business case for Local Agency Partners by focusing on the parts of the
program that are most relevant and important to local jurisdictions
• Leverage the potential to access significant grant funding to support local funding
assumptions
In support of the local funding strategy, Local Agency Partners shall:
• Participate, co-fund match, and submit grant applications with support from
Subcommittee staff, as identified in Section 6 of this MOU
• Combine local monetary and in-kind contributions and project funds to ensure fully-
funded applications, as identified in Section 6 of this MOU
• Support the grant effort and avoid competition with the local projects in the year of
application
The following Local Nexus Projects have been identified within the north (SR 509) and south (SR
167) segments of the Gateway Program:
Gateway North (SR 509) Gateway South (SR 167)
188th South Ramps Meridian West Ramps
SeaTac Access, with Ramps to 28th/24th
Avenue South
54th Avenue East Ramps
Veterans Drive Extension Interurban Trail
Lake to Sound Trail Valley Avenue West Ramps
Port of Tacoma Access/SR 509 Spur
70th Avenue E Bridge Relocation
If Local Nexus, INFRA, and any other pending grant projects become fully funded, these projects
will contribute substantially toward the Legislative requirement for local match. Funding
commitments will be achieved via an interlocal agreement from each signing party up to the
amounts presented in this MOU. Local Agency Partner signatories to this MOU understand that
once the local contribution requirements set forth in ESB 5096 ($130 million) is achieved, that
Local Agency Partners will not be required to commit to additional funds beyond what is
outlined in this MOU. If additional grant funding or additional funds from other sources are
obtained that fulfill the $130 million local contribution requirement, the Secretary of
Transportation and the Executive Committee will review and determine to either reduce local
agency partner match payments, or recommend expanding scope of the Gateway Program, and
amend each signing party’s interlocal agreement accordingly.
4. Local Participation Policy
The Joint Executive Committee has agreed to a funding and phasing policy that structures local
agency partner match requirements to be commensurate with the benefits accrued from the
project at a local level. This policy states that:
RATIFICATION FINAL Funding and Phasing MOU 4 6/6/2018
All local agency partners accrue some benefit from the Puget Sound Gateway Program.
Partners receiving fewer benefits, however, are not expected to contribute as much as
partners who receive more benefits. Direct benefits are those that are most quantifiable,
but there are other components of value that include indirect, strategic and policy/social
benefits. Both direct and indirect benefits will be assessed as part of the consideration of
local contributions, because they are more easily quantifiable than strategic and
policy/social benefits.
All Local Agency Partner signatories of this MOU expect to seek approval of interlocal
agreements to contribute a match to be applied to Local Nexus Projects at a level that reflects
their respective anticipated level of benefit, as identified in Section 6 of this MOU.
5.Benefit Assessment Methodology
The proposed financial participation by each partner is based on a general, qualitative
assessment of the net benefits expected to be received by full completion of the Gateway
Program. The assessment includes the following metrics, based on available project data and
transportation modeling outputs:
•Direct transportation linkages. The location of direct access points for new limited
access highways or other transportation infrastructure that benefits the community.
•Effects on local sales taxes. The impacts of the projects to sales tax receipts, both in
terms of one-time construction sales taxes for the project, and ongoing sales taxes from
impacts to commercial uses.
•Travel time savings. Overall travel time savings for local car and truck traffic associated
with the projects.
•Traffic diversion from local streets. The diversion of, or increase in, traffic on local
arterials due to the project, with associated positive impacts to traffic safety and local
road maintenance.
•Effects on local employment. The potential effects of improved accessibility are
reviewed, particularly in the context of access to new or potential employment uses.
•Effects on developable residential lands. The potential impacts of changes in traffic
flow and accessibility on residential land development, with a focus on areas within the
jurisdiction that are available for redevelopment.
•Effects on developable employment lands. The potential impacts of changes in traffic
flow and accessibility on the development or redevelopment of commercial and
industrial lands.
•Achievement of local policy goals. The alignment of the WSDOT Gateway Program with
local plans and policies.
•Environmental and social benefits. Environmental and social benefits specifically linked
to these projects, including upgrades to pedestrian and cycling infrastructure, and
wetlands and riparian restoration.
The approach and findings of the benefits assessments have been provided to the Local Agency
Partners.
RATIFICATION FINAL Funding and Phasing MOU 5 6/6/2018
6.Local Jurisdiction Anticipated Contributions to the Program
Based on results from the benefit assessment described in Section 5, contributions for each of
the Local Agency Partners were determined by project stage in the tables below. Following
execution of this MOU, interlocal agreements will be drafted for subsequent approval.
Anticipated contributions only become binding commitments when embedded in interlocal
agreements, and the conditions therein are approved by the proposed funding entity. Interlocal
agreements between WSDOT and the respective Local Agency Partner must be in place for a
project prior to issuance of the Request for Proposals (RFP) for any proposed construction
contract. The interlocal agreements will become binding commitments, within the statutory
authority of the Local Agency Partner, and will define the schedule of local match payments
expected over the duration of each construction project stage.
WSDOT will exercise due diligence to develop and construct each project on schedule within the
Gateway Program to the best of its abilities. Local Agency Partners will participate in project
development reviews and project meetings in support of the Gateway Program.
If grant pursuits identified in the Stage 1 and Stage 2 tables below are not achieved sufficient to
meet the $130 million local contribution, additional grants will be pursued from the funding
programs listed or from other funding programs that may become available over the life of the
Gateway Program. If Local Nexus Projects go to construction without planned grants, the Local
Agency Partner match funds will still be provided by agreement with WSDOT. If it is determined
that a Local Nexus Project cannot be fully funded, WSDOT will review options with the Executive
Committee. If an official decision is determined by the Executive Committee and the Secretary
of Transportation that the Local Nexus Project is not to be included in a construction project, the
Local Agency Partner match may be withdrawn.
Stage 1 Grant Pursuits for Local Nexus Projects
Project Estimated
Construction
Cost
Funding
Program
Grant Target
Amount
Target Due
Mo/Year
Anticipated
Construction
Expenditure
Local Agency
Partner
Match
Partner Nexus
70th Avenue
E/Interurban
Trail
$32,245,600 FMSIB $5,000,000 Mar 2018 2019-2021 $800,000
$500,000
$3,000,000
Fife
Tacoma
Port of Tacoma
TIB $5,000,000 Aug 2018 2019-2021
State
Capital &
Transpor
tation
$1,400,000 Mar 2018 2019-2021 Fife
Veterans
Drive/ SR516
Interchange
$33,800,000 PSRC $4,500,000 Apr 2018 2021-2025 $1,000,000 Kent
TIB $5,000,000 Aug 2020 2021-2025 $1,000,000 Kent
SeaTac Access $176,883,500 PSRC $4,500,000 Apr 2018 2021-2025 $2,000,000
$500,000
SeaTac (ROW
in lieu)
Des Moines
RATIFICATION FINAL Funding and Phasing MOU 6 6/6/2018
Port of Tacoma
Access/509
Spur
$323,042,000 PSRC $4,500,000 Apr 2018 2021-2025 $1,500,000
$3,000,000
$800,000
Tacoma
Port of Tacoma
Fife
FMSIB $5,000,000 Mar 2020 2021-2025
All Gateway
Program
INFRA $20,000,000* Nov 2017 2019-2021
SR 167 Stage 1 Port of
Tacoma
Jan 2021 2021-2025 $9,000,000 Port of Tacoma
SR 509 Stage 1 Port of
Seattle
Jan 2021 2021-2025 $15,000,000
Port of Seattle
(expected in
2023-2025)
Total Stage 1 $54,900,000 $38,100,000 $93,000,000
Stage 2 Future Grant Pursuits for Local Nexus Projects
Project Estimated
Construction
Cost
Funding
Program
Grant Target
Amount
Target Due
Mo/Year
Anticipated
Construction
Expenditure
Local Agency
Partner
Match
Partner Nexus
Meridian
Avenue
Interchange
TBD $3,000,000 2022 2026-2030 $2,000,000 Puyallup
Valley Avenue
Interchange
TBD $3,000,000 2022 2026-2030 $2,000,000 Pierce County
188th Street
Interchange
improvements
TBD TBD 2023 2026-2030 TBD SeaTac
SR 167 Stage 2 TBD $4,000,000 2022 2026-2030 $500,000
$500,000
Edgewood
(ROW in lieu)
Sumner
Port of
Tacoma
Jan 2026 2026-2030 $15,000,000 Port of Tacoma
SR 509 Stage 2 TBD $4,000,000 2024 2026-2030
Port of
Seattle
Jan 2026 2026-2030 $15,000,000 Port of Seattle
Total Stage 2 $14,000,000 $35,000,000 $49,000,000
Total Stages
1 & 2
$68,900,000 $73,100,000 $142,000,000
* – If no INFRA, apply for FHWA BUILD grant for Port of Tacoma Access (SR 509 Spur)
TBD – grant funding program pursuit to be determined in future
7. Terms and Termination
7.1. Amendments
This MOU shall be periodically reviewed and evaluated regarding the need for modifications or
amendments by mutual determination of WSDOT and Local Agency Partners. Amendments to the
MOU shall be required if program funding assumptions need to be adjusted that affect the ability to
construct the identified Local Nexus Projects or the ability to achieve the $130 million local
contribution. Such amendments shall only be binding if they are in writing and signed by authorized
personnel from all of the Local Agency Partners. Except as set forth in an amendment, the MOU will be
unaffected and shall continue in full force and effect in accordance with its terms. If there is conflict
RATIFICATION FINAL Funding and Phasing MOU 7 6/6/2018
between an amendment and the MOU or any earlier amendment, the terms of the most recent
amendment will prevail.
If there is a conflict between subsequent interlocal agreements and the MOU or any earlier
amendments, the terms of the interlocal agreements will prevail.
Changes that do not affect the ability to construct the identified Local Nexus Project or achieve the
$130 million local contribution shall be addressed through the interlocal agreement between WSDOT
and the relevant Local Agency Partner.
7.2. Dispute Resolution
Should any signatory to this MOU object at any time to any actions proposed or the manner in
which the terms of this MOU are implemented, the Executive Committee shall hear the dispute
first and if the disputant(s) is/are not satisfied with the Committee’s proposed decision, the
Committee will send to the Secretary of Transportation its proposed solution and all
documentation relevant to the dispute. The Secretary of Transportation shall provide the
Executive Committee with his/her advice on how to resolve the dispute within thirty (30)
calendar days of receiving adequate documentation. Prior to reaching a final decision on the
dispute, the Executive Committee shall prepare a written response that considers any timely
advice or comments regarding the dispute from the Secretary of Transportation, signatories
and other interested parties, and provide them with a copy of this written response. WSDOT
will then proceed according to this final decision.
7.3 Conditions for Termination of Participation
Subject to legislative appropriation and all applicable laws, each signatory shall ensure that the
Gateway Program is carried out in accordance with the terms of the MOU and subsequent
interlocal agreements. A signatory may terminate its participation in this MOU if its terms
cannot be met and by providing written notice to the Secretary of Transportation and the
Executive Committee a minimum of 180 calendar days before a project issues an RFP that relies
on that local agency partner funding. Prior to providing written notice terminating
participation, however, the signatories shall consult with WSDOT to determine whether an
amendment to the MOU might be feasible. If a signatory terminates its participation, WSDOT
will then consult with the Executive Committee to determine if project scope elements need to
be removed if contributions are not realized in accordance with this understanding.
8.Period of Agreement.
This MOU will commence on (July 1, 2018 proposed date) and will dissolve when the $130
million of local contribution have been secured, or when the Local Nexus Projects have been
constructed and are complete.
RATIFICATION FINAL Funding and Phasing MOU 8 6/6/2018
9.Signatories
_______________________________________ ________________________________
Stephen P. Metruck Date
Executive Director
Port of Seattle
_______________________________________ ________________________________
John Wolfe Date
Chief Executive Officer
Port of Tacoma
_______________________________________ ________________________________
Dow Constantine Date
County Executive
King County
_______________________________________ ________________________________
Bruce Dammeier Date
County Executive
Pierce County
_______________________________________ ________________________________
David E. Hill Date
Mayor
City of Algona
_______________________________________ ________________________________
Nancy Backus Date
Mayor
City of Auburn
_______________________________________ ________________________________
Brian Wilson Date
City Manager
City of Burien
RATIFICATION FINAL Funding and Phasing MOU 9 6/6/2018
___________________________________ ________________________________
Michael Matthias Date
City Manager
City of Des Moines
_______________________________________ ________________________________
Daryl Eidinger Date
Mayor
City of Edgewood
_______________________________________ ________________________________
Jim Ferrell Date
Mayor
City of Federal Way
_______________________________________ ________________________________
Pat Hulcey Date
Councilmember
City of Fife
__________________________________ ________________________________
Dana Ralph Date
Mayor
City of Kent
_______________________________________ ________________________________
Shanna Styron-Sherrell Date
Mayor
City of Milton
_______________________________________ ________________________________
Leanne Guier Date
Mayor
City of Pacific
_______________________________________ ________________________________
Kevin Yamamoto Date
City Manager
City of Puyallup
RATIFICATION FINAL Funding and Phasing MOU 10 6/6/2018
_______________________________________ ________________________________
Joseph Scorcio Date
City Manager
City of SeaTac
_______________________________________ ________________________________
William L. Pugh Date
Mayor
City of Sumner
______________________________________ ________________________________
Elizabeth A. Pauli Date
City Manager
City of Tacoma
_______________________________________ ________________________________
Roger Millar Date
Secretary of Transportation
Washington State Department of Transportation
Agenda Item: OTHER BUSINESS – 9B_
TO: City Council
DATE: June 19, 2018
SUBJECT: Vision, Mission, Goals and Values Update and Strategic Framework –
Resolution - Adopt
SUMMARY: On October 18, 2016, the City Council passed Resolution No. 1936 which
set forth a Strategic Plan for the City.
Recently, the Mayor and City Council reviewed the City’s vision, mission, goals and
values to ensure they align with those of the current administration and council. After
consulting with department directors, the Mayor and Council President proposed
changes to the City’s vision, mission, goals and values, and reframed these into a
Strategic Framework that will guide future activities of the City.
The purpose of this resolution is to set forth the City’s Strategic Framework to provide
direction and guidance to the City’s elected officials and city employees as they
prioritize, schedule, and complete their work for the City.
EXHIBITS: Resolution
RECOMMENDED BY: Operations Committee
YEA: Thomas, Boyce, Higgins NAY:
BUDGET IMPACT: None
STRATEGIC PLAN GOAL(S):
☒ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging
technologies, and fostering new opportunities and industries that benefit our community.
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community
partnerships.
☒ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong sense of
belonging.
MOTION: Adopt Resolution No. ______, amending the City’s vision,
mission, goals and values, and adopting a strategic framework.
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1 Resolution –
Strategic Framework
RESOLUTION NO. ___________
A RESOLUTION of the city council of the
City of Kent, Washington, amending the City’s
vision, mission, goals and values, and adopting a
Strategic Framework.
RECITALS
A. On October 18, 2016, the city council passed Resolution No.
1936 which set forth a Strategic Plan for the City.
B. Recently, the mayor and city council reviewed the City’s
vision, mission, goals and values to ensure they align with those of the
current administration and council. After consulting with department
directors, the mayor and council president proposed changes to the City’s
vision, mission, goals and values, and reframed these into a Strategic
Framework that will guide future activities of the City.
C. The purpose of this resolution is to set forth the City’s
Strategic Framework to provide direction and guidance to the City’s elected
officials and city employees as they prioritize, schedule, and complete their
work for the City.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
2 Resolution –
Strategic Framework
RESOLUTION
SECTION 1. – Recitals Incorporated. The foregoing recitals are
incorporated into the body of this resolution and will act as the findings of
the Kent City Council on this matter.
SECTION 2. – Strategic Framework. The Kent City Council adopts
the following Strategic Framework setting forth the City’s vision, mission,
goals and values in order to provide direction and guidance to the City’s
elected officials and city employees as they prioritize, schedule, and
complete their work for the City.
Vision
Where people choose to live and businesses change the world.
Mission
The City of Kent is committed to building a safe, thriving,
sustainable, and inclusive community.
Goals
•Thriving City: Creating safe neighborhoods, healthy people,
vibrant commercial districts, and inviting parks and
recreation.
•Evolving Infrastructure: Connecting people and places
through strategic investments in physical and technological
infrastructure.
•Inclusive Community: Embracing our diversity and
advancing equity through genuine community engagement.
•Innovative Government: Delivering outstanding customer
service, developing leaders, and fostering innovation.
3 Resolution –
Strategic Framework
•Sustainable Services: Providing quality services through
responsible financial management, economic growth, and
partnerships.
Values
•Integrity: Do the Right Thing.
•Caring: Care for Those We Serve.
•Communication: Connect to Understand.
•Teamwork: Work Together.
•Innovation: Find a Way.
•Achievement: Be the Difference.
SECTION 3. – Corrections by City Clerk. Upon approval of the city
attorney, the city clerk is authorized to make necessary corrections to this
resolution, including but not limited to the correction of clerical errors, and
resolution, section, or subsection numbering.
SECTION 4. – 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
4 Resolution –
Strategic Framework
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
BIDS
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EXECUTIVE SESSION
ACTION AFTER EXECUTIVE SESSION
ADJOURNMENT