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Home My WebLink AboutCity Council Meeting - Council - Agenda - 3/20/2018adccW18328 CITY OF KENT Council MeetingAgenda Mayor Dana Ralph Council President Bill Boyce Councilmembers Tina Budell Brenda Fincher Satwinder Kaur Les Thomas Toni Troutner Dennis Higgins March 20, 2018 This page intentionally left blank. KENT CITY COUNCIL AGENDAS March 20, 2018 Council Chambers Mayor Dana Ralph Council President Bill Boyce Councilmember Tina Budell Councilmember Dennis Higgins Councilmember Brenda Fincher Councilmember Les Thomas Councilmember Satwinder Kaur Councilmember Toni Troutner ******************************************************************** WORKSHOP AGENDA 5 p.m. Subject Speaker Time Advance Kent Innovation Fair Todd Babcock 05 min Sound Transit Federal Way Link extension Project Hayley Bonsteel 85 min Chelsea Levy Dan Abernathy 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. 2018 Legislative Session Update from Senator Karen Keiser B. Public Recognition i. Appointment to the Arts Commission ii. Appointments to the Bicycle Advisory Board iii. Appointment to the Human Services Commission iv. Appointment to Parks and Recreation Commission v. Connection Condominiums and Laurel Springs Lower Community Neighborhood Councils C. Community Events D. Public Safety Update 5. REPORTS FROM COUNCIL AND STAFF 6. PUBLIC HEARING 7. PUBLIC COMMENT - If you wish to speak to the Council, please sign up at the City Clerk’s table adjacent to the podium. When called to speak, please state your name and address for the record. You will have up to three minutes to provide comment. Please address all comments to the Mayor or the Council as a whole. The Mayor and Council may not be in a position to answer questions during the meeting. 8. CONSENT CALENDAR A. Minutes of February 20, 2018, Workshop and Council Meetings and March 9, 2018 Workshop– Approve B. Appoint Sandi Westman to the Arts Commission – Confirm C. Appointments to the Bicycle Advisory Board – Confirm D. Appoint Sarah Grace Roach to the Human Services Commission – Confirm E. Appoint Kathleen Cordelia Roberts to the Parks and Recreation Commission – Confirm F. Water Facility Agreement with Covington Water District and Cedar River Water Sewer District – Authorize G. Contract with Jacobs Engineering Group for the Green River Natural Resources Area South Pump Station – Authorize H. Signal Shop Lease – Authorize I. Resolution Recognizing the Connection Condominiums Neighborhood Council– Adopt J. Resolution Recognizing the Laurel Springs Lower Community Neighborhood Council – Adopt K. Rental Housing Inspection Program Ordinance – Adopt L. Zoning Code Amendment – Midway Transit Community 1 - Signs – Ordinance - Adopt M. Goods and Services Agreement with L.N. Curtis and Sons for Police Uniforms – Authorize N. Council Administrative Assistant FTE Increase – Authorize O. Ordinance Amending the Kent City Code to Create an Alternate Position on the Arts Commission – Adopt 9. OTHER BUSINESS A. Resolution in Support of Puget Sound Regional Fire Authority Proposition No. 1 - Property Tax Levy for Fire Protection and Emergency Medical Services - Adopt B. Lawsuit Against Opioid Manufacturers and Distributors - Approve 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 1-800-833-6388. COUNCIL WORKSHOP A) Advance Kent Innovation fair – Todd Babcock B) Sound Transit Federal Way Link Extension Project – Hayley Bonsteel, Chelsea Levy, Dan Abernathy This page intentionally left blank. AGENDA APPROVAL Changes from Council, Administration, or Staff This page intentionally left blank. PUBLIC COMMUNICATIONS A)2018 Legislative Session Update from Senator Karen Keiser B)Public Recognition i.Appointment to the Arts Commission _____________________________________________________________ _____________________________________________________________ ii.Appointments to the Bicycle Advisory Board _____________________________________________________________ _____________________________________________________________ iii.Appointment to the Human Services Commission _____________________________________________________________ _____________________________________________________________ iv.Appointment to the Parks and Recreation Commission _____________________________________________________________ _____________________________________________________________ v.Connection Condominiums and Laurel Springs Lower Community Neighborhood Councils _____________________________________________________________ _____________________________________________________________ PUBLIC COMMUNICATIONS CONT. C)Community Events D)Public Safety Update REPORTS FROM COUNCIL AND STAFF Mayor Ralph: Derek Matheson/Administration: Council President Boyce: Councilmember Budell: Councilmember Kaur: Councilmember Higgins: Councilmember Troutner: Councilmember Thomas: Councilmember Fincher: This page intentionally left blank. 1 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: 03/20/18 TO: Mayor Ralph Councilmembers FROM: Derek Matheson, Chief Administrative Officer SUBJECT: CAO Report for Tuesday, March 20, 2018 The Chief Administrative Officer’s report is intended to provide Council, staff and community an update on the activities of the City of Kent. ADMINISTRATION •The city council’s follow-up retreat on budget issues was last Friday, March 9. The Mayor’s Office sent a summary email to councilmembers and employees last week. •We’ve hired Dana Neuts as our next communications manager. Dana has served the city on a contract basis since October and was one of 55 applicants for the position. She will switch from contractor to employee on April 16. •Executive assistants Pam Clark and Patrick Briggs will handle council administrative support duties while we go through a process to replace Jennifer Hays, who left after three years to become an executive assistant at King County Records & Licensing Services. We are asking the council to increase the position from three-quarters time to full-time (more than offset by a frozen position in the Mayor’s Office) and change the cost allocation. Communications Update •The Communications Division has been busy with several public outreach projects including Urban Separators, Prop A (information only), the FEMA community meeting on March 21, and the Mayor’s budget “road show” (three separate meetings in March, April and May). We are also beginning work on Mayor Ralph’s 2018 State of the City address that is scheduled for April 26. •We are working with Business View Magazine to share some of the city’s economic development projects, and we are using the Medium blog platform (Medium.com/@cityofkent) to tell more narrative stories. In technology news, we are having a kickoff meeting with GovDelivery/Granicus next Monday for our new eNotifications (formerly called eAlerts) system. •Toni Azzola has been busy meeting with prospective neighborhood councils. At this week’s meeting, the ECD Committee unanimously approved two new neighborhood councils, Laurel Springs Lower Community Neighborhood Council and Connection Condominiums, which we anticipate being approved at next week’s City Council meeting. 2 • For community outreach, Uriel Varela has been developing a community engagement strategic plan and is participating in the Metro Community Connections project. Uriel has restructured the Cultural Communities board, so it is more functional and can serve as a resource for city departments as they plan their outreach. ECONOMIC AND COMMUNITY DEVELOPMENT Planning • Permitting staff in ECD are streamlining antiquated or redundant elements of their work, with an eye toward protecting the public interest and meeting permit customers in the most efficient way possible. Staff is currently focusing on how we process land development projects, as well as minor utility permits. We expect these efforts to improve our ability to provide timely permit review in this period of record demand. Long Range Planning Services • Long-range planning staff kicked off the Shoreline Master Plan periodic update with a scoping meeting with Department of Ecology shoreline technical staff. • Long-range planning staff has also embarked on a major public outreach effort for the urban separator project that includes an online public survey, one-on-one interviews with community members, and public meetings held at elementary schools on the East and West Hill. Turnout so far has been very high - 50 people came to the East Hill public meeting. Staff has had the opportunity to educate members of the public on the concept of urban separators and what the project is intended to accomplish and continues to gather feedback from the community about the best use of urban separators land. • Long-range planning staff held the first of two workshops at Kent Elementary School related to the “Meet Me on Meeker” project. The turnout was great with students, families and staff in attendance. Participants engaged in a range of activities including voting and writing comments on images of street/school edges from around the world-- giving staff and consultants a good sense for what might be desirable for the Meeker design from the school's perspective. The second workshop in a few weeks will build off these ideas with actual design concepts, resulting in a unified community vision for this important section of Meeker Street. • Long-range planning staff worked with Parks planning staff to draft and submit comments to PSRC on their Regional Open Space Conservation Plan. While ambitious with regards to conservation of large natural resource land, staff felt that the importance of local parks to residents of urban areas was discounted and under- analyzed. Staff looks forward to working with PSRC to ensure that local parks (which are key to livability and place making) are given equal effort for strategic initiatives in the region. • Long-range planning staff met with Highline School District and other cities such as Des Moines, Burien and SeaTac to discuss school siting needs and growth projections. Highline School District overlaps Kent's Midway area where the Kent/Des Moines light rail station will be opening, so coordination on property surplus and development could yield innovative models incorporating educational facilities. Building & Permit Center Upcoming Projects- • McGrew Property -24220 94th Ave S. - Pre-application meeting for possible lot line adjustment for single family residence relocation • Maplewood (Petrechko) Short Plat - 212XX 97TH PL S, 0722059112 - Construct 20' access road and drainage 3 •Iron Mountain - 20000 Russell Rd S. - Civil construction for a future 52,318 sf concrete tilt up, dock high facility meant to house a paper shredding facility. •Holman Distribution Center - 22408 76th Ave S. - Expansion of truck loading court and fire lane •The site is approximately 521,585 SF with street frontage on 76th Ave S. The site Issued Projects- •Buddhist Meditation Center - 11911 SE 196 St - New parking areas and utility for a new religious facility •Devonshire Pointe - 20615 92nd Ave S - Civil construction for 15 single family residence lots •Kent Memorial Park Playground -850 Central Ave N - Playground renovation at Kent Memorial Park and wiffleball field •Quest Integrity - 19823 58 PL S - Trench and catch basin •Basra Short Plat - 20210 104th PL SE - Short platting the single family residence parcel into 3 lots for the construction of 2 additional residences Total Permits Issued - 341 Valuation: $17,819,323.40 Total Inspections - Passed: 739; Failed: 184; Continued: 45 FINANCE •The B&O team is busy testing our new taxpayer portal in preparation for Q1 tax filings. Changes to the system include a new taxpayer login portal and updated returns and schedules for the threshold and tax credit which went into effect on January 1. To allow taxpayers enough time to adapt to the changes, the Quarter 1 due date has been extended to May 31. Initial notification has been emailed to taxpayers and will be followed up soon with a letter going out via regular mail. •A group of our Finance staff attended the Municipal Finance Conference in Seattle last Thursday. Topics discussed included natural disaster preparation and municipal credit implications, fallout from Tax Reform with the Tax Cuts and Jobs Act, Advance Refunding Alternatives, and a discussion of what’s next in the McCleary decision. As in past years, the conference included special guest John Mitchell, an Economist from Oregon, who always provides a thought-provoking review of local and national economic trends. His presentation was excellent. HUMAN RESOURCES Administration •The Innovation Fair will be held on March 22 from 9-11:00 am in City Hall. This event is designed to introduce staff to the Advance Kent program and Innovate Academy that is part of the City’s continuous improvement and innovation efforts. There will be activities, recognition for staff that has completed improvement projects and a drawing at the end. We will also have a guest speaker from Kent’s Hexcel Corporation. •Nominations are being requested for staff to participate in the Innovate Advanced training. This is a multi-day training program that is spread over two months and involves a project that is significant to the department. Staff that participate will need to be allowed time to work on a project over the period of the training. •The March Cultural Community Conversation was held on Wednesday, March 14, featuring a discussion about homelessness led by Lisa Christen, who is Catholic 4 Community Services’ (CCS) Program Director for Shelters and Day Centers. The discussion was focused on the big picture of homelessness, including what it is, who is affected, myths about homelessness and help that is available. • Students from iGrad, a program that is a collaboration between Green River College and Seattle Goodwill, met with Mayor Ralph for a question-and-answer session and participated in department tours and information sessions with Public Works, the Permit Center, IT, and Multimedia to learn about city jobs and operations. Benefits • The Mayor’s Breakfast was held at the Kent Senior Center on Tuesday, March 13. Hosted by Mayor Dana Ralph, the event featured a hot buffet breakfast, recognition of the 2017 Employees of the Month, the announcement of the 2017 Employee of the Year - Paul Scott, of Public Works! Department directors gave a recap on their department’s 2017 accomplishments and 2018 goals. More than 200 staff members attended. • The Afternoon with the Mayor event was held in Council Chambers on Wednesday, March 14 with a similar agenda to the Mayor’s Breakfast. • Continuing work on compliance reporting, Benefits Broker RFP, DRS Audit, several complex FMLA/ADA cases and contract renewals. Labor, Class & Compensation • Continuing work on conversions and reclassifications. Working on several reclassification requests. • Continuing to assist managers and employees with performance review questions and processes. Recruitment • Proctored the written exam for the Customer Service Rep. position in Finance on March 12. Five different testing sessions were offered to applicants. Interviews for this position are scheduled for March 27 and 29. • Lyanne Ma has accepted the offer to become the Business Systems Analyst – she will start April 2. • We have two new Police Officers joining the force - Jacob Berry starts on April 2 and Matthew Fisher starts on May 1. • Public Works has a new employee, Daniel Hansen (Engineer III) who will start work on March 16 and Lucas Call was promoted to Mechanic I effective March 16. • The recruitment for the Judge position opened on March 6 and will close on June 1. • Bill Ellis was hired as the Chief Economic Development Officer in ECD and will start in that capacity on March 16. Risk Management • The Emergency Preparedness Task Force met on March 6. Progress was made in three key areas: 1. IT will schedule a demo of an add-on to the accesso ShoWare phone system which shows promising capability to meet our need to have an easy to use notification system for all city buildings which can be initiated by a 911 call. 2. HR will coordinate with AC Padilla to provide “Run, Hide, Fight” workplace safety training to employee groups who have not yet had this training. 3. We have asked Emergency Management to work with the Emergency Preparedness Committee to develop scenarios for drills which can then be 5 prepared and run to ensure city staff understands their roles in events beyond an earthquake, which is the only scenario we currently drill for. INFORMATION TECHNOLOGY •A/P Process and Workflow Automation - define the end-to-end current workflow for AP. •Advance Kent - Map Activities to Goals - provide a system for the city of Kent to use in the Strategic Goals and Lean process. System should behave similar to one found in Spokane County but be adapted to Kent's needs. There will be several phases to build the system up to the level of Spokane's. •Agenda Workflow Management - utilizing the current Agenda Management Software (IQM2- MinuteTraq) to automate the as is manual processing of the approval, assembly and distribution of agenda management and minute management activities streamlining the current process improving overall efficiency. •Information Technology operational support for February 27 to March 13, 2018 o Number of tickets opened – 371; number of tickets closed - 349 LAW •Attorneys assisted in obtaining two possession and use agreements for parcels necessary for the S. 228th Street Grade Separation project. •Attorneys assisted in negotiating franchises with the Highline Water District and Midway Sewer District. •Attorneys worked closely with ECD to draft an ordinance for a rental housing registration and inspection program, which came out of the March 12 ECD Committee meeting with a recommendation to pass and establish registration, business license, and inspection requirements. •Jury trials for the month of March started on Friday, March 9. There were 130 cases set for trial on Friday with 116 defendants. Thirty-three trials remained at the end of the day Friday and were set to trial in the week that followed. •Attorneys worked closely with ECD to submit comments to Sound Transit’s Transportation Oriented Development policies. •Attorneys submitted a response to the KPOA’s Step 4 grievance related to the payroll system. •Attorneys drafted a letter to Republic Services allowing for the disposal of unmarketable recycled materials. •Attorneys assisted outside counsel in answering a lawsuit to quiet title on the Moralco property in the Kent Valley, and filed counter claims for the recovery of LID funds. •Attorneys continued work on the YMCA project, the Par 3 golf course sale, the Sound Transit Stations, the Naden site, and various levee projects. •Attorneys continue to pursue avenues to abate a nuisance property that was destroyed by a fire, but whose owners are both deceased. The death of both owners makes the abatement process exceptionally difficult. •The owner of an long-term extreme nuisance property in the West Hill neighborhood was arraigned for code violations and has indicated an interest in working with the city to get his property into compliance. •Attorneys assisted KPD in obtaining its first extreme risk protection order against an individual who made threats to shoot individuals associated with a church in Kent. The order was served and firearms taken into safe keeping. Attorney assisted and appeared at 2 week hearing on same ERPO in an effort to have a long term order issued(the hearing was continued to March 27). 6 PARKS, RECREATION, AND COMMUNITY SERVICES Cultural Programs • The Friday, March 9 Spotlight Series performance featured John McEuen and the String Wizards. The performance was held at Kent-Meridian Performing Arts Center. The sellout crowd had nothing but rave reviews for this great performer. Next in the “Spotlight” on March 23 is Frank Ferrante in “An Evening with Groucho”. • The newly restored Danny Pierce mural – “Transitions” – has been reinstalled at the corner of Gowe Street and Second Avenue. • Fourteen artists and/or artist teams submitted applications to be considered in the first round of selection for the Morrill Meadows/East Hill Park public art project. The panel meets Monday, March 12 to select three finalists. • The 2018 Student Art Exhibit is on display in Centennial Center Gallery from March 12- 23. The annual exhibit will display the art work of more than 700 students (elementary through high school) from 26 schools in 24 downtown businesses. • The current Kent Creates exhibit – “Lighting up the Dark” – is open through March 31. People are encouraged to use the lengthening days, as well as the juxtaposition between lightness and dark, for inspiration and to submit photographs, recipes, videos of dances, short films, poems, paintings, drawings, or work in any creative medium. Planning Development • Hogan Park at Russell Road’s Field 1 was officially re-opened with a public celebration on Saturday March 10. After many years as a natural turf baseball/softball field, Field 1 was resurfaced with all-weather synthetic turf, allowing for all-season play of multiple sports. In addition to baseball, residents can now play soccer, flag football, rugby and lacrosse on the field. Funding grants of $750,000 from the Washington State RCO and $25,000 from the Kent Lions helped finance the project. • Kent Memorial Park will undergo a play area renovation and installation of a Wiffle® Ball Field. Construction will begin later this month. Substantial completion is expected by late May. The reconfigured playground will feature a free-play climbing component, while the Wiffle ball field will feature officially sanctioned signage and imagery from both the Wiffle Company and the Seattle Mariners. • After a five-year closure due to the end of its useful life, the floating walkway at Lake Fenwick Park is being replaced this spring. Work begins March 12, which will close the south parking lot and boat launch until mid-May. The new walkway will have the same footprint as the existing walkway and will be made of durable concrete float segments. Substantial completion is scheduled for mid-May. Funding assistance of $75,000 came from a King County Youth Sports Facilities Grant. Recreation • The Red Cross of Western Washington held their annual awards luncheon last week and Kent’s Lake Meridian Beach Park lifeguard staff led by Beach Manager Sean Wruth received the Red Cross Hero’s Award for the near drowning rescue of a 14 year old boy last summer. Kent is fortunate to have this talented group of professionals; they are clearly some of the best and brightest lifeguards in the region and we are very proud of the important job they do daily during the summer. • Spring and summer bring heavy use of parks and field space. Staff juggles the use of 20 picnic areas and shelters hosting over 250 local user groups. Scheduling and rental of facilities is a challenging task with local, regional, and national organizations vying for field space at Kent’s sport venues. Kent will host over 60 tournaments attracting over 65,000 visitors between April-September. The tourism dollars these groups bring have a significant economic impact on our city. 7 Senior Activity Center •Fifty senior snow sport enthusiasts traveled to Silverstar, B.C. to enjoy downhill skiing, cross-county skiing and snowshoeing. The group stayed at the Silverstar Mountain resort with skiing opportunities daily, as well as time to spend in the Silverstar Mountain Village. This trip was the culmination of a very successful senior ski season. Youth-Teen-Adaptive •The Kent Parks Hoopsters, one of our adaptive recreation basketball teams, proudly represented Kent at the Special Olympics State Tournament in Wenatchee March 2- 4.The team took Gold in their division and Silver in the overall competition. The athletes had a great time and enjoyed Friday night opening ceremonies, the big Saturday night dance and meeting a couple Seahawk Sea Gals and Blitz the Seahawk mascot. POLICE Staff Changes - Hiring/Retirement/Recruitment/ Leaves/Promotions •Officer Chris Korus resigned March 5 to work for Port of Seattle PD. •Entry level Officer Jacob Berry starting April 1. •Officer Richie Plunkett is resigning April 2 to go work in Eastern Washington. Significant crime activities/arrests/investigations •On March 2 Officers pursued a recklessly driven vehicle after it ran a red light on the East Hill of Kent; the suspect vehicle struck a victim vehicle and then continued to flee. As an Officer attempting to set spikes on James at 4th Avenue, the suspect used her vehicle to purposely ram into the fully marked Police Tahoe. The Officer sustained no injuries. The suspect pulled into apartments where she struck a large bush and a disabled fire hydrant, causing her vehicle to stop. The suspect was taken into custody and is a known criminal who frequents Kent. She had a Felony warrant for her arrest out of KCSO for attempt to elude. She is also on active DOC supervision. The suspect was booked into KCJ for: Eluding, Assault 3, Hit & Run x 2, Reckless Endangerment, Unlawful Imprisonment, and Malicious Mischief. •On March 3, Officers responded to the Central Ave. Pub for a fight involving at least 20 people. Four females were arrested for Disorderly Conduct for fighting and attempting to interfere with officers making arrest. •On March 3, Officers assisted on a domestic violence call at Hidden Ridge Apartments arriving just after the fight started. One officer was assaulted during the incident and three others received injuries while arresting the suspect. The suspect was charged with Assault 4 and Assault 3 DV. •On March 10, Officers were dispatched to an unknown if injury. Officers approached the driver's side of the vehicle and found a Hispanic male passed out in the driver's seat as well as another Hispanic male passed out in the passenger's seat. The driver had a pistol in his lap. A second gun was located on the passenger’s seat once both occupants were removed. The 22 year old driver and the 25 year old passenger were both convicted felons so they were booked for Violation of Uniform Firearms Act. Major emphasis patrol •After two weeks of East Hill emphasis we had: o 31 Social/business contacts o 24 Subject contacts 8 o 88 Traffic o 16 Arrests/Criminal Citations o 2 Warrant Arrests • March 11-24 Target Zero Task Force throughout King County looking for violations of five of the most prevalent causes of collisions that result in death and serious injury: Impairment, Distraction, Speed, Seat Belts, and not yielding to Pedestrians. School issues • On March 1 Officers were dispatched to a graffiti/ threats report at Mill Creek Middle School. Someone had graffitied “Me shoot Mill Creek with gun 03/02 MAGA” on the property. The suspect “MAGA” in this incident appears to be the same suspect who left a similar graffiti message at Kent Meridian in the recent past. The school has notified parents. • On March 6, K9 officer was dispatched to Springbrook elementary for an alarm. He arrived and found an open door. As he checked the door his K9 partner alerted to a suspect inside who was actively stealing 10 laptop computers from the classroom. The suspect was booked into King County Juvenile for burglary. • On March 8 Officers were dispatched to a School Shooting Threat at Excel Public Charter School, located at the New Beginning Fellowship at 19300 108 Ave SE. Principal Kristina Howard explained that a student was heard threatening to bring a gun to the school, shoot students, and then kill herself on 03/09/18. It was determined that the 13 year old suspect told her mother about the statements made. The suspect was being bullied on the bus by several subjects and she made the statement out of anger, not with any real intention of doing it. The mother confirmed that the suspect does not have any access to firearms as they are locked up. The principal was notified as to the status of the investigation. She was very happy with our response and will look into the bullying portion. She has already informed the suspect’s mother that she is not to return to school until further notice. Events and awards • March 14 Coffee with the Chief at Maggie’s. PUBLIC WORKS Design • S 224th St Project 84th to 88th – Scheduling a court date this week for condemnation hearing. Prepared an updated Possession and Use, as well as, Right of Entry Agreements. • S 224th St Project 88th to 94th – Working through challenges on King County Sewer work, and CORPS/Fisheries Permits. Advertisement date moved to June. • S 228th St UPRR Grade Separation (and 228th Bikeway) – Secured rights on 2 critical properties. Submitted preliminary Right-of-Way certification packets to WSDOT for review. • East Valley Overlay - Received temporary construction easement. Preparing Right-of- Way certification packet for WSDOT review. Working through sanitary sewer conflict with PSE utility vault. Complete Street meeting with Mayor Mar 14th. Critical path on elements requiring review/approval by external parties (WSDOT, City of Renton) and Right-of-Way certification. Preparing documents to allocate construction money. • 2018 Residential Overlay- Complete Streets meeting with Mayor March 14. Distributed 90% review package last week. • 132nd Ave SE (SE 240th to SE 248th) – Distributed 50% review package last week. 9 • 212th Street Green River Bridge Overlay – Defining scope of work and started consultant selection process. Preparing for project kickoff meeting. • James Street Overlay, Central to Clark – Scope of work settled. Consultant selection began. Preparing kickoff meeting. 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 – Storm drain pipe and structure installation is complete. Stone column installation is complete and the drilling subcontractor is demobilizing. o SR 167 Median – Pier 2 rebar installation is taking place this week in preparation for concrete placement on the morning of Friday, March 16. o SR 167 to 88th – Pier 4 columns is complete. Pier 3 crossbeam forming and falsework is underway. Storm drainage installation is ongoing. Prep work for structural earth walls (SEW) is beginning this week and wall construction for the East approach will begin on March 12. • 640 Pressure Zone PRV North: Contract work is ongoing in the project’s Northwest zone. This is in the vicinity of SE 232nd and 107th in the Park Orchard neighborhood. This will be followed by the Northeast zone in the Eastridge neighborhood. o 2018 Traffic Sign Replacement: Contract work is proceeding today (March 12). The City’s Sign Department is working with our Construction Management consultant to determine location of new and replacement signing. The project location is the region South of SE Kent Kangley Rd to City limits, and East of 124th Ave SE to City Limits. • Cambridge Reservoir Recoating and Fall Protection Improvements: Council has authorized the award of this project to HCI Industrial & Marine Coatings, Inc. of Vancouver, WA. • 228th St Grade Separation: PSE power relocations on the East side of the UPRR tracks are ongoing. Night work will begin on Tuesday night (3/13) to complete crossings at 228th and 76th. • UPRR Bridge at SE 259th Water Main Hanger Replacement: Construction is working with the Water Department to determine material and work scope needed to replace failing pipe hangers that are suspending 12” water main on the UPRR bridge at SE 259th. • Development/Utility Projects: 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. Concrete repairs and asphalt patching is ongoing. A full grind and overlay to take place as weather permits. 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. Concrete repairs and asphalt patching is ongoing. A full grind and overlay to take place as weather permits. o LARC Sr. Housing – Offsite work is substantially complete and Sipe St is open to the public. Storm outfall pipe replacement is complete and approved. Sidewalk and ROW repairs are forthcoming. o Arco / AM/PM – Right-of-Way improvements on both 116th Ave SE and SE 240th St are ongoing. This work will continue through March. Intermittent lane closure will be in effect during this time. 10 o The Ridge Townhomes – The contractor is completing site prep and installation of erosion control measures for upcoming earthwork and grading activities. o Bandon West – Final asphalt paving on 94th Ave and 96th Ave from S 244th to S 247th is scheduled for March 12 through March 14. Land Survey and GIS • Land Survey field staff has been design mapping for the Green River Natural Resources Area (GRNRA), South Pump Station at 64th Ave. S and S. 240th St. and on 132nd Ave. for future pedestrian improvements. Survey field staff has been construction staking for the 224th Phase 1 and the 228th/UPRR Grade Separation. Survey Office staff have been writing legal descriptions, preparing exhibits and drafting surveys for recording for Naden Ave. Access Improvements, 72nd Ave. Extension and 212th St. Survey staff have also provided plan reviews for 224th Phase II and 228th Grade Separation Projects. • GIS staff continues their work with IT on the outward facing GIS Server. GIS staff is working on storm ditch inventory asset mapping, adoptable streets, census report data preparation and inputting utility as-built into GIS. Currently working on internal Public Works as-built process to expedite future projects and stay up to date. Environmental • Milwaukee II Levee – the project team is meeting with King County and Flood Control District on March 20 to discuss the Final Draft of the Levee Alternative Analysis with the goal of choosing a preferred alternative levee route along S. 259th St between the UPRR and 3rd Ave. S. The levee project will accommodate a separated trail, road relocation and enlarging the road and trail underpass of the UPRR. • GRNRA South Pump Station – the consultant contract for final design is scheduled to go to the City Council on March 20. The consultant is in the process of investigating the location of underground utilities along the proposed force main route along James St. • Clark Springs Habitat Conservation Plan – recently attended a meeting with the National Marine Fisheries Service and the new representative from the US Fish and Wildlife Service at the Clark Springs site on March 8. Based on their feedback, we are proceeding with habitat conservation sites near the Clark Springs Water Supply site as well as the Habitat Conservation Fund to protect additional properties in the watershed. • Corps of Engineers – meeting was held on March 2 with the Corps permit manager for all of the city capital projects with pending permit applications in our area. We are following up on the items he requested at the meeting. Transportation • Veterans Drive - staff will be presented the Veterans Drive: West Corridor Completion – Interstate 5 Underpass grant application to the King County Regional Project Evaluation Committee on March 13th. The city has been working with WSDOT on a $4.5 Million grant request for the completion of the Veterans Drive extension. If awarded, grant funds will help meet the local contributions required by the legislature when the Connecting Washington Transportation Package passed. • Sounder Parking – An article has been drafted for the Kent Scene to educate Sounder riders about parking options. These options include use of the Lake Meridian Park and Ride off 132nd Ave SE as well as the underutilized Lincoln Park and Ride between Smith St and James St. Staff is contacting the cities of Covington and Maple Valley to see if that information can be added to their newsletters as well. The goal is to help reduce Sounder parking in downtown neighborhoods. 11 • Commute Trip Reduction Survey - staff has sent WSDOT Commute Trip Reduction surveys to all of the Kent CTR sites, including city hall. Please ask staff to complete the CTR survey to help Kent meet survey goals required by WSDOT. A link to the survey was sent from Amy Caraballo on March 12. • Traffic Study Russel Road and S. 212th St – staff is preparing a traffic study to determine potential impacts of a haul route for the levee project near the GRNRA. Streets • The Street Maintenance crews will be setting out reader boards at 80th Ave South, doing hot patch repairs at 266th and 74th and 192nd and East Valley Highway. • Water Vegetation crews are pruning trees, shrubs and laying bark at Guiberson water site, mowing and line trim at East Hill well. The Wetland Mitigation Crews are cleaning up the fence lines at 264th culvert wetland, Eagle Creek, Erin Glade North and wetlands on 277th and Green River road. The Holding Pond Crews will be doing vegetation maintenance and tree removal at West Creek Meadows in the 21700 block. The Wetland Maintenance Crews are removing cottonwoods under the Bonneville Power Administration (BPA) lines in the Lake Meridian outlet channel. The Sidearm Mower crews are doing fence repairs at Heather Glen Pond, mowing at SE 192nd from SR 515 to 124th Ave and Central from Maple lane to S 262nd. The Street Vegetation crews are doing maintenance and repairs at the East Hill People Path, Lincoln Ave, 64th Ave S, and Reith Rd • The Signs and Markings crews will be removing overhead signs at 100th Ave SE & SE 240th St and S 200th St. • Litter crews will be inspecting the areas of 240th at 252nd, 272nd St at 108th St, Frager Road, 260th and Pacific Highway, Railroad Ave, Reith Road and 42nd Ave S. Water • The Water Division is performing annual rebuilding (preventative maintenance) of control valves used for controlling flows and reducing pressure at water facilities and in the distribution system. This work is performed with city staff and GC Systems, Inc. out of Puyallup. Fire hydrant exercising on the East Hill of Kent continues and a fire hydrant will be replaced on Clark Avenue at James Street. Utilities • The Sewer Section will be cleaning lines that are 10 years or older and changing out manhole lids citywide and doing vacuum testing on 1st Ave. • Storm Crews will be digging a new ditch at 197th Pl. and cleaning lines around the pond at 124th and 259th. National Pollutant Discharge Elimination System (NPDES) crews will be performing assessments on 251st and 118th Crews will also be doing repairs at 112th and 235th St, 238th and 108th and SE 226th and 112th Ave SE. Fleet/Warehouse • The warehouse is working on parking stall assignments and assisting with CDL training and inspections. The Radio Shop is doing preseason mower prep, new vehicle setups and body shop repairs. Fleet is working on air brake inspections, emissions testing and scheduled and non-scheduled repairs. This page intentionally left blank. PUBLIC HEARING This page intentionally left blank. PUBLIC COMMENT This page intentionally left blank. Agenda Item: Consent Calendar 8A_ CONSENT CALENDAR 8.City Council Action: Councilmember ________ moves, Councilmember ________ seconds to approve Consent Calendar Items A through O. Discussion Action 8A. Approval of Minutes. Minutes of February 20, 2018, Workshop and Council Meetings and March 9, 2018 Workshop– Approve This page intentionally left blank. Kent City Council Workshop March 6, 2018 Minutes Kent, Washington Pending Approval Page 1 of 3 Date: March 6, 2018 Time: 5 p.m. Place: Council Chambers East/West Attending: Mayor Dana Ralph Bill Boyce, Council President Tina Budell, Councilmember Brenda Fincher, Councilmember Satwinder Kaur, Councilmember Dennis Higgins, Councilmember Les Thomas, Councilmember Toni Troutner, Councilmember Council President Boyce opened the meeting at 5:03 p.m. Agenda: Parks and Open Spaces Maintenance Management Julie Parascondola, Parks Director, provided a review of the Parks and open space maintenance and operations goals of evolution, and strategic alignment to the City goals identified in the Vision 2025 framework, City Comprehensive Plan, Economic Development Plan, Green Kent 20-year Natural Area Management Plan, and the Park and Open Space Plan. Details regarding park performance tiers and maintenance service levels were reviewed in addition to striving for excellence through Parks and Recreation National Accreditation (CAPRA) that includes best practice standards. Garin Lee, Parks Operations Superintendent, provided information regarding equitable delivery of parks and open space, including the documentation of the maintenance level of services. Comparisons between routine vs. preventative maintenance were provided, including the realignment of staff. Garin advised of the work that was done to create equitable delivery, including the creation of peak and non-peak maintenance seasons. Details were provided regarding the park and open space continued progress regarding the management of natural areas, urban forestry/tree care, athletic complex operations, and developing best management practice standards. Lori Hogan, Recreational and Cultural Superintendent, advised that an annual comparison of the City’s fees, if not quarterly, compare recreational fees with surrounding jurisdictions. Julie Parascondola advised that the City will be able to provide performance management that will include tracking the frequency of annual maintenance, cost per acre, number of customer complaints/concerns/appreciations. Kent City Council Workshop March 6, 2018 Minutes Kent, Washington Pending Approval Page 2 of 3 Julie provided details regarding challenges and pending solutions, including balancing the high demand of maintenance with limited resources, continued aging of the system, and continuing to learn about and engage Kent’s diverse culture and to remove barriers. Julie provided options for implementing a tiered system of maintenance. She sought direction from the mayor and council on how to approach reductions on levels of service. Next steps include the implementation by finalizing new level of service, train staff, and begin implementation in April. Planning will work on the creation of a preventative maintenance plan, creation of long term work plan for best practices, finalize maintenance standards and performance management procedures and processes. Julie advised that the Park and Open Space Plan has identified strategic projects including new parks. Cultural Arts and Special Events Ronda Billerbeck, Program Manager, provided information regarding the City’s Cultural Programs division. Ronda advised that the cultural arts program brings people together at festivals and events to build community and a strong economy. Funding comes from the general fund, earned income, sponsorships, and grants. Ronda provided details regarding the Kent Arts Commission, performing arts, public art, arts funding programs, festivals and community events, and “Kent Creates,” the City’s new web platform for sharing art. Mayor Ralph expressed her appreciation for bringing the community together to celebrate art and be together as families, grateful that council has supported the arts. On behalf of the City Council, President Bill Boyce, expressed his and the council’s appreciation of Jennifer Hays, for her support of the City Council over the past few years. Jennifer is leaving the City to pursue a new career at King County. The meeting concluded at 6:23p.m. Kimberley A. Komoto City Clerk Kent City Council Workshop March 6, 2018 Minutes Kent, Washington Pending Approval Page 3 of 3 March 6, 2018 This page intentionally left blank. Kent City Council Regular Meeting March 6, 2018 Minutes Kent, Washington Pending Approval Page 1 of 10 Date: March 6, 2018 Time: 7 p.m. Place: Council Chambers East/West Attending: Mayor Dana Ralph Bill Boyce, Council President Tina Budell, Councilmember Brenda Fincher, Councilmember Dennis Higgins, Councilmember Satwinder Kaur, Councilmember Les Thomas, Councilmember Toni Troutner, Councilmember Agenda: 1.Call to Order The meeting was called to order at 7:02 p.m. with Mayor Ralph presiding. 2.Roll Call Mayor Ralph – Present Council President Boyce - Present Tina Budell, Councilmember – Present (Arrived at 7:04 p.m.) Brenda Fincher, Councilmember – Present Dennis Higgins, Councilmember - Present Satwinder Kaur, Councilmember - Present Les Thomas, Councilmember – Present Toni Troutner, Councilmember – Present 3.Changes to the Agenda Derek Matheson, Chief Administrative Officer, added the purchase of property, as per RCW 42.30.110(1)b as executive session item 11B. Council President Boyce moved to accept the agenda as submitted, seconded by Councilmember Thomas . The motion passed unanimously with a vote of 7-0. 4.Public Communications A. Public Recognition Mayor Ralph introduced Zachary Cohen, a freshman at Kentwood High School. Zachary expressed his appreciation of the opportunity to job shadow Mayor Ralph today. Mayor Ralph recognized Bonny Stephens, the city of Kent’s March employee of the month. Kent City Council Regular Meeting March 6, 2018 Minutes Kent, Washington Pending Approval Page 2 of 10 Mayor Ralph advised that she, along with Councilmember Higgins and Chief Thomas attended the King County Sexual Assault Resource Center (KCSARC) annual breakfast. King County requested that local jurisdictions make their video regarding resources and prevention available to the community. Councilmember Higgins, expressed his appreciation of the work and resources of KCSARC and introduced the video of messages regarding speaking up. Councilmember Higgins recognized the Kentwood boy’s basketball team and the Kentridge and Kentlake girl’s basketball teams for making it to the state tournament where they represented Kent well. Councilmember Higgins recognized Kentridge sophomore, Jordyn Jenkins for being honored by the Seattle Times as a Star Times girls’ basketball high school athlete. Councilmember Kaur, recognized Ofa He Lotu Tuifua, a student at Kent Meridian High School, for winning the girl’s state wrestling title for the 190-pound weight class. Councilmember Kaur also recognized Sabrina Perez, a student at Kentwood High School, for winning the girl’s state wrestling title for the 170-pound weight class. B. Community Events Council President Boyce provided details regarding the upcoming past and upcoming events at the accesso ShoWare Center. Visit accessoShowareCenter.com for ticketing information. Councilmember Fincher advised that the Kent Parks, Recreation and Community Services Spring/Summer 2018 Program Guide is now available. She also provided details regarding the upcoming Kent Kids Art Day, Spotlight Series, Math Fest, and the grand reopening of Hogan Park at Russell Road. Visit KentWA.gov for more information. 5. Reports from Council and Staff Mayor Ralph Mayor Ralph advised that the Mayor’s Leadership Team participated in a retreat on Friday, March 2nd. There was a full-day of conversation regarding departmental challenges and how to address the fiscal cliff. Mayor Ralph attended the Glover empowerment mentoring ribbon cutting this past week. Mayor Ralph attended the Sound Cities Association networking dinner. Seattle Mayor, Jenny Durkin was the speaker, and Mayor Ralph is impressed that she is positive and inspiring and that she understands that Seattle needs to work with area jurisdictions. Kent City Council Regular Meeting March 6, 2018 Minutes Kent, Washington Pending Approval Page 3 of 10 Mayor Ralph participated in the “Read around the World” event held at Horizon Elementary School, where they celebrated the birthday of Dr. Seuss. Derek Matheson, Chief Administrative Officer Derek Matheson advised that on March 9th from 1:30 – 5:30 p.m., at the Platform Apartments, the City Council will participate in a half-day retreat to follow-up on budget issues. Derek indicated that last week, elected officials and staff reviewed the City’s strategic framework. The group will meet again to work on the City’s vision and mission statements. Derek advised that there is an executive session tonight with discussion regarding the acquisition of property and litigation. The session is expected to last 20 minutes with action anticipated when the council reconvenes. The Chief Administrative Officer’s report is in today’s agenda packet. Council President Boyce President Boyce provided a brief recap of tonight’s City Council workshop topics including parks and open spaces maintenance management and cultural arts and special events. Council President Boyce attended the 46th Annual Economic Development Forecast Meeting. Council President Boyce will attend the Sound Cities Association Public Issues Committee on March 14th and the Children’s Youth Advisory Council’s Best Starts for Kids meeting on March 21st. Councilmember Budell Councilmember Budell serves on the Sound Cities Association Domestic Violence Initiative. During the February 22, 2018, meeting there was discussion regarding the newly-created regional domestic firearm’s unit that works to get firearms out of the hands of felons or suspects of domestic violence. There was also a celebration of Ellie’s Place, a new county center where young victims of violence can go and have a safe, calm place to speak with counselors and parents. Councilmember Kaur Councilmember Kaur serves on the Sound Cities Association Puget Sound Clean Air Agency Advisory Council. On February 22, 2018, a joint meeting with the Board and Advisory Council was held. Staff provided recommendations on reducing greenhouse gases. Councilmember Kaur serves on the Sound Cities Association Growth Management Planning Council. During the February 28th meeting, there was discussion on school Kent City Council Regular Meeting March 6, 2018 Minutes Kent, Washington Pending Approval Page 4 of 10 siting policies, including how to improve coordination between local government and school districts. Staff also gave a presentation on PSRC – Vision 2050. Councilmember Higgins Councilmember Higgins is the Chair of the Public Works Committee. During the March 5th meeting, Councilmember Higgins encouraged everyone to watch video of Mrs. Siu’s and two students from her 2nd grade class from Millennium elementary. The students talked about environmental stewardship. Councilmember Higgins attended the February 22nd Puget Sound Regional Council executive board meeting. There was discussion on whether to change the regional center’s framework by including military bases as regional centers. The proposal was denied because military bases are not regional centers since they are not required to handle population and employment growth. Councilmember Troutner Councilmember Troutner serves on the Sound Cities Association Regional Law, Safety and Justice Committee. During the February 22nd meeting discussed fully- integrated Managed Care Plan. Beginning in 2019, behavior health will be included in management care plans. The committee also discussed the opioid crisis and the Familiar Faces initiative. Councilmember Troutner is the chair of the Public Safety Committee and the next meeting is March 13th. The next Coffee with the Chief will be held on March 14th at Maggie’s on Meeker. Councilmember Troutner indicated that the Police Department held a community meeting on March 1st on the West Hill. 40 residents discussed the recent drive by shooting. The Chief, commanders, and officers discussed concerns and will be working with residents to answer questions and provide additional patrols in the neighborhood. Councilmember Thomas indicated the Operations Committee report is in the minutes. The Puget Sound Regional Fire Authority will meet on March 7th at 5 p.m. at Station 78. Councilmember Fincher Councilmember Fincher serves on the Sound Cities Association Mental Health and Drug Dependency Oversight Committee - King County. The MID evaluation plan that was recently approved and may have the addition of the Involuntary Treatment Court. Councilmember Fincher advised that the Accountable Communities of Health has changed their name to Healthier Here. Taking a prevention approach. Discussed working with mental health and mental illness. Kent City Council Regular Meeting March 6, 2018 Minutes Kent, Washington Pending Approval Page 5 of 10 Councilmember Fincher serves on the Sound Cities Association King Conservation District Advisory Committee. The committee is working on their Theory of Change work. The order of framework is 1) rural agriculture, 2) regional food systems 3) rural and urban forestry 4) marine and freshwater shorelines, 5)community agriculture, and 6) next steps for the program. Councilmember Fincher is the chair of the Parks and Human Services Committee. The next meeting is scheduled for March 21st. Councilmember Fincher serves on the Arts Commission, information was presented regarding the newly decorated traffic signal boxes. The commission is currently finalizing their entertainment schedule for summer program and social media. 6. Public Hearing A. Public Hearing – Amendment to the 2018-2023 Six-Year Transportation Improvement Program – Resolution – Adopt Mayor Ralph provided opening comments. Mayor Ralph opened the public hearing for the Amendment to the 2018 – 2023 Six- Year Transportation Improvement Program. April Delchamps, Senior Transportation Planner, provided a review of the amendments. This amendment will allow three projects to be eligible for grants as follows: 1. Project #26 - Veterans Drive Extension. Any successful grants will go towards the local contribution required by the state legislature when the Gateway program was approved in the connecting Washington transportation package. 2. Project #27 - Meet Me on Meeker (Driving Range) Sidewalks Description Construct new sidewalk & multimodal pathway along city-owned driving range frontage on Meeker Street. This project will be eligible the Puget Sound Regional Council Non-Motorized Grant and the Washington State Department of Transportation Bicycle/Pedestrian Program grant. 3. Project #28 – Meet Me on Meeker (Apartments) Sidewalk Description Replace existing sidewalks with a multimodal pathway east of Russell Road in from of the Riverwood Apartments. This project will be eligible the Puget Sound Regional Council Non-Motorized Grant and the Washington State Department of Transportation Bicycle/Pedestrian Program grant. April indicated the next steps include adopting the amended Transportation Improvement Program and to submit grant applications. Additionally, staff continues their work on the annual update for 2018 year. Important to have projects in the tip to assign funding and apply for grants. There were no public speakers. Kent City Council Regular Meeting March 6, 2018 Minutes Kent, Washington Pending Approval Page 6 of 10 Mayor Ralph closed the public hearing Councilmember Higgins moved to adopt Resolution No. 1961, amending the 2018-2023 Transportation Improvement Program, seconded by Councilmember Fincher. Motion passed 7-0. 7. Public Comment Timothy Brown, a Kent resident, spoke in support of keeping schools gun-free. He requested the City Council prohibit the sale or transfers in the city of Kent without a detailed background check. 8. Consent Calendar Council President Boyce moved to approve the Consent Calendar Items A through P, seconded by Councilmember Thomas. The motion passed unanimously with a 7-0 vote. A. Minutes of February 20, 2018, Workshop and Council Meetings and February 2nd and 3rd, 2018, Retreat – Approve The minutes of February 20, 2018, Workshop and Council Meetings and February 2nd and 3rd, 2018 retreat were approved. B. Payment of Bills – Approve Bills received through January 15, 2018 and paid on January 15, 2018 were approved. The Operations Committee audited the payment of bills on February 6, 2018. Approval of checks issued for vouchers: Date Check Numbers Amount 01/15/18 Wire Transfers 7371 - 7390 $2,211,675.85 01/15/18 Regular Checks 720836 - 721180 $2,840,554.68 01/15/18 Payment Plus 100717 - 100730 $24,046.24 Void Checks ($1,080.41) 01/15/18 Use Tax Payable $3,470.59 $5,078,666.95 Approval of checks issued for payroll for January 1, 2018 through January 15, 2018 and paid on January 19, 2018: Date Check Numbers Amount 1/19/2018 Checks 0 Voids and Reissues 1/19/2018 Advices 401423 - 402286 $1,972,206.57 $1,972,206.57 Kent City Council Regular Meeting March 6, 2018 Minutes Kent, Washington Pending Approval Page 7 of 10 Bills received through January 31, 2018 and paid on January 31, 2018 were approved. The Operations Committee audited the payment of bills on February 20, 2018. Approval of checks issued for vouchers: Date Check Numbers Amount 01/31/18 Wire Transfers 7391 - 7407 $2,351,315.25 01/31/18 Regular Checks 721181 – 721609 $6,612,719.53 01/31/18 Payment Plus 100731 - 100752 $91,418.17 Void Checks ($90.00) 01/31/18 Use Tax Payable $800.29 $9,056,163.24 Approval of checks issued for payroll for January 16, 2018 through January 31, 2018 and paid on February 5, 2018: Date Check Numbers Amount 2/5/2018 Checks 0 Voids and Reissues 2/5/2018 Advices 402287 - 403167 $1,784,987.26 $1,784,987.26 C. N. Harris Computer Corporation, iNovah Solution/Point-of-Sale System –Authorize The Mayor was authorized to sign the software license, implementation, and support and maintenance agreements with N. Harris Computer Corporation to replace the City’s existing point of sale system, subject to final terms and conditions acceptable to the Information Technology Director, and the City Attorney, in an amount not to exceed $300,000. D. Jackson Food Mart RECC-2143483 Bill of Sale – Accept Council accepted the Bill of Sale from PacWest Energy, LLC (DBA Jackson Food Stores) for items A and B, as detailed in the summary below. E. Kent Regional Trails Connector – Accept as Complete The Mayor was authorized to accept the Kent Regional Trails Connector Project as complete and release retainage to Pivetta Brothers Construction upon receipt of standard releases from the state and the release of any liens. F. Goods and Services Agreement with Western Systems, Inc. for Traffic Signal Cabinet Lifecycle Replacements – Authorize The Mayor was authorized to accept the Kent Regional Trails Connector Project as complete and release retainage to Pivetta Brothers Construction upon receipt of standard releases from the state and the release of any liens. G. Contract with GeoEngineers for Kent Airport Levee FEMA Conditional Letter of Map Revision Application – Authorize The Mayor was authorized to sign a Consultant Service Agreement with GeoEngineers, Inc., for engineering services on the Kent Airport Levee FEMA Kent City Council Regular Meeting March 6, 2018 Minutes Kent, Washington Pending Approval Page 8 of 10 Conditional Letter of Map Revision application in an amount not to exceed $364,807.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. H. Veterans Drive Funding Commitment Letter – Authorize The Mayor was authorized to sign a letter of commitment for $1 million dollars for matching funds to support Kent’s application to the Puget Sound Regional Council grant for the Veterans Drive extension, a part of the Connecting Washington Gateway program, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. I. Signature Pointe Interlocal Agreement – Authorize The Mayor was authorized to sign an Interlocal Agreement between the City of Kent and King County Flood Control District for the Signature Pointe Levee project in an amount not to exceed $300,000.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. J. Lower Russell Road Levee Interlocal Agreement – Authorize The Mayor was authorized to sign an Interlocal Agreement between the City of Kent and the King County Flood Control District for the Lower Russell Road Levee project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. K. Agreement with Puget Sound Energy for Downey Farmstead Utility Relocation – Authorize The Mayor was authorized to sign a Facility Relocation Agreement with Puget Sound Energy to relocate utility lines to accommodate the Downey Farmstead Restoration project, in an amount estimated to be $118,085.42, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. L. Agreement with Century Link for Downey Farmstead Utility Relocation – Authorize The Mayor was authorized to sign a Special Construction Proposal with CenturyLink to relocate utility lines to accommodate the Downey Farmstead Restoration Project, in an amount not to exceed $21,032.21, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. M. 2018 City Art Plan and 2018-2022 Five Year Plan – Adopt Council adopted the 2018 City Art Plan and Five-Year Plan. N. 2018 CDBG Annual Action Plan – Adopt Council adopted the proposed Community Development Block Grant 2018 Annual Action Plan (including funding allocations and contingency plans) and authorize the Mayor to execute the appropriate certifications and agreements. Kent City Council Regular Meeting March 6, 2018 Minutes Kent, Washington Pending Approval Page 9 of 10 O. 2017 Consolidated Annual Performance and Evaluation Report – Approve Council approved the 2017 Consolidated Annual Performance and Evaluation Report and authorized the Mayor to submit the report to HUD. P. Indigent Conflict Counsel Contracts – Authorize Council authorized the Parks Director to enter into all contracts necessary to retain conflict counsel for indigent criminal defense in the Kent Municipal Court, so long as costs associated with the contracts can be paid from the Parks Department budget and ratify all prior acts and contracts consistent with this grant of authority, subject to the final contract terms and conditions acceptable to the Human Services Manager and Parks Director. 9.Other Business None 10.Bids None At 7:53 p.m., Mayor Ralph adjourned into executive session 11.Executive Session and Action after Executive Session A. Litigation, as per RCW 42.30.110(1)(i) B. Property Negotiations, as per RCW 42.30.110(1)(b) – Purchase or lease At 8:19 p.m., the Council reconvened into regular session Brian Levenhagen, Deputy Parks Director, gave a brief overview of the Upper Mill Creek Property Acquisition. The parcel is located on the south end of Mill Creek Canyon park, known as the Ransom property. Brian indicated the acquisition of this property is identified as priority in the Mill Creek trail feasibility study and was listed as a strategic project in the Parks and Open Space Plan. The parcel is three acres, is appraised at $890,000, there is a willing seller and is a Recreation and Conservation Office conversion property as part of the Morrill Meadows/YMCA conversion project. The Earthworks Master Plan is currently under way and this project will be planned further with public input. Brian provided additional details regarding the RCO conversion requirements related to the YMCA/Morrill Meadows project and that the funds for the purchase of this property are included in the YMCA budget. Brian further clarified that the City applied to King County Conservation Futures for $445,000, which is half of the appraised value, in addition to associated costs allowed by the grant program. Kent City Council Regular Meeting March 6, 2018 Minutes Kent, Washington Pending Approval Page 10 of 10 Councilmember Fincher moved to authorize the Mayor to take all action necessary and sign all documents to complete the purchase of the Ransom property, King County parcel number 292205-9211, in an amount not to exceed $890,000, plus closing costs, subject to approval of the final terms and conditions by the City Attorney and Parks Director, seconded by Councilmember Budell. The motion passed with a unanimous vote of 7-0. 12. Adjournment Mayor Ralph adjourned the meeting at 8:24 p.m. Kimberley A. Komoto City Clerk March 6, 2018 Kent City Council Workshop March 9, 2018 Minutes Kent, Washington Pending Approval Page 1 of 2 Date: March 9, 2018 Time: 1:30 p.m. Place: The Platform Apartments – Rooftop Meeting Room Attending: Mayor Dana Ralph Bill Boyce, Council President Tina Budell, Councilmember Brenda Fincher, Councilmember Satwinder Kaur, Councilmember Dennis Higgins, Councilmember Les Thomas, Councilmember Toni Troutner, Councilmember Staff Attending: Derek Matheson, Chief Administrative Officer Pat Fitzpatrick, City Attorney Aaron BeMiller, Finance Director Julie Parasoncola, Parks Director Margaret Yetter, Court Administrator Kurt Hanson, Economic and Community Development Director Ken Thomas, Police Chief Tim LaPorte, Public Works Director Mary Fisher, Human Resources Director Mike Carrington, Information Technology Director Kim Komoto, City Clerk Council President Boyce opened the meeting at 1:30 p.m. Agenda: Fiscal Sustainability Council President Boyce provided opening comments, encouraged everyone to participate, and indicated the need for the Council to provide the Mayor with direction on fiscal sustainability for her use when preparing her 2019-2020 budget. Mayor Ralph promised that the budget preparation would be a collaborative approach, and that she wants to move forward and make decisions as a team. Derek Matheson indicated that this is a good opportunity to ask questions, get answers, and provide direction to the Mayor for her use in preparing her budget. Aaron BeMiller, Finance Director, provided an overview of the City’s financial sustainability that include a brief history on the general fund revenue deficit, decision points to increase revenues, reduce expenditures, and re-allocate revenues and/or expenditures between funds, the fiscal cliff, and the structural imbalance. Aaron presented specific options for increasing revenues, reducing expenses, and the theoretical impact on expenditures. Kent City Council Workshop March 9, 2018 Minutes Kent, Washington Pending Approval Page 2 of 2 Mayor Ralph, councilmembers, and staff discussed Aaron BeMiller’s fiscal sustainability presentation. The Finance Department was directed to prepare information regarding possible increases to revenue and reduced expenditures that would be presented at a future workshop. Staff was directed to look for efficiencies in their departments. Derek advised that the Council should be prepared to provide any budget-related guidance to the Mayor by May, when the Mayor needs to issue budget instructions to departments. Mayor Ralph expressed her appreciation of the Council’s willingness to work collaboratively regarding the 2019-2020 budget. The meeting concluded at 5 p.m. Kimberley A. Komoto City Clerk March 9, 2018 Agenda Item: Consent Calendar – 8B_ TO: City Council DATE: March 20, 2018 SUBJECT: Appoint Sandi Westman to the Arts Commission – Confirm SUMMARY: Sandi Westman is a retired East Hill resident who started working as a substitute para-educator for special needs students in the Kent School District. Sandi has always had a love of art, whether canvas, music or theater. Sandi also provides professional level photography for family and friends at special events. She served on the Kent Youth & Family Services Board (past President) and remains involved in their efforts today. Sandi works to assist new and established artists by recommending venues in which to display their art. I am pleased to recommend Sandi Westman for appointment to the Kent Arts Commission. EXHIBITS: None RECOMMENDED BY: Mayor Ralph YEA: N/A NAY: N/A 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. ☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior infrastructure, enriched community interactions, and responsive, trusting relationships. ☒ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong sense of belonging. MOTION: Confirm Mayor Ralph’s appointment of Sandi Westman to the Kent Arts Commission for a four-year term that will expire on October 31, 2021. This page intentionally left blank. Agenda Item: Consent Calendar – 8C_ TO: City Council DATE: March 20, 2018 SUBJECT: Appointments to the Bicycle Advisory Board – Confirm SUMMARY: Lynell Mooney is an avid cyclist who commutes from her home in Auburn to the Kent School District on the east hill where she is employed. Lynell noted that bicycle transport is on the rise and would like to see the Kent community have safe riding areas and provide safety awareness as part of its master development plan. She is a proponent for exercise and good health and would like to propose a secure and pleasant alternative to driving to enjoy the Kent community on a bicycle. John Otakie is employed at Boeing as an engineer and commutes to and from work (approximately 4,000 miles per year). He is passionate about improving cycling conditions and infrastructure in Kent. John has 28 years of service at Boeing and is used to working as part of a team to accomplish goals. On a side note, John is a nine- time STP finisher. Wendy Graves resides on the east hill and commutes on her bicycle to work in the Renton and Kent area. She is an avid recreational cyclist. She feels that getting from her home on the east hill to downtown Kent can be treacherous and that Kent is not very bike friendly. Wendy would like to provide input as a cyclist commuter to help make Kent a better city in which to cycle. Aaron Dent has commuted to work on his bicycle every day for the past 12 years. As a cyclist and driver for FedEx freight, Aaron does not want Kent to become like Seattle. Seattle’s attempt to make its roads safer has worked the opposite for both drivers and cyclists. Aaron mentioned that Kent has done a good job incorporating bike lanes into road improvements and education for both drivers and cyclists is the next step. Andrew (Andy) Sobczyk is a software engineer for Nvidia, Inc. Andy first applied to the Board as he felt that the bike paths in Kent were in need of improvement and stated he can either complain about the situation or help to make it better. He chose to make the situation better and become an advocate for bicyclists by living up to a quote from President Kennedy, “Any man can change the world and every man should try.” Brandon Swanson resides on the west hill and is currently employed as a Machinist at Boeing. Brandon’s interest remains with the bicycling community and infrastructure of Kent and would like to continue to help make Kent a world class cycling city. MOTION: Confirm Mayor Ralph’s appointment of Lynell Mooney, John Otakie, Wendy Graves and Aaron Dent to the Kent Bicycle Advisory Board for two-year terms, along with reappointment of Andrew (Andy) Sobczyk and Brandon Swanson for additional two-year terms that will expire on October 31, 2020. I am pleased to recommend Lynell, John, Wendy and Aaron for appointment to the Kent Bicycle Advisory Board for two-year terms, along with reappointment of Andrew (Andy) Sobczyk and Brandon Swanson for additional two-year terms. EXHIBITS: N/A RECOMMENDED BY: Mayor Ralph YEA: N/A NAY: N/A 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. ☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior infrastructure, enriched community interactions, and responsive, trusting relationships. ☒ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong sense of belonging. Agenda Item: Consent Calendar – 8D_ TO: City Council DATE: March 20, 2018 SUBJECT: Appoint Sarah Grace Roach to the Human Services Commission – Confirm SUMMARY: Sara Grace Roach is a student at Kentridge High School who applied to the Human Services Commission so her voice, and those of her generation, is heard for the future of Kent. Sara offers a diverse and unbiased point of view, is a good listener, a team player and is comfortable with public speaking. She is active in drama, choir, multiple dance groups, speech team, Girl Scouts of America and band percussion. She also received a 10-year participant award in the Fire and Ice Irish dance company. I am pleased to recommend Sara Grace Roach for appointment as a Youth Member to the Kent Human Services Commission. EXHIBITS: None RECOMMENDED BY: Mayor Ralph YEA: N/A NAY: N/A 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. ☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior infrastructure, enriched community interactions, and responsive, trusting relationships. ☒ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong sense of belonging. MOTION: Confirm Mayor Ralph’s appointment of Sara Grace Roach to the Kent Human Services Commission as a Youth Member for a two-year term that will expire December 31, 2020. This page intentionally left blank. Agenda Item: Consent Calendar – 8E_ TO: City Council DATE: March 20, 2018 SUBJECT: Appoint Kathleen Cordelia Roberts to the Parks and Recreation Commission – Confirm SUMMARY: Kathleen Cordelia Roberts is a resident of North Park and has lived in Kent for over 20.She raised her three children here. Kent’s beautiful parks made such a difference in her children’s lives that she decided to apply for the commission to give back to the community. Having recently earned her degree from Highline College in Human Services, Kathleen is now pursuing her BAS in Youth Development. Having great gratitude for the city, a heart for young people and desire to help youth growing up in Kent, especially at risk children who need programs to lift them up and raise their self- esteem, prompted Kathleen to apply for the commission and make a positive difference in her community. I am pleased to recommend Kathleen Cordelia Roberts for appointment to the Kent Parks & Recreation Commission. EXHIBITS: None RECOMMENDED BY: Mayor Ralph YEA: N/A NAY: N/A 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. ☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior infrastructure, enriched community interactions, and responsive, trusting relationships. ☒ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong sense of belonging. MOTION: Confirm Mayor Ralph’s appointment of Kathleen Cordelia Roberts to fill a vacant position on the Kent Parks & Recreation Commission, completing the three-year term that will expire on December 31, 2020. This page intentionally left blank. Agenda Item: Consent Calendar – 8F_ TO: City Council DATE: March 20, 2018 SUBJECT: Water Facility Agreement with Covington Water District and Cedar River Water Sewer District – Authorize SUMMARY: The Clark Springs watershed is located east of Covington and incorporated by Kent for municipal purposes. Kent-Kangley Road runs through the watershed and includes a number of utilities. The City entered into an agreement with Covington Water District and Cedar River Water and Sewer District (“Districts”) in 1992 that allowed the Districts to own and operate a water transmission line through the Clark Spring Watershed located under Kent Kangley Road. The attached agreement would renew the original agreement with a 15 year term. With the proposed Agreement, the Districts would continue to operate and maintain their existing infrastructure. In addition, the Districts are agreeing to protect Kent’s Clark Springs Watershed and source aquifer recharge area from any impacts of their operations. EXHIBITS: Water Facility Agreement RECOMMENDED BY: Public Works Committee YEA: Fincher, Troutner, Higgins NAY: N/A BUDGET IMPACTS: There is no budget impact to the water utility. 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 the Mayor to sign a Water Facility Agreement between the City of Kent, Covington Water District and Cedar River Sewer and Water District, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. 1 603894.3 WATER FACILITY AGREEMENT CITY OF KENT – COVINGTON WATER DISTRICT AND CEDAR RIVER WATER SEWER DISTRICT THIS WATER FACILITY AGREEMENT (“Agreement”) is entered into by and between the City of Kent, a Washington municipal corporation (“City”), and Covington Water District, a Washington municipal corporation (“Covington”) and Cedar River Water and Sewer District, a Washington municipal corporation (“Cedar River”) (Covington and Cedar River are referred to herein collectively as the “District”): RECITALS: The City, for the municipal purpose of obtaining a groundwater supply source for the City water system, annexed an island area generally referred to as the “Clark Springs” area, as legally described in Exhibit A, which area is located within Covington’s service area; and Pursuant to the Water Service Agreement dated June 3, 1992 (the “1992 Agreement”) between the City and the District, the City authorized the District to construct and operate a water service transmission line through the Clark Springs area for the benefit of the District’s customers; and The 1992 Agreement contemplated the possibility of a 25-year extension, provided that the District is in compliance with its terms and conditions; and The parties desire to enter into this Agreement to evidence their continuing agreement as it relates to the District’s water service transmission line that passes through the Clark Spring’s area; and The City and the District are public agencies authorized by law to engage in furnishing domestic water service, and to that end, may, through their legislative authorities, enter into a contract with respect to the rights, powers, duties and obligations of the parties regarding the use and ownership of the facilities, the right to promulgate rules and regulations, to levy and collect special assessments, rates, charges, service charges and connection fees, the performance of contractual obligations and any other matters arising out of the provision of the District’s service to areas within the City, all pursuant to and in accordance with chapter 70.116 RCW (Public Water System Coordination Act), RCW 39.34.080, and other applicable laws; NOW THEREFORE: In consideration of the mutual promises contained herein and in the Water Service Agreement, the sufficiency of which is hereby acknowledged, the parties agree as follows: 2 603894.3 1. AUTHORIZATION TO OPERATE A WATER SERVICE TRANSMISSION LINE. 1.1 The City does hereby authorize the District to operate a water service transmission line and appurtenances (“District Facilities”), as specifically described in Exhibit B, through the Clark Springs area in accordance with and subject to the provisions, terms and conditions of this Agreement. 1.2 The District may also repair, renew, replace, or enlarge the District Facilities as necessary for purposes of its water utility functions. 1.3 The grant of authority is non-exclusive. The City may enter into other agreements or franchises of a like nature or franchises for other public or private utilities in the Clark Springs area. This Agreement shall not prevent or prohibit the City from using, relocating, repairing, maintaining, or improving any streets, avenues, highways, alley or public places within the Clark Springs area. 2. SEWERAGE SYSTEMS OR FACILITIES NOT AUTHORIZED. The District shall not construct or operate any sewerage systems or facilities within the Clark Springs area. 3. TERM OF AGREEMENT. This Agreement commences on June 3, 2017 and extends for a period of fifteen (15) years, terminating on June 3, 2032, unless it is terminated in accordance with Section 16. 4. MANAGEMENT, REGULATION AND CONTROL OF DISTRICT FACILITIES. The District shall have the sole responsibility to maintain, manage, operate, regulate and control the District Facilities installed within the Clark Springs area together with any additions, extensions and betterments thereto. 5. PROTECTION OF PUBLIC. 5.1 Whenever an excavation or fill from the construction, maintenance or repair of the District Facilities has caused or contributed to a condition that appears to substantially impair the lateral support of the adjoining street or public place, or endangers the City’s Clark Springs water supply source, or otherwise endangers the public, an adjoining public place, street utilities or City property, the City’s Director of Public Works (“Director”) may require the District, at its own expense and within a prescribed time, to remedy the condition. 5.2 If the District fails or refuses to promptly and fully remedy the condition, or if emergency conditions exist which require immediate action, the City may enter upon the property and take such actions as are necessary to protect the City's Clark Springs water supply source, the public, the adjacent streets or street utilities, or to maintain the lateral support thereof, including placing of temporary shoring, backfilling, alteration of drainage patterns and any other actions reasonably necessary to decrease the possibility of injury to persons or public and 3 603894.3 private property, or any other actions regarded as necessary safety precautions, and the District shall be liable to the City for the costs thereof. 6.PROTECTION OF CLARK SPRINGS WATER SUPPLY SOURCE. The District Facilities authorized by this Agreement do not withdraw ground or surface waters that contribute, directly or indirectly, to the Clark Springs Aquifer. The District shall take reasonable measures to avoid any impact on the ground or surface waters that contribute, directly or indirectly, to the Clark Springs Aquifer during any repair, replacement or relocation of District Facilities. The District shall not construct additional water facilities within or through the Clark Springs Aquifer that withdraw ground or surface waters that contribute, directly or indirectly, to the water supply within the Clark Springs Aquifer without first consulting the Director and obtaining his or her prior approval. Upon the District’s submission of sufficient documentation that the Clark Springs Aquifer water supply will not be adversely affected, such approval by the Director will not be unreasonably withheld. A map diagramming the surface boundaries of the Clark Springs Aquifer is attached as Exhibit C. 7.RELOCATION OF DISTRICT FACILITIES. 7.1 The District shall protect, support, temporarily disconnect, relocate or remove (subject to the provisions below) any of its water facilities covered by this Agreement at its sole cost and expense, whenever the Director reasonably determines that these actions are necessary for any of the following reasons: (a) To improve traffic conditions or public safety; (b) Street vacations, dedications or new rights-of-way and the establishment and improvement thereof, freeway construction, change or establishment of street grade; or (c) The City’s construction of any public improvement or structure; except that the District is authorized in all cases to temporarily bypass, in the authorized portion of the same street upon approval by the City, any water main or portion thereof required to be temporarily disconnected or removed. 7.2 The City acknowledges that the District Facilities are substantial and cannot be relocated without the District suffering inordinate expense. The City will make its best effort to design or redesign streets, avenues, alleys or public places or ways, and other City utilities to minimize the impact on the District Facilities, including the need to require the District Facilities to be relocated. PROVIDED HOWEVER, that the City shall make the final determination on the need for relocation of the District Facilities. 7.3 If the City determines that any of the above circumstances necessitate the relocation of District Facilities, the City shall provide the District with at least one hundred twenty (120) days’ written notice. The District shall complete the 4 603894.3 relocation at no cost to the City and within the time frame set by the City. If the District fails to complete relocation of its facilities as so directed, the City may remove the District Facilities at the District's expense. The parties agree to coordinate their respective construction work and schedules in such event. 8. CONSTRUCTION AND EXCAVATION REQUIREMENTS. 8.1 Surface Structures. During any period of installation, relocation, maintenance or repair of the District Facilities, all surface structures, if any, shall be erected and used in such places and positions within the public rights-of-way and other public properties so as not to contaminate, harm or otherwise injure the City’s Clark Springs water supply source and to minimize interference with the free passage of traffic and the free use of adjoining property. The District shall at all times post and maintain proper barricades during such period of construction as required by state law or City ordinance. 8.2 Excavation. (a) The District shall apply to the City for a permit for any excavation within any public right-of-way or other public property located within the City for the purpose of installation, repair, maintenance or relocation of the District Facilities at least three (3) working days in advance of the excavation. Emergency repairs may be conducted without such three (3) day notice; however, the District shall give as much notice as is practical. (b) During the progress of the work, the District shall not contaminate, harm or otherwise injure the City’s Clark Springs water supply source, nor shall the District unnecessarily obstruct the passage or proper use of the right-of-way. (c) If either the City or the District at any time plan to make excavations in any area covered by this Agreement, the party planning such excavation shall afford the other, an opportunity to share such excavation, PROVIDED THAT: (1) The joint use shall not unreasonably delay the work of the party causing the excavation to be made; (2) The joint use shall be arranged and accomplished on terms and conditions satisfactory to both parties; and (3) The initiating party may deny a joint excavation request for safety reasons. 8.3 Survey Monuments and Markers. Prior to commencement of any construction authorized by this Agreement, the District shall reference all monuments and markers of every nature relating to highways and all other 5 603894.3 surveys. The reference points shall be so located that they will not be disturbed during the District's operations under this Agreement. The method of referencing these monuments or other points to be referenced shall be approved by the Director before placement. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as conditions permit and as directed by the Director. The costs of monuments or other markers lost, destroyed, or disturbed and the expense of replacement by approved monuments shall be borne by the District. 8.4 Condition of Streets. After construction, maintenance or repair of the District Facilities authorized by this Agreement, the District shall leave all streets, avenues, highways or public places in as good and safe condition in all respects as they were before commencement of such work by the District, its agents or contractors. The Director shall have final approval of the condition of such streets and public places after completion of construction. 9.APPROVAL OF FUTURE CONSTRUCTION. 9.1 Submission of Plans. Prior to construction of any pipes, conduits, mains and appurtenances in the locations covered by this Agreement, the District shall submit to the Director, electronic plans drawn to an accurate scale, showing the exact location, character, position, dimension, depth and height of the work to be done and all of the information contained within this Section 9.1. (a) The plans shall accurately depict the relative position and location of all pipes, conduits, mains, and appurtenances to be constructed, laid, relaid, installed, replaced, repaired, connected or disconnected, and the existing right-of-way or property lines. All right-of-ways denoted shall be designated by their names and number. (b) The plans shall include the local improvements present, such as roadway pavement, shoulders, sidewalks, curbs, gutters, ditches, driveways, parking strips, telephone or electric distribution poles, conduits, storm, gas or water pipe lines. (c) The plans shall include erosion control measures as well as protective measures to be taken for fueling and lubrication of vehicles and equipment to protect groundwater and surface waters throughout the City right-of-way, and must be approved by the Director. Except that the fueling and lubrication of vehicles and storage of equipment is prohibited within the Clark Springs Area. Any plans within the Clark Springs Area shall contain this prohibition. (d) Plans shall include the requirement to have spill kits on site during the entire time of construction or maintenance activities. In the event of a spill, City of Kent staff should be contacted as soon as possible at (253) 856-5600, and efforts made to contain and clean up the spill immediately. 6 603894.3 9.2 Material and Equipment Requirements. In any construction proposed by the District pursuant to this Agreement, all materials and equipment shall be of the first class type and kind. The plans shall include the exact class and type of the materials and equipment to be used. The plans shall also include the mode of safeguarding and facilitating the public traffic during construction (traffic control plans). 9.3 Director Approval Required. The manner of excavation, construction installation, backfill, and temporary structures (such as traffic turnouts, road obstructions, etc.) shall meet with the approval of, pass all requirements of, and be constructed under the supervision of the Director. Prior to approval of any work under this Agreement, the Director may require such modifications or changes as he or she deems necessary to properly protect the public in the use of the public places, and may fix the time or times within and during which such work shall be done. 9.4 Payment for Plan Review. The District shall pay to the City such amounts as, in the judgment of the Director, are reasonably necessary to investigate and process any plans for construction work, to inspect such work, to secure proper field notes for location, to plat such locations on the permanent records of the City Public Works Department, to supervise such work, or to inspect or re-inspect as to maintenance, during the progress of or after the repair of, any of the District Facilities constructed pursuant to this Agreement. 10. CITY CONSTRUCTION ADJACENT TO DISTRICT FACILITIES. The laying, construction, maintenance and operation of the District Facilities shall not preclude the City or its authorized agents and contractors from blasting, grading or doing other necessary road or utility work contiguous to the District Facilities, provided that the District shall have thirty (30) days’ notice of any blasting or excavation in order that the District may protect its line of pipe and property. In the event of an emergency, such work may be conducted without giving thirty (30) days’ notice; however, such notice as is practical shall be given. 11. INDEMNIFICATION. 11.1 District shall indemnify, defend and hold the City, its agents, officers, employees, volunteers and assigns harmless from and against any and all claims, demands, liability, loss, cost, damage or expense of any nature whatsoever, including all costs and attorney's fees, made against them on account of injury, sickness, death or damage to persons or property which is caused by or arises out of, in whole or in part, the willful, tortious or negligent acts, failures and/or omissions of District or its agents, servants, employees, contractors, subcontractors or assigns in exercising the rights granted District in this Agreement; provided, however, such indemnification shall not extend to injury or damage to the extent caused by the negligence or willful misconduct of the City, its agents, officers, employees, volunteers or assigns. 7 603894.3 11.2 City shall indemnify, defend and hold the District, its agents, officers, employees, volunteers and assigns harmless from and against any and all claims, demands, liability, loss, cost, damage or expense of any nature whatsoever, including all costs and attorney's fees, made against them on account of injury, sickness, death or damage to persons or property which is caused by or arises out of, in whole or in part, the willful, tortious or negligent acts, failures and/or omissions of City or its agents, servants, employees, contractors, subcontractors or assigns in exercising the rights granted City in this Agreement; provided, however, such indemnification shall not extend to injury or damage to the extent caused by the negligence or willful misconduct of the District, its agents, officers, employees, volunteers or assigns. 11.3 In the event any such claim or demand be presented to or filed with the District or the City arising out of or relating to the acts or omissions in whole or in part of the other party, the party shall promptly notify the other party thereof, and the notified party shall have the right, at its election and at its sole cost and expense, to settle and compromise such claim or demand. 11.4 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of City and District, their officers, employees and agents, District's liability hereunder shall be only to the extent of District's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the parties' waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. 12.INSURANCE. The District shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges and authority granted hereunder to the District, its officers, officials, agents, and employees. The District shall provide evidence of such insurance to the City for its inspection prior to the adoption of this Agreement, and such insurance shall evidence: A. Automobile Liability Insurance with limits no less than $1,000,000.00 Combined Single Limit per accident for bodily injury and property damage; and B. Commercial General Liability Insurance written on an occurrence basis with limits no less than $5,000,000.00 Combined Single Limit per occurrence and $5,000,000.00 aggregate for personal injury, bodily injury and property damage. 8 603894.3 Any deductibles or self-insured retentions must be declared to and approved by the City. Payment of deductible or self-insured retention shall be the sole responsibility of the District. The insurance obtained by the District shall name the City, its officers, officials, employees and agents as insureds with regard to activities performed by or on behalf of the District. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or agents. In addition, the insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. The District's insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance maintained by the City, its officials, officers, employees or agents shall be in excess of the District's insurance and shall not contribute with it. The insurance policy or policies required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (3O) days’ prior written notice by certified mail, return receipt requested, has been given to the City. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. The above referenced insurance coverage may be provided by comparable insurance risk pool coverage, and a coverage letter from the risk pool administrator may be provided in lieu of a certificate of insurance. 13. COMPLIANCE WITH LAWS. The District, its employees, contractors, or any person acting on behalf of the District shall keep themselves fully informed of all federal and state laws, and all municipal ordinances and regulations which in any manner affect the work or performance of the work authorized under this Agreement, and shall at all times observe and comply with such laws, ordinances and regulations. 14. NON-DISCRIMINATION. The District agrees that it shall not discriminate against any employee or applicant on the grounds of race, creed, color, religion, national origin, sex, marital status, sexual orientation, gender identity, honorably discharged veteran or military status, age or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification or any other unlawful basis. The District shall take such action with respect to this Agreement as may be required to ensure full compliance with chapter 49.60 RCW. 15. MODIFICATION. The City and District hereby reserve the right to alter, amend or modify the terms and conditions of this Agreement upon the written agreement of both parties. 16. TERMINATION FOR BREACH. If the District willfully violates or fails to comply with any of the provisions of this Agreement, or fails to heed or comply 9 603894.3 with any notice given the District under the provisions of this Agreement, or persistently disregards laws, ordinances or instructions of the Director, then the City may, without prejudice to any other right or remedy and after giving the District five (5) days’ written notice, terminate this Agreement. 17.REMEDIES TO ENFORCE COMPLIANCE. In addition to any other remedy provided herein, the City reserves the right to pursue any remedy to compel or force the District and/or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring this Agreement terminated for breach of the conditions herein. District shall have the right of specific performance of the terms hereof in the event of City’s breach. 18.CITY’S ABILITY TO ENACT AND ENFORCE ORDINANCES AND REGULATIONS. This Agreement shall not restrict the City’s ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this Agreement, including any reasonable ordinance made in the exercise of its police powers in the interest of the public safety and for the welfare of the public. The City shall have the authority at all times to control by appropriate regulations the location, elevation and manner of construction and maintenance of any District Facilities. 19. ASSIGNMENT. The District may not assign the rights, duties and obligations under this Agreement without the prior, written consent of the City, which consent shall not be unreasonably withheld. If such consent is given for assignment, acceptance of the assignment shall be filed by the District’s successor with the City. 20.SUCCESSORS AND ASSIGNS. All the provisions, conditions, regulations and requirements contained in this Agreement shall be binding upon the successors and assigns of the District, and all privileges of the District shall inure to its successors and assigns equally as if they were specifically mentioned herein. 21. NOTICE. Any notice or information required or permitted to be given to the parties under this Agreement may be sent to the following addresses unless otherwise specified: THE CITY OF KENT COVINGTON WATER DISTRICT Director of Public Works General Manager 400 West Gowe 18631 SE 300th Place Kent, WA 98032 Covington, WA 98042 CEDAR RIVER WATER & SEWER DISTRICT General Manager 18421 SE Petrovisky Rd. Renton, WA 98058 10 603894.3 22. AUTHORITY. Each party represents to the other parties that it has the full power and authority to enter into this Agreement and to bind itself to, and to perform, each and every term, covenant and condition herein, and that to do so will not violate any other agreement, contract, condition, or covenant applicable to the party. 23. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. No prior or contemporaneous representation, inducement, promise or agreement between or among the parties which relate to the subject matter hereof which are not embodied in this Agreement shall be of any force or effect. 24. RATIFICATION. All acts taken that are consistent with the 1992 Agreement and this Agreement and which occurred prior to the effective date of this Agreement are hereby ratified and affirmed and the terms of the 1992 Agreement and this Agreement shall be deemed to have applied. IN WITNESS WHEREOF, the parties have executed this Agreement effective on the day and year first above written. THE CITY OF KENT COVINGTON WATER DISTRICT ______________________ _______________________ By____________________ By_____________________ Its____________________ Its_____________________ ATTEST: CEDAR RIVER WATER & SEWER DISTRICT ______________________ KIM KOMOTO, CITY CLERK _______________________ APPROVED AS TO FORM: By_____________________ Its_____________________ ____________________________ Kent Law Department EXHIBIT A TAX LOT 2622069010 CITY OF KENT CLARK SPRINGS - ISLAND ANNEXATION AREA THE SOUTH HALF OF SECTION 26, TOWNSHIP 22 NORTH, RANGE 6 EAST, W.M., TOCATED IN KING COUNTY, WASHINGTON. CONTAINING 320 ACRES, MORE OR LESS LANO //o/2o17I EXHIBIT B THAT PORTION OF THE 60 FOOT WIDE ESTABLISHED RIGHT-OF-WAY KNOWN AS S.E. KENT-KANGLEY ROAD LYING WITHIN THAT PORTION OF THE SOUTH HALF OF SECTION 26, TOWNSHIP 22 NORTH, RANGE 6 EAST, W.M., LOCATED IN KING COUNTY, WASHINGTON. ALSO, THAT PORTION OF THE 60 FOOT WIDE ESTABLISHED RIGHT-OF-WAY KNOWN AS S.E. SUMMIT-LANDSBURG ROAD LYING WITHIN THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 22 NORTH, RANGE 6 EAST, W.M., LOCATED IN KING COUNTY, WASHINGTON. 1//okor? MapleValley Clark Springs C e darRiver C o v i n g t o n C r e e k G r e e n Rive r S R 5 1 6 276th Ave SE R o b erts Dr SE S u mmit L a n d sb u r g R d SR 16 9 SE Kent-Kangley Rd L a wso n St Kanaskat Ka n gley Rd SE S E G r e e n R iver GorgeRd RetreatKanaskat Rd BlkDiamond- R a v e n s dlRd SE Cum b erland Kan a s k a t RdSE 29 3 r d Av e S E ops17-31.mxd Surface Boundary ofClark Springs Aquifer City of Kent Property Boundary Surface Boundary of Clark Springs Aquifer January 18, 2018 Aquifer source data provided by R2 Resource Consultants. Road celnterline, hydrography and contour data provided by King County, 2017. Kent property boundary provided by City of Kent. Exhibit C N1Mile This page intentionally left blank. Agenda Item: Consent Calendar – 8G_ TO: City Council DATE: March 20, 2018 SUBJECT: Contract with Jacobs Engineering Group for the Green River Natural Resources Area South Pump Station – Authorize SUMMARY: The project would collect stormwater from existing channels that drain the area near Hogan Park and pump it to the Green River. An existing outfall is located near the Public Works Operations facility and would be utilized as the discharge point. This consultant services agreement with Jacobs Engineering Group, Inc. includes completion of design plans and specifications including geotechnical engineering and locating existing underground utilities. The new GRNRA stormwater south pump station will reduce flood risk to roadways and properties in the Kent Valley. EXHIBITS: Contract RECOMMENDED BY: Public Works Committee YEA: Troutner, Fincher, Higgins NAY: N/A BUDGET IMPACTS: Funding for this contract will come from budgeted drainage utility funds. STRATEGIC PLAN GOAL(S): ☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community partnerships. MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Jacobs Engineering Group, Inc., in an amount not to exceed $360,800.00 for engineering services on the Green River Natural Resources Area South Stormwater Pump Station, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and Jacobs Engineering Group, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Jacobs Engineering Group, Inc. organized under the laws of the State of Delaware, located and doing business at 600 108th Ave NE, Suite 700, Bellevue, WA 98004, Phone: (425) 456-9784, Contact: Erik Brodahl (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide engineering services for the Green River Natural Resources Area South Stormwater Pump Station Project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II.TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2018. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Three Hundred Sixty Thousand, Eight Hundred Dollars ($360,800.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant’s services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant’s services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within t he Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultan t's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION.The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by th is Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. / / / / / / / / / / / / CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Erik Brodahl Jacobs Engineering Group, Inc. 600 108th Ave. NE, Sutie 700 Bellevue, WA 98004 (425) 456-9784 (telephone) (425) 452-1212 (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Tim LaPorte, P.E.. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department Jacobs Engineering Group, Inc - GRNRA South Stormwater Pump Station/Lincoln EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ Exhibit A Gity of Kent SCOPE OF SERVICES GRNRA South Stormwater Pump Station and Force Main Engineering Design Services Jacobs Engineering Group lnc. February 2018 1. PROJECT UNDERSTANDING Studv Area lssues / Problems: The Green River Natural Resource Area (GRNRA) within the City of Kent (City) is a 304-acre stormwater treatment, flood control and wildlife habitat area located within the Kent Valley. The prolect converted previous sewage treatment facilities to the current use in 1996, and includes a 35-acre lagoon, 2}-acre constructed wetland, and three smaller pre-settling ponds (5.6 acres total). The GRNRA contains extensive plantings and provides trails, significant habitat, wildlife diversity and multiple uses. The GRNRA has experienced high flood and stormwater runoff rates and has had higher operating levels than the design target elevations, resulting in a loss of active flood storage capacity. Ongoing redevelopment and increased stormwater runoff in the drainage basins upstream of the GRNRA have necessitated the need to control flooding and for additional upstream stormwater diversion from the GRNRA. The City has worked with Anchor QEA to perform preliminary engineering and an alternatives analysis to develop solutions to the flooding issues. The City has selected a combination of alternatives from the Anchor QEA report to proceed into the design and construction phases. The first alternative features a proposed stormwater pumping station located NW of the intersection of West James Street and 64th Avenue South. The stormwater pump station facilities are anticipated to include a precast concrete wet well; two wet well-mounted pumps (VFD controlled); a CMU pump enclosure; a flow meter, an open-sided shelter over electrical, control system, and telemetry cabinets; and a standby generator set with a sound attenuated enclosure. Also associated with the stormwater pump station facilities will be a precast concrete diversion structure with a weir, 40 lineal feet of a 3-foot by S-foot precast concrete box culvert, and approximately 100 linealfeet of 18-inch diameter pipe. The proposed 24-inch diameter HDPE force main (approximately 2,600 lineal feet) will be routed west along West James Street, south and west around the Kent lce Center, west along the southern portion of the City's Public Works Operations Facility, and north along Russell Road to the connection to the existing 30- inch diameter Green River outfall (which will likely need debris removal and minor repairs, to be determined by the City). February 2078 Page 1. of 72 Jacobs Engineedng Group Inc. The second alternative features a high flow gravity bypass connection to the existing outfall to the Green River. This proposed system will include a precast concrete vault with a weir, a new manhole and catch basins, and approximately 330 linealfeet of 3O-inch diameter pipe. Proiect Goals and Obiectives: Provide a pump station and force main system capable of diverting up to 25 cubic feet per second (CFS) of stormwater runoff from the drainage channel along.64'n Avenue South to outfall to the nearby'Green River, adjacent to the intersection of South 240th Street and Russell Road South. Provide a high flow gravity bypass to divert stormwater runoff from the drainage channel located at the southeast corner of Hogan Park. These improvements are intended to help reduce repeated flooding in the downtown Kent and nearby industrial areas. The City has asked Jacobs Engineering Group lnc. (Jacobs i Consultant) to provide engineering design services for the stormwater pump station, force main, high flow bypass and associated flow diversion facilities and piping, as described for the alternatives above. Additionally, site work will include grading, paved site access, lighting, a stormwater detention/treatment system for new impervious area (including LID features as necessary), fencing, and landscaping. ln addition to complete design services, Jacobs will provide bidding support during project advertisement to answer questions on the designs, provide clarifications during bidding and assist in the preparation of addenda. Construction phase services are not currently included with this scope of services, but may be added by amendment. The services herein are the subsequent phase of the work started with the lnitial Field Reconnaissance Services, as described further below. 2. ASSUMPTIONS ln order to expedite design work for this project, the City amended the scope of an existing contract for the GRNRA Pump Station and Force Main Project Evaluation and Alternatives Analysis, to perform lnitial Field Reconnaissance Services for the GRNRA South Stormwater Pump Station and Force Main project described above. The amendment included preliminary topographic survey research; performing wet and dry utility locates; and performing geotechnical field exploration, laboratory testing for soils properties, and a draft geotechnical report. Engineering design services necessary to complete a bid package for the project will be performed as part of this contract. Bidding phase services will also be provided through this contract. Completion of the design will rely on work performed by the City and others during the alternatives analysis. Due to the short schedule duration, no time or budget will be expended reviewing the adequacy of past analyses. lt is generally assumed that all provided pumping rates and pipes sizes are adequate for the intended project purpose. This scope of work is based on the following assumptions: City will provide record drawings of existing City utilities in project vicinity for referencea February 2018 Page 2 of 12 Jacobs Engineering Gtoup Inc. . City will provide topographic survey services in general accordance with previous scope of work for Phase 1, including field topographic survey, and preparation of project base maps to be provided to Jacobs.r Jacobs will subcontract to pothole utilities to verify feasibility of design layout and alignment and to provide measurements as needed for potential utility conflicts, as determined to be necessary by the City and Consultant team. Field measurements by the potholing company will be provided (survey of exposed utilities will not be performed).. Design will proceed as a combination of the alternatives described above, and will not include advancing other alternatives.r The City will determine the design pumping rate for the stormwater pump station. Additional hydraulic modeling of incoming flow rates and weir gate levels will not be included in this scope of services, and computations for confirming capacity of facilities will not be provided by Consultant.r lt is assumed that a hydraulic transient (surge) analysis will not be required for this project.r The weirs at the flow diversion structures will be manually adjusted, and not automated or tied to the telemetry system.o Standard debris removal structures suitable for ditches in upstream system will be included; specialized screening facilities are not part of this scope of services.o The existing concrete cylinder pipe outfall to the Green River has an adequate rating for the pressures associated with the new stormwater pump station and force main system, and is in suitable condition other than needing debris removal and minor repairs (City to confirm this by TV inspection). The City will perform the debris removal and minor repairs separately from this project / contract. The new force main will connect to an existing manhole, and it will not be necessary to connect to or modify the existing 30- inch diameter outfall pipe.. Basic utility building architectural design for the CMU pump enclosure, electrical equipment enclosure, and generator set enclosure will be provided; specialized architectural features will not be incorporated. Enclosures will have open sides, and will not require insulation, fans, or other HVAC equipment.o Structural design of the wet well is not included (assumed to be precast concrete).. Design of temporary shoring and dewatering systems will be the Contractor's responsibility.. Three-phase power is readily available adjacent to the site, and a transformer vault will be installed near the new stormwater pump station facilities (City to confirm with Puget Sound Energy tPSEI).o The City will coordinate with PSE regarding design and installation of electrical service and transformer for the pump station, including application and payment for service.o The Contractor will be responsible for obtaining any necessary electrical permits required for construction.. The generator set will be housed in a standard "quiet-site" enclosure rather than a custom sound-enclosure (as manufactured by Alum-Tek, etc.).. Services of an acoustical consultant are assumed to not be required.. Traffic control plans will be City-prepared and contractor modified as needed (not included as part of this scope).. City will lead and prepare the submittals of all City permit applications. City permitting support from Consultant is not included in this scope of services. February 2018 Page 3 of 12 Jacobs Engineering Group Inc. . The City is currently preparing a wetland evaluation for the project site under a separate effort.o City will lead and prepare all environmental permit applications. Environmental permitting support from Consultant is not included in this scope of services. . City will prepare Stormwater Pollution Prevention Plan (SWPPP). SWPPP development support from consultant is not included in this scope of services.. Design of a standard 1O-foot wide landscaping strip around the edge of the stormwater pump station site is assumed. Wetland buffer mitigation plantings and/or specialized LID plantings are not included in this scope, and would need to be added as an amendment from the City if necessary for the project. . City will provide community involvement / public relations as needed for the project. . City will be responsible for right-of-way, easement, and property acquisition as needed for the project, including acquisition of title reports.. Some elements of the project schedule are beyond the Consultant's control, including topographic survey and creation of project base maps, City and environmental permitting, and right-of-way/easemenVproperty acquisition. These elements may have variable timeframes, and could potentially impact the design delivery schedule.. This scope of services ends with bidding services; construction phase services, including preparation of issued for construction (lFC) drawings and conformed specifications are not part of this scope. Preliminary estimates of construction cost prepared by the Consultant represent the Consultant's best judgment as a design professional familiar with the construction industry. lt is recognized, however, that neither the Consultant nor the City has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Consultant cannot and does not warrant or represent that prolect costs will not vary from the estimates of construction cost or evaluation prepared or agreed to by the Consultant. The City has provided and will provide certain additional documents including the following r Preliminary location for stormwater pump station . Preliminary alignment for force main r Preferences for facility type, pumps and related equipment, generator set, etc. . Design pumping rate for new stormwater pump station r Wetland and biological evaluations and reports . Hydraulic modeling information for river and stormwater pump station . GIS data for project area . Topographic survey and base maps for project area. . Standard City specifications and contract documents in Microsoft Word format . City standard details in AutoCAD and/or PDF format . Sample plans and specifications from recent City stormwater pump station contract (James Street Stormwater Pump Station)for reference February 2018 Page 4 of 1,2 Jacobs Engineering Group Inc. 3. PROPOSED SCOPE OF WORK FOR ENGINEERING DESIGN Below are the identified tasks for the prolect. Before the start of each task of work, Jacobs will get written or verbal notice to proceed from the City's Project Manager prior to initiating work. Task 100 - Project Management The purpose of this task is to provide oversight and management of the work including contract administration, quality review and assurance, and periodic communication with the City. Activities Proiect Administration. The following activities are included: . The Consultant will manage the project according to the Scope, Schedule, and Budget as defined in herein and as contracted. r The project schedule will identify significant tasks and anticipated durations, significant milestones, and agency reviews and approvals.o The Consultant will monitor the schedule and prepare updates monthly, as necessary.o The Consultant will prepare a monthly progress report to accompany each monthly invoice. Progress reports will include a narrative of work completed, schedule adherence, budget adherence, and anticipated work for the next period. o The Consultant will prepare meeting agendas will include review of action items and significant decisions. Action items will include action, responsible party, and resolution date. Periodic Communication. The Consultant will maintain regular communication with the City's Project Manager to discuss and review information and issues that may affect the progress of the work. Communication may include phone conversations, scheduled meetings, and electronic communication. The Scope of Work includes one two-hour project management meeting per month for the Consultant Project Manager, including agendas and meeting notes. This Scope of Work includes an allowance of five (5.0) man-hours per calendar month (up to six (6) months) for periodic communication to support the City's Project Manager in completion of the work. Quality Gontrol. The Consultant will implement quality assurance procedures so that project deliverables are subjected to in-house reviews prior to submittal to the City. These reviews will be conducted under the direction of the Consultant's Project Quality Assurance Manager, Manager of Projects, and Project Manager, and will focus on checking the major elements with respect to adequacy of response to the specific design challenges, conformance to accepted design practices, compliance with the City's standards and that the work is of professional quality meeting the customary standard of care. Deliverables: The following Deliverables are included in this Task: . Project schedule identifying significant tasks and anticipated durations, significant February 2018 Page 5 of 72 Jacobs Engineedng Group Inc milestones, and agency reviews and approvals. . Monthly Progress Report & lnvoices. . Periodic communications documentation as requested Task 200 - Geotechnical Engineering Services The purpose of this task is to provide a final geotechnical engineering report with project recommendations, based on information obtained and the draft geotechnical engineering report from the lnitial Field Reconnaissance Services phase of this project. Assumptions: . The geotechnical engineering subconsultant will research available soils and data from other reports in the project vicinity. . The City will provide any adjacent geotechnical studies (such as for the Public Works Operations Facility). . Preliminary infiltration evaluation as needed for LID facilities will be provided to determine the feasibility of on-site infiltration. r lt is assumed that the geotechnical recommendations report will be made available to prospective bidders and the contractor, and a separate geotechnical data report (GDR) will not be developed. . Jacobs plans to subcontract with HWA Geosciences, lnc. (HWA) to complete this task (as a continuation of the previous phase). Activities: Data Review. The City will provide copies of previous studies, information, and any known issues with subsurface conditions for the project area. The geotechnical subconsultant will review the data and applicable reports, and incorporate the research into their report and recommendations. Final Geotechnical Report. The geotechnical consultant will complete an engineering analysis from data derived from the field explorations. The analysis will include development of seismic design parameters, foundation design, uplift evaluations, dewatering analysis, potentialfor onsite infiltration, temporary shoring earth pressures, permanent earth pressures and trench backfill recommendations. The final geotechnical report will contain results of the geotechnical engineering investigation, including description of surface and subsurface conditions; a site plan showing exploration locations and other pertinent features; summary boring logs; and laboratory test results. The report will provide a narrative and geotechnical recommendations for each of the above described geotechnical aspects of the prolect. Deliverables: . Schedule providing delivery dates for all other deliverables under this task. o Final geotechnical report, electronic version, three hard copies for City, and two hard copies for Consultant. February 2018 Page 6 of 1,2 Jacobs Engineering Group Inc. o Plan review related to the geotechnical aspects of the project at the 50 percent milestone. Task 300 - Potholing The purpose of this task is to provide potholing to identify potential utility conflicts Assumptions: . Field measurements of existing utilities exposed during potholing will be provided and recorded by APS. Survey of existing utilities by City will not be performed. . Jacobs plans to subcontract with Applied Professional Services, lnc. (APS) to complete the potholing (as a continuation of the previous phase). Activities Potholinq. Consultant will identify up to six (6) locations for potholing to identify potential utility crossing conflicts. Locations will be provided to City for review and input prior to proceeding with the work. APS will perform potholing using a Vactor truck, and will provide measurements of exposed utilities. Deliverables: r Schedule providing delivery dates for all other deliverables under this task. Map identifying proposed pothole locations. . Recorded field measurements of exposed utilities. Task 400 - 50 Percent Design The purpose of this task is to provide 50% level design drawings, specifications/contract documents, and a Class 4 OPCC for disciplines including civil, mechanical, structural, architectural, HVAC, electrical, and landscaping. To obtain concurrence that the proposed design concept is aligned with the City's project goals, the Consultant will provide conceptual-level drawings of the stormwater pump station, force main, and bypass facilities and piping. Concepts in the selected alternatives from the previous alternatives analysis will be advanced to this higher level of detail to obtain City input prior to full 50 percent-level plan development. Activities: Preliminarv Drawinqs/Calculations/Research. The conceptual-level design drawings will focus on establishing the location and approximate size and layout of the main components of the stormwater pump station, and establishing the necessary property dimensions. Similarly, the drawings will focus on the plan view layout of the piping and bypass facilities. Piping profiles and connection / fitting details will be provided for future submittals, after the layout has been accepted by the City. February 2018 Page7 of 12 Jacobs Engineedng Group Inc. lncluded disciplines at conceptual-level design: Civil, stormwater pump station mechanicali piping, electrical (one-line diagram only). Excluded disciplines at conceptual-level design: Structural, architectural, HVAC, and landscaping (other than showing rough planting locations on the plans). 50% Drawinqs/Galculations/Research. The 50% level design drawings are anticipated to include the following: . Overall project cover sheet . Sheet index . General notes, abbreviations, and legend o Survey and datum information for existing site o Ternporary erosion and sediment controls (TESC) . Wet well plan and profile . Pumping system layout . Force main plan and profile . Gravity storm pipes, manholes, and catch basins plan and profile . Diversion structures and box culvert plan and profile . Control building o Plumbing o Structural cover sheet with abbreviations and legend o Structural special inspections . Pump enclosure roof . Concrete slabs and foundations o Structural plan and sections o Structural details . Architectural cover sheet with abbreviations and legend . Architectural plan and sections r Architecturaldetails . HVAC system o Electrical cover sheet with abbreviations and legend . Electrical schedules including conduit and cable . Electrical site plan, with power and grounding . Electrical plan and section views, including open-sided shelter . Lighting plan, details, and fixture schedules . Switchboard, motor control centers, and main control panel plans and elevations . Standby generator set . Electrical one-line diagram . Electrical details o lnstrumentationdiagrams . Landscaping plans . Landscaping details February 2018 Page 8 of 12 Jacobs Engineering Group Inc. This scope of work assumes approximately 40 total drawings sheets will be necessary, although not all of these are necessarily expected to be provided at the 50% design stage. Electrical design will be prepared in accordance with current NEC and Washington State energy codes. Structural design will be prepared in accordance with current lBC. Additional details and/or drawing sheets may be added as needed between the 50% and g0% design stages. Specifications. Technical specifications and contract documents in the City's standard format will be provided by the City for all disciplines and modified by the Consultant as necessary to address prolect specifics. OPCC. An American Association of Cost Engineering (AACE) Class 4 OPCC will first be provided at the 50% design review stage, and further refined at future design iterations. Meetinqs. Attend a total of three (3) meetings with the City. One workshop with City Engineering and Operations staff (to discuss project preferences); one conceptual-level design review meeting with City to review conceptual plans and technical memorandum summarizing main design concept, goals, equipment, and City preferences (informal basis of design report); and one 50% level meeting to review design drawings, specifications/contract documents, and OPCC for disciplines including the civil, mechanical, structural, architectural, HVAC, electrical, and landscaping. Deliverables: r Three hard copies of half size conceptual-level design drawings (1 1 x 17-inch), and electronic (PDF) version. o Memo summarizing proposed design concept, equipment, and preferences (electronic version). r Three hard copies of half-size 50% design drawings (1 1 x 17-inch), and electronic (PDF) version. o Three hard copies of 50% technical specifications and electronic (Microsoft Word) version. o Three hard copies of 50% OPCC and electronic (Microsoft Excel) version. Task 500 - 90 Percent Design The purpose of this task is to provide 90% level design drawings, specifications/contract documents, and OPCC for disciplines including the civil, mechanical, structural, architectural, HVAC, electrical, and landscaping. Activities: February 201,8 Page 9 of 72 Jacobs Engineedng Group Inc. Drawinqs/Specifications/OPGG. The items identified in the 50% stage will be further progressed and refined to the 90% design level. A Class 3 OPCC will be provided at the 90% level. Meetinqs, The City and consultant will meet for a g0% design review meeting to discuss the City's review comments. Due to aggressive project schedule, consultant will continue to work after submittal of 90% design to City. Storm Drainaqe Report. Prepare storm drainage report addressing detention, water quality control, and TESC, as applicable for submittal to City for permitting purposes. Deliverables: o Three hard copies of half-size 90% design drawings (1 1 x 17-inch), and electronic (PDF) version. . Three hard copies of 90% technical specifications and electronic (Microsoft Word) version. r Three hard copies of 90% OPCC and electronic (Microsoft Excel) version. . Three hard copies of storm drainage report, draft and final, and electronic (PDF) version. Task 600 - Final Design The purpose of this task is to finalize the design drawings, specifications, and OPCC for disciplines including civil, mechanical, structural, architectural, HVAC, electrical, and landscaping. Activities Drawinqs/Specifications/OPcc. The items identified in the 50% and 90% design stage will be progressed to the final design level. A Class 2 OPCC will be provided at the final design stage. Deliverables: . Three hard copies of half-size final design drawings (11 x 17-inch) and three hard copies of full size final design drawings (22 x34-inch), and electronic (PDF) version (all signed and stamped). o Three hard copies of final technical specifications and electronic (Microsoft Word) version (signed and stamped). o Three hard copies of final OPCC and electronic (Microsoft Excel) version. . Engineer's estimate (electronic version). Task 700 - Control System, lnstrumentation, SCADA, and Telemetry Design The purpose of this task is to provide design services associated with the control, instrumentation, alarms/SCADA, and telemetry systems associated with the new station Assumptions: February 2018 Page 70 of 72 Jacobs Engineedng Group Inc. The systems for this project will be of similar scope and complexity to other similar City stormwater pump station facilities. Construction phase services (submittal review, RFls, change orders, etc.) are not included in this scope of work. Programming modifications to the Master Telemetry Panel at the City headquarters to communicate with the new stormwater pump station would be completed separately. This work would be proposed as a subcontractor during the bidding phase of the work, separate from the City's engineering contract. Jacobs plans to subcontract with Systems lnterface, lnc. to complete this task. Activities: Technical Memorandum. The technical memorandum will summarize the main decisions, preferences, and equipment selections to be included in the prolect. Engineering Design Services. The following services will be included as part of this project: Prepare bid specification text and drawings for a new Stormwater Pump Station. The specifications will include Division 16 (partial, remainder of section to be provided by Consultant Electrical Engineer) and Division 17 (complete). Significant equipment that will be specified include:o Pump Motor Controlso Variable Frequency Drives (used as phase converters)o Motor Contactors and Overload Protectiono lnstrumentationo Telemetry and Control Panelo lntrusion Monitoring (via Limit Switches, PIR Motion Sensors, etc.)o Wet well Level Detection (float based)o Check Valve Position Monitoring (via Limit Switches)o Programmable Logic Controllers (Siemens 57 series)o Radio Communication lnterfaceso Power Monitoringo lnterfaces to Generator and ATS systemso SCADA lnterfaces at the Master Telemetry Station Prepare a Radio Communications Path Study to establish direction, height, style, and gain of the Stormwater Pump Station radio antenna. Attendance by Systems lnterface lnc. at one design coordination meeting at Jacobs or City of Kent offices. Prepare an Engineer's Estimate for the Pump Controls, lnstrumentation, Telemetry, and SCADA portions of the project cost (to be integrated in overall Consultant OPCC). Deliverables: r Draft technical memo, electronic version.o Final technical memo, electronic version and three hard copies a a a a a a a a February 2018 Page 17 of 12 Jacobs Engineering Group Inc. Design input (plans and technical specifications) incorporated to overall Consultant 50%, 90%, and finaldesign packages. Task 800 - Bidding Services The purpose of this task is to provide consulting services during the bidding phase to address prospective bidder's questions. Activities: It is assumed that the City will take lead in the bidding administration. Consultant will respond to questions from prospective bidders, as directed by City, in the form of written addenda as needed. Efforts will include research and resolution of issues needing clarification or modification to the lssued for Bid documents, up to thirty (30) hours. Deliverables: . Written addenda in electronic format, for formal issue by City 4. PROPOSED SCHEDULE a (Phase 1 Kickoff Meeting: (Phase 1 Begin utility locating and survey control: (Phase 1 Complete field survey and processing [by City]: (Phase 1 Complete geotechnical field explorations: (Phase 1 Complete geotechnical laboratory testing: Phase 2 Notice to proceed from City: Submit 50% design for review by City: City complete 50% design review: Complete geotechnical report: Submit 90% drawings, specifications, and OPCC for City review: City complete 90% design review: Final design: Bidding support February 14,2018) February 19, 2018) March 12,2018) March 12,2018) March 28,2018) March 12,2018 April 9,2018 April 16,2018 April27,2018 May 14,2018 May 21,2018 June 4,2018 TBD, depending on City's bid schedule END OF SCOPE OF WORK February 2018 Page 72 of 72 Jacobs Engineering Gtoup Inc !o 9 s o lg l! IoI-ooaI Io{ r o I --nfr o I I- qoi 9P; <6P oo b _o ir 3 56 ts o g. I x ac @I axj I-m @ o!l o 7 6 l 3 3 !I o 93, o ouzn @o a : € ! 3!q ao m €. :. @ o 2. v s. € n @ 3 i g c6 o Dee Dee Archit@t JuniorArchitecl Techni€l Mark Christi Jeff Sleven Sean Jennifer DaM Johanna Lor€n l\4ichael Dallas Sandra Eleclri€l QfuQC, Techniql Struc-tu6l Designer/CAD Senior Electriel Engineer Eleclri€l Designer Prcject Admin. Assistant Senior Cont€ct AdministEtor Senior Cost Engineer Specili@tions and Pemitting Support Senior Landupe Designer Lands€pe D€sagner Jacobs PM Senior Civl Engineer QA/ OC Civil / Mechani€l Engineer Civil Design Engineer Civil DEfrer / Standards Sheet CAD Manager Engineer StrucluEl Engineer HWA Geosciences, lnc. Principal Geotechnial Engineer Vl Geotechni€l Engineer lV Geotechni€l Engineer I Subtotal by Erik Regan Phit Jessi€ Kenny Ray Nick Elizabeth Curt Kathlyn Subtotal by 3 "il11. il ,l,l N _l_l.l.l_ || "l.l"l l.l l. l- l.lllll o lt I ll"l"ll.ill lt .l.l_ll= l"l_ll.ll _l.l.l o t" l"l.ll_il =l.l,l { lll. lt It il| "il.1 "il "ilt il ill o 1 o o 5 ! a n in '6 oa6UaO b -6's o -s'€ "6 "a 05+o66OUiii.!irui$6Iirp6aao96u q@sesaes b"o"-"u 6 +{ -6 FINJ^9 -ousuaOWAU€U'a aa.i,oinaaNooq g6e@s6 i, '6 L'@ 'r:Ebil ieN b "o'- "u6-aNuo 606544uaaaau'6 ailinoindaNo6q'-5bil a 3. 9 }Jt -o 3 !s{ 9 \ @o o o+ 6- 3 !n9p ee4@s@es 6Ubuuudauo 'o "6'a'o -o "€ 6 ,s 9!-P990P N6*Nuaoa !o Cleri€l Systems lnterface lnc. Geologist V CADlTech x o,zI @oc @ o 3{ a6 2!5E @ +o m e. L o 9.o Escalated tabor Cost bY Task 'APS Total Budget by Task Es€lated Labor Cost bY Task - Systems lnterface lnc. Es@lated tabof, cogt by Tsk - twA @oscie@3,lno. TaskHouF Conductable Lo€tes 6 Potholes Ppjed Coordination Admin. Support Subtotal by APS Prcject Subtotal by PMMarcus I ox @coI @xII-mo DI>l;o 6 ? a g =l-l.l.l- o !Lq 67 s. € lIt oToo { IoIT>irl Qoa9ry ioi-oo @I --Iv =@ ooooo @I o @ar 3 + q q = ct oooooaI oo € s R L bi, { Agenda Item: Consent Calendar – 8H_ TO: City Council DATE: March 20, 2018 SUBJECT: Signal Shop Lease – Authorize SUMMARY: Public Works has leased warehouse space for the traffic signal technicians at the Plemmons Industrial Park on Central Avenue since 2006. The lease expires at the end of May 2018. The traffic signal technicians use the warehouse space to store equipment and parts for the traffic signal system and test and repair controllers and other electronic devices. There is no room in existing city-owned facilities to house these operations. The rent under the previous agreement was $2,045.00 per month plus a $335.00 common area maintenance charge, for a total of $2,380 per month. The proposed lease is $2,075 per month plus a $360.00 common area charge for a total of $2,435 per month. The new lease term would be from June 1, 2018 through May 31, 2021. EXHIBITS: Lease Extension Letter dated February 13, 2018 RECOMMENDED BY: Public Works Committee YEA: Fincher, Troutner, Higgins NAY: N/A BUDGET IMPACTS: None. This expense has been budgeted out of the Transportation Operating 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. MOTION: Authorize the Mayor to sign all necessary documents to lease warehouse space for 36 months at the Plemmons Industrial Park for traffic signal system storage and workspace, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. I]UDUETRIË8 PLEMMONS INDUSTRIES, ING. P'o. Box 1l!68'1311 CENTRAL AVENUE sourfl, sulrE 201 . KENT wAsHlNcroN 98ßs.t06o TELEPHONE (25:l) 854-2600 . FAGS|M|LE (259) S52-7s6S February 13,2018 City of Kent Attn: Mike Sorensen 220 4tt Avenue S Kent, WA 98032 REr PLEMMONS INDUSTRIAL PARK - l62t S. Gentral, Units 24 & 25 Dear Mike, Our records indicate that your Lease for the premises located a|1621 Central Avenue South, Units 24 & 25, Kent, Washington, is expiring May 31 , 2018. The Landlord would like to extend two lease offers for the premises as follows: 3 Year Renewal Estimated MonthlLCAM $360.00 Would require the following: Additional Last Month's Rent Deposit: $30.00 Additional Last Month's CAM Deposit $25.00 $55.00 lf you intend to renew your Lease, please sign below, indicating which term you desire and email to tarah@plemmonsindushies.com as soon as possible. lf your intent is not to renew, then per your Lease Agreement, g0 day written notice is due February 28,2018. This offer is good for ten (10) days of this letter, after that time rates and conditions are subject to change. We would like to take this opportunity to express our appreciation for your tenancy and look forward to continuing this relationship into the future. lf I can be of further assistance, please call me at (253) 854-2600. ACCEPTANCE STRIAL PARK Fl¡fa' Tarah Plemmons Commercial Real Estate Division Base Monthly Rent $2,075,00 This page intentionally left blank. Agenda Item: Consent Calendar – 8I_ TO: City Council DATE: March 20, 2018 SUBJECT: Resolution Recognizing the Connection Condominiums Neighborhood Council – Adopt SUMMARY: The Connections Condominiums neighborhood consists of 67 households and is located on the East Hill of Kent. On January 15, 2018, the Connection Condominiums 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, Budell, Kaur NAY: BUDGET IMPACT: None 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. _____, recognizing the Connection Condominiums Neighborhood Council, supporting its community building efforts, and conferring on it all opportunities offered by the City’s neighborhood program. This page intentionally left blank. 1 Connection Condominiums Neighborhood Council Resolution RESOLUTION NO. ___________ A RESOLUTION of the city council of the city of Kent, Washington, recognizing Connection Condominiums 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 Connection Condominiums neighborhood consists of sixty- seven households. D. The Connection Condominiums neighborhood is located on Kent’s East Hill and is situated generally to the east of 107th Avenue S.E., to the north of S.E. 262nd Street, to the west of Home Depot and to the 2 Connection Condominiums Neighborhood Council Resolution south of S.E. 260th Street. The Neighborhood is shown on Exhibit A, attached and incorporated by this reference. E. On January 15, 2018, the Connection Condominiums Neighborhood submitted an official registration form to request that the City recognize the Connection Condominiums 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 Connection Condominiums neighborhood and all those who participated in forming the Connection Condominiums Neighborhood Council. The Kent City Council hereby recognizes Connection Condominiums Neighborhood Council as an official Neighborhood Council of the city of Kent, supports Connection Condominiums Neighborhood Council community building efforts, and confers on the Connection Condominiums 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. 3 Connection Condominiums Neighborhood Council Resolution 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 March, 2018. CONCURRED in by the mayor of the city of Kent this ______ day of March, 2018. DANA RALPH, MAYOR ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY P:\Civil\Resolution\Neighborhoodcouncilconnectioncondominiumsrresolution.Docx Exhibit A Agenda Item: Consent Calendar – 8J_ TO: City Council DATE: March 20, 2018 SUBJECT: Resolution Recognizing the Laurel Springs Lower Community Neighborhood Council – Adopt SUMMARY: The Laurel Springs Lower Community neighborhood consists of 37 households and is located on the East Hill of Kent. On January 29, 2018, the Laurel Springs Lower Community 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, Budell, Kaur NAY: BUDGET IMPACT: None 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. _____, recognizing the Laurel Springs Lower Community Neighborhood Council, supporting its community building efforts, and conferring on it all opportunities offered by the City’s neighborhood program. This page intentionally left blank. 1 Laurel Springs Lower Community Neighborhood Council Resolution RESOLUTION NO. ___________ A RESOLUTION of the city council of the city of Kent, Washington, recognizing Laurel Springs Lower Community 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 Laurel Springs Lower Community neighborhood consists of thirty-seven households. D. The Laurel Springs Lower Community neighborhood is located on Kent’s East Hill and is situated generally to the east of 130th Place S.E., to the north of S.E. 210th Place, to the west of 132nd Avenue S.E. and to the 2 Laurel Springs Lower Community Neighborhood Council Resolution south of S.E. 209th Court. The Neighborhood is shown on Exhibit A, attached and incorporated by this reference. E. On January 29, 2018, the Laurel Springs Lower Community neighborhood submitted an official registration form to request that the City recognize the Laurel Springs Lower Community 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 Laurel Springs Lower Community neighborhood and all those who participated in forming the Laurel Springs Lower Community Neighborhood Council. The Kent City Council hereby recognizes Laurel Springs Lower Community Neighborhood Council as an official Neighborhood Council of the city of Kent, supports Laurel Springs Lower Community Neighborhood Council community building efforts, and confers on the Laurel Springs Lower Community 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. 3 Laurel Springs Lower Community Neighborhood Council Resolution 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 March, 2018. CONCURRED in by the mayor of the city of Kent this ______ day of March, 2018. DANA RALPH, MAYOR ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY P:\Civil\Resolution\Neighborhoodcouncillaurelspringslowercommunityresolution.Docx EXHIBIT A Agenda Item: Consent Calendar – 8K_ TO: City Council DATE: March 20, 2018 SUBJECT: Rental Housing Inspection Program Ordinance – Adopt SUMMARY: City staff, in partnership with consultants from Furturewise and Living Well Kent, have completed outreach and policy development work on a program that will provide proactive enforcement of basic health and safety standards in Kent’s rental apartment housing. The program described in the attached ordinance will require that every three years, apartment owners have a sampling of their units inspected to ensure that basic maintenance is being done and that units are not creating health problems or a dangerous situation for the tenants. Required elements will be listed on an inspection checklist provided by the City. Successful inspections must be completed prior to issuance of an annual business license, which apartment owners are already required to obtain. The program has been developed based on input from tenants, inspectors, property owners and program administrators in other cities. It is also consistent with Washington’s Landlord Tenant Act which limits the scope of these types of programs. EXHIBITS: Ordinance RECOMMENDED BY: Economic and Community Development Committee YEA: Boyce, Budell, Kaur NAY: BUDGET IMPACT: None. The cost of the program will be off-set by increased annual business license fees for apartment rental owners, initially anticipated to be $12 per unit. 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 Ordinance No. _____, establishing the rental housing registration and inspection program. This page intentionally left blank. 1 Adopt Chapter 10.02 KCC - Re: Rental Housing Inspections ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Title 10 of the Kent City Code by adopting a new chapter 10.02 establishing a residential rental housing registration, inspection, and licensing program. RECITALS A. Some rental housing units with substandard conditions exist within the City of Kent, and as a result of extensive community engagement, several common health and safety issues have been identified. B. The Residential Landlord-Tenant Act, specifically RCW 59.18.125, authorizes local governments to require landlords to provide a certificate of inspection as a business license condition. C. The City Council has determined ensuring rental housing in the City meets specific minimum health and safety standards requires a rental housing registration, inspection, and licensing program to promote code compliance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE 2 Adopt Chapter 10.02 KCC - Re: Rental Housing Inspections SECTION 1. – New Chapter. Title 10 of the Kent City Code is amended by adding a new chapter 10.02, entitled “Rental Housing Registration and Inspection Program,” to read as follows: CHAPTER 10.02 RENTAL HOUSING REGISTRATION AND INSPECTION PROGAM Sec. 10.02.010. Purpose. The City of Kent finds that the establishment of a rental housing registration and safety inspection program and the continuation of its rental housing business license requirements will protect the public health, safety, and welfare of tenants by encouraging the proper maintenance of rental housing by identifying and requiring correction of substandard housing conditions. By establishing this program, the City intends to prevent conditions of deterioration and blight that would adversely impact the quality of life in Kent. Sec. 10.02.020. Applicability – Conflicts. The provisions of this chapter shall apply in addition to the provisions of any other code provision or ordinance. Where there is a conflict, the more restrictive provision shall apply. Sec. 10.02.030. Definitions. For the purpose of this chapter, the following words or phrases have the meaning prescribed below: A. “Accessory dwelling unit” or “ADU” means a second, subordinate housing unit that is accessory to a single family residence, and meets the definition and requirements of KCC 15.02.003 and 15.08.160 for accessory dwellings. B. “Building” means a structure having a roof supported by columns or walls used for supporting or sheltering a use of any kind. 3 Adopt Chapter 10.02 KCC - Re: Rental Housing Inspections C. "Building Code" means all code provisions adopted in and throughout Chapter 14.01 KCC. D. “Business License” means a business license as required by Chapter 5.01 KCC. E. “Certificate of Inspection" means the document signed and dated by a qualified rental housing inspector and submitted to the City as the result of an inspection conducted by a qualified rental housing inspector that certifies that the residential housing units that were inspected comply with the requirements and standards of this chapter. F. "Declaration of Compliance" means a statement submitted to the City, by the owner or the landlord that certifies that, to the best of his or her knowledge, after an on-site review of the conditions of the rental unit, each residential housing unit complies with the requirements and standards of this chapter. G. “Department” means the City of Kent Economic and Community Development Department. H. “Director” means the Director of the Economic and Community Development Department or the Director's designee. I. "Fire Code" means all code provisions adopted in and throughout Chapter 13.01 KCC. J. "Landlord" means the owner, lessor, or sublessor of the rental unit or the rental property of which it is a part, and in addition means any person designated as representative of the owner, lessor, or sublessor including, but not limited to, an agent, a resident manager, or a designated property manager. 4 Adopt Chapter 10.02 KCC - Re: Rental Housing Inspections K. “Mobile home” means a mobile home or a manufactured home as defined in Chapter 59.20 RCW. L. “Owner” has the meaning as defined in RCW 59.18.030. M. “Qualified rental housing inspector” and "RHI" mean a private inspector who possesses at least one of the following credentials and who has been approved by the Director as a RHI based on a process developed by the Director consistent with the intent of this Chapter: 1. American Association of Code Enforcement Property Maintenance and Housing Inspector certification; 2. International Code Council Property Maintenance and Housing Inspector certification; 3. International Code Council Residential Building Code Inspector; 4. Washington State licensed home inspector; or 5. Other acceptable credential the Director establishes by rule. N. "Rental property" means all residential dwelling units rented or leased on a single parcel of land managed by the same landlord. O. "Rental property complex" means all residential dwelling units rented or leased on a contiguous parcel or parcels of land managed by the same landlord as a single rental complex. P. “Rental unit” means a residential housing unit occupied or rented by a tenant or available for rent by a tenant. Q. “Residential housing unit” means any building or part of a building in the City of Kent that is used or may be used as a home, residence or 5 Adopt Chapter 10.02 KCC - Re: Rental Housing Inspections sleeping place by one or more persons, including but not limited to single- family residences, accessory dwelling units, duplexes, tri-plexes, four- plexes, townhouses, multifamily dwellings, apartment buildings, condominiums, and similar living accommodations. R. “Residential rental housing registration” means registration required under this chapter. S. “Shelter” means a facility with overnight sleeping accommodations, owned, operated, or managed by a nonprofit agency or governmental entity, the primary purpose of which is to provide temporary shelter for the homeless in general or for specific populations of the homeless. T. "Single family residence" means a single detached building containing only one residential housing unit that is completely separated by open space on all sides from any other structure, except its own garage or shed. U. “Tenant” means a person entitled to occupy a residential housing unit pursuant to a rental agreement or who pays rent for occupancy or possession. V. “Transitional housing” means residential housing units owned, operated, or managed by a nonprofit agency or governmental entity in which supportive services are provided to individuals or families that were formerly homeless, with the intent to stabilize them and move them to permanent housing within a period of not more than 24 months. W. “Unit unavailable for rent” means a residential housing unit that is not offered or available for rent as a rental unit, and that prior to offering or making the unit available as a rental unit, the owner is required to obtain a residential rental registration for the rental property in which the unit is located and comply with applicable regulations adopted pursuant to this chapter. 6 Adopt Chapter 10.02 KCC - Re: Rental Housing Inspections Sec. 10.02.040. Scope. A. Exempt Residential Housing Units: This chapter does not apply to the following residential housing units: 1. Owner-occupied single family residences; 2. Units unavailable for rent; 3. Housing accommodations in a hotel, motel, or other similar transient lodging; 4. Housing accommodations at an institution, whether public or private, where residence is merely incidental to detention or the provision of medical, religious, educational, recreational, or similar services, including but not limited to correctional facilities, licensed nursing homes, monasteries and convents, and hospitals; 5. Owner-occupied mobile homes or manufactured homes, both as defined in Chapter 59.20 RCW; and 6. Shelters and transitional housing. 7. Rental units that a government unit, agency or authority owns, operates or manages, or that are specifically exempted from such a registration requirement by State or federal law or administrative regulation. This exemption does not apply once the governmental ownership, operation or management is discontinued. B. Registration Required. 1. No person shall make available for rent, or rent, lease, or let, to the public any residential housing unit that is not exempt under KCC 10.02.040(A) without first registering the rental unit with the Department. 7 Adopt Chapter 10.02 KCC - Re: Rental Housing Inspections 2. A residential rental housing registration expires on December 31st of the calendar year following registration or renewal. 3. The residential rental housing registration is transferable to any person who has acquired ownership of a registered rental property for the unexpired portion of the one-year term for which it was issued. 4. Application. Application for a residential rental registration shall be made to the City on a form and through a process established by the Director. The application shall include a declaration of compliance and such other information as required by the Director in order to carry out the intent of this chapter. 5. Renewal. A residential rental registration may be renewed for the ensuing year on or before the date of the expiration of the current registration, submitting a renewal application on a form and through a process established by the Director updating the information contained in the original application. 6. Penalty. Any person who fails to properly register any residential housing unit or fails to submit the required documentation for renewal on or prior to the expiration date of the registration shall be subject to a $50 penalty. C. License Required: As a condition of operation, each and every owner or landlord renting or leasing a residential housing unit within the city limits shall, in accordance with Chapter 5.01 KCC, obtain and maintain a business license. The issuance of such a license shall be considered a privilege and not an absolute right of the landlord, and the possession of such license shall not entitle the landlord to a new business license for subsequent years. 1. Exemptions: Landlords are exempt from the requirement to obtain a business license for the following rental units: 8 Adopt Chapter 10.02 KCC - Re: Rental Housing Inspections a. Single-family residences; b. Mobile homes or manufactured homes, both as defined in Chapter 59.20 RCW; c. Condominiums and townhomes; and d. All residential housing units exempt from the residential rental housing registration requirements under KCC 10.02.040(A). 2. Penalty for not obtaining license. In addition to the penalties set forth in Chapter 5.01 KCC, there shall be assessed a penalty of $100 per day for each day that a residential housing unit operates without a valid and current business license for the first 10 days of noncompliance with this chapter, and up to $400 per day for each day in excess of 10 days of noncompliance with this chapter. 3. Display of Program Information: Information regarding the rental housing and safety inspection program shall be posted on the inside of each residential housing unit or in a common area; provided, that the Director may by rule establish one or more alternative or additional methods for conveying the information to tenants. 4. Declaration of Compliance. As a condition to the issuance and/or renewal of a business license, an applicant shall provide a valid declaration of compliance addressing each rental unit in the rental property prior to the issuance of a license. A declaration of compliance submitted under this chapter must state that each unit complies with the requirements of this chapter and that there are no conditions presented in the units that endanger or impair the health or safety of a tenant. Sec. 10.02.050. Business license period – Application and relicensing – Fee. The business licensing period shall run from January 1st through December 31st of each year. Any application for a license 9 Adopt Chapter 10.02 KCC - Re: Rental Housing Inspections required by this chapter shall be accompanied by a certificate of inspection and a fee as established in Chapter 5.01 KCC and any resolution established in accordance with that chapter. Residential rental housing business licensing applications shall comply with the requirements of KCC 5.01.090 and 5.01.110. Sec. 10.02.060. Denial or revocation of business license – Appeal. A. Denial or revocation of license. A residential rental housing business license may be denied or revoked for the following reasons: 1.Failure to obtain a certificate of inspection as required by this chapter; 2.The certificate of inspection or business license was procured by fraud or false representation of fact; 3.The applicant or registration holder has failed to comply with any of the provisions of this chapter; 4.The applicant or registration holder is in default in any fee due to the City under this chapter; 5.Any reason set forth in KCC 5.01.130; 6.The property is subject to a notice of violation for a code violation which has been deemed committed or found to have been committed pursuant to Chapter 1.04 KCC or violation of the Revised Code of Washington. B. Process – Appeal. The denial or revocation of a residential rental housing business license shall comply with the business license revocation procedures set forth in Chapter 5.01 KCC. The denial or revocation of a business license required by this chapter may be appealed in conformance with the requirements of Chapter 5.01 KCC. 10 Adopt Chapter 10.02 KCC - Re: Rental Housing Inspections C. If a residential rental housing business license is revoked, or an application for a license is denied, the landlord will be granted a business license only after: 1. Any and all deficiencies on which the revocation or denial was based have been corrected; 2. In the event an inspection has been required, the applicant has provided to the City a valid certificate of inspection that meets the requirements of this chapter; and 3. The applicant pays a license fee as determined by ordinance. D. Tenant relocation assistance shall be provided as required by RCW 59.18.085, and pursuant to the process set forth therein. Sec. 10.02.070. Certificates of inspection. A. All residential rental properties subject to the business license requirements of this chapter must be inspected once every three years by a qualified rental housing inspector and will require a certificate of inspection within a time period established by the Director. The property selection process shall be based on a methodology determined by the Director that will further the purpose of this chapter. B. The Director is authorized to create and publish a checklist to be used for declarations of compliance and inspections submitted or conducted under this chapter, and is authorized to include additional standards including, but not limited to, those within the Building Code, Fire Code, or RCW 59.18.060. C. All certificates of inspection submitted under this chapter must state that all units subject to inspection have been inspected, that all units inspected comply with the requirements of the checklist. 11 Adopt Chapter 10.02 KCC - Re: Rental Housing Inspections D. A certificate of inspection shall be based upon a physical inspection by the qualified rental housing inspector of the residential housing units conducted not more than 90 days prior to the date of the certificate of inspection. E. The certificate of inspection shall list and show compliance with the minimum standards for each residential housing unit that was inspected using the checklist provided by the city and shall contain such other information as determined by the Director to carry out the intent of this chapter. F. Limitations and conditions on inspection of units for certificate of inspection. 1.The unit selection process shall be based on a methodology determined by the Director that will further the purpose of this chapter. 2.The City may only require a certificate of inspection on a rental property no more frequently than once every three years in accordance with RCW 59.18.125. 3.A rental property that has received a certificate of occupancy within the last four years and has had no code violations reported on the property during that period is exempt from inspection. 4.For properties that require an inspection, the owner or landlord must send written notice of the inspection to all units at the rental property. The notice must advise tenants that some of the units at the property will be inspected and that the tenants whose units need repairs or maintenance should send written notification to the landlord as provided in RCW 59.18.070. The notice must also advise tenants that if the landlord fails to adequately respond to the request for repairs or maintenance, the tenants may contact City of Kent officials. A copy of the 12 Adopt Chapter 10.02 KCC - Re: Rental Housing Inspections notice must be provided to the inspector upon request on the day of inspection. 5. If a rental property has twenty or fewer rental units, no more than four rental units at the rental property may be selected by the City to provide a certificate of inspection as long as the initial inspection reveals that no conditions exist that endanger or impair the health or safety of a tenant. 6. If a rental property has twenty-one or more rental units, no more than twenty percent of the units, rounded up to the next whole number, on the rental property, and up to a maximum of fifty units at any one property, may be selected by the City to provide a certificate of inspection as long as the initial inspection reveals that no conditions exist that endanger or impair the health or safety of a tenant. 7. If an owner or landlord is asked to provide a certificate of inspection for a sample of units on the rental property and a selected unit fails the initial inspection, the City may require up to one hundred percent of the units on the rental property to provide a certificate of inspection. 8. If a rental property has had conditions that endanger or impair the health or safety of a tenant reported since the last required inspection, the City may require one hundred percent of the units on the rental property to provide a certificate of inspection. 9. An inspector conducting an inspection under this chapter may only investigate a rental property as needed to provide a certificate of inspection. G. Notice to Tenants. 1. The landlord shall provide written notification of his or her intent to allow an inspector to enter an individual unit for the purposes of 13 Adopt Chapter 10.02 KCC - Re: Rental Housing Inspections providing the City with a declaration of compliance or certificate of inspection in accordance with RCW 59.18.150(6). The written notice must indicate the date and approximate time of the inspection and the company or person performing the inspection, and that the tenant has the right to see the inspector's identification before the inspector enters the individual unit. A copy of this notice must be provided to the inspector upon request on or before the day of inspection. 2.A tenant who continues to deny access to his or her unit is subject to the penalties in RCW 59.18.150(8). Sec. 10.02.080. Notice that rental is unlawful when certificate not provided. When a certificate of inspection or a declaration of compliance is required for a specified residential housing unit under this chapter and a valid certificate of inspection or declaration of compliance has not been provided to the City, the Director is authorized to notify the owner or landlord that until a valid certificate of inspection or declaration of compliance is provided to the City, it is unlawful to rent or to allow a tenant to continue to occupy the residential housing unit. It shall be unlawful to rent or allow a tenant to occupy or continue to occupy such unit. Sec. 10.02.090. Other inspections. Nothing in this chapter precludes additional inspections conducted under RCW 59.18.150, Chapter 1.04 KCC, or at the request or consent of a tenant, pursuant to a warrant, or pursuant to the tenant remedy provided by RCW 59.18.115 of the Residential Landlord-Tenant Act. Sec. 10.02.100. Director is authorized to make rules. The Director is authorized to adopt, publish and enforce rules and regulations, consistent with this chapter and the standards in this chapter for the purpose of carrying out the provisions of this chapter, and it is unlawful to violate or fail to comply with any such rule or regulation. 14 Adopt Chapter 10.02 KCC - Re: Rental Housing Inspections Sec. 10.02.110. Correction notice prior to enforcement. Before the City suspends or revokes a registration or imposes the penalties set forth in this chapter, an attempt shall be made to give the owner or landlord a written notice by personal service or by certified mail, return receipt requested, stating the existence of a violation, that enforcement action is contemplated, and that such person shall have a specified period of time in which to correct the violation. Sec. 10.02.120. Immediate health and safety threats. Nothing in this chapter shall limit the City’s ability to inspect properties and issue citations for property-related conditions that may constitute an immediate health or safety threat. Sec. 10.02.130. Immunity, no warranty by City, and no private right of action. The purpose of this chapter is to promote the safety and welfare of the general public and not to create or designate any particular class of persons who will or should be specially protected by its terms. Nothing contained in this chapter is intended nor shall be construed to create any liability on the part of the city or its employees for any injury or damage resulting from the failure of an owner, landlord, inspector, or other individual to comply with the provisions of this chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter on the part of the City or its employees. By enacting and undertaking to enforce this chapter, neither the City, its agents or employees, nor the City Council warrant or guarantee the safety, fitness or suitability of any dwelling in the City or any unit inspected under this program. Owners, landlords, and occupants shall take whatever steps they deem appropriate to protect their interest, health, safety and welfare. Nothing contained in this chapter is intended to create a private right of action. Sec. 10.02.140. Notice - Additional Penalties. 15 Adopt Chapter 10.02 KCC - Re: Rental Housing Inspections A. Prior to imposing any penalties set forth in this chapter, the City shall provide notice and an opportunity to correct pursuant to Chapter 1.04 KCC. B. Any person who knowingly submits or assists in the submission of a falsified certificate of inspection, or knowingly submits falsified information upon which a certificate of inspection is issued, is guilty of a gross misdemeanor and must be punished by a fine of not more than five thousand dollars as provided in RCW 59.18.125. C. The penalties imposed in this chapter are not exclusive when the acts or omissions constitute a violation of another chapter of the Kent City Code. In addition to all other penalties, remedies, or other enforcement measures established within this chapter, or as otherwise provided by law, the acts or omissions that constitute violations of this chapter may be subject to penalties and enforcement provisions as provided by other chapters of the Kent City Code, and such penalties and enforcement provisions may be imposed as set forth therein. All remedies under this chapter are cumulative unless otherwise expressly stated. The exercise of one remedy shall not foreclose use of another. Remedies may be used singly or in combination; in addition, the City of Kent may exercise any rights it has at law or equity. Sec. 10.02.150. Consistency with RCW 59.18. The provisions of this chapter shall be interpreted in a manner that is consistent with the provisions of Chapter 59.18 RCW. 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. 16 Adopt Chapter 10.02 KCC - Re: Rental Housing Inspections SECTION 3. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4. – Effective Date. This ordinance shall take effect and be in force thirty days from and after its passage, as provided by law. DANA RALPH, MAYOR Date Approved ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY Agenda Item: Consent Calendar – 8L_ TO: City Council DATE: March 20, 2018 SUBJECT: Zoning Code Amendment – Midway Transit Community 1 - Signs – Ordinance - Adopt SUMMARY: Kent adopted sign regulations for the Midway Transit Community 1 (MTC-1”) zoning district in 2011. The sign regulations were derived from the Midway Subarea Plan and Midway Design Guidelines, documents developed with significant public outreach. To date, no development has occurred in the MTC-1 zoning district that has fallen under the sign code. Staff has identified the need to amend the sign regulations to: 1) improve sign visibility; 2) recognize the significant motorized use of the SR-99 corridor; 3) ensure visual parity between signs in adjacent jurisdictions and those in Kent; and 4) enhance the pedestrian environment consistent with the Midway Design Guidelines. BACKGROUND: The MTC-1 zoning district is the gateway into the Midway Subarea; it is highway-oriented, fronting SR-99. Through the Midway Design Guidelines, the pedestrian is nevertheless given priority through pedestrian level visual interest and human-scale design. Existing sign regulations in the MTC-1 district limit sign types to freestanding monument signs or suspended signs such as blade or hanging signs; sign sizes are limited to a maximum size of 80 square feet, and 40 square feet per face. Appropriate sign visibility is important for motorist safety, effective wayfinding, and the economic interests of businesses. Variety and creativity in sign design and type can enhance visual interest for pedestrians and motorists. Additionally, sign regulations for the City of Des Moines, adjacent to the MTC-1 zoning district and characterized by SR-99 frontage, allow for freestanding signs other than monument signs up to 20 feet in height and 100 square feet. Staff recommends allowing director approval of freestanding signs other than monument signs and increasing the maximum allowed size of freestanding monument signs in the MTC-1 zoning district. EXHIBITS: 1) Ordinance 2)Draft SEPA documents RECOMMENDED BY: Economic and Community Development Committee YEA: Boyce, Budell, Kaur NAY: BUDGET IMPACT: None MOTION: Adopt Ordinance No. ______, amending Section 15.06.050 of the Kent City Code, related to sign regulations in the Midway Transit Community-1 zoning district. 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. 1 Amend KCC 15.06 - Re: Sign Regulations in MTC-1 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 15.06.050 of the Kent City Code, entitled “Regulations for Specific Districts,” to revise sign code regulations in the Midway Transit Community- 1 zoning district. RECITALS A. On December 13, 2011, the City Council adopted the Midway Subarea Plan, which conveys a range of actions that prepares the area for future high capacity light rail transit. The overall goal for the plan includes a dense, pedestrian-friendly, sustainable community around high capacity transit nodes. Policy MLU-1.3 in the plan recognizes the need for flexibility in land uses and density as the market transitions from auto-oriented development form to a dense pedestrian-friendly development form. Policy MUD-3.7 recognizes a difference in sign regulations for development adjacent to SR-99 while maintaining the overall urban character of the designated transit-oriented community. B. The City Council also adopted the Midway Design Guidelines and sign regulations on December 13, 2011, as implementation measures for the Midway Subarea Plan. The plan, guidelines, and sign regulations were the result of multiple years of public outreach to businesses, residents, and other stakeholders in the Midway subarea. 2 Amend KCC 15.06 - Re: Sign Regulations in MTC-1 C. The Midway Design Guidelines call for creative and individual expression in the design and placement of signs; they encourage creative, sculptural, and neon signs in the Midway subarea. The guidelines also state that signs should be designed to add pedestrian interest. D. The Midway Design Guidelines recognize the distinct environment of the area along SR-99/Pacific Highway; it is characterized as highway-oriented, but the pedestrian is nevertheless given priority through visual interest and human dimension at the street level. E. In the Midway Transit Community-1 (“MTC-1”) zoning district, within the Midway subarea, the following signs are currently allowed as identification signs for single business occupancies: freestanding monument signs up to 15 feet tall and 80 square feet with no sign face larger than 40 square feet; suspended signs including hanging signs, and blade signs up to 20 feet tall and 80 square feet with no sign face larger than 40 square feet; and wall signs up to 10 percent of the first floor façade, or 24 square feet, whichever is greater, and up to 35 feet tall. F. To date, no new monument signs have been installed on SR- 99 under the MTC-1 sign regulations in Ch. 15.06 KCC, adopted by Kent City Council in 2011. In anticipation of forthcoming development to which these regulations would apply, staff reviewed the sign regulations to evaluate their consistency with the Midway Design Guidelines, other sign regulations in Kent, and neighboring jurisdictions. The intent was to ensure that the regulations are fair, appropriate, and not unnecessarily burdensome while still achieving the intent of the subarea plan and design guidelines. G. Although not envisioned as a traditional downtown, the Midway area is, like Kent’s downtown, envisioned as a center of pedestrian scale activity with a dense mix of land uses. Sign regulations for the 3 Amend KCC 15.06 - Re: Sign Regulations in MTC-1 Downtown Commercial Enterprise (“DCE”) zoning district, within downtown Kent, allow for freestanding signs other than monument signs up to 15 feet in height and 100 square feet in area for all faces. In contrast to the Midway area, however, a highway does not bisect the DCE zoning district as SR-99 does the MTC-1 zoning district. This distinct auto-oriented context suggests a need for moderately larger signs along the highway frontage in the MTC-1 district than in the DCE district. H. Sign regulations for the City of Des Moines, which is across from and adjacent to Kent’s MTC-1 zoning district, and similarly characterized by SR-99 frontage, allow for freestanding signs other than monument signs, up to 20 feet in height and 100 square feet in area for all faces. I. Best practices for sign visibility and motorist reaction time in a 45 mile per hour zone similar to the SR-99 corridor recommend sign sizes of 60 or more square feet per sign face. Appropriate sign visibility is important for motorist safety, effective wayfinding, and the economic interests of businesses. It is in the public interest to increase the allowed height and sign face area for freestanding signs to improve visibility, ensure visual parity between signs in adjacent jurisdictions and those in Kent, and recognize the significant motorized use of the SR-99 corridor. J. Variety in sign design and type can enhance visual interest for pedestrians and motorists; it is in the public interest and consistent with the intent of the Midway Subarea Plan and Design Guidelines to allow multiple types of signs when they demonstrate creativity and integrity in design and pedestrian-scale interest. K. High sign density can contribute to information overload for motorists, inhibiting visual recognition, decision-making, and response. Sufficient sign spacing is necessary to ensure that motorists are not overloaded. The aggregate allowed sign area for any lot in the MTC-1 4 Amend KCC 15.06 - Re: Sign Regulations in MTC-1 zoning district is one square foot per linear foot of street frontage; a maximum single sign size of 150 square feet for lots with at least 200 feet of frontage is consistent with this ratio, allowing for at least 50 square feet of additional signage elsewhere on the lot. L. On February 12, 2018, planning staff presented the Land Use and Planning Board (“LUPB”) with an overview of the need for revised sign code regulations in the MTC-1 zoning district and the proposed revised code language. M. On January 17, 2018, the City requested expedited review under RCW 36.70A.106 from the Washington State Department of Commerce regarding the City’s proposed code amendments related to signage in the MTC-1 zoning district. The Washington State Department of Commerce granted the request for expedited review on February 6, 2018. No comments were received from State agencies. N. On February 5, 2018, the City conducted and completed environmental review under the State Environmental Policy Act (SEPA). The City’s SEPA Responsible Official issued a Determination of Non- Significance for the code amendments. O. At its regularly-scheduled public meeting on February 26, 2018, the LUPB held a public hearing regarding the proposed code amendments related to sign regulations in the MTC-1 zoning district. After considering the matter, the LUPB voted to recommend adoption of the proposed amendments to the City Council. P. On March 12, 2018, the Economic and Community Development Committee considered the recommendations of the LUPB at its regularly-scheduled meeting, and recommended to the full City Council adoption of the proposed code amendments. 5 Amend KCC 15.06 - Re: Sign Regulations in MTC-1 Q. At its regularly-scheduled meeting on March 12, 2018, the City Council voted to approve the amendments to portions of Chapter 15.06 of the Kent City Code, pertaining to sign regulations in the MTC-1 zoning district. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Amendment – KCC 15.06.050. Section 15.06.050 of the Kent City Code, entitled “Regulations for Specific Districts,” is hereby amended to read as follows: Sec. 15.06.050. Regulations for specific districts. In all districts the planning director shall have the option to waive sign type requirements in unique and special cases where, due to building design or other special circumstance, the development is unable to conform to stated standards. A. Signs permitted in residential districts. 1.Identification signs for single-family dwellings and duplexes. One identification sign shall be permitted for each occupancy. The sign shall not exceed an area of three square feet, shall not exceed a height of six feet above the surface of the street, shall be attached directly to a building, fence, standard, or mailbox, and shall be unlighted or provided with indirect illumination. Home occupations shall not be allowed additional sign area. 2.Identification signs for multifamily dwellings. One identification sign shall be permitted for each development, except that multiple-family dwellings with more than one street frontage may be allowed an additional sign for each street frontage of such lot. Each sign shall not exceed an area of 25 square feet, may be a wall or freestanding 6 Amend KCC 15.06 - Re: Sign Regulations in MTC-1 sign, shall be unlighted or indirectly lighted, and shall not exceed a height of six feet above the ground if freestanding. 3. Farm product identification signs. No permit is required, but such signs may not be located in the public right-of-way. B. Signs permitted in community commercial, general commercial, and commercial manufacturing districts. The aggregate sign area for any lot shall not exceed one and one-half square feet for each foot of street frontage. Aggregate sign area for corner lots shall not exceed one square foot for each foot of street frontage. The permitted signs enumerated in this subsection shall be subject to the total aggregate sign area. 1. Identification signs for occupancies. Each business establishment may have one freestanding sign for each street frontage if not located in a shopping center, and three additional signs. a. Freestanding sign. The freestanding sign shall not exceed a height of 30 feet. The maximum sign area permitted is 200 square feet for the total of all faces. No one face shall exceed 100 square feet. The sign may be illuminated. b. Additional signs. Three additional signs shall be permitted subject to the following restrictions: i. The total area of all signs, graphics, or other advertising shall not be more than 10 percent of the building facade to which they are attached or on which they are displayed. ii. On properties where a pole sign cannot be erected due to setback requirements or building placement, a projecting sign may be allowed in lieu of the permitted freestanding sign. The projecting sign may not exceed 15 square feet in outside dimension. 2. Identification signs for shopping centers. One freestanding identification sign, which may list the names of the occupants of the shopping center, shall be permitted for each street frontage of each shopping center. The maximum sign area permitted for a freestanding 7 Amend KCC 15.06 - Re: Sign Regulations in MTC-1 sign is 200 square feet for the total of all faces. No one face shall exceed 100 square feet. A freestanding sign shall not exceed a height of 30 feet, and may be illuminated. 3.Automobile service station signs. The aggregate sign area for any corner lot shall not exceed one square foot for each foot of lot frontage, and the aggregate sign area for any interior lot shall not exceed one and one-half square feet for each foot of lot frontage; and the permitted signs enumerated in this subsection shall be subject to the total aggregate sign area. a.Freestanding signs. One freestanding lighted double- faced identification sign, not exceeding 200 square feet for the total of all faces, with no such face exceeding 100 square feet, is permitted. Such sign shall not exceed a height of 30 feet. If on a corner lot, two monument signs not exceeding 100 square feet per sign for the total of all faces are permitted. Such monument signs shall not exceed a height of 15 feet. Freestanding signs shall be lighted during business hours only. b.Additional signs. Three additional signs shall be permitted subject to the following restrictions: The total area of all signs, graphics, or other advertising shall not be more than 10 percent of the building facade to which they are attached or on which they are displayed. c.Fuel price signs. Fuel price signs shall be included in the aggregate sign area. 4.Farm product identification signs. No permit is required, but such signs may not be located in the public right-of-way. C. Signs permitted in downtown commercial and downtown commercial enterprise districts. The aggregate sign area for any lot shall not exceed one and one-half square feet for each foot of street frontage. The aggregate sign area for corner lots shall not exceed one square foot for each foot of street frontage. The permitted signs enumerated in this subsection shall be subject to the total aggregate sign area. 8 Amend KCC 15.06 - Re: Sign Regulations in MTC-1 1. Identification signs for multitenant buildings. a. Wall sign. Each multitenant building may have one identification wall sign for the building’s identification for each street frontage. The sign shall not exceed a total of five percent of the facade to which it is attached. The sign shall not name or advertise the individual tenants of the building. Aggregate sign area shall apply. A multitenant building will have the option of the sign described in this subsection (C)(1)(a) or the identification sign described in subsection (C)(1)(b) of this section. b. Freestanding sign. Each building may have one freestanding sign on each street frontage. The sign may not exceed 15 feet in height. The maximum sign area permitted for the freestanding sign is 100 square feet for the total of all faces. No one face shall exceed 50 square feet. Multitenant freestanding signs shall not name or advertise the individual tenants of the building. 2. Identification signs for occupancies. Each occupant of a multitenant building shall be permitted two wall signs. Such signs shall not exceed 10 percent of the facade of the individual business unit. Aggregate sign area shall not apply. 3. Identification signs for single-tenant buildings. a. Each building may have one freestanding sign for each street frontage. The sign may not exceed a height of 15 feet. The maximum sign area permitted for the freestanding sign is 100 square feet for the total of all faces. No one face shall exceed 50 square feet. b. Three additional signs shall be permitted. All signs are subject to the aggregate sign area allowed. The total area of all signs, graphics, or other types of signs shall not exceed 10 percent of the facade to which they are attached or on which they are displayed. D. Signs permitted in midway transit community-1 district. The aggregate sign area for any lot shall not exceed one square foot for each linear foot of street frontage. Aggregate sign area for corner lots shall not 9 Amend KCC 15.06 - Re: Sign Regulations in MTC-1 exceed three-fourths of a square foot for each linear foot of street frontage. The permitted signs enumerated in this subsection shall be subject to the total aggregate sign area and may be permitted subject to Midway Design Guidelines. 1.Identification signs for occupancies. Each single business property may have one freestanding monument sign per street frontage or one projecting sign per street frontage if located along or at the intersections of SR 99, SR 516, South 240th Street, South 246th Street, or South 272nd Street, if not located in a multitenant building, and one wall sign and one suspended sign per street frontage. a.Freestanding monument signs. Freestanding monument signs shall not exceed a height of 15 20 feet. The maximum sign area permitted is 80 100 square feet for the total of all faces. No one face shall exceed 40 50 square feet. The sign may be internally illuminated; provided, that it shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. Freestanding monument signs shall not rotate, blink, flash, or be animated. Freestanding monument signs shall include landscaping and curbing around the base of the sign to prevent vehicles hitting the structure and improve the visual appearance of the sign structure. Landscaping shall be in proportion to the structure, with a minimum of one-half square foot of landscaping for each square foot of sign area, and shall be maintained throughout the life of the sign. b.Projecting or suspended signs. Projecting or suspended signs shall not protrude less than eight feet above the surface of the sidewalk. The following are recognized projecting signs: i.Blade signs. Blade signs shall be double-faced, may be non-illuminated, internal or internal indirect illuminated, or neon tube illuminated. Internal illumination shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so 10 Amend KCC 15.06 - Re: Sign Regulations in MTC-1 that only the individual letters/characters are illuminated. The maximum sign area permitted is 80 square feet. No one face shall exceed 40 square feet. The maximum sign height permitted is 20 feet. Blade signs shall not rotate, blink, flash, or be animated. ii. Hanging signs. Hanging signs shall be double- faced and shall be non-illuminated. c. Wall signs. Wall signs shall not exceed an area of 10 percent of the building first floor facade to which they are attached, or 24 square feet, whichever is greater. Wall signs shall be attached flat against the building, and placement shall not exceed 35 feet above median sidewalk grade measured from the top of the sign. Wall signs may be non- illuminated, internally or indirectly illuminated. Internal illumination shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. 2. Identification signs for multitenant buildings. Each multitenant property may have one freestanding monument sign per street frontage or one projecting sign per street frontage if located along or at the intersections of SR 99 and SR 516, South 240th Street, South 246th Street, or South 272nd Street and each occupancy may have one wall sign and one suspended sign per occupancy, except the anchor tenants with a business frontage of at least 100 linear feet shall be allowed two wall signs. The aggregate wall sign area shall not exceed 10 percent of the first floor building facade to which the signs are attached. a. Freestanding monument signs. Each multitenant property may have one freestanding monument sign on each street frontage. The sign may not exceed a height of 15 20 feet. The maximum sign area permitted is 80 100 square feet for the total of all faces. No one face shall exceed 40 50 square feet. The sign may be internally illuminated; provided, that it shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so 11 Amend KCC 15.06 - Re: Sign Regulations in MTC-1 that only the individual letters/characters are illuminated. Freestanding monument signs shall not rotate, blink, flash, or be animated. Freestanding monument signs shall include landscaping and curbing around the base of the sign to prevent vehicles hitting the structure and improve the visual appearance of the sign structure. Landscaping shall be in proportion to the structure, with a minimum of one-half square foot of landscaping for each square foot of sign area, and shall be maintained throughout the life of the sign. b.Wall signs. Each multitenant building may have one identification wall sign for the building’s identification for each street frontage. The sign shall not exceed a total of five percent of the first floor facade to which it is attached. The sign shall not name or advertise the individual tenants of the building. The sign may be internally illuminated; provided, that it shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. Aggregate sign area shall apply. A multitenant building shall have the option of the sign described in this subsection (D)(2)(b) or the identification sign described in subsection (D)(2)(c) of this section. c.Identification signs for occupancies. Each occupant of a multitenant building with street frontage shall be permitted two wall signs and one projecting or suspended sign. Each occupancy shall be allowed at least 24 square feet of sign area. The aggregate wall sign area shall not exceed 10 percent of the first floor facade to which the signs are attached. The wall sign may be internally illuminated. Internal illumination shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. The projecting or suspended sign shall be non-illuminated. 3.Freestanding signs, Exceptions. The director may permit freestanding signs other than monument-type freestanding signs within the MTC-1 zoning district along the SR-99 street frontage to a maximum 12 Amend KCC 15.06 - Re: Sign Regulations in MTC-1 sign area of 150 square feet for the total of all faces, and a maximum height of 20 feet, where the applicant demonstrates all of the following: a. No single cabinet face is greater than 40 square feet; b. Creativity in design that creates visual interest for motorists and pedestrians consistent with the goals of the Midway Subarea Plan and Design Guidelines. Examples include sculptural signs or multi- cabinet signs with variation in face shape, size, and height; c. The sign’s support structure(s) is 1) ornamented for pedestrian-level visual interest, or 2) screened from view at the pedestrian eye level using landscaping or other creative screening element; d. The subject property has at least 200 linear feet of frontage on SR-99 where the sign is to be located; and e. The proposed signage will not adversely impact or detract from the welfare of nearby residences; f. The proposed sign location will not obstruct or otherwise interfere with pedestrian movement, the location of pedestrian facilities within the public right-of-way, or on the private development site; g. A projecting or suspended sign would not achieve the intended purpose of such signage. E. Signs permitted in midway transit community-2 district. The aggregate sign area for any lot shall not exceed one square foot for each linear foot of street frontage. Aggregate sign area for corner lots shall not exceed three-fourths of a square foot for each linear foot of street frontage. The permitted signs enumerated in this subsection shall be subject to the total aggregate sign area and may be permitted subject to Midway Design Guidelines. 1. Identification signs for occupancies. Each single business property may have one freestanding monument sign per street frontage or 13 Amend KCC 15.06 - Re: Sign Regulations in MTC-1 one projecting sign per street frontage, if not located in a multitenant building, and two wall signs and one suspended sign per street frontage. a. Freestanding monument signs. Freestanding monument signs shall not exceed a height of five feet. The maximum sign area permitted is 30 square feet for the total of all faces. No one face shall exceed 15 square feet. The sign may be illuminated indirectly. Freestanding monument signs shall include landscaping and curbing around the base of the sign to prevent vehicles hitting the structure and improve the visual appearance of the sign structure. Landscaping shall be in proportion to the structure, with a minimum of one-half square foot of landscaping for each square foot of sign area, and shall be maintained throughout the life of the sign. b. Projecting or suspended signs. Projecting or suspended signs shall not protrude less than eight feet above the surface of the sidewalk. The following are recognized projecting signs: i. Blade signs. Blade signs shall be double-faced, may be non-illuminated, indirect illuminated, or neon tube illuminated. The maximum sign area permitted is 30 square feet. No one face shall exceed 15 square feet. The maximum sign height permitted is 15 feet. Blade signs shall not rotate, blink, flash, or be animated. ii. Hanging signs. Hanging signs shall be double- faced and shall be non-illuminated. c. Wall signs. Wall signs shall not exceed an area of five percent of the building first floor facade to which they are attached, or 24 square feet, whichever is greater. Wall signs shall be attached flat against the building, and placement shall not exceed 15 feet above median sidewalk grade measured from the top of the sign. If a single business building is greater than 65 feet in height, one building identification wall sign for each street frontage may be placed on the parapet. Wall signs may be non-illuminated, internally or indirectly illuminated, or neon tube illuminated. Internal illumination shall be constructed using individual 14 Amend KCC 15.06 - Re: Sign Regulations in MTC-1 letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. Wall signs shall not blink, flash, or be animated. 2. Identification signs for multitenant buildings. Each multitenant property may have one freestanding monument sign or one projecting sign and each occupancy with street frontage may have two wall signs and one suspended sign. The aggregate wall sign area shall not exceed five percent of the first floor building facade to which the signs are attached. a. Freestanding monument signs. Each multitenant property may have one freestanding monument sign on each street frontage. The sign may not exceed a height of five feet. The maximum sign area permitted is 30 square feet for the total of all faces. No one face shall exceed 15 square feet. The sign may be illuminated indirectly. Freestanding monument signs shall include landscaping and curbing around the base of the sign to prevent vehicles hitting the structure and improve the visual appearance of the sign structure. Landscaping shall be in proportion to the structure, with a minimum of one-half square foot of landscaping for each square foot of sign area, and shall be maintained throughout the life of the sign. b. Projecting or suspended signs. Projecting or suspended signs shall not protrude less than eight feet above the surface of the sidewalk. The following are recognized projecting signs: i. Blade signs. Blade signs shall be double-faced, may be non-illuminated, internal indirect illuminated, or neon tube illuminated. The maximum sign area permitted is 30 square feet. No one face shall exceed 15 square feet. The maximum sign height permitted is 15 feet. Blade signs shall not rotate, blink, flash, or be animated. ii. Hanging signs. Hanging signs shall be double-faced and shall be non-illuminated. c. Wall signs. Each multitenant building may have one identification wall sign for the building’s identification for each street 15 Amend KCC 15.06 - Re: Sign Regulations in MTC-1 frontage. The sign shall not exceed a total of five percent of the first floor facade to which it is attached, or 24 square feet, whichever is greater. Wall signs shall be attached flat against the building, and placement shall not exceed 15 feet above median sidewalk grade measured from the top of the sign. If the multitenant building is greater than 65 feet in height, one building identification wall sign for each street frontage may be placed on the parapet. The sign shall not name or advertise the individual tenants of the building. Wall signs may be non-illuminated, internally or indirectly illuminated, or neon tube illuminated. Internal illumination shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. Wall signs shall not blink, flash, or be animated. Aggregate sign area shall apply. A multitenant building shall have the option of the sign described in this subsection (E)(2)(c) or the identification sign described in subsection (E)(2)(d) of this section. d.Identification signs for occupancies. Each occupant of a multitenant building with street frontage shall be permitted two wall signs and one projecting or suspended sign. Each occupancy with street frontage shall be allowed at least 24 square feet of sign area. The aggregate wall sign area shall not exceed five percent of the first floor facade to which the signs are attached. The wall sign may be internally illuminated. Internal illumination shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. The projecting or suspended sign shall be non-illuminated. Wall signs shall not blink, flash, or be animated. F. Signs permitted in midway commercial/residential district. The aggregate sign area for any lot shall not exceed one square foot for each linear foot of street frontage. Aggregate sign area for corner lots shall not exceed three-fourths of a square foot for each linear foot of street frontage. The permitted signs enumerated in this subsection shall be 16 Amend KCC 15.06 - Re: Sign Regulations in MTC-1 subject to the total aggregate sign area and may be permitted subject to Midway Design Guidelines. 1. Identification signs for occupancies. Each single business property may have one freestanding monument sign per street frontage or one projecting sign per street frontage, if not located in a multitenant building, and two wall signs and one suspended sign per street frontage. a. Freestanding monument signs. Freestanding monument signs shall not exceed a height of 15 feet. The maximum sign area permitted is 80 square feet for the total of all faces. No one face shall exceed 40 square feet. The sign may be internally illuminated; provided, that it shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. Freestanding monument signs shall not rotate, blink, flash, or be animated. Freestanding monument signs shall include landscaping and curbing around the base of the sign to prevent vehicles hitting the structure and improve the visual appearance of the sign structure. Landscaping shall be in proportion to the structure, with a minimum of one-half square foot of landscaping for each square foot of sign area, and shall be maintained throughout the life of the sign. b. Projecting or suspended signs. Projecting or suspended signs shall not protrude less than eight feet above the surface of the sidewalk. The following are recognized projecting signs: i. Blade signs. Blade signs shall be double-faced, may be non-illuminated, internal or internal indirect illuminated, or neon tube illuminated. Internal illumination shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. The maximum sign area permitted is 80 square feet. No one face shall exceed 40 square feet. The maximum sign height permitted is 20 feet. Blade signs shall not rotate, blink, flash, or be animated. 17 Amend KCC 15.06 - Re: Sign Regulations in MTC-1 ii.Hanging signs. Hanging signs shall be double- faced and shall be non-illuminated. c.Wall signs. Wall signs shall not exceed an area of 10 percent of the building first floor facade to which they are attached, or 24 square feet, whichever is greater. Wall signs shall be attached flat against the building, and placement shall not exceed 35 feet above median sidewalk grade measured from the top of the sign. Wall signs may be non- illuminated, internally or indirectly illuminated. Internal illumination shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. 2.Identification signs for multitenant buildings. Each multitenant property may have one freestanding monument sign or one projecting sign and each occupancy with street frontage may have two wall signs and one suspended sign per street frontage, except the anchor tenants with a business frontage of at least 100 linear feet shall be allowed three wall signs. The aggregate wall sign area shall not exceed 10 percent of the first floor building facade to which the signs are attached. a.Freestanding monument signs. Each multitenant property may have one freestanding monument sign on each street frontage. The sign may not exceed a height of 15 feet. The maximum sign area permitted is 80 square feet for the total of all faces. No one face shall exceed 40 square feet. The sign may be internally illuminated; provided, that it shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. Freestanding monument signs shall not rotate, blink, flash, or be animated. Freestanding monument signs shall include landscaping and curbing around the base of the sign to prevent vehicles hitting the structure and improve the visual appearance of the sign structure. Landscaping shall be in proportion to the structure, with a 18 Amend KCC 15.06 - Re: Sign Regulations in MTC-1 minimum of one-half square foot of landscaping for each square foot of sign area, and shall be maintained throughout the life of the sign. b. Wall signs. Each multitenant building may have one identification wall sign for the building’s identification for each street frontage. The sign shall not exceed a total of five percent of the first floor facade to which it is attached. The sign shall not name or advertise the individual tenants of the building. The sign may be internally illuminated; provided, that it shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. Aggregate sign area shall apply. A multitenant building will have the option of the sign described in this subsection (F)(2)(b) or the identification sign described in subsection (F)(2)(c) of this section. c. Identification signs for occupancies. Each occupant of a multitenant building with street frontage shall be permitted two wall signs and one projecting or suspended sign. Each occupancy shall be allowed at least 24 square feet of sign area. The aggregate wall sign area shall not exceed 10 percent of the first floor facade to which the signs are attached. The wall sign may be internally illuminated. Internal illumination shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. The projecting or suspended sign shall be non-illuminated. G. Signs permitted in neighborhood convenience commercial districts. 1. Generally. One freestanding double-faced identification sign shall be permitted for each lot. The sign shall not exceed a maximum area of 50 square feet for the total of all faces. No one face shall exceed 25 square feet. A freestanding sign shall not exceed a height of 15 feet and shall be unlighted or provided with indirect illumination. 2. Identification signs for buildings. One identification sign shall be permitted for each principal building. The sign shall not exceed an area 19 Amend KCC 15.06 - Re: Sign Regulations in MTC-1 of five percent of the facade to which it is attached, shall be attached flat against the building, shall not project above the eave of the roof or the top of the parapet, and shall be unlighted or provided with indirect illumination. Such signs shall not advertise or name individual tenants of the building. 3.Identification signs for occupancies. Signs not exceeding a total of five percent of the facade of the business unit to which they are attached shall be permitted for each occupancy in a multitenant building when the occupancy has outside frontage. H. Signs permitted in industrial districts. 1.Aggregate sign area. The aggregate sign area for lots in the M1 and AG districts shall not exceed one-half square foot for each foot of street frontage. The aggregate sign area for lots in the M2 district shall not exceed three-fourths of a square foot for each foot of street frontage. The aggregate sign area for lots in the M3 district shall not exceed one square foot for each foot of street frontage. In no case shall the aggregate sign area exceed one-half square foot for each foot of street frontage on a corner lot. The permitted signs enumerated in this subsection shall be subject to the total aggregate sign area. a.Identification signs for buildings. One identification sign shall be permitted for each lot on each street frontage, which may be a freestanding sign or a wall sign. The maximum sign area permitted for a freestanding sign is 200 square feet for the total of all faces. No one face shall exceed 100 square feet. If the sign is a wall sign, its size shall not exceed 20 percent of the building facade. A freestanding sign shall not exceed a height of 20 feet. The sign may be illuminated. b.Identification signs for occupancies. One identification sign shall be permitted for each occupancy on each street frontage and shall be a wall sign. The maximum size of the sign shall be 10 percent of the building facade. This sign may be illuminated. If the identification sign 20 Amend KCC 15.06 - Re: Sign Regulations in MTC-1 permitted under subsection (H)(1)(a) of this section is a wall sign, an additional wall sign may be permitted on a building facade not facing a street frontage. 2. Farm product identification signs. No permit is required, but the sign may not be located in the public right-of-way. I. Signs permitted in planned unit developments, special use combining districts, and mobile home park districts and for conditional uses. All signs in planned unit developments, special use combining districts, and mobile home parks and for conditional uses shall be incorporated as part of the developmental plan and approved with the developmental plan. Subsequent changes which conform to the adopted signing program may be granted by the planning director. J. Signs permitted in shopping centers. The aggregate sign area for each occupant of a shopping center shall not exceed 20 percent of the front facade of the unit. Wall signs are permitted on each exterior wall of the individual business unit. A minimum of 30 square feet shall be permitted for any occupancy. No combination of signs shall exceed 10 percent of the facade to which they are attached. If there is an attached canopy or overhang, a 10-square-foot sign may be attached to the canopy or overhang in addition to the other permitted signs. Such sign shall be at least eight feet above any pedestrian walkway. SECTION 2. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the 21 Amend KCC 15.06 - Re: Sign Regulations in MTC-1 correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4. – Effective Date. This ordinance shall take effect and be in force thirty 30 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 P:\Civil\Ordinance\15.06.060 Midway Transit Community-Signs-Ordinance.docx This page intentionally left blank. KENT Location: 400 w. Gowe r Maitro: 220 4thAvenue r"rttntÎl$iirn^lrJiJ-irli Permit Center (253-856-5302 FAX: (253) 856-6412 www.ci.kent.wa. us/perm itcenter Envi ronmenta I Checkl ist Application Form Public Notice Board and Application Fee...See Fee Schedule W^ s H r ñ c r o N TO BE COMPLETED BY STAFF: APPLICATION #: ENV-2018-3 KIVA#: RPSA-2180304 RECEIVED BY:_DATE:_PROCESSING FEE A. STAFF REVIEW DETERMINED THAT PROJECT: X Meets the categorically exempt criteria. Has no probable significant adverse environmental impact(s) and application should be processed without further consideration of environmental effects. Has probable, significant impact(s) that can be mitigated through conditions. EIS not necessary. Has probable, significant adverse environmental impact(s). An Environmental lmpact Statement will be prepared. An Environmental lmpact Statement for this project has already been prepared. t*",ø*"lh,rrtpnø o'n)"2 - "j -/ g Signature of Responsible Official Date B. COMMENTS c TYPE OF PERMIT OR ACTION REQUE SïÈD. Tî*,W T)ffi¿â&ful 'T- tDZONING DIST I TO BE GOMPLETED BY APPLIGANT: Mailing Address: 220 4th Avenue S., A. 1. 2. City of Kent Planning Services Environmental Checklist - Page 2 BACKGROUN D INFORMATION : Name of Project: Midwav Transit Communitv: 1 (MTC-1) Síqn Code Amendments Name of Appli Citv of Kent Kent, WA 98032 Contact Person Danielle Butsick Telephone 253-856-5443 (Note that all correspondence will be mailed to the applicant listed above.) Applicant is (owner, agent, other): Lonq-Ranqe Planner Name of Legal Owne nla Telephone: Mailing Address: 5.Location. Give general location of proposed project (street address, nearest intersection of streetsand@). Citywide; MTC-1 zoning district. Legal descriotion and tax identification number a. Lqgal descfiption (if lenqthy, attach as separate sheet): Not applicable. b. Tax identification number: Not applicable. Existinq conditions: Give a general description of the property and existing improvements, size, topography, vegetation, soil, drainage, natural features, etc. (if necessary, attach a separate sheet). Areas currentlywithin the MTC-1 zoning district are characterized byfrontage on SR-99, a 45 mile-per- hour state highway. Highway frontage for parcels in this zoning district ranges from 100 feet to more than 350 feet. Most parcels currently within the MTC-1 zoning district are commercially developed; ten parcels out of a total of 67 remain undeveloped. 3 4 6 7 City of Kent Planning Services Environmental Checklist - Page 3 I Site Area: Citvwide. Areas currentlvwithin the MidwavTransit Communitv-1 zoninq district are located at the northwest and south corners of the Midwav subarea. These areas are at Kent's westernmost limits and are bounded to the west bv the Citv of Des Moines and to the south bv FederalWav. Site Dimensions:The area r:rrrrenflv within the idwav Transit Communitv - 1 zonino district constitutes aooroximatelv 70 acres. 9. Proiect description: Give a brief, complete description of the intended use of the property or project including all proposed uses, days and hours of operation and the size of the project and site. (Attach site plans as described in the instructions): The proposal amends sign code regulations in KCC 15.06 pertaining tothe MTC-1 zoning district. lt increases the maximum allowed height of freestanding monument signs (currently the only type of freestanding sign allowed) from 15 feet to 20 feet, and increases the maximum allowed area of freestanding monument signs from 80 square feet with a maximum face size of 40 square feet to 100 square feet with a maximum face size of 50 square feet. The proposal provides for the director to grant exceptions to the type and size of freestanding signs, allowing freestanding signs other than monument signs up to a maximum area of 150 square feet with a maximum single cabinet face size of 40 square feet and a maximum height of 20 feet. ln order for the director to grant such an exception, the applicant must meet all of a seríes of conditions that ensure consistencywith the pedestrian-scale character envisioned in the Midway Subarea Plan and Midway Design Guidelines. The conditions also require thatthe location and design of the sign provide sufficient spacing and do not negatively impact adjacent uses. 10. Schedule: Describe the timing or schedule (include phasing and construction dates, if possible). The following is the tentative schedule for the proposed code amendments: Land Use and Planning Board: Workshop - 02Í12t2018 Land Use and Planning Board: Public Hearing - 0212612018 (Tentative) Economic and Cornmunity Development Committee: Recommendation 0311212018 (Tentative) City Council: Adoption 03120120'18 (Tentative) 11.Future Plans: Do you have any plans for future additions, expansion or further activity related to or connected with this proposal? lf yes, explain. At the time of submission of this checklist, there are no plans for further code revisions related to this proposal. 12. PermitslAoorovals: List all permits or approvals for this project from local, state, federal, or other agencies for which you have applied or will apply as required for your proposal. City of Kent Planning Services Environmental Checklist - Page 4 AGENCY PERMIT TYPE DATE SUBMITTED-NUMBER STATUS** Washington State Department of Commerce Development regulation review 0111812018 nla Received *Leave blank if not submitted**Approved, denied or pending 13 Environmental lnformation: List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Midway Planned Action Ordinance Environmental lmpact Statement (ElS), 2011 14.Do you know whether applications are pending for governmental approvals of other proposals directly atfecting the property covered by your proposal? lf yes, explain. There are pending development applications for parcels within the MTC-1 zoning district. Civil and building permits have been submitted for a drive-in restaurant on a property on the SR-99 frontage. Civil permits have also been submitted for construction of a church in the MTC-1 district. City of Kent Planning Services Environmental Checklist - Page 5 B. ENVIRONMENTAL ELEMENTS 1. Earth a General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, othe b. What is the steepest slope on the site (approximate percent slope)? According to the City of Kent GIS slope data (2015), nearly all of the area currentlywithin the MTC-1 zoning district is 0-15% sloped;there are narrow bands throughout the area with slopes greater than 40%. A segment in the northwest corner, comprised of undeveloped parcels characterized by wetlands, has a greater concentration of slopes ranging from 15-75%. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? lf you knowthe classification of agricultural soils, specify them and note any prime farmland. According to the City of Kent GIS soils data (2015) and the definitions provided in the 1973 United States Department of Agriculture Soil Survey for the King CountyArea (1973 Soils Survey), areas currentlywithin the MTC-1 zoning district are primarily one of two soil types: 1) Arents/alderwood material with 6-15% slope. Runoff is medium, and the erosion hazard is moderate to severe. This soil is compatible with urban development. 2) Alderwood gravelly sandy loam with 6-15% slope. Permeability is relatively high in the surface layers and very slow in the lower layers. Runoff is slow to medium, and erosion hazard is moderate. This soil is compatible with timber, agriculture, or urban development. d. Are there surface indications or history of unstable soils in the imrnediate vicinity? lf so, describe. None of the areas currently within the MTC-1 zoning district are within the landslide hazard areas mapped by the City of Kent. Describe the purpose, type and approximate quantities of any filling or grading proposed. lndicate source of fill. e Not applicable. No grading proposed EVALUATION FOR AGENCY USE ONLY f City of Kent Planning Services Environmental Checklist - Page 6 Could erosion occur as a result of clearing, construction, or use? lf so, generally describe. City of Kent GIS soils data, City of Kent GIS erodible soils data, and definitions in the 1973 Soils Survey indicate that erosion risk in this area is moderate to severe. Localized erosion could occur as signs are installed. The Midway Design Guidelines require landscaping at the base of signs, which would reduce the likelihood of erosion. g About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Not applicable. No project is currently proposed. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any. The Midway Design Guidelines require landscaping at the base of signs, which will reduce the potential impacts of erosion. 2. Air Not applicable, What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke)during construction and when the project is completed? lf any, generally describe and give approximate quantities if known. b. Are there any off-site sources of emissions or odor that may affect your proposal? lf so, generally describe. Proposed measures to reduce or control emissions or other impacts to air, if any. a c EVALUATION FOR AGENCY USE ONLY City of Kent Planning Services Environmental Checklist - Page 7 3. Water a. Surface: 1)ls there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, salt water, lakes, ponds, wetlands)? lf yes, describe type and provide names. lf appropriate, state what stream or river it flows into. City of Kent GIS wetland inventory data show that the Mcsorely Creek wetland covers a narrow portion of the southern segment of the current MTC-1 zoning district; Massey Creek wetlands are present in the northernmost segment. 2l Willthe project require anywork over, in oradjacentto (within 200 feet) the described waters? lf yes, please describe and attach available plans. Not applicable. No project is currently proposed EVALUATION FOR AGENCY USE ONLY City of Kent Planning Services Environmental Checklist - Page B 3)Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. lndicate the source of fill material. Not applicable. No project is currently proposed 4)Will the proposal require surface waterwithdrawals or diversions? Give general description, purpose, and approximate quantities, if known. Not,applicable. No project is currently proposed 5)Does the proposal lie within a 1OO-year floodplain? lf so, note location on the site plan. The current extent of the MTC-1 zoning district is outside of the FEMA floodplain. 6)Does the proposal involve any discharges of waste materials to surface waters? lf so, describe the type of waste and anticipated volume of discharge. b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities, if known. Not applicable. No project is currently proposed. 2)Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: domestic sewage; industrial, containing the following chemicals,..; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. EVALUATION FOR AGENCY USE ONLY City of Kent Planníng Services Environrnental Checklist - Page 9 Not applicable. No project is currently proposed c. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? lf so, describe. Not applicable. No project is currently proposed. 2)Could waste materials enter ground or surface waters? lf so, generally describe. Not applicable. No project is currently proposed. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Not applicable. No project is currently proposed. 4. Plants a. Check or circle types of vegetation found on the site: _x_Deciduous tree: alder, maple aspen, other _x_Evergreen tree: fir, cedar, pine, other x Shrubs Grass Pasture _Crop or grain Wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other Water plants: water lily, eelgrass, milfoil, other _x_Other types of vegetation EVALUATION FOR AGENCY USE ONLY City of Kent Planning Services Environmental Checklist - Page 10 Blackberry, limited urban landscaping b. What kind and amount of vegetation will be removed or altered? Not applicable. No project is currently proposed c. List threatened or endangered species known to be on or near the site. Per WDFW PHS data, no threatened or endangered species are known to be present. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: No project is currently proposed; however, landscaping is required at the base of signs per the Midway Design Guidelines. 5. Animals a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, Mammals: deer, bear, elk, beaver, Físh: bass, salmon, trout, herring, shellfish, othe Per WDFW PHS data, none observed. b. List any threatened or endangered species known to be on or near the site. Per WDFW PHS data, none known. c. ls the site part of a migration route? lf so, explain, According to the Audubon Society, the MTC-1 zoning district is part of the Pacific Flyway for migratory birds, as is the entire Puget Sound region. d. Proposed measures to preserve or enhance wildlife, if any: Not applicable. EVALUATION FOR AGENCY USE ONLY a City of Kenl Planning Services Environmental Checklist - Page 11 6. Enerqv and Natural Resources What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. No project is currently proposed; however, some signs permitted under the proposed code amendment may be lighted and require electricity, b, Would your project affect the potential use of solar energy by adjacent properties? lf so, generally describe. Signs permitted under the proposed code amendments could result in shadows under certain conditions, depending on the locatíon of the sign, The impact would likely be minimal and could be mitigated through strategic location of solar panels. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Not applicable, No project is currently proposed 7. Environmental Health a, Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? lf so, describe. The Department of Ecology Tacoma Smelter Plume online interactive map indicates that areas currently within the MTC-1 zoning district are within the Tacoma Smelter Plume and have been shown to have 40.1 to 100 parts per million for arsenic. Caution must be exercised when excavating to install signs permitted under the proposed code amendments. Department of Ecology Tacoma Smelter Plume Model Remedies Guidance should be consulted. c. 1) Describe special emergency services that might be required EVALUATION FOR AGENCY USE ONLY City of Kent Planning Services Environmental Checklist - Page 12 It is unlikely that emergency services will be required. 2)Proposed measures to reduce or control environmental health hazards, if any: Construction staff should exercise caution and use proper personal protection equipment when installing signs in these areas. b. Noise 1)What types of noise exist in the area which may affect your project (for example: traffic, equipment operation, other)? fhe areas currently within the MTC-1 zoning district are characterized by frontage on SR-99;traffic noise is common in these areas. 2)What types and levels of noise would be created by or associated with the project on a short-term or a long{erm basis (for example: traffic, construction, operation, other)? lndicate what hours noise would come from the site. Construction noise is likely to be created during construction or installation of signs permitted under the proposed code amendments. No construction scheduling plans exist at this time. 3) Proposed measures to reduce or control noise impacts, if any: Measures to reduce or control noise impacts will be project-specific. Generally, projects should avoid construction during open hours of businesses that could be impacted by ambient noise, or during hours that would disturb residents if projects are near residential properties. 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? The current uses in the MTC-1 zoning dístrict are auto-oriented commercial uses, including drive{hrough restaurants, automobile sales and service, public storage facilities, and gas stations. b. Has the site been used for agriculture? lf so, describe Given the character of development present in the MTC-1 zoning district, it is unlikely that this area has been used for agriculture in the recent past. EVALUATION FOR AGENCY USE ONLY City of Kent Planning Services Environmental Checklist - Page 13 c. Describe any structures on. the site Many structures are present within the MTC-I zoning district, primarily wood frame or cinder block buildings. d. Will any structures be demolished? lf so, what? No new signs have been proposed at this time. lt cannot be known at this time whether future signs will displace structures. e. What is the current zoning classification of the site? Midway Transit Community (MTC)-í f. What is the current comprehensive plan designation of the site? Transit-Oriented Community (TOC) g. lf applicable, what is the current shoreline master program designation of the site? Not applicable h. Has any part of the site been classified as an "environmentally sensitive" area? lf so, specify. No. i. Approximately how many people would reside or work in the completed project? Not applicable. j. Approximately how many people would the completed project displace? Not applicable. k. Proposed measures to avoid or reduce displacement impacts, if any. Not applicable. l. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any. Not applicable. EVALUATION FOR AGENCY USE ONLY City of Kent Planning Services Environmental Checklist - Page 14 9. Housinq Not applicable. a. Approximately how many units would be provided, if any? lndicate whether high, middle, or low income housing. b. Approximately how many units, if any, would be eliminated? lndicate whether high, middle, or low income housing. c.Proposed measures to reduce or control housing impacts, if any. 10. Aesthetics a" What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? The proposal includes provisions to allow freestanding signs up to 20 feet tall. No new signs are proposed at this time; the materials for future signs cannot be known. b. What views in the immediate vicinity would be altered or obstructed? No proposals exist for signs under the proposed regufations; the areas currently within the MTC-1 zoning district are characterized by highway frontage and typically do not have views which could be obstructed by signs permitted under the proposed code amendments. Temporary changes to the visual environment may occur during construction. Existing sign code provisions prohibit signs which obstruct sight distance for motorists, which could also have the effect of limiting the impact signs may have on views. c. Proposed measures to reduce or control aesthetic impacts, if any, The proposal contaíns provisions to ensure that signs permitted under the proposed regulations do not adversely impact or detract from the welfare of nearby residences. This could include impacts to aesthetic views. 11. Liqht and Glare EVALUATION FOR AGENCY USE ONLY a City of Kent Planning Services Environmental Checklist - Page 15 What type of light or glare will the proposals produce? What time of day would it mainly occur? Signs permitted under the proposed regulations may be internally or indirectly lighted; they could be lighted 24 hours per day. b. Could light or glare from the finished project be a safety hàzard or interfere with views? Existing regulations prohibit blinking or flashing signs within 75 feet of the right of way, as well as any signs that interfere with sight distance. c. What existing off-site sources of light or glare may affect your proposal? Light from other signs and uses could interfere with the visibility of signs permitted under the proposed regulations. d. Proposed measures to reduce or control light and glare impacts, if any. Regulations are in place to reduce safety and visibility impacts of signs, 12. Recreation Not applicable. a. What designated and informal recreational opportunities are in the immediate vicinity? b. Would the proposed project displace any existing recreational uses? lf so, describe. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any. 13. Historic and Gultural Preservation a. Are there any places or objects listed on, or proposed for, national, state or local preservation regislers known to be on or next to the site? lf so, generally describe. According to the State of Washington lnformation System forArchitectural and Archaeological Records Data (WISAARD) database, in the area currently c EVALUATION FOR AGENCY USE ONLY City of Kent Planning Services Environmental Checklist - Page 16 within the MTC-1 zoning district, there are the following inventoried potentially eligible resources, for which no eligibility has been determined: Bucky's Muffler Brake Radiator, 23898 Pacific Hwy S Midway Drive-ln Theater, 24050 Pacific Hwy S Skip's Auto Body and Paint, 24433 Pacific Hwy S Midway Frame and Alignmenl,24441 Pacific Hwy S Adjacent to the area to the south in Federal Way is also Pascoe's Grocery, at 27202 Pacific Hwy S. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. Potential landmarks and historic or cultural resources are primarily of-age structures which are auto-oriented service uses, including auto body and maintenance shops. The Midway Drive-ln Theater was located in this area, but has since been demolished. c. Proposed measures to reduce or control impacts, if any. No impacts are expected to the potential historic resources in this vicinity. Signs permitted under the proposed code amendments would not be expected to detract from the character of these business operations. Any construction projects should follow Washington State's lnadvertent Discovery Plan for archaeological or cultural resources. 14. Transportation ldentify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. ïhe MïC-1 zoning district is characterized bythe presence of SR-99, running north-south. Other east-west streets intersect the highway throughout the MTC-1 zoning district, including SR-516/Kent Des Moines Road. b. ls site currently served by public transit? lf not, what is the approximate distance to the nearest transit stop? Transit stops are located throughout the SR-99 corridor, including in the MTC- 1 zoning district. How many parking spaces would the completed project have? How many would the project eliminate? I a a a ct c EVALUATION FOR AGENCY USE ONLY d City of Kent Planning Services Environmental Checklist - Page 17 Not applicable. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? lf so, generally describe (indicate whether public or private). Not applicable Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? lf so, generally describe. A light rail route extension and new rail stations will be in the immediate vicinityof the area currentlywithin the MTC-1 zoning district. Astation willbe located to the east of the northern segment; a second station will be located to the east of the southern segment. f. How many vehicular trips per day would be generated by the completed project? lf known, indicate when peak volumes would occur. There are no current proposals under the proposed regulations. Any additional trips per day generated would be attributed to new uses and occupancies rather than the signs identifying those uses. g Proposed measures to reduce or controltransportation impacts, if any. Not applicable. 15. Public Serviceq a. Would the project result in an increased need for public services (for example:fire protection, police protection, health care, schools, other)? lf so, generally describe. Not applicable. b. Proposed measures to reduce or control direct impacts on public services, if any. Not applicable. 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, san¡tary sewer, septic system, other. Ã EVALUATION FOR AGENCY USE ONLY City of Kent Planning Services Environmental Checklist - Page 18 The MTC-1 zoning district is served by typical urban utilities. b. Describe the utilities that are proposed for the project, the utilities providing the service and the general construction activities on the site or in the immediate vicinity, which might be needed. New signs permitted under the proposed regulations may require electricity if lighted. The service provider will be determined, as needed, when development proposals are submitted. C. SIGNATURE ïhe above answers are true and complete to the best of my knowledge. I understand that the lead ag is relying on them to make its decision Signatu D DO NOT USE THIS SHEET FOR PROJECT ACTIONS D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extentthe proposal, orthe types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1 . How would the proposal be likelyto increase discharge to water; emission to air; production, storage, or release of toxic or hazardous substances; or production of noise? The proposal is unlikely to increase discharge to water; emíssion to air; production, storage, or release of toxic or hazardous substances; or noise production, Proposed measures to avoid or reduce such increases are: Not applicable. EVALUATION FOR AGENCY USE ONLY City of Kent Planning Services Environmental Checklist - Page 19 2. How would the proposal be likely to affect plants, animals, fish, or marine life? The proposal is unlikely to affect plants, animals, fish, or marine life. Proposed measures to protect or conserve plants, animals, fish, or marine life? Not applicable. 3. How would the proposal be likely to deplete energy or natural resources? ïhe proposal is unlikely to deplete energy or natural resources. Proposed measures to protect or conserve energy and natural resources are: Not applicable 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? The proposal is unlikely to have any effect on environmentally sensitive areas. Proposed measures to protect such resources or to avoid or reduce impacts are: Not applicable 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? By amending sign regulations to allow more flexibility and larger signs, the proposal may create an environment that is friendlier toward auto-oriented businesses; over time this could result in a greater number of auto-oriented land uses. Auto-oriented uses are recognized in the Midway subarea plan and Midway Design Guidelines as a characteristic of the MTc-1 zoning district; however, the pedestrian is intended to be given priority in this area. To meet this vision, the proposal includes provisions to ensure that auto- oriented uses include pedestrian-scale design elements. The proposal is unlikely to impact shoreline uses. EVALUATION FOR AGENCY USE ONLY City of Kent Planning Services Environmental Checklist - Page 20 Proposed measures to avoid or reduce shoreline and land use impacts are: The Midway Subarea Plan and Midway Design Guidelines prescribe a pedestrian-scaled characterforthe MTC-1 zoning district, while recognizing its auto-oriented environment on the SR-99 frontage. The proposed code amendments adjust the sign regulations to allow larger signs and more flexibility in sign type; they also ensure that larger signs and sign types that tend to be less pedestrian-friendly provide pedestrian-scale design as envisioned in the design guidelines. How would the proposal be likely to increase demands on transportation or public services and utilities? The proposal is unlikely to increase demand for transportation, public services, or utilities. Proposed measures to reduce or respond to such demand(s) are: Not applicable 7. ldentify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The proposal does not conflict with local, state, or federal laws or requirements for protection of the environment. P: \Planni ng\ADMIN\FORMS\SEPA\SEPA_CHECKLIST.doc (REVISED 1zl08) 6 EVALUATION FOR AGENCY USE ONLY KENT WasHtNcroN CITY OF KENT DETERMINATION OF NONSIGNIFICANCE Environmental Checklist No, #ENV-2018-3 Project: #ZCA-20L8-LRPSA-2180304 RPP6-2180307 Description: The City of Kent has initiated a non-project environmental review for a proposal to amend the City of Kent Municipal Code Section 15.06 pertaining to the Midway Transit Community-1 (MTC-1) zoning district. It increases the maximum allowed height of freestanding monument signs (currently the only type of freestanding sign allowed) from 15 feet to 20 feet, and increases the maximum allowed area of freestanding monument signs from 80 square feet with a maximum face size of 40 square feet to 100 square feet with a maximum face size of 50 square feet, The proposal provides for the director to grant exceptions to the type and size of freestanding signs, allowing freestanding signs other than monument signs up to a maximum area of 150 square feet with a maximum single cabinet face size of 40 square feet and a maximum height of 20feet, Inorderforthedirectortograntsuchanexception,theapplicantmustmeetall of a series of conditions that ensure consistency with the pedestrian-scale character envisioned in the Midway Subarea Plan and Midway Design Guidelines. The conditions also require that the location and design of the sign provide sufficient spacing and not negatively impact adjacent uses, Applicant: Danielle Butsick, Sr, Long Range Planner/GIS Coordinator City of Kent Planning Services Lead Agency Crrv or Krrur The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment, An environmental impact statement (EIS) is not required under RCW 43.21C,030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request, There is no comment period for this DNS. X This DNS is issued under L97-LL-340(2). The lead agency will not act on this proposal for 14 days from the date of this decision; this constitutes a 14-day comment period. Comments must be submitted by 4=3O p.ffi., February 19, 2018, This DNS is subject to appeal pursuant to Kent City Code section 11,03,520, Responsible Official Charlene Anderso n Position/T¡tle Lonq Ranqe Planninq Manaqer/ SEPA OFFICIAL Address 220 Fourth Avenue South, Kent, WA 98032 Telephon Dated February 5, 2018 Signature APPEAL PROCESS: AN APPEAL OF A DETERMINATION OF NONSIGNIFICANCE (DNS) MUST BE MADE TO THE KENT HEARING EXAMINER WITHIN FOURTEEN (14) DAYS FOLLOWING THE END OF THE COMMENT PERIOD PER KENT CITY CODE 11.03.520. CONDITIONS/MITIGATING MEASURES: NONE This page intentionally left blank. ECONOMIC & COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 ENVIRONMENTAL REVIEW REPORT Decision Document MIDWAY TRANSIT COMMUNITY – 1 (MTC-1) SIGN CODE AMENDMENT ENV-2018-3, KIVA #RPSA-2180307 ZCA-2018-1, KIVA #RPP6-2180304 Charlene Anderson, AICP Responsible Official I. PROPOSAL The City of Kent has initiated a non-project environmental review for a proposal to a) amend the City of Kent Municipal Code Section 15.06 pertaining to the Midway Transit Community-1 (MTC-1) zoning district. It increases the maximum allowed height of freestanding monument signs (currently the only type of freestanding sign allowed) from 15 feet to 20 feet, and increases the maximum allowed area of freestanding monument signs from 80 square feet with a maximum face size of 40 square feet to 100 square feet with a maximum face size of 50 square feet. The proposal provides for the director to grant exceptions to the type and size of freestanding signs, allowing freestanding signs other than monument signs up to a maximum area of 150 square feet with a maximum single cabinet face size of 40 square feet and a maximum height of 20 feet. In order for the director to grant such an exception, the applicant must meet all of a series of conditions that ensure consistency with the pedestrian-scale character envisioned in the Midway Subarea Plan and Midway Design Guidelines. The conditions also require that the location and design of the sign provide sufficient spacing and do not negatively impact adjacent uses. II.BACKGROUND INFORMATION Areas currently within the Midway Transit Community-1 zoning district are located at the northwest and south corners of the Midway subarea. These areas are at Kent’s westernmost limits and are bounded to the west by the City of Des Moines and to the south by Federal Way. The area currently within the Midway Transit Community – 1 zoning district constitutes approximately 70 acres. Areas currently within the MTC-1 zoning district are characterized by frontage on SR-99, a 45 mile-per-hour state highway. Highway frontage for parcels in this zoning district ranges from 100 feet to more than 350 feet. Most parcels currently within the MTC-1 zoning district are commercially developed; ten parcels out of a total of 67 remain undeveloped. Decision Document MTC-1 Sign Code Amendments (ZCA-2018-1) ENV-2018-03 / RPSA-2180304 Page 2 of 5 Compliance with Kent's Comprehensive Plan (Ordinance 4163), the Washington State Growth Management Act (GMA), The Local Project Review Act (ESHB 1724 and ESB 6094), Kent's Construction Standards (Ordinance 3944) and Concurrency Management (Chapter 12.11, Kent City Code) will require concurrent improvements or the execution of binding agreements by the Applicant/Owner with Kent to mitigate identified environmental impacts. These improvements and/or agreements may include improvements to roadways, intersections and intersection traffic signals, stormwater detention, treatment and conveyance, utilities, sanitary sewerage and domestic water systems. Compliance with Kent's Construction Standards may require the deeding/dedication of right-of-way for identified improvements. Compliance with Title 11.03 and 11.06 of the Kent City Code may require the conveyance of Sensitive Area Tracts to the City of Kent in order to preserve trees, regulate the location and density of development based upon known physical constraints such as steep and/or unstable slopes or proximity to lakes, or to maintain or enhance water quality. Compliance with the provisions of Chapter 6.12 of the Kent City Code may require provisions for mass transit adjacent to the site. In addition to the above, Kent follows revisions to the Washington State Environmental Policy Act, Chapter 197-11 WAC (effective July 3, 2016), which implements ESHB 1724 and ESB 6094, and rules which took effect on May 10, 2014 in response to 2ESSB 6406 passed by the State Legislature in 2012. III. ENVIRONMENTAL ELEMENTS A. Earth According to the City of Kent GIS slope data (2015), slopes within areas currently within the MTC-1 zoning district are primarily 0-15%, with narrow bands of steeper slopes. City of Kent GIS soils data (2015) and definitions in the 1973 United States Department of Agriculture Soil Survey for the King County Area indicate that soils are primarily arents/alderwood material or alderwood gravelly sandy loam. Both soil types are compatible with urban development, although erosion risk is moderate to high. Landscaping required by the Midway Design Guidelines will help to mitigate localized erosion where signs are installed. B. Air The proposal is a non-project action. No impacts to air are anticipated from this proposal. C. Water According to the City of Kent GIS wetlands inventory data, the McSorely Creek wetland covers a narrow portion of the southern segment of the current MTC-1 zoning district; Massey Creek wetlands are present in the northernmost segment. Decision Document MTC-1 Sign Code Amendments (ZCA-2018-1) ENV-2018-03 / RPSA-2180304 Page 3 of 5 If individual development proposals impact wetlands or streams, mitigation will be required in accordance with the City’s Critical Areas regulations contained in Kent City Code Section 11.06. Construction activities are regulated by the adopted codes of the City of Kent. Impacts to associated waterways and wetland areas will be analyzed and mitigated at the time of development permit review. D. Plants and Animals The code amendments are non-project actions. No threatened or endangered species are known to be present, according to the Washington Department of Fish and Wildlife Priority Habitat and Species database. E. Energy and Natural Resources This proposal is not anticipated to have a significant adverse effect on energy and natural resources. Some signs permitted under the proposed amendments may be lighted and could require electricity. F. Environmental Health According to the Department of Ecology Tacoma Smelter Plume online interactive map, the areas currently within the MTC-1 zoning district are within the Tacoma Smelter Plume and have been shown to have 40.1 to 100 parts per million for arsenic. Caution must be exercised when excavating to install signs permitted under the proposed code amendments. The Department of Ecology Tacoma Smelter Plume Model Remedies Guidance should be followed. G. Aesthetics, Noise, Light and Glare Construction of new signs permitted under the proposed amendments could result in construction noise. Signs may be lighted and contribute to light pollution in the SR-99 corridor. Regulations are in place to reduce the safety and visibility impacts of signs. The proposal includes provisions to allow freestanding signs up to 20 feet tall. New signs permitted under the code amendments are unlikely to impact aesthetic views, as the area is an intensively developed highway corridor. H. Land and Shoreline Use The current uses in the MTC-1 zoning district are auto-oriented commercial uses, including drive-through restaurants, automobile sales and service, public storage facilities, and gas stations. Many structures are present within the MTC-1 zoning district, primarily wood-frame or cinder block buildings. I. Housing Adoption of the code amendments is not anticipated to have a significant adverse effect on housing. Decision Document MTC-1 Sign Code Amendments (ZCA-2018-1) ENV-2018-03 / RPSA-2180304 Page 4 of 5 J. Recreation While there are many parks and recreation facilities in the City of Kent, significant adverse impacts to recreation are not anticipated from these code amendments. K. Historic and Cultural Preservation According to the State of Washington Information System for Architectural and Archaeological Records Data (WISAARD) database, potential landmarks and historic or cultural resources are primarily of- age structures which are auto-oriented service uses, including auto body and maintenance shops. The Midway Drive-In Theater was located in this area, but has since been demolished. Although this is a nonproject action, if archeological materials are discovered during work for any project action, the applicant must stop work and notify the State Department of Archaeology and Historical Preservation. L. Transportation The MTC-1 zoning district is characterized by the presence of SR-99, running north-south. Other east-west streets intersect the highway throughout the MTC-1 zoning district, including SR-516/Kent Des Moines Road. A light rail route extension and new rail stations will be in the immediate vicinity of the area currently within the MTC-1 zoning district. A station will be located to the east of the northern segment; a second station will be located to the east of the southern segment. There are no current proposals under the proposed regulations. Any additional trips per day generated would be attributed to new uses and occupancies rather than the signs identifying those uses. M. Public Services The proposed code amendment is a non-project action and is unlikely to impact public services. N. Utilities The MTC-1 zoning district is served by typical urban utilities. New signs permitted under the proposed regulations may require electricity if lighted. The service provider will be determined, as needed, when development proposals are submitted. IV. SUMMARY AND RECOMMENDATION A. It is appropriate per WAC 197-11-660 and RCW 43.21C.060 that the City of Kent establish conditions to mitigate any identified impacts associated with this proposal. Supporting documents for the following conditions and mitigating measures include: Decision Document MTC-1 Sign Code Amendments (ZCA-2018-1) ENV-2018-03 / RPSA-2180304 Page 5 of 5 1.City of Kent Comprehensive Plan as prepared and adopted pursuant to the State Growth Management Act; 2.The Shoreline Management Act (RCW 90.58) and the Kent Shoreline Master Program; 3.Kent City Code Section 7.07 Surface Water and Drainage Code; 4.City of Kent Transportation Master Plan, and current Six-Year Transportation Improvement Plan; 5.Kent City Code Section 7.09 Wastewater Facilities Master Plan; 6.City of Kent Comprehensive Water System Plan; 7.Kent City Code Section 6.02 Required Infrastructure Improvements; 8.Kent City Code Section 6.07 Street Use Permits; 9.Kent City Code Section 14.09 Flood Hazard Regulations; 10.Kent City Code Section 12.04 Subdivisions, Binding Site Plans, and Lot Line Adjustments; 11.Kent City Code Section 12.05 Mobile Home Parks and 12.06 Recreation Vehicle Park; 12.Kent City Code Section 8.05 Noise Control; 13.City of Kent International Building and Fire Codes; 14.Kent City Code Title 15, Zoning; 15.Kent City Code Section 7.13 Water Shortage Emergency Regulations and Water Conservation Ordinance 2227; 16.Kent City Code Sections 6.03 Improvement Plan Approval and Inspection Fees; 17.Kent City Code Section 7.05 Storm and Surface Water Utility; 18.City of Kent Comprehensive Sewerage Plan; 19.City of Kent Fire Department Regional Fire Authority Capital Facilities and Equipment Plan; and 20.Kent City Code Chapter 11.06, Critical Areas. 21.Department of Ecology Tacoma Smelter Plume Model Remedies Guidance (Publication Number 12-09-086-A) B. It is recommended that a Determination of Nonsignificance (DNS) be issued for this non-project action. KENT PLANNING SERVICES February 5, 2018 DB:pm S:\Permit\Plan\ZONING_OTHER_CODE_AMENDMENTS\2018\ZCA-2018-1 MTC-1 Sign Code\SEPA\ZCA-2018-1_MTC-1SignCode_ENV_Decision.doc This page intentionally left blank. munity partnerships. Agenda Item: Consent Calendar – 8M_ TO: City Council DATE: March 20, 2018 SUBJECT: Goods and Services Agreement with L.N. Curtis and Sons for Police Uniforms – Authorize SUMMARY: In 2017, the Kent Police Department began using L.N. Curtis and Sons, located in the City of Kent, as a vendor for uniforms, uniform accessories, uniform tailoring, and uniform alterations for department employees and volunteers. After researching other uniform vendors, L.N. Curtis was found to offer competitive pricing and determined to be very efficient at providing uniform needs for the department. Since this vendor is also located in Kent, it is convenient for officers to visit for purchasing and fitting. In June 2017, former Mayor Cooke authorized staff to negotiate directly with L.N. Curtis and Sons, without the need to conduct a competitive process because of the competitive pricing offered and the location of the company. A copy of that waiver is attached. Uniform expenses, based on past needs, are not currently expected to exceed $100,000 annually. If approved, this Agreement allows for a number of annual renewal options, up to a maximum contract length through December 31, 2023. EXHIBITS: Goods and Services Agreement with L.N. Curtis and Sons; Signed waiver agreement RECOMMENDED BY: Public Safety Committee YEA: Troutner, 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: Authorize the Mayor to sign a Goods and Services Agreement with L.N. Curtis and Sons to purchase police uniforms on an as-needed basis, in an amount not expected to exceed $100,000 annually, and with options to renew to a maximum contract length through December 31, 2023, subject to final terms and conditions acceptable to the Police Chief and City Attorney. This page intentionally left blank. KENT GOODS & SERVICES AGREEMENT between the City of Kent and L.N. Curtis and Sons THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and L.N. Curtis and Sons organized under the laws of the State of California, located and doing business at 6507 S. 208th Street, Kent, WA 98032, (253) 566-2686 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the Clty: 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 through December 31, 2018. However, upon the parties' mutual agreement, this Agreement may be extended for up to five (5) additional one (1) year GOODS & SERVICES AGREEMENT - 1 (Over $20,000, including WSST) Uniforms, uniform accessories, uniform tailoring, and uniform alterations for Kent Police Department employees and volunteers ("uniformed employees"), on an as-needed basis, through over-the-counter, direct, or online sale and shipment, and in accordance with the price list attached and incorporated as Fxhibit A, During the term of this Agreement, all uniforms and uniform accessories provided shall be of the same type, quality, size/measurement, cut, and possess all other specifications that existed at the time the parties executed this Agreement. No alteration or substitution of any item provided under this Agreement is permitted without the express written authorization of the City. Standard tailoring for uniform items, including placement of department-issued patches, hemming (pants), zipper application (shirts), and creases for academy shirts, shall be provided by Vendor at no additional cost for all new items purchased under this Agreement, Other hemming or tapering services will be provided at a cost of $7.00 per item, per seruice. In providing all alteration services, Vendor shall customize the flt of a purchased uniform to the uniformed employee to insure a proper and precise fit. Exceptional tailoring or repair work may be provided by Vendor at an additional cost, which cost must be mutually agreed upon by the parties/ on a case-by-case basis, and prior to the Vendor incurring such costs. Uniformed employees will visit Vendor during regular business hours for uniform fittings. Completed uniform items shall be delivered weekly to the Kent Police Department by Vendor at no additional cost. terms. Exercising an option to extend this Agreement for one of these additional one (1) year terms must be completed by executing an amendment to this Agreement. In no event, however, shall the total term of this Agreement be extended beyond December 3L,2023. III. COMPENSATION. The City shall pay the Vendor in accordance with the price tist attached and incorporated as Exhibill, plus any applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. Based on the Kent Police Department's past needs, the City anticipates its annual uniform costs will not exceed $100,000. This "not to exceed" amount is provided as an estimate only and is no way a guarantee of the payment the Vendor can expect to receive annually under this Agreement. This estimate is based on the number and type of uniform garments that the City reasonably expects to purchase from the Vendor annually. However, because the City's uniform needs depend on the number of employees it has on staff, this amount may fluctuate up and down. However, by its execution of this Agreement, the Vendor agrees that the price list attached as Exhibit A shall remain locked at the rates provided for therein, unless the City provides its express written authorization for any price increase, The Vendor may not unilaterally increase the price for any item covered under this Agreement or any subsequent amendment to this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that poftion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. Defective or Unauthorized- WoJk. 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. FiNAI PAvment: Waiver of CIaims. 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 foliowing 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. GOODS & SERVICES AGREEMENT. 2 (Over $20,000, including WSST) A B Vendor will be paid on a monthty basis for services rendered and goods received during the prior month in accordance with the price quotes attached and incorporated as ExhibitA. Invoices will be paid within thirty (30) days after the City's receipt and acceptance of the goods or completion and acceptance of the services. Payment periods will be computed from either the date of delivery of all goods ordered, the date of completion of all services, or the date of the City's receipt of a correct invoice, whichever of these dates is later. No payment shall be due prior to the City's receipt and acceptance of the items identified in the invoice thereof, The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed, The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be.required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thifi (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 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. WI. CLAIMS, If the Vendor disagrees with anything required by an amendment, another writLen 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, GOODS & SERVICES AGREEMENT - 3 (Over $20,000, including WSST) B. c. D E F At a minimum, a Vendor's written claim shall include the information set forth in subsections A, itemslthrough5below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLArM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLATM OR CAUSED BY THAT DELAY. A Notice of Claim. Provide a signed written notice of claim that provides the following information: The date of the Vendor's claim; The nature and circumstances that caused the claim; The provisions in this Agreement that support the claim; The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B.Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. Vendor's Dutv to Comolete 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. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). Failure to Follow ProgedHres 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. LIT{ITATION 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 APPUCABLE 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 GOODS & SERVICES AGREEMENT. 4 (Over $20,00O, including WSST) 1 2 3 4 5 C. D E, 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 clalms, 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 iNSUMNCE, 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 paft, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part, The provisions of this section shall suwive 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. XIIL 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 rnaterials, 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. GOODS & SERVICES AGREEMENT - 5 (Over $20,A00, including WSST) CLIFq"TIs ElLlJE LIFIE Exhibit A Kent Police Department ELTFITI=T E LUE LIF|E Law Enforcement Sales Professional 6507 S. 208th Street, Kent, WA 98032 (2s3) 566-2686 Bob ldle, Sales Manager 9364 West Franklin Road, Boise, lD 83709 (208) 377-s418 bidle@curtisblueline.com 11570 SW Tiedman Ave., Tigard, OR (503) 6s5-0353 (206)7e9-09s7 3050 West California Ave., Salt Lake Citv, UT (801) 778-8834 Mike Gurertin, Kent Store Manager 5035 S. 33rd Street, Phoenix, AZ 85040 (602) s29-3800 mquertin@eu rtisblueline.oom (206) s96-7906 (office) (2s3) 236-2972 (fax) Q'T-Y'''Price 8567 {04) BLAUER CLASS B PANT -Wool blend 6 pocket Class Act Pant, Hemmed - NVY S sq.ss 844504 BLAUER CLASS B SS SHIRT - Short Sleeve Blauer Shirt, Patched & Sew Zipper w/ Buttons & name tape (3/4 x 3) - NVY S zo.gs 8436 BLAUER CLASS B LS SHIRT - Long Sleeve Blauer Shirt, Patched & Sew Zipper w/ Buttons & name tape (3/4 x 3) - NVY S s:.go 32260 (86) FLYCRSS CLASS A PANT - LAPD Navy Legend 55/45 Polywool Pant, Hemmed - NVY s 1l1.es 48W39 (86)FLYCRSS CLASS A SHIRT - LAPD Navy Long Sleeve Deluxe Tactical PolylRayon/Lycra with patches & Sew Zipper w/ Buttons - NVY 5 oa,ss 8472l}4l BLAUER AMORSKIN S/S- Short Sleeve Wool Blend Streetshirt, badge, patched and narne tape (3/4 x 3) included - NVY S ss.gs 8471 BLAUER AMORSKIN L/S - Long Sleeve Wool Blend Streetshirt, badge, patched and name tape (3/4 x 3) included - NVY S oz.gs 71490181 511 TAC LAR Charcoal Perf Polo Shirt, 5S $ 37.es 4501561R SAM BRM TIE - 3x18 Ree Dk Nvv Polv Clip On Tie w/ Button Holes S q.qt 59552019 511 TAC BELT (TDU 1.75 in) - BLK 5 Mls ALTERATION CHARGE - Hemmins Shirts Sz.oo ALTERATION CHARGE - Tapering Shirts S z.oo KENTPD-SPOINT HAT LAPD NAVY 8 POINT CLASS A HAT - SPECIFY GOLD OR SLIVER EXPANSION BAND & "P'' BUTTONS S s2.es 475CC-BK NEESE 8 POINT CAP COVER. BLACK S z,so Unlforms - Acaderny 3 74280-724-M-R 511 TACTICAL ACADEMY PANT - DK NVY Poly/Cotton Ripstop Taclite TDU Pant S +r.gs 2 5T62 RED KAP ACADEMY S/S SHIRT - Red Kap 5T62 S/S - DK NVY includes permacreases and patched $ zs.gs 2 12574711001R UNDER ARM ACADEMY L/S SHIRT - UA Heatgear Armour Compression 5hirt, LlS, White S z:.gs EffilGmilln Prices subject to change, refer to current Quote Thank you for the opportunity to serve you C. Resolution of Pisoutes and Governing Law. This Agreement shall be gove,rned 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 pafties' 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 pafties' performance of this Agreement, each parly 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 shatl 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 ceftified 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' Assionment. 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 Aoreement. 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 forrning a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Conloliance yyith Laws. The Vendor agrees to compty 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 Re@rds Act. The Vendor acknowledges that the City is a publlc 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 pefformance 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. Citv Business Ligense Reouired. 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. Counterqarts and Sionatures bv Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either pafty 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 GOODS & SERVICES AGREEMENT - 6 (Over $20,00O, including WSST) to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: By: Print Name (title) DATE: CITY OF KENT: By Print Name. t,,-iitJx"'? uttnn Pa\?t\ DATE NOTICES TO BE SENT TO: VENDOR: Bob ldle, Sales Manager LN Curtis and Sons 6507 S. 208th Street Kent, WA 98032 (253) 566-2686 (telephone) (253) 236-2972 (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Sara Wood, Research & Development Analyst City of Kent Police Department 220 Fourth Avenue South Kent, WA 98032 (253) 856-5856 (telephone) (253) 856-6800 (facsimile) APPROVED AS TO FORM: Kent Law Department P4ivi*-rk'hfi b4lllJt\M6.rloltd Odn ctud{ENlt.Tlw bi!is.ON,&: GOODS & SERVICES AGREEMENT - 7 (Over $20,000, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2, 2 During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 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. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By / For:/.il t ol'/f,"r,la, /-l*/, ,f/ua /,ue Title:/,n 3 4 5 ott Date:K EEO COMPLIANCE DOCUMENTS - 1 of 3 CITV OF KENT ADMINISTRATIVE POLICY NUMBER: T.2 EFFECTIVE DATE: January 1, 1998 SUBJECT:MINORITY AND WOMEN CONTRACTORS SUPERSEDES: April 1, 1996 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, musttake the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal oppoftunity 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 egual employment oppodunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines EEO COMPLTANCE DOCUMENTS . 2 of 3 CITY OF KENT EQUAL EMPLOVMENT OPPORTUNITY COMPTIANCE STATEMENT This form shall be filled out AFTER COMPTETION of this project by the Contractor awarded the Agreement. I,theundersigned,adulyrepresentedagentof Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on rh a (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirernents 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 EEO COMPLIANCE DOCUMENTS - 3 of 3 3 PC54-W-srZE wH rrE corrcffptrglt Rnnsrsnlt hdtmmrliq-tqsr NAM E H EAp R Ess E D FRONT/BACK W2' BLACK LETTERS S ro.ss 2 PC78-N-SIZE NAVY FLEECE CTASSIC CREWNECK SWEATSHIRT- WITH RECRUIT'S LAST NAME HEAPRESSED FRONT/BACK W2- WHITE LETTERS S zr.ss 2 sT310 -TN-StZE NAVY JERSEY KNIT SHORT WITH POCKETS s 11.ee 1 PC78P-N-StZE NAVY FLEECE CLASSIC SWEATPANT WITH POCKETS 5 ts.tz 882221L BLAUER SOU PANT - Stretch Nylon Bike Pant (Size 5 46)$ ag.gg 882227T BLAUER SOU PANT - Stretch Nylon Bike Pant (Sizeg48)5 gs.sg FECH WX4OOO SOU POLO - BLA Vertx SS Polo Shirt-BLK (SM thru XL), badge, patched, RF POLICE (4x11) and name tape $/ x3I 562.ss FECH WX4OOO SOU POLO - BLA Vertx SS Polo Shirt-BLK {2XL}, badge, patched, RF POLICE (4x11) and name tape F/ x 3l s67.5s FECH WX OOO sou PoLo - BLA vertx 5s Polo shirt-BLK {3XL), badge, patched, RF POLTCE (4x11) and name tape (3/a x 3)ilz.zq FECH VTX4OOO SOU POLO - BLA Vertx SS Polo Shirt-BLK {4XL}, badge, patched, RF POLICE (4x11) and name tape {3/4 x 3)s76,e4 20w9s (86) FLYCRSS CLA55 A SHIRT WOOL - LAPD Navy LA Select 100% Wool Long Sleeve Shirt, Patched & Sew Zipper w/ Buttons $ aa.gs 3228s (86) FLYCRSS CLASS A PANT WOOL - LAPD Navy LA Select L00% Wool 6 Pocket Pant, Hemmed S gz.ss 4710 PEERLESS TOOC CHAIN LINK HANDCUFF - NICKEL S zq.az 4801. PEERLESS 8O1C HINGED HANDCUFF. NICKEL S sa.s+ 1017395 BtANCHT BLACK ACUMOLD NYLON ADJUSTABLE RADIO HOLDER S ze.zs to77736 BtANCHT BLACK ACUMOLD NYLON MK4 OC HOLDER 5 tz.ts 1016579 BtANCHt BLACK ACUMOLD NYLON DOUBLE CUFF CASE WHIDEN SNAP S zE.zs 1015848 BtANCHI BLACK ACUMOLD NYLON FLASHLIGHT RING S z.oe LOL79TT BIANCHI BLACK ACUMOLD NYLON FLAT GLOVE*POUCH (VELCRO CLOSURE)S r+.s+ 1018075 BTANCHI BLACK ACUMOLD NYLON BATON HOLDER S ra,s+ 1016578 B|ANCHI BLACK ACUMOLD NYLON KEY HOLDER S ls.es 1015918 BTANCHT BLACK NYLON GEAR KEEPER (PK OF 4)S ro.sz 52611 ASP 26'' BLACK EXPANDALBE BATON - FRICTION LOCK, FOAM GRIP S ar.so ZT21 ZAK TOOL ALLOY STEEL HANDCUFF KEY - POCKET S o.ts E.L.lFTTIgl ELUE LINE Exhibit A Kent Police Department EIJ3QTIs E|LUE LIF|E Prices subject to change, refer to current Quote Thank you for the opportunity to serve you S tt.tg1017916 B|ANCHt BLAcK ncunltffi mt&tn$qret&ifurrrtietcuFF cAsE S ro.ss1018050 BtANCHt BLACK ACUMOLD NYLON SINGLE CUFF CASE WHIDDEN SNAP S rg.rs10t6212 BTANCHT BLACK ACUMOLD NYLON FLAT PAGER/GLOVE& POUCH W/HtDDEN SNAP s 36.9s10L5105 B|ANCHT BLACK NYLON DUW BELT - SIZE 34''-40'' S zo.so1016365 BtANCHT BLACK NYLON BELT LINER - VELCRO - SIZE 40''-46'' S :r.ra350122 S&W SMITH & WESSON M&P 1OO LEVER LOCK - NICKEL S sz.zs3s0095 s&w SMITH & WESSON 3OO SLOT LOCK HINGED HANDCUFFS - NICKEL S rs.so1006579 SAFART 4X8 GENERAL TRAFFIC SHAPES FOR RECONSTRUCTING ACCIDENTS (2 PIECE} 1005700 SAFARI S rs,zsCRIME SCENE TEMPLATE SSA4sSLV SOMAR S zo.soFORM HOLDER - Silver 8 t/2" X 1.2 s26.s0RT5sLV SOMAR CITE HOLDER - 5x10 5/8"silver finish S g.ssNPl CWN Name Plate - Rhodium w/ Blue: 1st initial. Last Name 71.227 STRONG Clip on Badse Holder - Shield Shape includine chain S o.zs VCWA17 POCKET PRESS Washington Traffic Law Pocket Reference Book 5 s,sa CCWA17 POCKET PRESS Washington Criminal Law Pocket Reference Book S 8.s4 4472G HEROS PRIDE 3 Stars, 2 Posts & Clutch Backs, Pair s 8.9s 28010 DANNER DANNER BOOT {ANY BOOT UP TO S25O)S 134.9s 48001 (7241 s.11 TAC S 205.9s3.IN-1 PARKA - DRK NAVY - W/SHOULDER PATCHES, BADGES, (4X11 & 2X4} RF 343P.LXL-R BLAUER LRG/XLRG HI-VIS TRAFFIC VEST - POLICE LOGO FRONT/BACK . ZIP S 49.es 5.11 DETECTIVE JACKET - Black Sabre 2.0 Hidden Agenda iacket, badge and RF POLICE (E820 Front & E845 Back)48112-019-size VEST PANELS - Xtreme lllA 2.0 cut nels size at time of ord 638.00 204.95 SBA.XTO3-3A S tt.toSBA.MI-SAFARI INTERNAL CARRIER COVER- M1 concealable carrier, navy blue 1001665 THREAT PLATE - 7r'x 9" lmpac HT Special Handgun Threat Plate 5 8s.oo L001628 THREAT PLATE - 5"x 8" lmpac HT Special Handgun Threat Plate S zs.oo DN6501 EXTERNAL CARRIER BOTHELL- Bothell ll Navy Blue external armor carrier with velcro name tape (1x5 BLK/SIL Letters) & velcro RF POLICE (front & back )S 203.9s SBA-U1- FRONT EXTERNAL NO LOAD SHIRT - U-1 Uniform Shirt style external armor carrier {2.0 cut only) Front Open with name tape (3/4 x 3) - DK NVY $ 169.95 5 gq.gs8470 BLAUER EXTERNAL NO LOAD ARMORSKIN- Navy Blue Armorskin ExternalVest Carrier with name tape (3/4 x 3)- DK NVY S 6es.ooABA-XTO3-3A INTERNAL VEST lll- Xtreme XT03 Legacy Cut lllA Xtreme Carrier & STP - DK NVY 5 sss.ooABA-XTO3-II INTERNAL VEST ll- Xtreme XT03 Legacy Cut ll Xtreme Carrier & STP - DK NVYr EIJFITI=' EILIJE LIhtE Exhibit A Kent Police Department EIJFlTI=I ELI,E LINE Prices subject to change, refer to current Quote Thank you for the opportunity to serve you 520030-c bre Red 1.33% MC 4.4 oz Cone MK-4 OC 13.95 Shippins Subtotal Sales Tax Employee Signature Total Phone E-Mail Approval Date rl^ /r-.-g. SPECIFY ANY ADDITIONAT INFORMATION BE tow; clJFlTl:5 EILLIE LII\IE Exhibit A Kent Police Department EIJETTI=t E LIJE LINE Prices subject to change, refer to current Quote Thank you for the opportunity to serve you Ph:206-622-2875 TF:80G426-6633 Fax:,253-236-2997 suooortroCurlisBlueLine.com OUNS#: 00-922-416s CUSTOMER: Kent Police Department 220 4Th Ave South KentWA 98032 REQUlStTlOll,l{O. UNIT EA CURTIE'Norlhwest Division 6507 S.208th Sl. Kent, WA. 98032 www CU RTI SBLU ELlNE.com Quotation No.61082 SHIP TO: Kent Police Departrnent Debra Douglas 400 \ rbst Gowe Street Suite 122 Kent WA 98032 E}LUE LINE QIJOTANON HO. 61082 EALESPERSOI{ Bob ldle bidte@curtisblueline-com 206-799-0957 lERr/r8 Net 30 Quotation I8sUED'DATS 05t17t2017 EXPIRANOil PATE 12t31t2017 CUSTOIIERSERIIICE REP Kristina Adams kadams@curtisblueline.com 253-566-2686 OFFER CTI$SREQUESTING,PARTf Debbie Douglas PAflT,ilUtiBER 8879 BLACKINTON eusTot ER.ilo. c4802 LE SP F;OB.SHIPVIA Best \Alay BEQ. DEI.IVERY DAtrE iloTES &,O|SCI.aIUERS . THANK YOU FOR THIS OPPORTUNIry TO QUOTE. WE ARE PLEASED TO OFFER REOUESTED ITEMS AS FOLLOWS, IF YOU] HAVE ANY QUESTIONS, NEED ADDITIONAL INFORMATION, ORWOULD LIKE TO PLACE AN ORDER, PLEASE CONTACT ] YOUR SALESPERSON OR CUSTOMER SERVICE REP AS NOTED ABOVE. 1 DESCRtFAOII STANOARD BADGE PER BELOW Flat badge. Rho-Glo badge Roman Blue HE lettering with clip back (F116). sheltshape, title breast, flat per below: Line one to read: POLICE OFFICER Line two to read: KENT Center: A7459 Great seal of Washington State - Dark blue rim - Light blue background - Plain George Line three to read: POLICE UI{IT PRICE $98.95 TOTALPRICE $98.95 Page 1 of9 Ph:206-622-2875 TF:80&42&6633 Fax:25$236-2997 suoport(PCurtisBlueLine.com DUNS#: 00-9224163 EURTI=i Northwest Division 6507 S.208th St. Kent, WA.98032 www.CURTISBLUELlNE.com Ouotation No.61082 2 3 4 1 EA 8879 BLACKINTON STANDARD BADGE PER BELOW Shirt Badge. UIIIT RARI T{UII'EER 82954 BLACKINTON BLUE LINE DESCRIPTIOH HAT BADGE, AS BELOW: Hat badge. Rho-Glo badge Roman Blue HE lettering with screw back (F105). Solid, Panel M eagle, OvaF3 per below: Line one to read: POLICE OFFICER Line two to read: KENT Center: A7459 Great seal of Washington State - Dark blue rim - Light blue background - Plain George Line three to read: POLICE Rho-Glo badge Roman Blue HE lettering with safety pin back (F36). Shell, litle breast, Ovat-1 per below: Line one to read: POLICE OFFICER Line two to read: KENT Center: 47459 Great seal of Washington State - Dark blue rim - Light btue background - Plain George Line three to read: POLICE Rho-Glo badge Roman Blue HE lettering with clip back (F116). Shell, titte breast, Oval-1 per below: Line one to read: DETECTIVE Line two to read: KENT Center: 47459 Great seal of Washington State - Dark biue rim - Light blue background - Plain George Line three to read: POLICE UIIIT.PEIGE $98.95 $98.95 $98.95 TSIAL PRICE $98.95 $98.95 $98.95EA 8879 BLACKINTON STANDARD BADGE PER BELOW Flat badge. Page 2 of I Ph:2O6-622-2875 TF:800-426-6633 Fax:253-238-2957 supoort@CurtisBlueLine- com DUNS#: 00-9224163 CURTIS Northwest Division 6507 S.208th St. Kent, WA.98032 www.CtJRTISBLUELINE.com Quotation No.61082 5 ut{tT PARTiTUilBER DESCruPno}t BLUE LINE HAT BADGE, AS BELOW: Hat badge. Rho-Glo badge Roman Blue HE lettering with screw back (F105). Solid, Panel W Eagle, Oval-3 per below: Line one to read: DETECTIVE Line two to read; KENT Center: 47459 Great seal of Washington State - Dark blue rim - Light blue background - Plain George Line three to read: POLICE Rho-Glo badge Roman Blue HE lettering with sabty pin back (F36). Shell, Title Breast, Oval-1 per below: Line one to read: DETECTIVE Line two to read: KENT Center: A7459 Great seal of Washington State - Dark blue rim - Light blue background - Plain George Line three to read: POLICE Rho-Glo badge Roman Blue HE lettering with wallet clip (F116). Shell, Title breast, Flat per below: Line one to read: DETECTIVE Line two to read: KENT Center: A7459 Great seal of Washington State - Dark blue rim - Light blue background - Plain George Line three to read: RETIRED UT{IT PRICE QOn o4 TOTAL PRICE $98.9582954 BLACKINTON 6 7 EA 8879 BLACKINTON STANDARD BADGE PER BELOW Shirt Badge. $9e.95 $98.9s $98.9s $98.9sEA 8879 BLACKINTON STANDARD BADGE PER BELOW Page 3 of 9 Ph:.206-622-2875 TF:800{2&6633 Fax: 253-236-2997 suooort(ACurtisBlueLine.com DUNS#: 00-922-41 63 Lil QTT CUFlTIS Northwest Division 6507 S.208rh Sr Kent, WA.98032 www.CURTlSBLUELlNE.com Quotation No.61082BLUE LINE oEgcilPnoH STANDARD BADGE PER BELOW Two tone badge, silver badge (rhoglo), gold panels (hi-glo), Roman Blue HE lettering with clip back (F116). Shell, Titte Breast, Flat per below: Line one to read: SERGEANT Line two to read: KENT Center: 47459 Great seal of Washington State - Dark blue rim - Light blue background - Plain George Line three to readr POLICE Bottom line: design punch #15 (chevron) HAT BADGE, AS BELOW: Two tone badge, silver badge (rho{lo}, gold panels (hi-glo), Roman Blue HE lettering with screw bac* (F105). Solid,Panel w/ Eagle, Oval-3 per below: Line one to read: SERGEANT Line two lo read; KENT Center: 47459 Great seal of Washington Stiate - Dark blue rim - Light blue background - Plain George Line three to read: POLICE Bottom line: design punch #15 (chevron) Two tone badge, silver badge (rho{lo), gold panels (higlo), Roman Blue HE lettering with SafeV Pin back (F36). Shell, Title Breast, OVal-l per below: Line one to read: SERGEANT Line two to read: KENT Center: 47459 Great seal of Washington State - Dark blue rim - Light blue background - Plain George Line three to read: POLICE Bottom line: design punch #15 (chevron) $98.e5 $98.95 $98.S5 $98.95 uilrT EA FARTITIUMBER 8879 BLACKINTON 82954 BLACKINTON UNITPRICE $98.9581 91 10 1 EA 8879 BLACKINTON STANDARD BADGE PER BELOW Page 4 of I Ph 2Q6-622-2875 TF:800-42&6633 Fax: 253'236-2997 supoortftDCurtisBlueLine.com DUNS#: 00-922-4163 11 ul$T EA CURTI='Norlhwest Division 6507 S.208rh St. Kenl, WA.98032 www. CURTISBLUELI NE, com Quolation No.61082BLUE LINE STANDARD BADGE PER BELOW HI-GLO Gotd badge, Roman Blue HE lettering with clip back (F116). Shell, Title Breast, Flat per betow: Line one to read: COMMANDER Line two to read: KENT Center: 47459 Great seal of Washington State - Dark blue rim - Light blue background - Plain George Line three to read: POLICE Boftom line: design punch #8 (stafl HAT BADGE. AS BELOW: HI-GLO Gold badge, Roman Blue HE lettering with screw back (F't05). Solid, Panel w/Eagle, Oval-3 per below: Line one to read: COMMANDER Line two to read: KENT Center: A7459 Great seal of Washinglon State - Dark blue rim - Light blue background - Plain George Line three to read: POLICE Bottom line: design punch #8 (star) Hi-GLO Gold badge, Roman Blue HE lettering with safery pin back (F36). Shell, Title Breast, Oval-l per below: Line one to read. COMMANDER Line two to read: KENT Center; 47459 Great seal of Washington State - Dark blue rim - Light blue background - Plain George Line three to read; POLICE Bottom line: design punch #8 (star) PARTilUMBEB 8879 BLACKINTON 82954 BLACKINTON UilA.PRICE $98.95 $98.95 $98.e5 TOTAT-pRrC€ $98.95 $98.95 $98.95 12 1 13 1 EA 8879 BLACKINTON STANDARD BADGE PER BELOW Page 5 of I Ph:206622-2875 TF:800-426-6633 Fax:253-236-2997 supporl4DCurtisBlueLine-com DUNS#: 00-9224163 CURTI=i Northwest Division 6507 S.208th St. Kent, WA.98032 www. C U RTI SBLUELI NE.com Quotation No.61082 Lfi 14 8Tr 1 UMT EA PART}IUIIBER 8879 BLACKINTON E|LUE LINE OEECRIPTTON STANDARD BADGE PER BELOW H|-GLO Gold badge, Roman Blue HE lettering with wallet clip (F 1 1 6). Shell, Titte breast, Flat per below: Line one to read; COMMANDER Line two to read: KENT Center: A7459 Great seal of Washington State - Dark blue rim - Light blue background - Plain George Line three to read; POLICE Boftom line: RETIRED H|-GLO Gold badge, Roman Blue HE leftering with clip back (F1 ,l6). Shell, Title Breast, Flat per below: Line one to read: ASSISTANT CHIEF Line two to read: KENT Center: A7459 Great seal of Washington State - Dark blue rim - Light blue background - Plain George Line three to read: POLICE Bottom line: two of design punch #8 (two stars) HAT BADGE, AS BELOW: H|-GLO Gold badge, Roman Blue HE lettering with screw back(F105). Solid, Panel w/Eagle, Oval-3 perr below: Line one to read: ASSISTANT CHIEF Line two to read: KENT Center: 47459 Great seal of Washington State - Dark blue rim - Light blue background - Plain George Line three to read: POLICE Boftom line: two of design punch #8 (two stars) UI.IIT'PRICE $98.95 $98.95 $98.95 TOTALPRIGE $98,95 $98.95 $98.95 15 1 16 1 EA 8879 BLACKINTON STANDARD BADGE PER BELOW B2954 BLACKINTON Page 6 ol 9 Ph:2A6-622-2875 TF:800-426-6633 Fax: 253-236-2997 supoorttaCurtisBlueLine.com DUNS#: 00-922-4163 EURTIS Northwest Division 6507 S.208th St. lGnt, WA.98032 www.C URTISBLUELI NE.com Quotation No.61082 QTY 1 ut{lT EA FART T{UIUSER 8879 BLACKINTON tsLUE LINS OESCRIPTION STANDARD BADGE PER BELOW H|-GLO Gold badge, Rornan Blue HE tettering with safety pin back (F36). Shell, Title Breast, Oval-1 perbelow: Line one to read: ASSISTANT CHIEF Line two to read: KENT Center: A7459 Great seal of Washington State - Dark blue rim - Light blue background - Plain George Line three to read: POLICE Bottom line: two of design punch #8 (two stars) H|-GLO Gold badge, Roman Blue HE lettering with wallet clip (F116). Shell, Title Breast, Flat per below: Line one to read: ASSISTANT CHIEF Line two to read: KENT Center: 47459 Great seal of Washington State - Dark blue rim - Light blue background - Plain George Line three to read: POLICE Bottom line to read; RETIRED Hi-GLO Gold badge, Roman Blue HE lettering with clip back (F116). Shell, Title Breast, Flat per below: Line one to read: CHIEF Line two to read: KENT Center: 47459 Great seat of Washington State - Dark btue rim - Light blue background - Plain George Line three to read: POLICE Bottom line: three of design punch #8 (three stars) UNITPRICE $98.95 TSIAL PRIGE $98.9517 '18 EA 8879 BLACKINTON STANDARD BADGE PER BELOW 19 1 EA 8879 BLACKINTON STANDARD BADGE PER BELOW $98.95 $98.95 $98.95 $98.95 Page 7 of I Ph:20&622-2875 TF:800-42S6633 Fax: 253-236-2997 suoport@CurlisBlueLine.com DUNS#: 00-9224163 CURTIS Northwest Division 6507 S.208th St. Kent, WA. 98032 www.CURTISBLU ELI NE.com Ouolation No.61082 UNI:T.P$IICE TSTAL PRICS $98.95$98.95 $98.95 $98.95 $98.95 $98.95 E|LUE LINE Lil 2A QW UHIT PART }IUIIBER OEiCRIPYJOT{ 82954 BLACKINTON HAT BADGE, AS BELOW: 21 EA 8879 BLACKINTON STANDARD BADGE PER BELOW Hi-GLO Gold badge, Roman Blue HE lettering with screw back (F105). Solid, Panels w/Eagle, Oval-3 per beloil: Line one to read: CHIEF Line two to read: KENT Center: A7459 Great seal of Washington State - Dark blue rim - Light btue background - Ptain George Line three to read: POLICE Bottom line: three of design punch #8 (three stars) HI-GLO Gold badge, Roman Blue HE lettering with sabty pin back (F36). Shell, Title Breast, Ovat-1 per below: Line one to read: CHIEF Line two to read: KENT Center: 47459 Great seal of Washington State - Dark blue rim - Light blue background - Plain George Line three to read; POLICE Bottom line: three of design punch #8 (three stars) H|-GLO Gold badge, Roman Blue HE lettering with wallet clip (F116). Shell, Title Breast, Flat per below: Line one to read: CHIEF Line two to read: KENT Center: 47459 Great seal of Washington State - Dark blue rim - Light blue background - Plain George Line three to read: POLICE Bottom line: RETIRED 22 1 EA 8879 BLACKINTON STANDARD BADGE PER BETOW Page 8 of 9 Ph:205622-2875 TF:80G426-6633 Fax: 253-236-2997 suooort(ACurlisBlueLine.com DUNS#: 00-922-4163 CURTIS Northwest Division 6507 S.208th St. tGnt, WA.98032 www.CURTISBLUELINE.COM Quotation No.61082 Uf{IT EA 8879 BLACKINTON STANDARD BADGE PER BELOW OTY PABT.ilUMBER DFSCRIPTIOT{: EILUE LINE Rho-Glo badge Roman Blue HE lettering with clip back (F1'16). Shell, Title Breast, Flat per below: Line one to read: POLICE OFFICER Line two to read: KENT Center: 47459 Great seal of Washington State - Dark blue rim - Light blue background - Plain George Line three to read: POLICE Bottom line: RETIRED UNIT.PRICE $98.95 '1OJAL PRICE $98.95 24 1 EA 8879 BLACKINTON STANDARD BADGE PER BELOW $98.9s $98.95 $2,374.80 $237.48 $0.00 Two lone badge, silver badge (rho-glo), gold panels(hi-glo), Roman Blue HE lettering with clip back (F116). Shell, Title Breast, Flat per below: Line one to read: SERGEANT Line two to read: KENT Center: A7459 Great seal of Washington State - Dark blue rim - Light blue background - Plain George Line three to read: POLICE Boftom line: RETIRED SMALL BUSINESS CAGE CODE:5E720 DUNS NUMBER:009224163 SIC CODE:5099 FEDERAL TAX lD: 94-1214350 THIS PRICING REMAINS FIRM UNTIL 1213112017 , CONTACT US FOR UPDATED PRICING AFTER THIS DATE. Subtotal TaxTotal Transportation* *(to be added when order ships) Total Page 9 of 9 $2;612.28 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 Liabilitv 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 Liabilitv 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'Comoensation 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 Certifigategf InsuLAnce. 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 tiability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VIL 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. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDTYYYY) 02t02t2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TH|S CERTIFTCATE OF INSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE TSSUTNG TNSURER(S), AUTHORTZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. lf SUBROGATION lS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MARSH RISK & INSURANCE SERVICES 345 CALIFORNIA STREET, SUITE 13OO CALIFORNIA LICENSE NO, 0437,153 SAN FMNCISCO, CA 94104 Attn: sanfrancisco.certs@marsh.com; Fax: 21 2-948-0398 1 00377-STND-GAWU-1 7-1 I PHONE FAX lA/C. Nol: INSURER(S) AFFORDING COVERAGE NAIC # tNSURERA ; Federal lnsurance Company 20281 INSURED L, N, Curtis & Sons, lnc, Attn: John Viboch, CFO 1800 Peralta Street oakland, CA 94607-1603 rNsuRER B : Great Northern lnsurance ComOanv 20303 INSURER C : INSURER D : INSURER E : INSIJRER F: COVERAGES CERTIFICATE NUMBER:sEA-003530843-01 N MBER: 3 THIS IS TO CERTIFY THAT THE POLICIES OF INSUMNCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTMCT OR OTHER DOCUMENT WTH RESPECT TO \^/I-IICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRtTp TYPE OF INSURANCE tNsn WN POLICY NUMBER POLIGY EFF IMM/DD/YYYYI POLIGY EXP IMM/DD/YYVYI LIMITS EACH OCCURRENCE 1,000,000$ UAMAGT IOIiTNIETJ PRFMIqFq /Fr d..r 'rran.a\1,000,000$ MED EXP fAnv one Derson)10,000s PERSONAL & ADV INJURY 1,000,000$ GENERAL AGGREGATE 2,000,000$ PRODUCTS - COIVIP/OP AGG 2,000,000$ A COMMERCIAL GENERAL LIABILITY GEN'L AGGREGATE LIMIT APPLIES PER: X X X PRO.JECT L I X $O DEDUCTIBLE (SIR) X POLICY LOC CLAI|\ilS-l\rADE OCCUR 36023726 04t01t2017 04Mt2018 PER PROJECT AGG $5,000,000 1,000,000$ BODILY INJURY (Per person)$ BODILY INJURY (Per accident)$ PI.(OPIIt I Y IJAMAGE lPer rccident\$ B AI,JTOMOBILE LIABILITY ANY AUTO OVVNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS ONLY AUTOS NON.OWNEDXX X /3bE3643 o4to1t2011 04t01t2018 COII/P/COLL DEDS:1,000$ EACH OCCURRENCE !UMBRELLA LIAB EXCESS LIAB OCCUR CLAIIVIS.MADE AGGREGATE $ DED RETENTION $$ X PERqTATIITtr UIH- trR E L. EACH ACCIDENT 1,000,000$ E.L. DISEASE - EA EMPLOYEE 1,000,000$ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY N YTN N/A 71737666 04101t2011 04t0'U2018 E L DISEASE - POLICY LIIUIT 1,000,000$ DESCRIPTION OF OPERATIONS / LOCATIONS r VEHICLES (ACORD 101, Addilional Remarks Sch€dule, may be attached if more space is requircd) arising out of the operations of the named insured and where required by written contract, ACORD 25 (2016/03) RCERTIFICATE H CANCELLATION @ 1988-2016 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.220 Fourth Avenue South Kent, WA 98032 I City of Kent Police Department AUTHORIZED REPRESENTATIVE of Mareh Risk & lnsurance Seruices -6.-i-{=---a-x+Kirsten Thomson COMMERCIAL AUTOMOBILE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERGIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the foilowing: BUSINES$ AUTO COVERAGE FORM This endorsement modifies the Business Auto Coverage Form.1. EXTENDED CANCELLATION CONDITION Paragraph 4.2.b. - CANCELLATION - of the COMMON POLICY CONDITION$ form tL 0012 is deleted and replaced with the following:b. 60 days before the effective date of cancelJation if we cancel for any other reason,2. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations As Insureds The Named lnsured shown in lhe Declarations is amended to include: 1. Any legally ancorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named lnsured does not include any subsidiary lhat is an 'insured' under any other automobile policy or would be an "insured" under such a policy but for its termination or lhe exhaustion of its Limit of lnsuranca. 2. Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named lnsured does not include any newly formed or acquired organization: (a) That is an .insured" under any other automobile policy; {b} That has exhausted its Limit of lnsurance under any other policy; or (c) 180 days or more after its acquisition or formation by you, unless you have given us written notice of the acquisition or formation. Coverage doas not apply to 'bodily injury" or 'property damage" that results from an -accident" that occurred before you formed or acquired the organization. B. Employees as lnsureds Faragraph A.1. - WHO l$ AN INSURED - of SECTION ll- LIABILITY COVERAGE is amended to add the following: d. Any -employee' of yours while using a covered -auto' you don't own, hire or borow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1. -WHO l$ AN TNSURED -of SECTION ll - LIABILITY COVERAGE is amended to add the foltowing:e. The lessor of a covered .auto" while the "auto' is leased to you under a wriften agreement af: (1) The agreement requires you to provide direct prirnary insurance for the lessoq and (2) The'auto'is leased without a driver. Such leased'auto" willbe considered a covered "auto" you own and not a covered.aulo" you hire. However, the lessor is an "insured'only for "bodily injury' or "property damage" resulting from the acts or omissions by:1. you; 2. Any of your "employees' or agents; or 3. Any person, except the lessor or any "employee' or agent of the lessor, operating an "auto" with the permission of any of 1. and/or 2. above, D. Persons And Organizations As lnsureds Under A Written lnsured Gontract Paragraph 4,1 -WHO lS AN INSURED -of SECTION II _ LTABILITY COVEMGE is amended to add lhe following:f. Any person or organization with respect to the operation, maintenance or use of a covered *auto", provided that you and such person or organization have agreed under an express provision in a written "insufed contract', written agreement or a wriften permit issued to you by a governmental or public authority to add such person or organization to this policy as an linsured". However, such person or organization is an uinsured" only: Form: 16-02-.A292 (Rev. 11-16) page 1 of S "lncludes copyrighted rnaterial of lnsurance Services Office, lnc- with its fiermission" (1) with respecl to the operation, maintenance or use of a covered "auto"; and (21 for "bodily injury" or.property damage" caused by an "accident" which takes place after: (a) You executed the.jnsured contract" or written agreement; or (b) The permit has been issued to 3. FELLoWEMPLoYJEToVERAGE EXCLUSION 8.5. - FELLOW EMPLOyEE -ofSECTION ll- LIABILITY COVERAGE does nor appty.4. PHYSICAL DAMAGE.ADDITIOIIAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A,4.a. - TRANSPORTATION EXPENSES - of SECTION lll - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day for temporary transportation expense, subject to a maximum lirnit of $1,000.5. AUTO LOAN/LEASE GAP COVERAGE Paragraph A, 4. - COVERAGE EXTEN$|ONS - of SECTION lll - PHYSICAL DAMAGE COVEMGE is amended to add lhe foflowing: c. Unpaid Loan or Lease Amounts ln the event of a total .loss'io a covered'auto", we will pay any unpaid amount due on the loan or lease for a covered "auto'minus: 1. The amount paid under the Physical Damage Coverage Section of the policy; and2. Any:a. Overdue loanilease payments at the time of the'loss': b. Financial penalties imposed under a lease for excessive use, abnormal wear and lear or high miteage;c. $ecurity deposits not returnEd by the lessor:d. Costs for extended warranties, Credit Life lnsurance, Health, Accident or Disability lnsurance purchased with the loan or lease; ande. Carryover balances from previous loans or leases. We will pay for any unpaid amount due on the loan or lease if caused by;1. Other than Collision Coverage only if the Declarations indicate that Comprehensive Coverage is provided for any covered 'auto.;2. $pecified Causeg of Loss Coverage only if lhe Oeclarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto"; or 3. Collision Coverage only il the Declarations indicate that Collision Coverage is provided for any covered .auto. 6. RENTALAGENCYEXPENSE Paragraph A. 4, -COVERAGE EXTENSIONS - of SECTION III- PHYSICAL DAMAGE COVERAGE is amended to add the following: d. Rental Expense We will pay the lollowing expenses that you or any of your 'employees" are legally obligated lo pay because of a written contract or agreement entered into for use of a rental vehicle in the conduct of your business: MAXIMUM WE WILL PAY FOR ANY ONE CONTRACT OR AGREEMENT:1. $2,500 for loss of income incurred by the rental agency during the period of tirne that vehicle is out of use because of actual damage to, or'loss" of, that vehicle, including income losl due to absence of that vehicle lor use as a replacement;2, $2,500 for decrease in trade-in value of the rental vehicle because of actual damage to that vehicle arising out of a covered "loss"; and3. $2,500 for administrative expenses incurred by the rental agency, as stated in lhe contract 0r agreement.4. $7,500 maximum total amount for paragraphs 1., 2. and 3. combined.T. EXTRA EXPENSE-BROADENED COVERAGE Paragraph 4.4. - COVERAGE EXTENSTONS - of SECTION III- PHYSICAL DAMAGE COVERAGE is amended to add the following:e. Recovery Expense We will pay for the expense of returning a stolen covered .auto" io you. 8. AIRBAG COVERAGE Faragraph 8.3.a. - EXCLUSIONS -of SECTIONlll- PHYSICAL DAMAGE COVERAGE does not apply to the accidental or unintended discharge of an airbag. Coverage is excess over any other collectible insurance or warranty specifically designed to provide this coverage. 9, AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT - BROADENED COVERAGE Paragraph C.1.b. * LIMIT OF TNSURANCE - of SECTION lll- PHYSICAL DAMAGE is deteted and replaced with the following: b. $2,000 is the most we will pay for "loss" in any one "accidenf'to all electronic equipment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss,', is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; {2) Removable from a permanenily installed housing unit as described in Paragraph 2,a. above or is an integral part of ihat equipment; or (3) An integral part of such equipment. 10. GLASS REPAIR -IflAIVER OF DEDUCTIBLE Form: 16-02-0292 (Rev. 11-16) page 2 of 3 "lncludes copyrighted material of lnsurance Services Office, lnc. with its permission" Under Faragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE the following is added: No deductible applies to glass damage if lhe glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Paragraph D.- DEDUCTIBLE - of SECTION ill - PHYSICAL DAMAGE GOVERAGE is amended to add the following: lf this Coverage Form and any other Coverage Form or policy issued to you by us that is not an automobile policy or Coverage Form applies to the same "accident", the following applies:1. lf the deductible under this Business Auto Coverage Form is the smaller (or smaltest) deduclible, it will be waived; or2. lf the deductible under this Business Auto Coverage Form is not the small€r (or smallest) deductible, it will be reduced by the arnount of lhe smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDEi.IT, CLAIM, SUIT OR LOSS Paragraph A.2.a. - DUTIES lN THE EVENT OF AN ACCIDENT, Cl-AlM, SUIT OR LO$S of SECTION lV - EUSINESS AUTO CONDITIONS is deleted and replaced with the following:a. ln the event of *accident", claim, "suit" or 'loss", you rnust promptly notifir us when the 'accident'is known to: (1) You oryourauthorized representative, if you are an individual; (2) A partner, or any authorized representative, if you are a partnership; (3) A member, if you are a limtted tiability company; or (4) An executive officer, insurance manager, or authorized represenlative, if you are an organization other than a partnership or limited liability company. Knowledge of an'accident", claim, 'suit" or "loss' by other persons does not imply that the persons listed above have such knowledge_ Notice to us should include: (1) How, when and where the'accident" or "loss" occurred; (2) The'insured's" name and address; and (3) To the extent possible, the names and addresses of any injured pErsons or witnesses. {3. WAIVER OF SUBROGATION Paragraph A.5. - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS To U$ of SECTION lV - BUSINESS AUTO CONDITIONS is deleted and replaced with the following:5. We will waive the right of recovery we would otherwise have against another person or organization for uJoss" to which this insurance applies, provided the "insured" has waived their rights of recovery against such person or organization under a contract or agreement that is entered into before such'loss'. To the extent thal the "insured's' rights lo recover damages for all or parl of any payment made under this insurance has not been waived, lhose rights are transferred to us. That person or organization must do everything necessary lo secure our rights and must do nothing after'accident'or "loss'to impair them. At our request, the insured will bring suit or transfer lhose righls to us and help us enforce them. 14. UNINTENTIONAL FAILURE TO DISCLOSE HAZARD$ Paragraph 8.2. - CONCEALMENT, MISREPRESENTATION or FMUD of SECTION lV - BUSINESS AUTO CONDTTTONS - is deteted and replaced with the following: lf you unintentionally fall to dlsclose any hazards existing at the inception date ol your policy, we will not void coverage under this Coverage Form hecause of such failure. 15. AUTO$ RENTED BY EMPLOYEES Paragraph 8,5, - OTHER INSURANCE of SECTION IV- BUSINESS AUTO CONDITIONS . is amended to add the following:e. Any "auto' hired or rented by your.employee" on your behalf and at your direction will be considered an "auto" you hire. lf an 'employee's' personal insurance also applies on an excess basis to a covered "auto" hired or rented by your'employee'on your behalf and at your direction, this insurance will be primary to the'employee's' personal insurance. 16. HIRED AUTO.COVERAGE TERRITORY Paragraph 8,7.b.{5). - POLTCY PERIOD, COVERAGE TERRITORY of SECTION IV. BUSINESS AUTO CONDITIONS is detered and replaced with the following: (5) A covered 'auto" of the private pa$senger type is leased, hired, rented or bonowed wiihout a driver for a period of 45 days or less;and 17. RESULTANT MENTAL ANGUISH COVERAGE Paragraph C. of - SECTION V - DEF|NITION$ is deleted and replacEd by the following: "Bodily injury' means bodily injury, sickness or disease suslained by any person, including mental anguish or death as a result of the 'bodily injury" sustained by that person. Forrn: 16-02-A292 (Rev. 11-16) page 3 of i "lncludes copyrighted material of lnsurance Services Office, lnc. with its plrmission" PoLrcY NUMBER: (17)7358-364. :B$Iffi:'t:.iHi? THIS ENDORSEMENT CHANGES THE POLIGY. PLEASE READ IT CAREFULLY. PRIIUIARY AND NON.CONTRIBUTORY LIABILITY INSURANCE This endorsement modifies insurance provided under the foltowing: BUSINESS AUTO COVERAGE FORM With._respecl to coverage provided by this endorsement, the provisions of the Coverage Form apply unlessmodified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless anolher date is indicated below. Named lnsured: L.N. CURTTS & SONS EndorsementEffectiveDate: lA,2OlZAlT SCHEDULE Name(s) Of Person(s) Or Organlzation(s): PERSONS OR ORGANIZAT]ONS THAT YOU ARE OBLIGATED, PURSUANT TO A CONTRACT OR AGREEMENT BETWEEN YOU AND SUCH PER$ON OR ORGANIZATION, TO PROVIDE PRIMARY AND NON.CONTRIBUTORY INSURANCE uired to this Sche if not shown I be shown in The following is added to ltem 5. -.Other lnsurance" of ltem B. -'General Conditions' under Section lV - .Business Auto Conditions': e. Regardless of the provisions of paragraph S.a. through d. above, for any liabitity arising out of the ownership, maintenance, use, rental, lease, loan, hire or bonowing by an 'insured" of a covered 'auto' for which an "insured' is conlractually obligated to provide primary insurance coverage to a client, this Coverage Form will be primary and non+ontributory with respest to the Persons or Organizations in the schedule, regardless of ihe availabilig or existence of other collectible insurance under any other Coverage Form or policy that applies on a primary basis. 16-02{316 Ed. {0 14 Page 2 of 2 EHIJE EI'Liability lnsurance Endorsement Palicy Pariod Efreclive Dale Policy Number lneured Nama of Company Date lssued A?RIL 1,2017 TO APRIL 1,20rg APRIL L.2OI7 3602-37-26 SFO LJi[. CURTIS &SON$ FEDERAL INSURAI{ffi COMPANY APRIL L1,2OL7 This Endonffssnt applicr to the followiog forms: GENERAL LIABILITY Who ls An Ineured Additional Insured - Scheduled Person OrOrganizalion Liability Inswanoe Uuder IVbo Is tu Insurcd, the following pmvirion ir added Pamor or organizatious shown io the Schedule are influedq but they ar€ insursds only if you ars otligated pursuant to a cotrtract or f,8rc€ment o provide thern with euch insurancc as is afforded by this policy. Howcver, the persou m organizationie aa hnurd orly: ' if and tbou ouly to thc cxrnt the penon or orgauization is described in the Sehedulc; ' [o tbe extErt sucb contraEt ff sgr€€mFot r€quires tbc perron or organizatioa o be afforded statu8 f,s ao inqutdl ' for activitics tlnt did not occur. in whole ot in Fart beforc the execrtion of the conEact or agrecmcot and ' ri'ith rcspect to danages, loss, cost or expeuce for iajury or danago to which this inilrance appliee, No pcmon or organizationis an lnsred under thio provision: ' ftat ia mre sperificrlly idcntified under any othe'r pmvision of thc Who IE An bsurcd scction (regardless of aay limitatiou applicable thsroto). ' with resp€ct to 8tty rszuqtion of liability (of another persoo or organization) by them in a cootrsct or qgreclrEnt. This limitatioo doss Dot apFly m tle liability for dqmftgc$, Io6s. cost or cxpenrefor injuy or damage, n whicb this iosurancc appliee,tbat thepersou or organization would have in the abs€,ncesf such cootrflctor agrceurnl AddUonal lnaund - Scltrlduled Petgprl Qr Orgcnlrelthn cDnilru/€/tl F{rm Et 02-2987 (Rav.5-07) EMotwmant Page I EHL'EIEI' Ltablltly Endorsement (continued) Condiltons Other lnsurance - Pr i m ary, N o ncontfi bu to ry lnsuranee - Scheduled Percon Or Organizalion Lisbll,U lnewattE,e A u?l,orize d Roqrasa ntattve Usdff Conditiooe, thcfollowing p'rovisiou is added to the coutlition titlcdOther Insurance, If you ure obligatod, pu$uang to a conkact or agrcerlsol to pmvid€ the pcrson or organization shown in the Schedule witb pirnary ineurruce such as is afforded by this policn then in sucb cqss trris insurance i8 prinry and we will qot so€& contributiontom issurarco availableto sucb pcrsos or organization, Schedule Persous or organizatioos that you are obtigate4 pursuad to a conEact or agrEern€nt to provid€ with zucb in$uarue as is affoded by this policy, All otbcr tgrms and coudilions lemsin unchanged GL Addlional lrcurad - Sct?sd{rlsd Fellon Qr Qrganintian halpage turngb&.?ffi7(Rev.s-on Ertttuwment PaE' 2 KE T CITY OF KENT POLICE DEPARTMENT 22O 4rh Avenue South Kent, WA 98032 Fax: 253-856-5802 PHONE: 253-856-5800 WastilNsroN Memo To: Froml CC: Date: Re: Suzette Cooke, Mayor Sara Wood, Research and Development Analyst Ken Thomas, Police Chief June 13, 2AL7 Request for Adveftised Bid Waiver Pursuant to KCC 3.70.080 for Police Uniforms The City's Police Department is requesting a waiver for the advertised bid requirement set forth in KCC 3.70.080 for the purchase of uniforms for Kent Police Department personnel from L.N. Curtis and Sons. The police department anticipates that its annual uniform needs should not exceed $100,000, An exact contract amount is difficult to determine because uniform needs depend upon staff rotation, and uniforms are replaced on an interval and rotating basis, or when damaged beyond reasonable repair. Many of these events cannot be anticipated. As you are aware, the advertised bid requirement for purchases over g65,000 may be waived by the Mayor upon finding that the bidding requirements of KCC 3,70.030 are not practicable or in the City's best interest under the circumstances. Should such a finding be made by the Mayor, the materials, supplies, equipment, or services to be purchased may be acquired by the city through direct negotiation with an identified vendor or contractor. After conducting research and analysis of several uniform vendors, the Kent Police Department is requesting approval for a waiver with a new uniform vendor, L.N. Curtis and Sons which is a law enforcement uniform business located within Kent city limits. In addition to the local salestax generated by purchasing uniforms from this local vendor, the proximity and location is highly desirable, Being located in Kent provides ease and access for officers to visit the uniform store for the purchase of uniform items, to be fitted, and pick up the items when ready. In addition, L.N. Curtis and Sons is offering extremely competitive pricing, The City has contracted with Blumenthal's for police department's uniform needs since at least 1999. The prices set by L.N. Curtis and Sons are very competitive with Blumenthals pricing and costs. We anticipate most items being less expensive than Blumenthals, Although this memo seeks the Mayor's waiver of any advertised bid requirement of KCC 3.70.030, staft will take any contract that results from its direct negotiations with L.N. Curtis and Sons to the Public Safety Committee and the full City Council for approval before it is presented for signature. Memo Page: 2 Re: Request for Advertised Bid Waiver Pursuant to KCC 3.70,080 for Police Uniforms Please indicate your approval of this Bid Waiver request by signing below. CITY OF KENT Cooke, Mayor Date://n,l z // Agenda Item: Consent Calendar – 8N_ TO: City Council DATE: March 20, 2018 SUBJECT: Council Administrative Assistant Full-Time Employee Increase - Authorize SUMMARY: Prior to 2008, the Council Administrative Assistant/Receptionist position was full-time. Since that time, it has been reduced to part-time and is currently at 0.75 full-time employee (32 hours). With reduced hours, it has been difficult to fill and retain the position with a quality long-term employee. As a result we would like to increase the position from a 0.75 to 1.00 full-time employee and split the hours between council and administration. We feel the level of service to council has been and will continue to be possible with 20 hours. For budget purposes, the Mayor’s office does not plan to fill the vacant communications specialist position in 2018 and will recommend reductions to the mayor’s office budget this fall and a restructuring in future years that will more than offset this 0.25 FTE increase. EXHIBITS: N/A RECOMMENDED BY: Operations Committee to consider March 20, 2018 YEA: NAY: The vote of the Operations Committee is not yet known as it is scheduled for action on March 20, 2018, and after the Council agenda for March 20, 2018, is published. BUDGET IMPACTS: $17,860 in 2018 MOTION: Increase the Council Administrative Assistant position from a 0.75 to 1.00 full-time employee and change the allocation of costs from 100% Council Office to 50% Council Office and 50% Mayor’s Office. This page intentionally left blank. Agenda Item: Consent Calendar – 8O_ TO: City Council DATE: March 20, 2018 SUBJECT: Ordinance Amending the Kent City Code to Create an Alternate Position on the Arts Commission - Adopt SUMMARY: In an effort to maintain continuity within the Arts Commission when vacancies and transitions occur, the Mayor and staff are introducing a new Commission position – an ‘alternate’- to be appointed and confirmed by the Mayor and City Council. This ‘alternate’ position will serve in a non-voting capacity, except when a regular member is absent from a meeting, at which point the alternate will then serve as a pro tempore member and will have the ability to vote on all matters coming before the Commission at that meeting. If a regular position of the Arts Commission becomes available, the alternate may assume that position without any further confirmation of Council, and then a solicitation for a new alternate may begin. However, the alternate’s appointment will be permissive and not mandatory. This ordinance was prepared at the request of Mayor Dana Ralph, who has a candidate she would like to appoint as an alternate to the Arts Commission. However, this enabling ordinance is required before that appointment can officially be made. In an effort to avoid losing this candidate, this ordinance is on a faster track than normal, and it is set for presentation before the Parks Committee at its March 15, 2018, meeting. If the Parks Committee recommends adoption, the ordinance will proceed before Council at this March 20th meeting. If the Parks Committee does not take action or otherwise recommend adoption, the ordinance will be pulled from the March 20th meeting. EXHIBITS: Ordinance RECOMMENDED BY: Mayor Dana Ralph and Parks Committee to consider March 15, 2018. YEA: NAY: The vote of the Parks Committee is not yet known as it is scheduled for action on March 15, 2018, and after the Council agenda for March 20, 2018, is published. 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. MOTION: Adopt Ordinance No.___ that creates an alternate position on the Arts Commission to fill in for an absent member or vacant position, and moves the Arts Commission code provisions from Chapter 4.02 of the Kent City Code to Chapter 2.61. ☒ 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. ☒ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong sense of belonging. 1 Amend Chapter 4.02 KCC - Re: Arts Commission and Alternate Position ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending the Kent City Code to: (1) move the code provisions concerning the Arts Commission from Chapter 4.02 to a new Chapter 2.61, and (2) create an alternate position on the Commission that would allow the alternate to act in the place of an absent member and to assume a vacant position should one become available during the alternate’s term. RECITALS A. The Kent Arts Commission was created in 1975, and its primary purpose is to initiate, sponsor, or conduct programs calculated to further public awareness of and interest in the visual and performance arts. The Arts Commission’s duties include establishing cultural opportunities and arts education within Kent, improving Kent’s quality of life and enhancing its aesthetic environment, and promoting Kent as a center for great arts. B. Although the Arts Commission is required to hold regular meetings, at times it has been difficult to obtain the quorum necessary to transact business due to the absence of its members at those meetings. This ordinance will create a new position on the Commission that will allow a person to be appointed as an alternate. 2 Amend Chapter 4.02 KCC - Re: Arts Commission and Alternate Position C. It is intended that when all members of the Commission are present, the alternate will serve in a nonvoting capacity. If, however, a member is absent from any meeting of the Arts Commission, the alternate will serve as a pro tempore voting member for that meeting and may vote on all matters before the Commission. The alternate may also assume any position that is vacated by an incumbent member or otherwise becomes available during the alternate’s tenure without the necessity of further Council confirmation. A search for a new alternate would then be undertaken. D. Currently, the Arts Commission is limited to 14 members. Because the Arts Commission obtains only those powers granted to it by Council, an ordinance is required to amend the Kent City Code to allow for the appointment of an alternate, and to allow that alternate to act as a pro tempore when a voting member is absent. E. In addition to making the changes needed to create an alternate position, this ordinance also moves the code provisions concerning the Arts Commission from Chapter 4.02 of the Kent City Code to a new Chapter 2.61. The code provisions concerning the Arts Commission have been codified for some time in Chapter 4.02, but all other ordinances concerning Council created boards and commissions are organized under Title 2, and it is appropriate to move these provisions there as well. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Repealer - Ch. 4.02 KCC. Chapter 4.02 of the Kent City Code, entitled “Arts Commission,” is hereby repealed in its entirety. 3 Amend Chapter 4.02 KCC - Re: Arts Commission and Alternate Position SECTION 2. – Amendment – Ch. 2.61 KCC. Title 2 of the Kent City Code is amended to add a new Chapter 2.61, entitled “Arts Commission,” as follows: CHAPTER 2.61 ARTS COMMISSION Sec. 2.61.010. Created. There is hereby created the Kent arts commission. Sec. 2.61.020. Purpose. The city arts commission and staff may, alone or in cooperation with any other private, civic, or public body of any city, county, or the state, initiate, sponsor, or conduct programs calculated to further public awareness of and interest in the visual and performing arts. Sec. 2.61.030. Membership. The membership of the city arts commission shall be fourteen (14) members, in addition to a council representative and an optional alternate. Members are to be appointed by the mayor and confirmed by the city council, with the exception of the council representative, who shall be appointed to the commission by the council president. Each member of the commission shall have an equal vote in decisions of the commission, except for the alternate and appointed council representative, who shall serve in nonvoting capacities. Sec. 2.61.040. Alternate Member. An alternate may be appointed to the commission by the mayor and confirmed by the city council. Once appointed and confirmed, the alternate will serve in a nonvoting capacity when all regular members are present at a meeting of the arts commission. When a regular member of the arts commission is absent from a meeting, the alternate will serve as a pro tempore voting member for that meeting and may vote on all matters before the commission. Should a position as a regular member on the arts commission become available during the alternate’s term, the alternate will assume that 4 Amend Chapter 4.02 KCC - Re: Arts Commission and Alternate Position position as a regular member without any further council confirmation required. Sec. 2.61.050. Term of appointment. With respect to the members appointed and confirmed to serve on the commission, the following provisions shall apply: 1. Each member, exclusive of the youth representative, must reside or own property within the city or one (1) of its utility or parks department service areas or, alternatively, work or own a business within the city’s municipal boundaries. 2. The commission shall include among its members one (1) council representative and at least one (1) youth representative of high school age who attends a Kent school or lives within the city’s municipal boundaries. 3. All members appointed shall serve four (4) year terms or the unexpired balance of the term for which appointed, whichever is the lesser period, with the following exceptions: a. The youth representative(s) shall be appointed to at least one (1) year term, but may be appointed to as much as a three (3) year term. b. The council representative shall be appointed to a one (1) year term. c. If an alternate becomes a regular member of the arts commission, the individual’s four (4) year term will begin anew upon appointment as a regular member. Sec. 2.61.060. Officers – Meetings. The city arts commission shall elect its officers, including a chairperson, vice-chairperson, and such officers as it may deem necessary. Such persons shall occupy their respective offices for a period of one (1) year. The arts commission shall hold regular public meetings at least monthly. 5 Amend Chapter 4.02 KCC - Re: Arts Commission and Alternate Position Sec. 2.61.070. Rules – Minutes. The city arts commission shall adopt rules for the transaction of business and shall keep written minutes of its proceedings, which minutes shall be a public record. Sec. 2.61.080. Budget. The arts commission shall each year submit to the mayor and city council for approval a proposed budget for the following year in the manner provided by law for preparation and submission of budgets by appointive officials. SECTION 2. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4. – Effective Date. This ordinance shall take effect and be in force thirty days from and after its passage, as provided by law. DANA RALPH, MAYOR Date Approved ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted Date Published 6 Amend Chapter 4.02 KCC - Re: Arts Commission and Alternate Position APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY P:\Civil\Ordinance\Arts Commission-Move_KCC_4.02_to_2.61-Add Alternate Ordinance.docx Agenda Item: Other Business – 9A_ TO: City Council DATE: March 20, 2018 SUBJECT: Resolution in Support of the Puget Sound Regional Fire Authority Proposition No. 1 - Property Tax Levy for Fire Protection and Emergency Medical Services - Adopt SUMMARY: The Puget Sound Regional Fire Authority (“PSRFA”) adopted Resolution 132 on January 17, 2018. Resolution 132 calls for a special election, to be held on April 24, 2018, which will ask the voters to restore the PSRFA’s property tax levy to $1.00 per $1,000 of assessed value. The ballot measure is referred to as Proposition 1. The law limits the ability of the PSRFA to increase its property tax rate by 1% per year. As a result of this 1% limitation, the tax rate imposed by the PSRFA has not kept up with the rate of inflation, and the PSRFA has determined that its effective property tax rate across the area served by the PSRFA has dropped to $0.77 per $1,000 of assessed value. The PSRFA Governing Board has determined that restoring its regular property tax levy to a rate of $1.00 per $1,000 of assessed value will allow it to maintain and improve fire protection and emergency medical services; maintain staffing; replace apparatus, equipment, and facilities; and provide for firefighter safety. This matter is set for the council to consider supporting Proposition 1. Councilmembers and members of the public will be provided with approximately equal opportunity for the expression of an opposing view. EXHIBITS: 1) Resolution of the Kent City Council 2)Puget Sound Regional Fire Authority Resolution 132 BUDGET IMPACT: None 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 _______ supporting Puget Sound Regional Fire Authority Proposition No. 1 in which voters are asked to restore the Fire Authority’s effective property tax to $1.00 per $1,000 of assessed value in order to fund Fire Authority operations and equipment. This page intentionally left blank. 1 Resolution in Support of Puget Sound Regional Fire Authority Proposition 1 RESOLUTION NO. A RESOLUTION of the City Council of the city of Kent, Washington, expressing support for Puget Sound Regional Fire Authority (“PSRFA”) Proposition 1 in which voters will be asked to restore the PSRFA’s regular property tax levy to a rate of $1.00 per $1,000 of assessed value at the April 24, 2018, special election. RECITALS A. The PSRFA adopted Resolution 132 on January 17, 2018. Resolution 132 calls for a special election, to be held on April 24, 2018, which will ask the voters to restore the PSRFA’s property tax levy to $1.00 per $1,000 of assessed value. The ballot measure is referred to as Proposition 1. B. The law limits the ability of the PSRFA to increase its property tax rate by 1% per year. As a result of this 1% limitation, the tax rate imposed by the PSRFA has not kept up with the rate of inflation, and the PSRFA has determined that its effective property tax rate across the area served by the PSRFA has dropped to $0.77 per $1,000 of assessed value. C. The PSRFA Governing Board has determined that restoring its regular property tax levy to a rate of $1.00 per $1,000 of assessed value will allow it to maintain and improve fire protection and emergency medical services; maintain staffing; replace apparatus, equipment, and facilities; and provide for firefighter safety. 2 Resolution in Support of Puget Sound Regional Fire Authority Proposition 1 D. In accordance with RCW 42.17A.555, city councils are authorized to vote on a resolution to support or oppose ballot measures so long as the action is taken at a public meeting, the notice of the meeting includes the title and number of the ballot proposition, and councilmembers and meeting attendees are afforded an equal opportunity to express an opposing view. E. It is appropriate for the council to support Proposition 1 as submitted by the PSRFA, and therefore, the council urges voters to vote “Yes” on Proposition 1. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Support for Proposition 1. The Kent City Council endorses PSRFA Proposition 1 which will be submitted to the voters at the April 24, 2018, special election, and urges Kent voters to vote “Yes” to maintain and improve fire protection and emergency medical services; maintain staffing; replace apparatus, equipment, and facilities; and provide for firefighter safety. The Proposition 1 ballot title and ballot statement are as follows: Puget Sound Regional Fire Authority Proposition No. 1 The Board of Puget Sound Regional Fire Authority adopted Resolution No. 132 concerning a proposition to maintain and adequately fund Puget Sound Fire operations. This proposition authorizes Puget Sound Fire to restore its regular property tax levy to a rate of 3 Resolution in Support of Puget Sound Regional Fire Authority Proposition 1 $1.00 per $1,000 of assessed value to be assessed in 2018 and collected in 2019. The funds will maintain and improve fire protection and emergency medical services, maintain staffing, replace apparatus, equipment and facilities and provide for firefighter safety. The maximum allowable levy in 2018 shall serve as the base for subsequent levy limitations as provided by chapter 84.55 RCW. SECTION 2. - Effective Date. This resolution will take effect and be in force immediately upon passage. PASSED by the City Council of the city of Kent, Washington, at a regular open public meeting held the 20th day of March, 2018. CONCURRED in by the Mayor of the city of Kent this 20th day of March, 2018. DANA RALPH, MAYOR ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY This page intentionally left blank. Agenda Item: Other Business – 9B_ TO: City Council DATE: March 20, 2018 SUBJECT: Lawsuit Against Opioid Manufacturers and Distributors - Approve SUMMARY: The city attorney will provide a short overview of the basis and purpose of filing a lawsuit against opioid manufacturers and distributors, the law firm that would handle the highly complex litigation, as well as a fee structure in which the City would likely not be responsible for the payment of legal fees unless funds were recovered pursuant to the suit. After the presentation, the council will be given the opportunity to consider the above motion authorizing the lawsuit and the retention of an outside law firm. EXHIBITS: None 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. ☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community partnerships MOTION: Authorize the Mayor to retain the services of a law firm on a contingency fee basis in order to initiate a lawsuit against opioid manufacturers and distributors, subject to final review of the City Attorney and Chief Administrative Officer. This page intentionally left blank. BIDS This page intentionally left blank. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION ADJOURNMENT