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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 6/20/2017adccW15902 CITY OF KENT Council MeetingAgenda Mayor Suzette Cooke Council President Bill Boyce Councilmembers Jim Berrios Tina Budell Brenda Fincher Dennis Higgins Dana Ralph Les Thomas June 20, 2017 This page intentionally left blank. KENT CITY COUNCIL AGENDAS June 20, 2017 Council Chambers Mayor Suzette Cooke Council President Bill Boyce Councilmember Jim Berrios Councilmember Tina Budell Councilmember Brenda Fincher Councilmember Dennis Higgins Councilmember Dana Ralph Councilmember Les Thomas ******************************************************************** COUNCIL WORKSHOP AGENDA 5 p.m. Subject Speaker Time Mid Biennium Budget Preview and Fiscal Cliff Aaron BeMiller 60 min Southeast 248th Corridor Update Kelly Peterson 30 min COUNCIL MEETING AGENDA 7 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff 4. PUBLIC COMMUNICATIONS A. Public Recognition i. Recognition of Kent Police Department Volunteers B. Community Events C. Vila Real Neighborhood Council D. Village at Single Creek Neighborhood Council E. Public Safety Update F. Intergovernmental Reports 5. PUBLIC HEARING 6. PUBLIC COMMENT - Please state your name and address for the record. You will have up to three (3) 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. 7. CONSENT CALENDAR A. Minutes of June 6, 2017 Workshop and Council Meetings – Approve B. Payment of Bills – Approve C. Excused Absence for Council President Boyce – Approve D. Ordinance Amending Kent City Code 3.40.040 – Interfund Loans – Adopt E. Resolution Recognizing the Vila Real Neighborhood Council – Adopt F. Resolution Recognizing the Village at Single Creek Neighborhood Council – Adopt G. Highlands Property Surplus – Authorize H. Ordinance Amending KCC 11.06.660 – Wetland Mitigation Banking Program – Adopt I. First Addendum to ShoWare Arena Naming Agreement – Authorize J. Consultant Services Agreement with Futurewise for Multi-Family Rental Housing Inspection Program – Authorize K. Security Patrol Contract for Watersheds – Authorize L. Security Patrol Contract for Green River Natural Resource Area – Authorize M. Hawley Road Levee Franchise Agreement with WSDOT – Authorize N. South 228th Street Grade Separation at Union Pacific Railroad – Pier 2 Bridge Shaft Construction Project – Accept as Complete O. 2016 Asphalt Overlays – Accept as Complete P. East Hill Well 1 Pump Replacement – Accept as Complete 8. OTHER BUSINESS 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF 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 1) Mid Biennium Budget Preview and Fiscal Cliff, Aaron BeMiller 2) Southeast 248th Corridor Update This page intentionally left blank. AGENDA APPROVAL Changes from Council, Administration, or Staff This page intentionally left blank. PUBLIC COMMUNICATIONS A) Public Recognition i. Recognition of Kent Police Department Volunteers B) Community Events C) Vila Real Neighborhood Council D) Village at Single Creek Neighborhood Council E) Public Safety Update F) Intergovernmental Reports PUBLIC HEARING This page intentionally left blank. PUBLIC COMMENT This page intentionally left blank. Agenda Item: Consent Calendar 7A_ CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through P. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and council meeting of June 6, 2017. This page intentionally left blank. Kent City Council Workshop June 6, 2017 Minutes Kent, Washington Pending Approval Page 1 of 2 Date: June 6, 2017 Time: 5 p.m. Place: Council Chambers East/West Attending: Bill Boyce, Council President Jim Berrios, Councilmember Tina Budell, Councilmember Brenda Fincher, Councilmember Dennis Higgins, Councilmember Dana Ralph, Councilmember Les Thomas, Councilmember Council President Boyce opened the meeting at 5:02 p.m. Agenda: 1. Puget Sound Gateway Update (SR 167/ SR 509) Kelly Peterson, Public Works Transportation, introduced Omar Jepperson, P.E., Gateway Program Administrator, and Craig J. Stone, Project Administrator with the Washington State Department of Transportation, and briefly outlined the information that will be presented during this workshop. Craig presented an update on the project that included the program schedule for the construction and implementation plan and April public outreach that included open houses. Omar indicated that the 509 project will include one toll point and Craig detailed toll rates. The project is scoped for two lanes in each direction. The legislative direction for 2015 and 2017 were reviewed that included local contributions. Any additional funds will be used to acquire right-of-way and any savings realized will stay on the Puget Sound gateway corridor until the project is complete. A Memorandum of Understanding (“MOU”) with local project stakeholders that identifies a schedule for stakeholders to provide local matching funds to fund the project must be finalized by July 1, 2018. Omar detailed the refined design of the 516 interchange and provided an update on meetings with Poulsbo RV and preliminary impacts to their property. Kelly Peterson will schedule Omar and Craig for a future workshop presentation that will last 60-90 minutes. 2. Sound Transit Update Auburn/Kent Sound Station Access Improvement Project Sandra Fann – Project Manager and Chelsea Levy – Government & Community Relations Officer, provided information regarding the Federal Way Link Extension Light Rail project, including ensuring that projects are sited in the right place, that they provide the most benefit to Kent residents, and are consistent with Kent’s vision. The new project manager is Dan Abernathy. Chelsea reviewed the project timeline, the preferred alternative, the station concept for the Kent/Des Moines station, the South 272nd Street station, and the Federal Kent City Council Workshop June 6, 2017 Minutes Kent, Washington Pending Approval Page 2 of 2 Way transit center station. Details were provided regarding existing, additional and total corridor parking spaces at the stations. Additionally, she reviewed the frequently asked questions regarding corridor parking. The council expressed their concerns with the number of parking stalls proposed at the stations that will be located in Kent. Ben Wolters, Economic and Community Development Director, provided information regarding the history of the City’s Vision Midway planning area located around the Kent/Des Moines station project. Councilmember Boyce suggested councilmembers reach out to Sandra and Chelsea with any questions they may have. Sound Transit will be working on a development agreement that will guide the development of the project. Sandra and Chelsea will return to a future workshop to provide an update. A brief update was provided on the Kent Station access improvement project. The potential sites have been reduced from eight to four. Sound Transit will seek input from City Council committees during the month of July with the potential to bring the matter to the full Council in August. 3. King County Ballot Measures Diane Carlson, Regional Initiatives Director, with the King County Executive’s Office, provided a brief presentation on King County revenue trends and ballot measures. Diane indicated that two underlying trends have reduced general fund revenue capacity: 1% cap on property tax revenue and sales tax paid as a percentage of personal income. Details were provided on four types of ballot measures in King County: (1) response to 1% cap, (2) periodic capital, (3) new initiatives, and (4) State authorized expansion. Information was reviewed on King County Lid Lifts, including: Best Starts for Kids, Emergency Radio system, Parks, AFIS, Children Family Justice Center, and Vets & Human Services. Diane gave a brief overview of potential measures from King County, Regional, City of Seattle, School Districts, Cities/Fire/Other. Further details were presented on the Access for All and Veterans Seniors Human Services Levy. Council President adjourned the workshop at 6:58 p.m. Kimberley A. Komoto City Clerk. June 6, 2017 Kent City Council Regular Meeting June 6, 2017 Minutes Kent, Washington Pending Approval Page 1 of 8 Date: June 6, 2017 Time: 7 p.m. Place: Council Chambers East/West Attending: Suzette Cooke, Mayor Bill Boyce, Council President Tina Budell, Councilmember Jim Berrios, Councilmember Brenda Fincher, Councilmember Dennis Higgins, Councilmember Dana Ralph, Councilmember Les Thomas, Councilmember Agenda: 1. Call to Order The meeting was called to order at 6:07 p.m., with Mayor Cooke presiding. 2. Roll Call All present. 3. Changes to the Agenda Council President Boyce moved to approve the agenda as presented. Councilmember Thomas seconded the motion. The motion passed 7-0 4. Public Communications A. Public Recognition: i. Recognition of Parks Department Employees – City Hall Landscape Renovation Project: Julie Parascondola, Parks, Recreation and Community Services Director presented information regarding the recent City Hall landscape renovation project. Julie recognized in house project staff, including: Brian Levenhagen, Hope Gibson, Garin Lee, Alex Ackley, Scott Viseth, Randy Kratzer, Nancy Jennings, Zach Alvernaz, Paul Arrington, Adam Barker, Paul Davis, Brianna Hefa, Janet Henderson, Ben Levenhagen, Andy Martin, Colby Neher, and Darren Patrick. Mayor Cooke recognized Kevin Axelson, Crime Analyst, as June’s Employee of the Month. Councilmember Higgins recognized Judy Huntington King County Nurses Association as its “Shining Star” for 2017. Judy is the Executive Director of the Washington State Nurses Association. Judy is a long-time Kent resident. Kent City Council Regular Meeting June 6, 2017 Minutes Kent, Washington Pending Approval Page 2 of 8 Councilmember Fincher conveyed that long-time volunteer and employee of the Kent Parks and Recreation Department, Kathy McNeil passed away. Councilmember Thomas recognized his wife, Pauline Thomas, as a civil services commissioner for 49 years. B. Proclamation for South King County Activity Center Industries and Employment Services Month: Mayor Cooke presented Debbie Meyers with the proclamation for South King County Activity Center (“SKCAC”) Industries and Employment Services month. SKCAC is celebrating its 50th year in business. Councilmembers expressed their appreciation of the work that SKCAC does. Debbie thanked the Council for the proclamation and invited everyone to attend the 8th annual fundraising breakfast scheduled for June 7, 2017, at 7 a.m., to be held at the Kent Senior Center. Councilmembers Ralph, Higgins, Fincher and Mayor Cooke expressed their appreciation for Lacey Jane’s hard work and dedication, including her work regarding crosswalks. C. Proclamation for Juneteenth Day: Mayor Cooke presented Gwen Allen Carston, Executive Director, from the Kent Black Action Commission (“KBCAC”) with the proclamation for Juneteenth Day. Gwen thanked the Council and the City of Kent for the proclamation. Gwen provided details regarding KBCAC. D. Community Events: Councilmember Boyce provided upcoming events at the ShoWare Center and encouraged everyone to visit ShoWareCenter.Com for a schedule of upcoming events. Councilmember Ralph invited the public to attend the Kent Summer Art Exhibit reception on June 7, 2017, located in Centennial Center. Councilmember Berrios invited the public to attend the John Volken Academy 5- year anniversary on June 8, 2017 at 5 p.m., located at the PriceCo business on Central. Councilmember Berrios, Mayor Cooke and Councilmember Fincher thanked the John Volken Academy for their community service. Councilmember Fincher invited the public to attend the Kent Parks Spring Dance Recital that will be held at the Kent Meridian Performing Arts Center on June 10th from 10-2 p.m. She also invited the public to attend the Senior Center 10th annual music and art showcase on June 29th. 19th Annual 4th of July Splash at Lake Meridian. Registration for the Cornucopia days. E. Economic and Community Development Update: Kent City Council Regular Meeting June 6, 2017 Minutes Kent, Washington Pending Approval Page 3 of 8 Ben Wolters, Economic and Community Development Director provided updates as follows: (1) Dick’s Drive-In is perusing alternative sites other than the preferred site in Kent, due to the property owners choosing not to sell; (2) the Sonic Drive-In developer has projected the opening in March 2018. Site construction is now planned for early August and will be located at 116th Avenue S.E. and Kent-Kangley Road; (3) National starts (permits) of multi-family construction vs. single family; and (4) regional population growth, job growth and housing starts increasing demand in Seattle Metro. F. Intergovernmental Reports: Council President Boyce serves on the Sound Cities Association Policy Board – Public Issues Committee. No Report. Councilmember Budell serves on the Sound Cities Association Domestic Violence Initiative. The Committee met at the new DAWN facility located on Gowe. Speakers from Mother Nation, a non-profit group that serves the Native American community. Details were provided regarding firearms that have been surrendered. Councilmember Higgins serves on the King County Regional Transit Committee. Lacey Jane Wolfe attended in Councilmember Higgins absence. The Committee discussed transit parking, including increasing security at the lots. The Committee also received an update on the Alternative Services project. Councilmember Berrios serves on the Puget Sound Regional Council Economic Development Board. The Board is working on the Economic Development Strategy and are close to finalizing the plan. Councilmember Ralph serves on the Law, Safety, and Justice Committee that included discussion on the surrender of firearms. Councilmember Ralph serves on the Sound Cities Association Board, that held discussions on assignments to the Regional Affordable Housing Task Force and the Regional Transportation System Initiative. Councilmember Fincher serves on the King Conservation District Advisory Committee. The community gardens at Hillside Church held a successful event. Councilmember Fincher serves on the Mental Illness and Drug Dependency Group. Working on Draft Implementation and Evaluation Plan that will be submitted to the King County Council in August. 5. Public Hearing A. 2018-2023 Six-Year Transportation Improvement Program – Resolution – Adopt Kent City Council Regular Meeting June 6, 2017 Minutes Kent, Washington Pending Approval Page 4 of 8 Mayor Cooke provided a brief overview of the 2018-2023 Six-Year Transportation Improvement Program and opened the public hearing on the 2018-2023 Six-Year Transportation Improvement Program. Lacey Jane Wolfe, Senior Transportation Planner, provided details regarding the State requirements of the Plan and a history of the staff that reviewed the Plan. Lacey Jane advised that Mel Roberts, Kent Bicycle Advisory Committee board member met with Lacey Jane to provide comments on the Plan. Lacey Jane indicated that four major projects that were completed have been removed from the Plan. Four projects have been added, including: (1) Naden Avenue and Willis Street intersection; (2) Naden local access street; (3) South 248th Street Improvements; and (4) flashing yellow left turn arrows. The deadline to transmit the Plan to the State is August 1, 2017. Council President Boyce moved to admit Mel Roberts, Chairman of the Kent Bicycle Advisory Board, written comments into the record. Mel Roberts spoke in support of a bicycle plan for Meeker Street and a commitment of a timeframe to complete the project. Council President Boyce moved to close the public hearing, seconded by Councilmember Higgins. Motion carried 7-0. Councilmember Higgins moved to adopt Resolution No. 1943, that adopts the 2018-2023 Six-Year Transportation Improvement Program. Seconded by Councilmember Ralph. Motion carried 7-0. 6. Public Comment Norma Maldonado provided public comment regarding access to City services, civic engagement, and education. She expressed her appreciation of the work of the Cultural Communities Board. Maureen Richter expressed her concern over the May 26, 2017, letter sent to all business owners regarding the security alarm policy implemented by the City. Scott Freeman expressed his concern regarding the security alarm policy and made suggestions to the Council regarding possible solutions. 7. Consent Calendar Council President Boyce moved to approve the Consent Calendar items A through H, seconded by Councilmember Thomas. The motion passed with a vote of 7-0. Kent City Council Regular Meeting June 6, 2017 Minutes Kent, Washington Pending Approval Page 5 of 8 A. Minutes of Previous Meetings and Workshops – Approve The minutes of the workshop and regular council meeting of June 6, 2017, were approved. B. Valley View Final Plat – Approve Council approved the final plat plan for Valley View and authorized the Mayor to sign the final plans. C. Grant Agreement with King Conservation District for the Green Kent Partnership – Authorize The Mayor was authorized to accept the Green Kent Partnership grant from the King Conservation District for $65,504.00, amend the budget, authorize the expenditure of funds and was authorized to sign all necessary documents, subject to final grant terms and conditions acceptable to the City Attorney and Parks Director. D. Morrill Meadows Property Surplus Consideration - Authorize Council initiated the surplus process for a portion of Morrill Meadows Park that will be necessary to construct a regional YMCA facility that integrates with the surrounding park property, in accordance with Kent City Code Chapter 3.12 “Surplus of Real Property.” E. Ordinance Amending Kent City Code 4.01 in Support of Tobacco–Free Parks – Adopt Ordinance No. 4246 was adopted, amending various sections of Chapter 4.01 of the Kent City Code to prohibit smoking, vaping, or the use of tobacco products in or on any park property or park facility, and establishing a monetary penalty for all violations of that prohibition. F. Highway Safety Improvement Program Grant – Accept The Mayor was authorized to sign the Washington State Department of Transportation Highway Safety Improvement Program grant in the amount of $869,153.51, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. G. Puget Sound Regional Council Preservation Grant for East Valley Hwy - Accept The Mayor was authorized to accept the Puget Sound Regional Council Preservation Grant for East Valley Highway (South 180th Street to South 196th Street), in the amount of $1,500,000, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. H. Ordinance Amending Kent City Code 6.14 “Complete Streets” – Adopt Ordinance No. 4247 was adopted, amending Chapter 6.14 of the Kent City Code, entitled “Complete Streets.” 8. Other Business Kent City Council Regular Meeting June 6, 2017 Minutes Kent, Washington Pending Approval Page 6 of 8 None. 9. Bids A. Habitat Conservation Measure 6 Project – Award Chad Bieren, Deputy Public Works Director, gave a brief overview of the Habitat Conservation Measure 6 Project. Chad provided details regarding the pre-bid requirement and the difference between the engineer’s estimate and the single bid that was received. Councilmember Higgins moved to award the Habitat Conservation Measure 6 Project to Maroni Construction in the amount of $96,649.30, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Seconded by Councilmember Ralph. The motion passed with a vote of 7-0. B. LID 363: South 224th Street Improvements 84th Avenue South to 88thAvenue South – Award Carla Maloney, Design Engineering Manager, gave an overview of LID 363: South 224th Street Improvements 84th Avenue South to 88thAvenue South. Paul Scott, Accounting Manager, provided details regarding the proposed funding of the project. Approximately 50% of the project costs will be covered by the LID and 10% through the general contributions. $5.7 million from the Transportation Improvement Board. Additional funds will come out of the drainage fun and the Transportation Improvement Program, with an additional financing plan backed by future LID 363 revenues. Councilmember Higgins moved to award the LID 363 South 224th Street Improvements 84th Avenue South to 88th Avenue South Project to SB Structures, LLC, in the amount of $15,330,729.25; authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director, authorize the use of future Transportation Impact Fees and LID 363 revenues to complete the funding for this project; and direct staff to return to council with financing plan backed by future LID 363 revenues. Seconded by Councilmember Fincher. The motion passed with a vote of 7-0. C. South 212th Street and 72nd Avenue South Intersection Improvements – Award Tim LaPorte, Public Works Director, gave a brief overview of the South 212th Street and 72nd Avenue South Intersection Improvements Project. Kent City Council Regular Meeting June 6, 2017 Minutes Kent, Washington Pending Approval Page 7 of 8 Councilmember Higgins moved to award the South 212th Street and 72nd Avenue South Intersection Improvements Project to Kiewit Infrastructure West Co. in the amount of $1,429,710.00 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director, and authorize the Mayor to use additional B&O funds to complete the funding for this project. Seconded by Councilmember Ralph. The motion passed with a vote of 7-0. 10. Reports from Standing Committees, Council and Staff Mayor – Mayor Cooke provided details regarding the Veterans, Human Services, and Senior Levy. Mayor Cooke also provided information regarding the ordinance Amending Kent City Code 4.01 in Support of Tobacco–Free Parks that was passed unanimously by the Council tonight. Council President – Council President Boyce provided details regarding the three workshop presentations today (1) Puget Sound Gateway Update (SR 167/SR509); (2) Sound Transit Update Auburn/Kent Sounder Station Access Improvement Project; and (3) King County Ballot Measures. Council President Boyce encouraged everyone to educate themselves regarding the ballot measures coming out of King County. He also suggested the public call King County Councilmembers to express their opinions. Administration – Derek Matheson, Chief Administrative Officer, indicated his written report is in the packet. Derek advised that Council Chambers technology upgrades scheduled for July 6 – 16. No Executive Session this evening. Economic and Community Development – Council President Boyce advised the next meeting is scheduled for Jun 12, 2017. Operations – Councilmember Ralph provided details regarding the interfund loan policy recommended by the committee. Councilmember Ralph indicated that the bid items discussed and approved tonight have gone through extensive discussions at the committee level. Parks and Human Services – Councilmember Fincher advised that the committee recommended a $65,000 grant from a King Conservation District grant that will help with the Green Kent Steward program. The committee recommended the Council move forward on the surplus of property for the YMCA project. Kent City Council Regular Meeting June 6, 2017 Minutes Kent, Washington Pending Approval Page 8 of 8 Public Safety – Councilmember Berrios requested Michelle Wilmot, Communications Manager, provide details regarding the details of the communication plan regarding the prohibition of fireworks within the city of Kent. Public Works – Councilmember Higgins advised his report is in the minutes. Puget Sound Regional Fire Authority – Councilmember Thomas indicated the next meeting will be held on June 17th at 5:30 p.m. at station 78, followed by a meeting on June 27th to review candidates for the new fire chief. 11. Executive Session and Action after Executive Session None. 12. Adjournment At 9:38 p.m., Mayor Cooke adjourned the meeting. Kimberley A. Komoto City Clerk June 6, 2017 Agenda Item: Consent Calendar – 7B_ 7B. Approval of Bills: Approval of payment of the bills received through May 15, 2017 and paid on April 30 and May 15, 2017 after auditing by the Operations Committee on June 6, 2017. Approval of checks issued for vouchers: Date Check Numbers Amount 4/30/2017 Wire Transfers 7085 - 7101 $2,210,779.94 4/30/2017 Regular Checks 713386 - 713841 $3,344,009.60 4/30/2017 Payment + $161,232.84 Void Checks ($3,798.50) 4/30/2017 Use Tax Payable $340.82 $5,712,564.70 Approval of checks issued for payroll for April 16 through April 30 and paid on May 5, 2017: Date Check Numbers Amount 5/5/2017 Checks $0.00 Voids and Reissues 5/5/2017 Advices 386487 - 387393 $1,583,147.30 $1,583,147.30 Approval of checks issued for vouchers: Date Check Numbers Amount 5/15/2017 Wire Transfers 7102 - 7119 $2,382,792.44 5/15/2017 Regular Checks 713842 - 714218 $1,391,081.12 5/15/2017 Payment + $154,746.76 Void Checks ($0.00) 5/15/2017 Use Tax Payable $5,024.46 $3,933,644.78 Approval of checks issued for payroll for May 1 through May 15 and paid on May 19, 2017: Date Check Numbers Amount 5/19/2017 Checks $0.00 Voids and Reissues 5/19/2017 Advices 387394 - 388257 $1,559,895.36 $1,559,895.36 This page intentionally left blank. Agenda Item: Consent Calendar – 7C_ TO: City Council DATE: June 20, 2017 SUBJECT: Excused Absence for Council President Boyce - Approve SUMMARY: Council President Boyce is unable to attend the City Council Meeting of June 20, 2017. RECOMMENDED BY: Mayor Cooke YEA: N/A NAY: N/A BUDGET IMPACTS: None MOTION: Approve excused absence for Council President Boyce as he is unable to attend the City Council meeting of June 20, 2017. This page intentionally left blank. Agenda Item: Consent Calendar – 7D_ TO: City Council DATE: June 20, 2017 SUBJECT: Ordinance Amending Kent City Code 3.40.040 – Interfund Loans – Adopt SUMMARY: At the May 2, 2017 Operations Committee meeting the Committee provided a head-nod approval of the City’s proposed update to the debt management policy. The proposal includes changes to the process and requirements for the City using interfund loans as a funding tool. The action before you will update Kent City Code section 3.40.040 Interfund Loans to reflect the changes in the proposed debt management policy. The significant changes to the Code include: delegation of interfund loan approval to the finance director for loans not longer than three (3) calendar months and the Mayor for loans not longer than twelve (12) calendar months, the requirement of an analysis of the loaning fund(s) to indicate that excess funds are available and the use of those funds will not impact the loaning fund’s current operations or constitute a permanent diversion of funds, and eliminates the loan duration restriction. EXHIBITS: Ordinance RECOMMENDED BY: Operations Committee YEA: Ralph, Thomas NAY: N/A BUDGET IMPACTS: This action has no budget impact. MOTION: Adopt Ordinance No. _____ amending Kent City Code 3.40.040 to update the City’s interfund loan policies and procedures, and to delegate to the finance director and the mayor approval of certain short-term interfund loans without Council action. This page intentionally left blank. 1 Amend KCC 3.40.040 - Re: Interfund Loans ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, authorizing interfund loans of municipal monies to comply with RCW 43.09.210 and providing for accounting procedures when interfund loans are made. RECITALS A. Rather than issuing outside debt to meet short-term cash flow needs or to fund certain capital improvements, the city may issue interfund loans in accordance with RCW 43.09.210 and the city’s finance policies. B. The city’s finance department is charged with ensuring compliance with all debt management policy requirements and protecting the city’s financial integrity. C. This ordinance permits the finance director and the mayor to authorize short-term interfund loans without council approval in accordance with the city’s finance policies. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Section 3.40.040 of the Kent City Code, entitled “Interfund loans,” is amended as follows: 2 Amend KCC 3.40.040 - Re: Interfund Loans Sec. 3.40.040. Interfund loans. A. Authorization. The city council does hereby authorize the finance director, or his designee, to make interfund loans of those municipal monies which are otherwise legally available for investment purposes, where such loans would be necessary to ensure compliance with the provisions of RCW 43.09.210. B. Procedures. The following procedures shall be used for the establishment and accounting of all interfund loans made pursuant to this section: 1. The city council by ordinance or resolution shall approve all interfund loans and provide in the authorization a planned schedule of repayment of the loan principal and shall set a reasonable rate of interest (based upon the external rate available to the municipality) to be paid to the lending fund. The finance director has the authority to approve short- term interfund loans for a period not to exceed three (3) calendar months. The Mayor has the authority to approve loans for a period not to exceed twelve (12) calendar months. Interfund loans made for a period exceeding one (1) year must be approved by the council through ordinance or resolution. 2. Interfund borrowing will bear interest based upon at least the prevailing Local Government Investment Pool rate. Interest shallwill be charged in all cases unless: a. The borrowing fund has no independent source of revenue other than the lending fund; 3 Amend KCC 3.40.040 - Re: Interfund Loans b. The borrowing fund is normally funded by the lending fund; or c. The lending fund is the general fund, which, being unrestricted, can loan interest free, except to a proprietary fund. 3. The borrowing fund must anticipate sufficient revenues to be in a position over the period of the loan to make the specified principal and interest payments as required in the authorizing ordinance. The issuance of an interfund loan will be permissible only after the finance director has conducted an analysis of the loaning fund which indicates that excess funds are available and the use of the funds will not impact the loaning fund’s current operations or constitute a permanent diversion of funds. 4. The term of loan should whenever practicable be restricted to a period of one (1) year, but in no case shallwill the term of loan exceed three (3) years, except for those funds which are legally permitted to support one another through appropriations, transfers, advances, etc. 45. Only that portion of a given fund which, in the prudent management of municipal finances as determined by the finance director, is clearly inactive or in excess of current needs may be loaned to other municipal funds or invested. 56. Appropriate accounting records shall be maintained to reflect the balances of loans payable and receivable in every fund affected by such transactions. 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. 4 Amend KCC 3.40.040 - Re: Interfund Loans 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 (30) days from and after its passage, as provided by law. SUZETTE COOKE, MAYOR ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 5 Amend KCC 3.40.040 - Re: Interfund Loans PASSED: day of , 2017. APPROVED: day of , 2017. PUBLISHED: day of , 2017. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) KIMBERLEY A. KOMOTO, CITY CLERK This page intentionally left blank. Agenda Item: Consent Calendar – 7E_ TO: City Council DATE: June 20, 2017 SUBJECT: Resolution Recognizing the Vila Real Neighborhood Council – Adopt SUMMARY: The Vila Real neighborhood consists of 128 households and is located on Kent’s East Hill. The neighborhood has completed the process to be recognized as a neighborhood council. The City’s Neighborhood Program is an initiative designed to foster better communication among residents in a geographic area and city government. The underlying objective of the program is to provide an avenue for residents to work together to enhance the livability of their neighborhoods. The program encourages organization of neighborhood councils, which serve as independent, non-profit organizations promoting resident-based efforts for neighborhood improvements while also establishing a partnership between City government and the neighborhoods they serve. EXHIBITS: Resolution RECOMMENDED BY: Economic and Community Development Committee YEA: Berrios, Budell NAY: BUDGET IMPACTS: None MOTION: Adopt Resolution No. __, recognizing the Vila Real 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 Vila Real Neighborhood Council Resolution RESOLUTION NO. ___________ A RESOLUTION of the city council of the city of Kent, Washington, recognizing Vila Real 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 Vila Real neighborhood consists of one hundred and twenty-eight households. D. The Vila Real neighborhood is located on Kent’s East Hill and is situated generally to the east of 110th Avenue S.E., to the north of S.E. 204th Street, to the west of Panther Lake and to the south of S.E. 200th 2 Vila Real Neighborhood Council Resolution Street. The Neighborhood is shown on Exhibit A, attached and incorporated by this reference. E. On March 8, 2017, the Vila Real Neighborhood submitted an official registration form to request that the City recognize the Vila Real 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 Vila Real neighborhood and all those who participated in forming the Vila Real Neighborhood Council. The Kent City Council hereby recognizes Vila Real Neighborhood Council as an official Neighborhood Council of the city of Kent, supports Vila Real Neighborhood Council community building efforts, and confers on the Vila Real Neighborhood Council all opportunities offered by the City’s Neighborhood Program. SECTION 2. – Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 3. – Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 4. – Effective Date. This resolution shall take effect and be in force immediately upon its passage. 3 Vila Real Neighborhood Council Resolution PASSED at a regular open public meeting by the city council of the city of Kent, Washington, this day of June, 2017. CONCURRED in by the mayor of the city of Kent this ______ day of June, 2017. SUZETTE COOKE, MAYOR ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the city council of the city of Kent, Washington, the day of June, 2017. KIMBERLEY A. KOMOTO, CITY CLERK P:\Civil\Resolution\Neighborhoodcouncilvilareal 6-12-17.Docx Exhibit A 4 Vila Real Neighborhood Council Resolution Agenda Item: Consent Calendar – 7F_ TO: City Council DATE: June 20, 2017 SUBJECT: Resolution Recognizing the Village at Single Creek Neighborhood Council – Adopt SUMMARY: The Village at Single Creek neighborhood consists of 42 households and is located on Kent’s East Hill. The neighborhood has completed the process to be recognized as a neighborhood council. The City’s Neighborhood Program is an initiative designed to foster better communication among residents in a geographic area and city government. The underlying objective of the program is to provide an avenue for residents to work together to enhance the livability of their neighborhoods. The program encourages organization of neighborhood councils, which serve as independent, non-profit organizations promoting resident-based efforts for neighborhood improvements while also establishing a partnership between City government and the neighborhoods they serve. EXHIBITS: Resolution RECOMMENDED BY: Economic and Community Development Committee YEA: Berrios, Budell NAY: BUDGET IMPACTS: None MOTION: Adopt Resolution No. , recognizing the Village at Single Creek 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 Village at Single Creek Neighborhood Council Resolution RESOLUTION NO. ___________ A RESOLUTION of the city council of the city of Kent, Washington, recognizing Village at Single Creek 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 Village at Single Creek neighborhood consists of forty-two households. D. The Village at Single Creek neighborhood is located on Kent’s East Hill and is situated generally to the east of 132nd Avenue S.E., to the north of S.E. 234th Street, to the west of 130th Avenue S.E. and to the 2 Village at Single Creek Neighborhood Council Resolution south of S.E. 236th Place. The Neighborhood is shown on Exhibit A, attached and incorporated by this reference. E. On April 20, 2017, the Village at Single Creek Neighborhood submitted an official registration form to request that the City recognize the Village at Single Creek 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 Village at Single Creek neighborhood and all those who participated in forming the Village at Single Creek Neighborhood Council. The Kent City Council hereby recognizes Village at Single Creek Neighborhood Council as an official Neighborhood Council of the city of Kent, supports Village at Single Creek Neighborhood Council community building efforts, and confers on the Village at Single Creek 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 Village at Single Creek 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 June, 2017. CONCURRED in by the mayor of the city of Kent this ______ day of June, 2017. SUZETTE COOKE, MAYOR ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the city council of the city of Kent, Washington, the day of June, 2017. KIMBERLEY A. KOMOTO, CITY CLERK P:\Civil\Resolution\NeighborhoodcouncilVillageatSingleCreek 6-12 -17.Docx Exhibit A 4 Village at Single Creek Neighborhood Council Resolution Agenda Item: Consent Calendar – 7G_ TO: City Council DATE: June 20, 2017 SUBJECT: Highlands Property Surplus – Authorize SUMMARY: Economic and Community Development staff will evaluate the market interest in a City owned remnant property originally acquired during the process of constructing Veteran’s Drive. As the property is not seen as having public benefit in its unimproved state, the City wishes to explore commercial user concepts by marketing the property. This motion and discussion is proposed to formally determine if the City Council wants to consider the property to be surplused. EXHIBITS: Public Notice, List of 1000’ Radius Parcel Numbers and Map RECOMMENDED BY: Economic & Community Development Committee YEA: Berrios, Budell NAY: BUDGET IMPACTS: None MOTION: Authorize Council to determine that the property located on the south side of Veterans Dr. (aka 231st Way) west of Riverview Blvd. in Kent, Washington, collectively known as the Highlands Property, be considered for surplus, and that a community forum be scheduled and proper notice be issued, in order to receive public comment prior to determining whether the Highlands Property will be surplused. This page intentionally left blank. CITY OF KENT NOTICE OF SPECIAL PUBLIC MEETING June 22, 2017 NOTICE IS HEREBY GIVEN that the Kent City Council is considering whether to declare the following-described real property (“the Property”) to be surplus to the City’s needs, and thereafter market the Property for sale: The Property under consideration is City-owned and is located on the south side of Veterans Dr. (aka 231st Way) west of Riverview Blvd. in Kent, Washington. The site represents an irregular shaped tax parcel number (152204-9170), with a gross site area of 280,027 sq ft or 6.43 acres. All interested members of the public are invited to obtain more information about the proposal, and to speak in support or opposition of the proposed surplus of the Property, at a PUBLIC MEETING to be held beginning at 5:00 p.m. on Thursday, June 22nd, 2017, In the Kent City Council Chambers East, 220 Fourth Avenue S., Kent, WA 98032. Members of the public may also submit written comments at the Public Meeting or in advance by regular U.S. Mail to William Ellis, City of Kent’s Economic & Community Development Department, 220 Fourth Avenue South, Kent, WA 98032, or by electronic mail to wellis@KentWa.gov. Any written comments sent in advance must be received no later than 4:00 p.m. on June 22nd, 2017, in order to be considered. The public notice can be found at the City of Kent’s Website: www.kentwa.gov. Any person requiring a disability accommodation should contact the City Clerk’s Office at 253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 1-800-833-6388. This page intentionally left blank. C o n d o L a b e I F o r T øxp uy er Friday, May 26,2017 TAXPAYER CITY TAXPAYER ZIP MCode LCount: Highland6217 PARCEL NUMBER 5422900320 5422901010 5422900980 5422900810 5422900510 5422900060 5422900380 5422900630 5422900190 5422900690 5422900430 5422900170 5422900460 5422900030 5422900130 5422900740 5422900660 5422900360 5422900220 5422901030 5422900440 5422900620 5422900700 5422900540 Total Records: TAXPAYER ABBAS NAJIB MOHAMMED ABDELAAL AHMED ALSTON PEGGY L ANDERSON JOHN+MONICA BALDACCI AMANDA+BRUNO BASHER JERRY J+RAMONA BLINDER HOWARD BOYD JOSH+BAILFF WHITN BURMEISTER ERENST J+AM CARTER JULIE CHAHAL TAJINDER CHEEDLE JENNIFER CHOW KIN LAM+SAM HIN LI CLARK LAURA K CLARK RANDAL+NINA CLAYTON BARBARA COOK SUSAN P CORTEZ DANIEL G+DEBBIE CULMINE JOHN A DALTON MELISSA A DELISMON MARTIN J DILLMAN BRIAN JAMES DUNN JOHN E+BETW M EUSEBIO BELLA M+DANILO 93 TAXPAYER ADDR 22720 43RD AVE S 22407 43RD AVE S 22417 43RD AVE S 22511 43RD AVE S#22 1 22719 42ND PL S 22613 43RD AV S 22610 43RD AV S#17-2 22712 42NÐ PL S #7-3 22807 43RD AVE S 22528 43RD AVE S #19-1 22617 42ND PL S 22723 43RD AVE S #l l-3 22711 42ND PLS 22607 42ND PL S 2271I 43RDAVS 22523 43RD AVE S 22535 43RD AVE S 22706 43RD AV S 22801 43RD AV S 22403 43RD AVE S 22615 42ND PL S 22708 42ND PL S 22532 43RD AV S 22806 42ND PL S #5-2 1 2 3 4 5 6 7 8 I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 KENT WA KENT WA KENT WA KENÏ WA KENT WA KENT WA KENT WA KENT WA KENTWA KENT WA KENT WA KENTWA KENTWA KENT WA KENT WA KENT WA KENT WA KENT WA KENT WA KENT WA KENTWA KENT WA KENT WA KENT WA 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98038 Friday, May 26,2017 Pøge I of 4 LCOunt: PARCEL NUMBER TAXPAYER TAXPAYER ADDR TAXPAYER CITY TAXPAYER ZIP 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 5422900900 5422900710 5422900450 5422900490 s422900930 5422900530 5422900310 5422900950 5422900750 5422900800 5422900390 5422900140 5422900760 5422900840 5422900830 5422900920 5422900860 5422900370 5422900500 5422900870 5422900150 5422900820 5422900850 5422900880 5422900940 5422901020 5422900610 FRITSCHLE WAYNE K GILMORE HOLLY L GIPE JOSEPH LEE GIRSCH JONATHAN DAVID+ GREENBORG JESS GROSVENOR RICHARD J+LI HALL GLOWVER D HAMM TANYA HARTLEY ALLEN HIGGINS DENISE S HIGGINS JAMES O+SUZANN HOLLIN GREGORY HOYT ELISABETH G HUGHES KEVIN M+ALEXAND HUYNH PRISCILLA P JACQUES ALEXIS+BENSON KENT ARTHUR KHALID YASIR KOUBIK ALES KREPS KENNETH W+LINDA LAU EDVASON YIN CHEUNG LAWRENCE KRYSÏAL LEHMANN RICHARD L+AVO LEONARD VERLIN & LINDA MACRAE HARRY B+LINDA R MASUDA MISHIZU MCDONALD SCOTT A 22427 43RD AV S 22534 43RD AV S 22713 42ND PLS 22723 42ND PLS 2242643RD AVE S #25 3 22802 42ND PL S 22716 43RD AVE S 22423 43RD AV S #26-1 22519 43RD AV S 22524 43RD AVE S #21-4 22614 43RD AV S 22709 43RD AVE S #10-4 22517 43RD AVE S 2250543RD AV 522-4 22507 43RD AVE S #22-3 2242243RD AVÊS 22502 43RD AVE S 22606 43RD AVE S #17-1 22721 42ND PL S 22506 43RD AVE S 22727 43RD AVÊ. S 22509 43RD AVE S 22500 43RD AV S 22510 43RD AVE S 22428 43RD AV S 22405 43RD AV S 22706 42ND PL S KENT WA KENT WA KENT WA KENT WA KENT WA KENT WA KENTWA KENT WA KENT WA KENTWA KENT WA KENTWA KENTWA KENT WA KENTWA KENTWA KENT WA KENTWA KENTWA KENTWA KENTWA KENT WA KENT WA KENTWA KENT WA KENT WA KENT WA 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 Friday, May 26, 2017 Page 2 of4 LCOunt: PARCEL NUMBER TAXPAYER TAXPAYER ADDR TAXPAYER CITY TAXPAYER ZIP 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 5422900570 5422900300 5422900160 5422900970 5422900730 5422900230 5422900590 5422900560 5422900200 5422900470 5422900350 5422900580 5422900180 5422900250 5422900890 5422900650 5422900110 5422900770 5422900100 5422900680 5422900720 5422900420 5422900910 5422900090 5422900270 5422900210 5422900330 MCGLENN.DEBRA L+FOXW MCSHERIDAN JENNIFER K MITCHELL ASHLEY A MORITA TOMOKO NARISAWA RYO NELSON GREGG+MONICA NOBLE PAMELA A ODEGARD LINDA M PERALTA PATRICK C+MARY POYSKY ERIKA L PURDOM LINDA J RAFTIS PAUL J MMPTON-LANDA FAMILY T REESE LAWRENCE A+ ET A REMUND STEVEN M+THANH RUSSELL PETER J+NANCY J SAHID HAKEEM SHINN GLORIA A SHYNE LISA SIEGEL MELINDA+RON G SI SMESTAD BRADLEY N SMITH ERIC W+AUDREY A SMITH THOMAS A+MIZUHAT SONG YOUNG S+HYO S STANFORD JANICE STOCK SARAH A STORMENT GLENN V 22720 42ND PLS 22712 43RD AVE S 22725 43RD AV S 22419 43RD AV S #26-3 22525 43RD AV S 22813 43RD AVE S 22724 42ND PL S 22814 42ND PLACE SO 22805 43RD AV S 22707 42ND PL S #3-3 22704 43RD AV S 22722 42ND PL S #6-2 22721 43RD AVE S 2272443RD AVES 22429 43RD AVE S 22537 43RD AVE S 22715 43RD AVE S 225,14 43RD AV S 22701 43RD AVE S 22529 43RD AV S 22536 43RD AVE S 22619 42ND PL S 22418 43RD AVE S #2s 22703 43RD AV S 22732 43RD AVE S #14-3 22803 43RD AV S 22700 43RD AVE S KENT WA KENTWA KENT WA rÈ¡'lr w¡ KENT WA KENT WA KENTWA KENTWA KENT WA KENTWA KENT WA KENT WA KENT WA KENT WA KENT WA KENT WA KENT WA KENT WA KENTWA KENT WA KENT WA KENTWA KENTWA KENT WA KENT WA KENT WA KENT WA 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 Friday, May 26, 2017 Pøge 3 of 4 LCounT: PARCEL NAMBER TAXPAYER TAXPAYER ADDR TAXPAYER CITY TAXPAYER ZIP 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 54229000/0 5422900960 5422900120 5422900010 5422900080 54229003/.0 5422900020 5422900670 5422900780 5422900990 5422900050 5422901040 5422900410 5422900240 5422900070 SWEET RICHARD T+CLARA TAKE NAGA t(ARE N+M E HRLI THOMPSON CYNTHIA M THOMPSON KËVIN T TULL TIFFANY T TURNER JULIE VANHOOMISEN KRISTEN M+ VIVATSON JACQUELYN VONHEESEN LUCY A WARREN BENJAMIN J WELCH MATTHEWA+BONNI WESTLUND AARON E WINKELMANN ELSBETH YARBOROUGH DIANA ZHANG JIAN 22605 42ND PL S 22421 43RD AVE S #262 22713 43RD AVE S 22613 42ND PL S 22705 43RD AV S 22702 43RD AV S 22609 42ND PL S 22533 43RD AVE S 22518 43RD AVE S 22411 43RD AVE#27 22615 43RD AVE S 22401 43RD AV S 22621 42ND PL S 2281I 43RDAVES 22707 43RD AVE S KENT WA KENT WA KENT WA KENT WA KENT WA KENT WA KENT WA KENT WA KENT WA KENTWA KENTWA KENT WA KENT WA KENTWA KENT WA 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 !¡ù#9 Mffi!¡*t@ñw,wr.Jl]{Wq{ww¿jlw Friday, May 26,2017 page 4 of 4 AddrLøbelForTøxpuyer Friday, May 26,2017 Totul Recortls.' 35 TAXPAYER TAXPAYER_ADDR TAXPAYER-CITY TAXPAYER_q]P MCode LCount: Highland62l7 PARCEL_NUMBER 1 1522049062 BALRAJPAULSINGH 4422S17OTHST SEATAC WA 98188 2 1522049108 BRANDON LANCING 2605 E WARD ST SEATTLE WA 98112 3 7260200112 CARROLL WILLIAM & SHELL 23250 MILITARY RD S KENT WA 98032 4 1522049017 CITY OF SEATAC 48OO S 188TH ST SEATAC WA 98188 5 1522049129 DIAZ AUDELIO P 23040 MILITARY RD KENT WA 98032 6 1522049110 DIAZ AUDELIO P 23040 MILITARY RD KENT WA 98031 7 1522049052 ESTATE OF DEVIT STEWAR 22844 MILITARY ROAD SEATAC WA 98188 8 1522049172 GRANDVIEWAPARTMENTS 1O9OO NE 8TH ST#1200 BELLEVUE WA 98004 9 7260200110 GREENSENSE LLC 23252 MILITARY RD S KENTWA 98032 10 1522049133 HILSON KARMET G 3420 S 229TH PL SEATAC WA 98198 11 1522049060 JOHNSON FRANK C 3433 S 229TH PL SEATAC WA 98198 12 1522049154 JOHNSON MERLE L+ROBIN 351 1 S 228TH ST DES MOINES WA 98198 13 1522049042 KENTHIGHWAYCOMMERCI 14205SE36THST#1OO BELLEVUE WA 98006 15 7260200095 KING COUNTY-TRANSIT 201 S JACKSON ST #417 SEATTLE WA 98104 16 1522049135 LOPÉZ PETE+ROSA 23036 MILITARY RD S KENT WA 98032 17 1522049059 MILITARY RD HIGHWAY CO '14205 SE 36TH ST #1OO BELLEVUE WA 98006 18 1522049027 MILITARY ROAD INVESTMEN 2305I MILITARY RD S KENT WA 98032 20 1522049132 RJE REAL ESTATE LLC 1323 AVENUE D#1477 SNOHOMISH WA 98291 21 OOO2OOOO22 SEATTLE CITY OF SPU-SWU PO BOX 34018 SEATTLE WA 98124 \'. Friday, Mtty 26, 2017 Page I of2 LCOunt: PARCEL NUMBER TAXPAYER TAXPAYER ADDR TAXPAYER CTTY TAXPAYER ZIP 25 26 zz 2 2 31 1522049103 THEBERT FRED 12315 MUNDY LOSS RD BUCKLEY WA 98321 32 1522049140 THOMAS JAMES 1721 SW326TH CT FEDERALWAYWA 98023 34 1522049109 UNITED STATES BAKERIES POBOX24327 SEATTLE WA 98124 35 1522049153 VINSON JOE D+JESICA H 3507 S 228TH ST SEATAC WA 98198 Friday, May 26, 2017 Page 2 of 2 AddrL ø b el F o r O c c up ø ntAtS ite Friday, May 26,2017 MCode LCount: Highland6217 PARCEL NUMBER Totøl Records: OCCUPANT 16 SITE ADDRES SITE STREET SITE CITY SITE ZIP 1 1522049008 OCCUPANT 37OO S KENT DES MOIN KENT, WA 98032 2 1522049042 OCCUPANT 23004 MILITARY RD S KENT, WA 98032 3 1522049045 OCCUPANT 23OOO MILITARY RD S KENT, WA 98032 4 1522049059 OCCUPANT 23002 MILITARY RD S KENT, WA 98032 5 1522049066 OCCUPANT 23056 MILITARY RD S KENT, WA 98032 6 1522049103 occupANT 3441 s 229 PL KENT, WA 98032 7 1522049108 OCCUPANT 22904 MILITARY RD S KENT, WA 98032 8 1522049109 OCCUPANT 23031 MILITARY RD S KENT, WA 98032 9 1522049110 occuPANT 3451 S 229 PL KENT, WA 98032 10 1522049132 occuPANT 3428 9T PL98198 KENT, WA 11 1522049140 occuPANT 3435 S 229 PL KENT, WA 98032 12 1522049142 occuPANT 3427 S 229 PL KENT, WA 98032 13 1522049172 OCCUPANT 39OO VETERANS DR KENT, WA 14 7260200060 OCCUPANT 23011 MILITARY RD S KENT, WA 98032 15 7260200095 OCCUPANT 23405 MILITARY RD S KENT, WA 98032 I ofPageFriday, May 26,2017 r il ta{-{I I ¡i:¡l r! . '.1 I I rl TI f t+ ',t_ t_ ..l r -t I t!¡t U t-1 iH E H I*! N ¡ ¡lhHl-.H HIGHLAND PROPERTY (TAX PARCEL NO. 1522049170)* AS SHOWN W|TH 1000', RADTUS RUN LOCATED: SOUTH SIDE OF VETERANS DR|VE (AKA 231sr WAy) WEST OF RIVERV|EW BLVD MAILED TO RADIUS ON JUNE 2,2OT7 FOR JUNE 22,2077 MEETING 1'L-_j_[\\,J iË I ¡-' iìtlL, N. Â-*À HTGHLAND PROPERTY (TAX PARCEL NO. 15 17Ol LOCATED: SOUTH StDE OF VETERANS DRTVE 1Rt<R Z3ttt WAy) WEST OF R|VERV|EW BLVD I.OOO'RADIUS MAILING FOR JUNE 22,2017 MEETING MAILED TO RADIUS ON JUNE 2,2017 ì L L_ t I I --. *'.-''j This page intentionally left blank. Agenda Item: Consent Calendar – 7H_ TO: City Council DATE: June 20, 2017 SUBJECT: Ordinance Amending KCC 11.06.660 – Wetland Mitigation Banking Program – Adopt SUMMARY: Due to the decrease in mitigation opportunities in the City of Kent, both public and private projects are struggling to find locations to provide compensatory mitigation when critical areas are impacted. Staff has received multiple requests from current and prospective permit applicants and the development community for the City to allow the use of mitigation banks and in-lieu fee programs as a way to mitigate for wetland and wetland buffer impacts. Current city code requires “legislative action” to approve a project to use mitigation banking or in-lieu fee programs. Staff is proposing a change to the code to allow projects to utilize mitigation banks and in-lieu fee programs without further legislative action. BACKGROUND: The Growth Management Act (GMA) requires cities to adopt regulations which use best available science to protect the functions and values of wetlands and wetland buffers. Kent City Code 11.06.660 establishes the mitigation requirements when a project proposes to alter a wetland or wetland buffer and recognizes the use of wetland mitigation banks and in-lieu fee programs as an option for mitigation. While on-site mitigation is prioritized by Kent’s code, the US Army Corps of Engineers and the US Environmental Protection Agency consider mitigation banks and in-lieu fee programs to be the preferred forms of compensatory mitigation. KCC 11.06.660 includes several criteria for the use of such programs, including demonstration of no net loss in overall wetland acreage and replacement with wetlands and buffers of equivalent functions and values. However, each request must be approved by the City Council. The proposed code amendment removes the case- by-case legislative action in order to streamline the permitting process. EXHIBITS: Ordinance RECOMMENDED BY: Economic and Community Development Committee YEA: Berrios, Budell NAY: BUDGET IMPACTS: This action has no budget impact. MOTION: Adopt Ordinance No. _____ amending Kent City Code 11.06.660 to allow wetland mitigation banks and in-lieu fee programs, as presented by staff. This page intentionally left blank. 1 Amend KCC 11.06.660 Wetland Mitigation Banks ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 11.06 of the Kent City Code, entitled “Critical Areas,” to revise the procedure for allowing the use of wetland mitigation banks and in-lieu fee programs. RECITALS A. Pursuant to the state Growth Management Act, Chapter 36.70A RCW (GMA), the city of Kent (“City”) previously amended its critical areas ordinance (CAO) on July 21, 2015 (Ordinance 4159). B. The city has received numerous permit applications and inquiries requesting the use of mitigation banking and in-lieu fee programs. C. It is the goal of the City to uphold no net loss of wetlands through the preservation, enhancement, establishment, and restoration of ecological functions within its watersheds. D. Mitigation banks and in-lieu fee programs provide a watershed based approach that may offer an environmentally preferable option compared to onsite permittee responsible mitigation. The U.S. Army Corps of Engineers and U.S. Environmental Protection Agency have 2 Amend KCC 11.06.660 Wetland Mitigation Banks determined mitigation banks and in-lieu fee programs are the preferred forms of compensatory mitigation because they use a watershed approach, consolidate resources, reduce temporal loss of functions, and reduce uncertainty over project success. E. As currently written, the critical areas ordinance requires mitigation banks and in-lieu fee programs that are to be used for projects located in the city to be certified by the U.S. Army Corps of Engineers and Washington Department of Ecology under applicable federal and state mitigation rules. Prior to certification of a mitigation bank or in-lieu fee program, Ecology and the Army Corps are advised by an Interagency Review Team (IRT), which consists of representatives from the U.S. Environmental Protection Agency, the National Oceanographic and Atmospheric Administration, the U.S. Fish and Wildlife Service, the Washington Department of Fish and Wildlife, as well as representatives from several local Tribes. One such certified in-lieu fee program is the King County Department of Natural Resources’ “Mitigation Reserves Program,” which is operated in conjunction with the Washington Department of Ecology and the U.S. Army Corps of Engineers with review and approval by the IRT of all mitigation sites that are to be implemented by the program. At the time of passing this ordinance, the King County Mitigation Reserves Program (MRP) is the only in-lieu program that is currently available to projects within the city of Kent. Until another in-lieu fee program or mitigation bank is approved by the IRT, Army Corps and Ecology, it is anticipated that the MRP is the program that will be utilized. F. On May 15, 2017, staff made a presentation to the Public Works Committee at a public meeting to discuss the proposed code amendment. 3 Amend KCC 11.06.660 Wetland Mitigation Banks G. The City’s State Environmental Policy Act (SEPA) Responsible Official has determined that the proposed amendment is procedural in nature and thus categorically exempt from further SEPA review. H. Under the GMA, the City is required to submit proposed amendments to its development regulations to the Washington State Department of Commerce for review and comment. On May 24, 2017, the City requested expedited review under RCW 36.70A.106 from the Washington State Department of Commerce regarding the proposed code amendment. The Washington State Department of Commerce granted the request for expedited review on June 12, 2017. No comments were received from State agencies. I. On June 12, 2017, the Economic and Community Development Committee held a public hearing regarding the proposed code amendment and recommended to the full City Council adoption of the proposed code amendment. J. At its regularly scheduled meeting on June 20, 2017, the City Council considered the recommendation of the Economic & Community Development Committee and voted to adopt the proposed amendment to the Critical Areas Regulations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Section 11.06.660 of the Kent City Code, entitled “Compensating for wetland impacts,” is amended as follows: Sec. 11.06.660. Compensating for wetland impacts. 4 Amend KCC 11.06.660 Wetland Mitigation Banks A. Condition of approval. As a condition of any approval allowing alteration of wetlands or wetland buffers, or as an enforcement action, the director shall require that the applicant engage in the restoration, creation, or enhancement of wetlands and their buffers in order to offset the impacts resulting from the applicant’s or violator’s actions. The applicant shall develop a plan that provides for construction, maintenance, and monitoring of replacement wetlands or buffers and, as appropriate, land acquisition that re-creates as nearly as practicable or improves the original wetlands in terms of acreage, function, geographic location, and setting. Compensatory mitigation plans shall be consistent with Wetland Mitigation in Washington State – Part 2: Developing Mitigation Plans – Version 1 (Ecology Publication No. 06-06-011b, Olympia, WA, March 2006 or as revised) and Selecting Wetland Mitigation Sites Using a Watershed Approach (Western Washington) (Publication No. 09-06-32, Olympia, WA, December 2009), and may incorporate guidance from Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington (Ecology Publication No. 10-06-011, Hruby, 2012). B. Goal. The overall goal of any compensatory mitigation project shall be no net loss of overall wetland acreage or function and to replace any wetland area lost with wetland(s) and buffers of equivalent functions and values. Compensation shall be completed prior to wetland destruction, where practicable. Compensatory mitigation programs shall incorporate the standards and requirements contained in KCC 11.06.550 and 11.06.560. C. Preference of mitigation actions. Mitigation for lost or diminished wetland and buffer functions shall rely on the types below in the following order of preference: 5 Amend KCC 11.06.660 Wetland Mitigation Banks 1. Restoration (re-establishment and rehabilitation) of wetlands: a. The goal of re-establishment is returning natural or historic functions to a former wetland. Re-establishment results in a gain in wetland acres and functions. Activities could include removing fill material, plugging ditches, or breaking drain tiles. b. The goal of rehabilitation is repairing natural or historic functions of a degraded wetland. Rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. Activities could involve breaching a dike to reconnect wetlands to a floodplain. 2. Establishment (creation) of wetlands on disturbed upland sites such as those with vegetative cover consisting primarily of nonnative species. Establishment results in a gain in wetland acres. This should be attempted only when there is an adequate source of water and it can be shown that the surface and subsurface hydrologic regime is conducive to the wetland community that is anticipated in the design. a. If a site is not available for wetland restoration to compensate for expected wetland or buffer impacts, the approval authority may authorize creation of a wetland and buffer upon demonstration by the applicant’s qualified wetland scientist that: i. The hydrology and soil conditions at the proposed mitigation site are conducive for sustaining the proposed wetland and that creation of a wetland at the site will not likely cause hydrologic problems elsewhere; 6 Amend KCC 11.06.660 Wetland Mitigation Banks ii. The proposed mitigation site does not contain invasive plants or noxious weeds or that such vegetation will be completely eradicated at the site; iii. Adjacent land uses and site conditions do not jeopardize the viability of the proposed wetland and buffer (e.g., due to the presence of invasive plants or noxious weeds, stormwater runoff, noise, light, or other impacts); and iv. The proposed wetland and buffer is designed to be self-sustaining with little or no long-term maintenance. 3. Enhancement of significantly degraded wetlands in combination with restoration or creation. Enhancement should be part of a mitigation package that includes replacing the altered area and meeting appropriate ratio requirements. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention, or wildlife habitat. Enhancement alone will result in a loss of wetland acreage and is less effective at replacing the functions lost. Applicants proposing to enhance wetlands or associated buffers shall demonstrate: a. How the proposed enhancement will increase the wetland’s or the buffer’s functions; b. How this increase in function will adequately compensate for the impacts; and c. How all other existing wetland functions at the mitigation site will be protected. 7 Amend KCC 11.06.660 Wetland Mitigation Banks D. Acreage replacement and enhancement ratio. Wetland alterations shall be replaced or enhanced using the formulas in the table below; however, the director may choose to double mitigation ratios in instances where wetlands are filled or negatively affected as a result of code violations. The first number specifies the acreage of wetlands requiring replacement and the second specifies the acreage of wetlands altered. These ratios do not apply to remedial actions resulting from illegal alterations. Category and Type of Wetland Impacts Re-establishment or Creation Re-establishment or Creation (R/C) and Enhancement (E) Category IV 1.5:1 1:1 R/C and 1:1 E Category III 2:1 1:1 R/C and 2:1 E Category II 3:1 1:1 R/C and 4:1 E Category I 6:1 1:1 R/C and 10:1 E Category I Wetlands of High Conservation Value Not considered possible R/C Not considered possible Category I Bog Not considered possible R/C Not considered possible NOTE: Category I, II, and III wetland alterations can also be made by a combination of creation of new wetlands and enhancement of existing wetlands within the range of the ratios set out in the table so long as a minimum one to one creation ratio is met (for example, creation of new wetlands at a one and one-half to one ratio along with enhancement of existing wetlands at a ratio of five to one may be acceptable for a Category I wetland). 8 Amend KCC 11.06.660 Wetland Mitigation Banks E. Decreased replacement ratio. The director may decrease the required replacement ratio where the applicant provides the mitigation prior to altering the wetland, and a minimum acreage replacement ratio of one to one is provided. In such a case, the mitigation must be in place, monitored for three growing seasons and be deemed a success prior to allowing any alterations. F. Buffer mitigation ratios. Impacts to buffers shall be mitigated at a one to one ratio. Compensatory buffer mitigation shall replace those buffer functions lost from development. G. Wetland mitigation bank or in-lieu fee program. The city may approve mitigation banking or in-lieu fee mitigation as a form of compensatory mitigation for wetland impacts when the provisions of this chapter require mitigation and when the use of a mitigation bank or in-lieu fee program will provide equivalent or greater replacement of wetland functions and values when compared to conventional permittee- responsible mitigation. Mitigation banks and in-lieu fee programs shall only be used when it can be demonstrated that they provide significant ecological benefits, including long-term conservation of critical areas, important species, habitats, or habitat linkages, and when they are documented to provide a viable alternative to the piecemeal mitigation for individual project impacts to achieve ecosystem-based conservation goals. Mitigation banks and in-lieu fee programs shall not be used unless they are certified in accordance with applicable federal and state mitigation rules and expressly authorized through city legislative action. H. Wetland type. In-kind compensation shall be provided except that out-of-kind compensation may be accepted where: 9 Amend KCC 11.06.660 Wetland Mitigation Banks 1. The wetland system to be replaced is already significantly degraded and out-of-kind replacement will result in a wetland with greater functional value. 2. Technical problems such as exotic vegetation and changes in watershed hydrology make implementation of in-kind compensation impracticable. 3. Out-of-kind replacement will best meet identified regional goals (e.g., replacement of historically diminished wetland types). I. Advance mitigation. Mitigation for projects with pre-identified impacts to wetlands may be constructed in advance of the impacts if the mitigation is implemented according to federal rules, state policy on advance mitigation, and state water quality regulations. J. Location. Compensatory mitigation actions shall be conducted onsite or within the same sub-basin as the impact site unless the applicant can demonstrate that: 1. The hydrology and ecosystem of the original wetland and those who benefit from the hydrology and ecosystem will not be substantially damaged by the onsite loss. 2. Onsite compensation is not feasible due to problems with hydrology, soils, or other factors. 3. Compensation is not practical due to potentially adverse impacts from surrounding land uses. 10 Amend KCC 11.06.660 Wetland Mitigation Banks 4. Existing functional values at the site of the proposed restoration are significantly greater than lost wetland functional values. 5. Adopted goals for flood storage, flood conveyance, habitat, or other wetland functions have been established and strongly justify location of compensatory measures at another site. K. Offsite compensation. Offsite compensation shall occur within the Green River watershed, unless: 1. Established watershed goals for water quality, flood storage or conveyance, habitat, or other wetland functions have been established by the city and strongly justify location of mitigation at another site; 2. Credits from a state-certified wetland mitigation bank are used as compensation, and the use of credits is consistent with the terms of the certified bank instrument; or 3. Fees are paid to an approved in-lieu fee program to compensate for the impacts. L. Offsite compensation site selection. When considering offsite mitigation, preference should be given to using alternative mitigation, such as a mitigation bank, an in-lieu fee program, or advanced mitigation. Applicants shall pursue siting in the following order of preference: 1. Upland sites which were formerly wetlands or significantly degraded wetlands. Such wetlands are typically small; have only one 11 Amend KCC 11.06.660 Wetland Mitigation Banks wetland class; and have one dominant plant species or a predominance of exotic species. 2. Idle upland sites generally having bare ground or vegetative cover consisting primarily of exotic introduced species, weeds, or emergent vegetation. 3. Other disturbed upland. M. Timing. Where feasible, compensatory projects shall be completed prior to activities that will disturb wetlands, or immediately after activities that will temporarily disturb wetlands, or prior to use or occupancy of the activity or development which was conditioned upon such compensation. Construction of compensation projects shall be timed to reduce impacts to existing fisheries, wildlife, and flora. N. Completion of mitigation construction. On completion of construction, any approved mitigation project must be signed off by the applicant’s qualified professional and approved by the department. A signed letter from the professional will indicate that the construction has been completed as approved, and approval of the installed mitigation plan will begin the monitoring period if appropriate. 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 12 Amend KCC 11.06.660 Wetland Mitigation Banks 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 five (5) days from and after its passage and publication, as provided by law. SUZETTE COOKE, MAYOR ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2017. APPROVED: day of , 2017. PUBLISHED: day of , 2017. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) KIMBERLEY A. KOMOTO, CITY CLERK Agenda Item: Consent Calendar – 7I_ TO: City Council DATE: June 20, 2017 SUBJECT: First Addendum to ShoWare Arena Naming Agreement – Authorize SUMMARY: The current Naming Rights Agreement terminates in July of 2019. This Amendment will extend the Term of the Agreement to 2029, and includes additional Naming Sponsor fees as outlined in an updated Exhibit 1 to the Agreement. ShoWare has been acquired by another company, Accesso. Under the terms of the current Arena Naming Agreement, ShoWare or its parent company may request a name change to the Arena. Now that it has acquired ShoWare, Accesso has requested to change the name of the ShoWare Center to the “Accesso ShoWare Center.” This Amendment recognizes that name change. The Amendment also removes the requirement that ShoWare be responsible for the costs related to the removal of existing signage and the installation of new signage. In consideration of this, ShoWare has agreed to remove its $1.25 “Print-at-Home” fee currently required under the Ticket System User Agreement for approximately a 42 month period. The Amendment also sets the stage for negotiations for the use of ShoWare’s Siriusware point-of-sale system at the ShoWare Center. EXHIBITS: First Amendment, with Exhibit 1 RECOMMENDED BY: Economic and Community Development Committee YEA: Berrios, Budell NAY: BUDGET IMPACT: None MOTION: Authorize the Mayor to sign an agreement with VisionOne/ShoWare and Thunderbird Hockey Enterprises amending the Arena Naming Agreement, subject to final contract terms and conditions acceptable to the Economic & Community Development Director and the City Attorney. This page intentionally left blank. FIRST AMENDMENT TO ARENA NAMING AGREEMENT BETWEEN THE CITY OF KENT, THUNDERBIRD HOCKEY ENTERPRISES, AND SHOWARE This First Amendment to the Arena Naming Agreement between Thunderbird Hockey Enterprises, LLC, a Washington limited liability corporation (“Team”), City of Kent, a Washington municipal corporation (“City”), and VisionOne, d/b/a/ “ShoWare,” a California corporation (“ShoWare” or “Naming Sponsor”) is effective __________, and amends the Arena Naming Agreement (“Agreement”) the parties entered on May 27, 2009. This First Amendment to the Agreement also serves as the Team’s and City’s written consent for ShoWare’s requested change to the Arena Name. 1. Arena Name Change The Arena Naming Agreement includes a provision that addresses ShoWare’s right to change the Arena Name. Section 5 of the Agreement, entitled “Future Name Change,” requires the Team and the City to consent to a name change if certain conditions are met and to evidence their consent in writing. After having been acquired by “accesso,” ShoWare has requested to change the Arena Name to the “accesso ShoWare Center at Kent.” By executing this Amendment, the Team and the City express consent to this name change. Pursuant to Section 5, paragraph (c) of the Agreement, the new name shall become the Arena Name for all purposes of the Agreement, including the licenses granted for use of the Arena Name. 2. Amendments to Arena Naming Agreement This Amendment also amends the Agreement. All other provisions of the Agreement that are not inconsistent with the Amendment shall remain in effect. For valuable consideration and mutual consent of the parties, the Agreement is modified as follows: a. Section 1 of the Agreement, “Definitions” is amended as follows: “Arena Name” means “accesso ShoWare Center at Kent.” b. A new definition is added to Section 1 of the Agreement, “Definitions” as follows: “Point-of-Sale and Ticketing Integration Contract” shall mean the contractual agreement to be entered into by City and ShoWare, or its affiliate, pursuant to which the City shall agree to use Siriusware point-of-sale products and solutions exclusively during the entire term of this Agreement. c. A subsection (f) is added to Section 3, “Naming Sponsor” as follows: (f) As additional consideration for entering into this Agreement, City and ShoWare will negotiate directly to execute a Point-of-Sale and Ticketing Integration Contract, and pursuant thereto, City will exclusively use ShoWare’s Siriusware for all events at the Arena throughout the Term of this Agreement, or unless terminated earlier as provided for in this Agreement. d. Section 2 of the Agreement, “Term” is amended by deleting the reference to July 31, 2019, and replacing that date with July 31, 2029. Section 2 will now read as follows: Term. This Agreement shall take effect on the Effective Date and shall terminate on July 31, 2029 (“Term”), unless sooner terminated or extended in accordance with the provisions set forth in this Agreement. e. Section 5 of the Agreement, paragraph (b) is amended as follows: 39 (b) If all of the conditions of this Section 5 are satisfied, then the Team and City agree that they will consent to the change of the name of the Arena. The Team and City agree to evidence their consent in writing within thirty (30) days of the satisfaction of the above conditions. All costs associated with any name change will be the sole responsibility of ShoWare or its successor, including those costs identified above in Sections 3 and 4, and specifically including, without limitation, all costs related to removal of existing signage and design, fabrication, and installation of new signage. However, in consideration of the ten (10) year extension to the Agreement, the City will be responsible for the costs related to the removal of existing signage and design, fabrication, and installation of new signage associated with the first name change of the Arena. The City’s financial responsibility for removing and replacing the signage will not exceed $_________. ShoWare will be responsible for all such costs associated with any subsequent name change. ShoWare will further be responsible for reasonable replacement cost of any pre-printed or pre-produced stationary, brochures, promotional materials, tickets, advertising or marketing materials, and any pre-produced or constructed goods or products intended for sales and marketing purposes by either the Team or the City, but only if the Team or the City could not, in good faith, have avoided those costs. f. Exhibit 1, “Naming Sponsor Fees,” attached to the Agreement is replaced with the updated Exhibit 1, attached hereto. In witness, the parties below have executed this First Amendment, which will become effective on ______________. This First Amendment may be signed in counterparts. THUNDERBIRD HOCKEY ENTERPRISES, LLC By Its Date VisionOne, Inc., d/b/a “ShoWare” By Its Date CITY OF KENT By Its Date 40 EXHIBIT 1 Naming Sponsor Fees Year One: August 1, 2017—July 31, 2018 (Total Payment: $300,000.00) Installments: Aug. 1, 2017--$75,000.00 Nov.1, 2017--$75,000.00 Feb. 1, 2018--$75,000.00 May 1, 2018--$75,000.00 Year Two: August 1, 2018—July 31, 2019 (Total Payment: $300,000.00) Installments: Aug. 1, 2018--$75,000.00 Nov.1, 2018--$75,000.00 Feb. 1, 2019--$75,000.00 May 1, 2019--$75,000.00 Year Three: August 1, 2019—July 31, 2020 (Total Payment: $300,000.00) Installments: Aug. 1, 2019--$75,000.00 Nov.1, 2019--$75,000.00 Feb. 1, 2020--$75,000.00 May 1, 2020--$75,000.00 Year Four: August 1, 2020—July 31, 2021 (Total Payment: $300,000.00) Installments: Aug. 1, 2020--$75,000.00 Nov.1, 2020--$75,000.00 Feb. 1, 2021--$75,000.00 May 1, 2021--$75,000.00 Year Five: August 1, 2021—July 31, 2022 (Total Payment: $300,000.00) Installments: Aug. 1, 2021--$75,000.00 Nov.1, 2021--$75,000.00 Feb. 1, 2022--$75,000.00 May 1, 2022--$75,000.00 Year Six: August 1, 2022—July 31, 2023 (Total Payment: $300,000.00) Installments: Aug. 1, 2022--$75,000.00 Nov.1, 2022--$75,000.00 Feb. 1, 2023--$75,000.00 May 1, 2023--$75,000.00 Year Seven: August 1, 2023—July 31, 2024 (Total Payment: $300,000.00) Installments: Aug. 1, 2023--$75,000.00 Nov.1, 2023--$75,000.00 Feb. 1, 2024--$75,000.00 May 1, 2024--$75,000.00 41 Year Eight: August 1, 2024—July 31, 2025 (Total Payment: $300,000.00) Installments: Aug. 1, 2024--$75,000.00 Nov.1, 2024--$75,000.00 Feb. 1, 2025--$75,000.00 May 1, 2025--$75,000.00 Year Nine: August 1, 2025—July 31, 2026 (Total Payment: $300,000.00) Installments: Aug. 1, 2025--$75,000.00 Nov.1, 2025--$75,000.00 Feb. 1, 2026--$75,000.00 May 1, 2026--$75,000.00 Year Ten: August 1, 2026—July 31, 2027 (Total Payment: $300,000.00) Installments: Aug. 1, 2026--$75,000.00 Nov.1, 2026--$75,000.00 Feb. 1, 2027--$75,000.00 May 1, 2027--$75,000.00 Year Eleven: August 1, 2027—July 31, 2028 (Total Payment: $300,000.00) Installments: Aug. 1, 2027--$75,000.00 Nov.1, 2027--$75,000.00 Feb. 1, 2028--$75,000.00 May 1, 2028--$75,000.00 Year Twelve: August 1, 2028—July 31, 2029 (Total Payment: $300,000.00) Installments: Aug. 1, 2028--$75,000.00 Nov.1, 2028--$75,000.00 Feb. 1, 2029--$75,000.00 May 1, 2029--$75,000.00 42 Agenda Item: Consent Calendar – 7J_ TO: City Council DATE: June 20, 2017 SUBJECT: Consultant Services Agreement with Futurewise for Multi-Family Rental Housing Inspection Program – Authorize SUMMARY: In the 2017-2018 biennial budgets, the City Council authorized funding to develop a Multifamily Housing Inspection Program in 2017. The purpose of this program will be to protect the public health safety and welfare of tenants by encouraging the property maintenance of residential rental housing. With input from stakeholders Code Enforcement published a Request for Proposals in early May, seeking qualified assistance with community outreach and program development. A consultant team headed by Futurewise was selected. The team will also include Living Well Kent and the Safranek Group. The team will work with City staff, beginning with a series of stakeholder and community outreach meetings that will be held this summer and into the fall. Information gathered in these meetings will inform program development, which will take place during the fall and winter of this year. Legislation is expected to be presented to the ECDC and City Council near the end of the year. Consistent with the Council authorized budget amount, this consultant services agreement will not exceed $88,000. This agreement requires authorization by the full City Council. EXHIBITS: Contract RECOMMENDED BY: Economic & Community Development Committee YEA: Berrios, Budell NAY: BUDGET IMPACTS: Approved in 2017 Budget MOTION: Authorize the Mayor to sign the 2017 Consultant Service Agreement with Futurewise to provide assistance with community outreach and program development for the Multifamily Housing Inspection Program, not to exceed $88,000, subject to final terms and conditions acceptable to the City Attorney and Economic and Community Development Director. This page intentionally left blank. City of Kent Contract 1 Futurewise P:\ADMIN\CONTRACTS\Futurewise\2017\Contract - Futurewise.docx CONSULTANT SERVICES AGREEMENT between the City of Kent and Futurewise THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Futurewise, a non-profit, organized under the laws of the State of Washington, located and doing business at 816 2nd Ave, Ste 200, Seattle, WA 98104, 206-343-0681 (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: Multifamily rental housing inspection program services provided to Kent and described in the attached Exhibit A. Not to exceed $88,000 for the year and to expire as of December 31, 2017. 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, 2017. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Eighty-Eight Thousand and 00/100 Dollars ($88,000.00), 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. 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: City of Kent Contract 2 Futurewise P:\ADMIN\CONTRACTS\Futurewise\2017\Contract - Futurewise.docx A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant’s services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant’s services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. City of Kent Contract 3 Futurewise P:\ADMIN\CONTRACTS\Futurewise\2017\Contract - Futurewise.docx 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. City of Kent Contract 4 Futurewise P:\ADMIN\CONTRACTS\Futurewise\2017\Contract - Futurewise.docx C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page 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. City of Kent Contract 5 Futurewise P:\ADMIN\CONTRACTS\Futurewise\2017\Contract - Futurewise.docx 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: Christopher Wierzbicki Its: Executive Director DATE: CITY OF KENT: By: (signature) Print Name: Suzette Cooke Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Christopher Wierzbicki Futurewise 816 2nd Ave, Ste 200 Seattle, WA 98104 206-343-0681 (telephone) NOTICES TO BE SENT TO: CITY OF KENT: Matt Gilbert City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5435 (telephone) APPROVED AS TO FORM: Kent Law Department EEO COMPLIANCE DOCUMENTS 6 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 7 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 8 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 9 EXHIBIT A Scope of Work (See following pages) City of Kent Scope of Work: Multifamily Rental Housing Inspection Program Futurewise – Living Well Kent – Safranek Group, LLC Contact Information:  Futurewise – Project Management Lead; Data/Mapping and Program Coordination Contact: Christopher Wierzbicki, Executive Director 816 2nd Avenue, Suite 200, Seattle, WA 98104 Phone: 206-343-0681 Email: Chris@futurewise.org  Living Well Kent – Outreach Coordination Contact: Shamso Issak, Executive Director 10605 SE 240th St, Suite 232, Kent, WA 98031 Phone: 253-457-2964 Email: Shamso.Issak@hotmail.com  Safranek Group, LLC – Program and Policy Advisor Contact: Jim Safranek, Owner 5217 Kensington Place North, Seattle, WA 98103 Phone: 206-632-7918 Email: jim@safranekgroup.com Project Scope The scope of this project is to develop a multifamily rental housing inspection program for the city of Kent that will protect the public health, safety, and welfare of tenants by encouraging the proper maintenance of residential rental housing. At a minimum, the program will: ensure that Kent’s rental housing stock meets specific life and fire safety standards; promote compliance with these standards so that the health and safety of tenants is not jeopardized; and increase awareness and sharing of information relating to rental housing standards between existing and future rental property owners, property managers, landlords and tenants. The plan of action for developing the program will involve concurrently investigating and documenting three sources of information:  Input from the renter community obtained through various methods of public outreach and engagement;  Analysis of rental and code enforcement data from the city’s database and other relevant sources; and,  A review of existing rental inspection programs around the region and state. Task 1: Data Analysis – June 12-September 30 As outlined in the attached project schedule, the initial phase of work involves a review of existing data that will help inform the project development. Futurewise will lead this work, with assistance from the city of Kent staff. Relevant data such as rental housing locations, age of housing stock, and history of code violations will obtained from the city and other sources and explored for use in determining program goals and shaping the community engagement effort. Deliverables associated with this element of the work include draft and final maps, and other relevant representations of pertinent data as agreed upon by the City and Futurewise. The development of valuable mapping or other data representations is entirely dependent of the availability and suitability of relevant data. At a minimum, this phase of the work intends to outline the high-level geography of rental housing in Kent, and to ensure that vulnerable populations living in rental housing are involved in the community engagement process. Key Milestone Dates:  Draft Data Summary – August 11;  Final Data Summary – September 15 Task 2: Community Outreach – June 12-September 30 Task 2 of this project involves development of a community outreach and engagement plan, partially based upon the data and mapping results. The intent of this element of the work is to ensure that community concerns are placed at the core of the final program. Living Well Kent (LWK) will lead this work with assistance from the remainder of the project team, and will engage diverse communities of Kent residents to work towards shared outcomes that will make a significant impact on individuals living in unsafe and unhealthy homes in the city of Kent. The outreach will consist of roundtable meetings and forums. Roundtable meetings are smaller, strategic meetings made up of 10-15 LWK community liaisons that will meet bi- weekly or monthly (depending on the need). These smaller group meetings are intended to help outline the larger outreach effort for the 3 larger community-focused forums, and to plan strategies for mobilizing and engaging the larger community. They will also help identify the rental area “hotspots”, and recruit people from specific apartment buildings to participate in forums. During the early roundtable meetings, the group will develop the outreach plan – which will document the process outlined above for review and approval prior to engagement. The 3 Engagement Forums are expected to be held in Kent East Hill, Kent West Hill and Kent Valley, and are targeted to reach 45-60 participants at each meeting, representing diverse communities. We anticipate that there will be approximately 60 Kent residents from diverse communities in each forum, including representatives from communities of low income, immigrant and non-English speaking refugees (Spanish, Somali, Arabic, Swahili, French, Punjabi, Vietnamese, Chin and Burmese.) Resources and support intended to remove barriers to community participation, such as transportation and childcare, will be made available at no cost to residents. A secondary goal of this effort will be to generate a community of advocates that will support the program recommendations during the Council review and approval process. Deliverables associated with this element of the work include a Community Outreach Plan, and an Outreach Summary. Key Milestone Dates:  Draft Outreach Plan – July 14;  Outreach Summary – September 15 Task 3: Policy Research and Program Development – July 1-December 30 Task 3 of this scope of work involves research of existing rental inspection programs (Tukwila, Bellingham, Pasco, etc.), and the development of rental inspection program recommendations based on the previous phases of the work. This work will be performed as a team, with Futurewise, Jim Safranek and HDC performing research and program development roles. The deliverables associated with this element of the work include a draft and final summary of findings on existing programs, and a draft and final rental inspection program outline. The team anticipates that the city of Kent staff will play a significant role in defining the shape of the final program, which will be based upon their implementation capacity. The final program recommendations will take the form of legislation that can be reviewed and approved by the Kent City Council. Both the landlord and tenant community will have reason to be concerned about the program, which are likely to be voiced throughout the duration of the project. Landlords will be concerned about the cost of inspections, and the cost of compliance. Tenants are likely to voice skepticism that the program will address their issues, and will also be concerned about the potential for rising rents once the units are brought into compliance. The project team will document all of the comments, concerns, and suggestions voiced at community meetings, in an attempt to represent a well-balanced summary for use in the program development. However, the team’s focus – with the city staff’s consent, is to develop a program that addresses safety issues, preserves quality of life, and preserves affordability for vulnerable rental populations in Kent. Key Milestone Dates:  Draft Policy Findings – September 29;  Final Policy Findings – October 20;  Draft Policy – November 3  Final Policy – November 17  Presentation to City Council – December TBD Project Management Futurewise will act as the project lead, coordinating internal meetings of the project team, monthly meetings with city staff, ensuring timely completion of deliverables, and managing the invoicing process. The timeline and deliverables are anticipated to be modified as the project progresses, with input from the city and the project team. This scope of work does not propose to ensure that the developed legislation will be approved by the Kent City Council, nor does it include implementation of the rental inspection program, including but not limited to: developing a program website; creating forms or work flows for inspection processes; analyzing resources necessary for implementing the program; developing program messaging for the public or targeted audiences, etc. Proposed Project Budget Expense Item Amount Notes Futurewise staff $37,500 (fixed) Project management; data and mapping coordination Living Well Kent staff $20,000 (fixed) Outreach coordination Safranek Group, LLC $12,000 (not to exceed) Policy and program technical support; building code expertise Community Support $2,500 (not to exceed) Support for community member engagement (travel, childcare, food and drink expenses) Consultant Services $3,500 (not to exceed) Translation; graphic assistance Supplies $2,000 (not to exceed) Facility rental (if necessary); meeting materials; printing Travel $2,500 (not to exceed) City meetings; outreach meetings Contingency $8,000 (not to exceed) 10% of contract value Total $57,500 Fixed $30,500 (not to exceed)* HDC Staff Donated Hours $9,600 Approximate value of donated staff hours *The project team, working in consultation with the city of Kent staff, may come to agreement that not to exceed line items may be interchangeable if documented and agreed upon in writing prior to expenditure. Invoices will be submitted monthly. EXHIBIT B 10 EXHIBIT B Insurance (See following pages) The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes,describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) 6/1/2017 JD Fulwiler & Co. Insurance, Inc. 5727 SW Macadam Ave PO Box 69508 Portland OR 97239 Bari Smith (503)293-8325 (503)293-5418 bsmith@jdfulwiler.com Futurewise, Inc. 816 Second Avenue, Suite 200 Seattle WA 98104 Alliance of NonProfits for Ins 10023 16/17 A X X X 201614010 8/20/2016 8/20/2017 1,000,000 500,000 20,000 Excluded 2,000,000 2,000,000 Liquor Liability 1,000,000 A X X 201614010 8/20/2016 8/20/2017 Non-owned 1,000,000 A (Wa Stop Gap) 201614010 8/20/2016 8/20/2017 1,000,000 1,000,000 1,000,000 A Social Services 201614010 8/20/2016 8/20/2017 Aggregate Limit 1,000,000 Professional Liability Each Occurrence Limit 1,000,000 All operations of the named insured subject to policy terms, conditions and exclusions. Bari Smith/BARI * Informational Only * POLICY NUMBER:COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION – PERMITS OR AUTHORIZATIONS CG 20 12 04 13 2016-14010 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II – Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or "property damage" included within the "products-completed operations hazard". A. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Any state or political subdivision that issues a permit or authorization to the named insured. © Insurance Services Office, Inc., 2012 Page 1 of 1CG 20 12 04 13 POLICY NUMBER:COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS CG 20 37 04 13 2016-14010 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. All insured premises and operations. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and A. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. © Insurance Services Office, Inc., 2012 Page 1 of 2CG 20 37 04 13 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 Page 2 of 2CG 20 37 04 13 POLICY NUMBER: 2016-14010 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT FOR PUBLIC ENTITIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION II – WHO IS AN INSURED is amended to include any public entity as an additional insured for whom you are performing operations when you and such person or organization have agreed in a written contract or written agreement that such public entity be added as an additional insured(s) on your policy, but only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused, in whole or in part, by: 1. Your negligent acts or omissions; or 2. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations. No such public entity is an additional insured for liability arising out of the “products-completed operations hazard” or for liability arising out of the sole negligence of that public entity. A. With respect to the insurance afforded to these additional insured(s), the following additional exclusions apply. This insurance does not apply to “bodily injury” or “property damage” occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of “your work” out of which injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. B. The following is added to SECTION III – LIMITS OF INSURANCE: The limits of insurance applicable to the additional insured(s) are those specified in the written contract between you and the additional insured(s), or the limits available under this policy, whichever are less. These limits are part of and not in addition to the limits of insurance under this policy. C. With respect to the insurance provided to the additional insured(s), Condition 4. Other Insurance of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance a. Primary Insurance This insurance is primary if you have agreed in a written contract or written agreement: (1) That this insurance be primary. If other insurance is also primary, we will share with all that other insurance as described in c. below; or D. Page 1 of 2ANI-RRG-E61 12 15 (2) The coverage afforded by this insurance is primary and non-contributory with the additional insured(s)’ own insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured(s) has been added as an additional insured or to other insurance described in paragraph b. below. b. Excess Insurance This insurance is excess over: 1. Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder’s Risk, Installation Risk or similar coverage for “your work”; (b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for “property damage” to premises temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, “autos” or watercraft to the extent not subject to Exclusion g. of SECTION I – COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE. (e) That is any other insurance available to an additional insured(s) under this Endorsement covering liability for damages arising out of the premises or operations, or products- completed operations, for which the additional insured(s) has been added as an additional insured by that other insurance. (1) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured(s) against any “suit” if any other insurer has a duty to defend the additional insured(s) against that “suit”. If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured(s)’ rights against all those other insurers. (2) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other insurance. (3) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Methods of Sharing If all of the other insurance available to the additional insured(s) permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any other the other insurance available to the additional insured(s) does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer’s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Page 2 of 2ANI-RRG-E61 12 15 Agenda Item: Consent Calendar – 7K_ TO: City Council DATE: June 20, 2017 SUBJECT: Security Patrol Contract for Watersheds – Authorize SUMMARY: The security contractor will conduct nightly security patrols, Monday through Friday, a minimum of three (3) patrol visits to each site. On Saturdays, Sundays and City of Kent holidays (10 per year) the contractor will conduct a minimum of three (3) patrols per day. The goal is to provide consistent coverage, particularly at night. EXHIBITS: Goods and Services Agreement RECOMMENDED BY: Public Works Committee YEA: Fincher, Ralph, Higgins NAY: N/A BUDGET IMPACTS: This agreement will be paid for out of the Water Fund. MOTION: Authorize the Mayor to sign a contract with Washington Patrol Division for security patrol of the City water sheds (Clark Springs, Kent Springs and Armstrong Springs) in an amount not to exceed $35,100 subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. GOODS & SERVICES AGREEMENT between the City of Kent and Washington Patrol Division THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Washington Patrol Division organized under the laws of the State of Washington, located and doing business at 3900 E. Valley Road, Suite 101, Renton, WA 98057, Phone: (425) 251-0898, Contact: Natalie LaZarte (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall conduct security patrol visits to Clark Springs, Kent Springs and Armstrong Spring Watersheds. For a description and the Vendor's proposal, see Exhibit A which is attached and incorporated by this reference. Vendor acknowledges and understands that it is not the City’s exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TERM AND OPTION TO RENEW. This Agreement shall commence on July 1, 2017 and shall end on June 30, 2018. The City shall have the option to renew this Agreement for up to three (3) additional one (1) year periods under the same terms and conditions unless the City provides thirty (30) days prior notice of its intent not to renew. The provisions of this Section II shall not alter or affect the Parties’ Section VI rights to terminate this Agreement. III. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by June 30, 2018. IV. COMPENSATION. The City shall pay the Vendor an amount not to exceed Thirty Five Thousand, One Hundred Dollars ($35,100.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Security patrols shall be scheduled upon execution of this agreement. Vendor shall submit a billing invoice the first day of each consecutive month. The City shall pay upon receipt an amount not to exceed $2,925.00 per month unless agreed upon by the Vendor and the City of Kent Water Division. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR’S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. V. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor’s services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor’s services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. VI. 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. VII. 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. VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR’S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor’s representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor’s receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. XI. 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. XII. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor’s part, then Vendor shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Vendor’s part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. 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. XIV. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Suzette Cooke Its Mayor DATE: NOTICES TO BE SENT TO: VENDOR: Natalie LaZarte Washington Patrol Division 3900 E. Valley Rd., Suite 101 Renton, WA 98057 (425) 251-0898 (telephone) (253) 479-6627 (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Timothy J. LaPorte, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department Washington Patrol Division - Watershed 2017/Reed EEO COMPLIANCE DOCUMENTS - 1 of 3 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 3 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ Scope of Work City of Kent Water Department Watershed Security Patrols Patrol Times: Nightly, Monday through Friday, security contractor will conduct a minimum of three (3) patrol visits with the patrol times, in general, around 8pm, midnight, and 4am, plus or minus an hour. On Saturdays, Sundays and City of Kent holidays (10 per year, see attached), conduct a minimum of three (3) patrols per day, as above, but around 4am, 6pm, and 11pm, plus or minus an hour. The goal is to evenly space patrols for consistent coverage, particularly at night, while remaining random and unpredictable. Patrol Duration: It is expected each site patrol should last approximately 10-15 minutes for the water sites. Key Information: Required key for facilities: E6 Key - Opens all gates only at the water sites. If a door, vault or other structure is found unlocked the security firm will notify City personnel and standby until arrival. If a gate is found open the firm shall lock the gate and place incident in the weekly report. If damage is found firm will contact City personnel. Patrols units will be issued an E6 Key for the water sites. The number of keys issued will depend on the Security firms request but will not exceed (4) four keys. All keys issued will be signed out by Security firm and returned upon request or contract end date. If a key is lost the Security firm shall notify the City immediately. Major Security Concerns: Ensure that the main perimeter fence, gate entrance(s), and inner gates are all free from damage, secured, closed and locked. Ensure that all the doors in all buildings and hatches to all the vaults are closed and locked. Check for any evidence of tampering, forced entry, vandalism, or other damage. Check that exterior lighting is working. All doors to the buildings and the vaults are alarmed. If a patrol finds a door or vault unlocked and opens it, the alarm will be recorded and City of Kent personnel automatically notified. If doors are found unlocked or open, immediately inform Kent Water personnel using the list below, starting with Sean Bauer, City of Kent Water Superintendent and standby until arrival of City personnel. Please Note: Keep all main gates closed at all times except in the process of entering and exiting facility. While on site, outermost gates at all sites must be closed behind you after entering and exiting. This discourages people from following and eliminates animals (deer) from leaving through the gate into the roadway. Problem Reporting: Any and all unusual circumstances should be reported immediately to Kent personnel and/or police as listed below: Please call 911 for immediate life threating emergencies. After hour’s contacts: EXHIBIT A Water Sites: Sean Bauer (Water Manager) (253) 740-7089 Cell or (253) 347-8143 Jim Reed (Water Division Supervisor) (253) 740-1884 Work Cell (253) 777-5987 Home Shawn Ralph Water Division (253) 850-8331 Home (253) 740-7120 Work Cell If none of the above answers directly, patrols shall call 911; Dispatch will record information, contact an employee from the Water Department and have them return the call. For police response call City of Kent dispatch, Valley-Com, at 911. If 911 is called from out of the Kent City area or on a cell phone, security personnel will specify they want Valley- Com or dial their direct number for out of area - 253-852-2121. Security personnel will let the dispatcher know the name and address of the site and specify that it is City of Kent property, directly requesting that City of Kent Police be involved. If an intruder is thought to be in the vicinity, a police K-9 unit can also be requested. Normal Reporting: Each exterior building door and at least (2) points along perimeter fencing at each location shall have electronic means (supplied by security firm) to record a date and time stamp. This will show actual visitation for required weekly reporting. As of now there are approx. (12) doors between the three sites that will be monitored at the water sites. A regular weekly report of all sites shall be emailed each Monday morning in a spreadsheet format detailing: 1. Site Location and reporting period 2. Security officer name(s) 3. Check time at each checkpoint, Note; each check point is required to be identified. Example; East door, main building or SE 284TH fence east/west 4. Any additional comments to be added in report, Example; light out NE corner of main building. This report shall be emailed each Monday morning to Jim Reed at jreed@kentwa.gov for water sites. Below is the current Public Works hours of operation and contact information Monday through Friday, 07:00-16:00 253 856 5600 Jim Reed (Water Facilities Supervisor) jreed@kentwa.gov (253) 856-5667 Office (253) 740-1884 Cell Site Specifics: Clark Springs Watershed 24875 Kent Kangley Road Ravensdale, Washington Directions: Starting from the SR-18 exit or SR-169 (Maple Valley Hwy), turn east on 272nd Street (also known as SR-516 or Kent Kangley Road). Drive east until you reach Summit Landsburg Road. At this point, the Clark Springs Watershed fence begins on the right or south side of the road. The site is identified as belonging to the City of Kent and both sides of the street are City of Kent property. Procedures: Drive the entire perimeter fence line along Kent Kangley Road looking for anything unusual or any kind of damage. Enter the main gate and visually check the second interior fence. Enter the inner compound and check this fence line, all exterior doors on each structure (7 total) to ensure that they are closed and locked. Ensure the two vault-access hatches are closed and locked. Check the exterior lights for proper operation. Check for any evidence of tampering, forced entry, vandalism, or other damage. Kent Springs Watershed 28600 216th Ave SE Kent, Washington Directions: Starting from Kent Kangley/SR-516 turn south on 206th Ave SE. Crossing a set of railroad tracks and the fence begins on the left or east side of the road. This is the “lower” section. Continue south to SE 288th St and turn left. This is the “upper” section. (Alternatively, this area can also be reached by turning onto SE 288th St from SR-169/Maple Valley Black Diamond Hwy and the patrol can be run in either direction. This also makes a good route to and from Clark Springs.) Procedures: Drive entire perimeter fence along 216th Ave SE and SE 288th St looking for anything unusual or any kind of damage. At Kent Springs “Upper” or “Plateau” (SE 288th St entrance) - Two buildings are near each other on the north side of the compound with another separate on the south side. There is one vault near the two buildings and another in the northeast corner of the compound. The larger of the two buildings together has a ladder that leads to the top of the building. Be sure to check this ladder. The smaller building at this side of the property has only one door, ensure it is closed and locked. There is one gate and one vault hatch associated with these two buildings. The building on the south side has one gate and one door that need to be checked. The vault on the northeast has one gate and one vault lid. Overall, look for anything suspicious, especially signs of building entry or damage to the fences and gates. At Kent Springs “Lower” (216th Ave SE entrance) - This area has one entrance on 216th Ave Se and a secondary inner fence and gate. The main structure has four doors. Check that all four are closed and locked. Visually inspect surrounding vaults and other structures and ensure they are secure and locked. Check for any evidence of tampering, forced entry, vandalism, or other damage. At GRNRA check the nursery building for any tampering, forced entry, vandalism oor other damage. Armstrong Springs Watershed 17975 SE 275th Place Kent, WA Directions: Starting from Kent Kangley/SR-516 and Wax Rd. drive approx. ¼ mile east on Kent Kangley. Pass over Jenkins creek and take first right. City property starts within 20 feet. Site is marked with a large wooden sign. Procedure: Starting from Kent Kangley Hwy enter compound and begin checking fence on either side of access road. Enter locked gate(s) and visually inspect the continuation of fencing. You will see a building on your right as you enter the compound which is surrounded by a fence. Enter the small fenced compound; check both building doors and lighting. Continue down to the end of road way ¼ mile and you will see an identical building. Check this building gate, door and lighting as well. Other Properties: The City requires a 24/7 contact number to reach the security company to include holidays. In case of various issues that may arise, power outages, or other unusual problems, the City reserves the right to call at any time and request additional patrols at other sites. This may be negotiated on a “per visit” or other basis as determined by the agreement between the City and the security patrol company. Additional sites may include various properties east of the Clark Springs watershed. * lfî{tÏttl'ós*VIFI) Pauol PloRosal of Kent Watersheds PROPERTY 1 KENT SPRINGS WATERSHED 28600 SE 216th Ave Kent, WA PROPERTY 2 CLARK SPRINGS WATERSHED 24875 Kent Kangley RD, Ravensdale, WA PATROLS MONDAY.FRIDAY 8pm,l2am,4am PATROLS SATURDAY AND SUNDAY 4pm,6pm,11pm Vehicle/Foot Patrols A trained uniformed patrol officer with a highly visible patrol vehicle will conduct a minimum of 3 heavy emphasis patrols per daily shift Monday thru Friday with patrol times to be 8pm, 12am and 4am plus or minus an hour. Saturday and Sunday will have patrol times of 4pm, 6pm and 11pm plus or minus an hour. The officer will enter both the higher and lower plateau of the Kent Springs Water Shed checking all doors of the structured facilities and visually checking all well hatches to verify they are locked and secured. During the patrols the officer will be looking for any persons not belonging on the property while walking along the fence lines checking for any property damage to the fence. Should an incident of a security nature occur, City of Kent post order procedures will be followed. To help deter/detect theft and vandalism the officer will actively use his vehicle spotlight to illuminate areas. TPS is available for installation upon client's request. Daily reports will be emailed weekly regarding any incidents or occurrences unless immediate attention is required the report will be emailed that morning or at the end of the shift. $2925.00 / month ldd¡üonal $eruices/ilatefi als Plouided Tour Patrol System *TPS" Extra Patrols Tour Patrol Svstem "TPS" A Tour Patrol System is a system for logging the rounds of Security Officers patrolling a property. lt helps ensure that the officer makes his or her appointed rounds at the correct intervals and can offer a virtually indisputable record for legal or insurance reasons. Essentially, the system provides a means to record the time when the officer reaches certain important points on their tour (and, of course, the fact that they reached these points at all). Checkpoints are commonly placed at the extreme ends of the tour route and at critical points such as vaults, specimen refrigerators, vital equipment, access points, etc. Some systems are set so that the interval between stations is timed so if the officer fails to reach each point within a set time, other staffs are dispatched to investigate and ensure the employee's well-being. Extra Patrols Client requests for extra patrols are $75.00 per patrol. 3900 E Valley no I Suite lol I Renton wA 98057 Office 425.251.0898 Fax 253.479.6627 * This document is owned by Washington Patrol Division and any attempt to copy/modify/ and or take possession of will result in prosecution to the furthest extent of the law EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. 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 Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. Agenda Item: Consent Calendar – 7L_ TO: City Council DATE: June 20, 2017 SUBJECT: Security Patrol Contract for Green River Natural Resource Area – Authorize SUMMARY: The security contractor will conduct nightly security patrols, Monday through Friday, a minimum of three (3) patrol visits to each site. On Saturdays, Sundays and City of Kent holidays (10 per year) the contractor will conduct a minimum of three (3) patrols per day. The goal is to provide consistent coverage, particularly at night. EXHIBITS: Goods and Services Agreement RECOMMENDED BY: Public Works Committee YEA: Ralph, Fincher, Higgins NAY: N/A BUDGET IMPACTS: Funding for this agreement will come from the Storm Drainage fund. MOTION: Authorize the Mayor to sign a Security Patrol Contract with Washington Patrol Division for security patrol of the Green River Natural Resource Area in an amount not to exceed $28,800 subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. GOODS & SERVICES AGREEMENT between the City of Kent and Washington Patrol Division THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Washington Patrol Division organized under the laws of the State of Washington, located and doing business at 3900 E. Valley Road, Suite 101, Renton, WA 98057, Phone: (425) 251-0898, Contact: Natalie LaZarte (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall conduct security patrol visits to the Green River Natural Resources Area. For a description, see the Vendor's Proposal which is attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is not the City’s exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TERM AND OPTION TO RENEW. This Agreement shall commence on July 1, 2017 and shall end on June 30, 2018. The City shall have the option to renew this Agreement for up to three (3) additional one (1) year periods under the same terms and conditions unless the City provides thirty (30) days prior notice of its intent not to renew. The provisions of this Section II shall not alter or affect the Parties’ Section VI rights to terminate this Agreement. III. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by June 30, 2018. IV. COMPENSATION. The City shall pay the Vendor an amount not to exceed Twenty Eight Thousand, Eight Hundred Dollars ($28,800.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Security patrols shall be scheduled upon execution of this agreement. Vendor shall submit a billing invoice the first day of each consecutive month. The City shall pay upon receipt an amount not to exceed $2,400.00 per month unless agreed upon by the Vendor and the City of Kent Water Division. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR’S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. V. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor’s services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor’s services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. VI. 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. VII. 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. VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR’S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor’s representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor’s receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. XI. 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. XII. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor’s part, then Vendor shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Vendor’s part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. 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. XIV. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Suzette Cooke Its Mayor DATE: NOTICES TO BE SENT TO: VENDOR: Natalie LaZarte Washington Patrol Division 3900 E. Valley Rd., Suite 101 Renton, WA 98057 (425) 251-0898 (telephone) (253) 479-6627 (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Timothy J. LaPorte, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department Washington Patrol Division - Watershed 2017/Reed EEO COMPLIANCE DOCUMENTS - 1 of 3 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 3 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ Scope of Work City of Kent Water Department Green River Natural Resources Area (GRNRA) Security Patrols Patrol Times: Nightly, Monday through Friday, security contractor will conduct a minimum of three (3) patrol visits with the patrol times, in general, around 8pm, midnight, and 4am, plus or minus an hour. On Saturdays, Sundays and City of Kent holidays (10 per year, see attached), conduct a minimum of three (3) patrols per day, as above, but around 4am, 6pm, and 11pm, plus or minus an hour. The goal is to evenly space patrols for consistent coverage, particularly at night, while remaining random and unpredictable. Patrol Duration: It is expected each site patrol should last approximately 20-25 minutes for the GRNRA (maps for GRNRA attached). Key Information: Required key for facilities: Patrols units will be issued a DM key for the GRNRA. The number of keys issued will depend on the Security firms request but will not exceed (4) four keys. All keys issued will be signed out by Security firm and returned upon request or contract end date. If a key is lost the Security firm shall notify the City immediately. Major Security Concerns: Ensure that the main perimeter fence, gate entrance(s), and inner gates are all free from damage, secured, closed and locked. Ensure that all the doors in all buildings and hatches to all the vaults are closed and locked. Check for any evidence of tampering, forced entry, vandalism, or other damage. Check that exterior lighting is working. Any concerns found at the GRNRA notify the Wastewater contact below. Please Note: Keep all main gates closed at all times except in the process of entering and exiting facility. While on site, outermost gates at all sites must be closed behind you after entering and exiting. This discourages people from following and eliminates animals (deer) from leaving through the gate into the roadway. Problem Reporting: Any and all unusual circumstances should be reported immediately to Kent personnel and/or police as listed below: Please call 911 for immediate life threating emergencies. After hour’s contacts: GRNRA Site: Major Security Concerns: Ensure that the main perimeter fence, gate entrance(s), and inner gates are all free from damage, secured, closed and locked. Ensure that all the doors in all buildings are closed and locked. Check for any evidence of tampering, forced entry, vandalism, or other damage. Check that exterior lighting is working. EXHIBIT A Using the GRNRA Maintenance Points map, check lagoon outlet (#1 on map) – grating, gates, outlet pump and Recirculating pump (#4 on map). Check Juvenile Fish Screen (#6 on map) and Pedestrian Bridge (#8 on map). Check Weir 1, Weir 4 (#10 on map), also check towers (#11 and #14 on map). Greg Reed (Sewer/Storm Water Manager) (253) 740-6560 Rob Lovell (Wastewater Supervisor) (253) 350-5512 Jerami Blackham (Wastewater Lead) (206) 487-6842 If none of the above answers directly, patrols shall call 911; Dispatch will record information, contact an employee from the Water Department and have them return the call. For police response call City of Kent dispatch, Valley-Com, at 911. If 911 is called from out of the Kent City area or on a cell phone, security personnel will specify they want Valley- Com or dial their direct number for out of area - 253-852-2121. Security personnel will let the dispatcher know the name and address of the site and specify that it is City of Kent property, directly requesting that City of Kent Police be involved. If an intruder is thought to be in the vicinity, a police K-9 unit can also be requested. Normal Reporting: GRNRA shall have electronic means (supplied by security firm) to record a date and time stamp. It shall be mounted on the perimeter fence entrance at 64th Ave. S. & S. 216th St. A regular weekly report of all sites shall be emailed each Monday morning in a spreadsheet format detailing: 1. Site Location and reporting period 2. Security officer name(s) 3. Check time at each checkpoint, Note; each check point is required to be identified. Example; East door, main building or SE 284TH fence east/west 4. Any additional comments to be added in report, Example; light out NE corner of main building. This report shall be emailed each Monday morning to Rob Lovell at RLovell@kentwa.gov for GRNRA reports. Below is the current Public Works hours of operation and contact information Monday through Friday, 07:00-16:00 253 856 5600 Rob Lovell (Wastewater Field Supervisor) RLovell@kentwa.gov (253) 856-5641 Office (253) 350-5512 Cell Site Specifics: Green River Natural Resource Area: 22306 Russell Road Kent, WA Directions: Starting at S. 240th head north on 64th Ave. S. to S. 216th St., take left onto gravel road, gate just ahead. Also from S. 228th St. turn right onto Russell Road heading north, access points will be off to your right. Check Nursery building as well. (Maps attached). Green River Natural Resources Area Pump Station GRNRA Maintenance Points :t' rl Ill¡- -<. _J ffi iìËt.i&.ry ¡.¡ r \ ,¡4!åa RÊ'l 1. Lagoon Outlet - grating, gates, outlet pump 2. Recirculation Pump - rebuild pump 3. lrrigation Pump - pipe to mudflats 4. Recirc. Pump Valve - exercise 5. Diversion Ghannel - sensors, telemetry, box fix-up 6. Juvenile Fish Screen - grating Gate I exercise, sediment clean 7. Culvert 4A - sediment clean, gate 8. Pedestrian Bridge - replace railing 9. Culvert 3A/38 - sediment clean, rebuild electrical 10. Weir I & Weir 4 - grating/railing/ frame fix ll. S. Tower (also middle) - paint, wash 12. Future Pump Station 13. Handicap Overlook - make accessible 14. North Tower - paint, wash ] l!1! -ñ¡i . 4 oo ¡to -Îtl" a*-¡ f ..t f+Í l!!1,. f'[l' I Existing Forest Wet Forest Upland Forest Shrublands Riparian Forest Oak Forest Meadows Stream, Lakes, Rivers Legend GRNRA Boundary Emergent Marsh *tlTFï!¡TäIl*"..V\FD Green River Natural Resources Area Pauol Plorusal RNRA Vehicle/Foot Patrols A trained uniformed patrol officer with a highly visible patrol vehicle will conduct a minimum of 3 heavy emphasis patrols per daily shift Monday thru Friday with patrol times to be 8pm, 12am and 4am plus or minus an hour. saturday and sunday and city of Kent holidays will have patrol times of 4pm, 6pm and r 1pm plus or minus an hour. The officer will ensure that the main perimeter fence, gate entrance(s), and inner gates are all free from damage, sqcured, closed and locked. Ensure that all the doors ín all buildings and hatches to all the vaults are closed and locked. Check for any evidence of tampering, forced entry, vandalism, or other damage. Check that exterior lighting is working. Should an incident of a security nature occur, City of Kent post order procedures will be followed. To help deter/detect theft and vandalism the officer will actively use his vehicle spotlight to illuminate areas. TPS is available for installation upon client's request. Daily reports will be emailed weekly regarding any incidents or occurrences unless immedíate attention ís required the report will be emailed that morning or at the end of the shift. $2400.00 / month ldd¡t¡onal $e]uices/illateilat$ Ptou¡dGd Tour Patrol System "TPS' Extra Patrols Tour Patrol Svstem rrTPS" A Tour Patrol System is a system for logging the rounds of Security Officers patrolling a property. lt helps ensure that the officer makes his or her appointed rounds at the correct intervals and can offer a virtually indisputable record for legal or insurance reasons. Essentially, the system provides a means to record the time when the officer reaches certain important points on their tour (and, of course, the fact that they reached these points at all). Checkpoints are commonly placed at the extreme ends of the tour route and at critical points such as vaults, specimen refrigerators, vital equipment, access points, etc. Some systems are set so that the interval between stations is timed so if the officer fails to reach each point within a set time, other staffs are dispatched to investigate and ensure the employee's well-being. Extra Patrols Client requests for extra patrols are $75.00 per patrol. 3900 E Valley RD I Su¡te 101 | Renton wA 98057 Office 425.251.0898 Fax 253.479.6627 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. 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 Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. This page intentionally left blank. Agenda Item: Consent Calendar – 7M_ TO: City Council DATE: June 20, 2017 SUBJECT: Hawley Road Levee Franchise Agreement with WSDOT – Authorize SUMMARY: The Hawley Road Levee begins immediately west of SR-167 and terminates at Washington Avenue. The easterly portion of the Levee exists within state-owned, limited-access right-of-way. In order to construct and maintain access to the segment of the Levee located in state-owned right-of-way, the city must execute a franchise agreement with the Washington State Department of Transportation. FEMA officials have indicated that the Levee cannot be accredited by FEMA unless a maintenance agreement is executed between the Washington State Department of Transportation and City of Kent. By executing this franchise agreement the city will obtain access breaks on the west side of SR-167 for any required maintenance of both the Hawley Road Levee, and on the east side of the freeway for the Foster Park Levee. EXHIBITS: WA State Department of Transportation Franchise Agreement and attachments A and B RECOMMENDED BY: Public Works Committee YEA: Ralph, Fincher, Higgins NAY: N/A BUDGET IMPACTS: All costs associated with the agreement will be paid within the existing Operating Budget for the drainage utility. MOTION: Authorize the Mayor to sign a Utility Franchise Agreement with WSDOT for the Hawley Road Levee, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. Washington State Department of Transportation Franchise City of Kent Levee at SR- 167 Washington State Department of Transportation Franchise pursuant to Chapter 47.44 RCW THIS FRANCHISE (Franchise) is issued this _ day of ,2017, (Effective Date) by the Washington State Department of Transportation, hereafter State, to the City of Kent, a Washington municipal corporation, hereinafter City. State and City are collectively called Parties. WHEREAS, as authorized by RCW 35.21.090, the City seeks to establish a levee system in Kent, Washington that requires construction of facilities wíthin SR 167, state-owned limited access highway right of way as detailed ín Exhibit A, (Levee); and WHEREAS, the Levee will serve to protect the Kent Valley from flooding from the Green River in accordance with the City's levee certification requirements; and WHËREAS, in consideration of the purpose and function of the Levee, the State has determined that the Levee may be accommodated within SR 167, state-owned limíted access highway right of way under a franchise pursuant to chapter 47.44 RCW; and WHEREAS, the State, by separate instrument, will issue a limited access break to the City, authorizing the City to cross SR 167 boundaries at specified points for the construction and maintenance of the Levee; and WHEREAS, the Parties acknowledge and agree that, although the Levee will be constructed, in part, on state-owned limited access highway right of way, the Levee constitutes a separate City-owned facility constructed solely for City purposes, and that the State will receive no benefits from construction of the Levee as authorized under this Franchise, NOW, THEREFORË, pursuant to chapter 47.44 RCW, RCW 35.21.090, the above recitals that are incorporated herein as if set forth below, Exhibits A and B, attached hereto and by this reference made a part of this Franchise, and subject to the terms and condítions set fırth below, a nonexclusive Franchise is hereby granted to the City to construct, operate, and maintain the Levee upon and along certain portions of SR 167, a state-owned limited access highway right of way in Kent, Washington, as detailed in Exhibit A, FRANCHISE TERMS AND CONDITIONS 1. Fees. Costs. and Payments: Pursuant to WAC 468-34-A20, the State has determined that the Levee constitutes a Category 1 installation. Therefore, the City shall pay the State a Franchise fee of $500, due withín thirty (30) calendar days of execution of this Franchise by the Parties. ln addition to the Franchise fee, the City shall reimburse the State for all actual direct and related indirect costs incuned by the State under this Franchise. Such costs include, but are not limited to plan review, including review of proposed revisions to Page 1 of 9 Washington State Department of Transportation Franchise City of Kent Levee at SR- 167 plans, specifications, and calculations contained in Exhibit A, construction coordination and inspection, and adminístrative overhead. ïhe State shall provide detaifed invoices to the City for State-performed work as required under this Franchise. The City shall make payment within thirty (30) calendar days from receipt of a State invoice. 2. Plan Review: The Cíty has provided the State with its plans, specifications, and calculations for the proposed Levee, Exhibit A, and the State has reviewed the plans, specifications, and calculations. The Parties agree that State review of the City's Levee plans, specifications, and calculations shall be solely for State purposes and not for the benefit of the City or any third party and shall not be deemed to mean that the Levee design and c,onstruction is structurally sound and appropriate or meets applicable federal and state regulations, laws, or local ordinances, codes, or standards (Laws). The City affírms that it has taken all of the actions necessary and required for the construction, operation and maintenance of the Levee, including compliance with all Laws. 3. Plan lmolementation and Modifications: ïhe City shall construct the Levee as shown on Exhibit A at the City's sole expense. The State must concur, in writing, with any changes to the plans or specifications contained ín Exhibit A prior to implementing the changes to the Levee. 4. Standard Specifications: The City agrees that all material and workmanship shall conform to the Washington State Department of Transportation's Standard Specifications for Road, Bridge, and Municipaf Construction, cunent edition, and amendments thereto,(Standard Specifications) and shall be subject to State inspection. 5. Rioht of Entrv and Access: Subject to the terms of this Franchise, the State hereby grants to the City, its authorized agents, contractors, subcontractors, and employees, a right of entry upon state-owned limited access highway right of way to construct, operate and maintain the Levee. Additíonally, lhe Cíty shall comply with all terms and conditions of the límited access break, Fxhibit B, required by the State for construction, operation, and maintenance of the Levee. 6. lndependent Contractor: îhe City shall be deemed an independent contractor for all purposes under this Franchise, and the employees of the City or any of its contractors, subcontractors, consultants, and the employees thereof, shall not ín any manner be deemed to be employees or agents of the State. 7. Preconstruction Meetinq: The Parties shall hold a preconstruction conference before the City begins Levee work. The State, the City, and the City's contractor (if appficable) shall be present. 8. Constructjon Notige: The City shall notify the following State representative, in writing, at least fourteen 114) calendar days in advance of commencÍng construction work within state-owned limited access highway right of way. Additionally, for future rnaintenance of the Levee, the City shall obtain a General Permit from the State prior to performing any work within State highway right of way. Emergency maintenance work may be performed Page 2 of 9 Washington State Department of Transportation Franchise City of Kent Levee at SR- 167 without first obtaining a General Permit, provided that notification of such work is provided by the City at the earliest possible opportuníty. Slate Representative Jerry Althauser Area 4 Maintenance Superintendent 26620 68h Ave. South Kent, WA 98032 Phone (253) 37249A0 9. Construction Schedulq: The State may, at any tíme, request a construction schedule or updates, if any, thereto from the Cíty, showíng criticaldates and activities that will lead to the timely completion of the Levee. ln any event, the City shall notify the State's Representative, identified above, of any changes to the construction schedule at least fourteen ('14) calendar days in advance of implementing the change. 10 iryoü-ReSlfietlg¡E: Work within the state-owned límited access highway right of way shall be restricted between the hours of 10:00 PM and 5:00 AM, and no work shall be aliowed on the right of way on Saturday, Sunday, or holidays as defined by RCW 1.16.050, or the day before a holiday or a holiday weekend, unless authorized in writing by the State. 11. îraffic Control: lf determined necessary by the State, the City shall submit a sígning and traffic control plan to the State's Representative for approval prior to construction oi maintenance operations. No lane closures shall be allowed except as approved in writing by the State's Representative. 12. Non lnterference with Highway: No excavation shall be made or obstacle placed within the limits of the state-owned, or under State jurisdiction, limited access highway right of way in such a manner as to interfere with the construction of, operation of, maintenance of andlor travel over the State highway, unless the City obtaíns the State's prior written authorization. 13. Citv Representa.tive: Should the City choose to perform the Levee work with other than its own forces, a City representative shall be present on-site at all times for work within state- owned limited access highway right of way unless otherwise agreed in writing by the State. Where the City chooses to perform the work with its own forces, it may elect to appoint one of its own employees engaged in the construction as its representative. Should the City fail to comply with this section, the State, in its sole discretion, may restrict any further City work within state-owned limited access highway right of way until the requirements of this section are met. All contact between the $tate and the City's contractor shall be through an authorized City representative. 14. Suretv Bond: Should the City choose to perform the Levee work with other than its own forces, a surety bond in the amount of $ 30,000.00 written by a surety company authorized to do business in the State of Washington, shall be furnished to the State befoie Page 3 of 9 Washington State Department of ïransportation Franchise City of Kent Levee at SR- 167 performing any work to ensure compliance with all of the terms and conditions of this Franchíse. The surety bond shall remain in force for at least two (2j years after issuance of the City's notice of completion described in Sectian 20, below. f 5. Work Supervision: ïhe City, at its own expense, shalladequately police and supervise construction of the Levee work by itself, its contractor, subcontractor, or agent, and others, so as not to endanger or injure any person or property. The City's responsibility for the proper performance, safe conduct, and adequate policing and supervision of the work shall not be lessened or otheruise affected by the State's review and concurrence with the City's plans, specifications, or work, or by the State's Representative's presence at the work site to assist in determining that the work and materials meet this Franchise's requirements. 16. Permits: The City shallobtain all necessary Federal, State, and Local Permits including, but not limited to, permits requíred by the State, the Washington State Department of Ecology, the Washington'State Department of Fish and Wildfife, and the U,S. Army Corps of Engineers prior to beginning construction. 17. Archeoloqical Resources: lf any archaeological or historical resources are revealed in the work vicinity, the City shall immediately STOP work, notify the State's Representative and retain a US Secretary of the lnterior's qualified archaeologist. Said archaeologist shall evaluate the site and make recommendations to the State regarding the contínuance of the work. 18. Clean Up: Upon completion of the work, the City shall immediately remove allrubbish and debris and shall leave the state-owned limited access highway right of way neat and presentable to the State's sole satisfaction. City agrees to take corrective action if directed by the State. 19. Failure to Complete Work: Should the City decide not to complete the Levee work after construction has begun, the State shall determine what work must be completed to restore State facilities and right-of-way to a condition and configuration that is safe for pubfic use. The State shall provide the City with written notification of such work. The City agrees that all costs associated with construction termination, including engineering, completing State facility and right-of way restoration, and contractor claims will be the sole responsibílity of the City. lf the contractor is not available to restore the State facilities and right-of way, the Parties agree that the State may perform or contract to perform, the restoration work at the City's sole expense. The City agrees to reimburse the State within thirty (30) calendar days after receipt of a documented State invoice. This section shall survive construction and Franchise termination. 20. Work Completion: The City shall notify the State, in writing, of íts completion of the Levee within fourteen (14) calendar days of such completion. The City shall include in the written notice a proposed date on which to meet with the State for the purpose of conducting a final inspection of the Levee and highway right of way to verify that the construction authorized hereunder complies with the terms of conditions of this Franchise. Page 4 of I Washington State Department of Transportation Franchíse City of Kent Levee at SR- 167 21. As-Built Plans: Within ninety (90) calendar days after completion of the Levee, the City shall submit as-built plans of the Levee to the State. 22. Levee Cítv PropertylRgfnoval; Allfacilities placed within state-owned limited access highway right of way by the City under this Franchise shall remain the property of the City. Ïhe City shall have the sole liabilíty and responsibility for ensuring the adequacy of and maintainÍng the usefulness of any City facilities authorized hereunder for Levee purposes. The State shall have no responsibility to review or confirm facílity or Levee adequacy andlar usefulness, nor shallthe State be liable in the event that the facílity or Levee is defective, fails in its performance, or is not adequate for its intended purpose. The City's facilities authorized hereunder may be removed at any time by the City; provided that, prior to removal, the City shall notify the State and submit a plan for removal of the Levee. Additionally, in the event that all or any portion of the Levee is no longer used, the City shall submit a plan and schedule removal of the unused portion(s). Upon removal of any portion(s) of the Levee under this section, the City shall restore any affected State property to a condition satisfactory to the State. The Parties agree that after thirty calendar (30) days'written notice to the City, the State may perform or contract to perform, the removal of the unused portions of the Levee or peúorm or contract to perform the restoration work at the City's sole expense should the Cíty fail to perform this work. The City agrees to reimburse the State within thirty (30) calendar days after receipt of a documented State invoice. This section shall survive construction and Franchise termination. 23. State Ordered Levee Modifications/Removal: lf the State, in its sole discretion, shall determine that any or all of the Levee must be modífied, removed or relocated from the state-owned límited access highway ríght of way as being necessary, incidental, or convenient for the construction, repair, Ímprovement, alteration, relocation, or maintenance of the state highway, ar for the safety of the traveling public, the City agrees and shall at its sole cost and expense, upon written notice by the State, modify, relocate or remove any or all of the Levee from the state-owned limited access highway right of way as may be required by the State. After notificatíon by the State, the City shall submit a plan for proposed modification, relocation, or removal within 30 calendar days. After approval by the State of said plan, the City shall perform all Levee modifïcations, relocations and/or removals as the State directs to avoid highway project delays and in such manner as will cause the least interference with the continued operation and/or maintenance of the highway or disruption of traffíc. 24. Failure to Modifv/Remove Levee: Shoufd the City fail or refuse to compfy with the State's direction to modify, remove, or relocate any City Levee facilities in accordance with Section 23, the Parties agree that after thirty calendar (30) days' written notice to the City, the State may perform or contract to perform the required work at the City's sole expense. The City agrees to reimburse the State wíthin thirty (30) calendar days after receipt of a documented State invoice. This section shall survive constructíon and Franchíse termination. Page 5 of 9 Washington State Department of Transportation Franchíse City of Kent Levee at SR- 167 25. Maintenance of Levee: The City, at its sole cost and expense, shallbe solely responsible for maíntaining the Levee according to all applicable local, state, or federal requirements related to Levee maintenance, including, but not limited to vegetation management. lf necessary to properly maintain the Levee, the City shall also maintain state-owned limited access highway right of way (not to include constructed highway facilities) at íts sole cost and expense. The City agrees that the State shall perform no maintenance work on the Levee or related to the Levee and that the State shall have no cost or expense liability for Levee maintenance or for maintaining state-owned limíted access highway right of way if such is required to maintain the Levee. 26. lnsurance: The City must províde proof of the following insurance coverage prior to performing any work within state-owned limited access highway right of way and maintain said insurance coverage for the entire term of this Franchise, or any extension thereof: a) Commercial General Liability covering the risks of bodíly injury (including death), property damage and personal injury, including coverage for contractual liability, with a limit of not less than 5 million per occurrence/$5 million general aggregate; b) Business Automobile Liability (owned, hired, or non-owned) covering the risks of bodily injury (including death) and property damage, including coverage for contractual liability, with a limit of not less than $2 million per accídent; c) Employers Liability insurance covering the risks of City's employees' bodily injury by accident or disease with limits of not less than $1 million per accident for bodíly injury by accident and $1 million per employee for bodily injury by disease; Such insurance policies or related certificates of insurance shall name the Washington State Department of Transportation as an additional insured on all general liabilíty, automobile liability, employers' liability, and excess policies. A forty-five (45) Calendar Day written notice shall be given to the State prior to termination of or any material change to the policy(íes) as it relates to this Franchise. 27. lndemnification: To the extent authorized by law, the City, its successors and assigns, agree to indemnify, defend, and hold harmless the State of Washington and its officers and employees, from all claims, demands, damages (both to persons and/or property), expenses, regulatory fines, andlor suits that: (1) arise out of or are incident to any acts or omissions by the Cíty, its agents, contractors, andlor employees, in the use of the state- owned limited access highway right of way âs authorized by the terms of this Franchise, or (2) are caused by the breach of any of the conditions of thís Franchise by the City, its contractors, agents, andlar employees. The City, its successors and assigns, shall not be required to indemnify, defend, or hold harmless the State of Washington and its officers and employees, if the claim, suit, or action for damages (both to persons andlor property) is caused by the sole acts or omissions of the State of Washington, its officers and employees ; provided that, if such claims, suits, or actions result from the concurrent negligence of (a) the State of Washington, its officers and employees and (b) the City, its agents, contractors, and/or employees, or involves those actions covered by RCW Page 6 of I Washinglon State Department of Transporlation Franchise City of Kent Levee at SR- 167 .4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the concurrent acts or omissions of the State of Washington, its officers and employees and the City, its agents, contractors, andlor employees. The City agrees that its obligations under this section extend to any claim, demand and/or cause of action brought by, or on behalf of, any of its employees or agents whÍle performing construction and/or maintenance under this Franchise while located on state- owned limited access highway right of way. For this purpose, the City, by mutual negotiation, hereby waives with respect to the State only, any immunity that would otherwise be avaílable to it against such claims under the lndustrial lnsurance provisions chapter 51.12 RCW. This indemnification andlor waiver shall survive the terrnination of this Franchise 28. Emergencv Work: The Parties agree that should the State determine in good faith that emergency work to the Levee is immediately needed to protect (a) any aspect of the State highway, or (b) to secure the safety of the traveling public, as a result of the existence of or a failure of the Levee, such work may be perforrned by the State without prior approval of the City and at the City's sole cost. The City will be notified of the emergency work and the necessity for it at the State's earliest opportunity. The State shall provide to the City a detailed invoice for such emergency work, and the City agrees to make payment withín thirty (30) calendar days of the date of the invoice. lf the billing ís disputed by the City, the City shall pay the State any undisputed amount and notify the State of the disputed amount, requestíng supporting documentation reasonably necessary lo verífy the accuracy of the invoice. The Cíty shall thereafter pay the State any remaining portions of the invoicå within 30 calendar days of receipt of documentation adequate to justify the disputed expenditures. This section shall survive construction and Franchise termination 29. Breach of Franchise Terms; Ihe Parties agree that should the City breach any of the terms and conditions of this Franchise, or fail to proceed with due diligence and in good faith in the construction, operation and maintenance of the Levee as provided for hórein, the State may terminate thís Franchise. The State, in its sole díscretion, may require the City to remove all or part of the Levee constructed at the City's sole expense. lf the City fails to remove its Levee, the State may perform or contract to perform the Levee removal without prior approval of the City, and at the City's sole expense. The State shall provide to the City a detailed invoíce for such work, and the City agrees to make paymeni within thit'ty (30) calendar days of the date of the invoice. This section shall survive construction and Franchise termination. 30. Notice Prior to lncorporation into a Diking District: The City agrees not to incorporate any portions of its Levee located on or within state-owned limited access highway right of way as part of a diking district without the express written consent of the State. For this purpose, the City shall provide the State with at least 120 calendar days written notice prior to entering into any proceedings to íncorporate the Levee as part of a diking dístrict Page 7 of I Washington State Department of Transportation Franchise City of Kent Levee at SR- 167 under Title 85 RCW and 86 RCW. Failure to notify the State as specifíed herein shall constitute a Breach of Franchise Terms under Section 29, above- Upon receipt of such written notice, the State wíll review the matter and may require amendments to this Franchise or the termination of this Franchise, requíring the removal of the Levee from state-owned limited access highway right of way, at the sole discretion of the State. 31. Construction Start: Construction of the Levee must begin wíthin two years and must be completed within three years from date of execution of this Franchise. 32. Term: Subject to the terms and conditions herein, the term of this Franchíse shall comrnence as of the date this Franchise is fully executed by the Parties and shall continue for a period of fifty (50) years thereafter, subject to renewal as the Parties may hereafter agree. 33. No Assiqnment: The City shall not assign or transfer this Franchise or the ownership of the Levee in any manner whatsoever, unless the State consents thereto in writing and the assignee accepts all terms of this Franchise. 34. Non-Ëxclusive: This Franchise shall not be deemed or held to be an exclusive one and shall not prohibit the State from granting permits or franchise rights; or entering into other Franchises of like or other nature wíth other public or private companies or individuals for the use of the state-owned limited access highway right of way, nor shall it prevent the State from using any of its property, rights of ways, highways, streets, or public places, or affect its right to full supervision and control over all or any part of them, none of which is hereby surrendered. 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Agenda Item: Consent Calendar – 7N_ TO: City Council DATE: June 20, 2017 SUBJECT: South 228th Street Grade Separation at Union Pacific Railroad – Pier 2 Bridge Shaft Construction Project – Accept as Complete SUMMARY: The South 228th Street Grade Separation at Union Pacific Railroad Pier 2 Bridge Shaft Construction Project included the installation of pier 2 bridge shafts in advance of the remaining project. There are 3-8 foot diameter drilled shafts in pier 2 (of the future bridge). The shafts extend approximately 70 feet into the ground. Overhead high power transmission lines that are in conflict with the construction of the 3 shafts in pier 2 were de-energized by Puget Sound Energy from September 12th to October 7th of 2016. The contract bid amount was $912,323.00 the final cost for this project was $841,412.11. EXHIBITS: None RECOMMENDED BY: Public Works Director BUDGET IMPACTS: This project was paid for using State (Connect WA) funds. MOTION: Authorize the Mayor to accept the South 228th Street Grade Separation at Union Pacific Railroad Pier 2 Bridge Shaft Construction Project as complete and release retainage to SB Structures, LLC upon receipt of standard releases from the state and the release of any liens. This page intentionally left blank. Agenda Item: Consent Calendar – 7O_ TO: City Council DATE: June 20, 2017 SUBJECT: 2016 Asphalt Overlays – Accept as Complete SUMMARY: This project included streets previously approved by the Council on 10/20/2015. In addition, the bid included overlaying all streets in the Mountain View Place neighborhood (aka. Hycroft) and South 236th Street between Lakeside Blvd East and 64th Avenue South, not previously approved. The contract bid amount was $3,489,528.50 the final cost for this project was $3,044,386.63. EXHIBITS: None RECOMMENDED BY: Public Works Director BUDGET IMPACTS: Funded from the Business and Occupation and Solid Waste Utility tax. MOTION: Authorize the Mayor to accept the 2016 Asphalt Overlays as complete and release retainage to ICON Materials upon receipt of standard releases from the state and the release of any liens. This page intentionally left blank. Agenda Item: Consent Calendar – 7P_ TO: City Council DATE: June 20, 2017 SUBJECT: East Hill Well 1 Pump Replacement – Accept as Complete SUMMARY: The Byron Jackson well motor and pump that was installed in 1986 was replaced due to failure of the motor and its component. After a 30-week lead time, the motor and components have now been replaced. EXHIBITS: None RECOMMENDED BY: Public Works Director BUDGET IMPACTS: A budget was established within the Water Utility capital program for the expenses. MOTION: Authorize the Mayor to accept the East Hill Well 1 Pump Replacement Project as complete and release retainage to PumpTech, Inc. upon receipt of standard releases from the state and the release of any liens. This page intentionally left blank. OTHER BUSINESS This page intentionally left blank. BIDS This page intentionally left blank. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other This page intentionally left blank. Page 1 of 10 OFFICE OF THE MAYOR Derek Matheson, Chief Administrative Officer Phone: 253-856-5700 Fax: 253-856-6700 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: 06/20/17 TO: Mayor Cooke Councilmembers FROM: Derek Matheson, Chief Administrative Officer SUBJECT: CAO Report for Tuesday, June 20, 2017 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 • Fireworks are now illegal in Kent. That means the sale – the possession – the discharge – of any fireworks – can result in a $250 fine and confiscation of the fireworks. The one exception is public fireworks displays that have a permit…like the one planned on the Fourth of July Splash at Lake Meridian. Kent police will be out in full force to educate and enforce the new law. Watch for the new signs, billboards and other advertising to help remind residents of the new law that over 60% of Kent voters supported. • The Major Projects Team celebrated the Washington State Department of Transportation’s written approval of “right-in right-out” access from Willis Street to the city’s Naden Avenue Assembly. This access point is crucial for the site to achieve its fullest potential. • The CAO convened an internal meeting to discuss how to approach our West Hill water- sewer districts about new franchise agreements in light of our new agreement with Water District #111 that requires the district to make payments in lieu of utility taxes. • City Clerk, Kim Komoto and Administrative Assistant, Katy McKee are attending Clerk’s training at the University of Puget Sound. Work continues on the implementation and deployment of the agenda routing system. • Kent’s Neighborhood Program introduced Village at Single Creek neighborhood at the Economic and Community Development Committee meeting on Monday, June 12. The neighborhood consists of 42 homes. Village at Single Creek will be formally recognized at the City Council meeting on Tuesday, June 20. The neighborhood is interested in learning about maintenance and ownership of the nearby greenbelt, installation process of street lighting on SE 234th St. at 131st Ave. SE, and help with addressing private drainage concerns. Toni Azzola, Neighborhood Program Coordinator is working with city staff to provide answers to these questions. • The East Pointe Neighborhood Council contacted the Neighborhood Program Coordinator to get clarification on whether Kent Police can ticket vehicles parked on private street in Page 2 of 10 fire lanes, help with eight residential lots who have pushed their backyard property lines into the wetlands, and to address dumping of materials behind homes. East Pointe would like educational material as it relates to storm drain grates being remove by children. • The Grandview Apartments want to be good neighbors as their development progresses with full completion in November. Management staff from the apartments reached out to the Neighborhood Program Coordinator to help identify key people from Grandview Off Leash Dog Park, the Riverview and the Lakes at Kent Neighborhood Councils to assist with this communication. • Ceder Pointe neighborhood has invited Toni Azzola, Neighborhood Program Coordinator and Rob Brown from Transportation to their upcoming meeting on June 27. An overview of Kent’s Neighborhood Program and the process of how the city implements No Parking zones will be presented. • The Kent Cultural Communities Board will host a Mayoral Forum for the four candidates announcing their candidacy for Mayor. The Forum is scheduled for Tuesday, June 27 at 7 p.m. at Kent Meridian High School’s EW Auditorium. This event is open to the public. ECONOMIC AND COMMUNITY DEVELOPMENT Economic Development and Long Range Planning • Staff met with a Kent resident with interest in starting their own brewery, and made helpful connections and advised on potential locations. • Staff attended the annual CAMPS conference at Emerald Downs. • ECD and Parks Human Services staff toured a Kent warehouse now leased by ANEW (Apprenticeship and Nontraditional Employment for Women) with key members of AJAC (Aerospace Joint Apprenticeship Committee) to talk about possible co-location and sublease arrangements. • Staff helped arrange a meeting of Sound Transit staff working on the Kent light rail stations and King County’s local economy food manager and Global to Local’s Food Innovation Network program manager to talk about concepts for supporting small food businesses (mobile food vendors) at the new station. • Staff, as part of continuous commercial broker outreach, met with property owner representatives on Central and Smith Ave to discuss and weigh options to lease or redevelop their sites as well as provided connections to potential tenants and concepts to property owners on the West Hill in vicinity of the future light rail stations. • Staff helped a developer’s consultant answer questions about transportation requirements with City development engineering. • Staff worked with industrial brokers to calm zoning concerns of a non-disclosed, confidential tenant seeking to lease significant space in the Kent Valley. • ECD and long-range planning staff attended final presentations for the University of Washington undergraduate Community, Environment, and Planning students’ “Kent/Des Moines LINK Light Rail Station TOD Project”. The project was aimed at characterizing existing conditions in the Midway area and identifying strengths, weaknesses, opportunities, and threats to local place-making. • ECD and long-range planning staff joined Sound Transit in a preliminary meeting with property owners and tenants on properties identified as potential Kent Sounder Page 3 of 10 Station parking garage sites. Sound Transit staff presented the agency’s process for property acquisition and relocation benefits available to owners and tenants of acquired properties. Property owners then had an opportunity to ask questions and voice concerns over the possibility of their properties being selected as preferred parking garage sites. • ECD and long-range planning staff participated in a webinar at which the Open Space Assessment Tool, developed by the Trust for Public Land (TPL) was presented. The mapping tool, located here: https://web.tplgis.org/OSAT/secure/ (password required – available on request), contains valuation data for open space functions like carbon sequestration, health and psychological benefits, storm water absorption, habitat connection and biodiversity, etc. for the Puget Sound. Code Enforcement • Code Enforcement recently worked with a contractor and Corrections staff to clean up and re-secure the city-owned Ball Property on Naden Avenue. Junk had been dumped on the property and boarding that secured the home from entry had been partially removed. A crew from the Kent Jail filled two large dumpsters with debris from the site, and a contractor replaced boarding to keep people from entering the home. Demolition of the home and carport is anticipated to take place in July. FINANCE • Several members from Finance and IT went to the City of Seattle to look at a demonstration their cashiering system. Our current cashiering system is approaching the end of its useful life and we are beginning to evaluate our options. • King County Wastewater Treatment Division (WTD) has been working with our utility billing group regarding our mutual interest in accurate and timely billings related to sewage collection and disposal. WTD found that overall, Kent has processes in place to accurately report sewage usage data for multi-family and commercial data. WTD found no major concerns in their audit. • The State Auditor’s Office annual financial audit of the City is moving along. The financial portion of the audit is expected to last for another couple of weeks. The accountability portion of the annual audit will commence in earnest after completion of the financial. HUMAN RESOURCES Administration • A debrief of the results of the recent Employee Engagement Survey will be held for the Mayor’s leadership team members and department directors on Thursday, June 15, by Norm Baillie-David, Senior Vice President of Employee Engagement for Talent Map. Benefits • The next Health Care Board Meeting is scheduled for June 21 to discuss benefits planning for the future. • The Deferred Compensation Committee Meeting scheduled for June 14. • Staff is finalizing the Health Care Board Meeting presentation. • The Kent Relay for Life was held June 2 – 3 at Kent Meridian High School’s French Field. Funds collected to date total $2,300, but more is coming in! Community Outreach Page 4 of 10 • The Cultural Community Conversation was Wednesday, June 14 at Kent Commons and featured a presentation by members of the local LGBTQ community in honor of Pride Month. Labor, Class & Compensation • An update meeting was held on the Non-rep salary survey with Finance, HR, and the Mayor’s office on Wednesday, June 14. • Work is continuing on policy reviews and draft updates to be finalized this summer. • Work is continuing on updating job descriptions for placement on CitySpace. Recruitment • The eligibility list for Lateral PD applicants was established on Thursday, June 8. • The Entry Level PD eligibility list will be completed on June 12. • The CTR Program Coordinator position opened June 12 and will close on June 29. Risk Management • The Monthly Safety meeting will be held on June 13 to discuss current state of City of Kent meetings. • Work is continuing on simplifying the worker side of worker compensation claims’ management PARKS, RECREATION, AND COMMUNITY SERVICES Housing and Human Services • Staff attended the Seattle/King County Continuum of Care Funder Alignment Committee meeting (focused on housing and homelessness). The Committee reviewed the most current data and discussed opportunities to address the gap in units available for unsheltered individuals and families. City of Seattle staff discussed the recently released Unsheltered Needs Assessment and the proposed additional property tax for to address housing and homelessness issues in Seattle. The Needs Assessment Survey Fact Sheet: http://coshumaninterests.wpengine.netdna- cdn.com/wp-content/uploads/2017/03/NEEDS-ASSESSMENT-SURVEY-Fact-sheet.pdf • Human Services staff participated in a Funder Gathering for Coordinated Entry for All (CEA) to provide feedback on system performance and suggestions for improvement. South King County staff will meet separately to provide feedback on the identified priorities for improvement. 7,593 households have been assessed and were added to the community queue since March of 2016. Of those 4,293 were single adults, 2,380 were families, and 920 were youth or young adults. Six-hundred eighty eight of the households enrolled in housing through Coordinated Entry, self-resolved their housing crisis, or successfully diverted from the system after assessment. • Human Services staff attended the monthly CEA meeting. Topics covered in June included a discussion of the Count Us In numbers released May 31, the proposed expansion of the Veterans, Seniors and Human Services Levy, and the Valley Cities New Journeys program. The full Count Us In 2017 Report is available at: http://allhomekc.org/king-county-point-in-time-pit-count/ • Kent staff continues to serve on a small team of four who are responsible for coordinating the online application and reporting system (share1app) on behalf of 17 cities in King County. Due to changes with the current vendor it was necessary to explore other options to host the online application and reporting system. WizeHive has been selected to place Westaf, the current host of share1app. The small group is working on project timelines and next steps for launching the 2019/202 application Page 5 of 10 and incorporating 2018 reporting in the new tool. Meanwhile staff will be taking the opportunity to review our current application and whether the process can be simplified for agencies, while still providing city staff and commissions with the information needed to make funding decisions. All cities involved in share1app have been sent a survey to review the current application. • KCDIG co-sponsored a Resilience Fund Grant Process Q & A meeting at the Kent Library on the evening of June 7. The meeting was also sponsored by Seattle Foundation, King County, and King County Library System. The Resilience Fund was “developed by Seattle Foundation in partnership with King County, and support from Medina Foundation, Stolte Family Foundation and Emerald Fund.” The fund will provide grants of up to $25,000 to community-based nonprofits, supporting community organizations protecting and standing with residents facing increased risks and uncertainty. Over 60 people attended the meeting. • Staff attended the Achieving Measureable Results with Results Based Accountability - “Turning the Curve" - training at the University of Washington in Tacoma last week. Using RBA to make data informed decision making and developing or improving performance measures for government, services systems and programs was the focus of the training. Staff will apply the learning to developing the framework for the Youth Initiative and future Human Services planning. Riverbend Golf Complex • The Riverbend Golf Complex held the 21st Annual 2 Man at The Bend’ tournament this past weekend. The tournament was a two- day event held at the 18-hole golf course with 48 two-person teams competing. We received several comments from players complementing us on the condition of the golf course. Parks Planning and Development • The contract for the Hogan Park Field #1 Synthetic Turf Conversion project is working its way through the approval process. Construction is scheduled to begin late June and be wrapped up by late August. • Work is wrapping up on the Lake Meridian Dock Replacement project. Substantial Completion is anticipated for June 16. It is expected that the dock will be opened for public use by the next day; a formal ribbon cutting is scheduled for Splash, on July 4. A video of the construction progress was completed by Multimedia and is available for viewing on Kent TV21. • Planning and design are moving forward on the Morrill Meadows Renovation/YMCA project. A development pre-application meeting was held on June 6. Facilities • The custodial crew has been busy refinishing hard surface floors at the Shops; high cleaning and refinished the Commons Main Gym; the crew cleaned Police Department's carpet and vacuum repairs. • HVAC crew replaced a compressor for the HVAC unit servicing the social hall at the senior center, installed a new furnace for the museum, ran pipe and electrical for a new air compressor at the city shops. • Maintenance crew is busy with service requests. • Capital projects contracted with Wheeler Painting to make repairs and paint the men’s restroom at city shops. The garage door at the Corrections facility was replaced. Page 6 of 10 Recreation • The 2017 Summer Art Exhibit opened on Wednesday, June 7 with a reception in the Centennial Center Gallery from 6:30-8:00 p.m. Approximately 75 guests enjoyed light refreshments (compliments of sponsor Osborn/Machler), as well as a performance by Voices 4, a vocal jazz quartet, and the opportunity to meet the exhibiting artists. Fifty-six pieces by 30 artists will be on display through August 24. • A purchase jury met on the afternoon of June 7 to select artwork to purchase from the show for the City’s permanent collection, as well as artists to invite to have solo or shared exhibitions in the Centennial Gallery 2018-2019 season. The purchase jury consisted of the two professional artists who juried the show (Jesse Lloyd Proebstel and Daniel Carrillo), a Kent Arts Commissioner (Gerard Philpotts), a City Councilmember (Tina Budell), and a city staff person (Anna Hudson, Permit Center). • Staff attended the Mill Creek Middle School Multicultural Family night to share the various programs and activities Kent Parks will be offering this summer for youth and teens . • Forty (40) athletes competed in cycling, swimming and track and field at the Spring Special Olympic games June 3-4. All their hard work and dedication paid off as Kent Parks athletes brought home 28 Gold medals, 32 Silver, 18 Bronze and countless participation ribbons. • Adaptive Recreation Summer quarter registration saw 286 individual registrations in one day; 93% of the classes offered are full. POLICE Significant crime activities/arrests/investigations • June 1, at 1:15 a.m, we responded to the Hookah Bar located on 104th Ave SE for a report of a shooting. The suspected completed a robbery of a few people in front of the Hookah Bar and was quickly attacked by a group of witnesses that quickly grabbed the suspect and detained him until officers arrived and arrested him. During the robbery, the suspect pulled out his gun and fired a few rounds, striking a victim who fled the scene in a vehicle and was later found to have a non-life threatening gunshot wound to the leg. • On June 2, at 10:07 p.m., officers assisted in the apprehension of felony warrant subject at the Comfort Inn off Central Ave. After attempting to make contact, the subject ran to Comfort Inn and the Officers gave chase. Due to the team work from other KPD Officers the subject was trapped in a large perimeter. K9 Kato began a track and located the subject hiding in a hedge/bush on the west side of Comfort Inn. • On June 4, at 3:48 p.m., officers responded to a report of a male firing a pistol into the air in the 21300 block of 124th Ave. SE. Officers located the man seated in a car in front of the residence. He did not respond to commands given in both English and Spanish to exit the vehicle. The SWAT bearcat was used to push the suspect vehicle into an unoccupied van, pinning him in place. The suspect was taken into custody without incident. • On June 8, at 10:18 p.m., officers were dispatched to shots fired call at the Burger King on Pacific Hwy S. It was advised a male shot two rounds outside of the business and ran westbound. Upon arrival no gunshot victims were located. Witnesses pointed west and gave a physical description including that a three or four-year-old child ran away with him. Another male at the bus stop just to Page 7 of 10 the south was pointed out as being involved or the intended target of the shooting. We were advised he was seen arguing with the suspect. Upon contact with him, he refused to cooperate, provide details, or be a victim. He was arrested on his warrants. • On June 10, at 2:59 a.m. dispatch was notified Washington State Patrol was with a vehicle that was involved in a pursuit. The vehicle occupants stated they were the victims of a shooting at the 76 gas station, 18010 East Valley Hwy. Two units responded to the gas station to search out a crime scene, evidence and possible witness. The driver stated he had driven onto NB 167 from 180th and a vehicle pulled alongside of his and began shooting. He stated that is the reason he was driving so fast. He could not explain the casing in his car. After the trooper left with the driver, officers located a witness, who stated the incident occurred at the gas station and not the freeway. A casing was located at the gas station and officers were told by the clerk there was a shooting. A short time after that a County Sergeant called and advised they had a 17-year-old gunshot victim and vehicle at Highline Medical Center. The victim suffered a gunshot wound to the head at the base of the neck. They also advised the victim was being transported to Harborview Medical Center (the injury was non- life threatening). • On June 10, at 12:57 p.m., the Valley Investigative Team was called in to respond to an officer involved shooting in Auburn. The male was armed with a knife and was shot and killed by the Auburn K9 Officer. The carjacking victim is alright. Port of Seattle is the primary in this investigation. Other • Chief Thomas, Assistant Chief Padilla, Assistant Chief Kammerzell, Assistant Chief Hemmen, Commander Kasner, and Sheila Knapp attended the South King County Activity Center breakfast on June 7. • The Kent Police Youth Board just finished up the year. They completed three public service announcements with messages on drug and alcohol prevention with the audience of parents, students and teachers. Three seniors are graduating from youth board; all three have been on the board since 7th grade. PUBLIC WORKS Design • S 224th St Project 84th to 88th– Contract awarded to SB Structures LLC for $15,330,729, on Jun 6. Aerial easement sent to WSDOT with a request for response in June. Working toward Possession and Use agreement with Hytek lot – for buffer mitigation as required by Army Corp permit. Preparing design for mitigation work on the Hytek site. • S 228th UP Grade Separation (and 228th Bikeway) – Three early work projects identified with the intention for construction this year: drilled shaft, joint utility trench and stormwater relocation. notification to businesses about upcoming work and traffic impacts to be sent 1st week in June. Right Of Way – Negotiations continue with various businesses. Continuing acquisition work for temporary construction easements and access easements. o Joint Trench, Advertise on July 11 – Preparing final contract documents. Working with utility companies and preparing utility agreements. o Stormwater Relocation, Advertise on July 11 – Preparing final contract documents. Working through utility conflicts. Page 8 of 10 • 212th at 72nd Ave –Contract Awarded to Kiewit June 6. Construction impacts to be communicated to broad community closer to Award date and contract execution. • 132nd Ave Walking Path - Advertised June 13. All property rights secured as of June 12. Preparing addendum for revised walking path location due to late securement of right-of-way. • Linda Heights Pump Station Replacement – Coordination with Recreation Community Office (RCO) facilitated through Economic Community Development. Researching easement needs for RCO parcel. Considering placing pumpstation at front of parcel. Preparing a preliminary stormwater hydrology model to determine stormwater needs. Will be soliciting info from consultants for Geotech (steep slopes) and Wetland (delineation). Construction • 72nd Ave Extension: Asphalt paving is complete. Landscaping, railing, monuments, and casting adjustments will take place over the following 2-weeks. Final striping will take place prior to the ribbon cutting ceremony after the asphalt has had an appropriate amount of time to cure. A Ribbon Cutting Ceremony for this project is in the process of being scheduled for June 28. • 108th Ave SE & SE 208th St Intersection Improvements: Final channelization (striping) will take place on June 23 & 24, weather permitting. Traffic loop replacement will begin at night on June 26. • 80th Ave S Pavement Preservation: Curb replacements on the East half of the street is complete, and the roadway is being prepped for the first phase of concrete paving. Concrete paving on the East half of the street is scheduled for Thursday, June 15. Concrete paving in the intersections will be completed next followed by the full demo, curb replacement, prep and paving on the West half of 80th. • 2017 Asphalt Overlays: Paving is complete in the Seven Oakes neighborhood. ADA improvements are ongoing in the Starlake Highlands neighborhood, grinding and paving activities are scheduled for the week of June 26. ADA improvements are scheduled to begin during the week of June 26. • 2017 Crack Sealing: The contract for this project has been fully executed with Evergreen Asphalt and Concrete of Kent, WA. The Preconstruction Meeting with Evergreen is scheduled for June 19. • 2017 Paint Line Striping and Raised Pavement Mark Replacement: The contract for this project has been fully executed with Stripe Rite, Inc. of Sumner, WA. The Preconstruction Meeting with Stripe Rite is scheduled for June 20. • 2017 Plastic Markings: The contract for this project has been fully executed with Stanly Patrick Striping Company of Enumclaw, WA. The Preconstruction Meeting with SPS was June 15. • South 208th St Road Repair & Guardrail Installation: The contract for this project has been fully executed with NPM Construction Company of Maple Valley, WA. The Preconstruction Meeting with NPM is scheduled for June 19. The roadway repairs that will take place on this project will require a full road closure (with detour) of S. 208th Street between SR 167 and S 212th way for a period of two weeks. This closure will likely take place beginning on (or near) July 10. Actual dates will be determined after the Preconstruction Meeting • WSDOT – SR 516, 102nd Pl SW VIC to 132nd Ave SE Paving and ADA Compliance: Work is underway at night under the Noise Variance granted to WSDOT by The City of Kent for 60 non-consecutive nights. Planning and paving the existing asphalt is complete. Traffic signal loop replacement, casting adjustments and electrical work will follow. Final striping/channelization work will proceed after the newly paved asphalt has at least 21 days to cure. Page 9 of 10 Environmental • S. 208th St Improvements – Working on completing Public Information Card for mailing. Coordinating with construction on public information signs. • Meeker St and downstream storm system cleaning – Completing plans and special provisions. Scheduled to advertise for bids on June 27 in two separate projects, north of the James St box culvert and from the box culvert south. • Green River Natural Resource Area(GRNRA) South Watershed – Meeting with staff and consultant on drainage feasibility study was on June 13. • Upper Mill Creek Dam Improvements – Preparing stream mitigation proposal for the Muckleshoot. • Woodford Ave Storm Drainage Improvements – Advertising for bids, bid closes June 27. • Lower Russell Road Levee – Meeting with King County staff on project issues this week. • Signature Pointe Levee – Negotiating Inter Local Agreement (ILA) with Flood Control District to complete alternative analysis. • Lake Meridian Estates – Working with Lake Meridian Estates to complete agreement to make repairs. Transportation • The lift van used by the Signal Techs has been deemed a total loss as a result of a recent traffic accident. The accident was not the fault of city staff. • The approved 2018-2023 Transportation Improvement Program has been sent to WSDOT and surrounding jurisdictions as required. This document has also been posted on the Kent website. • Kent has received a conditional break in access approval from the WSDOT which is a critical step in the development of the Naden property. LandSurvey • Design Mapping: 2017 Water Site Potholes, 228th Grade Separation Additional Topo Data Processing for customer, Meridian Valley Country Club Additional Topo and 132nd Ave Proposed Sidewalk Stakes for PSE • Construction/Staking: 224th Phase 1 control elevations and 72nd Ave Extension Monument locations • Right of Way: East Valley Highway Right of Way, 72nd Ave Fire Station Right of Way for Cottonwood Trees, Cambridge Water Easement, 80th Ave S. Temporary Construction Easement 228TH Grade Separation Easements, Water Service Easement for Rainier Nursery, Kent Springs BPA Easement and Railroad Quiet Zone Right of Way for Union Pacific Rail Road and Burlington Northern Rail Road GIS • Private Storm Inspectors Area Map • Stage II D/DBP Monitoring Ground Water & Surface Water PDF Maps • Water pressure zones map requested by Sean Bauer for Fire Dept. RFA • Exotic metals coverage request from UB (Finance) • Economic Community Development (ECD) requested design digital data review for Benson short plat and Valli Kee (KCHA) • 2017 Water System Plan GIS data request additional information clarification. • Several neighborhood Councils Map created • Sewer Operations Map Update • Curb Ramp Inventory Application Troubleshooting Streets Page 10 of 10 • Street Maintenance crews will be grinding and paving the intersection of Military and Reith Road, Teresa Terrace, SE 253rd, SE 254th and SE 255th. Two of the three sidearm mowers are up and running on the East Hill. The water facility grounds maintenance crew will be mowing and line trimming at Garrison Creek Well, Summit Reservoir, East Hill Well, O’Brien Well, Upper and Lower Kent Springs and the Elk Run water main. The Sign crew will be doing banner work in the downtown area and setting out reader boards for graduations. Water • The next water main replacement project will occur on the West Hill on South 251st Street. Staff are installing a flow meter and repairing a check valve in the flow control vault of our 3.5 Million Gallon Reservoir on the East Hill. Once installed we will be able to track flow entering and leaving the tank for better operational control and water quality. Staff just wrapped up the 2016 Water Quality Report that is provided to our water customers annually. Postcard mailers should go out by the end of the week letting our customers know the report is available online Utilities • Sewer: Crews will be cleaning Linda Heights Pump Station basin and cleaning wet wells. The TV crew will be TV’ing storm lines. • Storm: The project crew will be installing a catch basin and running lines to an existing structure on 100th, cleaning ditch and removing concrete block at 228th and 4th, repairing manhole at 21734 123rd Ave SE and cleaning culverts on 271St National Pollutant Discharge Elimination System (NPDES) crews will be pumping on 62nd and 194th, 70th and 196th, performing assessments on 144th and 260th and doing repairs on 62nd and West Valley. Fleet/Warehouse: • The Radio shop is building new vehicles and programming radios. Fleet is working on new vehicle installs, scheduled/non-scheduled repairs of all City vehicles. The Warehouse continues hauling out spoils when trucks become available, small equipment repairs and overseeing the progress of the Shops Inc. jobs. # # # EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION ADJOURNMENT