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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 10/3/2017adccW15902 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 October 3, 2017 This page intentionally left blank. KENT CITY COUNCIL AGENDAS October 3, 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 ******************************************************************** WORKSHOP AGENDA 5 p.m. Subject Speaker Time Financial Policies Review Aaron BeMiller 30 min Adaptive Recreation Presentation Lori Hogan, 30 min Julie Stangle Lara Hosford FEMA Remapping Mike Mactutis 30 min COUNCIL MEETING AGENDA 7 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff 4. PUBLIC COMMUNICATIONS A. Public Recognition B. King County Councilmember Dunn’s Annual State of the County Briefing C. Proclamation for Torklift’s Seventh Annual Kent Turkey Challenge D. Proclamation for Sixth Annual Green Kent Day E. Proclamation for “RELEAF” 2017 Clark Lake Park F. Proclamation for National Retirement Security Week G. Appointment of Youth Commissioner to the Human Services Commission H. Community Events I. Economic and Community Development Update J. Intergovernmental Reports 5. PUBLIC HEARING 6. PUBLIC COMMENT - – If you wish to speak to the Council, please sign up at the City Clerk’s table adjacent to the podium. When called to speak, please state your name and address for the record. You will have up to three minutes to provide comment. Please address all comments to the Mayor or the Council as a whole. The Mayor and Council may not be in a position to answer questions during the meeting. 7. CONSENT CALENDAR A. Minutes of September 19, 2017, Council Meeting and Workshop and September 26, 2017, Special Council Meeting and Special Workshop – Approve B. Payment of Bills – Approve C. Appointment of Youth Commissioner to the Human Services Commission – Confirm D. Ordinance Approving the Indirect Change of Control of Astound Broadband, LLC d/b/a Wave Franchise – Introduce E. Telecommunications Franchise with MCIMetro Access d/b/a Verizon Access Transmission Services – Ordinance – Adopt F. 2018 Mid-Biennium Budget Adjustment – Set Date for Second Public Hearing G. 2018-2023 Capital Improvement Plan – Set Date for Second Public Hearing H. Comprehensive Plan/Capital Facilities Element Amendment and Update to Kent City Code Chapter 12.13 School Impact Fees – Set Date for Public Hearing I. 2017 Tax Levy for 2018 Budget - Set Hearing Date J. South 224th Street Improvement from 88th to 94th Condemnation Ordinance – Adopt K. Goods and Services Agreement with Western Systems, Inc. for Traffic Signal Cabinets – Authorize L. James Street Pump Station – Accept as Complete 8. OTHER BUSINESS 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Potential Litigation, as per RCW 42.30.110(1)(i) 12. ADJOURNMENT NOTE: A copy of the full agenda is available in the City Clerk's Office and at KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at 253-856-5725. For TDD relay service, call the Washington Telecommunications Relay Service at 1-800-833-6388. COUNCIL WORKSHOP A) Financial Policies Review/Aaron BeMiller B) Adaptive Recreation Presentation/Lori Hogan, Julie Stangle, Lara Hosford C) FEMA Remapping/Mike Mactutis This page intentionally left blank. AGENDA APPROVAL Changes from Council, Administration, or Staff This page intentionally left blank. PUBLIC COMMUNICATIONS A) Public Recognition B) King County Councilmember Dunn’s Annual State of the County Briefing C) Proclamation for Torklift’s Seventh Annual Kent Turkey Challenge D) Proclamation for Sixth Annual Green Kent Day E) Proclamation for “RELEAF” 2017 Clark Lake Park F) Proclamation for National Retirement Security Week G) Appointment of Youth Representative to the Human Services Commission H) Community Events I) Economic and Community Development Update J) Intergovernmental Reports This page intentionally left blank. PROCLAMATTON Whereas, the City of Kent recognizes the impoftance of proper nutrition for every citizen and that many families in our community are faced with food shortages; and Whereas, Whereas, the Kent Food Bank distributes between L,200 and 1,500 Thanksgiving baskets to Kent families and the need for donated food is greater than ever; and through the generosity of Torklift Central employees, October t2, 2OL7 marks the kick-off of the Seventh Annual Kent Turkey Challenge that will run through November 15, 2OL7; and Whereas,employees of the Torklift Central in Kent, challenge all local businesses to join them in collecting canned goods and frozen turkeys that will be distributed by the Kent Food Bank thls holiday season; and Whereas, said Thanksgiving baskets will ensure families here in Kent that are dependent upon the Kent Food Bank will receive enough food for their holiday dinner; and Whereas, through said generosity of our community, the Kent Food Bank will be able to increase the number of familÍes receiving holiday baskets and ensure the quantities of food are adequate; NOW THEREFORE, l, Suzette Cooke, Mayor of Kent, do hereby proclaim October 6 through November L5,2OL7 as the Seventh Annual Kent Turkey Challenge In the City of Kent, Washington, and encourage all citizens and local businesses to accept the challenge from Torklift Central employees by collecting frozen turkeys and canned goods for the ever increasing number of families in need here in our community. In witness whereof, I have hereunto set my hand and caused the seal of Kent to be affixed ay of October 20L7 KENT WAsHrNcroN , Mayor PROCLAMATION WHEREAS, in September 2009, the Kent City Council authorized the assessment of the health of all city-owned urban forests, wetlands and other natural areas; and WHEREAS, the resulting Green Kent Partnership 20-year Park & Natural Area Management Plan was approved by the City Council in February 2OIL; and WHEREAS, community members have become active Green Kent Stewards, organizing volunteer work parties in their chosen natural area sites; and WHEREAS, in 20L6, L,352 volunteers contributed 3,863 hours to the Green Kent Paftnership; and WHEREAS, volunteer service and environmental stewardship are both investments in the future to which we all must share and contribute; NOW THEREFORE; I, Suzette Cooke, Mayor of the City of Kent, do hereby proclaim the day of Saturday, October 28, 2OL7 as the Sixth Annual Green Kent Day to be held this year at the Puget Power Trail in the City of Kent, Washington. And, I encourage all residents join me in recognizing the importance of this observance by volunteering their time in our community by contributing to the goals of the Green Kent Partnership management plan and joining the effort to steward our public lands. In witness whereof, I have hereunto set my hand and caused the seal of the city of Kent to be affixed this 3rd day of October, 20L7. ooke, Mayor KENT WASHTNGIoN PROCLAMATION Whereas, the city of Kent has a strong and active volunteer community; and Whereas, connecting with others and working together through volunteer service will unite the diverse groups in our community to undeftake and complete a successful project; and Whereas, since 2002 the city of Kent has held a Releaf volunteer event to focus on reforestation and revegetation of Clark Lake Park in Kent; and Whereas, Clark Lake Park's 130 acres provides walking trails, a sparkling lake and habitat for numerous species; and Whereas, Kent Parks, Recreation and Community Services Department is dedicated to enriching lives by providing safe and inviting parks, open spaces and facilities, and NOW THEREFORE, I, Suzette Cooke, Mayor of the city of Kent, do hereby proclaim the day of Saturday, October L4, 20L7 as ..RELEAF" 2OL7 AT CLARK LAKE PARK In the city of Kent, and I encourage all citizens to joín me in recognizing the importance of this observance by volunteering your time to help in our community. In witness whereof, I have hereunto set my hand and caused the seal of Kent to be affixed this 3rd day of October 20L7. , Mayor KENT WASHTNGfoN PROCLAMATTON WHEREASL all workers, including local and state government employees, private sector employees, employees of tax-exempt organizations,'and self- employed employed individuals can benefit from increased awareness of the need to save for retirement; and, WHEREAS, National Retirement Security Week is an effo¡t to bring awareness to employees about the impoftance of saving for retirement; and, WHEREAS, encouraging employees to take small steps to save throughout their career can help to better prepare them for retirement; and, WHEREAS, a simple step like packing lunch three times a week can help an employee save more than $9,000 over seven years, with a 5 percent rate of return. NOW THEREFORE; I, Suzette Cooke, Mayor of the city of Kent, do hereby proclaim the week of October L5,20L7 as the National Retirement Secu rity Week and encourage all citizens and employees of the city of Kent to pack their lunch this week and to take small steps toward saving for their future. In witness whereof, I have hereunto set my hand and caused the seal 'of the city of Kent to be this 3rd day of October, 2OL7. KENT WAsHtNoroN u Cooke, Mayor 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 L. Discussion Action 7A. Approval of Minutes. Minutes of September 19, 2017, Council Meeting and Workshop and September 26, 2017, Special Council Meeting and Special Workshop – Approve This page intentionally left blank. Kent City Council Workshop September 19, 2017 Minutes Kent, Washington Pending Approval Page 1 of 2 Date: September 19, 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 5:05 p.m. Agenda: 1. Human Services Home Repair Presentation: Darrel Hammack, Home Repair Field Supervisor, and Brittany Levens, Human Services Specialist, presented information on Kent’s Home Repair Program that included funding, program eligibility, eligible repairs, and repair exclusions. Details regarding the application process were reviewed, in addition to the assessment and scheduling of the work. Human Services Home Repair often times assist clients with referrals to various community providers. Details regarding client demographics and client feedback were also reviewed. 2. Puget Sound Gateway Update (SR167/SR509): Craig Stone, WSDOT Program Administrator Puget Sound Gateway Program, and Steven Gorcester, Transportation Advisor with Performance Plane LLC, presented information on the Puget Sound Gateway SR 167/SR 509 project. Craig Stone provided an update on the status of the WSDOT Puget Sound Gateway Program, SR 509 Completion project. WSDOT is working with the City of Kent regarding modifications to SR 516 and I-5 for ramps and pedestrian walkways. WSDOT is also working with Metro on bus stops and circulation, and meeting with Poulsbo RV in October. The 15% design plan will be presented to the City of Kent in the near future, and construction is anticipated to start in 2021. Craig reviewed the Gateway funding that includes Washington State funding, toll revenue, INFRA Grant, and the local contribution. Craig requested a letter of support from the City of Kent Council and the Mayor so that they would support grant applications. Council President Boyce clarified that the letter of support would not have any guarantee of a financial contribution. The Kent City Council Workshop September 19, 2017 Minutes Kent, Washington Pending Approval Page 2 of 2 Legislature has requested that some form of an understanding is received by July, 2018, regarding local funding. Stevan Gorcester detailed how to get the project to full funding and how to make this project make sense to local jurisdictions. There is a desire to create a partnership with WSDOT and cities to pursue grants from other resources including the federal INFRA program. In order to have a partnership with Kent, WSDOT needs Kent to join them in pursuing funding for an extension of Veteran’s Avenue – a natural extension of a TIB project. The idea is to join together in funding the match by working together on grant applications. A share of the money raised from grants will go against Kent’s funding schedule. Steven believes WSDOT and Kent can achieve at least one funding resource and may also be able to apply to more than one year’s grant cycle. Calculations and funding assumptions suggest that most of the money they are trying to put together can be raised through the cities helping with funding matches and some contributions from indirect resources. If there is not funding from INFRA and TIB funds, the funding solution becomes more complex. The meeting concluded at 6:17 p.m. Kimberley A. Komoto City Clerk September 19, 2017 Kent City Council Regular Meeting September 19, 2017 Minutes Kent, Washington Pending Approval Page 1 of 9 Date: September 19, 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 7:01 p.m. with Mayor Cooke presiding. 2. Roll Call Mayor Cooke – Present Bill Boyce, Council President - Present Tina Budell, Councilmember - Present Jim Berrios, Councilmember - Present Brenda Fincher, Councilmember – Present Dennis Higgins, Councilmember - Present Dana Ralph, Councilmember - Present Les Thomas, Councilmember - Present 3. Changes to the Agenda Chief Administrative Officer, Derek Matheson remove item 9B - Cambridge Reservoir Recoating and Fall Protection Improvements Project. Council President Boyce moved to approve the agenda, and seconded by Councilmember Thomas. The motion passed with a unanimous vote of 7-0. 4. Public Communications A. Public Recognition: Councilmember Thomas, Council President Boyce, and Councilmember Higgins serve on the Puget Sound Regional Fire Authority Board and participated in the process to find a new fire chief. Matt Morris was introduced as the new fire chief. Mr. Morris expressed his desire to serve the community and make Kent a better place to live. Mayor Cooke recognized Nolan Schulke, Maintenance Worker II, as the City’s September employee of the month. Mayor Cooke recognized Classic Accessories, a Kent business that has increased their business to the extent that they need to relocate to a larger facility in Kent. Kent City Council Regular Meeting September 19, 2017 Minutes Kent, Washington Pending Approval Page 2 of 9 B. Presentation from Vicki Lee Schmitz – Robert “Bob” E. Lee: Vicki Lee Schmitz, the daughter of Robert “Bob” E. Lee, gave a presentation on her father, former Chief of Police of the City of Kent. Chief Lee served as Kent’s Police Chief from 1948-1966. Chief Lee was a community-oriented leader. Longtime family friend, Steve Johnson, expressed his appreciation for Suzette’s work over the past 12 years. Mr. Johnson also recalled stories regarding Chief Lee. Mayor Cooke advised that the Police Department will retain and display the Kent Chamber of Commerce Robert E. Lee Membership Development Award that was established to honor the memory of Chief Lee. Mayor Cookie advised that the name on the Police Department headquarters will be revised to read “Chief Robert E. Lee.” C. Recognition of Heroism – Lake Meridian Life Guards: Julie Parascondola, Parks, Recreation and Community Services Director, honored the lifeguards at Lake Meridian and recognized their heroic acts during this past June. Kyle Ohashi, Public Information Officer and Captain with the Puget Sound Regional Fire Authority provided details regarding the3 June 30th event and conveyed his appreciation for the lifesaving efforts of the lifeguards and volunteer. Captain Ohashi presented commendations to: • Oleg Bobkol, Civilian • Shawn Wruth (Beach Manager) • Cole Hendricks, Lifeguard • Tyson Wenger, Lifeguard • Jordan Wachter, Lifeguard • Dimitri Maricich, Lifeguard • Hunter Wruth, Lifeguard • Bailey Ramsdell, Lifeguard • Paul Delaurenti, Lifeguard • Alex Smith, Lifeguard • Genevieve Tipton, Lifeguard Shawn Wruth, the Beach Manager at Lake Meridian Park expressed his appreciation for his staff and Mr. Bobkol. Councilmember Thomas provided an update on the young man that was saved by the lifeguards and Mr. Bobkol. D. Proclamation for Diaper Need Awareness Week: Mayor Cooke presented Angie Lamb with the Eastside Baby Corner, with the Proclamation for Diaper Need Awareness Week. Ms. Lamb provided information Kent City Council Regular Meeting September 19, 2017 Minutes Kent, Washington Pending Approval Page 3 of 9 regarding the importance of recognizing the support they receive from local jurisdictions. Donations can be dropped off at the Self-Storage locations in the Issaquah Highlands and Redmond. E. Proclamation for National Public Lands Day at Riverview Park Mayor Cooke presented Bryan Higgins, Parks Planning and Development Coordinator with the City of Kent, with the Proclamation for National Public Lands Day at Riverview Park. Bryan invited the public to visit by visiting KentWA.gov/comevolunteer. F. Recognition of Millbrook Heights Neighborhood Council Toni Azzola, Neighborhood Programs Coordinator with the City of Kent, recognized the Millbrook Heights Neighborhood Council. Toni also provided information regarding the City’s Neighborhood Program. Millbrook Heights is the City’s 34th Neighborhood Council. Mayor Cooke presented the Council with a Certificate of Recognition. For more information, call Toni Azzola at 856-5708 or visit Kentneighborhoodprogram.com. G. Appointment to Kent Parks and Recreation Commission: Mayor Cooke provided a brief background on Emily Grupp. Emily expressed her desire to serve on the Parks and Recreation Commission, including sharing opportunities with the communities of Kent. H. Community Events Council President Boyce provided details regarding upcoming events at the ShoWare Center. Visit ShoWareCenter.com for additional details. Councilmember Ralph announced that this is the 20th anniversary season of the Spotlight Series. The first event will be held Friday, October 6th at 7:30 p.m. with a performance at the Kent-Meridian Performing Arts Center by Wylie and the Wild West. For more information, visit KentArts.com. Councilmember Fincher, announced that National Public Lands Day will be held on September 30th from 9 a.m. – 12 p.m. at Riverview Park and the next Green Kent Event will be held at Clark Lake Park on September 23, 2017 from 9 a.m. – 12 p.m. Visit KentWA.gov to register to volunteer. Mayor Cooke advised that the Muslim Community Center will be hosting a free legal clinic, in conjunction with the King County Bar Association, to be held on Sunday, September 24th at the Kent Senior Center. There are no income eligibility requirements. I. Public Safety Update: Chief Thomas presented a public safety update, including a special recognition for the City of Kent Correctional Facility. The City’s correctional facility recently became Kent City Council Regular Meeting September 19, 2017 Minutes Kent, Washington Pending Approval Page 4 of 9 accredited by the Washington Association of Sheriffs and Police Chiefs. Chief Thomas expressed his appreciation of the work of Assistant Chief Eric Hemmen, Commander Diane McCuistion, Corrections Officer Ron Harvey, Sergeant Mike Armstrong, and Sergeant Virginia Griesbach. Chief Thomas provided a brief background on Officer Alex Helms and Officer Patrick Rainer. Mayor Cooke performed the swearing-in of Officer Helms and Officer Rainer. Chief Thomas and Sergeant Thompson presented Officer Dan Koehler with the Lifesaving Award. This is the first save with Narcan. The person survived due to the quick thinking and outstanding work of Officer Dan Koehler. J. Intergovernmental Reports: Council President Boyce serves on the Sound Cities Association Public Issues Committee. President Boyce provided the Council with the “Opiate Crisis in King County” Local Law Enforcement Perspective document. Council President Boyce provided information regarding the Regional Growth Center. Council President Boyce advised that he was recently appointed to sit on the Children Youth Advisory Board – which works closely with Best Start for Kids. No report. Councilmember Budell sits on the Sound Cities Association Domestic Violence Committee. Received an update on the firearms surrender program. Working on receiving additional funding. Focusing on high risk protection orders. Discussed standardization to the Domestic Violence Supplemental form that is used to help provide services to victims. The committee heard from the Department of Homeland Security on services provided by the newly-formed Victims of Immigration Crime Engagement Office within Immigration and Customs Enforcement. Visit WWW.Ice.gov/voice or WWW.vinlink.DHS.Gov for more information. Councilmember Higgins, serves on the King County Regional Transit Committee. No report. Councilmember Berrios serves on the Puget Sound Regional Council Economic Development Committee. Advised that the board has adopted the new economic development strategy called “Amazing Place.” Councilmember Berrios is working to bring Josh Brown to Kent to give a presentation to the Council. Councilmember Ralph serves on the Transportation Policy Board. Received an update on the Transportation 2040 plan. The Board settled on outcomes, i.e. air quality supporting centers, freight mobility, improves social equity, improving travel time and reliability. Kent City Council Regular Meeting September 19, 2017 Minutes Kent, Washington Pending Approval Page 5 of 9 Councilmember Ralph serves on the South County Area Transportation Board. Presentation from WSOT on their transportation plan. They have a great vision for 2035 – “Washington’s transportation system safely connects people and communities, fostering commerce, operating seamlessly across boundaries, and providing travelling options to achieve environmentally and financially sustainable system.” The Board heard a report on the State’s Freight Plan. The Federal government requires this plan in order to apply for federal grants. Councilmember Ralph indicated that Washington rotates between 1st and 2nd most trade dependent state in the nation. Councilmember Fincher serves on the Mental Illness and Drug Dependency Advisory Council. No report. Councilmember Fincher serves on the King Conservation District Advisory Council. No report. 5. Public Hearing A. 2018 Mid-Biennium Budget Adjustment – First Public Hearing Aaron BeMiller, Finance Director, gave a brief presentation regarding the 2018 Mid- Biennium Budget Adjustment. Aaron indicated the Mayor’s budget is balanced. Mayor will be presenting the budget to the council at a special meeting on Tuesday, September 26th at 5 p.m. Mayor Cooke opened the public hearing. There were no speakers signed up to speak. Council President Boyce moved to close the public hearing, seconded by Councilmember Thomas. The motion passed unanimously with a vote of 7- 0. B. 2018-2023 Capital Improvement Plan – First Public Hearing Aaron BeMiller, Finance Director, gave a brief presentation regarding the 2018- 2023 Capital Improvement Plan. Aaron indicated the plan is a requirement of Growth Management Act and that the Plan will be adopted, along with the 2018 Mid-Biennium Budget Adjustment and will be incorporated into the City’s Comprehensive Plan. Mayor Cooke opened the public hearing. There were no speakers signed up to speak. Council President moved to close the public hearing, seconded by Councilmember Thomas. The motion passed unanimously with a vote of 7- 0. Kent City Council Regular Meeting September 19, 2017 Minutes Kent, Washington Pending Approval Page 6 of 9 6. Public Comment Ruby Hill, from the First Baptist Church, invited the public to attend a baby shower benefitting the Pediatric Interim Care Center on October 14th at 10 a.m. All gifts must be either white or pastel-colored. The Kent First Baptist Church is located at 11420 SE 248th St in Kent. Contact Patty Cochran at 253-631-2982, or Ruby Hill at 253-859-0797 for more information. Tim Clark thanked the Mayor and Council for their financial support that has allowed the Kent Historical Museum the opportunity to hire a professional director. Changes that have taken place include an adult education series held at Arbor Village and the chronical series that is held at the museum. Tim invited the public to attend the annual Gala held at the Kent Senior Center on September 30th at 5 p.m. The Guest Speaker will be Eric Flint the historian from the U.S. Army at Fort Lewis. The theme is “100 Years Ago.” Tim advised that there is a workshop scheduled for October 7th for diverse communities to get training on how to record history of their ethnic communities. The deadline to register is September 25th. The workshop is a joint effort between the museum and the University of Washington library services. 7. Consent Calendar Council President Boyce moved to approve the Consent Calendar items A through K, seconded by Councilmember Thomas. The motion passed with a unanimous vote of 7-0. A. Minutes of Previous Meetings and Workshops – Approve The minutes of the regular council meeting and workshop of September 5, 2017, were approved. B. Payment of Bills – Approve Bills received through August 15, 2017 and paid on August 15, 2017 after auditing by the Operations Committee on September 5, 2017 were approved. Approval of checks issued for vouchers: Date Check Numbers Amount 08/15/17 Wire Transfers 7196-7215 $2,521,254.93 08/15/17 Regular Checks 716434-716853 $2,402,148.93 08/15/17 Payment Plus $109,900.32 Void Checks $0.00 08/15/17 Use Tax Payable $6,959.48 $5,040,263.66 Kent City Council Regular Meeting September 19, 2017 Minutes Kent, Washington Pending Approval Page 7 of 9 Approval of checks issued for payroll for August 1 through August 15 and paid on August 18, 2017: Date Check Numbers Amount 8/18/2017 Checks 0 $0.00 Voids and Reissues 8/18/2017 Advices 392680-393574 $1,612,788.08 $1,612,788.08 C. Kent Highlands Property Surplus - Resolution – Adopt Resolution No. 1947, declaring the Kent Highlands property surplus to the City’s needs, and authorizing the Mayor to take all appropriate actions to market the property for sale or lease in one or more phases. D. Non-Represented Salary Survey Results – Authorize Mayor was authorized to implement the results of the salary survey for non- represented employees. E. Resolution Recognizing Millbrook Heights Neighborhood Council – Adopt Resolution No. 1948 was adopted, recognizing the Millbrook Heights Neighborhood Council, supporting its community building efforts, and conferring on it all opportunities offered by the City’s neighborhood program. F. Final Plat Procedures - Ordinance – Adopt Ordinance No. 4252 was adopted, amending chapters 12.01 and 12.04 of the city code relating to the procedures used for processing final plat approvals, and delegating final plat approval authority to the Planning Director. G. South 224th Airspace Lease – Authorize The Mayor was authorized to sign the WSDOT Airspace Lease to allow the City to construct, operate, own, and maintain a bridge over SR 167 at South 224th Street, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. H. 2017 Asphalt Grinding – Accept as Complete The Mayor was authorized to accept the 2017 Asphalt Grinding Project as complete and release retainage to Statewide Parking Lot Services, Inc. upon receipt of standard releases from the state and the release of any liens. I. 2018-2020 Target Zero Manager Funding Agreement – Authorize The Mayor was authorized to accept grant funds in the total amount of $193,500 from the Washington State Traffic Safety Commission to fund the Region 8 (South King County) Target Zero Manager position, amend the budget and sign all Kent City Council Regular Meeting September 19, 2017 Minutes Kent, Washington Pending Approval Page 8 of 9 documents necessary, subject to final terms and conditions acceptable to the Police Chief and City Attorney. J. Appoint Emily Grupp to the Kent Parks and Recreation Commission Council appointed Emily Grupp to the Kent Parks and Recreation Commission for a three-year term. K. Telecommunications Franchise with MCIMetro Access d/b/a Verizon Access Transmission Services - Introduce No Action Required – Introduction Only. 8. Other Business None. 9. Bids A. Briscoe-Desimone Levee Improvements Reach 2 and 3 Mitigation Planting Project – Award Tim LaPorte, Public Works Director, presented information regarding Briscoe- Desimone Levee Improvements Reach 2 and 3 Mitigation Planting. Councilmember Higgins moved to award the Briscoe-Desimone Levee Improvements Reach 2 and 3 Mitigation Planting Project to Buckley Nursery, Co. in the amount of $355,361.33, 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. Motion carried unanimously with a vote of 7-0. 10. Reports from Standing Committees, Council and Staff Council President’s Report – Council President Boyce provided information regarding the information presented during tonight’s workshop, including the Human Services and Home Repair Project in addition to an update from WSDOT on the 167 and 509 project. Mayor Cooke – Mayor Cooke advised that the Seattle King County Economic Development Council will be holding its meeting in Kent on September 20th @ 3 p.m. and the Green River College Kent Station Campus. Mayor Cooke advised that on October 12, 2017, the South Sound Alliance will meet in Kent at 5:30. The location has not been determined. Mayor Cooke advised that the Thunderbirds opener is on Saturday, and that the Thunderbird and Portland games will be broadcast on Television. Mayor Cooke advised that the State Senate Law and Justice Committee will meet on Tuesday, September 26th at 1 p.m. in the City of Kent Council Chambers and will hold the public hearing on car tabs. Kent City Council Regular Meeting September 19, 2017 Minutes Kent, Washington Pending Approval Page 9 of 9 Administration – Derek Matheson, Chief Administrative Officer, in the packet, and no executive session. Economic and Community Development – Council President Boyce in the minutes. Operations – Councilmember Ralph advised that the committee received an update on the fund balance policy. Councilmember Ralph read the definition of “fund balance” from the committee’s agenda packet. Councilmember Ralph indicated the current policy of maintaining a 10% fund balance has been exceeded by the City. The Finance Department suggested maintaining a 16-20% fund balance. The Committee settled on an 18% fund balance. The policy will be brought before the full City Council in October. Parks and Human Services – Councilmember Fincher. No meeting. Visit WWW.KentWA.gov to review the parks report. Public Safety – Councilmember Berrios in the minutes. Public Works – Councilmember Higgins advised that the Meet Me on Meeker Design Standards were discussed and staff would like to receive input from the Land Use and Planning Board, full council, staff and the community. The Committee hopes to receive comments prior to bringing the standards before the full council in November. Councilmember Higgins indicated it is important for this to occur prior to new development along the Meeker corridor. Puget Sound Regional Fire Authority – Councilmember Thomas indicated there is a special event Thursday at 5:30, and will be held at the conference center on the East Valley Highway. 11. Executive Session and Action after Executive Session None. 12. Adjournment At 8:51 p.m., Mayor Cooke adjourned the meeting. Kimberley A. Komoto City Clerk September 19, 2017 This page intentionally left blank. Kent City Council Special Meeting September 26, 2017 Minutes Kent, Washington Pending Approval Date: September 26, 2017 Time: 5 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 5:05 p.m. with Mayor Cooke presiding. 2. Roll Call Mayor Cooke – Present Bill Boyce, Council President - Present Tina Budell, Councilmember - Present Jim Berrios, Councilmember - Present Brenda Fincher, Councilmember – Present Dennis Higgins, Councilmember - Present Dana Ralph, Councilmember - Present Les Thomas, Councilmember – Present Mayor Cooke turned the meeting over to Council President Bill Boyce 3. Other Business A. Mayor’s Budget Message Mayor Cooke presented her budget message as follows: “Council President Boyce, Councilmembers, City staff and residents: Today I present my final budget recommendations to you as your mayor. But before I go into detail, I wish to thank you for your engagement. We have been through some very rough financial times – and - we have celebrated amazing achievements as we have served the Kent community together. When it comes to budgeting, the bottom line is - we get what we pay for. There is no free ride when it comes to a quality community. It takes your thoughtful policy- making, and the public’s willingness to invest in their current and future living standards, to attain our vision as “a safe, connected and beautiful city - culturally vibrant with richly diverse urban centers.” Page 1 of 6 Kent City Council Special Meeting September 26, 2017 Minutes Kent, Washington Pending Approval The budget is the cornerstone of your policy-making. This is where we put taxpayers’ money to use; where we walk the talk. In previous years, my budget proposals included deliberate strategies for smart growth of City programs with an eye toward the coming budget challenges beginning in 2019 - 2020. The now anticipated loss of our Streamlined Sales Tax mitigation dollars from the State in 2019 - coupled with the known expiration of the Panther Lake Annexation Sales Tax credit in June of 2020, result in a loss of at least $10 million to the General Fund. For years we have called this our “fiscal cliff.” My previous budget proposals have included new revenues, increases to current revenues, and redistribution of Council-restricted revenues to prepare for the fiscal cliff. You said: “no” to using of the City’s banked property tax capacity, “no” to implementing a Transportation Benefit District, “no” to increasing the Business & Occupation tax rate (currently one of the lowest in the state), and “no” to redistribution of the B&O tax for other general and capital uses. Each year you chose to “kick the can” down the road. While the solutions I proposed weren’t easy to adopt, those choices don’t become easier if service reductions become necessary because of a failure to act. The decision to use fund balances to cover necessary and ongoing needs, such as those of our parks system, is not sustainable. Now, let’s talk about mid-budget adjustments for 2018. My proposal for 2018 totals $330.5 million and is an increase of $40.4 million from the adopted budget. Most of the almost 14% increase occurs in funds other than the General Fund. These are dedicated funds where those resources are required to be used for specific purposes. Within the $330.5 million total budget, $98.6 million is allocated to the General Fund - a 4% increase - or $4 million - from the adopted 2018 budget. The proposed budget reflects my continued commitment to providing valuable government services in a cost-effective and efficient manner, continues progress on our strategic plan, and respects the priorities of our residents. Even with the continued - albeit moderate - economic growth the City has seen over the past couple of years, baseline resources in the General Fund were unable to cover on-going operations. And, per my direction, few new funding requests were made - - -and I approved even fewer. The requests that made it into the mid-budget adjustments were heavily scrutinized in light of the structural deficit and fiscal cliff. Page 2 of 6 Kent City Council Special Meeting September 26, 2017 Minutes Kent, Washington Pending Approval The proposed budget was developed using a realistic, yet conservative approach to revenues for the upcoming year. In cases where fund balance is being utilized to balance budgeted expenses, a thoughtful determination was made by comparing the current level of fund balance to the minimum level of fund balance necessary based on cash flows and any contingency requirements for those funds. Furthermore, the use of fund balance is restricted to pay for one-time only capital or major maintenance projects - and is not used for on-going operations. My proposed budget required the closure of a $2.3 million gap in the General Fund. This gap is due to a “structural deficit.” The City’s share of property tax collections – our largest revenue source – is limited to growth of 1% per year. Inflation is 3%. This means we could have a status quo budget every year - with no new programs, no new police officers - and still be under water. This is where the structural problem lies. Our largest revenue source is capped at a rate that doesn’t account for inflation or population growth – it goes above and beyond the fiscal cliff. This structural deficit affected us before the fiscal cliff - and will be with us after we resolve the fiscal cliff. To close the gap this year, I am proposing to use the City’s banked property tax. The increase in our property tax will balance the proposed general fund budget and provide much needed ongoing resources for City operations. While raising taxes is never easy, the increase for a Kent resident with property valued at $300,000 will result in a $37 increase in annual property taxes. For comparison, let’s look at our neighboring city Bellevue, a city with only 14,000 people more than Kent. Currently, a median-priced home in Kent ($275,000) pays $388 annually in city property tax. A median-priced home in Bellevue ($612,000) generates $698 annually. I am not proposing any additional tax or fee increases in my budget outside of the use of banked property tax. When Council adopted the 2018 budget as part of the 17/18 biennium last December, you ignored the real threats from the fiscal cliff and provided very limited time for City leadership to thoughtfully plan for and address the coming impacts to the 2019/2020 budget. While I strongly disagreed with that decision, my proposal honors your wishes. My 2018 proposed budget continues to fund current City services and programs at their current level, adjusted for necessary increases for inflation, workload, and labor cost changes and contract requirements. New initiatives or expansion of current programs and services were based on need, the value to the public, and Council policy. Importantly, the strategic operational expenditure increases included in the budget are backed by sustainable revenues. Page 3 of 6 Kent City Council Special Meeting September 26, 2017 Minutes Kent, Washington Pending Approval Changes include the addition of necessary FTEs (Full Time Equivalents) to improve City operations, adjustments to our insurance and healthcare funding, and wage increases for staff based on labor contracts and our recent salary survey. Significant changes include: • A 20% medical rate increase paid by departments. The City has experienced a significant and sustained increase in medical claims costs. As a result, the fund balance in the Employee Health & Wellness Fund is being used too quickly and is putting that fund in jeopardy. Further rate increases in 2019 and 2020 may be required to meet fund balance needs. • Wage increases for the City’s non-represented, AFSCME, KPOA and Teamster employees based on the 2017 non-represented salary survey and labor contracts. • A 10% rate increase for the City’s Liability Insurance Fund paid by departments to ensure adequate funding for the insurance program. • An increase of 2.9 Full Time Equivalent staff split between the General Fund and Street Fund. Roughly 68% of the costs for these positions are covered through reductions in other line items or by increased revenues. The net result is an addition of two staff. • In partnership with the YMCA, the budget sets aside $9 million to fund the City’s share of costs to construct a YMCA, and make needed improvements at its home at Morrill Meadows Park. An additional $1 million for the City’s share of the project is anticipated to come from the State’s Capital Budget - whenever that is adopted. • A limited modernization of the Council Chambers to complement the new technology installed this year, including modular furniture that will broaden the use of this space, allowing us to host larger community and regional meetings. • Funding for the long overdue replacement of the City’s Fuel Island. • An increased allocation for the replacement of City vehicles which have been kept in service long past their scheduled replacement. • Additional funding for needed street projects on South 212th and on James Street, as well as other Public Works projects in the Water and Sewer funds. • Elimination of the previously approved new Communications Director position and the creation of a Communications Department. Page 4 of 6 Kent City Council Special Meeting September 26, 2017 Minutes Kent, Washington Pending Approval While I’m eliminating the planned position and department, I’m still proposing we build a more effective communications program by adding a communications specialist that will join the Community and Public Affairs Manager, the Neighborhood Program Manager and the Community Engagement Coordinator. Planning for the near future, I also strongly urge you to take action on two tax measures. The first is to double the warehouse square footage tax which would generate roughly an additional $3 million dollars annually for capital and major maintenance projects for our Parks system. The square footage tax is separate from, and works in tandem with, our business and occupation tax. The second is to place a police and criminal justice measure before voters to increase the City’s utility tax on providers of cable, electricity, natural gas, and telephones from 6% to 8%. Doing so would generate approximately $4 million annually and would provide enough funding to fully staff our City’s Police department and allow for additional prosecutors, public defenders, court clerks, police records clerks and corrections officers necessary to support a larger police department. With the police staffing and workload crisis, I urge the new mayor and council to place the measure on the April ballot, which will require your affirmative decision in February. Public safety must remain our highest priority. This mechanism would provide resources to further this priority and advance our efforts in providing public safety to our residents, employees and visitors. While neither the square footage fee increase nor the police and criminal justice ballot measure technically are part of this budget adjustment, implementation of these options would allow us to address pressing issues before we arrive at the fiscal cliff, and lose at least $10 million in state-shared revenues. I urge you to move the square footage tax proposal through committee and council this fall, and the future mayor and council to process the police and criminal justice measure starting in January, if not sooner. The 2018 proposed budget is the culmination of an almost year-long collaborative effort among the Mayor, City Council, City staff and Kent residents. The City serves a growing and diverse population of 127,000 residents with a dedicated workforce that is committed to meeting the needs of the public. Under my watch, the City lived within our means while efficiently and effectively delivering the services and programs our residents expect. I look forward to your deliberations.” In the coming weeks, the council will review the mayor’s budget and consider possible changes. The council expects to finalize the budget in December. Residents are encouraged to attend a public hearing on the 2017-18 budget adjustment on Tuesday, Oct. 17 at 7 p.m. in the Council Chambers at City Hall. Page 5 of 6 Kent City Council Special Meeting September 26, 2017 Minutes Kent, Washington Pending Approval More information about the city’s budget process is available at KentWA.gov/Budget. 4. Adjournment By Council President Boyce moving directly into the Council’s Workshop, the meeting was adjourned at 5:24 p.m. Kimberley A. Komoto City Clerk September 26, 2017 Page 6 of 6 Kent City Special Council Workshop September 26, 2017 Minutes Kent, Washington Pending Approval Date: September 26, 2017 Time: 5:35 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 Agenda: Aaron BeMiller, Finance Director, advised the Council that the City received the Distinguished Budget Presentation Award from the Government Finance Officers Association for the Biennium Budget Beginning January 1, 2017. BeMiller expressed his appreciation for his budget team that includes Barbara Lopez, Deputy Finance Director, and Senior Financial Analysts Kathleen Etheredge, Michelle Ferguson, and Shane Sorenson. 1. 2018 Mid-Biennium Budget Review: Aaron BeMiller provided a brief overview of the Mayor’s Proposed 2018 Mid- Biennium Budget, including identifying the details of the General Fund expenditure increases proposed in the mid-biennium adjustment and the financial impacts. The timeline for the Mid-Biennium Budget includes an October 17th workshop discussion, along with the second public hearing. Aaron BeMiller indicated that the format for addressing the Council’s questions will be responded to the same as last year. Questions will be booked and addressed at the following meeting. There will also be an opportunity for the new mayor and councilmembers to have a chance to review the budget in an effort to allow for them to provide input. Aaron BeMiller reviewed the budget framework, capital program, and gave a brief overview of the budget by funds. Council President Boyce thanked Aaron BeMiller and his staff for their work on the budget. The meeting concluded at 5:35 p.m. Kimberley A. Komoto City Clerk September 26, 2017 Page 1 of 1 This page intentionally left blank. Agenda Item: Consent Calendar – 7B_ 7B. Approval of Bills: Approval of payment of the bills received through August 31, 2017 and paid on August 31, 2017. The Operations Committee audited the payment of bills on September 19, 2017. Approval of checks issued for vouchers: Date Check Numbers Amount 08/31/17 Wire Transfers 7216-7231 $1,724,262.34 08/31/17 Regular Checks 716854-717479 $6,373,821.26 08/31/17 Payment Plus $192,904.05 Void Checks ($16,093.00) 08/31/17 Use Tax Payable $951.24 $8,275,845.89 Approval of checks issued for payroll for August 16 through August 31 and paid on September 5, 2017: Date Check Numbers Amount 9/5/2017 Checks 0 $0.00 Voids and Reissues 9/5/2017 Advices 393575-394474 $1,657,420.31 $1,657,420.31 This page intentionally left blank. Agenda Item: Consent Calendar – 7C_ TO: City Council DATE: October 3, 2017 SUBJECT: Appointment of Youth Commissioner to the Human Services Commission – Confirm Confirm appointment of Mohammed Murad to the Kent Human Services Commission as the youth commissioner for a one-year term through January 1, 2019. Mohammed Murad is a senior at Kentridge High School and works part-time at Starbucks. Murad, an immigrant living in a low income household, sees every aspect of the Kent community through his student lens, low income lens and immigrant lens. He is bilingual and multicultural and identifies as American and Middle Eastern. He has volunteered at the Kent Arabic School, Iraqi Community Center of Washington, and the Auburn Food Bank. It is his belief that all of his unique experiences will bring richness to the commission in the role of a youth commissioner. I am pleased to recommend Mohammed Murad for appointment to the Kent Human Services Commission for a one-year term. EXHIBITS: None RECOMMENDED BY: Mayor Cooke BUDGET IMPACTS: None MOTION: Confirm the Mayor’s appointment of Mohammed Murad to the Kent Human Services Commission – Youth Commissioner. This page intentionally left blank. Agenda Item: Consent Calendar – 7D_ TO: City Council DATE: October 3, 2017 SUBJECT: Ordinance Approving the Indirect Change of Control of Astound Broadband, LLC d/b/a Wave Franchise – Introduce SUMMARY: Pursuant to state law, the City cannot pass a franchise ordinance the same day it is introduced. Although this is an indirect change of control of an existing franchise, staff recommends introducing the indirect change of control of the franchise at the October 3, 2017 meeting and setting it up for passage at the October 17, 2017 meeting. On April 7, 2015, the City adopted Ordinance No. 4144, effective April 15, 2015, granting a nonexclusive telecommunications franchise to Astound Broadband, LLC d/b/a Wave (“Franchisee”) to operate a telecommunications system within the City. On May 18, 2017, Radiate Holdco, LLC (“Radiate”) entered into an agreement to acquire all of the outstanding membership interests of Wave Holdco, LLC, which is the parent company of Franchisee. This is considered an indirect change of control because the transaction occurs on the parent company level and the franchise itself will continue to be held by Astound. Section 28 of the franchise requires that the City approve the indirect transfer of control. Following this indirect change of control, the Franchisee will continue to remain bound by the terms of the franchise and will continue to remain responsible for the obligations within the franchise. The consent of the City to the indirect change of control shall not constitute a waiver or release of any rights the City may have under the franchise. EXHIBITS: Ordinance and Statement of Acknowledgement RECOMMENDED BY: Operations Committee YEA: Ralph, Boyce, Thomas NAY: BUDGET IMPACT: No impact – transfer of control only NO ACTION – INTRODUCE ONLY This page intentionally left blank. 1 Ordinance – Change of Control- Astound Broadband to Radiate Holdings ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, approving the indirect change of control of Astound Broadband, LLC d/b/a Wave with conditions and establishing an effective date. RECITALS A. On April 7, 2015, the City of Kent (the “City”) adopted Ordinance No. 4144 granting a nonexclusive telecommunications franchise to Astound Broadband, LLC d/b/a Wave (the “Franchisee”) to operate a telecommunications system (the “System”) within the city limits of the City of Kent, with an effective date of April 15, 2015 (the “Franchise”); and B. Franchisee is a wholly-owned, indirect subsidiary of Wave Holdco, LLC, a Delaware limited liability company (“Wave Parent”); and C. On May 18, 2017, Radiate HoldCo, LLC, a Delaware limited liability company (“Radiate HoldCo”), Wave Parent, and WaveDivision Holdings, LLC, a Delaware limited liability company controlled by Wave Parent, entered into a definitive agreement pursuant to which Radiate HoldCo will acquire Wave Parent from its current majority owners (the “Transaction”); and 2 Ordinance – Change of Control- Astound Broadband to Radiate Holdings D. Radiate HoldCo is a wholly-owned, indirect subsidiary of, and is controlled by, Radiate Holdings, L.P. a Delaware limited partnership (“Radiate Parent”); and E. As a result of this Transaction, Radiate Parent will acquire ownership of Wave Parent and control of the Franchisee; and F. Section 28 of the Franchise requires that the Franchisee receive the consent of the City for any indirect change of control including such indirect change of control that will occur as a result of this Transaction; and G. The consent of the City to the indirect change of control that will occur as a consequence of the closing of the Transaction shall not constitute a waiver or release of any rights the City or Franchisee may have under the Franchise; and H. The City Council deems it to be in the public interest to grant the requested consent; NOW THEREFORE, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Consent. The City hereby consents to the indirect change of control that will occur as a consequence of the closing of the Transaction and in accordance with the terms of applicable law, subject to and contingent on the fulfillment of the conditions set forth in Section 2. SECTION 2. - Section 1 of this Ordinance is contingent on the fulfillment of the following condition: Radiate Parent shall acknowledge that the indirect change of control will not affect, diminish, impair or supersede the binding nature of the Franchise and any other ordinances, 3 Ordinance – Change of Control- Astound Broadband to Radiate Holdings resolutions, and agreements, if any, applicable to the operation of the System in the City. Further, Radiate Parent shall acknowledge that the Franchisee shall remain responsible for any and all non-compliance issues, if any, under the Franchise and any other ordinances, resolutions, and agreements, if any, applicable to the operation of the System in the City that may have arisen prior to or that may arise contemporaneous with or after the closing of the Transaction. SECTION 3. – Following the indirect change of control and the City’s receipt of the written acknowledgement from Radiate Parent required by Section 2, the Franchise shall remain in full effect through the remainder of the Franchise term. The Transaction and the City’s consent to the indirect change of control do not modify the terms of the Franchise. Franchisee remains responsible for any obligations and liabilities under the Franchise. The City’s consent to the indirect change of control shall not be construed to constitute a waiver or release of any rights the City may have now or in the future under federal, state or local law, the Franchise, or any separate written agreements, if any, between the City and the Franchisee that relate to the Franchise. SECTION 4. – By consenting to this indirect change of control, the City expressly reserves and does not waive or release any rights of the City in and to the rights-of-way as provided by state law and the Kent Municipal Code, nor does the City waive or release any claim or issue of non-compliance it may have, known or unknown, now or in the future related to the Franchise. SECTION 5. – Written acknowledgement as provided in Section 2 has been filed by Radiate Parent with the City Clerk. If any of the construction and completion bonds, security funds or insurance are amended as a result of the indirect change of control, then Franchisee shall file with the City Clerk such revised bonds, security funds or evidence 4 Ordinance – Change of Control- Astound Broadband to Radiate Holdings of insurance within sixty (60) days of the date of the closing of the Transaction. SECTION 6. – To the best of the City’s knowledge and belief, there are no existing facts or circumstances that with or without the giving of notice or the passage of time, or both, would constitute a default of any term or condition of the Franchise. SECTION 7. – 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 8. – 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 9. – Effective Date. This ordinance shall take effect and be in force five days after its publication as provided by law. SUZETTE COOKE, MAYOR Date Approved ATTEST: KIMBERLY A. KOMOTO, CITY CLERK Date Adopted Date Published 5 Ordinance – Change of Control- Astound Broadband to Radiate Holdings APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY STATEMENT OF ACKNOV/LEDGEMENT WHEREAS, the City Council of the City of Kent, Washington, has acknowledged the pending transaction (the "Transaction") between Wave Holdco, LLC, WaveDivision Holdings, LLC ("V/ave"), the parent companies of Astound Broadband dlbla Wave ("Franchisee"), and Radiate Holdco, LLC, a wholly-owned, indirect subsidiary of Radiate Holdings, L.P. ("Radiate") and has consented to the resulting indirect change of control of the Franchisee, the holder of the telecommunications franchise (the "Franchise") issued by the City to the Franchisee as Ordinance No. 4144. NOW', THEREFORE, Radiate, hereby acknowledges said Franchise and all the terms and conditions thereof, and files this, its written acknowledgement of the indirect change of control of the Franchisee. Radiate hereby acknowledges that the indirect change of control will not affect, diminish, impair or supersede the binding nature of the Franchise and any other ordinances, resolutions, and agreements, if any, applicable to the operation of the System in the City. Radiate hereby agrees that, Franchisee will comply with the Franchise, and remain subject to the Franchise, the Kent Municipal Code and all applicable federal and state laws, lawful orders, contracts, agreements, commitments, and regulatory actions. Radiate affirms that all bonds, security funds and insurance required by the Franchise remain in full effect and in place. Further, Radiate acknowledges that the Franchisee shall remain responsible for any and all non-compliance issues, if any, under the Franchise and any other ordinances, resolutions, and agreements, if any, applicable to the operation of the System in the City that may have arisen prior to or that may arise contemporaneous with or after the closing of the Transaction. This Statement of Acknowledgement is contingent upon the consummation of the Transaction. IN TESTIMONY V/HEROF, Radiate, has caused this written ofStatement /bîrl of Acknow RADIATE HOLDINGS, L.P to be executed in its name by its duly authorized officer on this day 20t7. By: Name Printed: Jeffrev Kramp Title: EVP. Secretarv & General Counsel lørsr /6 ,2017 {ERZ1ó13652.DOC; l/0000s.0S0026/ } 6 srArE o, lÉrrl Ø - ,' ) couNrYoFM ' ì"' I certify that I know or have satisfactory evidence that person who appeared before me, and said person acknowledged that he this the acknowledged it as the østatedheauthorized to execute the instrument and to be the free and voluntary act of such party for the uses purposes in the instrument. DATED: on Received by the City of Kent on By c' (ì r'1 Printed Notary Public in and My appointment expires .2017 City ly Komoto LISAA. PALLADINO NOTARY PUBLIC SÍATE OF NEWJERSEY iIYCOMMISSION EXPIRES FEB.18,2021 {ERZI 613652.DOC; l/0000s.0s0 Ozet 17 This page intentionally left blank. Agenda Item: Consent Calendar – 7E_ TO: City Council DATE: October 3, 2017 SUBJECT: Telecommunications Franchise with MCIMetro Access d/b/a Verizon Access Transmission Services – Ordinance – Adopt SUMMARY: MCIMetro Access d/b/a Verizon Access Transmission Services (“Verizon”) is a telecommunications company and has requested that the City grant it a franchise to use the City’s right-of-ways to construct, operate and maintain the necessary facilities for its telecommunications network. This franchise has a ten-year term and covers the construction, operation and maintenance of Verizon’s fiber optic network and related equipment. It does not allow the installation of small cells. The City has the authority to grant non-exclusive franchises for the use of public streets and other rights-of-way pursuant to RCW 35A.47.040. State law prohibits the City from charging a franchise fee; however, the City can recover the actual administrative costs incurred in drafting and processing the franchise. The City can also request that Verizon provide the City with conduit in the locations where Verizon is installing or relocating facilities underground. The City would be responsible for the incremental costs of this installation. This franchise also includes specific terms regarding relocation of facilities, undergrounding, and restoration of the right-of-way and requires Verizon to obtain the appropriate permits before installing any facilities. EXHIBITS: Ordinance RECOMMENDED BY: Public Works Committee YEA: Ralph, Fincher NAY: BUDGET IMPACT: N/A MOTION: Adopt Ordinance No. , establishing a 10-year franchise agreement with MCIMetro Access d/b/a Verizon Access Transmission Services, subject to final approval by the City Attorney. This page intentionally left blank. 1 Franchise – Verizon Ordinance ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, granting to MCIMETRO Access Transmission Services Corp. d/b/a Verizon Access Transmission Services, a Delaware corporation, and its successors and assigns, the right, privilege, authority and nonexclusive franchise for ten years, to construct, maintain, operate, replace, and repair a telecommunications network, in, across, over, along, under, through, and below certain designated public rights-of-way of the City of Kent, Washington. RECITALS A. MCIMETRO Access Transmission Services Corp. d/b/a Verizon Access Transmission Services, a Delaware corporation (“Franchisee”) has requested that the city council grant it a nonexclusive franchise to construct, maintain and operate a telecommunications network in the city’s right-of- way; and B. The city council has the authority to grant franchises for the use of its streets and other public properties pursuant to RCW 35A.47.040. 2 Franchise – Verizon Ordinance NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Definitions. In addition to terms otherwise defined herein, the following definitions shall apply generally to the provisions of this Franchise. 1.1 Director means the Public Works Director or his/her designee. 1.2 Emergency means a condition posing an imminent threat to property, life, health, or safety of any person or entity. 1.3 Facilities mean one or more elements of Franchisee’s telecommunications network, with all necessary cables, wires, conduits, ducts, pedestals, antennas, electronics, and other necessary appurtenances; except that new utility poles or towers for overhead wires, cabling or antennas are specifically excluded. Facilities shall not include: microcells or small cells. Equipment enclosures with air conditioners or other noise generating equipment are also excluded from Facilities, to the extent any such equipment is located in zoned residential areas of the City. 1.4 Rights-of-Way (singular “Right-of-Way”) as used in this Franchise, means the surface of, and the space above and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, way, lane, public way, drive, circle, pathways, spaces, or other public right-of-way, and over which the City has authority to grant permits, licenses or franchises for use thereof, or has regulatory authority thereover. Right-of-Way does not include railroad right-of-way, airports, harbor areas, buildings, parks, poles, 3 Franchise – Verizon Ordinance conduits, open spaces, nature trails, poles, dedicated but un-opened right-of- way, environmentally sensitive areas and any land, facilities, or property owned, maintained, or leased by the City in its governmental or proprietary capacity or as an operator of a utility. SECTION 2. – Franchise Granted. 2.1 Pursuant to RCW 35A.47.040, the City of Kent, a Washington municipal corporation (“City”), hereby grants to Franchisee, its successors, legal representatives and assigns, subject to the terms and conditions set forth below, a non-exclusive Franchise for a period of ten (10) years, beginning on the effective date of this ordinance, set forth in Section 41. This Franchise supersedes and replaces in its entirety the Temporary License entered into by the City and Franchisee on June 15, 2017, except that any and all permits issued pursuant to the Temporary License shall remain valid and be deemed issued pursuant to this Franchise. 2.2 This Franchise grants Franchisee the right, privilege, and authority to construct, operate, maintain, replace, acquire, sell, lease, and use all necessary Facilities for a telecommunications network in, under, on, across, over, through, along or below the public Rights-of-Ways located in the City, and any areas added to the corporate limits of the City during the term of this Franchise (the “Franchise Area”). All Facilities require City permits issued pursuant to Section 8.3. 2.3 This Franchise shall not prevent the City from granting other or further franchises in, along, over, through, under, below, or across any Rights-of- Way. This Franchise shall not prevent or prohibit the City from using any Rights-of-Way or affect its jurisdiction over any Rights-of-Way or any part of Right-of-Way. The City shall retain power to make all necessary changes, relocations, repairs, maintenance, establishment, improvement, dedication of 4 Franchise – Verizon Ordinance Right-of-Way as the City deems fit, including the dedication, establishment, maintenance, and improvement of all new Rights-of-Way, thoroughfares, and other public properties of every type and description. SECTION 3. – Grant of Authority Limited. 3.1 The authority granted by this Franchise is a limited, non-exclusive authorization to occupy and use the City’s Rights-of-Way. Franchisee represents that it currently provides or intends to provide the following services within the City: data transport, internet access, and local and long distance voice services, including IP voice services, cell site fronthaul and backhaul and Facilities leasing to third parties (the “Services”). If Franchisee desires to expand the Services provided within the City, it shall provide written notification of the addition of such services prior to the addition of the service or within a reasonable time (not to exceed ninety (90) days) after such services are offered; except that Franchisee may not offer Cable Services as that term is defined in 47 U.S.C. § 522(6). 3.2 Nothing within this Franchise shall be construed to grant or convey any right, title, or interest in the Rights-of-Way of the City to Franchisee other than for the purpose of providing the Services. 3.3 This Franchise does not and shall not convey any right to Franchisee to install its Facilities on, under, over, across, or to otherwise use City owned or leased properties of any kind outside of the incorporated area of the City or to install Facilities on, under, over, across, or otherwise use any City owned or leased property other than the City’s Rights-of-Way. This Franchise does not convey any right to Franchisee to install its Facilities on, under, over, or across any facility or structure owned by a third-party without such written approval of the third-party. 5 Franchise – Verizon Ordinance 3.4 Franchisee is authorized without prior City approval, to offer or provide capacity or bandwidth to its customers consistent with this Franchise provided: a. Franchisee at all times retains exclusive control over its telecommunications system, Facilities and Services and remains responsible for constructing, installing, and maintaining its Facilities pursuant to the terms and conditions of this Franchise; b. Franchisee may not grant rights to any customer or lessee that are greater than any rights Franchisee has pursuant to this Franchise; c. Such customer or lessee shall not be construed to be a third- party beneficiary under this Franchise; and d. No such customer or lessee that accesses Franchisee’s telecommunications Facilities within the City limits may use the telecommunications system or Services for any purpose not authorized by this Franchise, unless that customer has a franchise agreement with the City and then the customer may use Franchisee’s Facilities or Services consistent with the terms of its franchise. SECTION 4. – Location of Facilities. Franchisee may locate its Facilities anywhere within the Franchise Area consistent with the City’s Design and Construction Standards and subject to the City’s applicable permit requirements. Franchisee shall not be required to amend this Franchise to construct or acquire Facilities within the Franchise Area. SECTION 5. – Relocation of Facilities. 5.1 Franchisee agrees to protect, support, temporarily disconnect, relocate, or remove from any Rights-of-Way any of its Facilities when 6 Franchise – Verizon Ordinance reasonably required by the City, including but not limited to the following reasons: a. To improve traffic conditions or public safety; b. Dedications of new Rights-of-Way and the establishment and improvement thereof, widening and improvement of existing Rights-of-Way, street vacations, freeway construction, change or establishment of street grade; c. The construction of any public improvement or structure by any governmental agency or as otherwise necessary for the operations of the City or other governmental entity; and 5.2 Except as otherwise provided by law, the costs and expenses associated with relocations required pursuant to Section 5.1 shall be borne by Franchisee. Nothing contained within this Franchise shall limit Franchisee’s ability to seek reimbursement for relocation costs when authorized by RCW 35.99.060. 5.3 Upon request of the City and in order to facilitate the design of City street and Right-of-Way improvements, Franchisee agrees, at its sole cost and expense, to locate, and if determined necessary by the City, to excavate and expose its Facilities for inspection so that the Facilities’ location may be taken into account in the improvement design. The decision as to whether any Facilities need to be relocated in order to accommodate the City’s improvements shall be made by the City upon review of the location and construction of Franchisee’s Facilities. The City shall provide Franchisee at least fourteen (14) days’ written notice prior to any excavation or exposure of Facilities. Franchisee shall be responsible for any delays due to failure to locate its facilities when requested, except that Franchisee shall not be 7 Franchise – Verizon Ordinance responsible for delays or damages due to circumstances beyond the control of the Franchisee. 5.4 If the City determines that the relocation of Franchisee’s existing Facilities is necessary, the City shall: a. At least forty-five (45) days prior to commencing the project, provide Franchisee with written notice requiring such relocation; except that in the event of an emergency, the City shall give Franchisee written notice as soon as practicable; and b. At least forty-five (45) days prior to commencing the project, provide Franchisee with copies of pertinent portions of the plans and specifications for the improvement project and at the City’s discretion, a proposed location for Franchisee’s Facilities so that Franchisee may relocate its Facilities in other City Rights-of-Way in order to accommodate such improvement project; and c. After receipt of such notice and such plans and specifications, Franchisee shall complete relocation of its Facilities at least ten (10) days prior to commencement of the City’s project at no charge or expense to the City, except as otherwise provided by law. Relocation shall be accomplished in such a manner as to accommodate the City’s project and is subject to permit requirements in Section 8.3. In the event of an emergency, Franchisee shall relocate its Facilities within the time period specified by the City. 5.5 Franchisee may, after receipt of written notice requesting a relocation of its Facilities, submit to the City written alternatives to such relocation. Such alternatives must be submitted to the City at least twenty (20) days prior to commencement of the project. The City shall evaluate the alternatives and advise Franchisee in writing if one or more of the 8 Franchise – Verizon Ordinance alternatives are suitable to accommodate the work that would otherwise necessitate relocation of the Facilities. If so requested by the City, Franchisee shall submit at its sole cost and expense additional information to assist the City in making such evaluation. The City shall give each alternative proposed by Franchisee full and fair consideration. If the City ultimately determines that there is no other reasonable or feasible alternative, Franchisee shall relocate its Facilities as otherwise provided in this Section 5. 5.6 The Franchisee may make its own appropriate arrangements in response to a request for relocation of its Facilities from a person or entity other than the City, so long as any improvements being constructed are not or will not become City-owned, operated or maintained; except that any such arrangements shall not unduly delay a City construction project. 5.7 If any person has obtained permission from the City to use any Right- of-Way for the purpose of moving any building, upon thirty (30) days’ written notice from the City, Franchisee, shall raise, remove, or relocate to another part of the Right-of-Way, any of Franchisee’s Facilities that may obstruct the removal of such building, at the expense of the person desiring to move the building. 5.8 If Franchisee, after making all commercially reasonable efforts, fails, neglects, or refuses to remove or relocate its Facilities as directed by the City, the City may perform such work or cause it to be done, and the City’s costs shall be paid by Franchisee pursuant to Section 16.3 and Section 16.4. 5.9 Franchisee shall indemnify, hold harmless, and pay the costs of defending the City, in accordance with the provisions of Section 18.3, against any and all claims, suits, actions, damages, or liabilities for delays on City construction projects caused by or arising out of the failure of Franchisee to locate, remove or relocate its Facilities in a timely manner; provided, that 9 Franchise – Verizon Ordinance Franchisee shall not be responsible for damages due to delays caused by circumstances beyond the reasonable control of Franchisee or the negligence, willful misconduct, or unreasonable delays by the City or delays by any unrelated third party. 5.10 The provisions of this Section 5 shall survive the expiration or termination of this Franchise during such time as Franchisee continues to have Facilities in the Rights-of-Way. Additionally, the provisions of this Section 5 are applicable only so long as the Right-of-Way is owned and/or controlled by the City. SECTION 6. – Undergrounding of Facilities. 6.1 Franchisee shall install all wires, cables or other facilities underground (unless specifically authorized by permit of the City) in the manner required by the City as described in Kent City Code Chapter 7.10. Unless otherwise permitted by the City, Franchisee shall also underground its Facilities in all new developments and subdivisions and in any development or subdivision where utilities are currently underground. Except as specifically authorized by the City, Franchisee shall not erect poles or run or suspend wires, cables, or any other facilities on existing poles. 6.2 Franchisee acknowledges and agrees that if the City does not require the undergrounding of its Facilities at the time of a permit application, the City may, at any time in the future, require that the Franchisee to underground its Facilities at Franchisee’s expense. 6.3 If the City requires the undergrounding of the aerial utilities in any area of the City, Franchisee shall underground its aerial Facilities in the manner specified by the City, concurrently with and in the area of the other affected utilities. The location of any relocated and underground utilities shall be approved by the City. Where other utilities are present and involved 10 Franchise – Verizon Ordinance in the undergrounding project, Franchisee shall only be required to pay its fair share of common costs borne by all utilities, in addition to the costs specifically attributable to the undergrounding of Franchisee’s own Facilities. “Common costs” shall include necessary costs not specifically attributable to the undergrounding of any particular facility, such as costs for common trenching and utility vaults. “Fair share” shall be determined for a project on the basis of the number of conduits of Franchisee’s Facilities being undergrounded in comparison to the total number of conduits of all other utility facilities being undergrounded. This Section 6.3 shall only apply to the extent Franchisee has existing aerial Facilities in the City or is specifically authorized to build aerial Facilities by the City. 6.4 Within forty-eight (48) hours (excluding weekends and City-recognized holidays) following a request from the City, Franchisee shall, at its sole cost and expense, locate underground Facilities by marking the location on the ground. The location of the underground Facilities shall be identified using orange spray paint, unless otherwise specified by the City, and within two feet of the actual location. 6.5 Franchisee shall be entitled to reasonable access to open utility trenches, provided that such access does not interfere with the City’s placement of utilities or increase the City’s costs. Franchisee shall pay the City’s actual costs resulting from providing Franchisee access to an open trench, including without limitation the pro rata share of the costs of access to an open trench and any costs associated with the delay of the completion of a public works project. Franchisee shall reimburse the City in accordance with the provisions of Section 16.3 and Section 16.4. 6.6 Franchisee shall not remove any underground cable or conduit that requires trenching or other opening of the Rights-of-Way along the extension of cable to be removed, except as provided in this Section 6.6. Franchisee 11 Franchise – Verizon Ordinance may remove any underground cable from the Right-of-Way that can be removed without trenching or other opening of the Right-of-Way along the extension of cable to be removed, or if otherwise permitted by the City. Franchisee may remove any underground cable from the Rights-of-Way where reasonably necessary to replace, upgrade, or enhance its Facilities, or pursuant to Section 5. Franchisee must apply and receive a permit, pursuant to Section 8.3, prior to any such removal of underground cable or conduit from the Right-of-Way and must provide as-built plans and maps pursuant to Section 7.1. 6.7 When the City determines, in the City’s sole discretion, that Franchisee’s underground Facilities must be removed in order to eliminate or prevent a hazardous condition, Franchisee shall remove the Facilities at Franchisee’s sole cost and expense. 6.8 Underground cable and conduit in the Right-of-Way that is not removed will be deemed abandoned and title thereto shall vest in the City at no cost to the City. The City may also pursue any available remedy set forth in Section 5 and Section 20. 6.9 The provisions of this Section 6 shall survive the expiration, revocation, or termination of this Franchise during such time as Franchisee continues to have Facilities in the Rights-of-Way. Nothing in this Section 6 shall be construed as requiring the City to pay any costs of undergrounding any of Franchisee’s Facilities. SECTION 7. – Maps and Records. 7.1 No later than sixty (60) days after construction is complete, Franchisee shall provide the City with accurate copies of as-built plans and maps stamped and signed by a professional land surveyor having a form and content reasonably prescribed by the Director. These plans and maps shall 12 Franchise – Verizon Ordinance be provided at no cost to the City, and shall include hard copies and digital files in AutoCAD or other industry standard readable formats that are acceptable to the City. The Franchisee shall also provide any as-built plans, maps and records (digital and/or hard copies) within ten (10) days following a request from the City. Franchisee shall warrant the accuracy of all plans, maps and as-builts provided to the City. 7.2 Within thirty (30) days of a written request from the City, Franchisee shall furnish the City with information sufficient to demonstrate: 1) that Franchisee has complied with all applicable requirements of this Franchise; and 2) that all taxes, including but not limited to sales, utility and/or telecommunications taxes due the City in connection with Franchisee’s Services and Facilities have been properly collected and paid by Franchisee. 7.3 All books, records, maps, and other documents maintained by Franchisee with respect to its Facilities within the Rights-of-Way shall be made available for inspection by the City at reasonable times and intervals; except that nothing in this Section 7.3 shall be construed to require Franchisee to violate state or federal law regarding customer privacy. This Section 7.3 shall not be construed to require Franchisee to disclose proprietary or confidential information without adequate safeguards for its confidential or proprietary nature. Unless otherwise prohibited by State or federal law, nothing in this Section 7.3 shall be construed as permission to withhold relevant customer data from the City that the City requests in conjunction with a tax audit or review; except that Franchisee may redact identifying information such as names, street addresses (excluding City and zip code), Social Security Numbers, or Employer Identification Numbers related to any confidentiality agreements Franchisee has with third parties. 7.4 Franchisee acknowledges that information submitted to the City is subject to the Washington Public Records Act, chapter 42.56 RCW, and is 13 Franchise – Verizon Ordinance open to public inspection, subject to any exceptions permitted by law (unless an exemption applies). 7.5 Franchisee may identify documents submitted to the City that Franchisee believes are non-disclosable, such as trade secrets. Franchisee shall be responsible for clearly and conspicuously identifying the work as confidential or proprietary, and shall provide a brief written explanation as to why such information is confidential and how it may be treated as such under State or federal law. The City agrees to keep confidential any proprietary or confidential books or records to the extent permitted by law. If the City receives a public records request under chapter 42.56 RCW or similar law for the disclosure of the documents or any part of the documents Franchisee has designated as confidential, trade secret, or proprietary, the City shall provide Franchisee with written notice of the request, including a copy of the request prior to disclosure so that Franchisee can take appropriate steps to protect its interests. Nothing in this Section 7.5 prohibits the City from complying with chapter 42.56 RCW or any other applicable law or court order requiring the release of public records, and the City shall not be liable to Franchisee for compliance with any law or court order requiring the release of public records. The City will not assert an exemption from disclosure or production on Franchisee’s behalf. The City shall comply with any injunction or court order obtained by Franchisee that prohibits the disclosure of any such confidential records. If a higher court overturns an injunction or court order and such higher court action is or has become final and non-appealable, Franchisee shall reimburse the City for any fines or penalties imposed for failure to disclose such records within forty-five (45) days of a request from the City, unless additional time is reasonably necessary under the circumstances and is agreed to by the parties. SECTION 8. – Work in the Rights-of-Way. 14 Franchise – Verizon Ordinance 8.1 During any period of relocation, construction or maintenance, all work performed by Franchisee or its contractors shall be accomplished in a safe and workmanlike manner and only after obtaining permits pursuant to Section 8.3. Franchisee shall minimize interference with the free passage of traffic and the free use of adjoining property, whether public or private. Franchisee shall at all times post and maintain proper traffic control to warn and direct the road users. Traffic control devices include but are not limited to barricades, traffic cones, traffic drums, tubular markers, flags, certified flaggers, lights, flares, and other measures as required for the safety of all members of the general public. Franchisee shall also comply with all applicable safety regulations during such period of construction as required by the ordinances of the City or the laws of the State of Washington, including RCW 39.04.180 for the requirement of trench safety systems for trench excavations. 8.2 Franchisee shall, at its own expense, maintain its Facilities in a safe condition, in good repair, and in a manner suitable to the City. Additionally, Franchisee shall keep its Facilities free of debris and anything of a dangerous, noxious, or offensive nature or which would create a hazard or undue vibration, heat, noise, or any interference with City services. The provisions of this Section 8 shall survive the expiration of this Franchise during such time as Franchisee continues to have Facilities in the Rights-of-Way. 8.3 Whenever Franchisee shall commence work in any public Rights-of- Way for the purpose of excavation, installation, construction, repair, maintenance, or relocation of its cable or equipment, it shall apply to the City for a permit to do so and, in addition, shall give the City at least ten (10) working days prior notice of its intent to commence work in the Rights-of- Way. All work by Franchisee in the area shall be performed in accordance with applicable City standards and specifications and warranted for a period of two (2) years, normal wear and tear excepted. In no case shall any work 15 Franchise – Verizon Ordinance commence within any Rights-of-Way without a permit, except as otherwise provided in this Franchise. 8.4 If either the City or Franchisee plans to make excavations in any area covered by this Franchise and as described in this Section 8.4, the party planning such excavation shall afford the other, an opportunity to share such excavation, PROVIDED THAT: a. The joint use shall not unreasonably delay the work of the party causing the excavation to be made; b. The joint use shall be arranged and accomplished on terms and conditions satisfactory to both parties; and c. The initiating party may deny such request for safety reasons. 8.5 Except for emergency situations, Franchisee shall give at least seven (7) days’ prior written notice of intended construction to residents within 300 feet of the construction area. This notice shall contain the dates, contact number, nature and location of the work to be performed; a door hanger is permissible. At least twenty-four (24) hours prior to entering private property or streets or public easements adjacent to or on such private property, Franchisee shall physically post a notice on the property indicating the nature and location of the work to be performed; a door hanger is permissible. Nothing in this Franchise gives the Franchisee the right to enter onto private property without the permission of the private property owner. 8.6 Franchisee shall make a good faith effort to comply with the property owner/resident’s preferences, if any, on location or placement of underground installations (excluding aerial cable lines utilizing existing poles and existing cable paths), consistent with sound engineering practices. Following performance of the work, Franchisee shall restore the private property as nearly as possible to its condition prior to construction, except for 16 Franchise – Verizon Ordinance any change in condition not caused by Franchisee. Any disturbance of landscaping, fencing, or other improvements on private property caused by Franchisee’s work shall, at the sole expense of Franchisee, be promptly repaired and restored to the reasonable satisfaction of the property owner/resident. 8.7 Franchisee shall at all times comply with the safety requirements contained in Section 11 and all applicable federal, State and local safety requirements. 8.8 Upon prior written notice from the City, Franchisee shall meet with the City and other franchise holders to schedule and coordinate construction in the Rights-of-Way. To minimize public inconvenience, disruption or damage, the Franchisee shall coordinate all construction locations, activities, and schedules as directed by the City. 8.9 Franchisee acknowledges that it shall be solely responsible for compliance with all marking and lighting requirements of the FAA and the FCC with respect to Franchisee’s Facilities. Franchisee shall indemnify and hold the City harmless from any fines or other liabilities caused by Franchisee’s failure to comply with these requirements. Should Franchisee or the City be cited by either the FCC or the FAA because the Facilities or Franchisee’s equipment is not in compliance and should Franchisee fail to cure the conditions of noncompliance within the timeframe allowed by the citing agency, the City may elect any or all of the following remedies: (1) cure the conditions of noncompliance at Franchisee’s expense, and collect all reasonable costs from Franchisee in accordance with the provisions of Section 16.3 and Section 16.4; (2) collect damages pursuant to Section 22.2; and (3) revoke this Franchise pursuant to Section 23. Franchisee shall not be liable for any claims, damages or liability resulting from City’s acts in effecting the cure on behalf of Franchisee. 17 Franchise – Verizon Ordinance SECTION 9. – Trees. 9.1 Franchisee may trim trees upon and overhanging on public ways, streets, alleys, sidewalks, and other public places of the City so as to prevent the branches of any such trees from coming in contact with Franchisee’s Facilities. The right to trim trees in this Section 9.1 only applies to the extent necessary to protect above ground Facilities. Franchisee shall ensure that its tree trimming activities protect the appearance, integrity, and health of the trees to the extent reasonably possible. Franchisee shall be responsible for all debris removal from such activities. 9.2 Franchisee shall prepare and maintain a tree trimming schedule to ensure compliance with this Section 9.2 and to avoid exigent circumstances where tree cutting, trimming, or removal is necessary to protect the public safety or continuity of service. Franchisee shall submit the tree trimming schedule to the Director. Franchisee shall notify and obtain written approval from the City before completing any trimming, except in an emergency. 9.3 All tree trimming shall be completed at the expense of Franchisee. Franchisee may contract for such services, however, City approval is required prior to commencing such trimming. Nothing in this Franchise grants Franchisee any authority to act on behalf of the City, to enter upon any private property, or to trim any tree or natural growth not owned by the City. Franchisee shall be solely responsible and liable for any damage to any third parties’ trees or natural growth caused by Franchisee’s actions. Franchisee shall indemnify, defend and hold harmless the City from claims of any nature arising out of any act or negligence of Franchisee with regard to tree and/or natural growth trimming, damage, and/or removal. Franchisee shall reasonably compensate the City or the property owner for any damage caused by trimming, damage, or removal by Franchisee. Except in an emergency, all tree trimming must be performed under the direction of an 18 Franchise – Verizon Ordinance arborist certified by the International Society of Arboriculture, unless otherwise approved by the Director. SECTION 10. – One Call Locator Service. Prior to doing any work in the Rights-of-Way, the Franchisee shall follow established procedures, including contacting the Utility Notification Center in Washington and comply with all applicable State statutes regarding the One Call Locator Service pursuant to chapter 19.122 RCW. The City shall not be liable for any damages to Franchisee’s Facilities or for interruptions in service to Franchisee’s customers that are a direct result of Franchisee’s failure to accurately locate its Facilities within the prescribed time limits and guidelines established by the One Call Locator Service regardless of whether the City issued a permit. SECTION 11. – Safety Requirements. 11.1 Franchisee shall, at all times, employ professional care and shall install and maintain and use industry-standard methods for preventing failures and accidents that are likely to cause damage, injuries, or nuisances to the public. All structures and all lines, equipment, and connections in, over, under, and upon the Rights-of-Ways, wherever situated or located, shall at all times be kept and maintained in a safe condition. Franchisee shall comply with all federal, State, and City safety requirements, rules, regulations, laws, and practices, and employ all necessary devices as required by applicable law during the construction, operation, maintenance, upgrade, repair, or removal of its Facilities. By way of illustration and not limitation, Franchisee shall also comply with the applicable provisions of the National Electric Code, National Electrical Safety Code, FCC regulations, and Occupational Safety and Health Administration (OSHA) Standards. Upon reasonable notice to Franchisee, the City reserves the general right to inspect the Facilities to evaluate if they are constructed and maintained in a safe condition. 19 Franchise – Verizon Ordinance 11.2 If an unsafe condition or a violation of Section 11.1 is found to exist, and becomes known to the City, the City agrees to give Franchisee written notice of any such condition and afford Franchisee a reasonable opportunity to repair the condition. If Franchisee fails to start to make the necessary repairs and alterations within the time frame specified in such notice (and pursue the cure to completion), then the City may make such repairs or contract for them to be made. All costs, including administrative costs, incurred by the City in repairing any unsafe conditions shall be borne by Franchisee and reimbursed to the City pursuant to Section 16.3 and Section 16.4. 11.3 Additional safety standards include: a. Franchisee shall endeavor to maintain all equipment lines and facilities in an orderly manner, including, but not limited to, the removal of all bundles of unused cable. b. All installations of equipment, lines, and ancillary facilities shall be installed in accordance with industry-standard engineering practices and shall comply with all federal, State, and local regulations, ordinances, and laws. c. The Franchisee shall protect any opening or obstruction in the Rights-of-Way or other public places made by Franchisee in the course of its operations with adequate barriers, fences, or boarding, the bounds of which, during periods of dusk and darkness, shall be clearly marked and visible at night. SECTION 12. – Work of Contractors and Subcontractors. Franchisee’s contractors and subcontractors shall be licensed and bonded in accordance with State law and the City’s ordinances, regulations, and requirements. Work by contractors and subcontractors is subject to the 20 Franchise – Verizon Ordinance same restrictions, limitations, and conditions as if the work were performed by Franchisee. Franchisee shall be responsible for all work performed by its contractors and subcontractors and others performing work on its behalf as if the work were performed by Franchisee and shall ensure that all such work is performed in compliance with this Franchise and applicable laws. SECTION 13. – Provision of Conduit. 13.1 The City may request that Franchisee provide the City with a single two (2) inch conduit, and related structures necessary to access the conduit pursuant to RCW 35.99.070 in one or more of the locations where Franchisee constructs, installs or relocates Facilities underground. Franchise shall install a locator wire and cap off all conduit ends. Conduit ends shall be marked on the as-built plans and maps required in Section 7. 13.2 Except in emergency situations, Franchisee shall provide the Director with at least thirty (30) days’ advance written notice of any construction, relocation, or placement of ducts or conduits in the Rights-of-Way and provide the City an opportunity to request that Franchisee provide the City with additional duct or conduit, and related structures necessary to access the conduit pursuant to RCW 35.99.070. This notification shall be in addition to the requirement to apply for and obtain permits pursuant to Section 8.3. SECTION 14. – Restoration after Construction. 14.1 Franchisee shall repair any damage to the Rights-of-Way, and the property of any third party, after installation, construction, relocation, maintenance, or repair of its Facilities or after abandonment approved pursuant to Section 20, within ten (10) days following the date of any of these activities at Franchisee’s sole cost and expense. Franchisee shall restore the Rights-of-Way and the surface of the Rights-of-Way to the same or better condition as it was immediately prior to any installation, construction, relocation, maintenance or repair by Franchisee. Franchisee 21 Franchise – Verizon Ordinance shall not be responsible for any changes to the Rights-of-Way not caused by Franchisee or anyone doing work for Franchisee. No survey monument may be removed (or replaced) without a professional land surveyor obtaining a permit in advance from the Washington State Department of Natural Resources and submitting a copy of the approved permit to the City. Franchisee shall restore all concrete encased monuments that will be disturbed or displaced by such work to City standards and specifications. The Director shall have final approval of the condition of the Rights-of-Way after repair or restoration by the Franchisee. 14.2 Franchisee agrees to complete all restoration work to the Franchise Area or other affected area at its sole costs and expense and according to the time and terms specified in the construction permit issued by the City. Franchisee also agrees to repair any damage caused by work to the Franchise Area within fourteen (14) days unless otherwise approved by the Director. All work by Franchisee pursuant to this Franchise shall be performed in accordance with applicable City standards and warranted for a period of two (2) years and for undiscovered defects as is standard and customary for this type of work. 14.3 If conditions (e.g., weather) make the complete restoration required under Section 14 impracticable, Franchisee shall temporarily restore the affected Right-of-Way or property at its sole cost and expense. Franchisee shall promptly undertake and complete the required permanent restoration as soon as conditions no longer make such permanent restoration impracticable. 14.4 If Franchisee does not repair a Right-of-Way or an improvement in or to a Right-of-Way within the time prescribed by this Section 14, the City may repair the damage and shall be reimbursed its actual cost within sixty (60) days of submitting an itemized invoice to Franchisee in accordance with the 22 Franchise – Verizon Ordinance provisions of Section 16.3 and Section 16.4. The City may also bill Franchisee for any expenses associated with the inspection of such restoration work. 14.5 The provisions of this Section 14 shall survive the expiration or termination of this Franchise so long as Franchisee continues to have Facilities in the Rights-of-Way and has not completed all restoration to the City’s standards. SECTION 15. – Emergencies. 15.1 In the event of any emergency in which any of Franchisee’s Facilities located in or under any street endangers the property, life, health, or safety of any person, entity or the City, or if Franchisee’s construction area is otherwise in such a condition as to immediately endanger the property, life, health, or safety of any person, entity or the City, Franchisee shall immediately repair its Facilities and cure or remedy the dangerous conditions for the protection of property, life, health, or safety of any person, entity or the City, without first applying for and obtaining a permit as required by this Franchise. The Franchisee shall apply for any necessary permits on the next day Kent City Hall is open for business. 15.2 Whenever the construction, installation, or excavation of Facilities authorized by this Franchise has caused or contributed to a condition that appears to substantially impair the lateral support of the adjoining street or public place, an adjoining public place, street utilities, City property, Rights- of-Way, or private property (collectively “Endangered Property”) or endangers the public, the Director may direct Franchisee, at Franchisee’s own expense, to take reasonable action to protect the Endangered Property or the public within a prescribed time. If Franchisee fails or refuses to promptly take the actions directed by the City, or fails to fully comply with such directions, or if an emergency situation exists that requires immediate 23 Franchise – Verizon Ordinance action before the City can timely contact Franchisee to request Franchisee effect the immediate repair, the City may enter upon the Endangered Property and take such reasonable actions as are necessary to protect the Endangered Property or the public. Franchisee shall be liable to the City for the costs of any such repairs in accordance with the provisions of Sections 16.3 and 16.4. 15.3 The City retains the right and privilege to cut or move any Facilities located within the Rights-of-Way of the City, as the City may determine to be necessary, appropriate, or useful in response to any public health or safety emergency. The City shall notify Franchisee by telephone promptly upon learning of the emergency and shall exercise reasonable efforts to avoid an interruption of Franchisee’s operations. 15.4 The City shall not be liable for any damage to or loss of Facilities within the Rights-of-Way as a result of or in connection with any public works, public improvements, construction, grading, excavation, filling, or work of any kind in the Rights-of-Way by or on behalf of the City, unless directly and proximately caused by the gross negligence or willful acts of the City, its employees, contractors, or agents. The City shall further not be liable to Franchisee for any direct, indirect, or any other such damages suffered by any person or entity of any type as a direct or indirect result of the City’s actions under this Section 15 unless caused by the gross negligence or willful acts of the City, its employees, contractors, or agents. 15.5 Franchisee shall promptly reimburse the City in accordance with the provisions of Section 16.3 and Section 16.4 for any and all costs the City reasonably incurs in response to any emergency situation involving Franchisee’s Facilities, to the extent said emergency is not the fault of the City. The City agrees to simultaneously seek reimbursement from any 24 Franchise – Verizon Ordinance franchisee or permit holder who caused or contributed to the emergency situation. SECTION 16. – Recovery of Costs. 16.1 Franchisee shall reimburse the City for its actual and documented administrative, legal, and other costs incurred in drafting and processing this Franchise and all work related thereto pursuant to RCW 35.21.860(1)(b), in an amount not to exceed $6,000.00. No construction permits shall be issued for the installation of Facilities authorized until the City has received this reimbursement. 16.2 Franchisee shall further be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise or under the laws of the City. Where the City incurs costs and expenses for review, inspection, or supervision of activities, including but not limited to reasonable fees associated with attorneys, consultants, City Staff and City Attorney time, undertaken through the authority granted in this Franchise or any ordinances relating to the subject for which a permit fee is not established, Franchisee shall pay such costs and expenses directly to the City in accordance with the provisions of Section 16.3. 16.3 Franchisee shall reimburse the City within sixty (60) days of submittal by the City of an itemized billing for reasonably incurred costs, itemized by project, for Franchisee’s proportionate share of all actual, identified expenses incurred by the City in planning, constructing, installing, repairing, altering, or maintaining any City facility as the result of the presence of Franchisee’s Facilities in the Rights-of-Way. Such costs and expenses shall include but not be limited to Franchisee’s proportionate cost of City personnel assigned to oversee or engage in any work in the Rights-of-Way as the result of the presence of Franchisee’s Facilities in the Rights-of-Way. Such costs and expenses shall also include Franchisee’s proportionate share of any time 25 Franchise – Verizon Ordinance spent reviewing construction plans in order to either accomplish the relocation of Franchisee’s Facilities or the routing or rerouting of any utilities so as not to interfere with Franchisee’s Facilities. 16.4 The time of City employees shall be charged at their respective rate of salary, including overtime if applicable, plus benefits and reasonable overhead. Any other costs will be billed proportionately on an actual cost basis. All billings will be itemized so as to specifically identify the costs and expenses for each project for which the City claims reimbursement. A charge for the actual costs incurred in preparing the billing may also be included in said billing. At the City’s option, the billing may be on an annual basis, but the City shall provide the Franchisee with the City’s itemization of costs, in writing, at the conclusion of each project for information purposes. SECTION 17. – City’s Reservation of Rights. 17.1 Franchisee represents that its Services, as authorized under this Franchise, are a telephone business as defined in RCW 82.16.010, or that it is a service provider as used in RCW 35.21.860 and defined in RCW 35.99.010. As a result, the City will not impose franchise fees under the terms of this Franchise. The City reserves its right to impose a franchise fee on Franchisee if Franchisee’s Services as authorized by this Franchise change such that the statutory prohibitions of RCW 35.21.860 no longer apply or if statutory prohibitions on the imposition of such fees are otherwise removed. The City also reserves its right to require that Franchisee obtain a separate franchise for a change in use, which franchise may include provisions intended to regulate Franchisee’s operations as allowed under applicable law. Nothing contained within this Franchise shall preclude Franchisee from challenging any such new fee or separate agreement under applicable federal, State, or local laws. 26 Franchise – Verizon Ordinance 17.2 Franchisee acknowledges that certain of its operations within the City may constitute a telephone business subject to the utility tax imposed pursuant to the Kent City Code Chapter 3.18. Franchisee understands that RCW 35.21.870 currently limits the rate of city tax upon telephone business activities to six percent (6%) of gross income (as that term is defined in Kent City Code Chapter 3.18), unless a higher rate is otherwise approved. Franchisee stipulates and agrees that certain of its business activities may be subject to taxation as a telephone business and that Franchisee shall pay to the City the rate applicable to such taxable services under Kent City Code Chapter 3.18, and consistent with state and federal law. The parties agree however, that nothing in this Franchise shall limit the City's power of taxation as may exist now or as later imposed by the City. This provision does not limit the City's power to amend Kent City Code Chapter 3.18 as may be permitted by law. Nothing in this Section 17 is intended to alter, amend, modify or expand the taxes and fees that may lawfully be assessed on Verizon’s business activities under this franchise under applicable law. SECTION 18. – Indemnification. 18.1 General Indemnification. Franchisee shall indemnify, defend, and hold the City, its officers, officials, boards, commissions, agents, and employees, harmless from any action or claim for injury, damage, loss, liability, cost or expense, including court and appeal costs and reasonable attorneys' fees or reasonable expenses, arising from any casualty or accident to Person or property, including, without limitation, damages in any way arising out of, or by reason of, any construction, excavation, operation, maintenance, reconstruction, or any other act done under this Franchise, by or for Franchisee, its agents, or its employees, or by reason of any neglect or omission of Franchisee. Franchisee shall consult and cooperate with the City while conducting its defense of the City under this Franchise. Franchisee 27 Franchise – Verizon Ordinance shall not be obligated to indemnify the City to the extent of the City’s negligence or willful misconduct. 18.2 Indemnification for Relocation. Franchisee shall defend, indemnify, and hold the City harmless for any damages, claims, additional costs or reasonable expenses and attorneys’ fees, including contractor construction delay damages, assessed against or payable by the City and arising out of or resulting from Franchisee's negligence or willful misconduct contributing to Franchisee’s failure to remove, adjust, or relocate any of its facilities in the Rights-of-Way in accordance with any relocation required by the City, provided that Franchisee shall not be liable under this section in the event Franchisee’s failure to remove, adjust or relocate any of its facilities is the result of a force majeure event or events beyond the control of Franchisee. 18.3 Procedures and Defense. If a claim or action arises, the City or any other indemnified party shall promptly notify Franchisee of such claim or action and tender the defense of the claim or action to Franchisee, which defense shall be at Franchisee’s expense. The City’s failure to so notify and request indemnification shall not relieve Franchisee of any liability that Franchisee might have, except to the extent that such failure prejudice Franchisee’s ability to defend such claim or suit. The City may participate in the defense of a claim, but if Franchisee provides a defense at Franchisee’s expense then Franchisee shall not be liable for any attorneys’ fees, expenses, or other costs the City may incur if it chooses to participate in the defense of a claim, unless and until separate representation as described in Section 18.5 is required. In that event, the provisions of Section 18.5 shall govern Franchisee’s responsibility for City’s attorney’s fees, expenses, or other costs. In any event, Franchisee may not agree to any settlement of claims affecting the City without the City's consent, such consent not to be unreasonable withheld or delayed. 28 Franchise – Verizon Ordinance 18.4 Non-waiver. The fact that Franchisee carries out any activities under this Franchise through independent contractors shall not constitute an avoidance of or defense to Franchisee's duty of defense and indemnification under this subsection. 18.5 Expenses. If separate representation to fully protect the interests of both parties is or becomes necessary, such as a conflict of interest between the City and the counsel selected by Franchisee to represent the City, Franchisee shall pay, from the date such separate representation is required forward, all reasonable expenses incurred by the City in defending itself with regard to any action, suit, or proceeding subject to indemnification by Franchisee. Provided, however, that in the event that such separate representation is or becomes necessary, and the City desires to hire counsel or any other outside experts or consultants and desires Franchisee to pay those expenses, then the City shall be required to obtain Franchisee’s consent to the engagement of such counsel, experts, or consultants, such consent not to be unreasonably withheld. The City's expenses shall include all reasonable out-of-pocket costs and expenses, such as consultants' fees and court costs, but shall not include outside attorneys’ fees for services that are unnecessarily duplicative of services provided the City by Franchisee, except in the event of a conflict of interest where such duplication may be required. Each party agrees to cooperate and to cause its employees and agents to cooperate with the other party in the defense of any claim or action. 18.6 The parties acknowledge that this Franchise is subject to RCW 4.24.115. Accordingly, 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 Franchisee and the City, its officers, officials, employees, and volunteers, Franchisee’s liability shall be only to the extent of Franchisee’s negligence. It is further specifically and expressly understood 29 Franchise – Verizon Ordinance that the indemnification provided constitutes Franchisee’s waiver of immunity under Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. 18.7 The provisions of this Section 18 shall survive the expiration, revocation, or termination of this Franchise. SECTION 19. – Insurance. 19.1 Franchisee shall maintain in full force and effect at its own cost and expense each of the following policies of insurance: a. Commercial General Liability insurance with limits of no less than $5,000,000 per occurrence and $5,000,000 general aggregate. Coverage shall be at least as broad as that provided by ISO CG 00 01 1/96 or its equivalent and include severability of interests. Such insurance shall name the City, its officers, officials and employees as additional insureds per ISO CG 2026 or its equivalent. There shall be a waiver of subrogation and rights of recovery against the City, its officers, officials and employees. Coverage shall apply as to claims between insureds on the policy, if applicable. Coverage may take the form of a primary layer and a secondary or umbrella layer, but the combination of layers must equal $5,000,000 at a minimum. b. Commercial Automobile Liability insurance with minimum combined single limits of $5,000,000.00 each occurrence with respect to each of Franchisee’s owned, hired and non-owned vehicles assigned to or used in the operation of the Facilities in the City. The policy shall contain a severability of interests provision. 30 Franchise – Verizon Ordinance c. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington and employer’s liability with a limit of $1,000,000 each accident/disease/policy limit; and 19.2 Deductibles/Certificate of Insurance. Any deductible of the policies shall not in any way limit Franchisee’s liability to the City. 19.3 Endorsements. All policies shall contain, or shall be endorsed so that: a. The City, its officers, officials, boards, commissions, employees, and agents are to be covered as, and have the rights of, additional insureds with respect to liability arising out of activities performed by, or on behalf of, Franchisee under this Franchise or Applicable Law, or in the construction, operation or repair, or ownership of the Cable System; b. Franchisee's insurance coverage shall be primary insurance with respect to the City, its officers, officials, boards, commissions, employees, and agents. Any insurance or self-insurance maintained by the City, its officers, officials, boards, commissions, employees, and agents shall be in excess of the Franchisee's insurance and shall not contribute to it; and c. Franchisee's insurance shall apply separately to each insured against whom a claim is made or lawsuit is brought, except with respect to the limits of the insurer's liability. 19.4 Acceptability of Insurers. The insurance obtained by Franchisee shall be placed with insurers with a Best's rating of no less than "A VII." 19.5 Verification of Coverage. The Franchisee shall furnish the City with certificates of insurance and endorsements or a copy of the page of the policy reflecting blanket additional insured status. The certificates and endorsements for each insurance policy are to be signed by a Person 31 Franchise – Verizon Ordinance authorized by that insurer to bind coverage on its behalf. The certificates and endorsements for each insurance policy are to be on standard forms or such forms as are consistent with standard industry practices. 19.6 Franchisee’s maintenance of insurance as required by this Section 19 shall not be construed to limit the liability of Franchisee to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or equity. Further, Franchisee’s maintenance of insurance policies required by this Franchise shall not be construed to excuse unfaithful performance by Franchisee. 32 Franchise – Verizon Ordinance SECTION 20. – Abandonment of Franchisee’s Telecommunications Network. Upon the expiration, termination, or revocation of the rights granted under this Franchise, Franchisee shall remove all of its Facilities from the Rights-of-Way within thirty (30) days of receiving written notice from the Director. The Facilities, in whole or in part, may not be abandoned by Franchisee without written approval by the City. Any plan for abandonment or removal of Franchisee’s Facilities must be first approved by the Director, and all necessary permits must be obtained prior to this work. The plan for abandonment shall include a proposal and instruments for transferring ownership to the City. Any Facilities that are not permitted to be abandoned in place and that are not removed within thirty (30) days of receipt of City’s notice shall automatically become the property of the City. Except that nothing contained within this Section 20 shall prevent the City from compelling Franchisee to remove any such Facilities through judicial action when the City has not permitted the Franchisee to abandon the Facilities in place. The provisions of this Section 20 shall survive the expiration, revocation, or termination of this Franchise. SECTION 21. – Bonds. 21.1 Construction Guarantee. As a condition of performing work in the Right-of-Way, the timely, complete, and faithful performance of all construction work in the Right-of-Way shall be guaranteed in an amount equal to one hundred twenty five percent (125%) of the cost estimate (prepared by a licensed contractor, professional engineer, or architect) of the construction work. The guarantee may be by performance bond or irrevocable letter of credit. If Franchisee, in the sole judgment of the City, has a history of corrections or defaults, Franchisee must provide the full guarantee by assignment of funds. These funds shall guarantee the following: (1) timely completion of construction; (2) construction in compliance with all applicable plans, permits, technical codes, and standards; 33 Franchise – Verizon Ordinance (3) proper location of the Facilities as specified by the City; (4) restoration of the Rights-of-Way and other City properties affected by the construction; (5) submission of as-built drawings after completion of construction; and (6) timely payment and satisfaction of all claims, demands, or liens for labor, materials, or services provided in connection with the work that could be asserted against the City or City property. The guarantee must remain in full force until the completion of construction, including final inspection, corrections, and final approval of the work, recording of all easements, provision of as-built drawings, and the posting of a maintenance guarantee as described in Section 21.2. Compliance with the performance guarantee requirement of the City’s current Design and Construction Standards shall satisfy the provisions of this Section 21.1. 21.2 Maintenance Guarantee. Maintenance and the successful operation of the Right-of-Way improvements shall be bonded for a period of at least two (2) years (or other period as required by Kent City Code) from the date of final construction approval. The bond shall be in an amount to be determined by the City. The minimum maintenance guarantee shall be Five Thousand Dollars ($5,000.00) or twenty percent (20%) of the original performance construction guarantee as described in Section 20.1, whichever is greater. At six (6)-month intervals during this maintenance period, the City will inspect the improvements and identify to Franchisee any noted deficiencies. Franchisee will have thirty (30) days to correct any deficiencies. The satisfactory correction of the work may commence a new two (2)-year maintenance period for the improvements as corrected, as determined by the City. The City will initiate collection against the financial guarantee if deficiencies are not satisfactorily addressed by the end of the thirty (30)-day response period. Compliance with the maintenance guarantee requirement of the City’s current Design and Construction Standards shall satisfy the provisions of this Section 21.2. 34 Franchise – Verizon Ordinance 21.3 Original financial guarantee amounts described in Section 21.1 and Section 21.2 above may be reduced one time only prior to the maintenance period, at the discretion of the City. If an extension to any associated permits are granted, the financial guarantees may be increased based on an updated engineer’s cost estimate or as determined by the City. Financial guarantees will be fully released only after all final punchlist items are accomplished, final construction approval, and the elapse of the two (2)-year maintenance guarantee period with all corrective actions complete and accepted by the City. 21.4 Franchisee shall provide City with a bond in the amount of Twenty-Five Thousand Dollars ($25,000.00) (“Franchise Bond”) running or renewable for the term of this Franchise, in a form and substance reasonably acceptable to City. In the event Franchisee shall fail to substantially comply with any one or more of the provisions of this Franchise, following written notice and a reasonable opportunity to cure, then there shall be recovered jointly and severally from Franchisee and the bond any actual damages suffered by City as a result thereof, including but not limited to staff time, material and equipment costs, compensation or indemnification of third parties, and the cost of removal or abandonment of Facilities. Franchisee specifically agrees that its failure to comply with the terms of this Section 21.4 shall constitute a material breach of this Franchise, subject to the notice and cure provisions of Section 22.2. Franchisee further agrees to replenish the Franchise Bond within fourteen (14) days after written notice from the City that there is a deficiency in the amount of the Franchise Bond. The amount of the Franchise Bond shall not be construed to limit Franchisee's liability or to limit the City's recourse to any remedy to which the City is otherwise entitled at law or in equity. 35 Franchise – Verizon Ordinance 21.5 All bonds provided to the City under this Section 21 shall be on forms provided by the City and with sureties registered with the Washington State Insurance Commissioner or other financial institutions acceptable to the City. SECTION 22. – Remedies to Enforce Compliance. 22.1 In addition to any other remedy provided in this Franchise, the City reserves the right to pursue any remedy available at law or in equity to compel or require Franchisee and/or its successors and assigns to comply with the terms of this Franchise. The pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a revocation for breach of the conditions. In addition to any other remedy provided in this Franchise, Franchisee reserves the right to pursue any remedy available at law or in equity to compel or require the City, its officers, employees, volunteers, contractors and other agents and representatives, to comply with the terms of this Franchise. Further, all rights and remedies provided in this Franchise shall be in addition to and cumulative with any and all other rights and remedies available to either the City or Franchisee. Such rights and remedies shall not be exclusive, and the exercise of one or more rights or remedies shall not be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy. Provided, further, that by entering into this Franchise, it is not the intention of the City or Franchisee to waive any other rights, remedies, or obligations as provided by law, equity or otherwise, and nothing contained in this Franchise shall be deemed or construed to effect any such waiver. The parties reserve the right to seek and obtain injunctive relief with respect to this Franchise to the extent authorized by applicable law. The execution of this Franchise shall not constitute a waiver or relinquishment of this right. The parties agree that if a party obtains injunctive relief, neither party shall be required to post a bond or other security and the parties agree not to seek the imposition of such a requirement. 36 Franchise – Verizon Ordinance 22.2 If either party violates or fails to comply with any of the provisions of this Franchise or a permit issued as required by Section 8.3, or should it fail to heed or comply with any notice given to such party under the provisions of this Franchise (the “Defaulting Party”), the other Party (the “Non-defaulting Party”) shall provide the Defaulting Party with written notice specifying with reasonable particularity the nature of any such breach and the Defaulting Party shall undertake all commercially reasonable efforts to cure such breach within thirty (30) days of receipt of notification. If the Non-defaulting Party reasonably determines the breach cannot be cured within thirty (30) days, the Non-defaulting Party may specify a longer cure period, and condition the extension of time on the Defaulting Party’s submittal of a plan to cure the breach within the specified period, commencement of work within the original thirty (30)-day cure period, and diligent prosecution of the work to completion. If the breach is not cured within the specified time, or the Defaulting Party does not comply with the specified conditions, the Non- defaulting Party may pursue any available remedy at law or in equity as provided in Section 22.1, or in the event Franchisee has failed to timely cure the breach, the City, at its sole discretion, may elect to: (1) revoke this Franchise pursuant to Section 23; (2) claim damages of Two Hundred Fifty Dollars ($250.00) per day against Franchisee (and collect from the Franchise Bond if necessary); or (3) extend the time to cure the breach if under the circumstances additional time is reasonably required. SECTION 23. – Revocation. If Franchisee willfully violates or fails to comply with any material provisions of this Franchise, the City may revoke this Franchise after (1) providing at least thirty (30) days’ written notice to Franchisee specifying the alleged violation or failure; and (2) holding a hearing before City Council. This hearing shall be open to the public and Franchisee and other interested parties may offer written and/or oral evidence explaining or mitigating such alleged noncompliance. Within thirty (30) days after the hearing, the Kent City Council, on the basis of the record, 37 Franchise – Verizon Ordinance shall make the determination as to whether there is cause for revocation, whether the Franchise will be terminated, or whether lesser sanctions should otherwise be imposed. The Kent City Council may in its sole discretion fix an additional time period to cure violations. If the deficiency has not been cured at the expiration of any additional time period or if the Kent City Council does not grant any additional period, the Kent City Council may by resolution declare the Franchise to be revoked and forfeited or impose lesser sanctions. If Franchisee appeals revocation and termination, such revocation may be held in abeyance pending judicial review by a court of competent jurisdiction, provided Franchisee is otherwise in compliance with the Franchise. SECTION 24. – Non-Waiver. The failure of either party to insist upon strict performance of any of the covenants and agreements of this Franchise or to exercise any option conferred in any one or more instances shall not be construed to be a waiver or relinquishment of any such covenants, agreements, or option or any other covenants, agreements or option. SECTION 25. – Police Powers and City Regulations. Nothing within this Franchise shall be deemed to restrict the City’s ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this Franchise, including any valid ordinance made in the exercise of its police powers in the interest of public safety and for the welfare of the public. The City shall have the authority at all times to reasonably control by appropriate regulations, consistent with 47 U.S.C. § 253, the location, elevation, manner of construction, and maintenance of any Facilities by Franchisee, and Franchisee shall promptly conform with all such regulations, unless compliance would cause Franchisee to violate other requirements of law. The City reserves the right to promulgate any additional regulations of general applicability as it may find necessary in the exercise of its lawful police powers consistent with 47 U.S.C. § 253. In the event of a conflict between the provisions of this Franchise and any other 38 Franchise – Verizon Ordinance ordinance(s) enacted under the City’s police power authority, such other ordinances(s) shall take precedence over this Franchise. SECTION 26. – Cost of Publication. The cost of publication of this Franchise shall be borne by Franchisee. SECTION 27. – Acceptance. This Franchise may be accepted by Franchisee by its filing with the City Clerk of an unconditional written acceptance, within sixty (60) days from the City’s execution of this Franchise, in the form attached as Exhibit A. Failure of Franchisee to so accept this Franchise shall be deemed a rejection by Franchisee and the rights and privileges granted shall cease. In addition, Franchisee shall file the certificate of insurance and the additional insured endorsements obtained pursuant to Section 19, any construction guarantees, if applicable, pursuant to Section 21.1, the Franchise Bond required pursuant to Section 21.4, and the costs described in Section 16.1. SECTION 28. – Survival. All of the provisions, conditions, and requirements of Section 5, Section 6, Section 8, Section 14, Section 18, Section 20, and this Section 28 of this Franchise shall be in addition to any and all other obligations and liabilities Franchisee may have to the City at common law, by statute, or by contract, and shall survive this Franchise, and any renewals or extensions, to the extent provided for in those sections. All of the provisions, conditions, regulations, and requirements contained in this Franchise shall further be binding upon the successors, executors, administrators, legal representatives, and assigns of Franchisee and all privileges, as well as all obligations and liabilities of Franchisee shall inure to its successors and assigns equally as if they were specifically mentioned where Franchisee is named. SECTION 29. – Changes of Ownership or Control. 39 Franchise – Verizon Ordinance 29.1 This Franchise may not be directly or indirectly assigned, transferred, or disposed of by sale, lease, merger, consolidation or other act of Franchisee, by operation of law or otherwise, unless approved in writing by the City, which approval shall not be unreasonably withheld, conditioned or delayed. The above notwithstanding, Franchisee may freely assign this Franchise in whole or in part to a parent, subsidiary, or affiliated entity, unless there is a change of control as described in Section 29.2. Franchisee shall provide prompt, written notice to the City of any such assignment. In the case of transfer or assignment as security by mortgage or other security instrument in whole or in part to secure indebtedness, such consent shall not be required unless and until the secured party elects to realize upon the collateral. For purposes of this Section 29, no assignment or transfer of this Franchise shall be deemed to occur based on the public trading of Franchisee’s stock; provided, however, any tender offer, merger, or similar transaction resulting in a change of control shall be subject the provisions of this Franchise. 29.2 Any transactions that singularly or collectively result in a change of more than fifty percent (50%) of the: ultimate ownership or working control of Franchisee, ownership or working control of the Facilities, ownership or working control of affiliated entities having ownership or working control of Franchisee or of the Facilities, or of control of the capacity or bandwidth of Franchisee’s Facilities, shall be considered an assignment or transfer requiring City approval. Transactions between affiliated entities are not exempt from City approval if there is a change in control as described in the preceding sentence. Franchisee shall promptly notify the City prior to any proposed change in, or transfer of, or acquisition by any other party of control of Franchisee. Every change, transfer, or acquisition of control of Franchisee shall cause a review of the proposed transfer. The City shall approve or deny such request for an assignment or transfer requiring City’s consent within one hundred twenty (120) days of a completed application 40 Franchise – Verizon Ordinance from Franchisee, unless a longer period of time is mutually agreed to by the parties or when a delay in the action taken by the City is due to the schedule of the City Council and action cannot reasonably be obtained within the one hundred twenty (120) day period. If the City adopts a resolution denying its consent and such change, transfer, or acquisition of control has been effected, the City may revoke this Franchise, following the revocation procedure described in Section 23. The assignee or transferee must have the legal, technical, financial, and other requisite qualifications to own, hold, and operate Franchisee’s Services. Franchisee shall reimburse the City for all direct and indirect costs and expenses reasonably incurred by the City in considering a request to transfer or assign this Franchise, in accordance with the provisions of Section 16.3 and Section 16.4, and shall pay the applicable application fee. 29.3 Franchisee may, without prior consent from the City: (1) lease the Facilities, or any portion, to another person; (2) grant an indefeasible right of user interest in the Facilities, or any portion, to another person; or (3) offer to provide capacity or bandwidth in its Facilities to another person, provided further, that Franchisee shall at all times retain exclusive control over its Facilities and remain fully responsible for compliance with the terms of this Franchise, and Franchisee shall furnish, upon request from the City, a copy of any such lease or agreement, provided that Franchisee may redact the name, street address (except for City and zip code), Social Security Numbers, Employer Identification Numbers or similar identifying information, and other information considered confidential under applicable laws provided in such lease or agreement, and the lessee complies, to the extent applicable, with the requirements of this Franchise and applicable City codes. Franchisee’s obligation to remain fully responsible for compliance with the terms under this Section 29.3 shall survive the expiration of this Franchise but only if and to the extent and for so long as Franchisee is still the owner or has exclusive control over the Facilities used by a third party. 41 Franchise – Verizon Ordinance SECTION 30. – Entire Agreement. This Franchise constitutes the entire understanding and agreement between the parties as to the subject matter within this Franchise and no other agreements or understandings, written or otherwise, shall be binding upon the parties upon execution of this Franchise. SECTION 31. – Eminent Domain. The existence of this Franchise shall not preclude the City from acquiring by condemnation in accordance with applicable law, all or a portion of Franchisee’s Facilities for the fair market value. In determining the value of such Facilities, no value shall be attributed to the right to occupy the area conferred by this Franchise. SECTION 32. – Vacation. If at any time the City, by ordinance and in accordance with applicable laws, vacates all or any portion of the area affected by this Franchise, the City shall not be liable for any damages or loss to the Franchisee by reason of such vacation. The City shall notify Franchisee in writing not less than sixty (60) days before vacating all or any portion of any such area. The City will, if practicable, reserve an easement for Franchisee’s telecommunications network under the same terms and conditions as this Franchise at the location vacated by City, and if not practicable, the City may, after sixty (60) days’ written notice to Franchisee, terminate this Franchise with respect to such vacated area. SECTION 33. – Notice. Any notice or information required or permitted to be given to the parties under this Franchise shall be sent to the following addresses unless otherwise specified by personal delivery, overnight mail by a nationally recognized courier, or by U.S. certified mail, return receipt requested and shall be effective upon receipt or refusal of delivery: CITY OF KENT Attn: City Clerk 220 Fourth Avenue South 42 Franchise – Verizon Ordinance Kent, WA 98032 Company Address: MCImetro Access Transmission Services Corp. ATTN: Franchise manager 600 Hidden Ridge Mailcode: HQE02G295 Irving, TX 75038 With Copies (except for invoices) to: Verizon Business Network Services 1320 North Courthouse Road, Suite 900 Arlington, VA, USA 22201 Attn: Deputy General Counsel, Network and Technology SECTION 34. – Severability. If any section, sentence, clause, or phrase of this Franchise should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Franchise unless such invalidity or unconstitutionality materially alters the rights, privileges, duties, or obligations, in which event either party may request renegotiation of those remaining terms of this Franchise materially affected by such court’s ruling. SECTION 35. – Compliance with all Applicable Laws. Each party agrees to comply with all present and future federal, state, and local laws, ordinances, rules, and regulations. This Franchise is subject to ordinances of general applicability enacted pursuant to the City’s police powers. The City reserves the right at any time to amend this Franchise to conform to any enacted, amended, or adopted federal or state statute or regulation relating to the public health, safety, and welfare, or relating to roadway regulation, or a City ordinance enacted pursuant to such federal or state statute or regulation, when such statute, regulation, or ordinance necessitates this Franchise be amended in order to remain in compliance with applicable laws, 43 Franchise – Verizon Ordinance but only upon providing Franchisee with thirty (30) days’ written notice of its action setting forth the full text of the amendment and identifying the statute, regulation, or ordinance requiring the amendment. This amendment shall become automatically effective upon expiration of the notice period unless, before expiration of that period, Franchisee makes a written request for negotiations regarding the terms of the amendment. If the parties do not reach agreement as to the terms of the amendment within thirty (30) days of the call for negotiations, either party may pursue any available remedies at law or in equity. SECTION 36. – Attorney Fees. If a suit or other action is instituted in connection with any controversy arising out of this Franchise, each party shall pay all its legal costs and attorney fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; except that nothing in this section shall be construed to limit the City’s right to indemnification under Section 18 of this Franchise. SECTION 37. – Hazardous Substances. Franchisee shall not introduce or use any hazardous substances (chemical or waste), in violation of any applicable law or regulation, nor shall Franchisee allow any of its agents, contractors, or any person under its control to do the same. Franchisee will be solely responsible for and will defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from and against any and all claims, costs, and liabilities including reasonable attorney fees and costs, arising out of or in connection with the cleanup or restoration of the property to the extent caused by Franchisee’s use, storage, or disposal of hazardous substances, whether or not intentional, and the use, storage, or disposal of such substances by Franchisee’s agents, contractors, or other persons acting under Franchisee’s control, whether or not intentional. Franchisee shall have only that responsibility or liability for 44 Franchise – Verizon Ordinance managing, monitoring, or abating a hazardous condition that it may have under state or federal law and this Franchise shall not be interpreted to expand Franchisee’s legal obligations relating to any pre-existing hazardous substances undisturbed by Franchisee. SECTION 38. – Licenses, Fees and Taxes. Prior to constructing any Facilities or providing Services within the City, Franchisee shall obtain a business or utility license from the City, if so required. Franchisee shall pay all applicable taxes on personal property and Facilities owned or placed by Franchisee in the Rights-of-Way and shall pay all applicable license fees, permit fees, and any applicable tax unless documentation of exemption is provided to the City and shall pay utility taxes and license fees properly imposed by the City under this Franchise. However, nothing in this Franchise is intended to alter, amend, modify or expand the taxes and fees that may lawfully be assessed on Franchisee’s business activities under applicable law. SECTION 39. – Miscellaneous. 39.1 The City and Franchisee respectively represent that their respective signatories are duly authorized and have full right, power, and authority to execute this Franchise on such party’s behalf. 39.2 This Franchise shall be construed in accordance with the laws of the State of Washington. The United States District Court for the Western District of Washington, and King County Superior Court have proper venue for any dispute related to this Franchise. 39.3 Section captions and headings are intended solely to facilitate the reading of this Franchise. These captions and headings shall not affect the meaning or interpretation of the text within this Franchise. 39.4 Where the context so requires, the singular shall include the plural and the plural includes the singular. 45 Franchise – Verizon Ordinance 39.5 Franchisee shall be responsible for obtaining all other required approvals, authorizations, and agreements from any party or entity and it is acknowledged and agreed that the City is making no representation, warranty, or covenant whether any of the foregoing approvals, authorizations, or agreements are required or have been obtained by Franchisee. 39.6 This Franchise is subject to all applicable federal, State and local laws, regulations and orders of governmental agencies as amended, including but not limited to the Communications Act of 1934, as amended, the Telecommunications Act of 1996, as amended, and the Rules and Regulations of the FCC. Neither the City nor Franchisee waive any rights they may have under any such laws, rules or regulations. 39.7 There are no third party beneficiaries to this Franchise. 39.8 This Franchise may be enforced at both law and in equity. SECTION 40. – 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 41. – 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 Date Approved 46 Franchise – Verizon Ordinance ATTEST: KIMBERLY A. KOMOTO, CITY CLERK Date Adopted Date Published APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 47 Franchise – Verizon Ordinance EXHIBIT A STATEMENT OF ACCEPTANCE MCImetro Access Transmission Services Corp. d/b/a Verizon Access Transmission, a Delaware Corporation (“Verizon”) for itself, its successors and assigns, accepts and agrees to be bound by all lawful terms, conditions and provisions of the Franchise attached and incorporated by this reference. Verizon declares that it has carefully read the terms and conditions of this Franchise and unconditionally accepts all of the terms and conditions of the Franchise and agrees to abide by such terms and conditions. Verizon has relied upon its own investigation of all relevant facts and it has not been induced to accept this Franchise and it accepts all reasonable risks related to the interpretation of this Franchise. MCImetro Access Transmission Services Corp. d/b/a Verizon Access Transmission, a Delaware Corporation By: _____________________ Date: _______________________ Name: ____________________ Title: ____________________ This page intentionally left blank. Agenda Item: Consent Calendar – 7F_ TO: City Council DATE: October 3, 2017 SUBJECT: 2018 Mid-Biennium Budget Adjustment – Set Date for Second Public Hearing SUMMARY: Public input is welcome. EXHIBITS: None RECOMMENDED BY: Finance Director BUDGET IMPACTS: N/A MOTION: Set October 17, 2017, for the second public hearing of the 2018 Mid-Biennium Budget Adjustment at the regular City Council meeting. This page intentionally left blank. Agenda Item: Consent Calendar – 7G_ TO: City Council DATE: October 3, 2017 SUBJECT: 2018-2023 Capital Improvement Plan – Set Date for Second Public Hearing SUMMARY: Public input is welcome. EXHIBITS: None RECOMMENDED BY: Finance Director BUDGET IMPACTS: N/A MOTION: Set October 17, 2017 for the second public hearing of the 2018- 2023 Capital Improvement Plan at the regular City Council meeting. This page intentionally left blank. Agenda Item: Consent Calendar – 7H_ TO: City Council DATE: October 3, 2017 SUBJECT: Comprehensive Plan/Capital Facilities Element Amendment and Update to Kent City Code Chapter 12.13 School Impact Fees – Set Date for Public Hearing SUMMARY: Kent City Code authorizes school impact fees on behalf of any school district which provides to the City a capital facilities plan; the plan is adopted by reference as part of the Capital Facilities Element of the Kent Comprehensive Plan. The school districts are required to submit for annual Council review their updated capital facilities plans. The City Council holds the public hearing on the school district plans at the same time as the public hearing for the budget, i.e., October 17, 2017. The Auburn, Kent, Federal Way and Highline School Districts have submitted updated Capital Facilities Plans for Council review and consideration. The City of Kent 6-year Capital Improvement Program being considered on the same date also will update the Capital Facilities Element of the Comprehensive Plan. EXHIBITS: Staff Memo dated 10/3/17 RECOMMENDED BY: Economic and Community Development Director BUDGET IMPACTS: N/A MOTION: Set October 17, 2017 as the date for a public hearing to consider amendment of the Capital Facilities Element of the Kent Comprehensive Plan and amendment of Chapter 12.13 Kent City Code to incorporate updated Capital Facilities Plans of the Auburn, Kent, Federal Way and Highline School Districts, the City’s 2018-2023 Capital Improvement Plan, and changes to adopted school impact fees. This page intentionally left blank. ECONOMIC & COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 October 3, 2017 To: Mayor Suzette Cooke, Council President Bill Boyce and City Council Members From: Charlene Anderson, AICP, Long Range Planning Manager Subject: Comprehensive Plan/Capital Facilities Element Amendment and Update to Kent City Code Chapter 12.13 School Impact Fees – Set Hearing Date SUMMARY: Kent City Code authorizes school impact fees on behalf of any school district which provides to the City a capital facilities plan; the plan is adopted by reference as part of the Capital Facilities Element of the Kent Comprehensive Plan. The school districts are required to submit for annual Council review their updated capital facilities plans. The City Council holds the public hearing on the school district plans at the same time as the public hearing for the budget, i.e., October 17, 2017. The Auburn, Kent, Federal Way and Highline School Districts have submitted updated Capital Facilities Plans for Council review and consideration. The City of Kent 6-year Capital Improvement Program being considered on the same date also will update the Capital Facilities Element of the Comprehensive Plan. BUDGET IMPACT: None BACKGROUND: One of the planning goals under the Growth Management Act (RCW 36.70A.020) is to ensure that those public facilities and services necessary to support development are adequate and timely to serve the development without decreasing current service levels below minimum standards. The Act (RCW 36.70A.070) also requires the Capital Facilities Element of the Kent Comprehensive Plan to inventory existing capital facilities, forecast future needs and provide for financing of those facilities. RCW 82.02.050 authorizes cities planning under the Growth Management Act to impose impact fees on development activity as part of the financing for public facilities needed to serve new growth and development. As a result, KCC 12.13.080 authorizes school impact fees on behalf of any school district which provides to the City a capital facilities plan; the plan is adopted by reference as part of the Capital Facilities Element of the Kent Comprehensive Plan. The school districts are required to submit for annual Council review their updated capital facility plans (KCC 12.13.060 & 070). MOTION: Set October 17, 2017 as the date for a public hearing to consider amendment of the Capital Facilities Element of the Kent Comprehensive Plan and amendment of Chapter 12.13 Kent City Code to incorporate updated Capital Facilities Plans of the Auburn, Kent, Federal Way and Highline School Districts, the City’s 2018-2023 Capital Improvement Plan, and changes to adopted school impact fees. The Auburn, Kent, Federal Way and Highline School Districts propose amendment of the Kent Comprehensive Plan and Kent City Code Chapter 12.13 to reflect changes to impact fees resulting from new student population generated by new single family and multifamily residential development. The plans include an inventory of existing facilities, existing facility needs, expected future facility requirements, and expected funding. The Kent School District proposes to increase their existing school impact fees for single family units from $5,100 to $5,235 (an increase of $135 or 2.6%) and increase their fees for multifamily units from $2,210 to $2,267 (an increase of $57 or 2.6%). The Federal Way School District proposes to increase their existing school impact fees for single family units from $3,198 to $6,842 (an increase of $3,644 or 113.9%) and increase their fees for multifamily units from $8,386 to $20,086 (an increase of $11,700 or 139.5%). The Auburn School District proposes to decrease their existing school impact fees for single family units from $5,469.37 to $3,321.86 (a decrease of $2,147.51 or 39.3%) and increase their fees for multifamily units from $1,639.70 to $2,081.29 (an increase of $441.59 or 26.9%). The only area in Kent where Auburn School District’s impact fees are applied is the Verdana or Bridges Planned Unit Development on the former impoundment reservoir site. The Highline School District proposes to decrease their existing school impact fees for single family units from $7,528 to $2,290 (a decrease of $5,238 or 69.6%) and decrease their fees for multifamily units from $6,691 to $3,162 (a decrease of $3,529 or 52.7%). The Highline School District covers the northern section of the Midway Subarea. CA\pm S:\Permit\Plan\COMP_PLAN_AMENDMENTS\2017\CPA-2017-2 SCHOOL DISTS' CAP FAC PLANS\CPA-2017_2_capfacilities_set_Hrg10-17-2017.doc cc: Ben Wolters, Economic & Community Development Director Charlene Anderson, AICP, Long Range Planning Manager Parties of Record Project Files CPA-2016-1/KIVA #2160838 10/11/16 City Council Meeting Page 2 of 2 Agenda Item: Consent Calendar – 7I_ TO: City Council DATE: October 3, 2017 SUBJECT: 2017 Tax Levy for 2018 Budget - Set Hearing Date SUMMARY: Public input is welcome. EXHIBITS: None RECOMMENDED BY: Finance Director BUDGET IMPACTS: N/A MOTION: Set October 17, 2017 for the public hearing on the 2017 tax levy for the 2018 budget at the regular City Council meeting. This page intentionally left blank. Agenda Item: Consent Calendar – 7J_ TO: City Council DATE: October 3, 2017 SUBJECT: South 224th Street Improvement from 88th to 94th Condemnation Ordinance – Adopt SUMMARY: In order to construct roadway improvements along 88th Avenue S. and S. 218th Street, the City requires the acquisition of right-of-way and easements from a number of properties. The City hopes to acquire all of the necessary property rights through direct negotiations with the owners. Litigated condemnation proceedings would be a last resort. So far, negotiations seem to be proceeding without the need for formal condemnation proceedings, and the City is making every reasonable effort to avoid formal condemnation. City negotiation staff has been working with property owners for over a year. In order to maintain the schedule necessary for completion of the project, condemnation proceedings may become necessary if negotiation efforts fail. Having the condemnation ordinance in place at this time will reduce the time required to file condemnation proceedings should it become necessary, to keep the project on schedule. As required by state law, notice of Council’s anticipated consideration of the ordinance was mailed to the affected property owners on August 28, 2017. Notice was also published in the Kent Reporter and the Seattle Times on Friday, September 1 and Friday, September 8, 2017. EXHIBITS: Condemnation Ordinance, Exhibits A and B RECOMMENDED BY: Public Works Committee YEA: Ralph, Fincher, Higgins NAY: BUDGET IMPACTS: Property acquisitions will be paid for with council approved and budged grant funds. MOTION: Adopt Ordinance No. _____, authorizing the condemnation of property or property rights necessary to construct the S. 224th St. Improvement from 88th to 94th Project. This page intentionally left blank. 1 Condemnation Ordinance - S. 224th Street Improvements From 88th Ave. S. to 94th Place S. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, providing for the acquisition of real property and/or property rights located generally between S. 212th St., S. 222nd St., and between the Burlington Northern Santa Fe Railway tracks and 84th Ave S. This action is being taken in order to construct the S. 224th Street Improvements from 88th Ave. S. to 94th Place S. This ordinance provides for the condemnation, appropriation, taking, and damaging of real property and/or property rights as are necessary for that purpose and provides for the payment thereof out of the S. 224th Street Improvements Project Fund (Fund No. R90067.64420.220). This ordinance also directs the City Attorney or designee to prosecute the appropriate legal proceedings, together with the authority to enter into settlements, stipulations, or other agreements, and acknowledges that all of the real property affected is located within King County, Washington. RECITALS A. The S. 224th Street Improvement Project includes the construction of a roadway beginning at the intersection of East Valley Highway and S. 224th Street via S. 218th Street and 88th Avenue S., and terminating at the intersection of 94th Place S. and S. 218th Street. The Project includes the installation of curbs, gutters, sidewalks, and widened shoulders; a two-way left turn lane; planted center medians and roadside planter strips; street lighting; undergrounding of current overhead utilities; storm water management facilities; a bridge over SR 167, a culvert at 2 Condemnation Ordinance - S. 224th Street Improvements From 88th Ave. S. to 94th Place S. Garrison Creek; and sanitary sewer and water extensions to properties not currently served by City utilities. The project will also include wetland mitigation work at the identified Hytek Finishes site. B. To complete the project, staff must acquire certain property and/or property rights along the project’s alignment. Efforts by City staff are currently ongoing to acquire the necessary property and/or property rights for this public use through negotiation and settlement agreements. C. In the past, staff has not typically sought formal Council action authorizing eminent domain proceedings until negotiation efforts fail or stall. However, the property and property rights needed for the Project include portions that meet the purpose and need for wetland mitigation (wet and undevelopable), and are economically feasible within the Project budget and allow for the Project to maximize incoming project revenue, including meeting the spending requirements for grant funds received from the Transportation Improvement Board. For this reason, staff has requested that Council authorize eminent domain proceedings for this public use now to place the City in a position to initiate condemnation proceedings without delay should negotiation efforts deteriorate so the project may still be timely constructed. D. Prior to Council’s action on this ordinance, the City provided the requisite notice to property owners in the manner provided for in RCW 8.12.005 and RCW 8.25.290. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 3 Condemnation Ordinance - S. 224th Street Improvements From 88th Ave. S. to 94th Place S. ORDINANCE SECTION 1. – Public Use and Necessity Declared. After receiving the report of City staff, and after reviewing the planned improvements for the S. 224th Street Improvement Project from 88th Ave. S. to 94th Place S. (the “Project”), the City Council finds and declares that the public convenience, use, health, safety, and necessity demand that the City of Kent condemn, appropriate, take, and damage certain real properties, all or in part, and located in King County, Washington, in order to acquire the necessary real property and/or property rights for the construction of the Project, including all necessary appurtenances. The properties affected by this ordinance are legally described in the attached and incorporated Exhibit A (collectively “the Property”). The acquisition area currently proposed for the Project is broadly depicted in the attached and incorporated Exhibit B-1 and Exhibit B-2 (collectively, “Acquisition Area”). However, the scope and boundary of the Acquisition Area may change concerning any portion of the Property if engineering requires modification of the plans, and such changes are hereby authorized. The purposes for which this condemnation is authorized shall include, without limitation, all acts necessary to complete the Project, including construction, extension, improvement, widening, alteration, maintenance, reconstruction, and restoration, and any other municipal purpose that may be necessary from time to time on the Property. SECTION 2. – Condemnation Authorized. The City Council authorizes the acquisition by condemnation of all or a portion of the Property needed for the construction, extension, improvement, widening, alteration, maintenance, mitigation, and reconstruction of the Project, together with all necessary appurtenances and related work to make a complete improvement according to City standards. 4 Condemnation Ordinance - S. 224th Street Improvements From 88th Ave. S. to 94th Place S. SECTION 3. – Condemnation Procedures and Proceedings. The City shall condemn the Property only upon completion of all steps and procedures required by applicable federal or state law or regulations, and only after just compensation has first been made or paid into court for the owner or owners in the manner prescribed by law. SECTION 4. – Project Fund. The City shall pay for the entire cost of the acquisition by condemnation provided for in this ordinance through the City’s “S. 224th Street Improvements Project” fund (Fund No. R90067.64420.220), or from any of the City’s general funds, if necessary, as may be provided by law. SECTION 5. – City Attorney Authorized. In the event reasonable negotiation efforts are not successful with affected property owners, or if the timing of the Project otherwise requires, the City Attorney or his or her designee is authorized and directed to commence those proceedings provided by law that are necessary to condemn the Property. In commencing these condemnation proceedings, the City Council authorizes the City Attorney to enter into settlements, stipulations, or agreements in order to minimize damages. These settlements, stipulations, or agreements may include, but are not limited to, the amount of just compensation to be paid, the size and dimensions of the property condemned, and the acquisition of temporary construction easements and other property interests. SECTION 6. – Ratification. Any acts consistent with the authority of this ordinance and prior to its effective date are ratified and affirmed. SECTION 7. – 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. 5 Condemnation Ordinance - S. 224th Street Improvements From 88th Ave. S. to 94th Place S. SECTION 8. – Effective Date. This ordinance shall take effect and be in force five days from and after its publication as provided by law. SUZETTE COOKE, MAYOR Date Approved ATTEST: KIMBERLY A. KOMOTO, CITY CLERK Date Adopted Date Published APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY P:\Civil\Ordinance\Condemnation-S 224th St Improvement from 88th to 94th.docx Exhibit A - 1 of 2 Condemnation Ordinance S. 224th Street Improvements from 88th Ave. S. to 94th Ave. S. EXHIBIT A Legal Descriptions Condemnation Ordinance 224th Street Improvements Project – 84th Ave. S. to 94th Ave. S. ---------------------------------------------------------------------------------------- Tax Parcel Number: 056515-0010 Property Owners: Mark L. Bonne and Summer H. Bonne Lot 1, Battisti Addition to Kent, a Replat of Lot 2, Garrison Creek Estates, according to the plat thereof recorded in Volume 115 of Plats, page 64, records of King County, Washington; Except that portion conveyed to the City of Kent by Deed recorded under Recording No. 20050512000243. ---------------------------------------------------------------------------------------- Tax Parcel Number: 880240-0020 Property Owners: Craig W. Dougherty and Christine L. Dougherty Lot 1, City of Kent Short Plat No. SP-96-13, recorded under Recording No. 9609180827, Records of King County, Washington. ---------------------------------------------------------------------------------------- Tax Parcel Number: 072205-9082 Property Owners: Dennis R. Besett & Janet D. Besett and Campbell D. Kristenson & Malinda J. Beset That portion of the West half of the Northwest quarter of the Northwest quarter of the Southeast quarter of Section 7, Township 22 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at the Southwest corner of said subdivision; Thence North 01°01'25" East along the West line of said subdivision 200 feet to the True Point of Beginning; Thence continuing North 01°01'25" East along said line 456.33 feet to the Northwest corner of said subdivision; Thence South 89°59'42" East along the North line of said subdivision, 329.48 feet to the Northeast corner of said subdivision; Thence South 01°03'12" West along the East line of said subdivision 656.17 feet to the Southeast corner of said subdivision; Thence South 89°58'36" West along the South line of said subdivision 196.14 feet; Thence North 04°41'47" West 200.63 feet; Thence South 89°58'36" West 113 feet to the True Point of Beginning. Exhibit A - 2 of 2 Condemnation Ordinance S. 224th Street Improvements from 88th Ave. S. to 94th Ave. S. ---------------------------------------------------------------------------------------- Tax Parcel Number: 072205-9020 Property Owner: Johann F. Thaheld Lot 4, City of Kent Short Plat No. SP-93-6, recorded under Recording No. 9401041459, records of King County, Washington. ---------------------------------------------------------------------------------------- Tax Parcel Numbers: 383000-0030; 383000-0035; 383000-0055; 383000-0070 Property Owner: Hytek Finishes Company PARCEL A: TRACTS 8 AND 10, KENT FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE(S) 19, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE WEST 20 FEET OF TRACT 10, CONDEMNED FOR DRAINAGE DITCH BY DRAINAGE DISTRICT NO. 1, IN KING COUNTY SUPERIOR COURT CAUSE NO. 329121; TOGETHER WITH THAT PORTION OF VACATED SOUTH 218TH STREET ADJOINING, VACATED BY CITY OF KENT ORDINANCE NO. 3293, RECORDED UNDER RECORDING NO. 9701280976, BEING A RE-RECORDING OF 9608080143, AS WOULD ATTACH BY OPERATION OF LAW; EXCEPT THE EAST 250 FEET THEREOF. PARCEL B: PARCEL 3, CITY OF KENT SHORT PLAT NO. SPC-77-35, (BURLINGTON NORTHERN 212TH STREET INDUSTRIAL CENTER, DIVISION 1, SPC 77- 37 PER THE KING COUNTY ASSESSOR) RECORDED UNDER RECORDING NO. 7810230760, RECORDS OF KING COUNTY, WASHINGTON. PARCEL C: UNPLATTED TRACT "B", AS SHOWN AND DELINEATED ON THE PLAT OF KENT FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE(S) 19, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE WEST 20 FEET THEREOF CONDEMNED FOR DRAINAGE DITCH BY DRAINAGE DISTRICT NUMBER 1, IN KING COUNTY SUPERIOR COURT CAUSE NO. 329121; AND EXCEPT THAT PORTION THEREOF LYING SOUTH OF THE WESTERLY EXTENSION OF THE PLATTED CENTERLINE OF SOUTH 218TH STREET. EXHIBIT B-1 EXHIBIT B-2 This page intentionally left blank. Agenda Item: Consent Calendar – 7K_ TO: City Council DATE: October 3, 2017 SUBJECT: Goods and Services Agreement with Western Systems, Inc. for Traffic Signal Cabinets – Authorize SUMMARY: All traffic signals are controlled by electronic components within the traffic signal control cabinet. These components include the controller, malfunction monitor, bus interface units, vehicle loop amplifiers, emergency vehicle pre-emption module, load switches, flasher module, flash tray transfers, and cabinet power supply. These cabinets and components have a 20-year life cycle, but several in the City have exceeded that time frame. This equipment will be purchased off the state contract, which includes negotiated prices that assume a higher volume of goods and provide for the most efficient delivery and lowest cost. EXHIBITS: Goods & Services Agreement RECOMMENDED BY: Public Works Committee YEA: Fincher, Ralph, Higgins NAY: N/A BUDGET IMPACTS: This is included in the approved B & O budget. MOTION: Authorize the Mayor to sign a Goods and Services Agreement with Western Systems, Inc. for the purchase of traffic signal cabinets and lighting panels in an amount not to exceed $119,103.60, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. GOODS & SERVICES AGREEMENT - 1 (Over $20,000, including WSST) GOODS & SERVICES AGREEMENT between the City of Kent and Western Systems, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Western Systems, Inc. organized under the laws of the State of Washington, located and doing business at 1122 Industry St., Building B, Everett, WA 98203, Phone: (425) 438-1133, Contact: Robert Nims (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 supply 7 traffic signal controller cabinets and 22 lightning surge suppressor panels. For a description, see the Scope of Work and Vendor's quote which is attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is not the City’s exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by November 30, 2017. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed One Hundred Nineteen Thousand, One Hundred Three Dollars and sixty cents ($119,103.60), 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: The payment terms shall be net 30 days after delivery of each complete controller cabinet as described in the Vendor's quote. GOODS & SERVICES AGREEMENT - 2 (Over $20,000, including WSST) If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR’S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor’s services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor’s services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach GOODS & SERVICES AGREEMENT - 3 (Over $20,000, including WSST) agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. GOODS & SERVICES AGREEMENT - 4 (Over $20,000, including WSST) D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR’S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor’s representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor’s receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor’s part, then Vendor shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable GOODS & SERVICES AGREEMENT - 5 (Over $20,000, including WSST) attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Vendor’s part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. GOODS & SERVICES AGREEMENT - 6 (Over $20,000, including WSST) H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Suzette Cooke Its Mayor DATE: NOTICES TO BE SENT TO: VENDOR: Robert Nims Western Systems, Inc. 1122 Industry St., Building B Everett, WA 98203 (425) 438-1133 (telephone) (425) 438-1585 (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 Western Systems - Controller Cabinets 2/Sorensen 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: _________________________________________ Western5ystems lnnc!ali!r lr¡.!9pûr:lt'oÊ 5{,1üilûig 1 122 Industry Street, Blds. B Phone (425) 438-1 133 Everett, WA 98203 Fax (425) 438-1585 September 5,2017 Quotation # WSQ WZH6485 Attention: Mike Sorensen / City of Kent Quotation - P, P+ (TS2-1) Cabinets Mike, We are pleased to provide this quotation for controller cabinets and plug-in electronic equipment. All equipment can be purchased through WSDOES Contract # 04616 will all applicable discounts factored into the pricing. lf you have any questions please let us know. Bid ltem #1:Type P (IS2-1) 64CH Cabinet 1 - Type P conkoller cabinet wired per City of Kent (TS2-1) specifications and including: Type P aluminum enclosure (unfinished outside / white inside), UL listed with continuous welds, rolled stock handle, BestrM CX core lock with; 16-position (TS2-1) load bay, AC outlet panel, auxiliary switch panel, detector panel 64 channel, (1) detector rack wired for 1 - BIU / 16 - channels of detection/4-preemptionchannels,(1)detectorrackwiredforl-BlU/16-channelofdetection,(1)detectorrackwiredforl- BIU / 16-channelof detection, (1)detectorrackwiredfor 1- BIU / 16-channelof detection, fan &thermostatassembly,load resistor panel, power supply interface panel, power panel, (4) TS2 cables, unused phase links and final assembly Western Systems Part # 3010010001, 3310000000, 2510010016, 2010000040 lnclude the following plug-in devices: 1 - Power supply shelf mount TS2 5A Eberle Design. lnc. (EDl) Part # PS250 6 - Bus interface unit Eberle Desiqn, lnc. (EDl) Part # BIU-700H 1 - Flasher cube Power Distribution & Control (PDC) Part # SSF-87 6 - Flash hansfer relay Detrol Part # 295 1 - Cabinet Riser Frame - 6lN Western Part # P RISER (6) S',3-287-48 hrmn sum Bid ltem #14: WSDOES Processing Fee 1 - WSDOES usage fee at0.76%. Western Systems Part # 9999999900 $ 100-98 lumo sum S l3.388.46Total I EXHIBIT A Western5ystems ìilno!ai¡!e f¡¡¡sporiåi¡ôn Íioiul¡c0s 1 122 Industry Street, BldS. B Everett. WA 98203 Phone (425) 438-1 133 Fax Ø2Ð 438-1 585 Bid ltem #3:Type P-Plus (TS2-1) 64CH Cabinet 1 - Type P+ conholler cabinet wired per City of Kent (TS2-1) specifications and including: Type P+ aluminum (2-door) enclosure (unfinished outside / white inside), UL listed with continuous welds, rolled stock handle on main door, hex handle on side door, BestrM CX core locks and riser frame (unfinished) with; 16-position (TS2-1) load bay, AC outlet panel, auxiliary switch panel, detector panel64 channel, (1)detector rack wired for 1 - BIU / 16 - channels of detection /4 - preemption channels, (3) detector racks wired for I - BIU / 16 - channel of detection, fan & thermostat assemblies, load resistor panel, relay UPS load shedding panel, power supply interface panel, power panel (2) TS2 cables, generator transfer cable, unused phase links and final assembly Western Svstems Part # 3012500005, 3310000000, 2510513018, 2010000040 lnclude the following plug-in devices: 1 - Power supply shelf mount TS2 5A Eberle Design. lnc. (EDl) Part # PS250 6 - Bus interface unit % width Eberle Desiqn, lnc. (EDl) Part # BIU-700H 1 - Flasher cube Power Dishibution & Control (PDC) Part # SSF-87 6 - Flash transfer relay Detrol Part # 295 I - UPS power module 1100W w(6) relays & 120V input & output Alpha Part # FXM1lOOUPS/SNMP 1 - Automatic transfer switch assembly with surge & RPA 120V Alpha Part # 020-168-25 1 - Remote traffic management system; controller, sensor interface cables, EQ sensors & CatS cables Alpha Part # 0370260-002 1 - Battery cable harness kit 48V 9.8ft l/o-20 terminals FXM Alpha Part # 740-628-27 4 - Baftery AlphaCell 220G0LD-HP GXL 1094H/731b Alpha Part # 220GOLD-HP 1 - Cabinet Riser Frame - 6lN Western Part # P RISER (6) S 19.942.17 lumo sum Bid ttem #14: WSDOES Processinq Fee 1 - WSDOES usage fee atl.76%. Western Systems Part # 9999999900 $ 126.181um0 sum 2 Quote WesternSystems Prepared By: Zach Hoiting Sales Manager Western Systems Contact: 503-349-5970 Fax: 425-438-1585 zhoitinq@westernsystems-inc. com Date: Quote #: Customer PO #: WSI SO #: SHIP TO: 61212017 wsQwzH6326 lnnoval¡ve Transporlatiorì SoluliÕns Western Systems is pleased to submit the following price quotation for the above referenced TO: MIKE SORENSON - CITY OF KENT Item i Description Unit Price Line Totalary 4.00 240020000 SURGE SUPPRESSOR BASE EDCO $13.93 $55.72 4.00 240020025 SURGE SUPPRESSOR (PC642C-060LC) ASCO POWER TECHNOLOGIES $61..60 $246.40 4.00 620030020 WIRE 12 AWG GREEN $0.29 $1,.1.6 1.00 820020000 9HEET METAL DETECTOR PANEL 3" X 12"$5.57 $5.57 8.00 1020010310 MACHINE SCREW PAN HEAD SS 6-32X3/8 $0.04 $0.32 1.00 399960025 TAG STRIPS 15mm X430mm (40 STRIPS PER BAG)$3.76 $3.76 1.00 1020020020 BOLT HEX SS 1,14-20 X 518 $0.09 $0.09 2.00 1020040020 CHANNEL NUT UNISTRUT U4" 1,/4-20 WITH SPRINGS $2.93 $5.86 4.00 1020010530 MACHINE SCREW PANHEAD SS 8-32 X 5/8 $0.08 $0.32 4.00 280020200 GROUND BUS' ALUMINUM $9.71 $38.84 #N/A $$ This quotation includes only the items listed hereir¡ subject to the conditions noted: Delivery 60-90 days after release, This Quote is good for 30 days, Tax Not hcluded Terms: Net 30 Days If Credit in Good Standing, We impose a surcharge of 2% on the transaction amount on V ISA and MasterCard CC products, which is not greater than our cost of acceptance. We do not surcharge VISA and MasterCard debit cards. Subtotal $ Sales Tax Total $ 358.04 FOB Destination ( Freight Included ) FOB Prepay & Add ( Charge Freight ) Thank you for your business! 1122 Industry Street Bldg B, Everett, WA 98203 Phone: (425) 438-1133 Fax: (425) 438-1585 oo 358.04 Western$ystems lnnor.,¡ìivt tr¡'rsporì¡iaön Srtlulions 1 1 22 Industry Street, Blde. B Everett, WA 98203 Phone (425) 438-1 133 Fax (42Ð 438-l 585 GENERAL CONDITIONS OF SALE The acceptance of this quotation implies the acceptance of the following terms and conditions which cannot be varied or waived except auhorization by a Westem Systems representative. These terms govern the sale ofgoods and services supplied by Western Systems. in any purchase order or written communication shall not be binding on Western Systems. by express wriften Differing terms from Buyer TERMS AND CONDITIONS Purchase Order: AII purchases require a formal purchase order. Emails or verbal communication does not constitute an acceptable purchase order. Delivery: 80J20 days after release depending on øtegory Freight Terms: F0B Destination. Validitv Period: 60 days fom date of quotation. Taxes: Unless current resale certificate is on file wih Western Systems, purchaser shall be responsible for all, tariffs, duties or sales or use taxæ in addition to the quoted priæs herein. Pavment Terms: Net 30 days / we impose a surcharge of 2% on the transaction amount on VISA and Master Card credit ørd products, which is not greater than our cost of acceptance. We do not surcharge VISA and Master Card debit cards. All prices are quoted as USD funds. Non-Payment Penalties: lf payment has not been received within terms, the purchaser will be considered in default. Western Systems will be entitled, without prejudice to our other rights, without serving notice ofdefault to charge the purchaser for alf costs incuned such as administration, storage, legal advice etc. The unpaid portion of any amount due to Western Systems will bear interest at the rate of 1.5% per month simple interest. Western Systems reserves the right to hold goods until customer balances their account. Collections: Upon Buyer default of these terms, Western Systems may, in addition to any olher rights or remedies at contract or law, declare fie entire balanæ of Buyer's account immediately due and payable. lf unpaid balance is referred for collections, Buyer agrees to pay Westem Systems, to the extent permitted by law, reasonable attorney fees in addition to all damages othen¡vise available, plus any court costs or expenses incuned by Weslem Systems, plus any llnance charges accrued on any unpaid balance owed by Purchaser. Deferment or Cancellation Policv: Order deferment or cancellation once materials have been released will be subject to canællation and/or restocking fees. Documentation: Any operational documentation supplied as a part of this quotation remains the property of Westem Systems and may not be copied, reproduced, transmitted or communicated to 3'd parties without the express wriften ænsent of Western Systems. On-Site Services: This quotation does not provide or imply any on-site support services for the products on this quotation unless mentioned specifically as part of this quotation. Quotations for suppof services will be made upon request by purchaser. !l@¡t: Standard one year warranty on material goods manufac{ured or supplied by Western Systems from the date of manufacturers factory shipment unless superseded by an additional manufacture/s wananty, provided such goods are maintained and operated in accordanæ with manufucturers slandard metrod of operation. For additional information on Westem Systems warranty, please send an emailto info@westernsystems-inc.com Return and Restocking Policy: Westem Systems will be the sole source in detemining whether any item is eligible for return. To be eligible the item(s) must be standard product models, new and unused, in the original packaging, and invoiced within the last g0 days. Restocking fees are applied to all returns and æn vary between 20-50% based on annual sales activity. ln no case will Westem Systems be obligated to take returns for materials that are obsolete, custom orders or past the 90{ay invoice period. Force Majeure: Westem Systems, lnc. shall in no event be responsible for delays in performance due to actions beyond its reasonable control including without limitation acts of God, sûikes, labor shortage or disturbance, fire, accident, wa¡ civil disturbance or carrier delays. Western Systems, lnc. accepts no liab¡lity for errors or omissions or the accuracy or the completeness of this quotation. lt has been prepared to the best of our knowledge per plans, specifications, documentation and æmmuniætions provided but we do not guarantee these to be aæurate or of the latest revision. Determination of aærracy of this quotation and final quantities are the sole responsibility of recipient. Westem Systems, lnc. shall in no event be liable for any special, consequential, incidental or liquidated damages (including without limitation damages for loss of use of facilities or equipmenl loss of revenue, loss of profits or loss ofgoodwill), regardless ofwheher seller (a) has been informed ofthe possibility of such damages or (b) is negligent. Sincerely, WESTERN SYSTEMS Ztu( L. H";t;^g Sales Manager J EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it. EXHIBIT B (Continued) 2. The Contractor’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. This page intentionally left blank. Agenda Item: Consent Calendar – 7L_ TO: City Council DATE: October 3, 2017 SUBJECT: James Street Pump Station – Accept as Complete SUMMARY: The City’s James Street Stormwater Pump Station is located just north of James Street near Woodford Ave North. This pump station could not keep up with existing flows on James Street and needed to be replaced. A new pump station has helped to alleviate local flooding of James Street at Mill Creek. The improvements were built in phases. The first two phases of this project included construction of stormwater force main piping along Central Avenue to the Horseshoe Acres Pump Station. This final phase included the pump station, connection to the existing main and installation of a stormwater sediment vault to prevent sediment from entering Mill Creek. This pump station project consisted of the installation of a 120 inch diameter storm water pump station, diesel standby generator and electrical/communication system along with three shelters for the aforementioned facilities and the installation of a stormwater sediment vault at Clark Street prior to the storm drain outfall to Mill Creek. The final contract amount is $2,403,321.94. EXHIBITS: None RECOMMENDED BY: Public Works Director BUDGET IMPACTS: Funding for this project is from the Storm Drainage Utility and partial funding of the stormwater vault by the Washington State Department of Ecology Stormwater Grant. MOTION: Authorize the Mayor to accept the James Street Pump Station Project as complete and release retainage to Rodarte Construction, 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 9 OFFICE OF THE MAYOR Derek Matheson, Chief Administrative Officer Phone: 253-856-5700 Fax: 253-856-6700 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: 01/03/17 TO: Mayor Cooke Councilmembers FROM: Derek Matheson, Chief Administrative Officer SUBJECT: CAO Report for Tuesday, October 03, 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 • Mayor Cooke presented her mayor’s proposed 2017-18 mid-biennium budget adjustment to the city council at a special meeting in late September. The council will discuss the budget again at a workshop on Tuesday, October 17. • There will be a special workshop on Thursday, October 19, at 5 p.m. to brief the city council on the YMCA / Morrill Meadows Park Project, including topics such as budget, project management, construction coordination, New Market Tax Credits, and land surplus, among other things. Council could take action on a number of agreements before year end. • Performance Analyst Todd Babcock recently shared criteria for successful Lean continuous improvement projects with the Mayor’s Leadership Team. With several staff now trained in Lean, we are going to work with departments to identify, prioritize, and start several more Lean projects. Staff will brief the council in December on our government performance initiatives and accomplishments. Kent4Health • Kent Parks, parents, representatives from the City of Auburn and Renton attended the King County Public Health "Modify the Menu: A Healthy Kids' Meal Workshop". The group reviewed and discussed the results of family focus groups and restaurant interviews with the interest to collaboratively help reduce childhood obesity in our South King County communities. Neighborhood Programs • King County Executive Dow Constantine and the King County Landmarks Commission will present a 2017 John D. Spellman award for exemplary achievement in historic preservation in the restoration category to homeowner Stacey Kroeze within the Mill Creek Historic District. The award will be presented at the Kirkland Woman’s Club located in downtown Kirkland on Wednesday, October 18 at 10:30 a.m. • September 30 was “Mission Day”, community collaboration between the Neighborhood Program, Catholic Community Services, Republic Services and Hillside Page 2 of 9 Church. Republic Services donated 20 yard roll-off containers. Hillside Church in conjunction with Washington Pacific District (over 80 churches) came together with close to 200 youth and adult volunteers to serve three Kent residents in need of yard work. • Neighborhood Program Coordinator, Toni Azzola, has been appointed to the 4Culture Historic Preservation Advisory Committee. The committee consists of seven historic preservation representatives and advocates from across King County. Toni represents south King County on the committee. EMERGENCY MANAGEMENT – No report ECONOMIC AND COMMUNITY DEVELOPMENT • Staff attended the September 13 Public Issues Committee pre-PIC workshop, Local Law Enforcement Perspective on the Heroin and Prescription Opiate Crisis, which informed development of alternatives for code amendments to regulate community health engagement locations in Kent. • Staff attended the Public Issues Committee of the Sound Cities Association on September 13 and presented a letter from Mayor Cooke addressed to the PSRC Growth Management Policy Board regarding the city’s position on the regional centers framework. The letter included recommendations for flexibility in land uses, particularly in the Manufacturing and Industrial Center, to include commercial, retail, and even residential where appropriate, which could help offset budget impacts from the Streamlined Sales Tax. The letter encouraged regional policy makers to consider performance and regional contributions of designated centers, recognizing the unique circumstances of each center rather than establishing prescriptive designation criteria. • Staff met with a Kent resident pursuing the development of a tiny home on wheels (THOW) do-it-yourself kit. Rachel Stamm, CEO of Close to Home, is hosting a “build party” on October 6 to begin construction of her prototype THOW – in her back yard right here in Kent! • Staff attended the Peer Networking Series hosted by PSRC, at which researchers from the UW Urban Freight Lab presented their work with Seattle Department of Transportation identifying pilot projects to better understand freight movement/delivery needs in urban spaces. Researchers are investigating how the city can make the most efficient use of curb space and urban transportation systems to facilitate faster freight delivery and reduce impacts to other modes of transportation. • Staff attended a “What Works?” workshop on strategies for public art in South King County. Panelists included Sound Transit, speaking about the public art process for Angle Lake Station; City of Burien, discussing their interim art space for Burning-Man- inspired public art; City of Auburn, speaking about public art program incorporating rotating sculptures, pianos, and hand-built benches; and City of Maple Valley covering the process by which they turned an unused alley into a pocket park. • Staff attended the open house hosted by Sound Transit on the Sounder platform, at which public feedback was sought pertaining to the location of a new parking garage in downtown Kent. The event drew dozens of participants, and city staff engaged with property owners, transit users, and bicycle advocates on the topic of garage siting and potential non-motorized improvements. Page 3 of 9 • At the September 25 Land Use and Planning Board workshop, ECD staff presented code amendment alternatives to establish permanent regulations for community health engagement locations (CHELs), also known as safe injection sites. In August, City Council adopted a 6-month moratorium prohibiting community health engagement locations in all zoning districts in Kent; once adopted, these code amendments will replace those temporarily established via the moratorium. FINANCE • On Friday, September 22, the City exit conference was held with SAO for the Financial Statement and Federal Single Audit Report. This completes these first two sections of the annual audit. The City received two findings as part of the Single audit. We will be taking steps to correct these issues moving forward. The Accountability portion of the audit will begin in mid-October. HUMAN RESOURCES Administration/Community Outreach • Training on Working with the Homeless was held for the Public Works Operations team in a cross functional effort by Human Resources, the Police Department, Public Works, and Human Services. Content included what employees can and cannot do when working with the Homeless, along with information about resources and programs. • Continuing work with Public Works Operations to hire a Supported Employee in Fleet Services. Benefits • Working on the Benefits Open Enrollment system, to be held in November. Labor, Classification Compensation • Recommendations from the non-represented employee salary survey were approved by the City council on September 19. Memos on the survey findings are being finalized and will be sent to all non-represented employees. Recruitment • Combination Building Inspector interviews will be held on Wednesday, September 27. • Interviews for MW III in Water were held on Wednesday, September 27. • The written exam for MW I in the Utilities division will be held the week of September 25 , with interviews scheduled for October 9 and 10. • Entry Level Corrections testing will be held on Friday, September 29. • Entry Level Police Officer testing will be held on Tuesday, October 3. • New hires for October 2: Lateral Police Officers Elmer Querbin and Travis Eaton and Entry Level Police Officer Robert Bonjukian, John Aldridge hired as an MW II in Sewer, and Ronald Lashley hired as an Administrative Assistant III in Parks. • Preparing for a Sergeant's promotional exam process for the Police department. Testing tentatively scheduled to take place in November and December 2017. Page 4 of 9 Risk Management • Began application process for 2018 liability and worker’s compensation insurance coverages. INFORMATION TECHNOLOGY – No report LAW • Prosecutors handled two trials during jury week involving assault charges that resulted in convictions, including one case that involved a gun, and another that was a domestic violence case. • The Riverbend Par 3 sale contingency period has closed, and the City is in receipt of its non-refundable $500K payment from the purchaser. • Law Department staff handled six code enforcement hearings, resulting in a total of $1,800 in fines awarded to the City. All violations have been abated with the exception of one inoperable vehicle, which staff is continuing to work with the property owner to have removed. • The City Attorney’s Office continues to review the various property issues relating to Morrill Meadows and East Hill Park in preparation for the surplus hearing that will be held on October 17. • Law Department staff is working with the Washington Hockey League attorneys to ensure a smooth transition in ownership of the Thunderbirds. • The City Attorney’s Office continues to advise HR and various other departments regarding complex personnel matters. MUNICIPAL COURT – No report PARKS, RECREATION, AND COMMUNITY SERVICES Parks, Recreation and Community Services • Human Services and Economic Development staff have partnered with Coalition for Refugees from Burma (lead organization), Mother Africa, Jewish Family Service, Partner in Employment, St. Vincent de Paul-Centro Rendu, and Center for Advanced Manufacturing Puget Sound (CAMPS) in the Good Jobs Equal Economic Opportunities collaborative. This is a Boeing grant supported partnership to develop culturally responsive workforce development strategies and practical recommendations for refugees and immigrants to secure entry level manufacturing jobs. Thus far, Good Jobs has assisted with résumé development, assessed skills using a Good Jobs created assessment tool, and administered the Wiesen Test of Mechanical Aptitude (WTMA) to 40+ individuals. The project is finally seeing positive hiring results. During the last two weeks, Good Jobs partners toured three manufacturing employers: Hexcel Corporation, Omax Corporation, and Transmission Remanufacturing Company (TRC). These tours were instrumental in strengthening relationships between Good Jobs, manufacturing employers and immigrant/refugee jobseekers. • The Senior Activity Center, in partnership with FD Cares, hosted a Wellness Fair Thursday, September 21. This very successful event featured 40 informative booths, health screenings, free flu shots provided by Golden Care, door prizes and a sold out Page 5 of 9 box lunch provided by local assisted living facilities; over 225 people were in attendance. • Kent Parks Fall Youth Soccer program is underway with 95 teams and over 1,000 youth participants involved in games and scheduled events. Back to back weekend jamborees at Wilson Playfield kicked off the program as a chance for teams to play mini-games and get pictures while referees fine-tuned their skills under the guidance of instructor/supervisors. Over 1,000 spectators representing every corner of the Kent community visit Wilson Playfield every weekend to cheer on their favorite teams. This program is successfully meeting its primary goal to promote healthy activities that bring families together. It also employs over 40 young people, many working their first jobs. • World Wide Day of Play had a successful turnout with families enjoying a few hours to unplug and get outside to participate in games, music and arts and crafts. • In partnership with the Kent School District the Kent Parks Community Center is open on Early Release Wednesdays to provide a safe place for middle school students to engage in sports, music, dance and mentoring. KSD provides transportation from Meridian and Mill Creek Middle school to the center. • The Park Operations team recently initiated a division reorganization that realigns our operations teams and creates a support services group. • Demolition has started on the dilapidated stage at Mill Creek park. • For those in the downtown area, an outdoor ping pong table has been installed at Kherson Park. Please bring your own equipment or loaner equipment is available at Create. POLICE Staff Changes - Hiring/Retirement/Recruitment/ Leaves/Promotions • Kristina Wortman will start in Records on October 2nd. • School Resource Officer Jeff Williams is retiring October 5th. • Commander Scholl is off to the FBI Academy in Quantico Virginia for Professional Development Training. Significant crime activities/arrests/investigations • September 12 – drive-by shooting across the street from the Kent DOC office. The intended victim was not hit but an innocent bystander almost was. • September 16 – victim vehicle leaving Winco was rear-ended on 212th. Two males got out of the suspect vehicle and took four women’s purses and jewelry at gun point. There was a struggle with a pregnant female which resulted in her losing consciousness and going into pre-term labor. • September 18 – officers were dispatched to Mosaic Hills Apartments for a 14-year- old victim with two gunshot wounds (leg and foot). Investigation revealed that it was more than likely gang related. • September 19 – vehicle stolen at gunpoint at the Starlake Park and Ride. • September 22 – multiple shots fired outside the Central Avenue pub. No known victims. Officers witnessed a motorcycle leaving the area at a high rate of speed. The rider was stopped, identified as a convicted felon, and in possession of a 1911 with one full and one empty magazine. He was booked into King County Jail on Violation of the Uniform Firearms Act. Page 6 of 9 • September 24 – Officers responded to Washington State Patrol for a disable occupied vehicle with bullet holes at Willis/169. The shooting occurred in Kent and no subjects were injured. The incident started in Des Moines with an assault. The suspects fled with the victims following. On Kent Des Moines Road the suspects fired at the victims striking their vehicle twice. They stopped for a red light at Washington and the suspects again fired at the victims this time disabling the vehicle. • September 25 – Rape in the area of Wendy’s restaurant on E Smith. The suspect was located nearby. Events and awards • September 19 Alex Helms and Patrick Rainer were sworn in at Council. • September 19 at council Sergeant Koehler was awarded a lifesaving award for saving the life of a heroin overdose victim by quickly giving a dose of Narcan. The victim did not wake up but he began to breathe so Sergeant Koehler administered a second dose. The victim’s breathing became stronger and stronger. Medic One arrived and was able to revive the victim. • City of Kent Corrections Facility earned accreditation from the Washington Association of Sheriffs and Police Chiefs. We are only the 2nd jail in the state with this title. PUBLIC WORKS Design • S 224th St Project 84th to 88th – Aerial easement/Airspace Lease authorized at September 19 City Council Meeting. Lease signed by Mayor Cook and delivered to WSDOT for execution September 23. Working toward Possession and Use agreement with Hytek property – for wetland mitigation as required by CORPS permit. Hytek moving forward with site cleanup. Condemnation ordinance presented at Council on September 19. • S 224th St Project 88th to 94th – Completed and secured rights from 4 of 8 parcels impacted by the project. Condemnation ordinance authorized at City Council meeting on September 19. Working to complete final Geotechnical Report and Type, Size and Location report. Review scheduled for October. • S 228th St Union Pacific Rail Road Grade Separation (and 228th Bikeway) –Review package distributed September 19. Advertisement date to be pushed out. Completed and secured rights from 4 of 11 parcels. Negotiations continue with remaining businesses. Preparing documents for condemnation on several parcels. • East Valley Overlay – Letters to utility companies sent September 22, providing notice of upcoming work. Construction • LID 363: S 224th St Improvements – 84th Ave S to 88th Ave S (Ph 1) - Construction is currently scheduled to begin this week with mobilization, clearing and temporary erosion sediment control (TESC) on the West side of SR 167. Night work will begin on SR 167 on Sunday October 1. Paving repairs in the northbound and southbound shoulders will be followed by rechannelization of the work zone and temporary barrier installation in both directions on the freeway to create a safe work zone in the median of SR 167. With the work zone established in the median, demolition of the existing barrier and road surfacing for fiber optic relocation will proceed. Page 7 of 9 • 2017 Asphalt Overlays - Seven Oakes is complete. Starlake Highlands activities include minor restoration and cleanup. Misty Meadows activities include minor restoration and cleanup. • S 212th St and 72nd Ave S Intersection Improvements - Both 212th and 72nd were opened to traffic in all directions on Friday September 22. Final striping will take place in October after the required cure time. Single lane closures will be implemented on an intermittent basis for the remaining electrical and punch list work. • 132nd Ave SE Pedestrian Improvements (SE 251st St to SE 268th St) - Block wall construction and storm pipe installation are ongoing. Grading for pathway construction will begin next week. • Woodford Ave N Drainage Improvements - Storm pipe installation is complete. Roadway patching was completed on Friday, September 22. Striping and final cleanup is scheduled for September 29. • 2017 Large Storm Pipe, Culvert and Channel Cleaning, W Meeker St to S 240th St - Contract activities are complete, the final Walk-thru is scheduled, and comments are due on Monday, October 2. • 2017 Large Culvert and Channel Cleaning, 64th Ave S - Contract activities are complete. Jute matting will be added to the channel section north of James Street next to the ShoWare Center to stabilize the channel side slopes. The Final Walk-thru has been scheduled and comments were due on Wednesday, September 27. • S 212th Way Overlay - Replacement of this removed curb and sidewalk is underway during the daytime and existing utilities are being lowered for asphalt grinding. Asphalt grinding began on Wednesday evening, September 27 and will continue through Friday night. Full depth asphalt repairs will take place on Friday and Saturday nights with final paving to following during the week of October 2. • S 240th St Pathway Improvements – Green River Trail to Lakeside Boulevard - Construction is scheduled to begin on Monday, October 2. • S 228th Grade Separation at Union Pacific Railroad – Joint Utility Trench - Construction is scheduled to begin on Monday, October 9. • Lake Meridian Estates Storm Drainage Repair - Contract work is underway. The repair of the failed storm line directly feeding into Lake Meridian is being completed this week. Storm line relocation at the North end of the property will follow on the week of October 2. • Development/Permit Projects - LARC Sr. Housing frontage work and offsite improvements on 1st Ave, Side St, and Cloudy St are ongoing. Rainier Pond restriping of SE 248th St was completed on Sunday September 24. Transportation • Staff is evaluating pedestrian signal timing at 4th Ave and Smith Street at the request of residents from Harrison House. • Data has been collected and for inclusion into the plans and specs for the Kent Valley Signal System Upgrade, funded by a WSDOT Highway Safety Improvement Grant. • Commute Trip Reduction sites are being contacted by Antje Kablitz, the new Commute Trip Reduction Coordinator, to answer question and help the sites with commute options. • WSDOT has requested a letter of support for a federal Infrastructure for Rebuilding America Grant for the completion Gateway projects to help offset the cost of the project, including a portion of the local match. The grant request will be over $100 Million. Page 8 of 9 Land Survey • Design Mapping - 228th Union Pacific Railroad Potholes, Upper Mill Creek Dam Pothole, 24th Corridor Phase II Utility Measure Downs, Upper Mill Creek Side Channel/Leber Additional Topography • Construction/Staking - 212th Overlay Monument Reference Ties • Office/Right of Way - 80th Ave Walk Thru and Quiet Zone Right of Way Boundary Lines GIS • GIS Mapping - Provided road data to Valley Communication Center for emergency calls. Valley Communications received 296 new road segments within city limits that will help emergency vehicles with 911 calls. • Public Work Sections - the Sewer Section requested a map to show the projected twelve year capital improvement plan for Utilities and Sewer. Water section requested data to show a map of small pressure reducing valves in the new 640 zone. Public Works Transportation requested a map for public presentation showing Cedar Point Parking Evaluation showing parking/no parking locations. A script for Asbuilts has been written to extract the data from one data system (AutoCAD) to the GIS System- 34 As-builts have been extracted and 12 have been entered into the GIS system. • The City Attorney’s Office requested a map for office use only of the YMCA Joint Project showing Morrill Meadows Park and East Hill Park and the connecting lots in between. The Mayor’s Office with multiple mailing list so that mailers can be sent out. Environmental • Federal Emergency Management Agency (FEMA) Flood Hazard Maps – New preliminary flood hazard maps have been issued, and are available from Public Works or through the FEMA web site. FEMA is going to schedule meetings to follow in October and November with local agency staff and the public. The maps will be presented to the City Council at the workshop on October 3. • Water Resource Inventory Area (WRIA) 8 Salmon Recovery Council – The Salmon Recovery Council met last Thursday and finalized the Salmon Habitat Plan Update for adoption by the local jurisdictions. Streets • Street Maintenance crews will be performing hot patch repairs in the West Hill area and 33rd Avenue west of 268th Street; they will be setting up the plow and sander and repairing roads and shoulders at 80th and 84th. The concrete crew will be removing sidewalk panels and prepping for pouring on 64th Street between 236th and 231st. Vegetation crews are cutting willows and removing cottonwoods from underneath the Bonneville Power Administration (BPA) lines at the Lake Meridian Outlet Channel. Vegetation crews will also be clearing fence lines, removing debris, cutting and removing blackberries at Eagle Creek and Meadow Hills and cleaning traffic islands citywide. The Sign crew will be installing banners downtown and picking up traffic control from the KDP Hawktoberfest. Water • The Water Division is working with RH2 Engineering on a renewal of our water system plan. Engineering GIS is updating as-builts for recalibrating our water model. Rock Creek augmentation, as part of our Habitat Conservation Plan (HCP) requirements, starts October 1 at Clark Springs. Staff continues to work on our Page 9 of 9 Water District #111 intertie upgrade at 282nd & 124th on the East Hill. The water vault has been set; we will now work on waterline work as part of this project. Utilities • Sewer department will also be changing seal at Lindental Pump 1 and performing easement maintenance. • Storm: The project crews will be saw cutting and assisting Street department with asphalting driveway at 33rd Ave. National Pollution Discharge Elimination System (NPDES) crews will be pumping at 225th PL and 94th St and at SE 217th St and 108th St. Fleet/Warehouse • The Radio shop continues work on the Police boat and wiring new trucks # # # This page intentionally left blank. EXECUTIVE SESSION A. Potential Litigation, as per RCW 42.30.110(1)(i) ACTION AFTER EXECUTIVE SESSION ADJOURNMENT