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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 11/7/2017adccW15902 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 November 7, 2017 This page intentionally left blank. KENT CITY COUNCIL AGENDAS November 7, 2017 Council Chambers Mayor Suzette Cooke Council President Bill Boyce Councilmember Jim Berrios Councilmember Tina Budell Councilmember Brenda Fincher Councilmember Dennis Higgins Councilmember Dana Ralph Councilmember Les Thomas ******************************************************************** COUNCIL MEETING AGENDA 5 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. Appointment to the Kent Human Services Commission C. Appointment to the Kent Arts Commission D. Proclamation for Arbor Day E. Proclamation for Soka Gakkai International Day F. Proclamation for Veterans’ Day of Remembrance G. Community Events H. Economic and Community Development Update I. 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 October 17, 2017, Workshop and Council Meeting, and the October 19, 2017 Workshop – Approve B. Payment of Bills – Approve C. Appointment of Rickie Robinson to the Kent Human Services Commission - Confirm D. Appointment of Martha Cunningham to the Kent Arts Commission – Confirm E. Infrastructure for Rebuilding America (INFRA) Grant - Letter of Support to Washington State Department of Transportation – Authorize F. Agreement with Union Pacific Railroad – Quiet Zone – Authorize G. South King County Area Transportation Board Operating Procedures Agreement – Authorize H. Briscoe-Desimone Levee Improvements Reach 2 and 3 – Accept as Complete I. Port of Seattle Partnership and Aerospace Joint Apprenticeship Committee Consultant Services Agreements – Authorize 8. OTHER BUSINESS 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION Collective Bargaining, RCW 42.30.140(4)(a) 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. AGENDA APPROVAL Changes from Council, Administration, or Staff This page intentionally left blank. PUBLIC COMMUNICATIONS A)Public Recognition B)Appointment to the Kent Human Services Commission C)Appointment to the Kent Arts Commission D)Proclamation for Arbor Day E)Proclamation for Soka Gakkai International Day F)Proclamation for Veterans' Day of Remembrance G)Community Events H)Economic and Community Development Update I)Intergovernmental Reports PROCLAMATTON Whereas, Whereas, Arbor Day was established in t872; and the city of Kent recognizes the value of trees in making the city environmentally sound and aesthetically pléasing, which promotes good business and a sense of communíty; and Whereas,the city of Kent established a "Tree Ordinance" and a tree maintenance crew for the purpose of maintaining, protecting, and regulating street trees for beautification of the city; and Whereas,in recognition of its commitment to trees and the environment, the city of Kent has been named Tree City USA by the National Arbor Foundation every year since 2003, making this our 14th anniversary; and, Whereas,The city of Kent is one of six cities in the Green Cities Partnership, working to sustain our healthy urban forests and natural spaces with the help of dedicated citizens; and Whereas,2OL7 marks Kent's L27t^ year as an incorporated city; NOW, THEREFORE, I, Suzette Cooke, Mayor of the city of Kent, do hereby proclaim November L8,2017 as ARBOR DAY In the city of Kent, Washington, and I encourage all residents to consider planting a tree on their property, to take a moment to enjoy the trees in our local parks, to appreciate the beautiful green open spaces and forests that we enjoy here in the Nofthwest and to join the environmental restoration efforts at Riverview Park. In witness whereof, I have hereunto set my hand and caused the seal of xed this 7th day of November,20t7 KENT ze Kent to WasHrxoroN Mayor PROCLAMATION WHEREAg Soka Gakkai International Day (SGI) has been engaged in worldwide activity for peace, culture and education for 97 years and in pafticular in the United States for 67 years; and WHEREAg the SGI, under the leadership of Dr, Daisaku lkeda, is a culturally diverse Buddhist organization whose community- based activities foster world citizens and an awareness of humanity's relationship to the environment; and WHEREAg Dr. Ikeda and Mrs. Kaneko Ikeda have devoted over 72 years to human well-being on a global scale, transcending national and state boundaries in their tireless efforts for peace dialogues; and WHEREA$ the SGI promotes individual development and societal harmony, focusing on growth of young people who will become global citizens treasuring and respecting the dignity of each person's life, and contributing to the prosperity of their communities; and WHEREA$ Dr. Ikeda has founded several educational, peace and cultural institutions, including Soka University of America (California), Toda Institute for global Peace and Policy Research (Hawaii) and the Boston Research Center for the 21't Century; and WHEREAfl SGI members have been good citizens and friends to the city of Kent and the community. NOW THEREFORE,I, Mayor Suzette Cooke; do hereby proclaim November L8,20L7 SOKA GAKKAI TNTERNATTONAL DAY In the city of Kent, and encourage citizens to join me in recognizing Dr. Ikeda and Mrs. Kaneko Ikeda and their years of effort towards peace, culture and education. IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the city of Kent this 7th day of November 20L7. KENTW^sHrNcroN Cooke, Mayor WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, PROCLAMATION We celebrate Veterans Day as a time to pause and reflect on the sacrifices of all of those who have served in the United States military. Let us honor our veterans, who proved their heroism and love of country to protect the freedoms we enjoy as Americans; and since the establishment of the original 13 states, Americans have been willing to fight and die to preserve their individual rights as guaranteed in the United State Constitution and the Bill of Rights; and we owe a great debt to those who have served in the defense of this nation. They consistently defended our ideals across the globe; and they continue to inspire those who defend America today,'half a world away; and as we reflect on the great sacrifice and efforts of our veterans we must never forget that freedom comes at a cost. More than a million have died in service to America; and more than a million have been wounded. For many others, that sacrifice has ended in permanent injury, yet their spirit remains in the continued preservation of our freedoms and the promise of liberty for all; and in honor of these dedicated men and women, we pledge our continued defense of our nation so that their sacrifice will stand before the entire world as a tribute to the spirit and determination of people dedicated to the principles of freedom and democracy. NOW, THEREFORE, l, Suzette Cooke, Mayor of the City of Kent, do hereby proclaim November 11,2017 as "Veterans' Day of Remembrance" and urge all citizens to honor our veterans and rededicate themselves to the.preservation of our liberties under the Constitution. Dated this 7th day of November, 2017 KENT WAsHrr{GToN Cooke, Mayor This page intentionally left blank. 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 I. Discussion Action 7A. Approval of Minutes. Minutes of October 17, 2017, Workshop and Council Meeting, and the October 19, 2017 Workshop - Approve This page intentionally left blank. Kent City Council Workshop October 17, 2017 Minutes Kent, Washington Pending Approval Date: October 17, 2017 Time: 5 p.m. Place: Council Chambers East/West Attending: Bill Boyce, Council President Tina Budell, Councilmember Jim Berrios, Councilmember Brenda Fincher, Councilmember Dennis Higgins, Councilmember Dana Ralph, Councilmember Les Thomas, Councilmember Council President Boyce opened the meeting at 5:04 p.m. Agenda: 1. 2018 Mid-Biennium Budget Adjustment Review Aaron BeMiller Aaron BeMiller, Finance Director, advised that this is the 1st workshop on the mid- biennium budget adjustment. Aaron provided information as follows: A. Property Tax – Banked Capacity - EHB 2242 – State School Levy Changes Aaron BeMiller reviewed the General Fund 6-Year Forecast that includes the loss of streamline sales tax mitigation beginning in July 2019; an allowance for three new police positions and one other General Fund position that will begin in 2019; sales tax revenues over $2.5m shifted from the Capital Resources Fund beginning in 2019; continuance of the 2% internal utility tax; use of banked property tax capacity; and an additional $500,00 in revenues from marijuana and card rooms beginning in 2019. Aaron BeMiller provided details regarding the use of banked capacity and impacts to Kent residents regarding property tax assessed valuation and levy rates, including implications from EHB 2242. Derek Matheson, Chief Administrative Officer, provided details regarding the legislative action adopting a new tax on remote sales. Derek indicated the Legislature has provided for a study and the City will work with Doug Levy, the City’s lobbyist, along with the Association of Washington Cities and Department of Revenue to ensure that Kent is the leader in the study, in an effort to save our sales tax mitigation. B. Square Footage Tax Increase – Mayor addressed in her budget message – Aaron BeMiller, Finance Director, provided information on the square footage tax analysis, that included: a background on the implementation of the City’s B&O Tax on January 1, 2013; the fact that most B&O taxes are generated Page 1 of 3 Kent City Council Workshop October 17, 2017 Minutes Kent, Washington Pending Approval outside of Kent; and taxes collected are disproportionate to revenues needed to provide essential City services. Aaron BeMiller provided the square footage tax analysis, including the impact of doubling square footage tax and uses for additional revenues. Aaron also reviewed the local business tax rates for Washington cities obtained from the Association of Washington Cities. C. External Utility Tax Increase – Mayor addressed in her budget message – Increase from 6%-8%. Aaron BeMiller provided examples of estimated annual increases to a businesses and residences. Aaron indicated that internet charges are excluded since they are not subject to utility tax. Aaron provided an overview of the increase to property taxes that includes the use of banked capacity and an external utility tax increase. D. Communications Specialists. Derek Matheson advised that the 2017-2018 adopted budget included the formation of Communications Department with the addition of a new director. The plan was to merge the Communications Department with the Multi-media Department. Since adoption, fiscal cliff issues arose and the Mayor proposed rolling back the Communications Department request. The new proposal is to keep Communications in the Mayor’s office, and the Multi-media Department will remain in the Information Technology Department. Instead of hiring a department director, the City would hire a Communications Specialist that would focus on the tactical aspects of communications. The Community and Public Affairs Manager would focus on strategies. Derek provided a detailed list of duties for the Community and Public Affairs Manager and Communications Specialist positions. The Community and Public Affairs Manager position is currently vacant. 2. YMCA Funding – Included in Mayor’s proposed budget – Aaron reviewed the proposed funding sources. 3. Potential Quiet Zone Funding – From the Public Works Committee Aaron BeMiller indicated the proposed funding for the Quiet Zone will include funds from the 2017-2018 Street Capital Budget, General Fund reserves over 18%, and the Capital Resources Fund. Aaron provided details regarding the impact to the Capital Resources Fund. Council President Boyce requested that additional details regarding the increase of the cost from $2m to $3m will be provided. Aaron provided the following upcoming dates of note: • Council Workshop (Special meeting) on November 14th • Council Workshop – Final Decisions on November 21st Page 2 of 3 Kent City Council Workshop October 17, 2017 Minutes Kent, Washington Pending Approval • Operations Committee – Budget Review and Recommendation on December 5th • Council Meeting – Adoption of the 2018 Property Tax Levy and Adoption of the 2018 Budget Adjustment on December 12, 2017. The meeting concluded at 6:08 p.m. Kimberley A. Komoto City Clerk October 17, 2017 Page 3 of 3 This page intentionally left blank. Kent City Council Regular Meeting October 17, 2017 Minutes Kent, Washington Pending Approval Date: October 17, 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 7:03 p.m. with Mayor Cooke presiding. 2. Roll Call Mayor Cooke – Present Council President Boyce - 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 Councilmember Boyce moved to approve the agendas presented, seconded by Thomas. The motion passed with a vote of 7-0. 4. Public Communications A. Public Recognition Mayor Cooke congratulated Tom Brubaker, City Attorney, as the recipient of the Washington Association of Municipal Attorney’s (WSAMA) Earnest Campbell Award for Excellence in Municipal Law – the organization’s top award. Tom was recognized for his many contributions to Washington municipal law, including: • Service as the immediate past president of WSAMA • Presentation of at least 16 subjects at WSAMA conferences • 27 Years of experience working for a municipality (most of them for Kent) • Work on various legislative matters that benefit all Washington cities • Teaching a municipal law class at the Seattle University School of Law This is a big honor that recognizes Tom’s lifetime of achievements as a municipal lawyer in Washington. Page 1 of 12 Kent City Council Regular Meeting October 17, 2017 Minutes Kent, Washington Pending Approval Council President Boyce congratulated Tom for the award and expressed the council’s appreciation of his work. Mayor Cooke recognized Detective Doug Whitley as the City’s October Employee of the Month. B. Appointments for Kent Arts Commission Rhonda Billerbeck indicated Christy Caravaglio, Tonia Goodwillie, Susan Machler, Linda Mackintosh, Hal O’Brien and Suzanne Smith wish to be reappointed to the Kent Arts Commission for additional four-year terms. Rhonda indicated that those interested in serving on a City board or commission can visit KentWA.gov for additional information. C. Proclamation for National Arts and Humanities Month Mayor Cooke presented Rhonda Billerbeck with the Proclamation for National Arts and Humanities Month. Rhonda indicated that Kent has one of the oldest Arts Commissions in the State of Washington. Rhonda invited the public to visit the Centennial Center to view the arts gallery. Mayor Cooke thanked Tonya Goodwillie for her work with the Kent’s Got Talent competition. Tonya indicated one of her students at Allegro Performing Arts Academy won the competition. D. Proclamation for National Head Start Awareness Month Mayor Cooke presented Mike Heinisch from Kent Youth and Family Services with the Proclamation for National Head Start Awareness Month. The following people provided details regarding the early learning programs: Kay Lancaster, Associate Superintendent of Early Learning Teaching & Family Support at Puget Sound Educational Service District, Lori Pittman, Early Learning Policy and Advocacy at Puget Sound Educational Service District, and Theresa LaRonde, Early Childhood Education Director at Kent Youth and Family Services. E. Community Events Council President Boyce advised of upcoming events at the accesso ShoWare Center and welcomed the public to visit accessoShoWare.com for dates and times of upcoming events and ticket information. Councilmember Ralph expressed her appreciation of the work of the Arts Commission. The upcoming Spotlight Series will be held on October 27th at the Kent Lutheran Church, starting at 7:30 p.m. and will feature Las Migas. Visit KentArts.com for ticketing information. Page 2 of 12 Kent City Council Regular Meeting October 17, 2017 Minutes Kent, Washington Pending Approval Councilmember Fincher advised that there are Green Kent Events for the next three weekend and run from 9 a.m. -noon. Visit KentWA.com for details regarding upcoming opportunities to participate. F. Public Safety Update Chief Thomas introduced Kyra Doubek as the City’s Commercial Sexually Exploited Children Behavioral Health Specialist. Kent partnered with Kent Youth and Family Services to obtain funding for the specialist position. Chief Thomas provided an overview of Kyra’s job. Kyra expressed her appreciation for the opportunity to work with the youth throughout Kent. Chief Thomas provided an update on criminal statistics from 2006 – 2016, for person’s crime, property crime, robberies, aggravated assaults, rapes, burglaries, thefts/larceny, vehicle prowls, and vehicle thefts. Chief Thomas conveyed challenges in addressing effectively dealing with the youth. King County Sheriff John Urquhart presented Chief Thomas with an award recognizing his efforts organizing a coordinated response of King County police departments during a time of unprecedented gun violence in the early months of 2017. Chief Thomas indicated Sheriff Urquhart and the King County Sheriff’s Office provides outstanding support. Chief Thomas invited the public to attend the October 25th, coffee with the Chief that will be held at the Starbucks at 4th & Meeker at 8 a.m. G. Intergovernmental Reports Councilmember Boyce serves on the Sound Cities Association Public Issues Committee and advised that the last meeting discussed the Legislative agenda that will focus on the adjustment of property tax cap, investing in public health service, and the homelessness crisis. Councilmember Budell serves on the Associated Cities of Western Washington for the Domestic Violence Initiative. No report. Councilmember Higgins, services on the King County Regional Transit Committee. No report. Councilmember Berrios serves on the Puget Sound Regional Council Economic Development Committee. No report. Page 3 of 12 Kent City Council Regular Meeting October 17, 2017 Minutes Kent, Washington Pending Approval Councilmember Ralph serves on the Transportation Policy Board that continues to work on the Transportation 2040 update, discussing climate change, meeting targets for regional with reduction of emissions, and will continue to work on freight strategy - how we integrate humans and transportation. The board received an update from WSDOT on the statewide freight system plan. Councilmember Ralph serves on the South County Area Transportation Policy Board. No Report Councilmember Fincher serves on the Mental Illness and Drug Dependency Council. No Report Councilmember Fincher serves on the King Conservation District. No. Report 5. Public Hearing A. Potential Surplus of a Portion of Morrill Meadows/East Hill Park and Removal of any Restrictive Covenants for Construction of a YMCA Center. Julie Parascondola, Parks, Recreation and Community Services Director, gave the staff presentation. Julie indicated there is a special council workshop on October 19, 2017. Julie provided a review of the surplus process to date, including the recently passed HB 1959 Land Covenant Preservation and Transparency Act. Julie reviewed the details regarding the removal of restricted covenants, and advised of the next steps to surplus the property. Mayor Cooke opened the public hearing Councilmember Ralph sought confirmation that the City has obtained approval from King County regarding the restrictions. Public Comment: Kyle Hoffman, a Kent resident, spoke in support of the YMCA. Kyle indicated he is an 8th grader at Mattson Middle School. He indicated the YMCA encourages kids to be active and it makes outside being fun and enjoyable. It also promotes social skills and provides a safe place to do homework and hang out. Alison Hoffman, a Kent resident, spoke in support of the YMCA. Alison indicated she is a 5th grade student at Sunrise Elementary. She indicated the YMCA is more than a pool. Some YMCAs have dance and yoga and it is a place to make new friends. Janet Hoffman, a Kent resident spoke in support of the YMCA. She indicated when grew up in Kent and utilized the Kent Meridian pool. She indicated the YMCA brings people together so they can get involved in their community. Page 4 of 12 Kent City Council Regular Meeting October 17, 2017 Minutes Kent, Washington Pending Approval David Lyanu works for the YMCA, including their Alive and Free program that provides for youth at risk. David expressed his support of the YMCA. Chiyo Miyabe, a Kent resident, spoke in support of the YMCA and requested that consideration be made to renovating the Kent Meridian Pool and providing for a facility for the school swim teams. Evelyn Raymond, a Kent resident, spoke in support of the YMCA and expressed her appreciation for the opportunity to get a YMCA in Kent. Council President Boyce moved to close the public hearing, seconded by Councilmember Thomas. The motion passed unanimously with a 7-0 vote. Councilmember Fincher moved to adopt Resolution No. 1949 authorizing the surplus of a portion of Morrill Meadows/East Hill Park to allow the YMCA of Greater Seattle to construct a new indoor recreational facility, authorizing the removal of certain restricted covenants on the property in accordance with King County and Recreation and Resources Conservation Office requirements, and authorizing the Mayor to take all necessary actions in accordance with this resolution, and seconded by Councilmember Budell. The motion passed unanimously with a 7-0 vote. B. 2018 Mid-Biennium Budget Adjustment - Second Public Hearing Mayor Cooke opened the Public Hearing. Aaron BeMiller, Finance Director, indicated this is the second public hearing on the 2018 Mid-Biennium Budget Adjustment. The first public hearing was held on September 19, 2017. The Mayor presented her proposed budget on September 27, 2017. The proposed expenditure budget is $330.5m and includes a $98.5m general fund budget. Public Comment: Sylvia Hildebrandt, a Kent resident, expressed her opposition to using banked- capacity. She indicated this would affect seniors. She expressed her concerns over the proposed increase to property and utility taxes.’ Council President Boyce moved to close the public hearing, seconded by Councilmember Thomas. The motion passed unanimously with a 7-0 vote. C. 2017 Tax Levy for 2018 Budget Mayor Cooked opened the public hearing for the 2017 Tax Levy for the 2018 Budget. Page 5 of 12 Kent City Council Regular Meeting October 17, 2017 Minutes Kent, Washington Pending Approval Aaron BeMiller, Finance Director, provided a brief overview of the 2017 tax levy for collections in 2018. Aaron indicated the King County Assessor’s Office has provided a preliminary property tax valuation worksheet of $18.2 billion. Due to the 1% limit on property tax collections, the 2018 City lev rate calculates to a $1.29 per $1,000 of assessed valuation. Aaron indicated additional information can be obtained by visiting KentWA.gov. Public Comment None Council President Boyce moved to close the public hearing, seconded by Councilmember Thomas. The motion passed unanimously with a 7-0 vote. D. 2018-2023 Capital Improvement Plan - Second Public Hearing Mayor Cooke opened the second public hearing on the 2018-2023 Capital Improvement Plan. Aaron BeMiller, Finance Director, indicated this is the second public hearing, the first public hearing was held on September 19, 2017. The six-year Capital Improvement Plan is part of the Growth Management Act and is a flexible 6-year plan and contains the City’s capital projects and funding and is updated annually. Upon adoption, the Capital Improvement Plan will be incorporated in to City’s Comprehensive Plan. Public Comment None Council President Boyce moved to close the public hearing, seconded by Councilmember Thomas. The motion passed unanimously with a 7-0 vote. E. Comprehensive Plan/Capital Facilities Element Amendment and Update to Kent City Code Chapter 12.13 School Impact Fees Charlene Anderson, Long Range Senior Planner, gave the staff presentation. This is the annual update to incorporate recent Capital Facilities Plans of the Kent, Auburn, Federal Way and Highline school districts, as well as the City’s Capital Improvement Program. There is a request within this update to adjust school impact fees. Page 6 of 12 Kent City Council Regular Meeting October 17, 2017 Minutes Kent, Washington Pending Approval The school district Plans provide an inventory of existing facilities, estimate growth, the facilities needed to accommodate the growth and anticipated funding for those facilities. School Impact Fees are just one of the financing tools. Charlene indicated the representative from the Highline School District could not attend tonight’s meeting and requested their email containing their report be included as a part of the record. Council President Boyce moved to add the letter from the Highline School District regarding their capital planning to the record, and seconded by Councilmember Thomas. The motion passed unanimously with a 7-0 vote. Ralph Fortunato, Kent School District, Executive Director of Fiscal Services, advised of details of the District’s plan that includes modest enrollment growth related to new housing. The new Covington Elementary will provide for an increased capacity of 25%. Mr. Fortunato indicated the siting of the new elementary in the Kent Valley is progressing and will increase capacity of about 600 students. The District is also planning for additional classrooms throughout the district. The District has requested a 2.6% increase to impact fees, which reflects the CPI increase. The single family rate will increase $135 from $5,100 to $5,235, and the multi-family rate will increase $57 from $2,210 to $2,267 per unit. Sally McLean, Chief Financial Officer for the Federal Way Public Schools District, advised of details of the District’s plan. Almost 10% of Federal Way’s school population reside within the Kent city limits. Sally McLean advised that the District’s impact fees for 2018 are more than doubling, due to an increase in students through new multi-family housing and an upcoming bond measure that will continue current tax collections. The Single-family rate for 2017 is $3,198 and will increase in 2018 to $6,842. The multi-family rate for 2017 is $8,386 and will increase in 2018 to $20,086. The council expressed their concerns over the increase in the multi-family fee. Sally McLean could not confirm that Federal Way has a current moratorium on construction of multi-family units, but did confirm that King County has not instituted a moratorium. Mayor Cooke indicated that due to the astronomical increase in fees, the Council deserves more information from the School Board or the Superintendent, since it Page 7 of 12 Kent City Council Regular Meeting October 17, 2017 Minutes Kent, Washington Pending Approval appears that it is the City of Kent’s multi families are bearing the brunt of the increase. Councilmember Higgins clarified that impact fees are for new construction only and that any concerns the public has should be directed to the Federal Way school board. Council President Boyce moved to close the public hearing, seconded by Councilmember Thomas. The motion passed unanimously with a 7-0 vote. 6. Public Comment Mike Heinisch spoke in support of the Veteran’s, Senior, and Human Services Levy that is on the November 7, 2017, ballot. This is the second renewal of this levy. The levy will be allocated to 1/3 for veterans, 1/3 to needs of vulnerable individuals, and 1/3 to seniors. Bob Saka spoke in support of the Veteran’s, Senior, and Human Services Levy. Kirk Nelson, a Kent resident, indicated he will be attending meetings to hold the council accountable. T.J. Petersen, resident of Kent, provided public comment. Lucas Akiyama, resident of Kent, provided public comment and asked how, in the future, the police will get better training to help kids stay out of trouble. 7. Consent Calendar Council President Boyce moved to approve the Consent Calendar items A through N seconded by Councilmember Thomas. The motion passed unanimously with a 7-0 vote. A. Minutes of Previous Meetings and Workshops – Approve The minutes of the October 3, 2017, Council Meeting and Workshop and were approved. B. Payment of Bills – Approve Bills received through September 15, 2017 and paid on September 15, 2017 after auditing by the Operations Committee on October 3, 2017 were approved. Approval of checks issued for vouchers: Date Check Numbers Amount 09/15/17 Wire Transfers 7232-7249 $2,183,366.55 09/15/17 Regular Checks 717480-717787 $1,256,334.60 Page 8 of 12 Kent City Council Regular Meeting October 17, 2017 Minutes Kent, Washington Pending Approval 09/15/17 Payment Plus $193,511.20 Void Checks $0.00 09/15/17 Use Tax Payable $3,632.36 $3,636,844.71 Approval of checks issued for payroll for September 1 through September 15 and paid on September 20, 2017: Date Check Numbers Amount 9/20/2017 Checks 0 $0.00 Voids and Reissues 9/20/2017 Advices 394475-395380 $1,627,897.65 $1,627,897.65 C. Ordinance Approving the Indirect Change of Control of Astound Broadband, LLC d/b/a Wave Franchise – Adopt Ordinance No.4255 was adopted, approving the indirect change of control of Astound Broadband, LLC d/b/a Wave Franchise. D. Reappointments to the Kent Arts Commission – Confirm Council confirmed the Mayor’s reappointment of Christy Caravaglio, Tonia Goodwillie, Susan Machler, Linda Mackintosh, Hal O’Brien and Suzanne Smith to the Kent Arts Commission for additional four-year terms. E. Sounder Access Improvement Project Recommendation - Authorize The Mayor and Council President authorized a letter submittal on behalf of the City to the Sound Transit Board of Directors recommending “Site 3” as the location for the Sounder Access Improvements parking garage. F. Yakima County Inmate Housing Interlocal Agreement - Authorize The Mayor was authorized to sign an Interlocal Agreement with Yakima County for the purpose of housing Kent inmates as the City may need, during 2018, subject to final terms and conditions acceptable to the City Attorney and Police Chief. G. Puget Sound Emergency Radio Network Lease Agreement – Cambridge Water Tank Site - Authorize The Mayor was authorized to sign a lease agreement with King County to operate and maintain a wireless communication facility at the Cambridge Tank site for the Puget Sound Emergency Radio Network (“PSERN”), subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Page 9 of 12 Kent City Council Regular Meeting October 17, 2017 Minutes Kent, Washington Pending Approval H. Commute Trip Reduction Grant - Accept The Mayor was authorized to the sign the Transportation Demand Management Implementation Agreement, WSDOT #GCB2755, subject to the final terms and conditions acceptable to the Public Works Director and the City Attorney. I. Grievance Procedure – Americans with Disabilities Act - Authorize Ordinance No. 1949 was adopted, adopting a formal City of Kent Grievance Procedure in compliance with the Americans with Disabilities Act (ADA). J. U.S. Geological Survey Joint Funding Agreement - Authorize The Mayor was authorized to sign the federal fiscal year 2018 Joint Funding Agreement for Water Resources Investigations between the City of Kent and the U.S. Geological Survey subject to final terms and conditions acceptable to the Public Works Director and City Attorney. K. Internal Financing – Phase 1 LID 363 Project – Ordinance - Adopt Ordinance No. 4256 was adopted, approving the internal financing for Phase 1 of the Local Improvement District 363 Project in an amount not to exceed $3,200,000. L. Interagency Agreement – DUI Operations and Training - Authorize The Mayor was authorized to sign an interagency agreement, also to be signed by the Presiding Judge, between the Washington Traffic Safety Commission and Kent Municipal Court, subject to final contract terms and conditions acceptable to the City Attorney and Kent Municipal Court. M. Bill of Sale for Stryker Business Center Phase 2 WULF - Accept Council was authorized to accept the Bill of Sale from Stryker Business Center Phase 2 WULF. N. Central Avenue South Pavement Preservation and Utility Improvements – Accept as Complete The Mayor was authorized to accept the Central Avenue South Pavement Preservation and Utility Improvements Project as complete and release retainage to Marshbank Construction, Inc. upon receipt of standard releases from the state and the release of any liens. 8. Other Business A. Assignment of accesso ShoWare Lease between the Seattle Thunderbirds and City of Kent – Approve Ben indicated Russ Farwell and Colin Campbell, current owners of Seattle Thunderbirds, have been great partners to the City of Kent and have spent years contributing to this community. Page 10 of 12 Kent City Council Regular Meeting October 17, 2017 Minutes Kent, Washington Pending Approval Ben provided a review of the new owners, the requirements of the consent of the sale, key milestones for the sale, the supporting documents included in today’s agenda packet, key points in favor of the sale, and the recommendation of staff. Council President Boyce moved to authorize the Mayor to consent to the transfer of ownership of the Thunderbirds Hockey Team to Silent Ice, Inc., subject to final terms and conditions acceptable to the City Attorney and Economic Community Development Director, seconded by Councilmember Higgins. The motion passed unanimously with a 7-0 vote. 9. Bids None. 10. Reports from Standing Committees, Council and Staff Council President’s Report – Council President Boyce provided a review of the 2018 Mid Biennium Budget Adjustment discussion during tonight’s Council Workshop. The budget is available at KentWA.gov. The next workshop is scheduled for November 14, 2017, at 5 p.m. Mayor Cooke – Mayor Cooke advised of opportunities for Volunteers in Police Service with the City. Mayor Cooke advised that she has officially appointed Kathi Jones to be the ambassador/liaison between the Arts Commission and the Land Use and Planning Board. Administration – Derek Matheson, Chief Administrative Officer indicated there has been a recent emphasis enforcing downtown parking due to complaints over commuters parking in spaces downtown. During the past month, the parking enforcement officer 40-60 infractions per week and a handful of impounds. Thursday, October 19, 2017, at 5 p.m., a special workshop will be held to receive an update on the YMCA project. Derek advised that on Tuesday, November 21, 2017, at 6 p.m., there will be a celebration recognizing outgoing councilmembers. On Tuesday, December 12, 2017, at 6 p.m., there will be a celebration recognizing retiring Mayor Cooke. There will also be a ticketed evening celebration for Mayor Cooke to be held on Thursday, December 14th at the accesso ShoWare Center. Derek indicated there is no executive session tonight. Economic and Community Development – Council President Boyce advised the report is in the minutes. Page 11 of 12 Kent City Council Regular Meeting October 17, 2017 Minutes Kent, Washington Pending Approval Operations – Councilmember Ralph indicated the committee recommended accepting a grant from the Port of Seattle to be used to fund outreach from the Aerospace Joint Appreticeshi8p Committee that will be housed in Kent. The committee also discussed the square footage B&O Tax. Parks and Human Services – Councilmember Fincher advised of the special parks meeting on Thursday at 4:30 p.m. Councilmember Fincher conveyed the Green Steward Events will be over the next three weekends from 9 a.m. - noon. Visit KentWA.gov for more information. Public Safety – Councilmember Berrios indicated his report is in the minutes. Public Works – Councilmember Higgins advised his report is in the minutes. Councilmember Higgins provided a general update on the work at the bottom of James Street. Puget Sound Regional Fire Authority – Councilmember Thomas indicated the next meeting will be held October 18, 2017, at 5:30 p.m. at Station 78 that is located in Covington. Lucas Akiyama and Chiyo Miyabe provided comments on their observations of tonight’s council meeting. 12. Adjournment At 9:32 p.m., Mayor Cooke adjourned the meeting. Kimberley A. Komoto City Clerk October 17, 2017 Page 12 of 12 Kent City Council Special Workshop October 19, 2017 Minutes Kent, Washington Pending Approval Date: October 19, 2017 Time: 5 p.m. Place: Council Chambers East/West Attending: Bill Boyce, Council President Tina Budell, Councilmember Jim Berrios, Councilmember Brenda Fincher, Councilmember Dennis Higgins, Councilmember Dana Ralph, Councilmember Les Thomas, Councilmember Council President Boyce opened the meeting at 5:00 p.m. Agenda: YMCA / Morrill Meadows Park Project Update Julie Parascondola, Parks, Recreation, and Community Services Director, gave a presentation on the Morrill Meadows and YMCA Project. An Overview/History was reviewed that included entering into a MOU with YMCA in October, 2015, joint design and construction planning, periodic updates to the Council, Morrill Meadows property surplus consideration approved on June 6, 2017, SEPA determination of Non-Significance on August 18, 2017, and property surplus approved by the Council on October 17, 2017. Julie detailed the Restrictive Covenants: Recreation and Conservation Office and King County 1989 Open Space Bonds. Conversion Considerations are currently under review. Details of the park design were presented that include: a new dog park, new multi- use sports court, new amphitheater, new open plan space, front porch/plan area, parking lot, frontage improvements, grading, drainage, and landscaping. Phase II will include play equipment and trails. Hope Gibson, Parks Planning and Development Manager, provided clarification on issues raised by the Council regarding the parking lot and dog park. Julie provided information regarding the YMCA’s proposed 50,000 square foot facility and their plan to obtain LEED Certification. Julie reviewed the construction challenges with regards to leveraging partnerships and the recommended construction approach that includes utilizing one contractor to complete improvements for the park, facility and required frontage Page 1 of 3 Kent City Council Special Workshop October 19, 2017 Minutes Kent, Washington Pending Approval improvements, and utilizing a lease/leaseback structure with the YMCA assuming control and responsibility as the exclusive contractor. Julie indicated the lease/leaseback structure will require a Ground Lease, Project Lease, Purchase and Sale Agreement of YMCA facility footprint, Project Development Agreement, and a Long Term Operating Agreement. The total project budget is $33,680,000. The YMCA’s responsibility is $23,680,000 and the City would be responsible for $10m. Julie detailed the funding sources, pending final budget approval. Julie provided details on the New Market Tax Credits (NMTC) that help stimulate investment and economic growth and attracts capital to lower income communities by private investors with a federal tax credit for investments. If the YMCA is successful in attracting NMTC investment for the total cost of the project, it will bring in funding that will proportionately reduce the amount that both partners need to contribute to the public-private partnership. Julie detailed the next steps that include: • City Council actions to approve the project budget by year end 2017 • Approve the lease/leaseback agreements by year end 2017 • Approve long-term operating agreement by first quarter 2018 • Approve conversion property purchases by the first quarter of 2018 Staff will need to work through: • Project management • Prepare five development and lease/leaseback agreements • Continue joint design and construction • Finalize conversion properties. The project timeline includes: • Publish request for project bids by November 10 & 17 • Development and Lease/Leaseback Agreements to Operations on December 5, and then onto the City Council on December 12. • Finalize land purchase for conversion in January/February 2018 • New Market Tax Credit allocation, if any, included in project budget by March 2018 • Break ground and begin construction in May, 2018 Julie and Hope responded to questions from the council and provided further clarification regarding the project construction. Page 2 of 3 Kent City Council Special Workshop October 19, 2017 Minutes Kent, Washington Pending Approval The Council requested additional information regarding scholarships and consideration to school swim teams. Tom Brubaker, City Attorney, provided clarification regarding challenges and what the law allows, including: • Creating a lot for the YMCA Building • Selling the lot to the YMCA • The remainder of the site will be leased by the City to the YMCA for a 20-year term • The YMCA will construct the entire project • When the YMCA completes the improvements, they will lease it back to the City. • An early buy-out option will be available The YMCA will be solely responsible for cost overruns, in addition to taking on all liability. Derek Matheson, Chief Administrative Officer, provided clarification that this workshop is intended to advise the council on the process and obtain confirmation that they are comfortable with that process. Councilmember Budell requested an extensive communications plan be utilized during the entire construction process. The meeting concluded at 6:09 p.m. Kimberley A. Komoto City Clerk October 17, 2017 Page 3 of 3 This page intentionally left blank. Agenda Item: Consent Calendar – 7B_ 7B. Approval of Bills: Approval of payment of the bills received through September 30, 2017, and paid on September 30, 2017. The Operations Committee audited the payment of bills on October 17, 2017. Approval of checks issued for vouchers: Date Check Numbers Amount 09/30/17 Wire Transfers 7250-7265 $2,433,225.34 09/30/17 Regular Checks 717788- 718199 $4,956,072.28 09/30/17 Payment Plus $186,901.03 Void Checks ($121,877.80) 09/30/17 Use Tax Payable $1,649.97 $7,455,970.82 Approval of checks issued for payroll for September 16 through September 30 and paid on October 5, 2017: Date Check Numbers Amount 10/5/2017 Checks 0 Voids and Reissues 10/5/2017 Advices 395381-396268 $1,594,896.91 $1,594,896.91 This page intentionally left blank. Agenda Item: Consent Calendar – 7C_ TO: City Council DATE: November 7, 2017 SUBJECT: Appointment to Kent Human Services Commission – Confirm SUMMARY: Rickie Robinson has lived in Kent for 23 years and currently resides in the Park Orchard neighborhood. Rickie recently retired from the King County Housing Authority following 30 plus years as a professional Human and Community Services administrator. Rickie served on Kent’s Financial Sustainability Task Force (2015- 2016) and on the South King Council of Human Services (2007-2017). Rickie believes it is an exciting time to live in Kent and he would relish the opportunity to be a participant in helping shape the vision for what kind of community Kent will become in the future. I am pleased to recommend Rickie Robinson for appointment to the Kent Human Services Commission. RECOMMENDED BY: Mayor Cooke BUDGET IMPACT: None MOTION: Confirm the Mayor’s appointment of Rickie Robinson to the Kent Human Services Commission filling a vacancy through the remainder of a three-year term that will expire December 31, 2019. This page intentionally left blank. Agenda Item: Consent Calendar – 7D_ TO: City Council DATE: November 7, 2017 SUBJECT: Appoint Martha Cunningham to the Kent Arts Commission – Confirm SUMMARY: Martha Cunningham is a Scenic Hill resident and is an artist who attends many art and cultural events in the region. Having lived in other states and in Western Washington where arts was a highly-valued community interest, Martha would like to help make arts a higher priority in Kent. Kent being such a diverse community and culturally rich, creates more opportunity for cultural expression and sharing cultural art is a great way of bringing people together. Martha has served as an art docent for the Brandywine Museum in Pennsylvania and is currently tutoring refugee high school students from Burma that are attending Kent Meridian High School. She has been a court appointed special advocate in the past, is a trained community emergency response team member, and holds certificates in teaching, paralegal, and editor. I am pleased to recommend Martha Cunningham for appointment to the Kent Arts Commission. RECOMMENDED BY: Mayor Cooke BUDGET IMPACTS: None MOTION: Confirm the Mayor’s appointment of Martha Cunningham to the Kent Arts Commission for a four-year term that will expire on October 31, 2021. This page intentionally left blank. Agenda Item: Consent Calendar – 7E_ TO: City Council DATE: November 7, 2017 SUBJECT: Infrastructure for Rebuilding America (INFRA) Grant - Letter of Support to Washington State Department of Transportation – Authorize SUMMARY: In 2015, the Washington State Legislature approved the Connecting Washington Legislation including the SR167 and SR509 Gateway projects. This legislation identified a budget of $1.87 billion to construct both projects, though some funding is still needed. The US Department of Transportation has issued a call for projects to apply for the Infrastructure For Rebuilding America (INFRA) grants to help fund critical freight and highway project across the country. INFRA has replaced the FASTLANE grants under the current administration. The Gateway projects qualify for this grant. WSDOT will be applying for a grant in the $100 million range in November. Support from stakeholders is beneficial to the grant application. EXHIBITS: Draft letter of support RECOMMENDED BY: Public Works Committee YEA: Fincher, Higgins, Ralph NAY: BUDGET IMPACTS: N/A MOTION: Authorize Council President Boyce to sign a letter of support for the Washington State Department of Transportation’s Puget Sound Gateway Program application for the federal Infrastructure for Rebuilding America grant. This page intentionally left blank. CITY COUNCIL Bill Boyce, President 220 4th Avenue South Kent, WA 98032 Fax: 253-856-6712 PHONE: 253-856-5712 October 17, 2017 The Honorable Elaine L. Chao, Secretary U.S. Department of Transportation 1200 New Jersey Ave, SE Washington, DC 20590 RE: Letter of Support for the WSDOT INFRA Grant Application Dear Secretary Chao: I am writing to express my support for the Washington State Department of Transportation's (WSDOT) 2017 INFRA grant application for the Puget Sound Gateway Program. The Puget Sound Gateway Program completes the long-planned State Route 167 and 509 corridors, two critical connections on the nation’s freight transportation system serving a major North American gateway for international trade. The new portions of SR 509 and SR 167 will reduce congestion, increase mobility between manufacturing/industrial centers, and allow for faster and more efficient freight movement to and from the ports of Seattle and Tacoma. The extension of SR 509 will also help create a new southern access to the Seattle-Tacoma (Sea- Tac) International Airport for both passenger and air cargo. Puget Sound’s economy is critically dependent on the efficient movement of freight on its roadways. Operating jointly as the Northwest Seaport Alliance, the ports of Seattle and Tacoma are the fourth largest container gateway in North America, responsible for 48,000 jobs and more than $4 billion in economic activity. The nearby cities of Kent, Sumner and Puyallup are home to the second-largest distribution center complexes on the West Coast and the fourth- largest in the country. Sea-Tac International Airport is the fastest growing airport in the United States and the third largest airport for international trade on the West Coast, exporting 62,375 Metric Tons of US-made cargo a year. Kent has been preparing for the Gateway projects by securing over $80 million through local investments and grants for the construction of the corridor that will link the 509 project to the manufacturing and warehousing district in the Kent Valley. The last phase of this project began in the summer of 2016. Completing the 509 and 167 projects is essential for our region, state and nation to remain competitive with other nations on the Pacific Rim. Sincerely, Bill Boyce, Council President This page intentionally left blank. Agenda Item: Consent Calendar – 7F_ TO: City Council DATE: November 7, 2017 SUBJECT: Quiet Zone Union Pacific Railroad Agreement - Authorize SUMMARY: Establishment of a Quiet Zone on the Union Pacific Railroad tracks requires channelization work to be completed by the City on streets approaching the tracks. Union Pacific must make improvements to its signal equipment including the installation of a new railroad signal cabinet with constant warning detection and new cables to all signals. Constant warning detection adjusts crossing signals to the speed of the oncoming train to give the same amount of warning at crossings regardless of whether or not the train is moving slowly or very rapidly. Only the Union Pacific Railroad is able to complete the signalization work within the railroad right-of-way. The Union Pacific Railroad agreements will require the local jurisdictions to reimburse 100% of actual costs. The amount of the agreement is an estimate and the City will be responsible if any costs exceed the estimate. EXHIBITS: Authorization for Crossing Improvements – Union Pacific Railroad RECOMMENDED BY: Public Works Committee YEA: Fincher, Higgins, Ralph NAY: Budget Impact: The authorized budget for the Quiet Zone currently is $450,000 of which approximately $100,000 has been spent on the consultant and in-house engineering work to date. An additional $300,000 is included in the 2018 budget. The approximate $280,000 can be accomplished within this current budget balance. MOTION: Authorize the Mayor to sign the Authorization for Crossing Improvements Agreement with the Union Pacific Railroad, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. This page intentionally left blank. AUTHORIZATION FOR CROSSING IMPROVEMENTS THIS AUTHORIZATION FOR CROSSING IMPROVEMENTS ("Agreement") is made and entered into as of _______ day of ____________________, _______ ("Effective Date"), by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"), and CITY OF KENT a municipal corporation or political subdivision of the State of Washington ("Licensee"). RECITALS In accordance with the terms and conditions of this Agreement, Licensee and Railroad desire to improve the existing, at-grade crossing area ("Project") along, over and across Railroad's track and right of way, as such crossing area is more particularly described on Exhibit A attached hereto and made a part hereof ("Crossing Area"). AGREEMENT NOW THEREFORE, the parties hereto agree as follows: 1. Railroad agrees to perform the Project work described on Exhibit B attached hereto the ("Railroad Work"). Railroad's estimated cost for the Railroad Work is included on Exhibit C attached hereto ("Estimate") and may include without limitation costs of engineering review, construction, inspection, flagging, procurement and delivery of materials, equipment rental, manpower and all direct and indirect overhead labor/construction costs, including Railroad's standard additive rates. Such standard additive rates may be subject to upward or downward adjustment based on industry standards and practices, and the parties acknowledge and agree that any such adjustment to standard additive rates may be made retroactively. 2. Licensee has appropriated sufficient funds to complete the Project and shall reimburse Railroad for costs incurred by Railroad in connection with the Railroad Work in accordance with Exhibit D attached hereto. 3. If Licensee will be performing any Project work, such work is described on Exhibit B attached hereto ("Licensee Work"). Licensee shall perform the Licensee Work, if any, at its sole cost, and Railroad consents to Licensee (or any contractor or other agent hired by Licensee) performing the Licensee Work within the Crossing Area, subject to complying with the terms and conditions of this Agreement. Railroad's consent shall not be deemed to grant Licensee (or any contractor or other agent hired by Licensee) any property interest in the Crossing Area or other Railroad property. 4. If Licensee hires a contractor or other agent to perform the Licensee Work, Licensee shall require such contractor or agent to execute Railroad's then current form of Contractor's Right of Entry Agreement and to comply with the requirements set forth in therein. 5. No work of any kind shall be performed, and no person, equipment, machinery, tools, materials, vehicles or other items shall be located, operated, placed or stored within twenty-five (25) feet of any track at any time for any reason except as otherwise provided herein. Prior to commencing the Licensee Work, and if the performance of any Licensee Work requires any person or equipment to be within twenty-five (25) feet of any track, Licensee shall provide Railroad at least thirty (30) working days advance notice of the performance of such 2 proposed work, and upon Railroad's receipt of such notice, Railroad will determine and inform Licensee whether a flagman need to be present or whether Licensee needs to implement any special protective or safety measures. Subject to Exhibit D, in the event that flagging or other special protection or safety measures are required to be performed in connection with the Railroad Work specifically or the Project generally, and regardless if the costs for such measures are included in the Estimate, Licensee shall be responsible for all such costs incurred in connection therewith. 6. Prior to commencing any Licensee Work, Licensee shall telephone (or shall cause its contractor or agent to telephone) Railroad during normal business hours (7:00 a.m. to 9:00 p.m., Central time, Monday through Friday, except holidays) at 1-800-336-9193 to determine if fiber optic cable is buried anywhere on Railroad's property to be used in connection with the Licensee Work. If fiber optic cable is present, Licensee, at its sole cost, will coordinate (or will cause its contractor or agent to coordinate) with the applicable telecommunications companies for the relocation or other protection of the fiber optic cable prior to beginning any Licensee Work. 7. Licensee, for itself and for its successors and assigns, hereby waives any right of assessment against Railroad, as an adjacent property owner, for any and all improvements made under this Agreement. 8. Neither party shall assign this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayed. 9. This Agreement sets forth the entire agreement between the parties regarding the Project and the installation and maintenance of the Project improvements within the Crossing Area. To the extent that any terms or provisions of this Agreement regarding the installation and maintenance of such Project improvements are inconsistent with the terms or provisions set forth in any existing agreement affecting the Crossing Area, such terms and provisions shall be deemed superseded by this Agreement to the extent of such inconsistency. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the Effective Date. CITY OF KENT UNION PACIFIC RAILROAD COMPANY, a Delaware Corporation Signature Kevin Hicks, AVP Engineering Printed Name Title EXHIBIT A Description of Crossing Location Street West Meeker Street DOT # 396580M Subdivision Seattle Sub Milepost 166.88 City City of Kent State WA County King County EXHIBIT B Scope of Work Railroad Work: Remove old signal cabin. Replace with 6x6 cabin with constant warning. Bore new cable to all signals. For projects involving signal work, see diagram included in this Exhibit B. Licensee Work: No work to be performed by Licensee. EXHIBIT C Estimate Cover Page (see attached) Material And Force Account Estimate City of Kent Estimate Creation Date: 07/10/2017 Number: 112704 Version: 1 Standard Rates: 190.39% Estimate Good Until 04/10/18 Location: SEATTLE SUB, SIMN, 146.66-172.85 Buy America: No Description of Work: KENT, WA WEST MEEKER ST MP 166.88 SEATTLE SUBDIVISION DOT#396580M WO#37051 PID#100840 100% RECOLLECTABLE COMMENTS Description QTY UOM Unit LABOR MATERIAL TOTAL UP 00%Agncy 100% Cost SIGNAL gates and cants to remain Xing - Location Removal (Gate s) 1 LS 2,000.00 2,000 0 2,000 0 2,000 gate and cants existing, new gate mechs, new cable to all Xing - 1 Trk CWE w/Gates 1 EA 131,584.00 41,200 90,384 131,584 0 131,584 RIO Xing - Track Card (Main and S tand-by) New Cable 1 EA 12,889.00 6,000 6,889 12,889 0 12,889 Xing - AC/DC Island Only 1 LS 6,007.00 0 6,007 6,007 0 6,007 Xing - Fill/Rock/Gravel 1 LS 4,000.00 0 4,000 4,000 0 4,000 Xing - Boring 1 LS 10,000.00 0 10,000 10,000 0 10,000 Xing - Labor Additive 1 LS 106,468.00 106,468 0 106,468 0 106,468 Xing - Engineering Design 1 LS 6,721.00 6,721 0 6,721 0 6,721 Sub-Total = 162,389 117,280 279,669 0 279,669 Totals = 162,389 117,280 279,669 0 279,669 Grand Total = $279,669 Please Note: The above figures are estimates only and are subject to fluctuation. 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C A B L E T O 7 C # 1 4 N 6 6 6 6 - 6 6 8 8 D A X 6 7 2 5 - 6 6 8 8 D A X N 6 7 2 5 - 6 6 8 8 D A X N 6 6 6 6 - 6 7 0 0 D A X 6 6 6 6 - 6 7 0 0 D A X 3 2 3 8 0 3 3 3 8 0 6 7 2 5 - 6 6 6 6 P R E N 6 7 2 5 - 6 6 6 6 P R E T O M . P . 1 6 7 . 0 0 U . G . C A B L E T O 7 C # 1 4 C A B L E T A B U L A T I O N C A B L E N O . 1 0 7 C # 1 4 U . G . B . T . H O U S E T O M . P . 1 6 7 . 0 0 C A B L E N O . 1 1 7 C # 1 4 U . G . B . T . H O U S E T O M . P . 1 6 6 . 6 6 ( 1 1 ) ( 1 1 ) ( 1 1 ) ( 1 1 ) ( 1 1 ) ( 1 1 ) ( 1 0 ) ( 1 0 ) ( 1 0 ) ( 1 0 ) D a t e : D e s : C h k : A F E : S h . : D O T M P : I D : 0 3 / 1 4 / 1 7 X R L T L C 3 7 0 5 1 1 A 3 9 6 5 8 0 M 1 6 6 . 8 8 K E N T , W A S H I N G T O N W E S T M E E K E R S T R E E T S E A T T L E S U B D I V I S I O N O m a h a , N e b r a s k a O f f i c e o f A V P E n g i n e e r i n g - S i g n a l U N I O N P A C I F I C R A I L R O A D 5 0 7 4 1 6 6 8 8 . 1 A X N E W S H E E T D e s i g n e d : R e c # : W O # : I S : // / / 0 3 / 1 4 / 1 7 I N S T A L L C W T . W E S T M E E K E R S T R E E T M . P . 1 6 6 . 8 8 3 7 0 5 1 T L C J T B X R L N E W S H E E T D e s i g n e d : R e c # : W O # : I S : // / / 0 3 / 1 4 / 1 7 I N S T A L L C W T . W E S T M E E K E R S T R E E T M . P . 1 6 6 . 8 8 3 7 0 5 1 T L C J T B X R L EXHIBIT D Reimbursement Method Licensee agrees to reimburse Railroad for one hundred percent (100%) of actual costs incurred by Railroad in connection with the Railroad Work. During the performance of the Railroad Work, Railroad will provide progressive billing to Licensee based on Railroad’s actual costs. Within one hundred twenty (120) days after completion of the Project, Railroad will submit a final billing to Licensee for any balance owed Railroad in connection with the Railroad Work. Licensee shall pay Railroad within thirty (30) days after Licensee's receipt of any progressive and final bills submitted by Railroad. This page intentionally left blank. Agenda Item: Consent Calendar – 7G_ TO: City Council DATE: November 7, 2017 SUBJECT: South King County Area Transportation Board Agreement - Authorize SUMMARY: The City of Kent is a member of the South King County Area Transportation Board (SKCATBd) which was developed to share information, build consensus, and provide advice on plans, programs, policies and priorities for countywide, regional, state and federal transportation decisions. The attached agreement identifies members and voting rights, representatives, operating procedures, the lead agency, financing and cost sharing. The City is a full voting member. The current agreement expires at the end of December 2017. With council approval, the new agreement would be in place through December 2021. EXHIBITS: South King County Area Transportation Board Agreement RECOMMENDED BY: Public Works Committee YEA: Fincher, Higgins, Ralph NAY: N/A BUDGET IMPACTS: $100 annual membership, to be paid for with Street funds. MOTION: Authorize the Mayor to sign the South King County Area Transportation Board Agreement subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. 1 South County Area Transportation Board Agreement Parties to Agreement City of Algona City of Auburn City of Black Diamond City of Burien City of Covington City of Des Moines City of Enumclaw City of Federal Way City of Kent City of Maple Valley City of Milton City of Normandy Park City of Pacific City of Renton City of SeaTac City of Tukwila Muckleshoot Indian Tribe King County Transmitted to parties for approval and signature on____________. THIS AGREEMENT is made and entered into by and among the CITY OF ALGONA, hereafter called “Algona”; the CITY OF AUBURN, hereafter called “Auburn”; the CITY OF BLACK DIAMOND, hereafter called “Black Diamond”; the CITY OF BURIEN, hereafter called “Burien”; the CITY OF COVINGTON, hereafter called “Covington”; the CITY OF DES MOINES, hereafter called “Des Moines”; the CITY OF ENUMCLAW, hereafter called “Enumclaw”; the CITY OF FEDERAL WAY, hereafter called “Federal Way”; the CITY OF KENT, hereafter called “Kent”; the CITY OF MAPLE VALLEY, hereafter called “Maple Valley”; the CITY OF MILTON, hereafter called “Milton”; the CITY OF NORMANDY PARK, hereafter called “Normandy Park”; the CITY OF PACIFIC, hereafter called “Pacific”; the CITY OF RENTON, hereafter called “Renton”; the CITY OF SEATAC, hereafter called “SeaTac”; the CITY OF TUKWILA, hereafter called “Tukwila”; the MUCKLESHOOT INDIAN TRIBE; and KING COUNTY, a legal subdivision of the State of Washington, hereafter called “King County” as members of the South County Area Transportation Board. WHEREAS, the parties to this agreement recognize that multi-jurisdictional transportation planning and coordinated transportation plans benefit their citizens; and WHEREAS, the South County Area Transportation Board has served as the central forum for information sharing, consensus building, and coordination to develop recommendations for transportation policies, projects and programs for the south King County area; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 2 1.0 Purpose of this Agreement The purpose of this Agreement is to recognize the South County Area Transportation Board as the transportation board for the south King County area to share information, build consensus, and provide advice on plans, programs, policies and priorities for countywide, regional, state and federal transportation decisions. 2.0 Members and Voting Members shall have full voting rights, limited voting rights or shall be non-voting members, as follows: 2.1 Members with Full Voting Rights: Only jurisdictions which are signatories to this agreement shall have full voting rights on all of the following issues before the South County Area Transportation Board, unless otherwise noted, including: 1. Administrative issues, such additional members and use of dues 2. Recommendations to Sound Transit on policies and capital and service plans and implementation. 3. Recommendations to King County on Metro Transit planning, development and implementation of products and services. 4. Identification of projects for the regional competition, if prescribed by the process approved by the King County caucus of the Transportation Policy Board. 5. Recommendations to WSDOT on policies, programs and projects. 6. Recommendations to the PSRC on plans, policies, programs and projects such as Transportation 2040 updates and regional funding policies, strategies or programs. 7. Input to the State Legislature and committees and commissions established by the Legislature on transportation policy, budget and priorities and legislative proposals and studies. 8. Recommendations to the federal delegation on federal legislation including reauthorization and funding priorities and other transportation-related programs. 2.2 Members with Limited Voting Rights: The South County Area Transportation Board may add members with limited voting rights on the issues such as those listed below by unanimous vote of the parties to this agreement in attendance at a regular meeting. 1. Recommendations to WSDOT on policies, programs and projects. 2. Recommendations to the PSRC on plans, policies, programs and projects such as Transportation 2040 updates and regional funding policies, strategies or programs. 3. Input to the State Legislature and committees and commissions established by the Legislature on transportation policy, budget and priorities and legislative proposals and studies. 4. Recommendations to the federal delegation on federal legislation including reauthorization and funding priorities and other transportation-related programs. 2.2(a) Such members and voting rights, if any, shall be listed in operating procedures to be adopted by the South County Area Transportation Board. 2.3 Non-Voting Members: The South County Area Transportation Board may add non-voting members by unanimous vote of the parties to this agreement in attendance at a regular meeting. The South County Area Transportation Board may remove non-voting members by a unanimous vote of the parties to the agreement at a regular meeting. 2.3(a) Such members shall be included in operating procedures to be adopted by the South County Area Transportation Board. 3 3.0 Representation and Conduct 3.1 Representation of city and county members shall be as follows: Full Voting Members Number of Representatives City of Algona 1 City of Auburn 1 City of Black Diamond 1 City of Burien 1 City of Covington 1 City of Des Moines 1 City of Enumclaw 1 City of Federal Way 1 City of Kent 1 City of Maple Valley 1 City of Milton 1 City of Normandy Park 1 City of Pacific 1 City of Renton 1 City of SeaTac 1 City of Tukwila 1 Muckleshoot Indian Tribe 1 King County 3 3.2 Elected officials shall be appointed to the South County Area Transportation Board by their cities and counties for a one-year term. King County representation shall be a maximum of two Councilmembers and the King County Executive. 3.3 Each city or county participating member may appoint an alternate for a one-year term. Designated alternates may vote in place of designated voting representatives in the absence of the designated representative. 4.0 Operating Procedures 4.1 The South County Area Transportation Board shall adopt operating procedures to specify limited voting members and non-voting members, if any, dues for limited and non-voting members, if any, and operational issues such as election of officers, formation of subcommittees and rules of order. A chair and vice-chair shall be elected per the operating procedures and shall be responsible for setting meeting agenda, running meetings and any other activities identified in the operating procedures. 5.0 Lead Agency 5.1 King County will be the Lead Agency for receipt and disbursement of funds collected through annual dues, and general administrative and program support for the South County Area Transportation Board. King County assumes wage and benefit costs of its staff performing Lead Agency responsibilities to the extent that King County appropriates such funds. The Lead Agency, in its sole discretion, shall determine the level of staffing available based upon funding. 5.2 Lead Agency responsibilities may be limited to: maintaining the South County Area Transportation Board membership rosters and distribution lists; arranging for Board meetings, including scheduling, agendas and rooms; collecting, administering and disbursing Board dues; providing Board meeting support to the chair and vice chair; attending Board meetings; and preparing Board meeting summaries. 4 6.0 Financing and Cost Sharing Guidelines 6.1 Yearly Dues: The South County Area Transportation Board members shall pay a minimum of $100.00 per full voting representatives in annual dues to remain members in good standing. The Lead Agency will bill annually at the end of each year, and dues are to be paid within ninety days after receipt of the invoice. Members not in good standing shall lose voting rights until the required dues are paid. Additional dues above $100.00, and any dues required by limited or non-voting members, will be determined by the South County Area Transportation Board as prescribed in the operating procedures. Revenue from dues shall be used for special events, public education, or other expenses authorized by the South County Area Transportation Board. The designated Lead Agency shall not be required to pay yearly dues. 6.2 Annual Review of Financing: The South County Area Transportation Board shall determine by June 30 of each year whether additional annual dues above $100.00 per voting representatives will be required of the South County Area Transportation Board member jurisdictions for the following year. 6.3 Additional financial contributions: If additional financial contributions beyond an increase in dues are determined to be necessary, costs shall be shared among all voting members, with an option for King County to recuse itself from further financial obligations. Recused members may not vote on determining the additional financial contribution or uses for the additional funds. 6.4 Modification to Agreement Required: If additional funds are determined to be necessary, a modification to this agreement specifying cost-sharing, purpose, scope of work, administration, collection and disbursement of funds and other details is required in order to obligate a member jurisdiction to funding participation. 7.0 Withdrawal of a Party from this Agreement Each party, for its convenience and without cause or for any reason whatsoever, may withdraw from participation in this Agreement by providing written notice, sent certified mail, return receipt required, to the chair of the South County Area Transportation Board at least thirty (30) days in advance of the effective date of the withdrawal. A withdrawing party shall not be entitled to a refund of any payments to the South County Area Transportation Board and shall pay any dues required to be paid under this Agreement for costs which had been obligated prior to the effective date of the withdrawal. All obligations other than dues cease upon withdrawal. Each party’s funding to perform its obligations under the Agreement, beyond the current appropriation year, is conditional upon appropriation by the party’s governing body of sufficient funds. Should such an appropriation not be approved for a future year, a party may exercise its right to withdraw from the Agreement. 8.0 Duration This Agreement shall take effect upon being duly adopted by the governing bodies of all parties and executed by the authorized representatives of all parties. This Agreement shall remain in effect until December 31, 2019, provided that unless terminated earlier in accordance with Section 9.0, this Agreement shall be automatically extended upon the same terms or conditions for another term commencing January 1, 2020 and ending no later than December 31, 2021. 5 This Agreement shall take effect upon being duly adopted by the governing bodies of all parties and executed by the authorized representatives of all parties. This Agreement shall remain in effect until December 31, 2015, provided that unless terminated earlier in accordance with Section 9.0, this Agreement shall be automatically extended upon the same terms or conditions for another term commencing January 1, 2016 and ending no later than December 31, 2017. 9.0 Termination All parties to this Agreement must agree to terminate this Agreement in order for such termination to be effective. If all parties desire to terminate this Agreement, they shall execute a Statement of Termination. Upon termination, no party shall be required to make any additional contributions. Any remaining funds shall be refunded to the parties to this Agreement according to Section 11.0. 10.0 Real and Personal Property The acquisition of real property is not anticipated under this Agreement. Any personal property acquired pursuant to this Agreement shall be held by the Lead Agency. In the event this Agreement expires or is terminated in accordance with Section 8.0 or 9.0, any personal property other than cash shall remain with the Lead Agency. 11.0 Return of Funds At such time as this Agreement expires without being extended or revised, or is terminated in accordance with Section 9.0, any unexpended and uncommitted funds shall be distributed proportionately to those parties to this Agreement at the time of termination based on each party’s percentage share of the total balance at the time of termination. 12.0 Filing This Agreement shall be filed with the King County Department of Records and Elections. 13.0 Legal Relations 13.1 The parties shall comply with all applicable state and federal laws and regulations. 13.2 This Agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. No employees or agents of one party or any of its contractors or subcontractors shall be deemed, or represent themselves to be, employees of any other party. 13.3 Each party shall defend, indemnify and hold harmless the other party and all of its officials, employees, principals and agents from all claims, demands, suits, actions, and liability of any kind whatsoever which arise out of, are connected with, or are incident to any negligent acts of the first party, its contractor, and/or employees, agents, and representatives in performing the first party’s obligatio ns under this Agreement. The parties agree that their obligations under this paragraph extend to claims made against one party by the other party’s own employees. For this purpose, the parties, by mutual negotiation, hereby waive any immunity that, as respects the other party only, would otherwise be available against such claims under the industrial insurance provisions of RCW Title 51. In the event 6 either party incurs attorney’s fees, costs or other legal expenses to enforce the provisions of this section, against the other party, all such fees, costs and expenses shall be recoverable by the prevailing party. 13.4 The provisions of this Section shall survive and remain applicable to each of the parties notwithstanding any termination or expiration of this Agreement and notwithstanding a party’s withdrawal from this Agreement. 14.0 Entirety and Modifications 14.1 This Agreement merges and supersedes all prior negotiations, representations and agreements between the parties relating to the subject matter hereof and constitutes the entire agreement between the parties. 14.2 This Agreement may be modified or extended only by written instrument signed by all the parties hereto. 15.0 Counterparts The signature pages of this Agreement may be executed in any number of counterparts, each of which shall be an original. For purposes of this Agreement, a duly authorized electronic signature constitutes an original signature. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed and delivered by its duly authorized officer or representative as of the date set forth below its signature. City of Algona City of Auburn City of Black Diamond By:_______________ By:_______________ By:_____________________ Date: August 29, 2013 Date: August 5, 2013 Date: August 16, 2013 City of Burien City of Covington City of Des Moines By:_______________ By:_______________ By:________________ Date: October 9, 2013 Date: August 28,2013 Date: September 5, 2013 City of Federal Way City of Kent City of Maple Valley 7 By: see attached By:_______________ By:_________________ Date:______________ Date: September 3,2013 Date: September 3, 2013 City of Normandy Park City of Pacific City of Renton By:________________ By:_______________ By: see attached Date: September 10, 2013 Date: August 14, 2013 Date: ______________ City of SeaTac City of Tukwila Muckleshoot Indian Tribe By:_______________ By:________________ Date: August 27, 2013 Date: August 8, 2013 King County By:________________ Date: _______________ City of Algona City of Auburn City of Black Diamond By:_______________ By:_______________ By:_____________________ 8 Date: _______________ Date: Date:______________ City of Burien City of Covington City of Des Moines By:_______________ By:_______________ By:________________ Date:________ Date:_________ Date: ______________ City of Federal Way City of Kent City of Maple Valley By: By:_______________ By:_________________ Date:______________ Date:_____________ Date: _______________ City of Normandy Park City of Pacific City of Renton By:________________ By:_______________ By: Date:_______________ Date: _____________ Date: ______________ City of SeaTac City of Tukwila Muckleshoot Indian Tribe By:_______________ By:________________ By:________________ Date:______________ Date: ______________ Date: ______________ 9 King County City of Enumclaw City of Milton By:_______________ By:________________ By: Date:______________ Date: ______________ Date: This page intentionally left blank. Agenda Item: Consent Calendar – 7H_ TO: City Council DATE: November 7, 2017 SUBJECT: Briscoe Desimone Levee Improvements Reach 2 and 3 - Accept as Complete SUMMARY: This project consisted of the construction of a secondary levee floodwall landward of the Briscoe Levee adjacent to the Green River between South 188th Street and South 194th Street. The project also included excavation of 5,436 cubic yards of soil on the riverside of the levee to construct a vegetated bench, landscaping and asphalt pavement for levee trail and parking lot reconstruction and two cement retaining walls. The Briscoe-Desimone Levee is located along the east side of the Green River between South 180th Street and South 200th Street. The levee straddles the border between Kent and Tukwila providing flood protection for the Cities of Kent, Tukwila and Renton. Levee certification studies conducted in 2010 indicated that four areas of this levee require improvements to meet federal levee safety standards. Reaches 2 and 3 of this levee are located between South 189th Street and South 194th Street. In 2011, the City and the King County Flood Control District (KCFCD), were successful in obtaining a $7 million grant from the Washington State Legislature to fund reconstruction of the Briscoe-Desimone Levee. In June 2013 the City entered into an Interlocal Agreement with the KCFCD which allocated an additional $11 million of District funds and assigned responsibility for design and construction of the project to the City of Kent. The original contract amount was $6,709,555.56. The final contract amount came in at $6,865,122.83. EXHIBITS: None RECOMMENDED BY: Public Works Director BUDGET IMPACTS: This contract will be funded out of the $18 million which was allocated to the Briscoe-Desimone Levee project through an Interlocal Agreement with the King County Flood Control District. MOTION: Authorize the Mayor to accept the Briscoe Desimone Levee Improvements Reach 2 and 3 project as complete and release retainage to Tapani, Inc., upon receipt of standard releases from the state and the release of any liens. This page intentionally left blank. Agenda Item: Consent Calendar – 7I_ TO: City Council DATE: November 7, 2017 SUBJECT: Port of Seattle Partnership and Aerospace Joint Apprenticeship Committee Consultant Services Agreements – Authorize SUMMARY: The Port Commission of the Port of Seattle established the Economic Development Partnership Program (the “Program”), to advance the Port’s Century Agenda, promote a dramatic growth agenda, support the creation of middle class jobs and help address the lack of economic development funding for local projects. Through an application process, the City received a $65,000 grant from the Port to establish, in partnership with the Aerospace Joint Apprenticeship Committee (AJAC), a Manufacturing Resource Center (MRC) in Kent to prepare low income residents for careers in advanced manufacturing. AJAC will: a. Implement a one stop center for manufacturing job seekers and employers in the Kent Industrial Valley region; b. Create coordinated intake, screening and referral; c. Provide tution free training; d. Engage employers; and e. Establish a suite of services for logistics EXHIBITS: Economic Development Partnership Agreement and Aerospace Joint Apprenticeship Committee Consultant Services Agreement RECOMMENDED BY: Operations Committee YEA: Ralph, Boyce, Thomas NAY: N/A BUDGET IMPACTS: The grant requires a 50% match which is provided by Economic and Community Development. MOTION: Authorize the Mayor to enter into a Partnership Agreement with the Port of Seattle and a Consultant Services Agreement with the Aerospace Joint Apprenticeship Committee to support establishment of a manufacturing resource center, subject to final terms and conditions acceptable to the City Attorney and Economic and Community Development Director. This page intentionally left blank. Contract S-00319168 Economic Development Partnership Agreement Between the Port of Seattle and the City of Kent Page 1 of 9 ECONOMIC DEVELOPMENT PARTNERSHIP AGREEMENT BETWEEN THE PORT OF SEATTLE AND THE CITY OF KENT This Economic Development Partnership Agreement (the “Agreement”) is made and entered into as of November _______, 2017, by and between the Port of Seattle (the “Port”) and the City of Kent (“City”), both municipal corporations of the State of Washington (each, a “Party” or, collectively, the “Parties”). R E C I T A L S WHEREAS, engaging in the promotion of economic development is a recognized Port purpose authorized under RCW 53.08.245; and WHEREAS, RCW 35.21.703 similarly authorizes cities to engage in economic development programs; and WHEREAS, RCW 53.08.240(2) permits the Port to contract with another municipality to perform such undertakings each is authorized to perform; and WHEREAS, the Port Commission of the Port of Seattle established the Economic Development Partnership Program (the “Program”), to advance the Port’s Century Agenda, promote a dramatic growth agenda, support the creation of middle class jobs and help address the lack of economic development funding for local projects; and WHEREAS, grant funding across the region is very limited for cities that want to pursue economic development projects or initiatives, and Washington State has not had an economic development grant program for over 20 years; and WHEREAS, the Program will provide 38 King County cities per capita funding to advance local economic development throughout the region, and requires a 50% local match by the cities that receive the grants; and WHEREAS, the Program will help the Port advance regional economic vitality through focused partnerships with King County cities; and This page intentionally left blank. CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and Aerospace Joint Apprenticeship Committee (AJAC) THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Aerospace Joint Apprenticeship Committee (AJAC) organized under the laws of the State of Washington, located and doing business at Kent,WA (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Aerospace Joint Apprenticeship Committee (AJAC) will establish a Manufacturing Resource Center (MRC) in Kent to prepare low income residents for careers in advanced manufacturing. AJAC will: a. Implement a one stop center for manufacturing job seekers and employers in the Kent Industrial Valley region; b. Create coordinated intake, screening and referral; c. Offer tuition free training; c. Engage employers; and d. Establish a suite of services for logistics Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by June 1, 2018. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $97,500, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit quarterly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) 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 Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant’s services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant’s services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. / / / / / / / / / / CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) / / K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Suzette Cooke Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Demetria "Lynn" Strickland Aerospace Joint Apprenticeship Committee (AJAC) 6770 East Marginal Way South Bldg A-106 Seattle, WA 98108 (206) 764-7940 (telephone) (206) 764-5329 (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Lori Guilfoyle City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5061 (telephone) (253) 856-6070 (facsimile) APPROVED AS TO FORM: Kent Law Department [In this field, you may enter the electronic filepath where the contract has been saved] EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ EXHIBIT A SCOPE OF WORK/SPECIFIC REQUIREMENTS 1. Scope of Work: The Aerospace Joint Apprenticeship Committee (AJAC) will accomplish the following: • Local Training Center: o Establish a Manufacturing Resource Center (MRC) in the City. o Design the MRC as a one stop center for manufacturing job seekers and employers in the Kent Industrial Valley region. o Provide relevant training for manufacturing jobs which will include but, not be limited to: pre-apprenticeship and apprenticeship training for entry level manufacturing workers. • Coordinated Intake, Screening and Referral: o Build a coordinated intake process for accommodating human services agency referrals, including assessment, screening, and placement into appropriate programming or jobs. o AJAC will partner with the “Good Jobs” collaborative and the City in reviewing the process begun by the refugee and immigrant community based organizations with Boeing Foundation and work to refine those developed processes final steps of candidate placement into on-the-job training. • Tuition Free Training: o Identify strategies for providing tuition free training through existing financial aid programs (BFET, TANF, Unemployed/Underemployed, WIOA, VA, etc.). Students could access free eligibility screening to pre-qualify for tuition free training. • Engage Employers: o Engage employers in the planning and design of training, as well as the screening and placement of participants. o Provide an opportunity for employer sponsored employment services directing local talent to high demand jobs efficiently and in high volume. • Establishing a Suite of Services for Logistics: o A logistics task force will be assembled to build an apprenticeship pathway for logistics occupations associated with advanced manufacturing and distribution/warehousing. o A DACUM (developing a curriculum process) will be conducted to determine industry relevant training outcomes and program design elements. o A curriculum will also be identified as well as one or more sponsoring apprenticeship committees. o The Logistic program services will focus on those skills and occupations unique to manufacturers and the obligations they receive from their clients in sectors like aerospace, food processing, or medical devices (quality assurance, supply chain management). 2. Metrics, Deliverables and Final Report: Goals: Strategies: Outcomes& Metrics Deliverable Better prepare low- income residents of Kent for careers in advanced manufacturing • Outreach • School District • Work source • CBOs • Public housing • Financial Aid Advising • Workshops • Short-term training • Apprenticeship • Knowledge gains • Credentialed completion • Job placement 200 students will receive advising services/training and will be better educated about manufacturing pathways and programs Establish a Kent- based educational facility for serving area manufacturers • Rent and outfit facility with equipment/offi ce fixtures (August, 2017) • Staff facility for intake and training • Participants of training at facility • Employers served by workforce development at facility Added training capacity for advanced manufacturing will be achieved for Kent Valley residents and employers Develop a strategy for taking in more Kent youth and preparing them for careers in manufacturing and logistics • Establish MOU with surrounding school districts and the Open Doors program • Host youth apprenticeship training • Knowledge gains • Credentialed completion • Job placement 20 youth apprentices will be served Create a program design and implementation protocol for an apprenticeship pathway in logistics • DACUM • Employer validation • Curriculum development • Strategic planning and program design • Curriculum developed • Program adopted and implemented All elements of logistics pathway will be established and ready for implementation in late 2018 or early 2019 – potentially serving hundreds of students each year The City may request periodic project updates from AJAC. 3. Definition and restatement of how funds are to be used. Category: Port of Seattle Funds: Matching Funds: Total Funds: AJAC Personnel $65,000.00 $32,500.00 $97,500.00 TOTAL FUNDS $65,000.00 $32,500.00 $97,500.00 4. Port Approval and Recognition: a. All projects must utilize and identify the Port and City of Kent as a partner or sponsor. Prior to implementation, Port requires a review of the proposed placement of the Port logo on advertising, promotion materials, booth displays, online, digital or printed materials. b. Prior to specific advertising execution or implementation, the Port will review and approve the advertising placement and schedule. 5. The Agreement and Final Report: 6. Miscellaneous: These funds cannot be used to underwrite general or capital expenses associated with an event or program already in progress. TASK DESCRIPTION SCHEDULE Task 3 Final Report and Accounting: 1. Provide a detailed report on the results of the project as outlined in the Scope of Work 2. Provide a detailed report on the Project Metrics as outlined above. 3. Provide copies of all printed promotional materials. 4. Provide links to any softcopy materials. 5. Provide a detailed accounting of the monies spent, including City’s 50% matching funds. No later than May 30, 2018 Contract S-00319168 Economic Development Partnership Agreement Between the Port of Seattle and the City of Kent Page 2 of 9 WHEREAS, the Program will make grants to cities that pursue programs and projects that stimulate business development, job creation and community revitalization, such as small business development, industry retention and expansion, and other economic development projects that support new investment and job creation; NOW, THEREFORE, the Parties agree as follows: 1. Purpose. The purpose of this Agreement is to establish a contractual arrangement under which the Port will pay the City Program funds in the amount set forth on Section 2 solely for the purpose of carrying out the local initiative described in Exhibit A, attached and incorporated hereto by this reference (the “Project”). This Agreement shall be interpreted in furtherance of this purpose. 2. Responsibilities of the Port. The Port shall contribute Sixty-Five Thousand and 00/100 Dollars ($65,000.00) (the “Grant Funds”) to assist the City in funding the Project. The Port shall disburse the Grant Funds to the City no later than thirty (30) days after receipt of a complete and correct invoice detailing those Project deliverables completed in accordance with Exhibit A. Subject to the requirements of this Section and of Section 18 (where applicable), the Port shall make the final payment of the Grant Funds to the City no later than July 1, 2018, or receipt of the final report, whichever occurs later. 3. Responsibilities of the City. 3.1 The City shall contribute local funds equivalent to at least fifty percent (50%) of the Grant Funds towards the Project. 3.2 The City may contract with local non-profits to complete the Project or elements of the Project; provided, that the Port shall not, under any circumstance, disburse the Grant Funds to any of the City’s contractors or subcontractors. 3.3 The City shall complete the Project by June 1, 2018. 4. Term. This Agreement shall be become effective as of the date first set forth above, and shall terminate on July 1, 2018, unless earlier terminated under another provision of this Agreement. 5. Termination for Convenience. Either party may terminate this Agreement at any time for any reason, by giving the other party thirty (30) days’ written notice. In the event the City has completed any portion of the Project by the time it receives the Port’s notice of termination, the Port shall Contract S-00319168 Economic Development Partnership Agreement Between the Port of Seattle and the City of Kent Page 3 of 9 pay the City the percentage of the Grant Funds attributable to the City’s completed portion of the Project. 6. Termination for Default. Except in the case of delay or failure resulting from circumstances beyond the control and without the fault or negligence of the City, the Port shall be entitled, by written or oral notice to the City, to terminate Agreement for breach of any of the terms and to have all other rights against the City by reason of the City’s breach as provided by law. 7. Waiver. Failure at any time of the Port to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of the Port to enforce such provision at any subsequent time. No term or condition of this Agreement shall be held to be waived, modified or deleted except by a written amendment signed by the Parties 8. Partial Invalidity. If any provision of this Agreement is or becomes void or unenforceable by force or operation of law, all other provisions hereof shall remain valid and enforceable. 9. Indemnification and Hold Harmless Agreement. The City shall defend, indemnify, and hold harmless the Port, its Commissioners, officers, employees, and agents (hereafter, collectively, the “Port”) from all liability, claims, damages, losses, and expenses (including, but not limited to attorneys’ and consultants’ fees and other expenses of litigation or arbitration) arising out of or related to the fulfillment of this Agreement; provided, however, if and to the extent that this Agreement is construed to be relative to the construction, alternation, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate, including moving or demolition in connection therewith, and therefore subject to Section 4.24.115 of the Revised Code of Washington, it is agreed that where such liability, claim, damage, loss or expense arises from the concurrent negligence of (i) the Port, and (ii) the City, its agents, or its employees, it is expressly agreed that the City’s obligations of indemnity under this paragraph shall be effective only to the extent of the City’s negligence. Such obligations shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any person or entity described in this paragraph. This paragraph shall not be construed so as to require the City to defend, indemnify, or hold harmless the Port from such claims, damages, losses or expenses caused by or resulting from the sole negligence of the Port. Contract S-00319168 Economic Development Partnership Agreement Between the Port of Seattle and the City of Kent Page 4 of 9 In any and all claims against the Port, by any employee of the City, its agent, anyone directly or indirectly employed by either of them, or anyone for whose acts any of them may be liable, the indemnification obligation of this paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation benefits payable by or for the City, or other person under applicable industrial insurance laws (including, but not limited to Title 51 of the Revised Code of Washington), it being clearly agreed and understood by the Parties hereto that the City expressly waives any immunity the City might have had under such laws. By executing this Agreement, the City acknowledges that the foregoing waiver has been mutually negotiated by the parties. The City shall pay all attorneys’ fees and expenses incurred by the Port in establishing and enforcing the Port’s right under this paragraph, whether or not suit was instituted. 10. Comply with All Laws. The City shall at all times comply with all federal, state and local laws, ordinances and regulations, including but not limited to all environmental laws, which in any manner apply to the performance of this Agreement. 11. Integration. This Agreement, together with the attached Exhibit A, constitutes the entire agreement between the Parties and unless modified in writing by an amendment executed by the Parties, shall be implemented only as described herein. 12. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Washington. Any action arising out of this Agreement shall be brought in King County. 13. No Employment Relationship Created. The Parties agree that nothing in this Agreement shall be construed to create an employment relationship between the City and the Port. 14. No Entity Created. The Parties agree that nothing in this Agreement shall be construed to create a joint entity between the City and the Port. 15. Notices. Notices to the Port shall be sent to the following address: Port of Seattle Economic Development Division P. O. Box 1209 Seattle, WA 98121 Contract S-00319168 Economic Development Partnership Agreement Between the Port of Seattle and the City of Kent Page 5 of 9 Notices to the City shall be sent to the following address: City of Kent Mayor’s Office 400 W. Gowe St. Kent, WA 98032-6019 16. Audits and Retention of Records. The City shall retain and make all books, records and documents (the “Records”) relating to the performance of this Agreement open to inspection or audit by representatives of the Port or Washington State during the term of this Agreement and for a period of not less than six (6) years after termination of the Agreement; provided, that if any litigation, claim or audit arising out of, in connection with or related to this Agreement is initiated, the City shall retain such Records until the later of (a) resolution or completion of litigation, claim or audit; or (b) six (6) years after the termination of this Agreement. 17. Amendment. This Agreement may only be amended by written agreement of the Parties. 18. Dispute Resolution. The Parties shall use their best, good faith efforts to cooperatively resolve disputes that arise in connection with this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this agreement as of the date first set forth above. PORT OF SEATTLE CITY OF KENT By: Tim Jayne By: Suzette Cooke Sr. Manager, Purchasing Mayor Signature Signature Dated Dated Contract S-00319168 Economic Development Partnership Agreement Between the Port of Seattle and the City of Kent Page 6 of 9 EXHIBIT A – PROJECT 1. Scope of Work: The City will in partnership with the Aerospace Joint Apprenticeship Committee (AJAC), accomplish the following: • Local Training Center: i. Establish a Manufacturing Resource Center (MRC) in the City. ii. Design the MRC as a one stop center for manufacturing job seekers and employers in the Kent Industrial Valley region. iii. Provide relevant training for manufacturing jobs which will include but, not be limited to: pre-apprenticeship and apprenticeship training for entry level manufacturing workers. • Coordinated Intake, Screening and Referral: i. Build a coordinated intake process for accommodating human services agency referrals, including assessment, screening, and placement into appropriate programming or jobs. ii. AJAC will partner with the “Good Jobs” collaborative and the City in reviewing the process begun by the refugee and immigrant community based organizations with Boeing Foundation and work to refine those developed processes final steps of candidate placement into on-the-job training. • Tuition Free Training: i. Identify strategies for providing tuition free training through existing financial aid programs (BFET, TANF, Unemployed/Underemployed, WIOA, VA, etc.). Students could access free eligibility screening to pre- qualify for tuition free training. • Engage Employers: i. Engage employers in the planning and design of training, as well as the screening and placement of participants. ii. Provide an opportunity for employer sponsored employment services directing local talent to high demand jobs efficiently and in high volume. • Establishing a Suite of Services for Logistics: i. A logistics task force will be assembled to build an apprenticeship pathway for logistics occupations associated with advanced manufacturing and distribution/warehousing. Contract S-00319168 Economic Development Partnership Agreement Between the Port of Seattle and the City of Kent Page 7 of 9 ii. A DACUM (developing a curriculum process) will be conducted to determine industry relevant training outcomes and program design elements. iii. A curriculum will also be identified as well as one or more sponsoring apprenticeship committees. The Logistic program services will focus on those skills and occupations unique to manufacturers and the obligations they receive from their clients in sectors like aerospace, food processing, or medical devices (quality assurance, supply chain management). 2. Metrics, Deliverables and Final Report: Goals: Strategies: Outcomes& Metrics Deliverable Better prepare low- income residents of Kent for careers in advanced manufacturing • Outreach • School District • Work source • CBOs • Public housing • Financial Aid Advising • Workshops • Short-term training • Apprenticeship • Knowledge gains • Credentialed completion • Job placement 200 students will receive advising services/training and will be better educated about manufacturing pathways and programs Establish a Kent- based educational facility for serving area manufacturers • Rent and outfit facility with equipment/offi ce fixtures (August, 2017) • Staff facility for intake and training • Participants of training at facility • Employers served by workforce development at facility Added training capacity for advanced manufacturing will be achieved for Kent Valley residents and employers Develop a strategy for taking in more Kent youth and preparing them for careers in manufacturing and logistics • Establish MOU with surrounding school districts and the Open Doors program • Host youth apprenticeship training • Knowledge gains • Credentialed completion • Job placement 20 youth apprentices will be served Create a program • DACUM • Curriculum All elements of Contract S-00319168 Economic Development Partnership Agreement Between the Port of Seattle and the City of Kent Page 8 of 9 design and implementation protocol for an apprenticeship pathway in logistics • Employer validation • Curriculum development • Strategic planning and program design developed • Program adopted and implemented logistics pathway will be established and ready for implementation in late 2018 or early 2019 – potentially serving hundreds of students each year The Port may request periodic project updates from the City. The City will submit a written report to the Port within 45 days of completion of the Scope of Work but no later than, June 1, 2018, a final report shall be submitted to the Port. 3. Definition and restatement of how funds are to be used. Category: Port of Seattle Funds: Matching Funds: Total Funds: AJAC Personnel $65,000.00 $32,500.00 $97,500.00 TOTAL FUNDS $65,000.00 $32,500.00 $97,500.00 Any funds obtained from the Port for the Economic Development Partnership Program are to be used specifically for projects that create jobs, foster business growth, and support the Port’s business interests. 4. Port Approval and Recognition: a. All projects must utilize and identify the Port as a partner or sponsor. Prior to implementation, Port requires a review of the proposed placement of the Port logo on advertising, promotion materials, booth displays, online, digital or printed materials. b. Prior to specific advertising execution or implementation, the Port will review and approve the advertising placement and schedule. Contract S-00319168 Economic Development Partnership Agreement Between the Port of Seattle and the City of Kent Page 9 of 9 5. The Agreement and Final Report: 6. Miscellaneous: No Port funds can be used to underwrite general or capital expenses associated with an event or program already in progress. End of Exhibit A - Project TASK DESCRIPTION SCHEDULE Task 1 Execute Contract No later than November 10, 2017 Task 2 Execution of Contract by Port No later than November 17, 2017 Task 3 Final Report and Accounting: 1. Provide a detailed report on the results of the project as outlined in the Scope of Work 2. Provide a detailed report on the Project Metrics as outlined above. 3. Provide copies of all printed promotional materials. 4. Provide links to any softcopy materials. 5. Provide a detailed accounting of the monies spent, including City’s 50% matching funds. No later than June 1, 2018 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 16 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: 11/07/17 TO: Mayor Cooke Councilmembers FROM: Derek Matheson, Chief Administrative Officer SUBJECT: CAO Report for Tuesday, November 07, 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 • There are only two more workshops before the budget heads to the Operations Committee on Tuesday, December 5: a special workshop on Tuesday, November 14, and a regular workshop on Tuesday, November 21. The big issues seem to be property tax and, to a lesser extent, quiet zone funding. (The square footage tax is on its own track through the Operations Committee in November and council in November- December. The council will take up the proposed police & criminal justice levy early next year.) • The YMCA / Morrill Meadows Park / East Hill Park project has really begun to move quickly after the city council’s special workshop in mid-October. Staff is striving to bring the necessary purchase-and-sale, lease/leaseback, and operating agreements through the Operations Committee and council on December 5 and 12, respectively. We’ll know soon whether that goal is realistic. • The CAO and council administrative assistant have begun working on the new mayor and council orientation session, scheduled for Tuesday, December 19, at 4 p.m. Communications • We’ve purchased ad space for a full-page ad in an early November edition of the Puget Sound Business Journal that highlights South King County growth. Our advertorial talks specifically about Kent’s transformation as an urban center, drawing interest from around the region. This is an exciting opportunity to show that Kent is an exciting place to live and work and that developers like FNW are setting a high bar for others to meet or surpass. • KING5 is doing a feature on Kent that is expected to air on November 6. Although they have their own ideas, from a strategic standpoint, we opted to tell them about the same types of development as featured in the Puget Sound Business Journal, as well as Kent Station, accesso ShoWare Center and the Seattle Thunderbirds, all of which are attracting people to our city. Page 2 of 16 • Neighborhood Program o Kent’s Neighborhood Program and Public Works Transportation staff will meet with Shadowbrook Ridge and Fern Crest West neighborhoods on Wednesday, November 15 at 6:30p.m. at Sunrise Elementary. Staff will address the neighborhood concerns about vehicles parked on both sides of the streets and propose parking restrictions within the neighborhood. Community Engagement • The Community Engagement coordinator Uriel is currently working with King County Metro on the final draft of the Community Connections Public involvement plan. Uriel will be sending Metro a list of Stakeholder Work Group contacts, which will include community-based organizations, local businesses and community leaders. • Uriel is currently working with Communications Consultant Dana Neuts on streamlining the City’s social media content. Hootsuite, a social media management platform, will be used to refine our existing processes and to plan future editorial content that will be consistent with our branding and promote a regular presence on social media. ECONOMIC AND COMMUNITY DEVELOPMENT Long Range Planning Services • Staff presented at a Land Use and Planning Board public hearing regarding safe injection sites. The hearing included a pro-con forum, during which advocates on each side of the issue had 15-minutes to discuss their positions and provide documentation. The Land Use and Planning Board recommended to City Council to adopt “alternative B”, which permanently adopts language prohibiting safe injection sites in Kent. The board also emphasized the need for the city to do something more to support people who are experiencing drug and opiate addiction. ECDC will discuss the topic and make their recommendation to Council on November 13 and council action in December. • Staff attended a Housing Law Seminar hosted by The Seminar Group in Seattle. Major topics were the homelessness and affordability crises, and strategies for providing a variety of housing types and rental/ownership structures that meet all types of needs. • Staff attended the regional Planning Directors Meeting and received information about what is needed from cities for the upcoming King County Buildable Lands study, next steps in the Local Update of Census Address (LUCA) program. Staff also learned about findings of the Regional Open Space Strategy (ROSS) and the King County Conservation Priorities project. • Staff continues work on the Urban Separators project and will be presenting an updated Inventory and Characterization report to the Land Use and Planning Board November 13.. • Staff participated in the Transportation Alternatives Program grant committee at PSRC. This work helps Kent have a role in regional transportation funding decisions, as well as gives staff behind the scenes information as to how grant funding decisions are made. Staff looked forward to sitting down with PSRC early in 2018 to get feedback on our TAP grant application, which was not selected for recommendation of funding. • Staff met with King County Parks regarding the Mobility Connections program that may be a potential funding source for bicycle connectivity through Kent’s downtown. Working closely with the Public Works Department, staff look forward to convening a large working group in January to brainstorm how various regional agency partners can contribute to a safe and welcoming downtown for non-motorized users. Page 3 of 16 Building & Permit Center • Upcoming Project o Southland LLC: Pacific Hwy S; proposal to construct a new Drive-in restaurant. o Sangha Short Plat: 135th Ave SE; proposed use for 4 lot Short Plat; SE 255th St Preliminary Plat: subdivide two parcels into 13 lots; 124TH Ave SE; 2.5 acres – Previously submitted as Birch Lane Short Plat o Reeder Short Plat: 144 AVE SE; proposal to take an existing lot and make a 3 lot short plat. o Either subdivide or perform a lot line adjustment on 3 parcels to build 3 or 4 single family residences: SE 240th St; Option 1: Adjust the existing lot line between 2 parcels and leave the remaining parcel as-is. (total of 3 SFR); Option 2: Adjust the existing lot line between 2 parcels and divide the third parcel into two lots. (total of 4 SFR). • Issued Projects o Sikh Temple Phase 2 – Civil Construction - Phase 2 to the Sikh Temple o Saggu Auto Shop Expansion – New Building: SE 244 St - Shop Expansion • Total Permit Issued: 242 with value of $4,256,502.30 • Total Inspections: Passed 403; Failed 78; Continued 13 EMERGENCY MANAGEMENT Staff Emergency Preparedness • Grant funds have been used to purchase 72-hour Go Kits for all City Staff. Emergency Management has been going out to individual departments to deliver kits along with a presentation on personal preparedness. If you do not have kits yet please contact Emergency Management. • On 10-19 at 10:19am the City of Kent and the Puget Sound Regional Fire Authority participated in the Statewide Annual Sound-shake Drill. Emergency Management gathered RCA’s (Resource Capabilities Assessment) from all DOC’s. RCA’s would be used in a real event to gain situational awareness after an event has happened. Grants • A grant was applied for and a contract received for the Emergency Management Performance Grant (EMPG) for 2017 in the amount of almost $71,000. This is an annual grant from Homeland Security that is passed through Washington State Emergency Management which assists Emergency Management Programs in preparing for all hazards through sustainment and enhancement. • The department was awarded about $11,000.00 worth of Automatic External Defibrillators (AED’), supplies, and training materials from project RAMPART. Rampart is a King County program aimed at increasing training and assess to AEDs. Our award includes 5 new AEDs for patrol cars and replacement batteries and pads for KPD, an AED for Parks to be used at Lake Meridian, and manikins to be used by Puget Sound Fire to teach CPR to staff and citizens. The Lake Meridian AED is a unique plan in that it allowed the one that had been temporarily moved from the Kent Commons to the Lake to stay at the Commons. The new one will be moved from the Lake after the summer season and be used by Kent School District during the school year. Page 4 of 16 Training • Emergency Management staff attended the annual three-day Washington State Emergency Management Conference in September. This is the largest emergency management conference in Washington. • Conducted an evening in-service day for our Kent ECC (Emergency Coordination Center) set up. Approx. 25 people from the Fire Explorers and Emergency Management - Kent Communication Support Team participated in the quarterly training of setting up the ECC and training on roles/responsibilities of the ECC. Community Outreach • Emergency Management assisted in the Smoke Detector program. This program installs smoke detectors and batteries into a senior, low income community within the City. Out of the 37 residents that were contacted, 28 of the homes participated and received new smoke alarms totaling 51 new smoke alarms installed that day. HUMAN RESOURCES Administration/LEAN/Community Outreach • Community Outreach is preparing for support of the department action plans. Benefits • Open Enrollment is scheduled for November 17 - December 1 with presentations scheduled for November 9 and November 16. Announcements will be sent out to all employees at the beginning of November. Labor, Classification Compensation • We are working on appeals from the salary survey. • We are working on several reclassifications across several departments. Recruitment • Interviews November 1 & 2 for Accounting Services Assistant in Parks. • Second interviews being scheduled for GIS Analyst I. • Hiring four (4) MW 1’s in Storm Vegetation/Wastewater. • Nick Deitering starts November 1 as the Parks Program Coordinator. • The Records Specialist position is open in-house, closing November 7. • Entry Level Police Officer testing on November 2 • Written exam for Police Sergeant promotional on November 9 Risk Management • WA State Appeals Court affirmed that Summary Judgement in favor of the City was proper in the case of Corwin v. Kent, where Mr. Corwin filed suit after he claimed his foot became lodged in a hole in the bottom of Lake Meridian while he was wading out to a boat. The lower Court had previously ruled that Summary Judgement in favor of the City was appropriate based upon Mr. Corwin’s inability to establish premises liability in this matter. Mr. Corwin would have had to show that the City either knew or should have known that the hole in the bottom of the lake presented an unreasonable risk of harm. Page 5 of 16 INFORMATION TECHNOLOGY IT Innotas Projects – Service Areas • City Administration o Imaging System Replacement - Develop opportunities to deliver enhanced capabilities and efficiencies to the City in areas such as a self-service web based portal to support public records requests, electronic forms and process automation, and review/clean-up of the existing repository. o IT Technical Investment Board Governance - Board made up of IT Project Stakeholders that will steer and prioritize IT investments. • Court Administration o Court Implementation - Implement O Court scheduling system for CoK with ties to laserfiche document management and includes document and forms management associated with court case calendars. The result will be a significant reduction in paper to track calendars and forms. • Economic & Community Development o Electronic/Online Plan Review System - Identify, procure, and implement an electronic plan review system that will allow customers to submit development/building plans for review electronically or online. The product purchased will also facilitate electronic review and revisions as needed by the city and customers. o Land Use Notices – We are enhancing the Land Use Notices reporting system in order to provide better web security for those who access this page on our City of Kent Website. • Finance o Utility Billing Payment Portal - We are enhancing the Utility Bill Payment portal by adding usage data (graphs) and ability to view historical bills. In the future, the system will also support paperless billing and autopay options. o Merchant Bank Card Surcharge - The City of Kent pays a 2.07% Merchant Service Fee on current CC/Debit Card transactions. The Merchant Fees are paid to US Bank at an average sum of $450,000. These monies are paid out of the City’s General fund. The project objective will be to identify a solution to recoup sunk costs. • Human Resources o HRMS/HRIS - Enterprise Learning Management System-Halogen - Provide a learning management system for Halogen. o JDE Requests - Identify/Address JDE related requests from Finance/HR. • Information Technology o ISP - KnowBe4 - Deliver cybersecurity awareness training to all City of Kent employees to protect all information assets. o Multimedia Request System Replacement - Replace the existing Avanti system with a new system that will be more stable, better supported and easier to maintain. We will also be looking to add additional features like: online proofing, direct to print/quick print, electronic job ticket board, enhanced billing and invoicing capabilities, and improved web catalogue/online ordering. • Law Office o Civil Legal Review Process Automation - Migrate Law's Civil Division from a physical workflow of legal documents and associative paper bi-products. This will drastically reduce administrative time spent assigning, tracking and closing Civil reviews and enable a self-organizing team by visualizing the Civil divisions priorities to maximize attorney and administrative potential. Page 6 of 16 • Parks o Recreation System Replacement - Project objective is to deliver a recreation management system for Parks’ recreation staff to input, manage and maintain customer accounts, memberships, programs, facility rentals, and leagues in support of its operations. o Gen 2015 Upgrade / Replacement (Golf) - Gather requirements and help Parks department find a Golf POS/T-time product solution. • Police o Panther Lake Security Cameras - Enhance substation security at Panther Lake with an on-premise security camera system. o Enable AVL (GPS) on Mobiles - Turn on Automatic Vehicle Location (AVL) to provide visibility of officers location by and between officers in the field, Cmd Staff at HQ, and Dispatchers at Valley Communications • Public Works o Asset & Workorder Replacement/Upgrade - Upgrade and replace existing Hansen/Infor Asset and Work Order system which has several custom integrations with JDE system. o Kent Valley Signal System Upgrade - Upgrade the north Kent Valley with traffic signal system by replacing 5 traffic signal cabinets, 29 controllers and some fiber interconnect. IT involvement in this project will primarily be to provide input and recommendation on network architecture and configuration. Public Works Transportation will be responsible for the remainder of the work involved with replacing the traffic signal system. • Information Technology operational support for October 16, 2017 to October 30, 2017. o Number of tickets opened – 294; number of tickets closed - 285 LAW • The City Attorney’s Office assisted Human Resources with a number of personnel and labor matters. • City Attorney Office staff, along with PD, Fire, and the Building Department, met with the owners of a new Hookah lounge opening on Kent’s East Hill to discuss issues with code compliance and strategies for making the establishment safe for patrons and nearby businesses. • Staff conducted legal reviews on 28 correction notices, eight notices of violation, and two voluntary correction agreements for code enforcement matters. MUNICIPAL COURT • Beginning October 2017, individuals with traffic-related fines in multiple jurisdictions in King County will have an easier and less expensive way to pay court-mandated fines by applying for the new Unified Payment (UP) Program. This arranged payment plan program also lifts the hold on a person’s driver’s license before the fines are paid in full. All courts of limited jurisdiction within King County are participants in this program. PARKS, RECREATION, AND COMMUNITY SERVICES • Art works by Lisa Myers Bulmash and Kathleen McIver completed their display in the Centennial Center Gallery on October 27. • The online gallery, Kent Creates “Holiday Traditions” exhibit is currently open and will run through December 31. People are encouraged to share their holiday traditions at Page 7 of 16 kentcreates.com. Entries can be photographs, recipes, videos of dances, short films, poems, painting, drawings, and anything creative. • The Spotlight Series 20th anniversary season continued on Friday, October 27 with a performance of Mediterranean and Flamenco music from Spain. The all-female and Latin Grammy nominated quartet, Las Migas performed at 7:30 p.m. at Kent Lutheran Church – a new venue for Spotlight Series. As of October 25, 100 tickets had been sold. • Parks staff worked with the Multimedia division to implement a redesign of the Parks Program Guide. The guide is the Department’s major marketing tool; 50,000 copies are printed and distributed three times a year. • Staff attended the Together We Rise, Bridge Conference. The focus of the conference was creating inclusive environments for young people to thrive. Highlighted sessions included community organizing, engaging families, being a change agent within our programs and communities. • Staff worked with community partners to host the 4th Annual Halloween Party at Kent Parks Community Center at Kent Phoenix, Tuesday, October 31 from 6-8:30pm. All ages were welcome and the event was free. • Sixty Special Olympic athletes are busy working on their bowling skills for the regional bowling tournament on November 5 POLICE Significant crime activities/arrests/investigations • October 9 - An armed robbery of two Kentridge teens occurred in the 21100 block of 119th Ave S. The three suspects fled on foot. The two victims reported one suspect produced a handgun from his waistband. But it appears the second of three, was also armed based on her actions in surveillance video located. The victims’ phones and personal belongings were stolen. • October 20 - Officers responded to a report of a man who had been shot in the 1100 block of W. Harrison. The victim claimed that he was on his way to pick up a pizza after dropping his child off at Arbor Chase Apartments and was followed by two vehicles. As he stepped out of the car, a passenger in a green car fired several shots at him hitting him in the foot and ankles at least four times. His vehicle also sustained bullet damage. Officers recovered (16) 9mm casings from the middle of the street. There are no witnesses to the shooting. The victim was transported to VMC for treatment. He has an extensive criminal history in Kent including possession of a stolen vehicle, sexual exploitation, and serious assaults. • October 22 - officers were dispatched to a carjacking report at Atrium on James. The victim pulled the Nissan Sentra out of the garage and parked it in a parking stall in front of the garage. He was sitting in the vehicle when the two suspects approached the driver’s door. The victim stated that one of the suspects pointed a black handgun at his head and demanded the car keys while the other suspect lifted up his shirt and exposed a black handgun tucked in the front waist band of his pants. The victim then gave his keys to them and they got into his Nissan and drove off. The victim was uninjured. • October 25 - officers went to serve an order on the brother of the Pierce County murder suspect. They noticed the mother who answered the door was not acting normal, rather than simply leaving when she said she was alone in the residence they stayed and watched the residence until they could confirm the suspect was inside. This led to us being able to take him into custody without incident. Major emphasis patrol • October 12-14 - Kent PD hosted Operation Cross Country XI, a nationwide law enforcement focusing on underage victims of prostitution, in partnership with the FBI. The King County Sheriff’s Office, Tukwila PD, Seattle PD and Homeland Security all participated in the Operation. Six adult women were recovered, interviewed, and offered Page 8 of 16 services by federal and local victim advocates. Two pimps were arrested and booked on Promoting Prostitution charges. One of the pimps had been traveling around the country for the purposes of prostitution and brought a victim up from California. He has priors for Kidnapping and Robbery. • October 19 - National Family Violence Apprehension Detail. The SWEEP is a day-long event, with agencies across the United States attempting to serve outstanding family- violence warrants. Last year, 441 law-enforcement agencies from 45 different states participated along with probation departments, district attorney's offices, shelter organizations, and community members. We ended up with eight warrant arrests. four DV and four other felony warrants. There was a total of 41 service attempts. • October 26 - we performed a John Sting and arrested ten Johns and impounded six vehicles. We have also developed a lead on a possible pimp. • Extra time spent patrolling the senior center after hours. School issues • Disputes continue with four students from Kent Meridian who were involved in a dispute over a robbery involving a gun. There have been continued threats with a weapon. Investigations and Patrol established a plan to contact all subjects at school and at home to prevent further incident. • October 24 - Kent Meridian School Security reported threats against Muslims via graffiti on a girls bathroom stall. School Security is reviewing video to try to identify the suspect. On October 30, the date for the threat, security at KM was increased by Kent School District Safety Officers and Kent Police Officers. • October 30 – A student at Kentridge was assaulted after school while walking to his mother’s vehicle. Video of the incident was obtained from school security that identified the subject who admitted to the assault saying the student had told him to ‘shut up’ in class three days in a row prior. Events and awards • October 21 - Tip-A-Cop at Red Robin raised $1,153.39 for Special Olympics Washington. PUBLIC WORKS Design • S 224th St Project 84th to 88th –Negotiations continue with Hytek. A decision was made to not allow utilities on the SR 167 overpass due to scheduling conflicts and necessary revisions to the WSDOT aerial easement. • S 224th St Project 88th to 94th – Completed and secured rights from five of eight parcels impacted by the project. Condemnation proceedings anticipated to begin early November. • S 228th St UPRR Grade Separation (and 228th Bikeway) – Negotiations continue with remaining businesses. Condemnation proceeding anticipate to begin early November. • East Valley Overlay – Kick off meeting held October 18. Working to obligate funds from WSDOT and Puget Sound Regional Council (PSRC). • 640 Zone Individual Pressure Reducing Valves - Anticipated advertisement in late - November. Construction • LID 363: S 224th St Improvements – 84th Ave S to 88th Ave S - Closure of 88th Ave S between 93rd Pl S & 22401 88th Ave S is currently scheduled for Monday, November 6. Crews are taking material delivery and assembling the 115 foot rebar cages for the bridge piers. Night work is ongoing on SR 167. Re-channelization of the northbound lanes on SR 167 is complete as are installation of temporary barrier on both directions of the freeway. With the work zone established in the median, Page 9 of 16 demolition of the existing barrier and pavement for fiber optic relocation is underway. • 2017 Asphalt Overlays - Local water/sewer districts are working on the final adjustments of their manhole castings and valve boxes. • S 212th St and 72nd Ave S Intersection Improvements - Both 212th and 72nd are open to traffic. The contractor completed the pedestrian crossings, traffic signal loops, and final channelization. • Habitat Conservation Measure 6 - Planting is complete and we are working with the contractor to add the installation of woodchip mulch prior to closing out the project. • 132nd Ave SE Pedestrian Improvements (SE 251st St to SE 268th St) - The first scheduled placement of asphalt pavement took place on Thursday October 26. The final paving will take place on Tuesday October 31. Placement of concrete driveway crossings and walkways will follow. Work is ongoing on the mid-block pedestrian crossing at the 25100 block of 132nd Ave. • S 212th Way Overlay- The final lift of asphalt paving is complete. Installation of traffic signal detector loops will take place week of October 30, followed by painting of roadway markings. Markings installed this fall will be temporary. Permanent markings will be scheduled for installation after this winter under warmer and dryer weather conditions. • S 240th St Pathway Improvements – Green River Trail to Lakeside Boulevard - Construction began on Monday, October 16. Grading for the pathway on the levee and the new sidewalk on S. 240th is taking place week of October 30. Asphalt and concrete surfacing will begin on Tuesday, November 7. Handrail installation will begin upon completion of the asphalt and concrete pathway placement. • Hawley Road Levee – Connection to SR 167 - Construction began last week and levee fill import and placement is complete. Drainage, planting, and final stabilization work is underway. All contract work is expected to be complete on Tuesday October 31. • Horseshoe Bend Levee Storm Outfall Pipe Slip Lining –Contract work is complete. • Meridian Valley Creek Erosion Repair - Contract work nearing completion. • Briscoe-Desimone Levee Improvements Reach 2 and Reach 3 Mitigation Planting - The contract is executed and the preconstruction meeting was held Wednesday, October 25. Notice to proceed is Monday October 30. Land Survey • The Land Survey staff has been mapping multiple sites on Frager Road for mitigation planting, Lake Meridian Estates Phase II design, 132nd Ave Walkway Improvement design, the American Legion site for Parks Department and the Green River Resource Natural Area. Field Staff are also providing construction stakes for 132nd Ave. walking paths, 240th Bike Path near the Green River and channelization marks for 212th St & 72nd Ave intersection improvements. GIS • The GIS staff have been working on Emergency Management needs and working with IT on the implementation of the outward facing GIS server for better service to our public stakeholders. GIS staff has also been fulfilling daily service requests for a Highline Water District map reflecting current/proposed changes, an unopened street right of way layer, updating curb ramp inventories for ADA compliance and submitting data to a consultant performing the 2017 Water Plan update analysis. Environmental • Lower Russell Road Levee – King County Open-House Meeting happened at Green River College, Kent Campus October 25 and had a good turnout from the public. We Page 10 of 16 are meeting with King County staff on November 2 to continue to progress on resolving design issues. • Lake Meridian Estates Storm Repair Phase II – We are investigating a potential alternative to complete the stormwater repair in 2018. • National Pollutions Discharge Elimination System (NPDES) -Municipal Stormwater Permit - Preparing to apply for coverage under the 2018 - 2023 permit. • Kent Water System Plan – Finalizing extension request to State Department of Health. Going to PWC on November 6. • Recycling Collection Event - Fantastic turn-out at recycling event even in the pouring rain. They counted 1,232 cars that brought items for the event at Hogan Park. • Green Duwamish Pollutant Loading Assessment – There is a technical committee meeting on November 1. This committee reviews the analysis of the source of stormwater pollutants in the Duwamish. • King County Flood Control District – The Executive Committee voted to recommend approval of the 2018 budget to the Board of Supervisors. This budget includes continuing funding for work on several levees in Kent, including Lower Russell, Milwaukee II, Signature Pointe and Horseshoe Bend. Transportation • Staff has prepared the WSDOT Local Funding Agreement to obligate design funds for the East Valley Highway Preservation Project. • An outline of the Transportation Master Plan update is being updated to identify portions that can be complete in-house. • The Commute Trip Reduction (CTR) Plan was last updated in 2007. Staff is in the process of the updating the CTR Plan to better serve businesses participating in the CTR Program to help reduce congestion, improve parking situations and reduce impacts to air quality. Updates to the CTR Plan will help inform updates to the Transportation Demand Management portion of the Transportation Master Program. • Poulsbo RV will be meeting with Kent staff on November 3 to discuss options for the re-development of the Poulsbo RV site after the impacts of the SR509 project are taken into consideration. Streets • Street Maintenance crews will be performing hot patch repairs on James Street and 144th Ave Southeast. The concrete crew will be prepping and pouring wheelchair ramps on 6th Ave and Smith Street and along 6th Ave between Harrison and Meeker. Wetland crews will be performing maintenance on the Green River Natural Resource Area. Vegetation crews will be prepping and coordinating volunteer details and materials with Parks department for Green Kent Day. The Sign crew will be installing sign orders at West Valley Highway and Frager Road and repairing Ice Alerts. Water • The Water Division is reviewing 2018 to 2020 paving projects for water improvements; performing plumbing repairs; dead end main flushing; valve turning and replacements; utility locates citywide; hydrant and water meter replacements while setting new meters for our Permit Center. Utilities • Sewer crews will be doing monthly line cleaning and performing pump station services and will also be involved in Horseshoe Storm research, James Street coring, Victoria Ridge generator repairs and performing easement maintenance. • Storm the project crews will be installing berms at various locations, line cleaning on West James Street and Lincoln Ave North. National Pollutions Discharge Elimination Page 11 of 16 System (NPDES) crews will be pumping at intersections 36th Ave South and South 248th Street and West Cloudy Street and 4th Ave North. Fleet/Warehouse • The Radio shop will be programming Very High Frequency for new radios and updates. Fleet is working on drop in, scheduled and body repairs. This page intentionally left blank. EXECUTIVE SESSION Collective Bargaining, RCW 42.30.140(4)(a) ACTION AFTER EXECUTIVE SESSION ADJOURNMENT