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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 3/15/2016adccW11411 Mayor Suzette Cooke Council President Bill Boyce Councilmembers Jim Berrios Tina Budell Brenda Fincher Dennis Higgins Dana Ralph Les Thomas City of Kent Council MeetingAgenda March 15, 2016 This page intentionally left blank. KENT CITY COUNCIL AGENDAS March 15, 2016 Council Chambers Mayor Suzette Cooke Council President Bill Boyce Councilmember Jim Berrios Councilmember Tina Budell Councilmember Brenda Fincher Councilmember Dennis Higgins Councilmember Dana Ralph Councilmember Les Thomas ********************************************************************* COUNCIL WORKSHOP AGENDA 5 p.m. Subject Speaker Time Parks and Open Space Plan Update Jeff Watling 30 min Pine Tree Park Derek Matheson 60 min COUNCIL MEETING AGENDA 7 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF 4. PUBLIC COMMUNICATIONS A. Historical Note from Kent’s 125th Anniversary B. Public Recognition C. Appointment to the Public Facilities District Board D. Community Events E. Public Safety Report F. Intergovernmental Reports 5. PUBLIC HEARING 6. PUBLIC COMMENT - Please state your name and address for the record. You will have up to three (3) minutes to provide comment. Please address all comments to the Mayor or the Council as a whole. The Mayor and Council may not be in a position to answer questions during the meeting. For more details regarding the public comment process, please refer to the section titled, “Public Comments,” on the reverse side. 7. CONSENT CALENDAR A. Minutes of Previous Meetings and Workshops – Approve B. Payment of Bills – Approve C. Excused Absence for Councilmember Berrios - Approve D. Hawley Road Levee Improvements Phase 2 – Accept as Complete E. Grandview Water Easement with Highline Water District – Approve F. Water Leak Adjustment Code Amendment – Ordinance – Adopt (Continued) COUNCIL MEETING AGENDA CONTINUED G. Agreement with Vision Internet for Content Management System Replacement - Authorize H. School Zone Traffic Safety Camera Program Fund Expenditures – Authorize I. Appointment to the Public Facilities District Board – Approve J. Riverview Park Trail Relocation Project – Accept as Complete 8. OTHER BUSINESS A. Kent School District Bond Issue – Resolution in Support - Adopt 9. BIDS A. James Street Improvements Watermain and Landscaping – Woodford Ave. N. to 102nd Ave. S. – Award B. 2016 Asphalt Overlay Project - Award 10. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office. The Agenda Summary page and complete packet are on the website at KentWA.gov An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at 253.856.5725. For TDD relay service, call the Washington Telecommunications Relay Service at 1.800.833.6388. COUNCIL WORKSHOP 1) Parks and Open Space Plan Update, Jeff Watling 2) Pine Tree Park, Derek Matheson This page intentionally left blank. CHANGES TO THE AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF This page intentionally left blank. PUBLIC COMMUNICATIONS A) Historical Note from Kent’s 125th Anniversary B) Public Recognition C) Appointment to the Public Facilities District Board D) Community Events E) Public Safety Report F) Intergovernmental Reports This page intentionally left blank. PUBLIC HEARING This page intentionally left blank. PUBLIC COMMENT This page intentionally left blank. Agenda Item: Consent Calendar 7A – 7B_ CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through J. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the regular council meeting of February 2 and the workshop minutes of February 16, 2016. 7B. Approval of Bills: Approval of payment of the bills received through February 15 and paid on February 15 after auditing by the Operations Committee on March 1, 2016. Approval of checks issued for vouchers: Date Check Numbers Amount 2/15/2016 Wire Transfers 6552 - 6568 $1,904,221.45 2/15/2016 Regular Checks 700804 - 701112 $1,988,576.07 Void Checks ($40.00) 2/15/2016 Use Tax Payable $4,097.82 $3,896,855.34 Approval of checks issued for payroll for February 1 through February 15 and paid on February 19, 2016: Date Check Numbers Amount 2/19/2016 Checks $0.00 Voids and Reissues 2/19/2016 Advices 361686 - 362499 $1,437,951.31 $1,437,951.31 This page intentionally left blank. Kent City Council Meeting Minutes February 2, 2015 The regular meeting of the Kent City Council was called to order at 7:04 p.m. by Mayor Cooke. Councilmembers present: Boyce, Berrios, Budell, Fincher, Higgins, Ralph and Thomas. CHANGES TO THE AGENDA FROM COUNCIL ADMINISTRATION OR STAFF. PUBLIC COMMUNICATIONS A. Historical Note from Kent’s 125th Anniversary – Dennis Higgins presented the history of Van Doren’s Landing. B. Public Recognition – None. C. Reappointments to the Lodging Tax Advisory Committee – Ben Wolters, Economic and Community Development Director introduced and recommended Andrew Hutchinson and Barbara Smith as reappointments to the Lodging Tax Advisory Committee. D. Appointment to the Kent Bicycle Advisory Board – Mayor Cooke introduced Brandon Swanson who she recommended for appointment to the Kent Bicycle Advisory Board. E. Community Events – Council President Boyce highlighted the events at the ShoWare Center to include a high school basketball tournament Thursday and the Tacoma Stars, Seattle Thunderbirds, and the Harlem Globetrotters games this weekend. He added that the Kent “You, Me, We” event is coming up on March 12. Finally, he announced that the ShoWare Center had over 220 events in 2015 and one- third of their concerts were sold out. He encouraged the public to attend an event at the ShoWare Center. Councilmember Ralph noted that the next Kent-Meridian Performance Arts Showcase event is called “Sneaker Suites” which features an urban media hip-hop group. F. Economic and Community Development Report – Ben Wolters, Economic and Community Development Director stated that the 4th quarter of last year was a busy permitting quarter. He said that the Riverbend Gateway project request for qualifications went out last week and responses are due by February 27. He stated that the City will be working with an advisory panel to shortlist the proposals by March 22 and have those finalists come back with more detailed proposal by April 26. He communicated that the Panther Lake Shopping Center has been purchased by US Realty Partners of Westlake Village, California. He added that Grocery Outlet is moving to the vacant Albertsons at 26100 Pacific Highway South and Macrina Bakery is moving to Kent and being encouraged to open a café as a part of the City’s “Make in Back, Sell in Front” philosophy. He discussed the Sound Transit Kent-Highline College Kent City Council Meeting Minutes February 2, 2016 2 Station planning and displayed a map of the area with a new street. He also added that Sound Transit wants to begin working on the Kent-Star Lake Station and its funding would be a part of the Sound Transit III package that is scheduled to go to voters this year. The City is in the middle of the design phase, he explained, and is working on a development agreement to determine how this project will proceed within the City. Continuing, he stated that Sound Transit is also interested in working with the City on plans for a second parking garage for Sounder commuters by Kent Station and that this should go to construction in the next two to three years. G. Intergovernmental Reports – Council President Boyce noted that the Sound Cities Association Public Issues Committee did not meet and the next meeting is February 10. Councilmember Higgins noted that he attended the Puget Sound Regional Executive Board as the Mayor’s alternate at which the City’s Comprehensive Plan was officially approved. He also attended the Regional Transit Committee meeting and the Sound Transit 2nd parking garage was approved for Sound Transit 2. He noted that he also attended the Regional Transit Committee (RTC) meeting two weeks ago and the work plan for 2016 was set. Additionally, there is a RTC workshop tomorrow and the King County Metro Service Guideline Task Force recommendations and the long range plan will be discussed. Councilmember Budell communicated that the Regional Sexual Harassment and Domestic Violence Committee meeting is March 9. Councilmember Ralph attended the Regional Law Safety and Justice meeting which focused on sex based crimes and sexual assault. She added that there has been a shift to increase the punishments. She also stated that there was a presentation concerning the assistance victims have at their disposal. Additionally, she attended the Sound Cities Association Board Retreat and homelessness is at the top of their agenda in 2016. She added that they are going to Olympia to discuss affordable housing and homelessness with the legislature. Continuing, she stated that the Sound Cities Association Orientation for Regional Boards and Committees is tomorrow night. Councilmember Fincher stated that she attended the first Mental Illness and Drug Dependency Committee meeting and it focused on defining goals and the budget. She also attended the King Conservation District (KCD) meeting and the election of a new supervisor was discussed. Additionally, KCD still has food grants from $10,000 to $100,000 available to fund entities with proposals to bolster the food economy and distribution in King County. Council President Boyce thanked Michelle Wilmot for her work in keeping the Council informed with the legislature. Councilmember Fincher announced that Victoria Andrews has retired and thanked her for all her work at the King Conservation District. PUBLIC HEARING Kent City Council Meeting Minutes February 2, 2016 3 No public hearing. PUBLIC COMMENT 1. Kristy Herrick, Kent – Herrick displayed a map of Pine Tree Park. She communicated that there is no problem with access to the park. She stated that the City should be able to allow for access to the park through the school property and the area around the property is rural and this is why the Forward Thrust funds were used for it. She stated that the park can function as a neighborhood park. She stated that the City needs the funds to repair other parks and wondered why it can’t sell the parks that need to be repaired. 2. Ric Herrick, Kent – Herrick inquired how the public knows if there will be action after an executive session. Mayor Cooke noted that the Chief Administrative Officer announces it in the beginning of the meeting and Mayor announces it just before the executive session begins whether or not there will be action taken after the executive session. 3. Sandi Lynden, Kent – Lynden stated that in an executive session in September the Council sold the property. She noted that four months later the Herrick’s found out. She quoted a column in the Seattle Times and a letter to the editor on Monday. She said the City did a bad job communicating the sale of the park and wondered how many invitations were sent. She wondered if any transparency was considered by any of the Council in the executive session and asked that the Council revokes the sale. 4. Al Lynden, Kent – Lynden communicated that this park is what Forward Thrust is for. He stated that in five years the park will be gone, the money will be gone, and the depreciation will have occurred. He said if the sale is terminated 10 years from now families that live there will thank you for this action and the $2 million will be irrelevant. He encouraged the Council to rescind this action and not sell the park. Council President Boyce stated that from a communications point the Council dropped the ball and should have gotten the community more involved in the process. CONSENT CALENDAR Council President Boyce moved to approve Consent Calendar items A through G, seconded by Councilmember Thomas. Motion carried 7-0. A. Approval of Bills – Approve. Bills received through December 31 and paid on December 31 after auditing by the Operations Committee on January 19, 2016. B. Assistant City Attorney – Limited Term - Authorize. The Council authorized to hiring of a limited-term, full-time, benefitted assistant city attorney position. C. Interlocal Agreement with King County Directors Association for Cooperative Purchasing - Authorize. The Mayor was authorized to sign an Interlocal Agreement with the King County Directors’ Association to cooperatively Kent City Council Meeting Minutes February 2, 2016 4 purchase and procure supplies, equipment, and other goods and services, and ratify all acts consistent with the Interlocal Agreement. D. Reappointments to the Lodging Tax Advisory Committee – Approve. The council approved the re-appointments of Barbara Smith and Andrew Hutchison to the Lodging Tax Advisory Committee. E. Appointment to the Kent Bicycle Advisory Board – Confirm. The council confirmed the Mayor’s appointment of Brandon Swanson to the Kent Bicycle Advisory Board for a two year term. F. Recreation and Conservation Office Grant Agreement for Lake Meridian Dock – Authorize. The Mayor was authorized to sign the Grant Agreement with the Recreation and Conservation Office for $500,000.00 to fund the replacement of the Lake Meridian Floating Dock. G. 2015 Fourth Quarter Fee-in-Lieu Funds – Accept. The Council accepted $18,600.00 of Fee-in-lieu funds, amend the Community Parks Reinvestment Program budget, and authorize the future expenditure of these funds for capital improvements at Springwood Park. OTHER BUSINESS BIDS REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. – Council President Boyce noted that a “quiet zone” from railroad noise was discussed in the workshop. He highlighted that the streets that border the railroad tracks were discussed with the end goal to greatly reduce the horns, have LED lights on the crossings, improve the sidewalks, and have more fencing to block pedestrians from crossing the tracks. Additionally, Finance Director Aaron BeMiller highlighted the refinancing of the City’s bonds for better interest rates to save taxpayer dollars at today’s workshop. B. Mayor. – Mayor Cooke announced that Marta Gonzalez is the City’s Employee of the Month for February. She said she attended the King County Aerospace Alliance meeting and it is an organization that unites jurisdictions to accomplish the growth and global competitiveness of Washington’s aerospace industry. This past week she also attended the Association of Washington Cities Action Days and attended a session on home rule of cities. She added that she attended meetings with legislators and one with the Governor. Mayor Cooke stated that she just completed the Metro Service Guidelines Task Force which looked at efficiencies and the coverage of King County Metro services and routes. She highlighted that the minimum target service level was changed to be no more than a 60 minute wait for passengers and that the availability of having alternative services for non-peak hours is something she is very interested in. She stated that maybe employers can get together to determine peak times when their employees need transportation services, such as a van pool or something like it. Mayor Cooke also attended the Regional Policy Committee meeting and they discussed Kent City Council Meeting Minutes February 2, 2016 5 the juvenile justice system, with a report coming out soon. She added that she has volunteered to be a part of the Highway 167 Committee to study expanding Highway 167 to the Port of Tacoma. However, she stated that this doesn’t include the opening up of more lanes as you travel south on 167 at Highway 18. Mayor Cooke applauded the FIRST Robotics group and stated the event at the ShoWare Center went well. She noted that she spoke at the Latter Day Saints conference last weekend and this Saturday from 11 – 1 p.m. the Iraqi community is having an event open to the public at the Senior Center. She noted that the South King County Coalition Against Trafficking will meet in the Council Chambers on March 4 from 1 p.m. to 3 p.m. She continued and expressed concerns with having the Cornucopia Days carnival at the ShoWare Center and asked the public for their assistance in determining a location. C. Chief Administrative Officer. – Chief Administrative Officer Derek Matheson communicated that the City Council Retreat is Friday and Saturday. He noted that the CAO Report is in the packet. He announced the three executive sessions for property negotiations, collective bargaining, and potential litigation are expected to last 25 minutes with action occurring when the Council reconvenes the regular meeting. D. Economic & Community Development Committee. – No report. E. Operations Committee. – Councilmember Ralph communicated that the Committee recommended Council approval of the Panther Lake Annexation sales tax credit resolution and the $5 million in funds will go away in 2020 causing a gap in the City’s budget. She stated that there was also a discussion about business licensing and how to ensure compliance by February 28. F. Parks and Human Services Committee. – Councilmember Fincher noted that an $18,600 fee-in-lieu of which will be going to the Parks Department for capital improvements. She added that the Lake Meridian Floating Dock grant was accepted and there will be work done on it. She added that Pine Tree Park was also a point of conversation. She added that Councilmember Budell, Boyce and Fincher have visited the park. She stated that the Council doesn’t want to get rid of land and when the levy failed three years ago something needed to be done. She explained that it is difficult to get to the park and that in order to be fiscally responsible the best option was to sell it. She added that it is best to save parks that serve more residents. She noted that Victoria Andrews will be missed and highlighted some of her accomplishments with the City. She thanked her for her service to the City. G. Public Safety Committee. – Councilmember Berrios noted that the meeting is next Tuesday at 4:30 p.m. and discussion is on the amendments to the fireworks ban. H. Public Works Committee. – Councilmember Higgins noted that there will be no Public Works meeting on the 15th, but a special meeting on February 22 at 4 p.m. I. Regional Fire Authority. – Councilmember Thomas stated there is no meeting tomorrow night and the next meeting is on February 17 at Station 78. EXECUTIVE SESSION Kent City Council Meeting Minutes February 2, 2016 6 A. Property Negotiations, as per RCW 42.30.110(1)(b). B. Collective Bargaining, as per RCW 42.30.140(4). C. Potential Litigation, as per RCW 42.30.110(1)(i). At 8:27 p.m., Mayor Cooke announced that the Council would recess into an Executive Session for twenty-five minutes to discuss property negotiations, per RCW 42.30.110(1)(b), collective bargaining, per RCW 42.30.140(4), and potential litigation, per RCW 42.30.110(1)(i). At 8:52 p.m., Mayor Cooke extended the Executive Session for five minutes. At 8:56 p.m., the Executive Session concluded and Mayor Cooke reconvened the regular meeting. ACTION AFTER EXECUTIVE SESSION Councilmember Higgins moved to authorize the Mayor to sign all necessary documents to complete the purchase of the vacant property located at 17929 SE 272nd Street, Covington, WA 98042, in an amount not to exceed $350,000.00, plus reasonable closing costs, and commission fees, if any, subject to approval of the final terms and conditions by the City Attorney and Public Works Director, seconded by Councilmember Budell. Councilmember Higgins communicated that this is a property adjacent to the City’s Armstrong Railhead and it is a necessary purchase to protect the water source for the City. A vote was taken on the motion on the table to sign all necessary documents to complete the purchase of the vacant property located at 17929 SE 272nd Street, Covington, WA 98042, in an amount not to exceed $350,000.00, plus reasonable closing costs, and commission fees, if any, subject to approval of the final terms and conditions by the City Attorney and Public Works Director. Motion carried 7-0. Councilmember Berrios moved to authorize the Mayor to execute all necessary documents to approve the 2016 – 2018 Collective Bargaining Unit Agreement approved and accepted by the Police Officers and Sergeants, seconded by Councilmember Thomas. Councilmember Berrios communicated that this signals the end of the negotiations between the negotiations team and the police officers. A vote was taken on the motion on the table to authorize the Mayor to execute all necessary documents to approve the 2016 – 2018 Collective Bargaining Unit Agreement approved and accepted by the Police Officers and Sergeants. Motion carried 7-0. Kent City Council Meeting Minutes February 2, 2016 7 ADJOURNMENT The meeting adjourned at 9:07 p.m. Ronald F. Moore, MMC City Clerk This page intentionally left blank. Kent City Council Workshop Minutes February 16, 2016 The workshop meeting was called to order at 5:02 p.m. by Council President Boyce. Councilmembers present: Berrios, Budell, Fincher and Ralph. 2016 Water & Sewer Rates – Tim LaPorte, Public Works Director highlighted the City’s sewer utility. He noted that the Public Works Department doesn’t serve all of the sewers in city limits and the other areas are being served by special purpose districts. He communicated that there are almost 212 miles of sanitary sewer pipes in the City, 6,000 manholes, eight sewer pump stations, and thirteen full-time employees who manage the sewer utility. He reviewed each of the sewer pump stations and pipes and displayed where the sewer goes when it leaves the City. He concluded that the sewer goes to the King County Treatment Plant in Renton and the treated water then goes out into the Puget Sound by Alki in West Seattle. Council President Boyce confirmed that there are 212 miles of sewer pipes in Kent and 70 miles needs to be repaired or replaced. Kristen Lykken, Public Works Financial Analyst communicated the sewer rates of other Metro serviced areas and highlighted that the City has the second lowest rates. She also stated that 69 percent of the revenues go to King County Metro and that 46 percent of those funds the City receives goes to the internal utility taxes, 15 percent to salaries, 13 percent to internal services, supplies and services, and 12 percent goes to capital. She communicated that the yearly capital needs for sewer is $5 million with $3.5 million being needed for sewer line replacements and $1.5 million for pump station improvements, replacements, wet well work, system analysis, etc. She noted that there is only $1 million available with the current rates. Councilmember Berrios verified with LaPorte that relining a sewer pipe allows for about 15 years of service. Paul Scott, Public Works Accounting Supervisor communicated that the fund balance for sewer and storm drainage is combined. He noted that an analysis was done and for now there aren’t enough funds for sewer to operate on its own and the current structure barely covers the tax and the Metro rate. He communicated that a 15 percent rate increase in the City rate would equal about $1 million in capital. He also communicated that it may makes sense to base rates on the consumer price index each year so the rate covers the increase in expenses for the utility year. Scott also communicated that the City doesn’t charge sewer connection fees and discussed the capping of the internal utility tax. Councilmember Budell inquired about the taxing that occurs and LaPorte noted that a significant amount of the funds come from the Sewer Fund and are transferred to the General Fund. February 16, 2016 Kent City Council Workshop Meeting Minutes 2 Councilmember Berrios verified with Scott that the sewer and water rates for residents are tied together and the rates for commercial are not. Scott answered an inquiry from Councilmember Berrios and stated that the City has a policy to revise its rates to match increases. However, the policy has only led to there being about $1 million in revenue each year to address the issues. Further discussion noted that the range to replace the pump stations would be between $1 and $2.5 million for each. Councilmember Berrios also expressed concerns with raising rates. Councilmember Budell confirmed that compost toilets aren’t legal if a public sewer is available. LaPorte replied to Councilmember Budell that sewer rates can be flattened, but it is up to Metro because they raise their rates and they are also based on the treatment standards. David Brock, Public Works Operations Manager presented the City of Kent water system. Lykken communicated that there are 280 miles of water piping and 28 different water resources in the City. She noted that there are nine reservoirs with 23.2 million gallons of storage which are maneuvered by six pump stations and 14 generators. She highlighted the City is in the middle when residential rates are compared to neighboring cities and has the third best rate when it comes to commercial rates. Councilmember Ralph verified that multi-family and apartment homes are included in commercial rates. Lykken continued and reviewed the water capital. She noted that there is a $6 million need with $2.5 million needed for water main replacements, $1 million for hydrants, meters, vaults, security, and wellhead capital, $2 million for major projects, and another $500,000 needed for miscellaneous capital. She concluded that there is presently $3 million of capital available in revenues per year. Scott highlighted that the opportunities for increasing capital are restructuring rates, cost of living increases, fire line fees, and capacity fees. LaPorte communicated that the City would prefer having fixed rates because revenues would be more predictable. Councilmember Budell inquired what the preferred restructure of rates would be and Lykken stated that lowering the variable rates and increasing the meter fee is the preferred method. Lykken also confirmed that there is no fire line fee in place right now and all of the local jurisdictions have one except for Auburn. LaPorte communicated that the plan is to discuss this information to Councilmembers individually and then bring a recommendation to the Public Works Committee in a couple of months. Council President Boyce obtained an explanation from Brock on the water situation in Flint, Michigan. February 16, 2016 Kent City Council Workshop Meeting Minutes 3 Councilmember Berrios verified that there is a 13 percent tax on water rates from Metro, significantly less than the sewer taxation. Meeting adjourned at 6:18 p.m. Ronald F. Moore, MMC City Clerk This page intentionally left blank. Agenda Item: Consent Calendar – 7C_ TO: City Council DATE: March 15, 2016 SUBJECT: Excused Absence for Councilmember Berrios - Approve SUMMARY: Councilmember Berrios is unable to attend the City Council meeting of March 15, 2016. RECOMMENDED BY: Council President Boyce YEA: N/A NAY: N/A BUDGET IMPACTS: N/A MOTION: Approve an excused absence for Councilmember Berrios as he is unable to attend the City Council meeting of March 15, 2016. This page intentionally left blank. Agenda Item: Consent Calendar – 7D_ TO: City Council DATE: March 15, 2016 SUBJECT: Hawley Road Levee Improvements Phase 2 – Accept as Complete SUMMARY: The awarded amount for this project was $442,679.76. The total paid to SCI Infrastructure, LLC was $466,916.30. This project involved widening the remaining part of Hawley Road to complement the Phase I Improvements and included guardrail, the addition of an 8 foot wide pedestrian bike path on the riverside, a continuation of curb, gutter and sidewalk on the landside, new storm drainage system, street lighting and 3,500 tons of levee embankment. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACTS: The project was funded through budgeted surface water utility funds and a state grant administered by the King County Flood Control District. MOTION: Authorize the Mayor to accept the Hawley Road Levee Improvements Phase 2 project as complete and release retainage to SCI Infrastructure, LLC, upon receipt of standard releases from the state and the release of any liens. This page intentionally left blank. Agenda Item: Consent Calendar – 7E_ TO: City Council DATE: March 15, 2016 SUBJECT: Grandview Water Easement with Highline Water District - Approve SUMMARY: As part of the Grandview Apartments project, water service from Highline Water District needs to be connected to an existing water main in Riverview Boulevard. A section of water line needs to traverse the city owned property near Riverview Boulevard Bridge. The water line will not affect surface features once it is completed and restored. EXHIBIT: Highline Water District Utility Easement RECOMMENDED BY: Public Works Committee YEA: Higgins, Fincher, Ralph NAY: BUDGET IMPACTS: None MOTION: Authorize the Mayor to execute all necessary documents to grant a water easement with Highline Water District on City property to serve the Grandview Apartments, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. WHEN RECORDED RETURN TO: Jeremy S. DelMar Engineering and Operations Manager Highline Water District 23828 30th Ave S Kent, WA 98032 Grantor: City of Kent, a Washington municipal corporation Grantee: Highline Water District, a Washington municipal corporation Abbreviated Legal Description: Por. E ½ of NW ¼, STR 15-22-04E Additional Legal Description: See Attached Exhibit A Assessor’s Tax Parcel ID No. 152204-9173 Project: Grandview Apartments HIGHLINE WATER DISTRICT UTILITY EASEMENT The Grantor, City of Kent, a Washington municipal corporation, does hereby grant to Highline Water District, King County, Washington, a municipal corporation, Grantee, its successors and assigns, a non-exclusive easement and right-of-way over, through, under, across, upon and in the following-described property, situated in the City of Kent, King County, Washington, to-wit: See Exhibit “A,” attached and incorporated by this reference for the construction, operation, maintenance, repair and/or replacement of a water pipeline and appurtenances thereto, together with all rights of ingress and egress to and from said easement for all purposes necessary and related thereto; the approximate location of the easement area is as depicted in Exhibit “B,” attached and incorporated by this reference. Grantee and its agents, designees or assigns shall have the right, without prior institution of any suit or proceeding at law, and without prior notice to Grantor, at such time as Grantee deems necessary to enter upon said property, by foot or vehicle, for the installation, repair, Highline Water District and City of Kent Utility Easement Page 1 of 3 reconstruction or maintenance of water facilities and appurtenances without incurring any legal obligation or liability therefore, provided that such shall be accomplished in a manner that existing private improvements shall not be disturbed or destroyed, or in the event that they are disturbed or destroyed they will be replaced or repaired, as nearly as is practicable, to as good a condition as they were immediately before the property was entered upon by the Grantee. Grantor shall retain the right to use the surface of this easement, so long as that use does not interfere with the Grantee’s uses as described in this document. Such use by Grantor shall specifically include the right to maintain and improve, as necessary, the existing pedestrian pathway maintained by the City of Kent Parks Department that crosses a portion of the easement area. Except as expressly authorized herein, Grantor hereby agrees that no building, wall rockery, trees or structure of any kind shall be erected or planted, nor shall any fill material be placed within the boundaries of said easement area. No excavation shall be made within three feet of said water service facilities, and the surface level of the ground within the easement area shall be maintained at the elevation as currently existing. In the event that this provision is violated, the Grantee shall have the right to require removal of any such structure and same shall be accomplished within a reasonable period of time and at Grantor's expense. Failure of Grantee to so exercise its right to require removal shall not constitute waiver of this right. Grantor additionally grants to the Grantee, its agents, designees or assigns the use of such additional area immediately adjacent to said easement area as shall be required for the construction, re-construction, maintenance and operation of said water service facilities. The use of such additional area shall be held to a reasonable minimum and be returned to its condition existing immediately before the property was entered upon by Grantee or its agents. IN WITNESS WHEREOF, the Grantor has executed these presents this day of , 2016. GRANTOR: CITY OF KENT By: Print Name Suzette Cooke Its: Mayor Highline Water District and City of Kent Utility Easement Page 2 of 3 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires Highline Water District and City of Kent Utility Easement Page 3 of 3 This page intentionally left blank. Agenda Item: Consent Calendar – 7F_ TO: City Council DATE: March 15, 2016 SUBJECT: Water Leak Adjustment Code Amendment – Ordinance – Adopt SUMMARY: The current leak adjustment ordinance will help to streamline the City’s policy regarding what constitutes a leak and the adjustment process the City uses to help customers affected by a leak. In addition to some minor housekeeping changes, the adjustments to the ordinance Finance is proposing address and modify the following central items: - Removes the one-time only adjustment per owner; and - Deletes ambiguity regarding the location of the leak; and - Increases the number of billing periods the adjustment can cover from one billing period to two billing periods; and - Changes the calculation for determining when a water utility bill triggers the threshold level for adjustment; and - Increases the amount of the adjustment the City will provide to customers affected by a leak. Currently, an adjustment is permitted only once per property owner; adjustment is available only for an accidental water leak or water line failure on the subject property, or an “unexplained, abnormal water meter reading” that occurs on the subject property even though City inspection reveals no water meter malfunction; the billing adjustment cannot exceed 50 percent of the difference between the amount of the bill to be adjusted and the average water usage over the preceding 12 months; and the bill will only qualify for adjustment if the bill is more than twice as high as the highest bill for any single billing period in the preceding 12 months. EXHIBITS: Ordinance RECOMMENDED BY: Operations Committee YEA: Boyce, Ralph, Thomas NAY: BUDGET IMPACTS: The proposed changes to the water leak adjustment ordinance will not have a negative impact on expenditures. The proposed adjustments will help to alleviate a cumbersome and inefficient process, which can take a significant amount of staff time for short periods. Revenue impact is difficult to estimate because of the variable number of leaks in any given period, but is not expected to be material. MOTION: Adopt Ordinance No. , amending Chapter 7.02 of the Kent City Code, entitled “Water,” pertaining to the process through which an owner may request an adjustment to a water utility bill, and to reconcile current inconsistencies in the City Code. This page intentionally left blank. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 7.02 of the Kent City Code, entitled “Water,” to streamline the process through which an owner may request an adjustment to an unexpectedly exorbitant water bill, and to reconcile current inconsistencies in the City Code to provide clarity to both property owners and City staff. RECITALS A. Through passage of Ordinance No. 2732 on July 7, 1987, the Kent City Council recognized that leaks or defects in water pipes or systems hooked up to City water, but located on private property, were often undetected until a water customer received an unusually high bill for water service, and that unintentionally excessive water consumption was costly for both the customer and the City. B. To address this issue, Ordinance No. 2732 authorized the City to partially reduce an unusually high water bill, not to exceed one month’s worth of service; but this reduction was available only once in a lifetime, and the customer had to first provide the City with proof that the private water pipe or other portion of the system that caused the undetected leak had been repaired to the City’s satisfaction before the partial reduction was granted. 1 Amend KCC 7.02 - Re: Leak Adjustments C. This one-time water bill reduction has been amended and re- codified numerous times over the ensuing years, but the basic elements remain the same. Currently, an adjustment is still permitted only once per property owner; adjustment is available only for an accidental water leak or water line failure on the subject property, or an “unexplained, abnormal water meter reading” that occurs on the subject property even though City inspection reveals no water meter malfunction; the rate adjustment cannot exceed 50 percent of the difference between the amount of the bill to be adjusted and the average water usage over the preceding 12 months; and the bill will only qualify for adjustment if the bill is more than twice as high as the highest bill for any single billing period in the preceding 12 months. D. Furthermore, the code requires that the affected water system must be, “located between the city’s water meter and owner’s residence or structure.” This language has proved confusing for both the public and City staff, especially when there is a leak at the point of contact with the structure, or when the bill is due to an unexplained, abnormal water meter reading. This confusion is compounded by the fact that the same requirements are listed in two separate sections of Chapter 7.02 of the Kent City Code (KCC). E. Lastly, the Finance Director currently determines whether or not to grant the requested reduction; proof of repair work is still required, which may require staff to conduct on-site inspections and review of invoices for parts and/or labor; and an aggrieved owner may appeal the Director’s determination to the City Council’s Operations Committee. F. After reviewing the problems with the existing structure of the leak adjustment provisions in the City Code, the Finance Department recommends amending the Code to delete the ambiguity regarding the location of the leak; to allow more than one bill adjustment per person; to lower the qualifying threshold level of the unusually high water bill to more 2 Amend KCC 7.02 - Re: Leak Adjustments than twice the average usage in the preceding 12 months, as opposed to the highest usage in the preceding 12 months; to allow adjustments to be made to two billing periods instead of one; and permitting a 100 percent reduction of the difference between the bill(s) to be adjusted and the average usage in the preceding 12 months. In the case of an owner who has less than 12 months’ worth of billing history at the subject property, an adjustment can still be made using additional consumption data. G. The City’s Customer Services Manager will make the initial determination regarding the bill(s) submitted for reduction, and requests for reconsideration may be submitted to the Finance Director. A first-time request will not require proof of repair, but subsequent requests by the same owner for the same property may be submitted on an annual basis, provided that proof of completed repair work accompany all subsequent requests. H. The ordinance also includes an update to the penalty provisions of Chapter 7.02 KCC in order to maintain consistency with other portions of the City Code, along with minor housekeeping changes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Section 7.02.300 of the Kent City Code is hereby amended as follows: Sec. 7.02.300 Water rates within the city. A. Water rates. The following staggered rates apply during the time periods listed below to all water customers within the city limits of Kent. 3 Amend KCC 7.02 - Re: Leak Adjustments Within each time period, the lower rate applies per one hundred (100) cubic feet of water used for up to or equal to seven hundred (700) cubic feet, and the higher rate applies per one hundred (100) cubic feet of water used in excess of seven hundred (700) cubic feet: Effective Date October 1 – April 30 May 1 – September 30 ≤ 700 ft3 > 700 ft3 ≤ 700 ft3 > 700 ft3 01/01/2005 $1.44 $1.95 $1.90 $2.42 06/01/2009 $2.13 $2.89 $2.81 $3.58 01/01/2010 $2.77 $3.75 $3.66 $4.66 01/01/2011 $2.85 $3.86 $3.77 $4.80 01/01/2012 $2.94 $3.98 $3.88 $4.94 01/01/2013 $3.03 $4.10 $3.99 $5.09 01/01/2014 $3.12 $4.22 $4.11 $5.24 All customers are also subject to a monthly demand charge for service and meter, which is as follows: Meter size (inches) Charge Effective January 1, 2008 Charge Effective April 1, 2009 Charge Effective June 1, 2009 Charge Effective January 1, 2010 5/8 x 3/4 $5.26 $6.05 $8.95 $11.64 1 $8.94 $10.28 $15.21 $19.78 1 1/2 $13.64 $15.69 $23.22 $30.19 2 $18.09 $20.80 $30.78 $40.02 3 $38.35 $44.10 $65.27 $84.85 4 $46.47 $53.44 $79.09 $102.82 6 $69.03 $79.38 $117.48 $152.73 8 $88.50 $88.51 $150.63 $195.82 10 $113.03 $129.98 $192.37 $250.08 4 Amend KCC 7.02 - Re: Leak Adjustments Meter size (inches) Charge Effective January 1, 2011 Charge Effective January 1, 2012 Charge Effective January 1, 2013 Charge Effective January 1, 2014 5/8 x 3/4 $11.99 $12.35 $12.72 $13.10 1 $20.37 $20.98 $21.61 $22.26 1-1/2 $31.09 $32.03 $32.99 $33.98 2 $41.22 $42.46 $43.73 $45.04 3 $87.39 $90.02 $92.72 $95.50 4 $105.90 $109.08 $112.35 $115.72 6 $157.31 $162.03 $166.89 $171.90 8 $201.70 $207.75 $213.98 $220.40 10 $257.58 $265.31 $273.27 $281.47 B. Lifeline customers. The city council will establish eligibility criteria for lifeline customers. For lifeline-qualified water service customers within the city limits, the following rates apply for water use per one hundred (100) cubic feet: Effective Date January 1 – December 31 01/01/2005 $0.51 06/01/2009 $0.53 01/01/2010 $0.54 01/01/2011 $0.56 01/01/2012 $0.57 01/01/2013 $0.59 01/01/2014 $0.61 All lifeline rates are also subject to the monthly demand charge for service and meter as set forth in subsection (A) of this section. C. Rate adjustment. 1. Subject to the right of access and inspection by a representative of the city, water service customers of the city may apply 5 Amend KCC 7.02 - Re: Leak Adjustments for a one (1) time rate adjustment for any single billing period under the following circumstances: a. An accidental water leak has been discovered on the subject property; or b. A water line failure has occurred on the subject property; or c. An unexplained, abnormal water meter reading has occurred on the subject property even though subsequent city inspection of the water meter indicates that the meter is functioning properly. This rate adjustment shall not exceed fifty (50) percent of the difference between the total amount of the billing period sought for adjustment minus the customer’s average water usage. For the purposes of this subsection, the average water usage shall be computed by determining the total volume of water consumed, under normal use conditions, during the preceding twelve (12) months and dividing that total volume by the number of times the city would typically read the customer’s water meter in a twelve (12) month period. 2. This rate adjustment is permitted on a one (1) time basis only and can only be applied to one (1) billing period. To be eligible for this rate adjustment, the affected water system must be owned by or subject to the exclusive control of the customer and be located between the city’s water meter and owner’s residence or structure. The bill sought for adjustment must exceed two (2) times the customer’s highest usage in any single billing period during the twelve (12) months prior to the billing period sought for adjustment. 3. Following a request for rate adjustment as provided under this subsection, the city’s finance director, or his/her designee, shall review the request and determine whether or not to adjust the customer’s monthly billing. In order to make a proper determination, city staff shall be 6 Amend KCC 7.02 - Re: Leak Adjustments entitled to access, inspect, and approve the customer’s water system repair prior to granting a rate adjustment. 4. If approved, the city shall make this rate adjustment by issuing a credit to the customer’s account after verification of leakage or water system failure, inspection of water meter and water system, where applicable, and verification of corrective repairs. All repairs shall occur within thirty (30) days of application to the city. 5. The owner may request reconsideration of the decision of the finance director, or his/her designee, by the city council through the city council’s operations committee. SECTION 2. - Amendment. Section 7.02.310 of the Kent City Code is hereby amended as follows: 7.02.310 Water rates outside city. A. Water rates. The following staggered rates apply during the time periods listed below to all customers outside the city limits of Kent. Within each time period, the lower rate applies per one hundred (100) cubic feet of water used for up to or equal to seven hundred (700) cubic feet, and the higher rate applies per one hundred (100) cubic feet of water used in excess of seven hundred (700) cubic feet: Effective Date October 1 – April 30 May 1 – September 30 ≤ 700 ft3 > 700 ft3 ≤ 700 ft3 > 700 ft3 01/01/2005 $1.90 $2.42 $2.32 $2.85 06/01/2009 $2.81 $3.58 $3.43 $4.22 01/01/2010 $3.66 $4.66 $4.46 $5.48 01/01/2011 $3.77 $4.80 $4.60 $5.65 7 Amend KCC 7.02 - Re: Leak Adjustments Effective Date October 1 – April 30 May 1 – September 30 ≤ 700 ft3 > 700 ft3 ≤ 700 ft3 > 700 ft3 01/01/2012 $3.88 $4.94 $4.74 $5.82 01/01/2013 $3.99 $5.09 $4.88 $5.99 01/01/2014 $4.11 $5.24 $5.02 $6.17 All customers are also subject to a monthly demand charge for service and meter, which is as follows: Meter size (inches) Charge Effective January 1, 2008 Charge Effective April 1, 2009 Charge Effective June 1, 2009 Charge Effective January 1, 2010 5/8 x 3/4 $5.26 $6.05 $8.95 $11.64 1 $8.94 $10.28 $15.21 $19.78 1-1/2 $13.64 $15.69 $23.22 $30.19 2 $18.09 $20.80 $30.78 $40.02 3 $38.35 $44.10 $65.27 $84.85 4 $46.47 $53.44 $79.09 $102.82 6 $69.03 $79.38 $117.48 $152.73 8 $88.50 $88.51 $150.63 $195.82 10 $113.03 $129.98 $192.37 $250.08 Meter size (inches) Charge Effective January 1, 2011 Charge Effective January 1, 2012 Charge Effective January 1, 2013 Charge Effective January 1, 2014 5/8 x 3/4 $11.99 $12.35 $12.72 $13.10 1 $20.37 $20.98 $21.61 $22.26 1-1/2 $31.09 $32.03 $32.99 $33.98 2 $41.22 $42.46 $43.73 $45.04 3 $87.39 $90.02 $92.72 $95.50 4 $105.90 $109.08 $112.35 $115.72 6 $157.31 $162.03 $166.89 $171.90 8 $201.70 $207.75 $213.98 $220.40 8 Amend KCC 7.02 - Re: Leak Adjustments Meter size (inches) Charge Effective January 1, 2011 Charge Effective January 1, 2012 Charge Effective January 1, 2013 Charge Effective January 1, 2014 10 $257.58 $265.31 $273.27 $281.47 B. Lifeline customers. The city council will establish eligibility criteria for lifeline customers. For lifeline-qualified water service customers outside the city limits, the following rates apply for water use per one hundred (100) cubic feet: Effective Date January 1 – December 31 01/01/2005 $0.56 06/01/2009 $0.58 01/01/2010 $0.59 01/01/2011 $0.61 01/01/2012 $0.63 01/01/2013 $0.65 01/01/2014 $0.67 All lifeline rates are also subject to the monthly demand charge for service and meter as set forth in subsection (A) of this section. C. Rate adjustment. 1. Subject to the right of access and inspection by a representative of the city, water service customers of the city may apply for a one (1) time rate adjustment for any single billing period under the following circumstances: a. An accidental water leak has been discovered on the subject property; or b. A water line failure has occurred on the subject property; or 9 Amend KCC 7.02 - Re: Leak Adjustments c. An unexplained, abnormal water meter reading has occurred on the subject property even though subsequent city inspection of the water meter indicates that the meter is functioning properly. This rate adjustment shall not exceed fifty (50) percent of the difference between the total amount of the billing period sought for adjustment minus the customer’s average water usage. For the purposes of this subsection, the average water usage shall be computed by determining the total volume of water consumed, under normal use conditions, during the preceding twelve (12) months and dividing that total volume by the number of times the city would typically read the customer’s water meter in a twelve (12) month period. 2. This rate adjustment is permitted on a one (1) time basis only and can only be applied to one (1) billing period. To be eligible for this rate adjustment, the affected water system must be owned by or subject to the exclusive control of the customer and be located between the city’s water meter and owner’s residence or structure. The bill sought for adjustment must exceed two (2) times the customer’s highest usage in any single billing period during the twelve (12) months prior to the billing period sought for adjustment. 3. Following a request for rate adjustment provided under this subsection, the city’s finance director, or his/her designee, shall review the request and determine whether or not to adjust the customer’s monthly billing. In order to make a proper determination, city staff shall be entitled to access, inspect, and approve the customer’s water system repair prior to granting a rate adjustment. 4. If approved, the city shall make this rate adjustment by issuing a credit to the customer’s account after verification of leakage or water system failure, inspection of water meter and water system, where 10 Amend KCC 7.02 - Re: Leak Adjustments applicable, and verification of corrective repairs. All repairs shall occur within thirty (30) days of application to the city. 5. The owner may request reconsideration of the decision of the finance director, or his/her designee, by the city council through the city council’s operations committee. SECTION 3. – Amendment. Section 7.02.370 of the Kent City Code is hereby amended as follows: 7.02.370 Penalty for violation. Any person found guilty of violating this chapter or any part thereof shall be guilty of a misdemeanor, and, upon conviction thereof, shall be subject to a fine not exceeding three hundred dollars ($300). A. Any violation of this chapter constitutes a civil violation under Chapter 1.04 KCC, for which a monetary penalty may be assessed and abatement may be required as provided therein. B. In addition to, or as an alternative to any other penalty provided in this chapter or by law, any person who violates this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to the penalties provided for in KCC 1.04.030. SECTION 4. – New Section. Chapter 7.02 of the Kent City Code is hereby amended by adding a new section 7.02.315, entitled “Water billing adjustments,” as follows: 7.02.315 Water billing adjustments. A. Subject to the right of access and inspection by a representative of the city, a property owner receiving water service from the city may apply for adjustment of a city water bill under the following circumstances: 11 Amend KCC 7.02 - Re: Leak Adjustments 1. A water leak has been discovered on the subject property; or 2. A water line failure has occurred on the subject property; or 3. An inadvertent error on the part of the occupant of the subject property caused excessive water usage; or 4. An unexplained, abnormal water meter reading has occurred on the subject property. This adjustment shall not exceed 100 percent of the difference between the total amount charged by the city for the billing period for which adjustment has been requested, and the average water usage at the subject property. For purposes of this subsection, “inadvertent error” does not include actions constituting knowing or willful neglect. Furthermore, the average water usage shall be computed by determining the total volume of water consumed, under normal use conditions, during the preceding 12 months and dividing that total volume by the number of times the city reads the customer’s water meter. If there is insufficient usage history by the owner at the subject property, the city may use additional consumption history before an adjustment can be made. This additional consumption history may include, but is not limited to: the owner’s prior usage at another location receiving water service from the city; the previous owner’s consumption history; and historical water consumption at comparable properties within the city. B. This water bill adjustment can be applied to no more than two consecutive billing periods. Any bill submitted for adjustment must exceed two times the average usage in the preceding 12 months prior to the earliest billing period for which the adjustment is requested. The property owner must submit a signed application for adjustment, on a form prescribed by the finance director, within 90 days of the last day of the billing period for which an adjustment is requested, in order to be eligible for the adjustment. 12 Amend KCC 7.02 - Re: Leak Adjustments C. Following receipt of an application for a water bill adjustment, the city’s customer services manager, or the manager’s designee, shall review the application and determine whether or not to adjust the water bill based on the criteria listed in this section. In order to make a proper and fair determination, city staff shall be entitled to enter upon and inspect the subject property, if necessary, and shall verify that the water meter serving the subject property does not indicate that excessive water usage is continuing. The customer services manager shall not approve an application for water bill adjustment if the city determines that the water meter shows the continued existence of abnormally high water usage. D. If approved, the customer services manager shall adjust the water bill by issuing a credit to the water service billing account. In the alternative, if the owner no longer owns the subject property or is otherwise no longer legally responsible for the water bill, the city may, upon approval of the finance director, issue a check to the owner in an amount not to exceed what would have been credited to the water service billing account. E. The owner may request reconsideration of the decision of the city’s customer services manager by the city’s finance director. This request must be in writing and delivered to the city no later than 30 days after the customer services manager’s decision is delivered to the property owner. For purposes of this subsection, delivery is deemed complete upon the third day following the day upon which the written determination or request for consideration is placed in the mail, unless the third day falls on a Saturday, Sunday, or legal holiday, in which event service shall be deemed complete on the first day other than a Saturday, Sunday, or legal holiday following the third day. This request for reconsideration must contain all relevant facts and circumstances pertaining to why the owner 13 Amend KCC 7.02 - Re: Leak Adjustments believes that the decision of the customer service manager was incorrect. The finance director shall issue a written decision to the requestor within 45 days of receipt of the request for reconsideration. The finance director’s determination cannot be appealed to the hearing examiner or the city council, and any further appeals may only be made pursuant to applicable state law. F. A property owner may submit an application for adjustment of a water bill only once every 12 months; provided, however, that this does not prohibit an owner from submitting an application for adjustment of two billing periods simultaneously, pursuant to subsection (B) of this section. If a property owner has previously submitted an application for adjustment of a water bill to the city for the same property, the customer services manager will reject any subsequent application that does not also include tangible proof that repair work to correct the leak has already been completed, such as original or certified copies of invoices for parts and/or labor. The city may also enter onto the subject property to confirm that necessary repairs have been made, prior to granting a subsequent request for a water bill adjustment. G. Subsection (F) of this section notwithstanding, a property owner submitting an application pertaining to a property for which that owner has not previously submitted a request for a water bill reduction, or a new owner applying for a water bill reduction pertaining to a property for which a water bill reduction was previously requested by a prior owner, shall be treated as a first-time applicant under this section. The finance director shall not consider an heir, devisee, person related by blood or marriage, an affiliated corporate entity or an entity under common control with a prior owner of the subject property to be treated as a “first-time applicant” for purposes of this subsection. 14 Amend KCC 7.02 - Re: Leak Adjustments SECTION 5. – Retroactivity. This ordinance shall be effective and shall apply retroactively to all billing periods that began on or after March 1, 2016. SECTION 6. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 7. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 8. – Effective Date. This ordinance shall take effect and be in force 30 days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: 15 Amend KCC 7.02 - Re: Leak Adjustments TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2016. APPROVED: day of , 2016. PUBLISHED: day of , 2016. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK p:\civil\ordinance\7.02 - water rate adjustment final.docx 16 Amend KCC 7.02 - Re: Leak Adjustments Agenda Item: Consent Calendar – 7G_ TO: City Council DATE: March 15, 2016 SUBJECT: Agreement with Vision Internet for Content Management System Replacement - Authorize SUMMARY: With over 900,000 annual visitors, the City’s website is its primary communication tool. As such, it is important that the website be easy to navigate so visitors can find important information quickly. For staff, posting regular updates should be simple and easy to perform. Interviews among Council members, department directors and staff reveal concerns with the City’s website and its 1,569 pages, which is double what industry best practices note should be between 600 – 800 pages. Citing inconsistency across pages, lack of information, or too much unnecessary information, broken links, difficulty in navigation, and frustration with visual elements or lack thereof, the need to coordinate and consolidate content is imperative. Currently the City’s website is populated with content by over 60 employees, making a coordinated, easily navigable, visually-pleasing site impossible. Complicating matters is an extremely difficult user interface for those who create the sites content. The site was last updated five years ago. Industry-speaking, websites are out-of- date and in need of a refresh every three to four years. After evaluating 16 different website products, three rose to the top as contenders which could best meet the needs expressed by staff. These were “test driven” by several department representatives who provided great feedback. Since then, a pro/con list was developed that heavily scrutinized these products against the City’s requirements. Vision Internet far exceeded what was provided by the other vendors in terms of their service offerings, customized approach and cost. Vision Internet will provide the following: • User-friendly site, both for visitors and content providers • A site customized to the Kent community based on the pages visited currently • A site that is compatible for mobile devices • Training - how to upload content, how to provide better content, writing for the web and ongoing training • An online survey for the community to gather information regarding their level of satisfaction; identifying common tasks as well as potential goals of our website visitors • A redesign in 4 years, which is considered the maximum website lifespan. MOTION: Authorize the Mayor to sign all necessary documents to enter into a contract with Vision Internet to replace the City’s Content Management System (website) and to develop and implement a new website. • A Content Strategy to help remove usability challenges and provide a user- friendly site architecture and governance model. By moving away from departmental webpages, and towards pages by service, the site will be designed with the visitor as its primary focus. EXHIBITS: 1) Master Agreement 2) IT Position Paper RECOMMENDED BY: Operations Committee YEA: Boyce, Ralph, Thomas NAY: BUDGET IMPACTS: $117,519.70 Technology Fund 2016-0108 vS/PE 1 creating what’s next for the City of Kent Project Name: List of Services Vision will perform the following services for the City of Kent: Website Development Services visionLiveTM Subscription Services Contacts City Project Manager Name: Address: Phone: Email: Fax: City Contract Contact Name: Address: Phone: Email: Fax: Vision Project Manager Name: Kristoffer Von Bonsdorff, or his designee Address: 222 N. Sepulveda Blvd., Suite 1500, El Segundo, CA 90245 Phone: (310) 656-3100 Email: Fax: (310) 656-3103 Vision Contract Contact Name: Contract Administrator Address: 222 N. Sepulveda Blvd., Suite 1500, El Segundo, CA 90245 Phone: (310) 656-3100 Email: contracts@visioninternet.com Fax: (310) 656-3103 2016-0108 vS/PE 2 terms and conditions This Master Services Agreement (“Agreement”) is made and entered into effective as of the date of the last signature below (the “Effective Date”) by and between Vision Technology Solutions, LLC dba VISION INTERNET PROVIDERS (“Contractor”), and the customer which is a signatory hereto (“Client”). Client and Contractor are sometimes individually referred to as a “Party” and collectively as the “Parties.” 1. Services. This Agreement (which includes and incorporates the Addendum(s) attached hereto and Contractor’s acceptable use policy (“AUP”) posted at www.visioninternet.com) sets forth the entire terms and conditions by which Contractor will deliver and Client will receive any and all of the services provided by Contractor, including one or more of the following: website development, visionLiveTM subscription services, maintenance services, and/or other extra work and services (collectively, the “Services”) and supersedes all other written or oral agreements, proposals or understandings with regard to the Services provided for herein. This Agreement is intended to cover any and all Services ordered by Client and provided by Contractor. Contractor will provide Services to Client as requested by Client and as set forth in the applicable Addendum(s) in exchange for payment of related fees specified in such Addendum(s), and compliance with the terms and conditions of this Agreement, and compliance with Contractor’s AUP as such policy may change from time to time. In the event of conflict with an Addendum with respect to the terms of this main body of this Agreement, then this Agreement shall govern. 2. Subsequent Extra Work/Other Services. Additional services not initially covered in this Agreement (including the Addendum referenced above) and extra hours will be presented to Client for approval prior to commencement of work (“Extra Work”). Extra Work will be set forth in an amendment to this Agreement signed by the Parties and designated as Addendum C-1, C-2, etc., as applicable, and such Addendum shall become part of this Agreement when executed by both parties. Such addendum will be billed at Contractor’s then prevailing hourly rates, which are currently as follows: Content Migration, $85/hr; Graphic Production, $95/hr; Quality Assurance, Testing, Debugging, Technical Support, Webmaster Services, HTML Programming, $105/hr; Consulting, Project Management, Database Design, Dynamic Programming, $135/hr; Graphic Design, Training, $125/hr; Straight flatbed scanning will be billed at $10 per scan. Touch up work to images will be billed at the Graphic Design hourly rate. Client shall be responsible for any or all additional fees including, without limitation: photography, stock images, illustration, fonts, scanning, software, applications, online promotion, marketing, copy writing, redesign, change orders, mailings, and fees to any third party vendors if applicable. Calls outside of Business Hours for support services unrelated to the website being down for more than ten (10) minutes will be subject to a minimum fee of $135. 3. Ownership; Limited Licensing of Intellectual Property. 3.1. Designs. Upon payment in full of the website development fees provided under Addendum A, Contractor grants a non-exclusive, non-transferrable, and perpetual license for Client to reproduce, modify or create derivative works for its own use, public display, and use any and all of Contractor’s copyrights in the homepage layout wireframe, sitemap, draft homepage design concept(s) interior page layouts (collectively, the “Contractor Designs”) embodied in Client’s website, which are prepared or caused to be prepared by Contractor under this Agreement. The Contractor Designs provided under this Agreement is licensed and not sold. Client understands and agrees that the Contractor Designs as a whole is an original work of authorship by Contractor and that Contractor shall retain all rights, title, and interests therein. Contractor retains its right to use any web pages developed for the Client in any of its own promotional materials as examples of its work. 3.2. Vision Content Management SystemTM. Contractor also grants a limited, non-exclusive, and non-transferrable license for Client to use the Vision Content Management SystemTM (also known as the Vision Internet Content Management System, VCMT, VCMS and the Vision Content Management Tool , collectively, the 2016-0108 vS/PE 3 “VCMS”), and Dynamic and Interactive Components of the VCMS to the extent necessary for the Client’s use and operation of its website; provided, Client does not modify the VCMS and maintains a visionLive TM Subscription in accordance with this Agreement and Addendum B. The VCMS provided under this Agreement is licensed and not sold, and Client understands and agrees that Contractor shall retain all rights, title, and interests in the VCMS, Dynamic and Interactive Components, and any other Contractor intellectual property not provided for in this Section. 4. Limited Warranty. If Contractor performs Website Development and/or Custom Programming services, Contractor warrants that the deliverables set forth in Addendum A will be conveyed to Client upon transfer of the website to the production server with a public Internet Protocol address (“Completion”). All programming code developed by Contractor within Addendum A is warranted to be free of any errors or bugs that prevent the code from performing as originally intended (“Warranted Problem”) for a period of twelve (12) months from the date of Completion. Contractor will create a backup of the website on the date of Completion. If any Warranted Problem arises while Client or its designee is maintaining the website, Contractor will restore the website back to its condition as it existed at Completion. If Contractor is hosting and/or maintaining the website pursuant to one or more Addendums to this Agreement, Contractor shall restore the website back to its condition as it existed at the day of the most recent backup. Contractor shall provide compiled code upon Client’s request. Contractor shall only be responsible for any costs associated with correcting any unmodified programming code during this twelve (12) month period following the Completion. Except as expressly set forth above, CONTRACTOR MAKES NO GUARANTEE OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING OF MERCHANTABILITY OR FITNESS OF THE SERVICES FOR A PARTICULAR PURPOSE WHATSOEVER, AND USE OF THE SERVICES OR ANY INFORMATION THAT MAY BE OBTAINED THERE FROM IS AT CLIENT'S OWN RISK AS THE SERVICES ARE PROVIDED TO CLIENT ON AN “AS IS” BASIS. In consideration of Contractor’s warranty promises, Contractor’s aggregate liability under this Agreement or otherwise shall not exceed the amount of $117,776 , and Contractor shall not be responsible for any lost profits or other damages, including indirect, incidental, special, consequential or any other damages, however caused. Contractor does not warrant any connection to, transmission over, nor results of us e of, any network connection or facilities provided, nor any third-party applications and software obtained by, for, or on behalf of Client. Except to the extent directly arising out of Contractor’s intentional misconduct or failure to perform obligations under this Agreement, Contractor assumes no responsibility for any damages suffered by the Client, including, but not limited to, server down time, loss of data, loss of business, mis -deliveries, delays, non-deliveries, access speed, or service interruptions of any kind. Client acknowledges that the information available through the interconnecting networks may not be accurate. Contractor has no ability or authority over the material. In addition, Contractor has no liability for the quality, accuracy, or validity of the data/information gathered from the Internet. Use of information gathered through the use of Contractor services is at the risk of the Client. Notwithstanding the foregoing, there shall be no limitation whatsoever on Contractor’s li ability in connection with its indemnity obligations, personal injury or willful, intentional destruction of property, and the foregoing shall not preclude claims up to the full amount payable under the insurance requirements of this Agreement. 5. Rights Regarding Content. Each Party warrants that it holds all rights and/or licenses necessary to display all of the images, data, information or other items supplied by such Party and being displayed on the Client’s web pages during the effective period of this Agreement. Contractor agrees that Client will retain ownership of all information and content (including Client provided logos and images) owned exclusively by Client and provided by Client for use on its website. Client shall supply all necessary information to Contractor in a timely manner in digital format including without limitation copy, text, audio files, video files, pdf files, photographs, artwork and preexisting graphics. Contractor is not responsible for content migrated by Client or any thi rd party. Client expressly authorizes Contractor to display and/or modify any Client supplied images, data, information and other items in connection with the services provided herein. 6. Contractor’s Mark. Client agrees that Contractor may place in the website footer an unobtrusive text link reading “Developed by Vision Internet” or the equivalent. Contractor’s footer text credit shall always be linked to a Contractor web page. 2016-0108 vS/PE 4 7. Indemnity. 7.1. Indemnification of Contractor. Client will defend, hold harmless, and indemnify Contractor, its officers, directors, shareholders, employees, and agents from and against all Costs resulting from any claim of injury to person, damages to property, or monetary damages arising out of Client’s negligence or intentional misconduct or failure to perform obligations under this Agreement. 7.2. Intellectual Property Indemnity. Contractor will defend, hold harmless and indemnify Client against any third-party action, suit, or proceeding (“Claims”) for infringement or alleged infringement of any United States’ letters patent, trademark, or copyright (“Intellectual Property”) contained in Contractor’s VCMS provided under this Agreement. Notwithstanding the foregoing, Contractor shall have no defense or indemnity obligations for Intellectual Property modified by a party other than Contractor, for Intellectual Property modified in accordance with Client’s specifications or instructions, or Claims of infringement bas ed on Client’s other products or other third-party products. 7.3. Indemnification of Client. Contractor will defend, hold harmless, and indemnify Client, its officers, directors, shareholders, employees, and agents from and against all Costs resulting fro m any claim of injury to person, damages to property, or monetary damages arising out of Contractor’s negligence or intentional misconduct or failure to perform obligations under this Agreement. 8. Timing. Estimated times are included for convenience. Actual times will vary depending on Client interaction and participation. However, the Parties agree to reasonably cooperate with one another in all respects including, if applicable, in the construction and design of the website in a timely manner. 9. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the United States of America, and the State of Washington, excluding choice of law provisions thereof. Any cause of action of Client with respect to the services provided hereunder must be instituted within three years after the claim or cause of action has arisen or be forever barred. The Uniform Computer Information Transactions Act or any version thereof, adopted by any state in any form (“UCITA”), shall not apply to this Agreement and, to the extent that UCITA is applicable, the parties agree to opt -out of its applicability pursuant to its provisions. In the event a judicial proceeding is necessary, except for permitted equitable relief, the sole forum for resolving disputes arising under or relating to this Agreement are the State and/or federal district courts located in King County, State of Washington, and all related appellate courts, and the parties hereby consent to the jurisdiction of such courts, and that venue shall be in King County, State of Washington. Each party hereto waives any right to challenge or move the foregoing designated jurisdictions and venue on grounds of inconvenient forum. Service of process may be made in any manner provided for by applicable law. 10. Modification and Waiver. 10.1. Modification. Any modification of this Agreement is valid only if the modification is in writing and signed by both Parties. 10.2. Waiver. The waiver by one Party of any term or condition of this Agreement, or any breach thereof, shall be in writing and shall not be construed to be a general waiver by said Party or as a wa iver of any other term or breach. 10.3. Conduct. Neither the course of conduct between the Parties nor any trade practice shall act to modify the provisions of this Agreement, except as expressly stated herein. 11. Confidentiality. Except as permitted by law, Contractor activities and all discussions regarding Client website development, including without limitation demonstrations, know -how, techniques, designs, specifications, drawings, compilations, diagrams, models, samples, flow charts, bu siness, strategic and marketing 2016-0108 vS/PE 5 plans, and other technical, financial or business information of Contractor, shall be treated as confidential and shall not be disclosed to parties other than representatives of Contractor and the authorized representatives of Client, and shall be used only in furtherance of the Services provided under this Agreement. 12. Authority. With the intent to be legally bound, each of the undersigned hereby covenants and acknowledges that he or she (a) has read each of the terms set forth herein, (b) has the authority to execute this Agreement and each initialed Addendum for such person or entity, and (c) expressly consents and agrees that the entity upon behalf of which the undersigned is acting shall be bound by all terms and conditions contained herein. 13. Interpretation. It is understood and agreed that if any interpretation is to be made of this Agreement, the same shall not be construed for or against any of the Parties. 14. Counsel. The Parties have each been advised to seek independent legal counsel in entering into this Agreement and the transactions described herein. In the event a Party chooses not to seek independent legal counsel, that Party does so freely and knowingly and waives any such rights to counsel. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. 15. Attorney Fees. Should a dispute, including but not limited to any litigation or arbitration be commenced (including any proceedings in a bankruptcy court) between the Parties hereto or their representatives concerning any provision of this Agreement, or the rights and duties of any person or entity hereunder, each Party shall be responsible to pay all its attorney’s fees and court and expert costs incurred by reason of such action. 16. Independent Contractor Relationship. The relationship of Contractor, including, without limitation, its employees and subcontractors) with Client is that of an independent contractor and nothing in this Agreement and/or any Addendum shall be construed to create a partnership, joint venture, or employer -employee relationship. Contractor acknowledges and agrees that neither it, nor any of its employees or subcontractors, is or shall be an agent of Client and none of the foregoing is or shall be authorized to make any representation, contract, or commitment on behalf of Client. 17. Counterparts. This Agreement may be executed in counterparts, each of which shall be an original and all of which together shall constitute one and the same Agreement. 18. Force Majeure. Any delay in the performance by either Party hereto of its obligations hereunder shall be excused when such delay in performance is due to any cause or event of any nature whatsoever beyond the reasonable control of such Party, including, without limitation, any act of God; any fire, flood, or weather condition; any computer virus, worm, denial of service attack not caused, issued or transmitted by or through Contractor’s software or services provided under this Agreement ; any earthquake; any act of a public enemy, war, insurrection, riot, explosion or strike; provided, that written notice thereof must be given by such Par ty to the other Party within twenty (20) days after occurrence of such cause or event. 19. Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 20. Headings. The titles and headings of the paragraphs of this Agreement have been inserted for convenience of reference only and are not intended to summarize or otherwise describe the subject matter of such paragraphs and shall not be given any consideration in the construction of this Agreement. 21. Survival. The terms and conditions of Sections 4 (Limited Warranty), 7.2 (Intellectual Property Indemnity), 9 (Governing Law & Venue), 11 (Confidentiality), 15 (Attorney Fees), 21 (Survival) and 24 (No Hire) shall survive any termination or expiration of this Agreement. 2016-0108 vS/PE 6 22. Cooperative Programs. Contractor shall agree to offer the prices and terms and conditions offered herein to other state, local, county, education, and municipal government agencies in the United States who wish to participate in a cooperative purchase program with Contractor. 23. No Third-Party Beneficiaries. This Agreement shall not confer any rights or remedies upon any person or entity other than the Parties and their respective successors and permitted assigns. 24. No Hire. During the period Contractor provides any Services to Client and for one (1) year thereafter, Client shall not, directly or indirectly, solicit or offer to hire, hire, or retain as an employee or contractor persons employed or retained then or within the preceding six (6) months by Contractor (or any of its affiliates), without Contractor’s prior written consent in each instance ; provided, nothing contained herein shall prevent employment of any person who responds to a general media advertisement or non-directed search inquiry, or who makes an unsolicited contact for employment . If Client violates this Section and hires or retains any such person(s), then Client shall immediately pay to Contractor, as liquidated damages, an amount equal to the annual gross compensation (including all salary, commissions, and bonuses, whether paid in cash, equity or otherwise) paid to or earned by the applicable person(s) in the preceding twelve -month period. 25. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties named herein and their respective successors and permitted assigns. No Party may assign either this Agreement or any of its rights, interests or obligations hereund er without the prior written approval of the other Party hereto, except that Contractor may assign this Agreement without Client’s consent to an “Affiliate” of Contractor or in connection with an acquisition of Contractor, merger (whether Contractor is the surviving or disappearing entity) or consolidation of Contractor with another entity, or in connection with the sale, assignment, or majority transfer of any stock, membership or other ownership interest in Contractor . “Affiliate” shall mean (a) a domestic entity formed, existing and governed pursuant to the laws of one of the fifty (50) states of the United States of America (or the District of Columbia) controlling, controlled by , or under common control with Contractor. Contractor shall notify Client of an assignment to Contractor’s Affiliate within a reasonable time after such assignment. 26. Term. This Agreement will remain in effect for 5 years from the Effective Date. Thereafter, it will renew for successive 1 year periods, unless either Party refuses such renewal by written notice 30 or more days before the end of the current term. Client shall permanently delete all copies of the VCMS upon termination of this Agreement. 27. Notices. All notices under this Agreement shall be in writing and effective on the date of delivery if delivered by personal service, Federal Express, or facsimile; or effective three (3) days after deposit in first class U.S. mail, postage prepaid, to each Party as indicated on Page 1 of this Agreement. 28. Invoices. Contractor will submit itemized invoices to Client for the payments required by the applicable Addendum(s), and all invoices will be due and payable within 30 days. Payments not received by Contractor 30 days after the date of the invoice will be considered delinquent. Returned checks are subject to a charge of $25.00. Client agrees to be liable for all costs of collection of any delinquent invoices including, but not limited to, collection agency fees, reasonable attorneys’ fees, and court costs. 29. Insurance. During the term of this Agreement, including any extensions, Contractor shall provide insurance of the type and in the amounts described on Exhibit A-1. Signatures follow. 2016-0108 vS/PE 7 IN WITNESS WHEREOF, the Parties have caused this Master Services Agreement to be signed by their duly authorized representatives and given effect as of the “Effective Date” below. “Client” “Contractor” CITY OF KENT VISION TECHNOLOGY SOLUTIONS, LLC, DBA VISION INTERNET PROVIDERS Signature: Signature: Name: Name: David M. Nachman Title: Title: Chief Executive Officer Date: Date: ________________, 2016 Addendums: A Website Development Services (and/or Other Services, if applicable) B visionLiveTM Subscription Services C Extra Work (if and when applicable): not applicable at this time. D Maintenance Services: not applicable. 2016-0108 vS/PE 8 Addendum A website development services Included Services Pursuant to the terms herein, Contractor agrees to provide website development services as provided below in exchange for payment of fees and compliance with the terms and conditions of this Addendum and the Agreement. Website development services include the following: Content Consulting Plus 2016-0108 vS/PE 9 Advanced Website Analysis Package 2016-0108 vS/PE 10 Navigation and Graphic Design. The Contractor will consult with Client on how to organize Client website content. Based on this consultation, the Contractor will create a homepage layout wireframe that shows the placement of key information and dynamic content. The Client will review the homepage layout wireframe and may provide fee dback to Contractor. The Contractor will then provide Client with one draft homepage design concept via Client-accessible software or as an email attachment (“Delivery”). The Contractor will revise the homepage design concept. After Client reviews the final homepage design concept, the Contractor will provide three interior page designs per standard layouts available through Contractor’s template builder and VCMS widget requirements. The Contractor will deliver the following: One homepage design concept Approved homepage design Up to three interior page templates Mobile Homepage Enhancement Contractor will create a new and unique mobile homepage for Client. This enhancement includes the following: A new background for the mobile homepage. The mobile homepage will consist of an upper and lower section which will be quick launching links and will be programmed to easily be modified through a new Custom Content section; users will have the ability to modify, add, and remove any buttons as well as manage the URLs of each individual icon/button. The upper section will have iOS like icons in 4x4 layouts where we will design the initial sixteen icons. The lower section will be a more traditional style buttons similar to the mobile site of West Hollywood, CA (www.weho.org), but without the expansion/collapse capabilities. Contractor will create the initial six buttons. Icon and button titles to be determined based on consultation with Client. Scrolling will be vertical, not horizontal. Vision Content Management SystemTM Interactive Components and Features. The Contractor will implement Client’s website using the VCMS. Customization of the VCMS includes the frontend graphic design and layout as well as adding or subtracting fields. The VCMS will be implemented with the components provided under Addendum B. Integration of Third-Party Components and Databases. Google Translate Integration Contractor will implement the free Google Translate link in the website. This link will direct website visitors to the Google Translate website. Contractor will provide links at the top of the homepage that allow for easy navigation between the different language sites. Online Payment Integration The Online Payments functionality is a core tool integrated into the VCMS, and used by other components requiring online transactions. It include s integration with an online transaction service where transaction information would be transmitted securely to a third-party vendor. This vendor would then process the credit card or e-check and transfer the funds from the transaction to Client’s bank account. A recording of each transaction is logged into a local database for reconciliation with the transaction r eport made available from the vendor. Transactions recorded within the central database would also be associated with the transactions by different applications using the tool. For security reasons, however, credit card information will not be stored into the database. Transaction based forms and/or functions are an additional cost beyond the Online Payments tool. Client will be responsible for fees paid to 2016-0108 vS/PE 11 third-party online transaction services. Our standard online payment services are Authorize.Net and PayPal. Integration of other services may result in additional fees. SMS Component On the standard eNotification page, users will be able to opt in to receive SMS text messages and enter their phone number. Users will also be to sign up for email notifications and choose categories. The backend user will be able to create and send out SMS text messages to SMS subscribers. The backend user will be able to view a list of SMS subscribers, and add, edit or delete subscribers. Basic statistics will be available for SMS messages and subscribers. All text messages will be sent via a third-party SMS text messaging service provider. Please note that this is a third-party tool that requires a separate client account with the third-party service provider. Client shall be responsible for all SMS text messaging charges. Streaming Video Center The Streaming Video Center includes video streaming for up to 25 meetings per year, with an average of 4 hours per meeting, and up to 120 hours of specialty content per year. Contractor will not be responsible for any changes that a third-party tool makes to its system or its functions. Contractor will not provide technical support for any third-party tool in the event that the feature is unavailable or malfunctions. If changes are made to the third-party API, Contractor will not be able to provide immediate service to accommodate whatever changes are necessary. Client requests to accommodate changes to the applicable API will be treated as Extra Work. Additional HTML Template The Contractor will provide Client an HTML template that vendors of third-party components can use. Contractor will also integrate links to these third-party components into the overall website navigation. Additional web-interfaces with third-party databases and systems are outside the scope of work of this Addendum A. Website Development Fees Client agrees to pay Contractor for Website Development as follows: 1. Price. Contractor agrees to perform work set forth in this Addendum A for $76,830. Service Cost Website Development Package 3 consecutive days onsite consultation sessions Navigation and Graphic Design VCMS Up to 1,000 pages of content migration Integration of third-party tools 3 consecutive days onsite training sessions $42,180 Content Consulting Plus Package (2 onsite days) $17,500 Advanced Website Analysis Package $3,000 Search Engine Registration $270 Mobile Homepage Enhancement $4,500 Approval Cycle $4,630 Document Central PDF Converter $1,750 2016-0108 vS/PE 12 visionSearch $1,000 Responsive Design $2,000 Total $76,830 2. Payment. Contractor will submit itemized invoices to Client for the payments required by this Section, and all invoices will be due and payable within 30 days: (a) An initial payment equal to 40% of the total cost; (b) A payment equal to 20% of the total cost upon Contractor’s Delivery of the draft homepage design concept to the Client; (c) A payment equal to 20% of the total cost upon implementation of the website into the VCMS on a Contractor-hosted development server; and (d) A payment equal to 20% of the total cost upon Completion; provided, however that Client has completed training. If Client has not completed training, then Contractor shall invoice Client at the earlier of: (i) completion of training, or (ii) 21 days after Completion. 3. Non-Contractor Hosting. If Contractor is not providing hosting services under Addendum B then, at Client’s request, Contractor will assist Client with setting up the website on Client’s server. A flat rate of $475 for up to four hours of Technical Support will be charged for assistance in setting up the website according to Contractor’s Standard Hosting Procedure. Any additional work will be billed at the Technical Support hourly rate. Additional Website Development Terms and Conditions 1. Client understands and agrees that Contractor will develop website frontend to be compatible with Internet Explorer 9, 10, and 11, and the latest released versions at the time of Completion of: Firefox, Chrome, and Safari. Website backend will be compatible with Internet Explorer 9, 10, and 11, and the latest released version of Firefox at the time of Completion. Website may not be compatible with previous or future versions. Website backend will be optimized for 1024 x 768 pixels resolution or above. Client understands and agrees that the website will be developed with Hypertext Markup Language (“HTML”), CSS, JavaScript, and Microsoft ASP.NET (“MS-ASP”) interfaced with a database created in Microsoft SQL Server (“MS-SQL”). Client understands and agrees that the website is developed to run on a Microsoft Windows Server 2012 (“MS-Server”), or later. visionMobileTM, if provided under this Agreement, will be compatible with the latest released versions at the time of Completio n of iOS Safari, Android Chrome, and Windows Phone 7 Internet Explorer. visionMobile TM may not be compatible with previous or future versions. visionMobileTM, if provided under this Agreement, shall include “Powered by Vision Internet” in the footer and always be linked to a Contractor web page. Client is responsible for the costs of all software licensing. All of the web browsers listed in this section, and any others added by Contractor at its discretion are herein referred to collectively as the “Supported Web Browsers”. 2. Client understands and agrees that the website frontend and content migrated by Contractor will be designed to be compliant with Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998 (P.L. 105-220), hereinafter referred to as “Section 508” guidelines on accessibility as follows: Compliance standards will be verified via SortSite™ to be compliant to automatic checkpoints prior to Completion. Client understands and agrees that website backend and third party tools may not be Section 508 compliant. Contractor is not responsible for content migrated by Client or any third party. 2016-0108 vS/PE 13 Addendum B visionLiveTM subscription services plus edition Subscription Services Pursuant to the terms herein, Contractor agrees to provide Hosting Services, VCMS Licensing Services, and Support Services (collectively “Subscription Services”) as provided below. Contractor will provide Subscription Services to the Client in exchange for payment of fees and compliance with the terms and conditions of this Addendum and the Agreement. Subscription Services include the following: Hosting Services. Contractor will provide shared website hosting on a Microsoft Windows Server and shared database hosting on a Microsoft SQL Server for one (1) unique VCMS website. The shared server hosting service includes: SOC-certified datacenter Full hardware redundancy Redundant generator backup Daily data backups Intrusion protection 24/7 monitoring 99.9% uptime DDoS mitigation service Up to 275 GB of website content storage; provided, however, Client executes the Agreement on or before March 25, 2016. If Client executes the Agreement on or after March 26, 2016, then the hosting service shall include 250 GB of website content storage. Standard disaster recovery service with 90 minute failover Premium Disaster Recovery Services. Contractor will provide, in a separate colocation facility (“DR Facility”), shared website hosting on an additional Microsoft Windows Server and shared database hosting on an additional Microsoft SQL Server for one (1) unique VCMS website. The Premium Disaster Recovery Service includes: o Data replication from primary hosting facility to DR Facility initiated every 5 minutes at minimum o In the event of failure in primary hosting facility, website recovery in DR facility within 5 minutes or less after failure VCMS Licensing Services. Contractor will provide a license to the Plus edition of the VCMS, which includes the following functionalities indicated by the applicable check marks: 2016-0108 vS/PE 14 2016-0108 vS/PE 15 2016-0108 vS/PE 16 Additional Interactive Components and Features Approval Cycle Document Central PDF Converter Extranet Responsive Design with visionMobileTM visionSearch VCMS Licensing Services include: Periodic functional enhancements. New visionLiveTM Interactive Components that may be released from time to time by Contractor. Bug fixes to the VCMS code. Updates to provide compatibility to future versions of Supported Web Browsers (as listed in Addendum A) within three months of their release. Compatibility with previous versions of Supported Web Browsers is not guaranteed. VCMS Licensing Services do not include: Optional Interactive Components. Modules, Programs, or Software Applications. Conversion to new platforms. Modification of third-party products. Compatibility with Client’s third-party products. Website design services. All other services not expressly provided for in this Agreement and its applicable Addendum(s). Support Services. Support Services is defined as technical support, account management, and education and training for the VCMS. Contractor will provide Support Services to a designated Client account manager, system administrator or webmaster. Technical support is generally available by email and telephone from 6:00 AM to 6:00 PM Pacific Time Monday through Friday excluding holidays (“Business Hours”), with emergency support available 24 hours a day, 7 days a week. An emergency is defined as Client’s website being down for more than ten (10) minutes. Support Services also include: Dedicated Account Manager Account Management* o Semi-annual account reviews (Health Checks) o Semi-annual site analytics report o Semi-annual graphics site audit o Up to 30 hours of site improvement credits** Education and Training o Training and best practices webinars o Access to On-Demand Training Library o On-going new user training (via remote meeting service) o Monthly office hours (via remote meeting service) * Health Checks, Site Analytics Report and Graphics Site Audit will not be performed until the second year of the Agreement and every year thereafter. ** Thirty site improvement credits will be available beginning the second year of the Agreement and every year thereafter. Any unused hours in a given year may be carried over to the following year. Customizations. The following are customizations provided in Client’s project: None. Unless Client has retained other Services from Contractor under the applicable Addendum, Client is solely and exclusively responsible for all services not expressly provided for in this Addendum. Any changes, alterations or 2016-0108 vS/PE 17 modification requested by the Client to its Website may be subject to a fee to be quoted by a Contractor representative at the time of the request. Client may, at any time, upgrade from its current edition to either a Standard or Plus Edition, as applicable. Client may not, during the I nitial Term (defined below) or any renewal term, downgrade from its current edition to either a Standard or Basic Edition, as applicable. Client acknowledges that the Subscription Services may be modified or improved because of the dynamic nature of techn ology. Contractor may, from time to time, make minor modifications to the Subscription Services, as a whole or any part thereof. Such minor modifications may be implemented at any time and without notice to Client. Continued use of the Subscription Services following any modification shall constitute binding acceptance of the modification. Subscription Fees Rate: All Subscription Services provided for the Client during the first year of the Agreement shall be at no cost to Client. Contractor shall invoice Client $9,500 per year beginning the second year of this Agreement, which rate shall be increased by five percent (5%) per year, for each year of the Agreement Term, and any an d all renewal terms. Contractor shall invoice Client annually every year thereafter, including any renewal term. All invoices will be due and payable by Client within 30 days. Websites exceeding 250 GB of storage shall be subject to an additional monthly fee of $50 per 5GB increment. 2016-0108 vS/PE 18 Addendum C-_ extra work Sample Only. This Addendum is made and entered into by Vision Technology Solutions, LLC (“Contractor”) and CLIENT, STATE (“Client”) as of the date of full execution. Contractor and Client hereby mutually acknowledge and agree that: 1. On DATE, Contractor and Client entered into the Master Services Agreement (“Agreement”), incorporated herein by reference. 2. The Agreement, including all other terms and conditions therein, shall continue in effect. 3. In the event of any conflict or inconsistency between the provisions of this Addendum and the Agreement, the provisions of this Addendum shall control only to the extent of the services provided in this Addendum, and not any other subject matter covered by the Agreement. Included Services Extra Work Fees Client agrees to pay Contractor as follows: 1. Price. Contractor agrees to perform work set forth in this Addendum for [$a,bcd]. 2. Payment. Contractor will submit itemized invoices to Client for the payments required by this Addendum, and all invoices will be due and payable by Client within 30 days: (a) An initial payment equal to 50% of the total cost; and (b) A payment equal to 50% of the total cost 21 days after completion of the services in this Addendum. OR Payment. Contractor will submit an itemized invoice to Client for the payment required by this Addendum, and the invoice will be due and payable by Client within 30 days. IT Department – Position Paper PM/BA: Tricia Callahan Presentation Date: 01/26/16 Form Last Modified: 3/10/2016 Page 1 of 5 TOPIC TITLE: CMS Replacement Project SITUATION Our current CMS platform is built on the Ektron CMS400.net platform which was purchased at the end of last year by the private equity firm Accel-KKR, who also owns the competing CMS platform EPiServer. While Ektron CMS400.net is still currently “supported” (see support issues below) it is for all intents and purposes a dead product. Accel-KKR has announced that they will be merging the two products and moving forward under the EPiServer brand. Existing Ektron customers will eventually have to migrate to the EPiServer CMS platform, which is a more expensive product and will require a complete data migration and redesign of the city website. Both the Ektron and EPiServer platforms are primarily Business-to-Consumer products, with their primary focus on marketing, sales, and ecommerce. As such, all new enhancements to the platforms over the last few years have been focused on ecommerce, marketing, and customer retention functionality, and have therefore been of little use to the city. While at the same time functionality needed to support the city’s primary goals of communication and citizen engagement have either been scaled back or are non-existent. Internal Web Authors find the existing Ektron CMS400.net CMS unintuitive with a poorly designed editing interface that is error prone and cumbersome making it difficult to use. This also makes it hard to train new Web Authors as staff member change responsibilities or leave the city. Several key pieces of functionality that promote communication and citizen engagement, including automatic email notification to content subscribers (eAlerts) and the ability to run accurate reports for surveys and other online forms, are currently broken. Attempts have been made to work with Ektron support to resolve these issues but so far they have been unable or unwilling to resolve the issues. In addition, the layout and design of the city website is in need of an overhaul. Both citizens and city staff find the current design of the city website cumbersome and the organization of content is unintuitive. This makes it difficult for citizens to find the information they are looking for and leads to frustration and drives them to contact city staff to get the information they need. This wastes the time of staff and the public. Since the migration from Ektron CMS to EPiServer platform would be a complete data migration and site rewrite/redesign anyway, this provides us with a perfect opportunity to re-evaluate the city’s CMS needs and research other CMS vendors to find a platform that is a better fit for the city’s communication goals. By focusing our search for a replacement CMS platform on the smaller segment of the CMS market that specializes in the Government and Non-profit market segment, we are looking to find a vendor whose CMS platform has functionality that better supports the city’s strategic goals of communication, citizen participation and citizen engagement. POSITION IT has evaluated 16 different CMS products. The list was narrowed down to 3 products of which we invited representatives from each Department to participate in a demonstration as well as the opportunity to test the products in a sandbox environment. Following these activities, we narrowed the list down to two products. PRODUCT EVALUATION Cost Analysis: CivicPlus VisionInternet CMS Package 109,356 (1000 pages) 20,530 (500 pages) Content Migration – Up to 500 pages n/a 8,500 Content Consulting Package – Plus 15,000 17,500 (2 on-site days) Kick off meeting 10,000 Included in CMS Package (1 hour remote intro call) Advanced Website Analysis 3,600 3,000 Search Engine Registration n/a $270 Approval Cycle n/a $4,630 Document Central PDF Converter n/a $1,750 Google Translation Integration Included in Content Consultation Package Included in Content Consultation Package VisionSearch n/a $1,000 Process roadmap consultation 10,000 Included in Content Consultation Package Public engagement evaluation 7,800 Included in Content Consultation Package Responsive Design (makes all pages viewable from mobile device and tablet) Included in CMS Package 2,000 Home Page view from Mobile Device (app look and feel) Included in CMS Package (GoCitizen Pro Mobile Application) 4,500 (Mobile Home Page Enhancement) Onsite Consultation n/a 4,860 (one day on-site) Onsite Consultation – Additional on-site day 2,500 Onsite Training Program 7,800 (2 days on-site) 3,290 (one day on-site) Onsite Training Program- Additional on-site day 2,500 TOTAL: $154,556 $76,830 IT Department – Position Paper PM/BA: Tricia Callahan Presentation Date: 01/26/16 Form Last Modified: 3/10/2016 Page 2 of 5 Cost Analysis (continued): *NPV = Net Present Value of future costs of each solution over the next 4 years. (4% interest rate) Pro/Con Analysis: CivicPlus VisionInternet Pros Cons Pros Cons Established in 1998 Established in 1995 Dedicated Support Person Dedicated Account Manager Unlimited web pages Unlimited web pages Alt Text (photos) Compliant Alt Text (photos) Compliant 508 Compliant 508 Compliant ADA Compliant ADA Compliant Integration with GIS Software/Google maps Integration with GIS Software/Google maps Not Open Source Not Open Source CivicPlus is a larger company with more resources available to them (~200 employees) VisionInternet is a smaller company with less resources (~52 employees) 1900+ Government Agency Clients 100+ Government Agency Clients Virtual Webmaster Available (5 hours of content updates per month) - Additional cost of $5,700 No Virtual Webmaster Available. CP is a total government solution. They have additional products to assist goverments in other ways: CivicReady (coordinate back end teams during emergencies), CivicSend (Mass Emails), CivicEngage (Government Content Management), CivicHR (full HR suite) Company only does websites Closed Caption (videos) Compliant Closed Caption (videos) – NOT Compliant Unlimited Server Storage Space Limited Storage Space (250 GB) – cost for additional space 5 days of onsite training for up to 20 people 3 days of onsite refresher training 60- 120 days past go-live Scope includes a web-based training session CivicPlus VisionInternet Subscription Fees (annual) 18,591 (subject to annual 5% increase year 3 and beyond) 9,500 (Plus edition- subject to annual 5% increase year 3 and beyond)) Maintenance & support (annual) included included Annual Recurring Training (remote) 2,000 (10K - 3 day on-site Annual Refresher) included Premium Disaster Recovery Option n/a 2,000 NPV of recurring costs (year 2- 4) $73,689.08 $40,689.70 Total upfront costs (year 1) $154,556 $76,830 NPV of recurring costs (years 2 – 4) $73,689.08 $40,689.70 TOTAL NPV OF ALL COSTS: $228,245.08 $117,519.70 IT Department – Position Paper PM/BA: Tricia Callahan Presentation Date: 01/26/16 Form Last Modified: 3/10/2016 Page 3 of 5 CivicPlus Vision Internet Pros Cons Pros Cons Free redesign after 4 years. Cost for making changes to code in the interim. Free redesign after 4 years or make redesign changes gradually using credits to make changes to code (flexible) Process starts at the design stage. Process starts at the UX stage – much more customization to our cities needs. Additional cost associated with making changes to the home page. Ability to change home page background to reflect events or seasons (No limit, included) Pages have responsive design but users lack the ability to optimize the format and make changes. Ability to move, hide and reorder content for mobile site 4 hour disaster recovery time (no other options available) 2 hour disaster recovery time (2K option: Instantaneous Disaster recovery time with premium package) Responsive websites do not present well in mobile mode. (http://www.dublin.ca.gov/ >> side by side view in desktop and mobile mode) Responsive websites present well in mobile mode. Online Community Survey is an additional cost ($7,800) Design Phase includes Online Community Survey Up to 1000p of content development – migrate everything over and then train clients on being better moving forward Up to 1000 pages of content migration –Lean, strategic and nimble with what is migrated Additional cost of $1,000 - Media Center with Live Streaming Video Streaming Video Center included Additional cost of $7,800 for a 2 day on-site meeting to present website to stakeholders Included in budget Content consultation not customized (one-size fits all approach) Content consultations customized to our community using the CoK’s analytics, heatmap results and real examples of citizens in our community to teach the CoK how to write and edit better content. “World Class Government Agent Expert” available but deliverables not well defined (Option 1. During design to launch phase: 2 weeks; 15K Option 2. Prior to design to launch phase: 2 weeks; 28K/ 35K w/o commitment to purchase CP) GoCitizen Pro Mobile Application. Citizens required download app to their mobile device (takes up space on their phones.) Mobile Home Page Enhancement (ie http://weho.org/ vs http://www.goodyearaz.gov/ ) >> 4K (Automatically looks like a mobile phone without having to download an app.) Way to get everyone to interact without requiring their action. Additional cost of (10K-add up to 6 dept per additional day for $2,200) On-site Kick off meeting to discuss design goals, audience goals and meet with dept to discuss project objectives Included in budget IT Department – Position Paper PM/BA: Tricia Callahan Presentation Date: 01/26/16 Form Last Modified: 3/10/2016 Page 4 of 5 Site Examples: • http://www.co.pierce.wa.us/ • http://snohomishcountywa.gov/ • http://issaquahwa.gov/ • http://wa-portangeles.civicplus.com/ • http://burlingtonwa.gov/ • http://www.desmoineswa.gov/ • http://www.ci.bainbridge-isl.wa.us/ • www.jeffersontownky.com • http://www.banff.ca/ • http://www.blueearthcountymn.gov/ • http://www.co.walton.fl.us/ Site Examples: • Example of anchor scrolling – http://www.cityofnorthport.com/ • Example of parallax scrolling - http://www.fortlauderdale.gov/ • Example of tiles - https://portal.ehawaii.gov/ • Example of video background – http://www.iaf.gov/ • http://www.ci.tumwater.wa.us/ • http://www.culvercity.org/ • http://www.ci.palm-springs.ca.us/ • http://www.palmbayflorida.org/ • http://www.ci.seatac.wa.us/ • http://www.maplevalleywa.gov/ • http://www.cityofshoreline.com/ • https://www.wenatcheewa.gov/ • http://www.cityofcashmere.org/ • http://www.sandyspringsga.org/ • http://soldotna.org/ • http://www.mesaaz.gov/ • http://www.reno.gov/ • http://www.provo.org/ IT Department – Position Paper PM/BA: Tricia Callahan Presentation Date: 01/26/16 Form Last Modified: 3/10/2016 Page 5 of 5 RECOMMENDATION It is the opinion of the IT Department that either of these products will meet the business needs and deliver an amazing City of Kent website in 2016. However, IT believes that the content consultation piece that Vision Internet provides will allow the City of Kent to not only deploy a great website but provide us the training and guidance with regards to best practice to ensure that our website is amazing 3-6-12 months AFTER it is deployed. For this reason and the large cost savings over the course of 4 years I strongly recommend that the City of Kent purchase Vision Internet. Next steps recommended: 1.) IT recommends that we schedule two 1-hour sandbox sessions with the same group of web authors that participated in the previous demos/sandbox sessions. The vendor will provide training remotely at these sessions. Following the sandbox sessions, IT will send a brief 5-minute survey to those that participated requesting their feedback on the products. IT will record the results of the survey to present to project stakeholders. 2.) Tricia will schedule a meeting with all project stakeholders to confirm which solution to move forward with (analyzing survey results, requirements matrix and position paper). 3.) Tricia or Michelle will send out an email to those the participated in the demo/sandbox sessions, thanking everyone for their time/effort and let them know what product was selected (and why) and what the next steps will be with regards to their involvement in the design/training phases. 4.) IT will work with the vendor to sign appropriate contracts. (Tricia has the information required to request that we do not need to go through RFP process.) 5.) Once Tricia is connected with the vendor PM and the schedule and deployment plan is confirmed, Tricia will provide status update to project stakeholders and current web author team….More detailed next steps will be communicated to everyone impacted. Revised Schedule: Deliverable Start Date End Date 2nd round of Sandbox Sessions February 1 February 5 Survey sent February 5 Product Selection February 12 Contracts Management February 15 February 26 Product Vision to Launch Time Estimate (~20 weeks) March 1 July 8 City of Kent 2016 Website Launch AUGUST 2016 Supporting Documents: • Requirements Matrix • Product Information on Teamspace • 5 Things Local Government Gets Wrong about Websites – written by Senior Director of Marketing and Strategic Partnerships at Vision Internet Assumptions - The Web Author Team, the content they add/edit and the layout of site will determine the ultimate success of the website. - Estimates include planning, design, programming, marketing setup and launch. - New website will be mobile/tablet-responsive. - Website will be built in a CMS framework to empower non-technical staff to edit most content themselves. - Departments will provide all text content (body copy, product/ team images). Graphics supplied and managed by Multimedia (Refer to Website Online Team structure recommendation on Teamspace.) - As a result of Vision Internet being a smaller company, more hand holding will be available for content editors. This page intentionally left blank. Agenda Item: Consent Calendar – 7H_ TO: City Council DATE: March 15, 2016 SUBJECT: School Zone Traffic Safety Camera Program Fund Expenditures – Authorize SUMMARY: School speed zones are located in areas occupied by a high number of pedestrians, especially before, during, and after school, and driver inattention and speeding can have devastating consequences. The strategic placement of automated traffic safety cameras in school zones has been shown to reduce vehicle speeds, thereby reducing the risks to pedestrians. Funds derived from the use of the cameras are to be used to cover the costs of administering the program. Excess funds will be used for criminal justice-related purposes. The current balance in the fund is in excess of $1 million. The Police Department has researched and determined two items that it wishes to spend funds on: (1) set aside $50,000 for matching funds for the traffic safety grant program, and (2) use $279,000 to replace seven of the Police Department’s aging police vehicles. EXHIBITS: Report detailing how funds will be used under this request. RECOMMENDED BY: Operations Committee YEA: Boyce, Ralph, Thomas NAY: BUDGET IMPACTS: $329,000 to come from the School Zone Traffic Safety Camera Fund MOTION: Approve the expenditure of $329,000 from the School Zone Traffic Safety Camera fund to include $50,000 for matching funds for the traffic safety grant program, and $279,000 to replace seven of the Police Department’s aging police vehicles, and authorize the mayor to sign all necessary documents, subject to the approval of the Police Chief and City Attorney. This page intentionally left blank. SCHOOL ZONE CAMERA FUND PROJECT REQUESTS PRIORITY ITEM DESCRIPTION COST TIMELINE 1 Traffic Safety Grant Program $50,000 2016-2017 2 Police Fleet Upgrade $279,000 2016-2017 TOTAL $329,000 Police Priority #1 Description: Traffic Safety Grant Program – Match Funds Washington State Department of Transportation provides grant funds to local jurisdictions to enhance traffic safety. Projects include Safe Routes to School, encouragement projects to increase walking and biking, and safety enhancements to reduce serious injury and fatal collisions involving pedestrians, bicycles, and vehicles. The grant cycle for the 2017-2019 biennium is now open and Kent is pursuing grant applications. Police and traffic engineering staff are working to identify the most competitive locations and strategies to enhance traffic safety. Justification: Washington State Department of Transportation will give funding preference to those projects that allocate local match funds. More competitive grant applications must identify projects in areas where there are high incidents of serious injury and fatal collisions involving pedestrians/bicycles and vehicles and provide a local match. Impact: Up to $50,000 will be used for match funds for the Traffic Safety grant program. Staff will work to identify the most competitive application based upon pedestrian/bicycle and vehicle collisions. Police Priority #2 Description: Police Fleet Upgrade $279,000 To provide vehicles for additional positions and to replace aging fleet vehicles. Costs include estimated set-ups. • K9 Patrol Tahoe vehicle: One for $65,000 • Ford SUV Interceptors vehicles/Patrol set-up: Two for a total of $80,000 • Ford SUV Interceptors vehicles/Administrative set-up: Two for a total of $70,000 • Ford police sedans: Two for a total of $64,000 Justification: Utilizing a third day-time K9 has been greatly beneficial to patrol operations, aggressively fighting crime and supporting Intelligence Led Policing efforts. Most importantly, it has given us a means to combat day time residential burglaries and prowls by providing a valuable tool to apprehend suspects. Recently, we have dual trained a generalist apprehension dog to also be a narcotic detection dog to assist with narcotic search warrants which will result in more drug finds, prosecutable cases, and more narcotic related seizures. Due to this success, the Chief is expanding the K9 program to four dogs so we can have the benefit of two daytime K9s that can operate seven days a week. The fourth dog will also be dual trained and provide an additional narcotic detection team. With this additional K9 position, the department requires an additional K9 vehicle for the new team. The Kent Police Department has two officers assigned as School Resource Officers. These officers currently are assigned two vehicles that were originally purchased by the Kent School District. Although they are now maintained by the city shops, they were not a fleet allocation. The vehicles are aging; they have become a resource liability for maintenance and are well past their expected life cycle. The department would like to replace these vehicles with Ford SUV Interceptors that are equipped as standard patrol packages (fully marked black and whites, with emergency light bars, and transport cages). The department also has one remaining Neighborhood Response Team vehicle that is aging beyond its lifecycle and in need of replacement. The department would like to replace that vehicle with a Ford police vehicle. Replacement of aging vehicles will reduce maintenance burdens and increase safety. The Kent Police Department was authorized an additional three employees for both 2015 and 2016. As part of the Chief’s personnel manning plan, three of the six positions were allocated to the Investigations and Support Divisions. Two positons are to be detectives to support the growth in patrol and increased case load in investigations and one position was allocated as a Support Services Commander to support the critical operations of recruiting and hiring, as well as accreditation, policy development, and training. All three of these additional specialty and command positions require a vehicle. The department desires to provide Ford police vehicles for the commander and to support the two new detective positions. Impact: By utilizing the School Zone Safety Camera fund, the police department can minimize a negative impact to the city’s capital project fund to provide replacements for aging vehicles and required additional vehicles for newly allocated positions. This page intentionally left blank. Agenda Item: Consent Calendar – 7I_ TO: City Council DATE: March 15, 2016 SUBJECT: Appointment to the Public Facilities District Board - Approve SUMMARY: Approve the appointment of Carmen Goers to the Kent Special Events Center Public Facilities District Board for a four-year term ending March 15, 2020. Carmen Goers is a long-time resident of East Hill. With 25 years in the banking industry, she is currently employed as Vice President for Wells Fargo Bank. Carmen’s areas of interest include education, economic development and an advocate to women and children. Currently she is Chair for the Government Affairs Committee for Kent Chamber of Commerce. It is my pleasure to recommend Carmen Goers for appointment to the Public Facilities District Board. EXHIBITS: None. RECOMMENDED BY: Council President Bill Boyce BUDGET IMPACTS: None MOTION: Approve the appointment of Carmen Goers to the Kent Special Events Center Public Facilities District Board for a term of two years. This page intentionally left blank. Agenda Item: Consent Calendar – 7J_ TO: City Council DATE: March 15, 2016 SUBJECT: Riverview Park Trail Relocation Project – Accept as Complete SUMMARY: In July 2015, the Parks Department contracted with R.W. Scott Construction Company in the amount of $159,316.92 to alter the configuration of the Green River Trail through Riverview Park, effectively relocating the trail within the park. The project manager accepted the project as complete on 12/5/2015, subject to warranty provisions. EXHIBITS: Acceptance Letter RECOMMENDED BY: Parks, Recreation and Community Services Director YEA: N/A NAY: N/A BUDGET IMPACTS: Parks Lifecycle Budget MOTION: Accept the Riverview Park Trail Relocation Project as complete and release retainage funds in the amount of $7,274.75 to the contractor, R.W. Scott Construction Company, upon receipt of all approvals from Washington State. This page intentionally left blank. This page intentionally left blank. Agenda Item: Other Business – 8A_ TO: City Council DATE: March 15, 2016 SUBJECT: Kent School District Bond Issue – Resolution in Support - Adopt SUMMARY: The Board of Directors of the Kent School District has determined that capital improvements to their facilities are required to better serve the needs of the students in the district, and that the bond and proposed improvements are in the best interest of the residents and students of the district. The Board of Directors of the Kent School District will ask the voters to approve its bond measure at the April 26, 2016, special election. EXHIBITS: Resolution, with attachments RECOMMENDED BY: BUDGET IMPACTS: None MOTION: Adopt Resolution No. , in support of the Kent School District No. 415’s April 26, 2016, ballot proposition for the issuance of unlimited tax general obligation bonds. This page intentionally left blank. RESOLUTION NO. ___________ A RESOLUTION of the City Council of the City of Kent, Washington, expressing support for the Kent School District’s Capital Improvement and School Construction General Obligation Bond ballot proposition entitled, “Capital Improvement and School Construction General Obligation Bonds - $252,000,000.” RECITALS A. The Board of Directors (“Board”) of the Kent School District No. 415, King County, Washington, has adopted its Resolution No. 1482, calling for a special election on April 26, 2016, for the issuance, in one or more series, of unlimited tax general obligation bonds in the principal amount of $252,000,000, payable from ad volorem taxes levied against all of the taxable property within the district. B. The Kent School District’s Board determined that various capital improvements to the facilities of the District, including construction of two new elementary schools and 20 new classrooms; fields, tracks, and courts renovations; and other improvements and refurbishments to school facilities. The school board has determined that these improvements are required to better serve the needs of the students in the District, and are in the best interest of the residents and students of the District. 1 Resolution Support – Kent School District Proposition 1 Endorsement Capital Improvement and School Construction General Obligation Bonds C. The Board has stated that the taxes levied will be in excess of the regular property tax levies to pay the principal of and interest on the Bonds, while maintaining the current tax rate. D. City councils are authorized to take collective action regarding ballot measures appearing before the voters so long as the action is taken at a public meeting, the intended action is identified on the agenda and the opportunity for opposing views is given to attendees at the public meeting. E. It is appropriate that the city council support this ballot measure as permitted pursuant to RCW 42.17A.555. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - The Kent City Council supports the Board of Directors of the Kent School District No. 415’s Resolution No. 1482, attached as Exhibit A to this resolution, and the District’s ballot Proposition 1 – “Capital Improvement and School Construction General Obligation Bonds - $252,000,000,” which the Board of Directors of the Kent School District will submit to the voters at the April 26, 2016, special election. The Proposition 1 ballot title and ballot statement are as follows: Proposition No. 1 Kent School District No. 415 Capital Improvement and School Construction General Obligation Bonds - $252,000,000 The Board of Directors of the Kent School District No. 415 adopted Resolution No. 1482 concerning a proposition to 2 Resolution Support – Kent School District Proposition 1 Endorsement Capital Improvement and School Construction General Obligation Bonds finance capital improvements to its facilities. This proposition would authorize the District to construct two new elementary schools and 20 new classrooms, make capital improvements to rooms at numerous schools, improve multipurpose rooms and fields, tracks and courts at numerous schools and; to issue $252,000,000 of general obligation bonds maturing with a maximum term of 20 years and to levy annual excess property tax levies to pay and retire such bonds, all as provided in Resolution No. 1482. Should this proposition be: ☐ Approved: ☐ Rejected: SECTION 2. - The mayor is authorized to take action as necessary and appropriate to implement the directives of this legislation, including forwarding copies of this resolution to the Board of Directors of the Kent School District No. 415, and others as warranted. SECTION 3. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of , 2016. CONCURRED in by the Mayor of the City of Kent this day of , 2016. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK 3 Resolution Support – Kent School District Proposition 1 Endorsement Capital Improvement and School Construction General Obligation Bonds APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. ______ passed by the City Council of the City of Kent, Washington, the ________ day of ____________________, 2016. RONALD F. MOORE, CITY CLERK p:\civil\resolution\ksd bond resolution - support.docx 4 Resolution Support – Kent School District Proposition 1 Endorsement Capital Improvement and School Construction General Obligation Bonds 4846-0730-9868.3 RESOLUTION NO. 1482 A RESOLUTION OF THE BOARD OF DIRECTORS OF KENT SCHOOL DISTRICT NO. 415, KING COUNTY, WASHINGTON, DESCRIBING CERTAIN CAPITAL IMPROVEMENTS TO BE MADE TO ITS EDUCATION FACILITIES; DECLARING THE ESTIMATED COST OF SUCH IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF $252,000,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS PAYABLE FROM AD VALOREM TAXES LEVIED AGAINST ALL OF THE TAXABLE PROPERTY WITHIN THE DISTRICT; PROVIDING FOR THE SUBMISSION OF THE PROPOSITION OF INCURRING SUCH INDEBTEDNESS TO THE QUALIFIED ELECTORS AT A SPECIAL ELECTION TO BE HELD ON TUESDAY, APRIL 26, 2016; PROVIDING FOR THE NOTICE OF SUCH ELECTION; AUTHORIZING THE SUPERINTENDENT TO SUBMIT A REQUEST FOR ELIGIBILITY FOR THE STATE OF WASHINGTON’S SCHOOL BOND GUARANTEE PROGRAM; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO KENT SCHOOL DISTRICT NO. 415 King County, Washington UNLIMITED TAX GENERAL OBLIGATION BONDS PRINCIPAL AMOUNT OF $252,000,000 BE IT RESOLVED BY THE BOARD OF DIRECTORS OF KENT SCHOOL DISTRICT NO. 415, KING COUNTY, WASHINGTON, as follows: WHEREAS, Kent School District No. 415, King County, Washington (the “District”), is a first-class school district duly organized and existing under and by virtue of the Constitution and the laws of the state of Washington (the “State”) now in effect; WHEREAS, the Board of Directors of the District (the “Board”) has determined that certain capital improvements to the facilities of the District are required to better serve the needs of the students of the District; WHEREAS, in order to provide funds to plan, acquire, design, construct, equip and install such capital improvements, the Board hereby deems it necessary and advisable that the District issue and sell in one or more series its unlimited tax general obligation bonds in the principal amount of $252,000,000 (the “Bonds”) to pay the costs of the Project (as defined in Section 2 below), all pursuant to the provisions of chapters 28A.530 and 39.46 RCW; WHEREAS, RCW 28A.530.020 requires that a special election be called for the submission of a proposition to the qualified electors within the District for their approval or rejection prior to incurring such bonded indebtedness and levying such taxes; EXHIBIT A 2 4846-0730-9868.3 WHEREAS, the District will notify the King County Manager of Records and Elections, as ex officio Supervisor of Elections for the District, in compliance with chapters 29A.04 and 29A.40 RCW, of its intention to hold a special election on Tuesday, April 26, 2016, to submit the proposition of the issuance of the Bonds to the qualified electors of the District for their approval or rejection and to levy such taxes; WHEREAS, chapter 39.98 RCW was enacted for the purpose of establishing a credit enhancement program (the “Program”) for voter-approved school district general obligation bonds; WHEREAS, RCW 39.98.040 authorizes the State Treasurer to make a determination that a school district is eligible for participating in the Program under rules adopted by the State Finance Committee; and WHEREAS, to the extent the Program demonstrates savings to the taxpayers of the District, the District wishes to participate in the Program; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED, as follows: Section 1: The Board hereby determines that the best interest of the residents and students of the District requires the planning, acquisition, design, construction and installation of certain capital improvements and betterments to its facilities, together with all necessary appurtenances, fixtures and furnishings therefor, including technology improvements. Section 2: The proposed capital improvements (the “Project”) to be paid for with the Bond proceeds are as follows: (a) the construction of two new elementary schools; (b) the construction of 20 new classrooms; (c) renovation of multi-purpose rooms at various schools; (d) renovation of fields, tracks and courts at various schools; (e) acquire new smartboards; (f) capital improvements to the roofs at various schools; (g) the acquisition and installation of all necessary appurtenances, equipment, fixtures and furnishings of the foregoing, including technology improvements, as deemed necessary by the Board; EXHIBIT A 3 4846-0730-9868.3 (h) the acquisition, construction and installation of all such other capital improvements deemed necessary by the Board; and (i) ancillary costs of planning, engineering, architectural, construction management, attorney’s fees, costs of bond issuance, permits, accounting costs, easements and any other expenses or consultant fees incidental thereto, together with all necessary appurtenances, fixtures and furnishings thereto. Such capital improvements and betterments described in Section 2 above, which do not include the replacement of equipment, are to be more fully described in the plans and specifications to be prepared by the District’s architects and engineers and to be filed with the District. The District anticipates the receipt of financing assistance from the State under chapter 28A.525 RCW in the estimated amount of $5,000,000. The proposed capital improvements to be paid for with the financing assistance are unrelated to the Project and may include, but are not limited to, additional work on projects proposed to be paid for with Bond proceeds, modernizing and equipping the District’s existing educational and administrative support facilities, constructing and equipping new District educational and administrative support facilities, purchasing property for future schools or other District facilities, technology improvements and other capital improvements deemed necessary and desirable by the Board, all in order of priority and in the amount as determined necessary and desirable by the Board. Section 3: If, in the opinion of the Board, the needs of the District change in a manner that results in a circumstance wherein any portion of the above-referenced capital improvements is not required or in the best interests of the District, the Board retains the right not to acquire, construct and install such capital improvements and to reallocate the money originally contemplated therefor to other capital improvements to the District’s facilities deemed more necessary by the Board, or to deposit such money into the District’s Debt Service Fund to make debt service payments on the Bonds outstanding or to call and redeem a portion of the Bonds prior to maturity; provided, any change in use of Bond proceeds shall be in the form and manner required by law. Section 4: The total estimated cost of the capital improvements program adopted by the Board is hereby declared to be approximately $257,000,000; $252,000,000 of which shall be paid, if authorized and empowered by the three-fifths (3/5) majority approving vote of the qualified electors of the District, by the issuance and sale of the Bonds. Section 5: In the event the District has other legally available money or there are Bond proceeds (or interest earnings thereon) remaining after the capital improvements set forth in Section 2 above have been completed or duly provided for, the Board retains the right to make additional capital improvements to the facilities of the District as are deemed necessary and desirable by the Board, or to deposit such money into the District’s Debt Service Fund to make debt service payments on the Bonds outstanding or to call and redeem a portion of the Bonds prior to maturity. Section 6: In the event the Bond proceeds are insufficient to make all of the capital improvements set forth in Section 2 above, the District shall use the available money to pay the EXHIBIT A 4 4846-0730-9868.3 cost of such improvements set forth in Section 2 above deemed most necessary and to be in the best interest of the District by the Board. Section 7: The Bonds, if approved, shall be sold and issued in such amounts and at such time or times as deemed necessary and advisable by the Board all as permitted by law. The Bonds shall bear interest at such rate or rates not to exceed the maximum provided by law at the time they are sold. The Bonds shall mature in such amounts and at such time or times within a maximum term of 20 years from their date of issue but may mature at an earlier date or dates, as authorized by the Board and provided by law. The Bonds shall be unlimited tax general obligations of the District; and, unless paid from other sources, both principal thereof and interest thereon shall be payable out of annual property tax levies to be made upon all taxable property within the District without limitation as to rate or amount. The designation of the Bonds may be changed to reflect the actual date of issuance. The exact date, form, terms and maturities of the Bonds shall be hereafter fixed by resolution of the Board. Section 8: A special election is hereby requested to be called, conducted and held within the District on Tuesday, April 26, 2016, for the purpose of submitting to the qualified electors of the District, for their approval or rejection, the District’s proposal to make the capital improvements specified in Section 2 above; to incur indebtedness; to issue the Bonds to finance such capital improvements; and to levy taxes in excess of the regular property tax levies to pay the principal of and interest on the Bonds. Section 9: The King County Manager of Records and Elections is hereby authorized and directed to call and conduct the April 26, 2016 special election. Such election will be conducted by mail ballot. The procedures and forms to conduct such election by mail ballot shall be prescribed by the King County Manager of Records and Elections in accordance with chapter 29A.40 RCW and chapter 434-250 WAC. Section 10: Pursuant to RCW 29A.36.071, as amended, the King County Prosecuting Attorney is requested to prepare the concise description of the proposition for the ballot title substantially in the following form: EXHIBIT A 5 4846-0730-9868.3 PROPOSITION NO. 1 KENT SCHOOL DISTRICT NO. 415 CAPITAL IMPROVEMENT AND SCHOOL CONSTRUCTION GENERAL OBLIGATION BONDS - $252,000,000 The Board of Directors of Kent School District No. 415 adopted Resolution No. 1482 concerning a proposition to finance capital improvements to its facilities. This proposition would authorize the District to construct two new elementary schools and 20 new classrooms, make capital improvements to roofs at numerous schools, improve multipurpose rooms and fields, tracks and courts at numerous schools and; to issue $252,000,000 of general obligation bonds maturing with a maximum term of 20 years and to levy annual excess property tax levies to pay and retire such bonds, all as provided in Resolution No. 1482. Should this proposition be: □ APPROVED: □ REJECTED: Section 11: In the event the proposition set forth in Section 10 above is approved pursuant to RCW 39.36.020 and Article VII, Section 2(b) of the State Constitution, there shall be levied and collected annual tax levies in an amount sufficient to each year during the life of the Bonds, and until the full payment of both principal thereof and interest thereon, as will provide levy proceeds sufficient in amount to fully pay currently maturing installments of principal and interest on the Bonds as such becomes due. Such tax levies will be in excess of the regular annual tax levies permitted by law. Section 12: The King County Auditor shall prepare the notice of special election which shall be published at least once, which publication shall take place not more than 15 days nor less than five days prior to the deadline for mail-in registration. Such publication shall be in a newspaper of general circulation within the District and in accordance with RCW 29A.52.355. Section 13: The Secretary to the Board is hereby directed to deliver a certified copy of this Resolution to the King County Manager of Records and Elections, as ex officio Supervisor of Elections for the District, no later than February 26, 2016. Section 14: The Board hereby requests that the State Treasurer issue a certificate of eligibility in favor of the District for participation by the District in the Program with respect to the Bonds. The Superintendent of the District is hereby authorized and directed to submit such applications, resolutions and certifications as shall be required by the State Treasurer in reviewing the District’s request for participation. EXHIBIT A 6 4846-0730-9868.3 Section 14: This Resolution shall take effect immediately upon adoption. ADOPTED by the Board of Directors of Kent School District No. 415, King County, Washington, at a regular meeting thereof, held on January 27, 2016. KENT SCHOOL DISTRICT NO. 415 King County, Washington __________________________________________ Karen DeBruler, President __________________________________________ Debbie Straus, Vice President __________________________________________ Agda Burchard, Director __________________________________________ Russ Hanscom, Director __________________________________________ Maya Vengadasalam, Director ATTEST: __________________________________ Dr. Calvin J. Watts Secretary to the Board of Directors ( S E A L) EXHIBIT A 4846-0730-9868.3 * * * * * * * * * * * * * * * CERTIFICATE I, Dr. Calvin J. Watts, Secretary to the Board of Directors of Kent School District No. 415, King County, Washington, hereby certify that the foregoing Resolution is a full, true and correct copy of a Resolution duly passed and adopted at a regular meeting of the Board of Directors of such District, duly held at the regular meeting place thereof on January 27, 2016, of which meeting all members of such Board had due notice, and at which a majority thereof was present; and that at such meeting such resolution was adopted by the following vote: AYES, and in favor thereof, Directors: NAYS, Directors: ABSENT, Directors: ABSTAIN, Directors: I further certify that I have carefully compared the same with the original Resolution on file and of record in my office; that such Resolution is a full, true and correct copy of the original Resolution adopted at such meeting; and that such Resolution has not been amended, modified or rescinded since the date of its adoption, and is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of January, 2016. KENT SCHOOL DISTRICT NO. 415 King County, Washington ______________________________ Dr. Calvin J. Watts Secretary to the Board of Directors ( S E A L ) EXHIBIT A 4846-0730-9868.3 TO: The King County Manager of Records and Elections, as ex officio Supervisor of Elections for Kent School District No. 415, King County, Washington Pursuant to Resolution No. 1464, adopted by the Board of Directors of Kent School District No. 415, King County, Washington (the “Board”), at a regular meeting of the Board held on January 27, 2016, a copy of such Resolution is attached hereto and by this reference made a part hereof, you are respectfully requested to submit the following proposition to the qualified electors of Kent School District No. 415, King County, Washington (the “District”) for their approval or rejection, at a special election to be held on Tuesday, April 26, 2016. The proposition shall be in substantially the following form: PROPOSITION NO. 1 KENT SCHOOL DISTRICT NO. 415 CAPITAL IMPROVEMENT AND SCHOOL CONSTRUCTION GENERAL OBLIGATION BONDS - $252,000,000 The Board of Directors of Kent School District No. 415 adopted Resolution No. 1482 concerning a proposition to finance capital improvements to its facilities. This proposition would authorize the District to construct two new elementary schools and 20 new classrooms, make capital improvements to roofs at numerous schools, improve multipurpose rooms and fields, tracks and courts at numerous schools and; to issue $252,000,000 of general obligation bonds maturing with a maximum term of 20 years and to levy annual excess property tax levies to pay and retire such bonds, all as provided in Resolution No. 1482. Should this proposition be: □ APPROVED: □ REJECTED: The special election shall be conducted by mail ballot; and the procedures and forms to conduct the special election by mail ballot shall be prescribed by the King County Manager of Records and Elections in accordance with chapter 29A.40 RCW and chapter 434-250 WAC. DATED as of January ___, 2016. KENT SCHOOL DISTRICT NO. 415 King County, Washington ________________________________________ Dr. Calvin J. Watts Secretary to the Board of Directors EXHIBIT A Agenda Item: Bids – 9A_ TO: City Council DATE: March 15, 2016 SUBJECT: James Street Improvements Watermain and Landscaping – Woodford Ave. N. to 102nd Ave. S. – Award SUMMARY: This project will replace over 2200 lineal feet of aging water main pipe and connections up James Street with new water main pipe which will help the City provide better, more consistent water service to its customers. The project will also include landscaping improvements in the planter strips along James Street. Over 4000 shrubs will be planted in the planter strips which will be watered by a new irrigation system. Other improvements include 2,000 square yards of sidewalk, 50 new wheelchair ramps, 2,000 lineal feet of pedestrian curb, 3,500 lineal feet of new curb & gutter, traffic signal improvements, new audible pedestrian crossings as well as new driveway, garbage can pads, and bus landings. EXHIBITS: Memo dated March 8, 2016 RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACTS: Work on the water main and its connections will be paid from water funds. The landscaping improvements and other associated work will be paid through Business & Occupation funds. MOTION: Award the James Street Improvements Watermain and Landscaping – Woodford Ave. N. to 102nd Ave. S. project to the lowest responsive bid and responsible bidder, R.L. Alia Company in the amount of $2,070,001.30 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director Address: 400 West Gowe Street Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: February 17, 2016 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: James Street Improvements Watermain and Landscaping – Woodford Avenue North to 102nd Avenue South - Award Bid opening for this project was held on Wednesday March 8, 2016 with three (3) bids received. The lowest responsible and responsive bid was submitted by R.L. Alia Company in the amount of $2,070,001.30. The Engineer's estimate was $2,120,852.20. The Public Works Director recommends awarding this contract to R.L. Alia Company. Bid Summary 01. R.L. Alia Company $2,070,001.30 02. R.W. Scott Construction Co. $2,313,921.43 03. Pape & Sons Construction, Inc. $2,542,899.14 Engineer's Estimate $2,120,852.20 This page intentionally left blank. Agenda Item: Bids – 9B_ TO: City Council DATE: March 15, 2016 SUBJECT: 2016 Asphalt Overlay Project - Award SUMMARY: The City received and opened four bids for the 2016 Asphalt Overlay contract, all under Engineer’s Estimate. The project included streets previously approved by the Council on 10/20/2015. In addition, the bid included overlaying all streets in the Mountain View Place neighborhood (aka Hycroft) and South 236th Street between Lakeside Blvd East and 64th Avenue South, not previously approved. EXHIBITS: 1) Memo dated February 17, 2016 2) Public Works Committee Memo dated March 3, 2016 RECOMMENDED BY: Public Works Committee YEA: Higgins, Ralph, Fincher NAY: N/A BUDGET IMPACTS: Funded from the Business and Occupation and Solid Waste Utility tax. MOTION: Award of the 2016 Asphalt Overlay contract to the lowest responsive and responsible bidder, ICON Materials, in the amount of $3,489,528.50 including the overlay of Mountain View Place neighborhood (aka Hycroft) and South 236th Street between Lakeside Blvd East and 64th Avenue South, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director Address: 400 West Gowe Street Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: February 17, 2016 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: 2016 Asphalt Overlays - Award Bid opening for this project was held on Wednesday February 17, 2016 with four (4) bids received. The lowest responsible and responsive bid was submitted by ICON Materials in the amount of $3,489,528.50. The Engineer's estimate was $4,394,985.00. The Public Works Director recommends awarding this contract to ICON Materials. Bid Summary 01. ICON Materials $3,489,528.50 02. Miles Resources, LLC $3,649,719.30 03. Lakeside Industries $3,655,950.25 04. Watson Asphalt Paving Co. Inc. $4,198,712.70 Engineer's Estimate $4,394,985.00 This page intentionally left blank. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: March 3, 2016 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: March 7, 2016 From: Joseph S. Araucto, P.E. – Pavement Manager Engineer Through: Dave Brock, P.E., Public Works Operations Manager Item 5: Bid Award Recommendation for 2016 Asphalt Overlay Summary: The City received and opened 4 bids for the 2016 Asphalt Overlay contract, all under Engineer’s Estimate. The project included streets previously approved by the Council on 10/20/2015. In addition, the bid included overlaying all streets in the Mountain View Place neighborhood (aka. Hycroft) and S 236 St between Lakeside Blvd E and 64 Ave S, not previously approved. Exhibit: None Budget Impact: Business & Occupation and Garbage Utility tax revenue. Motion: Recommend award of the 2016 Asphalt Overlay contract to the lowest responsive bid and responsible bidder, ICON Materials, in the amount of $3,489,528.50 including the overlay of Mountain View Place neighborhood (aka Hycroft) and South 236th Street between Lakeside Blvd East and 64th Avenue South. 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 1of 7 OFFICE OF THE MAYOR Derek Matheson, Chief Administrative Officer Phone: 253-856-5700 Fax: 253-856-6700 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: 03/10/16 TO: Mayor Cooke Councilmembers FROM: Derek Matheson, Chief Administrative Officer SUBJECT: CAO Report for Tuesday, March 15, 2016 The Chief Administrative Officer’s report is intended to provide Council, staff and community an update on the activities of the City of Kent. ADMINISTRATION • Mayor Suzette Cooke gave her 2016 State of the City Address on Wednesday, March 9. The speech, which emphasized youth, will be available on the city’s website at kentwa.gov/kenttv21. • The Mayor’s Leadership Team held its annual retreat on Friday, March 11, at Lake Wilderness Lodge in Maple Valley. Topics included council retreat debrief (specifically roles/responsibilities/protocols, future retreats, and strategic planning), financial sustainability, and MLT interactions. • The City Council will review alternatives for Pine Tree Park and possibly provide direction to staff at its Tuesday, March 15, workshop. • The Human Resources Department has finalized a job description for a “business strategy and performance analyst” who will lead the city’s strategic planning, performance measurement, and Lean process improvement efforts. The Operations Committee will review the new classification as soon as April. • The Legislature continues to work on supplemental operating, capital, and transportation budgets. Cities are alarmed by the Senate’s proposal to eliminate fire insurance premium tax sharing ($220,000 annual impact on Kent), increase costs at the Basic Law Enforcement Academy, and defund the Municipal Research & Services Center (MSRC), among other things. • On February 23, the City Clerk’s Office, along with key staff from Public Works, Economic and Community Development, Police, Law, and Information Technology gave a Lean report out to Derek Matheson and Ronald Moore on the latest Public Records Request Process Lean. This process was facilitated by Steven Thomson and resulted in a concise and easy-to-follow process map, a simplified means of Page 2of 7 transmitting Police electronic records to the Public Records Administrator, and the team deciding to remove access for remote users of WebQA to increase data security. HUMAN RESOURCES Recruitment - New hires as of March 1, 2016 • Lateral Corrections Officer eligibility list established on 2/24 • Entry Level Corrections Officer eligibility list established on 2/29 • Prepping GIS Analyst position- opening externally beginning on 3/7 • Working on logistics for the Signal Tech in-training position in PW • Inviting applicants for the Entry Level Police Officer interviews that are taking place March 7-11 • Began accepting applications for Radio Technician Assistant and Maintenance Worker II (Street) on 2/29 • Interviews were conducted for Maintenance Worker III- Storm Drainage on 3/1 • Postings have been created for advertising beginning 3/7 for the following positions: o Lifeguard o Senior Lifeguard o Temp. Office Assistant (PW) o GIS Analyst III o Design Engineering Manager • Offer made to Amy Caraballo for the Benefits Analyst position • Conducting entry level oral boards from March 7-11 • Completed Environmental Engineer Tech II interviews; Checkster will be initiated on Tuesday and interviews for finalists to be scheduled for week of 3/21 • Researching Sterling Backcheck as a TPA for background checks Benefits • The City will receive from the Centers for Medicare/Medicaid Services a Retiree Drug Subsidy for 2014 - $47,215.62. (LEOFF I retirees) • Hired Amy Caraballo, 3/21 as the new Benefits Analyst • Conducting the LEOFF I retiree quarterly meeting • Setting up 1094/5C forms in JDE for distribution 3/21 Labor, Classification and Compensation • Halogen continues to roll out to our last couple of departments. Both ECD and Finance are in stages of end user training with supervisors starting work on evaluations. IT, Courts, Legal and Parks are in competency picking stages and have various check points set up with our labor analysts. • On March 14 our office will be running background checks on positions identified in our teamster group that meet the screening criteria cited in RCW. Parks, Public Works and Finance are working on communicating that to our employees in advance and our office will issue an email notification as well. INFORMATION TECHNOLOGY We are in the final steps of decommissioning one of the city’s core network routers (A Cisco 6513 chassis). It was purchased in 2002 and has functioned as one of the Page 3of 7 primary core routers for over 14 years. It has seen and supported large amounts of growth in the city. When it was purchased, it routed communications for 24 connected facilities and 50 servers (not to mention all the city employees). As it was phased out over the last year, it was helping to route communications for 41 connected facilities and 250+ servers. We have migrated/distributed more than 225 physical connections from the router to other core network equipment. Each connection took planning, coordination, and sometimes ‘service outages’ to complete. It has been a true ‘workhorse’ for the city. LAW Prosecution Division Prosecuted a drug forfeiture case where the City prevailed in forfeiting $1362 and 4 weapons. Civil Division The King County Superior Court granted summary judgment to Kent effectively closing South King Holistic medical marijuana collective garden on Friday of last week. Assistant City Attorney, Tammy White, met with Parks staff and prepared a guidance document concerning a new Human Rights Commission regulation regarding the use of restroom facilities by those individuals whose gender identities may differ from their gender assignment at birth. Tammy assisted the Parks Department in preparing legal notifications for its DIY web project that addresses various First Amendment and Free Speech issues. Tammy assisted the Finance Department in preparing the first round of letters to owners whose properties are currently set for foreclosure this fall due to delinquent local improvement district assessments (LID 340, LID 353, and LID 361). Assistant City Attorney Victoria Robben assisted staff in the preparation of 19 Correction Notices, 5 Notices of Violation and 2 Voluntary Correction Agreements. MUNICIPAL COURT The Court continues to utilize our Probation Department’s daily call-in urinalysis program as a monitoring alternative to jail for cases that are drug and/or alcohol- related. The program has steadily grown since its inception several years ago, and currently averages 30-40 individuals at any given time. PARKS, RECREATION, AND COMMUNITY SERVICES Park Operations Park Operations has completed renovation of the Linda Heights playground. The playground re-opened to the community on Friday, March 4. The west restroom at Hogan Fields is experiencing sewer line issues. Crews conducted inspections and made temporary repairs the week of February 22. The restrooms remain open for the interim until a permanent fix can be facilitated. The pond circulation system at Kaibara Park, as well as the pond lining, has started failing. The circulation system is operating in a limited capacity until repairs can be Page 4of 7 made. The extent of repairs necessary for the pond lining to retain its integrity are currently being evaluated. Housing and Human Services The human services funding application cycle opened on March 2. Two workshops were held for organizations interested in applying for funds from 17 cities in King County. Over 180 individuals attended the trainings. The application cycle closes Thursday, April 7. Kent staff led the South King County workshop and continues to serve on the technical advisory team for the online application. Hardy Awadjie joined the City on February 22 under the AmeriCorps Volunteers in Service to America (VISTA) program. He is a Community Engagement Coordinator in the mayor’s office and is supervised by the Human Services Division. Hardy will build city capacity to assess and engage refugee and immigrant communities and increase refugee and immigrant community knowledge of and access to city resources. Hardy is originally from Liberia and is also a veteran of the US Army. Dinah Wilson, CDBG Coordinator, was invited by KSD Superintendent Calvin Watts to become a member of the Kent School District Strategic Plan Refresh Committee. The Strategic Plan is the basis for ensuring alignment of the district’s goals and objectives with student needs. Recreation 2016 Spotlight Series performances are enjoying huge success with the community this spring. The February 26 performance, A Fiddler’s Feast, featured two acclaimed duos – Alasdair Fraser and Natalie Haas, as well as Jay Ungar and Molly Mason. The show was sold out nearly two weeks in advance with an enthusiastic crowd of 365. The next Spotlight Series performance, slated for March 18, features folk-rock singer-songwriter Al Stewart. This popular show is already sold out. The 6th Annual You Me We was held Friday, March 4 at ShoWare Center. This Festival of Free Family Fun had 55 Kent community vendors, 10 local youth performances and over 3,200 in attendance. Kids enjoyed a variety of hands on activities while their parents gathered information about programs and services available within the Kent community. The HERO program and colorful van was unveiled at You Me We Friday night. “Delivering FITNESS and FUN”, HERO is an exciting, high energy mobile fitness and nutrition program coming this spring and summer to schools, day camps, apartments, playgrounds, and neighborhoods. HERO will focus on traditional and non-traditional sports, exercise, and active games as well as nutrition and wellness. Kids and parents are encouraged to go to the HERO website - www.kenthero.com to access the HERO schedule, HERO locations and fun ideas about how to get their family energized, exercised, and eating right! POLICE Staff Changes - hiring/retirement/recruitment/leaves/promotions o Lateral Police Officer David DesJardin started February 16. o A conditional offer to an entry level police officer candidate has been made. o Completed oral boards for corrections officer. Page 5of 7 Significant crime activities/arrests/investigations o Special Investigations Unit made two separate raids on gang related suspects this past week using SWAT. Several arrests for warrants and VUCSA (Violation of the Uniform Controlled Substances Act) were made. o Tuesday, March 1, robbery at the Great Wall Shopping Center. Masked men came in through an open back door, held up an employee who was closing, and then fled. Patrol was able to locate the vehicle from the description. The driver fled, but the two other occupants were arrested. The investigation to ID the driver still continues. o Drive by shooting Sunday, March 6, 3:12am at Rock Creek Landing in Renton. Several rounds fired and no injuries reported. Four suspects were arrested including one juvenile. Detectives are investigating. Major emphasis patrol o There will be a St. Patrick’s Day DUI Emphasis. School issues o Threats that were made via social media to blow up Kent-Meridian HS were investigated by patrol and a suspect has been identified. The case will be referred to the King County Prosecutors office for the filing of charges. Events and awards o Coffee with the Chief Saturday, March 5 at Great Wall Shopping Center went well. There were approximately 20 people that attended including many first timers. o Recruiting and hiring open house Saturday morning, March 5 from 10:00- 12:00 at the East Hill Training Center. About 25 candidates attended, many from diverse backgrounds. o Sergeant Promotional Ceremony for Andy Grove on Friday, March 4. Other o Homicide from June 3, 2013 has concluded after an eight week trial. Four suspects were convicted of Murder 2 and Murder 1st degree - despite uncooperative witnesses great work was done by Detective Wales. PUBLIC WORKS • Street concrete crews are pouring sidewalks on Meeker Street as well as doing asphalt repairs on the Green River Trail. • Signs and Markings Crews are removing illegal signage on James and Meeker overpasses and at bus stops. Litter crews will be removing debris on Riverview BLVD and Veterans Drive. • Vegetation crews are installing rock tips at the traffic island on South 204th St east of 68th Ave S and completing tree removal at 264th Pl. Page 6of 7 • Water Mains and Services: The project to line our 3 million gallon Guiberson Reservoir on Scenic Hill was a success. Staff chlorinated and filled the reservoir to overflow to check for leakage and found that the historical leakage of more than 120 gallons per minute was reduced to 2.5 gallons per minute, with a portion of this being natural occurring groundwater. The reservoir should be back in operation by next week. • Storm crews are working at the Scenic Hill area, and will be cleaning catch basin sumps identified by the NPDES assessments around 244th & 104th. The Assessors will be checking catch basins/manholes in the area of 202nd and 92nd for deficiencies. The repair crew will be fixing two manholes on James. A crew will be out performing a spot repair on a culvert at 22245 104th St. • Sewer crews are working on casting change outs that are planned to take place on West Valley Highway, Scenic Hill on Guiberson and a couple in the north end of the Valley. Operations Personnel o Josh Evans has been promoted to the Maintenance Worker 3 position in Storm. o Kelli Jordan has been selected for the Maintenance Worker 2 position in Signs and Markings. o The Water Department interviews to fill two vacant Limited Hour Part-Time Maintenance Assistant positions on March 9th. Design o 72nd Avenue Extension – Preconstruction meeting is scheduled for Friday March 11th. o James St. Planting and Water Main – Bids were opened yesterday. R. A. Alia is the apparent lower bidder. o 224th St. Phase 1 – JARPA and wetland mitigation plans were submitted to the Corps on March 3rd. AMEC is working on the environmental report due to the oil spill. Deviation for median barrier is being finalized for submittal to WSDOT. o First Ave. North – Project will advertise for bids on March 15th. o Advertising for a new Design Manager and GIS Technician this week. Land Survey o Construction Surveying: Central Ave. South Improvements, Kent Kangley Pedestrian Improvements o Design Surveying: 228th/UPRR Grade Separation, N. Fork Garrison at 212th Ave. (WinCo), 208th Guardrail Monitoring. o Construction: o Central Ave S. Pavement Preservation and Utility Improvements: Water service and water main connections to existing will be impacting customers in the nighttime hours of Wednesday, March 9 and Thursday March 10. A detour will be in place for work in the intersection on Willis St. and Central Ave. o SR 516 to S 231st Way Levee Improvements, Russell Rd Upper Levee – South Reach: The contractor is proceeding with the restoration and landscape work in the vicinity of the Neely House and at the intersection of James St & Russell Rd as weather permits. Page 7of 7 o 72nd Ave Extension: This contract has been awarded to Scarsella Brothers, Inc. The contract is fully executed, and the preconstruction meeting is scheduled for Friday, March 11. o A full road closure with detour of E Titus St from S Kennebeck Ave to Reiten Rd is scheduled for the week of March 14. This closure is for the preplacement of concrete pavement panels impacted by underground utility work that took place earlier this winter. Transportation o Lightning storms on February 29th and March 1st caused four intersections to go to flash mode. These storms damaged three traffic controllers and will need to be repaired. o In 2015, the Legislature approved the Connecting Washington transportation funding package which included the Puget Sound Gateway projects, specifically the SR 509 connection to I-5 and the completion of the SR 167 across I-5 to SR 509 near the Port of Tacoma. These two very large projects will be designed, constructed and funded through 2031. As these projects move forward in the design process, the Steering Committees for each project will make recommendations for the final design. Kent staff is participating on the steering committee for both projects. Environmental o Scheduling second interviews with the final candidates for the Environmental Tech II position. o Performing a final review of the plans and specifications for the Leber Homestead Project for bid advertisement. o Meeting with utilities on the Downey Farmstead Project to plan for relocations. This page intentionally left blank. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION