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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 10/4/2016adccW11411 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 October 4, 2016 This page intentionally left blank. KENT CITY COUNCIL AGENDAS October 4, 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 Regional Animal Services Update Aaron BeMiller 30 min 2017/2018 Budget Process Aaron BeMiller 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. Public Recognition B. Proclamation for Fourth Annual Green Kent Day C. Proclamation for “Releaf” 2016 at Clark Lake Park D. Proclamation for Torklift, Sixth Annual Turkey Challenge E. Watermain Break S. 218th Street Presentation F. Community Events G. Economic and Community Development Report H. 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. 2017-2018 Biennial Budget – Set Date for Second Public Hearing D. 2017-2022 Capital Improvement Plan – Set Date for Second Public Hearing (Continued) COUNCIL MEETING AGENDA CONTINUED E. Comprehensive Plan/Capital Facilities Element Amendment and Update to Kent City Code Chapter 12.13 School Impact Fees – Set Date for Public Hearing F. 2016 Tax Levy for 2017 Budget – Set Date for Public Hearing G. Consultant Services Agreement with Kennedy/Jenks Consultants for Water System Seismic Vulnerability Assessment – Authorize H. Change Order with Scarsella Brothers, Inc. for Mill Creek (West Valley Highway) Water Line and Bridge Repair – Authorize I. King County Waterworks Grant Acceptance – Leber Homestead Arsenic Remediation – Authorize J. Port of Seattle Partnership Program – City Application – Resolution – Adopt K. Write-offs of Uncollectable Accounts – Authorize L. Amendment to the King County Conservation Futures Interlocal Agreement – Authorize M. Naden Avenue Properties Surplus – Resolution – Adopt N. Riverbend Clubhouse HVAC Replacement Project – Accept as Complete 8. OTHER BUSINESS 9. BIDS A. Vactor Solid Waste Disposal 2016 - Award 10. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Collective Bargaining, as per RCW 42.30.140(4) 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) Regional Animal Services Update, Aaron BeMiller 2) 2017/2018 Budget Process, Aaron BeMiller This page intentionally left blank. CHANGES TO THE AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF This page intentionally left blank. PUBLIC COMMUNICATIONS A) Public Recognition B) Proclamation for Fourth Annual Green Kent Day C) Proclamation for “Releaf” 2016 at Clark Lake Park D) Proclamation for Torklift, Sixth Annual Turkey Challenge PUBLIC COMMUNICATIONS CONT. E) Watermain Break S. 218th Street Presentation F) Community Events G) Economic and Community Development Report H) Intergovernmental Reports This page intentionally left blank. This page intentionally left blank. 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 N. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular council meetings of July 5, 2016. 7B. Approval of Bills: Approval of payment of the bills received through August 31 and paid on August 31 after auditing by the Operations Committee on September 20, 2016. Approval of checks issued for vouchers: Date Check Numbers Amount 8/31/2016 Wire Transfers 6791 - 6807 $1,664,412.18 8/31/2016 Regular Checks 706658 - 707055 $3,688,034.05 Void Checks $0.00 8/31/2016 Use Tax Payable $2,023.74 $5,354,469.97 Approval of checks issued for payroll for August 16 through August 31 and paid on September 2, 2016: Date Check Numbers Amount 9/2/2016 Checks $0.00 Voids and Reissues 9/2/2016 Advices 372959 - 373815 $1,489,387.32 $1,489,387.32 This page intentionally left blank. Kent City Council Workshop Minutes July 5, 2016 The workshop meeting was called to order at 5:00 p.m. by Council President Boyce. Councilmembers present: Berrios, Boyce, Fincher, Higgins, Ralph and Thomas. Cross Connection Inspection Policy – Sean Gilbertson, Public Works Engineering presented the drinking water protection program to discuss different things being done to protect our drinking water. Cross connection control prevents contamination of water supply, ensures protection is in place to make sure water does not flow back into the water supply lines. There are Federal Laws, addressed in the Kent City Code section 7.2; also WAC requires a specific backflow connection program. Facilities with backflow connections have annual testing performed to detect problems, and every three years inspections are performed by outside contractors, these inspections are paid for by the individual companies. Each year the Department of Health reports are completed on all connections in the city, cross connection also reviews plans for new buildings to ensure that buildings requiring cross connections have them installed at the time the building is built. Public Works Operations is very involved in wellhead protection which is also drinking water protection at Clark Springs Watershed near the Lansford mine. The city has done some property acquisition around Clark Springs to allow for additional buffering of the water supply. In the 60’s and 70’s items were dumped into the mine which were toxic such as paint and other hazardous materials, the city is working with Department of Ecology and Department of Health regarding the mine, those agencies should be putting out a report this summer. Currently working on a cleanup plan with the Department of Ecology, this cleanup plan will be available to the public once the city receives it. The area has been evaluated by a Hydrologist; there is evidence of seepage from the mine to the water supply at Clark Springs. City goals are to try to compel Department of Ecology that all steps have been taken around this site, also want to know if materials are still in the mine and where will they go, especially in the event of a natural disaster. Sound Transit Update – Update on all things Sound Transit K. Hillridge has been working on the link light rail, working towards a partnership to get this link built. Special thanks to Charlene Anderson for all her help on the update being presented tonight. Sounder Access Improvements will be to add a second garage to Kent Station, the project is now fully funded and proceeding. Sound Transit 2 construction of Federal Way extension between Angle Lake and SeaTac along with design of other link light rail station on 72nd; Sound Transit 3 will be going to the voters for approval in November. The Kent Station Sounder Garage project is currently in the negotiation stage to hire a contract consultant to assist with where garage should be built. There is a strong desire to see this project happen sooner than later, as of now it has a 7 year timeline would like to shave off 2 years. Link Light Rail project working on the development and design for Kent/Des Moines to Angle Lake, currently in the EIS process trying to complete by the end of the year. Sound Transit needs to purchase property for storage of construction material, after completion of project the property could be sold. The crossing at the under pass at I-5 on 272nd needs to be improved making it more inviting for walking. A question regarding staff resources for permitting July 5, 2016 Kent City Council Workshop Meeting Minutes 2 will be challenging, design will be submitted in sections which requires a tremendous amount of time and coordination. Sound Transit understands the staff resources may need to be increased and paid for by Sound Transit. The Station design needs to maximize weather protection, this will be an elevated station, along with high wind in the winter will require a covered station. Looking ahead to Council action, Sound Transit would like to have a discussion with the City of Kent on term sheet out line agreement that will become a building agreement. City will likely need to make some changes to the high capacity code, which the city adopted a few years ago. Sound Transit 3 will have additional funds set aside for bidding to put in more improvements, such as money for Sounder Train to add a greater amount of service. Sound Transit 3 will add roughly $17 per month per adult, sales tax increase breakdown will be 50 cents on $100.00 purchase. The document can be viewed on Sound Transit 3 website. Capital Investment Strategy – Derek Matheson, CAO kick off Capital Investment Strategy update to the Comprehensive Plan about a year ago, and as part of that update the Capital Facilities needs are more than the money available. Capital funding sources have some restrictions by state law, and some by City Council actions, makes it difficult for city wide need as to the funding. The city came up with their own criteria which will be tested with the 2017-2018 budget. There are 152 projects that need to have the criteria applied to them. Hope to have recommendations out in August. Meeting adjourned at 6:59 p.m. Sue Hanson Interim City Clerk Kent City Council Meeting Minutes July 5, 2016 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Berrios, Boyce, Fincher, Higgins, Ralph, and Thomas. CHANGES TO THE AGENDA FROM COUNCIL ADMINISTRATION OR STAFF Add to Consent Calendar 7E Excused Absence for Council Member Budell. Executive Session Property Negotiation under RCW 42.30.110(B)(C) purchase and sale of property. PUBLIC COMMUNICATIONS A. Public Recognition –Councilmember Ralph spoke on Kent Sister Cities, China, Japan and Norway summer student exchange programs. She introduced students here from Norway and the student sponsors from Kent, Ross Principe with Torgeir Turned from Gauler; Derek Ralph from Kent with Rebekka Frammersvik from Naustdal. The four students will be traveling back to Norway on July 11th for a couple of weeks. Councilmember Thomas read a few paragraphs his grandfather had written in 1941, on the Kent Valley. Councilmember Fincher thanked Mayor and Human Services Department, Kent is now nationally recognized for their work in a program where people from other countries who held professional positions in their homeland are paired with professionals in a shadow work program. July employee of the month is Kimberly McArthur, she was hired in 2007 as the Permit Center Manager, she is now Building Services Manager. B. Proclamation for Diversity Employment Day – Bruce Williams, spoke on getting America Back to Work; Diversity Employment Day. There will be a work fair at ShoWare on July 20th and they anticipate hundreds of people in attendance. Last year there were 70 employers over 3,000 candidates for jobs, very productive work fair. C. Proclamation for Parks and Recreation Month – National Parks and Recreation Month is July and the Parks Director, Jeff Watling accepted the proclamation. Watling spoke about the great work the Parks Department did for the 4th of July Splash. Councilmember Ralph commended the Parks Staff and the Police Department for always spending their 4th of July helping with the Splash. D. Community Events – President Boyce spoke about the Seattle Thunderbirds, opening day Saturday October 1st. Three-on-three basketball event at ShoWare July 16 & 17th. Dolly Parton coming on September 21st, show is sold out. July 16th is the Green Work Party at Lake Fenwick. Mayor Cooke thanked the Lions Club for overseeing the Farmers Market and Cornucopia Days many activities including dragon boat races and a 5K run/walk. E. Economic and Community Development Report –Ben Wolters, Director Economic and Community Development congratulated Kimberly McArthur as employee Kent City Council Meeting Minutes July 5, 2016 2 of the month. Kimberly is one of only 3 women building officials in the state of Washington. Update on initiatives exploring Department of Labor Grant America’s Promise in the amount of $2-6 million to provide training in various industries. Real estate update on Panther Lake Shopping Center is now getting a major face lift, in negotiations with King County to add a library in the shopping center. There is a new quick serve restaurant being built in the parking lot. Cancer Centers of America is putting property up for sale where they had considered building one of their centers. Port of Seattle has a grant opportunity application which is due in August. It is a broad category propose one-on-one match up to $65,000, can use for small business, tourism, downtown revitalization. Primary purpose is Economic Development, broader impact on King County and property tax. The City purchased the property on Naden Avenue and the home will be demolished by the end of July. Need to acquire subject to resolution, staff will explore surplus policy on July 19th to discuss letting market place know this property is improving. F. Intergovernmental Reports –Council President Boyce sits on the Public Issue Committee, next meeting is July 13, 2016. Councilmember Higgins sits on the King County Regional Transit Committee next meeting is the third Wednesday in July. Puget Sound Regional Council Executive Board attended this meeting for the Mayor, several discussions most pertinent conditional use of Comprehensive Plan for 5 of the smaller cities in King County, and they are Duvall, Carnation, North Bend, Snoqualmie and Covington. Covington is on the threshold of a small city the cutoff is population of 22,500. Most planners of the Regional Council feel these cities are growing too fast. Councilmember Berrios is on the Puget Sound Economic Community Development Committee will meet in September. Councilmember Ralph on the Subcommittee of Transportation Policy Board, one of the outcomes of cities going beyond growth plans is the inability of the cities to apply for Federal Funding for transportation. Flood Control District preliminary meeting for budget for next year, conversation will continue in August. Councilmember Fincher attended King County Conservation still working on the work plan will present at July meeting. Mayor attended Regional Policy Committee for King County, working on Best Starts for Kids, youth and health issues; City of Kent has about 35 local organizations to look at how they might coordinate programs and funding. PUBLIC HEARING - None PUBLIC COMMENT – Sandy Lynden spoke on ending prohibition on marijuana, it is legal in the State of Washington. Carrie Stark talked about medical marijuana issue, big enough issue to ask that in light of the fact one councilmember is missing. She would like Council to consider putting off the vote until all 7 councilmembers are present. Kent City Council Meeting Minutes July 5, 2016 3 Tyler Page wants to celebrate with you the last day of legal fireworks urge that next year be willing to help turnaround destructive tradition in the City. Anita Veen spoke about on Parks, and the relocation of REI to Bellevue, a much improved habitat for their employees, with a park, greenways, and close to a light rail station. Kent parks are in peril and she would like to see these improved before they deteriorate past the point of rehabilitation. Would like to see B&O tax considered for parks. CONSENT CALENDAR Council President Boyce moved to approve Consent Calendar items A through D, seconded by Councilmember Thomas. Motion carried 6-0 A. Minutes of Previous Meetings and Workshops – Approve. The minutes of the workshop and regular council meeting of May 17, 2016 were approved. B. Complete Streets Code Amendment – Ordinance – Adopt. Ordinance No. 4207 was adopted, amending Title 6 of the Kent City Code, entitled “Public Works,” to add a new Chapter 6.14, entitled “Complete Streets”. C. Crosswalk Recommendations – Set Public Hearing Date. Council set a public hearing on July 19, 2016, to receive public comment on the City’s proposed guidelines for installing and maintaining marked crosswalks. D. Hansen Goodwin Short Plat Bill of Sale – Accept. Council accepted the Bill of Sale for Hansen Goodwin Short Plat, Permit No. RECC-2113053, for: new streets, including 480 linear feet of curb, sidewalk, and paving; frontage improvements, including 540 linear feet of lights, trees, and landscaping; storm sewers, including 1,582 linear feet of 12 inch PVC sewer line, 2 manholes, and 16 catch basins. OTHER BUSINESS A. Zoning Code Amendment – Medical Marijuana Patient Cooperatives – Ordinance – Adopt. Councilmember Ralph moved to adopt Ordinance No. 4208, amending Title 15 of the Kent City Code, related to medical marijuana patient cooperatives, seconded by Council President Boyce. Motion carried 4-2. Roll Call Vote Boyce, Ralph, Thomas, Berrios YES; Fincher, Higgins NO Mayor will not sign Ordinance. Pat Fitzpatrick Deputy City Attorney provided a memo regarding Medical Marijuana Cooperatives enclosed as notes for this matter. Mayor Cooke made a comment that she is very supportive of the new terminology and increased oversight by the state to provide cooperatives, and mentioned that she will Kent City Council Meeting Minutes July 5, 2016 4 take this under consideration. She noted that if she does not veto the ordinance, she will not sign it. The Mayor has 10 days to either veto or not sign the ordinance, if she does not sign the ordinance it will become effective on hat 10th day. BIDS -None REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. – Council President spoke on the items from workshop. Cross connection policy and the drinking water in Kent - happy to know it is perfectly clean and safe. Cross connection controls are on supplies of any water that might be contaminated. Sound Transit updates ask everyone to go to the Sound Transit website see what is coming on the ballot for ST3. Garage at Kent Station was discussed and they are working with a consultant for a 450 stall garage and identifying the location. B. Mayor. – Thanked the public for patience while traveling the streets of Kent. Survived the one week closure of James Street. South Central project is almost complete, next step will be to add greenery. Railroad crossing at Burlington Northern Railroad was testing out their signals; the arms were down way too often and too long. Cultural Committee Board interviews have been going on; we have outstanding candidates, hope to have appointments before the next meeting. Parks Recreation Director last day is July 15th will take 4-6 months to fill this position. During that time Garin Lee and Marina Hanson will serve as Co-Interim Directors for the Parks Department. C. Chief Administrative Officer. – Matheson noted an executive session to discuss purchase and sale of real property, expected time is 30 minutes with no action to be taken afterwards. The CAO written report is in the packet. D. Economic & Community Development Committee. – President Boyce, no report. E. Operations Committee. –Councilmember Ralph discussed two support and maintenance support contracts for Century Link which will save money, and one contract with Oracle which will end up costing more money. Also spoke about four new positions in Information Technology that are project manager type positions. Had a presentation from Chief Thomas using some school zone camera money to provide safety upgrades to KPD bull pen and adding a new substation on Kent Kangley, a place for police to be present in an area where special attention is needed. Property insurance program just under $50,000 reduction on our annual policy. F. Parks and Human Services Committee. – Councilmember Fincher no report, reminder that July 23rd is Orchard Park Green Day. G. Public Safety Committee. – Councilmember Berrios next meeting on July 12th at 4:30 p.m., will be requesting preliminary report on fireworks. Appreciative of job the first responders did on the 4th of July. There were several accidents that occurred, and the coordination between the fire department and police department was very impressive. Kent City Council Meeting Minutes July 5, 2016 5 H. Public Works Committee. –Councilmember Higgins next meeting on July 18th. I. Regional Fire Authority. – Councilmember Thomas next meeting on July 20th at 5:30 p.m. New Fire Commissioner Mike Kimbo moved which created a vacancy and in turn was filled by Margaret Harto. New name of Kent Fire Authority will be Puget Sound Regional Fire Authority it has grown from being Kent Regional Fire Authority. EXECUTIVE SESSION Begin time 8:56 p.m. End Time 9:30 p.m. A. Property Negotiations, as per RCW 42.30.110(1)(b). ACTION AFTER EXECUTIVE SESSION ADJOURNMENT The meeting adjourned at 9:34 p.m. Sue Hanson Interim City Clerk This page intentionally left blank. Agenda Item: Consent Calendar – 7C_ TO: City Council DATE: October 4, 2016 SUBJECT: 2017-2018 Biennial Budget – Set Date for Second Public Hearing SUMMARY: This is the second public hearing for the 2017-2018 biennial budget process. Public input is welcome. EXHIBITS: None RECOMMENDED BY: Finance Director BUDGET IMPACTS: N/A MOTION: Set October 18, 2016, as the date for the second public hearing on the 2017 – 2018 biennial budget at the regular City Council meeting. This page intentionally left blank. Agenda Item: Consent Calendar – 7D_ TO: City Council DATE: October 4, 2016 SUBJECT: 2017-2022 Capital Improvement Plan – Set Date for Second Public Hearing SUMMARY: This is the second of the required public hearings on the City’s 2017 – 2022 Capital Improvement Plan. Public input is welcome. EXHIBITS: None RECOMMENDED BY: Finance Director BUDGET IMPACTS: N/A MOTION: Set October 18, 2016, as the date for the second public hearing of the 2017 – 2022 Capital Improvement Plan at the regular City Council meeting. This page intentionally left blank. Agenda Item: Consent Calendar – 7E_ TO: City Council DATE: October 4, 2016 SUBJECT: Comprehensive Plan/Capital Facilities Element Amendment and Update to Kent City Code Chapter 12.13 School Impact Fees – Set Date for Public Hearing SUMMARY: Kent City Code authorizes school impact fees on behalf of any school district that provides to the City a capital facilities plan; the plan is adopted by reference as part of the Capital Facilities Element of the Kent Comprehensive Plan. The school districts are required to submit their updated capital facilities plans for annual Council review. The City Council holds the public hearing on the school district plans at the same time as the public hearing for the budget, i.e., October 18, 2016. The Auburn, Kent, Federal Way and Highline School Districts have submitted updated Capital Facilities Plans for Council review and consideration. The City of Kent 6-year Capital Improvement Program being considered on the same date also will update the Capital Facilities Element of the Comprehensive Plan. EXHIBITS: None RECOMMENDED BY: Staff BUDGET IMPACTS: N/A MOTION: Set October 18, 2016, as the date for a public hearing to consider amendment of the Capital Facilities Element of the Kent Comprehensive Plan and amendment of Chapter 12.13 Kent City Code to incorporate the updated Capital Facilities Plans of the Auburn, Federal Way, Highline and Kent School Districts, the City’s 2016-2021 Capital Improvement Plan, and changes to adopted school impact fees. This page intentionally left blank. Agenda Item: Consent Calendar – 7F_ TO: City Council DATE: October 4, 2016 SUBJECT: 2016 Tax Levy for 2017 Budget – Set Date for Public Hearing SUMMARY: This is the first public hearing on the 2016 tax levy for the 2017 budget. Public input is welcome. EXHIBITS: None RECOMMENDED BY: Finance Director BUDGET IMPACTS: N/A MOTION: Set October 18, 2016, as the date for the public hearing of the 2016 Tax Levy for the 2017 Budget at the regular City Council meeting. This page intentionally left blank. Agenda Item: Consent Calendar – 7G_ TO: City Council DATE: October 4, 2016 SUBJECT: Consultant Services Agreement with Kennedy/Jenks Consultants for Water System Seismic Vulnerability Assessment – Authorize SUMMARY: An earthquake vulnerability assessment was last conducted for the City water system in 1996. Since 1996, several high magnitude earthquakes have occurred worldwide including the 8.6 magnitude (M) Sumara, Indonesia earthquake (March, 2005); the 8.8M Bio-Bio, Chile earthquake (February, 2010); the 9.0M Sendai, Japan earthquake (March 2011); and the 9.1M Sumara, Indonesia earthquake (December 2004). Recent earthquakes closer to home include the 6.1M Napa, California earthquake (August, 2014) and the 6.8M Nisqually, Washington earthquake (February 2001). These earthquakes have provided engineers and scientists a greater understanding of how to study, model, and predict how infrastructure reacts to ground movement. Kennedy/Jenks will analyze our water facilities (buildings, reservoirs, & sources) and distribution system piping for two locally anticipated earthquake scenarios: the Cascadia Subduction Zone and Seattle fault. The final report will include recommended improvements with planning level cost estimates. EXHIBITS: Consultant Services Agreement RECOMMENDED BY: The Public Works Committee YEA: Fincher, Ralph NAY: BUDGET IMPACTS: Funding for this contract was budgeted through the Water Capital funds. MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Kennedy/Jenks Consultants in an amount not to exceed $180,265 to complete a Water System Seismic Vulnerability Assessment, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and Kennedy/Jenks Consultants, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Kennedy/Jenks Consultants, Inc. organized under the laws of the State of California, located and doing business at 32001 32nd Ave. S., Suite 100, Federal Way, WA 98001, Phone: (253) 835-6400, Contact: Jeffrey Foray (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall assess the seismic vulnerability of the City of Kent's water supply and distribution system. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by June 30, 2017. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Hundred Eighty Thousand, Two Hundred Sixty Five Dollars ($180,265.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant’s services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant’s services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. / / / / / / / / / / / / CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Suzette Cooke Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Jeffrey Foray Kennedy/Jenks Consultants, Inc. 32001 32nd Ave. S., Suite 100 Federal Way, WA 98001 (253) 835-6400 (telephone) (253) 952-3435 (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Timothy J. LaPorte, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department Kennedy/Jenks - Seismic Vulnerability/Bond EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ 1 City of Kent Water Department Seismic Vulnerability Assessment Scope of Services Final Copy - 9/13/16 Introduction This scope of work is intended to define work to be performed to assess the seismic vulnerability of the City of Kent (City) water supply and distribution system. The City water system includes a variety of facilities: • 287 miles of distribution system • 3 transmission mains • 10 sources of supply • 9 storage facilities • 10 interties • 5 pump stations • 14 pressure reducing stations • 8 bridge crossings. The system will be evaluated for two earthquake scenarios, a magnitude 9.0 Cascadia Subduction Zone (CSZ) earthquake, and a magnitude 7.1 Seattle Fault earthquake. A Deep Benioff Zone scenario, similar to the 2001 Nisqually Earthquake was considered, but the ground motions are enveloped by the CSZ event. A Tacoma Fault scenario was considered, but it has a very low recurrence interval on the order of 4,500 years. The assessment will consider each facility and pipeline system for each of the two scenarios. An overall system assessment will be performed, showing the expected performance and recovery time for the particular scenario. The evaluation includes development of Level of Service (LOS) goals based on the LOS goals developed in the Oregon Resilience Plan, which is the recommended standard for northwest projects. The expected performance of the system for the two scenario events will be compared against those goals. Where there are deficiencies, mitigation measures will be developed and rough order of magnitude cost estimates prepared to implement those measures. Three levels of mitigation will be developed, one of which will be the baseline performance coupled with emergency response and recovery program enhancements (i.e., no capital improvements). Project Tasks Task 1 Project Management An internal project management plan will be prepared at the start of the project. The plan will include the project scope, task assignments and deliverables, project organization chart, team roles and responsibilities, communications protocols, project schedule, budget, project procedures including documentation, QA/QC Plan, health and safety plan, and other items as needed. Other PM tasks will include: • Prepare agendas, and draft and final notes for regular team project meetings with City of Kent staff. • Prepare monthly invoices. EXHIBIT A 2 • Coordinate work of prime, subconsultants, and other parties’ input for production and quality assurance/quality control of deliverables. Deliverables - Draft and final meeting agenda and notes, monthly invoices and project status reports. Task 2 Develop Level of Service Goals The Oregon Resilience Plan will be used as a guideline for developing preliminary LOS goals. Recovery time frame goals for 30%, 60%, and 90% functionality will be developed. System function will be grouped into supply, transmission/backbone piping, water for fire suppression, critical services, drinking water distribution at selected areas throughout the service area, and distribution system restoration. A schedule to achieve the LOS goals will be included, which could take 50 years or more for completion. The LOS goals will be compared against the expected performance for the two scenarios, and for mitigation packages. Final LOS goals will be defined after the City has adopted a mitigation program. Deliverables – Draft LOS Goals; Final LOS Goals Input from the City of Kent – review both preliminary and final goals. Move the proposed mitigation packages through the Kent system. Task 3 Quantify Scenario Ground Motions and Earthquake Geotechnical Hazards Ground motions, including site amplification, will be developed for the two scenarios, CSZ M9.0 (approximately 500-year return), and Seattle Fault (approximately 1,000-year return), and delivered in GIS format. Ground motion intensities will be provided for both peak ground acceleration (PGA) and peak ground velocity (PGV). The ground motions will be based on published USGS scenarios. Liquefaction and landslide susceptibility mapping will be developed based on readily available hazard mapping from the State, County, and the City of Kent. Laterals spread mapping will be developed based on 8 selected representative locations in the valley. Probabilities of liquefaction allowing lateral spreading shall be provided for each scenario for each liquefaction and landslide hazard zone. Deliverables – ground motion, liquefaction and landslide probability, and peak ground displacement (PGD) mapping in GIS format and supporting documentation in a Technical Memorandum (Draft and Final), suitable for inclusion in the project report. Input from the City of Kent – City GIS mapping base map. 3 Task 4 Facility Assessment Facilities will be evaluated for ground motions and earthquake hazards for the two scenarios. Site visits will be made to each supply facility. The Tacoma Pipeline 5 supply will be based on information from the Tacoma Public Utilities. The springs will be evaluated considering the vulnerability of structures making up the spring collection system, and the geotechnical stability in the area of the springs. The wells vulnerability will be based on a groundwater well earthquake loss model developed by Donald Ballantyne considering the vulnerability of the well house, the well casing and screen, the pump and piping, power supply, potential contamination, and the connecting piping. For the 212th St. WTP design drawing will be reviewed and vulnerability assessed for the two scenarios. Equipment and piping installations will be checked against the ASCE Seismic Design standards. The interties will be evaluated based on the liquefaction susceptibility at the facility location, and observations of the exposed piping in the vaults. Tank and reservoir drawings will be reviewed and site visits made to each facility. Information from the 1996 City’s 1996 seismic report will be reviewed, and an assessment made using selected damage mechanisms identified in AWWA tank standards. The geotechnical engineer will be involved in the assessment of the buried reservoirs, and tank sites where slope stability is a potential issue. Deliverables – Draft and Final Technical Memorandum describing the evaluation processes and the findings for each facility for the two scenarios. Input form the City of Kent – Facility drawings and engineering reports that address seismic performance. Accompany project team members for site visits to facilities. Task 5 Pipeline Assessment Transmission, distribution backbone, and distribution pipe will be evaluated considering the hazard environment in which it is located and the pipe material/system from which it is made. Pipeline GIS mapping will be overlaid on PGV ground motion, liquefaction and landslide susceptibility (probability), and liquefaction lateral spread mapping (PGD). The PGV and PGD will be identified for each pipe section and output into a spreadsheet. Pipeline damage will be estimated in the spreadsheet using the American Lifelines Alliance (ALA) methodology. The number of leaks and breaks will be reported for each pipeline section (transmission/backbone) or pressure zone (distribution). The results will be input back into the GIS system and a map showing the pipeline vulnerability displayed. For critical transmission and backbone pipelines identified as being vulnerable, a more detailed analysis will be performed for up to 10 pipeline locations. Deliverables – Draft and Final Technical Memorandum describing the evaluation process and the findings for each of the two scenarios. GIS map showing the expected pipe performance for each of the two scenarios with the Technical Memorandum. Input form the City of Kent – Pipeline GIS database. 4 Task 6 System Performance The system performance and recovery will be assessed in a workshop format. Facility and pipeline damage data will be reviewed. Working together, the Consultant and City of Kent staff will assess the operability of the system for both scenarios. Redundant supplies will be considered. If the system is not expected to remain functional, estimates will be developed for the expected time it would take to restore key facilities and pipelines that are not operable and required to make the system operable. Operability by pressure zone will be addressed. The repair times will be aggregated, and an estimate developed for recovery time. Deliverables – Draft and Final Technical Memorandum describing the evaluation process and system operability, recovery, and deficiencies that impact recovery findings Input from the City of Kent – Active participation in the Workshop. Information on the crew capacity (personnel, equipment, and repair materials) to repair pipeline failures following an earthquake. Task 7 Identify System Deficiencies, Develop Mitigation Alternatives, and Develop System Mitigation Programs Facility and pipeline deficiencies identified in Task 6 will be further evaluated and prioritized considering their risk – their vulnerability, impact on system operability (consequence of failure) and restoration time. Mitigation alternatives will be identified including emergency response elements (e.g. repair materials, mutual aid, etc.), work -arounds strategies and equipment, facility upgrades, and facility replacement, or new facilities. This task will coordinate upgrades or expansion with other non-seismic system improvements. Three levels of system mitigation programs will be developed. One program will be developed to meet the proposed LOS documented in Task 2. Two additional less aggressive program alternatives would be developed as well. Projects will be generally distributed out over the proposed time frame. Each program will be tied back to the expected level of improvement (reduction in recovery time). Preliminary mitigation alternatives will be shared with City personnel at a workshop, and feedback on the various alternatives provided both during and following the workshop. Rough order of magnitude costs will be developed for each project and the three overall system seismic programs. This will allow the City to assess the value of proceeding with the three seismic mitigation program levels. Deliverables – notes from Mitigation Workshop. Input from the City of Kent – participation in a mitigation workshop and feedback provided. Task 8 Prepare Project Report A draft and final report will be prepared including the various Technical Memorandum prepared during the previous tasks. Deliverables – Draft and Final Reports 5 Input form the City of Kent – Review comments on the draft report consolidated into a single report. These comments can be provided in MS Word format including comments and edits. Assumptions Project duration will be 8 months from Notice to Proceed Four hard copies of the draft and final report will be provided to the City. Other deliverables will be provided to City of Kent in electronic (.pdf) format. Engineers Estimates of Probable Construction Costs will be AACE Class 5. Number and type of facilities to be evaluated are limited to those as identified on the Proposal Fee Estimate. All water system information provided by the City to be returned to the City after completion of the project. Final versions of Technical Memorandum will be included with the final report. City of Kent staff to accompany Consultant staff to each site. Safety equipment and procedures necessary to access the site are the responsibility of the City. Consultant staff to provide required personal protection equipment. Background information (drawings, reports, etc.) to be provided by the City at one time. A single consolidated set of review comments will be provided by the City for each deliverable. Mapping deliverables will include providing GIS shape files and associated Geodatabase. Anticipated Schedule Milestones Notice to Proceed October 3, 2016 Task 2 LOS goals October 24, 2016 Task 3 Technical Memorandum November 14, 2016 Task 4 Technical Memorandum January 23, 2017 Task 5 Technical Memorandum January 30, 2017 Task 6 Technical Memorandum February 21, 2017 Task 7 Workshop March 13, 2017 Draft Report April 10, 2017 Final Report May 15, 2017 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant’s profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. This page intentionally left blank. Agenda Item: Consent Calendar – 7H_ TO: City Council DATE: October 4, 2016 SUBJECT: Change Order with Scarsella Brothers, Inc. for Mill Creek (West Valley Highway) Water Line and Bridge Repair – Authorize SUMMARY: Staff briefed the Committee earlier this summer on the need for repairs to the water main that crosses over West Valley Highway. The main serves the south part of the valley and was at risk for failure due to issues with the stream bank protection near the bridge. Scarsella Brothers Construction installed steel sheet piles and made permanent repairs to the water line. Scarsella Brothers mobilized work on Friday, June 10, and completed their work on July 14, 2016, at a cost of $133,382.23 EXHIBITS: Invoice from Scarsella Brothers, Inc. RECOMMENDED BY: Public Works Committee YEA: Fincher, Ralph NAY: BUDGET IMPACTS: Repairs will be charged to the Water Fund, as the main support for the water line was at risk. MOTION: Authorize the Mayor to sign a Change Order with Scarsella Brothers, Inc. in an amount not to exceed $133,382.23 for services related to the water line repair of the Mill Creek (Auburn) 14 Bridge on West Valley Highway, and to ratify all acts consistent with this motion, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. This page intentionally left blank. Agenda Item: Consent Calendar – 7I_ TO: City Council DATE: October 4, 2016 SUBJECT: King County Waterworks Grant Acceptance – Leber Homestead Arsenic Remediation – Authorize SUMMARY: The Mill Creek Side Channel-Leber project was previously funded for clearing, grubbing and the first phase of planting, which was completed in March 2015. Grant funds in the amount of $100,000.00, will provide additional funding for final construction. Once completed, the restoration project will create off-channel habitat in the Green River near the confluence of Mill Creek, will increase floodplain refuge habitat for Chinook and other salmonids, enhance riparian habitat, and restore floodplain functions. The 8.6 acre site is owned by the City and is also known as Leber Homestead. EXHIBITS: Waterworks Program Grant Agreement RECOMMENDED BY: Public Works Committee YEA: Fincher, Ralph NAY: BUDGET IMPACTS: The WaterWorks Grant agreement in the amount of $100,000 provides for final phase construction for the Mill Creek Side Channel – Leber Restoration project. Other grants include KC Cooperative Watershed Management Fund 2014 for $787,846.00, KC Cooperative Watershed Management Fund 2015 for $558,000.00, RCO Salmon Recovery Funding Board 2014 for $327,353.00, and RCO Puget Sound Acquisition and Restoration 2014 for 478,885.53. These grants total $2,152,084.53 and with the additional WaterWorks grant $2,252,084.53. The city of Kent will provide an additional $76,440.00 in matching funds for $76,440.00 in plants and labor. This brings the total to $2,328,524.53. MOTION: Authorize the Mayor to sign the WaterWorks Grant in the amount of $100,000, direct staff to accept the grant and establish a budget for the funds to be spent within the Mill Creek Side Channel (Leber) Restoration project. This page intentionally left blank. WaterWorks Grant Program Grant Agreement AGREEMENT between CITY OF KENT and KING COUNTY This is an Agreement between the City of Kent, hereinafter the “RECIPIENT” and King County, a political subdivision of the state of Washington, hereinafter the “COUNTY.” This Agreement is effective as of the date of the COUNTY signatory. The purpose of this Agreement is to set forth the terms, conditions, and the legal and administrative relations that apply to the RECIPIENT in exchange for financial assistance in carrying out a proposed project entitled Leber Homestead – Arsenic Remediation, hereinafter the “PROJECT.” Section 1. Background and Recitals: A. Proposed PROJECT benefit or improvement to water quality and/or the regional wastewater treatment system and its ratepayers: This project will remove arsenic contaminated soil from the floodplain area on the Leber Homestead site in Kent. These contaminants will be removed and buried in order to prepare the site for salmon habitat restoration work. The project will create a floodplain wetland tributary to the Green River and include restorative plantings as well as woody debris. B. The COUNTY plans and proposes to remunerate the RECIPIENT for the purpose described in Subsection A above in an amount up to, but not exceeding $100,000, hereinafter the “AWARD.” C. This AWARD is made with the understanding that the RECIPIENT will complete the PROJECT as outlined in the Scope of Work (Exhibit A) and will fulfill reporting requirements as described under the Terms and Conditions of this Agreement. D. The RECIPIENT plans to contribute to this PROJECT a cash and/or in-kind match valued at $2,558,036, to be verified in submitted PROJECT reports. E. The RECIPIENT applied for a WaterWorks grant on September 16, 2015. F. The RECIPIENT was notified that its proposal for the PROJECT was recommended for funding on March 29, 2016. Agreement between City of Kent and King County Leber Homestead – Arsenic Remediation – Round 1, 2015 Page 2 of 21 G. Beginning on April 19, 2016, the RECIPIENT commenced work on the PROJECT, according to the original timeline in its proposal. H. The King County Council approved the WaterWorks grants from this funding cycle (Round 1, deadline September 16, 2015) on July 25, 2016. I. The COUNTY agrees to pay for eligible PROJECT expenses incurred on and after April 19, 2016, subject to the terms and conditions below. Section 2. Terms and Conditions: A. The PROJECT shall be in accordance with the tasks and activities specified in the Scope of Work (Exhibit A). Any modifications must be requested in an Agreement Amendment and be approved by the Director of the Wastewater Treatment Division (WTD) in the COUNTY’s Department of Natural Resources and Parks. B. The COUNTY will, upon execution of this Agreement, establish procedures to allow payment to the RECIPIENT of all eligible expenses for approved activities up to the limit of the AWARD. Payments are on a reimbursement basis; except in special circumstances, at the discretion of the COUNTY, where advances of a portion of the AWARD may be made. Twenty percent (20%) of the AWARD amount will be withheld by the COUNTY until receipt of the final Quarterly Progress and Expense Reports and the Closeout Reports. C. The RECIPIENT’s expenditures of AWARD funds shall be separately identified in the RECIPIENT’s accounting records. If requested, the RECIPIENT shall comply with other reasonable requests made by the COUNTY with respect to the manner in which PROJECT expenditures are tracked and accounted for in the RECIPIENT’s accounting books and records. The RECIPIENT shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principles, and to meet the requirements of all applicable state and federal laws. D. The COUNTY will reimburse RECIPIENT for expenses on a quarterly basis, following receipt and approval of Quarterly Progress Reports, Quarterly Expense Reports, and Closeout Reports. Twenty percent (20%) of the AWARD will be held back until a close- out verifies fiscal and programmatic compliance with the terms and conditions of the agreement. 1. The RECIPIENT shall be responsible for submitting the following PROJECT progress reports: Quarterly Progress Reports (Exhibit E), Quarterly Expense Reports (Exhibit F or G), Financial Closeout Report (Exhibit H), and Narrative Closeout Report (Exhibit I); including backup documentation such as photos, copies of articles, and financial backup such as copies of receipts. Agreement between City of Kent and King County Leber Homestead – Arsenic Remediation – Round 1, 2015 Page 3 of 21 2. Quarterly Progress Report (Exhibit E) and Quarterly Expense Report (Exhibit F or G) shall be submitted together. a. Each Quarterly Progress Report shall be presented in the format shown in Exhibit E of this Agreement; each Quarterly Expense Report shall be presented in the format shown in Exhibit F of this agreement. b. The Quarterly Progress and Quarterly Expense reports are due thirty (30) days after the end of each quarter. c. If no expenses are made during a quarter, no Expense Report is needed. However, the Quarterly Progress Report should still be submitted and indicate that no expenses were made during that time period. d. The Quarterly Expense Report should detail expenses and include backup documentation of expenses. 3. Financial Closeout Report (Exhibit H) and Narrative Closeout Report (Exhibit I) shall be submitted together, which will include closeout documentation. a. The Final Closeout reports are due thirty (30) days after the end date of the PROJECT or not later than October 31, 2018. E. Failure to submit the aforementioned Quarterly Report on the PROJECT progress within ninety (90) days of the due date may be cause for the COUNTY to terminate this agreement for non-performance. Termination would require the return of any funds advanced but not already spent executing the PROJECT, as well as forfeiture of AWARD funds for activities not completed by termination date. F. Failure to provide all of aforementioned documentation may result in the need to withhold part or all of the AWARD. G. Costs eligible for payment shall be limited to those costs identified in the Budget (Exhibit B) and incurred during the effective dates of this Agreement. H. Any and all activities to be funded by this Agreement to the RECIPIENT shall be completed by September 30, 2018. If needed, an Agreement Amendment may be granted to extend the terms of the contract beyond the end date, adjust the scope of work, or change the budget details (but not increase the total AWARD amount), conditioned upon approval by KING COUNTY. The extension must be requested and approved at least sixty (60) days in advance of the original end date. Agreement between City of Kent and King County Leber Homestead – Arsenic Remediation – Round 1, 2015 Page 4 of 21 I. The RECIPIENT agrees to acknowledge the COUNTY in all media, publications, and signage that are produced as part of the PROJECT. This includes press releases, public service announcements, posters, flyers, signage, Web pages, blogs, and videos. The RECIPIENT will use the wording provided in Exhibit C of this Agreement (Credit and Disclaimers). Section 3. Legal and Administrative Relations: A. The RECIPIENT shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principles and to meet the requirements of all applicable state and federal laws. The RECIPIENT shall maintain and submit to the COUNTY any such records as the COUNTY may require to conduct any audit of the PROJECT it may elect to conduct or to substantiate expenditures paid for by this AWARD. The RECIPIENT shall maintain and retain books and records related to the Agreement for at least three (3) years after the termination of said Agreement. B. The COUNTY’s financial assistance to the RECIPIENT shall be construed by the parties as a special disbursement to the RECIPIENT to fund activities, as described herein that generally benefit the COUNTY’s efforts to leverage or complement the water quality mission of the regional wastewater system. The COUNTY’s sole obligation under this agreement shall be to provide funds to the RECIPIENT and this agreement shall not be construed as a contract for services between the RECIPIENT and the COUNTY, or as establishing a principal agent relationship between the COUNTY and the RECIPIENT. No joint venture or partnership is formed as a result of this Agreement. C. The RECIPIENT shall be solely responsible for the recruiting, training, and supervision of its employees and volunteers. Individuals hired and paid by the RECIPIENT shall not, in any event, be construed to be employees of, or contractors to, the COUNTY and the RECIPIENT shall indemnify and hold harmless the COUNTY from any and all claims arising from any contention that said individuals are employees of, or contractors to, the COUNTY. This condition shall survive the termination of this Agreement. All actions undertaken under the funding provided by the terms of this agreement are, as between the COUNTY and the RECIPIENT, the sole responsibility of the RECIPIENT. No employees, agents, volunteers, or contractors of RECIPIENT shall be deemed, or represent themselves, to be employees of the COUNTY. D. RECIPIENT agrees for itself, its successors, assigns or by others including, without limitation, all persons directly or indirectly employed by RECIPIENT, or any agents, contractors, subcontractors, consultants, subconsultants, volunteers, licensees or invitees of RECIPIENT, to defend, indemnify, and hold harmless the COUNTY, its appointed and elected officials, and employees from and against liability for all claims, demands, suits, and judgments, including costs of defense thereof for injury to persons, death, or property damage which is caused by, arises out of, or is incidental to RECIPIENT’s exercise of rights, privileges, and obligations under this Agreement, except for the COUNTY’s sole negligence. RECIPIENT’s obligations under this section shall include, but not be limited to all of the following: (i) The duty to promptly accept tender of Agreement between City of Kent and King County Leber Homestead – Arsenic Remediation – Round 1, 2015 Page 5 of 21 defense and provide defense to the COUNTY with legal counsel acceptable to the COUNTY at RECIPIENT’s own expense; (ii) Indemnification of claims made by RECIPIENT’s own employees or agents; and (iii) Waiver of RECIPIENT’s immunity under the industrial insurance provisions of Title 51 R.C.W. but only to the extent necessary to indemnify the COUNTY, which waiver has been mutually negotiated by the Parties. In the event it is necessary for the COUNTY to incur attorney’s fees, legal expenses, or other costs to enforce the provisions of this section, all such fees, expenses, and costs shall be recoverable from RECIPIENT. The provisions of this Section 3.D shall survive the expiration, abandonment, or termination of this Agreement. E. Nothing in this Agreement shall be construed as prohibiting the RECIPIENT from undertaking or assisting projects developed outside the purview of this Agreement, or entering into agreements with other parties to undertake said projects in accordance with whatever terms and conditions may be agreed to between the RECIPIENT and other parties. F. The COUNTY shall be under no obligation to continue this agreement and may request partial or full reimbursement of payments it made to the RECIPIENT should the RECIPIENT fail to perform according to the terms and conditions of this Agreement, whether or not failure to perform is within the RECIPIENT’s control. G. This Agreement may be amended at any time by written concurrence of the parties through a formalized Amendment Agreement Form and will terminate upon fulfillment of all obligations contained herein. H. The COUNTY may terminate this Agreement immediately for cause. If this Agreement is terminated the RECIPIENT shall return any unused portion of the funds advanced up to the date of termination. I. Invalidity or unenforceability of one or more provisions of this Agreement shall not affect any other provision of this Agreement. J. In its performance under this Agreement the RECIPIENT shall not discriminate against any person on the basis of sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression, age except by minimum age, and retirement provisions, unless based upon a bona fide occupational qualification, and the RECIPIENT shall not violate any of the terms of chapter 49.60 RCW, Title VII of the Civil Rights Act of 1964, or any other applicable federal, state, or local law or regulation regarding nondiscrimination in employment. K. Authority: Representations and Warranties. Each signatory to this Agreement represents and warrants that he or she has full power and authority to execute and deliver this Agreement on behalf of the entity for whom he or she is signing. Agreement between City of Kent and King County Leber Homestead – Arsenic Remediation – Round 1, 2015 Page 6 of 21 L. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all counterparts together shall constitute but one and the same instrument. The exchange of copies of this Agreement and of signature pages by facsimile transmission, by electronic mail in “portable document format” (“.pdf”) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, or by combination of such means, shall constitute effective execution and delivery of this Agreement as to the Parties and may be used in lieu of the original Agreement for all purposes. Signatures of the Parties transmitted by facsimile shall be deemed to be their original signatures for all purposes. M. The effective date of this agreement is the date of COUNTY signatory. Agreement between City of Kent and King County Leber Homestead – Arsenic Remediation – Round 1, 2015 Page 7 of 21 AGREEMENT SIGNATURE PAGE CITY OF KENT by: Signature:_____________________________________________________________________ Suzette Cook, Mayor Date: ______________________________ KING COUNTY by: Signature: _____________________________________________________________________ Gunars Sreibers, Acting Division Director, Wastewater Treatment Division Date: ______________________________ Agreement between City of Kent and King County Leber Homestead – Arsenic Remediation – Round 1, 2015 Page 8 of 21 EXHIBIT A: SCOPE OF WORK The task(s) set forth below summarize the RECIPIENT’s activities to be performed under this agreement to complete the PROJECT. All activities in the following tasks, including deliverables, must be completed by the expiration date of this agreement unless otherwise modified through an Agreement Amendment Form and approved by the COUNTY in writing. Any work performed or costs incurred prior to the effective date of this agreement will be at the sole expense of the RECIPIENT. Tasks and Activities Measurable Results/Deliverables Timeframe TASK 1: Spec finalizing, request for bid and project award Lowest responsive bidder will be awarded contract for construction February- April 2016 TASK 2: TESC, excavation, mixing and/or disposal of contaminated soil, verification testing to ensure clean soils “Clean” site with all 8,000 CY of contaminated soil either removed from the site (to approved facility) or mixed down below arsenic action levels May-June 2016 Permits/Permissions Construction Stormwater General Permit Coverage, Dept. of Ecology Purpose: Ensure BMPs for sediment control are enacted and effective. Issued July 3, 2014 (Eff. until terminated) Nationwide Permit #27, Section 404 Dredge & Fill Permit, Seattle Dist. Corps of Eng. Purpose: Clean Water Act, Coastal Zone Management Act, DOE Water Quality Certification, National Historic Preservation Act and Endangered Species Act compliance. Issued June 4, 2013; Expires Mar. 18, 2018 Hydraulic Project Approval, Washington Dept. of Fish and Wildlife Purpose: Preservation of fish and other aquatic species and their habitat. Issued Nov. 29, 2012; Expires Nov. 28, 2017. Revised Mitigated Determination of Nonsignificance, City of Kent Purpose: State Environmental Policy Act and Kent Critical Areas Ordinance compliance. Issued Aug. 27, 2012. No expiration date. Shoreline Exemption, City of Kent Purpose: Exempt project from Kent Shoreline Master Program (SMP). Letter issued Sept. 10, 2013. Agreement between City of Kent and King County Leber Homestead – Arsenic Remediation – Round 1, 2015 Page 9 of 21 EXHIBIT B: BUDGET Costs are limited to those approved by the COUNTY in the current Budget. Costs should be reasonable and necessary to carry out the task. All activities and PROJECT expenditures must be completed according to this agreement unless otherwise modified through an Agreement Amendment Form and approved by the COUNTY in writing. Any work performed or costs incurred prior to the effective date of this agreement will be at the sole expense of the RECIPIENT. An Agreement Amendment must be completed and approved to change a scope of work, request an extension, or if the budget might deviate more than ten percent (10%) (of Grand Total). For more information, contact your grant administrator. A B C D E F BUDGET CATEGORY ITEMS: Description (rate or unit x quantity) GRANT AWARD CASH MATCH IN- KIND MATCH SOURCE OF MATCH Staff salaries and benefits: Construction inspection, management, engineering $152,416 (7.5% of construction contract) $200,000 KCD grant: $200,000 – Excess will be applied to construction contract and remediation Salary and Benefits Subtotal $200,000 Commercial services:  Construction contractor (removal and/or mixing of contaminated soil)  Consultant (arsenic level verification and remediation) Excavation, mix, stockpile, and/or dispose of contaminated soil - $908,640 (Scarsella Bros.) Verification & Remediation services - $89,200 (AMEC) $100,000 Commercial services:  Construction contractor  Consultant (arsenic level verification and remediation services) Construction Contract - $2,225,277 Remediation Consultant Contract - $89,200 Native plant planting and labor - $205,951 $2,152,085 $205,951 Cash: PSAR 2013 & 2014 $478,886; SRFB 2014 $327,353; CWM 2014 $787,846; CWM 2015 $558,000; In-Kind: City plants and planting labor Direct Costs Subtotal $100,000 $2,152,085 $205,951 Project Subtotal (Salary and Benefits Subtotal + Direct Costs Subtotal) $100,000 $2,352,085 $205,951 Overhead (not more than 10% of Grand TOTAL) Grand TOTAL $100,000 $2,352,085 $205,951 Agreement between City of Kent and King County Leber Homestead – Arsenic Remediation – Round 1, 2015 Page 10 of 21 EXHIBIT C: ACKNOWLEDGEMENTS AND DISCLAIMERS Logo and logo standards: For electronic versions of the official logos and logo standards, contact your grant administrator. The above logo must be included on all printed documents and electronic media produced in carrying out the PROJECT. This includes signage, posters, documents, brochures, flyers, newsletters, newspaper advertising, Web pages, blogs, and videos. Credit for materials produced as part of the PROJECT: Acknowledge PROJECT funding by including the following sentence with the logo: This project is funded by the King County Wastewater Treatment Division If your PROJECT has multiple funders, it can say: This project is funded in part by the King County Wastewater Treatment Division Disclaimer language: For items where opinions or advice or a list of organizations or businesses are included in the copy (e.g., an interpretive panel, a guidebook, or a directory), please add the following disclaimer sentence: The content herein does not constitute an endorsement by King County government, its employees, or its elected and appointed officials. Agreement between City of Kent and King County Leber Homestead – Arsenic Remediation – Round 1, 2015 Page 11 of 21 EXHIBIT D: AGREEMENT TERMS AND PROCEDURES ACKNOWLEDGMENT: Please acknowledge KING COUNTY in all written and electronic media (publications, signage, press releases, public service announcements, posters, flyers, Web pages, videos, PowerPoint presentations, etc.). Refer to Exhibit C for further information. ADVANCE: Advance payments are allowed in some cases at the discretion of the COUNTY; documentation of payments made from advances shall be submitted to the COUNTY prior to any further requests for AWARD funds. AGREEMENT AMENDMENT: This document must be completed and approved to change a scope of work, request an extension, or if the budget (Exhibit B) might deviate in any PROJECT cost categories by an amount equal to or greater than ten percent (10%) of the total AWARD amount. This form is available from your grant administrator. BALANCE OF AWARD: Any amount of your AWARD not spent on this PROJECT must be returned to KING COUNTY, if an advance was issued. CLOSEOUT REPORTS, FINANCIAL AND NARRATIVE: These reports document the successful completion of the PROJECT according to the scope of work. The Financial and Narrative Closeout Reports are due thirty (30) days after the end of your agreement period. Refer to Exhibit H for more information. Include in the final report: 1. Financial Closeout Report (Exhibit H) documenting the records of expenditures for the PROJECT (reconcile your project expenses, award, cash, and in-kind match). 2. Narrative Closeout Report (Exhibit I) documenting the successful completion of the PROJECT according to the scope of work. The final report will include a narrative, outreach materials, copies of communication materials, and tools created for and about the PROJECT. ELIGIBLE CHARGES: Only expenses in the categories listed in the budget page of this grant agreement can be covered by this AWARD and only up to the indicated amount without prior authorization. FINANCIAL RECORDS: Maintain a record of your expenditures to conform to generally accepted accounting principles. Retain records for at least three (3) years after the end date of your agreement. It is highly recommended that if you use a computer to track your project expenses you assign a code to this grant. If you keep track of your expenses manually, you will need to make copies of your receipts or other “manual” documents. This way, you will be able to document your expenses. MATCH: Keep track of cash and/or in-kind match amount as it is described in your budget (Exhibit B) because it must be documented in your Financial Closeout Report (Exhibit H). MILESTONE: Milestones are considered significant actions or events marking important progress or change in the stage of development of the PROJECT. Agreement between City of Kent and King County Leber Homestead – Arsenic Remediation – Round 1, 2015 Page 12 of 21 QUARTERLY PROGRESS REPORTS (Exhibit E): These reports include a task summary and provide a status report on the progress of tasks identified in the scope of work. It also quantifies the amount spent to date and percent of the PROJECT completed. The quarterly reports are due thirty (30) days after the end of each quarter. QUARTERLY EXPENSE REPORTS (Exhibit F or G): This form, submitted along with a Quarterly Progress Report, is for reimbursement of costs each quarter. SCOPE OF WORK (EXHIBIT A): Keep track of your activities as they relate to the scope of work you provided. You will have to document the progress when submitting your Quarterly Reports (Exhibit E) and Closeout Report (Exhibit I). START DATE: The start date of this agreement is the date of the COUNTY signatory. Expenses can be posted as of the start date of your agreement but not sooner. (Same thing as Effective Date.) Agreement between City of Kent and King County Leber Homestead – Arsenic Remediation – Round 1, 2015 Page 13 of 21 EXHIBIT E: QUARTERLY PROGRESS REPORT WaterWorks Grant Program Quarterly Progress Report Date Recipient (organization) Contact Name Phone Email Address City, State, Zip Code Request No. Dates (beginning & end date for this claim) Project Name Instructions: Complete this form and submit together with Quarterly Expense Report to Grant Administrator Tasks/Activities (from Scope of Work) Measurable Results/Deliverables progress/status/percentage completed (note dates) (from Scope of Work) 1) 2) 3) Agreement between City of Kent and King County Leber Homestead – Arsenic Remediation – Round 1, 2015 Page 14 of 21 4) 5) Briefly describe for this time period, in five lines or less per topic: Project Successes Obstacles and Challenges Please email inquiries and all documents to: Elizabeth Loudon, WaterWorks Grant Administrator Wastewater Treatment Division Phone: 206-477-4297 Email: water.grants@kingcounty.gov Agreement between City of Kent and King County Leber Homestead – Arsenic Remediation – Round 1, 2015 Page 15 of 21 EXHIBIT F: QUARTERLY EXPENSE REPORT WaterWorks Grant Program Quarterly Expense Report Date Recipient (organization) Contact Name Phone Email Address City, State, Zip Code Request No. Dates (beginning & end date for this claim) Project Name Instructions: Complete this spreadsheet in Excel and attach your financial/accounting system reports to document all expenses. Budget Line Item (From Exhibit B Budget, use latest approved amendment) Budgeted (From Exhibit B Budget, use latest approved amendment) Current Request Amount of all Prior Requests (Do not include advances as a line item) Award Balance Remaining TOTAL THIS REQUEST Please email inquiries and all documents to: Elizabeth Loudon, WaterWorks Grant Administrator Wastewater Treatment Division Phone: 206-477-4297 Email: water.grants@kingcounty.gov Agreement between City of Kent and King County Leber Homestead – Arsenic Remediation – Round 1, 2015 Page 16 of 21 EXHIBIT G: QUARTERLY EXPENSE REPORT—ADVANCE WaterWorks Grant Program Quarterly Expense Report with Advance Date Recipient (organization) Contact Name Phone Email Address City, State, Zip Code Request No. Dates (beginning & end date for this claim) Project Name Instructions: Complete this spreadsheet in Excel and attach your financial/accounting system reports to document all expenses. Advances will only be given in specific circumstances and need prior approval from the grant administrator. Budget Line Item (From Exhibit B Budget, use latest approved amendment) Budgeted (From Exhibit B Budget, use latest approved amendment) Current Request Advance Reconciliation (Expenses covered by last advance) Amount of all Prior Requests (Do not include advances as line item) Award Balance Remaining TOTAL ADVANCE REQUESTED (For next period) GRAND TOTAL ADVANCE FROM LAST INVOICE ADJUSTED FOR ADVANCE FORFEITURE (Advance balances do not carry forward) THIS REQUEST ADVANCE EXPLANATION: Please email inquiries and all documents to: Elizabeth Loudon, WaterWorks Grant Administrator Wastewater Treatment Division Phone: 206-477-4297 Email: water.grants@kingcounty.gov Agreement between City of Kent and King County Leber Homestead – Arsenic Remediation – Round 1, 2015 Page 17 of 21 EXHIBIT H: FINANCIAL CLOSEOUT REPORT Project Name Recipient Total Award Project Contact Address City/State Phone Email Grant Agreement Dates Start Date – End Date Date Reporting Today’s Date Instructions: Complete the budget table below comparing your proposed budget to actual spending within the project and sign. Include receipts and/or auditable accounting details (that you haven’t already provided) for all costs incurred for the project. This may include ledger-based copies, cancelled checks, and payroll records. You do not need to provide this documentation for any match dollars spent. BUDGET ITEM GRANT BUDGET GRANT ACTUAL CASH MATCH PROPOSED CASH MATCH ACTUAL IN-KIND MATCH PROPOSED IN-KIND MATCH PROPOSED Staff salaries & benefits Salaries & Benefits Sub Total Freelance workers and consultants Project supplies, materials, and equipment Commercial services Transportation Other costs Direct Costs Sub Total Overhead (10% of Grand Total max) Grand TOTAL WaterWorks Grant Program Financial Closeout Report Agreement between City of Kent and King County Leber Homestead – Arsenic Remediation – Round 1, 2015 Page 18 of 21 Provisions Please complete and sign below. By signing this financial closeout report, I _________________________, an authorized representative of the above named RECIPIENT, confirm that I have examined the information contained herein and that, to the best of my knowledge, it is a true and accurate account of all the financial expenses and in-kind contributions incurred by the above named PROJECT in the course of fulfilling the conditions of the Agreement between «Organization» and KING COUNTY. This report contains financial documents from ___________ to ___________ (dates). I hereby acknowledge that there are no further expenses associated with this PROJECT, nor any pending or future claims to the COUNTY and that the COUNTY is not liable for any expenses not documented in the budget. I understand that «Organization» is fully bound by the provisions of the Agreement, including but not limited to, the return of COUNTY funds that are unspent or whose spending is unsubstantiated according to the Terms of the Agreement, and the right to examine records. I further understand that the COUNTY, upon examining final budget and closeout reports, submitted by the RECIPIENT will determine the amount of the balance due to the RECIPIENT. Signature: _____________________________________________________________ RECIPIENT printed name and title: ___________________________________________ ______________________________________________________________________ Date: ______________________________ Please email inquiries and all documents to: Elizabeth Loudon, WaterWorks Grant Administrator Wastewater Treatment Division Phone: 206-477-4297 Email: water.grants@kingcounty.gov Agreement between City of Kent and King County Leber Homestead – Arsenic Remediation – Round 1, 2015 Page 19 of 21 EXHIBIT I: NARRATIVE CLOSEOUT REPORT Project Name Recipient Total Award Project Contact Address City/State Phone Email Grant Agreement Dates Start Date – End Date Date Reporting Today’s Date Instructions: In narrative format, summarize the project accomplishments and successes, regional benefits, project performance, obstacles and challenges, lessons learned, and recommendations for future comparable projects. Attach copies of all project materials and publications as well as photos from your project. Project Performance Please quantify all fields below that are applicable to your project and for which you have data; add any other quantifiable data that is pertinent, including units (e.g. square feet, volunteer hours, gallons/year). Wastewater Captured and Treated Stormwater Runoff Captured Stormwater Runoff Diverted Best Management Practices Installed Rain Gardens Installed Cisterns Installed Water Saved Sites Restored Site Depaved Native Plants Installed Organizations Engaged Ambassadors Recruited Active Volunteers Volunteer Hours Events Organized/Tours Given Event Attendance People Engaged Presentations Given Materials Created Materials Distributed Languages Provided Communities Served Project Partners Social Media Followers Website Visits Earned Media Stories WaterWorks Grant Program Narrative Closeout Report Agreement between City of Kent and King County Leber Homestead – Arsenic Remediation – Round 1, 2015 Page 20 of 21 Regional Water Quality Benefits What difference did this project make in supporting King County WTD’s water quality mission, and create a benefit to or improvement of water quality within WTD’s service area? Project Accomplishments and Successes Please describe the notable accomplishments and success of your project, both anticipated and unanticipated. Obstacles and Challenges Please describe any obstacles or challenges you faced while carrying out this project. Lessons Learned and Recommendations for Future Projects Please describe any lessons learned from both successes and failures alike. What strategies worked well that might be replicated elsewhere and what approaches fell short of expectations? Why? Project Materials and Photos (list here and attach) Please email inquiries and all documents to: Elizabeth Loudon, WaterWorks Grant Administrator Wastewater Treatment Division Phone: 206-477-4297 Email: water.grants@kingcounty.gov Agreement between City of Kent and King County Leber Homestead – Arsenic Remediation – Round 1, 2015 Page 21 of 21 EXHIBIT J: FUNDING AUTHORITY The funding authority for this AWARD comes from the COUNTY, through its Department of Natural Resources and Parks, which operates a regional system of sewage treatment and conveyance facilities for which it collects charges from local governments. Said charges constitute the source of revenue for operation of the COUNTY’s sewage treatment system. By agreement with said local governments, this revenue can be used only to fund expenditures that are related to the development, operation, maintenance, and replacement and improvement of said system. By budget authority, the COUNTY funds activities related to the regional water quality objectives advanced by the development of the sewage treatment system. This page intentionally left blank. Agenda Item: Consent Calendar – 7J_ TO: City Council DATE: October 4, 2016 SUBJECT: Port of Seattle Partnership Program – City Application – Resolution – Adopt SUMMARY: The Port of Seattle has created a cooperative economic development program to help fund local development issues, the “Port of Seattle Economic Development Partnership Program.” The program is designed to support local projects that create jobs, foster business growth, and support the Port’s business interests. Under the grant proposal, the city will seek grant funding in the amount of $65,000 to set up a commercial kitchen with the Food Innovation Network (FIN) and their non- profit member Project Feast. The Food Innovation Network includes organizations, educational institutions, local government, and community members working to create pathways for health, wealth, and success through food system revitalization. FIN’s responsibility will be to set up the commercial kitchen so that members of the network can pilot a food business incubator in Kent that will offer cross-organizational resources and commercial kitchen space to underserved entrepreneurs. The city of Kent considers it in the best public interest to complete the projects described in the application(s) as it represents an alignment of the City’s strategic vision and the Port of Seattle’s Century Agenda. EXHIBITS: Resolution RECOMMENDED BY: Economic and Community Development Committee YEA: Berrios, Boyce, Budell NAY: BUDGET IMPACT: None MOTION: Adopt Resolution No. , declaring the support of the City’s 2016 application to the Port of Seattle’s Economic Development Partnership Program. This page intentionally left blank. RESOLUTION NO. ___________ A RESOLUTION of the City Council of the City of Kent, Washington, in support of the City’s 2016 application to the Port of Seattle’s Economic Development Partnership Program. RECITALS A. The Port of Seattle has created a cooperative economic development program to help fund local development issues, the “Port of Seattle Economic Development Partnership Program.” The program is designed to support local projects that create jobs, foster business growth, and support the Port’s business interests. B. Under the grant proposal, the city will seek grant funding in the amount of $65,000 to set up a commercial kitchen with the Food Innovation Network (FIN) and their non-profit member Project Feast. The Food Innovation Network includes organizations, educational institutions, local government, and community members working to create pathways for health, wealth, and success through food system revitalization. FIN’s responsibility will be to set up the commercial kitchen so that members of the network can pilot a food business incubator in Kent that will offer 1 Port of Seattle’s Economic Development Partnership Programt Application Resolution cross-organizational resources and commercial kitchen space to underserved entrepreneurs. C. The city of Kent considers it in the best public interest to complete the projects described in the application(s) as it represents an alignment of the City’s strategic vision and the Port of Seattle’s Century Agenda. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - The Mayor is authorized to submit all materials necessary to submit this grant application and to make a formal cooperative agreement with the Port of Seattle to receive the funding, if awarded. The organization name for the grant application is the city of Kent, a Washington municipal corporation. The project name of this application is the “Port of Seattle Economic Development Partnership Program, 2016 Funding Application.” A substantially complete draft of the city’s application is attached as Exhibit A. SECTION 2. - Any grant assistance received will be used for direct costs associated with implementation of the project as described in the city’s application to the Port of Seattle. SECTION 3. - The city expects to receive the required matching share of project funding for this project from existing contract work with the Green River College’s Small Business Development Center to support 2 Port of Seattle’s Economic Development Partnership Programt Application Resolution local and small businesses. The project’s estimated budget is attached as Exhibit B. SECTION 4. – The city acknowledges that the Port of Seattle will issue grant funds, if awarded, on a reimbursement basis. The city understands reimbursement basis means that the city may only request reimbursement from the Port of Seattle’s Economic Development Office after the city incurs and pays eligible and allowable costs. SECTION 5. – Severability. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. SECTION 6. – Corrections by City Clerk. Upon approval of the city attorney, the city clerk is authorized to make necessary corrections to this resolution, including the correction of clerical errors; resolution, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 7. – Effective Date. This resolution shall take effect 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. 3 Port of Seattle’s Economic Development Partnership Programt Application Resolution SUZETTE COOKE, MAYOR ATTEST: SUE HANSON, INTERIM CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY P:\Civil\Resolution\Resolution_Portofseattle_Economicdevelopmentpartnershipprogram_Foodinnovationnetworkapplication.Docx 4 Port of Seattle’s Economic Development Partnership Programt Application Resolution EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A Category Port of Seattle Funds Matching Funds Total Funds Notes Low-cost commercial kitchen access for entrepreneurs 10500 9400 19900 Rent/utilities and repair/maintenance Entrepreneur startup support for licensing and permits 5000 2500 7500 $750/entrepreneur Project Feast consultation to entrepreneurs already being incubated 9000 9000 Chef + Kitchen Manager Project Feast pre-incubation services 28800 28800 Chef + Kitchen Manager + Program Coordinator + supplies Project Feast pop-up dining coordination 4800 4800 Chef + Kitchen Manager Service provider coordination and entrepreneur support 6900 8100 15000 FIN project management and coordination of cohort activities 0 17400 17400 65000 37400 102400 EXHIBIT B Agenda Item: Consent Calendar – 7K_ TO: City Council DATE: October 4, 2016 SUBJECT: Write-offs of Uncollectable Accounts – Authorize SUMMARY: Authorization is requested to write-off $59,429.20 in uncollectable accounts receivable. The accounts receivable balance as of 8/31/16 was $2,665,142.37 and the requested write-off represents 2.2% of the balance. $1,448.28 of the requested write-off consists of interest and finance charges. Of the $59,429.20: $3,765.07 represents unpaid fire permits for businesses that have closed; $24,080.69 is for violations and fines; $26,935.05 is for damage caused to City property; and the remaining $4,648.39 is comprised of miscellaneous city services. Accounts in collections are from 2008 to 2012. Accounts outside of collections consist of Park’s programs additional fees from 2001 to 2009 and one account from 2015, which have been deemed uncollectable. EXHIBITS: 2016 Write-offs Summary RECOMMENDED BY: Operations Committee YEA: Boyce, Ralph NAY: BUDGET IMPACTS: There is no budget impact as a result of this motion as these accounts have already been fully reserved as doubtful accounts and are not included in the net accounts receivable amount. MOTION: Authorize the Mayor to write-off uncollectable accounts owed to the City in the amount of $59,429.20, subject to final approval by the Finance Director. This page intentionally left blank. Misc. Accounts Receivables Write-offs: Year: Summary of Billing:Amount: Services: 2009-2012 Fire Permits - In Collections 3,765.07 Permits/Closed businesses 2008-2012 Violations and Fines - In Collections 24,080.69 Outstanding code violaitons and fines 2011-2012 Damage to City property - In Collections 26,935.05 Various PW Repairs and Services 2010-2011 Permits - In Collections 2,036.17 Permit NSF Checks 2011-2012 Misc. City Services - In Collections 2,180.62 Security/Legal/Overtime/Program fees 2001-2015 Misc. City Services 431.60 NSF check & Late pick up fees/Printing TOTAL - 2016 WRITE-OFFS:$59,429.20 This page intentionally left blank. Agenda Item: Consent Calendar – 7L_ TO: City Council DATE: October 4, 2016 SUBJECT: Amendment to the King County Conservation Futures Interlocal Agreement – Authorize SUMMARY: On February 22, 2016, the King County Council passed Ordinance 18239, which allocated $500,000 in Conservation Futures Tax (CFT) proceeds to the City of Kent’s Clark Lake Park – Walla Acquisition project. An additional $150,000 from the Conservation Futures Tax is expected to be awarded to this project in the near future. The Walla Property will add an additional 5.5 acres of land to Clark Lake Park. Parks Planning and Development staff applied for a Washington Wildlife and Recreation Program (WWRP) Local Parks grant in 2016 through the Recreation Conservation Office (RCO) to match the CFT grant. EXHIBITS: Interlocal Agreement, Amendment O RECOMMENDED BY: Parks and Human Services Committee YEA: Fincher, Higgins, Budell NAY: BUDGET IMPACTS: Revenue and Expenses will impact the Parks Land Acquisition budget MOTION: Authorize the Mayor to sign Amendment “O” to the King County Conservation Futures Interlocal Cooperation Agreement for funds in the amount of $500,000 to be used toward the purchase of the Walla property at Clark Lake, subject to final terms and conditions acceptable to the Parks Director and City Attorney. This page intentionally left blank. Amendment O CFT Interlocal Amendment Kent - King County Clark Lake Project 1 AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF KENT FOR OPEN SPACE ACQUISITION PROJECTS Preamble The King County Council, through Ordinance 9128, has established a Conservation Futures Levy Fund and appropriated proceeds to King County, the City of Seattle and certain suburban cities. This amendment is entered into to provide for the allocation of additional funds made available for open space acquisition. THIS AMENDMENT is entered into between the CITY OF KENT and KING COUNTY, and amends and attaches to and is part thereof of the existing Interlocal Cooperation Agreement entered into between the parties on the 29th day of January, 1991. The parties agree to the following amendments: Amendment 1: Article I. Recitals A paragraph is hereby added to the Recitals Section to provide for a Conservation Futures Levy Fund allocation for the Clark Lake acquisition Project, and hereafter reads: • On February 22, 2016, the King County Council passed Ordinance 18239, which allocated Five Hundred Thousand Dollars ($500,000) in CFT proceeds to the City of Kent’s Clark Lake acquisition Project. On July 5, 2016 the King County Council passed Ordinance 18312, authorizing the King County Executive to enter into interlocal agreements with the City for the disbursement of CFT proceeds as provided in Ordinance 18239. Amendment 2: Article V. Conditions of Agreement Section 5.1 is amended to include reference to Attachment O, which lists a 2016 Conservation Futures Levy funding allocation for the Clark Lake acquisition Project. Amendment O CFT Interlocal Amendment Kent - King County Clark Lake Project 2 Amendment 3: Article VII. Responsibilities of County The first two sentences of this article are amended to include references to Attachment O, which lists a Conservation Futures Levy funding allocation for the Clark Lake acquisition Project as follows: Subject to the terms of this agreement, the County will provide Conservation Futures Levy Funds in the amounts shown in Attachments A through O to be used for the Projects listed in Attachments A through O. The City may request additional funds; however, the County has no obligation to provide funds to the City for the Projects in excess of the total amounts shown in Attachments A through O. The County assumes no obligation for the future support of the Projects described herein except as expressly set forth in this agreement. Amendment 4: Attachment O The attachments to the interlocal agreement are hereby amended by adding Attachment O, which is hereby attached to the interlocal agreement, incorporated therein and made a part thereof. In all other respects, the terms, conditions, duties and obligations of both parties shall remain the same as agreed to in the Interlocal Cooperation Agreement as previously amended. This document shall be attached to the existing Interlocal Cooperation Agreement. Amendment O CFT Interlocal Amendment Kent - King County Clark Lake Project 3 IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces set forth below: KING COUNTY CITY OF KENT ____________________________ ________________________ Dow Constantine Suzette Cooke King County Executive Mayor Date: _________________ Date________________ Acting under the authority of Acting under the authority of Ordinance 18312 Ordinance: Approved as to form: Approved as to form: ____________________________ ________________________ Dan Satterberg King County Prosecuting Attorney City Attorney Amendment O CFT Interlocal Amendment Kent - King County Clark Lake Project 4 ATTACHMENT O 2016 CONSERVATION FUTURES LEVY CITY OF KENT FUNDING REDUCTION AND SCOPE CHANGE for the CLARK LAKE PROJECT Jurisdiction Project Allocation Kent Clark Lake $ 500,000 TOTAL $ 500,000 Project Description: 1126727 Kent - Clark Lake This new project will acquire a 5.5-acre, meadowland parcel on SE 240th Street that is an inholding at Kent’s Clark Lake Park. A house on the property will likely be removed, but if it remains Conservation Futures Funds will not be used towards its purchase. A small adjacent parking lot that is often at capacity may in the future be expanded onto a small portion of the 5.5 acre lot to allow for improved public access, per Kent’s public Master Planning process for Clark Lake. City of KENT– Clark Lake Acquisition: $ 500,000 Agenda Item: Consent Calendar – 7M_ TO: City Council DATE: October 4, 2016 SUBJECT: Naden Avenue Properties Surplus – Resolution – Adopt SUMMARY: In 2006, the City began purchasing properties for the Naden Avenue area. This was done in an effort to assemble a campus for a future Kent Aquatics Center. Following the completion of the aquatic center concept design process in July 2008, the City Council determined that the project would not move forward due in part to the onset of the recession. As the region began to recover from the recession, the City began to seek alternative ways to provide a community aquatic facility. Currently, the City is in partnership with the YMCA to construct a facility that would include a community aquatic center on Kent’s east hill. On June 16, 2016, the surplus consideration was presented at Parks and Human Services Committee and then, in accordance with Chapter 3.12 of the Kent City Code, Council scheduled an informational public meeting on July 1, 2016, to receive public comment and assist Council in its determination as to whether the Naden properties should be surplused. Two interested parties came to the meeting and the only comments received were in support of surplusing the properties. EXHIBITS: 1) Resolution; 2) Aerial map with list of parcel numbers RECOMMENDED BY: Parks and Human Services Committee YEA: Fincher, Higgins, Budell NAY: BUDGET IMPACT: N/A MOTION: Adopt Resolution No. __________ declaring the Naden Avenue properties surplus to the City’s needs, and authorizing the Mayor to take all appropriate actions to market the properties for sale or lease in one or more phases. This page intentionally left blank. RESOLUTION NO. ___________ A RESOLUTION of the City Council of the City of Kent, Washington, declaring City owned property in downtown Kent, generally bounded on the north by Meeker Street, on the west by SR 167, on the south by Willis Street, and on the east by the Interurban Trail corridor, and commonly referred to as the “Naden” properties, to be surplus to the City’s needs, and authorizing the Mayor to take all appropriate actions to market the properties for sale or lease in one or more phases. RECITALS A. Pursuant to RCW 35A.11.010, the city is authorized to dispose of real property for the common benefit. B. The Naden Avenue properties consist of a number of city-owned parcels generally bounded on the north by Meeker Street, on the west by SR 167, on the south by Willis Street, and on the east by the Interurban Trail corridor. The 60-foot Naden Avenue right-of-way runs generally north-south through the assemblage. Zoning is DCE, Downtown Commercial Enterprise. C. The Naden properties were originally purchased approximately 15 years ago with the primary intent to develop an aquatics center as part of the city’s parks system. Economic downturn, cost of construction, and shifting priorities now make that particular investment unfeasible. D. Pursuant to the City’s surplus property Ordinance no. 4203, the city council determined on June 21, 2016, to commence the process to consider whether the Naden properties should be sold or leased as surplus to 1 Resolution Surplus Naden Property the city’s needs. One parcel originally selected for aquatic center purposes, was never purchased and is now needed to improve parkland along the Interurban Trail Corridor. If purchased, that parcel may be included in the Naden properties, so it was included in the surplus process. In accord with that ordinance, the city published timely notice to the public, posted notice as required by the ordinance, and mailed notice to nearby property owners that the city would be considering whether to surplus the Naden properties. E. The SEPA Responsible Official issued a Determination of Nonsignificance on June 29, 2016, on the question of surplus only. The SEPA appeal period has since passed with no objection or appeals received. F. The City Council held a public meeting on July 19, 2016, and invited comments regarding the City’s surplus property consideration. Two persons attended that meeting who sought information about the possible surplus action, but who did not oppose the potential surplus. G. Having complied with the procedures and provisions of city code relating to consideration of city-owned property for surplus by sale or lease, the city council has determined that it is appropriate and timely to surplus all or part of the Naden properties in one or more phases. H. Because, as a result of this decision, the properties will no longer be considered for future park and recreation purposes, staff should amend the Park and Open Space Plan, as well as the comprehensive plan and zoning map, if necessary, to comply with this surplus decision. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: 2 Resolution Surplus Naden Property RESOLUTION SECTION 1. – Recitals Incorporated. The foregoing recitals are incorporated into the body of this resolution and will act as the findings of the Kent City Council on this matter. SECTION 2. – Public’s Best Interest. It is in the public’s best interest that this surplus property shall be marketed and sold in one or more sections for reinvestment and redevelopment to enhance city revenue and stimulate economic development in the city’s downtown core. SECTION 3. – Property Deemed Surplus. The Naden properties described in the recitals, which were originally acquired primarily for an aquatic center, are now surplus to the City’s needs and should be marketed for sale or lease. The Mayor is authorized to take all appropriate acts to fulfill the decisions made by this resolution. SECTION 4. – Plans to be Revised. The City’s Park and Open Space Plan, as well as its comprehensive plan and zoning map, if necessary, should be amended either during the annual comprehensive plan amendment process or through an emergency process, if appropriate, to comply with this surplus decision. SECTION 5. – Severability. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. SECTION 6. – Corrections by City Clerk. Upon approval of the city attorney, the city clerk is authorized to make necessary corrections to this resolution, including the correction of clerical errors; resolution, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. 3 Resolution Surplus Naden Property SECTION 7. – Effective Date. This resolution shall take effect and be in force immediately upon its passage. SUZETTE COOKE, MAYOR ATTEST: SUE HANSON, INTERIM CITY CLERK APPROVED AS TO FORM: 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 Resolution 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) SUE HANSON, INTERIM CITY CLERK P:\Civil\Resolution\Surplus Property_Naden.doc 4 Resolution Surplus Naden Property This page intentionally left blank. Agenda Item: Consent Calendar – 7N_ TO: City Council DATE: October 4, 2016 SUBJECT: Riverbend Clubhouse HVAC Replacement Project – Accept as Complete SUMMARY: In January 2015, the Parks Department contracted with McKinstry Essention LLC for $755,097.67, to perform all work and provide materials necessary to replace aging HVAC equipment with a new and more energy efficient system at the Riverbend Clubhouse. The project manager accepted the project as complete on September 22, 2016, subject to warranty provisions. EXHIBITS: Acceptance Letter RECOMMENDED BY: Parks, Recreation and Community Services Director BUDGET IMPACTS: Facilities Capital HVAC Lifecycle Replacement Budget MOTION: Accept as complete, the replacement/upgrade of HVAC equipment and controls project at the City of Kent Riverbend Clubhouse and release retainage funds of $34,380.95 to contractor, subject to receipt of all releases required from state agencies. This page intentionally left blank. This page intentionally left blank. OTHER BUSINESS This page intentionally left blank. Agenda Item: Bids – 9A_ TO: City Council DATE: October 4, 2016 SUBJECT: Vactor Solid Waste Disposal 2016 – Award SUMMARY: Through normal business operations of catch basin pumping and drainage ditch cleaning, a considerable volume of soil (material) is generated annually by the drainage utility. This material is temporarily stock-piled and processed at the utilities vactor decant facility located along 64th Avenue South. The level of contaminants (hydrocarbons and metals) within the material is tested prior to disposal to determine an appropriate disposal location. On June 20, 2016, staff informed the Public Works Committee there were approximately 1,200 cubic yards of material that contained high levels of contaminants, requiring disposal. Since that presentation, the second stock-pile of material on hand (900 cubic yards) was tested. Tests results for contaminants were again high, requiring a disposal site certified and permitted to accept the material from both stockpiles. A contract to load, haul and dispose of both stock-piles of contaminated material at a certified/permitted site was publically advertised. One bid was received from Rivers Edge Environmental Services in the amount of $217,056.00. Staff is recommending award of this contract at the October 4, 2016 Council Meeting. EXHIBITS: Memo dated September 14, 2016 RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A MOTION: Award the 2016 Vactor Solid Waste Disposal Project to Rivers Edge Environmental Services in the amount of $217,056.00 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 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: September 14, 2016 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: 2016 Vactor Solid Waste Disposal Project - Award Bid opening for the 2016 Vactor Solid Waste Disposal Project was held on Tuesday September 13, 2016 with one (1) bid received. The lowest responsible and responsive bid was submitted by Rivers Edge Environmental Services in the amount of $217,056.00. The Public Works Director recommends awarding this contract to Rivers Edge Environmental Services. Bid Summary 01. Rivers Edge Environmental Services $217,056.00 This page intentionally left blank. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other This page intentionally left blank. Page 1 of 6 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: 10/04/16 TO: Mayor Cooke Councilmembers FROM: Derek Matheson, Chief Administrative Officer SUBJECT: CAO Report for Tuesday, October 04, 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 presented her 2017-18 proposed budget at a special meeting on Tuesday, September 27. The council will meet weekly through mid-November to hear department presentations, ask questions, deliberate, and make decisions. Budget adoption is scheduled for Tuesday, December 13. • A second round of city clerk interviews was scheduled for Friday, September 23. • The mayor and Chief Administrative Officer (CAO) met with Karras Consulting to review approximately 60 applications for parks director. • The mayor, Economic & Community Development Director Ben Wolters, and CAO met with ShoWare CEO Bruno Boehi to discuss an extension of our naming-rights agreement with the company. • The mayor, Community & Public Affairs Manager Michelle Wilmot, and CAO met with lobbyist Doug Levy to make preliminary decisions about the proposed 2017 legislative agenda. • North Park neighborhood experienced overflow parking from ShoWare Center’s Dolly Parton event last week. Staff from multiple departments will be meeting on September 29 to discuss the Residential Parking Zone (RPZ) functionality in the neighborhood. ECONOMIC AND COMMUNITY DEVELOPMENT • Economic Development o ECD and Parks & Human Services hosted a meeting of five community colleges, manufacturing training providers, regional and state economic development and workforce development agencies to discuss carrying forward the work of the America’s Promise Department of Labor grant regardless of award outcome. Next steps of organizing the work and potential funding sources were discussed. Page 2 of 6 o ECD staff fielded calls from multiple brokers and developers interested in finding land and locations within the City of Kent suitable to open new hotel offerings. o ECD staffers met with the director of Transportation Choices to provide a tour of Kent and explain the City’s movement towards Complete Streets policies. Transportation Choices is one of several nominating agencies for state Complete Streets dollars. o ECD met with a downtown property owner to discuss his future plans for the sale of his building holdings. • Permit Center o Projects  Carrington Homes Short Plat Address: 25930 116th Ave SE Scope of Work: Subdivide parcel into two lots on property.  Holiday of Kent Address: 25035 104 AVE SE Scope of Work: Proposal to construct a 127 unit, independent senior living facility with mixed commercial uses on 4.36 acres. the size is zoned cc-mu. FINANCE • Finance is beginning to gear up for the 2016 year-end process. We are planning to provide year-end process meetings/trainings in early November. The year-end process will be a little different this year from previous years as we are planning on implementing a 13th month accounting period. Finance is holding a meeting later this week to discuss the implementation of this new process with members from other departments. • The Council budget process is underway. Finance will be supporting Council over the next several weeks as they continue their budget deliberations. HUMAN RESOURCES • Benefits o Staff conducted citywide onboarding lean process to streamline current process and implement new ideas. More to come. • Community Outreach o New Hire Respect Orientations will be offered in October. Invitations will be emailed to appropriate staff to sign up (note, this is a correction from the 9/20 CAO report). o In preparation for the November job fair, staff is offering interviewing workshops to non-profits with job readiness programs. We are focusing on interviewing because that is a step in the hiring process where many candidates fail. • Teamster negotiations on Tuesday and AFSCME negotiations on Wednesday. Page 3 of 6 • Recruitment o Staff facilitated Lateral and Entry Level oral board interviews for the police department September 26-28. o Facilitated three focus groups from the Parks, Recreation, and Community Services department, including members from all three commissions in the Parks department, to gather feedback and input for the parks director recruitment process o Final interviews for the City Clerk are taking place Friday, September 30. o Adam Long was offered, and accepted, the position of Asst. City Attorney in the Civil division. He will start with the City on October 24. Adam, who currently works as a municipal attorney for Island County, will join the city attorney’s office and primarily work on land use matters. o Preparing for Lateral and Entry Level Corrections Officer oral board interviews that are taking place on October 6-7. o Staff attended the Compliance Insights Conference in Renton on September 29. o Staff met with Karras Consulting, Inc. on September 29 to go over the feedback received from the focus groups as well as obtain a status from Karras on applications received for the Parks Recreation, and Community Services Director position. • Risk Management o Working on applications for 2017 Liability Reinsurance and Excess Worker Compensation coverage. These applications are lengthy and require discussions with Departments concerning changes in exposure since prior year application. o Working with the Police Department on coverage for drone usage in Kent. This could also apply to other departments in the event drone usage is planned. This coverage is not currently maintained by the City. INFORMATION TECHNOLOGY • As part of the ISP/Information Security Program, Multimedia received a perfect score on the Kent IT Cyber Secure video animation at the NATOA/National Association of Telecommunications Officers and Advisors. Special recognition goes to Mark Ciavarella for leading the effort! • Internet Explorer version 11 is now available to all desktop and laptop computers and a simple reboot is all that is required. This browser upgrade should address compatibility issues on the U.S. Bank Access website. LAW • Civil Division Update o We continue to work on the Water District 111 franchise agreement. Negotiations appear to be nearing an end, with the result that the city will be imposing a six percent franchise fee on a significant portion of the District’s gross revenues in exchange for a city promise not to assume the District for the next ten years. o We also are near completion of a complicated set of negotiations that will shift most Regional Fire Authority (RFA) facility maintenance obligations to the RFA, allowing the RFA to take over the operation and maintenance of Fire Station 75 and those portions of Fire Station 74 under the RFA’s exclusive control. Page 4 of 6 • On September 23, Criminal prosecutor, Julie Stormes argued an important marijuana DUI case in the Division One Court of Appeals. A person convicted of exceeding the legal limit of blood THC level appealed the conviction arguing that the THC legal limit was statutorily unenforceable on constitutional, scientific, and other grounds. This appeal has huge implications across this state, and is a matter of first impression in the nation. Julie did an incredible job with a complicated case. She was well prepared, articulate, and extremely convincing. We should receive the opinion within the next few months. PARKS, RECREATION, AND COMMUNITY SERVICES • Parks Planning and Development o The City was just notified that we are the recipient of the Washington Chapter of the American Planning Association’s 2016 award in the Comprehensive Planning / Development Regulations-Large Cities and Counties category for our 2016 Parks and Open Space Plan. The awards luncheon will be in Portland on October 28, during the Joint APA Oregon-Washington Annual Conference. o The Green Kent Partnership hosted six environmental restoration events in September at priority parks enrolled in the program. Stewards, community volunteers, and corporate groups joined forces to improve critical natural areas, restore wildlife habitat and give back to the community. o The National Public Lands Day event at Riverview Park on the September 24 was very successful. Approximately 50 volunteers helped remove 5-cubic yards of invasive plants and spread 30-cubic yards of mulch. They worked in an area that was planted with cottonwood trees at last year’s Arbor Day event. Their efforts will help ensure the long-term success of the young trees. o Planning begins for the Green Partnership’s largest event of the year, Green Kent Day. This event will be held on October 22 at Morrill Meadows Park where over 150 volunteers are expected to work together to care for the existing urban forest at this highly used and highly functioning park. • Recreation o Youth and Teen staff met with the Vice President of Washington Shoe Company located in Kent. Recently, they donated rain boots and jackets to Kent Clothing Bank and Union Gospel Mission, as well as other Kent groups that provide resources for people. They started a foundation called “Wear A Big Smile” less than a year ago and want to find more ways to give. We are currently connecting them with the Kent Schools starting with highest free and reduced lunch sites and are incorporating their generosity into events like the Fishing Experience, Community Thanksgiving Dinner, afterschool programs and any other opportunities where they can help those in need. • The Senior Activity Center and FD Cares presented the 6th annual Wellness Fair on Thursday, September 22 from 8:30 a.m. to 12:00 p.m. at the Senior Center. There were over 30 booths featuring information on health, housing, finance and social services. Complimentary flu shots and health screenings (blood pressure and glucose checks) were provided by the Fire Department. Attendees were able to observe ongoing fitness classes and workshops as well as speak with the fitness trainer. Two hundred $1.00 boxed lunches were served. The event was very well attended and received many positive comments. Page 5 of 6 • Housing and Human Services o Human Services staff participated in the United Way of King County Drop Out Prevention application review. UWKC has shifted focus for funding to providing services to youth with the greatest disparities in graduation rates and youth that are disconnected from school and work. There is approximately $3 Million in funding available for services in King County. Several organizations providing services to youth in Kent applied for funding. o Recreation, Human Services and Police staff are co-designing a youth provider gathering to be held at the Kent Parks Community Center on Oct 10 from 6:30 – 8PM. About 75 organizations have been invited. This group will inform next steps for a youth initiative in Kent. We are fortunate to have a community member joining in the planning of the event. o Human Services staff participated on the formation of the Kent Food Policy Committee - a committee of Living Well Kent. The group established a collaborative agreement that includes roles for the committee, vision, mission and proposed early committee activities. Staff is meeting with representatives of Living Well Kent to discuss a project on the East Hill of Kent. POLICE • Staff Changes - Hiring/Retirement/Recruitment/ Leaves/Promotions o Detective David Trogdon retired on September 22 after 33 years in Law Enforcement, 20 of those with The City of Kent. o A conditional offer was made to a lateral officer candidate. • Significant crime activities/arrests/investigations o On September 15 at 4:52 p.m., there was a reported drive-by shooting on 256th behind Washington Park Apartments. The 21-year-old victim and friend were walking east on 256th and heard shots being fired so they turned into the Washington Park Apartments to get out of the way, at which time the victim was hit in the foot by a bullet. There is a limited suspect description and the victims were evasive in their accounts of the incident. o On September 15 at 4:17 p.m., officers responded to a report of a Hit-and-Run in the area of 26000 and Pacific Hwy S. Officers soon located the suspect vehicle. As Officers attempted to stop the vehicle, it fled southbound. A pursuit ensued and Officers terminated the pursuit at 279th and Pacific Hwy S. The suspect continued south on Pacific Hwy and collided with two cars at 288th and Pacific Hwy and then the driver fled on foot. Kent Officers located the suspect hiding in the bushes and took him into custody for DUI/ Hit-and-Run. No reported injuries to the involved victims of the collisions. o On September 18 12:07 a.m., officers responded to the area of 132nd Ave SE and SE 224th Street for a report of a vehicle that was swerving and possibly DUI. Officers locate the vehicle and attempt to stop it, when it fled from them. A pursuit ensued and the driver ended up running from the vehicle. Officers quickly apprehend the driver and he arrested him for DUI/eluding and possession of drugs (appearing to be both Marijuana and Cocaine). o On September 25 at 8:40 a.m., officers were dispatched to a non-injury shooting at the Village at Lake Meridian Apartments. It appears that two shots were fired into two separate occupied bedroom windows (facing SE 256th Street). Page 6 of 6 This incident may be a continuation of a call that was received the night before at 9:26 p.m. by a resident that confronted a suspect on two different occasions for selling drugs in the area, which resulted in a car belonging to another resident being damage. When the shots rang out this morning, one victim looked out the window and saw the drug dealing suspect running away. o On September 24 at 4:46 a.m., officers responded to the Cloud 9 Tavern on a report of a male in the parking lot waving a pistol around. As officers arrive, they stop a vehicle in which the driver matches the description of the suspect with the gun. Upon further investigation a gun was seen under the passenger’s seat, so the car was impounded for a warrant – which later was approved and the gun was retrieved and put into evidence. The suspect, who has four felony convictions, was arrested and booked. o On September 25 at 3:57 p.m., there was a robbery-with-a-gun at the Cricket Cell phone Store located at 26019 104th Ave SE. The suspect entered the store wearing a hoodie and a mask. He presented a note and a gun; demanding cash from the tills and cell phones from the back. The suspect then fled out the back door of the store. # # # EXECUTIVE SESSION A. Collective Bargaining, as per RCW 42.30.140(4) ACTION AFTER EXECUTIVE SESSION