The URL can be used to link to this page

Home My WebLink AboutCity Council Meeting - Council - Regular Agenda - 11/02/2021 KENT CITY COUNCIL AGENDA Tuesday, November 2, 2021 5:00 PM Chambers Masks are required regardless of vaccination status. A live broadcast is available on Kent TV21, www.facebook.com/CityofKent, and www.youtube.com/user/KentTV21 To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID 862 2986 5415 Mayor Dana Ralph Council President Toni Troutner Councilmember Bill Boyce Councilmember Marli Larimer Councilmember Brenda Fincher Councilmember Zandria Michaud Councilmember Satwinder Kaur Councilmember Les Thomas ************************************************************** COUNCIL MEETING AGENDA - 5 P.M. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff. 4. PUBLIC COMMUNICATIONS A. Public Recognition i. Employee of the Month ii. Proclamation for Marge Williams Day B. Community Events 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report B. Chief Administrative Officer's Report C. Councilmembers' Reports City Council Meeting City Council Regular Meeting November 2, 2021 6. PUBLIC HEARING 7. PUBLIC COMMENT The Public Comment period is your opportunity to speak to the Council and Mayor on issues that relate to the business of the city of Kent or to agenda items Council will consider at this meeting. Comments that do not relate to the business of the city of Kent are not permitted. Additionally, the state of Washington prohibits people from using th is Public Comment period to support or oppose a ballot measure or candidate for office. If you wish to provide comment to the Mayor and Council at this meeting, please contact the City Clerk by 4 p.m. on the day of the meeting at 253-856-5725 or CityClerk@KentWA.gov. If you intend to speak in person, please see the Clerk at the beginning of the meeting to sign up. When called to speak during the meeting, please state your name and city of residence for the record. You will have up to three minutes to provide comment. Please address all comments to the Mayor and Council as a whole. The Mayor and Council may not be in a position to answer questions during the meeting. Alternatively, you may email the Mayor and Council at Mayor@KentWA.gov and CityCouncil@KentWA.gov. Emails are not read into the record. 8. CONSENT CALENDAR A. Approval of Minutes 1. Council Workshop - Workshop Regular Meeting - Oct 19, 2021 5:00 PM 2. City Council Meeting - City Council Regular Meeting - Oct 19, 2021 7:00 PM B. Payment of Bills - Approve C. Accept the Reith Road Watermain Improvements Project as Complete - Authorize D. Write-offs of Uncollectable Accounts - Authorize E. Commute Trip Reduction Grant - Authorize F. USGS Joint Funding Agreement for Fiscal Year 2022 - Authorize G. Sound Transit Federal Way Link Extension Temporary Construction Agreement - Authorize 9. OTHER BUSINESS A. Amend Agreement with U.S. Small Business Administration for Shuttered Venue Operators Grant for accesso ShoWare Center - Authorize 10. BIDS 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda is available in the City Clerk's Office and at KentWA.gov. City Council Meeting City Council Regular Meeting November 2, 2021 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 7-1-1. wHEREAS, wHEREA+ WHEREAS, wHEREAS, wHEREAS, PROCLAMATION Today we honor longtime Kent resident and community volunteer, Marge Williams, who passed away on September 3, 2O2Li and Marge had a love for her community and for helping others that would not allow her to limit her service to just one organization, leading her to serve with many groups across the community including Rotary, Kent Chamber of Commerce, Kent Music4life, Kent Community Foundation, Kent International Festival, Kent Communities in Schools, the Kent Food Bank and Northwest Harvest, as well as being active in her church; and Marge's sincerity and commitment to giving back was contagious and she engaged, encouraged and inspired many people to get involved in the community; and Marge's warmth, compassion and commitment to helping others made her an excellent advocate and mentor who led by example; and Marge's many years of service to the City of Kent and its residents have left a lasting impact and example of what it means to truly have a heart for service; NOW THEREFORE, I, DANA RALPH, MAYOR KENT, DO HEREBY PROCLAIM NOVEMBER2,2O2t TO BE Marge Williams Day In Kent Washington and encourage all residents to honor her life by following in her footsteps as volunteers, caretakers and advocates for others. In witness whereof, I have hereunto set my hand this 2nd day of November,2Q21, Mayor Ralph KENT WASHTNGToN 4.A.2 Packet Pg. 4 Communication: Proclamation for Marge Williams Day (Public Recognition) Page 1 of 10 Administration • Thank you to the City Council, mayor, department directors, finance staff, and everyone who helped with the 2022 mid- biennium budget process! The council wrapped up its budget discussions October 19 and will take action at the Operations & Public Safety Committee and City Council meetings on November 2 and November 16, respectively. • We’re awaiting federal and then state direction on mandatory vaccinations in organizations with 100 or more employees. Race & Equity • The Race & Equity CORE team decided on the 5 areas of focus during our October meeting. Our November meeting will be dedicated to creating a goal for each one of the areas of focus. The team will be using the concept of Targeted Universalism to facilitate the goal creation process. • The Cultural Communities Board is currently in transition. The board will transition into a resident led board that will oversee the Race & Equity Strategic plan’s measurable outcomes. A stakeholder group, composed of current board members, will help lead the transition. The board’s regular meetings for November and December have been cancelled. • The Census Bureau has delayed their release of language data. The current top five non-English languages spoken at home, based on KSD data and 2019 ACS data are as follows; Spanish, Punjabi, Vietnamese, Somali and Ukrainian. The fastest growing language in the City of Kent is Dari. Economic Development • Economic development is planning to engage EcoNorthwest to examine frameworks for creating tax-increment financing districts after the legislature passed an enabling bill last session (ESHB 1189, or the TIF for Jobs bill). The work will not advocate for methodologies, but it will compile the data sets and provide analytical tools necessary to staff for an eventual public process to establish TIF districts. • Economic development continues to help with outreach for the Kent Valley Entrepreneur Food Center (previously referenced as ‘food hub’) with our partners. Economic development staff, plus King County, assorted community organizations, private businesses, distribution companies, and non-profits are surveying information. Consultant group New Ventures flew from Chicago to meet at Green River College with Kent staff and local organizations. Operational models based on surveys to date were discussed, as were strategies for reducing the barriers for smaller entrepreneurs. As plans develop, more details will be presented at upcoming committee meetings. • Economic development submitted the City of Kent along with OneRedmond for a federal Economic Development Administration Build Back Better Phase I ADMINISTRATION ECONOMIC AND COMMUNITY DEVELOPMENT November 2, 2021 5.B Packet Pg. 5 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 2 of 10 planning grant. This highly competitive national grant for $500,000 could pave the way for Phase II funding which greatly increases fund awards (tens of millions per applicant). The City and One Redmond’s application, titled “Advancing Equity in the Innovation Economy,” presents seven projects in high-tech sectors of the Seattle metro region to increase participation in workforce training or entrepreneurship development from more diverse backgrounds. Details on specific initiatives the funds could benefit will be forthcoming if the application is successful. • Largely through efforts of economic development staff, the Washington chapter of Women in Manufacturing’s mentorship and networking group for women in manufacturing related careers, is holding its 2021 recap event here in beautiful downtown Kent. The event is titled “Our Intrapreneurship Journey” and will be held November 18 at the Kent Station Green River College facility. More information can be found here, under upcoming events: https://www.kentvalleywa.com/ Long Range Planning On October 11, 2021, long-range planning staff published a new "Housing One-Stop- Shop" webpage after months of cross- departmental collaboration and development. The page was identified as a near-term implementation item necessary to ensure public access to housing information in the Kent Housing Option Plan. This page is a starting place for all housing needs in Kent, including a series of links to internal and external resources for housing assistance, rental information, landlord and tenant rights and responsibilities, and a list of housing- specific legal resources. Permit Center/Building Services • The new Amanda permitting software had a soft go-live for new single family residence applications on October 18. Additional application types will be added in the near future. • As of submission date, City Inspectors conducted 1,017 inspections, and plan reviewers completed 75 new application reviews and 50 re-submissions. • Building Inspector Andy Newell starts as a plan reviewer November 15, and a new inspector starts that day as well. • ECD has added Jessie Orr as a new TLT Permit Tech. Open enrollment begins October 29 and runs through November 12. This will be our first open enrollment in Workday, so we are excited (and a little nervous)! Information Technology Projects • Tiburon Replacement – to replace the Police Department’s end of life criminal record management system, Tiburon, with a scalable solution that will integrate with other department systems for centralized management and secure/encrypted data share. The solution will streamline the current PD system landscape resulting in more efficient, accurate tracking of records and maintenance contract savings in addition to aligning with citywide initiatives. • Recreation System Replacement - to implement a recreation management system for Parks’ staff to input, manage and maintain customer accounts, memberships, programs, facility rentals, and leagues in support of its operations. Project is driven by current solution no longer being supported by the vendor and incompatible with Office365. Information Technology operational support for October 17, 2021 to October 26, 2021 • Number of tickets opened – 122 • Number of tickets closed – 192 Enterprise GIS General: • Continued normalization of address database • Working with Legal on renewal of Esri Enterprise Agreement • EGIS Intern working on updating outward facing Kent GeoPortal data and maps • Assisting with GIS needs for CMS refresh project FINANCE HR IT 5.B Packet Pg. 6 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 3 of 10 • Meeting with Esri on implementing rearchitected plan for GIS system • Meeting with Police for training on SafeCam application management and use Weekly Customer Service Requests • Monthly GIS data update • Providing customer support to help staff connect to GIS data • Managing AutoCAD license renewal • Managing ArcGIS Esri license requests • Managing Connect Explorer login access • EGIS participating in citywide software implementations and providing GIS support • Represented the City at a contested hearing before the City’s hearing examiner. The property owner was cited for violating the Kent City Code by building a car port at his property and failing to obtain the required permit and inspections. The City prevailed at the hearing and the property owner has been ordered to pay the full fine and immediately comply with the correction action required in the Notice of Violation. • Worked with outside counsel to prepare briefing for the City’s summary judgment motion in the Rodriguez and Taylor v. City of Kent case. In this case, the City is defending against a claim associated with flooding that occurred during a historic December 2019 rainstorm. • Assisted the Parks Department is interpreting new requirements for those entering various Parks facilities or participating in certain Parks programs. • Continued to work with various regional leaders and legislators to finetune police reform bills passed during the 2021 legislative session. • Prosecutors are about to conclude a 2 ½ week jury trial term. Typically, a jury trial term is one-week; however, in order to “catch up” on a backlog of cases, the court held a 2 ½ week trial term in October. So far, one case proceeded to a jury trial on a charge of harassment. This trial lasted for 2 ½ days and resulted in a not-guilty verdict. While the extended trial term was successful in dealing with the backlog of cases, it required prosecutors to watch hours upon hours of body worn camera video in order to prepare. Kudos to all of the prosecutors’ hard work in managing the increased jury trial case load in October. • Prosecutors watched 22,713 minutes (379 hours) of body worn camera video in preparation for the 2 ½ week jury trial term. • Continued to assist the Clerk’s office with public records requests as needed, and Public Works, ECD, IT and Parks with a number of high priority contracts and development projects, including property rights and access issues involving Naden Avenue. • Assisted the Clerk’s Office in preparing the agenda for the City Council meetings and Committee of the Whole meetings. • Assisted the HR Department in a number of sensitive employment and labor related matters. • Assisted City departments in reviewing and negotiating contract terms on a number of contracts related to construction, technological, and development projects. Facilities • Concluded heating switch over for HVAC systems city-wide. • Kent Historic Museum exterior paint project is complete. • Neely Soames House exterior repairs and painting in progress. • Police HQ renovation contract is awarded and planning and procurement of materials is in progress. • Centennial Center Detectives T.I. project is awarded and project will be kicking off in Q1 2022. • City Hall elevator inspections 11/10/21 1- 3pm. Human Services • Staff attended the Housing Washington virtual conference. Led by the Washington State Housing Finance Commission in partnership with the Washington State Department of Commerce and Washington LAW PARKS, RECREATION, AND COMMUNITY SERVICES 5.B Packet Pg. 7 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 4 of 10 Low Income Housing Alliance, the purpose of the annual conference is to enhance the skills, vision, and understanding of professionals working in affordable housing in Washington state while challenging them to work toward racial equity and social justice. To view the program visit: https://www.housingwa.org/ • Staff attended the virtual Conference on Ending Homelessness (COEH). COEH is an annual event that brings together over 800 people from across the state who are working to end homelessness to learn from each other, exchange ideas and share advice, and organize to end homelessness in Washington and beyond. Keynote speakers included Dr. Ibram X. Kendi, the Andrew W. Mellon Professor in the Humanities at Boston University, and the founding director of the BU Center for Antiracist Research, as well as Julian Castro. Castro served as U.S. Secretary of Housing and Urban Development from 2014-2017. He is the author of the memoir An Unlikely Journey: Waking Up from My American Dream. Following his run for President, Castro launched People First Future to help elect candidates whose campaigns are focused on improving the lives of the people they hope to represent. In July, he joined NBC News and MSNBC as a political analyst. To view the conference program visit: https://www.wliha.org/conference/program • Staff is meeting internally and subregionally to plan and discuss options for severe weather shelter. Covid continues to present challenges, including the need for increased availability of space to accommodate required distancing requirements, as well as ventilation. King County Regional Homelessness Authority staff have offered to assist with coordination but will not be activating SWS. • In collaboration with North, East and other South King County cities, staff are planning the Human Services Funders Collaborative grants process that will open in 2022. A virtual workshop was held for organizations not currently funded, or that have not applied for funding, and 31 individuals attended. Technical assistance (in an expanded variety of formats) will begin early in 2022 and the application will open in March. • King County Regional Homelessness Authority (KCRHA) staff are actively initiating subregional planning. KCRHA assumed contracting from King County and Seattle and will take on a full system re-bid in 2023, which holds the potential for significant changes. KCRHA is also seeking additional funding to add peer navigation outreach, high quality data tracking and bridge housing. As part of the subregional planning work, within South King County Alexis Rinck (previously with SCA) has met with 71 different people representing 51 different organizations and attended several provider and jurisdictional meetings throughout the subregion to build relationships and direct connections. Paul Tan (previously with KYFS) was hired as the new South King County Sub-Regional Planning Coordinator, beginning October 1. • Staff have been meeting (in person and virtually) with many local providers to learn more about programs, capacity needs, and catching up in general. Staff is also beginning to attend a few more community events after missing many during the pandemic. A key focus of human services division continues to be to build and maintain positive relationship with providers serving our residents. Ensuring Commissioners are engaging with community organizations and a community meeting (virtual) to be held in November. • The Youth Provider Core Team and Youth Network are meeting again after a long break due to COVID. Over the past year, a group of youth focused nonprofits, Library, Kent School District, King County Housing Authority and City of Kent met to identify specific barriers and challenges for youth during COVID and worked together to identify and implement solutions. Moving forward, focus of the Core team is ensuring youth have access to high quality out of school time activities, and improved partnership and collaboration. Two specific areas of interest are youth mental health and youth employment focused on developing an internship program. On 5.B Packet Pg. 8 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 5 of 10 October 25, youth leaders of various Kent advisory groups joined the Core team members to discuss the focus of their advisory or leadership group, how youth are doing, and how the Core team could be helpful to their work. The first Youth Provider Network meeting (to be held virtually) will be in November. • The Kent Human Services Commission approved the 2022 Community Development Block Grant (CDBG) Annual Action Plan. The City estimates that 1,159,798 in CDBG will be allocated in 2022, with 15% going to public service programs, 20% to planning and administration, and the remaining 65% to home repair and other capital projects. Planning and Development • The 4th and Willis Greenways project is well underway with sub-grade work nearing completion and concrete/asphalt pathways being poured in November. Once complete, this project will provide an urban green space that connects downtown Kent to the Interurban Trail. • The PPD team completed three grant applications through King County Parks Capital and Open Space grant program. These grants have a 100% match requirement and, if awarded, will provide supplemental funding to expand recreational value at each park. Projects include: o Salt Air Vista Park renovation o Morrill Meadows Park phase 2 improvements o Kent Regional Trails signage and site furnishings • The 228th Gateway Landscape project has reached substantial completion. This project is part of an effort to improve the city's gateways in the industrial valley by improving Kent signage, adding irrigation, and improving landscape plantings. The PPD team is looking to implement one of these each year until all of the gateways are complete. Recreation and Community Services • The Youth and Teen Division has returned to in-person programming for after school energy and early release Wednesdays. These programs provide active and engaging opportunities for children in K-6th grade at several Kent Elementary Schools. We have hired, trained, and are mentoring local high school students in our part-time leader positions. • The 2021-2022 Spotlight Series kicked off on October 9 with a performance by Collision of Rhythm, featuring drumming, juggling, tap dancing, and music – 116 people attended. The group also conducted a class for 28 intermediate and advanced tap dance students at Allegro Performing Arts Academy. • Italian guitar virtuoso Luca Stricagnoli performed on Friday, October 22 to a sold- out crowd of 121. Socially distanced seating limits our capacity to 35% of the venue’s typical capacity. (Spotlight Series shifted back to a full-capacity model with implementation of the King County vaccination mandate on October 25.) • Registration for the annual 5K and 10K Christmas Rush Fun Run opened on Friday, October 15. Seventy-one runners are already registered. • Kent Creates is hosting an online exhibit around the theme “Free to Roam.” The exhibit is accepting submissions in all mediums through November 30. • Paintings by Ian Shearer and Tsehaye Hadish are on display in the Centennial Gallery through October 29. Staff Changes - Hiring/Retirement/Recruitment/ Leaves/Promotions • Commander Holmes retires October 31. • Commander Scholl retires October 31. • Entry level Officers Kyle Stevenson, Matthew Litke, & Anthony Munoz start November 1. • Cassi Fowler starts as an Administrative Assistant II November 1. Significant crime activities/arrests/investigations • On October 16, at 11:57 am, a 33-year-old victim was shot at the Phoenix Court Apartments. The victim did not survive. Detectives are investigating. • On October 16, at 6:00 pm, a 39-year-old victim showed up at her son's house in SeaTac with gunshot wounds to her leg and back. The victim stated she was headed home (east hill of Kent) when she was POLICE 5.B Packet Pg. 9 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 6 of 10 flagged down by an unknown subject. She stopped and he asked for money, then she was shot and ran in the bushes to hide. Once the coast was clear, she returned to her car and noticed her purse and phone were missing. She drove to her son’s house for help. Detectives are investigating. • On October 15, at 9:29 am there was an armed robbery at Lupita's Tires and Wheels, 27050 Pacific Highway South. Two armed males demanded cash and fled. Detectives are investigating. • On October 15, at 9:51 pm hours, a male victim was shot in the shoulder by someone known to the victim at Shafron's Mobile. The suspect was not at scene. The victim is expected to survive. Detectives are investigating. • On October 18, at 3:28 am, a homeless subject started a dumpster fire and attempted to light the building on fire on the SW corner of the 7-11 at 22422 83rd Ave S. No one was injured. Puget Sound Regional Fire Authority distinguished everything and responded to take over the investigation. • On October 19, at 12:18 pm, detectives were in the parking lot of Sherman Williams on Pacific Hwy on another case when they witnessed a male point a handgun at another male during an altercation. A foot pursuit ensued, and the suspect was eventually caught on the west side of the street. The suspect was in possession of a gun and is a convicted felon. • On October 23, at 3:31 am, Patrol was dispatched to a commercial burglary in progress at the Smoke Shop, 417 Central AVE S. The owners off the location viewed the surveillance cameras and observed two males inside the business. Patrol arrived and found forced entry to the rear door and the sound of crashing inside. The building was surround and Patrol found the rear door barricaded. The owners arrived and provided a key to the front door. After the door was opened and K9 announcements were made, two male suspects appeared and were arrested. The suspects had stolen product on them at time of arrest with other bags staged inside the business. The suspects had removed the electrical meters to the building right after the owners had them on camera. The owners of the business were very happy and thankful. • On October 23, at 2:04 pm, a victim and her 12-year-old son and his two 12-year-old friends were parking behind the Fil Cuisine restaurant at 238/108th. They were getting out of the car when the female driver was confronted by an unknown male that demanded her keys and pointed a gun at her. She told her passengers to run, which they did. She refused to give the keys and the male left. Detectives are investigating. • On October 24, at 8:04 pm, officers were dispatched to an illegal discharge at the Avana West Hill Apartments where occupants were having a party. Officers heard additional gunshots after walking around the building and a male exited carrying a rifle case. The male ran back inside the apartment and the occupants turned off the lights. The only probable cause that could be established was for obstructing and the scene was cleared. • On October 24, at 9:56 pm, officers responded to a report of cyber stalking/harassment with threats of rape over social media to several students at Meridian Middle School. Case referred to detectives. Other • Officers took a robbery case with a distinct suspect vehicle noted but no plate. Subsequently, the same vehicle was used in a strong-arm robbery with firearms displayed at AM/PM at 104/256 where surveillance cameras grabbed the license plate. Officers checked the plate and discovered the same vehicle had been used a few days prior in a strong-arm robbery of an iPhone. All suspects appeared to be juveniles. Officers were on their way to speak to the registered owner of the vehicle when Auburn requested K9 for an abduction call in their city. The suspect vehicle was the same vehicle. Officers located two female suspects and were able to ID the males as the same ones contacted on a harassment case on the 24th at the Atrium apartments. Land Survey/PW GIS • Land Survey field staff have completed portions of design topography mapping on the following projects: 2022 Watermain, Linda Heights Pump station, 144th Ave Road Raising and a potential roundabout at 108th St. & SE 264th Ave. Field crews have PUBLIC WORKS 5.B Packet Pg. 10 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 7 of 10 also provided construction staking for the 2021 watermain project and assisted Storm staff in setting new staff gauges along the Green River Corridor to monitor potential flood levels. Land Survey office staff have calculated right of way, reviewed future Capital Improvement Project design plans and drafted legal descriptions for easements for city projects. • Public Works GIS staff have: performed regular data editing and maintenance as required on city utility infrastructure; fulfilled Cityworks work orders; supported ArcGIS Collector use for private storm water inspections; completed assigned public records requests and actively supported phase two of Cityworks implementation. Design • East Valley Highway Slump: contract negotiations continue. King County Wastewater Treatment Division rejected latest revision to contract. Expecting to have a contract to present to PW Committee in November. Initiated negotiations with impacted property owners. • WA Ave South Stormwater Pump Station: building permit intake meeting schedule for early November. Plan review distribution expected late October/early November. • 144th Ave Southeast improvements: preparing to meet with construction to review construction working days. Locates for utilities has been called. • Downey Farmstead restoration final phase: floodplains by Design agreement returned to City from Ecology. Preparing to bring the agreement to an upcoming PW Committee in December. • Mill Creek at 76th Ave flood protection improvements: 90% review package expected to be distributed late October/early November. • Linda Heights Pumpstation: 60% review expected to be distributed in November. Team working on developing construction activity sequence. • Meet Me on Meeker at 64th intersection and Kent Elementary (design only): 30% review for 64th St intersection distributed October 11. Review comments due Friday October 31. • Mill Creek reestablishment: preparing concepts outline for watershed plan to support negotiations with the Muckleshoot Tribe. Expect to share with Tribe in early November. • Preparing interdepartmental memo for access to Mill Creek for long term maintenance at Kent Memorial Park. Field visit with Parks and Operations for stormwater outfall investigation at Earthworks Canyon to investigate condition of outfalls. Construction • West Hill Reservoir: contractor is welding the 2nd of 18 wall steel sheet courses. Welding horizontal seam between courses 1 & 2. First horizontal ring takes 8 passes at about 4 hours per pass. Repairing X-ray voids where reported on verticals. Placing telemetry and power conduits to perimeter vaults. Working through execution and programming details for work need at PS 6. 38th Ave S is closed between S 248th St and S 247th St for the duration of the project. Pedestrian access through this closure will be maintained. • Lake Fenwick Hypolimnetic Aerator Improvements: wall extensions for the new roof configuration were formed last week and poured on October 25. Shoring and forming for the new roof began October 25. 5.B Packet Pg. 11 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 8 of 10 • 2021 Watermain replacement: both connections on the Saar (at Central Ave and Railroad Ave) were completed on Saturday October 23. Titus Ave sanitary sewer pipe and manhole replacement is complete. Curb ramp replacements at the intersection of Titus and Railroad took place on Monday and Tuesday this week October 25 & 26. Final roadway restoration work at both locations will follow completion of all water main connections and concrete restoration as weather permits. • 2021 Asphalt Overlays: raising utilities on 248th, Chestnut Ridge, and 7 Oakes. ADA work at 256th; demolition, setting forms, and concrete pour. Due to a shortage of MMA materials temporary paint striping to be placed in lieu of MMA… weather dependent. MMA will be placed over temporary paint upon receipt of materials. • S 224th Street projects wetland mitigation and remediation: clearing, debris haul-off and excavation is beginning in the North parcel this week. The excavation effort will continue until material testing confirms all remaining soils are clean of contaminants. Topsoil placement is ongoing in the South parcel of the property. FLWE • The forms for the straddle bent over S. 234th St. (holds up the guideway) have been removed. 30th Ave. S. is open to traffic. • Installation of the new water lines on 30th Ave. S. has begun. • Construction of the Kent Des Moines garage continues as the contractor is currently working on the third level. • Beginning November 9, the contractor will be placing girders on the guideway between Lowe’s and the Midway Landfill. This work will occur at night over 9 consecutive work nights, weather permitting. • Several walls are under construction between the Midway Landfill and S. 259th Street. • Walls around the Star Lake Garage are nearly complete. • Walls around the Sound Transit pond between the Star Lake garage and S. 272nd St. are nearly complete. • The contractor has begun footing for the Star Lake station and the Star Lake garage. Environmental • Fall curbside cleanup: November 8-19 on their regular yard waste collection day, residents can place up to 10 units of both garbage and yard waste at the curb for free. • Planet Protector Summit: staff met with multimedia to discuss the production of a new learning video for elementary students to take the place of a live field trip as coordinating large gatherings continues to be a safety issue. The video would focus on keeping our community clean and provide proper ways for a young student to do so. • Cross Connection Control Program: Meeting on Nov 1: discuss current state of how to document cross connection, backflow, and water use. as part of the PRISM NPDES & Backflow Replacement project, discuss the reporting requirements and any forthcoming known changes to those requirements, as well as the current processes for gathering and handling data. • Adoption of revised City of Kent Stormwater Code (KCC 7.05): the SEPA DNS was issued 10/22/2021. The SEPA comment period ends 11/5/2021. Department of Commerce (DOC) expedited 14-day review began 10/22/2021. Approval is expected by COB 11/5/2021. • The proposed approval timeline for this item is below: 5.B Packet Pg. 12 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 9 of 10 November 8th – Land Use and Planning Board November 15th – Public Works Committee December 14th – City Council Streets • Street Maintenance is finishing up the paving season with crack sealing for 2021 inhouse paving locations Citywide. They performed hot patch repairs on SE 222nd Ct and on SE 217th Ct, set blocks and assembled two new salt domes at KEHOC, cleaned sidewalks on Central Ave, prepped for sidewalk pour on S 259th Pl, and installed curb separators on 104th Ave SE. • Signs and Markings completed sign maintenance on the East and West Hills, replaced c-curb markers Citywide, sign and base repair on 3rd Ave S and sign repair on S 212th St, turned, “Watch for Ice” signs and replaced broken ice alerts Citywide, installed new ice alerts on the S 228th St overpass and cored sidewalk for a base installation on SE 226th St. • Solid Waste removed debris on Veterans Dr and on S 212th Way and repaired a garbage can at the corner of 1st Ave S. • Water Vegetation mowed and line trimmed at Clark Springs, Guiberson, Webster Park, Elk Run water main easement, PS#5, Kent Spring, the 3.5 tank, Blue Boy tank and West Hill sites. • Street Vegetation mowed, line trimmed and cleared debris along SE 256th St and weeded traffic islands along SE 256th St and on SE 208th St • The Sidearms mowed on Benson, Military Rd, Kent Des Moines Rd, Frager Rd, Kent Kangley Rd, 111th Ave SE, 104th Ave SE, SE 267th St, the 212th hill, SE 192nd St, and line trimmed various locations along Benson Rd • Wetland Mitigation winterized irrigation at mitigation sites, performed barn road mitigation planting, completed their bare root plant order, collected and sowed seeds and staged plants for Hytek at 224th St mitigation. • Wetland Maintenance mowed and line trimmed Maplewood Grove on 108th Ave SE, Redondo on 27th Ave S, Signal Electric on 3rd Ave S, 72nd Ave diversion channel on 68th Ave S, ShoWare Center on 4th Ave N , at Horseshoe Bend on 80th Ave S, and performed split rail repairs at Lindental on 116th Ave SE • Holding Pond crew mowed and line trimmed at McCann Meadows and Mapletree Estates BS on SE 202nd St, Clear Water Ct on SE 202nd Pl, Murphy’s Landing at SE 202nd Pl, the Plateau at Panther on SE 196th St, Panthers Meadow on SE 194th Pl, Cody’s Place at SE 204th St, Todd’s Addition on SE 204th, Lynden Place 2 on SE 193rd Pl, Wildwood Estates on SE 233rd St, Meagan’s Meadow on 132nd Ave SE, Birchwood Acres on SE 235th St, the 203rd Short Plat, Linda Crest Div. 2 on 124th Ave SE, LID 351/S 277th St corridor Detention Pond 2 on SE 274th Way, Whitney Glen on 124th Ave, Montera Tract A on 116th Ave SE and Tract B on SE 219th Pl, Carena Glen on 116th Ave SE, Stonepine on SE 212th St, Springbrook Short Plat on SE 196th St, Benson Meadows 2 on SE 222nd St and Benson East on SE 200th Pl and at Cottonwood Ct on SE 212th St Water • Water staff have drained and cleaned our Guiberson Reservoir located on Scenic Hill. An inspection with the lining company that installed the reservoir liner in 2016 is upcoming followed by some small concrete repairs. Once complete, the reservoir will be refilled, and water quality tested prior to placing back in service. Staff have been working with the City’s water main contractor on Titus Street and Saar Street performing bacteriological testing and water main shutdowns for tie-ins. Staff continue to work through the water system upgrading Corey style fire hydrants. Storm/Sewer • Storm crews hooked up the leaf blower for the season and began leaf removal at S 194th St and at S 259th Pl, installed staff gauges at the Green River Trail, curb and gutter install at 121st Ave SE, scupper cleaning on S 212th St and cleaned decant stations Citywide. Crews also performed storm line cleaning for TV on 124th Ave SE, for the 2022 overlays on 94th Ave S and on 124th Ave SE, performed National Pollutant Discharge Elimination System (NPDES) assessing on 126th Pl SE, SE 256th St and 5.B Packet Pg. 13 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 10 of 10 at SE 266th Pl and NPDES pumping on SE 257th Pl and on 137th Pl SE • Sewer crew’s hydro excavated/located side sewers on 228th, performed manhole inspections on the East Hill, manhole change out on SE 244th, and also on 100th Ave SE and performed painting and station upgrades at Lindental. They also worked on the GRNRA rack installation, inventory move and contract work, TV’d for 2022 overlays on 112th Ave SE and on SE 256th St and cleaned the sewer lines on Scenic Hill, West Hill, and the Valley, on Carnaby Way, Central Ave, 42nd Ave, 1st and 3rd Ave, Cambridge Dr, Canterbury Ln, Crow, Titus, 40th Ave, 35th Pl S, S 259th, Downing Ave, 46th Ave S and Somerset Ct. Fleet/Warehouse • The Warehouse crew continued to assist with CDL training and perform forklift trainings, maintained the shops yard, keeping it clean and free of litter and debris, cleaned and maintained the wash rack, washed and vacuumed motor pool vehicles, issued personal protection equipment (PPE’s) and motor pool vehicles to staff and hydrant meters and public notice boards to contractors, repaired small equipment as needed, received parts and inventory orders, continued to manually open and close the broken East Gate daily and set out and remove the type 3 barricades in the employee south parking lot at the beginning and close of the work day. • Fleet crews worked on scheduled and non- scheduled maintenance, new vehicle set ups, ordering and parts ordering for the new vehicles and performed snow equipment inspections. • The Radio Shop programmed radios and performed new vehicle set ups. ### 5.B Packet Pg. 14 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Pending Approval City Council Workshop Workshop Regular Meeting Minutes October 19, 2021 Date: October 19, 2021 Time: 5:01 p.m. Place: Chambers I. CALL TO ORDER Council President Troutner called the meeting to order. Attendee Name Title Status Arrived Toni Troutner Council President Present Bill Boyce Councilmember Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Remote Zandria Michaud Councilmember Present Les Thomas Councilmember Remote Dana Ralph Mayor Present II. PRESENTATIONS A 2022 Mid-Biennium Budget Adjustments Paula Painter 90 MIN. Finance Director Paula Painter reviewed the outstanding budget-related items from prior meetings as follows: Q#40 - p.53-58 - Revenue Loss - Painter advised she provided a response via email. Painter provided a response to the broadband question via email. Q#45 - p. 116 - What Police programs are paid out of this fund ($4.4m) vs. General Fund? And what are Police Special Programs ($3.8m)? - Painter advised she provided responses via email. Q#49 - Where in the budget is the restoration of the Green Kent Stewards program? - Painter advised she provided a response via email. · Litter Signage - Will be discussed during November Operations and Public Safety Committee. · Fleet - Will be discussed during the November Public Works Committee. Proposals from Administration: 1. Chief Administrative Officer Derek Matheson presented a proposal to allocate 8.A.1 Packet Pg. 15 Minutes Acceptance: Minutes of Oct 19, 2021 5:00 PM (Approval of Minutes) City Council Workshop Workshop Regular Meeting Minutes October 19, 2021 Kent, Washington Page 2 of 3 $500K in currently unallocated ARPA funds for a sidewalk matching grant program. The City would seek out grants from other entities and use the $500K as matching funds. If the City does not obtain grants, then the funds could be used as direct expenditures to staff or contractors to install missing sidewalk links. Council discussed the sidewalk prioritization process through the development of the Transportation Master Plan. The majority of the Council supported this first proposal. 2. Matheson provided background on the request to address graffiti issues throughout the City. Mayor Ralph advised she met with King County Executive Dow Constantine and discussed the County's plan to address graffiti throughout the County. This plan is for Kent to contribute $200K to the graffiti clean-up program and there would be a team dedicated to graffiti clean-up in the city of Kent. The County will also provide wrap around services for those eligible for the program. The County has issued a request for proposal and has confirmed their program qualifies for the use of ARPA funds. The details would need to be ironed out, but supporting this proposal would be to set aside the $200K in the budget that would be followed by entering into an ILA with the County. The litter strike team budget proposal is a separate item that will remain in the budget. The majority of the Council supported this second proposal. Willis Street/Naden Project budget proposal. Public Works Director Chad Bieren explained the history of the Willis/Naden project and the City’s work with the State Department of Transportation to improve access to the area. Boyce spoke in support of the proposal. Councilmember Kaur spoke in support of the proposal. Councilmember Fincher spoke in support of the proposal. Council President Troutner spoke in support of this proposal. Councilmember Thomas spoke in support of this proposal. Chief Economic Development Officer Bill Ellis spoke regarding challenges to asking developers to complete road improvements to WSDOT standards for a highway. Bieren provided an overview of the plan for the Veteran's Drive landscaping and irrigation project for $1M. 8.A.1 Packet Pg. 16 Minutes Acceptance: Minutes of Oct 19, 2021 5:00 PM (Approval of Minutes) City Council Workshop Workshop Regular Meeting Minutes October 19, 2021 Kent, Washington Page 3 of 3 Councilmember Larimer proposed reducing the project budget to $300K and spend the remaining $700K on sidewalk improvements and graffiti removal. Councilmember Boyce spoke in support of the original plan. Councilmember Thomas spoke in support of the original plan. Councilmember Michaud spoke in support of the original plan and suggested installing red, white and blue foliage. Councilmember Troutner spoke in support of the original plan. The majority of the Council supported the original plan. Proposal from Council President Troutner regarding a pre-apprenticeship program. Troutner provided an overview of the pre-apprenticeship program for women through ANEW. Troutner proposed using funds from the Economic and Community Development STEM education project fund in the budget for five - $5,000 scholarships. Councilmember Boyce suggested purchasing 10 - $5,000 scholarships. Ellis provided details on the ANEW organization and their work with the Port of Seattle and indicated this plan is worthy of support. Councilmember Larimer spoke in support of the proposal. Councilmember Kaur spoke in support of the proposal. Councilmember Thomas spoke in support of the proposal. Mayor Ralph provided information regarding the ANEW programs. The majority of the Council supported the plan to allocate 10-$5,000 scholarships to the ANEW pre-apprenticeship program. Matheson advised that there are five public hearings on budget-related items scheduled for tonight’s City Council meeting. All the budget-related items will go before the Operations and Public Safety Committee on November 2, 2021 and will move onto the full City Council on November 16, 2021 for final action. Meeting ended at 6:03 p.m. Kimberley A. Komoto City Clerk 8.A.1 Packet Pg. 17 Minutes Acceptance: Minutes of Oct 19, 2021 5:00 PM (Approval of Minutes) Pending Approval Kent City Council City Council Regular Meeting Minutes October 19, 2021 Date: October 19, 2021 Time: 7:00 p.m. Place: Chambers 1. CALL TO ORDER/FLAG SALUTE Mayor Ralph called the meeting to order. 2. ROLL CALL Attendee Name Title Status Arrived Dana Ralph Mayor Present Toni Troutner Council President Present Bill Boyce Councilmember Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Remote Les Thomas Councilmember Absent Zandria Michaud Councilmember Present 3. AGENDA APPROVAL Chief Administrative Officer Derek Matheson requested the addition of item 8.H Excused Absence for Councilmember Thomas. A. I move to approve the agenda as amended. RESULT: APPROVED [UNANIMOUS] MOVER: Toni Troutner, Council President SECONDER: Bill Boyce, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Michaud 4. PUBLIC COMMUNICATIONS A. Public Recognition 1. Proclamation Declaring October Domestic Violence Awareness Month Mayor Ralph presented the Proclamation Declaring October Domestic Violence Awareness Month and provided resources available. 2. Reappointments to Kent Parks and Recreation Commission Mayor Ralph recognized Scott Taylor and Christie Duggan and recommended reappointment. 8.A.2 Packet Pg. 18 Minutes Acceptance: Minutes of Oct 19, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes October 19, 2021 Kent, Washington Page 2 of 8 B. Community Events Council President Troutner advised of community events including Orca Recovery Day, the City’s ReLEAF event on October 30th at Clark Lake Park in addition to Parks Conservation Day on November 13th at Morrill Meadows Park. Troutner shared the upcoming events at the access ShoWare Center. Fincher shared upcoming Spotlight Series events. C. Public Safety Report Chief Padilla provided the October Public Safety Report. Mayor Ralph conducted the swearing-in of Officer Dawnie Fuentes. Chief Padilla provided a brief background of Officer Fuentes. Chief Padilla presented the shots fired report from King County for the first three quarters of 2021 in addition to detailing the King County Prosecutor’s report of a 5-year comparison from 2017-2021. Chief Padilla presented an update on recent homicide investigations in addition to reporting on homicides solved by detectives this year. Chief Padilla and Officer Joel Makings presented Grocery Outlet Owner James Byun with the Chief's Award of Citizen Commendation that is bestowed on community members that go above and beyond to serve and bring help to those in need in partnership with the Police Department. 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report Mayor Ralph serves on the Transportation Policy Board that recently received a presentation on outreach around the Regional Transportation Plan. Engagement included a public survey, follow-up interviews, outreach to individuals on the needs for those with specialized transportation needs and middle/high school online surveys. Top priorities that emerged include reliable, well-maintained facilities, pedestrian facilities, and high-speed rail. Next steps in the development of the Regional Transportation Plan include community focus groups with a wide range of residents. The Transportation Policy Board also heard a presentation on climate change and the work around emissions analysis. 8.A.2 Packet Pg. 19 Minutes Acceptance: Minutes of Oct 19, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes October 19, 2021 Kent, Washington Page 3 of 8 Mayor Ralph serves on the Puget Sound Regional Council Project Selection Task Force that is working through criteria for federal funding. The focus of the Project Selection Task Force has focused on making sure to use an equity lens when selecting projects. There was a consensus recommendation that will move forward to the Puget Sound Regional Council to direct $5M to be directed to the equity advisory committee to allocate for projects focused on equity across the region. B. Chief Administrative Officer's Report Chief Administrative Officer Derek Matheson indicated the City's website refresh project continues and is moving into the development and implementation phase. Work continues on the Equity Strategic Plan. There is a City team consisting of representatives from all departments that are steering the effort. The team is looking at five goal areas using a data-driven approach and community interviews. The next steps include sharing information with the community. The Race and Equity manager will update the Council on the process and interact with the Council on the tasks that would implement each goal, all leading toward a final strategic plan. Matheson’s written report is included in today’s agenda packet. There is no executive session tonight. C. Councilmembers' Reports Council President Troutner provided a recap of today’s Operations and Public Safety Committee meeting and the workshop presentations. Troutner is the vice chair of the Regional Transit Committee that is working on service guidelines for Metro’s master plan for next six years. Troutner serves as the Chair of the Puget Sound Regional Fire Authority Governance Board that recently heard a presentation on the 2022 preliminary budget. Councilmember Michaud serves on the Regional Water Quality Committee that recently discussed potential increases to sewer rates. Michaud serves as the Chair of the Parks and Human Services Committee and provided a recap of the agenda items. 8.A.2 Packet Pg. 20 Minutes Acceptance: Minutes of Oct 19, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes October 19, 2021 Kent, Washington Page 4 of 8 Councilmember Boyce serves as the vice chair of the Sound Cities Association Public Issues Committee that recently discussed the legislative agenda and also heard a presentation regarding removing the law on bike helmets. Councilmember Fincher provided a review of the Arts Commission meeting agenda and expressed appreciation of outgoing Arts Commission members. Fincher serves as the chair of the Public Works Committee and provided a review of the Public Works committee agenda. Fincher serves on the King Conservation District that recently received an update on election reform and food grants. 6. PUBLIC HEARING A. Second Public Hearing on the 2022 Mid-Biennium Budget Adjustment Mayor Ralph provided a review of the public hearing process. Mayor Ralph opened the second public hearing on the 2022 Mid-Biennium Budget Adjustment. Finance Director Paula Painter provided the staff report. There we no speakers. I move to close the second public hearing on the 2022 Mid-Biennium Budget Adjustments. RESULT: MOTION PASSES [UNANIMOUS] MOVER: Toni Troutner, Council President SECONDER: Bill Boyce, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Michaud B. Second Public Hearing on the Capital Improvement Program Mayor Ralph opened the second public hearing on the Capital Improvement Program. Finance Director Paula Painter provided the staff report. There were no questions from Council. There were no public comments. I move to close the second public hearing on the 2022-2027 Capital Improvement Program. 8.A.2 Packet Pg. 21 Minutes Acceptance: Minutes of Oct 19, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes October 19, 2021 Kent, Washington Page 5 of 8 RESULT: MOTION PASSES [UNANIMOUS] MOVER: Toni Troutner, Council President SECONDER: Bill Boyce, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Michaud C. Public Hearing on the 2021 Tax Levy for the 2022 Budget Mayor Ralph opened the public hearing on the 2021 Tax Levy for the 2022 Budget. Finance Director Paula Painter presented the staff report. There were no questions from Council. There were no public speakers. I move to close the public hearing on the 2021 Tax Levy for the 2022 Budget. RESULT: MOTION PASSES [UNANIMOUS] MOVER: Toni Troutner, Council President SECONDER: Bill Boyce, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Michaud D. Public Hearing on the Comprehensive Plan Amendment to Incorporate School District Capital Facilities Plans into the Capital Facilities Element Mayor Ralph opened the public hearing on the Comprehensive Plan Amendment to Incorporate School District Capital Facilities Plans into the Capital Facilities Element. Long Range Planning Manager Hayley Bonsteel presented the staff report. There were no questions from Council. There were no public speakers. I move to close the public hearing on the Comprehensive Plan Amendment to Incorporate School District Capital Facilities Plans into the Capital Facilities Element. 8.A.2 Packet Pg. 22 Minutes Acceptance: Minutes of Oct 19, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes October 19, 2021 Kent, Washington Page 6 of 8 RESULT: MOTION PASSES [UNANIMOUS] MOVER: Toni Troutner, Council President SECONDER: Bill Boyce, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Michaud E. Public Hearing on the Comprehensive Plan Amendement to Incorporate the Puget Sound Regional Fire Authority 2022- 2027 Capital Improvement Plan into the Capital Facilities Element Mayor Ralph opened the public hearing on the Comprehensive Plan Amendment to Incorporate the Puget Sound Regional Fire Authority 2022- 2027 Capital Improvement Plan into the Capital Facilities Element. Bonsteel presented the staff report. There we no questions from Council. There were no public speakers. I move to close the public hearing on the Comprehensive Plan Amendment to Incorporate the Puget Sound Regional Fire Authority 2022-2027 Capital Improvement Plan into the Capital Facilities Element. RESULT: MOTION PASSES [UNANIMOUS] MOVER: Toni Troutner, Council President SECONDER: Bill Boyce, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Michaud 7. PUBLIC COMMENT Chris Gilmore, a Kent resident, requested the City display American flags in a way which is consistent with state and federal law on all city property and vehicles and also suggested the City use the thin blue line display to honor police and the flag. 8. CONSENT CALENDAR RESULT: APPROVED [UNANIMOUS] MOVER: Toni Troutner, Council President SECONDER: Bill Boyce, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Michaud A. Approval of Minutes 1. Council Workshop - Workshop Regular Meeting - Oct 5, 2021 5:00 PM 2. City Council Meeting - City Council Regular Meeting - Oct 5, 2021 7:00 PM 8.A.2 Packet Pg. 23 Minutes Acceptance: Minutes of Oct 19, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes October 19, 2021 Kent, Washington Page 7 of 8 B. Payment of Bills - Authorize MOTION: I move to authorize the payment of bills received through 9/30/21 and paid on 9/30/21 and approve the checks issued for payroll 9/16/21-9/30/21 and paid on 10/5/21, all audited by the Operations and Public Safety Committee on 10/5/21. C. Accept the South 192nd Street Sanitary Sewer Project as Complete - Authorize MOTION: I move to authorize the Mayor to accept the South 192nd Street Sanitary Sewer Repair Project as complete and release retainage to Scarsella Bros., Inc. upon receipt of standard releases from the State and the release of any liens. D. 2022 South King Housing and Homelessness Partners Work Plan - Approve MOTION: I move to approve the 2022 South King Housing and Homelessness Partners Work Plan as adopted by the SKHHP Executive Board on July 23, 2021. E. 2022 South King Housing and Homelessness Partners Budget - Approve MOTION: I move to approve the 2022 South King Housing and Homelessness Partners Budget as adopted by the SKHHP Executive Board on July 23, 2021. F. Kent Police Detectives Tenant Improvement Project Bid - Award MOTION: I move to award the Kent Police Detectives Tenant Improvement Project to Christensen Inc., General Contractor in an amount not to exceed $134,211.90 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the Parks Director and City Attorney. G. Reappointments to the Kent Parks and Recreation Commission - Confirm MOTION: I move to confirm the Mayor’s reappointment of Scott Taylor and Kristie Duggan to their second three-year terms on the Kent Parks and Recreation Commission that will begin on October 16, 2021 and end on October 15, 2024. H. Excused Absence for Councilmember Thomas - Approve MOTION: I move to approve an excused absence for Councilmember Thomas for the meeting of October 19, 2021. 9. OTHER BUSINESS 8.A.2 Packet Pg. 24 Minutes Acceptance: Minutes of Oct 19, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes October 19, 2021 Kent, Washington Page 8 of 8 None. 10. BIDS None. 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION None. 12. ADJOURNMENT Mayor Ralph adjourned the meeting. Meeting ended at 7:58 p.m. Kimberley A. Komoto City Clerk 8.A.2 Packet Pg. 25 Minutes Acceptance: Minutes of Oct 19, 2021 7:00 PM (Approval of Minutes) DATE: November 2, 2021 TO: Kent City Council SUBJECT: Payment of Bills - Approve MOTION: I move to approve the payment of bills received through 10/15/2021 and paid on 10/15/21 and authorize the checks issued for payroll 10/1/21-10/15/21 and paid on 10/20/21, all audited by the Operations and Public Safety Committee on October 19, 2021. SUMMARY: Approval of checks issued for Vouchers: Date Amount 10/15/21 Wire Transfers 8930 8947 $2,483,793.15 10/15/21 Regular Checks 756280 756509 $4,098,002.02 10/15/21 Payment Plus 103618 103660 $151,132.07 Void Checks $0.00 10/15/21 Use Tax Payable $3,315.64 $6,736,242.88 Approval of checks issued for Payroll:10/1/21-10/15/21 and paid 10/20/2021 Date Amount 10/20/2021 Checks $1,974,718.29 Voids and Reissues 10/20/2021 Advices FR&P 463243 463251 $7,074.04 Total Payroll $1,981,792.33 Document Numbers Document Numbers BUDGET IMPACT: None. 10/19/21 Operations and Public Safety Committee MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS] Next: 11/2/2021 5:00 PM MOVER: Bill Boyce, Councilmember SECONDER: Zandria Michaud, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Michaud 8.B Packet Pg. 26 DATE: November 2, 2021 TO: Kent City Council SUBJECT: Accept the Reith Road Watermain Improvements Project as Complete - Authorize MOTION: I move to authorize the Mayor to accept the Reith Road Watermain Improvements Project as complete and release retainage to SCI Infrastructure, LLC upon receipt of standard releases from the State and the release of any liens. SUMMARY: This project included furnishing and installing 810-feet of 16” water main on Reith Road, reconnecting services, installing new curb ramps and appurtenances as required by the Americans with Disabilities Act, as well as pavement restoration and other related work items. The final contract total paid was $604,428.86 which is $10,759.89 under the original contract amount of $615,188.75. BUDGET IMPACT: The project was budgeted and paid for using Water Fund monies. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. 8.C Packet Pg. 27 DATE: November 2, 2021 TO: Kent City Council SUBJECT: Write-offs of Uncollectable Accounts - Authorize MOTION: I move to authorize the Mayor to write-off uncollectable accounts owed to the City in the amount of $110,682.69, subject to final approval of the Finance Director. SUMMARY: Authorization is requested to write-off $110,682.69 of uncollectable receivables. The requested write-off represents 7.8% of the receivables balance and $1,127.41 in interest/finance charges. Of the $110,682.69: $61,322.95 represents unpaid violations and fines; $36,998.86 is for miscellaneous permits, taxes and fees; $3,137.10 is comprised of miscellaneous program fees and $9,223.78 is miscellaneous Public works repairs. All write-offs range from 2013 through 2017. Finance has adopted a procedure to write-off all delinquent accounts receivable invoices older than 3 years, not including current year, unless requested by the department. The write-off does not forgive the debt. For Accounts in collections, they may stay in collections if the billing department ensures all backup documents are retained while the accounts remain with the collection agency. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. 2021 Write-offs Summary (PDF) 10/19/21 Operations and Public Safety Committee MOTION PASSES 8.D Packet Pg. 28 RESULT: MOTION PASSES [UNANIMOUS] Next: 11/2/2021 5:00 PM MOVER: Bill Boyce, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Michaud 8.D Packet Pg. 29 2021 Write-offs Summary Accounts Receivables Write-offs: Year:Summary:Amount:Services, Fines & Fees: 2017 Code Violations & Fines 61,322.95 Accounts in Collections with AllianceOne 2013-2017 Misc. Permits, Taxes & Fees 33,376.31 Expired & Closed/Bankrupt - uncollectable 2017 Misc. Permits & Fees 3,622.55 Accounts in Collections with AllianceOne 2017 Misc. Program Fees 449.00 Scheduled payment errors - uncollectable 2017 Misc. Program Fees 2,688.10 Accounts in Collection with AllianceOne 2017 Public Works - Repairs 9,223.78 Accounts in Collection with AllianceOne 2021 WRITE-OFFS:$110,682.69 8.D.a Packet Pg. 30 Attachment: 2021 Write-offs Summary (2876 : Write-offs of Uncollectable Accounts - Authorize) DATE: November 2, 2021 TO: Kent City Council SUBJECT: Commute Trip Reduction Grant - Authorize MOTION: I move to authorize the Mayor to sign the Transportation Demand Management Implementation Agreement, WSDOT #PTD0443, for the term July 1, 2021 through June 30, 2023, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: This Agreement is between the Washington State Department of Transportation (WSDOT) and the City. The City is required by state law to enforce the transportation demand management provisions in RCW 70A.15.4020. The City is then reimbursed by the State for costs incurred based on a formula devised by the State Department of Transportation, Public Transportation Office. The $106,006 Agreement allocates two years of funding for the implementation of the Commute Trip Reduction (CTR) Program mandated by RCW 70A.15.4000 - through RCW 70A.15.4110 for the 2021-2023 project term. The grant funds pay for the City’s ¾-time, CTR Coordinator position and for materials used to support businesses required by law to participate in CTR. These businesses employ more than 11,000 people in the City of Kent. The program also promotes alternative transportation modes to any interested area business or individuals. BUDGET IMPACT: There is no required match to this state grant. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. 8.E Packet Pg. 31 Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. WSDOT Transportation Demand Management Implementation Agreement (PDF) 2. CTR Administrative Work Plan 2021-2023 (PDF) 10/18/21 Public Works Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 11/2/2021 5:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer 8.E Packet Pg. 32 WSDOT Contact:Monica Ghosh 206-464-1191 GhoshMo@wsdot.wa.gov Agreement Number Contractor: Term of Project UPIN Vendor #Contact:Rob Brown 253-856-5571 Current Funds Projected Funds $ 106,006 106,006$ -$ Budget: Transportation Demand Management Implementation Agreement PTD0443 July 1, 2021 through June 30, 2023 WHEREAS, RCW 70.94.521 through RCW 70.94.555 establishes the state’s leadership role, and the requirements and parameters to reduce traffic congestion, fuel use, and air pollution through commute trip reduction programs, including transportation demand management programs for growth and transportation efficiency centers (“GTEC”) in Washington State; and Current Funds reflect total funding appropriated by the Washington State Legislature for the Project in the 2021-2023 biennium. PTTD017 916001254 THIS AGREEMENT, entered into by the Washington State Department of Transportation, hereinafter “WSDOT,” and the Contractor identified above, hereinafter the “CONTRACTOR,” individually the “PARTY” and collectively the “PARTIES.” WHEREAS, the State of Washington in its Sessions Laws of 2021, Chapter 333 Section 220 authorizes funding for Public Transportation Programs and other special proviso funding as identified in the budget through its 2021-2023 biennial appropriations to WSDOT; and NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: City of Kent 220 Fourth Avenue South Kent, WA 98032 106,006$ Scope of Work: The CONTRACTOR agrees to provide Transportation Demand Management (TDM) services, primarily used to support local Commute Trip Reduction (CTR) programs associated with the Statewide Commute Trip Reduction Program, including: 1) Development and submission of an Administrative Work Plan by the end of the first quarter of this AGREEMENT that must be approved by WSDOT in writing; and 2) Implementation of the strategies and production of the deliverables outlined in the WSDOT-approved Administrative Work Plan in order to implement a CTR program. The Administrative Work Plan shall be incorporated as an amendment to this AGREEMENT. Total Project Cost SCOPE OF WORK AND BUDGET Total Current & Projected Funds $106,006 Funds Commute Trip Reduction City Of Kent PTD0443 Page 1 of 9 8.E.a Packet Pg. 33 Attachment: WSDOT Transportation Demand Management Implementation Agreement (2878 : Commute Trip Reduction Grant - Authorize) Section 1 Purpose of Agreement A. The purpose of this AGREEMENT is for WSDOT to provide funding to the CONTRACTOR to be used solely for activities undertaken to fulfill the requirements of RCW 70.94.521 through RCW 70.94.555, hereinafter known as the “Project.” B. If this AGREEMENT is used as match for any other related projects with federal funds, in addition to the requirements of Sections 1 through 30 of this AGREEMENT, the CONTRACTOR must assume full responsibility for complying with all federal rules and regulations consistent with the requirements imposed by use of the federal funds on any such related project(s), including but not limited to Title 23 of the U.S. Code, Highways, as applicable, the regulations issued pursuant thereto, 2 CFR Part 200, and 2 CFR Part 1201. The CONTRACTOR must also assume full responsibility for compliance with Federal Highway Administration’s (FHWA) Required Contract Provisions Federal-Aid Construction Contracts, FHWA 1273, which may be found here, https://www.fhwa.dot.gov/construction/cqit/form1273.cfm, and any amendments/revisions thereto; and/or the Federal Transit Administration Master Agreement 23, which may be found here,https://www.transit.dot.gov/funding/grantee-resources/sample-fta-agreements/fta-grant- agreements. Section 2 Scope of Work The CONTRACTOR agrees to perform all designated tasks of the Project under this AGREEMENT as described in “Scope of Work and Budget”. Section 3 Term of Project The CONTRACTOR shall commence, perform and complete the Project within the time defined in the caption space header above titled “Term of Project” of this AGREEMENT regardless of the date of execution of this AGREEMENT, unless terminated as provided herein. The caption space header above entitled’ “Term of Project” and all caption space headers above are by this reference incorporated into this AGREEMENT as if fully set forth herein. Section 4 Project Costs The total reimbursable cost to accomplish the Project shall not exceed the “Current Funds” detailed in the “Scope of Work and Budget”. The CONTRACTOR agrees to expend eligible “State Funds” together with any “Contractor Funds” identified above in the “Scope of Work and Budget” table. If at any time the CONTRACTOR becomes aware that the cost that it expects to incur in the performance of this AGREEMENT will differ from the amount indicated in the “Scope of Work and Budget” table above, the CONTRACTOR shall notify WSDOT in writing within thirty (30) business days of making that determination. Section 5 Reimbursement and Payment A. Payment will be made by WSDOT on a reimbursable basis for actual costs and expenditures incurred, while performing eligible direct and related indirect Project work during the Project period. Payment is subject to the submission to and approval by WSDOT of properly prepared invoices that substantiate the costs and expenses submitted by CONTRACTOR for reimbursement. Failure to send in progress reports and financial information as required in Section 11 –Reports may delay payment. The CONTRACTOR shall submit an invoice detailing and supporting the costs incurred. Such invoices may be submitted no more than once per month and no less than once per year, during the course of this AGREEMENT. If approved by WSDOT, properly prepared invoices shall be paid by WSDOT within thirty (30) days of receipt of the invoice. City Of Kent PTD0443 Page 2 of 9 8.E.a Packet Pg. 34 Attachment: WSDOT Transportation Demand Management Implementation Agreement (2878 : Commute Trip Reduction Grant - Authorize) B. State Fiscal Year End Closure Requirement (RCW 43.88): The CONTRACTOR shall submit an invoice for completed work in the same state fiscal period in which the work was performed. As defined in RCW 43.88, the state fiscal period starts on July 1 and ends on June 30 the following year. Reimbursement requests must be received by July 15 of each state fiscal period. If the CONTRACTOR is unable to provide an invoice by this date, the CONTRACTOR shall provide an estimate of the expenses to be billed so WSDOT may accrue the expenditures in the proper fiscal period. Any subsequent reimbursement request submitted will be limited to the amount accrued as set forth in this section. Any payment request received after the timeframe prescribed above will not be eligible for reimbursement. Section 6 Administrative Work Plan The CONTRACTOR agrees to submit to WSDOT an administrative work plan by the end of the first quarter of this agreement or when the CONTRACTOR submits its first invoice, whichever is sooner. The administrative work plan will include the following elements: A. The work plan shall identify the deliverables, schedule, expected outcomes, performance measures and strategies associated with this AGREEMENT and other strategies as defined in the approved and locally adopted CTR or GTEC plans. These plans may include, but are not limited to, recruiting new employer worksites, reviewing employer programs and providing site- specific suggestions for improved CTR performance, administering surveys, reviewing program exemption requests, providing employer training, providing incentives, performing promotion and marketing, and providing emergency ride home and other commuter services. B. The administrative work plan may be amended based on mutual written agreement between the WSDOT Project Manager and the CONTRACTOR. Section 7 Survey Coordination The CONTRACTOR agrees to coordinate with WSDOT and its contracting partners for Commute Trip Reduction employer surveys. Section 8 Planning Data The CONTRACTOR agrees to provide WSDOT with updated program goals for affected worksites and jurisdictions as requested. These updates shall be submitted electronically in a format specified by WSDOT. WSDOT may request worksite TDM plans for review. Section 9 Database Updates The CONTRACTOR agrees to provide WSDOT and the CONTRACTOR’s contracting partners with updated lists of affected or participating worksites, employee transportation coordinators, and jurisdiction contacts, as requested. These updates will be submitted in a format specified by WSDOT. Section 10 Use of State Funds for Incentives The CONTRACTOR agrees to use State funds provided as part of this AGREEMENT in accordance with incentives guidance that WSDOT shall provide to the CONTRACTOR. Section 11 Reports The CONTRACTOR shall prepare and submit quarterly, annual, and final progress reports pursuant to this agreement and as prescribed in WSDOT’s Transportation Demand Implementation Agreement Guidebook or as requested by WSDOT. Due to Legislative and WSDOT reporting requirements, any required quarterly progress reports shall be submitted for City Of Kent PTD0443 Page 3 of 9 8.E.a Packet Pg. 35 Attachment: WSDOT Transportation Demand Management Implementation Agreement (2878 : Commute Trip Reduction Grant - Authorize) the duration of the AGREEMENT period regardless of whether the underlying funding sources have been exhausted. Post-grant annual performance reporting may also be required as prescribed in the aforementioned guidebook. Section 12 Funding Distribution The CONTRACTOR may distribute funds to local jurisdictions to include counties, cities, transit agencies, Transportation Management Associations, and Metropolitan Planning Organizations or other eligible organizations authorized to enter into agreements for the purposes of implementing CTR and/or GTEC, plans as applicable, and as authorized by RCW 70.94.544, and by ordinances adopted pursuant to RCW 70.94.527(5). Section 13 Implementation Plans The CONTRACTOR shall incorporate appropriate sections of the “Scope of Work and Budget” and incentives guidance, as well as the approved administrative work plan, in all agreements with eligible contracting partner(s), as necessary, to coordinate the development, implementation, and administration of such CTR and/or GTEC plans, and in compliance with applicable ordinances. Section 14 Coordination with Regional Transportation Planning Organizations (RTPO) The CONTRACTOR shall coordinate the development and implementation of its CTR and/or GTEC plan and programs with the applicable regional transportation planning organization (RTPO). The CONTRACTOR agrees to notify the RTPO of any substantial changes to its plans and programs that could impact the success of the regional CTR plan. The CONTRACTOR agrees to provide information about the progress of its CTR and/or GTEC plan and programs to the RTPO upon request. Section 15 Project Records The CONTRACTOR agrees to establish and maintain accounts for the Project in order to sufficiently and properly reflect all eligible direct and related indirect Project costs incurred in the performance of this AGREEMENT. Such accounts are referred to herein collectively as the "Project Account." All costs claimed against the Project Account must be supported by properly executed payrolls, time records, invoices, contracts, and payment vouchers evidencing in sufficient detail the nature and propriety of the costs claimed. Section 16 Audits, Inspections, and Records Retention WSDOT, the State Auditor, and any of their representatives, shall have full access to and the right to examine, during normal business hours and as often as they deem necessary, all of the CONTRACTOR’s records with respect to all matters covered by this AGREEMENT. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and other matters covered by this AGREEMENT. In order to facilitate any audits and inspections, the CONTRACTOR shall retain all documents, papers, accounting records, and other materials pertaining to this AGREEMENT for six (6) years from the date of completion of the Project or the Project final payment date. However, in case of audit or litigation extending past that six (6) years period, then the CONTRACTOR must retain all records until the audit or litigation is completed. The CONTRACTOR shall be responsible to assure that the CONTRACTOR and any subcontractors of CONTRACTOR comply with the provisions of this section and provide, WSDOT, the State Auditor, and any of their representatives, access to such records within the scope of this AGREEMENT. City Of Kent PTD0443 Page 4 of 9 8.E.a Packet Pg. 36 Attachment: WSDOT Transportation Demand Management Implementation Agreement (2878 : Commute Trip Reduction Grant - Authorize) Section 17 Agreement Modifications A. Either PARTY may request changes to this AGREEMENT, including changes in the Scope of Project. Such changes that are mutually agreed upon shall be incorporated as written amendments to this AGREEMENT. No variation or alteration of the terms of this AGREEMENT shall be valid unless made in writing and signed by authorized representatives of the PARTIES hereto, provided, however, that changes to the project title, UPIN, the contact person of either PARTY, or dollar amount changes that do not affect the project total cost, will not require a written amendment, but will be approved and documented by WSDOT through an administrative revision. WSDOT shall notify the CONTRACTOR of the revision in writing. B. If an increase in funding by the funding source augments the CONTRACTOR’s allocation of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into an amendment to this AGREEMENT, providing for an appropriate change in the Scope of Project and/or the Project Cost in order to reflect any such increase in funding. C. If a reduction of funding by the funding source reduces the CONTRACTOR’s allocation of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into an amendment to this AGREEMENT providing for an appropriate change in the Scope of Project and/or the Project Cost in order to reflect any such reduction of funding. Section 18 Recapture Provision In the event that the CONTRACTOR fails to expend State Funds in accordance with state law and/or the provisions of this AGREEMENT, WSDOT reserves the right to recapture State Funds in an amount equivalent to the extent of noncompliance. The CONTRACTOR agrees to repay such State Funds under this recapture provision within thirty (30) days of demand. Section 19 Disputes A. If the PARTIES cannot resolve by mutual agreement, a dispute arising from the performance of this AGREEMENT the CONTRACTOR may submit a written detailed description of the dispute to the WSDOT Public Transportation Division’s Statewide Transportation Demand Management Programs Manager or the WSDOT Public Transportation Statewide Transportation Demand Management Programs Manager’s designee who will issue a written decision within ten calendar (10) days of receipt of the written description of the dispute. This decision shall be final and conclusive unless within ten calendar (10) days from the date of CONTRACTOR’s receipt of WSDOT’s written decision, the CONTRACTOR mails or otherwise furnishes a written appeal to the Director of the Public Transportation Division or the Director’s designee. In connection with any such appeal the CONTRACTOR shall be afforded an opportunity to offer material in support of its position. The CONTRACTOR’s appeal shall be decided in writing within thirty (30) days of receipt of the appeal by the Director of the Public Transportation Division or the Director’s designee. The decision shall be binding upon the CONTRACTOR and the CONTRACTOR shall abide by the decision. B. Performance During Dispute. Unless otherwise directed by WSDOT, the CONTRACTOR shall continue performance under this AGREEMENT while matters in dispute are being resolved. City Of Kent PTD0443 Page 5 of 9 8.E.a Packet Pg. 37 Attachment: WSDOT Transportation Demand Management Implementation Agreement (2878 : Commute Trip Reduction Grant - Authorize) Section 20 Termination A. Termination for Convenience. WSDOT and/or the CONTRACTOR may suspend or terminate this AGREEMENT, in whole or in part, and all or any part of the financial assistance provided herein, at any time by written notice to the other PARTY. WSDOT and the CONTRACTOR shall agree upon the AGREEMENT termination provisions including but not limited to the settlement terms, conditions, and in the case of partial termination the portion to be terminated. Written notification must set forth the reasons for such termination, the effective date, and in case of a partial termination the portion to be terminated. However, if, in the case of partial termination, WSDOT determines that the remaining portion of the award will not accomplish the purposes for which the award was made, WSDOT may terminate the award in its entirety. The PARTIES may terminate this AGREEMENT for convenience for reasons including, but not limited to, the following: 1. The requisite funding becomes unavailable through failure of appropriation or otherwise; 2. WSDOT determines, in its sole discretion, that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds; 3. The CONTRACTOR is prevented from proceeding with the Project as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense; or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources; 4. The CONTRACTOR is prevented from proceeding with the Project by reason of a temporary preliminary, special, or permanent restraining order or injunction of a court of competent jurisdiction where the issuance of such order or injunction is primarily caused by the acts or omissions of persons or agencies other than the CONTRACTOR; or 5. The State Government determines that the purposes of the statute authorizing the Project would not be adequately served by the continuation of financial assistance for the Project; 6. In the case of termination for convenience under subsections A.1-5 above, WSDOT shall reimburse the CONTRACTOR for all costs payable under this AGREEMENT that the CONTRACTOR properly incurred prior to termination. The CONTRACTOR shall promptly submit its claim for reimbursement to WSDOT. If the CONTRACTOR has any property in its possession belonging to WSDOT, the CONTRACTOR will account for the same, and dispose of it in the manner WSDOT directs. B. Termination for Default. WSDOT may suspend or terminate this AGREEMENT for default, in whole or in part, and all or any part of the financial assistance provided herein, at any time by written notice to the CONTRACTOR, if the CONTRACTOR materially breaches or fails to perform any of the requirements of this AGREEMENT, including: 1. Takes any action pertaining to this AGREEMENT without the approval of WSDOT, which under the procedures of this AGREEMENT would have required the approval of WSDOT; 2. Jeopardizes its ability to perform pursuant to this AGREEMENT, United States of America laws, Washington state laws, or local governmental laws under which the CONTRACTOR operates; 3. Fails to make reasonable progress on the Project or other violation of this AGREEMENT that endangers substantial performance of the Project; or 4. Fails to perform in the manner called for in this AGREEMENT or fails, to comply with, or is in violation of, any provision of this AGREEMENT. WSDOT shall serve a notice of termination on the CONTRACTOR setting forth the manner in which the CONTRACTOR is in default hereunder. If it is later determined by WSDOT that the CONTRACTOR had an excusable reason for not performing, such as events which are not the fault of or are beyond the control of the CONTRACTOR, such as a strike, fire or flood, WSDOT may: (a) allow the CONTRACTOR to continue work after setting up a new delivery of performance schedule, or (b) treat the termination as a termination for convenience. City Of Kent PTD0443 Page 6 of 9 8.E.a Packet Pg. 38 Attachment: WSDOT Transportation Demand Management Implementation Agreement (2878 : Commute Trip Reduction Grant - Authorize) C. WSDOT, in its sole discretion may, in the case of a termination for breach or default, allow the CONTRACTOR ten (10) business days, or such longer period as determined by WSDOT, in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If the CONTRACTOR fails to remedy to WSDOT's satisfaction the breach or default within the timeframe and under the conditions set forth in the notice of termination, WSDOT shall have the right to terminate this AGREEMENT without any further obligation to CONTRACTOR. Any such termination for default shall not in any way operate to preclude WSDOT from also pursuing all available remedies against CONTRACTOR and its sureties for said breach or default. D. In the event that WSDOT elects to waive its remedies for any breach by CONTRACTOR of any covenant, term or condition of this AGREEMENT, such waiver by WSDOT shall not limit WSDOT's remedies for any succeeding breach of that or of any other term, covenant, or condition of this AGREEMENT. E. Any termination of the AGREEMENT, whether for convenience or for default, that requires the AGREEMENT to be terminated or discontinued before the specified end date set forth in the caption header, “Term of Project”, shall require WSDOT to amend the AGREEMENT to reflect the termination date and reason for termination. Section 21 Forbearance by WSDOT Not a Waiver Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. Section 22 Waiver In no event shall any WSDOT payment of grant funds to the CONTRACTOR constitute or be construed as a waiver by WSDOT of any CONTRACTOR breach, or default, and shall in no way impair or prejudice any right or remedy available to WSDOT with respect to any breach or default. In no event shall acceptance of any WSDOT payment of grant funds by the CONTRACTOR constitute or be construed as a waiver by CONTRACTOR of any WSDOT breach, or default which shall in no way impair or prejudice any right or remedy available to CONTRACTOR with respect to any breach or default. Section 23 WSDOT Advice The CONTRACTOR bears complete responsibility for the administration and success of the work as it is defined in this AGREEMENT and any amendments thereto. Although the CONTRACTOR may seek the advice of WSDOT, the offering of WSDOT advice shall not modify the CONTRACTOR’s rights and obligations under this AGREEMENT and WSDOT shall not be held liable for any advice offered to the CONTRACTOR. Section 24 Limitation of Liability and Indemnification A. The CONTRACTOR shall indemnify and hold harmless WSDOT, its agents, employees, and officers and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs (hereinafter referred to collectively as “claims”), of whatsoever kind or nature brought against WSDOT arising out of, in connection with or incident to this AGREEMENT and/or the CONTRACTOR’s performance or failure to perform any aspect of this AGREEMENT. This indemnity provision applies to all claims against WSDOT, its agents, employees and officers arising out of, in connection with or incident to the acts or omissions of the CONTRACTOR, its agents, employees and officers. Provided, however, that nothing herein shall require the CONTRACTOR to indemnify and hold harmless or defend the City Of Kent PTD0443 Page 7 of 9 8.E.a Packet Pg. 39 Attachment: WSDOT Transportation Demand Management Implementation Agreement (2878 : Commute Trip Reduction Grant - Authorize) WSDOT, its agents, employees or officers to the extent that claims are caused by the acts or omissions of the WSDOT, its agents, employees or officers. The indemnification and hold harmless provision shall survive termination of this AGREEMENT. B. The CONTRACTOR shall be deemed an independent contractor for all purposes, and the employees of the CONTRACTOR or its subcontractors and the employees thereof, shall not in any manner be deemed to be the employees of WSDOT. C. The CONTRACTOR specifically assumes potential liability for actions brought by CONTRACTOR’s employees and/or subcontractors and solely for the purposes of this indemnification and defense, the CONTRACTOR specifically waives any immunity under the State Industrial Insurance Law, Title 51 Revised Code of Washington. D. In the event either the CONTRACTOR or WSDOT incurs attorney’s fees, costs or other legal expenses to enforce the provisions of this section of this AGREEMENT against the other PARTY, all such fees, costs and expenses shall be recoverable by the prevailing PARTY. Section 25 Governing Law, Venue, and Process This AGREEMENT shall be construed and enforced in accordance with, and the validity and performance thereof shall be governed by the laws of the State of Washington. In the event that either PARTY deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the PARTIES hereto agree that any such action shall be initiated in the Superior Court of the State of Washington situated in Thurston County. Section 26 Compliance with Laws and Regulations The CONTRACTOR agrees to abide by all applicable State laws and regulations, including, but not limited to those concerning employment, equal opportunity employment, nondiscrimination assurances, Project record keeping necessary to evidence AGREEMENT compliance, and retention of all such records. The CONTRACTOR will adhere to all of the nondiscrimination provisions in Chapter 49.60 RCW. The CONTRACTOR will also comply with the Americans with Disabilities Act of 1990 (ADA), Public Law 101-336, including any amendments thereto which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment public accommodations, state and local government services and telecommunication. Section 27 Severability If any covenant or provision of this AGREEMENT shall be adjudged void, such adjudication shall not affect the validity or obligation of performance of any other covenant or provision, or part thereof, that in itself is valid if such remainder conforms to the terms and requirements of applicable law and the intent of this AGREEMENT. No controversy concerning any covenant or provision shall delay the performance of any other covenant or provision except as herein allowed. Section 28 Counterparts This AGREEMENT may be executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONTRACTOR does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements and their supporting materials contained and/or mentioned in such executed counterpart, and does hereby accept State Funds and agrees to all of the terms and conditions thereof. City Of Kent PTD0443 Page 8 of 9 8.E.a Packet Pg. 40 Attachment: WSDOT Transportation Demand Management Implementation Agreement (2878 : Commute Trip Reduction Grant - Authorize) Section 29 Execution This AGREEMENT is executed by the Director of the Public Transportation Division, State of Washington, Department of Transportation, or the Director's designee, not as an individual incurring personal obligation and liability, but solely by, for, and on behalf of the State of Washington, Department of Transportation, in his/her capacity as Director of the Public Transportation Division. Section 30 Binding Agreement The undersigned acknowledges that they are authorized to execute the AGREEMENT and bind their respective agency(ies) and/or entity(ies) to the obligations set forth herein. IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and year last signed below. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION CONTRACTOR Brian Lagerberg, Director Public Transportation Division Authorized Representative Title Print Name Date Date City Of Kent PTD0443 Page 9 of 9 8.E.a Packet Pg. 41 Attachment: WSDOT Transportation Demand Management Implementation Agreement (2878 : Commute Trip Reduction Grant - Authorize) 1 Commute Trip Reduction (CTR) Administrative Work Plan 2021-2023 Organization: City of Kent Agreement number: PTD0443 Biennial targets: Non-drive Along Target NDAT: 24.1% and Vehicle Miles Travelled (VMT): 11.6 Please note that this work plan is a requirement of the CTR agreement with WSDOT. It must be submitted and approved by WSDOT before you will receive state CTR funds. Only those strategies in an approved work plan will be eligible for reimbursement. For each of the major strategies in your work plan, complete the table below. The purpose of the work plan is to provide a strategic overview of your local approach to meet your biennial targets. For each strategy, indicate the estimated budget, the key deliverables, implementation timeline, expected outcomes, potential issues and risks, and the performance measures you will use to determine progress of a strategy. Strategy #1: Program Administration Brief description General administration required for implementing CTR Plan including management of contracts, programs, and policies. Manage finances and budget activities. Update and maintain local CTR worksite database. Collaborate and coordinate with other CTR implementation professionals. Professional development, association fees, conference, and training. Work with Kent’s staff on grant writing, workspace, computer, telephone, conference rooms, and travel expenses. Provide local data to state and county administrators for coordination of recordkeeping, ongoing tracking, and planning purposes.Deliverables Administration of Contracts Timeline OngoingExpected outcomes Local CTR worksite database, current budget, contract fulfillmentPotential issues and risks Changes to CTR Rule/Guidance and learning curve to the changes/updatesPerformance measures CTR Targets 8.E.bPacket Pg. 42Attachment: CTR Administrative Work Plan 2021-2023 (2878 : Commute Trip Reduction Grant - Authorize) 2 Strategy #2: ETC Training Brief description Identify ETCs at all sites. Assist with baseline survey and program development. Consult with newly assigned ETCs at existing sites. Conduct basic ETC training. For all ETCs provide ongoing training and conduct survey training. Distribute printed information and provide technical assistance. Provide customized one on ones for each site based on their transportation needs.Deliverables Personal contact with new ETCs at both new and existing worksites. Create toolbox to help ETCs with common needs. Use GIS to spatially locate ETC, create a checklist and the ongoing programs. All will be administrative and TDM measures. One-on-one support for ETCs.Timeline OngoingExpected outcomes Employer education, marketing tools, and commuter support and educationPotential issues and risks Lack of engagement from businesses:  Lack of communication and low responsiveness  Not identifying/maintaining ETC positions Post-COVID limitations and challenges sites and ETC may be facing Performance measures Number of worksites with an ETC change in a given year, one-on-one meetings held with businesses and ETCs Strategy #3: Program Reports Brief description Identify and notify employers (existing, new, and potential) of program reporting requirements and provide technical assistance. Review employer program reports and assist with correcting reporting deficiencies. Forward completed reports to WSDOT.Deliverables Program reports submitted to WSDOT Timeline Biennial – Fall 2021, as well as ongoing new site identificationExpected outcomes Employer compliance Potential issues and risks ETC disengagement, business noncompliancePerformance measures Employer compliance with completing a survey 8.E.bPacket Pg. 43Attachment: CTR Administrative Work Plan 2021-2023 (2878 : Commute Trip Reduction Grant - Authorize) 3 Strategy #4: Surveys Brief description Notify affected employers of survey requirements. Coordinate with the CTR Data team at WSDOT and provide ETCs training on the new online platform. Support surveying worksites. Review and analyze survey results. Notify employers of survey results and provide needed support.Deliverables CTR survey notification, survey set-up, CTR survey results, individualized follow up for identification of next steps to improve CTR goals and targetsTimeline Biennial–Fall 2022 based on WSDOT Data Team’s recommendation Expected outcomes New insights and strategiesPotential issues and risks Changes in ETCs, Business noncompliancePerformance measures Survey response rates and drive-alone trips reduced Strategy #5: Employer Support Brief description Work with employers to reduce trips and reach CTR goals and targets, educate businesses and ETCs on TDM best practices. Notify employers of local and regional activities and promotions. Respond to inquiries and serve as liaison between employers and city, county, regional, and state agencies. Provide technical assistance, tools, and templates to all employers. And aid at transportation fairs and events. Attend local, state, and regional meetings to keep current with program activities and share outcomes with employers.Deliverables Employer education, marketing tools, and commuter supportTimeline OngoingExpected outcomes Regular communication, enhanced performance and increased education of the CTR Program and TDM strategies available to ETCs.Potential issues and risks Frequent ETC turnover reduces the efficacy of investment and non-responsive sitesPerformance measures One-on-one meetings. Sites implementing new TDM measures. Sites participating in events and collaborating within the community and region Strategy #6: Regional promotions, marketing, and incentives Brief description Work with partners on regional promotions such as Wheel Options, bike-to-work month, wellness fairs, transportation fairs, King County Metro’s on-demand transit solution pilot, etc. Provide marketing materials and access to incentives to CTR affected Kent businesses. Develop City of Kent website that provides TDM information 8.E.bPacket Pg. 44Attachment: CTR Administrative Work Plan 2021-2023 (2878 : Commute Trip Reduction Grant - Authorize) 4 to all Kent businesses and materials to support ETCs as well as details community-wide trip reduction goals. The awareness events and campaigns will be based on past successes and the needs of ETCs. Deliverables Posters, sample emails, website, surveys, marketing tools and tabling transportation table with ETC at employer’s benefit fair. Timeline OngoingExpected outcomes Education opportunity for existing and new usersPotential issues and risks Lack of fundingPerformance measures Website relaunch, ridership on the pilot Strategy #7: Regional and state Transportation Demand Management support Brief description Promote regional Transportation Demand Management projects. Monitor regional and state Transportation Demand Management legislation. Meet with members of the community to educate and promote TDM strategies. Deliverables Regional meetings, reports to City Council Timeline OngoingExpected outcomes New programs, education, and beneficial legislationPotential issues and risks Lack of funding Performance measures Regional TDM programs Strategy #8: Local CTR Plan development Brief description Kent will be focusing on updating its CTR Plan to adhere to the States requirement unless provided alternative option. Deliverables Revise local planTimeline Spring 2023Expected outcomes Revised local planPotential issues and risks Unknown –I am not sure what the risk may be.Performance measures Updated CTR plans 8.E.bPacket Pg. 45Attachment: CTR Administrative Work Plan 2021-2023 (2878 : Commute Trip Reduction Grant - Authorize) 5 City of Kent Commute Trip Reduction (CTR) Program Calendar 2021-2023 Agreement number: PTD0443 Programming July - Sept 2021 Oct - Dec 2021 Jan - Mar 2022 Apr - Jun 2022 July - Sept 2022 Oct - Dec 2022 Jan – Mar 2023 Apr - Jun 2023 Program Administration/ Local CTR Plan Development/ Regional & State TDM Support Quarterly Reporting & Billing New CTR Onboarding Develop Administrative Work Plan & Program Calendar Assist King County Metro to launch the on-demand transit pilot in Kent’s Industrial Valley and part of East Hill Attend WSRO Conference Quarterly Reporting & Billing Monitoring the Ride Pingo to Transit ridership Outreach effort to new businesses and non-responsive sites Quarterly Reporting & Billing Outreach to non-responsive employers via mail and phone calls Request Metro to provide data on-demand transit pilot ridership/trips etc. Quarterly Reporting & Billing Developing an (GIS) environment to house CTR data Pre-work for Survey Quarterly Reporting & Billing WSRO Conference Administer Survey Request Metro to provide data on-demand transit pilot ridership/trips etc. Quarterly Reporting & Billing Outreach effort to new businesses and non-responsive sites Quarterly Reporting & Billing Outreach effort to new businesses and non-responsive sites Request Metro to provide data on-demand transit pilot ridership/trips etc. Quarterly Reporting & Billing Outreach effort to new businesses and non-responsive sites 8.E.bPacket Pg. 46Attachment: CTR Administrative Work Plan 2021-2023 (2878 : Commute Trip Reduction Grant - Authorize) 6 Employer Program Development engagement and marketing/ETC Training/ Regional promotions, marketing and incentives 1:1 Employer/ETC consultation* Initial email/meeting with ETCs Ongoing 1:1, employer consultation & engagement events Ongoing employer consultation & engagement events Ongoing employer consultation & engagement events Ongoing employer consultation & engagement events Ongoing employer consultation & engagement events Holiday Networking Event Employer RecognitionOngoing employer consultation & engagement events Ongoing employer consultation & engagement events Program Measurement and Reporting/ Surveys N/A due to new Survey Platform under construction *Focus on pilot and employees returning to work support N/A due to new Survey Platform under construction *Focus on pilot and employees returning to work support Collaborate with WSDOT and prepare for CTR Survey and events Inform ETCs of the upcoming survey – schedule CTR Survey Review CTR Survey Results Initiate Employer Program Report Outreach Coordinate with WSDOT for online survey Administer the Survey Share CTR Survey Results with Employer Identify gaps and opportunities for next survey Follow-up with employers for questions Coordinate with WSDOT for any end of the biennial reporting and prepare for next term *Employers will be connected to King County resources such as Vanpool, Bike Program, Ride Transit etc. based on information gathered at one-on-one consultations. 8.E.bPacket Pg. 47Attachment: CTR Administrative Work Plan 2021-2023 (2878 : Commute Trip Reduction Grant - Authorize) DATE: November 2, 2021 TO: Kent City Council SUBJECT: USGS Joint Funding Agreement for Fiscal Year 2022 - Authorize MOTION: I move to authorize the Mayor to sign the Joint Funding Agreement for Water Resource Investigations between the City of Kent and the U.S. Geological Survey, in the amount of $116,611, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: This is an on-going partnership with the City of Kent and the U.S. Geological Survey (USGS) for stream data collection. For federal fiscal year 2022, The City of Kent will contribute $116,611 to the total annual program costs of $159,026 with the USGS and the City of Tukwila providing the remainder. The City’s share is decreased for this year due to the removal of one gage on Rock Creek. These gages provide valuable information on stream flows and precipitation, including water surface elevations, flow levels and amounts of precipitation. This information is used to calibrate stream flow models and increase the accuracy of stormwater flood projection models. The internet link allows staff and the public to monitor stream flow levels from remote locations at real-time. The stream flow measured at the gage at Rock Creek and Kent Kangley Road is included in the Clark Springs Habitat Conservation Plan as a criterion to determine the City’s augmentation of flows in Rock Creek from October through December. This agreement will provide for operation, maintenance and data collection at seven gages. Two are located on Mill Creek, one on Springbrook Creek, one on Rock Creek, and three on the Green River. The gage information is available to the public real-time at http://waterdata.usgs.gov/wa/nwis/current/?type=flow BUDGET IMPACT: Costs for this contract will be charged partially to the Water Utility (Rock Creek gage) and partially to the Drainage Utility (Green River, Mill and Springbrook gages). 8.F Packet Pg. 48 SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. Joint Funding Agreement for Water Resources Investigations (PDF) 10/18/21 Public Works Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 11/2/2021 5:00 PM MOVER: Satwinder Kaur, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer 8.F Packet Pg. 49 6000000723/22YGJFA09800/FY22 Form 9-1366 (May 2018) U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement FOR Water Resource Investigations Customer #: 6000000723 Agreement #: 22YGJFA09800 Project #: YG00H1U TIN #: 91-6001254 Fixed Cost Agreement YES[ X ] NO[ ] THIS AGREEMENT is entered into as of the October 1, 2021, by the U.S. GEOLOGICAL SURVEY, Washington Water Science Center, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Kent party of the second part. 1. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation the operation and maintenance of the cooperative streamgaging program between the USGS and the City of Kent (City) (per attachment), herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50, and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) include In-Kind-Services in the amount of $0.00 (a) $31,552 by the party of the first part during the period October 1, 2021 to September 30, 2022 (b) $116,611 by the party of the second part during the period October 1, 2021 to September 30, 2022 (c) Contributions are provided by the party of the first part through other USGS regional or nati onal programs, in the amount of: $0 Description of the USGS regional/national program: (d) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties . (e) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the par ties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those recor ds. Upon request, copies of the original records will be provided to the office of the othe r party. 8. The maps, records or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program, and if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records or reports published by either party shall contain a statement of the cooperative relations between the parties. The Parties acknowledge that scientific information and data developed as a result of the Scope of Work (SOW) are subject to applicable USGS review, approval, and release requirements, which are available on the USGS Fundamental Science Practices website (https://www.usgs.gov/about/organization/science-support/science-quality-and-integrity/fundamental-science- practices). 8.F.a Packet Pg. 50 Attachment: Joint Funding Agreement for Water Resources Investigations (2879 : USGS Joint Funding Agreement for Fiscal Year 2022 - 6000000723/22YGJFA09800/FY22 9. Billing for this agreement will be rendered quarterly. Invoices not paid within 60 days from the billing date will bear Interest, Penalties, and Administrative cost at the annual rate pursuant the Debt Collection Act of 1982, (codified at 31 U.S.C. § 3717) established by the U.S. Treasury. USGS Technical Point of Contact Name: Christopher Laveau Associate Center Director Address: 934 Broadway, Suite 300 Tacoma, WA 98402 Telephone: 253-552-1609 Fax: Email: cdlaveau@usgs.gov Customer Technical Point of Contact Name: Mike Mactutis Address: 220 4th Ave S Kent, WA 98032 Telephone: (253) 856-5520 Fax: Email: mmactutis@kentwa.gov USGS Billing Point of Contact Name: Sharbra Gordon-scott Budget Analyst Address: 934 Broadway Suite 300 Tacoma, WA 98402 Telephone: (253) 552-1698 Fax: (253) 552-1581 Email: sgordon-scott@usgs.gov Customer Billing Point of Contact Name: Mike Mactutis Address: 220 4th Ave S Kent, WA 98032 Telephone: (253) 856-5520 Fax: Email: mmactutis@kentwa.gov U.S. Geological Survey United States Department of Interior Signature By_______________________ Name: Cynthia Barton, Ph.D., L.H.G., L.G. Title: Center Director City of Kent Signatures By_______________________ Date: _________ Name: Title: By_______________________ Date: _________ Name: Title: By_______________________ Date: _________ Name: Title: Form 9-1366 (May 2018) U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement FOR Water Resource Investigations Customer #: 6000000723 Agreement #: 22YGJFA09800 Project #: YG00H1U TIN #: 91-6001254 8.F.a Packet Pg. 51 Attachment: Joint Funding Agreement for Water Resources Investigations (2879 : USGS Joint Funding Agreement for Fiscal Year 2022 - DATE: November 2, 2021 TO: Kent City Council SUBJECT: Sound Transit Federal Way Link Extension Temporary Construction Agreement - Authorize MOTION: I move to authorize the Mayor to sign a 743 square ft Temporary Construction Easement for Sound Transit on King County Tax Parcel No. 282204-9017, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: Sound Transit is constructing the Federal Way Link Extension and needs to acquire a 743 square ft temporary construction easement (“TCE”) on a portion of King County Tax Parcel No. 282204-9017, which is owned by the City. The TCE will remain in effect until June 30, 2025, or until the easement area is fully restored, whichever occurs first. Sound Transit may, at its option, extend the term for up to an additional six months. An offer was made by Sound Transit, under threat of condemnation, to compensate the City $1,000.00 for the TCE. This amount was based on an appraisal conducted on behalf of Sound Transit, which determined that the fair market value of the TCE is $72.00. Sound Transit’s minimum compensation amount is $1,000.00, so their offer was increased to that amount. Staff has reviewed the appraisal and recommends that Council authorize the Mayor to sign the TCE to complete this transaction. BUDGET IMPACT: Proceeds will be placed in the Drainage Utility Fund, as the original property purchase was paid for using Drainage Utility monies. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. 8.G Packet Pg. 52 ATTACHMENTS: 1. 5C1 TCE Final - signed (PDF) 10/18/21 Public Works Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 11/2/2021 5:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer 8.G Packet Pg. 53 8.G.a Packet Pg. 54 Attachment: 5C1 TCE Final - signed (2880 : Sound Transit Federal Way Link Extension Temporary Construction Agreement - Authorize) 8.G.a Packet Pg. 55 Attachment: 5C1 TCE Final - signed (2880 : Sound Transit Federal Way Link Extension Temporary Construction Agreement - Authorize) 8.G.a Packet Pg. 56 Attachment: 5C1 TCE Final - signed (2880 : Sound Transit Federal Way Link Extension Temporary Construction Agreement - Authorize) 8.G.a Packet Pg. 57 Attachment: 5C1 TCE Final - signed (2880 : Sound Transit Federal Way Link Extension Temporary Construction Agreement - Authorize) 8.G.a Packet Pg. 58 Attachment: 5C1 TCE Final - signed (2880 : Sound Transit Federal Way Link Extension Temporary Construction Agreement - Authorize) 8.G.a Packet Pg. 59 Attachment: 5C1 TCE Final - signed (2880 : Sound Transit Federal Way Link Extension Temporary Construction Agreement - Authorize) 8.G.a Packet Pg. 60 Attachment: 5C1 TCE Final - signed (2880 : Sound Transit Federal Way Link Extension Temporary Construction Agreement - Authorize) 8.G.a Packet Pg. 61 Attachment: 5C1 TCE Final - signed (2880 : Sound Transit Federal Way Link Extension Temporary Construction Agreement - Authorize) DATE: November 2, 2021 TO: Kent City Council SUBJECT: Amend Agreement with U.S. Small Business Administration for Shuttered Venue Operators Grant for accesso ShoWare Center - Authorize MOTION: Authorize the Mayor to sign an amendment to the agreement with the U.S. Small Business Administration for the Shuttered Venue Operators Grant in the amount of $1,525,220.33, for emergency assistance for eligible venues affected by COVID-19 during the period of March 1, 2020 through December 31, 2021, and to execute any related documents or further amendments necessary to accept additional Small Business Administration Shuttered Venue Operators Grant money. SUMMARY: Live venue operators were among the businesses hit hardest by the COVID-19 pandemic and the widespread restrictions on public gatherings. To provide assistance to eligible entities, the Shuttered Venue Operators Grant (SVOG) program was established by the Economic Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act, and amended by the American Rescue Plan Act. The program includes over $16 billion in grants to shuttered venues, to be administered by the U.S. Small Business Administration’s Office of Disaster Assistance, which includes an award of $3,050,440.65 to the City of Kent for the acc esso ShoWare Center. SVOG funds must be spent on eligible expenses incurred during the period that begins on March 1, 2020 and ends on December 31, 2021. Eligible expenses for the accesso ShoWare Center include payroll costs, contractual agreements, utility payments, ordinary and necessary business expenses, and administrative costs. The U.S. Small Business Administration has increased the City of Kent’s award amount by $1,525,220.33 for a total of $4,575,660.98. Also, the contract deadline has been extended to June 30, 2022. BUDGET IMPACT: Revenues of up to $1,525,220.33 to the City for eligible expense incurred by the accesso ShoWare Center. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. 9.A Packet Pg. 62 Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. SVOG Supplemental Award (PDF) 9.A Packet Pg. 63 9.A.a Packet Pg. 64 Attachment: SVOG Supplemental Award (2896 : Amend Agreement with U.S. Small Business Administration for Shuttered Venue Operators