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City Council Meeting - Council - Agenda - 5/16/2023
^*4 KENT CITY COUNCIL AGENDA • Tuesday, May 16, 2023 KENT 7:00 PM W A S H I N G T G N Chambers 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: 853 7531 6594 Passcode: 663693 Join Zoom Meeting Mayor Dana Ralph Council President Bill Boyce Councilmember Brenda Fincher Councilmember Zandria Michaud Councilmember Satwinder Kaur Councilmember Toni Troutner Councilmember Marli Larimer Councilmember Les Thomas ************************************************************** COUNCIL MEETING AGENDA - 7 P.M. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff. 4. PUBLIC COMMUNICATIONS A. Public Recognition i. Proclamation for National Police Week ii. Proclamation for National Public Works Week B. Community Events C. Public Safety Report S. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report City Council Meeting City Council Regular Meeting May 16, 2023 B. Chief Administrative Officer's Report C. Councilmembers' Reports 6. PUBLIC HEARING A. Public Hearing on the 2024-2029 Transportation Improvement Program Resolution - Adopt B. Public Hearing on the Ordinances Amending KCC 13.01 and 14.01 - Building Codes - Adopt 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 this Public Comment period to support or oppose a ballot measure or candidate for office. Public Comment may be provided orally at the meeting, or submitted in writing, either by emailing the City Clerk by 4 p.m. on the day of the meeting at CityClerk(@kentwa._oc o or delivering the writing to the City Clerk at the meeting. If you will have difficulty attending the meeting by reason of disability, limited mobility, or any other reason that makes physical attendance difficult, and need accommodation in order to provide oral comment remotely, please contact the City Clerk by 4 p.m. on the day of the meeting at 253-856-5725 or CityClerkOkentwa.ao. 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 MayorOKentWA._gov and CityCouncilOKentWA._gov. Emails are not read into the record. 8. CONSENT CALENDAR A. Approval of Minutes i. Council Workshop - Workshop Regular Meeting - May 2, 2023 5:00 PM ii. City Council Meeting - City Council Regular Meeting - May 2, 2023 7:00 PM B. Payment of Bills - Approve C. Budget Adjustment Authorizing One Full Time Employee - Approve D. Accessory Dwelling Unit Ordinance - Adopt E. ARPA Subrecipient Agreement With Business Impact Northwest - Authorize F. ARPA - Grant Agreement with Green River College Small Business Center - Authorize G. Agreement for the Kent Senior Activity Center Lunch Program Caterer - Authorize H. Agreement with EarthCorps for Mill Creek Canyon Trail Repair - Authorize City Council Meeting City Council Regular Meeting May 16, 2023 I. City Council Bylaws, Rules, and Procedures - Resolution - Adopt 9. OTHER BUSINESS 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. 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. 4.A.1 PROCLAMATION WHEREAS, Congress and the President of the United States have designated May 15 as Peace Officer's Memorial Day, and the week in which May 15 falls as National Police week; and WHEREAS, the members of the Kent Police Department play an essential role in safeguarding the rights and freedoms of the citizens of Kent; and WHEREAS, it is important that all citizens know and understand the duties, o responsibilities, hazards, and sacrifices of their police officers, and that members of our police department recognize their duty to 0) serve people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent W against deception and the weak against oppression; and 2 WHEREAS, the men and women of the Kent Police Department unceasingly a provide a vital public service, working to create a safer community for all while strengthening trust and building genuine relationships; and WHEREAS, National Police Week is our time to remember all officers who have a given the ultimate sacrifice in service to their communities and while Police Week has always been important to us, it has taken on an even deeper importance in our community after we lost Z Detective Focht in 2017 and Officer Moreno in 2018. o 0 c NOW, THEREFORE, I, Mayor Dana Ralph, call upon all citizens of Kent and 2 upon all patriotic, civic and educational organizations to observe the E week of May 15-21, 2023 as 0 L NATIONAL POLICE WEEK 0 and join me in commemorating law enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and for preserving the rights and security E of all citizens. Please also join me in recognizing and paying respect to the survivors of our fallen heroes. In witness whereof, I have hereunto set my hand this 16th day of May 2023. Mayor Dana Ra ph • KENT W A S H I N O T O N Packet Pg. 4 4.A.2 PROCLAMATION WHEREAS, the City of Kent recognizes that the men and women in Kent who provide and maintain public works infrastructure, facilities and services are of vital importance to sustainable communities and to the health, safety and well-being of the people; and, WHEREAS, such facilities and services could not be provided without the g dedicated efforts of public works professionals, engineers, managers and employees from State and local government and U the private sector, who are responsible for and who plan, design, build, operate, and maintain the transportation, water, wastewater, drainage infrastructure and facilities, and who a deliver solid waste services, transit, and fleet services which are essential to serving our residents; and, WHEREAS, it is in the public interest for the citizens, civic leaders and children 0 in the United States of America to gain knowledge of and to 3: maintain an interest and understanding of the importance of .2 public works programs in their respective communities; and a WHEREAS, the year 2023 marks the 63rd annual National Public Works Week 0 sponsored by the American Public Works Association z L 0 NOW, THEREFORE, I, DANA RALPH, MAYOR OF KENT, DO HEREBY 0 PROCLAIM MAY 21-27, 2023 TO BE National Public Works Week a. E and urge all our residents to pay tribute to our public works professionals, engineers, managers and employees and to recognize the substantial contributions they have made to our national health, safety, welfare and quality of life. E 0 U In witness whereof, I have hereunto set my hand and caused to be affixed the seal of the City of Kent this 16t" day of May 2023. Mayor Dana Ralph I EN• T W A S H I N O T O N Packet Pg. 5 5.B w the CAO repo of department highlights c� ADMINISTRATIONRace and Equity = • Thanks for joining us for the Race and • The City has received a number of inquiries Equity Speaker Series, Thursday, April 27. ; from neighboring jurisdictions regarding The presentation ��Decoding Disability" by the drug possession ordinance passed by Daphne Frias, highlighted the importance E Council on May 2. Staff has also been o responding to legislative inquiries about of including diverse perspectives and y experiences in all levels of society. how best to structure a state law to be Additionally, Daphne emphasized the idea a considered during a special session of the that individuals experience with disability legislature. Avast majority of cities that should make them the experts in that topic staff has interacted with have either acted since it's their everyday lived reality. If you a or intend to take action to make possession missed the speaker series, you could watch of controlled substances, which was a the recording on the CARE SharePoint Site N felony prior to the Blake decision, a gross under Documents. misdemeanor. The Race and Equity team will be • Staff continues to work with the city of presenting the newly passed Race and o Auburn to finalize the details of the Bridges Equity Strategic Plan during June's CARE de-annexation and annexation. session on June 21. Communications . The City's 2022 Title VI report was c • Thanks to all staff for attending A FORCE submitted to WSDOT on May 2, 2023. E FOR KINDESS, Thursday, May 4. Their Additionally, we received feedback on our w presence made the event out of this world, drafted Title VI Plan. Race and Equity team and we're grateful for the galactic time we is working on addressing the comments. U had together. 111111 • We are excited to partner with Kent Station 2 W for Paw Fest 2023. Join us June 3, 12 pm - 3 pm for a fun filled furry event! Animal ECD/Parks/Communications ; rescues from all over Western Washington May 8 was a special day for 20 Kent E E will have sweet animals up for adoption, and Elementary students in grades 4 thru 6 0 Regional Animal Services of King County will who got to be "test pilots" for the late be on hand to help with the licensing breaking addition to space-themed process. There will be a pet parade, best pet renovations taking place at Kherson Park, costume contest, pup cups, demonstrations from dog agility teams and dog trainers. across from City Hall campus. With the • Also, be sure and stop by the Kent official grand opening just a few days International Fest at accesso ShoWare away, and with the recently landed from 10 am - 5 pm the same day! augmented reality feature sponsored by Boeing it was important to invite some Page 1 of 10 Packet Pg. 6 5.B special people and give kids a chance to This week the long range planning team preview the new tech, to make sure its welcomes Callie McGrew as a temporary glitch free and fun to use ahead of the Associate Planner. Callie is a Navy veteran official event. In attendance were Mayor and has a background in health and Ralph, and retired NASA astronaut Dottie emergency management. In June she will Metcalf-Lindenburger, serving as Mission graduate with her Master's degree in Urban Control, Principal Rosa Villareal and Carol Design and Planning from UW Seattle. Cleveland from the Kent School District, Callie will be helping with the plus the app's chief developer Francisco Comprehensive Plan update, community Rodriguez from Prime Studios, Boeing engagement, and implementation of new Global Engagement Senior Manager Gina legislation. Breukelman, Gaila Guiterrez of KDP, Brian On May 8, 2023, the Economic and Levenhagen and many others. After some Community Development Committee voted opening remarks and a fun kick off to the to approve the proposed accessory exploratory mission, kids got box lunches dwelling unit (ADU) ordinance. The ADU and free passes to the Museum of Flight for ordinance is on Council's consent agenda their contributions to the day. for May 16, 2023. If adopted, staff will ci For the upcoming Grand Opening, Saturday begin implementation efforts to reflect the E May 20, starting at 10:30am, Monday's new development regulations and revised y available test pilots will be back to serve as permit requirements. Department c student ambassadors for kids in attendance leadership has received praise from on that day. community members for the outreach �- All are welcome to attend on May 20, and efforts of Kaelene Nobis, Senior Long o more information is available here: Range Planner and project manager. The https://www.engagekentparks.com/kherso breadth and depth of her strategy and her L nparkredevelopment responsiveness to individual concerns and Economic Development inquiries were noticed and appreciated. 0 • Kent School District and ECD are On May 13, 2023, long range planning staff coordinating a request for qualifications for attended the Puget Sound Fire District's M L career and technical education and STEM Teddy Bear Clinic to raise awareness about focused education planning support. the Comprehensive Plan. The official public • ECD presented with Race & Equity team to launch and EIS scoping period for the a the ECD committee on a new technical Comprehensive Plan will kick off on June 1, assistance contract with Business Impact 2023. Staff and the consultant team (MIG) U Northwest to accelerate BIPOC businesses. will share additional project updates and ii BINW offers a multipronged approach to engagement plans at the May 16 Council 2 helping entrepreneurs reach the next level, Workshop. and an additional goal is improved The Washington State Legislative session ' E accessibility for BIPOC owned businesses to closed April 23, 2023, and the Governor E city procurement processes. has been signing bills. LRP staff reviewed U • ECD attended LISC's Amazon sponsored over fifty proposed bills, testified over a real estate developers from communities of half-dozen times, and actively sought color accelerator program graduation opportunities to advocate for Kent's ceremony the first week in May. Several interests and ensure state legislation was graduates have connections to the city of implementable. Staff will continue to Kent and are interested in launching evaluate the recently adopted legislation to development projects here. develop a pathway for next steps. Long Range Planning Building Services Page 2 of 10 Packet Pg. 7 5.B • During the month of April, our building the 2023 relicensing period, and a March inspectors conducted 785 inspections, and 2023 reminder notification, all of which plans examiners 176 reviews. included relicensing instructions. • The division also welcomed new plan reviewer Brett Minson and new inspector RI Petersen. Information Technology Projects • End Point Privilege Management - To remove excessive user privileges and Budget control end users' rights on specifically • The Budget Group is beginning to work on called out applications and computer the 2024 Mid-Biennium Adjustment functions. For the City of Kent, most forecast calculations. The budget kickoff importantly, it is to remove the will be held in mid-June. "Administrative Rights" on their Customer Service workstations/computers. • Congratulations to Nicole Garves, Account Commvault Replacement - To replace the Representative. Nicole's 15t" anniversary existing enterprise data backup and 3 working for the City of Kent is May 16. recovery solution before the current on- 0 Accounting and Reporting premises solution reaches end of life and E • The 2021 Accountability Audit is wrapping support. 0- up. Thanks again to all affected Information Technology operational support departments for their help and cooperation for April 30, 2023 to May 09, 2023 0 in completing this as quickly as possible. • Number of tickets opened - 125 • 2022 ACFR preparation is underway and • Number of tickets closed - 238 the 2022 financial audit has begun. 0 Requests for information from affected departments will be sent during the week During the month of April, the Law ) of May 8. Department received a total of 164 cases Payroll from the Police Department to review and o • Neill Woods joined the City on May 1 as assess for the filing of criminal charges. Of > Payroll Supervisor. Neill comes to the city those cases, 59 were for in-custody with eight years of experience in payroll, defendants which necessitated rush filing N specifically in implementing payroll the next business day after arrest. .9 processes, oversight of multiple employees In April, prosecutors covered 71 court in over ten states, and accurately calendars, which included 1,394 cases w processing all reporting functions for scheduled for hearing, spread across 926 multiple jurisdictions. defendants. Of those, 331 cases were for Tax and License 171 defendants who were held in-custody. c • During the week of May 8, the Tax Division .2 Of the remaining 755 defendants who were m sent an e-mail notification to 470 required to appear in court on an out-of- .c businesses that are delinquent in filing custody basis, 162 of them failed to appear = their 2022 Annual B&O tax return and 160 (just about a 21% FTA rate, that's up E businesses that are delinquent in filing about 3% from last month). their Q1 2023 City B&O tax return. Both In preparation for the May jury term, the 2022 Annual and the Q1 2023 B&O tax prosecution prepared 79 cases for jury trial return were due on May 1. spread across 64 defendants, an increase • During the week of May 15, the Tax of nearly 25% from April. Preparing these Division will send correspondence to cases for trial required the criminal division approximately 1,000 businesses who have to contact 117 witnesses, conduct not renewed their Kent business license for interviews, and review all evidence 2023. This follows a November 2022 associated with each case. As part of this notification regarding commencement of process, prosecutors reviewed body cam Page 3 of 10 Packet Pg. 8 5.B footage that totaled more than 137 hours season. 83% of expenses were covered by in length, which is the equivalent of over revenues, up from 74% last year. 99% of 17 days of work for a single full-time all audience members rated their employee. After careful preparations, 5 experience "good" or "excellent" according cases have been confirmed for trial this to survey responses. week: two DUI-related cases, two domestic A Kent Downtown Rotating Mural Project violence cases, and one harassment related selection panel made up of a professional case. The remaining cases were either artist (Will Schlough), two Arts resolved through guilty pleas, set over to a Commissioners (Ryan Olmsted and Sandi future trial term, or dismissed for Westman), the Kent Downtown Partnership evidentiary reasons. Executive Director (Gaily Haas), and a City • Drafted an ordinance for Council Councilmember (Zandria Michaud) consideration, which prohibits drug reviewed 52 artist applications. The group possession in the City Kent, effective July chose artists Jean Bradbury and Sarah 1, 2023, when the current state law Gahnooni to create murals for two locations = sunsets. The ordinance includes several in Kent's historic downtown. New murals options through which an individual can will be installed this fall to replace the 2021 comply with court-approved treatment and inaugural artworks at 403 W. Meeker L) have a criminal charge for drug possession Street and 314 West Meeker Street. E dismissed or a prior conviction vacated. Paintings and textile artwork by Leslie ° • Assisted and advised staff in Economic and Barber and Renee Hazen are on display in Community Development and the Puget the Centennial Gallery through May 23. a Sound Regional Fire Authority in preparing Renee Hazen held a reception on Thursday, ordinances to adopt and amend the latest April 20 which was attended by version of the international fire and approximately two dozen people. The a building codes, which the State Building gallery is free and open to the public from Code Council adopted for application in the 8 a.m. to 5 p.m., Monday through Friday. ) L State of Washington. • Assisted staff in drafting the resolution ' ' o adopting the 2024-2029 Transportation Staff Changes - > Improvement Program. Hiring/Retirement/Recruitment/ • Assisted multiple departments in the N review and interpretation of grant funding Leaves/Promotions •E agreements. • Corrections Sergeant James Chapman •9 resigned May 1. • Assisted outside counsel on a number of E cases currently in litigation. Entry level Officer Matthew Kinney started a • Worked with staff to acquire the property May 1. Significant crime rights necessary to complete various c projects throughout the City. activities/arrests/investigations • Assisted the Clerk's Office on various public On April 27, at 6:35pm, officers were records requests. dispatched to a shooting at the Dockside 3 Apartments. They found the victim with a E PARKS, RECREATION, ANDsingle gunshot wound to the chest. The 0 COMMUNITY SERVICES victim had arrived home in one vehicle, and shortly thereafter the suspect vehicle Recreation and Cultural Services arrived as well. The victim walked up to the • The 2022-2023 Spotlight Series season suspect vehicle's driver's side door and was offered six performances with total shot by the occupant at close range. attendance at 1,767. Two performances On April 27, at 11:37pm, officers were were sold out, and another two were at dispatched to the Bigfoot Java located at over 85% capacity. Overall season capacity 21116 84th Ave. S. regarding a robbery. was 82%, up from 80% in the 2021-2022 The victim employee was working alone Page 4 of 10 Packet Pg. 9 5.B when she noticed a vehicle had parked in On April 29, at 4:10pm, officers responded the lot remaining there for an extended to the Dollar Tree located at 23406 Pacific period. The suspect exited the vehicle and Hwy S. The victim and his girlfriend began to approach on foot. The victim tried followed another male to Kent who told to shut her window before he reached the them he knew where they could purchase window, but the suspect was able to rob narcotics. When they arrived at the Dollar her of the money in the cash register Tree, the victim and his girlfriend began implying he had a firearm. The suspect fled contacting occupied vehicles until his the scene. girlfriend was able to purchase • On April 28, at 6:32pm, officers were methamphetamine from the unknown dispatched to a threat with a weapon that suspects. When the victim found out that occurred at the Thea Bowman Apartments. he and girlfriend had no more money to The victim had been playing catch in the buy a lighter to consume their drugs and a parking lot and his ball got away from him that the suspects did not give them the ending up underneath the suspect's desired amount commonly associated with = vehicle. The suspect became angry and the money spent; the victim went back to eventually went to his vehicle, obtained a the suspects to try to get some of their firearm, and pointed it at the victim. The money back. During the argument, one of L) suspect went into his apartment after the suspects shot the victim in the leg and E realizing the police had been called. The they left in a vehicle. The victim was ° suspect was contacted and denied using a transported to the hospital for further firearm during the incident. A search treatment. a warrant was obtained by officers and On May 1, at 6:05am, officers were removed a .22 handgun from the suspect's dispatched to a carjacking that occurred vehicle. The suspect was taken into near the intersection of Russell Rd and W a custody without incident. Meeker St. The victim had been at the 76- • On April 28, at 9:16pm, officers responded gas station at 1513 W Meeker cleaning his L to a robbery that occurred at the Dollar vehicle when one of the suspects Tree located at 20618 108' Ave SE. The approached him asking for a ride and to 0 victim employees were closing the store jump start his vehicle down the street. The > and thought no customers were left victim agreed which led them to Russell inside. As one of the employees was and Meeker St. Once on scene, the victim N walking towards the cash vault room, he was robbed of his vehicle by the suspect c was contacted by the suspect who ordered and another subject. The victim's vehicle E the employee and others to put their hands was later recovered at the Driftwood w up. During the robbery, the suspect Apartments. t showed the employees a handgun that he On May 1, at 9:10am, officers located a U had in his possession. The suspect ended recently stolen vehicle in the area of 208th c up taking all the money from the cash St. and 124th Ave SE. The vehicle W registers which totaled close to $2,500. intentionally drove towards the patrol U • On April 29, at 2:53am, officers were vehicle. The officer activated his dispatched to the Bigfoot Java located at emergency lights to signal the driver to c 21116 84t" Ave. S. regarding a robbery. stop and left an area for the suspect to U The victim employee was working alone flee. The suspect vehicle instead turned when the suspect approached and pushed directly into the officer's vehicle hitting the open her window. The suspect appeared to left front area causing damage, continued be armed with a firearm and demanded all past the patrol vehicle, drove onto the money on hand. The victim removed sidewalk striking a parked vehicle, and between $100-$200 from the cash register then took off at a high rate of speed. The and handed it to the suspect. The suspect vehicle was eventually abandoned in the was seen running to a nearby vehicle 11700 block of 211th St. after crashing getting into the passenger seat. into a homeowner's fence. A K9 search was Page 5 of 10 Packet Pg. 10 5.B executed but were unable to locate the significant players in the crowd. All officers suspect driver. Officers located a loaded responded to the area by forming a solid sawed-off shotgun inside the stolen line of vehicles and coordination with vehicle. Renton. Officers slowly pushed everyone • On May 4, at 9:24pm, officers were out of the area and funneled onto 167. It dispatched to a robbery that occurred at was effective. the Townplace Suites. The victim was On May 3, an emphasis was held in the backing out of her parking stall and downtown corridor. 8 arrests/citations, 4 accidently hit an occupied vehicle in the trespass warnings, 1 stolen vehicle parking lot. When the victim got out to recovered, 25 transient subjects contacted apologize and contact the occupants, the with 13 being offered services. driver of the other vehicle pulled out a firearm, pointed it at the victim and stated WORKS something to the effect of, "You shouldn't � have hit my car bitch." The suspect stole Environmental the victim's wallet and fled the scene in his the County Re+ Pledge: King County's vehicle. goal is to have each city sign the Re+ U • On May 7, at 5:02pm, officers were pledge and assist the county to move 0 towards zero waste, circular economy and dispatched to a carjacking that occurred E hours prior at the Alvista 240 Apartments. allow participating cities to apply for o The victim had been at the Phoenix Court competitive grant money to support solid y waste goals and waste reduction. King c Apartments when the suspect asked for a a ride to the Alvista Apartments. Once they County will do a presentation to the Public arrived, another vehicle pulled up and all Works Committee on Re+ May 15. -- Boeing Levee Setback Habitat o who were involved stole the victim's Rehabilitation: Salmon Recovery Funding 0 vehicle. � Boar t round: WRIA 9 WEF • On May 9, at 4:01am, officers were d 2023 gran N dispatched to Country Glen Apartments for review of project list May 11, 2023. Parks W Levy Open Space - River Corridors grant an Order Violation. The reporting party o stated her mother was being kidnapped by application submitted on March 15, 2023. a) her ex-boyfriend. The male fled the scene Waiting for the result of the grant in a vehicle at a high rate of speed. Officers application (early June 2023). were trying to catch up to him until he • Environmental Restoration Grants by the T) blew the red light. Officers located the Department of Ecology: Applications due suspect vehicle crashed in the 10500 block May 4; typical grant award of $10,000 to w $50 of Kent Kangley Road. The suspect ,000 per applicant. Staff applied for 2 continued to flee on foot. He ran to the McSorley Wetland Complex Debris Clean- fence that runs behind Staples, where he Up project to supplement available funding ii made the choice to attempt to jump the for this project. King County Solid Waste Rate Restructure: m fence. This is approximately a 12'-15' drop to the pavement below. After crashing to Staff met with our consultant, BinThere, to ; discuss next steps with the rate the pavement below he was quickly taken E into custody by arriving officers. The restructure. The goal is to get everything 0 suspect was charged with an order finalized and sent to Council for approval in Violation, Reckless Endangerment, Failure August. Preparing a proposal for internal to Yield, Obstruction, Malicious Mischief, as review. well as Hit and Run. Republic Services: Communicating with Major Emphasis Patrol Republic Services and Chandlers Bay • The racer crowd was out in force April 28- Apartments. The 300-unit apartment 29. When huge crowds had gathered near complex has an unpaid garbage bill and trash service is suspended. Code 180/EVH, a drone was launched from a few blocks away and was able to scout out Page 6 of 10 Packet Pg. 11 5.6 Enforcement and Legal are now directly buses in early May. Preparing for other involved. community outreach. • Cross Connection Control: CCCP staff • Linda Heights: Continued coordination with began trainings on how to use the newly Parks on the RCO conversion agreements. acquired Swift Comply--the PRISM SEPA boards posted in late April. database successor. Data transfer process • S. 224th St - Phase 3 West and East: Soos will continue for the next two to four Creek Water and Sewer to relocate water weeks. discharge location from abandoned point • Stormwater Low Impact Development on S 218' to another location. Training: Staff are working with Herrera to Coordinating options. Continued meetings develop LID training for city staff coming with property owners is helping to progress up in June. Details will be sent out soon so acquisition of easements and other needs. that interested staff may sign up. • Meeker Street Bridge Painting and Deck a • NPDESPro (Prism database replacement Repair: Met with WSDOT Local Agency co project): Staff are working through the environmental permit coordinator to outline = testing phase of NPDESPro. We are permitting schedule. Critical path expected ensuring all data was transferred from to be the Endangered Species Act (ESA) ; Prism and Survey 123 to NPDESPro. consultation. Construction sequencing L) • Rock Creek Snorkel Surveys: Snorkel conversations started. E Surveys in Rock Creek were conducted on Mill Creek ReEstablishment: Geotechnical ,° May 8. Salmonids (mostly coho and some drillings along Kennebeck completed. rainbow trout) were observed in both JARPA application has been preliminarily a wetlands. The draft report will be available reviewed with initial feedback provided. next week. Snorkel surveys are required to Team has responded to initial comments. be completed per the City of Kent Clark Mill Creek/76th Ave S Culvert a Springs Water Supply System Habitat Replacement: Continued coordination with Conservation Plan (HCP). KC WTD has resulted with a tentative ) L • Clark Springs Habitat Conservation Plan agreement on light-weight fill type. (HCP) Annual Report: The HCP Annual Agreement to be prepared/modified to 0 Report is complete and will be submitted reflect design and construction changes. > this week to the US Fish and Wildlife Team evaluating water main design. Service and National Marine Fisheries 2024 Overlays: Project to focus more on N Service, as required by the HCP. The HCP restorative (dig-out repairs) work. Memo c Annual Report reviews HCP implementation finalizing locations to be distributed in E status by providing updates on Public Works prior to commencing w precipitation, augmentation, creek flows, Complete Streets conversations. t fish presence, conservation programs, Construction project status, post-project monitoring, West Hill Reservoir: Site and ROW c and budget/funding. irrigation completed week of 5/12. All fence Design work is complete, and gates are installed. •2 • HSIP - 108th Ave SE & SE 264th St - Painter on site cleaning and prepping inside ' E Compact Roundabout: Project Advertised of tank for filling. Tank filling to begin c April 25. Bid opening May 16. Council Wednesday, May 5. Generator start-up and US June 6. testing anticipated for week of May 15 or • HSIP - Road Diet Locations: Updating 22. channelization plans and preparing . Summit Landsburg Road and Rock Creek obligation documents for WSDOT review Culvert Replacement: Final striping and approval. completed, May 12. • Reith Road - Vicinity S 253rd ST to SR 516: • 6MG1 Reservoir Recoating and Vent Coordinating with Right-of-Way team to Replacement: Roof will be roller applied secure construction easements. Meeting after scaffold is removed. Magnum on site scheduled with King County Metro for Page 7 of 10 Packet Pg. 12 5.6 this week and next removing containment Rectangular Rapid Flashing Beacon and scaffold. Crossing Improvements: Center islands are complete at all four locations. The contract is currently suspended while waiting for delivery of the RRFB poles and luminaires - for all locations. • SE 218t"/94t" Ave S/SE 216t" Ave Comcast Utility Relocates - Crews contracted by Comcast are in the ROW and have begun boring on 99t" & 216t". Once complete r there, will relocate to NW corner of 98t" & • 76t" Avenue South North Segment: The 216t". Crews will begin boring south bound final concrete pavement section north to on 98t" heading towards park. This is the 212t" intersection was poured on utility relocation work in advance of our Monday, May 8. Concrete flatwork, fencing upcoming 244t" St Corridor Improvements, a and gates were completed week of May 12. Ph 3 project. — Landscaping restoration began week of Streets May 12, with seeding scheduled for Street Maintenance prepared for pouring, 0 Monday, May 15. Final channelization poured and backfilled new sidewalks at 64t" E scheduled to be placed in early June Ave S and at W Gowe St, shoulder repairs ,° following 28-day cure on concrete at SE 259t" St, bladed the alleyways of pavement. Willis St, poured driveway approach at a • Sanitary Sewer CIPP Lining: Insituform Lake Fenwick Rd, hot patch repairs made continues lining and has now completed 13 on Alexander Ave and West Valley Hwy N of the 23 segments to be lined. They and set out barricades for blading at the a continue to be on schedule for substantial Downtown Core. completion on Friday, May 12. Signs and Markings performed vehicle ) • S 240t" Street and Russell Road TIB safety checks, turned watch for ice signs 4) Sidewalk Improvements: Crews have Citywide, assisted with traffic control at o relocated to Russell Road from Hogan Park Military Rd S, picked up winter traffic to Meeker. Storm installation continues. control at E James S and at S 2181" St, Final overlay on 240t" in front of Operations fabricated signs and located for sign .- completed week of May 12. replacement and performed sign c • 2023 Railroad Quiet Zone BNSF Railroad maintenance at various locations Citywide. E Crossing Improvements: UTC Approval Solid Waste cleaned up debris in several a received. Notice to proceed issued for May locations including along Central Ave N, a 8. Contractors started at Meeker and Titus, removed graffiti from S 224t" St, both sides with full closures of those locations started of the river at S 212t" St, S 259t" St and at around May 5, (traffic advisory issued with 108t" Ave SE. cc notifications to emergency response Water Vegetation line trimmed and mowed •2 agencies). at Kent Springs Infiltration Gallery, Kent ' POD3, Woodland Way PRV, Pumpstation 2 E ' and 5, Kent Springs Upper, East Hill well, U Lower Kent Springs, Seven Oaks well, West r Hill sites and Armstrong Springs. m • Street Vegetation staff repaired and turned on the irrigation system within the planted traffic islands Citywide, mowed, line trimmed and cleared debris at S 208t" St and at E James St, checked tree grates at s" W Gowe St, calibrated the spray truck and " g " =5""., sprayed planted traffic islands Citywide, set Page 8 of 10 Packet Pg. 13 5.B up traffic control at Military Rd S and Fill Mode, and started up the new flow tested backflow assemblies Citywide. meter at Pumpstation 5. • The Sidearm crews mowed at Kent Kangley Pumpstation crews installed repaired parts Rd, minor side streets at 116t" Ave SE, for #1 check valve, cleaned #2 check valve Frager Rd, 44t" Ave S, S 216t" St, SE 256t" and removed parts for repairs at Lindental, St, SE 208t" St, S Reith Rd, 42nd Ave S and cleared the site, prepared for the new at 38t" Ave S. pump and motor control installation at • Wetland Mitigation crews planted at the GRNRA North (Lagoons), replaced the Hytek site, line trimmed at 72nd Ave, mechanical season #1 pump at Victoria repaired fence at the Downey site and Ridge and performed the yearly transplanting at the GRNRA nursery. maintenance of tubing, oil, and filter Water/Sewer change at various locations Citywide. • Water staff are working on relocating and Storm Drainage/Vegetation a renewing two water services on Summit Storm crews installed a catch basin at SE Ave. Work is also beginning on the first 272nd St, saw cut and potholed at SE 280tn r water main construction project of the St, saw cut and removed driveway at Lake season on SE 276t" St between 116t" Ave Fenwick Rd, potholed for utilities at 79t" SE and 118t" Ave SE. Staff are replacing Ave S. Crews also performed National U 18-5/8" water meters along S 212t" St with Pollutant Discharge Elimination System E remote read technology to test a new (NPDES) assessing on 62nd Ave S, Orillia Rd 0 meter reading software. Fire hydrant S, Reith Rd, S 212t" St, 62nd Ave S and on exercising on the Central to South Valley S 239t" PI, TV cleaning at SE 202nd PI, 127tn a water system and hydrant repairs also PI SE, SE 208t" St, SE 210t" Ct and SE continue. 210t" PI, pumping on Veterans Dr, S 212t" • Sewer staff continue line cleaning on the St and 76t" Ave S and performed control a Kent East Hill area of S 240t" St from 100t" structure and permeable pavement Ave SE to 108t" Ave SE, Kent Kangley from inspections and repairs at various locations ) L 108t" Ave St to 114t" Ave SE and on SE Citywide. U 256t" St from 116t" Ave SE to 104t" Ave SE. • Wetland Maintenance worked on trimming o Staff are also video inspecting the storm and mowing the wetlands at 108t" Ave SE, > system in the new Clark Lake Estates 107t" Ave SE, 106t" Ave SE, 128t" Ave SE, development. SE 270t" St, SE 264t" PI, SE 266t" PI, 105tn N Source, Supply and Pumpstations Ave SE, SE 2715t St and 116t" PI SE. c • Source and Supply staff worked on de- • Holding Pond crews line trimmed and E winterizing sites Citywide, ran offline wells, mowed at 1215t PI SE, SE 265t" Ct, SE 268t" w picked up fluoride waste drums for Univar, St, SE Kent Kangley Rd, 118t" PI SE, 1171" conducted water shed fence line PI SE, SE 270t" PI, SE 269t" PI, SE 269t" St, inspections Citywide, finished the annual 116t" PI SE, SE 261st PI, 127t" Ave SE, SE c fluoride saturator cleaning, prepared the 264t" St, SE 274t" St, SE 260t" PI, SE 259t" 212t" St Treatment Plant during the West St, SE 263rd St, 122nd Ct SE and at 124t" PI Hill tank fill, check Pressure Regulating SE. Valves (PRV's), prepared for annual E generator maintenance, prepared for the Fleet/Warehouse U West Hill Reservoir fill, checked the The Warehouse crew continued to assist transmission main trial and eastern with CDL training, maintained the shops properties and tested RPBA's and DCBA's. yard, (keeping it clean and free of litter • SCADA staff worked with consultants on and debris), cleaned and maintained the SCADA upgrades, shut off chlorine for wash rack, washed and vacuumed motor valve installation at Kent Springs, Program pool vehicles, issued personal protection Logistic Controller (PLC) at Seven Oaks, equipment (PPE) and motor pool vehicles prepared and started to fill the West Hill to staff and hydrant meters and public Reservoir, tested Pumpstation 6 on Pump notice boards to contractors, repaired small Page 9 of 10 Packet Pg. 14 5.B equipment as needed, received parts and inventory orders and hauled spoils as time and equipment were available. • Fleet staff worked on receiving, ordering, and setting up new vehicles for service, repaired side arm mowers, upfitting multiple new vehicles, prepare and send vehicles to auction, multiple vehicles at vendors for repairs and schedule maintenance repairs and non-scheduled vehicle drop ins. ### c U c O U E O L N O d O N N L V 0 d M L C E Q W d U c O :r M v C E E O U Page 10 of 10 Packet Pg. 15 6.A KENT WASHINGTON DATE: May 16, 2023 TO: Kent City Council SUBJECT: Public Hearing on the 2024-2029 Transportation Improvement Program Resolution - Adopt MOTION: I move to adopt Resolution No. 2060, adopting the 2024-2029 Six-Year Transportation Improvement Program. SUMMARY: The Kent Transportation Improvement Program (TIP) represents the City's proposed transportation improvement work program for the next six years. Updated annually as required by State code, the six-year plan for each City includes projects and programs of regional significance for inclusion in the TIP and Statewide Transportation Improvement Program (STIP). The TIP is required to be consistent with the Kent Transportation Master Plan (TMP) as an element of the City's Comprehensive Plan, with projects nominated from the TMP or included by other agencies. Including projects in the TIP allows the City to coordinate with other agencies, seek input from the public, search for funding partners, and apply for grants. Most State and Federal agencies require that projects being submitted for grants be included in the City's adopted TIP. Staff will note completed projects proposed to be removed from the TIP, provide context and considerations for this year's update, including grants. The 2024-2029 TIP was presented to the Public Works Committee on May 1, 2022. The public will have an opportunity to comment during the public hearing at the regularly scheduled City Council meeting on May 16, 2023. Any written comments sent in advance must be received by no later than 4 p.m. on Tuesday, May 16, 2023 in order to be considered. At the close of the public hearing, Council may adopt a resolution that adopts the 2024-2029 TIP. BUDGET IMPACT: Each project or program within the TIP has a different budget impact as noted. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Packet Pg. 16 6.A Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. TIP 2024_2029 Resolution (PDF) Packet Pg. 17 6.A.a a 0 Q L RESOLUTION NO. 2060 0 L _ E Q� 0 A RESOLUTION of the City Council of the City of Kent, Washington, adopting the 2024 E through 2029 Six-Year Transportation Improvement o Program. t 0 a N _ R L H RECITALS N O N A. After providing the required notice, the City held a public o N hearing at the regular meeting of the Kent City Council at 7 p.m. on May 16, r 2023, to consider public testimony on the City's proposed 2024 through 2029 c w Six-Year Transportation Improvement Program. 0 Q 0 B. Having considered public testimony on the plan, the Council 0 would like to adopt the 2024 through 2029 Six-Year Transportation Improvement Program. co LO M NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, g WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: o a� o: N O RESOLUTION 04 1* SECTION 1. - Adoption. The 2024 through 2029 Six-Year N Transportation Improvement Program, set forth in Exhibit "A," which is attached and filed with City Clerk, is hereby adopted. E 1 2024-2029 Six-Year Transportation Improvement Program Q Packet Pg. 18 6.A.a SECTION 2. - SeverabilitY. If any one or more section, subsection, 0- 0 or sentence of this resolution is held to be unconstitutional or invalid, such a decision shall not affect the validity of the remaining portion of this resolution L and the same shall remain in full force and effect. c L a. SECTION 3. - Corrections by City Clerk. Upon approval of the City E Attorney, the City Clerk is authorized to make necessary corrections to this 0 resolution, including the correction of clerical errors; resolution, section, or E c subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. 0 N C L SECTION 4, - Effective Date. This resolution shall take effect and be N 0 in force immediately upon its passage. N N O N N t al May 16, 2023 DANA RALPH, MAYOR Date Approved -0 a c 0 ATTEST: 0 N d May 16, 2023 co KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted M c 0 APPROVED AS TO FORM: rn N O N I TAMMY WHITE, ACTING CITY ATTORNEY o N d H C N E t 2 2024-2029 Six-Year cvv r Transportation Improvement Program a Packet Pg. 19 6.A.a 2024-2029 Six-Year Transportation Improvement Program City of Kent `� o Washington � 2024-2029 Six-Year c Transportation Improvement Program - y - L _ Al, - O -- N Y N O N d 0 l O 10 r � + r 1 _7 d €- � 00 LO LO Mayor Dana Ralph Chad Bieren, PE Director of Public Works r O N d w O N O N I N O N a- i= c m E U Q Packet Pg. 20 6.A.a 2024-2029 Six-Year Transportation Improvement Program Table of Contents O r Introduction 2 O Performance 4 Q Measures N C Summary Tables 5 L I— rn Project Pages 8 N 0 N Maps of Projects 46 N 0 Contact Information 51 N d s C O Q C O O N d 00 Ln M C O r O N d W 0) N O N I N On the cover: Image of Titus Railroad Park Mural Mary Iverson (2006), and street service inlet lid with city logo. 0 N a c m E U Q Packet Pg. 21 6.A.a 2024-2029 Six-Year Transportation Improvement Program Introduction Overview O r The Six-Year Transportation Improvement Program (TIP) is a short-range planning document that is updated annually based on needs and policies identified in the City's adopted Comprehensive Plan and Transportation Master Plan (TMP). A major update of the TMP was adopted on March 2, 2021. Q Projects, plans and programs move from the TMP to the TIP as priority projects, grants, and other funding sources are identified. The TIP represents y Kent's current list of needed projects that are anticipated to begin preliminary engineering, right of way acquisition or construction within the next six i years. The TIP also includes ongoing citywide transportation plans and programs. Projects, plans, and programs are included in the TIP plan for a variety H of reasons. These projects, plans, and programs encompass all transportation modes as well as both capital improvements and operations and N maintenance. o N The document identifies secured or reasonably expected revenues for each project or program. The TIP serves as a draft of options for the development N of the local transportation network. As adopted, the TIP guides funding and implementation priorities during the development of the transportation c portion of the Six-Year Capital Improvement Program CIP The CIP shows the City-funded funded portion of projects and is constrained b current budget N P p� p 9 ( )• Y- P p j Y 9 (D forecasts, whereas the TIP shows a complete project list with the variety of funding sources and partners involved. Historically, the largest sources of funding for TIP projects have been Cityfunds and grants. Funding for transportation projects is available from federal, state, and local resources. Each funding source has specific rules and guidelines about what types of projects it will fund, how much of a project will be funded, and timelines for expenditure of funds. Additionally, most grant programs require a funding match, which means that the City must contribute funding to the cost of the project. In order to compete for transportation funding grants from federal and state sources, granting agencies require Q projects to be included in the TIP. O The Cityof Kent funds transportation projects using the General Fund Street Fund Local Improvement Districts Transportation Impact Fees Business 3 P p j 9 p P p and Occupation Tax, Solid Waste Utility Tax, and grant revenue from local, state, and federal governments. One reason the TIP is updated annually is U) that many revenue sources are closely tied to the health of the economy and can therefore be unpredictable. In addition, grant criteria can change from W the previous cycle necessitating a re-evaluation of the TIP projects. 00 m Document Structure chi Each project, plan or program listed in the TIP includes an estimated cost, the amount of funding secured or unsecured and the funding source(s), If r_ grant funding has been secured from a specific source, it is identified. The costs for projects programmed in the first three years of the TIP have been O developed with a higher level of certainty, whereas those in the latter three years have been developed with less specificity, as those projects are 3 generally less defined. N Summary tables below detail projects added or removed from the TIP. Table 2 highlights changes to existing project descriptions. rn N O N Iq N O N a c aD E �o r Q Packet Pg. 22 2024-2029 Six-Year Transportation Improvement Program 2024-2029 Six-Year TIP Projects Removed O r Project Number Project Name Comments r O 23-02 Transportation Master Plan Completed U) R 23-03 76th Avenue S (North Phase) - S 212th Street to 1,000 Feet South of S 212th Street Completed H rn 23-05 S 212th Street- Green River Bridge (West) to Orillia Road S/City Limits Completed N 23-34 Safe Routes to School - East Hill Elementary and Mill Creek Middle Schools Project not grant competitive c N Integrating with street y 24-42 Guardrail Preservation maintenance and Highway Safety Improvement Program C O 2024-2029 Six-Year TIP Projects Changed Q c Project Number Project Name Comments O Description changed to note two-way bike path. This portion of the 23-12 Meeker Frontage Improvement at Kent Elementary School Meet Me on Meeker project is being designed to Meet Me on Meeker N project standards. m 23-14 Veterans Drive Extension - Military Road to I-5 Project split, adding a new project: 24-08 due to project phasing by the 00 Southbound Off-ramp Washington State Department of Transportation. ,`r M 23-18 Local Road Safety Plan - Highway Safety Improvement Description changed to include Safe Streets and Roads For All Action c Program Awards Plan requirements for opportunity to pursue Federal Safety grants. O r 3 23 27 New and Enhanced Pedestrian Crossings in the Downtown Project split, adding a new project: 24-07, due to new funding m Regional Growth Center allocation from the Washington State Legislature in 2023. Description changed to include a Level of Transportation Stress (LTS 1) N SE 248th Street Improvements - 104th Avenue SE to 0 23-44 109th Avenue SE facility. The 2021 TMP calls for this corridor to accommodate all ages N and abilities. II 248th Street Improvements - 109th Avenue SE to Description changed to include a Level of Transportation Stress (LTS 1) N SE 23-45 SE 24 Avenue SE facility. The 2021 TMP calls for this corridor to accommodate all ages a and abilities. H Description changed to incorporate recommendation of 2023 King a 23-47 Adaptive Signals and Transit Signal Priority County Metro Speed and Reliability study, and adaptive signals where O transit and delays occur. E t Midway Subarea TOD Streets - S 244th Street and 32nd Description changed to prioritize a non-motorized trail connection. This U 23-48 Avenue S is part of TMP project D-6 and D-5. Q Packet Pg. 23 6.A.a 2024-2029 Six-Year Transportation Improvement Program Measuring Progress Through Systemwide Transportation Performance Measures The Transportation Master Plan (TMP) detailed the framework for systemwide transportation performance measures to tracl progress on completing O projects and implementing policies. Systemwide performance measures are used to understand how progress on projects and policies translate into progress on the five adopted TMP goals. Performance Measures provide data to understand Kent's progress and if redirection is neccessary to reach the adopted goals. These performance measures are reported in the TIP update annually and as data is available. a. N C t6 Mode Share: NEW �' ' Percent of Commute trips The combined%of commute trips taken by mode CD in 2022 '' ' taken other than by single other than single occupant vehicle increased by o occupancy vehicle 0.9%between 2019 and 2020. IV F N O PERFORMANCE r1i MEASURES • • N C a+ A-41b Percent of trips taken via walking The%oi trips taken via walking declined by 0.2%between 2019 and 2020. Q . . ' C O • Mode Share Percent of trips taken via bicycle The%of trips taken via bicycle was steady at 1.6%between 2018 and 2019.Notcollecredby Census in 2020 _7 r O Between 2017 and 2018,the%of trips taken via transit increased 0.5%followed by a 01%decline between 2018 y r' r Percent of trips taken via transit and 2019.Decreased by 1.0%in 2020 00 Percent of workers that work from Home The 96 of workers that work from home increased 0.395 between 2018 and 2019 Increased by 2.0%In 2020 t� A _r_ Mode Share Percent of trips taken via carpool The%trips taken via a carpool increased 0.5%between 2018 and 2019,Increased by 03%in 2020 O 3 O Percent of trips taken via single The%of trips taken via single occupancy vehicle continues to decline with a decrease of 0.5%between 2016 ad 2019. d occupancy vehicle Decreased by 0.9%in 2020 W N o Access&Mobility Average Number of cars per household The average number of cars per household has been 1.9 since 2017.Decreased by 0.1%between 2018 and 2020 O NI O C1/) Number of Grant/Slate Appropriation Awards The number of grant awarded in 2021 met the target of 3 in 2020. N a Total Awards The total grant funding awarded in 2021 met the target of$4.Smillion in 2020. 0*/ +; Funding 0.4/ Average Award Amount The average grant funding awarded in 2021 met the target of$500,000 per grant award in 2020. u ��/ a Average TIF Collected Annually The averageTlF collected in 2021 did not meet the target of 53.2 million.of note,the updated T1F,adopted on - — - March 17th,is pending. Packet Pg. 24 6.A.a 2024-2029 Six-Year Transportation Improvement Program The summary tables include projects and programs reasonably expected to be funded within the next 6 years in accordance with State law (RCW 35.77.010)and the State Growth Manaqement Act. Summary C No. Project Phases Total Other Preliminary Right of Way Construction O Engineering +-' Russell Road Pedestrian Improvements Phase 2-700 feet north of W Meeker Street to existing +L�+ 23-01 $ 605000 $ $ 118000 $ 54000 $ 433000 sidewalk 500 feet south of S 240th Street , , , , O IZ 23-05 S 240th Street Sidewalks from Russell Road to Lakeside Boulevard E $ 429,900 $ $ 35,825 $ - $ 394,075 y C 23-06 Russell Road Pedestrian Improvements Phase 1-Meeker Street to Hogan Park $ 750,000 $ $ 80,000 $ $ 670,000 H 23-07 Auburn to Renton Rapid Ride Access Improvements $ 10,680,000 $ 1,520,000 $ 1,650,000 $ $ 7,510,000 Four Rectangular Rapid Flashing Beacons(RRFBs)at 104th Avenue SE south of SE 256th Street,SE N 23-08 $ 1,255,000 $ - $ 269,000 $ $ 986,000 G 240th Street east of 104th Avenue SE,Central Avenue N between Novak Lane and Woodford N 23-09 Local Road Safety Plan-Highway Safety Improvement Program(HSIP)Awards $ 1,800,000 $ $ 275,000 $ $ 1,525,000 4 N O 23-10 Meeker Street and 64th Avenue S-Intersection Improvements $ 2,800,000 $ $ 300,000 $ $ 2,500,000 N 23-11 Reith Road-Compact Roundabouts and Road Diet $ 2,900,000 $ $ 200,000 $ $ 2,700,000 23-12 Meeker Frontage Improvement at Kent Elementary School $ 3,800,000 $ $ 200,000 $ $ 3,600,000 C 23 13 New Traffic Signal on Washington Avenue S(SR 181)between W Meeker Street and Kent-Des $ 2,500,000 $ $ 220,000 $ $ 2,280,000 Q. Moines Road(SR 516) O 23-14 Veterans Drive Extension-Military Road to I-5 Southbound Off-ramp $ 51,620,000 $ $ 2,765,000 $ 10,270,000 $ 38,585,000 Q 23-15 E Valley Highway Pavement Preservation-S 196th Street to S 212th Street $ 2,970,000 $ $ 125,000 $ - $ 2,845,000 C O 23-16 132nd Avenue SE Pedestrian Improvements(Phase 3)-SE Kent-Kangley Road to SE 278th Place $ 408,940 $ $ 58,940 $ - $ 350,000 23-17 76th Avenue S(South Phase)-2,600 Feet South of S 212th Street to 3,660 Feet South of S 212th SI $ 17,980,000 $ $ 1,570,000 $ 1,410,000 $ 15,000,000 O N d 23-18 Local Road Safety Plan-Highway Safety Improvement Program Awards $ 1,155,000 $ $ 129,000 $ - $ 1,026,000 23-19 BNSF Railway Company Railroad Quiet Zone $ 3,680,000 $ $ 310,000 $ 70,000 $ 3,300,000 pp in 23-20 Union Pacific Railroad Quiet Zone $ 4,031,000 $ $ 500,000 $ 31,000 $ 3,500,000 M 23-21 Meeker Street Green River Bridge Rehabilitation $ 6,052,000 $ $ 850,000 $ - $ 5,202,000 23-22 Military Road at Reith Road/S 260th Street Intersection Improvements $ 11,438,000 $ $ 938,000 $ - $ 10,500,000 .2 7 23-23 S 218th Street/98th Avenue S-94th Place S to 99th Avenue S $ 11,549,000 $ $ 1,173,000 $ 1,263,000 $ 9,113,000 O U) 23-24 Naden Avenue and Willis Street Intersection Improvements $ 2,800,000 $ $ 273,000 $ 251,000 $ 2,276,000 d 23-25 Safe Routes to School-School Zone Flashers at Seven Elementary Schools $ 475,000 $ $ 85,000 $ 10,000 $ 380,000 N 23-26 W Meeker Street Frontage from Thompson Avenue to the Interurban Trail $ 6,100,000 $ $ 500,000 $ 100,000 $ 5,500,000 Q N I 23-27 New and Enhanced Pedestrian Crossings in the Downtown Regional Growth Center $ 3,600,000 $ $ 300,000 $ - $ 3,300,000 N O 23-28 Naden Avenue Improvements-Willis Street to Meeker Street $ 3,290,000 $ $ 400,000 $ 200,000 $ 2,690,000 N 108th Avenue SE(SR 515/Benson Highway)at Panther Lake Library-Pedestrian Hybrid Beacon 11 23 29 (PHB)Pedestrian Crossing $ 895,500 $ $ 153,500 $ $ 742,000 23-30 W Meeker Street Frontage from Washington Avenue to Thompson Avenue $ 5,100,000 $ $ 300,000 $ - $ 4,800,000 23-31 S 216th Street-99th Avenue S to 108th Avenue SE(SR 515/Benson Highway) $ 14,630,000 $ $ 1,680,000 $ 1,450,000 $ 11,500,000 O E 23-32 83rd Avenue S Sidewalks from S 228th Street to S 224th Street $ 570,000 $ $ 100,000 $ - $ 470,000 V f0 r Q Packet T9__ 2- 25 6.A.a 2024-2029 Six-Year Transportation Improvement Program F Summary-continued No. Project Phases Total Other Preliminary Right of Way Construction Engineering SE 272nd Street(SR 516)at 148th Avenue SE(Lake Meridian)-Pedestrian Hybrid Beacon(PHB) _ 23-33 Pedestrian Crossing $ 1,030,000 $ - $ 180,000 $ - $ 850,000 r 23-35 2025 Local Road Safety Plan and Safe Streets and Roads for All Action Plan $ 1,420,000 $ 320,000 $ 200,000 $ 100,000 $ 800,000 I.- 0 23-36 Panther Lake Signal System Integration $ 600,000 $ - $ 100,000 $ - $ 500,000 CL to 23-37 Railroad Safety Project-BNSF Railroad Crossing at E Smith Street $ 1,040,000 $ - $ 140,000 $ $ 900,000 t4 i 23-38 Kent Transit Center-Access,Mobility and Safety Improvements $ 4,400,000 $ 1,000,000 $ 900,000 $ $ 2,500,000 23-39 W James Street/W Smith Street Pedestrian Improvements $ 1,210,000 $ - $ 200,000 $ $ 1,010,000 N O Meeker Frontage Improvement from Kent Elementary School to Washington Avenue N and New N 23-40 Traffic Signal $ 11,000,000 $ $ 900,000 $ 500,000 $ 10,000,000 N 23-41 S 212th Street Green River Bridge Rehabilitation $ 1,300,000 $ $ 200,000 $ - $ 1,100,000 O N 23-42 S 212th Street-Green River Bridge(East)to 72nd Avenue S $ 3,346,000 $ $ 206,000 $ $ 3,140,000 t W Meeker Street Road Diet from the Interurban Trail to 6th Avenue S and Intersection +-' 23 43 $ 600,000 $ $ 100,000 $ $ 500,000 Improvements at 6th Avenue S 23-44 SE 248th Street Improvements-104th Avenue SE to 109th Avenue SE $ 7,600,000 $ $ 600,000 $ 300,000 $ 6,700,000 ++ >Z 23-45 SE 248th Street Improvements-109th Avenue SE to 116th Avenue SE $ 9,200,000 $ $ 600,000 $ 300,000 $ 8,300,000 O 23-46 E Willis Street(SR 516)and Central Avenue S(SR 516)Intersection Improvements $ 750,000 $ $ 100,000 $ 200,000 $ 450,000 Q C 23-47 Adaptive Signals and Transit Signal Priority $ 1,780,000 $ $ 150,000 $ - $ 1,630,000 2 r 3 23-48 Midway Subarea TOD Streets-S 244th Street and 32nd Avenue S $ 4,100,000 $ $ 400,000 $ 700,000 $ 3,000,000 O 23 49 132nd Avenue SE Pedestrian Improvements(Phase 4)-SE 228th Street to SE 240th $ 1,320,000 $ $ 200,000 $ d$ 1,120,000 Street 23-50 Southeast 248th Street at 116th Ave SE Roundabout $ 4,120,000 $ $ 400,000 $ 700,000 $ 3,020,000 CD LO Summary-New M 24-01 Reith Road Shared Use Path $ 2,730,000 $ $ 200,000 $ 60,000 $ 2,470,000 C 24-02 James Street-Road Diet Study $ 28,000 $ 28,000 $ - $ - $ - •.O, 3 24-03 Earth Works Park to Downtown Connection $ 1,090,000 $ - $ 150,000 $ $ 940,000 0 U) 24-04 32nd Avenue S $ 10,500,000 $ $ 800,000 $ $ 9,700,000 d 24-05 E Canyon Drive(SR516)/SE 256th Street at 104th Avenue SE-Intersection Study and Design $ 840,000 $ $ 840,000 $ $ - C0 24-06 132nd Avenue SE-Crossing Enhancements $ 575,000 $ $ 75,000 $ $ 500,000 N I 24-07 Interurban Trail Crossing Improvements $ 2,000,000 $ $ 150,000 $ $ 1,850,000 N O 24-08 SR 509 Completion Project-Stage 2,Local contribution $ 1,000,000 $ $ - $ $ 1,000,000 N a_ Summary-Sidewalk and Safe Routes to Schools Program ~ 24-21 S 248th Street Walking Path $ 230,000 $ $ 20,000 $ $ 210,000 C 24-22 SE 259th Shared Use Path $ 1,000,000 $ $ 100,000 $ $ 900,000 E t 24-71 64th Avenue S and S 236th Street Intersection Improvements $ 2,160,000 $ $ 210,000 $ 50,000 $ 1,900,000 U W 4+ Q Packet T9. 26 6.A.a 2024-2029 Six-Year Transportation Improvement Program F Summary-Preservation and Resilience Program No.Project Phases Total Other Preliminary Right of Way Construction Engineering C 24-10 Street and Sidewalk Preservation and Repair $ 128,500,000 $ - $ 18,000,000 $ 1,300,000 $ 109,200,000 O r 24-11 S 196th Street Preservation $ 3,800,000 $ - $ 200,000 $ - $ 3,600,000 r L 24-12 S 228th Street Preservation $ 4,200,000 $ - $ 200,000 $ - $ 4,000,000 O Q IA C R L H Summary-Safety N 24-90 City Safety Program $ 4,020,000 $ $ 492,000 $ $ 3,528,000 N 24-91 Willis Street Road Diet and Enhanced Crossing at 2nd Avenue S $ 990,000 $ 8,000 $ 132,000 $ $ 850,000 N 24-92 108th Ave SE&SE 264th St-Compact Roundabout $ 1,654,000 $ - $ 150,000 $ 45,000 $ 1,459,000 N 24-93 104th Avenue RRFB-enhanced crosswalks $ 807,000 $ $ 168,000 $ - $ 639,000 t a+ 24-94 Local Road Safety Plan-2027 Highway Safety Improvement Program $ 1,050,000 $ - $ 120,000 $ 50,000 $ 880,000 C a+ Q Summary-ITS,Operations 0 24-40 Traffic Signal Management Program $ 5,082,000 $ $ 726,000 $ $ 4,356,000 Q C 24-41 Channelization and Pavement Markings Maintenance $ 5,809,000 $ $ 872,000 $ $ 4,937,000 O a=. _3 O N Summary-Plans d 23-P1 Central Avenue Plan $ 725,000 $ 600,000 $ 125,000 $ $ 00 23-P2 Greenways Plan $ 725,000 $ 600,000 $ 125,000 $ $ LO M C O r 3 Six-Year Total-Transportation Improvement Program(funded and unfunded needs) p im N Phases Total Other Eng Prelineienary ring Right of Way Construction d $ 410,200,000 $ 4,100,000 $ 45,000,000 $ 19,000,000 $ 342,100,000 O� N O N Six-Year Total-Transportation Improvement Program(funded and unfunded needs) II Project Costs External N Total City Secured Secured Unsecured N $ 410,200,000 $ 80,000,000 $ 134,100,000 $ 196,000,000 a. H C E t V f0 r Q 27 Packet Pg. 6.A.a 1 1 • Kent TIP - Project • • ,, : , Russell Road Pedestrian Improvements Phase 2 Project Name Russell Road Pedestrian Improvements Phase 2 - 700 feet north of W Meeker Street to existing sidewalk Project Number 23-01 500 feet south of S 240th Street O r Location Russell Road,from 700 feet north of W Meeker Street to existing sidewalk 500 feet south of S 240th Street Year 2023 I.- 0 A continuous pedestrian facility will be constructed along Russell Road from 700 feet north of Meeker Street y to the existing sidewalk 500 feet south of 240th Street/James Street,a total of 900 feet of new sidewalk. Moved to construction in Description Status at p Sidewalk treatments will include a combination of asphalt path,concrete sidewalk, and curb separated 2023 sidewalk within the existing right-of-way. N O N Cost Funding Plan N Planning/Other $ - Local External, Secured Unsecured Total c N Preliminary Engineering $ 118,000 140,000 465,000 - 605,000 (D Right of Way $ 54,000 Construction $ 433,000 Q. O Total $ 605,000 Q C O S 240th Street Sidewalks Project Name S 240th Street Sidewalks from Russell Road to Lakeside Boulevard E Project Number 23-05 O d Location S 240th Street between Russell Road and Lakeside Boulevard E Year 2023 W 00 LO Construct continuous pedestrian facility along the south side of S 240th Street between Russell Road and W) Description Lakeside Boulevard E. Sidewalk treatments will include concrete sidewalk and curb-separated sidewalk Status Moved to construction in within the existing right-of-way. 2023 O O r 3 Cost Funding Plan vOi O Planning/ Other $ - Local External, Secured Unsecured Total rn Preliminary Engineering $ 35,825 117,900 312,000 - 429,900 c N Right of Way $ - IqI N Construction $ 394,075 c N Total $ 429,900 d H C O E t v to Q Packet Pg. 28 6.A.a 1 1 • Kent TIP - Project • • ,, � , Russell Road Pedestrian Improvements Phase 1 Project Name Russell Road Pedestrian Improvements Phase 1 - Meeker Street to Hogan Park Project Number 23-06 O r Location Russell Road,from Meeker Street to Hogan Park Year 2023 I.- 0 Q A continuous pedestrian facility will be constructed along Russell Road from Meeker Street to 700 feet north C Description of Meeker Street. Sidewalk treatments will include a combination of asphalt path,concrete sidewalk,and Status Moved to construction in curb separated sidewalk within the existing right-of-way. 2023 N O N Cost Funding Plan N Planning/Other $ - Local External, Secured Unsecured Total c N Preliminary Engineering $ 80,000 - 750,000 - 750,000 t �1 Right of Way $ - � Construction $ 670,000 Q. O Total $ 750,000 Q C O Auburn to Renton Rapid Ride Access Improvements Project Name Auburn to Renton Rapid Ride Access Improvements Project Number 23-07 O N Kent Station, Central Avenue, Smith Street, Canyon Drive, SE 256th Street, 104th Avenue SE and 108th W Location Avenue SE Year 2023 00 A King County Metro Transit project to upgrade passenger facilities and increase access to transit along the new RapidRide I corridor. Improved pedestrian and bicycle facilities,shelter improvements, real time arrival M Description information, lighting,off-board payment kiosks,and other transit facility improvements to increase safety and Status In design comfort for transit users, induce transit ridership,and improve transit speeds along the route. Over seven miles C of the corridor are within the City. Design began in 2019,and construction is planned for 2024-2026. 0 3 Cost Funding Plan O Planning/ Other $ 1,520,000 Local External, Secured Unsecured Total rn Preliminary Engineering $ 1,650,000 - 10,680,000 - 10,680,000 c N Right of Way $ - IqI N Construction $ 7,510,000 c N Total $ 10,680,000 d H C O E t v to Q Packet-Pg. 29 6.A.a 1 1 • Kent TIP - Project • • ,, z , Four RRFBs - located on 104th Ave SE, SE 240th, and Central Ave N Project Name Four RRFBs- located on 104th Ave SE,SE 240th,and Central Ave N Project Number 23-08 O Location 104th Avenue SE south of SE 256th Street,SE 240th Street east of 104th Avenue SE,Central Avenue N between Novak Year 2023 +j Lane and Woodford Avenue N,and Central Avenue N between Woodford Avenue N and E George Street. O CL Construct four rectangular rapid flashing beacons(RRFBs) at 104th Avenue SE south of SE 256th Street, C Description SE 240th Street east of 104th Avenue SE, Central Avenue N between Novak Lane and Woodford Avenue N, Status Moved to construction in and Central Avenue N between Woodford Avenue N and E George Street. 2023 N O N Cost Funding Plan N Planning/Other $ - Local External, Secured Unsecured Total N Preliminary Engineering $ 269,000 91,412 1,163,588 - 1,255,000 t �1 Right of Way $ Construction $ 986,000 Q. O Total $ 1,255,000 Q C O Local Road Safety Plan - Highway Safety Improvement Program (HSIP) Awards Project Name Local Road Safety Plan - Highway Safety Improvement Program (HSIP)Awards Project Number 23-09 O uJ d Location Year 2023 00 Construct three road diets. The road diets are located on S 260th Street/S 259th Place from Pacific Highway S ,Ln (SR 99)to Military Road S; on Meeker Street, Lincoln Avenue N, and W Smith Street from Washington Avenue to Moved to construction in Description 4th Avenue N; and on 4th Avenue N from S 228th Street to W James Street. All three road diet projects will Status 2023 have a single travel lane in each direction, a two-way left turn lane, and a bike lane in each direction. Op r 3 Cost Funding Plan vOi O Planning/ Other $ - Local External, Secured Unsecured Total rn Preliminary Engineering $ 275,000 180,000 1,620,000 - 1,800,000 c N Right of Way $ - IqI N Construction $ 1,525,000 c N Total $ 1,800,000 d H C O E t v to Q Packet Pg. 30 6.A.a 1 1 • Kent TIP - Project • • Meeker Street and 64th Avenue S - Intersection Improvements Project Name Meeker Street and 64th Avenue S-Intersection Improvements Project Number 23-10 O r Location W Meeker Street and 64th Avenue S Year 2024 I.- 0 Q Intersection reconstruction,curb bulb-outs and bus bulb-outs to decrease the pedestrian crossing distance Description and decrease transit board time.The project includes bus stop improvements on the north and south side Status In design of W Meeker Street east of 64th Avenue S, and signal improvements including transit signal priority. H N O N Cost Funding Plan N Planning/Other $ - Local External, Secured Unsecured Total c N Preliminary Engineering $ 300,000 538,000 236,000 2,026,000 2,800,000 t �1 Right of Way $ - � Construction $ 2,500,000 Q. O Total $ 2,800,000 Q C O Reith Road - Compact Roundabouts and Road Diet Project Name Reith Road -Compact Roundabouts and Road Diet Project Number 23-11 O d Location Reith Road from S 253rd Street to Kent-Des Moines Road Year 2023 00 u7 Convert the intersections of Reith Road/S 253rd Street and Reith Road/Lake Fenwick Road from two-way W) Description stop control to compact roundabouts. Convert Reith Road from S 253rd Street to Kent-Des Moines Road Status Moved to construction in from 4 lanes to 2 lanes plus bike lanes. 2023 0 r 3 Cost Funding Plan vOi O Planning/ Other $ - Local External, Secured Unsecured Total rn Preliminary Engineering $ 200,000 1,305,000 1,595,000 - 2,900,000 c N Right of Way $ - IqI N Construction $ 2,700,000 c N Total $ 2,900,000 d H C O E t c� to r Q Packet Pg. 31 6.A.a 1 1 • Kent TIP - Project • • Meeker Frontage Improvement at Kent Elementary School Project Name Meeker Frontage Improvement at Kent Elementary School Project Number 23-12 O r Location W Meeker Street from 64th Avenue South to 750 feet east of 64th Avenue S Year 2024 I.- 0 Construct new two-way separated bike facility on the south side of the street with on-street parking and a roadway median improvements from 64th Avenue South to 750 feet east of 64th Avenue S.The project Description will narrow the roadway to 3 lanes with parking on both sides and include construction of raised median Status Project in design islands, buffer between the two-way bike path and travel lanes,street lighting, landscaping, and H pedestrian amenities. N O N Cost Funding Plan N Planning/Other $ - Local External, Secured Unsecured Total c N Preliminary Engineering $ 200,000 600,000 150,000 3,050,000 3,800,000 t �1 Right of Way $ - � Construction $ 3,600,000 Q. O Total $ 3,800,000 Q C O New Traffic Signal on Washington Avenue S (SR 181) Project Name New Traffic Signal on Washington Avenue S (SR 181) Project Number 23-13 O d Location Washington Avenue S (SR 181) between W Meeker Street and Kent-Des Moines Road (SR 516) Year 2024 00 Install new traffic signal on Washington Avenue S between Kent-Des Moines Road (SR 516)and Meeker LO Street to serve the existing commercial area on the east side and the redevelopment of the commercial site Description on the west side of Washington Avenue S.The signal will be coordinated with the existing signals on Status Project in design C Washington Avenue. O r 3 Cost Funding Plan vOi O Planning/ Other $ - Local External, Secured Unsecured Total rn Preliminary Engineering $ 220,000 - - 2,500,000 2,500,000 c N Right of Way $ - IqI N Construction $ 2,280,000 c N Total $ 2,500,000 d H C O E t v fC Q Packet P977. 327] 6.A.a 1 1 • Kent TIP - Project • • ,, Veterans Drive Extension Project Name Veterans Drive Extension Project Number 23-14 O r Location Veterans Drive from Military Road to the I-5 Southbound Off-ramp Year 2023 I.- 0 Complete a missing link by constructing a new roadway from Military Road to the I-5 Southbound off-ramp, y including an intersection with the northbound on-ramp to I-5 and an undercrossing of I-5.The project will Description i Status Construction !anclude the construction of full width paving,concrete curbs, gutters,sidewalks, pedestrian pathway,street � lighting,storm drainage, landscaping, utilities and appurtenances.This is a WSDOT-led project. N O N Cost Funding Plan N Planning/Other $ - Local External, Secured Unsecured Total N Preliminary Engineering $ 2,765,000 1,000,000 50,620,000 - 51,620,000 t Right of Way $ 10,270,000 Construction $ 38,585,000 Q. O Total $ 51,620,000 Q C O E Valley Highway Pavement Preservation - S 196th Street to S 212th Street Project Name E Valley Highway Pavement Preservation -S 196th Street to S 212th Street Project Number 23-15 O d Location East Valley Highway from S 196th Street to S 212th Street Year 2023 W 00 u7 Grind and replace failing pavement sections,overlay the full width of the roadway, upgrade curb ramps and M Description traffic signals to meet ADA standards.The project will include replacement of existing asphalt concrete Status Moved to construction pavement and replace it with Portland cement concrete pavement for the intersection approach legs. r 3 Cost Funding Plan vOi O Planning/ Other $ - Local External, Secured Unsecured Total rn Preliminary Engineering $ 125,000 1,370,000 1,600,000 - 2,970,000 c N Right of Way $ - IqI N Construction $ 2,845,000 c N Total $ 2,970,000 d H C O E t v fC Q Packet P977. 337] 6.A.a 1 1 • Kent TIP - Project • • ,, � , 132nd Avenue SE Pedestrian Improvements (Phase 3) - SE Kent-Kangley Road to SE 278th Place Project Name 132nd Avenue SE Pedestrian Improvements(Phase 3) -SE Kent-Kangley Road to SE 278th Place Project Number 23-16 O r Location 132nd Avenue SE from SE Kent-Kangley Road to SE 278th Place Year 2024 I.- 0 Q Construct a sidewalk along the west side of L32nd Avenue SE where sidewalk does not currently exist.This Description project will include ADA-compliant curb ramps throughout the segment and pavement improvements at the Status Designed intersection of SE 278th Place and !32nd Avenue SE. H N O N Cost Funding Plan N Planning/Other $ - Local External, Secured Unsecured Total c N Preliminary Engineering $ 58,940 - 58,940 350,000 408,940 t �1 Right of Way $ - � Construction $ 350,000 Q. O Total $ 408,940 Q C O 76th Avenue S (South Phase) Project Name 76th Avenue S(South Phase) Project Number 23-17 O d Location 76th Avenue S from 2,600 Feet South of S 212th Street to 3,660 Feet South of S 212th Street Year 2023 W 00 Construct drainage and road improvements on 76th Avenue S from S 220th Street to S 223rd Street.The V) project will raise the existing road above the FEMA base flood elevation with a full width concrete roadway, Description remove deficient culverts, construct 3 bridges,widen the Mill Creek channel,construct new storm and Status Moved to construction C water systems, gutters, curbs, planter strips, sidewalks,street lighting, and channelization. O r 3 Cost Funding Plan vOi O Planning/ Other $ - Local External, Secured Unsecured Total rn Preliminary Engineering $ 1,570,000 9,980,000 8,000,000 - 17,980,000 c N Right of Way $ 1,410,000 Iq1 N Construction $ 15,000,000 c N Total $ 17,980,000 d H C O E t v fC Q Packet Pg. 34 6.A.a 1 1 • Kent TIP - Project • • r : , Local Road Safety Plan - Highway Safety Improvement Program Awards Project Name Local Road Safety Plan - Highway Safety Improvement Program Awards Project Number 23-18 O r Location 4th Avenue N from W James Street to W Saar Street and Canyon Drive(SR 516)at Weiland Street. Year 2024 I.- 0 Reconfigure the existing 4 and 5 lane cross section of 4th Avenue N to 3 or 4 lanes plus bike lanes and y install elements of protected intersection bicycle improvements at 4th Avenue and James Street. A second Description Status In design spot location includes access management with curb, median striping and signing at Canyon Drive (SR 516) � and Weiland Street. rn N O N Cost Funding Plan N Planning/Other $ - Local External, Secured Unsecured Total c N Preliminary Engineering $ 129,000 - 1,155,000 - 1,155,000 t �1 Right of Way $ - � Construction $ 1,026,000 Q. O Total $ 1,155,000 Q C O BNSF Railway Company Railroad Quiet Zone Project Name BNSF Railway Company Railroad Quiet Zone Project Number 23-19 O BNSF Rail crossings at S 259th Street, E Willis Street(SR 516), E Titus Street, E Gowe Street, E Meeker Location Street, E Smith Street, E James Street, and S 212th Street. Year 2026 00 Establish a railroad quiet zone for the BNSF Railway Company mainline tracks through the City.The grade V) crossings to be included in the quiet zone are: S 259th Street, E Willis Street(SR 516), E Titus Street, E Description Gowe Street, E Meeker Street, E Smith Street, E James Street,and S 212th Street.The project began in Status Construction C 2018. O Cost Funding Plan vOi O Planning/ Other $ - Local External, Secured Unsecured Total rn Preliminary Engineering $ 310,000 510,000 3,170,000 - 3,680,000 c N Right of Way $ 70,000 IqI N Construction $ 3,300,000 c N Total $ 3,680,000 d H C O E t v fC Q Packet P977. 357] 6.A.a 1 1 • Kent TIP - Project • • Union Pacific Railroad Quiet Zone Project Name Union Pacific Railroad Quiet Zone Project Number 23-20 O UPRR rail crossings at Willis Street(SR 516), W Meeker Street, W Smith Street, W James Street and S Location 2I2th Street. Year 2024 C Q Establish a railroad quiet zone for the Union Pacific Railroad (UPRR) mainline tracks through the City.The Description grade crossings included in the quiet zone are Willis Street(SR 516), W Meeker Street,W Smith Street,W Status In design James Street and S 2I2th Street.The project began in 2018. H N O N Cost Funding Plan N Planning/Other $ - Local External, Secured Unsecured Total N Preliminary Engineering $ 500,000 - - 4,031,000 4,031,000 t Right of Way $ 31,000 Construction $ 3,500,000 Q. O Total $ 4,031,000 Q C O Meeker Street Green River Bridge Rehabilitation Project Name Meeker Street Green River Bridge Rehabilitation Project Number 23-21 O d Location Meeker Street at the Green River Year 2024 00 u7 M Description Replace the existing finger expansion joints and bearing pads, deck resurfacing, and bridge repainting. Status In design C O 3 Cost Funding Plan vOi O Planning/ Other $ - Local External, Secured Unsecured Total rn Preliminary Engineering $ 850,000 1,567,680 4,484,320 - 6,052,000 c N Right of Way $ - IqI N Construction $ 5,202,000 N Total $ 6,052,000 d H C O E t v to Q Packet P977. 367] 6.A.a 1 1 • Kent TIP - Project • • ,, 4 , Military Road at Reith Road/S 260th Street Intersection Improvements Project Name Military Road at Reith Road/S 260th Street Intersection Improvements Project Number 23-22 O r Location Military Road at Reith Road/S 260th Street Year 2026 I.- 0 Q y Realign the intersection and widen the approaches to provide eastbound and westbound left turn pockets Description Status Programming and a westbound right turn pocket. � N O N Cost Funding Plan N Planning/Other $ - Local External, Secured Unsecured Total c N Preliminary Engineering $ 938,000 - - 11,438,000 11,438,000 t �1 Right of Way $ - � Construction $ 10,500,000 Q. O Total $ 11,438,000 Q C O S 218th Street/98th Avenue S - 94th Place S to 99th Avenue S Project Name S 218th Street/98th Avenue S-94th Place S to 99th Avenue S Project Number 23-23 O d Location From 94th Place S to 99th Avenue S Year 2024 W 00 Construct a three-lane roadway from 94th Place S to S 216th Street.This project widens S 216th V) Street/98th Avenue S to three lanes and includes full-width paving; concrete curbs, gutters, and sidewalks; Description five-foot paved shoulders; street lighting; storm drainage; landscaping; utilities and channelization.This Status Right of Way C project must be assessed with respect to complete streets requirements. O r 3 Cost Funding Plan vOi O Planning/ Other $ - Local External, Secured Unsecured Total rn Preliminary Engineering $ 1,173,000 663,620 10,885,380 - 11,549,000 c N Right of Way $ 1,263,000 Iq1 N Construction $ 9,113,000 c N Total $ 11,549,000 d H C O E t v fC Q Packet P977. 377] 6.A.a 1 1 • Kent TIP - Project • • Naden Avenue and Willis Street Intersection Improvements Project Name Naden Avenue and Willis Street Intersection Improvements Project Number 23-24 O r Location Willis Street(SR 516)at Naden Avenue Year 2024 I.- 0 Q Build a right-in/right-out intersection on Willis Street(SR 516) at Naden Avenue consistent with Description Washington State Department of Transportation approval. Reconfigure the northbound 74th Avenue S to Status In design right-turn only at Willis Street. Reconstruct the traffic control signal. H N O N Cost Funding Plan N Planning/Other $ - Local External, Secured Unsecured Total c N Preliminary Engineering $ 273,000 2,800,000 - - 2,800,000 t Right of Way $ 251,000 Construction $ 2,276,000 Q. O Total $ 2,800,000 Q C O Safe Routes to School - School Zone Flashers at Seven Elementary Schools Project Name Safe Routes to School -School Zone Flashers at Seven Elementary Schools Project Number 23-25 O d Location Multiple streets Year 2024 W 00 u7 Install School Zone Flashers at the following Elementary Schools: Sunnycrest Elementary, Star Lake M Description Elementary, Park Orchard Elementary, Sunrise Elementary, Millennium Elementary, Kent Elementary, and Status Moved to construction Neely-O'Brien Elementary. r 3 Cost Funding Plan vOi O Planning/ Other $ - Local External, Secured Unsecured Total rn Preliminary Engineering $ 85,000 77,200 397,800 - 475,000 c N Right of Way $ 10,000 IqI N Construction $ 380,000 c N Total $ 475,000 d H C O E t v fC Q Packet P977. 387] 6.A.a 1 1 • Kent TIP - Project • • ,, � , W Meeker Street Frontage from Thompson Avenue to the Interurban Trail Project Name W Meeker Street Frontage from Thompson Avenue to the Interurban Trail Project Number 23-26 O r Location W Meeker Street from Thompson Avenue to the Interurban Trail Year 2025 I.- 0 Construct Meet Me on Meeker Promenade frontage improvements with new sidewalk, amenity zone, y pathway for 2-way bike traffic, buffer zone, and on-street parking on the south side of the street.The Description Status In design north side will be upgraded to the Meet Me on Meeker Design Standards. Also construct a raised � intersection at 7th Avenue N and realign the Interurban Trail to cross at the intersection with an RRFB. N O N Cost Funding Plan N Planning/Other $ - Local External, Secured Unsecured Total c N Preliminary Engineering $ 500,000 1,342,500 4,757,500 - 6,100,000 (D Right of Way $ 100,000 Construction $ 5,500,000 O Total $ 6,100,000 Q C O New and Enhanced Pedestrian Crossings in the Downtown Regional Growth Center Project Name New and Enhanced Pedestrian Crossings in the Downtown Regional Growth Center Project Number 23-27 O d Location Three new or improved crossing improvements at named locations Year 2027 W 00 Three new or improved crossing improvements at the following locations: 1) Install an RRFB-enhanced crossing with median island at 4th Avenue N and W Harrison Street, 2)Install a new raised midblock Description crossing and RRFB on Meeker Street between 6th Avenue and 4th Avenue, and 3)Install pedestrian Status Programming C crossing signal and crossing improvements on Smith Street at Railroad Avenue N. O Cost Funding Plan vOi O Planning/ Other $ - Local External, Secured Unsecured Total rn Preliminary Engineering $ 300,000 - - 3,600,000 3,600,000 c N Right of Way $ - IqI N Construction $ 3,300,000 c N Total $ 3,600,000 d H C O E t v fC Q Packet P977. 397] 6.A.a 1 1 • Kent TIP - Project • • ,, : , Naden Avenue Improvements - Willis Street to Meeker Street Project Name Naden Avenue Improvements-Willis Street to Meeker Street Project Number 23-28 O r Location From Willis Street to Meeker Street Year 2026 I.- 0 Q y Build the new Naden Avenue connecting Willis Street and Meeker Street to prepare the site for Description development. Status Programming H N O N Cost Funding Plan N Planning/Other $ - Local External, Secured Unsecured Total N Preliminary Engineering $ 400,000 - - 3,290,000 3,290,000 t Right of Way $ 200,000 Construction $ 2,690,000 Q. O Total $ 3,290,000 Q C O 108th Avenue SE (SR 515/Benson Highway) at Panther Lake Library- Pedestrian Hybrid Beacon (PHB) Pedestrian Crossing Project Name 108th Avenue SE(SR 515/Benson Highway)at Panther Lake Library- Pedestrian Hybrid Beacon (PHB) Project Number 23-29 O Pedestrian Crossing Location 108th Avenue SE at Panther Lake Library Year 2024 W 00 u7 W) Construct Pedestrian Hybrid Beacon pedestrian crossing with median pedestrian refuge island,curb ramp Description Status In Design improvements. C O 3 Cost Funding Plan vOi O Planning/ Other $ - Local External, Secured Unsecured Total rn Preliminary Engineering $ 153,500 20,000 875,500 - 895,500 c N Right of Way $ - IqI N Construction $ 742,000 c N Total $ 895,500 d H C O E t v to Q Packet Pg. 40 6.A.a 1 1 • Kent TIP - Project • • W Meeker Street Frontage from Washington Avenue to Thompson Avenue Project Name W Meeker Street Frontage from Washington Avenue to Thompson Avenue Project Number 23-30 O r Location W Meeker Street from Washington Avenue to Thompson Avenue Year 2027 I.- 0 Construct new two-way separated bike facility on the south side of the street,with on-street parking and y roadway improvements from Washington Avenue to Thompson Avenue N.The project will narrow the Description Status Programming !aroadway to 3 lanes, install buffer islands between the bike lanes and travel lanes,street lighting, � landscaping, and pedestrian amenities. N O N Cost Funding Plan N Planning/Other $ - Local External, Secured Unsecured Total c N Preliminary Engineering $ 300,000 - - 5,100,000 5,100,000 t �1 Right of Way $ - � Construction $ 4,800,000 Q. O Total $ 5,100,000 Q C O S 216th Street- 99th Avenue S to 108th Avenue SE (SR 515/Benson Highway) Project Name S 216th Street-99th Avenue S to 108th Avenue SE (SR 515/Benson Highway) Project Number 23-31 O d Location From 98th Avenue S to 108th Avenue SE (SR 51S/Benson Highway) Year 2025 W 00 Construct a three-lane roadway from 98th Avenue S to 108th Avenue SE (SR 51S/Benson Highway),This V) project widens S 216th Street to three lanes and includes full-width paving; concrete curbs, gutters, and Description sidewalks; five-foot paved shoulders; street lighting; storm drainage; landscaping; utilities and Status In Design p 9 9; 9 p� 9; O channelization. O r 3 Cost Funding Plan vOi O Planning/ Other $ - Local External, Secured Unsecured Total rn Preliminary Engineering $ 1,680,000 - 14,630,000 - 14,630,000 c N Right of Way $ 1,680,000 IqI N Construction $ 1,450,000 c N Total $ 11,500,000 d H C O E t v to Q Packet Pg. 41 6.A.a 1 1 • Kent TIP - Project • • ,, : , 83rd Avenue S Sidewalks from S 228th Street to S 224th Street Project Name 83rd Avenue S Sidewalks from S 228th Street to S 224th Street Project Number 23-32 O r Location 83rd Avenue S from S 228th Street to S 224th Street Year 2026 I.- 0 Q Complete the sidewalks gap on the west side of 83rd Avenue S by constructing about 750 feet of sidewalk Description in existing right-of-way.The project will also include a concrete apron across S 224th Street and ADA curb Status Designed ramps. H N O N Cost Funding Plan N Planning/Other $ - Local External, Secured Unsecured Total c N Preliminary Engineering $ 100,000 - 100,000 470,000 570,000 t �1 Right of Way $ - � Construction $ 470,000 Q. O Total $ 570,000 Q C O SE 272nd Street (SR 516) at 148th Avenue SE (Lake Meridian) - Pedestrian Hybrid Beacon (PHB) Pedestrian Crossing Project Name SE 272nd Street(SR 516)at 148th Avenue SE(Lake Meridian) - Pedestrian Hybrid Beacon (PHB) Project Number 23-33 O Pedestrian Crossing Location SE 272nd Street(SR 516)at 148th Avenue SE Year 2026 00 u7 Construct Pedestrian Hybrid Beacon pedestrian crossing with median pedestrian refuge island,curb ramp M Description improvements, signal intertie with 152nd Avenue SE signal, utilities relocation, rechannelization of SE Status Designed 272nd Street including removal of two bus turnouts, and transit access improvements. Cost Funding Plan vOi O Planning/ Other $ - Local External, Secured Unsecured Total rn Preliminary Engineering $ 180,000 - 120,000 910,000 1,030,000 c N Right of Way $ - IqI N Construction $ 850,000 c N Total $ 1,030,000 d H C O E t v to Q Packet Pg. 42 6.A.a 1 1 • Kent TIP - Project • • Panther Lake Signal System Integration Project Name Panther Lake Signal System Integration Project Number 23-36 O r Location Various Year 2026 r O This project includes extension of the fiber optic communications network along the S/SE 208th Street O_ corridor to traffic signals in the Panther Lake area to allow remote monitoring, management, Description and coordination.The project also includes replacement of the existing outdated traflic signal controllers to Status Programming allow integration with the new central traffic signal control system and operating Flashing Yellow Left Turn H Arrows(FYLTA). N O N Cost Funding Plan N Planning/Other $ - Local External, Secured Unsecured Total c N Preliminary Engineering $ 100,000 - - 600,000 600,000 t �1 Right of Way $ - � Construction $ 500,000 Q. O Total $ 600,000 Q C O Railroad Safety Project- BNSF Railroad Crossing at E Smith Street Project Name Railroad Safety Project- BNSF Railroad Crossing at E Smith Street Project Number 23-37 O d Location BNSF Railroad Crossing at E Smith Street Year 2029 W 00 u7 Install pedestrian gates in the northwest and southeast quadrants. Connect pedestrian gates to existing Description Status Programming railroad crossing gate system. C O 3 Cost Funding Plan vOi O Planning/ Other $ - Local External, Secured Unsecured Total rn Preliminary Engineering $ 140,000 - - 1,040,000 1,040,000 c N Right of Way $ - IqI N Construction $ 900,000 c N Total $ 1,040,000 d H C O E t v fC Q Packet Pg. 43 6.A.a 1 1 • Kent TIP - Project • • Kent Transit Center- Access, Mobility and Safety Improvements Project Name Kent Transit Center-Access, Mobility and Safety Improvements Project Number 23-38 O r Location E James Street and Railroad Avenue North Year 2029 I.- 0 This project will create an eastbound right-turn lane on E James Street to Railroad Avenue North extending O_ from 1st Avenue North to Railroad Avenue N.This project will also extend the eastbound bicycle facility on Description James Street that currently terminates approaching the 1st Avenue N intersection. In addition, improved Status Programming pedestrian facilities are planned along the north and south sides of E James Street, improving mobility and H safety for these users. N O N Cost Funding Plan N Planning/Other $ 1,000,000 Local External, Secured Unsecured Total N Preliminary Engineering $ 900,000 - - 4,400,000 4,400,000 t �1 Right of Way $ - � Construction $ 2,500,000 Q. O Total $ 4,400,000 Q C O W James Street/W Smith Street Pedestrian Improvements Project Name W James Street/W Smith Street Pedestrian Improvements Project Number 23-39 O d Location W James Street and W Smith Street Year 2027 00 u7 The proposed project will improve the pedestrian and bicycling experience between the underutilized M Description Kent/James Street Park&Ride and Kent Sounder Station. Improvements include pedestrian wayfinding, Status Programming pedestrian lighting,and related safety improvements. Cost Funding Plan vOi O Planning/ Other $ - Local External, Secured Unsecured Total rn Preliminary Engineering $ 200,000 - - 1,210,000 1,210,000 c N Right of Way $ - IqI N Construction $ 1,010,000 c N Total $ 1,210,000 d H C O E t v to Q Packet Pg. 44 6.A.a 1 1 • Kent TIP - Project • • Meeker Frontage Improvement from Kent Elementary School to Washington Avenue N and New Traffic Signal Project Name Meeker Frontage Improvement from Kent Elementary School to Washington Avenue N and New Traffic Project Number 23-40 Signal O r Location W Meeker Street from Kent Elementary School to Washington Avenue N Year 2026 I.- 0 Construct new two-way separated bike facility on the south side of the street with on-street parking and a roadway median improvements from 750 feet east of 64th Avenue S to Washington Avenue N.The project Description will narrow the roadway to 3 lanes with parking and include construction of raised median islands, raised Status Moving to Design buffer islands between the bike lanes and travel lanes, street lighting, landscaping, and pedestrian H amenities. N O N Cost Funding Plan N Planning/Other $ - Local External, Secured Unsecured Total N Preliminary Engineering $ 900,000 - 10,000,000 1,000,000 11,000,000 t Right of Way $ 100,000 Construction $ 10,000,000 Q. O Total $ 11,000,000 Q C O S 212th Street Green River Bridge Rehabilitation Project Name S 212th Street Green River Bridge Rehabilitation Project Number 23-41 O d Location Green River Bridge at S 212th Street Year 2027 00 u7 Replace the existing finger expansion joints.The improvements would remove and replace the aged M Description compression seals,steel sliding plate, and steel fingers,with a modern expansion joint on the west end of Status Programming the bridge and remove and repair the flexible joint seals on the east end of the bridge. Cost Funding Plan vOi O Planning/ Other $ - Local External, Secured Unsecured Total rn Preliminary Engineering $ 200,000 - - 1,300,000 1,300,000 c N Right of Way $ - IqI N Construction $ 1,100,000 c N Total $ 1,300,000 d H C O E t v to Q Packet Pg. 45 6.A.a 1 1 • Kent TIP - Project • • S 212th Street- Green River Bridge (East) to 72nd Avenue S Project Name S 212th Street-Green River Bridge(East)to 72nd Avenue S Project Number 23-42 O r Location S 212th Street from the Green River Bridge(East)to 72nd Avenue S Year 2027 I.- 0 Q The S 212th Street project includes grinding, replacement of failing pavement sections and a full-width y C Description asphalt concrete pavement overlay of the entire roadway from Green River Bridge to 72nd Avenue S. Curb Status Programming ramps will be upgraded as required to meet ADA standards. H N O N Cost Funding Plan N Planning/Other $ - Local External, Secured Unsecured Total c N Preliminary Engineering $ 206,000 1,846,000 - 1,500,000 3,346,000 t �1 Right of Way $ - � Construction $ 3,140,000 Q. O Total $ 3,346,000 Q C O W Meeker Street Road Diet from the Interurban Trail to 6th Avenue S and Intersection Improvements at 6th Avenue S Project Name W Meeker Street Road Diet from the Interurban Trail to 6th Avenue S and Intersection Improvements at Project Number 23-43 O 6th Avenue S Location W Meeker Street from the Interurban Trail to 6th Avenue S Year 2027 00 u7 Reduce the number of travel lanes on W Meeker Street from 4 lanes to 2 lanes plus bicycle Level of Service M Description Street(LTS) 1 bike lanes and construct pedestrian and bicycle improvements at the intersection with 6th Status Programming Avenue. O 3 Cost Funding Plan vOi O Planning/ Other $ - Local External, Secured Unsecured Total rn Preliminary Engineering $ 100,000 - - 600,000 600,000 c N Right of Way $ - IqI N Construction $ 500,000 c N Total $ 600,000 d H C O E t v to Q Packet Pg. 46 6.A.a 1 1 • Kent TIP - Project • • ,, � , SE 248th Street Improvements - 104th Avenue SE to 109th Avenue SE Project Name SE 248th Street Improvements- 104th Avenue SE to 109th Avenue SE Project Number 23-44 O r Location SE 248th Street from 104th Avenue SE to 109th Avenue SE Year 2027 I.- 0 Improvements on SE 248th Street between 104th Avenue SE and 109th Avenue SE.The TMP calls for a y Level of Transportation Stress 1 facility (LTS-1)on this segment of SE 248th Street.This segment will Description i Status Programming !anclude 3 lanes with one being a center turn lane, bike facility, and afive-foot landscape buffer between � each sidewalk and the street. N O N Cost Funding Plan N Planning/Other $ - Local External, Secured Unsecured Total N Preliminary Engineering $ 600,000 - - 7,600,000 7,600,000 t Right of Way $ 300,000 Construction $ 6,700,000 Q. O Total $ 7,600,000 Q C O SE 248th Street Improvements - 109th Avenue SE to 116th Avenue SE Project Name SE 248th Street Improvements- 109th Avenue SE to 116th Avenue SE Project Number 23-45 O N d Location SE 248th Street from 109th Avenue SE to 116th Avenue SE Year 2027 W 00 Improvements on SE 248th Street between 109th Avenue SE and 116th Avenue SE.The TMP calls for a Level of Transportation Stress 1 facility (LTS-1)on this segment of SE 248th Street.This segment will Description include 3 lanes with one being a center turn lane, bike facility,and a five-foot landscape buffer between Status Programming C each sidewalk and the street. O Cost Funding Plan vOi O Planning/ Other $ - Local External, Secured Unsecured Total rn Preliminary Engineering $ 600,000 - - 9,200,000 9,200,000 c N Right of Way $ 300,000 IqI N Construction $ 8,300,000 c N Total $ 9,200,000 d H C O E t v to Q Packet Pg. 47 6.A.a 1 1 • Kent TIP - Project • • PF ,, � , E Willis Street (SR 516) and Central Avenue S (SR 516) Intersection Improvements Project Name E Willis Street(SR 516)and Central Avenue S (SR 516)Intersection Improvements Project Number 23-46 O r Location E Willis Street(SR 516)and Central Avenue S (SR 516)Intersection Year 2027 I.- 0 Improve the intersection of E Willis Street and Central Avenue S to provide a right turn lane from a southbound on Central Avenue South to westbound E Willis Street, Project includes sidewalk, curb and Description gutter replacement and improvements to traffic signal system. Although there are no bicycle facilities Status Programming planned at the E Willis Street and Central Avenue S intersection,this project must be assessed with respect to complete streets requirements. N O N Cost Funding Plan N Planning/Other $ - Local External, Secured Unsecured Total c N Preliminary Engineering $ 100,000 168,000 - 582,000 750,000 t Right of Way $ 200,000 Construction $ 450,000 O Total $ 750,000 Q C O Adaptive Signals and Transit Signal Priority Project Name Adaptive Signals and Transit Signal Priority Project Number 23-47 O d Location Approximately 13 signalized intersections serving transit Year 2027 00 u7 W) Implement an adaptive signals and transit signal priority in the City core to improve speed and reliability Description for transit, movement of goods and people that dynamically adapts to conditions. Status Programming C O 3 Cost Funding Plan O Planning/ Other $ - Local External, Secured Unsecured Total rn Preliminary Engineering $ 150,000 - - 1,780,000 1,780,000 c N Right of Way $ - IqI N Construction $ 1,630,000 c N Total $ 1,780,000 d H C O E t v fC Q Packet Pg. 48 6.A.a 1 1 • Kent TIP - Project • • Midway Subarea TOD Streets - S 244th Street and 32nd Avenue S Project Name Midway Subarea TOD Streets-S 244th Street and 32nd Avenue S Project Number 23-48 O r Location S 244th Street and 32nd Avenue S, approximately. Year 2027 I.- 0 Q Construct non-motorized trail connections in the Midway area near the future Kent-Des Moines light rail Description station along the general alignments of 32nd Ave S and S 244th Street.This is part of TMP projects D-6 Status Programming and D-5. H N O N Cost Funding Plan N Planning/Other $ - Local External, Secured Unsecured Total c N Preliminary Engineering $ 400,000 - - 4,100,000 4,100,000 t Right of Way $ 700,000 Construction $ 3,000,000 Q. O Total $ 4,100,000 Q C O 132nd Avenue SE Pedestrian Improvements (Phase 4) - SE 228th Street to SE 240th Street Project Name 132nd Avenue SE Pedestrian Improvements(Phase 4) -SE 228th Street to SE 240th Street Project Number 23-49 O d Location From SE 228th Street to SE 240th Street Year 2028 W 00 A continuous pedestrian facility will be constructed along the west side of 132nd Avenue SE from SE 240th street to SE 228th Place, Sidewalk treatments will include a combination of asphalt path,concrete sidewalk, Description and curb separated sidewalk adjacent to the roadway where appropriate.This project continues Phase I Status Programming C and Phase II improvements funded by TIB grants awarded in 2016 and 2017. O Cost Funding Plan vOi O Planning/ Other $ - Local External, Secured Unsecured Total rn Preliminary Engineering $ 200,000 - - 1,320,000 1,320,000 c N Right of Way $ - IqI N Construction $ 1,120,000 c N Total $ 1,320,000 d H C O E t v to Q Packet Pg. 49 6.A.a 1 1 • Kent TIP - Project • • ,, : , Southeast 248th Street at 116th Ave SE Roundabout Project Name Southeast 248th Street at 116th Ave SE Roundabout Project Number 23-50 O r Location SE 248th Street at 116th Avenue SE Year 2028 I.- 0 Construct a roundabout at SE 248th Street and 116th Avenue SE for capacity and traffic safety y improvements.This project must be assessed with respect to Complete Streets requirements.The TMP Description Status Programming calls for a Level of Transportation Stress(LTS 1) bicycle facility to the east and west of this intersection on SE 248th Street. N O N Cost Funding Plan N Planning/Other $ - Local External, Secured Unsecured Total c N Preliminary Engineering $ 400,000 - - 4,100,000 4,100,000 t Right of Way $ 700,000 Construction $ 3,000,000 Q. O Total $ 4,100,000 Q C O Reith Road Shared Use Path _O Project Name Reith Road Shared Use Path Project Number 24-01 O d Location Reith Road from S 253rd to Fenwick Park Year 2027 W 00 V) M Description Design and construct a shared use path from S 253rd Street to Fenwick Park. Status Programming C O 3 Cost Funding Plan vOi O Planning/ Other $ - Local External, Secured Unsecured Total rn Preliminary Engineering $ 200,000 - - 2,730,000 2,730,000 c N Right of Way $ 60,000 IqI N Construction $ 2,470,000 c N Total $ 2,730,000 d H C O E t v to Q Packet P977. 507] 6.A.a 1 1 • Kent TIP - Project • • James Street- Road Diet Study Project Name James Street- Road Diet Study Project Number 24-02 O r Location James Street Between Washignton Avenue N and 4th Avenue N Year 2024 O O N Description Conduct a traffic study to support a potential road diet(4 to 3 lanes)that would complete the bicycle Status Programming network gap between Washington Avenue and the Interurban trail. N O N Cost Funding Plan IV N Planning/Other $ 28,000 Local External, Secured Unsecured Total N Preliminary Engineering $ - 28,000 - - 28,000 s al Right of Way $ - E Construction $ - Q. O Total $ 28,000 Q C O Earth Works Park to Downtown Connection Project Name Earth Works Park to Downtown Connection Project Number 24-03 O d Location Various Streets Year 2027 00 u7 W) Improve multimodal connection between Earthworks Park and Downtown. May include two-way cycle Description tracks or similar street conversion that provides a complete multimodal street. Status Programming C O r 7 Cost Funding Plan vOi d Planning/ Other $ - Local External, Secured Unsecured Total rn Preliminary Engineering $ 150,000 - - 1,090,000 1,090,000 c N Right of Way $ - IqI N Construction $ 940,000 c N Total $ 1,090,000 d H C d E t U fC Q Packet P977. 517] 6.A.a 1 1 • Kent TIP - Project • • 32nd Avenue S Project Name 32nd Avenue S Project Number 24-04 O r Location 32nd Avenue S from S 236th to S 240th St Year 2029 r O Q y Construct new street from S 236th to S 240th St with sidewalks on both sides. Project is anticipated to be r- Description constructed through private development. Status Programming R H N O N Cost Funding Plan N Planning/Other $ - Local External, Secured Unsecured Total N Preliminary Engineering $ 800,000 - - 10,500,000 10,500,000 t �1 Right of Way $ Construction $ 9,700,000 Q. O Total $ 10,500,000 Q C O E Canyon Drive (SR516)/SE 256th Street at 104th Avenue SE - Intersection Study and Design Project Name E Canyon Drive(SR516)/SE 256th Street at 104th Avenue SE-Intersection Study and Design Project Number 24-05 FM d Location E Canyon Drive(SR516)/SE 256th Street at 104th Avenue SE/SE Kent-Kangley Rd Year 2027 W O u7 Conduct an Intersection Study including Alternatives Analysis and Preliminary Engineering for M Description improvements to the intersections of E Canyon Drive (SR516)/SE 256th Street at 104th Avenue SE/SE Status Programming Kent-Kangley Rd and SE256th Street at SE Kent-Kangley Rd. r- 3 Cost Funding Plan vOi O Planning/ Other $ - Local External, Secured Unsecured Total rn Preliminary Engineering $ 840,000 - - 840,000 840,000 c N Right of Way $ - IqI N Construction $ O- N Total $ 840,000 d H C O E t v to Q Packet P977. 527] 6.A.a 1 1 • Kent TIP - Project • • 132nd Avenue SE - Crossing Enhancements Project Name 132nd Avenue SE-Crossing Enhancements Project Number 24-06 O r Location Between SE 214th Way and SE 224th Street Year 2027 I.- 0 Q to Construct improved crossing enhancements at two locations between SE 214th Way and SE 224th Street, Description Status Programming !ato connect with walking path improvements. � N O N Cost Funding Plan N Planning/Other $ - Local External, Secured Unsecured Total c N Preliminary Engineering $ 75,000 - - 575,000 575,000 (D �1 Right of Way $ - � Construction $ 500,000 Q. O Total $ 575,000 Q C O Interurban Trail Crossing Improvements Project Name Interurban Trail Crossing Improvements Project Number 24-07 O N d Location James Street, S 212th Street, S 259th Street, and Smith Street. Year 2025 W 00 Construct improved crossing enhancements at four locations along the Interurban Trail. 1) Rebuild the V) traffic signal and provide crossing improvements at James Street. 2) Install crossing improvements at 5 Description 212th Street. 3)Install an RRFB on S 259th Street. 4)And install crossing improvements and convert the Status In design C pedestrian traffic signal to an RRFB at Smith Street. O Cost Funding Plan vOi O Planning/ Other $ - Local External, Secured Unsecured Total M M Preliminary Engineering $ 150,000 - 2,000,000 - 2,000,000 c N Right of Way $ - IqI N Construction $ 1,850,000 c N Total $ 2,000,000 d H C O E t v fC Q Packet P977. 537] 6.A.a 1 1 • Kent TIP - Project • • r : , SR 509 Completion Project- Stage 2, Local contribution Project Name SR 509 Completion Project-Stage 2, Local contribution Project Number 24-08 O r Location From Kent Des Moines Road to S 272nd Street Year 2027 O O Construction of auxilliary lane on Southbound SR 509/I-5. Part of Stage 2 construction improvements of Description the SR 509 Completion project,and a phase of the SR 167/SR 509 Puget Sound Gateway project.Total Status Design project costs for all phases are$2.713n. Construction is anticipated between 2024 and 2028. H N O N Cost Funding Plan IV N Planning/Other $ - Local External, Secured Unsecured Total N Preliminary Engineering $ - 1,000,000 - - 1,000,000 s al Right of Way $ Construction $ 1,000,000 Q. O Total $ 1,000,000 Q C O O N d 00 u7 M C O r O N d CD N O N I N O N a c m E U Q Packet P977. 547] 6.A.a 1 1 • Kent TIP - Project • • F : , S 248th Street Walking Path Project Name S 248th Street Walking Path Project Number 24-21 O r Location S 248th street from 124th Avenue SE to approximately 950'east of 124th Avenue SE Year 2024 O O N Description Construct an all-weather walking path on the south side of the street from 124th Avenue SE to Martin Sortun Elementary School. Status In Design I— N O N Cost Funding Plan IV N Planning/Other $ - Local External, Secured Unsecured Total N Preliminary Engineering $ 20,000 230,000 - - 230,000 s al Right of Way $ - E Construction $ 210,000 Q. O Total $ 230,000 Q C O SE 259th Shared Use Path +� Project Name SE 259th Shared Use Path Project Number 24-22 O d Location S 259th St between 5th Ave S and 1st Ave S Year 2024 W 00 u7 W) S 259th St-Construct a new trail segment from 5th Ave S to 1st Ave S.This segment of shared use path Description is being constructed as part of the Milwaukee II levee project,funded by others. Status In Design C O r 7 Cost Funding Plan vOi d Planning/ Other $ - Local External, Secured Unsecured Total W rn Preliminary Engineering $ 100,000 - 1,000,000 - 1,000,000 c N Right of Way $ - IqI N Construction $ 900,000 c N a Total $ - � c d E t U R Q Packet P977. 557] 6.A.a 1 1 • Kent TIP - Project • • PF ,, � , 64th Avenue S and S 236th Street Intersection Improvements Project Name 64th Avenue S and S 236th Street Intersection Improvements Project Number 24-71 O r Location 64th Avenue S at S 236th Street Year 2027 O O N Construct a compact roundabout with enhanced pedestrian crossings adjacent to Neely O'Brien Elementary Description Status Programming School.This is a potential Safe Routes to School funding -candidate project. � N O N Cost Funding Plan IV N Planning/Other $ - Local External, Secured Unsecured Total N Preliminary Engineering $ 210,000 - - 2,160,000 2,160,000 CD Right of Way $ 50,000 Construction $ 1,900,000 Q. O Total $ 2,160,000 Q C O O N d 00 u7 c) C O r O N d N O N I N O N a c m E M U Q Packet P977. 567] 6.A.a 1 1 • Kent TIP - Project • • ,, � , Street and Sidewalk Preservation and Repair Project Name Street and Sidewalk Preservation and Repair Project Number 24-10 O r Location Citywide Year Ongoing O O Preserve the existing transportation system by resurfacing the existing asphalt and concrete streets Description throughout the City. Reconstruct sidewalks as related to curb ramp upgrades consistent with ADA.The Status Ongoing project limits must be assessed in accordance with complete streets requirements. I— N O N Cost Funding Plan IT N Planning/Other $ - Local External, Secured Unsecured Total N Preliminary Engineering $ 18,000,000 41,900,000 - 86,600,000 128,500,000 s a+ Right of Way $ 1,300,000 C Construction $ 109,200,000 Q. O Total $ 128,500,000 Q C O O N d 00 u7 M C O r O N d CD N O N I N O N a c m E M U Q Packet P977. 577] 6.A.a 1 1 • Kent TIP - Project • • ,, 4 , S 196th Street Preservation Project Name S 196th Street Preservation Project Number 24-11 O r Location 2000 ft. West of 68th Avenue(SR 181)to East Valley Highway(84th Avenue S). Year 2027 r Project includes grinding, replacement of failing pavement sections,and full-width asphalt concrete pavement O Q overlay of the roadway's non-concrete segments from 2000 ft west of 68th Avenue(SR 181)to East Valley tp Highway(84th Avenue S). Remove failing asphalt pavement and replace with portland cement concrete Description Status Programming pavement. Curb ramps and pedestrian push buttons will be assessed for improvment to meet ADA standards. This project will also remove failing asphalt pavement and replace it with portland cement concrete pavement in intersections aooroaches. cV 0 N Cost Funding Plan N Planning/Other $ - Local External, Secured Unsecured Total c N Preliminary Engineering $ 200,000 2,300,000 - 1,500,000 3,800,000 t �1 Right of Way $ - � Construction $ 3,600,000 Q. O Total $ 3,800,000 Q C O S 228th Street Preservation Project Name S 228th Street Preservation Project Number 24-12 O d Location Green River Bridge to the Interurban Trail. Year 2029 W 00 Project includes grinding,replacement of failing pavement sections,and full-width asphalt concrete pavement u7 overlay of the roadway's non-concrete segments from the Green River Bridge to the Interurban Trail. Remove M Description failing asphalt pavement and replace with portland cement concrete pavement. Curb ramps and pedestrian Status Programming push buttons will be assessed for improvment to meet ADA standards.This project will also remove failing asphalt pavement and replace it with portland cement concrete pavement in intersections approaches. }, 3 Cost Funding Plan O Planning/ Other $ - Local External, Secured Unsecured Total rn Preliminary Engineering $ 200,000 2,700,000 - 1,500,000 4,200,000 c N Right of Way $ - IqI N Construction $ 4,000,000 c N Total $ 4,200,000 d H C O E t v to Q Packet P977. 587] 6.A.a 1 1 • Kent TIP - Project • • Traffic Signal Management Program Project Name Traffic Signal Management Program Project Number 24-40 O r Location Various Year Ongoing r O Q Preserve the existing traffic control signal and intelligent transportation systems through preventative Description maintenance and lifecycle hardware replacement, Review and adjust traffic signal timing to optimize Status Ongoing intersection efficiency. H N O N Cost Funding Plan N Planning/Other $ - Local External, Secured Unsecured Total N Preliminary Engineering $ 726,000 3,800,000 - 1,282,000 5,082,000 t �1 Right of Way $ Construction $ 4,356,000 Q. O Total $ 5,082,000 Q C O Channelization and Pavement Markings Maintenance Project Name Channelization and Pavement Markings Maintenance Project Number 24-41 O N d Location Various Year Ongoing 00 u7 Refresh and replace pavement markings including paint,thermoplastic,and raised pavement markers M Description throughout the City to separate and regulate conflicting traffic movements, define paths of travel, and Status Ongoing facilitate safe and orderly movement on City streets. Cost Funding Plan vOi O Planning/ Other $ - Local External, Secured Unsecured Total rn Preliminary Engineering $ 872,000 2,575,000 - 3,234,000 5,809,000 c N Right of Way $ - IqI N Construction $ 4,937,000 c N Total $ 5,809,000 d H C O E t v to Q Packet P977. 597] 6.A.a 1 1 • Kent TIP - Project • • ,, City Safety Program Project Name City Safety Program Project Number 24-90 O r Location Citywide Year Ongoing r O Q to Make various safety improvements throughout the City each year to enhance safety for all road users. Description Status Ongoing Projects include recommendations from the Local Road Safety Plan and multiple prioritized locations. � N O N Cost Funding Plan N Planning/Other $ - Local External, Secured Unsecured Total N Preliminary Engineering $ 492,000 720,000 750,000 2,550,000 4,020,000 t �1 Right of Way $ - � Construction $ 3,528,000 Q. O Total $ 4,020,000 Q C O Willis Street Road Diet and Enhanced Crossing at 2nd Avenue S Project Name Willis Street Road Diet and Enhanced Crossing at 2nd Avenue S Project Number 24-91 O d Location Willis Street between 2nd Avenue and Central Avenue Year 2025 00 u7 W) Convert the existing 4-lane section to 3 lanes plus barrier curb by converting the inside westbound lane to Description a median refuge with RRFB-enhanced pedestrian crossing at 2nd Ave S. Status In Design C O 3 Cost Funding Plan vOi O Planning/ Other $ 8,000 Local External, Secured Unsecured Total rn Preliminary Engineering $ 132,000 307,000 683,000 - 990,000 c N Right of Way $ - IqI N Construction $ 850,000 c N Total $ 990,000 d H C O E t v to Q Packet P977. 607] 6.A.a 1 1 • Kent TIP - Project • • PF ,, � , 108th Ave SE &SE 264th St- Compact Roundabout Project Name 108th Ave SE&SE 264th St-Compact Roundabout Project Number 24-92 O r Location 108th Ave SE&SE 264th St Year 2024 O O N Construct compact roundabout,associated ADA and utility work, and pavement parkings and signage Description Status Ongoing removal/relocation/replacement as needed. � N O N Cost Funding Plan IV N Planning/Other $ - Local External, Secured Unsecured Total N Preliminary Engineering $ 150,000 45,000 1,609,000 - 1,654,000 CD Right of Way $ 45,000 Construction $ 1,459,000 Q. O Total $ 1,654,000 Q C O 104th Avenue RRFB-enhanced crosswalks Project Name 104th Avenue RRFB-enhanced crosswalks Project Number 24-93 O d Location Various Year 2024 W 00 Ln Install an RRFB enhanced crosswalk with median refuge island at two locations on 104th Avenue SE- near W) Cl) Description the 23800 block and between SE 244th Street and SE 248th Street.This project is part of the 2023 Status In Design Highway Safety Improvement Program. 0 r Cost Funding Plan vOi d Planning/ Other $ - Local External, Secured Unsecured Total W rn Preliminary Engineering $ 168,000 - 807,000 - 807,000 c N Right of Way $ - IqI N Construction $ 639,000 c N Total $ 807,000 d H C d E t U M Q Packet Pg. 61 6.A.a 1 1 • Kent TIP - Project • • 2025 Local Road Safety Plan and Safe Streets and Roads for All Action Plan Project Name 2025 Local Road Safety Plan and Safe Streets and Roads for All Action Plan Project Number 23-35 O r Location Various Year 2025 O O Plan for, prioritize,and make various safety improvements in specific locations and safety improvements Q- systemically throughout the City to enhance safety for all road users.Apply safety countermeasures identified in Description the Kent Local Road Safety Plan (LRSP)in a single prioritized location with multiple risk factors(Spot Location Status Programming Improvements)and/or in multiple prioritized locations with similar risk factors(Systematic Improvements).This H project includes expanding the LRSP into a Safe Streets and Roads For All Federal program-qualifying action plan. N G N Cost Funding Plan 4 N Planning/Other $ 320,000 Local External, Secured Unsecured Total N Preliminary Engineering $ 200,000 118,000 472,000 830,000 1,420,000 CD Right of Way $ 100,000 Construction $ 800,000 Q. O Total $ 1,420,000 Q C O O N d 00 u7 L0 rM C O r O N d CD N O N I N O N a c m E M U M Q Packet P977. 627] 6.A.a 1 1 • Kent TIP - Project • • Local Road Safety Plan - 2027 Highway Safety Improvement Program Project Name Local Road Safety Plan -2027 Highway Safety Improvement Program Project Number 24-94 O r Location Various Year 2027 O O Make various safety improvements in specific locations and safety improvements systemically throughout y the City each year to enhance safety for all road users. Apply safety countermeasures identified in the Kent Description Status Programming Local Road Safety Plan (LRSP) in a single prioritized location with multiple risk factors(Spot Location � Improvements)and/or in multiple prioritized locations with similar risk factors(Systematic Improvements). N O N Cost Funding Plan IV N Planning/Other $ - Local External, Secured Unsecured Total N Preliminary Engineering $ 120,000 - - 1,050,000 1,050,000 s Right of Way $ 50,000 Construction $ 880,000 Q. O Total $ 1,050,000 Q C O O N d 00 u7 M C O r O N d CD N O N I N O N IL c m E U Q Packet P977. 637] 6.A.a 1 1 • Kent TIP - Project • • ,, � , Central Avenue Plan Project Name Central Avenue Plan Project Number 23-P1 O r Location Year2028 O O The City will complete a study of Central Avenue from SR-167 to Willis Street to develop a vision for the Description future of the corridor.The study will look at transportation needs, including bike and pedestrian needs to Status Programming promote economic development based in future land use. I— N O N Cost Funding Plan IV N Planning/Other $ 600,000 Local External, Secured Unsecured Total N Preliminary Engineering $ 125,000 - - 725,000 725,000 CD Right of Way $ - al� Construction $ - Q. O Total $ 725,000 Q C O Greenways Plan Project Name Greenways Plan Project Number 23-P2 O d Location Citywide Year 2028 W 00 LID W) The Greenways Plan is a citywide plan to create bike boulevard and greenway routes on local and low- Description volume streets with signage, markings and traffic calming strategies as needed. Status Programming C O r 7 Cost Funding Plan vOi d Planning/ Other $ 600,000 Local External, Secured Unsecured Total rn Preliminary Engineering $ 125,000 - - 725,000 725,000 c N Right of Way $ - IqI N Construction $ O- N Total $ 725,000 d H C d E t U fC Q Packet P977. 647] Sunset View � a> ' Q ■ Condo rb y 9` Q ' _ : - Figure 1 ■ 2024-20 09 P Y ft StyHarbduCW- ~ .32 s rn Apts l �,Yalgreens ; Veterans Dr ^ SIX-Year TIP Projects Pinebrook �� Russell Woods > S 232nd St Terrace P ` ' Midway ' .2� f Park 24-12 N in the West Hill/ ¢ � S dview 299 3-14 ith Holland The Hidden ,Gardens � De ` Harbor HouseMidway Subarea Goow O � O_/ _ v Holly Creek ^ �■ ■♦ a L, 23-25 Q Judson Park > Apts u) ♦ s� � Project numbers and information refer to Retirement KB R1tcR1n And ° ♦ �P�� 24-71 details in the 2024-2029 Six-Year Home 13,1h Q ) i The Newport Apts o F Transportation Improvement Program. 0 L. Highline C.C. 99 � a Hudson Ridge ` ' 24-04 r +� 1= �� Legend Zenith 795ft 5 240th St ,� �� > ��on L, South Des r Midway �� j �•>°th St wJ P > Moines v v I & 5 23-05 i — �- S 242nd St L a c ` — City Limits 0 Y S� Irar 7 Qek ' Russell Road KENT O O t ....» O N N Commolity 23-48 C Par k +. S 244th St S 244th St Housiii M�jN1a� TIP Project Type r Ln ` , 23-01 0 N S 244th PI victories Iola+ 23-48 O Capacity & Intelligent Transportation Syster 0 W L 3 > > I� C v ¢ ¢ Riverbend Golf O Preservation and Resilience > L y ' D Ke ` "rr Complex 23-06 23-10 v �, ¢ 23-25 O Mlultimodal Street N sMarcus Natic._ �__.d 212 Q Non-motorized Q Sonju Park Whitman ' Armory 402N Qs�� e�eC St Q N Y r mk.",nw.w J 99 v A �e 09 Q ►2�3-11 s O Safety o Ln v 23-21_• ' , Capacity & Intelligent Transportation Systems 4 S 250th St ' S 250th St 387 ° > `r st ParkS 251 st St a S 250th St ¢ 23-11 '00 ' 516 Preservation and Resilience +' vi ' S 251 st St 42 ft'a 0) v v N Old Fishing Mullen Slough , O ¢> ` — m Hole Park 1 Natural Area Multimodal Street Q ~ I� Non-motorized O t me: St S 252nd St S L v L r J�' ���` Safety Q m 23-11 1 �4` o S , Ll o v '3 v a O 'JC Marbl�Expo In T Q v , ° N e ¢> m 24-01 ^ I 3 ' 0 0.25 0.5 Miles v Saddlebrook ¢ — ` i c o v Apts , y = v Q °4 o , 00 g Q , vi N " West Fenwic ` L a 23-22 Park Q I Subarea Boundary 0 Chevy �. p West Hill and Midway c 5tati,h `' 23-09 509 S 260th St � F m ,Viva M ico I 0N S161stIol > , n Lake Fenwick ¢ S 261 st PI S 261 st St v Park 3 N S 261na PI v ( S 262nd St D r — 7 I G t a>, j( dS� v NI C `Noodmon S 263t c Hanwo`ri N S 264th PI Missn e — � L — iJ o N Chich ' d H Woodmont Park v N C v w, This map is intended as a graphic aid only,and is not a legal document. y U > 436 ft Baby IV g City Of Kent makes no representation or warranty as to its accuracy, E > ¢ 420 ft ,,L placement or location of any map features thereon. The City Of Kent t Seacoma I disclaims,and shall not be held liable for any and all damage,loss,or V Ln ME Trailer ar S 268th St�, N ° liability, whether direct,indirect or consequential which arises or may a, > > ° ♦ = 23-25 �36 ft from this product or use thereof by any person or entity. Q ¢ ¢ Ln L ¢ ' s 3 Under 23 U.S. Code§148 and 23 U.S. Code§409,safety data,reports, N St Ln arbuc S 270th St > s surveys,schedules,lists compiled or collected for the purpose of identify Coffe evaluating,or planning the safety enhancement of potential crash sites, E-sri,NASA,NGA,USGS, FEMA, Esri Communi>y Mapsstontritra:tors,King County,WA State Parks GIS,Esri,HERE,Garmin, ont hazardous roadway conditions,or railway-highway crossings are not subj., S 272nd St ` so 1p M S'-iiiiiiir 11Gt SafeGraph,GeoTechnologies, Inc,MITI/NA5&USGS�Bureau of Land Management, EPA, NPS,US Census Bureau,USDA to discovery or admitted into evidence in a Federal or state court ~ — — "M �a — — — — — — 4 — — — Erg �Tu — proceeding or considered for other purposes in an�action for d ma Kingdom Hall arising from any occurrence at a location mention packet Pg. 65 reports,surveys,schedules,lists,or data. 167 Figure 2: 2024-2 \(eterans Dr Russell vi 23-08 Y Woods > � v / p a Park 24-,1,2 L < Six-Year TIP Projectr- ,7 view) `23 14 299 ft v CO in the Downtown v 51 47 fr C 00 N L v �o -S� 23-09 Subarea o �he Q 24-71 181 �3aft o Q z z K ntMemorial v Project numbers and information refer to o F 67 Park z details in the 2024-2029 Six-Year M 2404 +?� s z3stn St M 04Soun 23 os Q Transportation Improvement Program. a ' 23-47 23 27 a, Mld~ay �� t 23=051oth St W James St 4(=24=02� 23=39ra23 38 ��23 47 E ames St E j23'20 2-1 J o z >Or > v O 23-48 7 `eek ' ` Russell Road • ¢ >KPnM11 23-01 Park o Went Statics.23 07 E Tem^te07 r=nce St E C - � L 2327 23-47 23-37 23-47 23 O � � J � w W Smith St Jr • 23-2^7 516 Riverbend Golf 23 06 23-30 23-43 23-39 O` 23-10 23-25 1 ✓v Har )n St Kent Arm 23-25 Complex a 23-07 5160. rD National Guard P _ �23�1F2�4�r23s40�s 3'09�� t23-27Ke M�l�wMeeke�st Legend C r Armory s�A St Q t 23-13 23-26 rat 2 1n 24-02 — > < s 23-11 23 28 > m rn 23Ln -2 -21 _ Q 6 _ i City Limits ��"_. o sKENT > v 23-1 ~ , 23 S fleet v 24-91Y 23 46 �P W., ,.a S 250th St -a 40 ' 42ft 516 516 ki fD E Guiberson St TIP Pro eCt T e o Y L N Old Fishing Mullen Slough greenbelt �24 91 23-07 v, ] Type N n ° Hole Park ` Natural Area , _ (r a M Q I '�d N Q E Seattle St O Capacity & Intelligent Transportation Syster " I y w v E Chicago St O 'reservation and Resilience I�I 00 23-11 w ' ' w a v ++ > m a E Laurel St O Mlultlmodal Street r J T 1 H I > rD L N a Q O Non-motorized a rD v M :224 0l COF Z , ' - Q Safety o 7 , It E Walnut St — Capacity & Intelligent Transportation Systems West Fenwi ' ` ' > U O 23-22 Park a S r`D E Maple Preservation and Resilience rn o ' 'a L' 23 09 2;3ytn Hill -07 Multimodal Street � 2422 � St crest H ` , ' 'Park Non-motorized LO V) Lake Fenwick ' ' , / 1 L Safety > Park ' , O Q Horsehead S 262nd St a ' 7 ' 1 S 262A St , Bend Natural S 263CaS' ,n 'A , Area N \ ' ' Y — 23-07 ' N u, Cn f Subarea BoundaryI �436 ft �420 ftnaby�dL �� ' t t 3 0 Downtown N S 268th St N , v This map is intended as a graphic aid only, and is not a legal (L S t 23-25 0 36 ft 0, document. The City Of Kent makes no representation or warranty< H � QJ A n aft �a its accuracy,placement or location of any map features thereon. T a , s > a m z City Of Kent disclaims, and shall not be held liable for any and all O S 270th St t s a o v c Q ♦ o damage, loss, or liability, whether direct, indirect, or consequential rn A� which arises or may arise from this product or use thereof by any s M -C 1 1P ' person or entity. ' J m v 0. Under23 U.S. Code§148 and 23 U.S. Code§409,safety data, Q < 3 reports,surveys,schedules, lists compiled or collected for the pure S 273rd PI A urces:Esri,Airbus DS,USGS,NGA,NASA,CGIARI Robinson,NCEAS, NLS,OS,AMA,Geodatastyrelsen,Rijkswaterstaat, of identifying, evaluating,or planning the safety enhancement of IGSA,Geoland,FEMA,Intermap and the GIS user Lmmunity,Esri Community Me ps Contributors, King County,WA State Potential crash sites, hazardous roadway conditions, railway- highway crossings are not subject to discovery or admitted into Star P ks GIS,Esri,HERE,Garmin,SafeGraph,GeoTechniogies,Inc, METI/NASA,USGS, Bureau of Land Management,EPA, NPS, evidence in a Federal or State court proceeding or considered for other U Lak6.28 55 Miles US Census Bureau,USDA purposes in any action for damages arising from any occurrence at a 5 Star LR I Rd S Star Lake po ' ' lists, medatntioned or addressed in such repo Packet Pg. 66 vi S 277th St ` � �/ 41 ft s - - - - - - - - - - - -� Figure 3 : 2024-20 6.A.a spri b Six-Year TIP Projects ^Q' Greenbelt N in the Manufacturing, o Industrial Center �- ' - vi v o S 188th St > %_ > QJ > ~ Subarea Q SeaTac ` 1 a ¢ ' •� _ _ — — _ _ _ - - - - Project numbers and information refer to details in the 2024-2029 Six-Year c S 192nd St ` Q, �_' Transportation Improvement Program. a` �s I Y C m low ' � , a) 5 194th St O An gle , Lake Q' 29 ft O > 24-11 � ' L c o N Q S 200th St S 200th St � �a 10 Legend N 3 a > \� CN , J D O The Boeing D I City Limits Company ¢S 204th St )> ¢ NT N/ o' 23-15 a, TIP Project Type QJ c °' Capacity & Intelligent Transportation Syster T S 208th St �. , S 208th St N0. Preservation and Resilience o s zosrh sr _0 = Valley Floor L Multimodal Street a Community 23-41 a Park ° rn > • Non-motorized o * ' y I +' ` , O Safety ' S 21 th St O'Br en 167 r°n 23�42 — Capacity & Intelligent Transportation Systems 0 rw .. 484 ft Preservation and Resilience 00 s 216th St _ Multimodal Street 1 r L/) S 216th St S 216th St Non-motorized Q / 23-3 i Safety 41 Green River -E C 1 Natural 23 d Resources Area S 220th st n , N r Ln 23-17 C4I L — — — s zz4th St i/, Subarea Boundary N 23-20 23-19 v S 226th St 0 Downtown a H Grandview 4.; Off-Leash Dog! This map is intended as a graphic aid only,and is not a legal document. d Park 23-32 City Of Kent makes no representation or warranty as to its accuracy, E placement or location of any map features thereon. The City Of Kent disclaims,and shall not be held liable for any and all damage,loss,or v r �+ liability, whether direct,indirect or consequential which arises or may al r rr 'A from this product or use thereof by any person or entity. ` < t veterans Dr 24-12; z Q Russell Woo ¢ > 23-08 v Under 23 U.S. Code§148 and 23 U.S.Code§409,safety data,reports, Park s ^ ¢ > surveys,schedules,lists compiled or collected for the purpose of identify v -r evaluating,or planning the safety enhancement of potential crash sites, ' 23-14 InEsri,NASA, NQ� ,USGS,FEMA, King ourl�y,WA Je�9 IS, Esri, HER rmin,Safelaph,GeoTechnologies, Inc,METI/ hazardous roadway conditions,orrailway-highway crossings are not sub,-__ L { ` Y NAS ,USGS, Bu au of Lan nagement, 0A,NPS,US Census Bureau,USDA to discovery or admitted into evidence in a Federal or State court 0 0.15 0.5 Miles 23- 1 proceeding or considered for other purposes in any action for damages - ` p arising from any occurrence at a location mention packet P 67 reports,surveys,schedules,lists,or data. g' 23-07 - Figure 4: 2024-20 6.A.a SE192ndst Ww M� W � ,�„��� SE192ndSt 192r Six-Year TIP Projects � � 7 ' N in the East Hill - Nort —r24-, '1 ' ' SE 196th St , Subarea �- , O ' Project numbers and information refer to E 23-07 4 details In the 2024-2029 Six-Year N Transportation Improvement Program. a > w ¢ Ln D Panther > v Lake / ; ¢ d > c E¢ ¢ 23-29 N > y 23-15 � SE 204th St O N , O W E 1= r_ 23-07 w 1 V S 208th St SE 208th St L % SE 208th St pLn 7 y N w v Legend �� O'Br en 167 Q L ' N _ I o a 1 N _ City Limits N ' KENT o w�s�.�orow N s 216th st 23-07 m w 1 TIP Project Type 23-31 Q� - � C3 I N SE 216th St Q a W � Capacity & Intelligent Transportation Syster c .23-23 �/ ° I a> `� Preservation and Resilience o Multimodal Street a Non-motorized o O Safety ' > SE 2215CSt 23-25 1 —Capacity & Intelligent Transportation Systems ayi ¢ 23-07 1 ` � Preservation and Resilience CD 0 CD 1 7 SE 224th St — Multimodal Street LO r 23-32 23-07 SE 225th S ' — Non-motorized Safety O J SE 227t -542 ft ' 7 h PI C L 1 d 0 0.25 0.5 Miles 23-08 " 515 North Meridian v'Li ` N 23-25 Park , N W , CI CO N Subarea Boundary o N 23-07 '� 0 Downtown 2 w 23-49 23�p 1 �� W �487 ft 7 This map is intended as a graphic aid only,and is not a legal document. > v v City Of Kent makes no representation or warranty as to its accuracy, 23-'19 L > m l placement or location of any map features thereon. The City Of Kent s 23-08 0 disclaims,and shall not be held liable for any and all damage,loss,or V o N ll ` liability, whether direct,indirect,or consequential which arises or may a, M 2�_oo w t from this product or use thereof by any person or entity. Q 23-47 13- J O8 r v23-39/ v `285 ft �— , Under 23 U.S. Code§148 and 23 U.S.Code§409,safety data,reports, E James St ¢ > Soyrcego€sr' ,Airbus IDS,lLGS,NGA,NASA,CGIAR,N Robinson,NCEAS,NL , , NMA,Geodatastyrelsen,Rijkswaterstaat, surveys,schedules,lists compiled or collected for the purpose of identify 23-38 a 23134 ¢ c 2�, *h ` evaluating,or planning the safety enhancement of potential crash sites, o v GSA,Geoland,F 'A,Interma and the GIS user community,Kin Courit3,WA State Parks US,Ern,HERE,Garmin, p y g y hazardous roadway conditions, or railway-highway crossings are not sub,___ 23-07 ° L SafeGraph,GeoTechnorogies, Inc,METI/NASA,USGS, Bureau of Land Manage�qent, EPA, NPS,US Census Bureau,USDA to discovery or admitted into evidence in a Federal or State court w proceeding or considered for other purposes in any action for dama es o LU L arising from any occurrence at a location mention packet P 6$ J a reports,surveys,schedules,lists,or data. g' Q > Figure 5 : 2024-20 m I\\ 23149 28 N 23-07 23-08 Six-Year TIP Projects • > SE 240th St Q. SE 240th St ` o N in the East Hill Sout o '> N Q CD`31w so Subarea _ � o w o c- C I> N N SE 244th St ¢ Q v 5� \ �\ Clark Lake Park s Project numbers and information refer tc 1 rn details in the 2024-2029 Six-Year Transportation Improvement Program. o 23-07 23-07 23-50 a a 23-44�2�3-45- �+�st —24.2,1- Meridian Valley Country Club d a 23 C47 3 m > rb M E 23-07 L 1 a 23-07 < M ut St Y�23-v4 �23-47 1 r 0. N SE 256th St\ SE 256t 23-08 ., L Ilcrest Burial Mill Creek ark Earthworks \ \ Legend re Park I 1 \ O � � 7 SE 26i th St tih _ i City Limits K NT 04 N 1 \ ` SE 26p N 1 24_92 ) ; r -� TIP Project Type 1 w \� • Capacity & Intelligent Transportation Systei c Ln r' 1 N I�Q \�( 516 Preservation and Resilience o ' 1 >> Lake ' Multimodal Street a A O , < �`D ° Meridian ' P �- Non-motorized o 00 L 7 O Safety o 447 ft n �qP� 1 SE 270th St — Capacity & Intelligent Transportation Systems 4) < o ^F� Lake Meridian W •23-fr 25 23-33°ark L � Preservation and Resilience 00 North Green n �r River Park ' J Multimodal Street � ' 0 SE 274th St Non-motorized C nth w Safety o r St sz� \ L/) 23-16Ln .�� r a O o QJ Cr 0 0.25 0.5 Miles N SE 278th St < i N ' O NIq 1 1 ■� �� Subarea Boundary o Mary Olson A 7 d Farm Ln SE 282nd St 18 0 Downtown 1 1 QJ > LThis map is intended as a graphic aid only,and is not a legal document. L J 1 City Of Kent makes no representation or warranty as to its accuracy, w 00 placement or location of any map features thereon. The City Of Kent Wn Service Club S 1 , Ln disclaims,and shall not be held liable for any and all damage,loss,or L)Community > liability, whether direct,indirect or consequential which arises or may a r < 1 Park j w < from this product or use thereof by any person or entity. Q 1W �MLI FEW i v Under 23 U.S. Code§148 and 23 U.S.Code§409,safety data,reports, Q surveys,schedules,lists compiled or collected for the purpose of identify 486 ft evaluating,or planning the safety enhancement of potential crash sites, 1 Es5/ SA,NGA,USGS, FEMA,King County,WA State Parks GIS, Esri, HERE,Garmin,SafeGraph,geoTechnologies,Inc,METI/ hazardous roadway conditions, or railway-highway crossings are not sub,___ 1 NASA,USGS, Bureau of Land Management,EPA, NPS,US Census Bureau,USDA to discovery or admitted into evidence in a Federal or State court 1 proceeding or considered for other purposes in any action for damages arising from any occurrence at a location mention packet P 69 B e rr d reports,surveys,schedules,lists,or data. g' 6.A.a City of Kent o Washington 2024-2029 Six-Year c Transportation Improvement Program y N O N IV N O N d t al _ W 0. O Q _ O O to For more information or copy of this document contact: David Paine,AICP, PTP ap City Transportation Planner -- LO City of Kent I Public Works-Transportation Engineering f\ M .n 400 West Gowe Street _ Kent,WA 98032-5895 _ PWTransportation@kentwa.gov 1 253-856-5600 r O _7 O to d O N O N I N O N a i= c m E M U Q Packet Pg. 70 6.6 KENT WASHINGTON DATE: May 16, 2023 TO: Kent City Council SUBJECT: Public Hearing on the Ordinances Amending KCC 13.01 and 14.01 - Building Codes - Adopt MOTION: I move to adopt Ordinance Nos. 4462 and 4463 amending various sections of Chapters 13.01 and 14.01 of the Kent City Code to adopt the 2021 editions of the International Building, Residential, Existing Building, Mechanical, Energy, Property Maintenance and Fire Codes, and the Uniform Plumbing Code, together with the City's local amendments to those codes as depicted in these ordinances, and to make other housekeeping amendments. SUMMARY: On July 1, 2023, the 2021 editions of the International Building, Residential, Existing Building, Mechanical, Energy, Property Maintenance, and Fire Cords, and the Uniform Plumbing Code, with statewide amendments, will replace the current 2018 editions of these codes statewide. Cities are required by law and the State Building Code Council to administer and enforce these codes, and have the authority to enact local amendments, provided those local amendments do not diminish the Codes' statewide minimum performance standards. Attached are proposed ordinances to adopt the 2021 code editions and the City's local amendments to these codes and to make other housekeeping amendments. BUDGET IMPACT: None SUPPORTS STRATEGIC PLAN GOAL: Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. CORRECTED - Ordinance (Ch. 13) - Fire Code Update (PDF) 2. CORRECTED - Ordinance (Ch. 14) - Other Codes Update (PDF) Packet Pg. 71 6.B.a Q. 0 Q N C d E C d E Q ORDINANCE NO. 4462 0 U m L_ U_ AN ORDINANCE of the City Council of the City of Kent, Washington, amending Ch. 13.01 of the Kent City Code, entitled "Fire Codes," to adopt the 2021 edition of the International Fire Code and to make other housekeeping amendments and local 00 a� amendments specifically applicable within Kent. c 0 a� c L RECITALS = A. In response to legislative amendments adopted by the State a of Washington, the Kent City Council enacted Ordinance No. 4386 on LO December 8, 2020, which adopted the 2018 edition of the International Fire a� Code. The State recently adopted the 2021 edition of this code, which takes a effect and applies to all cities in the state on July 1, 2023. Given the upcoming effective date of the state-adopted code, it is necessary to similarly amend the Kent City Code to formally adopt the same. B. In addition to adopting the 2021 code edition, this ordinance also includes other housekeeping amendments, including updating U U references to code sections that have been renumbered in the 2021 edition, c and local amendments. Finally, the amendments provide additional tools to 0 enforce the codes. o w im- C. The Washington State Building Code Council allows the W adoption of local amendments to the administrative provisions of the codes o without approval, as well as changes to certain substantive provisions that a� E 1 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 72 6.B.a r do not result in a lower standard than that established by the state, pursuant 0 to RCW 19.27.040 and WAC 51-04-030. a y d D. On April 24, 2023, the City requested expedited review under c RCW 36.70A.106 from the Washington State Department of Commerce E Q regarding the City's proposed local amendments to the codes adopted 0 through this ordinance. The Washington State Department of Commerce L) a� L acknowledged receipt of this request on April 24, 2023, and it is anticipated i- that the review will complete prior to the effective date of the code revisions. c �a E. On March 31, 2023, the City's State Environmental Policy Act 3 m (SEPA) Responsible Official determined the ordinance was a nonproject (D action exempt from SEPA under RCW 43.21C.450. 0 a� c L NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, x WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 2 a ORDINANCE LO 0 SECTION 1. - Amendment. Chapter 13.01 of the Kent City Code, (D r entitled 'Fire Codes," is hereby amended as follows: a a� Chapter 13.01 c0 FIRE CODES ;v ii Sec. 13.01.010. Fire code — Adopted. In accordance with Chapter M r 19.27 RCW, the International Fire Code, 20182021 Edition, published by the L) International Code Council, Inc., together with any additions, deletions, and exceptions currently enacted or as may be amended from time to time by the state of Washington through its Building Code Council pursuant to p Chapter 51-54A WAC, and as further amended in this chapter, is hereby o w adopted and incorporated by this reference. w o: O U r c d E t 2 Amend KCC 13.01 - r Re: Fire Codes a Packet Pg. 73 6.B.a r One (1) copy of the International Fire Code and the appendices adopted in 0 a KCC 13.01.030(A) is on file with the city y r clerk as provided for by RCW 35.21.180. E c Sec. 13.01.020. Code conflicts. To the extent allowed by E a RCW 19.27.040, if a conflict exists between the provisions of the 0 International Fire Code adopted and amended by the Washington State L) aD L Building Code Council and the provisions of this chapter, the Kent City Code iL provisions shall govern. c �a Sec. 13.01.030. Amendments to the International Fire Code - 3 m Chapter 1, Scope and Administration. The following local amendments (D to Chapter 1 of the International Fire Code, entitled "Scope and 0 Administration," including all amendments enacted by the state of L �a Washington, are hereby adopted and incorporated into the International Fire = Code as follows: a A. Scope and General Requirements - Fire code appendix adopted. LO Section 101 of the International Fire Code, entitled "Scope and General aD r Requirements," is amended by adding the following new subsection 101.6: a a� Sec. 101.6. Fire code appendix adopted. Appendix B of 0 the International Fire Code is hereby adopted. L B. General auther4q, and respensibilitiesDuties and Powers of the Fire M Code Official - Retained authority - Additional conditions. Section 104 of the International Fire Code, entitled RespensibilitiesDuties and Powers of the Fire Code Official," is amended by c adding the following new subsection 104.1.1: 0 0 Sec. 104.1.1. Retained authority - Additional conditions. The fire code official retains the authority to w impose additional conditions where the official determines o: it necessary to mitigate identified fire protection impacts o and problematic fire protection systems. These conditions may include, by way of example and without limitation, E 3 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 74 6.B.a increased setbacks, use of fiFe retaFdtfire-retardant a materials, installation or modification of standpipes, a automatic fire sprinkler and fire alarm systems. a� E C. Duties and Powers of the Fire a� Code Official - Lot lines and setback lines. Section 104 of the International E a Fire Code, entitled Duties and Powers o U of the Fire Code Official," is amended by adding the following new subsection L i- 104.3-213: c a� Sec. 104.3-213. Lot lines and setback lines. Notwithstanding the authority of the fire code official to administer and enforce the fire code, the fire code official 00 a� shall have no duty to verify or establish lot lines or setback lines. No such duty is created by this code and none shall o be implied. L D. Permits - Expiration of applications. Section 105 of the International Fire Code, entitled "Permits," is amended by substituting subsection 105.2.3 a with the following: LO LO M Sec. 105.2.3. Expiration of applications. Project permit applications that are subject to Ch. 12.01 KCC or that require SEPA review are subject to those deadlines. All other construction permit applications shall expire automatically if no permit is issued within 180 days after U the date a determination has been made that a fully complete project permit application has been submitted, unless the fire code official determines, in his or her sole M discretion, that the application has been pursued in good faith. The fire code official may extend the time for action L) on the permit application for one or more periods, each 0 period not exceeding 90 days, upon written request by the applicant if the applicant can demonstrate, to the satisfaction of the fire code official, that circumstances 0` beyond the applicant's control have prevented action from o being taken. If an application has expired, plans and other data previously submitted for review may thereafter be w returned to the applicant or destroyed by the fire code official. In order to renew action on an expired application, 0 the applicant shall resubmit plans and pay a new review fee. a E 4 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 75 6.B.a Q. 0 Q E. Permits - Expiration. Section 105 of the International Fire Code, N r entitled "Permits," is amended by substituting subsection 105.3.1 with the E following: a� E Q Sec. 105.3.1. Expiration. An operational permit shall remain in effect until reissued, renewed or revoked, or for 0 U such a period of time as specified in the permit. ;v Construction permit expiration shall be governed by the i_ following: 1. Every permit issued by the fire code official under the provisions of this chapter shall expire automatically three years after the date of permit issuance. 00 a� However, the permit shall expire earlier if the work authorized by such permit is not commenced within one 0 year from the date the permit is issued, or once work commences, if work is suspended or abandoned for a period of 180 days or more. _ 2. The fire code official, after finding that no significant changes have or will be made to the originally a approved plans and specifications for the approved work, LO LO may extend a permit's expiration date or revive a permit which has been canceled due to inactivity, at the fire code official's discretion, under the following circumstances: a a. A permit issued and related to a single- family residence, if it has expired due to inaction, may be L) extended for a 90-day period, up to two times. However, this subsection does not alter the permit's overall twee yeafthree-year expiration date as provided for in M subsection 105.3.1.1. U b. A permit issued and related to a single- U family residence may be extended for a 90-day period if work is started and continuously performed, and necessary periodic inspections are made. o 0 C. For permits other than those related to a single-family residence, the fire code official may grant a w single 90-day extension when only the final inspection W approval is remaining and all other work has been 0 U approved. a� E 5 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 76 6.B.a 0. 0 Q 3. No permit extension will be granted for any property that is the subject of a code enforcement proceeding under Ch. 1.04 KCC. E c a� E F. Permits - Required operational permits. Section 105 of the Q a� International Fire Code, entitled "Permits," is amended by substituting 0 U subsection 105.�&-5 with the following: ;v i- Sec. 105.65. Required operational permits. The fire code official is authorized to issue operational permits for the operations set forth in Sections 105.65.1 through 105.65.-5556. 00 G. Permits - Mobile food preparation vehicles. Section 105 of the 0 International Fire Code, entitled "Permits," is amended by substituting i subsection 105.5.32 with the following: _ Sec. 105.5.32. Mobile food preparation vehicles. A a permit is required for mobile preparation vehicles equipped with appliances that produce smoke or grease-laden M vapors or utilize LP-gas systems or CNG systems. a� Exception: Mobile food preparation vehicles which are not parked at or visiting a location for more than three consecutive calendar days. o U a� L GH. Permits - Commercial kitchens. Section 105 of the International Fire M Code, entitled "Permits," is amended by adding the following new subsection U 105.65.-5253: 0 U c Sec. 105.65.52 53. Commercial Kitchens. An operational permit is required for all commercial kitchens 0` with type I hood systems. o w Exception: No fee will be required if another operational w fire permit in accordance with Section 105.5 is issued for the occupancy o a� E 6 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 77 6.B.a 0. #I. Permits - Emergency and standby power systems. Section 105 of the -0 International Fire Code, entitled "Permits," is amended by adding the a N r following new subsection 105.65.-5354. E c Sec. 105.65.5354. Emergency and standby power E systems. An operational permit is required for emergency a or standby power systems required by code and identified o in NFPA 110. as L J. Permits - Fire Protection System Contractor. Section 105 of the c International Fire Code, entitled "Permits," is amended by adding the c following new subsection 105.65.-5455: m Sec. 105.65.5455. Fire Protection System Contractor. An operational permit is required for all o contractors or other entities performing any installation, inspection, service, maintenance, or repair of any fire protection system. _ JK. Permits - Commercial Kitchen Hood and Duct Systems Contractor. 3 IL Section 105 of the International Fire Code, entitled "Permits," is amended LO LO by adding the following new subsection 105.65.-5556. a� Sec. 105.65.3656. Commercial Kitchen Hood and a Duct Systems Contractor. An operational permit is required for all contractors or other entities performing any o inspection or cleaning of commercial kitchen hood and duct systems. LL KL. Permits - Required construction permits. Section 105 of the U International Fire Code, entitled "Permits," is amended by substituting Wig-_subsection 105.76 with the following: c L Sec. 105.76. Required construction permits. The fire 0 code official is authorized to issue construction permits for w work as set forth in Sections 105.-76.1 through 105.-76.2-726. W W 0 U r c m E t 7 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 78 6.B.a 0. -LM. Permits - Emergency and standby power systems. Section 105 of the -0 International Fire Code, entitled "Permits," is amended by adding the a N r following new subsection 105.-76.2-726: E c Sec. 105.916.2726. Emergency and standby power E systems. A construction permit is required for the a installation of an emergency or standby power system o required by code and identified in NFPA 110. a� L MN. Fees - Fees. Section 106 107 of the International Fire Code, entitled U- c "Fees," is amended by substituting subsection -1-%107.1 with the following: c Sec. 3A6107.1. Fees. The fire code official shall collect m fees as a condition to issuance or renewal of any permit or certificate. 0 in` a� +CFO. Fees - Schedule of permit fees. Section 106 107 of the International i 0 Fire Code, entitled "Fees," is amended by substituting subsection 44�6107.2 = with the following: 3 a Sec. 406107.2. Schedule of Permit Fees. The fire code LO official shall prepare a resolution establishing a schedule of FIL fees for council consideration, which fees shall include the cost involved in the processing, issuance, and renewal of CL permits and certificates. Any fee schedule adopted by resolution shall govern the fee amount to be assessed for any permit or certificate. L) L GP. Fees - Work commencing before permit issuance. Section 146-107 of M the International Fire Code, entitled "Fees," is amended by substituting U subsection 44�6107.3-4 with the following: U 0 Sec. 446107.34. Work commencing before permit issuance. When work for which a permit is required by this 0 code has commenced without a permit, the fees shall be o doubled. The payment of such fees shall not relieve any persons from the requirements of this code or from any w penalties prescribed by this code. 0 U r c m E t 8 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 79 6.B.a -PQ. Fees - Termination. Section 106 107 of the International Fire Code, 0 entitled "Fees," is amended by adding the following new subsection a N r 3-G6107.67: E C Sec. _3�6107.67. Termination. Failure to pay for the E required renewal within 60 days of the date notice is given a shall result in the City's termination of the permit. o U m L R. Maintenance - Recordkeeping. Section 109 of the International Fire Code, entitled "Maintenance," is amended by substituting subsection 109.3 � with the following: m Sec. 109.3 Recordkeeping. A record of periodic inspections, tests, servicing and other operations and maintenance shall be maintained on the premises or other 0 approved location for not less than three years, or a i different period of time where specified in this code or referenced standards. _ 1. Records shall be made available for inspection a by the Fire Code Official, and a copy of the records shall be provided to the Fire Code Official upon request. M 2. The Fire Code Official is authorized to prescribe the form and format of such recordkeeping_ a� 3. The Fire Code Official is authorized to require 0 that certain required records be filed with the Fire Code Official. U- 4. All reports must be filed with the Compliance Engine (www.TheComplianceEngine.com) within 14 days J� of the reportable activity. U c $S. Beard ef appealsMeans of Appeals. Section 199 111 of the o International Fire Code, entitled Means of Appeals," is o w amended by substituting Section 449-111 with the following: w W W Sec. #$9111. Means of Appeals. The City of Kent hearings examiner is designated as the board a� E 9 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 80 6.B.a of appeals in order to hear and decide appeals of orders, 0 decisions, or determinations made by the fire code official a relative to the suitability of alternate materials, designs, and methods of construction and appeals of the reasonable application and interpretation of the building and fire codes. Appeals shall be made as set forth in section 13.01.140 of the Kent City Code. E a as 0 R-T. Violation - Penalties. Section 1-1-0-112 of the International Fire Code, U as L entitled "Violations," is amended by substituting subsection 44-9112.4 with U_ the following: c Sec. _3I-A112.4. Violation —penalties. Any person who violates a provision of this code, or fails to comply with any 00 a� of its requirements, or who erects, constructs, alters, or repairs a building or structure in violation of (a) the 0 approved construction documents, (b) a directive of the fire code official, or (c) a permit or certificate issued under the provisions of this code, shall be subject to penalties as = set forth in Ch. 13.02 of the Kent City Code or as otherwise 2 provided by law. (L o� LO LO Sec. 13.01.040. Amendments to the International Fire Code - FIL Chapter 2, Definitions. The following local amendments to Chapter 2 of the International Fire Code, entitled "Definitions," including all amendments � a� enacted by the state of Washington, are hereby adopted and incorporated 0 U into the International Fire Code as follows: ;v i_ A. Definitions - General Definitions. Section 202 of the International Fire Code, entitled "General Definitions," is amended by adding the following L) a) definitions to subsection 202: ns c OUTDOOR STORAGE. The on-site storage of materials outdoors, o including materials stored in vehicles, which are not in transit. o w PROBLEMATIC FIRE PROTECTION SYSTEM. A fire protection w system that generates repeated preventable alarms. 0 U r c m E t 10 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 81 6.B.a 0. Sec. 13.01.050. Amendments to the International Fire Code - -0 Chapter 3, General Requirements. The following local amendments to a N r Chapter 3 of the International Fire Code, entitled "General Requirements," E including all amendments enacted by the state of Washington, are hereby a� adopted and incorporated into the International Fire Code as follows: E a a� 0 A. Open Flames - Sky Lanterns. Section 308 of the International Fire U a� L Code, entitled "Open Flames," is amended by substituting subsection i- 308.1.6.3 with the following: c Sec. 308.1.6.3 Sky Lanterns. The use of sky lanterns is prohibited. c Sec. 13.01.060. Amendments to the International Fire Code - 0 c Chapter 5, Fire Service Features. The following local amendments to as Chapter 5 of the International Fire Code, entitled "Fire Service Features," 2 including all amendments enacted by the state of Washington, are hereby a adopted and incorporated into the International Fire Code as follows: LO LO M A. Fire service features - Fire apparatus access roads. Section 503 of 0 the International Fire Code, entitled "Fire Apparatus Access Roads," is hereby adopted. 0 U a� L B. Fire apparatus access roads - Buildings and Facilities. Section 503 of U- the International Fire Code, entitled "Fire Apparatus Access Roads," is amended by substituting subsection 503.1.1 with the following: a� U 0 Sec. 503.1.1. Buildings and Facilities. Approved fire apparatus access roads shall be provided for every facility, 0` building or portion of a building hereafter constructed or o moved into or within the jurisdiction. The fire apparatus W access road must comply with the requirements of this w section and shall extend within 150 feet of all portions of the facility and all portions of the exterior wall of the first o story of the building as measured by an approved route around the building or facilit ram. E 11 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 82 6.B.a Q. 0 Exception: The Fire Code Official is authorized to increase a the distance: a� 1. Up to 300 feet where the building is equipped throughout with an approved automatic fire sprinkler system. E a 2. Where the fire apparatus access roads cannot 0 U be installed because of location on property, topography, ;v waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided. 0, c 3. There are no more than two Group R-3 or Group U occupancies. c C. Fire apparatus access roads - Additional Access. Section 503 of the 0 c International Fire Code, entitled "Fire Apparatus Access Roads," is amended a� by substituting subsection 503.1.2 with the following: 3 a Sec. 503.1.2. Additional Access. The Fire Code Official is authorized to require more than one fire apparatus M access road based on the potential for impairment of a single road by vehicle congestion, condition of the terrain, climatic conditions or other factors that could limit access. a� 0 U $D. Fire apparatus access roads - Dimensions. Section 503 of the i� International Fire Code, entitled "Fire Apparatus Access Roads," is amended M by substituting subsection 503.2.1 with the following: U m Sec. 503.2.1. Dimensions. The following minimum dimensions shall apply for fire apparatus access roads: c �a L 1. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6,096 mm), w except for approved security gates in accordance with section 503.6, and an unobstructed vertical clearance of W not less than 13 feet 6 inches (4,115 mm). 0 U r c m E t 12 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 83 6.B.a 2. Fire apparatus access road routes shall be 0 approved by the fire code official. a 3. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet for 20 feet on both sides of the hydrant operating nut and shall be marked as a fire lane per Section 503.3. E a a� 0 U Exception: When the fire apparatus access road is serving ;v no more than 2 single family houses and all are equipped i_ with approved automatic system, the Fire Code Official may approve a reduced width, but the reduction shall not be less than 16 feet wide. GE. Fire apparatus access roads - Surface. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is amended � 0 by substituting subsection 503.2.3 with the following: L Sec. 503.2.3. Surface. Fire apparatus access roads shall be constructed with a surface of asphalt or concrete capable of supporting the imposed load of fire apparatus a weighing at least 30 tons (27,240 kg). LO LO DF. Fire apparatus access roads - Turning radius. Section 503 of the FIL a� International Fire Code, entitled "Fire Apparatus Access Roads," is amended � a by substituting subsection 503.2.4 with the following: 0 U a� Sec. 503.2.4. Turning radius. All fire apparatus access roads shall have a 30feet30-foot minimum inside turning radius and a 5-0-50-foot minimum outside turning radius. The radius must be measured from the travel lane edge, unless otherwise approved. a) U €G. Fire apparatus access roads - Dead ends. Section 503 of the L International Fire Code is amended by substituting subsection 503.2.5 with 0 the following: W U W W Sec. 503.2.5. Dead ends. Dead-end fire apparatus W access roads in excess of 150 feet (45.72 m) in length shall be provided with an approved turnaround designed as a� E 13 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 84 6.B.a illustrated in the Kent Design and Construction Standards, a unless otherwise approved. a Exception: The Fire Code Official is authorized to increase the length up to 300 feet for dead-end access roads when all of the following apply: E a 1. The road serves no more than 4 single-family homes that are equipped throughout with an approved 0 U automatic fire sprinkler system. ;v i- 2. The road has an unobstructed width of not less than 20 feet, and an unobstructed vertical clearance of not less than 13 feet 6 inches. 3. Where the vertical distance between the 00 a� grade plane and the highest point of the roof eave is no more than 30 feet for any of the structures served by the o fire access road. c L -FH. Fire apparatus access roads - Bridges and elevated surfaces. Section = 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is amended by substituting subsection 503.2.6 with the following: a CD LO LO Sec. 503.2.6. Bridges and elevated surfaces. Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge or elevated surface shall be constructed and maintained in accordance with a� specifications established by the fire code official and the o City's public works director, or their designees; at a ) minimum, however, the bridge or elevated surface shall be U- constructed and maintained in accordance with AASHTO Standard Specifications for Highway Bridges. Bridges shall also meet the following requirements: 0 1. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of a 30 or more ton fire apparatus, the total imposed -a load to be determined by the fire code official. 0 w 2. Vehicle load limits shall be posted at both L) entrances to bridges when required by the fire code official. W 3. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces which are a� E 14 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 85 6.B.a r not designed for that use, approved barriers or approved a signs, or both, shall be installed and maintained, if required a by the fire code official. r a� GI. Fire apparatus access roads - Grade. Section 503 of the International c Fire Code, entitled "Fire Apparatus Access Roads," is amended by E a substituting subsection 503.2.7 with the following: O U Sec. 503.2.7. Grade. Fire apparatus access roads shall L comply with the following: 1. Fire apparatus access roads shall not exceed 15 percent longitudinal and/or 6 percent laterally in grade. shall be as determined by the fore code effm m a� c 2. Driveway approach and departure angles ° shall not exceed 10 percent for the first 75 feet when = L measured from the right of way, unless otherwise approved by the fire code official.H. Fire apparatus access reads Access read width with a hydrant.- _ a Seetmen S03 of the Internatienal Fire Cede, entitled "Fire LO 0 Roads," is amended by adding the following new subsection 503.2.9: Fl�- (D r a See. 503.2.9. Aeeess read wmdth with a hydrant. a� rQa d, the minimum "e ad--w dt-krsh-a+l be 26 feet ferz-o-feet marked as a fore lane per Sectien 503.3. U.- en beth sides ef the hydFant epeFating nut and shall be a� L M 1J. Fire apparatus access roads - Marking. Section 503 of the r International Fire Code, entitled "Fire Apparatus Access Roads," is amended L) a� by substituting subsection 503.3 with the following: c L Sec. 503.3. Marking. Fire apparatus access roads shall be marked whenever necessary to maintain the w unobstructed minimum required width of roadways. Subject to the fire code official's prior written approval, LU marked fire apparatus access roads, or "fire lanes," may o be established or relocated at the time of plan review, pre- construction site inspection, and/or post construction site a� E 15 Amend KCC 13.01 - r Re: Fire Codes a Packet Pg. 86 6.B.a inspection as well as any time during the life of the a occupancy. Only those fire apparatus access roads a established by the fire code official can utilize red marking paint and the term "fire lane." Fire lanes shall be marked as directed by the fire code official with one or more of the following types of markings in accordance with the Kent Design and Construction Standards: E a a� Sec. 503.3.1. Type 1. Type 1 marking shall be installed 0 U to identify fire lanes on hammerhead turnarounds, ;v commercial and multi-family developments or as directed i_ by the fire code official. Sec. 503.3.2. Type 2. Type 2 marking shall be installed to identify fire lanes in one- and two-family dwelling developments, or as directed by the fire code official. 00 a� Sec. 503.3.3. Type 3. Type 3 marking shall be installed o to address situations where neither Type 1 or 2 marking is effective as determined by the fire code official. a� x 1. Specific areas designated by the fire code 2 official shall be marked with diagonal striping across the width of the fire lane. Diagonal marking shall be used in a conjunction with painted curbs and/or edge striping and LO shall run at an angle of 30 to 60 degrees from one side to the other. These diagonal lines shall be in red traffic paint, parallel with each other, at least 6 inches in width, and 24 inches apart. Lettering shall occur as with Type 1 marking. a� K. Fire apparatus access roads - Required Gates or barricades. Section L) 503 of the International Fire Code, entitled "Fire Apparatus Access Roads is amended by substituting subsection 503.5 with the following: M U Sec. 503.5. Required gates or barricades. The fire code official is authorized to require the installation and maintenance of gates or other approved barricades across fire apparatus access roads, trails, or other accessways, o not including public streets, alleys, or highways. Installations shall meet the following: w 1. Electric gate operators, where provided shall W be listed in accordance with UL 325. W 0 U r c m E t 16 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 87 6.B.a 2. Gates intended for automatic operation shall 0 be designed, constructed, and installed to comply with the a requirements of ASTM F 2200 and must be equipped with "Click 2 Enter" or similar equipment that is approved by the fire code official, that allows for operations of the gate by fire and police personnel via their vehicle mobile radio, on a dedicated radio frequency, with a hold-open for a E a specified amount of time. 0 U 3. Gates over the fire apparatus access road that ;v are intended for automatic operation shall be designed to i- operate during a loss of power or fail in the open position. a� 4. Gates shall be at a minimum as wide as the required access road width. m a� 5. If manually operated, a Knox padlock is required if the gate is locked. o c 6. Installations must be set back 40 feet from the roadway edge of pavement. _ Exception: Automated gates meeting the requirements of item 2 of this subsection. a a� LO LO L. Fire apparatus access roads - Security _gates, bollards, and other FIL obstructions. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is amended by substituting subsection 503.6 with a� the following: 0 U a� L Sec. 503.6 Security gates, bollards, and other U- obstructions. The installation of security pates, bollards, M and other obstructions across a fire apparatus access road shall be approved by the fire code official. Where installed L) they shall have an approved means of emergency 0 operation. The installation and emergency operation shall be maintained operational at all times. The installation of security gates, bollards and other obstructions shall be in 0` accordance with 503.5. The use of directional-limiting o devices (tire spikes) is prohibited. W U W 4M. Fire apparatus access roads - Establishment of fire lanes. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," 0 is amended by adding the following new subsection 503.7: 17 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 88 6.B.a r Q. 0 Sec. 503.7 Establishment of fire lanes. Fire lanes in Q conformance with this code shall be established by the fire r code official or designee, and shall be in accordance with 503.7.1 through 503.7.8. c a� Sec. 503.7.1 Obstruction of fire lanes prohibited. The a obstruction of a designated fire lane by a parked vehicle or any other object is prohibited and shall constitute a traffic 0 U hazard as defined in State law and an immediate hazard to L life and property. i_ Sec. 503.7.2 Existing fire lane signs and markings. The following signs and markings shall be provided: 1. Signs (minimum nine-inch by 16-inch) may 00 aD be allowed to remain until there is a need for replacement and at that time the sign shall meet the requirements of 0 subsection 503.3.2 L 2. Markings may be allowed to remain until there = is a need for repainting and at that time the provisions 2 outlined in 503.3 shall be complied with. a Sec. 503.7.3 Maintenance. Fire lane markings shall be LO maintained at the expense of the property owner(s) as often as needed to clearly identify the designated area as r being a fire lane. a Sec. 503.7.4 Towing notification. At each entrance to property where fire lanes have been designated, signs shall be posted in a clearly conspicuous location and shall clearly ;v state that vehicles parked in fire lanes may be impounded, and the name, telephone number, and address of the M towing firm where the vehicle may be redeemed. U Sec. 503.7.5 Responsible property owner. The owner, manager, or person in charge of any property upon which designated fire lanes have been established shall prevent the parking of vehicles or placement of other obstructions o in such fire lanes. o w Sec. 503.7.6 Violation — Penalty. Any person who fails w to mark or maintain the marking of a designated fire lane o: as prescribed herein, or who obstructs or allows the o obstruction of a designated fire lane, etheF than the shall be deemed to have committed a 18 Amend KCC 13.01 - r Re: Fire Codes a Packet Pg. 89 6.B.a r violation. The penalty for violation of this section shall be 0 the monetary penalty identified in the current fee a resolution. r a� Sec. 503.7.7 Violation - Civil penalty. In addition to, or as an alternate to, the penalties specified above, a violation of any provision of this chapter constitutes a civil violation E under Chapter 1.04 KCC for which a monetary penalty may be assessed and abatement may be required and/or 0 U otherwise enforced as provided therein. L iL Sec. 503.7.8 Impoundment. Any vehicle or object obstructing a designated fire lane is declared a traffic hazard and may be abated without prior notification to its owner by impoundment pursuant to the applicable State 3 law. The owner or operator shall be responsible for all 00 aD towing and impound charges. c 0 -KN. Fire apparatus access roads - Commercial and industrial L developments. Section 503 of the International Fire Code, entitled "Fire � x Apparatus Access Roads," is amended by adding the following new 2 subsection 503.8: a o� tn M Sec. 503.8. Commercial and Industrial Developments. Fire apparatus access roads serving a commercial and industrial developments shall be in accordance with Sections 503.8.1 through 503.8.3. 0 U a� Sec. 503.8.1. Buildings exceeding three stories or 30 feet in height. Buildings or facilities exceeding 30 feet or three stories in height shall have at least two means of fire r apparatus access for each structure. a� Sec. 503.8.2. Buildings exceeding 62,000 square feet in area. Buildings or facilities having a gross building area c of more than 62,000 square feet shall be provided with two 0 separate and approved fire apparatus access roads. 0 w Exception: Projects having a gross building area of up to 124,000 square feet that have a single approved fire LU apparatus access road when all buildings are equipped W throughout with approved automatic sprinkler systems. r a� E 19 Amend KCC 13.01 - r Re: Fire Codes a Packet Pg. 90 6.B.a Sec. 503.8.3. Remoteness. Where two access roads are -0 required, they shall be placed a distance apart equal to not a less than one half of the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses or as approved by the fire code official and the fire chief. E a -LO. Fire apparatus access roads - Aerial fire apparatus access roads. 0 Section 503 of the International Fire Code, entitled "Fire Apparatus Access U a� L Roads," is amended by adding the following new subsection 503.9: i- Sec. 503.9. Aerial fire apparatus roads. The fire c apparatus access roads that accommodate aerial fire apparatus shall be in accordance with Sections 503.9.1 m through 503.9.4. c Sec. 503.9.1. Where required. Buildings or portions of 0 buildings or facilities exceeding 30 feet in height above the i lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads that are capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be a located within the aerial fire apparatus access roadway. LO LO Sec. 503.9.2 Width. Aerial fire apparatus access roads shall have a minimum unobstructed width of 26 feet, exclusive of shoulders, in the immediate vicinity of any building or portion of building more than 30 feet in height. 0 Sec. 503.9.3 Proximity to building. At least one of the ) required access routes meeting this condition shall be U- positioned parallel to one entire side of the building. The location of the parallel access route shall be approved. U Sec. 503.9.4. Obstructions. Overhead utility and power 0 lines shall not be located over the aerial fire apparatus access road or between the aerial apparatus access road and the building. Other obstructions shall be permitted to 0 be placed with the approval of the fire code official. 0 w MP. Fire apparatus access roads - Multifamily residential developments. L) w Section 503 of the International Fire Code, entitled "Fire Apparatus Access � Roads," is amended by adding the following new subsection 503.10: a� E 20 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 91 6.B.a Sec. 503.10. Multi-family residential developments. -0 The fire apparatus access roads serving multi-family a residential developments shall be in accordance with Sections 503.10.1 through 503.10.3. Sec. 503.10.1. Projects having from 100 through 200 dwelling units. Multi-family residential projects having E a from 100 through 200 dwelling units shall be provided with two separate and approved fire apparatus access roads. 0 U m L Exception: Projects having up to 200 dwelling units may have a single approved fire apparatus access road when all buildings, including nonresidential occupancies, are equipped throughout with approved automatic sprinkler systems installed in accordance with Section 903.3.1.1 or 903.3.1.2. 00 a� Sec. 503.10.2. Projects having more than 200 0 dwelling units. Multi-family residential projects having more than 200 dwelling units shall be provided with two 0 separate and approved fire apparatus access roads = regardless of whether they are equipped with an approved 2 automatic sprinkler system. IL Sec. 503.10.3. Remoteness. Where two access roads LO LO are required, they shall be placed a distance apart equal to FIL not less than one half of the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses or as approved by the fire code official and the fire chief. 0 U a� f4Q. Fire apparatus access roads - One- and two-family residential developments. Section 503 of the International Fire Code, entitled "Fire M Apparatus Access Roads," is amended by adding the following new subsection 503.11: c 0 c Sec. 503.11. One- and Two-family residential developments. The fire apparatus access roads serving one- and two-family residential developments shall be in w accordance with Section 503.11.1 and 503.11.2. U W W Sec. 503.11.1. Projects having more than 30 W dwelling units. Developments of one- or two-family dwellings where the number of dwelling units exceeds 30 a� E 21 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 92 6.B.a shall be provided with two separate and approved fire 0 apparatus access roads. a Exceptions: E 1. Where there are more than 30 dwelling units on a single public or private fire apparatus access road and E all dwelling units are equipped throughout with approved a automatic sprinkler systems installed in accordance with o Section 903.3.1.1, 903.3.1.2, or 903.3.1.3 of the U International Fire Code, access from two directions shall L not be required. 2. The number of dwelling units on a single fire c apparatus access road shall not be increased unless fire apparatus access roads will, within a reasonable time, m connect with future development, as determined by the fire code official. 0 a� Sec. 503.11.2. Remoteness. Where two access roads i are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses or as a approved by the fire code official and the fire chief. LO LO OR. Fire apparatus access roads - Underground structures. Section 503 FIL a� of the International Fire Code, entitled, "Fire Apparatus Access Roads," is 0_ amended by adding the following new subsection 503.12: 0 U Sec. 503.12. Underground structures. Installation of underground structures under or within 10 feet of fire U- apparatus access roads shall be designed using approved M load criteria that shall accommodate the loading of fire department aerial apparatus unless otherwise approved. a� U S. Access to Building Openings and Roofs - Buildings with Interior c Courtyards. Section 504 of the International Fire Code, entitled "Access to 0 Building Openings and Roofs," is amended by adding the following new o W subsection 504.4: U W d' Sec. 504.4. Buildings with interior courtyards. New 0 buildings with enclosed interior courtyards shall have a straight/direct access corridor and/or stairway from the 22 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 93 6.B.a exterior to the courtyard at a location acceptable to the fire a code official. If a stairway is used it shall comply with a Section 1011 and a corridor shall comply with Section 1020. The access shall have a minimum width of 5 feet and be large enough to carry a 35-foot-long sectional ladder (minimum folded length 20 feet) directly from the exterior to the courtyard without obstructions. The access door E a shall be marked at the street as "Direct Fire Access to � Courtyard". 0 U m L T. Key Boxes - Where required. Section 506 of the International Fire c Code, entitled "Key Boxes," is amended by substituting subsection 506.1 c with the following: m a� Sec 506.1. Where required. Where access to or within a structure or an area is restricted because of secured ° openings or where immediate access is necessary for life- i saving or firefighting purposes, the fire code official is authorized to require a key box/vault to be installed. The key box shall be a Knox KLS product listed in accordance with UL 1037 and shall contain keys to gain necessary a access. The location, key box and key requirements shall be in accordance with the Rapid Entry System Policy of the M Puget Sound Regional Fire Authority_ as r U. Key Boxes - Where required. Section 506 of the International Fire a� Code, entitled "Key Boxes," is amended by adding the following new o U subsection 506.3: U- Sec. 506.3. Compliance. Compliance with this chapter shall be in accordance with the following: a� 1. Newly constructed buildings not yet occupied or buildings currently under construction and all buildings applying for a certificate of occupancy, shall comply prior o to occupancy, permit final or approval of any certificate. o w 2. Existing buildings, gates, or barriers without w existing key boxes shall comply within 180 days of notification. o U r c m E t 23 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 94 6.B.a r 3. Existing buildings, gates, or barriers with non- a compliant key boxes or locks installed shall comply within a 1 year of notification. r a� E internatienal Fire Cede, entotled "Fire Protection Water Supplies," is c E Q m O U aD L • 507.5.2.1. • ReeeFds ef all systeffl U- -.,.etiens, tests and fflaintenanee FeElHiFeEl by the ,.-,,-,enced standard shall be maontamned on the fer three cepies shall be submitted M, a ferm and /calendar days ef each test, / or maintenance ef m O Cede, entitled "Fire Pretectien Water / M d . tests and maintenanee required by the LO / maintained en the prengise-S Ln Felerenced ndard shall be M years;fer three ies shall be submitted in a ferrig and r manner determined by the fore cede efficial within 30 Ealendar days of each Q test, inspection, the systeng-. or rigainteriance of U RV. Fire protection water supplies - Physical protection. Section 507 of ;v i� the International Fire Code, entitled "Fire Protection Water Supplies," is M amended by substituting subsection 507.5.6 with the following: U_ d Sec. 507.5.6. Physical protection. Where fire hydrants are subject to impact by a motor vehicle, guard posts shall c be designed and installed in accordance with the Kent Design and Construction Standards. 0 w SW. Fire protection water supplies - Fire hydrant. Section 507 of the w International Fire Code, entitled "Fire Protection Water Supplies," is � o: amended by adding the followinga new subsection 507.5.7 as follows: U r a� E M 24 Amend KCC 13.01 - r Re: Fire Codes a Packet Pg. 95 6.B.a 0. Sec. 507.5.7. Fire hydrant. Fire hydrants shall be -0 designed and installed in accordance with the local water a purveyor's design and construction standards. a� E TX. Fire protection water supplies - Backflow prevention. Section 507 of a� the International Fire Code, entitled "Fire Protection Water Supplies," is E a amended by adding the followings new subsection 507.5.8 ., ws: � 0 U m L Sec. 507.5.8. Backflow prevention. All private fire i_ systems shall be isolated by an approved method in accordance with the local water purveyor. 0, c kN. Fire protection water supplies - Capacity for residential areas. Section m 507 of the International Fire Code, entitled "Fire Protection Water Supplies," � is amended by adding the followings new subsection 507.6-as fellews: 0 c L Sec. 507.6. Capacity for residential areas. All hydrants installed in single family residential areas shall be capable of delivering 1,500 gpm fire-flow over and above average maximum demands at the farthest point of the installation. a a� VZ. Fire protection water supplies - Spacing. Section 507 of the M International Fire Code, entitled "Fire Protection Water Supplies," is r amended by adding the followings new subsection 507.7 as fellews: a a� Sec. 507.7. Spacing. The spacing of hydrants shall be in accordance with Sections 507.7.1 through 507.7.5. ;v i_ Sec. 507.7.1. Single family. The maximum fire hydrant M spacing serving single family residential areas shall be 600 feet as measured along the fire apparatus access road. a� U Sec. 507.7.2. Commercial, industrial and multi- family. The maximum fire hydrant spacing serving commercial, industrial, multi-family or other areas shall be oL 300 feet as measured along the fire apparatus access road. o w Sec. 507.7.3. Medians. Where streets are provided with U median dividers which cannot be crossed by firefighters pulling hose lines, hydrants shall be provided on each side o of the street and be arranged on an alternating basis, a� E 25 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 96 6.B.a providing, on each side of the street, no more than the 0 maximum spacing. a Sec. 507.7.4. Arterials. Where arterial streets are provided with four or more traffic lanes hydrants shall be E provided on each side of the street and be arranged on an alternating basis, providing, on each side of the street, no E a more than the maximum spacing. 0 U Sec. 507.7.5. Transportation. Where new water mains ;v are extended along streets where hydrants are not needed for protection of structures or similar fire problems, fire hydrants shall be provided at a spacing not to exceed 1,000 c feet to provide for transportation hazards. m WAA. Fire protection water supplies - Required hydrants. Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is 0 amended by adding the followinga new subsection 507.8 as fellews: i a� x Sec. 507.8. Required hydrants. The number of hydrants required for a building shall be based on the calculated fire- flow. The first hydrant will be calculated for up to 1,500 a gpm. An additional hydrant will be required for every LO additional 1,000 gpm, or fraction thereof. The required FIL hydrants shall be within 600 feet of the building as measured along the fire apparatus access roads serving CL the building. a� XBB. Fire protection water supplies - Notification. Section 507 of the 0 International Fire Code, entitled "Fire Protection Water Supplies," is amended by adding the followinga new subsection 507.9-as fe++ews: M U Sec. 507.9. Notification. The owner of property on which 0 private hydrants are located and the public agencies that own or control public hydrants must provide the fire code official with the following written service notifications in o accordance with 507.9.1 and 507.9.2: 0 w Sec. 507.9.1. In-service notification. The fire code U official shall be notified when any newly installed hydrant W or main is placed into service. 0 U r c m E t 26 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 97 6.B.a Sec. 507.9.2. Out-of-service notification. Where any -0 hydrant is out of service or has not yet been placed in a service, the hydrant shall be identified as being out of service and shall be appropriately marked as out of service, by a method approved by the fire code official. c a� Y-CC. Fire protection water supplies - Building permit requirements. Section E a 507 of the International Fire Code, entitled "Fire Protection Water Supplies," o U is amended by adding the followinaa new subsection 507.10 as fellews: ;v iL Sec. 507.10. Building permit requirements. No building permit shall be issued until all plans required by c this section have been submitted and approved in accordance with the provisions of this section. m a� No construction beyond the foundation shall be allowed until all hydrants and mains required by this section are in 0 place and approved. •L ZDD. Emergency Responder Radje Communication Coverage. Section 510 of the International Fire Code, entitled "Emergency Responder Radfe a Communication Coverage," is amended by substituting Section 510 with the LO LO following: FIL a� Sec. 510.1. Emergency responder radme a communication coverage in new buildings. Approved in-building, two-way emergency responder communication o radie coverage for emergency responders shall be provided ) within all new buildings_ Fneeting any ef the fellewing U_ cenditmens: M t U a) U c here— EL 3. The tetal basement area is O 000 square fee F / W U W W than 30 feet be'ew the finished fleei= ef the lowest level E) W exU r c m E M 27 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 98 6.B.a Q. 0 because ef its unique design, location, use eF eccupancy. r The radio coverage system shall be installed in accordance with Sections 510.4 through 510.5.5 of this code and with the provisions of NFPA 1221 (2019). This section shall not E Q require improvement of the existing public safety communication systems. 0 U m L Point of Information When determining if the minimum signal strength referenced 510.4.1.1 exists at a subject building, the signal strength shall be measured at any point on the exterior of the building up to the highest point on the roof. c Exceptions: 0 c L 1. Buildings and areas of buildings that have = minimum radio coverage signal strength levels of the King 2 County Regional 800 MHz Radio System within the building in accordance with Section 510.4.1 without the use of a a radio coverage system. LO LO M 2. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of that facility, the fire code official shall have the authority to accept an automatically activated L) emergency responder radio coverage system. i_ 3. One- and two-family dwellings and M townhouses. U m Sec. 510.2. Emergency responder communicationradia coverage in existing buildings. Existing buildings shall be provided with approved radio 0 coverage for emergency responders as required in Chapter 11. o w U Sec. 510.3. Permit required. A construction permit for W the installation of or modification to emergency responder W radio coverage systems and related equipment is required as specified in Section 105.6-7.64. Maintenance performed E 28 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 99 6.B.a in accordance with this code is not considered a a modification and does not require a permit. a a Point of Information E Prior coordination and approval from the Public Safety Radio System Operator is required before installation of an E Emergency Responder Radio System. Until 2022PSERN a becomes the single operator of the county wide system, o such approval is required from EPSCA, King County, Seattle or ValleyCom depending on the location of the ;v installation. 2922 PSERN '" be thesingle t�~ F '� In > >> _ram�c�a oti err ���r i ir�ieir���r� C R a ceunty wide system-.- C In order to be forward compatible, designers and contractors should be aware of PSERN's requirements for m Distributed Antenna Systems which can be found via https://psern.org/requirements/ 0 a� c Sec. 510.4. Technical requirements. Equipment required to provide in-building, two-way emergency = responder communication shall be listed in accordance with UL 2524. Systems, components and equipment required to provide the emergency responder radio coverage system a shall comply with Sections 510.4.1 through 510.4.2.8. LO M Sec. 510.4.1. Emergency responder communication enhancement coverage system signal strength. The CL building shall be considered to have acceptable emergency responder communications enhancement system coverage when signal strength measurements in 95 percent of all L) areas on each floor of the building meet the signal strength requirements in Sections 510.4.1.1 through 510.4.1.3. U- M Exception: Critical areas, such as the fire command center(s), the fire pump room(s), interior exit stairways, L) exit passageways, elevator lobbies, standpipe cabinets, a) sprinkler sectional valve locations, and other areas required by the fire code official, shall be provided with 99 percent floor area radio coverage. 0` 0 w Sec. 510.4.1.1. Minimum signal strength into the building. The minimum inbound signal strength shall be W sufficient to provide usable voice communications W throughout the coverage area as specified by the fire code official. The inbound signal level shall be a minimum of - a� E 29 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 100 6.B.a 95dBm in 95% of the coverage area and 99% in critical -°a0 areas and sufficient to provide not less than a Delivered a Audio Quality (DAQ) of 3.0 or an equivalent Signal-to- Interference-PI us-Noise Ratio (SINK) applicable to the technology for either analog or digital signals. c a� Sec. 510.4.1.2 Minimum signal strength out of the E a building. The minimum outbound signal strength shall be sufficient to provide usable voice communications 0 U throughout the coverage area as specified by the fire code L official. The outbound signal level shall be sufficient to i- provide not less than a DAQ of 3.0 or an equivalent SINR applicable to the technology for either analog or digital signals. A minimum signal strength of -95 dBm shall be received by the King County Regional 800 MHz Radio System when transmitted from within the building. 00 a� Sec. 510.4.1.3. System performance. Signal strength o shall be sufficient to meet the requirements of the applications being utilized by public safety for emergency operations through the coverage area as specified by the = radio system manager in Section 510.4.2.2. 2 3 Sec. 510.4.2. System design. The emergency a responder radio coverage system shall be designed in LO accordance with Sections 510.4.2.1 through 510.4.2.8 and NFPA 1221 (2019). Sec. 510.4.2.1. Amplification systems and components. Buildings and structures that cannot support the required level of radio coverage shall be L) equipped with systems and components to enhance the public safety radio signals and achieve the required level of radio coverage specified in Sections 510.4.1 through M 510.4.1.3. Public safety communications enhancement systems utilizing radio-frequency-emitting devices and L) cabling shall be allowed by the Public Safety Radio System a) Operator. Prior to installation, all RF-emitting devices shall have the certification of the radio licensing authority and be suitable for public safety use. 0` 0 Sec. 510.4.2.2. Technical criteria. The Public Safety W Radio System Operator shall provide the various w frequencies required, the location of radio sites, the effective radiated power of radio sites, the maximum 0 propagation delay in microseconds, the applications being used and other supporting technical information necessary 30 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 101 6.B.a for system design upon request by the building owner or a owner's representative. a Sec. 510.4.2.3. Power supply soureesStandby Power. Emergency responder radio coverage systems shall be provided with dedicated standby batteries or provided with 2-hour standby batteries and connected to the facility E a generator power system in accordance with Section 1203. The standby power supply shall be capable of operating the 0 U emergency responder radio coverage system at 100- L percent system capacity for a duration of not less than 12 i_ hours. Sec. 510.4.2.4. Signal booster requirements. If used, signal boosters shall meet the following requirements: m a� 1. All signal booster components shall be contained in a National Electrical Manufacturer's o Association (NEMA) 4, IP66-type waterproof cabinet or equivalent. as x Exception: Listed battery systems that are contained in 2 integrated battery cabinets. a 2. Battery systems used for the emergency LO power source shall be contained in a NEMA 3R or higher- rated cabinet, IP65-type waterproof cabinet or equivalent. 3. Equipment shall have FCC or other radio licensing authority certification and be suitable for public safety use prior to installation. L) L 4. Where a donor antenna exists, isolation shall U_ be maintained between the donor antenna and all inside M antennas to not less than 20dB greater than the system gain under all operating conditions. L) a) U 5. Bi-Directional Amplifiers (BDAs) used in emergency responder radio coverage systems shall be fitted with anti-oscillation circuitry and per-channel AGC. o` 0 6. The installation of amplification systems or systems that operate on or provide the means to cause w interference on any emergency responder radio coverage networks shall be coordinated and approved by the Public o Safety Radio System Operator. a� E 31 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 102 6.B.a 7. Unless otherwise approved by the Public a Safety Radio System Operator, only channelized signal a boosters shall be permitted. a� Exception: Broadband BDA's may be utilized when specifically authorized in writing by the Public Safety Radio System Operator. E a a� 0 Point of Information BDA's must also comply with PSERN's ;v (www.psern.org/requirements) detailed requirements, which include channelized, minimum of 28 channels, supporting analog, P25 Phase I (FDMA), and P25 Phase II c (TDMA). m Sec. 510.4.2.5. System monitoring. The emergency responder radio enhancement system shall include automatic supervisory and trouble signals that are 0 monitored by a supervisory service and are annunciated by i the fire alarm system in accordance with NFPA 72. The following conditions shall be separately annunciated by the fire alarm system, or, if the status of each of the following conditions is individually displayed on a dedicated panel on a the radio enhancement system, a single automatic supervisory signal may be annunciated on the fire alarm M system indicating deficiencies of the radio enhancement system: a 1. Loss of normal AC power supply. 0 2. System battery charger(s) failure. L) L 3. Malfunction of the donor antenna(s). M 4. Failure of active RF-emitting device(s). J� U a) 5. Low-battery capacity at 70-percent reduction of operating capacity. L 6. Active system component malfunction. 0 w 7. Malfunction of the communications link U between the fire alarm system and the in-building, two- W way, emergency responder i=adie-communication coverage W enha.,,eng system. a� E 32 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 103 6.B.a 8. Oscillation of active RF-emitting device(s). a a Sec. 510.4.2.6. Additional frequencies and change of frequencies. The emergency responder radio coverage system shall be capable of modification or expansion in the event frequency changes are required by the FCC or other radio licensing authority, or additional frequencies are E a made available by the FCC or other radio licensing authority. 0 U m L Sec. 510.4.2.7. Design documents. The fire code official shall have the authority to require "as-built" design documents and specifications for emergency responder communications coverage systems. The documents shall be in a format acceptable to the fire code official. m a� Sec. 510.4.2.8. Radio communication antenna density. Systems shall be engineered to minimize the o near-far effect. Radio enhancement system designs shall include sufficient antenna density to address reduced gain conditions. _ Exceptions: (L o� M N a+ 2. Systems where all portable devices within the CL same band use active power control. a� Sec. 510.5. Installation requirements. The installation L) of the public safety radio coverage system shall be in accordance with NFPA 1221 and Sections 510.5.1 through 510.5.78. M Sec. 510.5.1. Mounting of the donor antenna(s). To maintain proper alignment with the system designed donor site, donor antennas shall be permanently affixed on the highest possible position on the building or where approved by the fire code official. A clearly visible sign shall be oL placed near the antenna stating, "movement or o repositioning of this antenna is prohibited without approval from the fire code official." The antenna installation shall L) w be in accordance with the applicable requirements in the International Building Code for weather protection of the o building envelope. a� E 33 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 104 6.B.a 0. 0 Sec. 510.5.12. Approval prior to installation. a Amplification systems capable of operating on frequencies licensed to any public safety agency by the FCC or other radio licensing authority shall not be installed without prior coordination and approval of the Public Safety Radio System Operator. E a a� Sec. 510.5.23. Minimum qualifications of personnel. 0 U The minimum qualifications of the system designer and ;v lead installation personnel shall include both of the following: 1. A valid FCC-issued general radio telephone operators license. 3 m a� 2. Certification of in-building system training issued by an approved organization or approved school, or 0 a certificate issued by the manufacturer of the equipment being installed. a� x Sec. 510.5.34. Acceptance test procedure. Where an 2 emergency responder radio coverage system is required, and upon completion of installation, the building owner a shall have the radio system tested to verify that two-way LO coverage on each floor of the building is in accordance with Section 510.4.1. The test procedure shall be conducted as follows: a 1. Each floor of the building shall be divided into a grid of 20 approximately equal test areas, with a U maximum test area size of 6,400 square feet. Where the ;v floor area exceeds 128,000 square feet, the floor shall be U_ divided into as many approximately equal test areas as M needed, such that no test area exceeds the maximum square footage allowed for a test area. L) a) U 2. Coverage testing of signal strength shall be conducted using a calibrated spectrum analyzer for each of the test grids. A diagram of this testing shall be created 0` for each floor where coverage is provided, indicating the o testing grid used for the test in Section 510.5.3(1), and W including signal strengths and frequencies for each test w area. Indicate all critical areas. 0 3. Functional talk-back testing shall be conducted using two calibrated portable radios of the latest 34 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 105 6.B.a brand and model used by the agency's radio a communications system or other equipment approved by a the fire code official. Testing shall use Digital Audible Quality (DAQ) metrics, where a passing result is a DAQ of 3 or higher. Communications between handsets shall be tested and recorded in the grid square diagram required by section 510.5.3(2): each grid square on each floor; E a between each critical area and a radio outside the building; between each critical area and the fire command center or 0 U fire alarm control panel; between each landing in each ;v stairwell and the fire command center or fire alarm control panel. 4. Failure of more than 5% of the test areas on any floor shall result in failure of the test. m a� Exception: Critical areas shall be provided with 99 percent floor area coverage. o c 5. In the event that two of the test areas fail the test, in order to be more statistically accurate, the floor = shall be permitted to be divided into 40 equal test areas. 2 Failure of not more than two nonadjacent test areas shall not result in failure of the test. If the system fails the 40- a area test, the system shall be altered to meet the 95- LO percent coverage requirement. FIL a� 6. A test location approximately in the center of each test area shall be selected for the test, with the radio enabled to verify two-way communications to and from the outside of the building through the public agency's radio L) communications system. Once the test location has been selected, that location shall represent the entire test area. U_ Failure in the selected test location shall be considered to M be a failure of that test area. Additional test locations shall not be permitted. L) a) U 7. The gain values of all amplifiers shall be measured, and the test measurement results shall be kept on file with the building owner so that the measurements 0` can be verified during annual tests. In the event that the o measurement results become lost, the building owner shall be required to rerun the acceptance test to reestablish the w gain values. 0 8. As part of the installation, a spectrum analyzer or other suitable test equipment shall be utilized 35 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 106 6.B.a to ensure spurious oscillations are not being generated by a the subject signal booster. This test shall be conducted at a the time of installation and at subsequent annual inspections. E 9. Systems incerperating Class B signal bee .d....iees eF Class Q 4 Fea dban d fubeF F ete ,d,,.,,ees shall be E a tested using two portable radios simultaneously conducting subjective voice quality checks. One portable radio shall 0 U be positioned not greater than 10 feet (3048 mm) from the 0 indoor antenna. The second portable radio shall be i- positioned at a distance that represents the farthest distance from any indoor antenna. With both portable radios simultaneously keyed up on different frequencies within the same band, subjective audio testing shall be 3 conducted and comply with DAQ levels as specified in 00 a� Sections 510.4.1.1 and 510.4.1.2. c 0 10. At the conclusion of the testing, and prior to issuance of the building Certificate of Occupancy, the building owner or owner's representative shall place a copy = of the following records in the DAS enclosure or the 2 building engineer's office. The records shall be available to the fire code official and maintained by the building owner a for the life of the system: LO M a. A certification letter stating that the emergency responder radio coverage system has been installed and tested in accordance with this code, and that the system is complete and fully functional. 0 U b. The grid square diagram created as ;v part of testing in Sections 510.5.3(2) and 510.5.3(3). M C. Data sheets and/or manufacturer specifications for the emergency responder radio coverage L) system equipment; back up battery; and charging system 0 (if utilized). c c d. A diagram showing device locations 0 and wiring schematic, o w e. A copy of the electrical permit. w 11. At the conclusion of the testing, and prior to 0 issuance of the building Certificate of Occupancy, the building owner or owner's representative shall submit 36 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 107 6.B.a r copies of the acceptance test in a form and manner a determined by the fire code official. a r Sec. 510.5.45. FCC compliance. The emergency responder radio coverage system installation and components shall comply with all applicable federal regulations including, but not limited to, FCC 47 CFR Part E a 90m2l9m O U See. 510.5.1. Mounting of the donor antenna(s). Te aD L_ ite, dener antennas shall be permanently affixed en the highest possible pesitien en the building or where appFeved :a m 1TeTTT the-TIT e eTfTe�LT . The ZanCeC en shall ++ C O a1 building envelope. C L d Sec. 510.5.6. Wiring. The backbone, antenna 2 distribution, radiating, or any fiber-optic cables shall be rated as plenum cables. The backbone cables shall be a connected to the antenna distribution, radiating, or copper LO cables using hybrid coupler devices of a value determined by the overall design. Backbone cables shall be routed r through an enclosure that matches the building's required fire-resistance rating for shafts or interior exit stairways. The connection between the backbone cable and the antenna cables shall be made within an enclosure that U matches the building's fire-resistance rating for shafts or ;v interior exit stairways, and passage of the antenna distribution cable in and out of the enclosure shall be M protected as a penetration per the International Building Code. a� Sec. 510.5.7. Identification Signs. Emergency responder radio coverage systems shall be identified by an approved sign located on or near the Fire Alarm Control o Panel or other approved location stating "This building is o equipped with an Emergency Responder Radio Coverage System. Control Equipment located in room w A sign stating "Emergency Responder Radio Coverage o System Equipment" shall be placed on or adjacent to the a� E 37 Amend KCC 13.01 - r Re: Fire Codes a Packet Pg. 108 6.B.a door of the room containing the main system a components. a Sec. 510.6. Maintenance. The emergency responder radio coverage system shall be maintained operational at all times in accordance with Sections 510.6.1 through 510.6.7. E a as Sec. 510.6.1. Testing and proof of compliance. The 0 U owner of the building or owner's authorized agent shall ;v have the emergency responder radio coverage system i_ inspected and tested annually or where structural changes occur including additions or remodels that could materially change the original field performance tests. Testing shall consist of the following items (1) through (7): m a� 1. In-building coverage test as required by the fire code official as described in Sections 510.5.3 0 ("Acceptance test procedure") or 510.6.1.1 ('Alternative in-building coverage test"). 0 a� x Exception: Group R Occupancy annual testing is not required within dwelling units. a 2. Signal boosters shall be tested to verify that LO LO the gain/output level is the same as it was upon initial installation and acceptance or set to optimize the performance of the system. a 3. Backup batteries and power supplies shall be tested under load of a period of 1 hours to verify that they L) will properly operate during an actual power outage. If within the 1-hour test period the battery exhibits symptoms of failure, the test shall be extended for M additional 1-hour periods until the integrity of the battery can be determined. a� U 4. If a fire alarm system is present in the 0 building, a test shall be conducted to verify that the fire alarm system is properly supervising the emergency 0 responder communication system as required in Section o 510.4.2.5. The test is performed by simulating alarms to the fire alarm control panel. The certifications in Section w 510.5.2 are sufficient for the personnel performing this testing. 0 a� E 38 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 109 6.B.a 5. ^theF All active components shall be checked a to verify operation within the manufacturer's a specifications. a� 6. At the conclusion of the testing, a report, which shall verify compliance with Section 510.6.1, shall be submitted to the fire code official by way of the E a department's third-party vendor thecomplianceengine.com 0 U m L 7. At the conclusion of testing, a record of the inspection and maintenance along with an updated grid diagram of each floor showing tested strengths in each grid square and each critical area shall be added to the documentation maintained on the premises in accordance 3 with Section 510.5.3. 00 a� Sec. 51O.6.1.1. Alternative In-building coverage o test. When the comprehensive test documentation required by Section 510.5.3 is available, or the most recent full five-year test results are available if the system is older = than six years, the in-building coverage test required by 2 the fire code official in Section 510.6.1(1), may be conducted as follows: (L LO LO 1. Functional talk-back testing shall be FIL conducted using two calibrated portable radios of the latest brand and model used by the agency's radio communications system or other equipment approved by the fire code official. Testing shall use Digital Audible Quality (DAQ) metrics, where a passing result is a DAQ of L) 3 or higher. Communications between handsets in the following locations shall be tested: between the fire U_ command center or fire alarm control panel and a location M outside the building; between the fire alarm control panel and each landing in each stairwell. L) a) U 2. Coverage testing of signal strength shall be conducted using a calibrated spectrum analyzer for: L O a. Three grid areas per floor. The three o grid areas to be tested on each floor are the three grid areas with poorest performance in the acceptance test or w the most recent annual test, whichever is more recent; and o a� E 39 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 110 6.B.a b. Each of the critical areas identified in a acceptance test documentation required by Section a 510.5.3, or as modified by the fire code official, and a� C. One grid square per serving antenna. c a� 3. The test area boundaries shall not deviate E a from the areas established at the time of the acceptance test, or as modified by the fire code official. The building 0 U shall be considered to have acceptable emergency ;v responder radio coverage when the required signal i_ strength requirements in 510.4.1.1 and 510.4.1.2 are located in 95 percent of all areas on each floor of the building and 99 percent in Critical Areas, and any non- functional serving antenna are repaired to function within normal ranges. If the documentation of the acceptance 00 a� test or most recent previous annual test results are not available or acceptable to the fire code official, the radio 0 coverage verification testing described in 510.5.3 shall be conducted. a� x Point of Information 2 The alternative in-building coverage test provides an alternative testing protocol for the in-building coverage a test in subsection (1) of section 510.6.1. There is no LO change or alternative to annual testing requirements FIL enumerated in subsections (2) - (7) of Section 510.6.1, r which must be performed at the time of each annual test. a Sec. 510.6.2. Additional frequencies. The building owner shall modify or expand the emergency responder U radio coverage system at his or her expense in the event frequency changes are required by the FCC or other radio U_ licensing authority, or additional frequencies are made M available by the FCC or other radio licensing authority public safety radio system operator or FCC license holder. L) Prior approval of a public safety radio coverage system on a) previous frequencies does not exempt this section. 0 c Sec. 510.6.3. Nonpublic safety system. Where other o` nonpublic safety amplification systems installed in o buildings reduce the performance or cause interference with the emergency responder communications coverage w system, the nonpublic safety amplification system shall be corrected or removed. o a� E 40 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 111 6.B.a r Sec. 510.6.4. Field testing. Agency personnel shall have a the right to enter onto the property at any reasonable time a to conduct field testing to verify the required level of radio r coverage or to disable a system that due to malfunction or poor maintenance has the potential to impact the emergency responder radio system in the region. E Q Sec. 13.01.070. Amendments to the International Fire Code - o U Chapter 6, Building Services and Systems. The following local L amendments to Chapter 6 of the International Fire Code, entitled 'Building Services and Systems," including all amendments enacted by the state of c Washington, are hereby adopted and incorporated into the International Fire Code as follows: 00 aD c 0 a� c "Mechanical " is L d See. 605.6. Testing of equipment. ReftigeFatien equipment and syste LO 0 having a refrigerant eircuit ngere than 220 peunds of Group A! er 30 peunds M ef any etheF gFOUP refrigerant shall be subject to peFiedic testing aaccerdanEe with Section 605.6.1. A wFmtten recerd of the required testing R Q / a cepyO U shall be subn9otted On a ferm and manner deterngined by the fire code efficial a� within 30 calendar days of the L LL and a label or tag shall be affixed te I testing;devices OF systengs i=equired by this chaptei= shall be conducted by persen-s T the individual systern identifying the date of the testing. Tests ef ernergency U_ tFained and qualified on FefFigei=atlien systems. d c R c L -13A. Commercial ' teem heedsCooking Equipment and Systems - Where 0 required. Section 606-7 of the International Fire Code, entitled "Commercial � U Kitchen HeedsCooking Equipment and Systems," is amended by adding the � following subsections to section 6G7606.2: o r a� E 41 Amend KCC 13.01 - r Re: Fire Codes a Packet Pg. 112 6.B.a r Sec. 60-7606.2.2. Permit Required. Permits shall be -0 required as set forth in Section 105.65. a y Sec. 607606.2.3. Approved drawing. The stamped and E approved cook line drawing shall be displayed adjacent to the suppression system pull station prior to the final E inspection. The approved drawing shall be maintained and a available for inspection. o U LrGEe er-eialkitehe~ heedsneeaSeEF;, . cnn oF r.,t _., t e i _ G d , entitled-' l Kitehen Heeds," amended by substituting subsection 607.3.3.3 with the fellewing� See 6 . 607.3.3.3. Records. Recerds fer ... ctio s shall state the m r O t ef the C / and the date en whieh the inspeetien teek plaee. O Records feF cleanings shall state the individual and cempa" a1 perfernging the cleaning and the date en which the cleaning te years; a copy shall be submitted in a ferm and manner ,deteFffinned by the fore code efficial within 30 days of the C L d V LO L(� M_ Sec. 13.01.080. Amendments to the International Fire Code - (D r Chapter 7, Fire and Smoke Prevention Features. The following local a amendments to Chapter 7 of the International Fire Code, entitled "Fire and � O Smoke Prevention Features," including all amendments enacted by the state ) L of Washington, are hereby adopted and incorporated into the International Fire Code as follows: r U_ d A. Fire and Smoke Prevention Features - Hold-open devices and closures. Section 705 of the International Fire Code, entitled "Door and L Window Openings," is amended by substituting 705.2.3 with the following: 0 w Sec. 705.2.3. Hold-open devices and closers. Hold- w open devices and automatic door closures, where provided, shall be maintained. During the period that such device is o out of service for repairs, the door it operates shall remain U in the closed position. E 42 Amend KCC 13.01 - r Re: Fire Codes a Packet Pg. 113 6.B.a r Q. 0 The fire code official is authorized to require the installation a of hold-open devices of existing door installations where r there has been documented use of door closure impairment devices. c a� E Q 0 U by substituting 705.2.6 with the fellewing- aD L_ U_ shall be maintained en the premises fer three years; a cepy See. 705.2.6. Testing. Herizental, vertical sliding and ° nclovidual assembly identifying the date ef the scheduled nspectien eF test; and a label er tag shall be affixed to the eenfodenee test. V Sec. 13.01.090. Amendments to the International Fire Code - a Chapter 9, Fire Protection Systems. The following local amendments to LO Chapter 9 of the International Fire Code, entitled "Fire Protection and Life aD r Safety Systems," including all amendments enacted by the state of a Washington, are hereby adopted and incorporated into the International Fire Code as follows: ° U a� L A. Fire protection systems - Scope and application. Section 901 of the M International Fire Code, entitled "General," is amended by substituting subsection 901.1 with the following: U° c �a Sec. 901.1. Scope and application. The provisions of this chapter shall apply to all occupancies and buildings, o shall specify where fire protection systems are required, o and shall apply to the design, installation, inspection, operation, testing, and maintenance of all fire protection w systems; however, nothing contained in this chapter shall diminish or reduce the requirements of any duly adopted o building codes, including state and local amendments, or other city ordinances, resolutions, or regulations. In the 43 Amend KCC 13.01 - r Re: Fire Codes a Packet Pg. 114 6.B.a r event of any conflict in requirements among these codes, a ordinances, resolutions, or regulations, the more stringent a provision shall apply. r c a� B. Fire protection systems - Fire Watch for Impaired Fire Protection c Systems. Section 901 of the International Fire Code, entitled "Fire protection E a systems," is amended by adding the following new subsection 901.7.7. O U a� L Sec. 901.7.7. Fire watch for impaired fire protection U- systems. In the event of the emergency responder communication system, fire alarm system, fire sprinkler system or any other required fire protection system; or an excessive number of preventable alarm activations, the fire 3 code official is authorized to require the building owner or 00 aD occupant to provide approved standby personnel until the system is restored, repaired, or replaced. o c Rre L d / entitled / 3 with the (� ♦2 LO / M tests and maintenance required by the refeFenEed O standards shall be maintained on the premises fOF three a label eF tag shall be affixed te the individual sys identifying the date ef the sEheduled confidenEe test. R O U a� L U- C. Fire protection systems - General. Section 901 of the International r Fire Code, entitled "General," is amended by adding the following new a� subsection 901.11: c Sec 901.11. Emergency contacts. It shall be the 0 responsibility of the owner of any monitored fire protection o system to provide and maintain a minimum of three emergency contacts that are capable of responding to the w system location with their monitoring company. 0 U r c d E t 44 Amend KCC 13.01 - r Re: Fire Codes a Packet Pg. 115 6.B.a 0. D. Fire protection systems - Definitions. Section 902 of the International -0 Fire Code, entitled "Definitions," is amended by adding the following to the a N r list in subsection 902.1: E c PROBLEMATIC FIRE PROTECTION SYSTEM E a E. Automatic sprinkler systems - Where required. Section 903 of the o U International Fire Code, entitled "Automatic Sprinkler Systems," is amended 0 by substituting subsection 903.2 with the following: Sec. 903.2. Where required. Approved automatic fire sprinkler systems shall be installed as follows: m a� 1. In all buildings without adequate fire flow. r- 0 Exception: Miscellaneous Group U Occupancies. L 2. All new buildings and structures regulated by = the International Building Code requiring 2,000 gallons per 2 minute or more fire flow, or with a gross floor area of 10,000 or more square feet (929 mz), or where this code a provides a more restrictive floor/fire area requirement, and LO shall be provided in all locations or where described by this code. 0 Exception: Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution L) equipment, batteries, and standby engines, provided those ;v spaces or areas are equipped throughout with an automatic U- smoke detection system in accordance with Section 907.2 M and are separated from the remainder of the building by not less than 1 hour fire barriers constructed in accordance L) with Section 707 of the International Building Code or not 0 less than 2 hour horizontal assemblies constructed in accordance with Section 712 of the International Building Code, or both. o` 0 3. Where this code requires the installation of an automatic sprinkler system to protect an occupancy within w an otherwise non-sprinklered building, then automatic sprinkler protection will be required throughout the entire o building. a� E 45 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 116 6.B.a 4. When the required fire apparatus access a roadway grade is 12 percent or greater. a F. Automatic sprinkler systems - Speculative use warehouses. Section E 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," � a� is amended by adding the following new subsection 903.2.9.35: E a a� 0 Sec. 903.2.9.35. Speculative use warehouses. Where U the occupant, tenant, or use of the building or storage ;v commodity has not been determined or it is otherwise a speculative use warehouse or building, the automatic sprinkler system shall be designed and installed to protect c not less than Class IV non-encapsulated commodities on wood pallets, with no solid, slatted, or wire mesh shelving, m and with aisles that are 8 feet or more in width and up to 20 feet in height. 0 0� c G. Automatic sprinkler systems - Installation Requirements. Section 903 a� of the International Fire Code, entitled "Automatic Sprinkler Systems," is � amended by substituting subsection 903.3 with the following: a o� LO LO Sec. 903.3. Installation Requirements. Automatic FIL sprinkler systems shall be designed and installed in accordance with Sections 903.3.1 through 903.3.9. a a� GH. Automatic sprinkler systems - Check valve. Section 903 of the o U International Fire Code, entitled "Automatic Sprinkler Systems," is amended � i� by adding the followings new subsection 903.3.9 as fellews: M t Sec. 903.3.9. Check valve. All automatic sprinkler system risers shall be equipped with a check valve. r_ c #I. Automatic sprinkler systems - Riser room access. Section 903 of the o International Fire Code, entitled "Automatic Sprinkler Systems," is amended o w by adding the followings new subsection 903.7 as fellews: w Sec. 903.7. Riser room access. All risers shall be located o in a dedicated room with an exterior door, and with lighting and heat for the room. E 46 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 117 6.B.a r Q. 0 Ti. Fire alarm and detection systems - General. Section 907 of the a International Fire Code, entitled "Fire Alarm and Detection Systems," is a� amended by substituting subsection 907.1.3 with the following: c a� E Q Sec. 907.1.3• Equipment. Systems and their components shall be listed and approved for the purpose 0 U for which they are installed. All new alarm systems shall be L addressable. Each device shall have its own address and i- shall annunciate individual addresses at a UL Central Station. c 4K. Fire alarm and detection systems - Initiating device identification. 3 m Section 907 of the International Fire Code, entitled "Fire Alarm and Detection � Systems," is amended by substituting subsection 907.6.3 with the following: 0 c L Sec. 907.6.3 Initiating device identification. The fire alarm system shall identify the specific initiating device address, location, device type, floor level where applicable and status including indication of normal, alarm, trouble a and supervisory status, as appropriate. LO M Exception: Special initiating devices that do not support individual device identification. a Records.Rre alarm and detectien systems Section 907 of /. 0 / / U amended by adding a new subseEtien 907.8.5.1 as a� L follows: U- ctiens, tests and maintenance i=eqU'Fed by the See. 907.8.5.1. Records. Records ef all systern IrefleFenced standaFds shall be maintained on the pFeng' d c.� c ra eepy shall be subn9itted On a f6ffn andR C ealendaF days ef each L test, inspection, OF maintenance of O system;the and a label OF tag shall be affixed to the Q W test.eenfodence W d' O U r c d E t 47 Amend KCC 13.01 - r Re: Fire Codes a Packet Pg. 118 6.B.a r L. Fire alarm and detection systems - Latched alarms. Section 907 of 0 a the International Fire Code, entitled "Fire Alarm and Detection Systems," is y r amended by adding the followinaaa new subsection 907.12 as fellews: E c Sec. 907.12. Latched alarms. All signals shall be E automatically "latched" at the fire alarm control unit until a their operated devices are returned to normal condition, o and the control unit is manually reset. U aD L_ U- M. Fire alarm and detection systems - Resetting. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is c amended by adding the followings new subsection 907.13 a 3 m a� Sec. 907.13. Resetting. All fire alarm control units shall be reset only by an approved person. 0 c L Sec. 907.13.1. Reset code. The reset code for the fire alarm control unit or keypad shall be 3-7-1-2-3-4-5. The reset code shall not be changed without approval of the fire code official. LO a o� N. Fire alarm and detection systems - Fire alarm control unit location. M Section 907 of the International Fire Code, entitled "Fire Alarm and Detection r Systems," is amended by adding the followings new subsection 907.14-as a follows: 0 U a� Sec. 907.14. Fire alarm control unit location. All fire alarm control units shall be located in the riser room designed and installed in accordance with Section 903.7, r or an approved location. U_ d inteffiatienal Fire c.� c R c / / is amended by 0 substituting •20.2 with the fellewing: W U W /� See.909.20.2.Want Cen reeer d. The FCGeTds sh77Q'1-f1Tdude the date ef the / 0 peFSennel and netificatien of any unsatisfactory condo i r c / including pd E t 48 Amend KCC 13.01 - r Re: Fire Codes a Packet Pg. 119 6.B.a r Q. 0 testing and maintenance shall be maintained en the Q y d E systemC rand a label eF tag shall be affixed te thed Q d PO. Fire protection systems - Signs. Section 912 of the International Fire 0 U Code, entitled "Fire Department Connections," is amended by substituting L i_ 912.5 with the following: c �a Sec. 912.5. Signs. Fire department connections shall be 3 clearly identified in an approved manner. 00 aD All fire department connections shall have an approved o sign attached below the Siamese clapper. The sign shall specify the type of water-based fire protection system, the structure, and the building areas served. _ Sec. 13.01.100. Amendments to the International Fire Code - a o� Chapter 11, Construction Requirements for Existing Buildings. The M following local amendments to Chapter 11 of the International Fire Code, r entitled "Construction Requirements for Existing Buildings," including all a amendments enacted by the state of Washington, are hereby adopted and 0 incorporated into the International Fire Code as follows: L LL A. Fire safety requirements for existing buildings - Additions and M r alterations. Section 1103 of the International Fire Code, entitled "Fire Safety Requirements for Existing Buildings," is amended by adding the followings new subsection 1103.5.6 as follows: c L O Sec. 1103.5.6. Substantial Alterations. The provisions o of this chapter shall apply to substantial alterations to existing buildings regardless of use when a substantial w alteration occurs in a structure equaling 10,000 or greater square feet. For purposes of this section, a substantial o alteration shall be defined as an alteration that costs 50 percent or more of the current assessed value of the 49 Amend KCC 13.01 - r Re: Fire Codes a Packet Pg. 120 6.B.a structure and impacts more than 50% of the gross floor a area. a B. Fire safety requirements for existing buildings - Fire alarm systems. E Section 1103 of the International Fire Code, entitled "Fire Safety a� Requirements for Existing Buildings," is amended by substituting 1103.7 E a with the following: o U m L Sec. 1103.7 Fire alarm systems. An approved fire alarm system shall be installed in existing buildings and structures in accordance with Sections 1103.7.1 through c 1103.7.7 and provide occupant notification in accordance with Section 907.5 unless other requirements are provided m by other sections of this code. c 0 8C. Fire safety requirements for existing buildings - Fire alarm control L unit replacement. Section 1103 of the International Fire Code, entitled "Fire � x Safety Requirements for Existing Buildings," is amended by adding the 2 followings new subsection 1103.7.7 as follows: (L a� LO LO Sec. 1103.7.7. Fire alarm control unit replacement. If FIL an existing fire alarm control unit is replaced with identical equipment that has the same part number it shall be considered maintenance. a� 0 Sec. 13.01.110. Amendments to the International Fire Code - a� L Chapter 80, Referenced Standards. The following local amendments to Chapter 80 of the International Fire Code, entitled "Referenced Standards," including all amendments enacted by the state of Washington, are hereby L) 0 adopted and incorporated into the International Fire Code as follows: 0 c A. Referenced standards - NFPA. Section NFPA of the International Fire 0 Code, entitled "Referenced Standards," is amended by modifying the w standard reference number dates of publication as follows: w 0 13-1-922 Installation of Sprinkler Systems r c as E 50 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 121 6.B.a Q. 13D-1922 Installation of Sprinkler Systems in One- and Two- -°a a family Dwellings and Manufactured Homes 13R-1922 Installation of Sprinkler Systems in Residential E Occupancies up to and Including Four Stories in Height O 20-1922 Installation of Stationary Pumps for Fire Protection U N L_ U_ 24-1-922 Installation of Private Fire Service Mains and Their Appurtenances c 72-1-922 National Fire Alarm and Signaling Code 3 m a� 110-1922 Emergency and Standby Power Systems c O 111-4922 Stored Electrical Energy Emergency and Standby L Power Systems x 1225-22 Standard for Emergency Services Communications a :720-15 LO LO WaFning Equipment 1installatien, Maintenanee, and Use ef En9ei=geney N O U a� Sec. 13.01.120. Amendments to the International Fire Code - LL Appendix B, Fire-Flow Requirements for Buildings. The following local M amendments to Appendix B to the International Fire Code, entitled "Fire- Flow Requirements for Buildings," including all amendments enacted by the state of Washington, are hereby adopted and incorporated into the International Fire Code as follows: o` 0 W A. Modifications - Increases. Section B103 of the International Fire U W Code, entitled "Modifications," is amended by substituting subsection B103.2 � with the following: a� E 51 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 122 6.B.a r B103.2. Increases. The fire chief is authorized to -0 increase the fire-flow requirements where exposures could a be impacted by fire. An increase shall not be more than r twice that required for the building under consideration. E Exception: For one- and two-family residences when either of the following conditions apply: E a� 1. The building and exposure are equipped with 0 U the 1-hour fire resistant rated exterior walls tested in L accordance with ASTM E 119 or UL 263 with exposure on U_ the exterior side and projections with 1-hour underside protection, fire blocking installed from the wall top plate to the underside of the roof sheathing and no gable vent openings. 3 m aD 2. The walls are a distance greater than 11' to the nearest exposure or lot line; or face an unbuildable lot, 0 tract or buffer. The distance shall be measured at right angles from the face of the wall. a� x B. Fire-flow requirements for buildings. Section B105 of the International 2 Fire Code, entitled "Fire-Flow Requirements for Buildings," is amended by a substituting section B105 with the following: LO M B105.1. One- and two-family dwellings. Fire-flow requirements for one- and two-family dwellings shall be in a accordance with Sections B105.1.1 through B105.1.32. 0 B105.1.1. Buildings less than 3,600 square feet. The minimum fire-flow and flow duration requirements for buildings less than 3,600 square feet shall be 1,000 gallons per minute for 1 hour. r U Exception: A reduction in required fire-flow of 50 percent, 0 as approved, is allowed when the building is equipped with an approved automatic sprinkler system. c L B105.1.2. Buildings greater than 3,600 square feet or more. The minimum fire-flow and flow duration w requirements for buildings that are 3,600 square feet or larger shall not be less than that specified in Table LU B105.1(2). W 0 U r c d E t 52 Amend KCC 13.01 - r Re: Fire Codes a Packet Pg. 123 6.B.a r Exception: A reduction of fire-flow and flow duration to a 1,000 gallons per minute for 1 hour, as approved, is a allowed when the building is equipped with the following: r a� 1. An approved automatic sprinkler system. c B105.2. Buildings other than one- and two-family E dwellings. The minimum fire-flow and flow duration for a buildings other than one- and two-family dwellings shall be o as specified in Table B105.1(2). U aD L Exception: A reduction in required fire-flow of 50 percent, as approved, is allowed when the building is provided with an approved automatic sprinkler system. The resulting fire- c flow shall not be less than 1,500 gallons per minute for the prescribed duration as specified in Table B105.1(2). m a� B105.2.1. Tents and Membrane structures. No fire flow is required for tents and membrane structures. °a, c L B105.2.2. Accessory residential Group U buildings. Accessory residential Group U buildings shall comply with the requirements of B105.1. a B105.3. Water supply for buildings equipped with an automatic sprinkler system. For buildings equipped with M an automatic sprinkler system, the water supply shall be capable of providing the greater of: a 1. The automatic sprinkler system demand, including hose stream allowance. o U a� 2. The required fire flow. U_ C. Fire-flow requirements for buildings. Section B105 of the International r Fire Code, entitled "Fire-Flow Requirements for Buildings," is amended by � a� deleting the following tables from section B105: c Table B105.1(1). Required Fire-Flow for One- and o two-family dwellings, Group R-3 and R-4 Buildings o and Townhouses. w U W Table B105.2. Required Fire-Flow for Buildings Other than One- and two-family dwellings, Group R-3 and o R-4 Buildings and Townhouses. c a� E 53 Amend KCC 13.01 - r Re: Fire Codes a Packet Pg. 124 6.B.a 0. D. Section B105 of the International Fire Code is amended by adding new subsection 13105.4 as follows: a N d B105.4. Alternative Fire Flow Mitigation. For development projects, where it has been determined not feasible to extend the water main by the local water E a purveyor, the following alternative fire flow mitigations are approved for use in accordance with Sections 13105.4.1 0 U through 13105.4.2 0 i� B105.4.1. One- and two-family dwellings. Fire flow will not be required for one- and two-family dwellings if all of the following mitigations are met; 1. The fire-flow calculation area is less than 00 a� 3600 square feet c 0 2. The construction type of the dwelling is Type VA as x 3. The dwelling is equipped with an eeRtFal 2 tatmen menotered automatic fire sprinkler system installed in accordance with Section 903.3.1.3 with a water supply a of no less than 30 minutes LO LO M 4. The dwelling has a fire separation distance of no less than 150 feet on all sides 0_ B105.4.2. Buildings other than one- and two-family dwellings. Fire flow will not be required for buildings other U than one- and two-family dwellings if all of the following mitigations are met; M 1. The fire-flow calculation area is less than 3600 square feet as 2. The construction type of the dwe"H building is not Type VB L 0 3. The dwe4ni building is equipped with an o eeHtFa' statien McHite_ d automatic fire sprinkler system W installed in accordance with Section 903.3.1.1 with a water w supply of no less than 30 minutes 0 4. The dweFFiig--buildina has a fire separation distance of no less than 150 feet on all sides a E 54 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 125 6.B.a Q. 0 Sec. 13.01.130. Fire codes — Fees. The city council shall, by a resolution, establish the fees to be assessed to implement and enforce the a� fire codes adopted in this title. c a� E a Sec. 13.01.140. Appeals. 0 A. Appeals to the hearing examiner. a� L 1. Jurisdiction. In order to hear and decide appeals of orders, determinations, or decisions made by the fire code official relative to the suitability of alternate materials, designs, and methods of construction, and to provide for reasonable application and interpretation of the provisions of m a� the International Fire Code, the city of Kent hearings examiner is hereby c designated as the board of appeals created pursuant to Section 198111 of a� c the International Fire Code adopted in KCC 13.01.030 for all matters a� concerning the application of the fire codes. The city hearings examiner, however, shall have no authority relative to interpretation of the a administrative provisions of these codes, nor shall the city hearings LO LO examiner be empowered to waive requirements of these codes. 2. Filing. Appeals shall be filed with the hearings examiner by 5:00 CL p.m. of the fourteenth calendar day following the date of the order, a� determination, or decision being appealed. When the last day of the appeal 0 U period so computed is a Saturday, Sunday, or federal or city holiday, the ;v i� period shall run until 5:00 p.m. on the next business day. The appeal shall M be accompanied by payment of the filing fee. Specific objections to the fire U code official's decision and the relief sought shall be stated in the written U appeal. c 3. Standing. Standing to bring an appeal under this chapter is o limited to the following persons: o w a. The applicant and the owner of property to which the L) w permit decision is directed. b. Another person aggrieved or adversely affected by the order, determination, or decision, or who would be aggrieved or adversely 55 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 126 6.B.a r affected by a reversal or modification of the order, determination, or 0 decision. A person is aggrieved or adversely affected within the meaning of a y r this section only when all of the following conditions are present: E i. The order, determination, or decision has a� prejudiced or is likely to prejudice that person; E a ii. A judgment in favor of that person would o U substantially eliminate or redress the prejudice to that person caused or L likely to be caused by the order, determination, or decision; and iii. The appellant has exhausted his or her c administrative remedies to the extent required by law. m a� B. Appeals to superior court. Appeals to the hearings examiner shall be c made pursuant to Chapter 2.32 KCC. The decision of the hearings examiner 0 c shall be final and conclusive unless within twenty-one (21) calendar days of a� the hearings examiner's decision an appeal is filed with the superior court. When the last day of the appeal period so computed is a Saturday, Sunday, a or federal or city holiday, the period shall run until the next business day. LO M SECTION 2. - Severability. If any one or more section, subsection, r or sentence of this ordinance is held to be unconstitutional or invalid, such a decision shall not affect the validity of the remaining portion of this ordinance 0 and the same shall remain in full force and effect. L LL SECTION 3. - Corrections by City Clerk or Code Reviser. Upon M r approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or c references to other local, state, or federal laws, codes, rules, or regulations. o 0 w SECTION 4. - Code Synchronization. The changes to the fire code w provisions enacted herein shall be implemented simultaneously with the state code's change, currently scheduled to be implemented July 1, 2023. r However, if the Washington State Building Code Council further delays a E 56 Amend KCC 13.01 - r Re: Fire Codes a Packet Pg. 127 6.B.a implementation of the state codes referenced by this ordinance, the a implementation of this ordinance shall similarly be delayed to coincide with a N r the implementation date of the state codes. E c a� SECTIONS. - Effective Date. This ordinance will take effect and be E a in force thirty days from and after its passage, as provided by law. o U m L_ U- May 16, 2023 DANA RALPH, MAYOR Date Approved 3 m as ATTEST: 0 c L May 16, 2023 = KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted a May 19, 2023 LO LO Date Published a� APPROVED AS TO FORM: a� 0 U a� L TAM MY WHITE, CITY ATTORNEY M t U m c tv c :a L O W U W d' O U r c m E t 57 Amend KCC 13.01 - r Re: Fire Codes Q Packet Pg. 128 6.B.b c a� E c a� E Q a� 0 ORDINANCE NO. 4463 v a� L U_ AN ORDINANCE of the City Council of the City of Kent, Washington, amending various sections m of Ch. 14.01 of the Kent City Code to adopt the 2021 editions of the International Building, Residential, o Mechanical, Existing Building, Property = Maintenance, and Energy Conservation Codes and the Uniform Plumbing Code. _ 3 (L RECITALS LO A. In response to legislative amendments adopted by the State of a� r Washington, the Kent City Council enacted Ordinance No. 4387 on a December 8, 2020, which adopted the 2018 editions of the International a� Building, Residential, Existing Building, Mechanical, and Energy 0 U Conservation Codes, and the 2018 edition of the Uniform Plumbing Code. At the end of 2022, the state adopted the 2021 edition of these codes, which o are all scheduled to take effect and apply to all cities in the state on July 1, r 2023. Given the upcoming effective date of these state-adopted codes, it is necessary to similarly amend the Kent City Code to formally adopt the same. c B. With the adoption of Ordinance 4387, the City Council also pL adopted the 2018 edition of the International Property Maintenance Code w for application and enforcement in Kent. The International Property w Maintenance Code was not a mandatory code adopted for application within o the entire state; rather, it was a code available that Kent elected to adopt r to assist with code enforcement efforts. The International Code Council recently published the 2021 edition of the International Property L) w r Q 1 Amend KCC 14.01 - Re: Building Codes Packet Pg. 129 6.B.b Maintenance Code. Therefore, it is appropriate to amend the Kent City Code r c to similarly adopt the updated 2021 edition. c ° C. In addition to adopting the 2021 code editions and Washington E State Amendments, this ordinance also makes local amendments to clarify c permit application expiration timelines. The Washington State Building Code L Council allows the adoption of local amendments to the administrative U_ provisions of the codes without approval, pursuant to RCW 19.27.040 and c WAC 51-04-030. m D. Finally, the ordinance makes other housekeeping amendments, c such as renaming titles to be consistent with the state-adopted codes, ° renumerating local amendments to avoid conflicts with the state-adopted ° codes, and renumerating the Kent City Code to account for repealed = sections. ° (L E. On March 31, 2023, the City's State Environmental Policy Act LO M (SEPA) Responsible Official determined the ordinance was a nonproject r ° action exempt from SEPA under RCW 43.21C.450. a a� F. On April 24, 2023, the City requested expedited review under o U RCW 36.70A.106 from the Washington State Department of Commerce regarding the City's proposed local amendments to the codes adopted o through this ordinance. The Washington State Department of Commerce r acknowledged receipt of this request on April 24, 2023, and is anticipated the expedited review will be granted without comment prior to the July 1, ° 2023 implementation date. L O NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, LU WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: O U r c m E t L) w r Q 2 Amend KCC 14.01 - Re: Building Codes Packet Pg. 130 6.B.b ORDINANCE r c as SECTION 1. - Amendment. Chapter 14.01 of the Kent City Code E c entitled "Building Codes", is amended as follows: E a Chapter 14.01 U as BUILDING CODES ii c a� Sec. 14.01.010. Building codes - Adopted. In accordance with M Chapter 19.27 RCW, the following codes (collectively, the "building codes"), m together with any additions, deletions, and exceptions currently enacted or c as may be amended from time to time by the state of Washington through 0 its Building Code Council pursuant to the Washington Administrative Code a� ("WAC"), and as further amended in this chapter, are adopted by reference: _ a. A. The International Building Code, 2018 2021 Edition, published by the LO LO International Code Council, Inc., as amended pursuant to Chapter 51-50 WAC. a B. The International Existing Building Code, 2018-2021 Edition, 0 published by the International Code Council, Inc. L) a� 0 C. The International Residential Code, 2018-2021 Edition, published by the International Code Council, Inc., as amended pursuant to Chapter 51- U 51 WAC. as U c c D. The International Mechanical Code, 2018-2021 Edition, published by o the International Code Council, Inc., as amended pursuant to Chapter 51- w 52 WAC. w O E. The Uniform Plumbing Code, 2018-2021 Edition, published by the International Association of Plumbing and Mechanical Officials, including the a 3 Amend KCC 14.01 - Re: Building Codes Packet Pg. 131 6.B.b Uniform Plumbing Code Standards (Appendices A, B, and I to the Uniform r c Plumbing Code) as amended pursuant to Chapter 51-56 WAC. c F. The International Energy Conservation Code, 2018-2021 Edition, Q a� published by the International Code Council, Inc., as amended pursuant to 0 Chapters 51-11C and 51-11R WAC. L U- c G. The International Property Maintenance Code, 29182021 Edition, published by the International Code Council, Inc., including the Boarding m Standard (Appendix A to the International Property Maintenance Code). c 0 One copy of each of these codes is on file with the city's building official, and = •L with the city clerk as provided for by RCW 35.21.180. _ 3 Sec. 14.01.020. Code conflicts. To the extent allowed by RCW a 19.27.040, if a conflict exists between the provisions of the state building LO M codes adopted by the Washington State Building Code Council and the r provisions of this chapter, the Kent City Code provisions shall govern. a a� Sec. 14.01.030. Amendments to the International Building L) L Code. The following local amendments to the International Building Code, including all amendments enacted by the state of Washington, are hereby adopted and incorporated into the International Building Code: r U_ a� A. General - Building code appendices adopted. Section 101 of the International Building Code, entitled "General," is amended by adding the TO 0 following new subsection 101.5: LU w U Sec. 101.5. Building code appendices adopted. Appendices C, E and J to the International 0 Building Code are hereby adopted; however, the public works director shall have the authority to enforce and interpret Appendix J and, accordingly, all references to the E L) w r Q 4 Amend KCC 14.01 - Re: Building Codes Packet Pg. 132 6.B.b "building official" in Appendix J shall be substituted with the words "public works director." E B. Duties and powers of building official - Lot lines and setback lines. Section 104 of the International Building Code, entitled "Duties and Powers a of Building Official," is amended by adding the following new subsection 0 104.12: ;v U- Sec. 104.12. Lot lines and setback lines. c Notwithstanding the authority of the building official to administer and enforce the building code, the building official shall have no duty to verify or establish lot lines or M setback lines. No such duty is created by this code, and m none shall be implied. c 0 C. Permits - Expiration of application. Section 105 of the International c L Building Code, entitled "Permits," is amended by substituting subsection 105.3.2 with the following: .2 0 Sec. 105.3.2. Expiration of application. Project permit a applications that are subject to Ch. 12.01 KCC or that LO require SEPA review are subject to the deadlines established by that code chapter or by SEPA. All other a; project permit applications shall expire automatically if no a permit is issued 365 days after the date a determination D has been made that a fully complete project permit application, as defined in KCC 14.11.020, has been 0 approved for issuance subn9;tted, unless that application has been pursued in good faith as determined solely in the building official's discretion. The building official may extend the time for action on the permit application for ene e,F no more than two periods, each period not exceeding 180 90 days, upon written request by the applicant U showing that circumstances beyond the control of the 4) applicant have prevented action from being taken. If an application has expired, plans and other data previously submitted for review may thereafter be returned to the 0` applicant or destroyed. In order to renew action on an o expired application, the applicant shall resubmit plans and pay a new review fee at the rates in effect at the time of U LU resubmission. W W 0 U r c m E t r a 5 Amend KCC 14.01 - Re: Building Codes Packet Pg. 133 6.B.b D. Permits - Expiration. Section 105 of the International Building Code, entitled "Permits," is amended by substituting subsection 105.5 with the -0EE following: a Sec. 105.5. Expiration. 0 1. Every permit issued by the building official under the provisions of this chapter shall expire U_ automatically three years after the date of permit issuance. However, the permit shall expire earlier if the work 0, authorized by such permit is not commenced within one year from the date the permit is issued, or once work 3 commences, if work is suspended or abandoned for a CO period of 180 days or more. c 0 2. The building official, after finding that no significant changes have or will be made to the originally approved plans and specifications for the approved work, _ may extend a permit's expiration date or revive a permit 2 which has been canceled due to inactivity, at the building official's discretion, under the following circumstances: a LO LO a. A permit issued and related to a single- family residence, if it has expired due to inaction, may be a; extended for a 90-day period, up to two times. However, this subsection does not alter the permit's overall three year expiration date as provided for in subsection 105.5.1. 0 b. A permit issued and related to a single- family residence may be extended for a 90-day period if work is started and continuously performed, and necessary periodic inspections are made. c. For permits other than those related to L) a single-family residence, the building official may grant a 1 single 90-day extension when only the final inspection approval is remaining and all other work has been approved. 0 0 3. No permit extension will be granted for any property that is the subject of a code enforcement U LU proceeding under Ch. 1.04 KCC. 0 U r c m E t r a 6 Amend KCC 14.01 - Re: Building Codes Packet Pg. 134 6.B.b E. Beard Means of appeals. Section 113 of the International Building Code, entitled "Beard Means of Appeals," is amended by substituting Section E 113 with the following: a Sec. 113. Beard Means of appeals. The City of Kent hearings c examiner is designated as the board of appeals in order to hear 0- and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of alternate c materials, design, and methods of construction and appeals of the a reasonable application and interpretation of the building codes. m a� Appeals shall be made as set forth in KCC 14.01.110. c 0 a� F. Additional height increases. Section 504.4 of the International Building Code, as amended by the Washington State Building Code Council = entitled "Building Height and Number of Stories," is amended by adding the 0 following new subsection 504.4.1: a rn Sec. 504.4.1 Additional height increases. For Group M R-1, R-2 and I-2 condition 2, the permitted increase of one story allowed by subsection 504.4.1 when all of the conditions enumerated below are met: a D 1. Walls separating dwelling units or sleeping units, and corridor walls in Group R-1, R-2 and I-2 shall be ci constructed as 1-hour fire partitions as provided in Section 708. Reduction of the fire-resistance rating is not o permitted. 2. All exterior walls, including those with a fire separation distance of more than five feet, shall be of not L- less than 1-hour fire-resistance rated construction on the c interior and the exterior of the wall. 3. Structural observation is provided during 0L construction in accordance with Sections 202 and 1704.5. o w 4. An emergency voice/alarm communication L) LU system complying with subsections 907.5.2.2 through 907.5.2.2.5 is installed. 0 U 5. Approved supervised indicating control valves shall be provided at the point of connection to the automatic fire sprinkler system riser on each floor. a 7 Amend KCC 14.01 - Re: Building Codes Packet Pg. 135 6.B.b 6. Structures meeting the requirements of this subsection shall have an automatic sprinkler zone per floor. All zones must report independently c F. Addit4enal height a� . E GedeQ / entitled "Building Height and NuffibeF ef /" is affiended by o U m L U_ / M� W when rall—ef the—c-enditiens eiquineFated below--aFe—nTet. d t C O sh II net he added fir. this C •L R a� 2 v 3 d LO isallewed.. M d r fG Q to d eEtmen 909.20 and Seet;en 909.11. �O U L ++ O enclosure pressurizatien systems used, as previded On Sectiens r t U TatmfenalT T eet!FieaT'-Ge de. Gen"Ferter n - head ef Jery�ee doseennect � 4. Walls separating dwelling units or sleeping units, and cerFider walls in Greup R, Divisions 1 and 2 Occupancies shall be LU V C f6 C L O U W Q' O U S. A" exteFOE)F r c walls, including these with a fiFe separatien distaneem E 6f-HI6"" �h fiye�feet, shall of net less than zi hour F'i" e- c� O w r Q 8 Amend KCC 14.01 - Re: Building Codes Packet Pg. 136 6.B.b TCST stance-rated Ze7TstructTOTTelTthe TTC and-the-e7CCermeTeT �+ the -. cE G E 6. Structural ebservatien is provided during Censtructien in aance '}h cans 202 and 1 704.5. �a£ivraurr��with O U 7. An emergency vemee/alarrn cemmunicatien system complying m L_ U- M installed. 8. Approved supervised indicating centrel valves shall be provided M m I —, en each fleer. O 9. Structures meeting the requi,ements of this subsectmen shall L V a. Sec. 14.01.040 Amendments to the International Existing LO Building Code. The following local amendments to the International a� Existing Building Code, including all amendments enacted by the state of a Washington, are hereby adopted and incorporated into the International Existing Building Code: o tU L A. All references to the 'code official" in the International Existing Building Code shall be substituted with the words "building official." 0 B. Duties and powers of building official - Lot lines and setback lines. Section 104 of the International Existing Building Code, entitled "Duties and Powers of Code Official," is amended by adding the following L new subsection 104.12: o 0 Sec. 104.12. Lot lines and setback w lines. Notwithstanding the authority of the building official U to administer and enforce the building code, the building official shall have no duty to verify or establish lot lines or o setback lines. No such duty is created by this code, and none shall be implied. a 9 Amend KCC 14.01 - Re: Building Codes Packet Pg. 137 6.B.b C. Permits - Expiration of project permit application. Section 105 of the International Existing Building Code, entitled "Permits," is amended by -EEE substituting subsection 105.3.2 with the following: a Sec. 105.3.2. Expiration of project permit application. Project permit applications that are subject U to Ch. 12.01 KCC or that require SEPA review are subject ;v to the deadlines established by that code chapter or by U_ SEPA. All other project permit applications shall expire automatically if no permit is issued 365 days after the date a determination has been made that a fully complete project permit application, as defined in KCC 14.11.020, 3 has been approved for issuance submitted, unless that application has been pursued in good faith as determined solely in the building official's discretion. The building o official may extend the time for action on the permit application for ene-or no more than- two periods, each period not exceeding 4��90 days, upon written request by = the applicant showing that circumstances beyond the 2 control of the applicant have prevented action from being a taken. If an application has expired, plans and other data previously submitted for review may thereafter be returned LO to the applicant or destroyed. In order to renew action on an expired application, the applicant shall resubmit plans a; and pay a new review fee at the rates in effect at the time a of resubmission. D a� D. Permits - Expiration. Section 105 of the International Existing L Building Code, entitled 'Permits," is amended by substituting subsection 105.5 with the following: Sec. 105.5. Expiration. U 1. Every permit issued by the building official c under the provisions of this chapter shall expire automatically three years after the date of permit issuance. However, the permit shall expire earlier if the work 0 authorized by such permit is not commenced within one o year from the date the permit is issued, or once work commences, if work is suspended or abandoned for a LU period of 180 days or more. W 0 U 2. The building official, after finding that no significant changes have or will be made to the originally E approved plans and specifications for the approved work, a 10 Amend KCC 14.01 - Re: Building Codes Packet Pg. 138 6.B.b may extend a permit's expiration date or revive a permit which has been canceled due to inactivity, at the building official's discretion, under the following circumstances: E c a. A permit issued and related to a single- E family residence, if it has expired due to inaction, may be extended for a 90-day period, up to two times. However, o this subsection does not alter the permit's overall three year expiration date as provided for in subsection 105.5.1. U_ M b. A permit issued and related to a single- family residence may be extended for a 90-day period if work is started and continuously performed, and necessary M periodic inspections are made. m a� C. For permits other than those related to 0 a single-family residence, the building official may grant a single 90-day extension when only the final inspection approval is remaining and all other work has been = approved. 2 3. No permit extension will be granted for any a. property that is the subject of a code enforcement L; LO proceeding under Ch. 1.04 KCC. a� E. Certificate of occupancy - Altered area use and occupancy a classification change. Section 110 of the International Existing Building Code, entitled "Certificate of Occupancy," is amended by substituting 0 subsection 110.1 with the following: 0 Sec. 110.1. Altered area use and occupancy classification change. No altered area of a building and no relocated building shall be used or occupied, and no change in the existing occupancy classification of a building a) or portion thereof shall be made until the building official c has issued a certificate of occupancy therefor as provided herein, except that no certificate of occupancy is required `a for detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three w stories above grade plane in height with a separate means U of egress and their accessory structures subject to the w provisions of the International Residential Code. Issuance o of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. E a 11 Amend KCC 14.01 - Re: Building Codes Packet Pg. 139 6.B.b F. Beard Means of appeals. Section 112 of the International Existing Building Code, entitled "mod—Means of Appeals," is amended by E substituting Section 112 with the following: a Sec. 112. Beard Means of appeals. The City of Kent hearings examiner is designated as the board of appeals in 0 U order to hear and decide appeals of orders, decisions, or ;v determinations made by the building official relative to the U- suitability of alternate materials, design, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in KCC 14.01.110. 3 m as Sec. 14.01.050. Amendments to the International Residential 0 Code. The following local amendments to the International Residential L Code, including all amendments enacted by the state of Washington, are x hereby adopted and incorporated into the International Residential Code: 2 0 A. Duties and powers of building official - Lot lines and setback lines. a a) Section R104 of the International Residential Code, entitled "Duties and M Powers of the Building Official," is amended by adding the following new a; subsection R104.12: a Sec. R104.12. Lot lines and setback lines. Notwithstanding the authority of the building official L) to administer and enforce the building code, the building official shall have no duty to verify or establish lot lines or o setback lines. No such duty is created by this code, and , none shall be implied. U B. Permits - Substantially improved or substantially damaged existing 0 buildings in areas prone to flooding. Section R105 of the International Residential Code, entitled "Permits," is amended by substituting subsection o R105.3.1.1 with the following: o w Sec. R105.3.1.1. Substantially improved or U w substantially damaged existing buildings in areas prone to flooding. The building official may require that o all applications for reconstruction, rehabilitation, addition, or other improvement of existing buildings or structures located in an area prone to flooding be submitted in E accordance with Ch. 14.09 KCC. r a 12 Amend KCC 14.01 - Re: Building Codes Packet Pg. 140 6.B.b c C. Permits - Expiration of project permit application. Section R105 of E the International Residential Code, entitled "Permits," is amended by '0 substituting subsection R105.3.2 with the following: a Sec. R105.3.2. Expiration of project permit U application. Project permit applications that are subject ;v to Ch. 12.01 KCC or that require SEPA review are subject U- to the deadlines established by that code chapter or by SEPA. All other project permit applications shall expire automatically if no permit is issued 365 days after the date a determination has been made that a fully complete 3 project permit application, as defined in KCC 14.11.020, M has been approved for issuance submitted, unless that application has been pursued in good faith as determined 0 solely in the building official's discretion. The building official may extend the time for action on the permit application for ene-e no more than two nee periods, each = period not exceeding 1-Q�90 days, upon written request by 2 the applicant showing that circumstances beyond the a control of the applicant have prevented action from being taken. If an application has expired, plans and other data LO previously submitted for review may thereafter be returned to the applicant or destroyed. In order to renew action on a; an expired application, the applicant shall resubmit plans a and pay a new review fee at the rates in effect at the time D of resubmission. 0 tU D. Permits - Expiration. Section 105 of the International Residential Building Code, entitled "Permits," is amended by substituting subsection O R105.5 with the following: U Sec. 105.5. Expiration. U c 1. Every permit issued by the building official c under the provisions of this chapter shall expire o automatically three years after the date of permit issuance. , However, the permit shall expire earlier if the work w authorized by such permit is not commenced within one L) year from the date the permit is issued, or once workLU commences, if work is suspended or abandoned for a period of 180 days or more. a� 2. The building official, after finding that no significant changes have or will be made to the originally a 13 Amend KCC 14.01 - Re: Building Codes Packet Pg. 141 6.B.b approved plans and specifications for the approved work, may extend a permit's expiration date or revive a permit which has been canceled due to inactivity, at the building E official's discretion, under the following circumstances: E a. A permit issued and related to a single- family residence, if it has expired due to inaction, may be 0 extended for a 90-day period, up to two times. However, this subsection does not alter the permit's overall three U_ year expiration date as provided for in subsection 105.5.1. c c b. A permit issued and related to a single- M family residence may be extended for a 90-day period if m work is started and continuously performed, and necessary periodic inspections are made. 0 a� C. For permits other than those related to L a single-family residence, the building official may grant a single 90-day extension when only the final inspection approval is remaining and all other work has been approved. a. 3. No permit extension will be granted for any M property that is the subject of a code enforcement proceeding under Ch. 1.04 KCC. a E. Fees - Building permit valuations. Section R108 of the International Residential Code, entitled "Fees," is amended by substituting subsection 0 L R108.3 with the following: 0 Sec. R108.3. Building permit valuations. The permit applicant shall provide an estimated permit value at time of application. Permit valuations shall include total value of U the work, including materials and labor, for which the 1 permit is being issued. (The work would include, for example and without limitation, electrical, gas, mechanical, and plumbing equipment and other permanent systems.) o If the building official decides that the permit valuation is underestimated, the permit application shall be denied, w unless the applicant can show detailed estimates to meet U LU the approval of the building official. Final building permit W valuation shall be set by the building official. 0 U r F. Certificate of occupancy. Section R110 of the International Residential Code, entitled "Certificate of Occupancy," is hereby repealed. a 14 Amend KCC 14.01 - Re: Building Codes Packet Pg. 142 6.B.b G. Board of appeals. Section R112 of the International Residential Code, entitled "Board of Appeals," is amended by substituting Section R112 with E the following: a Sec. R112. Board of appeals. The City of Kent hearings examiner is designated as the board of appeals in order to 0 U hear and decide appeals of orders, decisions, or ;v determinations made by the building official relative to the U- suitability of alternate materials, design, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in section 14.01.110 of the Kent City Code. Any 3 appeal to an order, decision, or determination of the public works director with respect to work within a flood hazard area shall be made in accordance with Ch. 14.09 KCC. 0 c L Sec. 14.01.060 Amendments to the Uniform Plumbing Code. x The following local amendments to the Uniform Plumbing Code, including all 2 amendments enacted by the state of Washington, are hereby adopted and a. incorporated into the Uniform Plumbing Code: L; LO n A. Permits. Section 104 of the Uniform Plumbing Code, entitled "Permits," is amended by substituting subsection 104.3.3 with the following: 0 Sec. 104.3.3. Expiration of project permit L application. Project permit applications that are subject to Ch. 12.01 KCC or that require SEPA review are subject 0 to the deadlines established by that code chapter or by SEPA. All other project permit applications shall expire automatically if no permit is issued 365 days after the date L) a determination has been made that a fully complete 1 project permit application, as defined in KCC 14.11.020, has been approved for issuance has been submitted unless that application has been pursued in good faith as o determined solely in the building official's discretion. The o building official may extend the time for action on the permit application for ene ei= m no more than two w periods, each period not exceeding 180-90 days, upon written request by the applicant showing that 0 circumstances beyond the control of the applicant have prevented action from being taken. If an application has expired, plans and other data previously submitted for E review may thereafter be returned to the applicant or a 15 Amend KCC 14.01 - Re: Building Codes Packet Pg. 143 6.B.b destroyed by the building official. In order to renew action on an expired application, the applicant shall resubmit plans and pay a new review fee at the rates in effect at the E time of resubmission. a� E a B. Expiration. Section 104 of the Uniform Plumbing Code, entitled 0 "Permits," is amended by substituting subsection 104.4.3 with the U L following: U_ M r_ Sec. 104.4.3. Expiration. c M 1. Every permit issued by the building official 3 under the provisions of this chapter shall expire automatically three years after the date of permit issuance. However, the permit shall expire earlier if the work 0 authorized by such permit is not commenced within one year from the date the permit is issued, or once work commences, if work is suspended or abandoned for a = period of 180 days or more. 2 0 2. The building official, after finding that no a significant changes have or will be made to the originally LO approved plans and specifications for the approved work, may extend a permit's expiration date or revive a permit a; which has been canceled due to inactivity, at the building official's discretion, under the following circumstances: a� 0 a. A permit issued and related to a single- family residence, if it has expired due to inaction, may be extended for a 90-day period, up to two times. However, 0 this subsection does not alter the permit's overall three year expiration date as provided for in subsection 104.4.3.1. as U c b. A permit issued and related to a single- family residence may be extended for a 90-day period if 0L work is started and continuously performed, and necessary o periodic inspections are made. U W W W C. For permits other than those related to 0 a single-family residence, the building official may grant a single 90-day extension when only the final inspection approval is remaining and all other work has been approved. c a 16 Amend KCC 14.01 - Re: Building Codes Packet Pg. 144 6.B.b r 3. No permit extension will be granted for any property that is the subject of a code enforcement E proceeding under Ch. 1.04 KCC. E a C. Extensions. Subsection 104.4.4 of the Uniform Plumbing Code, 0 entitled "Extensions," is hereby repealed. U L_ U- D. Plumbing permit fees. Table 104.5 of the Uniform Plumbing Code, entitled "Plumbing Permit Fees," is amended by substituting Table 104.5 a with the following: 3 m Table 104.5. Plumbing Permit Fees. Plumbing permit fees and related fees shall be as established by resolution o of the city council, in accordance with 14.01.100 KCC. L E. Violations and penalties. Section 106 of the Uniform Plumbing Code, _ entitled 'Violations and Penalties," is amended by substituting subsection 106.3 with the following: a LO LO Sec. 106.3. Penalties. Any person who violates a provision of this code or fails to comply with any of its a; requirements or who erects, installs, alters, or repairs plumbing work in violation of: (a) the approved construction documents, (b) a directive of the building code official, or (c) a permit or certificate issued under the 0 provisions of this code, shall be subject to penalties as set L forth in Chs. 14.08 and 1.04 KCC or as otherwise provided by law. O F. Board of appeals. Section 107 of the Uniform Plumbing Code, entitled "Board of Appeals," is amended by substituting Section 107 with the 1 c following: Sec. 107. Board of appeals. The City of Kent hearings o examiner is designated as the board of appeals in order to 0 hear and decide appeals of orders, decisions, or determinations made by the building official relative to the w suitability of alternate materials, designs, and methods of construction and appeals of the reasonable application and o interpretation of the building codes. Appeals shall be made as set forth in section 14.01.110 of the Kent City Code. 0 r a 17 Amend KCC 14.01 - Re: Building Codes Packet Pg. 145 6.B.b Sec. 14.01.070 Amendments to the International Mechanical r c Code. The following local amendments to the International Mechanical -0EE Code, including all amendments enacted by the state of Washington, are hereby adopted and incorporated into the International Mechanical Code: a 0 A. Permits - Expiration of project permit application. Section 106 of the International Mechanical Code, entitled "Permits," is amended by U- substituting subsection 106.3.23 with the following: c Sec. 106.3.23. Expiration of project permit M application. Project permit applications that are subject m to Ch. 12.01 KCC or that require SEPA review are subject to the deadlines established by that code chapter or by o SEPA. All other project permit applications shall expire 0, automatically if no permit is issued 365 days after the date a determination has been made that a fully complete = project permit application, as defined in KCC 14.11.020, 2 has been approved for issuance submitted, unless that application has been pursued in good faith as determined a. solely in the building official's discretion. The building LO official may extend the time for action on the permit M application for one or more periods, each period not exceeding 180 days, upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. If an application has expired, plans and other data previously o submitted for review may thereafter be returned to the L) applicant or destroyed by the building official. In order to renew action on an expired application, the applicant shall o resubmit plans and pay a new review fee at the rates in ' effect at the time of resubmission. U B. Expiration. Section 106 of the International Mechanical Code, entitled c "Permits ee," is amended by substituting subsection 106.4.3 with the following: 0` Sec. 106.4.3. Expiration. w U 1. Every permit issued by the building official under the provisions of this chapter shall expire 0 automatically three years after the date of permit issuance. However, the permit shall expire earlier if the work authorized by such permit is not commenced within one E year from the date the permit is issued, or once work a 18 Amend KCC 14.01 - Re: Building Codes Packet Pg. 146 6.B.b commences, if work is suspended or abandoned for a period of 180 days or more. E c 2. The building official, after finding that no E significant changes have or will be made to the originally a approved plans and specifications for the approved work, c may extend a permit's expiration date or revive a permit U which has been canceled due to inactivity, at the building official's discretion, under the following circumstances: a. A permit issued and related to a single- family residence, if it has expired due to inaction, may be M extended for a 90-day period, up to two times. However, m this subsection does not alter the permit's overall three year expiration date as provided for in subsection 106.4.3.1. 0, c L b. A permit issued and related to a single- _ family residence may be extended for a 90-day period if work is started and continuously performed, and necessary a periodic inspections are made. LO LO C. For permits other than those related to a single-family residence, the building official may grant a single 90-day extension when only the final inspection a approval is remaining and all other work has been D approved. 0 U 3. No permit extension will be granted for any property that is the subject of a code enforcement proceeding under Ch. 1.04 KCC. C. Extensions. Subsection 106.4.4 of the International Mechanical Code, entitled "Extensions," is hereby repealed. U c c D. Means of appeal - Board of appeals. Section 113 of the International 0 Mechanical Code, entitled 'Means of Appeal," is amended by substituting o Section 113 with the followina: U W Sec. 113. Means of appeal. The City of Kent hearing W examiner is designated as the board of appeals in order to 0 U hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of alternate materials, designs, and methods of construction and appeals of the reasonable application and 2 a 19 Amend KCC 14.01 - Re: Building Codes Packet Pg. 147 6.B.b interpretation of the building codes. Appeals shall be made as set forth in section 14.01.110 of the Kent City Code. , E �p _ ED. Violations - Penalties. Section 4V�115 of the International Mechanical Code, entitled "Violations," is amended by substituting subsection 4-G8115.4 with the following: U a� L Sec. 408115.4. Violation penalties. Any person who U- violates a provision of this code or fails to comply with any of its requirements or who erects, installs, alters, or repairs =, mechanical work in violation of: (a) the approved construction documents, (b) a directive of the building code 3 official, or (c) a permit or certificate issued under the m provisions of this code, shall be subject to penalties as set forth in Chs. 14.08 and 1.04 KCC or as otherwise provided o by law. •L x "Means ,� .0 Mechanical ii 3 (L LO is designated as the beaFd ef appeals in eFdeF te hear and decode appeals of d r fG orders, i er Q deteffninatiens made by the building efficial Felative to the N idesigns, censtructien and appeals of the reasonable appliEatien and su U nterpretatien of the building cedes. Appeals shall be n9ade L 0 Sec. 14.01.080 Amendments to the International Energy J� U Conservation Code. The following local amendments to the International Energy Conservation Code, including all amendments enacted by the state _ of Washington, are hereby adopted and incorporated into the International 0 Energy Conservation Code: o w A. Compliance required, violations, penalties. Section C101.5, entitled LU "Compliance," is hereby amended by adding the following new subsection 0 U C101.5.2: r _ a� Sec. C101.5.2. Unlawful acts and penalties. It shall be unlawful for any person, firm or corporation to erect, ) r Q 20 Amend KCC 14.01 - Re: Building Codes Packet Pg. 148 6.B.b construct, alter, extend, move or occupy any building, structure or equipment regulated by this code, or cause the same to be done, in conflict with or in violation of this code. E Any person who violates a provision of this code, or fails to comply with any of its requirements, or who erects, a constructs, alters or repairs a building or structure in violation of: (a) the approved construction documents, (b) 0 a directive of the building official, or (c) a permit or certificate issued under the provisions of this code, shall be U- subject to penalties as set forth in Chapters 14.08 and 1.04 KCC or as otherwise provided by law. c a B. Compliance required, violations, penalties. Section R101.5, entitled 3 m "Compliance," is hereby amended by adding the following new subsection R101.5.2: o a� c Sec. R101.5.2. Unlawful acts and penalties. It shall be unlawful for any person, firm or corporation to erect, _ construct, alter, extend, move or occupy any building, 2 structure or equipment regulated by this code, or cause the a same to be done, in conflict with or in violation of this code. Any person who violates a provision of this code, or fails to LO comply with any of its requirements, or who erects, constructs, alters or repairs a building or structure in a; violation of: (a) the approved construction documents, (b) a a directive of the building official, or (c) a permit or certificate issued under the provisions of this code, shall be subject to penalties as set forth in Chapters 14.08 and 1.04 $ KCC or as otherwise provided by law. 0 C. Appeals. Section G199C110, entitled "Board of Appeals," is hereby amended by substituting Section G109 C110 with the following: U Sec. G109C110. Board of Appeals. The City of Kent hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the o suitability of alternate materials, design, and methods of construction and appeals of the reasonable application and w interpretation of the building codes. Appeals shall be made U LU as set forth in KCC 14.01.110. W W 0 U D. Appeals. Section 14109R110, entitled "BeaFdMeans of Appeals," is hereby amended by substituting Section R109-R110 with the following: E a 21 Amend KCC 14.01 - Re: Building Codes Packet Pg. 149 6.B.b Sec. 111:091111O. Board Means of Appeals. The City of Kent hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, E decisions, or determinations made by the building official relative to the suitability of alternate materials, design, and a methods of construction and appeals of the reasonable application and interpretation of the building codes. 0 Appeals shall be made as set forth in KCC 14.01.110. L_ U- Sec. 14.01.090 Amendments to the International Property c Maintenance Code. The following local amendments to the International �a Property Maintenance Code are adopted and incorporated into the m a) International Property Maintenance Code: c 0 a� A. All references to the "code official" in the International Property L Maintenance Code shall be substituted with the words "building official." _ B. Fees. Section �§104.1.1 of the International Property a Maintenance Code, entitled 'Fees," is amended by substituting Section LO LO 5104.1.1 with the following: as Sec. 103.5104.1.1. Fees shall be assessed as set forth in Section 14.01.100 of the Kent City Code. D a� C. Board of appeals. Section 107 of the International Property L Maintenance Code, entitled "Means of Appeal," is amended by substituting Section 107 with the following: Sec. 107. Board of appeals. The City of Kent hearing examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of alternate materials, design, and methods of 0 construction and appeals of the reasonable application and o interpretation of the building codes. Appeals shall be made as set forth in section 14.01.110 of the Kent City Code. w 0 � /�� DC. Violations. Section 1V6-109 of the International Property Maintenance Code, entitled "Violations," is amended by substituting subsections a 22 Amend KCC 14.01 - Re: Building Codes Packet Pg. 150 6.B.b I-06109.1 and I-96109.4 with the subsections that follow; all other subsections of Section I-A6109 remain the same: E c 446109.1. Unlawful acts. It shall be unlawful for any E person, firm, or corporation to erect, construct, enlarge, a alter, repair, move, improve, remove, convert, demolish, c equip, use, occupy or maintain any building or structure or U a� cause or permit the same to be done in violation of this U- code. 446109.4. Violation penalties. Any person who violates c a provision of this code or fails to comply with any of its M requirements, or who erects, constructs, alters or repairs m a building or structure in violation of: (a) the approved construction documents, (b) a directive of the building c official, or (c) a permit or certificate issued under the 0, provisions of this code, shall be subject to penalties as set L forth in Chs. 14.08 and 1.04 KCC or as otherwise provided by law. E. Failure to comply. Section 110.4 of the International Property a a) Maintenance Code, entitled "Failure to Comply," is amended by substituting M Section 110.4 with the following: a Sec. 110.4. Failure to Comply. Any failure to comply with a stop work or stop use order shall constitute a o misdemeanor, punishable by imprisonment in jail for a L) L maximum term fixed by the court of not more than ninety (90) days, or by a fine in an amount fixed by the court of o not more than one thousand dollars ($1,000), or by both such imprisonment and fine, pursuant to KCC 1.04.090, 1.04.100, and 1.04.110. as U F-D. Notices and orders. Section 107 111.4 of the International Property Maintenance Code, entitled "Notices and Orders," is amended by o substituting Section 147-111.4 with the following: o w Sec. 407111.4. Notices of Violation. Whenever the w building official or his designee determines that there has been a violation of this code or has grounds to believe that o a violation has occurred, the code enforcement officer may issue a notice to any person responsible for the violation, pursuant to Chapter 1.04 of the Kent City Code. a 23 Amend KCC 14.01 - Re: Building Codes Packet Pg. 151 6.B.b appeals. .r c Maintenance Cede, entitled a� "Means " issubstitutingE Sectmen !I! with the fellewing! c a) E Q examineF is designated as the beaFd of appeals on erdeF te 0 U heaF and decide appeals of erdeFS, decisiens, or L / design, su nteFffetatien ef the building eedes. Appeals shall be made M� W O \\ " is affiended by stAbstittAting R V with a step weF!( eF step use eFdeF shall eenstiti:ite a misdemeaner, punishable by imprisonment in jam! for a max mum term fixed by the court of net mere than ninety L(� LO (99) days, eF by a fine in an annieunt foxed by the eeu d fine, ursuant te KGG 1.04.090, 1.04.100, and 1.94.110. � N d 0 G. Rubbish and garba(7e. Section 308 of the International Property L) L Maintenance Code, entitled "Rubbish and Garbage," is deleted in its entirety. 0 H. Electrical facilities. Section 604 of the International Property r Maintenance Code, entitled "Electrical Facilities," is deleted in its entirety. I. Electrical equipment. Section 605 of the International Property Maintenance Code, entitled "Electrical Equipment," is deleted in its entirety. o 0 J. Elevators, escalators and dumbwaiters. Section 606 of the w U International Property Maintenance Code, entitled "Elevators, Escalators w and Dumbwaiters," is deleted in its entirety. 0 U r c m E t w r Q 24 Amend KCC 14.01 - Re: Building Codes Packet Pg. 152 6.B.b Sec. 14.01.100 Building codes — Fees. The city council shall, by resolution, establish the fees to be assessed to implement and operate the E codes adopted in this chapter. a Sec. 14.01.110 c U m A. Appeals to the hearing examiner. U- 1. Jurisdiction. The city hearings examiner has been designated as the board of appeals and shall have jurisdiction over all matters concerning the application of the building codes cited in this chapter. The m t city hearings examiner, however, shall have no authority relative to 0 interpretation of the administrative provisions of these codes, nor shall the = city hearings examiner be empowered to waive requirements of these x building codes. 3 2. Filing. Appeals shall be filed with the hearings examiner by a 5:00 p.m. of the fourteenth calendar day following the date of the order, M determination, or decision being appealed. When the last day of the appeal r period so computed is a Saturday, Sunday, or city holiday, the period shall a run until 5:00 p.m. on the next business day. The appeal shall be accompanied by payment of the filing fee. Specific objections to the building 0 L official's decision and the relief sought shall be stated in the written appeal. 0 3. Standing. Standing to bring an appeal under this chapter is r limited to the following persons: a. The applicant and the owner of property to which the c permit decision is directed. 0 b. Another person aggrieved or adversely affected by the w order, determination, or decision, or who would be aggrieved or adversely LU affected by a reversal or modification of the order, determination, or 0 0 U decision. A person is aggrieved or adversely affected within the meaning of this section only when all of the following conditions are present: E w r Q 25 Amend KCC 14.01 - Re: Building Codes Packet Pg. 153 6.B.b i. The order, determination, or decision has prejudiced or is likely to prejudice that person; -0Ea c a� ii. A judgment in favor of that person would a substantially eliminate or redress the prejudice to that person caused or c likely to be caused by the order, determination, or decision; and U- M iii. The appellant has exhausted his or her administrative remedies to the extent required by law. _ �a 3 B. Appeals to superior court. Appeals to the hearings examiner shall be made pursuant to Chapter 2.32 KCC. The decision of the hearings examiner 0 shall be final and conclusive unless, within 21 calendar days of the hearings examiner's decision, an appeal is filed with the King County superior court. x When the last day of the appeal period so computed is a Saturday, Sunday, 2 or city holiday, the period shall run until the next business day. a SECTION 2. - Severability. If any one or more section, subsection, LO M or sentence of this ordinance is held to be unconstitutional or invalid, such a� decision shall not affect the validity of the remaining portion of this ordinance a and the same shall remain in full force and effect. N a� M 0 SECTION 3. - Corrections by City Clerk or Code Reviser. Upon L approval of the city attorney, the city clerk and the code reviser are 0 authorized to make necessary corrections to this ordinance, including the ' correction of clerical errors; ordinance, section, or subsection numbering; or U references to other local, state, or federal laws, codes, rules, or regulations. 1 U c SECTION 4. - Code Synchronization The changes to the code L provisions enacted herein shall be implemented simultaneously with the 0 state code's change, currently scheduled to be implemented July 1, 2023. w However, if the Washington State Building Code Council further delays W implementation of the state codes referenced by this ordinance, the 0 0 U implementation of this ordinance shall similarly be delayed to coincide with a� the implementation date of the state codes. E a 26 Amend KCC 14.01 - Re: Building Codes Packet Pg. 154 6.B.b a0i SECTIONS. - Effective Date. This ordinance shall take effect and be E c in force 30 days from and after its passage as provided by law. E Q 0 U m L U- May 16, 2023 2 m DANA RALPH, MAYOR Date Approved c 0 a� c ATTEST: L a� x May 16, 2023 a KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted LO M d r fG May 19, 2023 a Date Published 0 U L APPROVED AS TO FORM: o 4,_ U_ a� v c R TAMMY WHITE, CITY ATTORNEY L O W U W Q' O U r c m E t w r Q 27 Amend KCC 14.01 - Re: Building Codes Packet Pg. 155 8.A.1 Pending Approval City Council Workshop • Workshop Regular Meeting KENT Minutes WAS M IN G 7 0 N May 2, 2023 Date: May 2, 2023 Time: 5:02 p.m. Place: Chambers I. CALL TO ORDER Attendee Name itle Status Arrived — m Bill Boyce Council President Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Excused o Marli Larimer Councilmember Present E Zandria Michaud Councilmember Present 'o L Toni Troutner Councilmember Present a a Les Thomas Councilmember Excused a Dana Ralph I Mayor Present g a 0 II. PRESENTATIONS R 1 King County Regional Homelessness Merina Hanson/ 30 MIN. N Authority Abby Anderson N (KCRHA) C%i King County Regional Homelessness Authority staff, Abby Anderson, South c King County Sub-regional Planning Specialist and Alexis Mercedes Rinck, Director of Sub-Regional Planning and Equitable Engagement, provided information to the Council. ai Theory of Change "If we create a homeless response system that centers the voices of people with lived experience, Then we will be able to meet needs �. and eliminate inequities, In order to end homelessness for all." a A background was provided from 2018 to current, including information on a the NIS design and interlocal agreement, administrative start-up and global pandemic, hiring and planning, implementation and redesign and service 2 redesign with the goal of transformative change. The KCRHA is a special jurisdiction government agenda that receives and administers public funding, administrates programs and policies and partners with public and private organizations. Details on progress to date were provided along with the five-year plan development. Information was presented on how many people are experiencing Packet Pg. 156 8.A.1 City Council Workshop Workshop Regular May 2, 2023 Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... homelessness, who is experiencing homelessness and limitations on data and work in memoriam. Additionally, information on how the current homelessness system is functioning was reviewed. The overall goal is to "Bring unsheltered people inside as quickly as possible to prevent death and further harm." Metrics were reviewed, including: • Number of households accessing the homelessness response system • Number of households entering the homelessness response system • Number of households exiting the homelessness response system to permanent 4- housing ° • Number of households returning to homelessness after 6, 12, and 24 months o from a permanent housing exit a • Number of temporary and permanent housing units in the system a Where possible, these measures will be broken down by: a • Household type: Single Adults, Families with Children and Youth and Young o Adults LO M • Race & Ethnicity o • Program Type N Staff went over the year one priorities and prioritization of activities. The 2 five-year plan is the strategic roadmap to transform the homelessness o response team. The key components of the sub-regional plans are rooted in a equity and social justice principles with six key components: 1. Landscape of services 2. Investment/funding 3. Lived experiences 4. Gaps and needs 5. Action steps a 6. Timeline a� r • From the Five-Year Plan, 30 activities will be tailored to each sub-region: o Identified in collaboration with service providers, community partners, and city human services staff o Some activities require either region-wide standardization or are KCRHA administrative tasks • Action steps and timelines developed in partnership with the community Subject matter working groups will work on targeted initiative areas to develop action steps and timelines. An example of the Sub-Regional Implementation Plan was reviewed as follows: ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 2 of 5 Packet Pg. 157 8.A.1 City Council Workshop Workshop Regular May 2, 2023 Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... Activity: Deploy an effective communications strategy to ensure the Ombuds Office is well-known and easily accessible, including the creation of centralized contact mechanisms (e.g., a hotline). This activity will be developed to include action steps and timeline appropriate for South King County. Example Action Steps for South King County could look like: y 1. Educate South King community on Ombuds office; identify stakeholders to convene; develop strategy 2. Deploy - January 2025 4- 3. Review & enhance - January 2026 ° �a Council expressed appreciation of the work being done and requested a another update in the near future. a KCRHA staff provided additional information on how the data for who is a experiencing homelessness is gathered and how much housing is available o for drop-ins that can be utilized immediately. KCRHA staff will follow up with M the data regarding the average length of stays. o N N KCRHA staff welcomed input on subject matter experts that could be included in the working groups and also acknowledged the implementation will not be deployed until January of 2025. o a� r KCRHA staff acknowledged that funding has been delayed due to c administrative functions. Mayor requested KCRHA communicate with providers and the community prior to siting facilities. Michaud requested the Sub-Regional Plan of South King County be flexible N and open-ended for jurisdictions. 2 WSDOT Update on SR 167 Master Plan Rob Brown/ 30 MIN. WSDOT Staff April Delchamps, WSDOT Corridor Planning Manager, presented the SR 167 Master Plan. Legislative Direction: In 2021, the Legislature reauthorized $2.88 million for the SR 167 Master Plan update. Study Direction: Analyze existing and future conditions ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 3 of 5 Packet Pg. 158 8.A.1 City Council Workshop Workshop Regular May 2, 2023 Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... • Incorporate information from public and stakeholder engagement • Apply WSDOT's Practical Solutions approach • Identify near, medium and long-term multimodal transportation needs and strategies • The SR 167 Master Plan Update will be completed in 2023. Delchamps went on to review the planning and environmental linkage study and indicated they are currently in Phase 4: Develop and evaluate multimodal scenarios that will be followed by the Phase 5: Final report and y then onto the Implementation Plan. Delchamps detailed the partner and community engagement that includes an Equity Advisory Committee, Technical Advisory Committee and Policy ° Advisory Committee. o L Q The Equity Advisory Committee will help: a Ensure equity was included in the overall planning process for this study. CBOs correlate with the community profile and demographic analysis. a A listening session was held with each CBO to gauge interest and availability o in staffing the EAC. M CBOs advocated on behalf of vulnerable populations and overburdened o community members, environmental justice initiatives, and transportation N N initiatives. Delchamps reviewed the SR 167 Final Study Area and the Equity Priority o Areas and then detailed the process to come up with recommendations. a c The Master Plan Vision: The SR 167 Master Plan will identify near-, medium-, and long-term solutions intended to facilitate the movement of both people that travel on and across SR 167 for work, school, other essential and non-essential trips, and goods that support economic vitality. Travel along and across the SR 167 corridor a will be safe, connected, resilient, and reliable. The SR 167 Master Plan will N strive for practical solutions to: (a) prioritize the needs of vulnerable and overburdened communities, (b) reduce physical barriers of the current system, (c) support the Puget Sound Regional Council (PSRC) Regional Growth Strategy, (d) facilitate transit and active transportation, (e) support projected growth and land-use changes, (f) accommodate freight movement, and (g) reduce greenhouse gas emissions. Master Plan Goals include: Equity, safety, environment, multimodal, mobility and economic vitality, ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 4 of 5 Packet Pg. 159 8.A.1 City Council Workshop Workshop Regular May 2, 2023 Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... practical solutions and state of good repair throughout facility lifecycle. Delchamps took the time to review the SR 167 Master Plan baseline funded projects and Final Study Recommendations. Additionally, details were provided on outreach statistics, events, co-creation workshops and online open houses. Finally, Delchamps indicated the next steps include documenting partner support for recommendation. Delchamps also indicated this SR 167 y Implementation Plan is currently unfunded. r Barrett Hanson, I-405/SR167 Director of Design provided the program 4- overview and project update. ° 0 Hanson indicated the I-405 Corridor Program and SR 167 Corridor Plan is a a 50-mile multimodal system that will include: a Dual express toll lanes New direct access and interchange improvements a High-capacity transit o Non-motorized M M N O Hanson discussed the: N N SR 167/410 to SR 18 project that is designed to relieve northbound congestion SR 167 Corridor Improvements Project will bring upgrades to the SR 167 toll o system and will add strategic capacity by constructing a southbound auxiliary a lane c SR 167/410 to SR 18 southbound congestion project will expand express toll lane system by 6-miles and will address fish barriers and preservation. I-405 Renton to Bellevue widening and ETLs Project I-405/SR 167 Program Delivery Schedule. Mayor Ralph requested WSDOT continue to engage with the City of Kent on N these projects and Council President Boyce requested WSDOT follow-up with another update to the Council in six months. Meeting ended at 6:10 p.m. KLvn�Levy A. Komxi tcr City Clerk ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 5 of 5 Packet Pg. 160 8.A.2 Pending Approval Kent City Council • City Council Regular Meeting KENT Minutes WAS M IN G 7 0 N May 2, 2023 Date: May 2, 2023 Time: 7:03 p.m. Place: Chambers 1. CALL TO ORDER/FLAG SALUTE Mayor Ralph called the meeting to order. a 2. ROLL CALL Attendee Name JEW Status Arrived o Dana Ralph Mayor Present f° Bill Boyce Council President Present ° a Brenda Fincher Councilmember Present a Satwinder Kaur Councilmember Remote Marli Larimer Councilmember Present a Toni Troutner Councilmember Present c Les Thomas Councilmember Excused r� Zandria Michaud Councilmember Present N 0 N 3. AGENDA APPROVAL N A. I move to approve the agenda as presented. 0 RESULT: MOTION PASSES [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Michaud c Q. 4. PUBLIC COMMUNICATIONS A. Public Recognition N as Chief Administrative Officer, Pat Fitzpatrick recognized Tammy White, the City Attorney, for her 24-year anniversary with the City. g L Employee of the Month Mayor Ralph announced Melissa Edlund-Oakley as the May, 2023, Employee of the Month. City Attorney, Tammy White conveyed her appreciation of Melissa and the work that she does. Melissa expressed appreciation of the honor and indicated how thriled she is to have received this award. ii. Proclamation for Provider Appreciation Day Packet Pg. 161 8.A.2 Kent City Council City Council Regular Meeting May 2, 2023 Minutes Kent, Washington Mayor Ralph presented the Proclamation for Provider Appreciation Day to Amram Ibrahim, a Kent childcare provider. iii. Proclamation for Bike Everywhere Month Mayor Ralph presented the Proclamation for Bike Everywhere Month to Wendy Graves, the Chair of the Kent Bicycle Advisory Board. Graves expressed appreciation of the Proclamation and encouraged everyone to support the upcoming bike rodeo. iv. Proclamation for National Correctional Officers' Week Mayor Ralph presented the Proclamation for National Correctional Officers' Week to City of Kent Jail Commander, Diane McCuistion and Chief Rafael Padilla. 4- 0 R Chief Padilla expressed appreciation of the Correctional Facility staff and o Commander McCuistion. a a V. Proclamation for Affordable Housing Week a Mayor Ralph presented the Proclamation for Affordable Housing Week to Cliff a Cawthon from Habitat for Humanity. o ti M Cawthon expressed appreciation of the Proclamation. N B. Community Events N Council President Boyce announced upcoming events at the accesso ShoWare 2 Center, including the Thunderbirds playoff games. 0 a� r Councilmember Fincher announced the Juneteenth Celebration on June 17t" at the Kent YMCA. ai The City will host a Bike Rodeo on May 20th from 10-1 p.m. at the Kent YMCA, and there is a Team-up2Clean-up event on May 6t". Visit Kentwa.gov/talkingtrash to register. a Councilmember Michaud announced a Kent Parks Conservation Day Event on May 6t" at 9 a.m. at North Meridian Park. C. Economic and Community Development Report Chief Economic Development Officer, Bill Ellis presented the Economic and Community Development Report. Ellis advised U.S. shippers are seeing a 20% drop in ocean freight orders and ocean carriers are canceling as much as 50% of sailings to rebalance vessel capacity to demand. New job postings are declining within King County. Inflation is causing consumer spending to trend down. Total spending is up, but retail, restaurant ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 2 of 8 Packet Pg. 162 8.A.2 Kent City Council City Council Regular Meeting May 2, 2023 Minutes Kent, Washington and hotel revenues are down. There are commercial real estate concerns caused by the uncertainty in office and banking markets that are affecting the industrial market. Ellis advised he expects to see a slowdown in construction. Ellis reviewed Kent Valley Industrial Statistics and indicated vacancies are still at a healthy replacement level, he expects rents to go higher as supply tamps. Bulwarks against macroeconomic trends in industrial area: aerospace recovery and defense spending. Seattle is adopting new industrial zoning: Urban Industrial; "Maker and Creative Industry Zones"; "Curb Self Storage"; New openness to housing; o encourage high employment new light link transit stations. 0 L Tacoma and Fife are closer to more affordable housing for lower wage a warehouse work and more land = larger target for new construction. g Kent Valley is outperforming the region in aerospace, 3PLs and o manufacturing. R ti M N Other uncertainties: N Future of medical office and telehealth N Future of electric freight - heavy trucking; diffuse or centralized recharging stations Kroger and Albertson merger - Amazon and Indie opening if divest other stores Return or fundamental change to the business travel trip/cost cutting = Ellis talked about the upcoming opportunities to utilize ARPA funds for U acceleration services in Kent with local partners, the Kent School District and the National Development Council. a Ellis closed his report, by indicating it's time to start thinking about future of Seattle Landfills - Environmental Justice High Priority for Federal Funding; Kents has a few legacy superfunds in areas highly burdened by air pollution, public health. S. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report Mayor Ralph serves on the Puget Sound Regional Council's Executive Board that recently finalized project tracking strategies relating to federal funding. May Ralph serves on the Puget Sound Regional Council's Policy Council that recently discussed the renewal of the Veterans, Seniors, and Human Services ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 3 of 8 Packet Pg. 163 8.A.2 Kent City Council City Council Regular Meeting May 2, 2023 Minutes Kent, Washington levy that will be on the August ballot. Mayor Ralph advised voters approved the Crisis Care Levy and discussed partnering with Couth County cities to ensure the process moves forward. Mayor Ralph talked about the STEM Path Innovation Network that provides access to STEM learning. Springbrook elementary will be running a summer STEM program. B. Chief Administrative Officer's Report Chief Administrative Officer, Pat Fitzpatrick advised that the City's Human Resources Director started on May 1st. Fitzpatrick expressed appreciation of Natalie Winecka for serving as the Interim Human Resources Director. — 'E Fitzpatrick announced the City has onboarded eight new staff members this o month and recruiting has picked-up. a a_ Fitzpatrick indicated his report in today's agenda packet and there is no executive session tonight. o 0 C. Councilmembers' Reports M Council President Boyce serves as the chair of the City Council Workshop and N provided a recap of the two presentations from today's meeting. N Boyce serves as the chair of the Operations and Public Safety Committee and 4- provided a recap of today's agenda item. ° a� r Councilmember Michaud talked about speaking at the Seattle Southside = Chamber of Commerce 2023 PNW Education and Workforce Summit held at the accesso ShoWare Center. Michaud also talked about volunteering at the Earth Day event at Clark Lake Pa rk. a Finally, Michaud has been appointed as the AWC representative on the Washington Community Forestry Council. The Program's mission is to provide leadership to create self-sustaining urban and community forestry programs that preserve, plant and manage forests and trees for public benefits and quality of life. Michaud talked about $1 billion in federal funds available to any city/organization/non-profit for forestry programs. The grant application deadline is June 1st Councilmember Larimer advised she filled-in on the April 20t" Human Services Commission that received a presentation on the Community ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 4 of 8 Packet Pg. 164 8.A.2 Kent City Council City Council Regular Meeting May 2, 2023 Minutes Kent, Washington Engagement Plan and the related community planning tool that will be used to gather feedback from diverse stakeholders. Councilmember Troutner serves on the Regional Transit Committee that recently discussed the Service Recovery Plan. Metro is currently operating at 90% from pre-pandemic numbers, but only have 50% ridership. The Committee also received a briefing on Metro's Zero Emissions Fleet Plan. Troutner serves on the Puget Sound Regional Fire Authority Governance Board that presented a proclamation for Nurses Week during their April meeting. Councilmember Fincher serves on the Arts Commission and talked about the — art exhibit in the Centennial Building. 0 L Councilmember Fincher serves as the chair of the Public Works Committee a and provided an overview of the agenda items from the May 1st meeting a Fincher advised of the May 20t" Fishing Derby event at the Old Fishing Hole. o Volunteers are needed. M 6. PUBLIC HEARING N 0 N None. `l 7. PUBLIC COMMENT — None. r c 8. CONSENT CALENDAR ai RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Michaud Q m r A. Approval of Minutes i. City Council Meeting - City Council Regular Meeting - Apr 18, 2023 7:00 PM B. Payment of Bills - Approve MOTION: I move to approve the payment of bills received through 4/15/23 and paid on 4/15/23 and approve the checks issued for payroll 4/1/23 - 4/15/23 and paid on 4/20/23, all audited by the Operations and Public Safety Committee on 4/18/23. C. Excused Absence for Councilmember Thomas - Approve ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 5 of 8 Packet Pg. 165 8.A.2 Kent City Council City Council Regular Meeting May 2, 2023 Minutes Kent, Washington MOTION: I move to approve an excused absence for Councilmember Thomas for the City Council meeting of May 2, 2023. 9. OTHER BUSINESS A. Drug and Alcohol Possession - Ordinance - Adopt Mayor Ralph provided a brief history of legislation known as the Blake decision relating to drug possession laws. The current law sunsets on July 1, 2023. a� r Last year, the City Council passed the first public use law in the state of Washington. 4- 0 Mayor talked about the extensive legislative work done during the 2023 0 legislative session. On April 29, 2023, the vote before the senate failed by 13 a votes and on May 1, 2023, the legislative session ended with no fix for Blake. a Mayor Ralph is bringing the ordinance that proposes a solution for the City of Kent. This is a treatment-forward ordinance with the goal to get people into a treatment. If they don't choose treatment, they are ultimately choosing the legal path. M N O Mayor Ralph advised that Kent's proposed ordinance is a roadmap for the N entire state and hopes the legislature takes a look at the City's Ordinance. 4- City Attorney, Tammy White, provided corrected versions of pages 6 and 9 of 0 the ordinance. The online version of the agenda packet reflects these r corrections. White advised this ordinance strikes an appropriate balance between treatment and accountability and replaces the existing chapter 9.12 of the Kent City Code and adds in new crimes that are not enforceable under the state's version. a This Ordinance retains the existing crimes adopted by the Council in September. Additionally, the crime of minor in possession of alcohol is includes to ensure minors have access to the programs. White reviewed the treatment phase and also talked about the creation of a 2-year deferred prosecution program. To pay for treatment or assessment, the Kent Municipal Court utilizes the Community Court funds. White advised ARPA funding can be utilized and there is a potential to also utilize Opioid settlement funds for treatment. White provided responses to council's questions regarding which crimes could ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 6 of 8 Packet Pg. 166 8.A.2 Kent City Council City Council Regular Meeting May 2, 2023 Minutes Kent, Washington be deferred and the process to enter in deferral programs. Additionally, White walked the council through the arrest, court, deferral, treatment and probation process. White talked about what will happen to Kent's laws if the state passes new legislation. Council President spoke in support of the motion and encouraged all residents to reach out to their 47t" Legislative District legislators. Councilmember Fincher spoke in support of the ordinance. Councilmember Larimer spoke in support of the motion and appreciates the - three opportunity to avoid conviction and the accountability piece. 0 L Councilmember Kaur spoke in support of the motion and indicated it's a important to keep in mind constituents concerns and to also support a community members struggling with illness. a 0 Councilmember Troutner spoke in support of the motion and expressed appreciation of all the work of the Mayor and staff. N 0 N Mayor Ralph provided closing remarks and Council President Boyce thanked N the Mayor for her leadership. MOTION: I move to adopt Ordinance No. 4461, repealing and — re-enacting Chapter 9.12 of the Kent City Code to prohibit the unlawful possession of drugs, to prohibit the use of drugs in public places, and to create a new alternative two-year deferred prosecution program for individuals charged with such crimes, which will connect them with treatment and allow their charges to be dismissed or their convictions vacated upon a successful completion of treatment. a RESULT: ADOPTED [UNANIMOUS] r MOVER: Bill Boyce, Council President SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Michaud 10. BIDS None. 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION None. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 7 of 8 Packet Pg. 167 8.A.2 Kent City Council City Council Regular Meeting May 2, 2023 Minutes Kent, Washington 12. ADJOURNMENT Mayor Ralph adjourned the meeting. Meeting ended at 8:41 p.m. Ki4 Ley A. Kamoto- City Clerk a� r 4- 0 R 0 L Q Q a a 0 0 ti M N 0 N N fC 4- O N O 7 C d V C R Q O V V a r ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 8 of 8 Packet Pg. 168 8.B KENT WASHINGTON DATE: May 16, 2023 TO: Kent City Council SUBJECT: Payment of Bills - Approve MOTION: I move to approve the payment of bills received through 4/30/23 and paid on 4/30/23 and approve the checks issued for payroll 4/16/23 - 4/30/23 and paid on 5/5/23, all audited by the Operations and Public Safety Committee on May 2, 2023. SUMMARY: Approval of payment of the bills received through: 04/30/23 and paid 04/30/23 Approval of checks issued for Vouchers: Date Document Numbers Amount 04/30/23 Wire Transfers 9666 9681 $2,449,990.14 04/30/23 Regular Checks 769310 769713 $6,865,760.50 04/30/23 Payment Plus 105011 105043 $128,382.36 Void Checks $0.00 Void Payment Plus $0.00 04/30/23 Use Tax Payable $2,421.31 Total Accounts Payable: $9,446,554.31 Approval of checks issued for Payroll: 04/16/23-04/30/23 and paid 05/05/23 Date Document Numbers Amount 05/05/23 Checks $2,382,648.76 Voids and Reissues $0.00 05/05/23 Advices FR&P 463555 463561 $4,370.65 Total Payroll: $2,387,019.41 BUDGET IMPACT: None 05/02/23 Operations and Public Safety Committee MOTION PASSES Packet Pg. 169 8.B RESULT: MOTION PASSES [UNANIMOUS]Next: 5/16/2023 7:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Larimer, Michaud, Troutner Packet Pg. 170 8.0 KENT WASHINGTON DATE: May 16, 2023 TO: Kent City Council SUBJECT: Budget Adjustment Authorizing One Full Time Employee - Approve MOTION: I move to approve the increase in authorized budgeted FTE's by one full-time position in the Administration Department that would be funded by the American Rescue Plan Act grant. SUMMARY: Although the City is in the process of updating the 2024 mid-biennium budget adjustment, staff believe new circumstances have surfaced that justify bringing a position change before City Council at this time. The Administration Department is requesting to add one full-time Executive Assistant/Management Analyst position in 2023. The City was awarded nearly $28.2 million in American Rescue Plan Act (ARPA) grant funding. These funds must be obligated within the statutory period between March 3, 2021 and December 31, 2024 and expended to cover such obligations by December 31, 2026. Restoring a lost position is needed to better support City Council, the Race & Equity Division, contract management and other administrative functions within the Mayor's Office. BUDGET IMPACT: Use of up to $69,560 of ARPA funding in 2023 - transferred into the General Fund. 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. 05/02/23 Operations and Public Safety Committee MOTION PASSES Packet Pg. 171 8.0 RESULT: MOTION PASSES [UNANIMOUS]Next: 5/16/2023 7:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Zandria Michaud, Councilmember AYES: Boyce, Fincher, Larimer, Michaud, Troutner Packet Pg. 172 8.D KENT WASHINGTON DATE: May 16, 2023 TO: Kent City Council SUBJECT: Accessory Dwelling Unit Ordinance - Adopt MOTION: I move to adopt Ordinance No. 4464, amending the City's accessory dwelling unit regulations and related code provisions, as proposed by staff. SUMMARY: Staff presented the draft ordinance on April 24, 2023, at a Land Use and Planning Board (LUPB) public hearing. LUPB recommended City Council adopt the proposed ordinance. BACKGROUND: On June 1, 2021, City Council adopted the Kent Housing Options Plan (KHOP), which included data, engagement, strategies, and policies to address housing needs in Kent. Accessory Dwelling Units (ADUs) were included in KHOP as one housing option to help meet the needs of current and future residents. An ADU is an additional (accessory) dwelling unit on the same lot as a detached single-family residence that provides basic living, sleeping, eating, cooking, and sanitation requirements. It can be attached or detached from the primary residence. ADUs are sometimes called "in-law" units, casitas, or backyard cottages. Kent has allowed attached and detached accessory dwelling units since 1995. However, less than 30 ADUs have been permitted since 2010. Following adoption of KHOP, staff applied for and received a Housing Action Plan Implementation Grant from the Department of Commerce for $80,000 to fund an update to ADU development standards before June 15, 2023. ADU CODE UPDATE PROCESS: Outreach for this project was conducted in two phases. Phase I - background research occurred during fall of 2022. It included interviews with residents and professionals who have built or attempted to build ADUs in Kent. It was followed by a staff workshop to discuss current processes, identify known barriers to ADU construction, and identify implementation concerns for potential changes. Phase II was a survey to further refine development standards to reduce barriers to ADU construction based on feedback collected during creation of the Kent Housing Options Plan and Phase I outreach. Surveys were available online and in paper Packet Pg. 173 8.D format in English and Spanish. 305 participants completed the survey from February 24 to April 3, 2023. Staff attended in-person events (such as the Kent Downtown Partnership Nerd Party), set up a table at Kent Commons and the Senior Center, and provided flyers to the YMCA and other organizations. Staff also attended existing community meetings. In addition, information about the project and survey was distributed via social media ad buys, the Mayor's weekly newsletter, postcards to a random sample of 500 households, and email blasts. Over 300 survey responses were received. Overall, survey findings highlighted an openness to change many existing policies related to ADUs. A summary of the community engagement efforts and findings is attached. SUMMARY OF PROPOSED CHANGES: The attached ordinance includes the following changes: 1. KCC 7.02.050: Water meters. Adding flexibility to allow ADUs to be served by the same water meter and requiring a notice on title for future condo conversions. 2. 7.04.220: Sewer Minor changes to service charge table for multiple ADUs. 3. KCC 12.14.070: Impact fees - Parks. Codifying that the first ADU is considered part of the primary home's impact fees, and the second shall be charged 50% of the single-family impact fee rate. 4. KCC 12.16.090: Impact fees - Transportation. Codifying that the first ADU is considered part of the primary home's impact fees, and the second shall be charged 50% of the single-family impact fee rate. 5. KCC 15.02.005: Definitions - Accessory Structure. Removing ADU from accessory structure definition so that each section can stand alone. 6. KCC 15.02.114: Definitions - Duplex. Clarifying ADUs are not duplexes under land use code for purposes of density and development regulations. 7. KCC 15.04.030.10: Cleanup Removing reference to no longer relevant code section and clarifying residential design review. 8. KCC 15.05.040: Parking. Adding 1/4 mile distance from major transit exception to ADU parking and adding context to when the planning director can waive parking. 9. KCC 15.08.160: Cleanup. Removing ADU from the accessory building section in favor of having all the ADU regulations in one place. 10.KCC 15.08.250: ADU regulations Two ADUs per lot Allowance of up to 1,000 SF per ADU Configurations allowed for ADUs Packet Pg. 174 8.D Locational criteria on the lot Height limit of 24' and exceptions Design and prohibited materials Gross floor area calculations and exceptions Cross reference to parking requirements Applicable development standards outside of this chapter Removal of owner occupancy requirements Permitting requirements Separate homeownership via condominium allowance Allowance of deviations for existing structures Deviation request criteria BUDGET IMPACT: None. A Department of Commerce grant is funding the development regulations update and ordinance adoption. Implementation of development regulations are part of Economic and Community Development's regular work plan. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Thrivina City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Kent Survey Summary_ April 24, 2023(PDF) 2. ADU 2023 Code Amendments (PDF) 3. Exhibit A RCW 36.70A.696 (PDF) 04/24/23 Land Use and Planning Board RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]Next: 5/8/2023 4:00 PM MOVER: Sally McDonough SECONDER: Sandra Pereira, Co-Chair AYES: Dittmar, Pereira, Kesterson, McDonough, Phelps, Reid EXCUSED: Shane Amodei 05/08/23 Economic and Community Development Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]Next: 5/16/2023 7:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Zandria Michaud, Councilmember AYES: Toni Troutner, Marli Larimer, Zandria Michaud Packet Pg. 175 8.D.a Kent ADU Community Engagement Summary 0 City of Kent ADU Code Update April 2023 Q m c c L O r Contents D Introduction ........................................................................................................................................... 1 3 0 Key Takeaways.....................................................................................................................................2 0 Phase One: Interviews & Staff Workshop........................................................................................................2 M U Phase Two: Community Survey 2 Q M M Phase One: Interviews & Staff Workshop4 LO .............................................................................................. C M PhaseTwo: Community Survey............................................................................................................6 0 N PolicyQuestions.....................................................................................................................................................9 N �L Respondent Demographics................................................................................................................................13 Q- Q I E E 3 Introduction This Community Engagement Summary provides an overview of the work completed by the ADU project c team (Kent staff, BERK, and CAST Architecture) to inform updates to the ADU code. Engaging the 0 Y community is crucial to any planning process, particularly for a topic as personal as housing. It was essential that Kent residents' perspectives were sought, heard, and integrated into the policy direction for the City. In order to effectively reduce barriers, the project team listened to issues through the lens of the c� public, residents, and professionals who have attempted to build ADUs. Q Outreach for this project was conducted in two phases. The first phase consisted of research into the existing landscape of ADUs in Kent, including interviews with individuals who have attempted or successfully complete ADU construction in the city. Phase two was a community survey to test concepts for proposed changes to reduce barriers in existing code language. These survey findings build upon information gathered during the robust engagement process that informed the Kent Housing Options Plan creation in 2020 and 2021. Packet Pg. 176 8.D.a Key Takeaways Engagement for this project included targeted interviews with homeowners who have built ADUs, a staff workshop at the City of Kent, and a community survey. This engagement highlighted openness to change in many existing policies related to ADUs. A summary of findings from these engagement efforts identifies particular areas for consideration for decreasing barriers to the construction of ADUs in Kent. 0 Phase One: Interviews & Staff Workshop Q Interviews with six people identified existing barriers that could be removed to encourage more ADU c construction in Kent. Takeaways from these conversations include: �a L ■ Code language related to fire separation was a barrier identified in multiple interviews. c ■ The owner occupancy restriction was also identified as a barrier. M c ■ Extensive requirements and conflicting codes could be frustrating. 3 ■ Parking requirements are cost-prohibitive or impossible to comply with, eliminating the potential to L construct an ADU. 0 Cn M a) A two-hour workshop was held with Kent staff actively involved in permitting and construction. This discussion focused on identifying elements of the code that create barriers to constructing and permitting Q ADUs. Takeaways from this discussion include: M ■ There was a general consensus that impact fees could be reduced due to an ADU's nature as M subordinate to a single-family home. N • Staff agreed that changes to design standards should allow for more flexibility with alternate unit N types. Design standards included height, size allowances, materials, and roof pitch guidance. 0. Q ■ Development standards for site design could be studied for changes, including topics such as curb >; L cuts, subordinate entrance requirements, lot placement guidelines, and setback standards. f° E E ■ The owner-occupancy restriction is too difficult to enforce. cn ■ Parking restrictions could better adapt to the nuance of project location and details. Limiting garages from counting as parking spaces was a significant barrier. U) r c a� Phase Two: Community Survey Y r A community survey related to ADUs in Kent received 307 responses. Respondents were predominantly E E single-family homeowners who live in Kent. They represent a range of age groups, primarily ages 25 R and older. Those identifying as White are overrepresented in survey responses (68% of respondents Q versus 37% of the overall population), while Asian, Hispanic, and Black residents are underrepresented (22% of survey respondents versus 52% of the total population).' Total population estimates based on 2020 Census results,Table P2,for the City of Kent Packet Pg. 177 8.D.a • 56% of respondents are neutral or support allowing ADU residents to use street parking to make it easier for homeowners to add ADUs to their property. • 57% of respondents support or are neutral toward removing the existing height limits for detached ADUs to allow ADUs taller than the primary home. • 60% of respondents are neutral or support allowing homeowners to build two ADUs on a single property (one attached and one detached). r a ■ When asked about maximum square feet for ADU units, 50% of respondents support up to 800 SF, 0 45% support up to 1,200 SF, and 30% support up to 1,500 SF. 1 3% reported being unsure. Q m • 23% of respondents said they would consider converting their garage into an ADU. c ■ Top reasons that respondents say they would consider having an ADU are rental income (44%) to 'a offset increased housing and property tax costs and to provide housing aging family members c (42%). M a� c m 3 0 L 0 Ln Ln a� Q M M LO M M N O N N C Q Q L E E v/ vJ r C Y r c a) E t v R Q Packet Pg. 178 8.D.a Phase One: Interviews & Staff Workshop The first phase of engagement for this project included interviews with residents and professionals who have built or attempted to build ADUs in Kent, followed by a staff workshop to discuss current processes, identify known barriers to ADU production, and identify implementation concerns for various potential changes. r a Interviews Q The City of Kent records identify 33 existing ADUs in the community. These include garage conversions or additions (18), units attached to the main home (8), basement conversions (4), and separate backyard units (3). Permits for these units date from 2003-2022. There are an additional 17 homeowners who started the permit process for an ADU but ultimately did not complete the build. These 50 addresses p were the pool of potential interviewees contacted for feedback on their experiences and ideas for process improvements to encourage more ADU construction in Kent. Ultimately, five interviews were held: M M c 1 . One homeowner who has been unable to complete their ADU build successfully E 3 2. One homeowner/architect pair who was finishing an ADU build 3. One homeowner with an existing converted basement unit with the desire to build an attic unit in a N new home Q 4. One homeowner with a mother-in-law suite-style ADU M M 5. Habitat for Humanity staff who work in Kent and surrounding communities M M These interviews occurred in the fall of 2022 (September — December). Questions identified project N 0 length and costs, motivation for building an ADU, barriers encountered during the permitting and building N process, and ideas for improving existing code. `*4 •L Key takeaways include: Q ■ Requirements for fire separation and confusion between an ADU vs. duplex was a barrier identified in multiple interviews. Suggestions for improvement highlight the desire for clearer E E guidelines and better/faster communication from the City. In one case of incomplete ADU plans, the homeowner desires to structure their house as a caregiver to adult disabled children. Still, the cost and complexity of required fire separation have made the project infeasible. it • The owner occupancy restriction was identified as barriers that should be considered for removal. These restrictions were called out as unresponsive to the various life circumstances that Y r might surface for a homeowner. Specific examples cited: owning a home with a basement ADU but moving out due to divorce; being unable to rent the ADU while downsizing to move into a retirement home; wanting to incorporate an attic unit for a caregiver; and as a detached unit for family visitors. Q ■ Extensive requirements and conflicting codes could be frustrating. There are inconsistencies between building and zoning code. For example, a plans examiner might comment on improving the construction of an ADU, but then their recommendations might conflict with zoning code language. This added time, back-and-forth, and frustration to the building process. Packet Pg. 179 8.D.a ■ Parking requirements are cost-prohibitive or impossible to comply with, eliminating the potential to construct an ADU. While ADU residents may desire parking spaces, the cost of adding them to meet code requirements often kills the ADU project. Additionally, since Kent does not count garages towards parking requirements, there is often insufficient space on lots to add additional parking and comply with all other requirements (such as stormwater, impervious area, etc.). Staff Workshop r a In October 2022, a staff workshop was held to establish a shared understanding of the ADU project and 0 to discuss code elements that may create barriers to constructing and permitting ADUs in Kent. Nine staff Q members attended, representing various aspects of permitting and construction review process. coi c The two-hour workshop was preceded by a survey to identify areas where staff were in alignment and = topics with identified concerns to help focus the conversation. The topics raised at this workshop included 0 clarifying definitions for various structure types, impact fees, the design review process, zoning code language for site planning, policy restrictions such as owner-occupancy and multiple ADUs on a property, M M parking, and how tiny homes are considered in the ADU code. m Key takeaways from this group discussion include: o ■ There was a consensus that impact fees should be further reviewed. Staff pointed out the o imbalance that a large single-family home addition does not increase impact fees, while an ADU N a� addition to a small home adds a high level of fees. Considerations for any needed fee backfills and Q conversations with partners were identified as the next steps. LO M ■ Staff agreed that changes to design standards should allow for more flexibility with alternate unit types. This includes height, size allowances, materials, and roof pitch guidance. Kent City Code N has the same requirements for ADUs and accessory structures, which results in problems. Staff agreed N it is important to distinguish between ADUs and accessory structures. There was a desire to clarify C*4 differences between safety standards and aesthetic-oriented language, with more flexibility to Q reduce aesthetic design barriers. Q L ■ Zoning code language for site design could be carefully revisited. Curb cuts, subordinate entrance requirements, lot placement guidelines, and setback standards were all discussed as potential areas E for changes. A look at code requirements from peer communities was desired to help this process. y aD • The owner-occupancy restriction is too difficult to enforce. If it is removed, staff recommend 3 identifying a process to remove existing covenants on previously approved ADUs. Other restrictions, c such as only one ADU per property, may require more research to galvanize public support for Y change. a� • Parking restrictions could better adapt to the nuance of project location and details. Due to U existing state law, projects within 114 mile of transit are not allowed to require parking for ADUs. As CU previously mentioned, Kent does not allow a garage to count as parking, which is a unique Q requirement that surrounding cities do not have. Additional considerations related to parking include differences for properties with multiple ADUs, allowing garages to count toward parking totals, and a desire to compare Kent's policies with neighboring communities. Packet Pg. 180 8.D.a Phase Two: Community Survey The City of Kent conducted a survey to gather feedback from the community about a suite of code revisions affecting the siting, construction, and permitting of Accessory Dwelling Units (ADUs). Surveys were available online and in paper format in English and Spanish. Three hundred seven (307) participants completed the survey from February 24 to April 3, 2023. The promotional methods for the survey included: 0 ■ The Downtown Kent Nerd Party, Q ■ Postcard mailer, 0 • Social media ad buys, L ■ Tabling at the Kent Commons and Kent Senior Center, c ■ Listsery emails and strategic outreach to local community organizations, c ■ Previous ADU permit applicants and all persons who sent emails about ADUs to the planning inbox within the past year, and L ■ In-person outreach with the Hispanic Advisory Team. 0 M a� Education on what an Accessory Dwelling Unit (ADU) is and how they can be used was integral to success during outreach events. Staff discovered many misconceptions about ADUs in the community, what they Q are used for, and how they impact the community. M Location of Respondents N 0 96% of respondents are based in Kent, across the four zip codes of the City. "Other" responses include N areas in Auburn, Seattle, Spanaway, Renton, and Lacey. N L Survey Question 1 : What Is Your Zip Code? (306 responses) Q- Q Other, 4% E E 0 /Kent,WA >, aD 98041A2, 98030 r� CU a� Y c Source: BERK, 2023 Packet Pg. 181 8.D.a Current Residence Type for Respondents The majority of respondents (84%) reported living in a single-family home. In Kent, only 51% of housing units are single-family.' Given these figures, multifamily dwellers are underrepresented in this pool of respondents. Survey Question 2: What Type of Housing Do You Live In? (306 responses) Housing Type Count % Total r a 0 Single Family Home 257 84% Q Apartment22..........................................................__7% c......... ......... ......... ................................................... Townhome 8 3% L Mobile or Manufactured Home 7 2% O ...... _......................................................................................................................................................... c Duplex or Multiplex 6 2% a� ......... ......... ......... ......... ......... ..................................................... c Other 4 1% =y 3 Accessory Dwelling Unit (ADU) 3 1% Source: BERK, 2023 (n a� Housing Tenure of Respondents Q Respondents were asked about their housing situation; 269 (88%) reported owning their home, while 33 M said they rented. City-wide, only 56% of households are owner-occupied.3 Three respondents reported not having housing currently, and two reported "Other" as their housing status. N 0 N Off-Street Parking N Parking was one of the most compelling issues to address with the survey, as during phase one outreach, L Q. we heard that the requirement for extra parking could be a limiting factor to the completion of an ADU Q I project. The City has enforced a Director's Interpretation that garages cannot count towards parking spaces. Research indicated that this is a unique requirement in Kent, and no other cities in the region have E this same standard. To determine whether the parking requirements were truly a barrier, CAST y Architecture analyzed multiple neighborhoods, revealing that under the city's current parking regulations, 95% of single-family properties would be unable to build an ADU if required to provide one additional 3 parking space. U) r c Aside from addressing the garageinconsistency, it was also important to ask residents about on-street Y parking as a viable option due to potential changes in the state legislature and sites that would still have difficulty meeting the parking requirement due to lack of onsite space. Respondents were asked whether E they would support allowing residents who build an ADU on their property to use street parking. On a scale of one to five (with five indicating strong support to allow on-street parking), the average (mean) Q response score was 3.0. 2 ACS 5-year Estimates,Table DP04, 2021 3 ACS 5-year Estimates,Table DP04, 2021 Packet Pg. 182 8.D.a Survey Question 4: Kent requires homeowners who build an ADU to include one additional off-street parking space for every ADU constructed. Many residents have told us they do not have the space on their property to fit an additional parking space. Would you support allowing ADU residents to use street parking to make it easier for homeowners to add ADUs to their property? (306 responses) Strongly Oppose r a 0 Somewhat Oppose Q Average response 1-5 (5 is strongly support): 3.0 Neutral c L O r Somewhat Support a� c Strongly Support 3 0 0 Source: BERK, 2023 v a M M LO M M N O N N L Q Q E E d U) C Y c W E t v c� Q Packet Pg. 183 8.D.a Policy Questions Structure Height Kent's current regulations prohibit any accessory structure from being taller than the main home, which can be problematic for single-story homes and older ramblers with an overall shorter roof pitch. The survey asked respondents whether they would support removing the existing height limits for r detached ADUs in Kent up to two stories. c On a scale of one to five (with five indicating strong support to remove existing heigh limits), the average Q (mean) response score was 3.1 . c L Survey Question 5: Kent's regulations prevent property owners from building detached ADUs taller than 0 r the main house on the property. This means that ADUs that share a site with one of Kent's many single- story homes could not be taller than one story. Would you support removing the existing height limits for CD detached ADUs to allow ADUs taller than the main home (up to two stories)? (306 responses) m 3 0 Strongly Oppose o a� Somewhat Oppose i Q Average response 1-5 M Neutral (5 is strongly support): 3.1 M N O N Somewhat Support N L Q Q Strongly Support E E Source: BERK, 2023 y a� Multiple ADUs per Lot 3 U) Kent City Council and Land Use Planning Board supported the allowance of two ADUs per lot, but stipulated that should apply to large lots. Respondents were asked whether they supported potential Y r state legislation which would allow homeowners to build two additional dwelling units (ADUs) on their a� property, one attached and one detached, as opposed to Kent's current regulation that only permits one E ADU. On a scale of one to five (with five indicating strong support to allow two ADUs per lot), the CU average (mean) response score was 3.1. Q Packet Pg. 184 8.D.a Survey Question 6: Kent only allows homeowners to construct one ADU on their lot, regardless of whether it is attached to or detached from the primary home. There is potential state legislation that will require Kent to allow homeowners to build two ADUs on their property. Would you support allowing homeowners to build TWO (2) ADUs on a single property (one attached and one detached)? (303 responses) Strongly Oppose i r a 0 Somewhat Oppose i Q Average response 1-5 (5 is strongly support): 3.1 Neutral c L O Somewhat Support CD c Strongly Support i m 3 0 L 0 Source: BERK, 2023 Size of ADUs in Square Feet Q M Respondents were asked about their support for changing the maximum size allowed for accessory dwelling units (ADUs). Kent's current regulations limit the size of an ADU contained within or attached to M an existing single-family dwelling to no more than one-third the size of the main house on the property. c The size of a detached ADU, for either new construction or an existing home, shall be up to 800 square N feet or 33 percent of the size of the principal unit, whichever is smaller. For this question, respondents N could choose multiple options for the provided size ranges. Q Survey Question 7: Kent's regulations limit the size of ADUs (in square feet) to no more than one-third the L size of the main house on the property. Homeowners have told us this can be so restrictive that building E an ADU is not worth it in many cases. What size ADU would you support allowing? Choose as many as apply. (296 responses) a� s' U) r c a� Y r c a� E t v ® a I support allowing 1- 1 support allowing 2- 1 support allowing I do not know or am bedroom ADUs(600- bedroom ADUs(800- family-sized 3- unsure 800 sf,or square feet). 1,200 sf). bedroom ADUs(1,200- 1,500 sf). Source: BERK, 2023 Packet Pg. 185 8.D.a Desired Resources While most of the questions were geared toward development regulations, collecting feedback on items the city could pursue for implementation or future efforts after code updates were adopted was important. Respondents were asked which resources from the city would be helpful if they were deciding whether to build an additional dwelling unit (ADU) on their property. This helps City staff prioritize implementation efforts. The majority of respondents, 85%, said documents that clearly explain the process for permitting and building an ADU would be helpful. The second most popular resource was a a pre-approved ADU design, which would reduce architecture costs and expedite permitting (79% o support). Just over 10% of respondents chose "Other" as a potentially helpful resource. Themes of `other' Q responses range from more timely communication from city staff, assistance with utility hookups, and c preapproved ADU plans. a c L O Survey Question 8: Which of the following resources from the City of Kent would be helpful if you were c deciding whether to build an ADU? M a� Resources that would help build an ADU Count % Total c Z 3 0 Documents that clearly explain the process for permitting and building an ADU 241 85% ......................................................................................................................................................................................................................................................................................................................................................................................................... ....................................................._.................................................. o (n A preapproved ADU design to reduce architecture costs and expedite permitting 224 79% M ......... ................................._....... A handout with estimates of potential fees and timelines 209 74% Q M Technical assistance from city staff (for example,to create a site plan and permit 197 69% � materials) M A list of companies that have prefabricated and modular (ready-to-place) ADUs 176 62% o ....................................... ......... ____........................................................................................................................................................................._......................................................_......................... N Other 32 11% N L Source: BERK, 2023 Q I L E E v/ vJ r Y r c a� E t v R Q Packet Pg. 186 8.D.a Garage Conversion for Survey Respondents Respondents were asked whether they would consider converting their garage into an additional dwelling unit (ADU). This question was of particular interest to the project team, since a majority of the permitted ADUs over the past twenty years have been garage conversions. Additionally, garage conversions are the most cost-effective option for creating an ADU. Survey Question 9: Would you consider converting your garage into an ADU? (302 responses) r a 0 1% Q already have converted my garage to an ADU F Unsure L O Maybe No 23%41 3 0 0 Y e as (n U) W U a M Source: BERK, 2023 LO M M CM N O N Imagined uses for ADUs .9 The last question asked respondents to imagine they have an ADU tomorrow so that staff could determine Q what these would most likely be used for. Given the feedback received at in-person events, it was clear to staff it was assumed ADUs would be a major impact on their neighborhoods. To accurately respond to these concerns, staff needed to know what most people would use these for. Respondents were asked E E what they would use an additional dwelling unit (ADU) for if they had access to one tomorrow. Over half i) of respondents indicated they would use the ADU as a residence for a family member- either for parents 4) or their adult children. 44% of respondents indicated that they would use the ADU as a rental unit for 3 U) additional income, especially to help offset increased costs of housing and property taxes. 11% of respondents reported using the ADU for "Other" purposes, including situations for home caregivers and Y renting at a discount to friends. a� E c� Q Packet Pg. 187 8.D.a Survey Question 10: If you had access to an ADU tomorrow, what would you use it for? Select all that apply. (300 responses) i r a 0 a Rental unit for Residence for Office or other Residence for I would move Other additional aging family bonus/storage adult children into the ADU r income member(s) space and rent out D my primary a) c residence = m 3 Source: BERK, 2023 0 Respondent Demographics U Understanding the demographic profile of respondents helps the City understand who is paying attention Q to the issue of ADUs in Kent, whom they are effectively reaching with implemented outreach efforts, and M LO which groups may need to be a focus for additional project engagement to ensure community-wide education and communication related to the project. N 0 N Age .9 N Survey respondents were fairly balanced across age groups of 25 and older. Compared to citywide Q population cohorts, residents 55 and over were proportionally much more likely to participate in the Q survey. E E 0 U) m U) c a� Y c a� E t v c� Q Packet Pg. 188 8.D.a Survey Question 13: How Old Are You? (297 responses) OverallAge Survey Respondents Kent Population Prefer not to answer 3% ............................................................................................................................................_....................................................................................................................................................................................................................................................................................... Under 18 years old 0% 27% 18 to 24 years old 2% 7% a ............................................._I... 0 25 to 34 years old 1 1% 17% Q ....................... .... .................................................................................................................................................................................................................................................. m 35 to 44 years old 22% 14% ................................................................................................................................................................................................................................................................................................................................................................................................................................ C 45 to 54 years old 19% 12% 0 r 55 to 64 years old 20% 12% CD 65 years or older 22% 1 1% m Note: ACS age cohorts break at age 19 rather than 18.As a result, the above percentages for the`under 78' group will also include those aged 19 for the Overall Population estimate. i O N Source: ACS 5-year Estimates, Table SO101, 2027; BERK, 2023 N a� Gender Identity Q M Respondents were asked to indicate their gender identity. Ul) M_ ■ 44% of respondents identified as male N O • 50% identified as female N ■ Two respondents (1%) identified as non-binary N L Q. ■ One respondent identified as transgender. Q L ■ None of the respondents chose to self-identify ■ 14 respondents preferred not to answer the question. fn Employment it Respondents were asked to indicate their employment status. 64% are actively working and 24% are a� retired. Y ■ 37% of respondents work outside of Kent C O ■ 27% work in Kent R ■ 24% are retired Q • 5% are not currently employed • No students • 7% `other.' Packet Pg. 189 8.D.a Household Income Respondents were asked about their household income, which refers to the total income for all people they live with. 47% of respondents report household incomes over $100,000. Citywide, 40% of Kent's population makes incomes over $100,000.4 This indicates a higher income skew for respondents to this survey. Survey Question 16: What is your household income (the total income for all people you live with)? (290 responses) a 0 160 Q 140 c R 120 L 100 O r 80 D 50 ` 40 p 20 0 0 � N Less than $25,000- $75,000- Over$100,000 Prefer not to a $25,000 $74,999 $99,999 anwser M M LO Source: BERK, 2023 M N Race and Ethnicity N .9 When asked about race or ethnic identity, 68% of respondents selected 'White.' This compares to the N Kent-wide 37% White population, demonstrating an overrepresentation of White respondents. American Q Indian/Alaska Native and Native Hawaiian/Pacific Islander respondents roughly track with their citywide proportions. All other identified groups (Asian, Hispanic, and Black) appear underrepresented in this ca E survey. E 0 U) m U) c a� Y c aD E t v c� Q 4 ACS 5-year Estimates, Table S1901, 2027; BERK, 2023 Packet Pg. 190 8.D.a Survey Question 17: What is your race or ethnicity? (289 responses) Race or Ethnicity Survey Respondents Kent Population White (of European ancestry) 68% 37% r Asian 10% 23% o Hispanic, Latina/Latino/Latinx ethnicity 6% 16% ...................................................................................................................................................................................................................._...................................................................................................... c Self-identify 6% ......... ......... ......... ......................................_..................................................................................................................... :a L Black or African American 5% 12% O r American Indian or Alaska Native 2% 0.5% M CD c Native Hawaiian or other Pacific Islander 2% 3% z 3 Sources: 2020 Census Table P2; BERK, 202. 0 Language vi a� Respondents were asked to indicate the primary language spoken in their homes. The majority of Q respondents indicated that English is the primary language spoken in their homes. Four responded in Spanish, four respondents reported Vietnamese as their primary language, and two reported Punjabi. M One respondent reported that Korean and Mandarin/Cantonese were the primary languages spoken in M their home. o N Disability N L Respondents were asked about their disability status. Out of the total sample, 28% report having one or Q more disabilities. Among these, 33 respondents reported a physical disability, 12 reported a mental L disability, and 9 reported hearing and visual disabilities. Six respondents reported having an emotional E disability, and four reported a cognitive disability. Additionally, there were nine `other' responses. E a� U) r c a� Y r c a� E t v R Q Packet Pg. 191 8.D.b ORDINANCE NO. 4464 r a 0 a AN ORDINANCE of the City Council of the c City of Kent, Washington, relating to the regulation c of accessory dwelling units, amending sections, o 7.02.050, 7.04.220, 12.14.070, 12.16.090, r 15.02.005, 15.02.114, 15.04.030.10, 15.05.040, 15.08.160 of the Kent City Code, and repealing and replacing in its entirety Section 15.08.350 of the = Kent City Code. o 0 a� RECITALS a A. The City has adopted plans, policies, regulations, and programs LO to increase housing supply and support housing choices. N C N E B. In 2015, the City adopted the Kent Comprehensive Plan, which a� includes a housing element with a purpose of "encouraging diverse housing E Q opportunities that are affordable to all income levels and household needs." c U M N O C. The City finds that there is a need for housing units that are N safe and affordable across all income levels, and provide additional entry a level home ownership options. E 0 D. The City recognizes the need to encourage the development of a accessory dwelling units (ADUs) as an additional strategy to address its housing needs. 1 Re: Accessory Dwelling Units (ADU) Packet Pg. 192 8.D.b E. On November 21, 1995, the City adopted Ordinance 3251, permitting ADUs in compliance with the 1993 Washington Housing Policy Act, with the goals to increase the supply of affordable rental units through better use of the existing housing stock; to make home ownership more affordable; and to increase housing options for older adults, single parent a 0 families, and adults with disabilities. Q a� F. Since 2000, less than 30 ADUs have been built within the City. c L O G. On June 1, 2021, the City adopted the Kent Housing Options Plan (KHOP), establishing a comprehensive list of actions the City can take = to achieve better housing outcomes, increase housing supply, and diversify o housing stock. 0 a� H. Community input received during the creation of KHOP Q demonstrated a willingness from the public to incorporate the development M of additional ADUs as a method to gradually increase density in single-family w neighborhoods. E c a� I. KHOP identifies removing barriers to ADU construction as a E Q near-term, high priority action item consistent with the Cities housing policy 0 U goals to increase entry level homeownership opportunities. N 0 N J. In 2022, the City applied for and received a Department of a w Commerce Housing Action Plan Implementation (HAPI) grant to create a E naturally occurring affordable housing dashboard and update development regulations for ADUs. a 2 Re: Accessory Dwelling Units (ADU) Packet Pg. 193 8.D.b K. Feedback from the public for increasing the development of ADUs has demonstrated a need for the City to reduce financial and regulatory barriers in order to encourage additional ADU construction. L. The ADU code update project included a robust public engagement and research process, including an evaluation of best practices; a 0 comparison with neighboring jurisdictions; interviews with parties who have a built or want to build ADUs; and online and in person public engagement. c M. The City has identified the need for amendments to its 0` r development regulations to provide clarity, remove barriers, improve implementation of established policies, and create consistency with state = laws. 3 0 L 0 N. On April 10, 2023, the Land Use and Planning Board held a regular meeting to discuss amendments to the City's ADU regulations. Q M M M O. On April 10, 2023, staff presented proposed amendments to w the City's ADU regulations to the Economic and Community Development E Committee. c a� E Q P. On April 21, 2023, the City's SEPA Responsible Official issued c U a Determination of Nonsignificance for these 2023 Accessory Dwelling Unit M 0 Ordinance Update (ENV-2023-7/ RPSA-2230850) pursuant to RCW 43.21C N and WAC 197-11. Q w c a� E Q. On April 24, 2023, a request for expedited review was sent to the Washington State Department of Commerce, which acknowledged that a the request was received on April 24. 2023. On May 8, 2023, the City was granted expedited review and was informed that it had met the Growth 3 Re: Accessory Dwelling Units (ADU) Packet Pg. 194 8.D.b Management Act notice requirements under RCW 36. 70A.106; Commerce provided no comments on the proposal. R. On April 24, 2023, after appropriate public notice, the Land Use and Planning Board held a public hearing to consider the proposed code amendments. All public comments received were in support of adopting the a 0 proposed amendments. The Land Use and Planning Board recommended Q adoption of the proposed amendments, as presented by staff, to the City Council. c L O S. On May 8, 2023, the Economic and Community Development Committee considered the recommendation of the Land Use and Planning = Board and made a recommendation to adopt the proposed ordinance to the o full City Council. 0 a� NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, a WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: M M_ ORDINANCE w c a� SECTION 1. - Amendment - KCC 7.02.050. Section 7.02.050 of the E c Kent City Code, entitled 'Separate meters required - Exceptions" is Q amended as follows: 0 U M Sec. 7.02.050. Separate meters required - Exceptions. Except cm as provided in this chapter, each separate building occupied as a dwelling or a as a place of business must have a separate water service and water meter. Where the applicant desires to have two or more service pipes on the same E premises, - e they shall so state in 19-i their application for a water 2 a connection, and separate service pipes shall be run with individual stop cocks to each water meter. Each mobile home park and each condominium 4 Re: Accessory Dwelling Units (ADU) Packet Pg. 195 8.D.b may be served by one water meter. Accessory dwelling units may be served by the same water service and water meter as the principal dwelling unit. No permit will be issued for an accessory dwelling unit served by a shared water meter until the owner records a notice evidencing the shared meter against the property with the King County recorder's office, at the owner's expense, in a form acceptable to the city attorney. An accessory dwelling a 0 unit served by the same water service and water meter as the principal a dwelling unit is subject to KCC 7.01.020 and 7.01.030. The city council may enter into agreements with commercial and industrial users to allow more c than one building to be served by a single meter. o r SECTION 2. - Amendment - KCC 7.04.220. Section KCC 7.04.220 of the Kent City Code, entitled "Schedule of charges for service" is amended o as follows: 0 a� Sec. 7.04.220. Schedule of charges for service. King County a imposes a sanitary sewer service charge for regional sewage treatment. LO These charges are passed through, without increase, directly to the city N sanitary sewer utility customers. The King County pass-through charge for E 2017 is known and established. It is expected, however, that King County a� will increase its pass-through charge over time. Accordingly, except for the E Q 2017 charge, all other King County charges are estimates only. In order to c U simplify the rate-making structure, the finance director is authorized to N 0 amend King County's pass-through charges at the time King County imposes N new charges. a c a� E Beginning January 1, 2018, and on the first day of each calendar year 0 thereafter, the total sewer rate will adjust by the Consumer Price Index a (CPI), specifically the CPI-W Seattle-Tacoma-Bellevue, measured from June 1st through June 1st of the previous calendar year, if the CPI-W reflects an 5 Re: Accessory Dwelling Units (ADU) Packet Pg. 196 8.D.b upward adjustment from the previous annual June to June period. For the years 2018-2022 the adjustment will not exceed 2.4 percent of the total sewer rate, but after that, beginning January 1, 2023, any increase in the CPI will not be subject to this 2.4 percent limit. In order to simplify the rate- making structure, the finance director is authorized to amend the rate each year to reflect the CPI adjustment. a O Q In addition, the year 2017 city rate for all types of service is subject to any CPI or King County rate increases; for the year 2018 the city rate will c �a increase $1.25 in addition to any CPI or King County rate increases; and for 0 r the year 2019 the city rate will increase $0.50 in addition to any CPI or King County rate increases. a� 3 0 The following sanitary sewer service charges for city sanitary sewer service c are in effect on the dates and in the amounts listed below: Q M M LO M N C N E C N E Q N O U M N O N Q C N E L V Q 6 Re: Accessory Dwelling Units (ADU) Packet Pg. 197 8.D.b King Total City Sewer County Type of Service Sewer Rate Sewer Rate Ratet 1. "Single-family dwelling,"as defined in Chapter 15.02 KCC. $22.16* $44.22 $66.38 r a 0 2. Residential property with two or more dwelling units when each dwelling $22.16 $44.22 $66.38 Q unit is separately metered and charged. "Dwelling unit' includes"duplex"and per unit per unit per unit c 0 "multifamily dwelling"as those terms are defined in Chapter 15.02 KCC. L O 3. Residential property with two or more dwelling units that are serviced by $22.16 $44.22 $66.38 the same meter. This includes"duplex"and "accessory dwelling UFA units," per unit per unit per unit but excludes"multifamily dwelling," as those terms are defined in 3 Chapter 15.02 KCC. 0 4. All other than service types 1, 2, 3, and 4 shall be billed in accordance with $8.85** per 100 cubic feet per the consumption of water and at the following rate,*except that no monthly month Q bill shall be less than the single-family residential rate set forth in service type M LO No. 1. This includes a "multifamily dwelling"with "dwelling units"that are not N separately metered and charged, as those terms are defined in c a� Chapter 15.02 KCC. c a� t Estimated, based on adjustments issued by King County. Q 0 U * Customers who qualify for the lifeline utility rate, set forth in KCC 7.01.070, will N 0 receive a rate reduction of 60 percent from the city's sewer rate. 0 a ** Beginning January 1, 2018, this rate will adjust annually based on the basic rate shown for service types 1 and 2 above, calculated on this formula: Total Sewer Rate/7.5 = price per 100 cubic ft. per month. a 7 Re: Accessory Dwelling Units (ADU) Packet Pg. 198 8.D.b SECTION 3. - Amendment - KCC 12.14.070. Section KCC 12.14.070 of the Kent City Code, entitled "Exemptions" is amended as follows: Sec. 12.14.070. Exemptions. r a 0 A. The following shall be exempted from the payment of all a transportation impact fees: 1. Alteration or replacement of an existing nonresidential c structure that does not expand the usable space or change the existing land o r use. 2. Miscellaneous improvements which do not generate increased p.m. peak hour person trips, including, but not limited to, fences, walls, o residential swimming pools, and signs. c 3. Demolition or moving of a structure when additional p.m. peak hour person trips are not generated. a 4. A change of use that has less impact than the existing use shall LO not be assessed a transportation impact fee. N 5. Construction of an accessory residential structure, including the E first accessory dwelling unit (ADU) under KCC 15.08.350, as it is considered a� part of the single-family use associated with this fee. Subsequent ADU E Q permits shall be charged 50% of the single-family unit impact fee. c U M N O B. The director shall be authorized to determine whether a particular N development activity falls within an exemption identified in this chapter, in a any other KCC provision, or under other applicable law. Determinations of E the director shall be in writing and shall be subject to the appeals procedures 0 set forth in KCC 12.14.100. a 8 Re: Accessory Dwelling Units (ADU) Packet Pg. 199 8.D.b SECTION 4, - Amendment - KCC 12.16.090. Section KCC 12.16.090 of the Kent City Code, entitled "Exemptions" is amended as follows: Sec. 12.16.090. Exemptions. A. The park impact fees are generated from the formula for calculating a 0 the fees set forth in this chapter. The amount of the impact fees is a determined by the information contained in the adopted park and open space plan, park project list, and related documents, as appended to the c city's comprehensive plan. All development activity located within the city o r shall be charged a park impact fee; provided, that the following exemptions apply. a� 3 0 B. The following shall be exempt from parks impact fees: c 1. Replacement of a structure with a new structure having the same use, at the same site, and with the same gross floor area, when such a replacement is within 12 months of demolition or destruction of the previous LO structure. N 2. Alteration, expansion, or remodeling of an existing dwelling or E structure where no new units are created and the use is not changed. a� 3. Construction of an accessory residential structure, including the E Q first accessory dwelling unit (ADU) under KCC 15.08.350, as it is considered c U part of the single-family use associated with this fee. Subsequent ADU N 0 permits shall be charged 50% of the single-family unit impact fee. N 4. Miscellaneous improvements including but not limited to a fences, walls, swimming pools, and signs that do not create an increase in E demand for park services. 0 5. Demolition of or moving an existing structure within the city a from one site to another. 9 Re: Accessory Dwelling Units (ADU) Packet Pg. 200 8.D.b 6. Change of Use. A development permit for a change of use that has less impact than the existing use shall not be assessed a park impact fee. 7. A fee payer required to pay for system improvements pursuant to RCW 43.21C.060 shall not be required to pay an impact fee for the same improvements under this chapter. a 0 a C. The director shall be authorized to determine whether a particular development activity falls within an exemption identified in this section. c Determinations of the director shall be subject to the appeals procedures set 0` r forth in KCC 12.16.100. a� c SECTION 5. - Amendment - KCC 15.02.005. Section KCC 15.02.005 3 0 of the Kent City Code, entitled "Accessory use or structure" is amended as o follows: N a� a Sec. 15.02.005. Accessory use or structure. Accessory use or M structure means a use or structure on the same lot with, and of a nature w customarily incidental and subordinate to, the principal use or structure. E Accessory structures include, but are not limited to: garages, dwelling un a� guest cottages, sheds, storage buildings, and workshops. Q 0 U SECTION 6. - Amendment - KCC 15.02.114. Section KCC 15.02.114 M N O of the Kent City Code, entitled "Duplex" is amended as follows: N 0 Q w Sec. 15.02.114. Duplex/Two Family Dwelling. Duplex two E family dwelling means one (1) detached residential building containing two (2) dwelling units totally separated from each other by a one (1) hour fire a wall or floor, designed for occupancy by not more than two (2) families. 10 Re: Accessory Dwelling Units (ADU) Packet Pg. 201 8.D.b Accessory dwelling units attached to a principal dwelling unit regardless of the presence of a fire wall are not considered duplexes for the purposes of land use and zoning regulations. SECTION 7. - Amendment - KCC 15.04.030. Section KCC 15.04.030 of the Kent City Code, entitled "Residential land use development conditions" a 0 is amended as follows: Q a� 1. Dwelling units, limited to not more than one per establishment, c for security or maintenance personnel and their families, when located on 0 r the premises where they are employed in such capacity. No other residential use shall be permitted. _ 2. Multifamily residential uses, or other residential facilities where o allowed, are only permissible in a mixed-use overlay and must be included L 0 within a mixed-use development. 3. Assisted living facilities, residential facilities with health care, Q and independent senior living facilities, when not combined with commercial M or office uses, require a minor conditional use permit and are subject to the w following conditions: E a. Must be located within one-half mile of publicly a� accessible amenities in at least three of the following categories, as E Q determined by the economic and community development director. The c U distance shall be measured as the shortest straight-line distance from the N 0 property line of the proposed facility to the property line of the entities listed N below: a w i. Public park or trail, as identified in the city's most E recently adopted park and open space plan, or owned or maintained by any agency of the state, or any political subdivision thereof; a ii. Preschool, elementary, or secondary school (public or private); 11 Re: Accessory Dwelling Units (ADU) Packet Pg. 202 8.D.b iii. Indoor recreational center (community center, senior center, physical recreation facility, bingo or casino hall); iv. Church, religious institution, or other place of worship; V. Cultural arts center (theater, concert hall, artistic, cultural, or other similar event center); a 0 vi. Retail services, including, but not limited to: a medical services; food and beverage establishments; shopping centers; or other commercial services that are relevant (reasonably useful or germane) c to the residents of the proposed facility, as determined by the city's o r economic and community development director. b. Alternatively, if the facility provides amenities in one or more of the categories listed in subsection (3)(a) of this section on the o ground floor of the facility itself, oriented towards the public (meaning that c U) they are visible, accessible, and welcoming), the number of other amenities a to which a half-mile proximity is required may be reduced, at the discretion a of the city's economic and community development director. LO 4. Multifamily residential uses, or other residential facilities where N allowed, when established in buildings with commercial or office uses, and E prohibited on the ground floor. W 5. Multifamily residential uses, or other residential facilities where E Q allowed, when not combined with commercial or office uses. c U 6. Existing dwellings may be rebuilt, repaired, and otherwise N 0 changed for human occupancy. Accessory buildings for existing dwellings N may be constructed subject to the provisions of KCC 15.08.160. a 7. Transitional housing facilities, limited to a maximum of 20 E residents at any one time, plus up to four resident staff. 0 8. Accessory structures composed of at least two walls and a roof, a not including accessory uses or structures customarily appurtenant to agricultural uses, are subject to the provisions of KCC 15.08.160. 12 Re: Accessory Dwelling Units (ADU) Packet Pg. 203 8.D.b 9. Farm dwellings appurtenant to a principal agricultural use for the housing of farm owners, operators, or employees, but not accommodations for transient labor. 10. Accessory dwelling units shall not be included in calculating the maximum density. Accessory dwelling units are allowed only on the same lot with a principally permitted detached single-family dwelling unit, and are a 0 subject to the provisions of KCC 1598.160 a„d 15.08.350. Accessory a dwelling units that are attached to or contained within existing single-family residences are not subject to residential design review. c 11. Customary incidental home occupations subject to the 0 r provisions of KCC 15.08.040. 12. Multifamily buildings and transitional housing are only allowed = on parcels where hotels or motels exist as of August 17, 2021, and are o subject to a maximum dwelling unit density that is equal to the number o U) of hotel rooms. (For transitional housing, density shall be calculated based on beds rather than dwelling units.) Replacement and remodel of Q existing hotels and motels are both allowed, and new or reconstructed M development is not limited to the same footprint or height as w existing buildings. Multifamily buildings and transitional housing are E governed by the density limit described herein as well as the development a� standards in the zoning district. E Q 13. Subject to the combining district requirements of the mobile c U home park code, Chapter 12.05 KCC. N 0 14. Accessory living quarters are allowed per the provisions of N KCC 15.08.359. Q w 15. [Reserved]. E 16. Recreational vehicle storage is permitted as an accessory use in accordance with KCC 15.08.080. a 17. Accommodations for farm operators and employees, but not accommodations for transient labor. 13 Re: Accessory Dwelling Units (ADU) Packet Pg. 204 8.D.b 18. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 19. The following zoning is required to be in existence on the entire property to be rezoned at the time of application for a rezone to an MR-T zone: SR-8, MR-D, MR-G, MR-M, MR-H, NCC, CC, GC, DC, or DCE. a 0 20. All multifamily townhouse developments in an MR-T zone shall Q be recorded as townhouses with ownership interest, as defined in KCC 15.02.525.1, prior to approval of a certificate of occupancy by the city. c 21. [Reserved]. 0` r 22. One duplex per lot is permitted. 23. Secure community transition facilities are only permitted within = the boundaries depicted on the following map, and only with a conditional o use permit: L 0 a M —sxa-ram f/1 � � C t >.L I � 0 U O 04 l�l t V R a 24. A secure community transition facility shall also comply with applicable state siting and permitting requirements pursuant to 14 Re: Accessory Dwelling Units (ADU) Packet Pg. 205 8.D.b Chapter 71.09 RCW. Secure community transition facilities are not subject to the siting criteria of KCC 15.08.280 for class III group homes, but they are subject to a 600-foot separation from any other class II or III group home. In no case shall a secure community transition facility be sited adjacent to, immediately across the street or parking lot from, or within the line of sight of risk-potential activities or facilities in existence at the time a a 0 site is listed for consideration. Within the line of sight means that it is Q possible to reasonably visually distinguish and recognize individuals. For the purposes of granting a conditional use permit for siting a secure community c transition facility, the hearing examiner shall consider an unobstructed 0 r visual distance of 600 feet to be within the line of sight. During the conditional use permit process for a secure community transition = facility, the line of sight may be considered to be less than 600 feet if the o applicant can demonstrate that visual barriers exist or can be created that L 0 would reduce the line of sight to less than 600 feet. This distance shall be measured by following a straight line, without regard to Q intervening buildings, from the nearest point of the property or parcel upon M which the proposed use is to be located, to the nearest point of the parcel w or property or the land use district boundary line from which the E proposed use is to be separated. For the purpose of granting a conditional a� use permit for a secure community transition facility, the hearing examiner Q shall give great weight to equitable distribution so that the city shall not be c U subject to a disproportionate share of similar facilities of a statewide, M 0 regional, or countywide nature. N 25. A designated manufactured home is a permitted use with the a w following conditions: E a. A designated manufactured home must be a new manufactured home; a b. The designated manufactured home shall be set upon a permanent foundation, as specified by the manufacturer, and the space from 15 Re: Accessory Dwelling Units (ADU) Packet Pg. 206 8.D.b the bottom of the home to the ground shall be enclosed by concrete or an approved concrete product that can be either load-bearing or decorative; C. The designated manufactured home shall comply with all city design standards applicable to all other single-family homes; d. The designated manufactured home shall be thermally equivalent to the State Energy Code; and a 0 e. The designated manufactured home shall meet all other a requirements for a designated manufactured home as defined in r_ RCW 35.63.160. c �a 26. Multifamily dwellings shall be allowed only within the Kent 0` r downtown districts outlined in the downtown subarea action plan and shall be condominiums recorded pursuant to Chapter 64.32 or 64.34 RCW or similar dwelling units with ownership interest and recorded as such prior to 0 approval of a certificate of occupancy by the city. c 27. Within subdivisions, as defined by KCC 12.04.025, vested after March 22, 2007, or altered to comply with zoning and subdivision code a amendments effective after March 22, 2007, 25 percent of the total number LO of permitted dwelling units may be duplex or triplex townhouse structures. N 28. Live-work units; provided, that the following development E standards shall apply for live-work units, in addition to those set forth in a� KCC 15.04.190: E Q a. The unit shall contain a cooking space and sanitary c U facility in conformance with applicable building standards; N 0 b. Adequate and clearly defined working space must N constitute no less than 50 percent of the gross floor area of the live-work a unit. Said working space shall be reserved for and regularly used by one or E more persons residing there; 0 C. At least one resident in each live-work unit shall a maintain at all times a valid city business license for a business on the premises; 16 Re: Accessory Dwelling Units (ADU) Packet Pg. 207 8.D.b d. Persons who do not reside in the live-work unit may be employed in the live-work unit when the required parking is provided; e. Customer and client visits are allowed when the required parking is provided; f. No portion of a live-work unit may be separately rented or sold as a commercial space for a person or persons not living on the a 0 premises, or as a residential space for a person or persons not working on a the premises; g. [Reserved]; c h. Construct all nonresidential space, to the maximum 0` r allowed, to commercial building standards; and i. Provide an internal connection between the residential and nonresidential space within each unit. o 29. Subject to the maximum permitted density of c U) the zoning district. For assisted living facilities, residential facilities with health care, and independent senior living facilities, each residential care a unit is considered one dwelling unit for purposes of density calculations. LO For transitional housing, one bed is considered one dwelling unit for the N purposes of density calculations. E 30. Conditional use when the number of residents exceeds 20 at a� any one time or more than four resident staff. E Q 31. Emergency housing and emergency shelter facilities are c U allowed in the MR-D, MR-G, MR-M, and MR-H zoning districts, in conjunction N 0 with an approved conditional use permit that satisfies the below conditions, N and must satisfy the requirements of RCW 35A.21.360(10) prior to opening. a a. General conditions. Emergency housing and emergency E shelter facilities are subject to the following general conditions: 0 i. The emergency housing or shelter facility must be a located on the same lot as an actively operating church or similar religious institution. 17 Re: Accessory Dwelling Units (ADU) Packet Pg. 208 8.D.b ii. At the time of application for the conditional use permit, there shall be no other approved emergency housing or shelter facility located within 1,000 feet of the proposed emergency housing or shelter facility site. For the purposes of this subsection, distance shall be measured in a straight line between the closest property line of the existing facility and the closest property line of the proposed facility. For purposes of a 0 this section, if the city receives applications for proposed facilities that are a within 1,000 feet of each other, the first complete application received by the city shall be given priority. c iii. An emergency housing facility and an emergency 0` r shelter facility may not be permitted on the same lot simultaneously. iv. Emergency housing and shelter facilities shall be permitted to operate for a maximum of 90 consecutive days, and there shall o be a minimum period of 90 consecutive days between operational periods c U) during which the emergency housing or shelter facility does not operate. The 90-day period of nonoperation shall apply to the operation of an emergency a housing facility followed by an emergency shelter facility and vice versa. LO V. The building footprint of the emergency N housing or shelter facility cannot exceed the building footprint of the church a) E or similar religious institution that exists on the same lot. c aD vi. The church or similar religious institution on the E Q same lot as the emergency housing or shelter facility shall be primarily 0 U responsible for the operation and maintenance of the facility itself, as well N 0 as the conduct of the residents of the facility on and in the immediate vicinity N of the lot, to the maximum extent permitted by law, regardless of whether a the organization contracts with a third party for the provision of any services a E related to the facility itself or its residents. 0 vii. The emergency housing or shelter facility shall a comply with the setbacks and landscaping requirements for churches, as identified in KCC 15.08.020(A). 18 Re: Accessory Dwelling Units (ADU) Packet Pg. 209 8.D.b viii. The possession or use of illegal drugs at an emergency housing or shelter facility or the property occupied by the facility is prohibited. ix. Emergency housing or shelter facilities shall be responsible for the safety of residents of the facility, and shall establish a plan to remove individuals who present a threat to other residents or the a 0 property of other residents. a X. In the event of a public health emergency, the city may require an emergency response plan that is in substantial compliance c with relevant guidance and requirements issued by Public Health - Seattle 0 r and King County in response to the public health emergency. xi. Emergency housing and shelter facilities must comply with all applicable fire and building codes set forth in o Chapters 13.01 and 14.01 KCC. c xii. The church or religious institution must provide the city written documentation of the following: a (a) A description of the proposed staffing and LO operational characteristics, including confirmation of sanitation and basic N safety measures required for emergency shelters. E (b) A description of the proposed population to a� be served and code of conduct to be observed including conflict resolution E Q steps. 0 U (c) Criteria for rejection or removal of an N 0 individual seeking access to the facility. N (d) A plan for managing the exterior a appearance of the proposed site including trash/litter. E (e) A phone number, email, and point of 0 contact at the site of the facility for the community to report concerns. a (f) A plan for addressing reported concerns and documenting resolution, and making this information publicly available. 19 Re: Accessory Dwelling Units (ADU) Packet Pg. 210 8.D.b (g) A proposed site plan showing compliance with all requirements set forth in this subsection (31) and applicable fire and building codes set forth in Chapters 13.01 and 14.01 KCC. xiii. Emergency housing and shelter facilities must have two naloxone (Narcan) kits onsite, and staff must be trained in how to administer the naloxone (Narcan). a 0 xiv. The possession of any of the weapons described a in RCW 9.41.280(1) at an emergency housing or shelter facility or the property occupied by the facility is prohibited. c b. Emergency housing facilities - Additional 0` r conditions. Emergency housing facilities must operate pursuant to an agreement with the city, approved by the director of economic and community development, and are subject to the following additional o conditions: 0 i. The emergency housing facility must be located within a permanent, enclosed building. a ii. The emergency housing facility must be located LO on a lot that is a minimum of one acre in size. N C. Emergency shelter facilities - Additional E conditions. Emergency shelter facilities must be located within a a� temporary structure as described below, and are subject to the following E Q additional conditions: c U i. Emergency shelter facilities are limited to a N 0 maximum sleeping occupancy of 35 people. The design of the N temporary structure shall include an occupant load factor of a minimum of a 50 square feet per occupant and a three-foot aisle around the entire inside E perimeter of the tent. 0 ii. The emergency shelter facility must be located on a a lot that is a minimum of two acres in size. 20 Re: Accessory Dwelling Units (ADU) Packet Pg. 211 8.D.b iii. Emergency shelter facilities must be within a single, large temporary enclosure, such as a tensile membrane structure, or within multiple identical temporary enclosures, such as matching vinyl canvas tents, that are a minimum of 400 square feet in size. If the floor of a temporary enclosure does not provide insulation from the ground, camping cots or other off-ground sleeping structures must be provided. The use of a 0 small, individual tents or makeshift structures including, without limitation, a those created with tarps or plastic is prohibited. iv. Gasoline-powered generators are prohibited. c V. Smoking or open flames inside the 0` r temporary structure are prohibited, and the use of portable heaters within personal tents is prohibited. All heating equipment shall be in accordance with the adopted fire code. o vi. Emergency shelter facilities shall provide c U) sanitation and basic safety measures including the following: a (a) One portable or permanent toilet per 20 a persons at a minimum, with a handwashing station at each toilet. LO (b) Rodent-proof litter receptacles and food N storage containers. E (c) Two large first-aid kits that include c W emergency eye wash bottles. E Q (d) Secured area for dry supplies storage c U (blankets, clothing, food, first-aid). N 0 (e) Covered kitchen area at least 20 feet from N any sleeping areas, with handwashing and dishwashing stations stocked with a soap. E (f) Cleaning supplies including work gloves, 0 disposable gloves, trash grabber-tool, disinfectant, hand sanitizer, masks, a buckets, paper towels, etc. (g) Feminine hygiene products. 21 Re: Accessory Dwelling Units (ADU) Packet Pg. 212 8.D.b (h) Three- to four-foot-wide aisle between sleeping structures so as to be ADA compliant and accessible by emergency services personnel. 32. The following restrictions apply to all group homes: a. A group home is considered a single-family residential use and shall not be combined with another residential use on a 0 the same parcel including, but not limited to, a communal Q residence or short-term rental; b. A city of Kent business license is required in accordance c with Chapter 5.01 KCC; 0` r C. The applicant is responsible for obtaining any relevant required state licenses and providing an up-to-date copy of any relevant = state license, or proof one is not required by the state, to the city of Kent o prior to approval of a city business license; o U) d. Family members of the provider may live in the group home, but such members are limited only to a spouse and children of Q the provider or spouse, and are subject to the background check M requirements of WAC 388-73-10166 and 388-76-10161; and w e. An accessory dwelling unit is permitted only if used as E part of the operation of a group home and may not be leased or sub-leased a� to a separate family. E Q f. Group homes functioning as permanent supportive c U housing are subject to a spacing requirement as follows: At the time of M 0 application for business license, there shall be no other approved group N home functioning as permanent supportive housing located within 1,000 feet a w of the proposed group home functioning as supportive housing. There shall E also be no public schools within 1,000 feet of the proposed group home functioning as supportive housing. For the purposes of this subsection, a distance shall be measured in a straight line between the closest property line of the existing facility and the closest property line of the proposed 22 Re: Accessory Dwelling Units (ADU) Packet Pg. 213 8.D.b facility. For purposes of this section, if the city receives applications for proposed facilities that are within 1,000 feet of each other, the first complete application received by the city shall be given priority. 33. The following restrictions apply to all communal residences: a. A city of Kent business license is required in accordance with Chapter 5.01 KCC; a 0 b. No more than three rooms within the home or accessory a structure may be separately leased or sub-leased; and C. Each room being leased or sub-leased shall have c adequate space, light, electricity, heating, emergency egress, a smoke 0 r detector, and access to adequate sanitation and eating facilities pursuant to the International Residential Code and International Property Maintenance Code as adopted in Chapter 14.01 KCC. Adequate space means floor area of o no less than 70 square feet in size, no less than seven feet of ceiling height, c W and shall not have any horizontal dimension less than seven feet. Egress means one emergency escape rescue opening at least 5.7 a square feet, 24 inches high, and 20 inches wide. LO 34. The following restrictions apply to short-term rentals: N a. A city of Kent business license is required in accordance E with Chapter 5.01 KCC; a� b. The home shall be occupied by the owner or a E Q nontransient tenant for at least six months of each year; c U C. No more than three rooms within the home or accessory N 0 structure may be offered as short-term rentals; and N d. The applicant is responsible for complying with a the short-term rental requirements of Chapter 64.37 RCW. E 35. Subject to an approved conditional use permit meeting the 0 conditions set forth below, emergency housing facilities are allowed in the a DC, DCE, MTC-1, MTC-2, MCR, CM, GC, and I1 zoning districts, and emergency shelters are not allowed in these same districts. Prior to 23 Re: Accessory Dwelling Units (ADU) Packet Pg. 214 8.D.b opening, the requirements of RCW 35A.21.360(10) must be satisfied, whether or not the owner or operator is a religious organization. a. Genera/ conditions. Emergency housing facilities are subject to the following additional conditions: i. The emergency housing facility must be located within a permanent, enclosed building. a 0 ii. The emergency housing facility must be located on a a lot that is a minimum of one acre in size. iii. Emergency housing facilities must operate pursuant c to an agreement with the city, approved by the director of economic and o r community development. C iv. At the time of application for the conditional use permit, there shall be no other approved emergency housing or shelter o facility located within 1,000 feet of the proposed emergency housing facility c M site. For the purposes of this subsection, distance shall be measured in a straight line between the closest property line of the existing facility and the a closest property line of the proposed facility. For purposes of this section, if LO the city receives applications for proposed facilities that are within 1,000 N feet of each other, the first complete application received by the city shall a) E be given priority. c M v. Emergency housing facilities shall be permitted to E Q operate for a maximum of 90 consecutive days, and there shall be a c U minimum period of 90 consecutive days between operational periods during N 0 which the emergency housing facility does not operate. The 90-day period N of nonoperation shall apply to the operation of any emergency a housing facility followed by an emergency shelter facility and vice versa. a E vi. The person or organization that owns or operates the 0 facility shall be primarily responsible for the operation and maintenance of a the facility itself, as well as the conduct of the residents of the facility on and in the immediate vicinity of the lot, to the maximum extent permitted by 24 Re: Accessory Dwelling Units (ADU) Packet Pg. 215 8.D.b law, regardless of whether the person or organization contracts with a third party for the provision of any services related to the facility itself or its residents. vii. The possession or use of illegal drugs at an emergency housing facility or the property occupied by the facility is prohibited. a 0 viii. Emergency housing facilities shall be responsible for a the safety of residents of the facility, and shall establish a plan to remove individuals who present a threat to other residents or the property of other c residents. o r ix. In the event of a public health emergency, the city may require an emergency response plan that is in substantial compliance with relevant guidance and requirements issued by Public Health - Seattle o and King County in response to the public health emergency. c x. Emergency housing facilities must comply with all applicable fire and building codes set forth in Chapters 13.01 and 14.01 a KCC. M LO M xi. The owner or operator of the emergency N housing facility must provide the city written documentation of the E following: a� (a) A description of the proposed staffing and E Q operational characteristics. c U (b) A description of the proposed population to N 0 be served and code of conduct to be observed including conflict resolution N steps. a (c) Criteria for rejection or removal of an E individual seeking access to the facility. 0 (d) A plan for managing the exterior a appearance of the proposed site including trash/litter. 25 Re: Accessory Dwelling Units (ADU) Packet Pg. 216 8.D.b (e) A phone number, email, and point of contact at the site of the facility for the community to report concerns. (f) A plan for addressing reported concerns and documenting resolution, and making this information publicly available. (g) A proposed site plan showing compliance with all requirements set forth in subsection (35) of this section and a 0 applicable fire and building codes set forth in Chapters 13.01 and 14.01 a KCC. 0 U xii. Emergency housing facilities must have two c naloxone (Narcan) kits onsite, and staff must be trained in how to administer o r the naloxone (Narcan). xiii. The possession of any of the weapons described in RCW 9.41.280(1) at an emergency housing or shelter facility or the o property occupied by the facility is prohibited. c 36. Isolation and quarantine facilities are subject to the following general conditions: a a. An isolation and quarantine facility may operate under LO a temporary use permit for 180 days as authorized by KCC 15.08.205. N Any use beyond 180 days requires a conditional use permit in accordance E with KCC 15.09.030. a� b. A minimum six-foot-tall perimeter fence with controlled E Q access shall be installed prior to operation of the facility. c U C. Onsite security personnel shall be present 24 hours a N 0 day, seven days a week to discourage quarantined or isolated individuals N from leaving the facility and to control access. a d. The operator shall provide meals, medical services, E supplies, counseling, and other services as needed to individuals housed at 0 the facility. a e. The operator shall provide any necessary medical transportation service. 26 Re: Accessory Dwelling Units (ADU) Packet Pg. 217 8.D.b f. The operator shall provide transportation for residents to and from the facility to ensure they are not reliant on public transportation. g. The possession or use of illegal drugs at an isolation and quarantine facility or the property occupied by the facility is prohibited. h. The facility will comply with applicable state and local building, plumbing, electrical, mechanical, utilities, and fire code a 0 requirements during operation of the temporary quarantine and isolation a facility. i. Prior to the issuance of a temporary use permit or c a conditional use permit, the operator of the isolation and quarantine facility o r shall provide the city a written operational plan that includes: i. A plan for meeting the general conditions listed in this subsection (36). o ii. A description of the proposed staffing and c operational characteristics. iii. A description of the proposed population to be a served. M LO M iv. A phone number, email, and point of contact at N the site of the facility for the community to report concerns. E V. A plan for addressing reported concerns and a� documenting resolution, and making this information publicly available. E Q vi. A plan for transporting individuals back to their c U location of residence following the completion of the isolation or quarantine M 0 period. N 0 a SECTION 8. - Amendment - KCC 15.05.040. Section KCC 15.05.040 E of the Kent City Code, entitled "Parking standards for specific activities" is 0 amended as follows: a 27 Re: Accessory Dwelling Units (ADU) Packet Pg. 218 8.D.b Sec. 15.05.040. Parking standards for specific activities. A. Standards for the number of parking spaces for specific activities are indicated in the following chart: SPECIFIC LAND USE PARKING SPACE a 0 REQUIREMENT Q m U Living activities c Single-family Two parking spaces 0 O r per single-family dwelling. c a� Duplex Two parking spaces m per dwelling unit. o Multifamily-,- One parking space per unit 0 for efficiency apartments in all sized developments; two Q M parking spaces for M each dwelling unit for y .r developments with 49 or less dwelling units; one and c a� eight-tenths parking spaces E Q a� per dwelling unit for c U developments of 50 or M N O more dwelling units. N Accessory dwelling One off-street parking space Q unit per accessory unit is required in addition to the c� required parking for the Q single-family home. No off- street parking is required if 28 Re: Accessory Dwelling Units (ADU) Packet Pg. 219 8.D.b SPECIFIC LAND USE PARKING SPACE REQUIREMENT Principal single-family dwelling is within '/4 mile distance of a manor transit CL stop as defined by RCW 0 0 36.70A.696. The planning Q m director may waive this c requirement where there are L special circumstances O r related to the property, a� its location, and the right- of-way. The surface of a o required ADU off-street c parking space shall comply with KCC 15.05.090(E). Q M Boardinghouses and One parking space for the Ul) M lodging houses proprietor, plus one space y .r c per sleeping room for E boarders or lodging use, plus one additional space for Q a� each four persons employed 0 U on the premises. M CIA N Mobile Two parking spaces for and manufactured each mobile home site. Q c home parks 0 E Recreational vehicle One parking space for each Q park site. 29 Re: Accessory Dwelling Units (ADU) Packet Pg. 220 8.D.b SPECIFIC LAND USE PARKING SPACE REQUIREMENT Hotels5 One parking space for each guest room, plus two parking spaces for each three r employees. 0 Q Commercial activities ' m U c Banks6 One parking space for each =a 200 square feet of gross 0 r floor area, except when part of a shopping center. m Professional and One parking space for each 3 0 business offices6 250 square feet of gross 0 floor area, except when part of a shopping center. Q M Shopping centers Four and one-half spaces LO M per 1,000 square feet of c gross leaseable area (GLA) E for centers having GLA of a� less than 400,000 square Q a� feet, and five spaces per 0 U 1,000 square feet of GLA for N 0 centers having a GLA of N over 400,000 square feet. Q c Restaurants, One parking space for each E nightclubs, taverns and 100 square feet of gross c� lounges8 floor area, except when part Q of a shopping center. 30 Re: Accessory Dwelling Units (ADU) Packet Pg. 221 8.D.b SPECIFIC LAND USE PARKING SPACE REQUIREMENT Retail stores, One parking space for each supermarkets, 200 square feet of gross department stores and floor area, except when r personal service located in a shopping center. 0 shops9 Q m U Other retail One parking space for each c establishments; 500 square feet of gross L 0 furniture, appliance, floor area, except when c hardware stores, located in a shopping center. c household equipment 3 service shops, clothing o or shoe repair shops° 0 a� Drive-in business One parking space for each Q 100 square feet of grossLO M floor area, except when located in a shopping center. a� E Uncovered commercial One parking space for each a� area, new and used 5,000 square feet of retail Q car lots, plant nursery sales area in addition to any 0 parking requirements V M N for buildings, except when N located in a shopping center. p Q Motor vehicle repair One parking space for each a� E and services 400 square feet of gross c� floor area, except when part Q of a shopping center. 31 Re: Accessory Dwelling Units (ADU) Packet Pg. 222 8.D.b SPECIFIC LAND USE PARKING SPACE REQUIREMENT Industrial showroom One parking space for each and display 500 square feet of display area. r a Bulk retail stores One parking space for each -0a Q 350 square feet of gross ' m U floor area. c =a Industrial activities 0 r Manufacturing and One parking space for each 0� industrial uses, 1,000 square feet for 90% of m including warehouses, the gross floor area, and one 3 0 storage buildings, and parking space per 250 0 speculative warehouse square feet for 10% of and the gross floor area. When Q industrial buildings with total of uses other than M M multiple use or tenant manufacturing and industrial N potential exceeds 10% of the gross E floor area, the parking a� requirements for E Q those uses shall apply. 0 U Recreation-amusement activities M 0 N Auditoriums, theaters, One parking space for each places of public four fixed seats, or one Q c assembly, stadiums, parking space for each 100 E and outdoor sports square feet of floor area of c� areas" main auditorium or of Q principal place of assembly 32 Re: Accessory Dwelling Units (ADU) Packet Pg. 223 8.D.b SPECIFIC LAND USE PARKING SPACE REQUIREMENT not containing fixed seats, whichever is greater. Bowling alleys13 Five spaces for each alley, r a except when located in -0 Q a shopping center. ' m U c Dance halls and One parking space for each =a skating rinks14 200 square feet of gross 0 r floor area, except when located in a shopping center. m Golf driving ranges One parking space for each 3 0 driving station. 0 Miniature golf courses One parking space for each hole. Q M LO M Recreational buildings, One parking space for each whether independent 200 square feet of gross P q 9 � a� or associated with a floor area. Such spaces E c multifamily complex shall be located adjacent to 0 E the building and shall be designated for visitors by U M signing or other special c N markings. Q Educational activities a� E Senior high schools, One space for each c� public, parochial, and employee plus one space for Q private each 10 students enrolled. In addition, if buses for the 33 Re: Accessory Dwelling Units (ADU) Packet Pg. 224 8.D.b SPECIFIC LAND USE PARKING SPACE REQUIREMENT transportation of children are kept at the school, one off- street parking space shall be r provided for each bus, of a 0 size sufficient to park each Q m bus. U c One additional parking L space for each 100 students 0 r shall be provided for visitors a� in the vicinity of or adjacent m to the administration portion o of the building or complex. c Such parking spaces shall be so designated by signing Q or other special marking as M approved by the traffic N engineer. E Colleges and Two and one-half parking universities and spaces for each employee, Q a� business and plus one space for each 0 U vocational schools15 three students residing on N 0 campus, plus one space for N each five day students not Q residing on campus. In addition, if buses for c� transportation of students Q are kept at the school, one off-street parking space shall 34 Re: Accessory Dwelling Units (ADU) Packet Pg. 225 8.D.b SPECIFIC LAND USE PARKING SPACE REQUIREMENT be provided for each bus, of a size sufficient to park each bus. r One additional parking o space for each 100 students Q m shall be provided for visitors c in the vicinity of or adjacent L to the administration portion O r of the building or complex. a� Such parking spaces shall m be so designated by signing o or other special marking as c approved by the traffic engineer. Q M Elementary and junior One parking space for each Ul) M high employee, plus one parking y .r c space for every 50 student E capacity(Capacity means the designed capacity of the Q a� school, even if actual 0 U enrollment varies by year). M CIA In addition, if buses for N transportation of students Q are kept at the school, one off-street parking space shall c� be provided for each bus, of Q a size sufficient to park each bus. Consideration for 35 Re: Accessory Dwelling Units (ADU) Packet Pg. 226 8.D.b SPECIFIC LAND USE PARKING SPACE REQUIREMENT student loading/unloading and pick-up/drop-off areas shall be integrated in the site r plan. 0 Q Libraries and One parking space for each U museums 250 square feet in office and c public use. L 0 Day-care centers One parking space for each employee, plus loading and unloading areas. 3 0 Medical activities 0 Medical and dental One parking space for each offices16 200 square feet of gross Q M floor area, except when M located in a shopping center. c a� Convalescent, nursing, One parking space for each E c and health institutions two employees, plus one 0 E parking space for each three beds. 0 U M N Hospitals One parking space for each N three beds, plus one parking Q space for each staff doctor, a� plus one parking space for E each three employees. Q Religious activities 36 Re: Accessory Dwelling Units (ADU) Packet Pg. 227 8.D.b SPECIFIC LAND USE PARKING SPACE REQUIREMENT Churches, One space for each five religious institutions, or seats in the main other places of auditorium/gathering place; r worship17 provided, that the spaces for 0 any institution shall not be Q m less than 10. One seat is U c equivalent to seven square L feet, for institutions that do 0 r not have seats in the main a� gathering place. For all m existing institutions enlarging o the seating capacity of their c auditoriums, one additional a� parking space shall be Q provided for each five M LO additional seats provided by N the new construction. For all existing institutions making a� structural alterations or E Q additions which do not 0 increase the seating v M N capacity of the auditorium, N no additional parking need p Q be provided. c a� Mortuaries or funeral One parking space for each c� homes 100 square feet of floor area Q of assembly rooms. 37 Re: Accessory Dwelling Units (ADU) Packet Pg. 228 8.D.b SPECIFIC LAND USE PARKING SPACE REQUIREMENT Other uses For uses not specifically identified in this section, the amount of parking required r shall be determined by the o planning department, based Q m on staff experience, parking c required for similar uses, L and, if appropriate, O r documentation provided by a� the applicant. m 3 0 1. Where enclosed garages are utilized to provide parking c required by this title, an 18-foot stacking space shall be provided in front of such garage units; provided, however, the planning director shall have the a authority to approve alternative plans where the developer can assure that M LO such garage units will continue to be available for parking purposes and will N not cause onsite parking or circulation problems. These assurances include E but are not limited to: (a) covenants that run with the land or homeowners' a� association that require garages to be utilized for the storage of vehicles, E Q (b) maintenance of drive aisle widths of 26 feet in front of each garage unit, c and (c) maintenance of minimum clearances for fire lanes on the site. N 0 Special parking for recreational vehicles will not be required as long as the N facility does not permit recreational vehicles other than campers or vehicles a that will fit into a normal-sized parking stall. If recreational vehicles are to E be permitted on the development, they must be screened and fenced. 2. Exceptions for senior citizen apartments in multifamily a buildings: 38 Re: Accessory Dwelling Units (ADU) Packet Pg. 229 8.D.b a. The multifamily parking requirement may be reduced as determined by the planning director. The planning director shall base his/her decision on a parking study that supports one or more of the following: i. Availability of private, convenient, regular transportation services to meet the needs of the tenants; ii. Accessibility to and frequency of public a 0 transportation; a iii. Pedestrian access to health, medical, and C shopping facilities; c iv. Minimum age requirement to reside in o r subject apartments; C V. Special support services offered by the facility; o vi. Other documentation or standards that 0 support a permanent reduction of parking stalls. 3. In MTC-1, MTC-2, and MCR zoning districts, a minimum of a three-fourths parking space per dwelling unit, or conduct a parking LO feasibility study to determine need. No spaces provided for recreation N vehicles. a) E 4. For senior developments in MTC-1, MTC-2, and MCR zoning c W districts, one parking space for every four dwelling units, or conduct a E Q parking feasibility study to determine need. c U 5. In MTC-1, MTC-2, and MCR zoning districts, one parking space N 0 for each guest room, plus two parking spaces for every five employees, or N conduct a parking feasibility study to determine need. a 6. In MTC-1 and MCR zoning districts, one parking space for every a E 400 square feet of gross floor area, except when part of a shopping center, 0 or conduct a parking feasibility study to determine need; in MTC-2 zoning a district, one parking space for every 500 square feet of gross floor area, or conduct a parking feasibility study to determine need. 39 Re: Accessory Dwelling Units (ADU) Packet Pg. 230 8.D.b 7. In MTC-1 and MCR zoning districts, one parking space for every 400 square feet of gross floor area, or conduct a parking feasibility study to determine need. S. In MTC-1 and MCR zoning districts, one parking space for every 200 square feet of gross floor area, or conduct a parking feasibility study to determine need; in MTC-2 zoning district, a minimum of one parking space a 0 for every 300 square feet of gross floor area, or conduct a parking feasibility Q study to determine need. No parking is required if use is 3,000 square feet or less and with a parking supply of at least 20 spaces within 500 feet or c 1,000 feet of a public garage. 0` r 9. In MTC-1 and MCR zoning districts, one parking space for every 400 square feet of gross floor area, or conduct a parking feasibility study to = determine need; in MTC-2 zoning district, one parking space for every 500 0 square feet of gross floor area, or conduct a parking feasibility study to 0 U) determine need. No parking is required if use is 800 square feet or less and with a parking supply of at least 20 spaces within 500 feet or 1,000 feet of Q a public garage. M 10. In MTC-1, MTC-2, and MCR zoning districts, one parking space w for every 1,000 square feet of gross floor area, or conduct a parking 0 E feasibility study to determine need. No parking is required if use is 800 c a) square feet or less and with a parking supply of at least 20 spaces within E Q 500 feet or 1,000 feet of a public garage. c U 11. In MTC-1 and MCR zoning districts, one parking space for every N 0 400 square feet of gross floor area, except when located in a shopping N center. a w 12. In MTC-1 and MCR zoning districts, conduct a parking feasibility E study to determine need. 13. In MTC-1 and MCR zoning districts, three parking spaces for a each alley, except when located in a shopping center. 40 Re: Accessory Dwelling Units (ADU) Packet Pg. 231 8.D.b 14. In MTC-1 and MCR zoning districts, one parking space for every 500 square feet of gross floor area, or conduct a parking feasibility study to determine need. 15. In MTC-1, MTC-2, and MCR zoning districts, conduct a parking feasibility study to determine need. 16. In MTC-1, MTC-2, and MCR zoning districts, a minimum of one a 0 parking space for every 400 square feet of gross floor area, or conduct a a parking feasibility study to determine need. 17. In MTC-1, MTC-2, and MCR zoning districts, one parking space c a for every 10 seats in the main auditorium; provided, that the spaces for any o r church shall not be less than 10. For all existing churches enlarging the seating capacity, one additional parking space shall be provided for every 10 seats provided by the new construction. o 0 B. Mixed occupancies or mixed use if one occupancy. In the case of two or more uses in the same building, the total requirements for off-street a parking facilities shall be the sum of the requirements for the several uses LO computed separately; except in shopping centers, and except as provided N in the mixed use overlay, KCC 15.04.200. Off-street parking facilities for one 0 E use shall not be considered as providing required parking facilities for any c W other use, except as permitted in subsection (C) of this section pertaining to E Q joint use. 0 U M N O C. Joint use. The minimum amount of off-street parking required by N subsection (A) of this section may be reduced by the planning director when a shared parking facilities for two or more uses are proposed if: a E 1. The total parking area exceeds 5,000 square feet; 0 2. The parking facilities are designed and developed as a single a onsite common parking facility, or as a system of onsite and offsite facilities 41 Re: Accessory Dwelling Units (ADU) Packet Pg. 232 8.D.b if all facilities are connected with improved pedestrian facilities and located within 500 feet of the buildings or use areas they are intended to serve; 3. The amount of reduction in off-street parking does not exceed 10 percent per use unless it is documented that the peak parking demand hours of two or more uses are separated by at least one hour; 4. The subject properties are legally encumbered by an easement a 0 or other appropriate means which provide for continuous joint use of the a parking facilities. Documentation shall require review and approval by the city attorney; and c 5. The total number of parking spaces in the shared parking 0 r facility is not less than the minimum required by any single use. c D. Employee parking. Where employee parking will be maintained o separately and in addition to parking for the general public, the regulations c of this subsection shall apply: 1. Minimum parking stall sizes, aisle widths, and percentage of a compact car stalls shall be as per other requirements in this chapter. LO 2. Employee parking must be clearly identified as such and not N become parking for the general public. a) E 3. If the employee parking is changed to parking for the general c aD public, the normal regulations for off-street parking shall be in force. E Q 4. Employee parking shall not be in lieu of parking requirements c U per activity as stated in this section. M CN N E. Temporary parking facilities. Temporary parking facilities may be a permitted by the planning director when it has been shown that: a E 1. The existing use of the subject property has adequate legal 0 nonconforming parking or that existing parking conforms to the applicable a standards of this title. 42 Re: Accessory Dwelling Units (ADU) Packet Pg. 233 8.D.b 2. The temporary parking facility is primarily intended to serve the public at large and not the existing use on the property. 3. The temporary parking facility serves a public need. 4. The temporary facility meets the following minimum standards: a. There shall be a minimum of 285 square feet gross area per stall. a 0 b. The pavement section shall be a minimum of four inches a of five-eighths-inch minus C.R. crushed rock with bituminous surface treatment, subject to engineering department review. c C. Onsite drainage control and detention shall be provided o r per the drainage ordinance. d. Ingress and egress and interior circulation and perimeter control shall be subject to traffic engineer approval. o 0 F. Compact car parking. 1. Parking stall size shall be a minimum of eight feet by 16 feet. a Aisle width shall be per the requirements of KCC 15.05.080 and Diagram LO No. 1 following KCC 15.05.100. N 2. Compact car parking spaces shall be clearly identified by E signing or other marking as approved by the city engineer. a� 3. Compact car parking spaces shall not exceed 30 percent of the E Q total required parking, and shall be distributed throughout the entire parking c U area. For parking lots of more than 20 stalls, up to 50 percent of the total N 0 required parking may be compact car parking spaces. Compact stalls cannot N be located along a fire lane in lots where the percentage of compact stalls a exceeds 30 percent, unless approved by the fire marshal. E 4. See KCC 15.05.080 and diagram No. 1 following KCC 0 15.05.100 for typical compact car stall arrangements. a 43 Re: Accessory Dwelling Units (ADU) Packet Pg. 234 8.D.b G. Transit and rideshare provisions. 1. The planning director may reduce the minimum number of off- street parking stalls for businesses which have a commute trip reduction program filed with the city. Based upon a review of this program and input from other staff members, a reduction of up to 20 percent of the minimum standard may be approved. Any reduction in the amount of required parking a 0 is only valid for as long as the approved CTR program is in effect. An Q invalidated program or a change in use or operations would result in the application of the underlying standards per subsection (A) of this section. c 2. The planning director may reduce the number of required off- 0` r street parking stalls for businesses which do not have a commute trip reduction program by one stall for every two car pool stalls, and/or one stall = for every one van pool stall if: o a. Reserved rideshare parking is located convenient to the o primary employee entrance; b. Reserved areas are clearly marked by signs for use by Q approved and qualified rideshare vehicles; M C. The use of reserved areas for rideshare parking is w actively enforced by the employer; and E d. The total reduction in the number of parking stalls does a� not exceed 10 percent of the required stalls. E Q 0 U SECTION 9. - Amendment - KCC 15.08.160. Section KCC 15.08.160 M N O of the Kent City Code, entitled "Accessory buildings" is amended as follows: N 0 Q w Sec. 15.08.160. Accessory buildings. E A. An accessory building can be located anywhere on a lot if it conforms a with the setbacks required by this title for a principal building. In the rear one-half of a lot the accessory building can be built to within two feet of the 44 Re: Accessory Dwelling Units (ADU) Packet Pg. 235 8.D.b side and rear lot lines, except when attached to a principal building, in which case it must have the same setbacks as the main building. if eeFegulatiens eF ordinances cenfliet with the p. ....... n this subsectien, them StFicteF Fegulatiens shall apply Accessory dwelling units are not considered an accessory building subject to this section. r a 0 B. There shall be not more than one guest cottage eF aeeeSSeFy dwellingQ unit on any one lot. The guest cottage er ADU shall be located on the rear half of the lot, unless determined to be infeasible due to lot shape, house c placement, or other factors as approved by the economic and community 0 r development director. a� c a� 3 0 C. The combined footprint of all accessory buildings on a lot shall not L 0 exceed 15 percent of the lot area. a D. Accessory buildings shall not exceed 23 feet in height. M N E. Accessory buildings shall not exceed the height of the principal 0 E building. c 0 E Q F. Accessory buildings that are 12 feet in height or higher must be c U visually compatible with the principal building by meeting all of the following: M 0 1. The exterior finish material must be the same or visually match N the exterior finish material of the principal building, in type, size, and Q w placement; E 2. The trim on the accessory building must be the same or visually match the trim used on the principal building, in type, size, and placement; a and 45 Re: Accessory Dwelling Units (ADU) Packet Pg. 236 8.D.b 3. The roof pitch of the accessory building must be substantially the same as the roof pitch of the principal building. SECTION 10. - Repeal. Section 15.08.350 of the Kent City Code, entitled "Accessory dwelling unit regulations" is hereby repealed in its entirety. r a 0 a SECTION 11. - New Section. A new Section 15.08.350 of the Kent City Code, entitled "Accessory dwelling unit (ADU) regulations" is hereby c enacted as follows: 0 r Sec. 15.08.350. Accessory dwelling unit (ADU) regulations. Z 3 A. Intent. The City views accessory dwelling units (ADUs) as a method L to increase the diversityof housing stock within the City and to expand ° YN a� affordable housing options. ADUs provide options for different household Q types (single people, older people aging in place, people with disabilities, M multigenerational housing, and others). w c a� B. Standards and criteria. c 1. An ADU may be attached (established within or as an addition E Q to a single-family dwelling) or detached from the principal dwelling_ 0 All ADUs not established within or as an addition to the principal dwelling M shall be deemed "detached," including those attached to an accessory N structure such as a garage or via an external-only connection like a a breezeway or shared roof form. 2. Two ADUs per lot are allowed in any of the following E configurations: 2 a a. One attached and one detached accessory dwelling unit; b. Two attached accessory dwelling units; or 46 Re: Accessory Dwelling Units (ADU) Packet Pg. 237 8.D.b C. Two detached accessory dwelling units. 3. ADU Location: a. An ADU may be located anywhere on a lot if it conforms with the setbacks required by this title. b. An attached ADU must have the same setbacks as the principal dwelling unit. a 0 C. A detached ADU may be located in the rear one-half of Q a lot and can be built to within two feet of the side and rear lot lines. If on a corner lot it may be built to the side yard setback of the flanking street. c d. If the Planning Director determines that an ADU will be 0` r infeasible due to lot shape, the location of existing structures, or other factors, the Planning Director may grant modifications to this section. _ e. All applicable health and safety standards shall apply, o including but not limited to building code standards and fire and life safety L 0 standards. N a� 4. A detached ADU shall not exceed twenty-four (24) feet in Q height. Features such as chimneys, antennae and railings may extend up to M 4 feet above the maximum allowed height. w 5. The design and size of an ADU shall conform to the E requirements of all building, plumbing, electrical, mechanical, energy, fire a� health, and any other applicable codes. ADUs may not use metal, aluminum, E Q or fiberglass siding_ c U 6. The maximum size of an accessory dwelling unit is 1,000 N 0 square feet. The maximum gross floor area allowed shall not be transferred N between units from one ADU to another. When calculating the square a w footage of the ADU refer to KCC 15.02.170 definition of "gross floor area." E The gross floor area shall not include: a. Areas with less than seven (7) feet of ceiling height, as a measured between the finished floor and the supporting members for the roof. 47 Re: Accessory Dwelling Units (ADU) Packet Pg. 238 8.D.b b. Covered exterior elements such as decks and porches; provided, the total size of all such covered exterior elements does not exceed 200 square feet. C. If the detached ADU is built within, above, or in addition to another accessory structure, the gross floor area of theaccessory structure is not counted towards the gross floor area of the ADU. a 0 7. Parking requirements are set forth in KCC 15.05.040. Q 8. Development standards listed in 15.04.170 not specified in this section shall apply to all ADU development including, but not limited to, c building coverage, site coverage, impervious surface, and setbacks. 0` r 9. A covenant limiting the use of one of the dwelling units to an owner occupant is not required and previously recorded covenants to that = effect may be released by the planning director. The cost of recording any o release shall be paid by the applicant. The release of the covenant does not L 0 change or alter the established use or the accessory dwelling unit on the property. Q 10. A permit application must be completed and approved for M all ADUs. The economic and community development department shall w determine the application requirements for an ADU permit. 0 E 11. An accessory dwelling unit and the principal dwelling may be c a) designated for separate ownership. However, the City does not regulate the E Q creation of condominiums or other common interest communities, which are c U governed under state law (Uniform Common Interest Ownership Act, N 0 Chapter 64.90 RCW). N 12. The Planning Director may allow reasonable deviations from a w these requirements due to site conditions and existing structures. E 13. Any deviations granted by the planning director under this section must demonstrate that the deviation does not interfere with or a negatively impact the operations of existing land uses and all legally 48 Re: Accessory Dwelling Units (ADU) Packet Pg. 239 8.D.b permitted uses within the zoning district it occupies; and does not constitute a threat to the public health, safety, and welfare. SECTION 12. - Current Applications. All applicants that have submitted permit applications for accessory dwelling units prior to the effective date of this ordinance may choose to have such applications a 0 continue to be reviewed under the regulations in effect when their Q application was submitted, or they may choose to have such applications reviewed under the regulations adopted by this ordinance upon its effective c date without having to submit a new permit application. If an applicant elects pL r to have their accessory dwelling unit permit application reviewed under the new regulations adopted by this ordinance, they shall notify the City's permit = center in writing. o L 0 SECTION 13. - Adoptions by Reference. A true and correct copy of RCW 36.70A.696, adopted and incorporated by reference in Section 8 of this Q ordinance, is attached as Exhibit A. M SECTION 14. - Severability. If any one or more section, subsection, a� or sentence of this ordinance is held to be unconstitutional or invalid, such c decision shall not affect the validity of the remaining portion of this ordinance E Q and the same shall remain in full force and effect. 0 U SECTION 15. - Corrections by City Clerk or Code Reviser. Upon o N approval of the city attorney, the city clerk and the code reviser are o authorized to make necessary corrections to this ordinance, including the a w c correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. a 49 Re: Accessory Dwelling Units (ADU) Packet Pg. 240 8.D.b SECTION 16 - Effective Date. This ordinance shall take effect and be in force thirty days from and after its passage, as provided by law. May 16, 2023 DANA RALPH, MAYOR Date Approved r a 0 a ATTEST: as c �a c May 16, 2023 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted 0 r c May 19, 2023 Date Published = a� 3 0 L 0 APPROVED AS TO FORM: a M M LO M TAMMY WHITE, CITY ATTORNEY w c a� E c a� E Q a� 0 U M N O N Q r-i C d E t V R a 50 Re: Accessory Dwelling Units (ADU) Packet Pg. 241 EXHIBIT A RCW 36. 70A. 696 Accessory dwelling units—Definitions. The definitions in this section apply throughout RCW 36 . 70A. 697 and 36 . 70A. 698 unless the context clearly requires otherwise . (1) "Accessory dwelling unit" means a dwelling unit located on the same lot as a single-family housing unit, duplex, triplex, townhome, or other housing unit. (2) "Attached accessory dwelling unit" means an accessory dwelling unit located within or attached to a single-family housing unit, duplex, triplex, townhome, or other housing unit. (3) "City" means any city, code city, and town located in a county planning under RCW 36 . 70A. 040 . (4) "County" means any county planning under RCW 36 . 70A. 040 . c (5) "Detached accessory dwelling unit" means an accessory Q dwelling unit that consists partly or entirely of a building that is separate and detached from a single-family housing unit, duplex, triplex, townhome, or other housing unit and is on the same property. (6) "Dwelling unit" means a residential living unit that provides complete independent living facilities for one or more persons and that includes permanent provisions for living, sleeping, eating, cooking, and sanitation. (7) "Major transit stop" means : (a) A stop on a high capacity transportation system funded or - expanded under the provisions of chapter 81 . 104 RCW; 3 (b) Commuter rail stops; o (c) Stops on rail or fixed guideway systems, including c transitways; w (d) Stops on bus rapid transit routes or routes that run on high m occupancy vehicle lanes; or a (e) Stops for a bus or other transit mode providing actual fixed route service at intervals of at least fifteen minutes for at leastLn rMi five hours during the peak hours of operation on weekdays . (8) "Owner" means any person who has at least 50 percent ownership in a property on which an accessory dwelling unit is located. Q (9) "Short-term rental" means a lodging use, that is not a hotel ti or motel or bed and breakfast, in which a dwelling unit, or portion thereof, is offered or provided to a guest by a short-term rental operator for a fee for fewer than 30 consecutive nights . [2021 c 306 v § 2; 2020 c 217 § 2 . 1 Q Findings—Intent-2020 c 217 : " (1) The legislature makes the following findings : w (a) Washington state is experiencing a housing affordability crisis . Many communities across the state are in need of more housing E for renters, across the income spectrum. Accessory dwelling units are z frequently rented at below market rate, providing additional affordable housing options for renters . Q (b) Accessory dwelling units are often occupied by tenants who pay no rent at all; among these tenants are grandparents, adult children, family members with disabilities, friends going through life transitions, and community members in need. Accessory dwelling units meet the needs of these people who might otherwise require scarce subsidized housing space and resources . (c) Accessory dwelling units can meet the needs of Washington ' s growing senior population, making it possible for this population to age in their communities by offering senior-friendly housing, which RCW (10/5/2022 10 : 30 AM) [ 1 ] Packet Pg. 242 8.D.c prioritizes physical accessibility, in walkable communities near amenities essential to successful aging in place, including transit and grocery stores, without requiring costly renovations of existing housing stock. (d) Homeowners who add an accessory dwelling unit may benefit from added income and an increased sense of security. (e) Siting accessory dwelling units near transit hubs and near public amenities can help to reduce greenhouse gas emissions by increasing walkability, shortening household commutes, and limiting sprawl . (2) The legislature intends to promote and encourage the creation of accessory dwelling units as a means to address the need for c additional affordable housing options . " [2020 c 217 § 1 . ] Q d c c� c L 0 C d 3 0 0 N t) t,1 Q M M Ln M v CO M Q O ti �O M U Q t K W C N E M U M r r Q RCW (10/5/2 0 2 2 10 : 3 0 AM) [ 2 ] Packet Pg. 243 8.E KENT WASHINGTON DATE: May 16, 2023 TO: Kent City Council SUBJECT: ARPA Subrecipient Agreement With Business Impact Northwest - Authorize MOTION: I move to authorize the Mayor to sign a subrecipient agreement with Business Impact Northwest, providing up to $400,000 in ARPA funds, for the design and operation of a BIPOC business accelerator and targeted business services, subject to final contract terms and conditions acceptable to the Mayor and City Attorney. SUMMARY: Project Background: The contract will serve two interrelated projects: increasing availability of small business assistance and capacities to Kent and improving access and information about city vending and vendor contracting opportunities. The City of Kent has many opportunities to contract with businesses in the community and has already committed to increasing women and BIPOC participation in contracting and purchasing. One issue many cities struggle with is that diverse-owned businesses are active in their procurement portal but have yet to win a bid or contract successfully. This is often because these business owners must fully understand what the City of Kent procurement teams are evaluating when selecting contractors. These can be things such as needing to know how to present cash flow, secure the proper bonding, or even present the ability to articulate what their business does best succinctly. Business Impact NW is excited to work with the City of Kent to design and run a BIPOC accelerator to ensure diverse-owned businesses have all the education, tools, and resources to bid on city contracts successfully. There is also the opportunity for additional cities in South Sound to join this work, increasing access to opportunities for the accelerator businesses. Moreover, Business Impact Northwest will-working with local partners in the Kent community such as the Kent Chamber of Commerce-provide tailored technical assistance programming to City of Kent businesses to meet their needs. Through this project we can collaborate to promote equitable economic growth and opportunity, foster diversity and inclusion within the community, address historical inequities and systemic barriers, and create a support system for small business development. Business Impact Northwest is already operating the Food Business Packet Pg. 244 8.E Resource Center and collaborating with the City and other non-profits in-and- around Kent on farm and food businesses. Part of this work will include continuing advancement of programs tailored to BIPOC and women entrepreneurs in the farm and food industries. Project Purpose: This project will be part of the Endeavor Northwest initiative created by The Seattle Metropolitan Chamber of Commerce, to pioneer economic recovery to grow scalable BIPOC-owned businesses. Endeavor NW projects focus on connecting BIPOC business to market opportunities by identifying suppliers and procurements opportunities in the market and then illuminating the pathways to those opportunities. The program with the City of Kent will be training diverse-owned businesses to increase opportunities for success through the City of Kent contract bidding process as well as surrounding Kent Valley cities. Through this project, City of Kent will be a leader in promoting equitable economic growth and opportunity, fostering diversity and inclusion within the community, addressing historical inequities and systemic barriers, and create a support system for small business development. The contract is to provide tailored technical assistance programming to City of Kent businesses in order to meet their needs. Through this project we can collaborate to promote equitable economic growth and opportunity, foster diversity and inclusion within the community, address historical inequities and systemic barriers, and create a support system for small business development. BUDGET IMPACT: Budget increase of $400,000 in American Recovery Act funding that will be expended for this project. SUPPORTS STRATEGIC PLAN GOAL: 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. BINW BIPOC Business Accellerator Program CSLR Subrepient Agreement (PDF) 2. 23_0331 SOW City of Kent BIPOC Procurement Accelerator - Update (PDF) 3. 23_0331 SOW City of Kent Business Services and Market Ready -Update (PDF) 05/08/23 Economic and Community Development Committee RECOMMENDED TO COUNCIL Packet Pg. 245 8.E RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 5/16/2023 7:00 PM MOVER: Zandria Michaud, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Toni Troutner, Marli Larimer, Zandria Michaud Packet Pg. 246 8.E.a BIPOC Business Accelerator Projects — CITY OF KENT Pursuant to 2 CFR 200.332(a)(1) Federal Award Identification c .N (i) Agency Name(must match the name associated I i)Unique Entity Identifie with its unique entity identifier) (i.e., DUNS) m z Business Impact Northwest (iii)Federal Award (iv)Federal Award v)Federal Period of vi)Federal Budget Period +, Identification Number(FAIN) Date lerformance Start and Start and End Date m nd Date E SLFRP3352 Lune 3, 2021] arch 3, 2021 — March 3, 2021 — ecember 31,2026 December 31, 2026 L a� (vii)Amount of Federal viii)Total Amount of Federal (ix)Total Amount of the Federal Q Funds Obligated to the unds Obligated to the agency Award Committed to the agency agency by this action: Q $400,000 400,000 400,000 (x)Federal Award Project Description: .0 M Cn Targeted Business Services; Food Business Acceleration; Doing Business with City of Kent Accelerator Q IL Q (xi) Federal Awarding Agency: ass-Through Entity: kwarding Official Name DEPARTMENT OF THE CITY OF KENT 3nd Contact Information: William Ellis, TREASURY >ief Economic Development Officer M ellis@kentwa.gov (xii)Assistance Listing CFDA Number and Name (the pass-through entity xiii)Identification of Whether E must identify the dollar amount made available under each Federal award and he Award is R&D the CFDA number at time of disbursement) qO 21.027-CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS Q (xiv)Indirect Cost Rate for ward Payment Method (lump Is the Agency a Subrecipient d the um payment or reimbursement) For the Purposes Q Federal Award Df This Agreement? ;v Reimbursement 3 N/A YES-Subrecipient N _J co V E PASS-THRU ENTITY City of Kent RECIPIENT NAME a� O Name: jBill Ellis Name: Joe Sky-Tucker a Title: Chief EconomicTitle: Executive Director `o Development Officer i Signature: Signature: d Date: Date: Q N N m c .y 7 m U O a- m z m r c m E z c� a Packet Pg. 247 8.E.a N N C AGREEMENT 3 m Contractor Business Impact Northwest r Project Title BIPOC Business Accelerator Program; Food Business Acceleration; Targeted .� Business Services Contract Amount $ $400,000 E as Contract Period From: July 1, 2023 To December 31, 2026 DUNS No. (if applicable) SAM No. (if applicable) Q c A) .Q THIS AGREEMENT ("Contract") is entered into by CITY OF KENT, a political subdivision of i the State of Washington (the "City"), and National Council for Community Development ("Contractor"), a Washington nonprofit corporation (the "Contractor"), with offices at 1111 U) Superior Avenue, Suite 1114, Cleveland, OH 44114. a a FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES ti Coronavirus Local Fiscal LO Recovery (CLFR) See Contract Amount Above See Contract Period Above 51- r c as The City desires to provide grant funds to the Contractor as described in this Contract. E a� L In consideration of payments, covenants, and agreements hereinafter mentioned, to be made a and performed by the parties hereto, the parties mutually agree as follows: as 1. Contractor understands and agrees that funds provided under this Contract may come a as from a federal source and agrees to comply with any and all additional applicable terms. U) W A. Contractor Capacity. Contractor agrees and confirms that it has the institutional, _J managerial and financial capacity to ensure proper planning, management and L) completion of the Contract. E L B. Technical Assistance. If, at any time, Contractor believes its capacity is compromised o or Contractor otherwise needs any sort of assistance, it SHALL immediately notify the a L City. The City will make best efforts to provide timely technical assistance to the r Contractor to bring the Contract into compliance. C. Compliance with Act. Contractor understands and agrees that funds provided under this Contract may only be used in compliance with section 603(c) of the Social Security a Act(the Act), as added by section 9901 of the American Rescue Plan Act, the U.S. y Department of Treasury's ("Treasury's') regulations implementing that section, and guidance issued by Treasury regarding the foregoing. 3 m D. Definitions. U 0 i Words and terms shall be given their ordinary and usual meanings. Where used in the m Contract documents, the following words and terms shall have the meanings indicated. The meanings shall be applicable to the singular, plural, masculine, feminine and neutral of the Z words and terms. Capitalized terms used in Exhibit A hereto are incorporated by reference 00 r herein. as E r r Q Rev. 10/12/21 Page 2 of 23 Packet Pg. 248 8.E.a ACCEPTANCE OR ACCEPTED - A written determination by the City that the Contractor has y completed the Work in accordance with the Contract. .y BENEFICIARY - An individual or organization that receives federal funds as an eni m user to respond to the negative impacts of COVID-19 on that r individual or organization. CONTRACT AMENDMENT - A written change to the Contract modifying, deleting or adding to the terms and conditions or Scope of Work, signed by both partie with or without notice to the sureties. Q CONTRACTOR - The individual, association, partnership, firm, company, corporation, or combination thereof, including joint ventures, a contracting with the City for the performance of Work under the i Contract. A beneficiary is not a contractor. ; U) DAY - Calendar day. a EFFECTIVE DATE- The date the Contract is signed by the City a KCC - The Kent City Code. LO PERSON - Includes individuals, associations, firms, companies, corporations partnerships, or combination thereof, including joint ventures. E PROJECT MANAGER - The individual designated by the City to manage the project on a L daily basis and who may represent the City for Contract a administration. c a� RCW - The Revised Code of Washington. a SCOPE OF WORK(SOW) - An exhibit to the Contract consisting of a written description of the Work to be performed. W U) SUBCONTRACTOR - The individual, association, partnership, firm, company, L) corporation, or combination thereof, including joint ventures, entering into an agreement with the Contractor to perform any o portion of the Contractor's Work covered by this Contract. A a beneficiary is not a subcontractor. r L SUBRECIPIENT- An entity that uses the awarded funds to carry out a program for, public purpose specified in the authorizing statute or ordinance, a opposed to providing goods or services for the benefit of the City. a A beneficiary is not a subrecipient. WORK - Everything to be provided and done for the fulfillment of the U) Contract and shall include services, goods and supplies specified under this Contract, including Contract Amendments. a m z 2. Contract Services and Requirements, and Incorporated Exhibits. m r c The Contractor shall provide services and meet the requirements included in this Contract and in the following attached exhibits, each of which is incorporated herein by this reference: r r Q Page 3 of 23 Packet Pg. 249 8.E.a EXHIBIT NAME NUMBER/LETTER y a� Scope of Work A y Civil Rights Certification B r Lobbying Certification/Disclosure Form C c Cost Certification D City of Kent Equal Employment Opportunity Policy/ E Compliance Statement Q A. Scope of Eligible Expenditures. Funds shall only be used to pay or reimburse costs and expenditures as described in Exhibit A. No funds may be used to pay or •� reimburse expenditures reimbursed under any other federal or state program, or from any other third-party source; provided the foregoing shall not be deemed to prohibit the pledge of funds to the collateral agent under the Supported Facility pending the use a thereof as provided in Exhibit A. a B. Contractor Responsibilities. The funds provided under the Contract may come from a a federal source. Contractor agrees to administer the Contract consistent with the terms LO and conditions of this Contract, in accordance with section 603(c) of the Act, the Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing, as well as any other applicable federal laws and regulations. As part of the invoicing process, the Contractor shall provide the City with a "Cost Certification" that funding of this Contract was used for eligible expenditures. Contractor shall also provide the City with a "Civil Rights Certification" prior to payment a for work authorized by this Contract. .Q C. Reporting. Contractor shall provide the City with the following reports in a timely ;v manner: U) i. Monthly/ Quarterly Expenditure Report by the 101" of month following expenditure W to facilitate required quarterly City reporting. However, this reporting will be limited U) to an accounting of the number of loans and their amounts originated in the City, E and such reporting shall only occur until all funds have been disbursed. Timeframes for more detailed reporting will be as set forth in the Scope of Work, o Exhibit A. a L ii. Payment Request Report r L iii. Closeout Report °' as 3. Contract Term. a A. The Contractor acknowledges that the allowed Federal Period of Performance for the expenditure of federal funds provided for under this Contract is March 3, 2021 to U) December 31, 2026 (the "Contract Term"). m U B. This Contract shall begin when countersigned by City of Kent. i m z 4. Grant Funds Disbursement. m r c The City shall disburse to BINW its first payment, upon receiving an invoice and the required documentation, following the Effective Date. Grant funds are to be used to support the projects detailed in Exhibit A. r Q Page 4 of 23 Packet Pg. 250 8.E.a 5. Internal Control and Accounting System. c .y The Contractor shall establish and maintain a system of accounting and internal controls that m complies with the generally accepted accounting principles issued by the Financial Accounting r Standards Board (FASB), the Governmental Accounting Standards Board (GASB), or both as is applicable to the Contractor's form of doing business. as E 6. Debarment and Suspension Certification. L If this Contract is a covered transaction for purposes of federally funded grant requirements, the Contractor is required to verify that none of the Contractor, its principals, as defined at 49 a� CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined 2 at 49 CFR 29.940 and 29.945. The Contractor is required to comply with 49 CFR 29, Subpart W C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. Debarment status may be verified at https://www.sam.gov a By signing and submitting this Contract, the Contractor certifies as follows: a a The certification in this clause is a material representation of fact relied upon by City of Kent. If it is later determined that the Contractor knowingly rendered an erroneous M certification, in addition to remedies available to City of Kent, the Federal Government may pursue available remedies, including but not limited to suspension a) and/or debarment. The Contractor agrees to comply with the requirements of 49 CFR 29, Subpart C while performing this Contract and further agrees to include a a provision requiring such compliance in its lower tier covered transactions. as .Q 7. Maintenance of Records. A. Accounts and Records: U) J U) U i. Contractor shall maintain ALL (100%) records and financial documents sufficient to E evidence compliance with section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by Treasury regarding the o foregoing. These records shall be maintained for a period of six (6) years after the a L last date that all funds have been expended or returned to the City, whichever is r later, to ensure proper accounting for all funds and compliance with the Contract. ii. The Treasury Office of Inspector General and the Government Accountability Office, or °; their authorized representatives, shall have the right of access to records (electronic a and otherwise) of Contractor in order to conduct audits or other investigations. y as iii. The Contractor shall maintain for a period of six years after termination of this Contract N accounts and records, including personnel, property, financial, and programmatic m records and other such records the City may deem necessary to ensure proper U accounting and compliance with this Contract. a m 3.1 B. Nondiscrimination and Equal Employment Records: m r c In accordance with the nondiscrimination and equal employment opportunity E requirements set forth herein, the Contractor shall maintain the following for a period of six years after termination of this Contract: r Q Page 5 of 23 Packet Pg. 251 8.E.a i. Records of Contractor's employment, employment advertisements, application forms, and other data, records and information related to employment, applications y for employment or the administration or delivery of services or any other benefits m under this Contract by Contractor; and r ii. Records, including written quotes, bids, estimates or proposals, submitted to the Contractor by all entities seeking to participate in this Contract, and any other E information necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records. Q The City may visit the Contractor's office to review these records. The Contractor a shall provide all help requested by the City during such visits and make the L foregoing records available to the City for inspection and copying. At all reasonable times, the Contractor shall provide to the City, the state, and/or federal agencies or officials access to its facilities—and will make reasonable efforts to provide access a to the facilities of any subcontractor assigned any portion of this Contract in order to monitor and evaluate the services provided under this Contract. The City will give a reasonable advance notice to the Contractor in the case of audits to be conducted ti by the City. The Contractor shall comply with all record keeping requirements of any M applicable federal rules, regulations or statutes included or referenced in the contract documents. If different from the Contractor's address listed above, the Contractor shall inform the City in writing of the location of its books, records, E documents, and other evidence for which review is sought, and shall notify the City L in writing of any changes in location within 14 days of any such relocation. a c 8. Evaluations and Inspections. Q as L A. Subject to Inspection, Review, or Audit: The records and documents with respect to all matters covered by this Contract shall be subject at all time to inspection, review, or audit by the City and/or federal/state L) officials authorized by law during the performance of this Contract and for six years E after termination hereof, unless a longer retention period is required by law. 0 L B. Contract Monitoring and Public Records Requests a 0 r R The Contractor and the City shall engage in monitoring visits to assess the as Contractor's compliance with contract requirements, quality, and practices. The City will execute monitoring visits in accordance with the applicable frequency, as a prescribed by the controlling Exhibit under this Contract. The Contractor shall y cooperate with the City and its agents to assess the Contractor's performance under this Contract. At the request of the City, the Contractor shall implement a plan to 3 remedy any items of noncompliance identified during the monitoring process. m U The results and records of these processes shall be maintained and disclosed in a accordance with RCW Chapter 42.56. 00 3.1 If the Contractor considers any portion of any record provided to the City under this m Contract, whether in electronic or hard copy form, to be protected under law, the Contractor shall clearly identify each such portion with words such as E "CONFIDENTIAL," "PROPRIETARY" or"BUSINESS SECRET." All records of Beneficiaries that contain financial information pertaining to its business Q Page 6 of 23 Packet Pg. 252 8.E.a or any personally identifiable information shall be considered confidential whether or not labeled as such. If a request is made for disclosure of such portion, the City will immediately notify Contractor and determine, in consultation with Contractor, whether 3 the material should be made available under the Act. If the City determines that the m material is subject to disclosure, the City will notify the Contractor of the request and allow the Contractor fourteen (14) days to obtain an injunction in accordance with RCW 42.56.540. If the Contractor fails or neglects to take such action within said period, the City will release the portions of record(s) deemed by the City to be subject to disclosure. The City shall not be liable to the Contractor for inadvertently releasing Q records pursuant to a disclosure request not clearly identified by the Contractor as "CONFIDENTIAL," "PROPRIETARY" or "BUSINESS SECRET" or otherwise deemed a) .Q confidential as aforesaid. U as L C. Performance, Measurement and Evaluation U) The Contractor shall submit performance metrics and program data as set forth in a Exhibits to this Contract. The Contractor shall participate in evaluation activities as a required by the City and shall make available all information required by any such performance measurement and evaluation processes. LO D. Unauthorized Disclosure: as E The Contractor and the City each agrees that all information, records, and data collected in connection with this Contract shall be protected from unauthorized a disclosure in accordance with applicable state and federal law. as 9. Financial Report Submission. 0 L The Contractor is required to submit a financial reporting package as described in A below and _J Exhibit A. All required documentation must be submitted by email to Bill Ellis, L) Wellis@kentwa.gov by the stated due date. E L A. If the Contractor is a Non-Federal entity as defined in 2 CFR Part 200.69 and expends o 750 000 or more in Federal awards during its fiscal year, then the Contractor shall a L meet the audit requirements in 2 CFR Part 200 Subpart F. Audit packages are due to .2 the City within nine months after the close of the Contractor's fiscal year. as 10. Corrective Action. a If the City determines that the Contractor has failed to comply with any terms or conditions of a this Contract, or the Contractor has failed to provide in any manner the work or services (each N a "breach"), and if the City determines that the breach warrants corrective action, the following m procedure will apply: o a m 3.1 A. Written Notification: Z m r The City will notify the Contractor in writing of the nature of the breach. B. Contractor's Corrective Action Plan: r r Q Page 7 of 23 Packet Pg. 253 8.E.a The Contractor shall respond with a written corrective action plan within fourteen days a of its receipt of such notification unless the City, at its sole discretion, extends in writing y the response time. The plan shall indicate the steps being taken to correct the specified m breach and shall specify the proposed completion date for curing the breach. This date r shall not be more 30 days from the date of the Contractor's response, unless the City, at its sole discretion, specifies in writing an extension to complete the corrective actions. E E a� as C. City's Determination of Corrective Action Plan Sufficiency: Q The City will determine the sufficiency of the Contractor's proposed corrective action a plan, then notify the Contractor in writing of that determination. The determination of •� sufficiency of the Contractor's corrective action plan shall be at the sole but good faith discretion of the City. Q D. Termination or Suspension: a Q If the Contractor does not respond within the appropriate time with a corrective action ti plan, or the Contractor's corrective action plan is determined by the City to be M insufficient, the City may terminate or suspend this Contract in whole or in part pursuant to Section 12. E E. Withholding Payment: L a� Q In addition, the City may withhold any payment to the Contractor or prohibit the Contractor from incurring additional obligations of funds until the City is satisfied that Q corrective action has been taken or completed; and ;v F. Non-Waiver of Rights: W J Nothing herein shall be deemed to affect or waive any rights the parties may have L) pursuant to Section 12, Subsections B, C, and D. E L 0 G. Remedial Actions: In the event of Contractor's noncompliance with section 603(c) of a the Act, Treasury's regulations implementing that section, guidance issued by Treasury r regarding the foregoing, or any other applicable federal laws or regulations, Treasury may take available remedial actions as set forth in 2 C.F.R. 200.339. H. Recoupment: a i. Contractor agrees that it is financially responsible for and will repay the City any and all indicated amounts following an audit exception which occurs due to Contractor's failure, for any reason, to comply with the terms of this Contract. This m duty to repay the City shall not be diminished or extinguished by the termination of the Contract. a ii. In the event of a violation of section 603(c) of the Act, the Grant funds shall be m subject to recoupment by the City, to the extent they have not already been loaned z or granted to Beneficiaries. m iii. Any funds paid to Contractor (1) in excess of the amount to which Contractor is authorized to retain under the terms of the Contract; (2) that are determined by the E Treasury Office of Inspector General to have been misused; (3) are determined by Treasury to be subject to a repayment obligation pursuant to section 603(e) of the Q Page 8 of 23 Packet Pg. 254 8.E.a Act; or (4) are otherwise subject to recoupment by the City pursuant to the terms hereof, and have not been repaid by Contractor to the City shall constitute a debt to a the City. y iv. Any debts determined to be owed the City must be paid promptly by the Contractor. 00 A debt is delinquent if it has not been paid by the date specified in the City's initial written demand for payment, unless other satisfactory arrangements have been made or if the City knowingly or improperly retains funds that are a debt. The City will take any actions available to it to collect such a debt. E as L 11. Dispute Resolution. Q c as The parties shall use their best, good-faith efforts to cooperatively resolve disputes and problems that arise in connection with this Contract. Both parties will make a good faith effort to continue without delay to carry out their respective responsibilities under this Contract while attempting to resolve the dispute under this section. a a a 12. Termination. ti LO A. No Termination for Convenience: r c Due to the nature of Contractor's use of the funds pursuant to the Scope of Work, this E Contract may not be terminated by the City without cause, in whole or in part once the 2 goal for loans to Kent, WA businesses has been met. a c B. Termination for Default: .Q as L The City may terminate or suspend this Contract, in whole or in part, upon ten days ; advance written notice if: (1)the Contractor breaches any duty, obligation, or service U) required pursuant to this Contract and either (a) the corrective action process described in Section 10 fails to cure the breach or (b)the City determines that requiring L) a corrective action plan is impractical or that the duties, obligations, or services E required herein become impossible, illegal, or not feasible. 0 L If the termination results from acts or omissions of the Contractor, including but not a limited to misappropriation, nonperformance of required services, or fiscal r mismanagement, the Contractor shall return to the City immediately any funds, as misappropriated or unexpended, that have been paid to the Contractor by the City. a C. Termination for Non-Appropriation: y as If expected or actual funding is withdrawn, reduced, or limited in any way by the U) Federal government, the City may, upon thirty days advance written notice to the m Contractor, terminate or suspend this Contract in whole or in part. U O a_ If the Contract is terminated or suspended as provided in this Section: the City will be CO liable only for payment in accordance with the terms of this Contract for funds z expended prior to the effective date of termination or suspension. m r c If the Contract is suspended as provided in this Section, the City may provide written E authorization to resume activities if expected or actual funding is reallocated to the City, which shall be subject to the written agreement of Contractor to resume activities. r Q Page 9 of 23 Packet Pg. 255 8.E.a D. Non-Waiver of Rights: a c .y Nothing herein shall limit, waive, or extinguish any right or remedy provided by this m Contract or by law or equity that either party may have if any of the obligations, terms, r and conditions set forth in this Contract are breached by the other party. c 13. Hold Harmless and Indemnification. E as as A. Duties as Independent Contractor: Q In providing services under this Contract, the Contractor is an independent contractor, a and neither it nor its officers, agents, or employees are employees of the City for any purpose. The Contractor shall be responsible for all federal and/or state tax, industrial 2 insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil a service rights which may accrue to a City employee under state or local law. The a parties intend that an independent contractor relationship shall be created by this a Contract. The Contractor shall not make any claim of right, privilege or benefit which ti would accrue to an employee under chapter 41.06 RCW or Title 51 RCW. M The City assumes no responsibility for the payment of any compensation, wages, benefits, or taxes, by, or on behalf of the Contractor, its employees, and/or others by E reason of this Contract. ;v a The Contractor shall protect, indemnify, defend and save harmless the City, its officers, agents, and employees from and against any and all claims, costs, and/or losses Q whatsoever occurring or resulting from (1) the Contractor's failure to pay any such ;v compensation, wages, benefits, or taxes, and/or (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Contract. U If, for any reason, the Contractor's licenses or certificates, if any, that are required to E perform this Contract, are terminated, suspended, revoked or in any manner modified o from their status at the time this Contract becomes effective such that Contractor a cannot materially perform its obligations hereunder, the Contractor shall notify the City r immediately of such condition in writing. The Contractor and any Subcontractor(s) shall maintain and be liable for payment of all applicable taxes (except sales/use taxes), fees, licenses, permits and costs as may be required by applicable federal, state or a local laws and regulations in order for Contractor to provide the Work under this v, Contract. Neither the City nor its officers, agents, or employees are employees of the Contractor m for any purpose. The Corporation assumes no responsibility for the payment of any compensation, wages, benefits, or taxes, by, or on behalf of the City, its employees, o and/or others by reason of this Contract. m The City shall protect, indemnify, defend and save harmless the Contractor, its officers, Z agents, and employees from and against any and all claims, costs, and/or losses 00 whatsoever occurring or resulting from (1) the City's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the City of work, E services, materials, or supplies by City employees or other suppliers in connection with or support of the performance of this Contract. Q Page 10 of 23 Packet Pg. 256 8.E.a B. Intellectual Property Infringement: a c .y For purposes of this section, claims shall include, but not be limited to, assertions that m use or transfer of software, book, document, report, film, tape, or sound reproduction or r material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. as E The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, abandonment or termination of this Contract. Q C. Nondisclosure of Data: a .Q U Data provided by the City either before or after Contract award shall only be used for its intended purpose. Contractors and Subcontractors shall not utilize nor distribute the City data in any form without the prior express written approval of the City. a a D. Non-Disclosure Obligation: LO M While the Contractor is performing the Work under this Contract, the Contractor and/or City may encounter personal information, licensed technology, drawings, schematics, E as manuals, data and other materials described as "Confidential", "Proprietary" or "Business Secret". Neither the Contractor nor the City shall not disclose or publish the a information and material received or used in performance of this Contract. This obligation is perpetual. The Contract imposes no obligation upon the Contractor or the City with respect to confidential information which the Contractor or the City can establish: a) was in the possession of, or was rightfully known by the Contractor or the City, respectively, without an obligation to maintain its confidentiality prior to receipt from the other party or a third party; b) is or becomes generally known to the public U without violation of this Contract; c) is obtained by the Contractor in good faith from a E third party having the right to disclose it without an obligation of confidentiality; or, d) is o independently developed by the Contractor without the participation of individuals who a have had access to the City's or the third party's confidential information. If the r Contractor is required by law to disclose confidential information the Contractor shall notify the City of such requirement prior to disclosure. a E. Indemnification: N m To the maximum extent permitted by law, Contractor shall, at its cost and expense, U protect, defend, indemnify and hold harmless the City, its directors, officers, a employees, and agents, from and against any and all demands, liabilities, causes of CO action, costs and expenses (including attorney's fees), claims, judgments, or awards of damages (collectively, "Claims"), arising out of or in any way resulting from the acts m or omissions of Contractor, its directors, officers, employees, or agents, relating in any way to the Contractor's performance or nonperformance under the Contract, except to the extent that any Claims are the result of the City's performance or nonperformance E under the Contract or its negligence or misconduct. These indemnification obligations r r Q Page 11 of 23 Packet Pg. 257 8.E.a shall survive the termination of the Contract. The Contractor agrees that its obligations under this paragraph extend to any demands, liabilities, causes of action, or claims brought by, or on behalf of, any of its employees or agents. For this purpose, the Contractor, by mutual negotiation, hereby waives, as respects the City only, any m immunity that would otherwise be available against such claims under any industrial r insurance act, including Title 51 RCW, other Worker's Compensation act, disability benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. In addition, the Contractor shall protect and E assume the defense of the City and its officers, agents and employees in all legal or claim proceedings arising out of, in connection with, or incidental to its indemnity a� obligation; and shall pay all defense expenses, including reasonable attorney's fees, expert fees and costs incurred by the City on account of such litigation or claims. If the a� City incurs any judgment, award, and/or cost arising therefrom including reasonable 2 attorney's fees to enforce the provisions of this article, all such fees, expenses, and ;v costs shall be recoverable from the Contractor. U) a 14. False Statements. a Contractor understands that making false statements or claims in connection with this Contract may be a violation of federal law and may result in criminal, civil, or administrative sanctions, M including fines, imprisonment, civil damages and penalties, debarment from participating in federal or City awards or contracts, and/or any other remedy available by law. a E a� 15. Publications. ;v a� a Although it is not anticipated that funds provided to Contractor will be used to produce c publications, any publications produced with funds from this Contract must display the Q following language: "This project [is being][was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to City of Kent, Washington by the U.S. Department of the Treasury." W J U) 16. Disclaimer by the City and United States. U E L A. The United States has expressly disclaimed any and all responsibility or liability to the o City or third persons for the actions of the City or third persons resulting in death, bodily a injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of the award of Federal funds to the City under section 603(c) of the Act, or any contract or subcontract under such award. a B. The City expressly disclaims any and all responsibility or liability to the Contractor or y third persons for the actions of the Contractor or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the U) performance of this Contract or any other losses resulting in any way from the 00 Contractor's performance of the Contract, or any subcontract thereto. p a C. This Contract does not in any way establish an agency relationship between or among CO the United States, the City, and/or Contractor. z 17. Protection for Whistleblowers. m r c as A. In accordance with 41 U.S.C. § 4712, Contractor may not discharge, demote, or E otherwise discriminate against an employee in reprisal for disclosing to any of the list of r r Q Page 12 of 23 Packet Pg. 258 8.E.a persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial y and specific danger to public health or safety, or a violation of law, rule, or regulation m related to a federal contract (including the competition for or negotiation of a contract) r or grant. c as E B. The list of persons and entities referenced in the paragraph above includes the following: Q i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; Q- U a� iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; U) a v. An authorized official of the Department of Justice or other law enforcement W agency; a ti vi. A court or grand jury; orLO M vii. A management official or other employee of Contractor, contractor, or subcontractor who has the responsibility to investigate, discover, or address a misconduct. E a� a� C. Contractor shall inform its employees in writing of the rights and remedies provided a under this section, in the predominant native language of the workforce. as .Q 18. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is encouraged to W adopt and enforce on-the-job seat belt policies and programs for its their employees when U) operating company-owned, rented or personally owned vehicles. U E 19. Reducing Text Messaging While Driving. o L Pursuant to Executive Order 13513, 74 FR 51225 (October 6, 2009), Contractor is encouraged o to adopt and enforce policies that ban text messaging while driving, and to establish workplace L safety policies to decrease accidents caused by distracted drivers. M 20. Insurance Requirements. a The Contractor shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the City should there be any claims, suits, actions, costs, U) damages or expenses arising from any loss, or negligent or intentional act or omission of the 00 Contractor or Subcontractor, or agents of either, while performing under the terms of this p Grant. Failure to maintain the required insurance coverage may result in termination of this i Grant. 00 z_ The insurance required shall be issued by an insurance company authorized to do business m within the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the insurance shall name the City of Kent, its agents, officers, and employees as E additional insureds under the insurance policy. All policies shall be primary to any other valid r r Q Page 13 of 23 Packet Pg. 259 8.E.a and collectable insurance. The Contractor shall instruct the insurers to give the City thirty (30) calendar days advance notice of any insurance cancellation, non-renewal or modification. .y The Contractor shall submit to the City within fifteen (15) calendar days of a written request by m the City, a certificate of insurance which outlines the coverage and limits defined in this r insurance section. During the term of the Grant, if required or requested, the Contractor shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. E a� as The Contractor shall provide, at the City's request, copies of insurance instruments or certifications from the insurance issuing agency. The copies or certifications shall show the insurance coverage, the designated beneficiary, who is covered, the amounts, the period of as coverage, and that the City will be provided thirty (30) days advance written notice of •� cancellation. The Contractor shall provide insurance coverage that shall be maintained in full force and m a effect during the term of this Grant, as follows: a a Commercial General Liability Insurance Policy. Provide a Commercial General Liability ti Insurance Policy, including contractual liability, written on an occurrence basis, in adequate M quantity to protect against legal liability arising out of Grant activity but no less than $1,000,000 per occurrence. Additionally, the Contractor is responsible for ensuring that any Subcontractor provide adequate insurance coverage for the activities arising out of E Subcontracts. ;v a Professional Liability, Errors and Omissions Insurance. The Contractor shall maintain Professional Liability or Errors and Omissions Insurance. The Contractor shall maintain Q minimum limits of no less than $1,000,000 per occurrence to cover all activities by the ;v Contractor and licensed staff employed or under contract to the Contractor. The City, its agents, officers, and employees need not be named as additional insureds under this policy. U Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on E behalf of the Contractor for the purpose of receiving or depositing funds into program accounts or issuing financial documents, checks, or other instruments of payment for a program costs shall be insured to provide protection against loss: o r A. The amount of fidelity coverage secured pursuant to this Grant shall be $100,000 or the as highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity insurance secured pursuant to this paragraph shall name the City as beneficiary. a B. Subcontractors that receive $10,000 or more per year in funding through this Grant and are lenders in Flex Fund program shall secure fidelity insurance as noted 3 above.Fidelity insurance secured by subcontractors pursuant to this paragraph shall m name the Contractor as beneficiary. U 0 a m The Contractor shall have the "right to control" and bear the sole responsibility for the job site � conditions, and job site safety. The Contractor shall comply with all applicable federal, state, Z m and local safety regulations governing the job site, employees, and Subcontractors. The Contractor shall be responsible for the Subcontractor's compliance with these provisions. E 21. Assignment. r Q Page 14 of 23 Packet Pg. 260 8.E.a Contractor shall not assign any interest, obligation or benefit under or in this Contract or transfer any interest in the same, whether by assignment or novation, without prior written consent of the City. If assignment is approved, this Contract shall be binding upon and inure to m the benefit of the successors of the assigning party upon the written agreement by assignee to r assume and be responsible for the obligations and liabilities of the Contract, known and unknown, and applicable law. as E If at any time during the Contract term the Contractor experiences a change in its name or federal tax status either through acquisition, novation, assignment, re-organization or some Q other change that affects its Taxpayer Identification Number (TIN) or Tax Reporting Name, it �. shall notify City of Kent immediately upon the information becoming publicly available. a Q U 22. Subcontracting. A. Written Consent of the City: m a a The Contractor shall not subcontract any portion of this Contract or transfer or assign a any claim arising pursuant to this Contract without the written consent of the City. The ti City's consent must be sought in writing by the Contractor not less than 15 days prior M to the date of any proposed subcontract. The City shall provide its written approval , or rejection (and the reasons therefor) within 10 days after submission by Contractor. Failure of the City to respond shall be deemed to constitute the City's approval. E as L Notwithstanding the foregoing, the City acknowledges that Contractor has entered into a or may enter into (a) subcontracts with technical assistance providers that will perform program outreach and technical or other assistance to borrowers and related services, 2 (b) subcontracts with communications consultant, DH, to develop an application ;v landing page, social media materials and other materials as necessary to market the Small Business Flex Fund throughout the State of Washington, including the City, and (c) a Management Agreement with the National Council for Community Development, -J Inc. dba National Development Council, a New York nonprofit corporation ("NDC"), U under which NDC will perform certain of the work contemplated under this Contract, E L The City further acknowledges that Contractor has entered into and/or will enter into a contracts from time to time with community development financial institutions (CDFIs) o in connection with the Work. Such CDFIs are not considered subgrantees or 2 subcontractors for purposes of the terms of this Contract, unless otherwise required by a� federal law. a Other known Subcontractors such as communications consultant DH, and technical y assistance providers, Business Impact Northwest and Ventures are approved per this Contract. N m The rejection or approval by the City of any Subcontractor or the termination of a U Subcontractor will not relieve Contractor of any of its responsibilities under the a Contract, nor be the basis for additional charges to the City. 00 3.1 In no event will the existence of the subcontract operate to release or reduce the m liability of Contractor to the City for any breach in the performance of Contractor's duties. E The City has no contractual obligations to any subcontractor or vendor under contract r r Q Page 15 of 23 Packet Pg. 261 8.E.a to the Contractor. Contractor is fully responsible for all contractual obligations, financial or otherwise, to its subcontractors. a c .y B. "Subcontract" Defined: m r "Subcontract" shall mean any agreement between the Contractor and an individual, association, partnership, firm, company, corporation, or combination thereof, including joint ventures, which agreement provides for such person or entity to perform any E portion of the Contractor's Work covered by this Contract; provided that the term "subcontract" does not include (a) the purchase of(1) support services not related to Q the subject matter of this Contract, or (2) supplies; or (b) a grant to a beneficiary. a� C. Required Language for Subcontracts: •� a� L The Contractor shall include the following language verbatim in every subcontract for services which relate to the subject matter of this Contract: a a "Subcontractor shall protect, defend, indemnify, and hold harmless City of Kent, its a officers, employees and agents from any and all costs, claims,judgments, and/or ti awards of damages arising out of, or in any way resulting from the negligent act or M omissions of subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that City of Kent is a third-party beneficiary to its Contract with Contractor and shall have the E right to bring an action against subcontractor to enforce the provisions of this ;v paragraph." a c 23. Nondiscrimination. Q as L A. The Contractor shall comply with all applicable federal, state and local laws regarding discrimination, including those set forth in this Section. W J B. Nondiscrimination: L) E In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its Subcontractors, or any person acting on behalf of the a Contractor or Subcontractor shall not, by reason of race, religion, color, sex, age, o sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the as work to which the employment relates. The Contractor shall execute the City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative a Policy 1.2, and upon completion of the Work, file the Compliance Statement, attached y as Exhibit E. N C. Equal Employment Opportunity Efforts: m U O i The Contractor will undertake, and require all Subcontractors to undertake equal m employment opportunity efforts to ensure that applicants and employees are treated, � without regard to their sex, race, color, marital status, national origin, religious m affiliation, disability, sexual orientation, gender identity or expression or age. Equal employment opportunity efforts shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for r Q Page 16 of 23 Packet Pg. 262 8.E.a training, including apprenticeships. The Contractor agrees to post, and to require Subcontractors to post in conspicuous places available to employees and applicants for employment notices setting forth this nondiscrimination clause. m D. Nondiscrimination in Subcontracting Practices: During the term of this Contract, the Contractor shall not create barriers to open and fair opportunities to participate in City contracts or to obtain or compete for contracts E and subcontracts as sources of supplies, equipment, construction and services. In ;v considering offers from and doing business with subcontractors and suppliers, the Q Contractor shall not discriminate against any person because of their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender Q identity or expression or age except by minimum age and retirement provisions, unless U based upon a bona fide occupational qualification. U) 24. Conflict of Interest. a a Contractor understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity M funded under this award. Contractor and subrecipients must disclose in writing any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. a E as as 25. Political Activity Prohibited. a None of the funds, materials, property, or services provided directly or indirectly under this a Contract shall be used for any partisan political activity or to further the election or defeat of 0 any candidate for public office. 26. Future Support. W J U) U The City makes no commitment to support contracted services and assumes no obligation for E future support of the contracted activity(-ies), except as expressly set forth in this Contract. tM 0 L 27. Entire Contract. a L The parties agree that this Contract is the complete expression of the described subject matter, and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of this a Contract. as 28. Contract Amendments. N m Either party may request changes to this Contract. Proposed changes that are mutually U agreed upon shall be incorporated only by written amendments to this Contract. a m 29. Notices. z m Whenever this Contract provides for notice by one party to another, such notice shall be in writing and directed to each party's contact representative indicated within the contract a exhibits. Any time within which a party must take some action shall be computed from the date E that any associated required notice is received by that party. r r Q Page 17 of 23 Packet Pg. 263 8.E.a Unless otherwise specified in the Contract, all notices or documentation required or provided pursuant to this Contract shall be in writing and shall be deemed duly given when received at 3 the addresses first set forth below via certified or registered first class mail, return receipt m requested, personal delivery or electronic mail. However, if any of the following occur: "notice r to cure" a default, Contractor communication in connection with an alleged default, or notice of termination, such notice or communication shall only be delivered personally, or by certified or a registered first class mail, return receipt requested. L Q CITY OF KENT CONTRACTOR a .Q Attn: Bill Ellis Attn: Joe Sky-Tucker U L Economic & Community Business Impact Northwest. Development U) a a 220 4th Avenue South 12720 Gateway Drive South Suite W a 207 ti Kent, WA 98032 Tukwila, WA 98168-3333 M 253-856-5709 206-434-4330 as Wellis@kentwa.gov Email: E Joes@buisnessimpactnw.org ;v a c 30. Services Provided in Accordance with Laws, Rules, and Regulations. a)a as L The Contractor and any Subcontractor agree to abide by the laws of the state of Washington, rules and regulations promulgated thereunder, and regulations of the state and federal W governments, as applicable, which control disposition of funds granted under this Contract, all cn of which are incorporated herein by reference. L) E L If there is an irreconcilable conflict between any of the language contained in any exhibit or o attachment to this Contract, the language in the Contract shall control over the language a contained in the exhibit or the attachment, unless the exhibit provision expressly indicates that o it controls over inconsistent contract language. If there is conflict among requirements set forth L in exhibits, language contained in the lower numbered exhibit shall control unless the higher numbered exhibit provision expressly indicates that it controls over inconsistent lower numbered exhibit language. a 31. Applicable Law. N A. This Contract shall be construed and interpreted in accordance with the laws of the 00 State of Washington. The venue for any action hereunder shall be in the Superior a Court for King County, Washington. m B. Contractor agrees to comply with the requirements of section 603 of the Act, the z_ Treasury's regulations implementing that section, and guidance issued by Treasury 00 regarding the foregoing. Contractor also agrees to comply with all other applicable federal laws, regulations, and executive orders, and Contractor shall provide for such E compliance by other parties in any agreements it enters into with other parties relating to this Contract. r Q Page 18 of 23 Packet Pg. 264 8.E.a C. Federal regulations applicable to this award include, without limitation, the following: .y D. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for m Federal Awards, 2 C.F.R. Part 200, including the following: r i. Subpart A, Acronyms and Definitions; c ii. Subpart B, General Provisions; as iii. Subpart C, Pre-Federal Award Requirements and Contents of Federal Awards; iv. Subpart D, Post-Federal Award Requirements; Q c V. Subpart E, Cost Principles; and Q vi. Subpart F, Audit Requirements. U) E. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is a hereby incorporated by reference. F. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, M pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. E G. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non- procurement), 2 C.F.R. Part 180, including the requirement to include a term or a condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. a� Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. H. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. J I. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. U) J. New Restrictions on Lobbying, 31 C.F.R. Part 21. E L K. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. o §§ 4601-4655) and implementing regulations. a L L. Generally applicable federal environmental laws and regulations. 2 as M. Statutes and regulations prohibiting discrimination applicable to this award include, without limitation, the following: a i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and y Treasury's Implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or U) activities receiving federal financial assistance; m U 0 ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ i 3601 et seq.), which prohibits discrimination in housing on the basis of race, 00 color, religion, national origin, sex, familial status, or disability; z m iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; r r Q Page 19 of 23 Packet Pg. 265 8.E.a iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and m r V. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local E governments or instrumentalities or agencies thereto; a L vi. Hatch Act. Contractor agrees to comply, as applicable, with requirements of Q the Hatch Act (5 U.S.C.§§ 1501-1508 and 7324-7328), which limits certain a political activities of federal employees, as well as certain other employees who •� work in connection with federally funded programs. N. PROHIBITION ON PROVIDING FUNDS TO THE ENEMY (2 CFR 183) v) a i. The Contractor must exercise due diligence to ensure that none of the funds, including supplies and services, received under this Contract are provided a directly or indirectly (including through subcontracts) to a person or entity who is ti actively opposing the United States or coalition forces involved in a contingency M operation in which members of the Armed Forces are actively engaged in �- hostilities. The Contractor must terminate or void in whole or part any subcontract with a person or entity listed in the System Award Management Exclusions(SAM) E as a prohibited or restricted sources pursuant to subtitle E of Title VIII of the L NDAA for FY 2015, unless the Federal awarding agency provides written a approval to continue the subcontract. W ii. The Federal awarding agency has the authority to terminate or void this Contract, a in whole or in part, if the Federal awarding agency becomes aware that the Contractor failed to exercise due diligence as required by paragraph J. of this cn clause N. or if the Federal awarding agency becomes aware that any funds W received under this Contract have been provided directly or indirectly to a person U) or entity who is actively opposing coalition forces involved in a contingency E operation in which members of the Armed Forces are actively engaged in hostilities. 0 L iii. In addition to any other existing examination-of-records authority, the Federal a Government is authorized to examine any records of the Contractor and its Subcontracts to the extent necessary to ensure that funds, including supplies and as services, available under this Contract are not provided, directly or indirectly, to a person or entity that is actively engaged in hostilities, except for awards a awarded by the Department of Defense on or before Dec 19, 2017 that will be y performed in the United States Central Command (USCENTCOM) theater of operations. U) iv. The Contract must include the substance of this clause in Subcontracts that have 00 U an estimated value over$50,000 and will be performed outside the United States, a including its outlying areas. m O. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO z SURVEILLANCE SERVICES OR EQUIPMENT (CFR 200.216) m i. Costs incurred for telecommunications and video surveillance services or equipment such as phones, internet, video surveillance, cloud servers are E allowable except for the following circumstances: r r Q Page 20 of 23 Packet Pg. 266 8.E.a ii. Contractor and Subcontractor are prohibited from obligating or expending contract funds to: a c a. Procure or obtain; m b. Extend or renew a contract to procure or obtain; or r c. Enter into a contract(or extend or renew a contract)to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as E part of any system. As described in Public Law 115-232, section 889, covered 0� telecommunications equipment is telecommunications equipment produced by Q Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate c of such entities). Q 1. For the purpose of public safety, security of government facilities, physical W security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced U) by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or a affiliate of such entities). ti 2. Telecommunications or video surveillance services provided by such entities LO or using such equipment. c 3. Telecommunications or video surveillance equipment or services produced E or provided by an entity that the Secretary of Defense, in consultation with 2 the Director of the National Intelligence or the Director of the Federal Bureau a of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. .Q P. DOMESTIC PREFERENCES FOR PROCUREMENTS (CFR 200.322) i. As appropriate and to the extent consistent with law, the Contractor should, to the greatest extent practicable under a Federal award, provide a preference for _j the purchase, acquisition, or use of goods, products, or materials produced in L) the United States (including but not limited to iron, aluminum, steel, cement, E and other manufactured products). The requirements of this section must be included in all subcontracting agreements and purchase orders for work or o products under this contract. a L ii. For purposes of this section: 2 as a. "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting state through the application a of coatings, occurred in the United States. b. "Manufactured products" means items and construction material composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer- based products such as polyvinyl chloride pipe; aggregates such as concrete; 00 glass, including optical fiber; and lumber. p a m 32. No Third-Party Beneficiaries. z m Except for the parties to whom this Contract is assigned in compliance with the terms of this c Contract, there are no third party beneficiaries to this Contract, and this Contract shall not E impart any rights enforceable by any person or entity that is not a party hereto. r r Q Page 21 of 23 Packet Pg. 267 8.E.a 33. Non-Waiver of Breach. N N Waiver of any default shall not be deemed to be a waiver of any subsequent default. No action y or failure to act by the City shall constitute a waiver of any right or duty afforded to the City m under the Contract; nor shall any such action or failure to act by the City modify the terms of r the Contract or constitute an approval of, or acquiescence in, any breach hereunder, except as may be specifically stated by the City in writing. as E 34. Contractor Certification. L By signing this Contract, the Contractor certifies that, in addition to agreeing to the terms and Q conditions provided herein, it has read and understands all contracting requirements as a contained in this Contract and the Exhibits and Attachments hereto. 2- U a� L 35. Force Maieure. U) a The term "force majeure" shall include, without limitation by the following enumeration: acts of nature, acts of civil or military authorities, terrorism, fire, accidents, shutdowns for purpose of a emergency repairs, industrial, civil or public disturbances, causing the inability to perform the requirements of this Contract; provided, however, "force majeure" shall not include the COVID LO - 19 pandemic which is ongoing as of the date of the execution of this Contract. If any party is rendered unable, wholly or in part, by a force majeure event to perform or comply with any obligation or condition of this Contract, upon giving notice and reasonably full particulars to the other party, such obligation or condition shall be suspended only for the time and to the extent a commercially practicable to restore normal operations. In the event the Contractor ceases to be excused pursuant to this provision, then the City shall be entitled to exercise any remedies •Q otherwise provided for in this Contract, including termination for default. ;v 36. Severability. W J U Whenever possible, each provision of this Contract shall be interpreted to be effective and E valid under applicable law. If any provision is found to be invalid, illegal or unenforceable, then tM such provision or portion thereof shall be modified to the extent necessary to render it legal, a valid and enforceable and have the intent and economic effect as close as possible to the o invalid, illegal and unenforceable provision. L as as 37. Subaward Lanquage. a Pursuant to 2 C.R.F. Part 200.320, an agency must make a determination whether the scope of work falls under a Subrecipient or Contractor relationship. The parties agree that the scope N of work for this Contract falls under a subrecipient relationship. m U 38. Counterparts and Signatures by Fax or Email. O a m This Agreement may be executed in any number of counterparts, each of which shall z constitute an original, and all of which will together constitute this one Agreement. Further, m upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. E r r Q Page 22 of 23 Packet Pg. 268 8.E.a N N IN WITNESS WHEREOF, the parties hereby agree to the terms and conditions of this Contract: y m CITY OF KENT CONTRACTOR r c as E as as L Mayor, City of Kent Signature a� .Q U Date Name (Please type or print) U) a Date a a ti LO M r C N E N N L Q .Q d L J U) U E L O L L R L V V Q d .N m U 0 a m 3.1 m r c as E r r Q Page 23 of 23 Packet Pg. 269 8.E.b Exhibit A Doing Business with the City Accelerator BusinessTmoactNW Business Impact NW Scope of Work Proposal—March 31,2023 Project Name: SMALL BUSINESS FINANCIAL EMPOWERMENT a City of Kent—Doing Business with the City Accelerator-an Endeavor NW Project Q Project Background: The City of Kent has many opportunities to contract with businesses in the community and has already committed to increasing women and BIPOC .LOM. participation in contracting and purchasing. One issue many cities struggle with is that diverse-owned businesses are active in their procurement portal but have yet to win a bid or contract successfully.This is often because these business owners must fully understand what the City of Kent procurement teams are evaluating when selecting contractors. These can be things such as needing to know how to present cash flow, secure the proper bonding,or even present the ability to articulate what their business does best cynically. Business Impact NW is excited to work with The City of Kent to design and run a BIPOC accelerator i to ensure diverse-owned businesses have all the education,tools,and resources to bid on city contracts successfully.There is also the opportunity for other 2 cities in South Sound to join this work, increasing access to opportunities for the accelerator businesses. m Project Purpose: Q This project will be part of the Endeavor Northwest initiative created by The Seattle Metropolitan Chamber of Commerce,to pioneer economic recovery to a� grow scalable BIPOC-owned businesses. Endeavor NW projects focus on connecting BIPOC business to market opportunities by identifying suppliers and procurements opportunities in the market and then illuminating the pathways to those opportunities.The program with the City of Kent will be training diverse-owned businesses to increase opportunities for success through the City of Kent contract bidding process as well as surrounding Kent Valley cities. o Through this project,City of Kent will be a leader in promoting equitable economic growth and opportunity,fostering diversity and inclusion within the a U community,addressing historical inequities and systemic barriers,and create a support system for small business development. p a_ Qualifications: m c • Business Impact NW has been providing technical assistance for underserved entrepreneurs and small business owners for over 25 years with Y demonstrated success.Since 1997 our technical assistance department has served 19,940 clients, helped launch 1,390 new businesses,and created or o retained 17,257 jobs. r • Business Impact NW has provided several different business accelerators and incubators. In 2022 alone,we launched an accelerator partnering with V Cornerstone Construction and Emerald Cities which matched mid-sized contractors with Cornerstone and its larger subcontractor to mid-sized O projects as well as a small business digital accelerator with a partnership from Amazon to prepare small businesses to maximize e-commerce and N paired the training with a market opportunity event at the end of the year. M 0 • We also provide ongoing accelerator cohort programs: Launch &Grow and Grow&Thrive. Launch&Grow is an eight-week cohort-based training MI program designed to support small businesses in building a business plan, managing, marketing, and financing a business.Grow&Thrive is a twelve N week mentor program for established businesses seeking to expand and provides training on how to develop a strategic plan, how to work with m current financial statements,operating manuals,and marketing materials. E t U r r Q Packet Pg. 270 8.E.b Project Overview Business Impact NW will work with the City of Kent to create an Accelerator that would include tailored 4-6 week training with wrap-around services to accelerate the diverse-owned ability to bid and win City contracts successfully.The program curriculum will cover general business basics and dive deep into Q what is needed to navigate and succeed as a City of Kent contractor(and other Kent Valley cities).All programming will be delivered virtually in a hybrid format a allowing maximum flexibility to business owners while still providing peer connections. Business Impact NW wrap-around services will include free one-on-one Q business advising,a network of low-cost professional services,compassionate debt capital for businesses needing access to capital,and a robust online network of peers,experts,and mentors. Business Impact NW would deploy this accelerator three times over the contract year.While the program will be M accessible to suppliers of goods,this program will focus on those providing contract services to local cities in consulting and construction industries. This m program will be developed and delivered in English the first year but Business Impact NW has several tools to help increase other language accessibility to the program including on-demand translation services, on staff Spanish, Dari, Persian, and Pashto speakers during that first year. We hope in the second year to a build out the program to be bilingual in Spanish. `o Access to Capital: 2- We have developed a loan product that will be made available to all graduates of multi-week training programs in this scope of work that will open up an unsecured loan product of up to$100,000. U Q c Project Matrix—Activities,Timeline,Outcomes,and Measured Impacts a) E am L Activities Timeline Outcomes&Deliverables Measured Metrics&Impacts Develop 4-6 week core training in partnership with March-May -Completed training that prepares business o the City of Kent 2023 owners for successful contracts with the a U • Regular meetings w/City staff to learn about City. 0 their procurement process and what key a elements to include in the curriculum. m c • Build out curriculum on an accessible m technology platform for virtual delivery - Recruit diverse-owned businesses to participate in April-June 2023 -Outreach and advertising plan. #of business owners who apply the training and wrap-around services(aka for the program V Accelerator) -Quality business leads into the program. • Identify outreach channels owned by 0 Business Impact NW and the City of Kent that can be utilized for recruitment M 0 • Determine if paid outreach or advertising is M required N • Deploy the outreach and advertising plan m Deploy the curriculum training September -Cohort members have a baseline of #of businesses accepted into the E • Assign Business Impact NW Staff as cohort 2023—cohort 1 information about being business and cohort U trainer successful contracting with the City r Q Project name:City of Kent—City of Kent—Doing Business with the City Accelerator BUSINESS IMPACT NW I BUSINESS CONSULTING &t TECHNICAL ASSISTANCE I CERTIFIED CDFI MICRO AND SMALL BUSINESS LOANS Packet Pg. 271 8.E.b • Register and Orient cohort members February-2024 #of business owners who • Match each cohort member with Business —cohort 2 complete the training portion of Impact NW Business Advisor the program #of hours of training provided (L Q Deploy wrap-around services Ongoing Business owners are provided with #of business advising sessions • Invite stakeholders and mentors to the individualized support to help them succeed provided LO online community in securing. #of low-cost subsided `'? • Maintain and curate online community professional services provided a) cc content • Continue regular one-on-one business a advisor meetings with cohort members ' 0 • Match cohort members with low-cost � professional services • Support matchmaking activities with City procurement and cohort members Q c aD Project Annual Reported Metrics and Impacts(Summary) y L 3 Reported Metric or Impact Estimated Goal System of tracking c L #of unique clients served by the program 45 Internal CRM and intake application/registration d #of clients reporting new City contracts at year-end 15 Internal CRM and follow-up client surveys U O Dollar Increase in client revenue 20% Internal CRM and follow-up client surveys a #of jobs retained and/or created 150 Internal CRM and follow-up client surveys m of clients who report better understanding City of Kent 80% Follow-up client surveys (D procurement processes Y •Female self-identified clients 60% Internal CRM and intake application/registration 0, •of BIPOC self-identified Clients 70% Internal CRM and intake application/registration V #of businesses interested in the program 150 Internal CRM and intake application/registration 3: #of direct client hours provided 250 Internal CRM 0 #of training hours provided 300 Internal CRM r #of low-cost professional service hours provided 250 Internal CRM c Other Race/Ethnicity demographics as requested by city TBD N C Project Budget m E t Budget provided on separate excel and combined with the larger project that includes other programing to be delivered. r r Q Project name:City of Kent—City of Kent—Doing Business with the City Accelerator BUSINESS IMPACT NW I BUSINESS CONSULTING Et TECHNICAL ASSISTANCE I CERTIFIED CDFI MICRO AND SMALL BUSINESS LOANS Packet Pg. 272 8.E.b Q a Q M d !Z L 0 L d V V Q E d L V O L a. U O a m c m Y 4- O r U O M M O I M N a+ C d E t V R a+ a+ Q Project name:City of Kent—City of Kent—Doing Business with the City Accelerator BUSINESS IMPACT NW BUSINESS CONSULTING &t TECHNICAL ASSISTANCE I CERTIFIED CDFI MICRO AND SMALL BUSINESS LOANS Packet Pg. 273 8.E.c Exhibit A Targeted Business Services in the City of Kent and Market ReadyI�T (L Q Business Business Impact NW Scope of Work Proposal—March 31,2023 Q Project Name: SMALL BUSINESS FINANCIAL EMPOWERMENT LO M City of Kent—Targeted Business Services in the City of Kent and Market Ready a� r Project Background: The City of Kent is a unique and diverse economic area in South King County that is well known for its growing warehouse district,aerospace industry,and D manufacturing. Kent is less known for its thousands of small,diverse businesses.Still,these businesses are an important part of Kent's economic engine and add to the city's vibrancy and livability.The needs of small business owners are often unique and different from their large industry company counterparts.The City of Kent is looking to ensure that these small businesses have the business service support they need to succeed.To this end,the City's Economic r Development team and the non-profit Kent Chamber of Commerce are looking at additional ways to leverage regional business resources to support these Y L small business owners in their growing city. Business Impact NW is a regional non-profit already providing free and low-cost direct client business services and lending to businesses throughout the region. Business Impact NW is excited to partner with the City of Kent to expand its outreach and delivery of services in the City of Kent. coo Project Purpose: The purpose of this project is to provide tailored technical assistance programming to City of Kent businesses in order to meet their needs.Through this project m we can collaborate to promote equitable economic growth and opportunity,foster diversity and inclusion within the community,address historical inequities U) and systemic barriers, and create a support system for small business development. w a� c .y Qualifications: m T • Business Impact NW has been providing technical assistance for underserved entrepreneurs and small business owners for over 25 years with demonstrated success.Since 1997 our technical assistance department has served 19,940 clients, helped launch 1,390 new businesses, and created or retained 17,257 jobs. 0, • Business Impact NW has provided several different business accelerators and incubators. In 2022 alone,we launched an accelerator partnering with V Cornerstone Construction and Emerald Cities which matched mid-sized contractors with Cornerstone and its larger subcontractor to mid-sized projects as well as a small business digital accelerator with partnership from Amazon to prepare small businesses to maximize e-commerce and paired the training with a market opportunity event at the end of the year. M • We also provide ongoing accelerator cohort programs: Launch&Grow and Grow&Thrive. Launch &Grow is an eight-week cohort-based training o� program designed to support small businesses in building a business plan, managing, marketing,and financing a business. Grow&Thrive is a twelve- CO) week mentor program for established businesses seeking to expand and provides training on how to develop a strategic plan, how to work with }; c current financial statements,operating manuals, and marketing materials. t U r Q Packet Pg. 274 8.E.c Project Overview Business Impact NW has identified selected current and upcoming programming it can tailor and/or expand to meet the unique needs of the City of Kent Q businesses.This includes an exciting new program we are developing to support farmers and crafter looking to vend at farmers markets, craft fairs, and other a regional pop-up events.The matrix and budget below represent the existing opportunities City of Kent could adopt or tailor to meet their unique needs. Q ti Each of the below activities and project also has noted the potential to add language accessibility. Business Impact NW utilizes several strategies to meet uO language accessibility needs.We currently have staff who speak Spanish, Dari, Persian,and Pashto who can deliver coaching and trainings in these languages. We utilize an on-demand phone translation service for languages when they are not on staff or those staff members are not available.We also work with a) M professional interpreters who can simultaneously translate presentations when we present virtually on the Zoom Platform. a Access to Capital: We have developed a loan product that will be made available to all graduates of multi-week training programs in this scope of work that will open up an R unsecured loan product of up to$100,000. r a� Y L C� C Project Matrix—Activities,Timeline,Outcomes,and Measured Impacts c Activities/Training Timing Outcomes&Deliverables Measured Metrics&Impacts (1) Deliver Square One—Introduction to Business 1-hour class/can The desired outcome is to introduce the #of attendees V Impact NW any place or virtually for Kent Specific up to every other more City of Kent businesses to the #of businesses who engage y Business Community.Offer or partner to deliver in month services available to them at Business with Business Impact NW U) other languages. In-person or Virtual Impact NW services (2) Delivery 1-hour training on a variety of topics, 1-hour class/can -Outreach and advertising plan. #of business owners who including(in-person or Virtual) be up to monthly apply for the program m • Business Model Canvas -Quality business leads into the program. +, c • Loan Readiness 101 a� Y • Lender Panel 0 • Bookkeeping 101(Consultant Speaker) • Business Planning U Can be delivered with simultaneous translation (3)Special Offers to low-cost programs to Kent Ongoing—Virtual -Increase incentives and outreach to City of #of businesses who use these 0 businesses could include: Kent Business about two of one the most services r • Content Marketing and Strategy Coaching—3 requested services Business Impact NW #of hours of professional c Session program to help businesses implement provides. services MI a practical and effective marketing strategy: -Businesses get tailored one-on-one advice N Value$300,current charge$75,could waive from industry specialists. d all costs for Kent Businesses. E t U r Project name:City of Kent—Targeted Business Services in the City of Kent and Market Ready Q BUSINESS IMPACT NW I BUSINESS CONSULTING Et TECHNICAL ASSISTANCE I CERTIFIED CDFI MICRO AND SMALL BUSINESS LOANS Packet Pg. 275 8.E.c • Virtual Tax and Bookkeeping Coaching with TaxUSign.Value$250,Charge$40,Could Q waive all charges for the City of Kent businesses. Q Many of our approved vendors can deliver services in Spanish. If a approved vendors does not speakLO clients languages we use on-demand language interpretation to bridge the gap. (3 (4) Business Coaching Drop-in Hours—Increase from 4 hour blocks— -Increase accessibility to Kent Chamber of #of clients served a the current once a month at Kent KCLS Once a month Commerce business members and other D • Increase to one additional drop in a month at City of Kent businesses to in-person casual >, Kent Chamber of Commerce Business advising Based on staffing this is most likely done in English, drop in that show up and request services in language Y other can use on-demand services or reschedule with different coach for a later appointment. (5) Provide Scholarships to existing Launch and Grow Currently already -Increase City of Kent Business engagement #of scholarships offered to c and Grow and Thrive 7-week Series Classes.Valued at scheduled and in longer series-based business City of Kent Businesses y $400 each. include a development courses already offered by • City of Kent would reimburse Business Impact combination of Business Impact NW NW for any businesses attending either the in-person and rn planned course throughout 2023/2024 or the virtual delivery -Businesses increase their knowledge and N N rant period. Business Impact NW would not skills in running an effective business. charge the client y 7-week series are delivered in English. We have worked m with business owners in the past to accommodate language needs on a individually request bases. Y (6)Work with the City of Kent and Kent Valley partners -Schedule would -Increase City of Kent Business engagement #of cohort participants o to run a unique Launch&Grow or Grow&Thrive be determined in longer series-based business #Increased revenues cohort for City of Kent Businesses interested in taking development courses already offered by #jobs created and/or V their food based businesses to the next level. Business Impact NW retained 0 Kent Valley is home to a large and diverse food industry -Businesses increase their knowledge and c i and this program will tap into that ecosystem to skills in running an effective business. o� support this program. M N -Create a peer-to-peer atmosphere among the City of Kent Businesses d E t U r Project name:City of Kent—Targeted Business Services in the City of Kent and Market Ready Q BUSINESS IMPACT NW I BUSINESS CONSULTING &t TECHNICAL ASSISTANCE I CERTIFIED CDFI MICRO AND SMALL BUSINESS LOANS Packet Pg. 276 8.E.c 7-week series are delivered in English. We have worked with business owners in the past to accommodate Q language needs on a individually request bases. (7) Market Ready Accelerator—Business Impact NW is First Cohort is -Targeted support for Food and Craft #of Accelerator participants Q developing a Market Ready program that will be a 5- Scheduled to businesses in Kent who may be interested #of professional service week curriculum delivered virtually with the goal of recruit in 2-3 or already sell at Farmer's Markets or other awardsLO helping businesses effectively vend at Farmer's Weeks with a area popups #Increased revenues Markets, Pop-up Season Events, and other long or Start date Mid- aD short-term Temporary markets.The program is April. -Businesses will increase effective vending a targeted at craft and food businesses, but any business at market-like events D interested in pop-up events is eligible. At the end of the 4-week curriculum, businesses who attend all R sessions will be eligible for$500 Profession Service stipend with a Business Impact NW approved vendor aD and to be determined cash award.We propose we Y work together to increase the effectiveness of this program in the following ways. The City of Kent to supplement or increase the N Professional Service or Cash Award to aD businesses in Kent. - City of Kent and partners work with Business (D U) Impact NW to increase outreach to local N Farmers Market Organizers in Kent aD c The City of Kent helps fund the development rn of this program,and it can be recognized as a pip partner a� Y Initial delivery of the program will be in English and o we'll work over subsequent cohorts to build in Spanish. >+ While this will not be a bilingual program will work with cU non-English speakers to find creative ways to meet their O needs. (8)Strategic Long-Term Partnership Work—Business Ongoing -Create equitable access to small and mid- #of partner meetings M Impact NW will continue to work with partners in the size food processors in the valley c valley to advance the food systems work needed to MI support socially and economically disadvantaged N business owners running small mid-size food businesses.These business owners were E t U r Project name:City of Kent—Targeted Business Services in the City of Kent and Market Ready Q BUSINESS IMPACT NW I BUSINESS CONSULTING Et TECHNICAL ASSISTANCE I CERTIFIED CDFI MICRO AND SMALL BUSINESS LOANS Packet Pg. 277 8.E.c disproportionately impacted by Covid-19 and development of infrastructure to support these Q businesses owners in the valley is key to their ability to be successful in the industry. Q ti (9)Work with Kent Business Partners-Business Impact Ongoing - Increase targeted outreach through #MOU or signed contractsLO NW will engage ecosystem partners to ensure partner organizations with partners to support the programing is well supported, meets community needs, work of this program. and utilizes existing work.These partners could include a Living Well Kent, Kent Chamber of Commerce,SBDC @ Green River, Highlight College, Impact NW, Food >, Innovation Network,and other partners in the ecosystem. r aD L Project Annual Reported Metrics and Impacts(Summary) Reported Metric or Impact TBD-It will Depend on System of tracking what programs we a� deploy #of unique City of Kent clients served by the program Internal CRM and intake application/registration (D #of jobs retained and/or created by clients served Internal CRM and follow-up client surveys (n •Female self-identified clients Internal CRM and intake application/registration W •of BIPOC self-identified Clients Internal CRM and intake application/registration E #of direct one-on-one client hours provided to City of Kent clients Internal CRM m #of low-cost professional service hours provided Internal CRM Other Race/Ethnicity demographics as requested by city Internal CRM Y 4- 0 U Project Budget 0 U) Project Budget is presented in an excel and combined with the BIPOC Procurement Accelerator. M M O I M N C E t V R r Project name:City of Kent-Targeted Business Services in the City of Kent and Market Ready Q BUSINESS IMPACT NW I BUSINESS CONSULTING Et TECHNICAL ASSISTANCE I CERTIFIED CDFI MICRO AND SMALL BUSINESS LOANS Packet Pg. 278 8.F KENT WASHINGTON DATE: May 16, 2023 TO: Kent City Council SUBJECT: ARPA — Grant Agreement with Green River College Small Business Center - Authorize MOTION: I move to authorize the Mayor to sign a grant agreement with Green River College Small Business Center, providing up to $225,000 in American Rescue Plan Act funds, to support and expand services provided to small businesses, subject to final contract terms and conditions acceptable to the Mayor and City Attorney. SUMMARY: The City has provided modest annual support to the Green River College Small Business Center (GRSBC) for many years, out of discretionary budget granted to the economic development team from the general fund to improve the environment for entrepreneurship and small business incubation in the City of Kent. The GRSBC has proven to be a reliable partner in serving the small business community. In 2021, a pilot program was conducted whereby additional funding was provided through our Port of Seattle partnership to allow GRCSBC to expand their program and offer more complex technical services for space planning guidance and permit navigation assistance. Both successes and failures of GRCSBC clients illustrated the need for such assistance, and staff recommends providing ARPA funds to the GRCSBC to fund this expanded services model through the grant utilization period ending December 31, 2026. BUDGET IMPACT: Additional revenue of $225,000 American Recovery Act funding that will be expended for the project. SUPPORTS STRATEGIC PLAN GOAL: Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. ARPA Grant Agreement - GRCSBC (PDF) Packet Pg. 279 8.F 05/08/23 Economic and Community Development Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]Next: 5/16/2023 7:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Zandria Michaud, Councilmember AYES: Toni Troutner, Marli Larimer, Zandria Michaud Packet Pg. 280 8.F.a City of Kent - SLFRF - Grant Recipient Agreement L Grantee Green River College c Program Title Small Business Center Grant U Grant Amount$ $225,000 Agreement Period From: July 1, 2023 To September 30, 2026 c DUNS No. (if applicable) 118891841 SAM No. (if applicable) m This Agreement is made by and between the City of Kent, a municipal corporation ("the City") and Grantee, a Washington Public Community College,located at 417 Ramsay Way,#112,Kent,Washington,98032,to set forth the to terms and conditions under which the City will provide a grant to Grantee under the Program to be used for costs incurred during the Agreement Period. Such grant is provided to Grantee from the City's revenue loss funds for government services,including the provision of technical assistance,counseling,or other services to assist Kent small U businesses with business planning needs. y 1. Scope of Eligible Expenditures.Grant funds may only be used to pay or reimburse eligible expenditures as � described in the"Federal Terms" (Exhibit 1),and as detailed in the"Scope of Work" (Exhibit 2). No grant funds may y be used to pay or reimburse costs for which Grantee has received any other funding,whether state,federal or private in nature,for that same cost. r 3 2. Grantee Responsibilities.Grantee understands and agrees that funds provided under this Agreement may c only be used in compliance with section 603(c)of the Social Security Act("the Act"),as added by section 9901 of the American Rescue Plan Act("ARPA"),the U.S. Department of Treasury's("Treasury's")regulations implementing that L section,guidance issued by Treasury regarding the foregoing,and any other applicable federal provisions, including Q those described in the"Federal Terms" (Exhibit 1). +. c L 3. Grantee Certifications. Prior to any disbursement of funds authorized by this Agreement, Grantee shall t9 provide the City with: Cost Certification (Exhibit 3), Civil Rights Certification Form (Exhibit 4), the Lobbying Certification Form (Exhibit 5), if applicable, the Lobbying Disclosure Form (Exhibit 6), the City EEO Compliance Documents (Exhibit 7),and proof of meeting the Insurance Requirements (Exhibit 8). Q 00 4. Request for Payment. Grantee shall submit a quarterly invoice and Cost Certification (Exhibit 3) for the v LO expenses therein no later than fifteen (15) working days after the close of each calendar quarter throughout the term of the Agreement. U m U) S. Maintenance of and Access to Records.Grantee shall maintain all records and accounts with respect to all V matters covered by this Agreement, including personnel, property, financial, and programmatic records and 0 documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's regulations implementing +, that section,and guidance issued by Treasury regarding the foregoing.These records shall be maintained for a period E of six (6) years after all funds have been expended or returned to the City, whichever is later, to ensure proper d accounting for all funds and compliance with the Agreement.The City,the Treasury Office of Inspector General,and L the Government Accountability Office, or their authorized representatives, shall have the right of access to records Q (electronic and otherwise)of Grantee in order to conduct audits or other investigations.Grantee acknowledges that c records may be subject to disclosure under the Public Records Act, Ch.42.56 RCW. L Q 6. Publications. Any publications produced with funds from this Agreement must display the following a W language: "This project[is being][was] supported,in whole or in part, by federal award number SLFRP3352 awarded Q to the City of Kent,Washington by the U.S. Department of the Treasury." m 7. Disclaimer by the City and United States. The United States has expressly disclaimed any and all responsibility or liability to the City or third persons for the actions of the City or third persons resulting in death, bodily injury,property damages,or any other losses resulting in any way from the performance of this award or any Q Grant Beneficiary Agreement Page 1 of 3 Packet Pg. 281 8.F.a other losses resulting in any way from the performance of the award of Federal funds to the City under section 603(c) of the Act, or any contract or subcontract under such award. The City expressly disclaims any and all responsibility or liability to Grantee or third persons for the actions of Grantee or third persons resulting in death, M c bodily injury, property damages, or any other losses resulting in any way from the performance of this Agreement U or any other losses resulting in any way from the performance of the Agreement, or any subcontract thereto. This N Agreement does not in any way establish an agency relationship between or among the United States, the City, aa) and/or Grantee. .N m 8. False Statements. Grantee understands that making false statements or claims in connection with this — Agreement may be a violation of federal law and may result in criminal, civil, or administrative sanctions, including E fines, imprisonment, civil damages and penalties, debarment from participating in federal or City awards or U) contracts,and/or any other remedy available by law. 0 9. Debarment and Suspension Certification. Entities that are debarred, suspended, or proposed for tU debarment, by the U.S. Government are excluded from receiving federal funds and contracting with the City. Grantee, by signature to this Agreement, certifies that Grantee is not currently debarred, suspended, or proposed for debarment, by any Federal department or agency. Grantee also agrees that it will not enter into a subcontract with a person or entity that is debarred,suspended,or proposed for debarment. Grantee will notify the City if it,or L a subcontractor, is debarred, suspended, or proposed for debarment, by any Federal department or agency. Debarment status may be verified at https://www.sam.gov/. 3 10. Termination. Upon thirty (30) days-notice, the City may terminate this agreement for convenience. Any unspent grant proceeds shall be immediately returned to the City. d m L 11. Repayment of Funds; Recoupment. If Grantee has unspent grant proceeds on hand as of December 31, Q 2024,Grantee shall return all unspent grant proceeds to the City within ten(10)calendar days. If any funds provided to Grantee were used in a manner that is not consistent or allowable as outlined in this Agreement or in the Federal M Terms, Grantee shall return funds to City in the amount determined to be ineligible. Grantee further agrees that it is financially responsible for and will repay the City any and all indicated amounts following an audit exception which Q occurs due to Grantee's failure,for any reason,to comply with the terms of this Agreement.This duty to repay the d City shall not be diminished or extinguished by the termination of the Agreement. Q 00 12. Conflict of Interest. Grantee designees, agents, members, officers, employees, consultants, and any other M public official who exercises or who has exercised any functions or responsibilities with respect to the Program during his or her tenure,or who is in a position to participate in a decision-making process or gain inside information U m with regard to the Program,are barred from any interest,direct or indirect, in any grant or proceeds of the Program, V or benefit there from,which is part of this Agreement at any time during or after such person's tenure. (9 13. Governing Laws. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington.The venue for any action hereunder shall be in the Superior Court for King County,Washington, M or the U.S. District Court for the Western District of Washington. L 14. Indemnification.To the maximum extent permitted by law,Grantee shall,at its cost and expense, protect, Q defend, indemnify, and hold harmless the City, its directors, officers, employees, and agents, from and against any and all demands, liabilities, causes of action, costs and expenses (including attorneys' fees), claims,judgments, or awards of damages,arising out of or in any way resulting from the acts or omissions of Grantee,its directors,officers, Qa employees, or agents, relating in any way to Grantee's performance or non-performance under the Agreement. W Grantee agrees that its obligations under this paragraph extend to any demands,liabilities,causes of action,or claims Q brought by,or on behalf of,any of its employees or agents.For this purpose,Grantee,by mutual negotiation,hereby m waives, as respects the City only, any immunity that would otherwise be available against such claims under any E industrial insurance act, including Title 51 RCW, other Worker's Compensation act, disability benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. These r indemnification obligations shall survive the termination of the Agreement. Q Grant Beneficiary Agreement Page 2 of 3 Packet Pg. 282 8.F.a 15. Insurance. The Recipient shall procure and maintain for the duration of this Agreement, insurance of the types and in the amounts described in Exhibit 8 attached and incorporated by this reference. a� r c 16. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of U counterparts,each of which shall constitute an original,and all of which will together constitute this one Agreement. N Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was .N received in person. m CITY OF KENT GRANTEE cE M a) Name: Name: m Title: Title: 0 U L Signature: Signature: > Date: Date: c m m ,L^ V Exhibits t r 3 1—Federal Terms 2—Scope of Work E 3—Cost Certification d am L 4—Civil Rights Certification Form Q 5—Lobbying Certification Form 6—Lobbying Disclosure Form (if applicable) M 7—City EEOC Compliance Documents I 8—Insurance Requirements Q d a 00 V LO M U m U) U c E d m L a ,L^ V Q IL Q r c m E R r r Q Grant Beneficiary Agreement Page 3 of 3 Packet Pg. 283 8.G 4^*VS010- KENT DATE: May 16, 2023 TO: Kent City Council SUBJECT: Agreement for the Kent Senior Activity Center Lunch Program Caterer - Authorize MOTION: I move to authorize the Mayor to sign the Food Service Agreement with Aladdin Food Management, for the Kent Senior Activity Center Lunch Program, in an amount not to exceed $200,000, subject to final terms and conditions acceptable to the Parks Director and City Attorney SUMMARY: The lunch program has been a vital part of the Kent Senior Activity Center for more than 30 years. The lunch caterer will serve more than 12,500 members of the senior community for one year. For many individuals, this lunch is their primary, if not only meal of the day. BUDGET IMPACT: This program and expense is budgeted within the General Fund, Kent Parks, Senior Activity Center operating budget. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. Senior Activity Center Lunch Program Contract (PDF) 05/04/23 Parks and Human Services Committee MOTION PASSES Packet Pg. 284 8.G RESULT: MOTION PASSES [UNANIMOUS]Next: 5/16/2023 7:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Zandria Michaud, Chair AYES: Zandria Michaud, Toni Troutner Packet Pg. 285 8.G.a FOOD SERVICE AGREEMENT This Food Service Agreement is made and entered into by and between the City of Kent, a Washington municipal corporation, for the Kent Senior Activity Center ("Client"), and Aladdin Food Management Services, LLC, organized under the laws of West Virginia, with a principal office located at 2400 Ansys Drive, Suite 404, Canonsburg, PA 15317 ("Company") (collectively "the Parties"). m as c� 1. TERM AND INTENT U L 1.1 Client grants Company the exclusive right to provide Food Service, to operate the Food Service c Facilities,and to provide to Client,faculty,staff, students,guests and other persons at the Premises a. such Food Service and Products. U c 1.2 This Agreement shall commence on February 18, 2023 (the "Commencement Date") or sooner if J mutually agreed upon in writing by both of the Parties. The Agreement will remain in effect g through February 17, 2024. The Agreement shall renew for additional one-year (1) periods upon execution of mutually agreed upon addendum, unless either party provides written notice of ;, termination to the other party at least sixty (60) days prior to the expiration date or unless this Agreement is otherwise terminated as set forth herein. U Q L 0 2. DEFINITIONS Cn 2.1. Accounting Period. Company's accounting calendar is based on an accounting cycle consisting of Y three (3) rotational periods of four (4) weeks, four (4) weeks, five (5) weeks. 0 2.2. Agreement. In order of precedence: (i) this Food Service Agreement, Exhibits and Schedules, as Iq amended and, where specifically included by reference, (ii) the Company's Proposal (iii) the r Solicitation. M L 2.3. Charge. A reasonable allocation established by Company and applied on a consistent basis to 0 Company's Client accounts for the expenses in question. U 2.4. Food Preparation Equipment. Equipment or appliances reasonably necessary for Food Service E L including, without limitation, stove, oven, sink, refrigerator, microwave, mixer, steamer, slicer, o freezer and fire extinguishing equipment that is in good condition and of a commercial grade. a 2.5. Food Service. Operations and Products to be provided by Company in accordance with this Agreement related to the preparation, service and sale of food, beverages, goods, merchandise and other items at the Premises. a� r 2.6. Food Service Facilities. Space for Company to prepare and perform Food Service at the Premises m including, without limitation, kitchen, dining, service, office and storage areas. r 2.7. Governmental Rule. Any statute, law, rule, regulation, ordinance or code of any governmental entity (whether federal, state, local or otherwise). a 2.8. Office Equipment. All office items reasonably necessary for Company staff to perform office- `o related functions at the Premises including, without limitation, furniture (e.g. desk, chair, file cabinet), equipment (e.g. computer, phone, data/high speed internet lines), parking spaces and U) locker/break room facilities. m 2.9. PCI Standards. All rules, regulations, standards or guidelines adopted or required by the Payment Card Industry Security Standards Council relating to privacy, data security and the safeguarding, disclosure and handling of Payment Instrument Information. a Page 1 of 11 Packet Pg. 286 8.G.a 2.10. Premises. The Client's food service facility located at 600 East Smith Street, Kent, Washington 98030. r 2.11. Products. Food, beverages, goods, merchandise, and supplies. M 2.12. Proprietary, Confidential and Trade Secret Information. Items used in Company Food Services o (owned by or licensed to Company) including, without limitation, menus, signage, surveys, Software(i.e. menu systems,food production systems,accounting systems), recipes, management guidelines and procedures, operating manuals, personnel information, purchasing and distribution v practices, pricing and bidding information, financial information, provided, however that the E following items are specifically excluded: (i) information generally available to and known by the c public or (ii) information independently developed or previously known by the Client. a. 2.13. Servicewares. Items used in the service of food and beverages including, without limitation, chinaware, glassware, silverware. J 2.14. Smallwares. Items used in the preparation of food including, without limitation, pots, pans and kitchen utensils. 2.15. Supervisory Employee. Those persons who have directly or indirectly performed management or v professional services on behalf of Company for the Client at any time during this Agreement including, without limitation, any corporate employee, manager, assistant manager, chef, lead Q cook or dietitian. L 0 2.16. Utilities and Amenities. All utilities reasonably requested by Company to provide Food Services at the Premises including, without limitation, heat, hot and cold water, gas, refrigeration, lights, Cn electric current, ventilation, air conditioning, recycling, cooking waste removal, hazardous waste Y removal,garbage removal services, exterminator services,telephone services, internet access,and 0 sewage disposal services. `* M r 3. FOOD SERVICES M L 3.1 Food Service. Company will oversee Food Services at the Premises which shall include, without v limitation, preparation and service of food and beverages to Client's employees, staff and guests. E 3.2 Program Specifications. Company shall provide service of one meal per day, five days per week 0 0 (Monday through Friday) to Client's staff, guests, and others as designated by the Client. a A. Menus. Company reserves the right to make changes to items and portion sizes on an ongoing basis. Significant changes to portion sizes or offerings must be approved in writing by the Client J prior to implementing such changes. B. Locations. Company shall operate and manage Food Services at the Premises and locations as the Client and Company mutually agree. v C. Hours. Company shall provide necessary Food Services for the weekly lunch program and other special events at such hours as the Client and Company mutually agree. 3.3 Purchasing. Company shall purchase those Products and supplies necessary to comply with c Company's obligations as set forth in this Agreement from Company's approved vendors that meet Company's guidelines and requirements. U) 3.4 Inventory. Company will purchase and own all inventories of food, beverages, and supplies. Upon termination of this Agreement for any reason, at Company's option, (i) Company may remove and E retain any remaining Product inventory or (ii) Client may elect to purchase from Company, at Company's invoice cost, any remaining Product inventory. a Page 2 of 11 Packet Pg. 287 8.G.a 3.5 Cleaning. Company and Client shall be jointly responsible for housekeeping and sanitation in the food preparation, storage and service areas of Premises. Company shall perform routine cleaning r U and housekeeping in the food preparation and service areas. Client shall perform major cleaning including, without limitation, stripping and waxing floors, cleaning walls, windows, fixtures, o ceilings, electric light fixtures, grease traps, hoods and vents, duct work, plenum chambers, pest control and roof fans throughout the Food Service Facilities as defined herein. Client shall be responsible for setting up and cleaning the Premises for functions not managed by Company, in v addition to any related charges. Client shall be responsible for removal of refuse from the E collection areas and all refuse removal charges. c L a. 4. EMPLOYEES U 4.1. Employees. Company shall hire employees necessary for its performance of this Agreement. Persons employed by Company will be the employees of Company and not of Client. Company's employees and agents shall comply with applicable rules and regulations concerning conduct on U the Client's premises which the Client imposes upon its employees and agents provided such rules and/or regulations are not in violation of any federal, state, and/or local laws. Client agrees to provide Company notice of any proposed changes in rules, at least thirty (30) days prior to Q implementation. Company will consider Client's written requests to remove Food Service E employees, provided such requests are non-discriminatory and comply with all laws and regulations in governing employment. 4.2. Wages and Hours. Company shall comply with all applicable federal, state and local laws and Y regulations pertaining to the wages and hours of employment for Company's employees. Client LO shall comply with all applicable federal,state and local laws and regulations pertaining to the wages and hours of employment for Client's employees. 4.3. Payroll Taxes. Company shall be responsible for all withholding and payroll taxes relative to Company's employees. Client shall be responsible for all withholding and payroll taxes relative to 0 Client's employees. E 4.4. Background Checks. Company shall conduct necessary background checks as required by law. 0 4.5. Equal Opportunity and Affirmative Action Employer. Company abides by the requirements of 41 a CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, J and prohibit discrimination against all individuals based on their age, race, color, religion, sex, a_ sexual orientation or national origin. Company employs and promotes individuals without regard to age, race, color, religion, sex, national origin, protected veteran status or disability. Company v shall execute the attached City of Kent Non-Discrimination Policy Declaration (Exhibit A) and comply with the attached City Administrative Policy 1.2 (Exhibit B). a L 0 S. PREMISES, FACILITIES, UTILITIES AND EQUIPMENT 5.1 Premises. The Premises shall be in good condition and maintained by the Client to ensure c compliance with applicable Governmental Rules and to enable Company to perform its obligations E hereunder. Client shall be responsible for any modifications or alterations to the workplace or the a Page 3 of 11 Packet Pg. 288 8.G.a Premises necessary to comply with any applicable Governmental Rules. Company shall have no obligation to maintain or repair the Premises. 5.2 Equipment. Without limiting the foregoing, Client shall permit Company to use all of the Client's M Food Preparation Equipment in the performance of Food Service. The Food Preparation o Equipment provided by Client shall be commercial grade, in good condition and shall be maintained, repaired and replaced by Client to permit the performance of the Food Service and to ensure compliance with applicable Governmental Rules. Company and Client shall inventory v Client's current Equipment within thirty (30) days after the Commencement Date. Company shall E take reasonable care of all Food Preparation Equipment under its custody and control, provided c that the foregoing shall not limit Client's obligation to maintain, repair and replace (as necessary) a the Food Preparation Equipment. Company shall give notice to Client of any requested repairs or M replacements that are reasonably necessary for Company to perform its duties under this J agreement. If Client fails to make necessary repairs or replacements within a reasonable time of receiving this notice, any subsequent nonperformance by Company as a result of inadequate equipment shall be excused until necessary repairs or replacements are made. v 5.3 Facilities, Utilities. At its own expense, Client shall maintain, repair, replace, and keep in safe operating condition said Facilities and Utilities, to permit the performance of the Food Service and Q to ensure compliance with Governmental Rules. o 5.4 Smallwares and Servicewares. At its own expense, Client shall furnish Company with the appliances, wares and equipment reasonably requested by Company including all Cooking Cn Equipment, Smallwares and Servicewares. Y 5.5 Computer Equipment. 0 A. Internet Access. If Company is to implement a point-of-sale system, Client shall either allow Iq Company to use Client's point-of-sale-system ("POS System") and required internet access or, r in the alternative, shall provide and maintain the system requirements necessary for Company L to install and maintain its own POS System. To the extent Company installs and maintains its c own POS System, Client shall provide electrical outlets and wireless IP network connectivity 0 terminating in necessary cabling connection between the cash registers, the time-clocks, the E L foodservice office and Company's router. Client shall allow Company and the internet provider o physical access to the area where a high-speed internet connection will be installed, and shall a permit Contractor's installation of a router and dedicated high-speed internet circuit with full administrative control to establish a connection between the foodservice office, workstations J (if any) and Company's network. , B. Software. Company will license products, software and maintenance for use in providing services in accordance with this Agreement. Company has procured a license to access and r use Company's centralized Nutritional Database ("NDB") for nutritional analysis, menu > planning and other operational purposes for Client's Premises. Client agrees that all software a associated with the operation of the Food Service, including without limitation, the NDB, food `o production systems, and accounting systems, is owned by or licensed to Company. Client's a access or use of such software shall not create any right, title, or copyright in such software. Upon termination of this Agreement, Client shall have no right to access or retain any Company E software or Confidential Information produced by that software. C. Credit Card Processing. If requested by Client, Company will accept and process credit card payments for sales of food, beverage, goods, merchandise and services in the Food Service a Page 4 of 11 Packet Pg. 289 8.G.a operation. If Company processes credit card transactions using equipment solely provided by Company, then Company will be responsible for compliance of its equipment in accordance with PCI Standards. If Company uses computers, software, network equipment ("Systems") or 2 other property of Client to process credit card transactions, then Client will be required to 0 provide Systems that fully support PCI standards and requirements or reimburse the Company for the acquisition of Systems that sufficiently meet the requirements of current PCI Data Security Standards. In that case, if Company is considered the "merchant of record", Client will v provide Company with a certificate of compliance if requested by Company. E L 0 6. LICENSES, PERMITS AND TAXES a. U 6.1 Licenses and Permits. Company shall procure, maintain and post the food licenses and permits as 0 required by law. Client represents and warrants that it has and will maintain all other licenses and permits necessary to operate the Premises and the Food Services. The Client agrees to notify Company immediately upon receiving notice of loss of any such permit or license. v 6.2 Taxes. Company shall be responsible for collecting and remitting sales tax on applicable sales collected by Company. Unless Client provides documentation of Client's federal and state tax- Q exempt status to the Company's sole satisfaction, Client shall reimburse Company for state and o local sales tax on the full amount of charges and fees billed to the Client. Client shall secure and pay all federal, state and local property, excise and income and other taxes and fees required for Cn the Premises and resulting from the Food Services provided for hereunder. Client shall Y immediately pay for any tax assessments including interest, penalties, costs and expenses, which are assessed against the Food Service operation and were not in effect as of the Commencement LO Date or were owed but unpaid as of the Commencement Date. Client shall notify Company promptly should its sales tax status be changed. L ++ 7. FINANCIAL ARRANGEMENTS 0 E 7.1 Pricing Structure. Company shall charge and Client shall pay eight dollars and fifty cents ($8.50) 0 per meal. Total payments shall not exceed two hundred thousand dollars ($200,000.00) under this a Agreement. 7.2 Payments Due and Late Payment Penalty. Company shall issue an invoice at the end of each week 0 (which shall run Saturday through Friday) showing the amounts due. Client shall pay the full invoice amount within fourteen (14) days from the issuance of the invoice. Payment Method shall be electronic via AFT/ACH transfer or another acceptable electronic method agreed upon between v r the parties. In the event payment is not made within thirty (30) days of the due date, the invoice •� will be subject to a finance charge of eighteen percent (18%) per annum or, if less, the maximum a amount permitted under applicable law. The right of Company to charge the finance charge shall `o not be construed as a waiver of Company's normal entitlement to receive timely payment as set r- forth herein. U) 7.3 Right to Offset. In the event that Client is more than thirty (30) days past due on any obligations to Company, Company shall have the right to offset, from any other sums owed by Company to E Client, all or any portion of such outstanding receivables. Additionally, Company shall have the c right, at Company's option, at any time that Client is over thirty (30) days past due on any a Page 5 of 11 Packet Pg. 290 8.G.a obligations require that Client pay, on a prebilling basis, at least one week in advance of each Accounting Period, the estimated amount due Company for that Accounting Period. The estimated amount shall be adjusted and reconciled to the actual amount in the next prebilling M invoice, or if Client is no longer past due on its obligations to Company, with the next invoice due o hereunder. Further, Company shall have the right to immediately adjust hours, retail prices, labor and menu offerings to further off-set any losses. 7.4 Change in Conditions. The financial terms set forth in this Agreement, and all other obligations v assumed by Company hereunder, are based on conditions in existence on the date Company E commences operations including, without limitation, population; labor costs; applicable c Governmental Rules; food and supply costs; provision of equipment and utilities; state of the a. Premises; and federal,state and local sales, use and excise taxes (the "Conditions"). Further, Client acknowledges that in connection with the negotiation and execution of this Agreement, Company J has relied upon Client's representations regarding existing and future conditions (the "Representations"). In the event of change in the Conditions, inaccuracy of the Representations, or if Client requests any significant change in the Food Services as provided under this Agreement, the financial terms and other obligations assumed by Company may be changed by amendment of this Agreement through mutual written consent of the parties. Q 7.5 Future Pricing. Pricing adjustments shall be made on an annual basis and shall be agreed upon by o the parties at a rate no less than the greater of: three percent (3%) or the most recently released E U.S. Department of Labor Consumer Price Index, All Urban Consumers, National Average Cn Unadjusted, Food Away From Home. Up to ninety (90) days prior to the anniversary of the Y Commencement Date, Company shall provide Client notification of the adjustment to the Fee(s). Company proposed adjustments shall go into effect upon execution of mutually agreed upon LO addendum to this Agreement unless the Parties have entered into a written agreement with an r alternative cost adjustment. L 7.6 Attorneys Fees and Costs. Client shall pay all costs of collecting any amount due Company, c including attorney's fees and all costs and other expenses incurred by Company in collecting an 0 indebtedness of Client due to Client's failure to make payment under the terms of this Agreement. E L This provision shall survive the termination of the Agreement. 0 L Q. 8. TERMINATION OF THE AGREEMENT. 0 J 8.1 Termination for Non-Performance. If either party refuses, fails or is unable to perform or observe any of the terms or conditions of this Agreement for any reason other than for Excused Performance as set forth in this Agreement, the party claiming such deficiency shall provide the v breaching party written notice of any such breach. If the breaching party remedies such breach within (i) three (3) days in the case of failure to make payment when due, (ii) fifteen (15) days in a the case of any other breach, or (iii) a reasonable time where cure is not possible within fifteen `o (15) days (collectively the "Notice Period"),the notice shall be null and void. If the breaching party r_ fails to remedy the breach within the Notice Period, the party giving notice may cancel the U) Agreement after the end of the Notice Period. 8.2 Termination for Financial Insecurity. If either Party makes an unauthorized assignment for the E benefit of creditors,files a petition under the bankruptcy or insolvency laws of any jurisdiction, has a or suffers a receiver or trustee to be appointed for its business or property, or is adjudicated a a Page 6 of 11 Packet Pg. 291 8.G.a bankrupt or an insolvent,the other party may terminate the Agreement with three(3) days' notice. Provided, however, that Client agrees to provide Company thirty (30) days' notice before filing a petition for bankruptcy. M 8.3 Voluntary Termination. At any time after one year of service, either Party may terminate this o Agreement with or without cause by written notice to the other party given not less than thirty (30) days prior to the effective date of termination. 8.4 Steps Upon Termination. Upon the termination or expiration of this Agreement, Company shall v vacate the Premises occupied by Company and shall remove its own equipment and return E equipment furnished by Client pursuant to this Agreement. Upon termination of this Agreement, a, 0 Company shall surrender the then-current Food Preparation Equipment to Client in the condition a. as it was delivered on the Commencement Date (or, if later, in the condition in which such Food Preparation Equipment was placed into service), excepting ordinary wear and tear, damage J resulting from Client's failure to maintain the Food Preparation Equipment and other damage (including damage caused by force majeure) for which Company is not responsible hereunder. 8.5 Continuing Obligations. The termination of this Agreement shall not affect the rights, privileges, v or liabilities of the Parties as they exist as of the effective date of termination. All outstanding amounts owed to Company shall become due and payable immediately upon termination. If, at Q Client's request and with Client's written permission, Company enters into agreements with one o or more third parties in connection with its management of Client's Food Service operations (collectively, "Third Party Agreements"), Client agrees, at Client's sole cost and expense, to: (i) Cn assume and undertake (or cause to be assumed and undertaken by the Food Service provider Y succeeding Company) all responsibilities of Company under all Third Party Agreements from and after the date this Agreement expires or is earlier terminated; (ii) release Company from all liability LO associated with such Third Party Agreements from and after the date this Agreement expires or is r earlier terminated; and (iii) bear all liability and responsibility with respect to any costs, fees and L other charges associated with termination of such Third Party Agreements. This Paragraph shall c survive the termination or expiration of this Agreement. 0 E 0 L 9. INDEMNIFICATION; INSURANCE o L 9.1 Insurance. Both Client and Company shall maintain their own insurance on their respective real property, equipment and contents. Company will provide evidence of such insurance and J applicable endorsements at the time of contract signing. A. Company Insurance. Company shall procure and maintain the following insurance: 1. Worker's Compensation Insurance as prescribed by the laws of the state where the Premises are located; and 2. Comprehensive General Liability Insurance, with limits of two million dollars a ($2,000,000.00) per occurrence and two million dollars ($2,000,000.00) annual `o aggregate to cover any and all claims that arise during the course of this Agreement. B. Client Insurance. The City of Kent shall be named as an Additional Insured, via Endorsement U) also to be provided at contract signing. 9.2 Subrogation. Client and Company waive any and all right of recovery from each other for property E damage or loss of use thereof, however occurring, which loss is insured under a valid and a collectible insurance policy to the extent of any recovery collectible under such insurance. This a Page 7 of 11 Packet Pg. 292 8.G.a waiver shall include, but not be limited to, losses covered by policies of fire, extended coverage, boiler explosion and sprinkler leakage. This waiver shall not apply to claims for personal death or injury. Indemnification. Each Party agrees to provide the following indemnification: M A. Each party agrees that it will defend, indemnify and hold harmless the other party, its officers, o directors, parent corporation, affiliates, employees and agents ("Indemnified Parties") against any and all liabilities, losses, damages, injuries, deaths, reasonable litigation expenses (including,without limitation, reasonable attorneys'fees),costs and costs of court(collectively, v "Damages") which Indemnified Parties may hereafter sustain, incur or be required to pay E arising out of the other party's negligent acts, omissions or failure to perform obligations c pursuant to this Agreement. Provided, however, neither party shall be required to defend, a. indemnify and hold harmless the other party for any intentional or criminal actions of the other party or its employees, visitors or invitees. J B. Notice of Indemnification. A party shall only be required to indemnify pursuant to the Agreement, where that party receives a written request to indemnify within twenty (20) days after the initial receipt of notice of any such lawsuit or claim by the party requesting indemnification. Failure to notify a party of such claim or lawsuit within the stated period of time shall relieve that party of any and all responsibility and liability under this Agreement to Q defend, indemnify and hold harmless for that claim or lawsuit. o Cn as 10. GENERAL AGREEMENT TERMS 10.1 Confidentiality. Neither Client, nor Client's employees or agents, shall disclose, photocopy, Y duplicate or use, either during or after the term of this Agreement, any Proprietary, Confidential Iq and Trade Secret Information, without Company's prior written permission. All Proprietary, Confidential and Trade Secret Information shall remain Company exclusive property. Client's access or use of Company Proprietary, Confidential and Trade Secret Information or Software shall not create any right title, interest or copyright in such Information or Software. If Client is v requested to disclose any of the Confidential Information to any third party for any reason, Client E shall provide Company with prompt notice of such request(s). Upon termination of this 0 Agreement, Client shall return all Company Proprietary, Confidential and Trade Secret Information a in Client's possession relating to Company's services pursuant to this Agreement. Client agrees that upon breaching this provision, Company shall be entitled to equitable relief, including J injunction or specific performance, in addition to all other available remedies. Company acknowledges that Client is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and records prepared or gathered by the Parties in v performance of this agreement may be subject to public review and disclosure. Client shall not be held responsible, nor shall Company be entitled to any relief, from disclosures made pursuant to a the Washington Public Records Act. This provision shall survive the termination of the Agreement. `o 10.2 Intellectual Property. Nothing in this Agreement is intended to grant any rights to Client under any patent, copyright, trademark, trade name, trade secret or other proprietary right of Company U) (whether now owned or hereafter developed or acquired), all of which are reserved to Company. 10.3 Independent Contractor Relationship. It is mutually understood and agreed, and it is the intent of E the Parties,that an independent contractor relationship is hereby established under the terms and a conditions of this Agreement. Employees of Company are not, nor shall they be deemed to be, a Page 8 of 11 Packet Pg. 293 8.G.a employees of Client. Employees of Client are not, nor shall they be deemed to be, employees of Company. 10.4 Notice. Any notice required under this Agreement shall be deemed to have been sufficiently M provided when delivered by hand, or three days after being sent by certified or registered mail o return receipt requested, or by overnight delivery service with receipt of delivery, provided such delivery is to the parties at the following addresses: U Kent Senior Activity Center Aladdin Food Management Services, LLC E 600 East Smith Street, 2400 Ansys Drive, c Kent, WA 98030 Suite 404 a. Canonsburg, PA 15317 c J 10.5 Excused Performance. If performance of any terms or provisions hereof(other than the payment a� of monies) shall be delayed or prevented because of compliance with any law, regulation, decree or order by any federal, state, or local court, governmental agency or governmental authority, or because of riot, war, public disturbance, strike, lockout, differences with workmen, fire, flood, Act of God, pandemic, epidemic, or any other reason whatsoever, which is not within the control of Q the party whose performance is interfered with, and which, by the exercise of reasonable diligence o said party is unable to prevent, the party so suffering may at its option, suspend, without liability, the performance of its obligations hereunder (other than the payment of monies) during the Cn period such cause continues. Y 10.6 Assignment or Transfer. Neither party may assign or transfer this Agreement, or any part thereof, without written consent of the other party. Such consent shall not be unreasonably withheld Iq Provided, however, that this shall not apply to Company's transfer to a parent, sister or successor r company where Company provides Client at least thirty (30) days written notice. CU L 10.7 Entire Agreement; Waiver. This Agreement, including any Exhibits hereto, constitutes the entire c Agreement between the Parties with respect to the provisions of Company's services, and there 0 are no other or further written or oral understandings or agreements with respect thereto except E L- as otherwise set forth herein. No variation or modification of this Agreement and no waiver of its o provisions shall be valid unless in writing and signed by the duly authorized officers of Company a and Client. This Agreement supersedes all other agreements between the Parties or their predecessors for the provision of Company Food Services. J 10.8 Counterparts; Electronic Signatures. This Agreement may be executed in multiple counterparts, a, r each of which shall be effective upon delivery and, thereafter, shall be deemed to be an original, and all of which shall be taken as one and the same instrument with the same effect as if each r party had signed on the same signature page. This Agreement may be transmitted by fax or by electronic mail in portable document format ("PDF") and signatures appearing on faxed a instruments and/or electronic mail instruments shall be treated as original signatures. `o 10.9 State Guidelines. Client hereby agrees that the validity and construction of this Agreement shall be governed by Washington law. Should a lawsuit be necessary to enforce this Agreement, Client hereby waives any objection to venue or personal jurisdiction and agrees to be subject to the E jurisdiction of the King County Superior, King County, Washington. A facsimile copy or photocopy of this Agreement shall be valid as an original thereof. EACH PARTY HEREBY WAIVES THE RIGHT a Page 9 of 11 Packet Pg. 294 8.G.a TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF AND BROUGHT BY ANY OTHER PARTY. 10.10Severability. Any term or provision of this Agreement that is invalid or unenforceable shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or o U enforceability of the offending term or provision in any other situation. 10.11 Authority. Company and Client represent that the individual executing this Agreement has beenCU duly and validly authorized to execute this Agreement on each party's respective behalf with the U full power and authority under all applicable laws and respective articles of incorporation, bylaws or other governing instrument to enter into this Agreement and to perform their obligations o hereunder. a t c [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] L Q� U Z v Q L 0 ,0 v/ Y 0 LO M r V R L 0 U E L 0 L 0_ V J L 0 0 U r r v Q L O 0 U) 0 E V R a Page 10 of 11 Packet Pg. 295 8.G.a IN WITNESS WHEREOF,the Parties, intending to be legally bound, have caused their appointed and duly assigned officers to execute this Agreement. L CLIENT: Kent Senior Activity Center COMPANY: Aladdin Food Service o Management, LLC m L Signature: Signature: U Name: Name: E Title: Title: a� 0 Date: Date: a t c J L Q� U Z v Q L Q Cn Y 0 LO M r V R L 0 U E L 0 L V J L U r r v Q L U) E V R a Page 11 of 11 Packet Pg. 296 Exhibit A DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY r The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who 0 perform work with relation to this Agreement shall comply with the regulations of the City's 0 equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: U E L • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 0 252), (prohibits discrimination on the basis of race, color, national origin); a U c • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); U • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). Q L • Ch. 49.60 RCW (Washington Law Against Discrimination) 0 as Cn c The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Y Regulations". 0 LO The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of u all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives 0 outlined below, it will be considered a breach of contract and it will be at the City's sole E determination regarding suspension or termination for all or part of the Agreement. 0 L The statements are as follows: a 1. I have read the attached City of Kent administrative policy number 1.2. _J L 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. z, 3. During the time of this Agreement I, the prime contractor, will provide a written c statement to all new employees and subcontractors indicating commitment as an equal -2 opportunity employer. U) c 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and E promotion of women and minorities. 5. During the performance of this contract, the contractor, for itself, its assignees, and a successors in interest (hereinafter referred to as the "contractor") agrees as follows: EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 297 8.G.a A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference o and made a part of this contract. L L B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national E origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or 0 indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program c set forth in Appendix B of 49 CFR Part 21. L C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made ;, by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or Q supplier will be notified by the contractor of the contractor's obligations under this o contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. in a� D. Information and Reports: The contractor will provide all information and reports Y required by the Acts and Regulations and directives issued pursuant thereto and will Q permit access to its books, records, accounts, other sources of information, and its M facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain M compliance with such Acts and Regulations and instructions. Where any information a required of a contractor is in the exclusive possession of another who fails or U refuses to furnish the information, the contractor will so certify to the City or the E Washington State Department of Transportation, as appropriate, and will set forth o what efforts it has made to obtain the information. a E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or a b. cancelling, terminating, or suspending a contract, in whole or in part. `o_ a� U) F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of a Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, EEO COMPLIANCE DOCUMENTS - 2 Packet Pg. 298 8.G.a or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and o authorities; including but not limited to: a� L Pertinent Non-Discrimination Authorities: U E L i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), o (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. c ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of J L 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and U projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); o iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as E_ a� amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; Cn V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), Y (prohibits discrimination on the basis of age); 0 vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as n M amended, (prohibits discrimination based on race, creed, color, national origin, or sex); L 4' vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, o coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age U E Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by 2 expanding the definition of the terms "programs or activities" to include all of the o programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private a� transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; a ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § `o 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non- discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental a effects on minority and low-income populations; EEO COMPLIANCE DOCUMENTS - 3 Packet Pg. 299 8.G.a xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP r persons have meaningful access to your programs (70 Fed. Reg. at 74087 to L 74100); o xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) E L 8. The submission of the final invoice for this contract will constitute a reaffirmation that the ° preceding statements were complied with during the course of the contract's performance. U c By signing below, I agree to fulfill the five requirements referenced above. L V By: For: Q L Title: .E as Cn Date: Y 0 LO M r V M L ++ 0 U E M L 0 0 L V J L d U r z, v Q L 0 U) yr E V Q EEO COMPLIANCE DOCUMENTS - 4 Packet Pg. 300 Exhibit B CITY OF KENT ADMINISTRATIVE POLICY r NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 M c 0 U L L V SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 E L APPROVED BY Dana Ralph, Mayor 0 a POLICY: J Equal employment opportunity and non-discrimination in contracting requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and suppliers of the City must guarantee equal employment opportunity within their organization U and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: Q L 1. Provide a written statement to all new employees and subcontractors indicating •2 commitment as an equal opportunity employer. Cn 2. Actively consider for promotion and advancement available minorities and women. Y 0 Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the M City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy Declaration, prior to commencing performance. L Any contractor, subcontractor, consultant or supplier who willfully disregards the City's 00 nondiscrimination and equal opportunity requirements shall be considered in breach of contract E L- and subject to suspension or termination for all or part of the Agreement. a) 0 L Q. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to coordinate with the City's Title VI coordinator, and perform the following duties for their respective departments. J L 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. a 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. `o .E a� U) c a� E a EEO COMPLIANCE DOCUMENTS - 5 Packet Pg. 301 8.H KENT WASHINGTON DATE: May 16, 2023 TO: Kent City Council SUBJECT: Agreement with EarthCorps for Mill Creek Canyon Trail Repair - Authorize MOTION: I move to authorize the Mayor to sign the Park Trail Restoration Services Agreement with EarthCorps, in the amount of $121,198.08, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: This contract will build on the success of the initial trail work completed in Mill Creek Canyon during 2021 and 2022. This work will continue to improve the main trail moving south up the canyon and include additional tread improvements, trail reroutes, where necessary, in wet sections of the trail, and general trail maintenance. BUDGET IMPACT: Expense impact to Mill Creek Canyon Trail Renovation capital budget. 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. ATTACHMENTS: 1. EarthCorps-Trail Repair Contract (PDF) 05/04/23 Parks and Human Services Committee MOTION PASSES Packet Pg. 302 8.H RESULT: MOTION PASSES [UNANIMOUS]Next: 5/16/2023 7:00 PM MOVER: Zandria Michaud, Chair SECONDER: Toni Troutner, Councilmember AYES: Zandria Michaud, Toni Troutner Packet Pg. 303 8.H.a • KENT WAS'-- AGREEMENT FOR PARK TRAIL RESTORATION SERVICES between City of Kent and EarthCorpsCl THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and EarthCorps, a Washington public benefit corporation, located and doing 'Fu business at 6310 NE 74th Street, Suite 201E, Seattle, WA 98115-8168 (hereinafter the "Contractor"). c 0 AGREEMENT c� U lie The parties agree as follows: a� L I. DESCRIPTION OF WORK. U The Contractor shall perform the following services for the City in accordance with the following o described plans and/or specifications: v Q. L 0 U Trail maintenance and repair work on the main trail within Mill Creek Canyon Park, in r accordance with the 2/25/2023 Scope of Work attached and incorporated as Exhibit A. w r 3 c a� The Contractor further represents that the services furnished under this Agreement will be performed aEi in accordance with generally accepted professional practices within the Puget Sound region in effect at the ;v time such services are performed. Q This Agreement is being entered into pursuant to RCW 35.21.278 and RCW 79A.35.130, which allows LO the City to enter into contracts with community service organizations to provide maintenance improvements to parks, surface water facilities, and environmentally sensitive areas without regard to competitive bidding U for public works, or statutory rates of compensation for environmental and trail maintenance work performed by conservation corps programs offered by nonprofit organizations affiliated with a national service o organization established under the authority of the National and Community Service Trust Act of 1993, P.L. U 103-82. Contractor represents and affirms that the work it is performing under this Agreement meets the exceptions provided for by RCW 35.21.278 and RCW 79A.35.130. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in L Section I above within 30 calendar days after the City issues its Notice to Proceed. Upon the effective date w of this Agreement, all physical work shall thereafter be completed by 12/31/2023. The term of this a Agreement shall continue until all work has been completed, final acceptance has occurred, and all 0 Contractor obligations have been fulfilled. III. COMPENSATION. w r c m A. The City shall pay the Contractor, based on time and materials, a total amount not to E exceed $121,198.08, for the services described in this Agreement. This is the maximum amount to be paid u under this Agreement for the work described in Section I above, and shall not be exceeded without the prior V written authorization of the City in the form of a negotiated and executed amendment to this Agreement. The Contractor agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one year from the effective date of this Agreement. The Contractor's billing rates shall be as delineated in Exhibit A. AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 1 (City of Kent and EarthCorps - Mill Creek Canyon Park Trail) Packet Pg. 304 8.H.a B. The Contractor shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Contractor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. C. Card Payment Program. The Contractor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative L to payment by check and is available for the convenience of the Contractor. If the Contractor voluntarily a participates in this Program, the Contractor will be solely responsible for any fees imposed by financial � institutions or credit card companies. The Contractor shall not charge those fees back to the City. LL r IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- 0 Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: f° U A. The Contractor has the ability to control and direct the performance and details of its a work, the City being interested only in the results obtained under this Agreement. v B. The Contractor maintains and pays for its own place of business from which the o Contractor's services under this Agreement will be performed. '0 Q. L C. The Contractor has an established and independent business that is eligible for a v business deduction for federal income tax purposes that existed before the City retained the Contractor's = services and is a service other than that furnished by the City, or the Contractor is engaged in an w independently established trade, occupation, profession, or business of the same nature as that involved = under this Agreement. 3 c D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state 4) Department of Revenue. Q E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Contractor's business, and has M obtained a Unified Business Identifier (UBI) number from the State of Washington. U 0 F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an r electrical contractor license pursuant to Ch. 19.28 RCW. 0 L G. The Contractor maintains a set of books dedicated to the expenses and earnings of its Q. business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of a this Agreement. After termination, the City may take possession of all records and data within the L 0 Contractor's possession pertaining to this project, which may be used by the City without restriction. If the z City's use of the Contractor's records or data is not related to this project, it shall be without liability or legal = exposure to the Contractor. w r c VI. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, the Contractor must submit a written change order request to the person listed in the notice +c, provision section of this Agreement, Section XV(D), within fourteen (14) calendar days of the date Contractor Q knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 2 (City of Kent and EarthCorps - Mill Creek Canyon Park Trail) Packet Pg. 305 8.H.a the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. Cl The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate Q. acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by the W Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. o c VII. FORCE MA)EURE. Neither party shall be liable to the other for breach due to delay or failure U in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, -'c or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or a delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent U to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing `o state or national declarations of emergency, or any current social distancing restrictions or personal '0 protective equipment requirements that may be required under federal, state, or local law in response to '. the current pandemic. ° U t If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of w the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be 3 effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and aD continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. m L Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the City Q shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure event. LO Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. M L If a force majeure event occurs, the City may direct the Contractor to restart any work or o performance that may have ceased, to change the work, or to take other action to secure the work or the U project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be 'L borne by the Contractor. N Q L VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another v written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall w give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events r giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, E additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall 5 be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in Q strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 3 (City of Kent and EarthCorps - Mill Creek Canyon Park Trail) Packet Pg. 306 8.H.a FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: Cl 1. The date of the Contractor's claim; Q. 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 0 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. f° U lie B. Records. The Contractor shall keep complete records of extra costs and time incurred as a a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's v records needed for evaluating the protest. L The City will evaluate all claims, provided the procedures in this section are followed. If the City 0 determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. Q- No adjustment will be made for an invalid protest. 0 tU t C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall w proceed promptly to provide the goods, materials and services required by the City under this Agreement. r 3 D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the c Contractor also waives any additional entitlement and accepts from the City any written or oral order E (including directions, instructions, interpretations, and determination). L E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this Q section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). M IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT U ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE r THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE o FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. cL Q. X. WARRANTY. Upon acceptance of the contract work, the Contractor must provide the City a one-year warranty bond in a form and amount acceptable to the City. The Contractor shall correct all defects - in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt a or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work o shall extend for one (1) year from the date such correction is completed and accepted by the City. The z Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the _ City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as w determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 0 E XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Q Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 4 (City of Kent and EarthCorps - Mill Creek Canyon Park Trail) Packet Pg. 307 8.H.a The Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's L negligence. a The City's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. c 0 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property v caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, -'c employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the a Contractor's negligence. v IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL '0 INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES Q- FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 0 tU t The provisions of this section shall survive the expiration or termination of this Agreement. w XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, 3 insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. c a� XIV. WORK PERFORMED AT CONTRACTOR'S RISK. The Contractor shall take all necessary 0 precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the a, performance of the contract work and shall utilize all protection necessary for that purpose. All work shall Q be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. M XV. MISCELLANEOUS PROVISIONS. U L r A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its ro- contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. Q m B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the - covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those a covenants, agreements or options, and the same shall be and remain in full force and effect. o U C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any w dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the m parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred Q in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 5 (City of Kent and EarthCorps - Mill Creek Canyon Park Trail) Packet Pg. 308 8.H.a D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the L terms of this Agreement shall continue in full force and effect and no further assignment shall be made a without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the o Contractor. c c� U G. Entire Agreement. The written provisions and terms of this Agreement, together with any _'c Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative a of the City, and such statements shall not be effective or be construed as entering into or forming a part of U or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any `o language contained in this Agreement, the terms of this Agreement shall prevail. '0 Q. L H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal v laws, rules, and regulations that are now effective or in the future become applicable to the Contractor's = business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of w the performance of those operations. r 3 I. Public Records Act. The Contractor acknowledges that the City is a public agency subject to c the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may a be subject to public review and disclosure, even if those records are not produced to or possessed by the a, City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties Q and obligations under the Public Records Act. LO uO J. City Business License Required. Prior to commencing the tasks described in Section I, the Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. 0 K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Q. Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing - the original signature was received in person. It a o U W r C d E t c) .r a AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 6 (City of Kent and EarthCorps - Mill Creek Canyon Park Trail) Packet Pg. 309 8.H.a IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By: By: Print Name: Print Name: Dana Ralph Its Its Mayor t= c 0 DATE: DATE: c c� U NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: a� L CONTRACTOR: CITY OF KENT: U Attn: Whitney Bowman Attn: Bryan Higgins `o EarthCorps City of Kent Parks, Recreation, N 6310 NE 74th Street, Suite 201E and Community Services Department �- Seattle, WA 98115 220 Fourth Avenue South U Kent, WA 98032 (206) 322-9296 (telephone) w whitney@earthcorps.org (email) (253) 856-5113 (telephone) bhiggins@kentwa.gov (email) 3 c ATTEST: APPROVED AS TO FORM: d m L Q Kent City Clerk Kent Law Department uO M V R L r 0 U L Q NN� 1.6 L N Q L 0 U t t= W r C d E t c) .r a AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 7 (City of Kent and EarthCorps - Mill Creek Canyon Park Trail) Packet Pg. 310 8.H.a DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal L opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who Q perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. LL r The City of Kent and its contractors are subject to and will comply with the following: o c • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. U lie 252), (prohibits discrimination on the basis of race, color, national origin); L U • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs = Of The Department Of Transportation-Effectuation Of Title VI Of The Civil L Rights Act Of 1964); ° Q. L • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). w • Ch. 49.60 RCW (Washington Law Against Discrimination) 3 c a� The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and E Regulations". Q The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of M all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined i below, it will be considered a breach of contract and it will be at the City's sole determination o regarding suspension or termination for all or part of the Agreement. L) L The statements are as follows: a 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, ao race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement I, the prime contractor, will provide a written statement w to all new employees and subcontractors indicating commitment as an equal opportunity a employer. E 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and Q promotion of women and minorities. 5. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 311 8.H.a A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference L and made a part of this contract. Q a� B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of o materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including US lie employment practices when the contract covers any activity, project, or program a set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and L Equipment: In all solicitations, either by competitive bidding, or negotiation made ° by the contractor for work to be performed under a subcontract, including a procurements of materials, or leases of equipment, each potential subcontractor or 0 supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the w grounds of race, color, or national origin. 3 D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will E permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Q Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information M required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the 2 Washington State Department of Transportation, as appropriate, and will set forth o what efforts it has made to obtain the information. L E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract _ sanctions as it or the Washington State Department of Transportation may It determine to be appropriate, including, but not limited to: a L O a. withholding payments to the contractor under the contract until the L) contractor complies; and/or _ b. cancelling, terminating, or suspending a contract, in whole or in part. w c a� F. Incorporation of Provisions: The contractor will include the provisions of E paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and a directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such EEO COMPLIANCE DOCUMENTS - 2 Packet Pg. 312 8.H.a direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: L Q. a� Pertinent Non-Discrimination Authorities: LL r i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), o (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. v lie ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, a (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and L projects); .° iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination �- on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; w V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), 3 (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as E amended, (prohibits discrimination based on race, creed, color, national origin, or a� sex); Q vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, Lo coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by U expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, L) L whether such programs or activities are Federally funded or not); Q viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private L transportation systems, places of public accommodation, and certain testing entities y (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation o regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority E Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with Q disproportionately high and adverse human health or environmental effects on minority and low-income populations; xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination EEO COMPLIANCE DOCUMENTS - 3 Packet Pg. 313 8.H.a includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). L xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) Q 7. The submission of the final invoice for this contract will constitute a reaffirmation that the CU preceding statements were complied with during the course of the contract's performance. c 0 By signing below, I agree to fulfill the five requirements referenced above. CU U Y d By: U For: L 0 Title: a 0 Date: L W r E L Q r Lf) M V fC L 0 U d' L Q 0 U t L CU W Q� E V r a EEO COMPLIANCE DOCUMENTS - 4 Packet Pg. 314 8.H.a CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 Cl Q NN� Lf� L SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 c 0 APPROVED BY Dana Ralph, Mayor r_ U POLICY: lie a� U Equal employment opportunity and non-discrimination in contracting requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and suppliers of the City must guarantee equal employment opportunity within their organization and, o 0 if holding Agreements with the City amounting to $10,000 or more within any given year, must C. take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating w commitment as an equal opportunity employer. 3 2. Actively consider for promotion and advancement available minorities and women. E as Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Q Policy Declaration, prior to commencing performance. LO M Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract i and subject to suspension or termination for all or part of the Agreement. o U Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to coordinate with the City's Title VI coordinator, and perform the following duties for their respective departments. — L 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these a regulations are familiar with the regulations and the City's equal employment opportunity o policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. c a� E 0 a EEO COMPLIANCE DOCUMENTS - 5 Packet Pg. 315 Exh 8•H.a Scope of Work: Mill Creek Canyon Trail Revitalization Phase 2 L Q NN� Lf� LLL LOCAL r O EARTH • • U GLOBAL LEADERSHIP L O Q L 0 U t W t r 3 c a� E a� m Prepared for: Q Bryan Higgins Parks Planning and Development LO 220 Fourth Ave South Kent, WA 98032 U Tel: 253-856-5113 Email: BHiggins@kentwa.gov U L Q NN� 16 February 25t" 2023 — L Earth Corps a 6310 NE 74th St, Suite 201E Seattle, WA 98115 c� www.earthcorps.org w r c m Earth Corps E © 2023 a All rights reserved Packet Pg. 316 8.H.a Scope of work.Mill Creek Canyon Revitalization NARRATIVE SCOPE OF WORK EarthCorps and the City of Kent have partnered to revitalize the Mill Creek Canyon Trail L in Mill Creek Earth Works Park. The revitalization project's primary goal is to enhance Q. the existing trail through sustainable trail design, enabling long-term success and reduce the need for frequent maintenance. A sustainable trail will protect the surrounding environments, meet the users' needs and expectations, and require little maintenance. The following scope of work is based on trail standards provided by EarthCorps in February 2021. v lie a� Tasks U The following list of tasks and features have been prioritized (1-3) based on safety and L resource damage. This list is subject to change based on new findings during work ° N implementation. Each feature is associated with a point, which can be found on the Arc GIS online map. https://earthcop2s.maps.arcgis.com/apps/mapviewer/index.html?webmap=cOf08f8259c54 w 200839ed67640cf2c60 3 c Rankings: E 1 = High Priority (Safety hazard and/or high resource damage) L 2 = Priority (No safety hazard but considerable resource damage) Q 3 = Low priority (Not an immediate concern, but could cause a safety hazard or resource damage in the future) M U L r 0 U L Feature Priority Q. Ranking Out slope logs near the 2021 1 L rerouteCL ~ N Step Reinforcement on 2021 1 L switch back Fix steps on 2022 switchback w Ridgeline trail reroute 1 General Tread maintenance 1 E Brushing 1 Cribwall installation 2 Q Define loop trails 2 Packet Pg. 317 8.H.a Scope of work:Mill Creek Canyon Revitalization EarthCorps will provide the following: • An assigned project manager to coordinate with the City of Kent, schedule crews, and ensure project goals/objectives are met. L • Basic hand tools along with access to power tools (mechanical wheel barrows, Q saws etc.) • Personal Protective Equipment and procedures for the use of tools — • Safety signage and personnel when actively working on the trail. • Training and education in trail construction and design, leadership and o community communication. • Workers' compensation, health insurance, and related taxes. v • Washington Labor& Industries documentation • Administrative/ payroll and human resource services. U Agency will provide the following: L O • Access to the site Q. • Any necessary permits to perform work �o w SCHEDULE r 3 Task Month Notes Task 1: Main Trail July&August Maintenance and Exact dates will be provided once finalized. Q Construction 35 Crew days Task 2: Ridgeline July&August 5 Contingency crew days LO Reroute U L r 0 U L BUDGET cc Q. m Crew Labor $ 78,880.00 Project Management $ 21,850.00 L Field Specialist $ - H Materials $ 8,500.00 Q L O Subtotal $ 109,230.00 U Materials&Handling Fee(10%of Total Materials) $ 850.00 TOTAL FEE $ 110,080.00 W Sales Tax: 10.1% Location Code: 4015 $ 11,118.08 'E C TOTAL PAYABLE $ 121,198.08 m E t v a Packet Pg. 318 8.H.a Scope of work:Mill Creek Canyon Revitalization Fee Schedule: Crew day including crew leader- $1,972.00/day Cl An EarthCorps Crew Day is a 9-hour day that includes load, unload, and transportation Q time to and from the worksite and tools needed to complete project tasks. In addition, crews are trained in trail construction and maintenance, erosion control and prevention, ecological restoration, and the safe operation of hand and power tools. An EarthCorps ~ c crew includes a trained crew leader who leads the crew and acts as an onsite 0, communication liaison and is trained in specialized equipment and vehicle use, such as v three-ton dump trucks. as L U Project Manager- $95/hr = L An EarthCorps Project manager collaborate with agency partners to design ecological ° restoration and trail construction projects. They coordinate communication and logistics to Q- L ensure crews are equipped with the knowledge and skills to perform the requested tasks. In ci addition, they provide updates and project status reports. Lastly, they adaptively manage projects to ensure the project's goals and objects meet the agency partner's satisfaction. w r 3 Project Manager Field Services - $100/hr a� E In the event that specialized skills or certification are needed, project managers can offer field L services to meet those needs. Examples of specialized skills are complex chainsaw work such as Q log outs or felling. LO M 3-ton truck and 4 x 4 pickup truck fee- $100/day— billed upon use as needed U L r Material cost, disposal fees and equipment rentals—billed upon receipt o U L Q EARTHCORPS BACKGROUND L EarthCorps is a non-profit organization founded in 1993 with a mission to build a global y community of leaders through local environmental service. EarthCorps provides a year- a 0 long intensive program for young adults from the US and 80 other countries to learn best practices in ecological restoration, trail construction and maintenance and develop their leadership skills through hands on experiences. w r c as E Global Leadership 2 a Based in Seattle, Washington, EarthCorps brings together emerging environmental leaders from more than 60 countries to work on projects in the Puget Sound region and Packet Pg. 319 8.H.a Scope of work: Mill Creek Canyon Revitalization Cascade Mountains. As part of EarthCorps' intensive hands-on curriculum, they learn multiple restoration and trail construction techniques, try out project design and management, develop leadership and team-building skills, and help manage thousands of local volunteers on projects. L Q. a� EARTHCORPS PROJECT LEAD: c Whitney Bowman, Field Operations Manager Tel: (206) 322-9296 ext. 221 � Cell: (206) 701-6195 Email: Whitney@earthcorps.org U EarthCorps Project Managers: L Sean Day 0 Cell: 523-3248139 ? 0 Email: Sean@earthcorps.org L) L Mahleah Grant w Cell: 425-212-8893 Email: mahleah@earthcorps.org a� E aD a� L Q r LO Lf) M V fC L 0 U 0- d' L Q 0 U t L CU W Q� E V r a Packet Pg. 320 8.H.a EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Cl Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder 0 by the Contractor, their agents, representatives, employees or subcontractors. lie a� A. Minimum Scope of Insurance U Contractor shall obtain insurance of the types described below: L 0 1. Automobile Liability insurance covering all owned, non-owned, hired N and leased vehicles. Coverage shall be written on Insurance Services o Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. w 2. Commercial General Liability insurance shall be written on ISO 3 occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Q Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability M insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute U endorsement providing equivalent coverage. 0 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Q a� B. Minimum Amounts of Insurance — L Contractor shall maintain the following insurance limits: a L 0 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. w c 2. Commercial General Liability insurance shall be written with E limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. Q Packet Pg. 321 8.H.a EXHIBIT B (Continued ) C. Other Insurance Provisions L Q. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: c 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and Y shall not contribute with it. L U 2. The Contractor's insurance shall be endorsed to state that coverage shall = not be cancelled by either party, except after thirty (30) days prior L written notice by certified mail, return receipt requested, has been given .° to the City. Q L O 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as w additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance 3 policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each E insured against whom claim is made or suit is brought, except with ;v respects to the limits of the insurer's liability. Q D. Acceptability of Insurers LO Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. r c E. Verification of Coverage U L Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the W additional insured endorsement, evidencing the insurance requirements of 2 the Contractor before commencement of the work. N Q F. Subcontractors 0 Contractor shall include all subcontractors as insureds under its policies or w shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. _ a Packet Pg. 322 8.1 KENT WASHINGTON DATE: May 16, 2023 TO: Kent City Council SUBJECT: City Council Bylaws, Rules, and Procedures — Resolution - Adopt MOTION: I move to adopt Resolution No. 2061 which enacts new bylaws, rules, and procedures of the Kent City Council and repeals Resolution No. 2025. SUMMARY: For efficiency purposes, there is a proposal for Council to consider returning to a Committee of the Whole structure where all councilmembers serve on a Committee of the Whole, in lieu of three councilmembers serving on several separate committees. If Resolution No. 2061 is adopted by the City Council, beginning June 1, 2023, the Committee of the Whole would meet on the first and third Tuesday of each month beginning at 4:00 p.m. Council Workshop would then start at 5:15 p.m., instead of its current 5:00 p.m. start time. Resolution No. 2061 would set the agenda items of the Committee of the Whole as follows: First Tuesday of the Month: Operations items, Public Safety items, and Parks and Human Services items Third Tuesday of the Month: Operations items, Economic and Community Development items, and Public Works items If an item is time-sensitive and the circumstances do not allow staff to wait to address the issue until its assigned Committee of the Whole meeting date, Resolution No. 2061 would allow that item to be presented during the Operations portion of any Committee of the Whole meeting. Resolution No. 2061 would also provide that Chair responsibilities of the Committee of the Whole would rotate through several Subject Matter Chairs. Those roles would then be filled by various councilmembers according to their current appointments as Chairs of existing committees, though the Council President will need to appoint a councilmember to serve as the Chair for Public Safety items within 7 days of Council adopting Resolution No. 2061. Packet Pg. 323 8.1 Operations Subject Matter Chair - Council President; Public Safety Subject Matter Chair - New Appointment will be required; Parks and Human Services Subject Matter Chair - Councilmember Michaud; Economic and Community Development Subject Matter Chair - Councilmember Troutner; and Public Works Subject Matter Chair - Councilmember Fincher. Resolution No. 2061 will be presented to Council at its Operations and Public Safety Committee on May 16, 2023. If the resolution passes out of Committee, it will be considered by Council for formal adoption during its City Council meeting that same night, on the Consent Calendar portion of its agenda. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Resolution Establishing Council Bylaws, Rules and Procedures (Draft) (PDF) Packet Pg. 324 8.I.a r a 0 a 0 U a� t RESOLUTION NO. 2061 c as E a c A RESOLUTION of the City Council of the ° City of Kent, Washington, repealing Resolution No. o 2025, at 11:59 p.m. on May 31, 2023, and enacting a new resolution relating to the bylaws, rules, and procedures for the Kent City Council, its CD LO council meetings, and its council committee and workshop meetings, beginning at 12:00 a.m. on June 1, 2023. 0 N N L RECITALS 0 L A. By Resolution No. 660, adopted on January 19, 1970, the Kent City Council first adopted for itself orders of procedure that would govern its city council meetings. From time to time, these procedures are reviewed and amended, with the last update being adopted by the Kent City Council through Resolution No. 2025, adopted on April 20, 2021m m c B. The Kent City Council desires to streamline its procedures and U M make its operations more efficient by returning again to a committee of the whole structure. This change requires an amendment to Council's T 0 current bylaws, rules, and procedures through this resolution. w 0 r 0 0 a� c a� E c� 1 Resolution Adopting Council Bylaws, a Rules, & Procedures Eff. 611123 Packet Pg. 325 8.I.a r 0_ 0 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, a WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION 3 O SECTION i. - Resolution No. 2025. At 11:59 p.m. on May 31, 2023, Resolution No. 2025 and the bylaws, rules, and procedures adopted through c it concerning the Kent City Council and all city council, committee, and a� workshop meetings, shall be repealed in its entirety. E a 0 SECTION 2. - New Bylaws, Rules, and Procedures Adopted. The 0 Kent City Council hereby adopts the bylaws, rules, and procedures attached and incorporated as Exhibit A, which shall govern the Kent City Council and Q LO all city council, committee of the whole, and workshop meetings beginning at 12:00 a.m. on June 1, 2023. 0 N SECTION 3. - Savings. If any section, subsection, paragraph, 3 sentence, clause or phrase of this resolution is declared unconstitutional 0 or invalid for any reason, such decision shall not affect the validity of the a remaining portions of this resolution. a a� 0 SECTION 4. - Ratification. Any act consistent with the authority and N prior to the effective date of this resolution is hereby ratified and affirmed. m SECTION 5. - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are U M authorized to make necessary corrections to this resolution, including the S correction of clerical errors; references to other local, state or federal laws, T 0 codes, rules, or regulations; or resolution numbering and w section/subsection numbering. o 0 0 SECTION 6. - Effective Date. This resolution shall become effective immediately upon its passage. However, the bylaws, rules, and procedures c a� adopted through this resolution shall not be implemented until 12:00 a.m. 2 Resolution Adopting Council Bylaws, a Rules, & Procedures Eff. 611123 Packet Pg. 326 8.I.a r on June 1, 2023. Until that date and time, the bylaws, rules, and c procedures adopted through Resolution No. 2025 shall continue to apply. Q Cn May 16, 2023 DANA RALPH, MAYOR Date Approved a� r c c a� ATTEST: E a 0 May 16, 2023 0 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted 0 W LO M APPROVED AS TO FORM: L L TAM MY WHITE, CITY ATTORNEY 0 L NN� I.b N R m .0 C 3 O U c t T R w W C O r 7 O N O r C O E t v R 3 Resolution Adopting Council Bylaws, a Rules, & Procedures Eff, 611123 Packet Pg. 327 8.I.a r a O a EXHIBIT A u 3 O U a� t c :a c m Q c O 7 O N d O w LA M r L N N L d V O L a m 3 N 3 c� m c O U Cn c t T) R .r LU c O r 3 O N a� c a� E t v c� Q Packet Pg. 328 8.I.a r KENT CITY COUNCIL BYLAWS, RULES AND PROCEDURES o a Article I — Purpose Section 1.1. Purpose — Suspension of Rules. The following bylaws, rules, and U 3 procedures ('rules") are hereby adopted and shall govern the Kent City Council L) a� and its City Council and Council Committee meetings, unless the City Council suspends those rules. Failure to fully conform to these rules will not render any c action by the City Council or any of its committees invalid nor shall these rules be deemed to provide any citizen any rights that he or she does not already have by o operation of law. 0 m Article II — Council President — Mayor Pro Tempore o W LO M Section 2.1. Election - Term. The City Council shall elect from its members a Council President during the month of January in the even numbered years or as o soon thereafter as possible. The Council President shall serve a two-year term. In i the event the term of the Council President becomes vacant prior to the scheduled end of the term, a new Council President shall be selected by the Council who a L shall serve the remaining term of the vacated position. a� Section 2.2. Mayor Pro Tempore. The Council President shall serve as mayor pro tempore and shall preside at all meetings of the City Council when the Mayor 3 is not present. Although presiding as mayor pro tempore, the Council President m shall retain all powers and rights inherent to a councilmember and to the council president, including, without limitation, voting powers. The mayor pro tempore ° U shall act as Mayor and assume the authority and perform the Mayor's duties 0 whenever there is a vacancy in the Office of the Mayor or the Mayor is unable for T any reason to discharge their duties. The assumed duties shall include, but not w be limited to, acting as signatory to documents requiring execution by the Mayor, c issuing proclamations and declarations, and extending official recognition of c groups and events. W c a� E a 1 City Council Rules Packet Pg. 329 8.I.a r a 0 Section 2.3. President Pro Tempore. The Council President may appoint a a president pro tempore to discharge the duties of the Council President when the Council President is unable to discharge his or her duties. If the president pro tempore has not been appointed or is otherwise absent or unavailable the longest p pp � 0 serving councilmember, either by consecutive or non-consecutive terms, shall be L) a� deemed the acting president pro tempore. If two or more councilmembers qualify c to be president pro tempore, then the City Clerk or their designee shall select, by a� lottery and in the presence of two witnesses, one name from the names of the E group of eligible councilmembers, and the councilmember whose name is selected o shall fill the vacant president pro tempore position. 0 a� Section 2.4. Duties and Reseonsibilities. The Council President shall perform 0 W the following duties and responsibilities: M 1. Administer the council budget, including oversight and approval of expenditures; N N L 2. Set the City Council's agenda in accordance with these rules, in coordination with the Chief Administrative Officer and City Clerk's o Office; a c 3. Refer proposed ordinances and resolutions to council committee; f° a� 4. Call for a workshop or a meeting of the City Council as needed, or W request a special or emergency meeting; 3 5. In cooperation with the Mayor, ensure adequate City Council m facilities, equipment, and support, with Council consent; 6. Direct correspondence on behalf of the City Council as appropriate, U with consent of Council; 7. Act as liaison between the City Council and the Mayor's Office on T policy issue consideration, including elements of timing; y w 8. Appoint the membership of ad hoc committees or boards and the ad 0 hoc committee or board chairs; 0 9. Substitute for an absent councilmember or designate another c a� E a 2 City Council Rules Packet Pg. 330 8.I.a r councilmember to substitute on any of the Council's committees or 0 boards; Q 10. Coordinate and schedule annual retreats or other meetings for a review and update of Council visions and goals for the City or to address other City Council matters; U 0 11. Gather information on regional issues and attend regional meetings, as appropriate and applicable, to represent the Council's views, or in the alternative, designate other councilmembers to represent the City and the Council on specific regional issues or meetings; a� 12. Serve as a council focal point for the City Council, Mayor, and City a staff; and o 13. Discern councilmembers' areas of interest and/or expertise. a� 0 Article III — COUNCIL MEETINGS W LO r Section 3.1. Regular Meetings. The City Council's regular meetings will occur 0 at the time, date, and place established in Chapter 2.01 of the Kent City Code. a� L Section 3.2. Special and Emergency Meetings. Special meetings of the Kent 0 City Council shall be held as provided by law. If, by reason of fire, flood, a earthquake, or other emergency there is a need for expedited action of the City Council to meet the needs imposed by the emergency, the Mayor or Council President may provide for a meeting site other than the regular meeting site and 3 the meeting notice requirements established by law or in this resolution may be m suspended. — c Section 3.3. Meeting Cancellation. Any meeting of the City Council may be U 0 cancelled by the Council President and in accordance with notice requirements. T Section 3.4. Presiding Officer at Meetings. The Mayor shall be the presiding y w officer for all council meetings of the Kent City Council. If the Mayor is not present, c the Council President shall be the presiding officer. In the absence of the Mayor 0 and Council President, the president pro tempore shall be the presiding officer. c a� E a 3 City Council Rules Packet Pg. 331 8.I.a r a 0 Section 3.5. Forfeiture of Office. Pursuant to RCW 35A.12.060, a Q councilmember's position shall become vacant if he or she fails to attend three consecutive regular meetings of the Council without being excused by the council. U Section 3.6. Quorum. At all meetings of the Kent City Council, a majority of the 0 U full City Council membership, or not less than four councilmembers, shall constitute a quorum for the transaction of business. c a� Section 3.7. Remote Attendance of Councilmembers — Remote Meetings. E a Subject to the below requirements, a councilmember may attend a City Council o meeting remotely. A councilmember's remote attendance is permitted for the o benefit of conducting City of Kent business and not for the personal benefit of a councilmember. CD LO M r 1. Remote Attendance at Regular and Special Meetings. 0 N A. Councilmembers may attend remotely a maximum of three 3 City Council meetings per calendar year; provided, the Council may by majority o 0 vote allow a councilmember to attend additional meetings remotely in excess of a three per year due to medical or other factors beyond the control of the councilmember. a� N 3 B. Councilmembers who wish to attend a meeting remotely shall m notify the Council President and the City Clerk at least three business days in c advance of their intent to attend remotely. 0 U c C. A councilmember's remote attendance shall be verbally noted N on the record during the City Council meeting and in the official minutes of the y w City Council meeting. c 0 0 a� c a� E c� a 4 City Council Rules Packet Pg. 332 8.I.a r a 0 D. No more than two councilmembers may remotely attend the Q same City Council meeting; provided a councilmember not attending due to 0 medical issues will not count as one of the two councilmembers described in this U section. This limitation, however, may be waived by a majority vote of the City o Council. The availability of attending a particular City Council meeting remotely shall be on a first-come first-served basis. a� c c a� E. A councilmember attending remotely shall have all of the a official City Council materials available during the meeting, shall be able to view 0 the City Council meeting by video in real time, and shall be able to communicate 0 a� with the public and other councilmembers during the meeting as if physically in W attendance at the meeting. A councilmember who only observes the meeting LO remotely without complying with the above requirements will not be deemed in attendance. 0 N N L F. It shall be the responsibility of the remotely-attending councilmember to ensure compliance with this section. If during the meeting, the 0 requirements of this section are not met or are terminated due to technical reasons, or the councilmember fails to attend the meeting remotely, the councilmember will be deemed to have not attended the meeting. W N 3 c� 2. Remote Meetings and Attendance Durina Declared Emeraencies. In 00 the event of an emergency as declared by the President of the United States, the ; 0 Governor of Washington, the Mayor, or another authorized official, and a U determination that an in-person meeting cannot be held with reasonable safety T due to the emergency, the City Council may hold a remote meeting without a physical location, or may limit the physical attendance of some or all members of w r_ the public at a meeting. A meeting held in accordance with this subsection shall 2 comply with the Open Public Meetings Act as now enacted or hereafter amended, a� and as lawfully suspended or altered in accordance with a declared emergency. c a� E a 5 City Council Rules Packet Pg. 333 8.I.a r a 0 Section 3.8. Majority Vote. Action by the City Council requires the affirmative Q vote of a majority of members attending a meeting, except where otherwise 3 required by law. c Section 3.9. Executive Sessions. The City Council may hold executive sessions 0 during a regular or special meeting to consider matters as permitted pursuant to r applicable law. No official action shall be taken during an executive session. No = member of the City Council, an employee of the City, or any person present during an executive session shall disclose to any other person the content or substance a c 0 of discussion which took place during the executive session, unless a majority of 0 the City Council authorizes that disclosure. Executive sessions, to the extent permitted by law, shall be limited to members of the City Council, the Mayor and o W LO staff, and other persons that the City Council invites. r Section 3.10. Agendas. Only matters that have been previously considered by 0 the Committee of the Whole shall be put on the agenda for a City Council meeting, L unless excepted as provided for in Section 3.18. Unless altered by the Council President or by a majority of the councilmembers present, the order of business 0 of all regular meetings of the City Council shall be as follows: a� 1. Call to Order/Flag Salute 2. Roll Call 3. Agenda Approval 4. Public Communications m 5. Reports from Council and Staff — 6. Public Hearings 7. Public Comments 0 U 8. Consent Calendar 9. Other Business 10. Bids T 11. Executive Session and Action After Executive Session 12. Adjournment w 0 Section 3.11. Public Comments. No person shall address the City Council 0 without the permission of the presiding officer. Except as otherwise permitted by r c a� E a 6 City Council Rules Packet Pg. 334 8.I.a r the presiding officer, the "public hearing" and "public comment" agenda items are 0 reserved for members of the public to make a statement. When addressing the Q City Council, each person shall proceed to the speaker's podium unless otherwise directed by the presiding officer, and state their name and city of residence for the record; provided, the presiding officer may waive the requirement that the 0 U person's city of residence be provided in individual cases. If comment is offered under the public comment period, the speaker will also state the subject of their comment. Remarks will be limited to the time allocated by the presiding officer E for each speaker. All remarks shall be pertinent to the stated subject matter and a c shall be addressed to the presiding officer and the City Council as a whole and not ° to any member of the City Council individually. The public comment period is intended to allow persons to speak on issues of concern to that person that relate 0 to the business of the City of Kent, but it is not an open public forum, and is M subject to restrictions imposed in this resolution, by law, or by the Kent City Council. Generally, questions asked of a councilmember or city staff member will o N be answered outside of the meeting unless permission to answer the question is provided by the presiding officer. 0 L The City Council may accept written comments or testimony in lieu of addressing the City Council in-person during a public hearing or public comment. Written 3 comments or testimony will be distributed to each councilmember and admitted N into the record, but will not be read aloud at the meeting. In order to be admitted into the record, written comments or testimony shall be submitted not less than m three hours prior to the start of the meeting for which they are intended, unless 0 a person appears in person, in which case, they may be handed to the City Clerk U and will be admitted into the record at the City Council meeting. T Upon the request of an individual who, by reason of disability, limited mobility, or y w other reason that makes physical attendance at the meeting difficult, the council c will permit a person to provide oral comment or testimony remotely during a c public hearing or public comment at a regular council meeting. The remote c a� E a 7 City Council Rules Packet Pg. 335 8.I.a r attendance may be by phone, internet, or other means as determined by the city o clerk. Q a� Section 3.12. Public Demeanor. No one shall use any impertinent, degrading W or slanderous language directed to the presiding officer, councilmembers, mayor, staff or other member of the public, and no one shall otherwise engage in L) a� disruptive behavior. Disruptive behavior includes, for example, addressing matters restricted from public comment, repeated shouting and angry outbursts, c cursing, or direct or implied threats of violence. After receiving verbal notice from E a the presiding officer to cease engaging in the above described behaviors, and in o the event the person does not stop, the presiding officer may order the person o removed from the meeting. Pursuant to RCW 42.30.050, in the event a meeting is interrupted by a group of persons so as to render the orderly conduct of the LO meeting unfeasible, and order cannot be restored by the removal of the individuals who are interrupting the meeting, the council may, by majority vote, order the 0 meeting room cleared and continue in session or may adjourn the meeting and a� L reconvene at another location selected by majority vote of the council. If the a� meeting room is cleared, final disposition may be taken only on matters appearing o a on the agenda. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. N 3 Section 3.13. Added Agenda Items. At a regular meeting, a member of the m City Council or the Mayor may ask that a matter be considered by the City Council, c even if it is not identified on the formal agenda, by raising the issue when agenda c U approval is being considered. That matter shall then be considered with the approval of the City Council. No matter may be added to the agenda of a special meeting after notice of the special meeting is issued or timely amended in advance y of the meeting. r- r0 Section 3.14. Mayor Participation. The Mayor may address the City Council on N a� any matter or participate in the debate of any question, provided the Mayor shall c a� E a 8 City Council Rules Packet Pg. 336 8.I.a r first call upon the Council President or any other councilmember designated by o the Council President to take the Chair during the Mayor's participation. Q a� Section 3.15. Councilmember Conduct. While the City Council is in session, whether at a City Council or Council Committee meeting, all its members must preserve order, decency, and decorum at all times and no member shall, by L) a� conversation or otherwise, delay or interrupt the proceedings or the peace of the meeting, nor disturb any member while speaking, or refuse to obey the order of c the presiding officer. The members of the City Council may, by a vote of a majority E a plus one of the membership of the City Council in attendance at the meeting, o reprimand a councilmember for disorderly conduct. o a� Section 3.16. Voting. Discussion by councilmembers shall relate to the subject o W LO matter at hand and shall be relevant and pertinent. Every councilmember, unless disqualified by reason of a conflict of interest or as otherwise provided by law or L excused by the City Council, shall cast his or her vote upon any matter put to vote N by the legislative body. Any councilmember who abstains from voting shall be deemed to have not voted on that item. At the request of the presiding officer or o L of any councilmember, any question shall be noted upon by a roll call and the a individual voting results shall be recorded by the City Clerk in the minutes. a� Section 3.17. Summoned to Meetings. Every City official or employee who N shall fail to report to the City Council at times and in a manner requested by the Council, shall be summoned in accordance with the direction of the City Council. 00 c Section 3.18. Ordinances, Resolutions, and Contracts — Presentation. No U of ordinance, resolution, contract document, or other matter shall be presented to T the City Council unless approved by the Council President, ordered by a majority of the Council, referred by a Council Committee, requested by the Mayor, or w submitted by the City Attorney. Whenever practical, ordinances, resolutions, contract documents, and other matters shall first be approved as to form by the N a� City Attorney and shall be examined and approved by the department head or c a� E a 9 City Council Rules Packet Pg. 337 8.I.a r their designees having jurisdiction over the subject matter of the ordinance, o resolution, contract document, or other matter, prior to the matter being Q presented to the City Council and included within the City Council agenda packet. a Matters approved by the City Council at a regular or special meeting of the City Council shall be deemed ratified notwithstanding a failure to comply with this o U section. c Section 3.19. Parliamentary Rules. The City Attorney shall act as a� parliamentarian and advise the presiding officer on inquiries concerning E a parliamentary procedure. The presiding officer shall rule on issues of o parliamentary procedure, unless overruled by a majority of the councilmembers o present. Robert's Rules of Order shall govern the deliberations of the City Council except when in conflict with any provision of these rules. A City Council vote or W M other action taken which is not in compliance with Robert's Rules of Order or these rules, and to which no objection is taken, shall be deemed action taken following o a suspension of the parliamentary rules and these rules even if no formal action L is first taken to suspend the rules. 0 L Section 3.20. Suspending the Rules. When the suspension of the rules is c requested, and no objection is offered, the presiding officer shall announce that N a� the rules are suspended, and the City Council may proceed accordingly. When there is an objection to suspending the rules, a vote of majority plus one of the 3 councilmembers present shall be required to suspend the rules. m c Section 3.21. Supporting or Opposing a Ballot Measure or Person for c U Election to Public Office. Except as permitted by law, City Council meetings shall not be used for the purpose of supporting or opposing a ballot measure or T supporting or opposing the election of any person to public office. y w c 0 r 0 0 a� c a� E c� a 10 City Council Rules Packet Pg. 338 8.I.a r a 0 ARTICLE IV — COUNCIL COMMITTEE OF THE WHOLE a AND COUNCIL WORKSHOP as Section 4.1. Committee of the Whole. There shall be a standing committee of U 3 the City Council, referred to as the "Committee of the Whole", which shall consist L) a� of the full membership of the City Council. The Mayor shall be permitted to attend and participate in meeting discussions of the Committee of the Whole, but shall c have no right to vote. The Committee of the Whole shall consider matters prior to those matters being considered at a regular or special City Council meeting. c 0 However, a matter may be placed directly on the agenda of a regular or special 0 City Council meeting without first being considered by the Committee of the Whole under one of the exceptions provided for in Section 3.18. Q LO M 1. Organization. The Committee of the Whole shall be a committee of the full City Council. The business brought before the Committee will be organized o N according to the following subject matters, with each matter's business being chaired by a different councilmember appointed by the Council President: 0 L a. Operations: Operations matters are those that involve the general fiscal and financial conditions and operations of a city-wide nature, and 0 matters concerning personnel, communications, technology, equity, and other N related matters. 3 m b. Economic and Community Development: Economic and Community Development matters are those that involve land use and planning, U economic development, development and permitting regulations, growth 0 management, and other related matters. 0 C. Parks and Human Services: Parks and Human Services r_ 0 matters are those that involve parks and recreation, City facilities, human 0 services, and other related matters. c a� E a 11 City Council Rules Packet Pg. 339 8.I.a r a 0 d. Public Safety: Public Safety matters are those that involve Q policing, corrections, the municipal court, criminal prosecution, and other related matters. W U 0 e. Public Works: Public Works matters are those that involve o U a� planning, design, construction, improvement, extension, maintenance and operation of transportation and street systems, transit, water systems, sewer c systems, storm water systems, solid waste and other utilities, as well as franchises and other related matters. 0 2. Meeting Date and Time. The regular meetings of the Committee of the Whole shall be held at 4:00 p.m. on the first and third Tuesday of each month. 0 Meetings shall be held in Council Chambers at Kent City Hall, or at some other M location as designated by the Council President. L 3. AAc7enda. The Council President, in consultation with the Chief L Administrative Officer, shall refer matters to and set the agenda of the Committee of the Whole, which shall be organized according to the subject matters identified o a in Section 4.1.1. above. Two or more councilmembers may also join and refer a matter to the Committee of the Whole. Matters considered by the Committee of 3 the Whole and which require action of the full City Council shall be placed on the N consent calendar at a regular or special City Council meeting, unless otherwise directed by a majority of the members of the Committee of the Whole in m attendance at the meeting. 0 U a. First Tuesday of Each Month. At its meeting that occurs on the first Tuesday of each month, the Committee of the Whole shall consider matters T 0 that pertain to the following subject matters: (1) Operations; (2) Public Safety; w and (3) Parks and Human Services. The agenda for this meeting shall be organized o in accordance with these three subject matters. In the event a matter is time 0 sensitive, but pertains to another subject matter that would normally be presented c a� E a 12 City Council Rules Packet Pg. 340 8.I.a r to the Committee of the Whole on the third Tuesday of each month, the matter 0 may be added to the Operations section of this meeting agenda. Q a� b. Third Tuesday of Each Month. At its meeting that occurs on U the third Tuesday of each month, the Committee of the Whole shall consider ; 0 matters that pertain to the following subject matters: (1) Operations; (2) a� Economic and Community Development; and (3) Public Works. The agenda for c this meeting shall be organized in accordance with these three subject matters. a� In the event a matter is time sensitive, but pertains to another subject matter E a that would normally be presented to the Committee of the Whole on the first `o Tuesday of each month, the matter may be added to the Operations section of 0 this meeting agenda. 0 W C. Added Agenda Items. At a regular meeting, the Council LO President or the Chief Administrative Officer may ask that a matter be considered L by the Committee of the Whole, even if it is not identified on the formal agenda. N N That matter shall then be considered with the approval of the Committee. No a� matter may be added to the agenda of a special meeting after notice of the special o L meeting is issued or timely amended in advance of the meeting. c 0 4. Committee of the Whole Chair. The primary Committee of the Whole Chair shall be the Council President. The Council President shall call the meeting 3 to order; confirm the agenda; resolve procedural questions, conflicts, or disputes; m and recess or adjourn the meeting. — c 0 5. Subject Matter Chairs. Each subject matter set forth in Section 4.1 U a� c shall have a Subject Matter Chair who shall be appointed by the Council President; T provided, the Chair of the Operations subject matter shall be the Council President. The Subject Matter Chairs shall be referred to as: the Chair of w r- Operations, the Chair of Economic and Community Development, the Chair of 0 Parks and Human Services, the Chair of Economic and Community Development, and the Chair of Public Works. c a� E a 13 City Council Rules Packet Pg. 341 8.I.a r a 0 a. Appointments to Subject Matter Chair Positions. At the time Q this resolution was considered for passage, the City Council had four separate Council Committees with different councilmembers serving as Chair for each of W those Committees. Upon passage of this resolution, each of those Chairs shall 0 serve as the Subject Matter Chair for the equivalent subject matter that relates U a� to those prior separate Council Committees. For example, the councilmember c serving as the Chair of the Economic and Community Development Committee a� shall become the Subject Matter Chair for Economic and Community Development E a matters. Since the former Operations and Public Safety Committee combined o subject matters, within seven days of Council's passage of this resolution, the o Council President shall appoint a councilmember to serve as the Subject Matter W Chair for Public Safety matters. Thereafter, within four weeks of appointment or W M reappointment of the Council President, the Council President shall appoint r councilmembers to each Subject Matter Chair position to serve approximately 0 two-year terms. The Council President shall have the right to remove Subject L Matter Chairs and to reappoint new councilmembers to fill those roles. The Council President may appoint a new councilmember who is appointed or elected to fill a 0 vacant council position to a Subject Matter Chair position. a� b. Workshop Meeting Chair Rotates in Accordance with Subject of Workshop. For each Workshop meeting, the Council President shall call the meeting to order, administer and direct the general business of the Workshop m meeting, and its recess or adjournment. The Council President shall also chair the portion of the Workshop meeting dedicated to the Operations subject matter. c0 However, the Chair of the Workshop meeting shall rotate during the meeting in accordance with the subject matters being addressed during the Workshop. T 0 w Section 4.2. Council Workshop. Workshop meetings constitute regular r_ 0 meetings of a committee of the City Council, the membership of which shall 0 consist of the full membership of the City Council. The Council President shall r c a� E a 14 City Council Rules Packet Pg. 342 8.I.a r serve as the Chair and presiding officer of Council Workshop meetings. The Mayor 0 shall be permitted to attend and participate in Workshop meetings. Workshops Q are held to consider pending local and regional issues, and receive information from staff and regional partners on issues that impact the City. The Council c President, in consultation with the Chief Administrative Officer, shall refer matters 0 U to and set the agenda of the Workshops; provided, the Council or two or more r councilmembers shall be permitted to refer a matter to a Workshop meeting. The City Council will hold Workshops at 5: 15 p.m. on each regular City Council and E Committee of the Whole meeting day, except when a regular or special City a c Council meeting occurs at or before 5:30 pm. 3 0 Section 4.3. Quorum. At all Committee of the Whole and Council Workshop meetings, a majority of the full City Council, or not less than four councilmembers, W M shall constitute a quorum for the transaction of business. r L Section 4.4. Executive Session. Executive sessions may be held at Committee a� of the Whole and Workshop meetings in accordance with RCW 42.30.110. a� 0 Section 4.5. Special Meetings. A Special meetings of the Committee of the a Whole, or a special Workshop meeting, may be called by the Council President in accordance with Chapter 42.30 RCW. In addition, a meeting of the Committee of the Whole or a Council Workshop meeting may be converted to a special meeting 3 of the full City Council at which final action may be taken subject to the special m meeting requirements of Chapter 42.30 RCW. — c 0 Section 4.6. Remote Attendance of Councilmembers — Remote Meetings. a� c Subject to the below requirements, a councilmember may attend a Committee of T the Whole or Workshop meeting remotely. A councilmember's remote attendance w is permitted for the benefit of conducting City of Kent business and not for the w r- personal benefit of the councilmember. 0 a� r c a� E R Q 15 City Council Rules Packet Pg. 343 8.I.a r a 0 1. Remote Attendance at Regular and Special Meetings. Q a A. Councilmembers may attend remotely a maximum of three W Committee of the Whole and three Workshop meetings per calendar year; provided, the Council may by majority vote allow a committee member to attend U a� additional meetings remotely in excess of three per year due to medical or other r factors beyond the control of the councilmember. a� E a B. Councilmembers who wish to attend a Committee of the Whole o or Workshop meeting remotely shall notify the Council President and the City Clerk 0 at least three business days in advance of their intent to attend remotely. 0 W LO C. A councilmember's remote attendance shall be verbally noted on the record during the Committee of the Whole or Workshop meeting and in the 0 official minutes of the meeting. a� L d D. No more than two councilmembers may remotely attend the o L same Committee of the Whole or Workshop meeting; provided a councilmember c not attending a Committee of the Whole or Workshop meeting due to medical N a� issues will not count as one of the two councilmembers described in this section. This limitation, however, may be waived by a majority vote of the Committee of the Whole. The availability of attending a particular Committee of the Whole or m Workshop meeting remotely shall be on a first-come first-served basis. 0 U E. In the event the Council President will attend a Committee of the Whole or Workshop meeting remotely, the Council President shall designate a T 0 councilmember who will attend the meeting in-person to serve as the Chair for w that meeting. c r 0 0 a� r c a� E R Q 16 City Council Rules Packet Pg. 344 8.I.a r a 0 F. A councilmember attending remotely shall have all of the Q official Committee of the Whole or Workshop materials available during the 3 meeting, shall be able to view the meeting by video in real time, shall be able to be viewed by others during the meeting in real time, and shall be able to 0 communicate with the public and other councilmembers during the meeting as if r physically in attendance at the meeting. A councilmember who only observes the meeting remotely without complying with the above requirements will not be a� deemed in attendance. a 0 G. It shall be the responsibility of the remotely-attending o a� councilmember to ensure compliance with this section. If during the meeting, the requirements of this section are not met or are terminated due to technical W M reasons, or the councilmember fails to attend the meeting remotely, the r councilmember will be deemed to have not attended the meeting. o a� L 2. Remote Meetings and Attendance During Declared Emergencies. In the event of an emergency as declared by the President of the United States, the 0 Governor of Washington, the Mayor, or another authorized official, and a c determination that an in-person meeting cannot be held with reasonable safety due to the emergency, a Committee of the Whole or Workshop meeting may be N held remotely without a physical location, or the physical attendance of some or all members of the public at a meeting may be limited. A meeting held in 00 accordance with this subsection shall comply with the Open Public Meetings Act 0 as now enacted or hereafter amended, and as lawfully suspended or altered in a� accordance with a declared emergency. N 0 Section 4.7. Written Public Comment. Written public comment may be w submitted to the City Council at a Committee of the Whole or Workshop meeting, ro which will be distributed to each councilmember and admitted into the record, but c will not be read aloud at the meeting. In order to be admitted into the record, r c a� E a 17 City Council Rules Packet Pg. 345 8.I.a r written comments shall be submitted not less than three hours prior to the start o of the Committee of the Whole or Workshop meeting, unless a person appears in- Q person, in which case, the written comments may be handed to the City Clerk and 3 will be admitted into the record of the Committee of the Whole or Workshop c meeting. o U a� t Section 4.8. Other Rules Applicable. Sections 3.12, Public Demeanor; 3.15, c Councilmember Conduct; 3.19, Parliamentary Rules; 3.20, Suspending the Rules; a� and 3.21, Supporting or Opposing Ballot Measure or Person for Election to Public E a Office, shall apply to Committee of the Whole and Workshop meetings except o when in conflict with the rules otherwise set out in this Article IV. o a� -END- W LO M r R L L 3 d V O L N� N R m .0 C 3 O U c t T R w W C O r 7 O N O r C O E t v R Q 18 City Council Rules Packet Pg. 346