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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 01/21/2003 City of Kent City Council Meeting Agenda January 21 , 2003 Mayor Jim White Councilmembers Judy Woods, Council President Tim Clark Julie Peterson Connie Epperly Bruce White Leona Orr Rico Yingling IIIZKENT WASXINGTON City Clerk's Office SUMMARY AGENDA KENT CITY COUNCIL MEETING KEN T January 21, 2003 W A 3 H 1 N G T O N Council Chambers 7:00 p.m. MAYOR Jim White COUNCILMEMBERS: Judy Woods, President Tim Clark Connie Epperly Leona Orr Julie Peterson Bruce White Rico Yingling ��r�r**r**+�*•r**r+*a:**�«*:*�*�sr++:rrsrs******s4r**�**r**use*+x•r�t�r*sr♦s*s•s*� 1 CALL TO ORDER/FLAG SALUTE 2 ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC 4. PUBLIC COMMUNICATIONS A. Second Avenue Extension Road Naming Winners B. e i 5 PUBLIC HEARINGS None 6 CONSENT CALENDAR A Minutes—Approve B Bills—Approve C. Transportation Improvement Board Grant, South 228th Streetl54th Avenue South to SR 516 (Kent-Des Moines Road)—Authorize D. South 277th Street Reconstruction Project Phase III Interlocal Agreement with King County—Authorize E. Surplus and Sale of 1986 Ford Aid Car—Authorize F. Consolidated Food Management Contract Extension—Authorize G Occupational Health Services Contract Extension—Authorize H. King County Arts Commission Grant for King County Performance Network— Accept and Amend Budget I. East Hill Skate "X" Park Consultant Contract—Authorize J. Fee in Lieu of Funds—Accept and Amend Budget K. Service Club Ballfields Donations—Accept and Amend Budget L. Joint Human Services Application and Funding Program—Authorize 7 OTHER BUSINESS None p 8 BIDS None (continued next page) SUMMARY AGENDA CONTINUED 9 REPORTS FROM STANDING COMMITTEES AND STAFF 10 REPORTS FROM SPECIAL COMMITTEES 11. CONTINUED COMMUNICATIONS 12 EXECUTIVE SESSION A. ope egohaions 13. ACTION AFTER EXECUTIVE SESSION 14. ADJOURNMENT NOTE A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library The Agenda Summary page is on the City of Kent web site at www ci kent wa us An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. 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EENOaF-y3 �v cog^+,- cam n 00 V_ �� ow Enron ou o- N � cyc c- 'nAd vCEUu,_c2u d V O 7 m d i m C d al O G V R >U ry q Z uoi'dO n �' t aotwda <V > s E f E gas < AD < mVN3H CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC PUBLIC COMMUNICATIONS A) SECOND AVENUE EXTENSION ROAD NAMING WINNERS B) MAYOR'S STATE OF THE CITY ADDRESS CONSENT CALENDAR 6. City Council Action: �Q Councilmember _moves, Councilmember seconds to approve Consenitalendar Items A through L. Discussion 1 v" Action 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of January 7, 2003. 6B. Approval of Bills. Approval of payment of the bills received through December 16 and paid on December 16, 2002 after auditing by the Operations Committee on January 3, 2003. Approval of checks issued for vouchers- Date Check Numbers Amount 12/16/02 Wire Transfers 1316-1325 $1,180,445.41 12/16/02 Prepays & 542057 764,149.04 12/16/02 Regular 542614 901,640.63 $2,846,235.08 Approval of payment of the bills received through December 31 and paid on December 31, 2002 after auditing by the Operations Committee on January 7, 2003. Approval of checks issued for vouchers: Date Check Numbers Amount 12/31/02 Wire Transfers 1326-1335 $ 898,831.57 • 12/31/02 Prepays & 542615 1,681,683.48 12/31/02 Regular 54322 2,187,864.25 $4,768,379.30 (continued on back) • Approval of checks issued for payroll for December 1 through December 15 and paid on December 20, 2002: Date Check Numbers Amount 12/20/02 Checks 265088-265354 $ 242,723.65 12/20/02 Advices 139380-140073 1,195,276.29 $1,437,999.94 Approval of checks issued for payroll for December 16 through December 31, 2002 and paid on January 3, 2003: Date Check Numbers Amount 1/3/02 Checks 265355-265655 $ 230,374.69 1/3/02 Advices 140074-140806 1,130,978.95 $1,361,353.64 • Council Agenda Item No. 6 A-B • KEN T Kent, Washington WwsMiNoroN g January 7, 2003 The regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White. Councilmembers present : Clark, Epperly, Orr, Peterson, White, Woods and Yingling. Others present: Chief Administrative Officer Martin, City Attorney Brubaker, Police Chief Crawford, Fire Chief Schneider, Public Works Director Wickstrom, Parks, Recreation and Community Services Director Hodgson, Community Development Director Satterstrom, Finance Director Miller, and Employee Services Director Viseth. Approximately 50 people were at the meeting. (CFN-198) CHANGES TO THE AGENDA At the Mayor' s request, Consent Calendar Item J was added to the agenda . Martin removed Consent Calendar Item E. Continued Communications Items A, B, C and D were added by members of the audience. (CFN-198) PUBLIC COMMUNICATIONS Employee of the Month. Mayor White announced that Rosalie Givens, Facilities Assistant, has been chosen as the Employee of the Month for January. He noted that Rosalie is the link that connects Facilities with the City departments, and that she keeps the department organized and on course . He added that she participates in many City activities as a volunteer, working many extra hours, and that she maintains an excellent positive attitude. He noted that co-workers count on Rosalie to get things done, and that if she doesn' t know the answer to a question, she knows who does. Parks Director Hodgson added that Rosalie' s smile is contagious, and offered his congratulations . (CFN-147) Introduction of Appointees. Mayor White introduced Pamela Roberts and Reverend Edward Parks, his new appointees . (CFN-198 ) CONSENT CALENDAR WOODS MOVED to approve Consent Calendar Items A through J, with the exception of Item E, which was removed from the agenda. Orr seconded and the motion carried. MINUTES . (CONSENT CALENDAR - ITEM 6A) (CFN-198) Approval of Minutes. Approval of the minutes of the regular Council meeting of December 10, 2002 . 1 Kent City Council Minutes January 7, 2003 PLAT (CONSENT CALENDAR - ITEM 6C) (CFN-1272) McKenna Meadows Final Plat. Approval of the final plat submitted by SWG Construction for McKenna Meadows (FSU-2000-7) . On August 29, 2001, the Hearing Examiner issued his Findings, Conclusions, and Decision on the preliminary 21-lot residential subdivision. PARKS, RECREATION & COMMUNITY SERVICE (CONSENT CALENDAR - ITEM 6D) (CFN-815) 2003 City Art Plan and Five Year Art Plan 2003-2008 . Approval of the 2003 City Art Plan and Five Year City Plan for years 2003-2008 . On December 17, the Parks Committee approved the 2003 City Art Plan and Five Year City Plan, 2003-2008 On November 26, 2002, the Kent Arts Commission approved the 2003 City Art Plan, including projects carried over from previous years and new projects to be completed in 2003 . (BIDS - ITEM 8A) (CFN-1263) City Hall Seismic Upgrades. The bid opening for the City Hall Seismic Upgrade Project was held on December 20, 2002, with six bids received. The lowest bidder was Biwell Construction at $174 , 158 . 00 . The Parks Director recommended awarding the contract to Biwell Construction for $174 , 158 . 00, plus WSST. WOODS MOVED to enter into an agreement with Biwell Construction for the City Hall Seismic Upgrade project in the amount of $174 , 158 . 00, plus Washington State Sales Tax. Yingling second and the motion carried. PUBLIC WORKS (CONSENT CALENDAR - ITEM 6F) (CFN-1258) Ramstead Water and Sanitary Sewer Extension and Seven Oaks Pump Station Sanitary Sewer Connection. Accept the Ramstead Water & Sanitary Sewer Extension and Seven Oaks Pump Station Sanitary Sewer Connection project as com- plete and release retainage to Pivetta Brothers upon standard releases from the state and release of any liens, as recommended by the Public Works Director. The original contract amount was $180, 893 . 60 . The final . contract amount was $125, 742 . 31 . 2 Kent City Council Minutes January 7, 2003 PUBLIC WORKS (CONSENT CALENDAR - ITEM 6G) (CFN-171) S. 196th Street Corridor Landscaping Improvements. Accept the S . 196th Street Corridor Landscaping Improvements project as complete and release retainage to D. L. Asahara Co. , Inc . upon standard releases from the state and release of any liens, as recommended by the Public Works Director. The original contract amount was $70 , 782 . 00 . The final contract amount was $67 , 030 . 08 . (CONSENT CALENDAR - ITEM 6H) (CFN-1273) Pacific Gateway Business Park Division III Agreement. Authorization for the Mayor to sign the "Property Transfer Notification and Plat Vacation Agreement" associated with the Pacific Gateway Business Park Division III short plat, as recommended by the Public Works Committee. APPOINTMENTS (CONSENT CALENDAR - ITEM GI) (CFN-873) Human Services Commission Appointment. Confirmation of the Mayor' s appointment of Reverend Edward H. Park to serve as a member of the Kent Human Services Commission. Rev. Park is a Kent resident and is associated with the Korean Hansarang Church where he has served as minister for seven years. He will fill the Religion Category and will replace John Jendresen, who resigned. His new term will continue until 1/l/05 . (CONSENT CALENDAR - ITEM 6J) (CFN-122) Drinking Driver Task Force Appointment. Confirmation of the Mayor' s appointment of Ms . Pamela R. Roberts to serve as a member of the Kent Driving Driver Task Force. Ms . Roberts has a BA in Public Administration from Seattle University and a MBA from City University. She is employed by the State of Washington as a Work Source Specialist . She is an Ordained Missionary and recently served as a member of the Kent Human Services Commission. She will replace Capt . Eric Robertson. Her new term will continue until 1/1/2006 . FINANCE (CONSENT CALENDAR - ITEM 6B) (CFN-104) Approval of Bills. Approval of payment of the bills received through November 30 and paid on November 30 3 Kent City Council Minutes January 7, 2003 FINANCE after auditing by the Operations Committee on December 3 , 2002 . Approval of checks issued for vouchers : Date Check Numbers Amount 11/30/02 Wire Transfers 1306-1315 $1, 147, 916 . 92 11/30/02 Prepays & 541487 472 , 971.34 11/30/02 Regular 542056 2, 112 , 560 .24 $3 , 733, 448 . 50 Approval of checks issued for payroll for November 16 through November 30 and paid on December 3 , 2002 : Date Check Numbers Amount 12/3/02 Checks 264782-265087 $ 282 , 844 . 37 12/3/02 Advices 138353-139379 1, 487, 076 .29 $1, 769, 920 . 66 REPORTS Public Works. Clark noted that due to a holiday on the third Monday of January, a special meeting will be held on January 27 at 5 : 00 in the Council Chambers . Parks Committee. Woods noted that the next meeting will be on January 14 at 4 : 00 p.m. Administrative Reports. Martin announced that two open houses regarding the siting of the sexual offenders facility will be held as follows : Orillia Road site- January 22 , 7-9 p.m. at Washington State Criminal Justice Training Commission Auditorium, 19010 First Ave. South, Burien, and Peasley Canyon site-January 23 , 7-9 p.m. at the Green River Community College, Lindbloom Center, Cascade Room, 12401 SE 320, Auburn. He encouraged all interested persons to attend. Martin also noted that there are six items for discussion in Executive Session, that action may be taken on one of them, and that the session should take 30-45 minutes. CONTINUED COMMUNICATIONS (CONTINUED COMMUNICATIONS - ITEM 11A) (CFN-198) (ADDED ITEM) Independent Salary Commission. Robert O'Brien, 1131 Seattle Street, outlined the development of the 4 Kent City Council Minutes January 7, 2003 CONTINUED COMMUNICATIONS Independent Salary Commission and commented that the commissioners were known prior to Mayor White ' s trip to China on October 17 . He stated that two of the commissioners do not reside in the City of Kent and are not familiar with the City' s budget problems. He expressed concern that the terms of the ordinance were violated in regard to meeting dates . Martin responded that the language regarding meeting dates was to ensure that the salary commission' s information was included in the budget, but that it was not necessary to meet those dates to get the information. He emphasized that the City took extra steps in terms of public notification and inclusion of the public in the process . Brubaker con- curred. Clark commented that he has known all three commissioners for many years, that two have been active in Chamber of Commerce committees working with the city, and that the other member runs a highly qualified charit- able agency in the area. O'Brien opined that the City should have amended the ordinance (CONTINUED COMMUNICATIONS - ITEM 11B) (CFN-122) (ADDED ITEM) Police Department Conduct. Martin Plys expressed concern about a recent shooting in a restaurant parking lot, and noted that he has been in contact with the Police Chief about at least eight other incidents such as racial pro- filing, high speed chases, and abuse of authority. He urged the Council to review deadly force procedures. (CONTINUED COMMUNICATIONS - ITEM 11C) (CFN-122) (ADDED ITEM) Police Department Conduct. Linda McCartor Ammons, mother of the late Richard L. "Bear" McCartor, said citizens must maintain checks and balances in their community and expressed concern about Kent Police Department opera- tions . She said her son was shot in the back of the head for a minor traffic infraction, and that Police cars cruised the block when she tried to talk to eye witnesses . She said her son was not a threat to the community and was murdered. Richard McCartor said there are questions as to whether his son was dragging anyone. Martin noted that this tragedy is under investigation by the Federal Way Police Department, as is customary. 5 Kent City Council Minutes January 7, 2003 0 CONTINUED COMMUNICATIONS (CONTINUED COMMUNICATIONS - ITEM 11D) (CFN-198) (ADDED ITEM CONTINUED) Independent Salary Commission. Ted Kogita, 25227 Reith Road, displayed a portion of Ordinance No. 3617 regarding the Independent Salary Commission. He expressed concern that two of the commissioners do not pay city taxes, as they do not live in Kent . He urged Council members not to follow the Mayor' s request for a 25% increase in pay. Mayor White pointed out that neither the Mayor nor any Council member made a request for a raise in salary. EXECUTIVE SESSION The meeting recessed to Executive Session at 7 : 36 p.m. and reconvened at 8 . 30 p.m. (CFN-198) ACTION AFTER EXECUTIVE SESSION Labor Negotiations. YINGLING MOVED that the Council authorize the Mayor to sign a three-year Collective Bargaining Agreement effective January 1, 2003 to December 31, 2005 with the Teamsters Local Union 117 Affiliated with the Brotherhood of Teamsters. Woods seconded and the motion carried. (CFN-122) Master Planned Developments. ORR MOVED to adopt Ordinance No. 3633 repealing Ordinance No. 3624 regarding the determination of whether a modification in a master plan is minor or major in order to provide appropriate notice to the Washington Department of Community Development, and to direct staff to bring the ordinance back for enactment after notice has been given. Woods seconded and the motion carried. (CFN-131) Swimming Pool . WOODS MOVED to make a letter from Jonathan Pinkers requesting a swimming pool a part of the record. Orr seconded and the motion carried. (CFN-198) ADJOURNMENT At 8 : 32 p.m. , WOODS MOVED to adjourn. Orr seconded and the motion carried. (CFN-198) Brenda Jacober, CMC City Clerk 6 Kent City Council Meeting Date January 21, 2003 Category Consent Calendar 1. SUBJECT: TRANSPORTATION IMPROVEMENT BOARD GRANT, SOUTH 228TH STREEV54TH AVENUE SOUTH TO SR 516 (KENT/DES MOINES ROAD) —AUTHORIZE 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, authorize the Mayor to sign the TIB grant agreement in the amount of$5,003,250 for the design and construction phases of South 228th Street-54th Avenue S. to SR 516 (Kent Des Moines Road). Direct staff to accept the grant and establish a budget for the funds to be spent within said road improvement project. 3. EXHIBITS: Public Works Director memorandum and agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION. Council Agenda Item No. 6C PUBLIC WORKS DEPARTMENT 400 Don E Wickstrom, P E , Public Works Director Phone 253-856-5500 KENT Fax 253-856-6500 WASHINGTON Address 220 Fourth Avenue S Kent,WA 98032-5895 Date January 6, 2003 To Publorks Committee From Don ickstrom, Public Works Director Regarding T.I.B Grant- #9-P-106(008)-1 South 228th Street—54th Avenue S. to SR 516 (Kent-Des Moines Road) We are in receipt of a T I.B. Grant Agreement in the amount of$5,003,250 for the design and construction phases of South 228th Street— 54th Avenue S to SR 516 (Kent-Des Moines Road) At this time we are requesting authorization for the Mayor to sign the grant agreement, direct staff to accept the grant and establish a budget for the funds to be spent within said road improvement project MOTION Recommend authorization for the Mayor to sign the grant agreement, direct staff to accept the grant and establish a budget for the funds to be spent within said road improvement project. 6Transportation Improvement Board FY 2004 Program Project Funding Status . Agency KENT TIBProleclNumber 9-P-106(008)-1 Protect Name South 228th St 54th Ave S to SR 516 (Kent-Des Moines Rd) Update the project schedule and funding source information Both agency officials must sign the form before returning it to the TIB office Please mad the completed form to the Transportation Improvement Board •> Post Office Box 40901 y Olympia,WA 98504-0901 PROJECT SCHEDULE Update the proitecf schedule targets ormdmate NO CHANGE m the table below Date Shown on Note NO CHANGE or Application New Target MonthfYeer Construction Phase Approval Contract Bid Award Feb 2004 Contract Completion Dec 2006 PROJECT FUNDING PARTNERS Update the fundng partners and corresponding amounts oreidaxle NO CHANGE in the space provided Funding Partners Amount Note FUNDS COMMITTED or Changes for Each Partner KENT 3,871,750 WSDOT 0 Federal Funds 0 Local Improvement District 14,950,000 TOTAL LOCAL FUNDS $18,821,750 By signing below, you certify that all funds shown in the Project Funding Partners table are committed for the project. Mayor or Public Works Director Signature a Date Printed or Typed Name Title Financial Officer Signature &Date Printed or Typed Name Title Till Funding Status Report doc Kent City Council Meeting Date January 21, 2003 Category Consent Calendar 1. SUBJECT: SOUTH 277TH STREET RECONSTRUCTION PROJECT PHASE III INTERLOCAL AGREEMENT WITH KING COUNTY— AUTHORIZE 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, authorize the Mayor to sign an Interlocal Agreement for the South 277th Street Reconstruction Project Phase III, subject to the City Attorney's and Public Works Director's concurrence of the language therein and to establish a budget for the same. 3. EXHIBITS: Public Works Director memorandum and agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6D PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P E., Public Works Director Phone.253-856-5500 KENT Fax 253-856-6500 WAS NIN GTON Address 220 Fourth Avenue S Kent,WA 98032-5895 Date: January 6,2003 To: Pub is rks Committee From Don is Strom,Public Works Director Regarding: South 277th Street Reconstruction Project Phase III King County Interlocal Agreement The Public Works Department is in receipt of an mterlocal agreement with King County for construction, maintenance and operation responsibilities of South 277th Street Phase III,W. Valley Highway to 72nd Avenue South. The County will be widening South 277th Street to four travel lanes (2 in each direction)with additional turning lanes. The north leg of the West Valley Highway at 277th intersection is within the Kent city limits. The agreement will give King County authority to condemn for nght-of-way on this project within Kent's city limits We are requesting authorization for the Mayor to sign the Interlocal Agreement with King County MOTION: Recommend authorization for the Mayor to sign the Interlocal Agreement for the South 277th Street Reconstruction Project Phase III, upon concurrence of the language therein by the City Attorney and the Public Works Director. DRAFT 12/12/02 INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF KENT RELATING TO SOUTH 277TH STREET RECONSTRUCTION PROJECT PHASE III THIS AGREEMENT is entered into by King County, a political subdivision of the State of Washington(hereinafter sometimes referred to as"the County'l, and the City of Kent, a municipal corporation of the State of Washington(hereinafter sometimes referred to as "the City). RECITALS A. The County plans to construct the South 277`h Street Reconstruction Project — Phase III ("the Project") B. The Project will provide an important link in the regional transportation system. C. South 277u' Street and West Valley Highway encompassed by the Project are partially in unincorporated King County and partially in the City of Kent. The County will need to acquire real property, easements and permits within the City in order to construct the Project. D. It is in the best interests of the parties that the County constructs the Project. E. Construction,maintenance and operation responsibilities of the Project need to be defined. NOW, THEREFORE,the parties hereby agree as follows. 1 DRAFT 12/12/02 AGREEMENT 1. PROJECT DESCRIPTION The Project includes the design and construction of Phase III of the improvements to the South 2770' Street Reconstruction Project. Phase III involves the widening of South 277 h Street from the West Valley Highway intersection to Frontage Road (on the east side of SR 167) from 2 through Ianes to 4 through lanes, extending left turn pockets, adding a second left turn lane on the bridge, construction of associated drainage facilities, elevation of the grade of the existing roadway using compacted fill, widening the existing bridge on SR-167, storm sewer system improvements, construction of pedestrian and bicycle lanes, raising and reconstruction of the West Valley Highway intersection and updating traffic signals. Phase III also includes work on West Valley Highway that involves extending left turn pockets, extending the southbound right turn lane, adding a northbound right turn lane, and raising the roadway above the floodway between S. 277th St. and 550ft north and south of the intersection. The County will construct the Project. The work is more fully described and depicted on Exhibit A, attached hereto and made a part of this agreement. 2. PROPERTY ACQUISITION 2.1 Except as described in Section 2.2, the County will acquire, by negotiated purchase, eminent domain or otherwise, all real property, easements and other rights or interests in property for the Project, whether located within the 2 DRAFT 12/12/02 corporate limits of the City or in unincorporated King County, that are necessary, in the County's judgment, to complete construction of the Project. The City shall use its best efforts to assist and cooperate in the County's acquisition efforts. The City consents to the County's exercise of eminent domain within the corporate limits of the City for purposes of the Project 2.2 M the County so requests, the City shall acquire, by negotiated purchase, eminent domain, or otherwise, all real property, easements and other rights or interests in property for the Project located within the corporate lunits of the City. In the event the County requests the City's assistance for the acquisition of real property for the project, the County agrees to pay all of the City's costs associated with this work, including but not limited to consultant appraisers, negotiators, expert witnesses, and attorneys prior to any work being conducted by the City. 3. PERMITS The County will be responsible for obtaining required permits for the Project. The City will endeavor to expedite any permits required by the County from the City. The City will charge only actual time for permit staff review work, including any consultant time. 4. CONTACT PERSONS 3 DRAFT 12/12/02 The parties will each appoint a contact person to act as liaison for the Project. These contact persons will meet as needed to provide coordination between the parties. Either party may change its contact person on written notice to the other ply. 5. AUTHORITY OF COUNTY ROAD ENGINEER 5.1 The County Road Engineer shall have final authority on decisions related to Project design, contract management, and any other issues related to the Project and shall be the sole contact with the contractor(s) for the Project. All portions of the work and/or improvements that lie within the Kent city limits shall meet Kent City Public Works standards. Construction activities, including traffic detours within the city litmts, shall be subject to review and concurrence by the City Engineer, Transportation Engineering Manager, or City Construction Manager. For those improvements on West Valley Highway that lie within the Kent City limits, the Plans must be approved by the City Engineer prior to the City issuing the County a permit for said work. Further, any field changes in work or improvements during construction, that lie within the city limits, must be approved by the City. Finally the City at its own discretion will from time to time have its own staff inspect the construction activities associated with those improvements the City will eventually be responsible for to assure the work being done thereon is being carried out 4 DRAFT 12/12/02 in accordance to City requirements.. Should the City find discrepancies or concerns with work being performed the City shall advise the County Road Engineer thereof whom with take the necessary corrective action. All costs the City incurs for same shall be reimbursed within 30 days by the County. 5.2 _ In perfomung the functions related to the Project within the City, the County Road Engineer may exercise all the powers and perform all the duties vested by law or ordinance in the City Engineer, City officer, or City department charged with street administration, except that changes from the City approved plans for those improvement to West Valley Highway that lie within Kent must be concurred by the City Engineer. 5.3 Final acceptance of the Project following construction shall be by the County Road Engineer. The City Engineer shall inspect and accept work within the City. The County Road Engineer shall not accept work within the City without written approval from the City Engineer. 6. MAINTENANCE OF FACILITIES 6.1 Traffic Signal System. 5 DRAFT 12/12/02 King County will retain ownership and shall be responsible for continued operation and maintenance of the traffic signal system at the intersection of West Valley Highway and S.277th Street. 6.2 Roadway and Drainage King County will retain ownership and shall be responsible for continued operation and maintenance of the S. 277th St. roadway and drainage facilities. King County shall convey to the City the roadway and drainage facilities, on West Valley Highway north of the intersection (north cross walk) . The City will then be responsible for continued maintenance and operation of this section of roadway 7. PAYMENT The County, in consideration of the faithful performance of the work to be done by the City, agrees to reimburse the City with in 30 days for actual direct and related indirect costs of the work. This work includes but not limited to plan review, issuance of permits, project inspection, property acquisitions and any other work the County may request. Where the County specifically requests the City to perform certain work prior to commencing said work , the City will provide the County an itemized estimate of 6 DRAFT 12/12/02 the work to be performed by the City. The County shall make payment to the City in advance for said itemized work. The City will track actual costs to perform the requested work and, should it be less then the amount the County deposited with the City, the City shall reimburse the County the difference. Should said actually costs be more then the amount the County deposited with the City,the County shall reimburse the City with 30 days from the date the City sent the notice of payment to the County. Any monies due the City beyond the 30-day period stated in the above, the City can charge the County a late fee thereon. Said late fee shall be calculated on an annualized interest rate of 12%on the amount outstanding. 8. DURATION OF AGREEMENT This Agreement will become effective upon signature by both parties and shall remain in effect until the following conditions have been satisfied: 1. Construction work has been accepted by both the City and the County. 8. SEVERABILITY 7 DRAFT 12/12/02 If any provision of this Agreement shall be held invalid, the remainder of the Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of the parties. 10. INDEMNIFICATION Washington State law shall govem the respective liability between the patties to this Agreement for any loss due to property damage or personal injury ansing out of the activities conducted pursuant to this Agreement. 11. OTHER PROVISIONS 11.1 Entire Agreement. This Agreement contains the entire agreement of the parties concerning the matters contained herein and any representations or understandings, whether oral or written, not incorporated herein are excluded. 11.2 Amendment. This Agreement may be amended only by an instrument in writing, duly executed by both parties. 11.3 Right of Entrv. The City hereby grants to the County right of entry into the corporate limits of the City for the purpose of performing any and all tasks necessary to complete the Project. 8 DRAFT 12/12/02 11.4 Employment Status. Each party shall be deemed an independent contractor for all purposes and the employees of either party or any of its contractors, subcontractors and their employees shall not in any manner be deemed to be employees or agents of the other party. 11.5 No Waiver. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 116 No Third-Party Rights. Nothing contained herein is intended to, nor shall be construed to, create any rights in any person or entity not a signatory to this Agreement, or to form the basis for any liability on the part of the City, the County, or their officials, employees, agents or representatives, to any person or entity not a signatory to this Agreement. 11.7 Headings. The headings of the various sections and subsections of this Agreement are inserted for convenience only and shall not be deemed to expand, limit, or otherwise affect its terms and conditions. 118 Annexation/De-annexation Where or should the county acquire additional road rights of way parallel and abutting 277`h St for the improvement thereof that lie northerly of the existing northerly right of way of said 9 DRAFT 12/12/02 street, the City and the County hereby agree and concur to annex or de- annex said additionally acquired rights of way such that they shall he within the sole jurisdiction of unincorporated King County. By so herein occurring the City council and the King County council are hereby authorizing the City's Mayor and the County's County Executive the authority to do so 10 DRAFT 12/12/02 IN WUNESS WHEREOF, the parties have executed this Agreement effective as of the date last written below. KING COUNTY CITY OF KENT RON SIMS,County Executive Jim White,Mayor Date Date Approved as to form: Approved as to form: Deputy Prosecuting Attomey City Attomey 11 i J, COUNTY KENT CO TY 0 i S. 277th Street l/%///�/, %/���%/- �: ��iii "///�; PHASE n PHASE III s ¢ i m � KING > 3 F E o Z o zaotn Z 0 COUNTY 3 tz ; o 2 . AUBURN a . I _A O u 0 3 Y Not to Scale yN U EXHIBIT A 0 DECEMI M 2M Kent City Council Meeting Date January 21, 2003 Category Consent Calendar 1. SUBJECT: SURPLUS AND SALE OF 1986 FORD AID CAR—AUTHORIZE 2. SUMMARY STATEMENT: Authorize Fire Department to surplus one (1) 1986 Ford Aid Car, Vin #2FDKF3716GCA73136, authorize Fire Administration to advertise the apparatus for sale to the highest bidder, and that funds received from the sale of this vehicle be placed into the Apparatus Replacement Fund. The aid car has exceeded its expected life cycle. It currently has 100,296 miles and has recently incurred significant maintenance. This vehicle has been in reserve status for a number of years, and it is no longer in our best interest to retain it due to its age and maintenance expenses. After mid-December when the new Aid Cars are placed into service, this vehicle will no longer be used as a reserve apparatus. We anticipate the minimum bid price being $2,500. Funds from the sale of this vehicle will be placed in the Apparatus Replacement Fund. • 3. EXHIBITS• None 4 RECOMMENDED BY: Fire Chief and Public Safety Committee (3-0) (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION. ACTION: Council Agenda Item No. 6E Kent City Council Meeting Date January 21, 2003 Category Consent Calendar 1. SUBJECT: CONSOLIDATED FOOD MANAGEMENT CONTRACT EXTENSION—AUTHORIZE 2. SUMMARY STATEMENT: Approval of a waiver from the City Procurement Policy 1.1.4 in regards to CKCF contract renewal with CFM (Waiver: 1.1.10), and authorization to continue Consolidated Food Management (CFM) as the food vendor for the period from 1/l/03 through 12/31/03, without going out to contract bid. There will be no increase in food preparation costs during this renewal period. 3. EXHIBITS: Memo dated 1/7/03 from Chief Crawford • 4. RECOMMENDED BY: Public Safety Committee (1/14/03) (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6F POLICE DEPARTMENT Ed Crawford, Chief of Police Phone 253-856-5888 K E N T Fax 253-856-6802 w.s �a r o� Address 220 Fourth Avenue S Kent,WA 98032-5895 Memorandum DATE January 7, 2003 TO Mayor Jim White FROM: Chief Ed Crawford CC RE: Consolidated Food Management Contract Renewal This memo is to request your authorization to continue with Consolidated Food Management (CFM) as the food vendor for the City of Kent Corrections Facility (CKCF) Under KCC 3.70 080 you are allowed to authorize this addendum without going out to contract bid if it would not be cost effective to look for a new vendor CFM has been a good and responsible company under the current contract. They have experienced staff and they have a good reputation in correctional facility food services. CFM also serves the City of Kent at the Harrison House and the Senior Center Mill Creek Restaurant To go outside for new food services bids would be ineffective considering CFM has been a good and responsive company, has considerable experience and has a good reputation in correctional facility food services Please consider approving this request to continue with CFM ACO&A CERTIFICATE OF LIABILITY 1NSURANCF, CSR RL DATE IMM DDT' NPO-1 09/13l02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Hal!-Conw y-Jackson, Inc. HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P 0. HOr 8010 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Allk M,11 C• sek WA 98082-8010 Phone• 425-368-1200 lax:425-368-1290 INSURERS AFFORDING COVERAGE N, RED INSURER Amarican Economy Insurance Cc services, In loud Management INSURERS A : F TN 2448 !ranknk Lowe INSURER Mare AVG. 9. INSURERD Mercer Island WAA 98040 - -- —_ INSURER E R ^VERAGES ..1E5.F INSURANCE LISTED BELOW HAVE BEEN ISSJW TO THE INSURED NAMEDASOVE FOR THE POLICY PEMOC INOCATEO NOTWITHSTANDING • -QLAEMENTTERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CF,RTIFICATE MAY BE SSUED OR s. �EPTAIN T4E INSJRANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IB SUBJECT TO ALL THE TERMS EACLUSION6 AND CONDITIONS OF S-ZH _ ES AGGREGATE LIM TS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS pro EFFE I`•' _ TYPE Of INSURANCE POLICY NUMBER DATE IMMA)DniYl DATE IMMIDFUR I LIMITS GENERAL LIABILRY EACH OCCURRENCE 31, 000, 000 I A X COMMEIICIA,.OENERAA,LLIIASI.I'Y 02-CD-152517 09/01/02 09/01/03 FIRE DAMAGE(AnYanen�Yl S 200, 000 C.AIMSMADE xI OCCUR MED EXP JAny ere Pelwnl S 5,000 _ PERSONAL 4 ADV Iruunr S 1,000,000 � GENERAL A00REGATE 1210001000 GeN-AGGREGATE LIMITgPPUE6 PERT I PRODUCTS COMPgP AGG f1,GOO, 000 vOLCNI� OR LOG AUTOMOBILE LIASILTIY ' COMBINEDSING,ELIMT 51,000,000 A X ANY AUTO 01-CO-212490 09/01/02 09/10/03 (EA SMIdenp ALL OWNED AUTOS I BODILY INJURY S SCHEDULED AUTOS P RrPe rsenl MIREDAUTOfi S I _ BODILY INJURY NON OWNED AUTOS (PR e<C10enl) PROPERTY DAMAGE S I (Per AcclOenG GARAGE LIABILITY AUTO ONLY.EA ACCIDENT $ ANN AJ-O OTHER TnAN EA ACC S AUTO ONLY AGG_ S I rYCESS JABILI-Y EACH OCCURRENCE S 0C 4 CINIMS MADE AGOREGATE I S a - - - - C31ATU D'IH WORKERS COMPENSATION AND TORY LIMITSI ER A LMPLOrERS _ABILITY 02-CD-152517 09/01/02 1 09/01/03 EL EACH ACCIDENT S 1,000,000 EL DISEASE EA EMPLOYEE, S EL DISEASE POLICYLIMIT S OTHER I DESCRIPTION OF D"E nONS)LOCATON9NEMICLE81EYCLUSIONS ADDED BY ENDORSEMENTMPECIAL PROVISIONS Rent Corrections is an additional insured per CG 20 26 attached CERTIFICATE MOLDER Y I ADDITIONAL INSURED;INSURER LETTER CANCELLATION KENTSRC SHOULD ANY OF THE ABDYE DESCRIBED POLICIES 06 CANCELLED BEFORE THE BRPINATIO,, DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL -1-9—DAYS NOTICE TO THE CERTIFICATE MOLDER NAMED TO THE LER BUT FAILURE TO 00 S Kent Corrections IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON EINSURER,IT9 AGENTS OR 1230 Central AVe South Rent WA 98031 REPRESENTATIVES AUTHORIZED REPRESENTAm Hall-Conway—Jackson 6 CORD 25S(7197) cE ACORD CORP ION 1988 r + KENT WASMINOTON POLICE, Ed Crawford Chief of Police Corrections Dmsion Captain Jim Miller Phone 253.8585963 Apn130, 2002 Fax 253-856-6961 1230 South Central Kent,WA 98032-5895 Mr Ken Chow,District Manager Consolidated Food Management 2448 76" Ave SE Mercer Island.WA 98040 Re Food Services—City of Kent Corrections Dear Ken At the January 15 2002 meeting of the City Council, an extension of your contract for services at the Kent Corrections Facility through 12i31 02 was approvea Also approved was the per meal preparation increase from SO 615 to SO 645 For the ease of bookkeeping,you may begin invoicing at SO 645 per meal beginning May 1, 2002 It is always a pleasure working with you and your staff at the Facility Sincerely, q r% Captain Jim M Miller Kent Corrections Facility RIM bk cc Mayor's Office City Clerk • PROFESSIONAL FOOD SERVICE MANAGEMENT AGREEMENT This Agreement is made and entered into between CITY OF KENT, Washington, (hereinafter referred to as the "CITY"), and CONSOLIDATED FOOD MANAGEMENT, INC. , a Washington corporation licensed to do business in the State of Washington (hereinafter referred to as "CFM") . For mutual consideration, the City and CFM agree as follows: Section 1. Authorization, Service Area 1.01 CFM shall manage and operate the food service program located within the premises of the City's Corrections Facility. 1.02 The City shall provide the kitchen space, facilities, utilities and equipment for the operation of the City's food service, which, however, shall be under the control of CFM and shall be and remain the sole property of the City. "Kitchen" is defined to include all walk-ins, store rooms, freezers, applicable equipment within those areas, and secure sally port. 1.03 The City shall provide adequate office space, furniture, and a telephone for local use. All long distance phone charges shall be paid by CFM. Section 2. Service, Policies, Standards 2.01 CFM shall provide food service to inmates, staff and others as designated by the City on the premises, on such days and at such times as the City shall prescribe. 2.02 CFM shall not use the City's facilities for preparation of food that is to be served in any location other than the City's. 2.03 CFM shall be responsible for the management and operation of the food service on the premises, including but not limited to general supervision of food service areas, recruiting, interviewing, training and direction of food service employees, and the preparation and serving of food, confections and beverages on the premises. 2.04 CFM shall be responsible for purchasing and paying for all food and supplies necessary for complying with this Agreement. 2.05 CFM shall provide input to the City on operating policies for the food service conducted by CFM. Policies shall be set by the City. 2.06 It is understood that the City reserves the right to periodically review and inspect the food service program performed by CFM with respect to the quality and quantity of food served and the sanitation of equipment and facilities. 2.07 CFM shall maintain the highest ethical relationships with its customers, employees, suppliers and competitors in the performance of this agreement. Section 3. Cleaning, Maintenance, Utilities 3.01 CFM shall be responsible for the supervision of washing of dishes, trays, pots, pans, and utensils, cleaning and sanitation of food equipment, counters, serving lines, dishes, and day-to-day and periodic cleaning, sanitation and housekeeping in the entire kitchen, office and storage areas. 3.02 The City shall be responsible for maintenance of major equipment, floor drains, light fixtures, and other such building maintenance as may be reasonably required by the City. 3.03 City shall be responsible for the extermination of rodents, vermin and any and all other unsanitary conditions in the kitchen and storage area. 3.04 The City shall be responsible for disposal of all rubbish and garbage resulting from food service operation. Each day CFM shall remove all trash to the dumpsters designated by the City. 3.05 The City shall furnish and maintain at its expense all utilities, including but not limited to electricity, water and local telephone service, required to operate the food service. The City shall not permit any interruptions in utility service except in an emergency, circumstances 2 - reasonably beyond the control of the City, for necessary repairs, or for improvement of the service, and in such case the City agrees to notify CFM as soon as reasonably possible of any interruption or proposed interruption in utility service. 3.06 CFM shall , at its own expense, supply, maintain and replace all kitchen small wares such as knives, spatulas, ladles, spoons, whips and related cooking utensils, as well as stainless steel coffee pots, and hot cart delivery systems. After the first year, the City shall be responsible for the replacement, if it determines such is necessary, and shall own all supplies and wares pursuant to Section 10.05 herein. 3.07 Employees of CFM will comply with all City rules of conduct to include those relating to security and sanitation. The City may require CFM to immediately remove any of CFM'S employees from the City's premises for any reason deemed necessary by the City. Any and all such removals will be made in the name of CFM, and CFM will assume any and all responsibility for the removal . 3.08 CFM will not permit smoking within City of Kent Correction Facility, or any unlawful practices of any kind on City premises by CFM's employees. Any and all rules applicable to City Corrections staff shall apply equally to CFM employees. Section 4, Equipment, Fixtures, Furniture, Expendables, Vehicles 4.01 The City shall provide and install at its expense the fixed equipment, fixtures and related furniture (1) necessary to the efficient operation and control of the food services to be performed by CFM as determined by the City. The City shall maintain, repair and replace such equipment at its own expense, except repairs or replacements caused by CFM's negligent or intentional acts or omissions which shall be the sole responsibility of CFM. 4.02 CFM shall take all reasonable care in the use of the premises, equipment and other items furnished by the City. 3 - Section 5. personnel 5.01 CFM agrees to staff its operation on the premises in the most efficient manner possible consistent with CFM's and the City's requirements. 5.02 CFM shall assign one qualified person satisfactory to the City as floor supervisor to monitor the service of the meals which will be served each day. 5.03 During the term of this Agreement and one year hereafter, neither CFM nor the City shall hire each other's employees without prior written consent from the other. 5.04 CFM shall assume and discharge full responsibility for: (a) The general supervision and operation of the food services con- ducted upon the City's premises; the hiring and training of personnel satis- factory to the City; the purchasing, preparing and serving of food, food pro- ducts, confections, edibles, and nonalcoholic beverages served upon the City's premises, and the purchasing of the necessary operating supplies and services needed upon the City's premises such as, but not limited to, paper goods, cleaning supplies, and laundry services; and (b) All administrative duties and expenses, including the keeping of accounts, the paying of all compensation of, and Federal , State, and local payroll taxes applicable to employees provided by CFM; reasonable wages and benefits for CFM employees working on the City's premises; the paying of the cost of food, food products, confections, edibles, and nonalcoholic beverages delivered to the City's premises, upon the order of CFM; the paying of all other direct operating costs and expenses, such as, but not limited to, paper goods, cleaning supplies, laundry services, and insurance premiums; the paying of all lawful taxes and license fees which may be imposed by Federal , State, or local governing bodies in connection with the activities of CFM hereunder; and the procuring of such licenses and permits as may be required to conduct its business hereunder. The foregoing shall be paid for by CFM from the funds received by it from the City pursuant to the specific terms of this Agreement. 4 - Section 6 Eaual Employment Opportunity/Affirmative Action • 6.01 In performance of this Agreement, CFM agrees as follows: (a) CFM will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, martial status, or the presence of any physical , mental or sensory handicap. CFM will take Affirmative Action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, age, marital status, national origin, or presence of any physical , mental or sensory handicap. Such action 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 training, including apprenticeship. CFM agrees to post in conspicuous places, available to employees and applicant for employment, such notices concerning Equal Employment Opportunity as may be required by Federal , State, or local law, rule or regulation. (b) CFM will , in all solicitations or advertisements for employees • placed by or on behalf of CFM, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, national origin, marital status or presence of any physical , sensory or mental handicap. Section 7. Insurance. Indemnity. Safetv 7.01 CFM shall maintain as a direct cost of operation the following insurance coverage while performing services hereunder: (a) Workmen's Compensation as required by law; (b) General Liability (including Products and Automobile Liability) with limits of $1,500,000 for injury or death to any one person, $1,500,000 for injury or death of two or more persons in any one occurrence. The City of Kent will be named as additional insured and the policy will contain a covenant giving the City thirty (30) days written notice before cancellation, - 5 - 0 reduction or other modifications of coverage. Certificates of Insurance will be delivered to the City prior to the effective date of contract execution. All services and food provided by CFM shall be at CFM's sole risk. The City and all elected officials, officers, agents and employees of the City shall not be responsible in any manner for any loss, injury or damage that may result from services or food provided by CFM in the performance of its work, including injury, illness, disease, or death to any persons which might have been prevented by CFM and its agents and employees. 7.02 CFM shall indemnify and hold harmless the City, its elected officials, agents and employees from and against all suits, claims, damages, losses, costs, and expenses including attorneys' fees, arising out of, relating to, or resulting from this contract unless caused by the sole negligence of the City. 7.03 CFM agrees to notify the City promptly in writing of any death, serious injury, or serious damage arising out of its operations on the City premises and to comply at all times with the requirements and provisions of the Occupational Safety and Health Act and related rules and regulations. Section S. Laws. Licenses and Taxes 8.01 CFM shall comply with all Federal , State, and local laws, regulations, and requirements applicable to the services and operations provided herein and applicable Federal and State wage and hour requirements. 8.02 CFM shall obtain any and all licenses or permits necessary for the food service operation on the premises, as a direct cost of CFM and no additional cost to the City. 8.03 Any and all applicable taxes will be collected and remitted by CFM at no additional cost to the City. 8.04 The laws of the State of Washington shall control this Agreement. Any dispute between the parties related to this Agreement shall be resolved by King County Superior Court. - 6 - Section 9 Additional Services, Evaluation, Performance 9.01 The City has the right to request CFM to render additional food services on the premises including but not limited to special functions, banquets, parties, etc., reasonably related to its services under this Agreement; including modified diet meals when authorized in writing by the City at least twenty-four (24) hours in advance of service. The menu, amount and cost of such additional services shall be as mutually agreed in writing in advance by the City and CFM. 9.02 CFM shall require that a member of its resident management staff on the City's premises be available for food service meetings 'on a regular basis, as determined by the City, as well as participate in mutually agreeable activities, promotions and communications campaigns related to its food service program. 9.03 CFM shall not be liable to perform this Agreement when performance is directly prevented by any fire, flood or other casualty, act of God, or other event beyond the control of CFM, but CFM shall exert its best efforts to maintain service. 9.04 The City reserves the right to change any meal schedule and agrees to give CFM at least twenty-four (24) hours advance notice of such changes, except in an emergency, when as much advance notice as possible will be given. Section 10. Financial and Accounting 10.01 CFM shall manage and operate the City's food service on a Fixed Reimbursable Cost and Management basis, as follows: 10.02 To provide food service of three meals per day, seven days per week, for a period of two years from January 1, 1990 to December 31, 1991 for inmates, staff, and others as designated by the City at the Kent Corrections Facility, 1230 Central Avenue So. , Kent, Washington 98031, with CFM purchasing all foods, supplies, paper products and cleaning supplies. 7 10.03 The City agrees to pay CFM within 30 days of the date of receipt and approval of each month's invoice according to the schedule set forth herein. 10.04 COST PER MEAL 40 through 45 per day . . . . . . . . . . . $2.060 COST PER MEAL 46 through 50 per day . . . . . . . . . . . $1.883 COST PER MEAL 51 through 55 per day . . . . . . . . . . . $1.767 COST PER MEAL 56 through 60 per day . . . . . . . . . . . $1.672 COST PER MEAL 61 through 65 per day . . . . . . . . . . . $1.593 COST PER MEAL 66 through 70 per day . . . . . . . . . . . $1.525 COST PER MEAL 71 through 75 per day . . . . . . . . . . . $1.468 COST PER MEAL 76 through 80 per day . . . . . . . . . . . $1.417 COST PER MEAL 81 through 85 per day . . . . . . . . . . . $1.373 10.05 CFM shall purchase all food, equipment and supplies, which shall became the sole property of the City upon completion of the first year of this Agreement. Purchasing and accountability for all food and supplies shall be the responsibility of CFM. A detailed Food Service Statement shall be prepared by CFM for the City each month. 10.05 The City shall own all food service equipment, foods and supplies. CFM shall be responsible for maintaining all operating food and supply inventories and shall further be responsible for the custodianship of all food service equipment and its proper use and and as may be more particularly set forth herein. 10.06 All records of CFM bearing upon food service operations on the City's premises shall be maintained by CFM. CFM shall keep accurate records and accounts of all operating costs and income in connection with its operation of the food service and this Agreement hereunder. The City shall have the right to inspect, audit, and copy, at any time during business hours and at the principal place of business of CFM, such books and records as pertain to this Agreement. All such records shall be kept on file for two (2) years or such other period of time as may be required by the City after the end of this Agreement. The City shall have the right to conduct on-site reviews and inspections of the food service operation. 8 - 10.07 CFM shall conduct its operations on the City's premises in the most professional and efficient manner possible consistent with the City's policies, facilities and good food service practices and in accordance with applicable government regulations. Section 11. Term, Renewal . Termination 11.01 This Agreement shall be effective for the term of twenty-four (24) months beginning January 1, 1990, with an option for renewal if agreed to in writing in advance by the city and CFM. 11.02 Either party may terminate this Agreement by giving the other party not less than ninety (90) days advance written notice of intention to terminate at any time during the term of this Agreement. 11.03 Upon termination of this Agreement, CFM shall vacate all parts of the premises occupied by CFM in the same condition as made available to CFM, reasonable wear and tear excepted. Section 12, Notice 12.01 Any notice required hereunder shall be deemed to have been given if delivered in writing personally to, or three business days after being sent by registered or certified United States mail return receipt requested and addressed as follows: (a) The City: City of Kent Attn: Kent City Clerk 220 - 4th Avenue South Kent, WA 98032 (b) CFM: Consolidated Food Management 2448 - 76th S.E. Mercer Island, WA 98040 - 9 - Section 13 Independent Contractor, Entire Agreement 13.01 CFM, its employees, and agents, is an independent contractor and shall not be, or be deemed for any purpose to be, an employee(s) or agent(s) of the City. 13.02 CFM is a professional food service organization and under the terms of this Agreement between the City and CFM, the City has exclusive control of all policy, operational and service procedures over the food service program. 13.03 This Agreement, and the City's R.F.P. and CFM's Proposal , constitute the entire Agreement of the parties and supersedes and cancels all previous written or oral communications between the parties referring to the subject matter of this Agreement. Should there be a conflict between this Agreement and the R.F.P. or Proposal , this Agreement shall control . 13.04 All titles of sections hereunder shall have no legal force and effect. . In witness whereof, the parties hereto enter into and execute this agreement this day of January, 1990. CITY OF KENT CORRECTIONS FACILITY CONSOLIDATED FOOD MANAGEMENT, INC. Signed: � Signed: Print: Print: e CITY-V KF7 Title: Title: Date: Date: a ' 5746L-6L - 10 - Kent City Council Meeting Date January 21, 2003 Category Consent Calendar 1. SUBJECT: OCCUPATIONAL HEALTH SERVICES CONTRACT FOR JAIL MEDICAL SERVICES EXTENSION—AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign "Addendum One and Extension to Contract for Services" with OHS for an additional term of one quarter beginning 1/l/03 and ending 3/31/03. OHS provides certain required medical services to the inmates of CKCF. 3. EXHIBITS: Copy of Addendum One and Extension to contract and Exhibit A, Fee Schedule 4. RECOMMENDED BY: Public Safety Committee (1/14/03) (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION- Council Agenda Item No. 6G ADDENDUM TWO AND EXTENSION TO CONTRACT FOR SERVICES THIS ADDENDUM TWO AND EXTENSION TO CONTRACT FOR SERVICES,entered into as of this day of 2002,by the city of Kent,a Washington municipal corporation(hereinafter"city'),and the Public Hospital District No. I of King County, a Washington municipal corporation d/b/a Valley Medical Center Occupational Health Services, (hereinafter"Contractor"). WITNESSETH WHEREAS, the city is required to provide certain medical services to the inmates of the Kent Correctional Facility; and WHEREAS,the city desires to engage the Contractor to render said medical services to the inmates of the Kent Correctional Facility for an additional quarter; NOW THEREFORE,the parties do mutually agree as follows: 1. The Contract for Services,entered into between the parties on or about December 13, 1999,which was extended until December 31,2002,shall be extended for an additional three-month term, commencing January 1,2003,and ending March 31,2003. 2. Contractor shall not increase the fee schedule for the period of this extension,and if the services of Contractor are requested for additional quarters of the year 2003,no increases in the fee schedule shall occur. 3. The remainder of the original Contract for Services and the subsequent Addendum One shall remain in full force and effect, except to the extent that the terms of said Contract for Services conflicts with this Addendum Two and Extension. IN WITNESS WHEREOF,the parties hereto have caused this Addendum One and Extension to be executed the day and year first above written. CITY: CONTRACTOR. City of Kent Public Hospital District No. 1 of King County d/b/a Valley Medical Center Occupational Health Services By: By: Print Name: Jim White Print Name: Its: Mayor Its: • ADDENDUM TWO AND EXTENSION TO CONTRACT FOR SERVICES- 1 of 2 City of Kent/VMC-OHS-11/13/02 C\Ter.V%nm.a.T.e iPrint Name: Ed Crawford Its: Chief of Police ATTEST: ATTEST: By: By: Brenda Jacober,City Clerk Print Name and Title: APPROVED AS TO FORM: By: Arthur"Pat' Fitzpatrick Assistant City Attorney for the City of Kent • ADDENDUM TWO AND EXTENSION TO CONTRACT FOR SERVICES-2 of 2 City of KenWMC-OHS- 11/13/02 C UENV%AddmAimT"4w EXHIBIT A FEE SCHEDULE BASIC PROGRAM COMPONENTS FEE Clinical Staff and Services Registered Nurse&Physician Assistant January 1,2002-December 31,2002 Malpractice Insurance S277,358 Trained clinicians for back-up/coverage Medical Director Oversight On-site services 84 hours/week(including a minimum of 20 hours/week of sick call) Injury and illness treatment services 14-day Health Appraisal Exam services(see lab fees below) Admmisnation of vaccinations&TB tests Basic dental services,i.e tooth blocking&pain relief Tnage System Medicanon Administranon 24 hour Telephone Consultation Services Included in annual rate Access to clinical staff 24 hours/day, 7 days/week Telephone Consultation Guidelines Policies/Procedures & Clinical Guidelines Included in annual rate Operational Policies&Procedures Clinical Protocols.Practice Parameters k Tnaee Guidelines Dental Services I Usual and customary rates Appointment Coordination Included in annual rate Ongoing Medical Records Management Included in annual rate . Initial Photocopying of Records One time fee at usual and customan rates Insurance Billing I Included in annual rate Program Set-Up,Management&Medical Oversight , Included in annual rate Program Set-up Recruiting,Hiring,Credenualing Staff Traming Scheduling Medical Records Svstem Operational Maintenance Access to Medical Director and Clinic Director Regular business hours Quarterly Meeting Attendance Ongoing Personnel Management Problem-Solving Identifinng Service Gaps Medical Oversight Access to Medical Oversight 24 bours/day,7 days/week Quarterly Meeting Attendance Quality Assurance Quality Improvement Scope of Practice Monitoring Referral Monitoring • CON-IRACT FOR SERVICES-November,2001 CITY OF lMNT/VMC-OHS EXHIBIT A BASIC PROGRAM COMPONENTS(continued) FEE Lab&Health Appraisal Tests Blood Draw S15.00(off-site only) CBC with Differential S12.00 Untie Collection S15.00(off-site only) Unnalysis S11.00 Throat Culture S26.95 RPR S10.00 Dilantin Level S30.00 Chem Panel-19 S20.00 VDRL S17.00 TB Slan Test S12.00 Culture Specimen,Bacteria SI8.00 Gram's Stain, Smear(Stain&Interpretation) S9.00 Pregnancy Test,Urme S11.00 Chlamydia S13.50 Tnchomonas S8.00 All other general medical related tests I Usual and customary rates ADDITIONAL PROGRAM ELEMENTS FEE Supplies&Medication Stocking No additional charge for inventory monitoring. Actual goods billed at OHS' cost. Delivery of Medication Daily Delivery of Prescription Medication(Monday-Friday) I No additional charge Weekend and Emergency Deliveries Arranged at a negotiated rate Occupational and Employee Health Services On-the-Jab Injury Triage System No additional charge On-site Employee Health Services To be priced at competitive rates but Flu Shots provided on-site for convenience TB Shin Test Hepatitis B. Series of Three Injections(includes vaccine) Hepatitis B, Injection only Hepatitis B Trier Hepatitis B Vaccine-Booster Drug Screen, Collection and Lab Processing Drug Screen,Collection Only Medical Review Officer Services Breath Alcohol Test Breath Alcohol Test Confirmation OPTIONAL SERVICES FEE Transportation No additional charge for coordination responsibilities Services Not in Jail Health Service Guidelines On-site Physician Services S150/hour X-Ray Usual and customary rates Urgent Care Services(available Monday-Fnday,6 00am-6 00pm, OHS fee schedule(based on the Dept. at OHS Renton,and 6 00am-6 00pm at OHS Auburn) of Labor and Industries fee schedule) Emergency Services at VMC's Emergency Department Usual and customary rates Psychtatrtc Services Usual and customary rates CONTRACT FOR SERVICES-November,2001 CITY OF KENT/VMC-OHS ® Kent City Council Meeting Date January 21, 2003 Category Consent Calendar 1. SUBJECT: KING COUNTY ARTS COMMISSION GRANT FOR KING COUNTY PERFORMANCE NETWORK—ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: As recommended by the Parks, Recreation and Community Services Director, accept the $4,500.00 allocation from the King County Arts Commission's "King County Performance Network" program and amend the Kent Arts Commission's budget accordingly. The King County Arts Commission has allocated $4,500.00 to the Kent Arts Commission for participation in the 2002-2003 King County Performance Network Funds will cover the artistic and production fees for one King County Performance Network performance in Kent, as part of the Kent Arts Commission's "Spotlight Series." Insight America Touring Theater will present True West, by American playwright Sam Shepard on March 7, 2003. 3. EXHIBITS: King County Contract 4. RECOMMENDED BY: Staff& Parks Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X d 6. EXPENDITURE REOUIRED: Revenue of$4,500 00 SOURCE OF FUNDS. King County Grant 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: Y, ACTION: Council Agenda Item No. 6H King County Contract No. D31996D Contractor's Federal Taxpayer ID No. Department/Division Executive/ Cultural Resources Agency Kent Arts Commission Project Title True Mest Contract Amount$ 4,500. Fund Code CX - Performance Network Contract Period From- 07/01/02 To- 12/31/02 KING COUNTY AGENCY SERVICES CONTRACT-2002 THIS CONTRACT Is entered into by KING COUNTY, its designated agent or successor(the "County")and Kent Arts Commission, whose address is 220 4th Ave S, Kent WA 98032(the "Contractor"). WHEREAS, the County desires to have certain services performed by the Contractor as described in this Contract, and as authorized by Ordinance No. 14265. NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: I. DURATION OF CONTRACT This Contract shall commence on the 1"day of July, 2002, and shall terminate on the 31"day of December, 2002, unless extended or tennmated earlier,pursuant to the terms and conditions of the Contract II. COMPENSATION AND METHOD OF PAYMENT The County shall pay Agency a total of$4,500. for completion of the services and requirements specified in Exhibit A , attached ❑I. EVALUATIONS, RECORDS AND INSPECTIONS A The Contractor shall provide right of access to its facilities, at all reasonable times in order to monitor and evaluate the services provided under this Contract The County will give advance notice to the Contractor in the case of an audit to be conducted by the County. AG SERVICES 2002 SHORT FORM page 1 of 7 B. The Contractor shall maintain accounts and records, including personnel, property, financial, programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all contract funds and compliance with this Contract. If State funding is awarded in conjunction with this project, these records shall be maintained for a period of six (6)years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with RCW Chapter 40.14, or unless a longer retention period is required by law. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and services provided in the performance of this Contract. The records and documents with respect to all matters covered by this Contract shall be subject at all times to inspection, review, or audit by the County during the performance of this Contract. C. The Contractor agrees to cooperate with the County or its agent in the evaluation of the Contractor's performance under this Contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17. IV. ASSIGNAIENT/SUBCONTRACTING The Contractor shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. Said consent must be sought in writing by the Contractor not less than fifteen (15) days prior to the date of any proposed assignment. "Subcontract" shall mean any agreement between the Contractor and a subcontractor or between subcontractors that is based on this Contract, provided that the term "subcontract" does not include the purchase of(I) support services not related to the subject matter of this Contract, or(n) supplies. V. TERMINATION This Contract may be terminated by the County without cause, in whole or in part,prior to the date specified in Section I,by providing the Contractor thirty(30) days advance written notice of the termination. The County may terminate this Contract, in whole or in part, upon seven (7) days advance written notice in the event: (1) the Contractor materially breaches any duty,obligation, or service required pursuant to this Contract, or(2) the duties, obligations, or services required herein become impossible, illegal, or not feasible. If expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Section II, the County may, upon written notification to the Contractor, terminate this Contract in whole or in part. Funding under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract. Should such appropriation not be approved, this Contract will terminate at the close of the current appropriation year. AG SERVICES 2002 SHORT FORM Page 2 of 7 The Contractor may terminate this Contract upon thirty(30) days written notice, should the County commit any material breach of this Contract. VI. FUTURE SUPPORT The County makes no commitment to support the services Contracted for herein and assumes no obligation for future support of the activity Contracted herein except as expressly set forth in this Contract. VII. HOLD HARMLESS AND INDEMNIFICATION The Contractor agrees to protect,defend, and indemnify the County, its officers, officials, employees and agents from any and all costs, claims,judgments and/or awards of damages, ansing out of or in any way resulting from the activities associated with this Contract,by the Contractor, its employees, representatives, volunteers and/or agents. In the event the County incurs any costs including attorneys fees to enforce the provisions of this article, all such costs and fees shall be recoverable from the Contractor. V1II. INSURANCE By the date of execution of this Contract, the Contractor shall, for the duration of this Contract, procure,maintain and provide evidence of coverage for the applicable insurance required as outlined below: General Liability: Coverage shall be at least as broad as Insurance Services Office form number(CG 00 01 Ed. 11-88)Commercial General Liability, in the amount of at least $1,000,000. combined single limit per occurrence. King County,its officers, officials, employees and agents shall be included or endorsed as an additional insured Automobile Insurance: In the event the performance of this Contract requires the use of an automobile, automobile liability coverage in compliance with the statutory requirements of the State of Washington is required. Workers' Compensation Coverage..When applicable, evidence of Workers' Compensation coverage in compliance with the statutory requirements of the State of Washington shall be provided. By requiring such minimum insurance, the County shall not be deemed or construed to have assessed the risks that maybe applicable to the Contractor under this Contract The Contractor shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage AG SERVICES 2002 SHORT FORM Page 3 of 7 IX. NONDISCRiMINATION A. King County Code Chapters 12.16 and 12 18 are incorporated by reference as if fully set forth herein and such requirements apply to this Contract;provided however,that no specific levels of utilization of minorities and women in the workforce of the Contractor shall be required,and the Contractor is not required to grant any preferential treatment on the basis of race, sex, color, ethnicity or national origin in its employment practices; and provided further that,notwithstanding the foregoing, any affirmative action requirements set forth in any federal regulations, statutes or rules included or referenced in the contract document shall continue to apply. The Contractor shall not discriminate against any person on the basis of race, color, creed, religion, sex, age, nationality, marital status, sexual orientation,or the presence of any sensory, mental or physical disability in an otherwise qualified disabled person in employment.The Contractor shall not violate any of the terms of RCW Chapter 49.60, Title VII of the Civil Rights Act of 1964,or any other applicable federal, state or local law or regulation regarding nondiscrimination in employment. B. During performance of this contract, the Contractor agrees that it will not engage in unfair employment practices as defined by King County Code, Chapter 12 18. The Contractor agrees that it shall not discriminate against, nor tolerate harassment of, any employee or applicant for employment because of race, color, creed, religion, sex, age, nationality,marital status, sexual orientation,or the presence of any sensory,mental or physical disability in an otherwise qualified disabled person. The Contractor will take affirmative action to ensure that applicants and employees are treated without regard to their race, color, creed, religion, sex, age, nationality, marital status, sexual orientation or the presence of any sensory, mental or physical disability in an otherwise qualified disabled person. Such affirmative action 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 training, including apprenticeship.The Contractor agrees to post in conspicuous places, available to employees and applicants for employment,notices setting forth the provisions of this nondiscrimination clause. C. The Contractor will, prior to commencement and during the term of this Contract, furnish the County,upon request and on such forms as may be provided by the County, a report of the affirmative action taken by the Contractor in implementing the terms of this provision, and will permit access by the County to the Contractor's records of employment,employment advertisements, application forms,other pertinent data and records for the purpose of monitoring and investigation to determine compliance with this contract. D. Failure to implement and carry out the obligations outlined in this section in good faith may be considered by the County a material breach of this Contract and may be grounds for cancellation, termination, or suspension of the Contract, withholding payment,or invoking the enforcement provisions of K_C.C. 12.16 which provides for penalties, liquidated damages, or other remedies. AG SERVICES 2002 SHORT FORM Page 4 of 7 E. As required by King County Code Chapter 12 16, the Contractor shall provide the County with assurance of their compliance with the provisions of Section 504 of the Federal Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act of 1990. The Contractor shall complete and maintain in its office a Section 504 self evaluation and corrective action plan. An assurance of compliance, contained in the corrective action plan, must be signed, notarized and submitted to the County before the Contract will be signed by the County. F. In addition to the general prohibition against discrimination stated above,the following nondiscrimination provisions relating to employment of persons with disabilities shall apply to the Contractor. 1. Reasonable Accommodation.The Contractor shall make reasonable accommodation to the known physical or mental limitations of an otherwise qualified disabled applicant or employee unless the Contractor can demonstrate that the accommodation would impair or cause undue hardship on the operation on the Contractor's business. 2 Pre-employment inquiries. The Contractor may not conduct a pre-employment medical examination or make a pre-employment inquiry as to whether an applicant is a disabled person or as to the nature or seventy of a disability. The Contractor may, however, make a re-employment inquiry into an applicant's ability to perform job-related functions. Nothing in this section shall prohibit the Contractor from conditioning an offer of employment on the results of a medical examination prior to initiation of the employment if all entering employees are subject to such an examination regardless of disability. X. MINORITY AND WOMEN BUSINESS PARTICIPATION It is the County's policy that minority and women business enterprises (MWBEs)shall have the maximum practicable opportunity to participate in the performance of contracts for the County. In this regard, the Contractor is encouraged,to make affirmative efforts to utilize firms certified by the Washington State Office of Minority and Women's Business Enterprises as subcontractor and suppliers in the event subcontracting or participation of firms other than the Contractor becomes necessary the performance of This Contract The Contractor may contact the County's Minority and Women Business Enterprise Division to explain any work to be contracted and to obtain a listing of MWBEs which may be interested in performing such subcontract work. XL CONFLICT OF INTEREST King County Code Chapter 3 04 is incorporated by reference as if fully set forth hence, and the Contractor agrees to abide by all conditions of said chapter. Failure by the Contractor to comply with any requirement of said chapter shall be a material breach of contract. AG SERVICES 2002 SHORT FORM page 5 of 7 A. The Contractor covenants that no officer, employee, or agent of the County who exercises any functions or responsibilities in connection with the planning and implementation of the program funded herein, or any other person who presently exercises any functions or responsibilities in connection with the planning and implementation of the program funded herein shall have any personal financial interest, direct or indirect, in this Contract. The Contractor shall take appropriate steps to assure compliance with this provision. B. If the Contractor violates the provisions of Subsection XVIII(A)or does not disclose other interest required to be disclosed pursuant to King County Code Section 3.04,the County will not be liable for payment of services rendered pursuant to this Contract. Violation of this Section shall constitute a substantial breach of this Contract and grounds for termination pursuant to Section XI above, as well as any other right or remedy provided in this Contract or law. XII. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. XIII. NOTICES Whenever this Contract provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive officer of the Contractor and the director/manager of the County department/division specified on page 1 of tins Contract. XIV. CONTRACT AMENDMENTS Either party may request changes to this Contract. Proposed which are mutually agreed upon shall be incorporated by written amendments to this Contract. XV. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY The Contractor shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Contract and shall ensure that, whenever possible, the cover page of each document printed on recycled paper bears an imprint identifying it as recycled paper. If the cost of recycled paper is more than fifteen percent higher than the cost of non-recycled paper, the Contractor may notify the Contract Administrator, who may waive the recycled paper requirement. The Contractor shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical at the fulfillment of this Contract. AG SERVICES 2002 SHORT FORM Pan 6 of 7 XVL ENTIRE CONTRACTAWAIVER OF DEFAULT The parties agree that this Contract Is the complete expression of the terms hereto 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 the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. County: Contractor: FOR King County ices ve/ ign11ture /1 Cl�, OL - J�J�iK A �Y1 Date Name(Please type or pn t) Title(Please type or print) Approved as to Form: 0 Lv"Z OFFICE OF THE KING COUNTY Date PROSECUTING ATTORNEY March 7 2001 AG SERVICES 2002 SHORT FORM Page 7 of 7 EXHIBIT A SCOPE OF SERVICE Kent Arts Commission and the King County Office of Cultural Resources mutually agree that the following services be provided in accordance with the application and contract work sheet submitted to and approved by the King County Arts Commission. Partial support for. Participation as a presenting organization in the 2003 King County Performance Network; to include one performance of Insight America Touring Theatre's True West presented by Kent Arts Commission. Performances are open and publicized to the community. Amount: $4,500. For artist fees and program expenses. Payable upon submittal of invoice and documentation regarding Schedule, Location and Budget for Performance Network events. Upon completion of Performance Network events,please submit: • Final budget, actual and completion of evaluation form • Final report of program accomplishments • Programs,brochures, flyers if available PUBLIC BENEFIT All performances will be open and accessible to the public. • Events will be affordable for family audiences. PUBLICITY/PROMOTION POLICY Prominent acknowledgment of the King County is required of all recipients for use in all publicity and promotional materials, including, but not limited to brochures, press releases, programs,posters,public service announcements, flyers and advertisements. The following graphic is recommended OKing County Arts Commission Quo Final payment will not be made until acknowledgment is submitted on printed material Kent City Council Meeting Date January 21, 2003 Category Consent Calendar 1. SUBJECT: EAST HILL SKATE "X" PARK CONSULTANT CONTRACT — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to execute an agreement between the City of Kent and Grindhne Skateparks, Inc. in the amount of$30,000 00 to design the East Hill Skate "X" Park. In July 2002, Council authorized the transfer of funds for architectural and engineering services for the East Hill Skate Park. Park staff met with Grindline Skateparks, Inc., and approved a proposal in the amount of$30,000.00 that met the conceptual plans. Funding is provided by the Youth/Teen budget 3. EXHIBITS: Copy of contract with proposal 4. RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION. Council Agenda Item No. 6I t KENT wwsninoron CONSULTANT SERVICES AGREEMENT between the City of Kent and Grindline THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Grindline organized under the laws of the State of Washington, located and doing business at 1007 North 36th Street, Seattle, Washington,98103, Cell phone(206) 910-3402,(206) 632-0920, FAX(hereinafter the "Consultant") I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Participate in site visits (5) during the design phase for the East HIII "X" Park skate park, participate in design development meetings (15) throughout the design phase, attend advisory grup meetings (3), and provide working drawings, conceptual drawings, preliminary drawings, 95% drawings final drawings, and construction drawings (3), as described on Exhibit A dated June 11, 2002 (attached). Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement Further, Consultant shall complete the work described in Section I within six months or by December 15, 2002 from the effective date of tlus Agreement. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Thirty Thousand Dollars and NO/100ths ($30,000.00) for the services described in this Agreement This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that CONSULTANT SERVICES AGREEMENT- 1 (Over$10,000) portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion IV. INDEPENDENT CONTRACTOR The parties intend that an Independent Contractor Employer Relationship will be created by this Agreement and that the Consultant has the ability to control an direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4 24 115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may anse from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub- consultants or sub-contractors. CONSULTANT SERVICES AGREEMENT-2 (Over$10,000) Before begimring work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing the following insurance coverage and limits: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage covering all owned, non-owned, hired and leased vehicles Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability. Insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability ansing from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Professional Liability insurance appropriate to the Consultant's profession and with limits no less than$1,000,000 limit per occurrence 4 Worker's Compensation coverage as required by the Industrial Insurance laws of the State of Washington Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant ll required policies shall be provided on an `occurrence" basis except professional liability insurance (if quired),which shall be provided on a`claims-made"basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought,except with respects to the limits of the insurer's liability The Consultant's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. Insurance is to be placed with insurers with a current A.M. best rating of not less than A.VII. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. 0 X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and CONSULTANT SERVICES AGREEMENT-3 (Over$10,000) become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant 0 XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorneys fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three(3)business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. CONSULTANT SERVICES AGREEMENT-4 (Over$10,000) 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 Contractor G. Entire Agreement. The written provisions and terms of this Agreement, together with any Oxhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement All of the above documents are hereby made a part of this Agreement However, should any language in any of the Exhibits to this Agreement conflict with any language contained in tlus Agreement, the terms of this Agreement shall prevail H. Compliance with Laws The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: �� By (signature) (signature) Print Name: CV.-S Print Name: Jim White Its Pr"C-A- fA0'bw.4/' Its Mayor (Tale) ''_ (Title) ATE- 117.IQ DATE- NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Chris Hildebrand, Project Manager Perry Brooks, Project Manager Grindlme Parks Planning &Development 107 North 36th Street City of Kent Seattle, WA 98103 220 Fourth Avenue South Kent, WA 98032 (206) 910-3403 (telephone) (206) 632-0920(facsimile) (253) 856-5114 (telephone) (253) 856-6050 (facsimile) APPROVED AS TO FORM: Kent City Attorney NdRIRdNiGLTYe•O1uCuMK��Y�W�+•d�.�vMO�+lnl4 CONSULTANT SERVICES AGREEMENT-5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY • The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 12. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of tlus Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above By signing below, I agree to fulfill the five requirements referenced above. Dated this L V' day of 3 e 200'a, By: f c� For: �of.rl��kQqq. S�aEZ p��KS Title: CO�e c� A 0 vt LX �tX Date: CONSULTANT SERVICES AGREEMENT- EEO COMPLIANCE DOCUMENTS CITY OF KENT ADMINISTRATIVE POLICY i NUMBER: 12 EFFECTIVE DATE January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES- April 1, 1996 CONTRACTORS APPROVED BY Jim White,Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps• I. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 40 Actively consider for promotion and advancement available minorities and women Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines CONSULTANT SERVICES AGREEMENT- EEO COMPLIANCE DOCUMENTS CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. • Dated this day of 200_ By: For: Title. Date: CONSULTANT SERVICES AGREEMENT- EEO COMPLIANCE DOCUMENTS EXHIBIT A Our mission is to design and build progressive,forward thinking concrete skateparks that will appeal to a wide variety of skateboarders In doing so,we fill existing needs for today's youth and provide long-lasting playgrounds for future generations of skate enthusiasts" Detailed Scope of Services for Kent Extreme Park(addendum to proposal#1039). Site Visits-We will participate in up to five (5)site visits during the design phase of this project (phase) Design Development Meetings-We will participate in up to fifteen(15)2-hour design development meetings throughout the design phase Design Development Drawings-We will provide a set of working drawings at each of the design development meetings End-User Meetings-We will participate in up to three(3) meetings involving representatives of local end-user groups and/or local end-user committees (e g skatepark committee) Drawings-We will provide the following drawing sets at the following phase milestones • Conceptual Design Drawings-at completion of 30% overall project design • Preliminary Design Drawings-at completion of 75% overall project design • 95% Design Drawings-at completion of 95% overall project design • Final Design Drawings-at completion of 100% overall project design • Construction Issue Drawings-at completion of bidding and amendments phase Each of the aforementioned drawing sets will be delivered to the City within fifteen(15) business days of receipt by Grmdlme of City approved comments,revisions,and mark- ups �I #1007 N 36ih St Seattle,WA 98103#Cell (206)910-3402# 4 Fax (206)632-0920#www grindline com# 4 1 ACORD_ CERTIFICATE OF ' (ABILITY INSURANCE °"'i'""I°°"0 cai2bo o ill 02 PRODUCER THIS CERTIFICATE IS ISSUED-AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Griffith Insurance Group, Inc. HOLDER THIS CERTIFICATE DOES NOTAA7END,EXTEND 0 3641 Aurora Ave X Suite 100 ,; ALTER THE COVERAGE AFFORDED BY THE POLICIES BELO Seattle WA 99103 Phone:206-632-1433 Bax:206-632-0878 1 INSURERS AFFORDING COVERAGE NAIC0 INSURED �I INSURER Ohio Casualtx Company INSURERS Lloyds of Landon UnderNrita s P G�yrins�dline Skatgparks, Inc. I INSURERC, 4056 23rd Ave SP1 A IwSURERO Seattle WA 98106 1 IN6UTIER E COVERAGES 11 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSU TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT 0 OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES D CRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITSSHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR NE TYPE OF INEVRAN[S POLICY Mu SIDE. PATE lm"D&vy GATE MM/DOr" UNITS GENERAL LIABILITY i EACH OCCURRENCE $ 500,000 A X COMMERCIAL GENERA LIABILITY SE053004687� 09/17/02 09/17/03 PPEMISE6 RP[ounnal f$100,000 CLAIMS MADE 17OCCUR MED EXP(My an.peFPp $$10,000 X WA Stop Gap PERSONAL_&ADY INJURY s$500,000 OENERAL AGGREGATE S$1,000,000 GEML AGGREGATE L IMI T APPLIES PER PRODUCTS,COMPIDPADO S$1,000,coo 17 POLICY D T.oi F7 LOC 7 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 A An nuTO BHO53004687. 09/17/03 09/17/03 We"PPIMMI ALL OWNEDAUTOS II °ODILY INJVRY e SCHEDULED AUTO$ ' IFe,wr"N X HIRED AUTOS BODILY INJURY X NON.OWNEOAUTO$ (PF,MddenQ f PROPERTY DAMAGE f I (Pe,eoPlaery GARAGE LIABILITY AUTO ONLY-EA ACCICENT f ANY AUTO 'I OTHERTHAN EA ACC s AUTO ONLY AGG f EXCESSIUMSRELLALIABARY EACH OCCURRENCE f OCCUR CAME MADE AGGREGATE S II DEDUCTIBLE S RETENTION $ 1 Y,OKKI U1 COMPENSATION AND i TORCI LIMITS ER EMPLOYERS LIABILITY J ANY PgOPRIETORA'ARTNER/gxECVTIVE I EL EACH ACCIDENT S OFFyFICEMAEMBER EXCLUDED? EL DISEASE EA EMPLOYE t 3 ECM PROVISION$SPIPw .I s E L DISEASE-POLICY UNIT OMER 4 B Prof. Liability TBD 11/14/02 11/14/03 $1,000,00 Limit 05,000 Deductible DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLE►I EXCILUDONS ADOW BY ENDORSEMENT I SPECIAL PROVISIONS The City of Rent, its officers, officials, employees, agents and voluteers are additional insured. The inwurance provided herein shall be primary and noncontributory per attached form. CERTIFICATE HOLDER a CANCELLATION CITYXSN SHOULD ANY OF THSASOVE DESCRIBED POLICIES BE CANCEILIDBEFORETHEEXPIRATq DATE THFAFAF,THE ISSUING INSURE((ma ENDEAVOR To MAIL 30 DAYS""IN The City of Kent ! MOTICETOTMECeRTPICATS HOLDaINAMED TO THELEFT BUT FARUREMOOSOBHALL Attn: Joan Broom j IMPOSE NO0111MATQM OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 220 4tb Avenue South al Kent WA 98032 REPRESENTATIVES. AVFNORRED REP !!IT 1 Mike Griffith ACORD 25(2001108) 1 ®ACORD CO RATION 1 i t Grindlme Skateparks, Inc POLICY NUMBER. SH053004687 THIS ENDORSEMENT CHAN6ES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED—OWNERS, LESSEE GG 2010 93 OR CONTACTORS (FORM 8) COMMERCIAL GENERAL LIABILITY d This endorsement modifies Insurance provided under the following a i COMMERCIAL GENERAL LIABILITY COVERAGE PART I SCHEDULE Name of Person or Organization: City of Kent j 220 4v' Avenue South Kent, WA 98032 a The City of Kent, Its Officers, Officials, Etrtployees,Agents and Volunteers i The insurance provided herein shalt be primary and noncontributory with any insurance maintained by the above additional insured(s) as respects the work performed by or on behalf of the named insured. Pursuant to RCW 4.24.115 the insuranc4 provided herein shall not apply to liability caused by or resulting from the sole negligence or shato of concurrent negligence of the above additional insured(s) a a a a 'I WHO IS AN INSURED (Section If) is am4nded to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. j d It is agreed that such insurance is afforded by this policy for the benefit of the additional insured shown above shall be primary and non-contributing insurance, but only as respects any claim, loss or liability arising out of the operations of the Named Insured I d 9 i 1 Kent City Council Meeting Date January 21, 2003 Category Consent Calendar 1. SUBJECT: FEE IN LIEU OF FUNDS —ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: As recommended by the Parks, Recreation and Community Services Director, accept the fee-m-lieu of funds totaling $70,693.39 and amend the following budgets: 132nd Avenue Park(P20068) $29,750.60 Clasen Property/Eagle Creek(P20040) $22,501.79 Turnkey Neighborhood Park(P20041) $18,441.00 Total $70,693.39 From October through December 2002, the City of Kent received a total of$70,693.39 from five subdivisions who voluntarily paid the fee-in-lieu of funds, dedicating parkland to mitigate the development of single family homes. The city has five years from the date of deposit to spend these funds for park acquisition, development, or open space. Funds are used at a park closest to the subdivision. 3. EXHIBITS: Copy of JE assigning fee in lieu of funds 4. RECOMMENDED BY: Staff& Parks Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6 EXPENDITURE REQUIRED: Revenue of$70,693.39 SOURCE OF FUNDS: Fee in Lieu of Funds 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6J t uI a Q. a a m � a n m m vi C N c >. n `a rn 4 d t m N C U m E° p 4 W ti W a � N N N m � N � N m a m umi H d O O O O C C K [7 CI CJ t7 pp N N N (V N m a O a m m N i m m m m a m m rn n m U W Y o m rn o $ o o m O r r o m m M 0 0 o y M C am0 14 M o m m m N E .ter.. M °' -� r � `u a _ u3 '9 10 a ° m a a m m a a m J J � y m m a E n z o C N 0 d N h N h N o u o 0 0 0 0 o 0 0 0 0 a a a a a a cr 7 G y y o 0 0 o 0 0 N C N N N CO N N_ N N 2 an Kent City Council Meeting Date January 21, 2003 Category Consent Calendar 1. SUBJECT: SERVICE CLUB BALLFIELDS DONATIONS —ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: As recommended by the Parks, Recreation and Community Services Department Director, accept $3,934.49 from the Kiwanis Club of Kent and $3,409.46 from the Kiwanis Club of Meridian-Kent and amend the Service Club Ballfield budget. In August 1999, many City of Kent Service Clubs pledged yearly donations to the future construction of the Service Club Ballfields. In November and December 2002, the Kiwanis Club of Kent and the Kiwanis Club of Mendian-Kent donated a total of 7343.95. 3. EXHIBITS: Copy of checks from Kiwanis Club of Kent and Kiwanis Club of Meridian-Kent 4. RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED: Revenue of$7,343.95 SOURCE OF FUNDS: Donations 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6K t R55GA006 City of Kent 12/11/2002 Page 1 0 Journal Entry/Budget Change Doc# 10904 Ledger Type AA Journal Entry Doc Type JR Batch# 20757 Explanation Service Club Donations G/L Date 12/11/2002 Automatic Reversal? No Created by JBROOM Last Changed by JBROOM Business Unit Object Subsidiary Subledger Debit Amount Credit Amount Account Explanation Reference P20024 56710 3,934 49- Kiwanis Service Club Field P20024 56710 3,409 46- Mer Kiwanis Service Club Fie 1 11110 0010 7,34395 Service Club Donations Joumal Entry Totals 7,34395 7,343 95- �pt-Authorized by: Finance - Reviewed by: i KIWANIS CLUB OF KEN7 1592 18214 143RD AVE SE RENTON,WA 98058 19-10/1250 3486 / 01TI L a PAYCVt TV orE G 'F �L1 %r'Q--��--Lars �A �Nti,�Cd ixni AR, o: °.a... embank. cu•� TiL�J L�- ��c���t�.. Anylme Anylyl.A¢Mt FOR 1: 1 2 5000 10 51: i5 3 50 50 3 26T911a 1592 •Km Ck1b of Menchu Kent •CoW1n0,a Sate Bank PO Bar 1513 KM WA98032 1633 KWA WA 9e035 263-%8.7510 n' PAVTOT ]4ai(11ri1 Date 1?110/2 olmen aP City Of Kent $-3,409 46 Three Thousand Four Hundred Nine and 46/100 DOLLARS �� AUnK1a17EO aM:N.11lle: For Kids Ball Park 1: 1251082721: 70001233i0t1a 1633 • Kent City Council Meeting Date January 21, 2003 Category Consent Calendar 1. SUBJECT: JOINT HUMAN SERVICES APPLICATION AND FUNDING PROGRAM—AUTHORIZE 2. SUMMARY STATEMENT: As recommended by the Parks, Recreation and Community Services Director, authorize the Mayor to execute the Memorandum of Understanding for the Joint Human Services Application and Funding Program. The purpose of the MOU is to set up a cooperative arrangement between the Cities of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Renton, SeaTac, and Tukwila to consolidate the human services application and funding process. 3. EXHIBITS: Staff memo and Memorandum of Understanding (Interlocal Agreement) • 4. RECOMMENDED BY: Staff& Parks Committee (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6L t Parks, Recreation and Community Services John Hodgson, Director Phone 253-856-5110 " KE r, Fax 253-856-6050 vWWASHINGTON Address 220 Fourth Avenue S Kent, WA 98032-5895 Memorandum DATE January 3, 2003 TO. Kent City Council - Parks Committee FROM Kathenn Johnson, Housing and Human Services Manager THROUGH John Hodgson, Director Parks, Recreation & Community Services . RE: Memorandum of Understanding for Implementation of A Joint Human Services Application And Funding Program The cities of are entering into an interlocal agreement for planning, funding, and implementation of a joint human services application and funding program. The purpose of the MOU is to set up a cooperative arrangement between the Cities of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Renton, SeaTac, And Tukwila to consolidate the human services application and funding process Four nonprofit human services agencies, commonly funded by many of the Cities, have been designated by the Cities for calendar year 2003. Nonprofit agencies may be added or deleted each year as determined by the Cities for the cooperative program The agencies were selected based on the following criteria ✓ Commonly funded by jurisdictions ✓ Consistently met contractual requirements ✓ Demonstrated effectiveness ✓ Demonstrated accountability Exhibits* Memorandum of Understanding (Interlocal Agreement) Recommended Motion Move to recommend approval the Memorandum of Understanding and authorize the Mayor to execute the Memorandum of Understanding MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF AUBURN, BURIEN, COVINGTON, DES MOINES, FEDERAL WAY, KENT, RENTON, SEATAC, AND TUKWILA FOR PLANNING, FUNDING, AND IMPLEMENTATION OF A JOINT HUMAN SERVICES APPLICATION AND FUNDING PROGRAM. THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into pursuant to Chapter 39.34 RCW by the Cities of Auburn,Burien, Covington, Des Moines, Federal Way, Kent, Renton, SeaTac, and Tukwila, Washington hereinafter referred to as "Cities", to provide for planning, funding, and implementation of a Joint human services application and funding program WHEREAS, the Cities engage in activities which support human service providers in King County; and WHEREAS, the parties wish to make the most efficient use of their resources by cooperating to provide funding to support human service providers in south King County; and WHEREAS, through the Interlocal Cooperation Act, the parties have the authority to engage in cooperative efforts which result in more efficient use of Government resources, and NOW THEREFORE, and in consideration of the terms, conditions and performances made herein, it is agreed as follows. 1 Purpose of MOU The purpose of the MOU is the set up a cooperative arrangement between the Cities to consolidate the human services application and funding process Four nonprofit human services agencies, commonly funded by many of the Cities, have been designated by the Cities for calendar year 2003 Nonprofit agencies may be added or deleted each year as determined by the Cities for the cooperative program. 2 Joint Participation a) Lead City. A Lead City will be designated by the Cities for each Nonprofit Agency, as shown in Exhibit A, to act as the fiscal and administrative agent for the Cities for that Nonprofit Agency. A Lead City is usually established by the amount of funding and/or support to the particular Nonprofit Agency The responsibilities of the Lead City are described in Section 4. b) Participating City. A Participating City is a city participating in the cooperative funding of a Nonprofit Agency, who is not a Lead City. Participating Cities for each Nonprofit Agency are identified in Exhibit A A Participating City shall review quarterly reports from the Nonprofit Agency. If a Participating City becomes concerned with a Nonprofit Agency's services, it will promptly notify the Lead City. If a Participating City determines that a Nonprofit Agency is not performing satisfactorily for their city, the Participating City reserves the right to request the Lead City to withhold payments to the Nonprofit Agency for their share of funding. In the event that a claim or lawsuit is initiated by a Nonprofit Agency against any City for withholding payment, the City requesting the withholding of payment shall be responsible for settling or defending the claim or lawsuit In addition, in the event of any settlement of or judgment on the claim or lawsuit, the City requesting that payment be withheld shall be fully responsible for the payment of such settlement of judgment and shall indemnify, defend, and hold harmless the other Cities for such settlement or lawsuit c) Nonprofit Agency. For calendar year 2003, the Cities identified and agreed that they will coordinate to consolidate the human services application and funding process for the following four Nonprofit Agencies. Crisis Clinic, King County Sexual Assault Resource Center, Community Health Center, and the Part-Time Domestic Violence Planner through the King County Coalition Against Domestic Violence Nonprofit Agencies may be added or deleted each year as determined by the Cities for the cooperative program 3 Funding Arrangement. a) Allocation Each Participating City shall provide to the Lead City no later than March 31st of each year, the total annual funding allocation approved by their City Councils for the Nonprofit Agency, as described in Exhibit A. No administrative costs shall be imposed by the Lead City to the other Participating Cities. Exhibit A will be updated each year to show the Nonprofit Agencies, Lead Cities, Participating Cities, and funding amounts for that calendar year b) Return of Unspent Funds Any monies that the Nonprofit Agency(s) does not spend during the calendar year shall be proportionately returned to each Participating City On or before March 3 1" of the next calendar year the Lead City will provide the unspent funds to each Participating City. 4 Responsibilities of Lead City A Lead City has been designated to act as the fiscal and administrative agent for the Cities for each Nonprofit Agency, as shown in Exhibit A The responsibilities of the Lead City shall include the following a) Send an invoice to each Participating City by January 30`h of each year for their annual approved allocation to the Nonprofit Agency b) Contract with the Nonprofit Agency each year, for the total funding allocated by the Participating Cities, detailing performance measures to be performed by the Nonprofit Agency for each City. c) Receive, review, and process the quarterly invoices and reports from the Nonprofit Agency Quarterly reports shall describe services provided specifically to each City Disputes regarding billings will be resolved among the Participating Cities d) Provide copies of quarterly reports to the Participating Cities, if the reports are not provided directly by the Nonprofit Agency. e) Provide the Nonprofit Agency with a funding application and technical assistance as required. f) Perform an annual monitoring visit of the Nonprofit Agency, to include the participation of another Participating City g) Maintain accounts and records which properly reflect transactions related to this MOU. 5 Duration This MOU shall become effective when it is approved by a majority of the Cities and shall remain in effect through December 31, 2003, with automatic extensions annually, unless terminated as described in section 6. 6 Termination Any party may terminate its participation in the MOU without cause by giving the other Cities a thirty day written notice. The terminating party shall remain fully responsible for meeting its funding responsibilities and other obligations established by this MOU through the end of the calendar year in which such notice is given 7. Notices Notices to the Cities shall be sent to the following persons: city Contact Auburn Planner, currently ShirleyAird Burien Management Analyst, currently Lon Fleming Covington Administrative Specialist, Human Services, currently Victoria Throm, Des Moines Senior Services Manager, currently Sue Padden Federal Way Human Services Manager, currently Lydia Assefa- Dawson Kent Human Services Manager, currently Katherin Johnson Renton I Contract Specialist, currently Dianne Utecht SeaTac Senior Project Coordinator, currently Sora a Lowry Tukwila Human Services Manager, currently Evelyn Bo kan 8 Indemnification. Each City agrees to indemnify the other Cities from any claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation costs, arising out of claims by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of such City, the City's employees, affiliated corporations, officers, and lower tier subcontractors in connection with this MOU. Each City hereby waives its immunity under Title 51 of the Revised Code of Washington for claims of any type brought by any City agent or employee against the other Cities This waiver is specifically negotiated by the parties and a portion of the City's payment hereunder is expressly made the consideration for this waiver 9. Insurance Each City shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $1,000,000.00 per occurrence/aggregate for personal injury and property damage. In the event that a City is a member of a pool of self-insured cities, the City shall provide proof of such membership in lieu of the insurance requirement above. Such self insurance shall provide coverage equal to or greater that required of non-self insurance pool member Cities 10 Oversight Committee This Agreement shall be managed by an Oversight Committee made up of one representative of each City. The representative of each City shall be that person designated in section 7 of this Agreement The Oversight Committee shall meet at least annually to discuss the terms of the Agreement and manage the services provided pursuant to the Agreement. 11. Applicable Law; Venue, Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be exclusively in King County, Washington The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. IN WITNESS WHEREOF, the undersigned have entered into this MOU as of this day of 2003 CITY OF AUBURN By Approved As To Form Title- City Attorney Date Attest: CITY OF BURIEN By: Approved As To Form Title: Date: City Attorney Attest: CITY OF COVINGTON By: Approved As To Form. Title- City Attorney Date: Attest: CITY OF DES MOINES By: Approved As To Form: Title: City Attorney Date: Attest: CITY OF FEDERAL WAY By. Approved As To Form• Title• City Attomey Date. Attest: CITY OF KENT By Approved As To Form: Title: City Attorney Date. Attest CITY OF RENTON By. Approved As To Form Title- City Attorney Date: Attest: CITY OF SEATAC By: Approved As To Form Title- City Attorney Date: Attest CITY OF TUKWILA By. Approved As To Form Title: City Attorney Date: Attest EXHIBIT A to Memorandum of Understanding (MOU) between the Cities for planning, funding, and implementation of a joint human services application and funding program. CALENDAR YEAR 2003 Name of Nonprofit Agency Participating Cities & Tentative Funding Crisis Clinic for the telephone Auburn -Lead City- $1,500 referral line Burien - $4,500 Covington - $5,000 Des Moines - $2,500 Kent - $5,000 Federal Way- $10,000 Renton - $3,300 SeaTac - $2,780 Tukwila - $2,000 TOTAL - $36 580 King County Sexual Assault Renton - Lead City -$35,000 Resource Center(KCSARC) Auburn - $26,500 for sexual assault services Bunen - $7,500 Covington- $3,500 • Des Moines - $4,000 Kent- $20,000 Federal Way- $35,000 SeaTac - $7,200 Tukwila - $14,000 TOTAL - $152 700 Community Health Centers Kent—Lead City- $58,450 for comprehensive medical Auburn - $27,550 services for low and moderate Covington - $3,200 income persons Federal Way- $31,827 Renton - $24,000 SeaTac - $10,600 TOTAL - $155,627 Part-Time Domestic Violence Kent—Lead City- $15,000 Planner through King County Renton - $5,000 Coalition Against Domestic TOTAL - $20,000 Violence for planning activities in South King County. Parks, Recreation and Community Services John Hodgson, Director Phone 253-856-5110 \ �6 T Fax 253-856-6050 Address 220 Fourth Avenue S Kent, WA 98032-5895 Memorandum DATE January 14, 2003 TO. Kent City Council - Parks Committee FROM Katherin Johnson, Housing and Human Services Manager THROUGH John Hodgson, Director Parks, Recreation & Community Services RE SHB 2060 - Background/Introductory Information INTRODUCTION Substitute House BIII 2060 (SHB 2060), which was passed by the 2002 Washington State Legislature, levies a surcharge on document recordings. Funds generated from the recording fee will be used to fund low-income housing projects that are affordable to households with incomes at or below 50% of area median income (AMI). The portion of the funds that are retained by the county must be allocated in accordance with an interlocal agreement between the county and the cities. The Interlocal will soon be presented to the King County Council for adoption and will be presented to the Kent City Council for consideration shortly thereafter. PLANNING PROCESS BETWEEN COUNTY AND CITIES King County Executive, Ron Sims, invited City representatives and community stakeholders to participate in the planning process to develop guidelines for the allocation of 2060 funds.' County staff convened three meetings to produce the guidelines; Kent Housing and Human Services staff participated in all three ' City representatives included Burien, Tukwila, Kent, Federal Way, Bellevue, Redmond, Kirkland, Issaquah, Shoreline, Covington, Seatac, Auburn, Seattle, and Bellevue In addition, a host of housing organizations participated in the planning process meetings. After the guidelines were produced, county staff circulated a draft of . the guidelines and the Interlocal Cooperation Agreement to the planning group for review and comment OVERVIEW OF 2060 GUIDELINES Who Will Administer 2060 Funds? King County Housing and Community Development Program (HCD) will serve as regional administrator of the 2060 program and will process fund applications from agencies and developers. Guidelines will be effective from 2003 to 2006; however, the planning group will reconvene to evaluate the program before the guidelines expire. The planning group will have an opportunity to re-negotiate the guidelines at that time. Who Will Make Funding Decisions? The King County Consortium's interjurisdictional Joint Recommendations Committee (JRC) will adopt program policies and make annual funding decisions in accordance with guidelines adopted by the King County Council, Consolidated Plans of the King County Consortium, and the City of Seattle. (Seattle guidelines will only apply to projects located within the City of Seattle A Seattle representative will be included on the JRC when the agenda comprises 2060 funding decisions In addition, the HOME Working Group, which comprises County, Cities and A Regional Coalition for Housing (ARCH), will expand to include a City of Seattle representative The HOME Working Group makes program and policy recommendations to the JRC.)2 Subregional Goals The planning group recommended that 2060 funds be spent based upon a subregional formula that combines 50% existing need and 50% future need "The figure for existing need is based on low-income households paying more than 30% of their income for housing. The figure for future need is based on the growth targets established through the regional Growth Management Planning Council ("GMPC")." Under this formula, the South King County subregion will receive 29.44% of funds (approximately $647,680, however this amount will change because the formula for existing need contains a proxy figure that will be replaced by current census data) Eligibility and Funding Priorities • Permanent housing • Transitional housing 2 Although Seattle representatives participated in the planning process, the Seattle City Council may object to regional administration of the funds and request a direct allocation of its portion . Emergency shelters for youth and adults Eligible Populations: • Housing projects/units must serve households at or below 50% AMI • Families • Homeless Individuals and families • Special needs populations Disabled persons Who is Eligible to Apply? • Non-profit organizations • Public Housing Authorities • Local Governments For-profit entities (projects built with Housing Trust Funds) Funding Priorities: • Priority 1: Acquisition, rehabilitation and/or new construction • Priority 2: Building operations and maintenance (O & M)3 costs for transitional housing built with Housing Trust Funds that require supplemental funds to cover ongoing operating expenses • Priority 3: Operating costs for emergency shelters and licensed overnight . youth shelters • Priority 4: Rental assistance vouchers that are administered in accordance with the Section 8 voucher program Exhibit. HB 2060 Low-Income Housing Fund Guidelines (Draft) 3 O&M costs for transitional housing and emergency shelters will be maintained at 16%of the local portion of 2060 funds ($2 2 million)and will support projects that are not funded by the State 0 & M fund DRAFT . HB 2060 Low-Income Housing Fund Guidelines King County A. Introduction The provisions of House Bill 2060 became law in Washington State on June 13, 2002 The law created a document recording fee on certain documents to be utilized for low- income housing. Administration of the fund is shared between local governments and the State The local portion of 2060 funds is to be administered pursuant to a cooperative agreement between the County and the Cities and Towns within the County. The work of the Housing Finance Task Force ("HFTF"), appointed by the King County Growth Management Planning Council in 1994, led to the passage of HB 2060 In recognition of the work and recommendations of the HFTF, a 2060 planning group was invited to come together to produce guidelines for the King County 2060 funds The King County 2060 planning groups is made up of City representatives, County representatives and representatives from various housing organizations in King County B. Duration of the Guidelines The 2060 Fund guidelines shall be in effect for a four year period, beginning in 2003. The duration of the guidelines shall be from 2003 (to be filled in after Council adoption)to December 31, 2006. Prior to the expiration of the 2060 guidelines the King County 2060 planning group shall be reconvened to evaluate the 2060 Fund program, and to re-negotiate the guidelines, if desired. C. Administration of the 2060 Fund The King County 2060 Fund shall be administered as a regional fund by the King County Housing and Community Development Program ("HCD"), through its Housing Finance Program ("HFP") and Homeless Housing Program ("HHP") Sections Housing developers and agencies throughout King County can apply for 2060 funds through the King County HCD Program. ' City representatives included staff from the cities of Bunen,Tukwila, Kent,Federal Way,Redmond, Kirkland,Issaquah,Shoreline,Covington,Seatac,Auburn,Seattle,Bellevue and ARCH Housing organization representatives included staff from the following Seattle-King County Housing Development Consortium, Impact Capital,South King County Multi-Service Center,Hopelink,Fremont Public Association, Seattle Habitat for Humanity,South King County Habitat for Humanity,Friends of Youth,The Salvation Army,Community Psychiatric Clinic,Lifelong Aids Alliance,St Andrews Housing Group,Housing Resource Group,EDVP,YWCA,Mental Health Housing Foundation,Rental Housing Association,Highline-West Mental Health,Valley Cities Counseling, Seattle Emergency Housing Service, Common Ground,Vietnam Veterans Leadership Program 1. Fund Recommendations and Approving Body The King County Consortium's interjunsdictional Joint Recommendations Committee ("JRC") shall be the body that reviews and adopts 2060 program policies and funding decisions each year Program policies and funded projects must be consistent with the King County Council adopted 2060 Fund Guidelines and the adopted Consolidated Plans of the King County Consortium and the City of Seattle when projects are located in the City of Seattle Due to the regional nature of the 2060 fund, the JRC will be expanded to include a representative from the City of Seattle for any committee meeting which involves 2060 Fund decisions The existing HOME Working Group (County, Cities and ARCH staff), which makes program policy and funding recommendations to the JRC will also be expanded to include staff from the City of Seattle as the 2060/HOME Working Group. City of Seattle staff will only participate in 2060 Fund issues 2. Subregional Geographic Goals The King County 2060 Fund will be a flexible fund that can address regional and Subregional housing needs The fund will utilize a system for working towards geographic equity over the 4-year period of the guidelines through subregional goals. a. Formula for Subregional Goals The subregional goals are expressed as a percentage of 2060 dollars based upon a formula that blends 50% existing need and 50% future need for each subregion The figure for existing need is based on low-income households paying more than 30% of their income for housing The figure for future need is based on the growth targets established through the regional Growth Management Planning Council ("GMPC") (*The figure for existing need is currently being derived from 2000 census data and will be inserted as soon as it is available. If not available by the time the guidelines are adopted by Council, we will inform them that they will be inserted before we amend the Consolidated Plan to include the guidelines [which the KC Council adopts]) b. Subregional Areas and Target Percentage of Funds Subregion Percent of Funds Approximate amount based on $2.2 million me/year City of Seattle 40 23% $885,060 00 North/East 30.33% $667,260 00 (urban & rural areas) (ARCH portion of N/E) (22 49%) ($494,780.00) South 29 44% $647,680.00 (urban &rural areas) C. Working Group Monitoring of Subregional Goals The 2060/HOME Working Group will monitor the regional distribution of 2060 capital funds every year and will be responsible for discussing and proposing actions to aid in the achievement of geographic equity in the dispersion of 2060 dollars over the 4-year period of the guidelines Proposed actions to achieve geographic equity will be reviewed by the JRC 2060 Working Group members will, to the extent possible, participate in actions taken to aid in the achievement of fund equity in the region. A thorough evaluation of the 2060 fund, including but not limited to geographic distribution,will begin immediately following the 2005 funding cycle. D. Use of the 2060 Fund 1. Eligibility and priorities Eligible types of housing projects, • permanent housing projects or units • transitional housing projects or units • emergency shelters for youth and adults Eligible populations. • all housing projects or units within housing projects must serve households at or below 50% of area median income ("AMP') • Families • Homeless individuals and families, including youth 2 The figures utilized here contain a proxy figure in the formula for existing need The proxy figure is all households paying more than 30%of their income for housing This figure will be replaced as soon as possible by a figure for low-income households only • Special needs populations, including seniors • Households with a disabled person(s) Fund Prorities Top Priori —Acquisition (including land acquisition for eligible housing), Rehabilitation and/or New Construction of eligible housing projects or units within housing projects. *Establishment of a capitalized maintenance reserve would be eligible under the categories of Rehabilitation and New Construction Second Priority- Building operations and maintenance costs for transitional housing projects or transitional units within housing projects that were built with Housing Trust Fund dollars, and that require a supplement to the rental income in order to cover ongoing operating expenses. Third Priority- Operating costs for emergency shelters and licensed overnight youth shelters Last priority - Rental assistance vouchers to be administered by a local housing authority in conformity with the Section 8 program [If you recall from our discussion at the last 2060 meeting we were going to be looking at ways to accommodate the interests of parties to the planning�group through existing mechanisms in order to reduce overall administrative costs—the best way to do this is to have one-time capital grants available for maintenance reserves through HFP, and to use the operating $ for transitional and shelter projects through the Homeless Housing Program (HHP)1 Eligible Applicants• • Nonprofit organizations • Public Housing Authorities • Local Governments • For-profit entities (only eligible for the Top Priority due to 2060 legislative restriction that operating dollars go to projects "built with Housing Trust Funds") 2. 2060 Operations and Maintenance Fund The percentage of the local portion of 2060 funds to be utilized as O&M for transitional housing projects and emergency shelters will be 16% of the average amount of the local portion of 2060 dollars ($2 2 million), the percentage of funds for other uses will be about 84% of the $2 2 million average amount a New construction is not eligible if the low-income housing vacancy rate(to be established by the State) exceeds 10% The intent of this division is to maintain a balance between O&M needs and the other priority needs, given that 40% of the locally collected funds are sent to the State for statewide O&M. In order to hold the O&M fund steady for multi-year commitments, the O&M portion of the fund will be held at the dollar figure for 16% of$2 2 million, or$352,000 per year, for the 4-year duration of the guidelines. As the local portion of the funds fluctuate from year to year, the O&M portion will remain at $352,000 and the remainder of the local portion will be available for the other priorities. The local O&M funds will be utilized to support projects that the State O&M fund will not support. Given that the top priorities for the State O&M dollars are new housing projects and shelters receiving Emergency Shelter Assistance Program ("ESAP") funds,the local fund will prioritize existing projects and shelters that do not receive ESAP funds The local O&M fund will be administered through the King County HCD Program's Homeless Housing Programs ("HHP") Section. The HHP will convene a focus group of interested city representatives and stakeholders to further develop the O&M program(s), including minimum and maximum grant awards per project, and the Requests For Proposals. The HHP staff will convene a panel of reviewers for each RFP cycle and will relay the panel's recommendations to the JRC for final approval 3. 2060 Capital Funds 2060 capital dollars will be administered by the King County Housing and Community Development Program's Housing Finance Program (HFP), in conjunction with other fund sources administered by the program. The HFP staff participate in the 2060/HOME Working Group to develop housing program policies and funding recommendations to the JRC for review and adoption The HFP staff will work with the 2060/HOME Working Group to develop 2060 Fund program policies pursuant to the King County Council adopted 2060 Fund Guidelines REPORTS FROM STANDING COMMITTEES AND STAFF A COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C PUBLIC SAFETY COMMITTEE D. PUBLIC WORKS E. PLANNING COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS REPORTS FROM SPECIAL COMMITTEES PARKS COMMITTEE MINUTES DECEMBER 10, 2002 COMMITTEE MEMBERS PRESENT: Chair Judy Woods, Connie Epperly, Bn STAFF PRESENT: John Hodgson, Mike Martin,Brett Vinson, Brenda Abney, L Leona Orr, Tim Clark, Lon Hogan, Dan Meeker, Shane Gilbertson,David Heldt, Chris tla..._ Kurt Hanson, Jackie Bicknell PUBLIC PRESENT: Debbie Ranniger, Michael Moriarty, Brian Curtis, Michelle McDowell, Jim Bemos, Steven A McDowell, Stephen Crowell, Jim Drotning The meeting was called to order at 4.00 PM by Chair Judy Woods Approval of Minutes of November 12, 2002 Committee Member Bruce White moved to approve the minutes of November 12, 2002 The motion was seconded by Committee Member Connie Epperly and passed 3-0 2003 City Art Plan and Five Year City Art Plan 2003-2008 Visual Arts Coordinator Brenda Abney presented the 2003 City Art Plan and the Five Year City Art Plan for years 2003-2008. Some of the projects accepted by the Visual Arts Committee and passed on to the Kent Arts Commission for approval were. Community Artwork at Kent Memorial Park; Downtown Gateway "Seat Art" Project, Downtown Gateway Banners, Design Team Artist— Service Club Ballfields, Tram Corridor Improvements; Public Art Partnership— Kent Resource Center(mosaic for exterior area), and Portable Art Collection Purchases. Future projects include incorporating artwork at Three Friends Fishing Hole in 2004, murals, and incorporating art at a couple of neighborhood parks, Town Square Park(when that develops), and at 132"a Bruce White moved to accept the 2003 City Art Plan and Five Year City Art Plan, 2003- 2008. The motion was seconded by Connie Epperly and passed 3-0. Lake Meridian Water Ski Course Report Steve McDowell, 25860 136` Ave his water ski group would like to put a slalom course on Lake Meridian with a submarine system that would allow it to sink. The course has been out on the lake for a couple of months and is used maybe twice a week for a couple of hours each time(weather permitting). The boats the ski club uses are very non wake specific and there's no jumping involved. Sinking the course gets it out of the way of fishermen and it doesn't draw people from other areas because it's only up when the group brings it up Parks Director John Hodgson said the group had communicated with the Fish and Wildlife representative from this area and were anticipating a letter of approval from that agency. A big issue is governance on the lake. A number of City codes gives the City authority to regulate what happens on the lake on certain days and time of day. Mr Hodgson said water skiing was an acceptable activity on the lake during certain times of the day, and the difference from what's already happening is the apparatus would be on the lake bottom for a given period of time Parks Committee, 12/10/02 2 The Permit office and Planning Department have been asked to review the request, and there are • three potential permits that the group would need to get the Shoreline Substantial Development Permit, a Conditional Use Permit, and the SEPA permit When the process goes to Conditional Use (which could take 90-120 days), there would be a public hearing so people could speak to the issue. City Planner Chris Hankins, said that under the Conditional Use Permit process, specific criteria would be evaluated and analyzed by staff and then a recommendation made to the Hearing Examiner. Everything has to be consistent with the Shoreline Master Program and the Shoreline Management Act for the State of Washington. Jim Drotmng, Lake Meridian resident, commented that many of the property owners around the lake own land out to the middle of the lake and own the bottom of the lake He questioned how the City could allow people to go onto private property John Hodgson said the authority issue would be addressed in the permitting process and that it may be a question of getting easements or some type of permission. Wilson Playfields Report Parks Planning and Development Superintendent Lori Flemm gave a slide presentation showing the layout of the Wilson Playfields sports complex located at 24871 132"d Avenue SE (formerly called the East Hill Youth Sports Complex during the planning, permitting, and construction phase) Ms. Flemm said there were two multi purpose synthetic fields, a restroom building, picnic shelters at both ends of the building, and parking for 270 vehicles. Use of tax dollars was maximized at the complex by providing for several sports and year round use at the one site, such as a youth track program, three flag football fields, and the ability to have three baseball/soccer games going at once The Playfields were dedicated on November 26"' and opened for play on December 0. The park is named for Barney Wilson who was Kent's first Parks and Recreation Director. Lon Hogan, Recreation/Cultural Services Superintendent, added that the park opens at 9 o'clock in the morning and closes at 9 o'clock at night with the exception that during the school year the park opens at 3 o'clock. There are special rules of use in place and additional security because of the artificial turf. The park is available by reservation only on a trimester basis or as space is available. The gates are locked when the park isn't in use by a group who has reserved the space. Ms. Hogan said a reservation packet was available at Kent Commons. Kent Pool—Options for Continuance of Operation Chief Administrative Officer Mike Martin said the City of Kent had been working with the county and the community to try and come up with options to keep the Kent pool operating. One proposal submitted to the county was to have a local swim club operate the pool with the City subsidizing the operation and temporarily owning the pool If certain conditions weren't met or the pool was financially unsuccessful, the pool would revert to the county The county responded in late November that the proposal was not acceptable to them. John Hodgson went over four options for the Council to consider concerning the pool, including (1) The proposal from the King Aquatic Club for the City to take transfer of the pool and subsidize it for up to $20,000 per year, with the King Aquatic Club managing the pool. (The . county rejected the reversion element of the proposal ) Parks Committee, 12/10/02 3 (2) The Northwest Center taking transfer of the pool with the City contracting for management of the pool and subsidizing it for $100,000 per year plus a COLA (3) The City providing up to $175,000 to the county for one year of reduced operation During the year, the City would make a determination whether the pool would stay open or close (4) King County mothballing the pool for a year and allowing that time to determine future operation or closure of the pool Mr Hodgson mentioned that there was $250,000 in an account for the East Hill Skate Park, which money could be deferred to the pool In response to Judy Woods question about pool ownership, Mr Hodgson said he would need to find out from the county what authority they had to transfer the pool to anon governmental agency The King Aquatic Club could potentially have the pool transferred to them,but they did not want to own the pool Mr. Hodgson handed out five motions that pertained to the different proposals and gave a brief description of each Connie Epperly moved to pass the pool issue to Council without a recommendation. The motion was seconded by Bruce White and passed 3-0. In further discussion about the school district's involvement, Councilmember Leona Orr noted that after speaking with a Kent School Distnct board member that afternoon, it was her understanding that an email the Council had received from Scott Floyd was not sent on behalf of . the school board and that the board had not taken any official action She suggested trying to find out exactly what their position was Bruce White said he would like to know for certain what the costs for disposition would be and what the school district would require if the pool closed. The meeting adjourned at 5 18 PM Jackie Bicknell Council Secretary . PUBLIC SAFETY COMMITTEE MINUTES NOVEMBER 129 2002 COMMITTEE MEMBERS PRESENT: Chair Connie Epperly, Julie Peterson, Rico Yingling STAFF PRESENT: Ed Crawford,Jim Schneider, Pat Fitzpatrick, Stacy Judd, Debra LeRoy, Nancy Mathews, Jackie Bicknell The meeting was called to order at 5.18 PM by Chair Connie Epperly. Approval of Minutes of October 8, 2002 Committee Member Rico Yingling moved to approve the minutes of October 8, 2002. The motion was seconded by Committee Member Julie Peterson and passed 3-0. Local Law Enforcement Block Grant Police R&D Analyst Debra LeRoy requested authorization to accept the Local Law Enforcement Block Grant which would be used for Crime Investigative Equipment, Safety Education Office/Scooterville Program, Citizens Cotps Program,Children's Crime Prevention TV Show, and Officer Training Equipment. The grant has a 10% match by the City of$7,601 and an estimated interest bearing account of approximately$1,600. Julie Peterson moved to recommend that Council accept the LLEGB Grant in the amount of$68,410 and establish a budget for the same. The motion was seconded by Rico Yingling and passed 3-0. Washington State Division of Alcohol and Substance Abuse RUaD Grant Police Chief Ed Crawford handed out a sheet of fatality statistics for youths 15-19 years old showing figures for before and after the Drinking Driver Task Force was established He also presented slides showing the accomplishments of the Drinking Driver Task Force in reducing drinking and driving accidents. He said this was the second phase of the RuaD Grant, which helps to fund programs within the Drinking Driver Task Force, including compliance checks, the Youth Conference, and enforcing underage drinking laws. This year the Youth Board,composed of youth from the various high schools within Kent and the surrounding communities,received a Civil Rights Award (one of three given at the International Association of Police Chiefs' Conference) for their work on the Youth Conference. Chief Crawford extended an invitation to Councilmembers to come to this year's Youth Conference,which would be held December 9`h, 10`', and 1 Vh, Rico Yingling moved to recommend that Council accept the Washington State Division of Alcohol and Substance Abuse"Reduce Underage Drinking"Grant in the amount of $60,200 and establish a budget for same. The motion was seconded by Julie Peterson and passed 3-0. i Public Safety Commuttee, 11/12/02 2 Washineton Traffic Safety Commission Grant for Traffic Equipment Chief Ed Crawford said this grant had previously been authorized but wasn't accepted because the Police Department was already emphasizing seat belt enforcement in normal operations. However, a month ago, the Department discovered data that qualified it for$4,000 from the Traffic Safety Commission for traffic enforcement equipment. Julie Peterson moved to recommend that Council accept the Washington State Traffic Safety Commission Grant in the amount of$4,000 and establish a budget for the same. The motion was seconded by Rico Yingling and passed 3-0. Washineton Traffic Safety Commission Grant—"Drive Hammered.Get Nailed"Campaien Chief Ed Crawford said that the "Drive Hammered, Get Nailed"Campaign was to remind people not to drive while under the influence of alcohol. The grant money would be used to hire officers to work on emphasis patrols to go after the drunk driver. Rico Yingling asked for clarification on the three self initiated contacts per hour. Chief Crawford said someone would have to have a traffic violation to be pulled over. Rico Yingling recommended that Council accept the Washington State Traffic Safety Commission Grant in the amount of$8,000 for November DUI/Seat Belt Overtime Funding for the"Drive Hammered, Get Nailed"Campaign,and establish the budget. The motion was seconded by Julie Peterson and passed 3-0. Kine County Reeional AFIS Live Scan Equipment Grant . Police Chief Ed Crawford explained that the Police Department already has one Automated Fingerprint Information System and the King County Regional AFIS Live Scan Equipment Grant would provide another machine which would be placed at the Annex The cost of the AFIS machine is borne through the levy that was voted on a couple of years ago,but there is still a cost to the City of$200 per month for line fees. Julie Peterson moved to recommend that Council accept the King County Regional AFIS Advisory Committee Grant of Re-deployed Live Scan Equipment and establish the budget documents. The motion was seconded by Rico Yingling and passed 3-0. Sale of Surplus Vehicle Fire Chief Jim Schneider requested authority to surplus a 1981 GMC/Manon aid car and to advertise the vehicle for sale in the local newspapers He said the aid vehicle is of no use to the Fire Department due to age,high mileage, and the cost to maintain it. The funds from the sale of the vehicle would go to the Apparatus Replacement Fund. Rico Yingling recommended that Council approve the request to surplus the 1981 GMC/Marion Aid Car(Apparatus 752-VIN#507894), and that the Fire Chief be authorized to advertise the vehicle in local papers with an asking price of$1,500 or best offer. The motion was seconded by Julie Peterson and passed 3-0. i Public Safety Committee, 11/12/02 3 Renewals of Lease Agreement with King County Medics Chief Jim Schneider said that King County Medics provides the advanced life support transport system in King County. Two of the medic units are in the City of Kent—one at Station 76 and one at Station 75. This agreement is identical to ones previously approved except the monthly lease fee was increased by CPI and the term of the agreement was extended through 2004 Julie Peterson moved to recommend that Council authorize the Mayor to sign the renewals of the Inter-Agency Lease Agreements between King County and the City of Kent. The motion was seconded by Rico Yingling and passed 3-0. Renewal of Office Space Lease Agreement with Svmtron Systems,Inc. Fire Chief Jim Schneider said that Symtron Systems, Inc , had been leasing office space from the City of Kent Fire Department since November, 2001. The arrangement has improved their response times for repairs and maintenance to the training tower bum simulators The lease agreement is identical to the previous agreement and has been extended for an additional year. Julie Peterson moved to recommend that Council authorize the Mayor to sign the lease agreement renewal between the City of Kent and Symtron Systems,Inc. The motion was seconded by Rico Yingling and passed 3-0. The meeting adjourned at 5:55 PM. Jackie Bicknell Council Secretary PUBLIC WORKS COMMITTEE MINUTES DECEMBER 2, 2002 COMMITTEE MEMBERS PRESENT: Chair Tim Clark, Julie Peterson, Rico Yingling STAFF PRESENT: Don Wickstrom, Lary Blanchard, Bill Wolmski, Pat Fitzpatrick, Jackie Bicknell The meeting was called to order at 5 08 PM by Chair Tim Clark. Approve Minutes of October 8, 2002 Committee Member Rico Yingling moved to approve the minutes of October 8, 2002 The motion was seconded by Committee Member Julie Peterson and passed 3-0 Drainage Systems Relationship to Vector Control—Presentation Larry Blanchard, Public Works Operations Manager, did a presentation on the West Nile Virus issue He said that the City of Kent has 377 acres of wetlands, 192 holding pond sites, and 43 private ponds There are also 2,500 private drainage systems with a variety of infrastructure— from ponds to underground holding tanks or P2 channels About half of those systems have been inspected. King County, in conjunction with the City of Kent, does a"dead bird surveillance" If a person spots a dead bird, particularly blue jays, crows or other"corvid"birds, they should contact the county, the county will pick up the bird and do a test to determine if the bird has been infected with the West Nile Virus King County is also involved in mosquito surveillance and they pull larvae from different sources to test for species that carry the West Nile Virus Out of 50 different mosquito species in this area, about six are known to be carvers Mr Blanchard said staff would contact King County if a phone call came in from a citizen about a mosquito problem There were no calls this year or last year Ways to eradicate the mosquito larvae are to remove debris and garbage, get nd of standing water, and keep ram gutters cleaned out. People should wear long shirts or pants and use insect repellant when they are out during prime bite times. Bill Wohnski, Environmental Engineering Manager, added that under normal conditions there is a diverse community of different organisms in a pond or wetland such as birds, amphibians, and insects that create a balance by feeding on mosquitoes and keeping the population down He said staff would continue to stay in touch with the Seattle/King County Health Department and the State (which is linked to the Federal Center for Disease Control) and, as information is developed, would relay that to the citizenry through the City's web site Mr. Wohnski said the issue was serious,but a low health hazard in significance at this time in the State of Washington It was decided that the next Public Works Committee meeting would be held on January 6, 2003 The meeting then adjourned at 5.24 PM. Jackie Bicknell Council Secretary CONTINUED COMMUNICATIONS A. • i EXECUTIVE SESSION A) Property Negotiations e ACTION AFTER EXECUTIVE SESSION A) n • fi.