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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 10/02/2007 1 lal 10 Gty of Kent CityCouncil Meeting . �. 114 Agenda . October 2, 2007 ' Mayor Suzette Cooke Deborah Ranniger, Council President Councilmembers Elizabeth Albertson Bob O'Brien Tim Clark Debbie Raplee Ron Harmon Les Thomas KENT ■ WASHINGTON ■ City Clerk's Office KENT CITY COUNCIL AGENDAS \S7 K E N T October 21 2007 W A 5 M I N G T ON Council Chambers ' MAYOR: Suzette Cooke COUNCILMEMBERS: Deborah Ranniger, President Elizabeth Albertson Tim Clark Ron Harmon Bob O'Brien Debbie Raplee Les Thomas COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Health Care/Health Savings Becky Fowler 30 minutes 2. Fire Response Standards Chief Schneider 30 minutes COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B FROM THE PUBLIC—Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Make A Difference Day Proclamation D. ReLeaf 2007 Proclamation E. Employee of the Month F. Economic Development Report 5. PUBLIC HEARINGS A. Ballot Proposition No. 1: Sound Transit (A Regional Transit Authority) and RTID (A Regional Transportation Investment District), Regional Roads and Transit System 6. CONSENT CALENDAR A. Minutes of Previous Meeting—Approve B. Payment of Bills—Approve (Continued) COUNCIL MEETING AGENDA CONTINUED C. 2008 Budget— Set Date for Second Public Hearing D. 2008-2013 Capital Improvement Plan— Set Date for Second Public Hearing E 2007 Tax Levy for 2008 Budget— Set Date for Public Hearing F. Kent Comprehensive Plan and Kent City Code Chapter 12 13, School Districts Capital Facilities Plan and 2008-2013 Capital Improvement Plan— Set Date for Public Hearing G. 2007 Budget Amendment Regarding Firefighter Positions—Approve H. Public Defense Services Contract Amendment—Approve I. King County Domestic Violence Grant for Safe Havens—Authorize J. Safe Havens Fees for Service — Accept and Amend Budget K. Washington State DSHS Access and Visitation Grant for Safe Havens—Accept and Amend Budget L. Amendment to Human Services Commission Ordinance—Adopt M. 2008 Washington State Arts Commission Grant— Accept and Amend Budget N. 2007 Second Quarter Fee-m-Lieu Funds—Accept and Amend Budget O. King Conservation District Reimbursable Grant for Green River Trail 1 Improvements—Accept and Amend Budget 7. OTHER BUSINESS None 8. BIDS None 4. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11. ECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Pending Litigation 12. 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 and complete packet are 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. 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A) FROM COUNCIL, ADMINISTRATION, OR STAFF i B) FROM THE PUBLIC 1 l 1 t 1 t 1 i i i PUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION B) COMMUNITY EVENTS C) MAKE A DIFFERENCE DAY PROCLAMATION D) RELEAF 2007 PROCLAMATION I E) EMPLOYEE OF THE MONTH F) ECONOMIC DEVELOPMENT REPORT 1 Whereas, the City of Kent has a strong and active volunteer community; and Whereas, connecting with others and working together through volunteer service will unite the diverse grodps in'our community`to undertake and complete a successful project;.and �x'_ ; ".4 �? Whereas, since'2002 the City of Kent has held a ReLeaf volunteer event to focus on reforestation and revegetation of parks, open spaces and wildlife habitat in ; Kent; and Whereas, to date more than;463'volunteers have planted trees as part of ReLeaf, contributing over 1,236 hours with a value to the City of nearly $15,000; and Whereas, volunteer service is an investment in the future we all must share and contribute to; and iWhereas, Kent Parks, Recreation and Community Services Department is dedicated to enriching lives by providing safe and Inviting parks, open spaces and facilities, and Whereas, Clark Lake Park's inlet stream provides shade and cover for migrating Coho salmon; NOW THEREFORE, I, Suzette Cooke, Mayor of the City of Kent, do hereby proclaim the day of Saturday, i October 13, 2007 as RELEAF 2007 In the City of Kent, and I encourage all citizens to join me in recognizing ■ the importance of this observance by volunteering your time to help in our community. In witness whereof, I have hereunto set my hand and caused the seal of Kent to be affixed this 2nd day of October 2007. Suze coke, Mayor I KEN T WAS041 N OTON - Kent has a strong and active volunteer community yeas, the COY of r rough voluntee eService omplete Whe and rking � uni to undertar , .�. ng vyi�oth and wo .w ers roues m our coma! - - Whereas, connectl the diverse 9 umx?.'-✓� ; roughout th will unite ro ; and'" " millions of volunteers improYe ,successful P _> K has joined" volunteer event t0 AT, 1p City of Wference pay Vince Ig95 theannual Make A SPaCes in Kent; and dedicated Whereas, , artment is de nation of p�arlcs,trails and 4, 1e: , Services DeP and faciiities quality and 'CornmunitY op spaces ReCreatson . � e and inv(ing Parks, en Kent Para -lives by Providing �> ' azine, an Whereas, enriching �;x; ,K Weekend mag goal t and,w : x� � ht �undadon, USA for a common of Kent the.Points of ty vAil join together the City in the Kent com �but Whereas volun facn %h �n Kent; and', share and con imPr ent in the future we all must Is , vest "• •' volunteer serice an in iL QW-mep'EFOREJ, Wh as, and °�`. ;.'{�;� �. ;, invest N oae ere to; ent; of this of gaturday, Oct wick Park Is deserving Proclaim the day Whereas, West Fen do hereby uzede Cooke, Mayor of the City of Kent' , . 29, 2007 as .14cfpAYn. MAKE p pIFffit *a�4 citizens to join me in reeognixing ton, and I eyou dme to help Make A•pifference encoura In the MY of Kent,Nlaobse vane by volunteering nce of this observance caused the Seal of Kent to be the importance - . in our con► nto set MY hand and whereof,I have riere2007; affixed s 2nd day Of October ` affixed • e ooke,Mayor K�t�T jKent City Council Meeting Date October 2, 2007 Category Public Hearings 1. SUBJECT: BALLOT PROPOSITION NO. 1: SOUND TRANSIT (A REGIONAL TRANSIT AUTHORITY) AND RTID (A REGIONAL TRANSPORTATION INVESTMENT DISTRICT), REGIONAL ROADS AND TRANSIT SYSTEM 2. SUMMARY STATEMENT: The purpose of this hearing is to receive comments from the public before the City Council determines whether to support the Sound Transit/RTID Ballot Proposition. Anyone who wishes to speak in support or opposition I of this ballot measure may do so at this hearing. At the conclusion of the hearing, the Council may also debate the issue and determine whether or not to support the Ballot Proposition. ` 3. EXHIBITS: Memo and project material 4. RECOMMENDED BY: N/A (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ i6. CITY COUNCIL ACTION: A. Councilmember moves, Councilmember seconds to close the public hearing. B. Councilmember moves, Councilmember seconds i DISCUSSION: 1 ACTION: Council Agenda Item No. 5A LAW DEPARTMENT Tom Brubaker, City Attorney Phone: 253-856-5770 IS K E N T Fax: 253-856-6770 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 October 2, 2007 To: Kent City Council Suzette Cooke, Mayor From: Tom Brubaker, City Attorney Regarding: Ballot Proposition No. 1• Sound Transit, Regional Roads and Transit System At tonight's council meeting, the council will conduct a second public hearing to receive public comments on the Sound Transit Regional Roads and Transit Systems ballot proposition that will be placed before voters at November's primary election. Should the council decide it wishes to extend its support to the ballot proposition, I have attached a draft resolution for your review. P\Civil\Motions-BlueSheets\RTID-CoverMemo❑oc RESOLUTION NO. A RESOLUTION of the city couddl 'of the city of Kent, Washington, expressing its support for Ballot Proposition No. 1: "Sound Transit (a Regional Transit Authority) and RTID (a Regional Transportation Investment District) to be put before voters at the; November 2007 general election. #X i RECITALS A. A 2000 report of the Washington State Blue Ribbon Commission on Transportation concluded that rapidly increasing traffic congestion in the Central Puget Sound was putting the region on a "collision course with reality," costing the region over $2 billion annually, and negatively impacting the economy, the environment, and overall quality of life. B. Six yeail� later, a Regional Transportation Commission provided additio4,, ata on the transportation challenges, noting that: • The region,had grown 42 percent between 1980 and 2000 while vehicle miles traveled increased 88 percent; • Drivers in the region experienced an average of 285,000 hours of delay each day - with truckers alone experiencing 45,000 of those delay hours; The same individual driver who would have experienced 16 hours of yearly delay in 1982 faced nearly three times as much (47 hours of annual delay) in 2003; and The region, overall, faces at least a $54.1 billion deficit between needed transportation investments and available transportation revenues. 1 Support for Ballot Proposition - ' RTID Roads and Transit Plan C. The public's assessment of the transportation challenge matches up with the data, in that virtually every local and regional survey and poll over the last several years ranks transportation as Central Puget Sound's No. 1 problem and the public-policy issue residents would most like to see resolved. Transportation is directly connected to the region's economic well-being, as it directly impacts rail and truck freight movement, commercial and industrial distribution networks, ports, and the ability of employees to get where they need to go. D. For Kent, the level of service of State Route 167 and Interstate 5, the availability of transit options, the absence of a completed I-S/State Route 509, and the overall transportation network has a dramatic impact on the city's ability to grow and thrive, protect its quality of life, and meet its land-use and planning , obligations under the city's comprehensive plan, six-year Transportation Improvement Plan, and Washington Mate Growth Management Act (GMA). E. As a jobs center, the Cif r of„Kent directly benefits from investment in transportation and, transit, particularly by better connecting transportation hubs, such as the downtown commuter rail parking garage, with the rest of the region and with major employers, such as The Boeing Co., REI, Food Services of America, UPS, Kwijak-Mara,ne, Kerit Station;"and the Green River and Highline community colleges. , F. The Washington State Legislature set the stage for the "Roads and Transit" ballot measure by creating Sound Transit (originally the "Regional Transit Authority") in 1992,,the Regional Transportation Investment District (RTID) in 2002, and the joint-ballot concept through legislation enacted in 2006 and refined in 2007 as ESHB 1396, calling upon Sound Transit and RTID to jointly plan, compile a list of transportation project and investments to benefit the region, and bring that package, together with sufficient revenue sources to finance it, to voters in the Central Puget Sound. i 2 Support for Ballot Proposition - RTID Roads and Transit Plan G. The Legislature reflected the belief consistently espoused by the public in surveys and focus groups, that a comprehensive investment in transportation requires a balance of roads and transit working together side by side, not one or the other or one versus the other. RTID and Sound Transit have spent over a year developing and reshaping that comprehensive plan, holding public hearings and town meetings, and assembling a package that addresses key highway corridors and choke points, safety, freight mobility, an extended light-rail network, and other multi-modal solutions. For Kent, projects in the package that are particularly beneficial include the vital build-out and completion of the I-5/SR- 509 project; new general-purpose lanes on SR-167 southbound from 1801h Street to 277th Street; carpool lane completion on ,the 167 corridor in King County and r the extensions of the 167 New Freeway in:;Oierce County into the Pout, of Tacoma complex; a $316 million project to build an "HOV, to HOV" interchange connection between SR-167 and Interstate 405; and extension of light-rail transit through Kent's West Hill. H. City of Kent officials have actively partloipated in the development of the "Roads and Transit" package, playing key roles in helping to ensure placement of the I-5/SR-509 project, inclusion and funding for the new GP lanes on SR-167 southbound, and, together with Renton and' Auburn, inclusion and funding for the SR-167/I-405 "HOV to HOV" interchange. The City also believes that light-rail transit extension through Kent (connecting SeaTac Airport and the Tacoma Dome) is consistent with and enhances the transportation and economic development vision the City has for the West Hill, particularly including the revitalization of Pacific Highway. '' i;;; I. RCW.#2.17.130 allows the City to take a position on a ballot proposal if action is taken at an open meeting, the notice of which included the title and number of the ballot proposition, and if members of the public, and members of the legislative bodies involved are afforded approximately equal opportunity for the expression of an opposing view. On September 18 and October 2, 2007, at open public meetings, and having given proper notice, the City conducted public hearings to hear from both proponents and opponents of the Roads and Transit Plan ballot proposition. The Roads and Transit Plan, if approved 3 Support for Ballot Proposition - RTID Roads and Transit Plan by voters, will provide millions of dollars of road improvements in and around the City of Kent. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Findings. The Kent City Council adopts the foregoing recitals as their findings as if each was set forth herein. SECTION 2. - Support for Ballot ProposiHomi, The Kent arty Council hereby expresses its support for the Roads and Transit Plan that will appear on the November 6, 2007, ballot, and encourages Kent voters to cast their ballots in support of the proposal. SECTION 3. - SeverabllltY. If any section, subsection, paragraph, sentence, clause or phrase of this resolution isdeclared unconstitutional or invalid for any reason, such decision shall not affect the 'validity of the remaining portions of this resolution. SECTION 4. ='Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTIONS - Effective date. This resolution shall take effect and be in force immediately upon�its passage. PASSED at a reg6far open public meeting by the city council of the city of Kent, Washington, this:' day of October, 2007. CONCURRED in by the mayor of the city of Kent this day of October, 2007. SUZETTE COOKE, MAYOR 4 Support for Ballot Proposition - RTID Roads and Transit Plan ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: 4y TOM BRUBAKER, CITY ATTORNEY w It' ll I hereby certify that this Is a true and correct copy of Resolution No. passed by the city council of the city of Kent, Washington, the day of October, 2007. BRENDA JACOBER, CITY CLERK P\Civil\Resolution\BallotPropositmn RTID-RoadsTransitPlan doc ii i 5 Support for Ballot Proposition - RTID Roads and Transit Plan CONSENT CALENDAR ' 6. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through O. Discussion Action ✓�� ' 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of September 18, 2007. t 6B. Approval of Bills. ' Approval of payment of the bills received through August 31 and paid on August 31 after auditing by the Operations Committee on September 19, 2007. ' Approval of checks issued for vouchers: ' Date Check Numbers Amount 8/31/07 Wire Transfers 2961-2977 $1,567,268.92 8/31/07 Regular 611352-61282 41209,35167 ' 5/31/07 Void Checks (1,075 03) Use Tax Payable 20,620.19 ' $5,796,165.75 Approval of payment of the bills received through September 15 and paid on September 15 after auditing by the Operations Committee on September 19, 2007. Approval of checks issued for vouchers: ' Date Check Numbers Amount 9/15/07 Wire Transfers 2978-2995 $1,752,649.34 9/15/07 Regular 612083-612517 1,469,836.21 5/31/07 Void Checks 000 Use Tax Payable 4,354.58 $3,226,840 13 ' (Continued on back) Council Agenda Item No 6 A-B r 6B. Approval of Bills. Approval of checks issued for payroll for August 28 through August 28 and paid on August 28, 2007: Date Check Numbers Amount ' 8/28/07 Void 299869 ($235.18) 8/28/07 Interim Checks 299894 $235 18 Total Interim Payroll $ 000 Approval of checks issued for payroll for August 16 through August 31 and paid on September 5, 2007: Date Check Numbers Amount ' 9/5/07 Checks 299895-300202 $ 271,756.50 9/5/07 Advices 218183-218904 1,369,890 36 Total Interim Payroll $156411646 86 Approval of checks issued for payroll for September 1 through September 15 and paid on September 20, 2007: ' Date Check Numbers Amount ' 9/20/07 Checks 300203-300502 $ 239,583.49 9/20/07 Advices 218905-219628 1,367,177.34 Total Interim Payroll $1,606,760.83 1 1 Council Agenda ' Item No. 6 A-B 1 Kent City Council Meeting KENT.SNINOTON September 18, 2007 W The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. ' Councilmembers present Albertson, Clark, Harmon, O'Brien, Ranniger, Raplee and Thomas. (CFN-198) ' PUBLIC COMMUNICATIONS A Public Recognition. (CFN-198) Parks Director Watling announced that Parks and Open Space Superintendent Lon Flemm has been named Professional of the Year by the International Parks and Recreation Professionals Association. Mayor Cooke also noted that a group of young women from Kent's Sister City of Sunnfjord, Norway, were recently here to play in a volleyball tournament and thanked the residents of Kent for their support with housing. B. Community Events. (CFN-198) Council President Ranniger announced that the Community ' Center at Phoenix Academy is now open and that the 10`h anniversary season of the Spotlight Series begins this weekend. Mayor Cooke invited the public to a Shoot the Puck celebration at the Kent Events Center site on September 25. Thunderbirds Owner and General Manager Russ Farwell and Director of Public and Media Relations Ian Henry provided information about the event. Mascot Cool Bird was also in attendance. C. Introduction of Appointees. (CFN-839) Mayor Cooke introduced her appointees to the Kent Arts Commission D Kent Human Services Commission 20`h Anniversary. (CFN-873) Mayor Cooke noted that Kent was the first city to establish a Human Services Commission. Manager Katherm Johnson thanked the Mayor, Council and commissioners who have served throughout the years. ' E. Neighborhood Councils Recognition. (CFN-1304) Neighborhood Program Coordinator Toni Azzola announced that two more neighborhood councils have been formed, and introduced representatives from the Mill Creek and Riverview neighborhoods F. Public Safetv Report. (CFN-122) Police Chief Strachan updated the Council on crime statistics and introduced Fire Arson Investigator Eric L. Pederson PUBLIC HEARINGS A 2008 Budget. (CFN-186) Finance Director Nachlinger noted that the purpose of this hearing is to solicit input from the public on the budget process. He summarized the 2007 budget and answered questions from Council members. The Mayor then opened the public hearing. There were no comments from the audience and Clark moved to close the public hearing Harmon ' seconded and the motion carried. B. 2008-2013 Capital Improvement Plan. (CFN-775) Finance Director Nachlinger noted that the purpose of this hearing is to solicit input from the public on the budget process He did a brief summary of the 2007 Capital Plan and answered questions from Council members. Mayor Cooke ' 1 Kent City Council Minutes September 18, 2007 ' declared the public hearing open. There were no comments from the audience and Clark moved to ' close the hearing Ranmger seconded and the motion carried. C. Ballot Proposition No. 1: Sound Transit (A Regional Transit Authority) and RTID (A Regional Transportation Investment District), Regional Roads and Transit System. (CFN-171) The purpose of this hearing is to receive comments from the public before the City ' Council determines whether to support the Sound Transit/RTID Ballot Proposition Mayor Cooke distributed copies of brochures regarding SR 167, I-405, and 1-5/SR509 to Council, and noted that in the past the Council has taken a position on voter matters when they felt the issue was relevant to the City services and to the residents and businesses within the city. She noted that there will be another public hearing on this issue at the Council meeting of October 2nd and requested that Council consider comments heard at both hearings before voting on a resolution supporting or ' opposing Proposition No 1. City Engineer Tim LaPorte elaborated on traffic issues in the area and measures which have been ' taken to address those issues He explained the ballot proposition and presented a slideshow of the roads as they are today and how they would be at project completion He responded to questions ' from Councilmembers regarding funding, timing, priontization and so forth. Mayor Cooke opened the public hearing. Marcelle Wellington, Executive Director of the Chamber , of Commerce, said the Chamber supports Proposition No. 1, and that the South Sound Chambers of Commerce Legislative Coalition supports it as well. She said this is a balanced and regional plan, without which the quality of life will continue to deteriorate for citizens and businesses. She added that transit is increasingly important to businesses and their employees There were no further comments from the audience, and Ranmger moved to close the public hearing. Clark seconded and the motion carried. CONSENT CALENDAR Ranmger moved to approve Consent Calendar Items A through O. Clark seconded and the motion ' carried. A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of September 4, ' 2007, were approved. B. Approval of Bills. (CFN-104) Figures were not available for approval. , C. Arbor Heights 360 Park Construction Easements. (CFN-118) The Mayor was authorized to sign the documents necessary to grant and record the temporary construction easement for the ' property at Arbor Heights 360 Park, upon approval by the City Attorney. D. Geographic Information System (GIS) Position. (CFN-1038) Amendment of the 2007 ' budget was authorized in order to create a new Engineering Technician position in the Geographic Information System (GIS) group of the Public Works Engineering Design Section E. Mill Creek And Riverview Neighborhood Council Resolutions. (CFN-1304) Resolution Nos 1770 recognizing the Mill Creek Neighborhood Council was adopted. Resolution No. 1771 recognizing the Riverview Neighborhood Council was adopted 2 ' Kent City Council Minutes September 18, 2007 F. Re-Appointments to Kent Arts Commission. (CFN-839) The Mayor's re-appointments of Dr. Bayard DuBois; Greg Worthing; Sheila (Shell)Newberry-Cantrali; Jack Becvar, and Charlene ' Shaw to serve on the City of Kent's Arts Commission were confirmed. All re-appointments will continue through October 31, 2011. G. No ParkinE Zones on Portions of 27th Place South and S. 256th Street Ordinance. (CFN-171) Ordinance No. 3859 which amends section 9.38.020 of the Kent City Code to add additional parking prohibitions on portions of 27`h Place South and South 256`h Street was adopted. ' H. Kent School District Agreement for School Liaison Officer. (CFN-122) The Mayor was authorized to sign a new agreement with the Kent School District for the full-time services of one police officer to act as the School Liaison Officer The Kent School District agrees to reimburse the Kent Police Department the full salary and benefits of the School Liaison Officer upon submission of a monthly invoice. The Agreement is effective September 1, 2007 through August 31, 2008. I. 2007 Edward Byrne Memorial Justice Assistance Grant. (CFN-122) A 2007 Fiscal Year Justice Assistance Grant in the amount of$61,996 was accepted. The funding is designated to support community policing strategies, and the project period for this grant is from 10/01/06 to 9/30/2010. J. Bill of Sale, Clark Lake Estates. (CFN-484) The Bill of Sale for Clark Lake Estates for 2219 linear feet of watermain, 13 gate valves, 6 hydrants, 1822 linear feet of sanitary sewer, 13 manholes, 1679 linear feet of streets, 1793 linear feet of storm sewer, 2 storm manholes, and 21 catch basins was accepted. The project is located at 24115-120`h Avenue SE. K. Bill of Sale,Jessica's Place Short Plat. (CFN-484) The Bill of Sale for Jessica's Place for 336 linear feet of watermain, 3 gate valves, I hydrant, 412 linear feet of sanitary sewer, 3 manholes, 472 linear feet of streets, 878 linear feet of storm sewer, 2 storm manholes, 9 catch basins, and 18,918 cubic feet of detention pond storage was accepted. The project is located at 23401 — 1 12`h Ave SE L. Bill of Sale, Kam Singh Plat. (CFN-484) The Bill of Sale for Kam Singh Plat for 592 linear feet of watermain, 3 gate valves, 2 hydrants, 1406 linear feet of sanitary sewer, 6 manholes, 750 linear feet of streets, 1410 linear feet of storm sewer, 7 storm manholes, 12 catch basins, and 52,125 ' cubic feet of detention pond storage was accepted. The project is located at 22704-104th Avenue S. M Bill of Sale, Lake Meridian Pointe. (CFN-484) The Bill of Sale for Lake Meridian Pointe for 530 linear feet of streets, 2276 linear feet of storm sewer, 16 catch basins, 576 linear feet of swales and ditches, and 77,500 cubic feet of detention pond storage was accepted. The project is located at SE 240`h Street. ' N. Bill of Sale, Lowe's/Midway Retail. (CFN-484) The Bill of Sale for Lowe's of Kent for 717 linear feet of streets, 696 linear feet of storm sewer and 5 catch basins was accepted. The ' project is located at the southeast corner of the intersection of 2401h and SR-99. O. Bill of Sale, Scenic Vista. (CFN-484) The Bill of Sale for Scenic Vista Senior Apartments for 57 linear feet of watermam, 8 gate valves, 2 hydrants, 46 linear feet of sanitary sewer, 1 manhole, 710 linear feet of streets, 320 linear feet of storm sewer, and 4 catch basins was accepted The project is located at 26404-104`h Avenue SE. ' 3 Kent City Council Minutes September 18, 2007 OTHER BUSINESS , A Safe Rentals Housing Program. (CFN-175) The Public Safety Committee obtained considerable input from various agencies representing landlord interests and recommends adoption ' of an ordinance creating operational standards for multi-unit rental housing facilities in order to establish safe rental housing. Police Chief Strachan explained the problem and gave an overview of the proposed ordinance. He also outlined the STAR (Safe Tenants and Rentals) Program, which is , a voluntary program to encourage landlords to establish the foundation for safe rental properties, including avoiding rentals to known criminals and improving the quality of available rentals. He added that there would be financial penalties for the landlord for criminal activity, and that a license fee would be required. Deputy City Attorney Fitzpatrick explained the concerns voiced in a letter from the Manufactured Housing Communities of Washington regarding licensing and the definition of"criminal conduct". Harmon moved to make the letter a part of the public record. Thomas seconded and the motion carried. ' Upon a question from Councilmember Albertson, a discussion regarding the prohibition of ' employing any manager or other on-site employee who has been convicted of a felony criminal offense within the past ten years was held. Julie Johnson, President of the Rental Housing Association, and on behalf of the Rental Housing Association, the Washington Multi-Family Housing Association, and the National Association of Residential Property Managers, said she feels the proposed ordinance is appropriate. Harmon suggested that Chief Strachan monitor the program and report back in one year. Ranniger concurred. Thomas moved to adopt Ordinance No. 3860 ' which establishes a voluntary program to encourage safe rental properties, and imposes penalties for landlords who permit criminal activity on rental properties or fail to maintain rental properties free of nuisances. Harmon seconded and the motion carried. REPORTS A. Council President. (CFN-198) No report was given. ' B. Mayor. (CFN-198) Mayor Cooke noted that the Kent Events Center Public Facility District has held their initial meeting. , C Operations Committee. (CFN-198) No report was given. D. Parks and Human Services Committee. (CFN-198) Ranniger noted that the committee will , meet at 5:00 o'clock on September 20. E. Planning and Economic Development Committee. (CFN-198) No report was given. F Public Safety Committee. (CFN-198) No report was given. , G. Public Works Committee. (CFN-198) No report was given. H. Administration. (CFN-198) CAO Hodgson reminded Council of an Executive Session regarding pending litigation and property acquisition. He anticipated a 20-minute session with no action afterward. 4 , Kent City Council Minutes September 18, 2007 EXECUTIVE SESSION The meeting recessed to Executive Session at 9.10 p.m. (CFN-198) ADJOURNMENT The meeting reconvened and adjourned at 9:35 p.m. (CFN-198) ' Brenda Jacober, CMC City Clerk ' 5 Kent City Council Meeting Date October 2, 2007 Category Consent Calendar 1. SUBJECT: 2008 BUDGET— SET DATE FOR SECOND PUBLIC HEARING 2. SUMMARY STATEMENT: Set October 16, 2007, for the second public hearing on the 2008 Budget at the regular City Council meeting. ' 3. EXHIBITS: None ' 4. RECOMMENDED BY: Finance Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: ' Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue. Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6C ' Kent City Council Meeting Date October 2, 2007 Category Consent Calendar 1. SUBJECT: 2008-2013 CAPITAL IMPROVEMENT PLAN— SET DATE FOR SECOND PUBLIC HEARING 2. SUMMARY STATEMENT: Set October 16, 2007, for the second public hearing on the 2008-2013 Capital Improvement Plan at the regular City Council meeting. 3. EXHIBITS: None 4. RECOMMENDED BY: Finance Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds 1 DISCUSSION: ACTION: Council Agenda Item No 6D Kent City Council Meeting Date October 2, 2007 Category Consent Calendar 1. SUBJECT: 2007 TAX LEVY FOR 2008 BUDGET— SET DATE FOR PUBLIC HEARING 2. SUMMARY STATEMENT: Set October 16, 2007, as the public hearing date on the 2007 Tax Levy for the 2008 budget. ' 3. EXHIBITS• None ' 4. RECOMMENDED BY: Finance Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: ' Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds 1 DISCUSSION: ACTION: Council Agenda Item No 6E Kent City Council Meeting Date October 2, 2007 Category Consent Calendar 1. SUBJECT: KENT COMPREHENSIVE PLAN AND KENT CITY CODE CHAPTER 12 13, SCHOOL DISTRICTS CAPITAL FACILITIES PLAN AND 2008- 2013 CAPITAL IMPROVEMENT PLAN— SET DATE FOR PUBLIC HEARING 2. SUMMARY STATEMENT: Set October 16, 2007, as the date for a public hearing to consider amending the Capital Facilities Element of the Kent Comprehensive Plan and amending Chapter 12.13 of the Kent City Code to incorporate the updated Capital Facilities Plans of the Auburn, Kent, and Federal Way School Districts, the City's 2008-2013 Capital Improvement Plan, and changes to adopted school impact fees. i 3. EXHIBITS: Staff memo dated 9/25/07 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ 1 Unbudgeted Revenue: Fund Amount $ ' 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION- ACTION: Council Agenda Item No. 6F COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director PLANNING SERVICES Charlene Anderson, AICP, Manager KENT WASHINGTON_ ' Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 September 25, 2007 To: Mayor Suzette Cooke, Council President Deborah Ranniger and City Council Members 1 From: Charlene Anderson, AICP, Planning Manager Subject: Comprehensive Plan/Capital Facilities Element Amendment and Update to Chapter 12.13 Kent City Code — Set Hearing Date MOTION: Set October 16, 2007 as the date for a public hearing to consider amendment of the Capital Facilities Element of the Kent Comprehensive Plan and amendment of Chapter 12.13 Kent City Code to incorporate updated Capital Facilities Plans of the Auburn, Kent and Federal Way School Districts, the City's 2008-2013 Capital Improvement Plan, and changes to adopted school impact fees. SUMMARY: Kent City Code authorizes school impact fees on behalf of any school district I which provides to the City a capital facilities plan; the plan is adopted by reference as part of the Capital Facilities Element of the Kent Comprehensive Plan. The school districts are required to submit for annual Council review their updated capital facilities plans. The City Council holds the public hearing on the school district plans at the same time as the public hearing for the budget, i.e., October 16, 2007. The Auburn, Kent and Federal Way School Districts have submitted updated Capital Facilities Plans for Council review and consideration. The City of ' Kent 6-year Capital Improvement Program being considered on the same date also will update the Capital Facilities Element of the Comprehensive Plan. BUDGET IMPACT: None BACKGROUND: One of the planning goals under the Growth Management Act (RCW 36.70A.020) is to ensure that those public facilities and services necessary to support development are adequate and timely to serve the development without decreasing current service levels below minimum standards. The Act (RCW 36.70A.070) also requires the Capital Facilities Element of the Kent Comprehensive Plan to inventory existing capital facilities, forecast future needs and provide for financing of those facilities. RCW 82.02.050 authorizes cities planning under the Growth Management Act to impose impact fees on development activity as part of the financing for public facilities needed to serve new growth and development. As a result, KCC 12.13.080 authorizes school impact fees on behalf of any school district which provides to the City a capital facilities plan; the plan is adopted by reference as part of the Capital Facilities Element of the Kent Comprehensive Plan. The school districts are required to submit for annual Council review their updated capital facilities plans (KCC 12.13.060 & 070). The Auburn, Kent and Federal Way School Districts propose amendment of the Kent Comprehensive Plan and Kent City Code Chapter 12.13 to reflect changes to Impact fees , resulting from new student population generated by new single family and multifamily residential development. The updated plans include an inventory of existing facilities, existing facility needs, expected future facility requirements, and expected funding. The Kent School District proposes to increase their existing school impact fees for single family , units from $4,928 to $5,110 (an increase of $182 or 3.7%) and for multifamily units from $3,034 to $3,146 (an Increase of $112 or 3.7%). The Federal Way School District proposes to increase their existing school impact fees for single family units from $3,018 to $3,883 (an increase of $865 or 28.7%) and increase their fees for , multifamily units from $856 to $1,647 (an Increase of $791 or 92.4%). The Auburn School District proposes to decrease their existing school impact fees for single family units from $5,657.05 to $5,361.04 (a decrease of $296.01 or 5.2%) and decrease their fees for multifamily units from $1,228.84 to $465.78 (a decrease of $763.06 or 62.1%). The only area in Kent where Auburn School District's impact fees are applied is the impoundment , reservoir site. G4 IPm 5 l Permrtl Plan COMP PLAN AMENOMENT5120011CPA-2007-3 5choo/OistndsCFP-Update I capfaa/ihes set heanng100107 doc , CC. Fred N Satterstrom,AICP,CD Director Charlene Anderson,AICP, Planning Manager Parties of Record Project Files i 1 1 CPA-2007-3/K1VA#2073794 , 10/02/07 City Council Meeting Page 2 of 2 Kent City Council Meeting Date October 2, 2007 Category Consent Calendar 1. SUBJECT: 2007 BUDGET AMENDMENT REGARDING FIREFIGHTER POSITIONS —APPROVE ' 2. SUMMARY STATEMENT: Approve an amendment to the 2007 Budget to create 14 new firefighter positions to enable the Fire Department to fully staff the new fire station being built in Covington If approved, the new positions would be filled in a phased process beginning in December 2007 and continuing through August 2008. The 1 cost of the new positions will be offset by revenue from King County Fire District #37. 3. EXHIBITS: Memorandum from Fire Chief and Population Growth/Incident Growth and minimum staffing graph f4. RECOMMENDED BY: Staff and Operations Committee 9/18/07 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Yes Revenue? Yes ' Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund 10003500.6XXXX.2500 Amount $950,685.00 Unbudgeted Revenue: Fund 10003500.53820 Amount $950,685.00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: ' Council Agenda Item No. 6G 5 FIRE DEPARTMENT Jim Schneider, Fire Chief Phone 253-856-4300 K E N T Fax 253-856-6300 W A 5 H I N G T O N Address 24611 116'" Ave SE Kent, WA 98030 IMemorandum TO: Operations Committee FROM: Jim Schneider, Fire Chief 1 DATE: September 18, 2007 RE: Budget Amendment Request Recommendation- That the City of Kent amend the 2007 budget to reflect the 14 new firefighter positions to facilitate the staffing and opening of Fire Station 78. Background: 1 ✓ Over the last 4 years, King County Fire District 37 has been working closely with the City of Kent to facilitate the opening of new fire station 78, located at 17820 SE 256 St, in the city of Covington. ✓ The dynamics that are driving the opening of new fire station 78 in the city of Covington are as follows: • Fire incident location and a response time analysis for an effective firefighting force to arrive on the scene of an incident, as identified in our Standards of Coverage and Accreditation Documents. ' 0 The Kent Fire Department is experiencing annual increased response time into the Northeast area of Fire District 37. • The Kent Fire Department is experiencing increased density and population growth in the Northeast area of Fire District 37. ✓ The attached population/incident growth and minimum staffing chart reveals an annual increasing population and calls for service numbers for the Kent Fire Department, while there has not been an increase in minimum staffing since 1998. 6 , Memorandum September 18, 2007 Page 2 of 2 ✓ The department has identified 14 new FTE's for the opening of fire station 78 in 2008. The schedule of hiring the new firefighters has been identified as follows: * Hire 12/16/07, for January 2008 Bates Academy: (12 months) District (new FTE's) 5 FTE's $438,305 * Hire 3/16/08 for April 2008 Bates Academy: (9.5 months) District (new FTE's) 5 FTE's $356,961 * Hire 8/16/08 for September 2008 Bates Academy: ( 4.5 months) District 4 FTE's $155,419 Total District $950,685 (Data based upon an annual salary, benefits, and one time training costs equalizing $87,661 per FTE.) ✓ The Fire District and City of Kent will re-negotiate the current agreement, and identify a floating levy rate amount that will cover salary and benefits costs associated with the hiring of 14 new FTE's hired to open new fire station 78. ✓ The estimated $950,685 will be offset by revenue from King County Fire District #37, and will depend on the actual number and method used to hire the firefighters to staff the Fire District Station. Actions following approval: 1. Re-negotiate the current agreement between the City of Kent and King County Fire District 37, to identify salary and benefit costs associated with the hiring of 14 new FTE's hired to open new fire station 78. 2. Hire 5 new FTE's for new station 78 in December 2007. , 3. Hire 5 new FTE's for new station 78 in March 2008 4. Hire 4 new FTE's in August 2008 for the opening of new fire station 78. 5. Open new fire station 78 in the 4"' quarter of 2008. 6. Calculate the salary and benefit costs for 2009, associated with the hiring of new FTE's. Attachment i Population Growth/Incident Growth and Minimum Staffing 160 45 140 120 - _.___ - 40 100 - 80 7 35 i 60 30 40 i 20 25 0 20 h tic�� � Staffing Population/1000 Incidents/100 Stations Minimum Staffing i i 1 t 1 1 i i i t Kent City Council Meeting Date October 2, 2007 Category Consent Calendar 1. SUBJECT: PUBLIC DEFENSE SERVICES CONTRACT AMENDMENT— AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign an amendment to the agreement for Public Defense services for the period of July 1 —December 31, 2007, to increase funding by an additional $40,000 for new services required by the Kent LMunicipal Court, which were not contemplated when the original agreement was negotiated The Court now requires indigent counsel law firm, Stewart, Beall, MacNichols and Harmell, to be present at all arraignments, and has added additional court calendars resulting in an increased number of defendants being served by indigent counsel The additional services include an additional 4-8 court calendars per month and 180+ arraignments per month. 3. EXHIBITS: Public Defense Contract Amendment 4. RECOMMENDED BY: Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5 FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6H KENT AMENDMENT NO. 1 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES (between City of Kent and Stewart Beall MacNichols & Harmell, Inc., P.S.) THIS AMENDMENT NO. 1 TO THE AGREEMENT FOR PUBLIC DEFENSE SERVICES ("Amendment No. 1") is made between the CITY OF KENT, a Washington municipal corporation ("City"), and STEWART BEALL MacNICHOLS&HARMELL, INC., P.S., a Washington professional services corporation ("Attorney"). RECITALS IA. The City and Attorney entered into an Agreement for Public Defense Services ("Agreement") on February 14, 2006, wherein Attorney agreed to provide public defense services for indigent defendants charged in the Kent Municipal Court from January 1, 2006, through December 31, 2008. The terms of that Agreement provide that Attorney receive a flat fee of$22,920 per month for its services. B. There has been a significant increase in the number of criminal filings over the past months which has resulted in an increase in the number of defendants who require representation by Attorney. To accommodate the increase in the number of cases filed, court calendars have been added to the court schedule, and thus, Attorney is required to appear in court more often. In addition, the court has determined that all defendants who are arraigned in court are to be provided with the assistance of Attorney, and therefore, Attorney must now appear at all arraignment calendars, which was a service not contemplated in the original Agreement. C. The City and Attorney express their mutual intent and desire to amend the Agreement in order to increase the monthly flat rate paid by City to Attorney by an additional $6,666.67, or a new monthly flat rate of$30,526.67,to apply to each of the months from July 2007 through December 2007. NOW THEREFORE, in consideration of the mutual intent, desire and promises of the parties and other good and valuable consideration, City and Contractor agree as follows: AGREEMENT 1. Paragraph 1 of the Agreement, entitled "Scope of Services," is amended as follows: AMENDMENT NO. 1 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES - 1 OF 5 1. Scope of Services. The Attorney agrees to provide public defender services for indigent defendants charged in the Kent Municipal Court with all violations of the Kent City Code ("KCC") that result in misdemeanor charges, whether those charges are based on the city's criminal code or civil code sections, under the terms set forth in this Agreement. All indigent defendants charged with committing a misdemeanor offense under the KCC who qualify for appointed counsel, whether they are screened or appointed by the court, shall be referred to the Attorney. The Attorney shall enter a Notice of Appearance and provide legal representation for each of these defendants from the time of receiving notice or an order of appointment through arraignment, if appropriate, pretrial hearings, trial, sentencing, review hearings, revocation hearings, and appeals, unless and until the Attorney is permitted to withdraw by the court. In addition, Attorney shall, when required by the court provide representation to all defendants at arraignment by way of provisional appointment, temporary appointment, stand-by counsel, or otherwise, whether or not they qualify for indigent status. 2. Paragraph 3 of the Agreement for Public Defense Services, entitled"Defendant's Access to Attorney," is amended as follows* 3. Defendant's Access to Attorney The Attorney shall be available to clients represented by the Attorney to ensure that clients are provided with the assistance of their attorney as required by state and federal law. The parties agree that client access to the Attorney prior to appearance in court is paramount. All defendants represented by the Attorney shall be provided access to the Attorney by means of a toll-free local call from a Kent telephone number made available by the Attorney. The Attorney currently maintains offices at 655 W. Smith Street, Suite 210, Kent, Washington, and will, at all times during the term of this Agreement, maintain an office at such location or in South King County at a location to facilitate client access for purposes of providing the services required in this Agreement. The Attorney shall meet with all in-custody clients at the Kent Corrections Facility ("KCF") within 48 hours of notification of appointment, excluding weekends and holidays. The Attorney will appear at the KCF to consult with clients as necessary. Attorney shall attend all criminal calendars of the Kent Municipal Court, including arraignments. In addition to regularly scheduled court hearings held at the KCF, a representative of the Attorney shall, at a minimum, appear at the KCF at least two times each week for a minimum of one hour per visit to meet with incarcerated clients and respond to requests submitted by those clients. Clients that are incarcerated in the KCF who wish to call the Attorney may, during predetermined times designated by the Attorney, call the Attorney's toll-free telephone number either to leave a message with the Attorney or to , speak with the Attorney. The Attorney shall see all in-custody clients at the King County Regional Justice Center within a reasonable period AMENDMENT NO. 1 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES- 2 OF 5 i of time following notice of appointment and further shall see such clients in follow-up meetings as necessary. 3. Paragraph 11 of the Agreement for Public Defense Services, entitled "Compensation," is amended as follows: 11. Compensation. a. Payment for Services: The City shall pay the Attorney for services rendered under this Agreement as follows. The City shall provide to Attorney for services rendered under this Agreement and for the three-year term of this Agreement, the sum of TWO HUNDRED SEVENTY-FIVE THOUSAND FORTY DOLLARS ($275,040) per year, to be paid at the rate of TWENTY-TWO THOUSAND NINE HUNDRED TWENTY DOLLARS ($22,920) per month. This amount will be raised annually, on the first day of each calendar year, by an amount equal to 90% of the percentage increase in the Consumer Price Index for Seattle-Tacoma-Bremerton (All Urban Consumers)for the previous calendar year(the"CPI"). Attorney shall bill the City each month for services rendered herein. In the event this Agreement is terminated pursuant to the provisions set forth in this Agreement,the Attorney's compensation shall be prorated based I upon the number of months and portions of months which have elapsed between the commencement of the year and the effective date of termination. b. Appeals. The Attorney shall handle appeals taken by indigent defendants, regardless of whether the Attorney represented said defendant at trial. This service is to be included within the Scope of Services described in Section 1 of this Agreement and the Compensation provided for in Section 11(a) above. c. Miscellaneous Costs. The City agrees to reimburse the 1 Attorney for all reasonable costs associated with obtaining and transcribing trial court records for appeal purposes if such costs have not been waived. d. Billing. The Attorney shall bill the City, in care of the City's human services office, on the first day of the month, or the first workday thereafter: 1 (i) for the monthly installment set forth in subsection 11(a) above; and (n) for all costs incurred by the Attorney under subsection 11(c) above for the previous month or months. In addition to the reporting requirements of Section 17 of this Agreement, the Attorney shall submit with the monthly bill, a report that sets forth the number of cases to which the Attorney was AMENDMENT NO. 1 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES - 3 OF 5 1 appointed. The submission of the report with the monthly bill is a ' condition of payment under this Agreement. The City shall make payments on or before the 20th day of the month following the month for which services were rendered; provided, that any billing not received by the City's human services office on or before the fourth working day of the month shall not be due and payable until the City's next billing period. e. Additional Payment. For the remainder of calendar year 2007, Attorney shall be provided an additional $40,000 to account for the increase in workload as described in Recital B of Amendment No. 1. This payment shall be made in eaual installments from the date this Amendment is signed, through the period ending December 31, 2007, such payments being made on the same date as the payments required under the original Agreement. The payment of this additional compensation shall not be a guarantee of any additional compensation for any period subsequent to December 31, 2007, and unless the Agreement is further amended, the compensation rate for 2008 shall be as stated in the original Agreement. 4. Paragraph 19 of the Agreement for Public Defense Services, entitled"Case Load Limits," is amended as follows: 19. Case Load Limits. The compensation for services established in this Agreement will cover all cases filed, on a per cause number basis, in the Kent Municipal Court up to a limit of 250 cases per month. However, Attorney shall not consider in calculating this case load limit the cases in which Attorney rpresents a defendant at arraignment but is not appointed by the court as that defendant's attorney of record. The additional compensation paid to attorney by Amendment No. 1 to the Agreement compensates Attorney for the services it provides at arraignment for defendants it is not ultimately appointed to represent. The City and the Attorney will agree, by separate, written addendum to this Agreement, on appropriate compensation for case filings exceeding this monthly limit. The Attorney shall establish case load limits for attorneys assigned to perform services under this Agreement that ensure effective representation of each and every client. S. Attorney certifies to City that the Agreement for Public Defense Services is in full force and effect and that there exist no uncured defaults on the part of the Attorney under the Agreement. The City certifies to Attorney that the Agreement is in full force and effect, that there exist no uncured defaults on the part of the City under the Contract. 6. All acts consistent with the authority of the Agreement and prior to the effective date of this Amendment No. 1 are hereby ratified and affirmed,and the terms of the Agreement and this Amendment shall be deemed to have applied. AMENDMENT NO 1 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES-4 OF 5 7. Except as specifically amended, all remaining provisions of the Agreement shall remain in full force and effect. IN WITNESS, the parties have executed this Amendment No. 1, which shall become effective on the last date executed below. STEWART BEALL MacNICHOLS CITY OF KENT &HARMELL, INC., P.S. By. By: Print Name: Print Name: Suzette Cooke Title. Title: Mayor Date: Date: APPROVED AS TO FORM: By City of Kent Law Department ATTEST: By: Brenda lacober, City Clerk P 1CIviAF.Ift\OM-F.I i\0733.3007\Ste .dB"UAgle eM-Nne .tt dM AMENDMENT NO. 1 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES - 5 OF 5 Kent City Council Meeting Date October 2, 2007 Category Consent Calendar 1. SUBJECT: KING COUNTY DOMESTIC VIOLENCE GRANT FOR SAFE HAVENS —AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the King County Domestic Violence Grant Agreement, accept the $50,000 grant to fund Safe Havens services, and approve the expenditure of funds in the Safe Havens budget The King County Grant funds will be used to provide services to low income families at the Safe Havens Visitation and Exchange Center. Funds will be used for personnel costs, rent, utilities, and supplies. i 3. EXHIBITS: King County Community and Human Services/Women's Program contract #D36680D 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? _X Currently in the Budget? Yes No X If no: 1 Unbudgeted Expense: Fund H00012 Amount $50,000.00 Unbudgeted Revenue: Fund H00012 Amount $50,000.00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6I King County Contract No. D36680D Federal Taxpayer ID No. 91-1355875 Department/Division Community and Human Services/Women's Program Agency City of Kent jProtect Title Supervised Visitation Contract Amount $ 50,000 Fund Code 0015 Contract Period From: 07/01/2007 To 12/31/2007 KING COUNTY PUBLIC ENTITY SERVICES CONTRACT—2007 THIS CONTRACT is entered into by KING COUNTY (the "County"), and City of Kent (the "Agency"), whose address is 220 -4th Avenue South Kent, WA 98032. WHEREAS, the County has been advised that the following are the current funding sources, funding levels and effective dates: FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES COUNTY $50,000 07/01/2007 - 12/31/2007 1 TOTAL $50,000 07/01/2007 - 12/31/2007 and WHEREAS, the County desires to have certain services performed by the Agency as described in this Contract, and as authorized by Ordinance No 15652; 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: This form is available in alternate formats upon request for persons with disabilities. City of Kent Page 1 of 16 2007 Contract I. EXHIBITS The Agency shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits, which are incorporated herein by reference ® Certificates of Insurance/Endorsements Attached hereto as Exhibit I ® Safe Havens Visitation Center Attached hereto as Exhibit II if. DURATION OF CONTRACT This Contract shall commence on the 1 st day of July 2007, and shall terminate on the 31 st day of December 2007, unless extended or terminated earlier, pursuant to the terms and conditions of this Contract III. COMPENSATION AND METHOD OF PAYMENT A The County shall reimburse the Agency for satisfactory completion of the terms and conditions found in this Contract and its attached Exhibits. B. The Agency shall submit an invoice and all accompanying reports as specified in the attached Exhibit(s), including its final invoice and all outstanding reports The County shall initiate authorization for payment to the Agency not more than 30 days after a complete and accurate invoice and all outstanding reports are received and approved. C. If the Agency's final invoice and reports are not submitted by the day specified in the attached Exhibit(s), the County will be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice IV. OPERATING BUDGET The Agency shall apply the funds received from the County under this Contract in accordance with the budget, if included within an Exhibit. The Agency shall request prior approval from the County for an amendment to this Contract when the cumulative amount of transfers among the budget categories within an Exhibit is expected to exceed ten percent of the total Exhibit budget. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment V. INTERNAL CONTROL AND ACCOUNTING SYSTEM The Agency shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, financial and governmental reporting standards as prescribed by the appropriate accounting standards board VI. MAINTENANCE OF RECORDS A. The Agency shall maintain accounts and records, including personnel, property, financial, and 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. City of Kent Page 2 of 16 2007 Contract B. These records shall be maintained for a period of six years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with Revised Code of Washington (RCW) Chapter 40.14. C. The Agency shall inform the County in writing of the location, if different from the Agency address listed on page one of this Contract, of the aforesaid books, records, documents, and other evidence and shall notify the County in writing of any changes in location within ten working days of any such relocation VII. AUDITS A The Agency shall submit to the County a copy of its annual report of examination/audit, conducted by the Washington State Auditor, within 30 days of receipt. B. Additional federal and/or state audit or review requirements may be imposed on the County, and the Agency shall be required to comply with any such requirements. Vill. EVALUATIONS AND INSPECTIONS A. The Agency shall provide right of access to its facilities, including those of any subcontractor, to the County, the state, and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Contract The County shall give advance notice to the Agency in the case of fiscal audits to be conducted by the County B. The records and documents with respect to all matters covered by this Contract shall be subject at all time to inspection, review, or audit by the County and/or federal/state officials so authorized by law during the performance of this Contract and six years after termination hereof, unless a longer retention period is required by law C. The Agency agrees to cooperate with the County or its agent in the evaluation of the Agency'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. IX. CORRECTIVE ACTION If the County determines that a breach of contract has occurred, that is, the Agency has failed to comply with any terms or conditions of this Contract or the Agency has faded to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure shall apply. A. The County shall notify the Agency in wnting of the nature of the breach; B. The Agency shall respond in writing no later than ten working days following receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than 30 days from the date of the Agency's response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions, C. The County shall notify the Agency in writing of the County's determination as to the sufficiency of the Agency's corrective action plan. The County shall have sole discretion in determining the sufficiency of the Agency's corrective action plan; ICity of Kent Page 3 of 16 2007 Contract D. In the event that the Agency does not respond within the appropriate time with a corrective action plan, or the Agency's corrective action plan is determined by the County to be insufficient, the County may commence termination of this Contract in whole or in part pursuant to Section XLB; E. In addition, the County may withhold any payment owed the Agency or prohibit the Agency from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and F Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section XI. Subsections A, B, C, D, and E. X. ASSIGNMENT/SUBCONTRACTING A. The Agency shall not assign or subcontract any portion of this Contract or transfer or assign any claim ansing pursuant to this Contract without the written consent of the County. Said consent shall be sought in writing by the Agency not less than 15 days prior to the date of any proposed assignment or subcontract B. "Subcontract"shall mean any agreement between the Agency and a subcontractor or between subcontractors that is based on this Contract, provided that the term "subcontract" does not include the purchase of- (1) support services not related to the subject matter of this Contract;or (2) supplies XI. TERMINATION A. This Contract may be terminated by the County without cause, in whole or in part, prior to the date specified in Section II, by providing the Agency 30 days advance written notice of the termination B. The County may terminate this Contract, in whole or in part, upon seven days advance written notice in the event (1)the Agency materially breaches any duty, obligation, or service required pursuant to this Contract; and/or (2) the duties, obligations, or services , required herein become impossible, illegal, or not feasible. If the Contract is terminated by the County pursuant to this Subsection XI B (1), the Agency shall be liable for damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Agency, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Agency shall immediately return to the County any funds, misappropriated or unexpended, which have been paid to the Agency by the County C. If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth in this Contract and its attached Exhibits. the County may, upon written notification to the Agency, terminate this Contract in whole or in part If the Contract is terminated as provided in this Subsection: (1) the County shall be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination; and (2)the Agency shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination City of Kent Page 4 of 16 2007 Contrail ' Funding or obligation 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 shall terminate at the close of the current appropriation year. D. The Agency may terminate this Contract upon seven days written notice, should the County commit any material breach of this Contract. E. This Contract may be terminated by the Agency without cause, prior to the date specified by providing the County 90 days advance written notice of the termination The Agency shall provide the County 90 days advance written notice of its intent not to renew this Contract, in whole or in part. F. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party. XII. 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. XIII. HOLD HARMLESS AND INDEMNIFICATION A. In providing services under this Contract, the Agency is an independent contractor, and neither it nor its officers, agents or employees are employees of the County for any purpose The Agency shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. 1 The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes, by, or on behalf of the Agency, its employees, and/or others by reason of this Contract. The Agency shall protect, indemnify, and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1)the Agency's failure to pay any such compensation, wages, benefits, or taxes, and/or(2) the supplying to the Agency of work, services, materials, or supplies by Agency employees or other suppliers in connection with or support of the performance of this Contract B The Agency further agrees that it is financially responsible for and shall repay the County all indicated amounts following an audit exception that occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract by the Agency, its officers, employees, agents and/or representatives This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Duration of Contract or the Termination sections C. The Agency shall protect, defend, indemnify, and hold harmless the County, its officers, employees, and agents from any and all costs, claims,judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Agency, its officers, employees, and/or agents, in its performance and/or non-performance of its obligations under this Contract The Agency agrees that jCity of Kent Page 5 of 16 2007 Contract its obligations under this subparagraph extend to any claim, demand, and/or cause of , action brought by, or on behalf of, any of its employees or agents. For this purpose, the Agency, by mutual negotiation, hereby waives, as respects the County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the County incurs any judgment, award, andlor cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Agency. D. The County shall protect, defend, indemnify, and hold harmless the Agency, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the sole negligent acts or omissions of the County, its officers, employees, or agents The County agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the County, by mutual negotiation, hereby waives, as respects the Agency only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the Agency incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County E. Claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. F. To the extent that an Agency subcontractor fads to satisfy its obligation to defend and indemnify the County as detailed in Section XVII.B. of this Contract, the Agency shall protect, defend, indemnify, and hold harmless the County, its officers, employees and agents from any and all costs, claims,judgments, and/or awards or damages arising out of, or in any way resulting from, the negligent act or omissions of the Agency's subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract G. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. City of Kent Page 6 of 16 2007 Contract XIV. INSURANCE REQUIREMENTS A. By the date of execution of this Contract, the Agency shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Agency, its agents, representatives, employees, and/or subcontractors The costs of such insurance shall be paid by the Agency or subcontractor. The Agency may furnish separate certificates of insurance and policy endorsements for each subcontractor as evidence of compliance with the insurance requirements of this Contract The Agency is responsible for ensuring compliance with all of the insurance requirements stated herein Failure by the Agency, its agents, employees, officers and or subcontractors, to comply with the insurance requirements stated herein shall constitute a material breach of this Contract. IFor All Coverages: Each insurance policy shall be written on an "occurrence"form, except that insurance on a "claims made"form may be acceptable with prior County +� approval If coverage is approved and purchased on a "claims made" basis, the Agency warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three years from the date of Contract termination, and/or conversion from a "claims made"form to an `occurrence" coverage form By requiring such minimum insurance, the County shall not be deemed or construed to have assessed the risks that may be applicable to the Agency under this Contract The Agency shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded by said policies, which coverage will apply to each insured to the full extent provided by the terms and I conditions of the policy(ies) Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. B. Minimum Scope of Insurance 1 Coverage shall be at least as broad as the following: 1. General Liability: Insurance Services Office form number(CG 00 01) covering COMMERCIAL GENERAL LIABILITY). 2. Professional Liability: Professional Liability, Errors, and Omissions coverage. In the event that services delivered pursuant to this Contract either directly or indirectly involve or require professional services, Professional Liability, Errors, and Omissions coverage shall be provided "Professional Services", for the purpose of this Contract section, shall mean any services provided by a licensed professional or those services that require professional standards of care. City of Kent Page 7 of 16 2007 Contract 3. Automobile Liability In the event that services delivered pursuant to this Contract require the use of a vehicle or involve the transportation of clients by Agency personnel in Agency- owned vehicles or non-owned vehicles, the Agency shall provide evidence of the appropriate automobile coverage. Insurance Services Office form number(CA 00 01) covering BUSINESS AUTO COVERAGE, symbol 1 "any auto", or the appropriate coverage provided by symbols 2, 7, 8, or 9. 4. Workers' Compensation Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable federal or"Other States" state law. 5. Stop Gap/Employers Liability Coverage shall be at least as broad as the protection provided by the Workers' Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the "Stop Gap" endorsement to the general liability policy. C. Minimum Limits of Insurance The Agency shall maintain limits no less than, for: 1. General Liability: $1,000,000 combined single limit per occurrence by bodily injury, personal injury, and property damage, and for those policies with aggregate limits, a $2,000,000 aggregate limit. 2. Professional Liability, Errors, and Omissions: $1,000,000 per claim and in the aggregate 3. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage Except if the transport of clients by Agency +� personnel is involved, then Risk Management will review the appropriate amount of coverage. 4. Workers' Compensation: Statutory requirements of the state of residency. 5. Stop Gap/Employers Liability: $1,000,000. D. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by, the County The deductible and/or self-insured retention of the policies shall not apply to the Agency's liability to the County and shall be the sole responsibility of the Agency E. Other Insurance Provisions The insurance policies required in this Contract are to contain, or be endorsed to contain, the following provisions: City of Kent Page 8 of 16 2007 Contract 1. Liability Policies Except Professional/Errors and Omissions and Workers Compensation. a. The County, its officers, officials, employees and agents are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the Agency in connection with this Contract. (CG 2010 I 11/85 or its' equivalent) b. The Agency's insurance coverage shall be primary insurance as respects the County, its officers, officials, employees, and agents. Any insurance and/or self-insurance maintained by the County, its offices, officials, employees or agents shall not contribute with the Agency's insurance or benefit the Agency in any way. ' C. The Agency's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. 2. All Policies Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except by the reduction of the applicable aggregate limit by claims paid, until after 45 days prior written notice has been given to the County tF. Acceptability of Insurers Unless otherwise approved by the County, insurance is to be placed with insurers with a Bests' rating of no less than A: VIII, or, if not rated with Bests, with minimum surpluses the equivalent of Bests' surplus size VIII Professional Liability, Errors, and Omissions insurance may be placed with insurers with a Bests' rating of B+VII. Any exception must be approved by the County If, at any time, the foregoing policies shall fail to meet the above minimum requirements the Agency shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with appropriate ' certificates and endorsements, for approval. G. Verification of Coverage I The Agency shall furnish the County certificates of insurance and endorsements required by this Contract Such certificates and endorsements, and renewals thereof, shall be attached as exhibits to the Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements for each insurance policy are to be on forms approved by the County prior to the commencement of activities 1 associated with the Contract The County reserves the right to require complete, certified copies of all required insurance policies at any time H. Subcontractors The Agency shall include all subcontractors as insureds under its policies or shall require separate certificates of insurance and policy endorsements from each 1 subcontractor. If the Agency is relying on the insurance coverages provided by subcontractors as evidence of compliance with the insurance requirements of this City of Kent Page 9 of 16 2007 Contract Contract then such requirements and documentation shall be subject to all of the requirements stated herein I. Municipal or State Agency Provisions j If the Agency is a Municipal Corporation or an agency of the State of Washington and is self insured for any of the above insurance requirements, a certification of self- insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this Section Xv. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A. Nondiscrimination in Employment Provision of Services ' During the performance of this Contract, neither the Agency nor any party subcontracting under the authority of this Contract shall discriminate or tolerate harassment on the basis of race, color, sex, religion, national origin, marital status, sexual orientation, age, or the presence of any sensory, mental, or physical disability in the employment or application for employment or in the administration or delivery of services or any other benefits under this Contract. King County Codes Chapters 12 16 and 12.17 are incorporated herein by reference, and such requirements shall apply to this Contract. B Nondiscrimination in Subcontracting Practices During the solicitation, award and term of this Contract, the Agency shall not create barriers to open and fair opportunities to participate in County contracts or to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers from and doing business with subcontractors and suppliers, the Agency shall not discriminate against any person on the basis of race, color, religion, sex, age, national origin, marital status, sexual orientation or the presence of any mental or physical disability in an otherwise qualified disabled person. ✓� C. Compliance with Laws and Regulations The Agency shall comply fully with all applicable federal, state and local laws, i ordinances, executive orders and regulations that prohibit discrimination. These laws include, but are not limited to, KCC 12 17, RCW Chapter 49 60, Titles VI and VI of the Civil Rights Act of 1964, 42 U.S.C. 2000(a) et seq , the Americans with Disabilities Act, 42 U.S.0 12102 et seq., and the Restoration Act of 1987 The Agency shall further comply fully with any affirmative action requirements set forth in any federal regulations, statutes or rules included or referenced in the contract documents. D. Small Business and Minority and Women Business Enterprise Opportunities The County encourages the Agency to utilize small businesses, including Minority- owned and Women-owned Business Enterprises ("M/WBEs") in County contracts The County encourages the Agency to use the following voluntary practices to promote open competitive opportunities for small businesses, including M/WBEs 1. Attending a pre-bid or pre-solicitation conference, if scheduled by the County, to provide project information and to inform small businesses and other firms of contracting and subcontracting opportunities City of Kent Page 10 of 16 2007 Contract 2. Placing all qualified small businesses attempting to do business in King County, including M/WBEs, on solicitation lists, and providing written notice of subcontracting opportunities to these firms capable of performing the work, ' including without limitation all businesses on any list provided by the County, in sufficient time to allow such businesses to respond to the written solicitations. 3. Breaking down total requirements into smaller tasks or quantities, where economically feasible, in order to permit maximum participation by small businesses, including MIWBEs. 4. Establishing delivery schedules, where the requirements of this Contract permit, that encourage participation by small businesses, including M/WBEs. 5. Providing small businesses, including M/WBEs that express interest with adequate and timely information about plans, specifications, and requirements of the Contract. 6. Using the services of available community organizations, contractor groups, local assistance offices, the County, and other organizations that provide assistance in the recruitment and placement of small businesses, including M/WBEs. t7. The Washington State Office of Minority and Women's Business Enterprises (OMWBE) can provide a list of certified M/WBEs. Contact OMWBE office at 360-753-9693 or on-line through the web site at www.wsdot wa gov/omwbe/. E. Fair Employment Practices 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 During the performance of this Contract, neither the Agency nor any party subcontracting under the authority of this Contract shall engage in unfair employment practices. F. Record-Keeping Requirements and Site Visits The Agency shall maintain, for at least six years after completion of all work under this Contract, the following ' 1. Records of employment, employment advertisements, application forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits 1 under this Contract, and 2. Records, including written quotes, bids, estimates or proposals submitted to the Agency by all businesses seeking to participate on this Contract, and any other information necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records. The County may visit, at any time, the site of the work and the Agency's office to review the foregoing records The Agency shall provide every assistance requested by the County during such visits. In all other respects, the Agency shall make the foregoing records available to the County for inspection and copying upon request. If this Contract involves federal funds, the Agency shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents. City of Kent Page 11 of 16 2007 Contract G. Sanctions for Violations Any violation of the mandatory requirements of the provisions of this Section shall be a material breach of contract for which the Agency may be subject to damages, , withholding payment and any other sanctions provided for by the Contract and by applicable law. H. Reporting The Agency shall complete all reports and forms provided by the County and shall otherwise cooperate fully with the County in monitoring and assisting the Agency in providing nondiscriminatory programs. XVI. SECTION 504 AND AMERICANS WITH DISABILITIES ACT (ADA) ' The Agency has completed a 504/ADA Self-Evaluation Questionnaire for all programs and services offered by the Agency (including any services not subject to this Contract) and has evaluated its services, programs and employment practices for compliance with Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 701 et seq as amended ("504") and the American Disabilities Act, 42 U.S C 12102 et seq. The Agency has completed, attached as an exhibit to this Contract, and incorporated herein by reference a 504/ADA Assurance of Compliance XVII. SUBCONTRACTS AND PURCHASES A. The Agency shall include the above Sections IV, V, VI, VII, VIII, XII, XIII, XIV, XV, and XVI, in every subcontract or purchase agreement for services which relate to the subject matter of this Contract. B The Agency agrees to include the following language verbatim in every subcontract, provider agreement, or purchase agreement for services which relate to the subject matter of this Contract "Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract Subcontractor expressly agrees and understands that King County is a third party beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph " XVIII. CONFLICT OF INTEREST A. The Agency agrees to comply with the provisions of KCC Chapter 3.04. Failure to comply with any requirement of KCC Chapter 3.04 shall be a material breach of this Contract, and may result in termination of this Contract pursuant to Section XI and subject the Agency to the remedies stated therein, or otherwise available to the County at law or in equity. B. The Agency agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to secure preferential treatment in its dealings with the County by offering any valuable consideration, thing of value or gift, whether in the form of services, loan, thing or promise, in any form to any County official or employee. The Agency acknowledges that if it is found to have violated the prohibition found in this paragraph, its current City of Kent Page 12 of 16 2007 Contract contracts with the County will be cancelled and it shall not be able to bid on any County contract for a period of two years. C. The Agency acknowledges that for one year after leaving County employment, a former County employee may not have a financial or beneficial interest in a contract or grant that was planned, authorized, or funded by a County action in which the former County employee participated during County employment. Agency shall identify, at the time of offer, current or former County employees involved in the preparation of proposals or the anticipated performance of work if awarded the Contract Failure to identify current or former County employees involved in this transaction may result in the County's denying or terminating this Contract. After Contract award, the Agency is responsible for notifying the County's project manager of current or former County employees who may become involved in the Contract any time during the term of the Contract XIX. 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. XX. EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP A. The Agency agrees that equipment purchased with Contract funds at a cost of$5,000 per item or more and identified in an exhibit as reimbursable is upon its purchase or receipt the property of the Agency, County, and/or federal, and/or state government, as specified in the exhibit. B. The Agency shall be responsible for all such equipment, including the proper care and maintenance C. The Agency shall ensure that all such equipment shall be returned to the appropriate government agency, whether federal, state or county, upon written request of the County. D. The Agency shall admit County staff to the Agency's premises for the purpose of marking such property with appropriate government property tags. E. The Agency shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment purchased with Contract identified funds. XXI. NOTICES Whenever this Contract requires that notice be provided by one party to another, such notice shall be A. In writing; and B Directed to the chief executive officer of the Agency and the director of the County department specified on page one of this Contract. Any time, within which a party must take some action, shall be computed from the date that Ithe notice is received by said party. City of Kent Page 13 of 16 2007 Contract XXI1. PROPRIETARY RIGHTS The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the County. The County agrees to and does hereby grant to the Agency, irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Contract. The foregoing products license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Agency which are modified for use in the performance of this Contract The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Agency that are not modified for use in the performance of this Contract XXIII. CONTRACT AMENDMENTS Either party may request changes to this Contract Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Contract. XXIV. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY The Agency 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 15 percent higher than the cost of non-recycled paper, the Agency may notify the Contract Administrator, who may waive the recycled paper requirement. The Agency shall use both sides of paper sheets for copying and printing and shall use t recycled/recyclable products wherever practical in the fulfillment of this Contract. XXV. ENTIRE CONTRACTMAIVER 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. ■ XXVI. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION i The Agency and any subcontractor(s) agree to abide by the terms of the Revised Code of Washington, rules and regulations promulgated thereunder, and the DSHS and County Agreement on General Terms and Conditions between the Department of Social and Health Services and King County, as amended, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. City of Kent Page 14 of 16 2007 Contract In the event of a conflict between any of the language contained in any exhibit or any attachment to this Contract, the language in the Contract shall have control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary. XXVII. CONFIDENTIALITY The Agency agrees that all information, records, and data collected in connection with this Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law. XXVIII. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY ACCOUNTBILITY ACT OF 1996 (HIPAA) Terms used in this section shall have the same meaning as those terms in the Privacy Rule, 45 CFR Parts 160 and 164. A. Obligations and Activities of the Agency 1 1. The Agency agrees not to use or disclose protected health information other than as permitted or required by law 2. The Agency agrees to implement administrative, physical, and technical ' safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information that it creates, receives, maintains, or transmits on behalf of the County as required by 45 CFR Part 164, Subpart C. 3. The Agency agrees to mitigate, to the extent practicable, any harmful effect that is known to the Agency of a use or disclosure of protected health information by the Agency in violation of the requirements of this Contract. 4. The Agency agrees to report all unauthorized or otherwise improper disclosures of protected health information or security incident, to the County within two days of the Agency's knowledge of such event. 5. The Agency agrees to ensure that any agent, including a subcontractor, to whom it provides protected health information received from, or created or received by the Agency on behalf of King County, agrees to the same restrictions and conditions that apply through this Contract to the Agency with respect to such information. 6. The Agency agrees to make available protected health information in accordance with 45 CFR § 164.524. 7. The Agency agrees to make available protected health information for amendment and incorporate any amendments to protected health information in accordance with 45 CFR § 164.526. B. The Agency agrees to make internal practices, books, and records, including policies and procedures and protected health information, relating to the use and disclosure of protected health information received from, or created or received 1 by the Agency on behalf of King County, available to the Secretary, in a reasonable time and manner for purposes of the Secretary determining King County compliance with the privacy rule. City of Kent Page 15 of 16 2007 Contract 9. The Agency agrees to make available the information required to provide an accounting of disclosures in accordance with 45 CFR § 164.528. B. Permitted Uses and Disclosures by Business Associate The Agency may use or disclose protected health Information to perform functions, activities, or services for, or on behalf of, King County as specified in this Contract, provided that such use or disclosure would not violate the Privacy Rule if done by King County or the minimum necessary policies and procedures of King County. C. Effect of Termination 1. Except as provided in paragraph C 2 of this section, upon termination of this Contract, for any reason, the Agency shall return or destroy all protected health information received from King County, or created or received by the Agency on behalf of King County This provision shall apply to protected health information that is in the possession of subcontractors or agents of the Agency. The Agency shall retain no copies of the protected health information. 2. In the event the Agency determines that returning or destroying the protected health information is infeasible, the Agency shall provide to King County notification of the conditions that make return or destruction infeasible. Upon notification that return or destruction of protected health information is infeasible, the Agency shall extend the protections of the Contract to such protected health information and limit further uses and disclosure of such protected health information to those purposes that make the return or destruction infeasible, for so long as the Agency maintains such protected health information KING COUNTY CITY OF KENT ' FOR King County Executive Signature Date NAME (Please type or print) Date Approved by DCHS Director Approved as to Form. OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY September 26, 2006 I City of Kent Page 16 of 16 2007 Contract Kent City Council Meeting Date October 2, 2007 Category Consent Calendar 1 1. SUBJECT: SAFE HAVENS FEES FOR SERVICE — ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the fees for service and authorize the expenditure of funds for the Safe Havens Visitation and Exchange Program. The Safe Havens Visitation Center collects intake and visit fees from each family that uses its services The collected fees will be used to pay for materials, supplies, and training and to provide scholarships to families that cannot afford to pay the intake fee. 3. EXHIBITS: Fee schedule and payment agreement 4. RECOMMENDED BY: Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund H00010 4626 Amount $10,000 (approx) Unbudgeted Revenue: Fund 1-10001054690 4626 Amount $10,000 (approx) 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 1 Council Agenda Item No. 6J Fee Schedule and Payment Agreement Intakes: A fee of$25.00 will be charged for each intake and will be payable at the time of the intake session. Each party is responsible for payment of their respective intake unless otherwise ordered by the court. Full or partial scholarships may available for qualifying clients. Visits: Visits will be charged by the hour and fees will be based upon the established sliding scale - $2 00 - $75.00 per hour. A copy of the previous year's tax return or other proof of income will be required and kept in client's file. Unless otherwise ordered by the court, the cost of services will be assigned to the visiting parent. If fees are to be split, separate hourly rates will be determined by each parry's income level. Fees must be paid in advance of each visit. Failure to pay in time will result in cancellation of the next scheduled visit. Schedule Changes: There will be a fee of up to $10.00 for each requested schedule change, payable by the requesting party in advance of the next visit. Cancellation: Clients are required to give notice of cancellation 72 hours in advance of scheduled visit in order to receive refund or credit of fees paid. Full fee may be charged at the discretion of the Program Supervisor for any cancellations after the 72 hour mark. Court Appearances: There will be a fee of$75 per hour beginning with drive time for any and all court-ordered appearances by Center staff. The fee will be charged to the requesting party, payable upon completion of court appearance and prior to continuation of services. Methods of Payment: Cash, check, or money order are acceptable forms of payments. Payments may be made in person or mailed to arrive before the next scheduled visit. I understand all of the above financial policies and agree to adhere to them. After a review of my income, Safe Havens staff has determined the following hourly rate for visits (if applicable): Signature Date Witness Date Sliding Fee Scale (Based on annual earnings) Income Hourly Rate for Hourly Rate 1-3 Children 4 + Children $ 0 - $15,000 $ 2 $ 2 $15,001 - $25,000 $ 5 $ 7.50 $25,001 - $30,000 $10 $15 $30,001 - $35,000 $15 $22.50 $35,001 - $40,000 $20 $30 $40,001 - $45,000 $25 $37.50 $45,001 - $50,000 $32.50 $45. $50,001 - $55,000 $40 $55 $55,001 - $60,000 $47.50 $65 $60,001 + $55 $75 In this case, the visit fees will be paid by: Visiting parent Residential parent Both parents Hourly rate for visits will be $ for VP and/or $ for CP Type of income verification submitted: Previous year's tax return 3 recent pay stubs Award letter from Social Security or other public assistance program Other Scholarship requested for intake fee? Yes No Amount awarded? Signature: Date: Kent City Council Meeting Date October 2, 2007 Category Consent Calendar 1. SUBJECT: WASHINGTON STATE DSHS ACCESS AND VISITATION GRANT FOR SAFE HAVENS — ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the State of Washington DSHS Grant in the amount of$8,184, authorize the Mayor to sign all grant documents, and approve the expenditure of funds in the Safe Havens budget. The City accepted grant funds in the amount of$32,664 from the State of Washington DSHS Grant in January 2007. The actual contract was for $40,830 with a ten percent in-kind match, leaving $36,747 to be used to provide services to low income families at the Safe Havens Visitation and Exchange Center. Funds will be used for personnel costs, rent, utilities and supplies. 3. EXHIBITS: DSHS Access and Visitation Contract #0713-06816 4. RECOMMENDED BY: Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund H00012 Amount $8,184.00 Unbudgeted Revenue: Fund H00012 Amount $8,184 00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6K DSHS Contract Number CLIENT SERVICE CONTRACT 0713-06Fro l"rn�ltmgmn Srate Resul�ng From Solicitation Number DEPARTMENT OF 7SOOCi r L&HEALTH SERVICES Access and Visitation This Contract is between the State of Washington Department of Program Contract Number Social and Health Services (DSHS) and the Contractor identified Contractor Contract Number below. CONTRACTOR NAME CONTRACTOR doing business as(DBA) City of Kent CONTRACTOR ADDRESS WASHINGTON UNIFORM DSHS INDEX NUMBER BUSINESS IDENTIFIER(UBI) 220 4th Ave South 22475 Kent, WA 98032-5895 CONTRACTOR CONTACT CONTRACTOR TELEPHONE CONTRACTOR FAX CONTRACTOR E-MAiL ADDS Tracee Parker (253) 856-5074 Ext: (253)856-6140 TParker@ci kent wa us DSHS ADMINISTRATION DSHS DIVISION DSHS CONTRACT CODE ALL All Divisions I 3000XC-13 DSHS CONTACT NAME AND TITLE DSHS CONTACT ADDRESS Donna Hengeveld PO Box 9162 Program Administrator Olympia, WA 98507-9162 DSHS CONTACT TELEPHONE DSHS CONTACT FAX DSHS CONTACT E-MAIL ADDRESS 206 341-7245 Ext- 206 341-7277 1 dhen eve dshs wa gov IS THE CONTRACTOR A SUBRECIPIENT FOR PURPOSES OF THIS CONTRACT? CFDA NUMBER(S) ' Yes 93 597 CONTRACT START DATE CONTRACT END DATE CONTRACT MAXIMUM AMOUNT 2/1/2007 9/2912007 40830 EXHIBITS. The following Exhibits are attached and are incorporated into this Contract by reference: ❑ Exhibits (specify): ❑ No Exhibits. The terms and conditions of this Contract are an Integration and representation of the final, entire and exclusive understanding between the parties superseding and merging all previous agreements, writings, and communications, c or otherwise, regarding the subject matter of this Contract The parties signing below represent that they have read ar understand this Contract, and have the authority to execute this Contract This Contract shall be binding on DSHS oni upon signature by DSHS CONTRACTOR SIGNATURE PRINTED NAME AND TITLE DATE SIGNED DSHS SIGNATURE PRINTED NAME AND TITLE DATE SIGNED Christine Simmonds, Contract Analyst DSHS/Economic Services Administration DSHS Central Contract Services 6012XF Custom Client Service Contract(9-28-06) Page 2 DSHS General Terms and Conditions 1. Definitions The words and phrases listed below, as used in this Contract, shall each have the following definitions. a. "Central Contract Services" means the DSHS central headquarters contracting office, or successor section or office. b. "Contract" means the entire written agreement between DSHS and the Contractor, Including any Exhibits, documents, and materials incorporated by reference. C. "Contracts Administrator" means the manager, or successor, of Central Contract Services or successor section or office. d. "Contractor' means the individual or entity performing services pursuant to this Contract and Includes the Contractor's owners, members, officers, directors, partners, employees, and/or agents, unless otherwise stated in this Contract For purposes of any permitted Subcontract, "Contractor' includes any Subcontractor and its owners, members, officers, directors, partners, employees, and/or agents The Contractor for this contract is City of Kent e "Debarment" means an action taken by a Federal official to exclude a person or business entity from participating in transactions involving certain federal funds. f. "DSHS" or the "Department" means the state of Washington Department of Social and Health Services and its employees and authorized agents g. "Personal Information" means information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, Social Security Numbers, driver license numbers, other identifying numbers, and any financial identifiers. h. "RCW" means the Revised Code of Washington All references in this Contract to RCW chapters or sections shall include any successor, amended, or replacement statute. Pertinent RCW chapters can be accessed at http//slc.leg wa.gov/ "Regulation" means any federal, state, or local regulation, rule, or ordinance. j. "Subcontract" means any separate agreement or contract between the Contractor and an individual or entity ("Subcontractor') to perform all or a portion of the duties and obligations that the Contractor is obligated to perform pursuant to this Contract. , k. "Subrecipient" means a non-federal entity that expends federal awards received from a pass- through entity to carry out a federal program, but does not include an individual that is a beneficiary of such a program A Subrecipient may also be a recipient of other federal awards directly from a federal awarding agency. I. "WAC" means the Washington Administrative Code. All references in this Contract to WAC chapters or sections shall include any successor, amended, or replacement regulation. Pertinent WAC chapters or sections can be accessed at http.//sic.leg.wa.gov/. 2. Amendment. This Agreement may only be modified by a written amendment signed by both parties. Only personnel authorized to bind each of the parties may sign an amendment. 3. Assignment. The Contractor shall not assign this Agreement or Program Agreement to a third party DSHS Central Contract Services 6012XF Custom Client Service Contract(9-28-06) Page 3 DSHS General Terms and Conditions without the prior written consent of DSHS i4. Billing Limitations. a. DSHS shall pay the Contractor only for authorized services provided in accordance with this Contract b. DSHS shall not pay any claims for payment for services submitted more than twelve (12) months after the calendar month in which the services were performed c. The Contractor shall not bill and DSHS shall not pay for services performed under this Contract, if the Contractor has charged or will charge the state of Washington or any other party for the same services. 5. Compliance with Applicable Law. At all times during the term of this Contract, the Contractor shall comply with all applicable federal, state, and local laws and regulations, Including but not limited to, nondiscrimination laws and regulations. 6. Confidentiality. The Contractor may use Personal Information and other information gained by reason of this Agreement only for the purpose of this Agreement. The Contractor shall not disclose, transfer, or sell any such Information to any party, except as provided by law or, in the case of Personal Information, without the prior written consent of the person to whom the Personal Information pertains. The Contractor shall maintain the confidentiality of all Personal Information and other Information gained by reason of this Agreement, and shall return or certify the destruction of such information if requested in writing by DSHS 7. Debarment Certification. The Contractor, by signature to this contract, certifies that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from participating in transactions. The Contractor also agrees to include the above requirement in any and all subcontracts into which it enters 8. Governing Law and Venue. This contract shall be construed and interpreted in accordance with the laws of the state of Washington and the venue of any action brought hereunder shall be in Superior Court for Thurston County. In the event that an action is removed to U.S District Court, venue shall be in the Western District of Washington. 9. Independent Contractor. The parties intend that an independent contractor relationship will be created by this contract The Contractor and his or her employees or agents performing under this contract are not employees or agents of the Department. The Contractor, his or her employees, or agents performing under this contract will not hold himself/herself out as, nor claim to be, an officer or I employee of the Department by reason hereof, nor will the Contractor, his or her employees, or agent make any claim of right, privilege or benefit that would accrue to such employee 10. Inspection. In addition to any rights of access or inspection that may be included in the Special Terms and Conditions, or in any Program Agreement, the Contractor shall provide reasonable access to the Contractor's place of business, Contractor records, and client records, to DSHS and to any authorized agent of the state of Washington or the federal government in order to monitor, audit, and evaluate the Contractor's performance and compliance with applicable laws, regulations, and these Contract terms during the term of this Contract and for one (1) year following termination or expiration of this Contract. 11. Maintenance of Records. The Contractor shall maintain records relating to this contract and the performance of the services described herein, including but not limited to accounting procedures and DSHS Central Contract Services 6012XF Custom Client Service Contract(9-28-06) Page 4 DSHS General Terms and Conditions practices, which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract All records and other material relevant to this contract shall be retained for six (6) years after expiration or termination of this contract. At no additional cost, these records shall be subject at all reasonable times to inspection, review or audit by the department, personnel duly authorized by the department, the Office of the State Auditor, and any federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 12. Order of Precedence. In the event of any inconsistency or conflict between the General Terms and Conditions and the Special Terms and Conditions of this agreement or any Program Agreement, the ' inconsistency or conflict shall be resolved by giving precedence to these General Terms and Conditions 13. Severability. If any term or condition of this Contract is held invalid by any court, such invalidity shall not affect the validity of the other terms or conditions of this Contract. 14. Survivability. The terms and conditions contained in this Agreement or any Program Agreement which, by their sense and context, are intended to survive the expiration or termination of the particular agreement shall survive. Surviving terms include, but are not limited to: Billing Limitations, Confidentiality, Disputes; Indemnification and Hold Harmless, Inspection, Maintenance of Records, Notice of Overpayment, Ownership of Material, Termination for Default, Termination Procedure, and Treatment of Property. ' 15. Termination Due to Change in Funding. If the funds DSHS relied upon to establish this Agreement or Program Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding, DSHS may immediately terminate this Agreement by providing written notice to the Contractor The termination shall be effective on the date specified in the termination notice 16. Waiver. Waiver of any breach or default on any occasion shall not be deemed to be a waiver of any subsequent breach or default. Any waiver shall not be construed to be a modification of the terms and conditions of this Contract Only the DSHS Chief Administrative Officer or designee has the authority to waive any term or condition of this Contract on behalf of DSHS ' Additional General Terms and Conditions—Client Service Contracts: , 17. Advance Payment. DSHS shall not make any payments in advance or anticipation of the delivery of services to be provided pursuant to this Contract- 18. Contractor Certification Regarding Ethics. The Contractor certifies that the Contractor is now, and shall remain, in compliance with Chapter 42.52 RCW, Ethics in Public Service, throughout the term of this Contract 19. Health and Safety. Contractor shall perform any and all of its obligations under this Contract in a manner that does not compromise the health and safety of any DSHS client with whom the Contractor has contact. 20. Indemnification and Hold Harmless. DSHS Central contract Services 6012XF Custom client Service Contract(9-28-06) Page 5 DSHS General Terms and Conditions a. The Contractor shall be responsible for and shall Indemnify, defend, and hold DSHS harmless from ' all claims, loss, liability, damages, or fines arising out of or relating to a) the Contractor's or any Subcontractor's performance or failure to perform this Contract, or b) the acts or omissions of the Contractor or any Subcontractor. b. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend, and hold harmless the State and its agencies, officials, agents, or employees. ' 21. Industrial Insurance Coverage. The Contractor shall comply with the provisions of Title 51 RCW, Industrial Insurance If the Contractor fads to provide industrial insurance coverage or fads to pay ' premiums or penalties on behalf of Its employees, as may be required by law, DSHS may collect from the Contractor the full amount payable to the Industrial Insurance accident fund. DSHS may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by DSHS under this contract, and transmit the deducted amount to the Department of Labor and ' Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the Contractor. 22. Notice of Overpayment If the Contractor receives a vendor overpayment notice or a letter communicating the existence of an overpayment from DSHS, the Contractor may protest the overpayment determination by requesting an adjudicative proceeding The Contractor's request for an ' adjudicative proceeding must a. Be received by the Office of Financial Recovery (OFR) at Post Office Box 9501, Olympia, ' Washington 98507-9501, within twenty-eight (28) calendar days of service of the notice; b. Be sent by certified mail (return receipt) or other manner that proves OFR received the request; c. Include a statement as to why the Contractor thinks the notice is incorrect; and d. Include a copy of the overpayment notice. ' Timely and complete requests will be scheduled for a formal hearing by the Office of Administrative Hearings. The Contractor may be offered a pre-hearing or alternative dispute resolution conference in an attempt to resolve the overpayment dispute prior to the hearing. Failure to provide OFR with a written request for a hearing within twenty-eight(28)days of service of a ' vendor overpayment notice or other overpayment letter will result in an overpayment debt against the Contractor DSHS may charge the Contractor interest and any costs associated with the collection of this overpayment. DSHS may collect an overpayment debt through lien, foreclosure, seizure and sale of the Contractor's real or personal property; order to withhold and deliver, or any other collection action ' available to DSHS to satisfy the overpayment debt. 23. Ownership of Material. Material created by the Contractor and paid for by DSHS as a part of this Contract shall be owned by DSHS and shall be "work made for hire" as defined by Title 17 USCA, Section 101. This material includes, but is not limited to books, computer programs, documents, films; pamphlets-, reports; sound reproductions; studies; surveys; tapes; and/or training materials Material ' which the Contractor uses to perform the Contract but is not created for or paid for by DSHS is owned by the Contractor and is not "work made for hire", however, DSHS shall have a perpetual license to use this material for DSHS internal purposes at no charge to DSHS, provided that such license shall be ' limited to the extent which the Contractor has a right to grant such a license. 24. Subcontracting. Except as otherwise provided in this Contract, the Contractor shall not subcontract DSHS Central Contract Services 6012XF Custom Client Service Contract(9-28-06) Page 6 DSHS General Terms and Conditions any of the contracted services without the prior approval of DSHS. Contractor is responsible to ensure that all terms, conditions, assurances and certifications set forth in this Contract are included in any and , all Subcontracts Any failure of Contractor or Its subcontractors to perform the obligations of this Contract shall not discharge the Contractor from Its obligations hereunder or diminish DSHS' rights or remedies available under this Contract. , 25. Subrecipients. a. General If the Contractor is a subrecipient of federal awards as defined by Office of Management , and Budget (OMB) Circular A-133 and this Agreement, the Contractor shall: (1) Maintain records that identify, in its accounts, all federal awards received and expended and the ' federal programs under which they were received, by Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, name of the federal agency, and name of the pass-through entity, ' (2) Maintain internal controls that provide reasonable assurance that the Contractor is managing federal awards in compliance with laws, regulations, and provisions of contracts or grant ' agreements that could have a material effect on each of its federal programs; (3) Prepare appropriate financial statements, including a schedule of expenditures of federal ' awards, (4) Incorporate OMB Circular A-133 audit requirements into all agreements between the Contractor ' and its Subcontractors who are subrecipients; (5) Comply with any future amendments to OMB Circular A-133 and any successor or replacement Circular or regulation; ' (6) Comply with the applicable requirements of OMB Circular A-87 and any future amendments to OMB Circular A-87, and any successor or replacement Circular or regulation, and ' (7) Comply with the Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title 11 of the Americans with Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age Discrimination Act of 1975, and The Department of Justice Non-Discrimination Regulations, 28 C F.R. Part 42, Subparts C.D E and G, and 28 C.F.R. Part 35 and 39. (Go to www ojp usdoi gov/ocr/for additional information and access to the aforementioned Federal laws and regulations ) b. Single Audit Act Compliance If the Contractor is a subrecipient and expends $500,000 or more in federal awards from any and/or all sources in any fiscal year, the Contractor shall procure and pay ' for a single audit or a program-specific audit for that fiscal year. Upon completion of each audit, the Contractor shall: (1) Submit to the DSHS contact person the data collection form and reporting package specified in OMB Circular A-133, reports required by the program-specific audit guide (if applicable), and a copy of any management letters issued by the auditor, ' (2) Follow-up and develop corrective action for all audit findings; in accordance with OMB Circular A-133, prepare a "Summary Schedule of Prior Audit Findings " , c. Overpayments If it is determined by DSHS, or during the course of a required audit, that the DSHS Central Contract Services , 6012XF Custom Client Service Contract(9-28-06) Page 7 DSHS General Terms and Conditions ' Contractor has been paid unallowable costs under this or any Program Agreement, DSHS may ' require the Contractor to reimburse DSHS in accordance with OMB Circular A-87. 26. Termination for Convenience. DSHS may terminate this Contract in whole or in part when it is in the best interest of DSHS by giving the Contractor at least thirty (30) calendar days' written notice The Contractor may terminate this Contract for convenience by giving DSHS at least thirty (30) calendar days' written notice addressed to DSHS at the address listed on page 1 of this Contract 27. Termination for Default. The Contracts Administrator may immediately terminate this Contract for default, in whole or in part, by written notice to the Contractor if DSHS has a reasonable basis to believe that the Contractor has- a. Failed to meet or maintain any requirement for contracting with DSHS; ' b. Failed to protect the health or safety of any DSHS client pursuant to Section 9, Health and Safety, of this Contract; c. Failed to perform under, or otherwise breached, any term or condition of this Contract; and/or d. Violated any applicable law or regulation. ' If it is later determined that the Contractor was not in default, the termination shall be considered a termination for convenience. 28. Termination or Expiration Procedure. The following terms and conditions apply upon Contract termination or expiration. ' a The Contractor shall cease to perform any services required by this Contract as of the effective date of termination or expiration ' b. If the Contract is terminated, the Contractor shall comply with all instructions contained in the termination notice c. The Contractor shall immediately deliver to the DSHS contact named on page one of this Contract, ' or to his or her successor, all DSHS property in the Contractor's possession, including any "works for hire" as described in Section 17, Ownership of Material The Contractor grants DSHS the right to enter upon the Contractor's premises for the sole purpose of recovering any DSHS property that ' the Contractor fails to return within ten (10) calendar days of the effective date of termination or expiration of this Contract Upon failure to return DSHS property within ten (10) calendar days, the Contractor shall be charged with all reasonable costs of recovery, including transportation. d. DSHS shall be liable only for payment required under the terms of this Contract for service rendered up to the effective date of termination or expiration ' e. DSHS may withhold a sum from the final payment to the Contractor that DSHS determines necessary to protect DSHS against loss or additional liability ' f. The rights and remedies provided to DSHS in this Section are in addition to any other rights and remedies provided at law, in equity, and/or under this Contract, including consequential and incidental damages. ' 29. Treatment of Client Property Unless otherwise provided, the Contractor shall ensure that any adult ' DSHS Central Contract Services 6012XF Custom Client Service Contract(9-28-06) Page 8 DSHS General Terms and Conditions ' client receiving services from the Contractor has unrestricted access to the client's personal property. , The Contractor shall not Interfere with any adult client's ownership, possession, or use of the client's property The Contractor shall provide clients underage eighteen (18)with reasonable access to their , personal property that is appropriate to the client's age, development, and needs. Upon termination of the Contract, the Contractor shall Immediately release to the client and/or the client's guardian or custodian all of the client's personal property , 30. Treatment of Property. All property purchased or furnished by DSHS for use by the Contractor during this Contract term shall remain with DSHS. Title to all property purchased or furnished by the ' Contractor for which the Contractor is entitled to reimbursement by DSHS under this Contract shall pass to and vest in DSHS. The Contractor shall protect, maintain, and insure all DSHS property in Its possession against loss or damage and shall return DSHS property to DSHS upon Contract termination ' or expiration APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL ' t DSHS Central Contract Services , 6012XF Custom Client Service Contract(9-28-06) Page 9 DSHS General Terms and Conditions 1. Definitions Specific to Special Terms. The words and phrases listed below, as ' used in this Contract, shall each have the following definitions: a. "DCS" means Division of Child Support. b. "OCSE" means federal Office of Child Support Enforcement. ' 2. Purpose. The purpose of this Contract is to. The Contractor will be using federal fiscal year 2006 (FFY 06) Access and ' Visitation grant funds to support and facilitate non-custodial parent's access to and visitation with their children. The federal Office of Support Enforcement (OCSE) grant number is 0601WASAVP_ 3. Statement of Work. The Contractor shall provide the services and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below. ' a. The Contractor must administer their FFY 06 Access and Visitation grant program in compliance with all applicable federal grant instructions, terms and conditions, all applicable Department of Health and Human Services regulations and federal Office of Management and Budget (OMB) circulars. The Contractor must maintain a copy of these documents for their records or ' maintain an internet access to the documents and be familiar with the content of the documents b. Contractor shall provide visitation enforcement which includes monitoring, supervision, and neutral drop-off and pick-up of minor whose parents are separated or divorced. ' c. The Contractor shall collect the required FFY 06 Access and Visitation local service provider data for each party that receives Access and Visitation grant services through their programs d. The Contractor shall submit the required FFY 06 Access and Visitation local service provider data quarterly to DCS for review and approval All of the quarterly reports must be mailed to the DSHS contact on page one (1) of this contract. The first quarterly report is January 31, 2007 The second quarterly report is due April 30, 2007. The third quarterly report is due July 31, 2007. The fourth and final report is due October 31, 2007. e. The Contractor shall work with DCS to complete all necessary OCSE fiscal and project summary reports 4. Consideration. Total consideration payable to Contractor for satisfactory performance of the work under this Contract is up to a maximum of$40,830.00, including any and all expenses, and shall be based on the following. a. The maximum amount of federal Access and Visitation grant funds shall be $36,747.00 The maximum amount of state funds is $0.00 The maximum PAAd min istration\City Council Committees\2007\2007 Parks Committee\September 2007\Parks Committee08062007State Access ' Grant.doc[Type text] DSHS General Terms and Conditions amount of local match funds or in-kind contributions shall be $4,083.00. b. DSHS shall pay the Contractor$105 00 per hour for supervised visitation , between non-custodial parents and their children c. DSHS shall pay the Contractor$50.00 for each exchange ' d DSHS shall pay the Contractor$25.00 for each intake, case set up, and ' scheduling of visitation services performed by the Contractor. e Federal Access and Visitation grant funds are to be expended only to establish and administer the Contractors and subcontractors Access and Visitation grant project. f. The Contractor must refund to DSHS any federal Access and Visitation grant funds paid to the Contractor which are disallowed by state or federal auditors. 5. Billing and Payment. , a. Invoice System. The Contractor shall submit monthly invoices using State Form A-19 Invoice Voucher, or such other form as designated by DSHS ' Consideration for services rendered shall be payable upon receipt of properly completed invoices which shall be submitted to the DSHS contact listed on page one of this Contract The invoices shall describe and document to ' DSHS' satisfaction a description of the work performed, activities accomplished, the progress of the project, and fees The rates shall be in accordance with those set forth in Section 4, Consideration, of this Contract. b. The Contractor shall submit with their monthly invoice a local match , certification. DCS shall provide a copy of the local match certification to the Contractor. , c. The invoice voucher with original authorized signature shall be submitted to: Division of Child Support ' Access &Visitation Program Manager PO Box 9162 ' Olympia WA 98507-9162 d Payment Payment shall be considered timely if made by DSHS within thirty ' (30) days after receipt and acceptance by the DSHS contact of the properly completed invoices Payment shall be sent to the address designated by the Contractor on page one of this Contract DSHS may, at its sole discretion, withhold payment claimed by the Contractor for services rendered if ' Contractor fails to satisfactorily comply with any term or condition of this Contract e All invoices must be received by DCS no later than November 30, 2007. f. If the Contractor does not timely submit all reports as set forth in Section 3 ' P.\Administration\City Council Committees\2007\2007 Parks Committee\September 2007\Parks Comm ittee08062007State Access Grant.doc[Type text] ' DSHS General Terms and Conditions Statement of Work, DSHS shall withhold all payment for services provided ' under this Contract until such time that the reports have been submitted to and approved by DCS. ' 6. Insurance. The Contractor shall at all times comply with the following insurance 1 requirements. a. General Liability Insurance ' The Contractor shall maintain Commercial General Liability Insurance, or Business Liability Insurance, including coverage for bodily injury, property damage, and contractual liability, with the following minimum limits: Each ' Occurrence - $1,000,000; General Aggregate - $2,000,000 The policy shall include liability arising out of premises, operations, independent contractors, products-completed operations, personal injury, advertising injury, and liability assumed under an insured contract The State of Washington, Department of Social & Health Services (DSHS), and elected and appointed officials, agents, and employees of the state, shall be named as additional insureds. b. Business Automobile Liability Insurance The Contractor shall maintain a Business Automobile Policy on all vehicles used to transport clients, including vehicles hired by the Contractor or owned by the Contractor's employees, volunteers or others, with the following ' minimum limits $1,000,000 per accident combined single limit. The Contractor's carrier shall provide DSHS with a waiver of subrogation or name DSHS as an Additional Insured. c. Worker's Compensation ' The Contractor shall comply with all applicable Worker's Compensation, occupational disease, and occupational health and safety laws and regulations The State of Washington and DSHS shall not be held ' responsible for claims filed for Worker's Compensation under RCW 51 by the Contractor or its employees under such laws and regulations. ' d. Employees and Volunteers Insurance required of the Contractor under the Contract shall include coverage for the acts and omissions of the Contractor's employees and ' volunteers In addition, the Contractor shall ensure that all employees and volunteers who use vehicles to transport clients or deliver services have personal automobile insurance and current driver's licenses ' e. Subcontractors The Contractor shall ensure that all subcontractors have and maintain P:\Administration\City Council Committees\2007\2007 Parks Comm ittee\Septem ber 2007\Parks Comm ittee08062007State Access ' Grant.doc[Type text] DSHS General Terms and Conditions insurance with the same types and limits of coverage as required of the Contractor under the Contract. ' f. Separation of Insureds All insurance policies shall include coverage for cross liability and contain a , "Separation of Insureds" provision. g. Insurers , The Contractor shall obtain insurance from insurance companies identified as ' an admitted insurer/carrier in the State of Washington, with a Best's Reports' rating of B++, Class VI I, or better Surplus Lines insurance companies will have a rating of A-, Class VII, or better. h Evidence of Coverage The Contractor shall submit Certificates of Insurance to the DSHS point of ' contact located on page one of the contract for each coverage required of the Contractor under the Contract. The Certificate shall identify the DSHS Central Contract Services, P O Box 45811, Olympia, Washington 98504- ' 5811 as Certificate Holder. A duly authorized representative of each insurer, showing compliance with the insurance requirements specified in this Contract, shall execute each Certificate of Insurance The Contractor is not required to submit to DSHS copies of Certificates of Insurance for personal automobile insurance required of the Contractor's employees and volunteers under the contract. The Contractor shall maintain copies of Certificates of Insurance for each , subcontractor as evidence that each subcontractor maintains insurance as required by the Contract. i. Material Changes The insurer shall give DSHS Central Contract Services 45 days advance ' written notice of cancellation or non-renewal. If cancellation is due to non- payment of premium, the insurer shall give DSHS 10 days advance written notice of cancellation. , j. General By requiring insurance, the State of Washington and DSHS do not represent ' that the coverage and limits specified will be adequate to protect the Contractor Such coverage and limits shall not be construed to relieve the , Contractor from liability in excess of the required coverage and limits and shall not limit the Contractor's liability under the indemnities and reimbursements granted to the State and DSHS in this Contract All ' P \Administration\City Council Committees\2007\2007 Parks Comm ittee\September 2007\Parks Commlttee08062007State Access Grant.doc[Type text] ' DSHS General Terms and Conditions ' insurance provided in compliance with this Contract shall be primary as to any other insurance or self-insurance programs afforded to or maintained by the State. The Contractor waives all rights against the State of Washington and DSHS for the recovery of damages to the extent they are covered by insurance. 7. Disputes. Either party may submit a request for resolution of a contract dispute (rates set by law, regulation, or DSHS policy are not disputable). The requesting party shall submit a written statement identifying the issue(s) in dispute and the relative positions of the parties. A request for a dispute resolution must include the Contractor's name, address, and contract number, and be mailed to the address listed below within thirty (30) calendar days after the party could reasonably be expected to have knowledge of the issue in dispute DSHS/Economic Services Administration Attn. Contract Compliance and Analysis Unit P.O. Box 45445 Olympia, WA 98504-5445 P:\Administration\City Council Committees\2007\2007 Parks Committee\September 20071Parks Committee08062007State Access Grant.doc[fype text] EXHIBIT V ' CITY OF KENT SAFE HAVENS VISITATION CENTER SUPERVISED VISITATION AND SAFE EXCHANGE SERVICES , 1. WORK STATEMENT ' The Agency shall provide supervised visitation and safe exchange services for families impacted by domestic violence, sexual assault, child abuse, and stalking in accordance with ' the terms and conditions described hereinafter. The total amount of reimbursement pursuant to this Exhibit shall not exceed $50,000 in County funds for the Exhibit period July 1, 2007 through December 31, 2007. ' 11. PROGRAM DESCRIPTION A Outcome , To provide a safe haven from all forms of violence and abuse by increasing safety for adult and child victims of domestic violence, sexual assault, child abuse, and stalking by providing supervised visitation and safe exchanges B. Indicators Seventy-five percent of adult victims of domestic violence utilizing the Safe Havens Visitation Center will report an increased sense of safety during service provision as ' measured by pre and post surveys. C. Eligibility The criteria for acceptance into the program are the fear or need for protection of one parent against the other parent while complying with visitation or exchange orders. D. Definitions 1. Enrolled clients are supervised visitation and safe exchange services to families , impacted by domestic violence, sexual assault, child abuse, and stalking. 2. Program Measurement Tool is a pre-and post-survey administered to protected , parent at the beginning and end of service provision. Survey has scales of perceived safety or danger in and around the center, before, during, and after visitation ' 3. Safe visitation and exchange are one-hour weekly visits between non- residential parents and their children. Exchanges are provided to families , transitioning out of supervised visitation or as outlined in a court order Services are offered Wednesday through Sunday E. Program Requirements 1. The Agency agrees to provide, at minimum, the following cumulative units of , service: City of Kent Page 1 of 3 2007 Contract-Exh V ' Services 1St qtr July—Sep 2" qtr July- Dec cumulative cumulative ' Enrolled Clients 4 1 4 4 8 2 The Agency shall offer the following services: a. Intake and Assessment: (two hours) separate schedules, in-depth, on- site intake interviews with the offender and the adult victim in order to 1 identify risk factors related to domestic violence, sexual assault, child abuse, and stalking. Services shall include a review of all program guidelines and expectations, current contact information; additional resources as needed, tour of the visitation area; preparation of files and development of visitation schedule; b. Child Orientations: (one-half hour) meeting with child to identify concerns, answer questions, set up safety signal as needed, explain visit supervisor's role, showing of various activities and toys ' available during visits and practice visitation without custodial parent; C. Supervised Visits- (2 hours) check-in with visiting parent during pre-visit 30 minute wait time. Services shall include: supervised one hour visit, ' debrief with visiting parent and completion of observation notes and other relevant documentation for file, d. Supervised Exchanges- (one-half hour) sign-in of each party at designated entrances and times. Escort of child from one parent to the other and enforcement of staggered arrival and departure times to ensure no contact between parties; and e. Weekly Staff Case Consults: (two and one-half hours) staff identify and discuss ongoing and emerging concerns related to safety and scheduling issues, problem solve and present case challenges and identify training needs and debrief stressful case situations 3. In order to complement and maximize available resources, and to achieve the best possible outcomes for clients, the Agency shall have a working agreement and/or contractual relationship for coordinated service provision. IIll. COMPENSATION AND METHOD OF PAYMENT ' A. Billing Invoice 1. The Agency shall submit a Billing Invoice Package quarterly that consists of an ' invoice statement and other reporting requirements as stated in Section IV , REPORTING REQUIREMENTS, of this Exhibit in a format approved by the County. The Billing Invoice Package is due within ten working days after the ' end of the quarter. 2. A hard copy of the invoice shall be submitted with original signatures. Other ' reporting forms shall be submitted electronically City of Kent Page 2 of 3 2007 Contract-Exh V B. Method of payment 1. Reimbursement shall be made quarterly. 2. Subsidy costs for clients shall be paid according to the following unit cost: a. Assessmentlintake (per intake) $300 ' b. Child Orientation (per family) $ 75 C. Supervised Visitation (per visit) $300 , d. Staff Consultation (per week) $375 ' 3. The Agency shall advise the County quarterly of any changes in revenues from sources other than the County that are used to provide the services funded under this Contract The Agency agrees to re-negotiate performance requirements if the County determines that such changes are substantial. 4. The Agency shall not invoice and charge the County for incurred costs which ' are also specifically paid for by another source of funds 5. If the Agency fails to submit any of the reporting requirements as stated to ' Section IV , REPORTING REQUIREMENTS, the current invoice and the future invoice shall not be paid until the Agency submits all required paperwork. IV. REPORTING REQUIREMENTS The Agency shall submit the following data in a format approved by the County. I A The following forms shall be submitted electronically to the contract monitor at arlene.arausa(a.kingcounty go v in a format approved by the County 1. Service-Activity Report; 2. Client Profile Report; and 3. Human Services Outcome Report(s) , B. The Agency shall submit a Service-Activity Report in a format provided by the County. This report states the number of units of services provided by the Agency as described in Section ILE 1., Program Requirements The Agency shall submit this report within ten working days after the end of each quarter C. The Agency shall submit the Client Profile Report for King County (client demographics)with the September, and December 2007 invoices in a format provided by the County. ' D. The Human Services Outcome report shall be submitted with the December 2007 invoice. City of Kent Page 3 of 3 2007 Contract-Exh V ' Kent City Council Meeting Date October 2, 2007 Category Consent Calendar 1. SUBJECT: AMENDMENT TO HUMAN SERVICES COMMISSION ORDINANCE—ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. , which amends chapter 2.53 of the Kent City Code entitled "Human Services Commission," to expand the commission's size, to re-define member voting roles and term limits, and to make other housekeeping revisions. The Human Services Commission was created by Council's adoption of Ordinance No 2655 on September 3, 1986, and these code provisions were last updated in 1990. The proposed ordinance officially creates a youth representative position on the commission, provides that a three-year term shall apply to all commission positions, except to the youth and council representatives who shall only serve a one-year term; ' and makes other housekeeping amendments to make the code provisions more clear. 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: 1 Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ ' 6. CITY COUNCIL ACTION: 1 Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6L 1 t 1 IORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, amending chapter 2.53 of the Kent City Code, entitled "Human Services Commission," to expand the size of the commission, to re-define member voting roles and term limits, and to make other housekeeping revisions. 1 RECITALS A. On September 3, 1986, the Human Services Commission was created by council's adoption of Ordinance No. 2655. The current code provisions concerning the commission are codified in chapter 2.53 of the Kent City Code. City staff recommends amending these code provisions to allow the commission to expand its membership. B. Although a youth representative has served on the commission since 2006, the code has not yet been revised to officially recognize this membership position, to grant voting rights, or to establish a term limit. C. Though the current code provisions provide that a commission position may be filled by a member of a human services provider organization or agency, the code limits this position's term to two years and confers no voting rights. This revised ordinance extends this position's term to three years and confers voting rights to make the position consistent with the others. 1 D. While the code provisions provide that a chairperson is elected from ' the commission's members each year, the commission would like to amend the code provisions to allow that at the end of the current chairperson's term, the 1 Amend Ch. 2.53 KCC- 1 Human Services Commission 1 chair-elect would assume the role of chairperson and the commission would then ' elect from its members a new chair-elect. At the end of each year, the then chair- elect will assume the chairperson role and a new chair-elect would be elected. , E. Lastly, the ordinance makes other housekeeping revisions for clarity j and organization. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Chapter 2.53 of the Kent City Code, entitled "Human Services Commission," is amended as follows: L CHAPTER 2.53 ' HUMAN SERVICES COMMISSION Sec. 2.53.030. Created. The city human services commission is hereby , created. The commission shall serve in an advisory capacity to the mayor and city council. Sec. 2.53.040. Membership, terms, residence requirements. , A. Membership. The human services commission shall consist of seventen (-10) appointed members, each appointed by the mayor and confirmed by the , city council. Each member of the commission shall have an equal vote in decisions of the commission, except tfor�the council representative, who shall serve in a non-voting capacity. , ..F ed by the .,.ty a n.l B. The-teffn ef effilee shall be-thFee (3)years. human r ... .. �'7 nt ent fOF that „ tion shall be fee th Fee (3) ,-.FII 2 Amend Ch. 2.53 KCC— Human Services Commission BE. Terms of appointment. With respect to the members appointed and confirmed to serve on the commission, the following provisions shall apply: 1. At least four (4) peFsens appelFited to serye n the h,..nan SeFyiees commissioners shall reside within the corporate limits of the city. 2.9: T e the extent pfaet:t-&{ , aAppointments shall reflect a balance of interests and should be equally proportionate and contain no more than two representativesffK4e#e, to the extent practicable, from each of the following communities, entities, or interest groups: twe-R*business s, aeducational, spiritual, charitable, civic, past or present receivers of human services, and providers of human services. The commission shall include at least one (1) youth representative of high school age and one (1) councilmember representative. two "` FneFnbeFS E)F the ellg e .,,�., istialet sijeh as the Kent Area Aetivitles Gaunell, United Way, and the Seuth I(Ing 3. All members appointed shall serve three (3) year terms, with the following exceptions: a. The youth representative shall be appointed to a one year term: and b. The council representative shall be appointed to a one year term. 4. When a vacancy occurs during a commissioner's current term, the mayor shall appoint, subaect to council confirmation, a new commissioner who shall serve the remainder of the unexpired term. E. There shall also be twe (2) Renveting FnembeFS of the human seFY'ees the president e the city EetinErt The s_c^n., FneFnbeF �._ term by the maYE)F, Pfevided SHEh represeiItative of a M1"AaR serviee prevideT 3 Amend Ch. 2.53 KCC— Human Services Commission Sec. 2.53.050. Organization and meetings. The human services ' commission shall elect a chairperson and chair-electviee eha perse~ from among its voting members. At the end of the current chairperson's term, the chair-elect will become the chairperson, and the commission will then elect from its members a new chair-elect. At the end of each year, the then chair-elect will assume the chairperson role and a new chair-elect would be elected. SuehThese officers shall hold office for one (1) year. The mayor shall appoint appropriate staff to assist , the commission in the preparation of stw4those reports and records as are necessary for the proper operation of the commission. The commission shall meet upon call of the chairperson, as necessary. Sec. 2.53.060. Responsibilities. The human services commission shall , make reports and recommendations to the mayor and city council concerning human services issues including: , 1. Development and assessment of human service needs in the city. 2. Determination of priorities of human service needs within the city. , 3. Evaluation and recommendation on funding requests submitted to the city. 4. Evaluation and review of the performance of individual human service organizations and agencies. 5. Review of city actions which may affect the availability and quality of human service provision in the city. 6. Coordination with other groups and human services planning ' agencies and organizations_, sueh as the Kent AFea Aetivitiestea Way SECTION 2. - Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and , the same shall remain in full force and effect. 1 I 4 Amend Ch. 2.53 KCC— Human Services Commission SECTION 3. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. I SUZETTE COOKE, MAYOR iATTEST: i BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of October, 2007. ' APPROVED: day of October, 2007. PUBLISHED: day of October, 2007. I hereby certify that this is a true copy of Ordinance No. passed by the city council of the city of Kent, Washington, and approved by the mayor of the city of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P\CIWI\Ordinance\HumanServicesCommission-AmeMKCC2 53 doc 5 Amend Ch. 2.53 KCC- 1 Human Services Commission Kent City Council Meeting Date October 2, 2007 Category Consent Calendar 1. SUBJECT: 2008 WASHINGTON STATE ARTS COMMISSION GRANT— ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the Washington State Arts Commission grant in the amount of$6,750, authorize the Parks Director to sign the necessary grant documents, and approve the expenditure of funds in the Kent Arts Commission's budget. The Washington State Arts Commission (WSAC) has awarded the Kent Arts Commission a general operating support grant The Arts Commission will use the funding to support the presentation of arts and cultural activities at Kent's 2008 Cornucopia Days. 3. EXHIBITS: Washington State Contract #2008139 4. RECOMMENDED BY: Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund 10006221.64190.4320 Amount $6,750 00 Unbudgeted Revenue• Fund 10006221 53403 4320 Amount S6,750 00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds 1 DISCUSSION: ACTION: Council Agenda Item No. 6M WASHINGTON STATE ARTS COMMISSION Program: Organizational Support Program FY2008 Contract No.2008139 GRANT CONTRACT THIS CONTRACT is made and entered into by and between the WASHINGTON STATE ARTS COMMISSION,711 Capitol Way S,Suite 600,PO Box 42675,Olympia,WA 98504-2675 hereinafter referred to as the COMMISSION,and Name Kent Arts Commission Physical 220 At1t,Aye,Sonth Address, Kent WA 98032-5895 Mailing III 4th Ave South Address ..................... ...... Kent WVA 98032-583.8 Phone No (253)856-5050 Web Site www.kentarts.com Washington State UBI No 173 000 002 Federal Employee ld No 91-60012-5d Social Smunty Number NIA hereinafter referred to as the CONTRACTOR. THE PARTIES MUTUALLY UNDERSTAND AND AGREE AS FOLLOWS: A PURPOSE OF CONTRACT This Contract sets out the terms and conditions by which the COMMISSION awards a grant to the CONTRACTOR for the purpose of developing,sponsoring,promoting or administering an activity,project or program which is related to the growth and development of the arts and hmnamnes ni the State of Washington RCW 43 46 provides the statutory authorization for making the grant The funding is administered under WAC Title 30 3 B. DESCRIPTION OF THE ACTIVITY PROJECT OR PROGRAM CONTRACTOR shall use funds awarded under this Contract No.2008139 solely for the grant proposal funded through the Organizational Support Program for FY2008 as described in Attachment A: Scope of Work C AMOUNT OF GRANT 1 The Commission awards State Funds in the amount oFSIX THOUSAND SEVEN HUNDRED FIFTY AND 00/100 Dollars ($6,750.00)to the CONTRACTOR. 2. The Commission awards Federal Funds in the amount of ZERO AND 00/100 Dollars ($0.00)to the CONTRACTOR. 1 Applicable only if Contract includes Federal Funds: edeml Catalog or Domestic Assistance No 45.025 ,,Federal Grant No 05-6100-2012 r 3 The Commission awards private funds in the amount of ZERO AND 00/100 Dollars ($0.00)to the CONTRACTOR Grant Contract No 2008139 1 of 3 as 4. CONTRACTOR agrees to provide matching funds equal to or greater than the total funds provided by the ' COMMISSION. 5. Payments will be made in accordance with the payment schedule set forth in Attachment B. D CONTRACT PERIOD Funds are awarded for the period beginning July 1, 2007 to June 30, 2008. The CONTRACTOR must expend all funds by the ending date of this contract Funds not expended by the ending date of this contract shall lapse unless an extension is requested in writing by the CONTRACTOR and approved in writing by the COMMISSION The CONTRACTOR shall notify the COMMISSION immediately upon knowledge that any portion of the funds will not be expended by the end of the fiscal year. E. CONTRACT REPRESENTATIVES The following shall be the contact persons for all communications and billings regarding the performance of this Contract Either party shall provide written notification to the other of changes in contract representation. CONTRACTOR's Contract Representative: COMMISSION's Contract Representative Name Ronda Billerb_eek Name Christel Ratliff and Tide and Title Cultural Progr:YM Manager Administrative Assistant Org Cit of Kent Arts-Commission Otg' Washington State Arts Commission— "'--y-' Arts Name Name Grants to Organizations Address. 220 4th--Ave South, Address PO Sox 42675 Kent,KA,48032-5838 Olympia,WA 98504-2675 Phone- (253)856-5055 ext- Phone- (360) 753-3858 Fax (253)856-6050 Fax (360)586-5351 E-Mad rbillerbeck(rici.kent.wa.us E-Mail christelrParts.wa. ov F. LIMITATION OF AUTHORITY The COMMISSION's Agent shall be the Executive Director of the Washington State Arts Commission. Only the COMMISSION's Agent shall have the express,implied,or apparent authority to alter,amend,modify,or waive any clause or condition of this contract The Agent may delegate this authority, but such delegation is effective only if in writing. See General Terms and Conditions for Contract Amendinent or Modification procedures G RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Contract shall be subject to this Contract and its attachments including the following, which by this reference,are made a part of this Contract: Attachment A: Scope of Work Attachment B: Payment Schedule Attachment C: General Terms and Conditions Attachment D: Voucher Attaclunent E: Flnal_Report Requirements_(tinal report materials_available at_www arts wa gov) Attachment F- National Endowinent for the Arts General Terms and Conditions (deleted if Contract does not include federal funds) Grant Contract No 2008139 2 of 3 H_ INSURANCE Automobile Liability: In the event that services delivered pursuant to this contract involve the use of vehicles, either owned or unowned by the CONTRACTOR,the CONTRACTOR shall require the owner or driver of the automobile to provide automobile liability insurance The minimum limit for automobile liability is: $100,0001300,000 bodily injury and$100,000 property damage I. ENTIRE CONTRACT This Contract including all attachments contains all the terns and conditions agreed upon by the parties. No other understandings,oral or otherwise,regarding the subject matter of this contract and attachments shall be deemed to exist or to bind any of the parties. J FINAL REPORT The CONTRACTOR shall provide a final report to the COMMISSION within 30 days following the Contract Period ending date,submitted according to the forms and format identified in ATTACHMENT E. K. MODIFICATIONS TO GENERAL TERMS AND CONDITIONS NA THIS CONTRACT is executed by the persons signing below who warrant that they have authority to execute this contract Kent Arts Commission WASHINGTON STATE ARTS COMMISSION (signature of party authorized to sign for CONTRACTOR) Kris Tucker,Executive Director Date: (printed name of stgnatoiy) (printed titleofsignatory) Date. APPROVED AS TO FORM (Signature of Susan Thomsen,Assistant Attorney General, State of Washington,March,2003 on file in fiscal office) I I 1 1 Grant Contract No 2008139 3 of 3 /ANT CONTRACT-ATTACHMENT"A" Scope of Work Program: Organizational Support Contract No.2008139 CONTRACTOR: Kent Arts Commission I. The CONTRACTOR agrees that funds shall be received solely for the services and/or reimbursements described here below, Organizational Support Program assistance with: General Operating Support Event Announcement and Documentation: ' The CONTRACTOR must provide to Grants to Organizations of the COMMISSION, any public announcement, press release,or other direct mail announcement of the event(s) funded under this contract. The CONTRACTOR will mail such public announcements to Grants to Organizations Washington State Arts Commission , PO Box 42675 Olympia,WA 98504-2675. Final Reports are due: Every grant recipient must submit a Final Report to the Washington State Arts Commission's Grants to Organizations,30 days following the contract ending date;this is a contractual obligation for the grant. The completed form must be received by the Washington State Arts Connnission(WSAC), Grants to Organizations, by 5:00 P. N1., August 1, 2008 The Final Report Form should be downloaded from the COMMISSION website at www.arts.wa.2ov,under Grants to Organizations. Final Report Penalty: Grant recipients that do not submit Final Reports by the August 1,2008 deadline will have a 10% penalty deducted from any future grant from Grants to Organizations. Logo Credit: VIASHINCTON SLATE I Recipients of grants and programs are asked to credit RT TT�N�1l ASCOMMISSION I WSAC in promotional communications about the grant. The WSAC logo may be downloaded from the website www arts.wa Qov If your grant includes federal funding(which would be stated on page 1 of your contract), you are also NATIONAL obligated to credit the National Endowment for the Arts(NEA) in the same manner as ENDOWMENT FOR THE ARTS WSAC NEA logos are downloadable at www arts g_ov 1 i 1 GRANT CONTRACT-ATTACHMENT"B" Payment Schedule Program: Grants to Organizations Organizational Support Program Contract No.2008139 CONTRACTOR: Kent Arts COnlmission The CONTRACTOR agrees that funds as awarded in section(1) of the CONTRACT and in consideration of section (2)of the CONTRACT,kill be paid to the CONTRACTOR by the COMMISSION to consideration of the following terms and conditions: ' I. No funds will be paid to the CONTRACTOR in advance of the contract starting date stated in section(1) of the CONTRACT; 2. Payments will be made after the expenses for which COMMISSION funds were committed have been incurred; 3. The CONTRACTOR must return all invoice voucher(s)to the COMMISSION no later than the first working day of each designated payment date; 4. All requests for payment shall be on the form of voucher set forth in Attachment D. 5. You have the option of obtaining your grant payments via direct deposit through the Office of Financial Management(OFM) The necessary forms are down loadable from www arts.wa eov under the Iink Grant Payments 6. The COMMISSION will make payment to the CONTRACTOR by the 20th day of each designated payment date. 7. The schedule for payment is as follows: Month/Year Amount November 2007 %J50.00 TOTAL AWARD $6,750.00 I FRANT " ANTRACT-ATTACHMENT"D" Invoice Voucher FORM STATE OF WASHINGTON AGENCY USE ONLY AFRS AGENCY NO LOCATION CODE P R OR AUTH.NO ' (REV7196) INVOICE VOUCHER 387 001 AGENCY NAME AND LOCATION INSTRUCTION TO VENDOR OR CLAIMANT Submit this form to claim payment for materials, merchandise or services Show complete detail for each item WASHINGTON STATE ARTS COMMISSION Vendors Certificate I hereby certify under penalty of pegury that the Items and totals listed herein are proper charges for materials merchandise or services furnished to the State of PO BOX 42675 Washington and that all goods furnished andlor services rendered have been provided without OLYMPIA WA 98504-2675 discrimination because of age,sex,mental status,race,creed color,national Origin,handicap religion,or Vietnam era or disabled veterans status VENDOR OR CLAIMANT Warrant Is to be payable to Kent Arts Commission X BY: 220 4th Ave South (SIGN IN BLUE INK) Kent WA 98032-5838 (TITLE) (DATE) FEDERAL I D NO OR SOCIAL SECURITY NO IF.,Rsporting Personal Sarvlce Contract Payments to IRS) RECEIVED BY DATE RECEIVED 91-6001254 , DATE UNIT DESCRIPTION QUANTITY UNIT PRICE AMOUNT FOR AGENCY USE For Grants to Organizations -- FY2008 Organizational Support Program E Per Attachment"A" Scope of Work Contract# 2008139 101 State Funds $6,750.00 202 State Funds $0 00 102 Federal Funds $0.00 `. November 2007 Payment Total: $6,750.00 PREPARED BY TELEPHONENUMBER DATE AGENCY APPROVAL y - DATE DOC DATE PMT DUE CURRENT DOC NO REF DOC NO VENDOR NUMBER USE TAX VENDOR MESSAGE UM NUMBER DATE [REF M MASTER INDEX SUB wORN0.ASa ceuNry GIPnOWM TRANS O FUND APPR PROGRAM SUB SUB ORG Budget PROJECT SUB PROJ AMOUNT INVOICE NUMBER CODE D INDEX INDEX Ow OBJ INDEX ALLOC Unit Nos PROD PHAS 001 101 00101 NZ 50SP 00 00 $6,750.00 OSP2008139 001 202 00101 NZ 50SP 00 00 $0.00 OSP2008139 001 102 00101 NZ 2008 50SP 00 00 $0.00 OSP2008139 ACCOUNTING APPROVAL FOR PAYMENT DATE WARRANT TOTAL WARRANT NUMBER Kent City Council Meeting Date October 2, 2007 Category Consent Calendar 1. SUBJECT: 2007 SECOND QUARTER FEE-IN-LIEU FUNDS —ACCEPT AND AMEND BUDGET 1 2. SUMMARY STATEMENT: Accept $47,925 in fee-in-lieu funds for the second quarter of 2007, and authorize the expenditure of funds in the Clark Lake and Arbor Heights 360 budgets. Between April and June 2007, the City received a total of$47,925 from three developers who voluntarily paid fees in lieu of dedicating park land to mitigate the development of single family homes in seven subdivisions: • Clark Lake Park Budget: $24,975.00 for Hultquist development • Clark Lake Park Budget: $11,925 00 for Michael Sharp development • Arbor Heights 360 Budget- $11,025.00 for Nick's Place development Ordinance 2975 requires developers to dedicate park and open space land in proximity to new construction sites or to pay "fee-m-lieu" funds. The fee is based on assessed land values. 3. EXHIBITS: copy of Finance Revenue Report 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No-X If no. Unbudgeted Expense: Fund P20027 Amount $36,900 00 Unbudgeted Expense: Fund P20045 Amount $11,025.00 Unbudgeted Revenue: Fund P20013 Amount $47,925.00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6N ! � 0 0 N QQ QQ � JIQ Q Q n a;aaa o o N V O N @ r� n. d E of NI U� of o' v I c, IE a O _ _U N J O Q RCL U @ a' L m 6 N Y U a �1= U z Z C U N SUM U w > a ro m W T J C U aI d y O O O i O O r l(] 47 W YJ lPl C r N N N P ae rn 0 rn I u o N n n n o A l o rn o a0 m m rn I O n m rn O v a a iY Y Y r MP- O d N N Q U O. J N O U w Q a O M 9i o a Vl r 0 N � o,Na a a Kent City Council Meeting Date October 2, 2007 Category Consent Calendar 1. SUBJECT: KING CONSERVATION DISTRICT REIMBURSABLE GRANT FOR GREEN RIVER TRAIL IMPROVEMENTS — ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the $697.29 grant from King Conservation District for Green River Trail Improvements, authorize the Parks Director to sign all necessary grant documents, and authorize the expenditure of funds in the Adopt-a-Park budget Boeing Rock is a picnic area along the Green River Trail south of Three Friends Fishing Hole The area leading to the picnic area was overgrown with weeds. To enhance this area and give it more visibility, staff created a planting and trail plan. On April 21, 2007, thirty-one Boeing volunteers planted and mulched 113 native plants and laid a 60-foot gravel path from the Green River Trail to Boeing Rock. They contributed 55 25 hours of volunteer time to the City. Staff received a reimbursable grant from King Conservation District (KCD) to reimburse the City of Kent for the cost of the native plants and gravel used to complete this project. 3. EXHIBITS: Agreement with King Conservation District 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 1 5. FISCAL IMPACT ' Expenditure? X Revenue? X Currently in the Budget? Yes No_X If no: Unbudgeted Expense: Fund P20022 Amount $697.29 Unbudgeted Revenue: Fund P20022.53806.530 Amount $697 29 ' 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 60 King Conservation District 935 Powell Avenue SW,Ste D•Penton,WA 98057•Phone(425)277-3581•Fa\(425)2:ii-55SR•E-mad d»tna&'ingid oig July 30, 2007 Victoria Andrews City of Kent, Parks Department 220 4th Ave S Kent, WA 98032-5895 Dear Victoria, Enclosed are two copies of an Agreement for award of a King Conservation District Member jurisdiction & WRIA Forum Grant for the Greed River Trnill1twd ftripioz,enteut Piolect nt Boeing Rock This grant is funded with King Conservation District Special Assessment funds allocated to the City of Kent After obtaining signatures from City of Kent, Parks Department representatives, return both copies of the Agreement tome. I will obtain the recluued signatures from King Conservation District 1epresentatives and forward a signed original I for your records At that time, I will also forward a check for the amount of 90% of the grant awai d gi ant I am available to answer any questions you may have. Please do not hesitate to contact me Sincerely, v Jessica Saavedra Member jurisdiction &WRIA Forum Grant Program Lead Cc. Enclosures (2) KCD Ref 07-155 Andrews,Larson grant agmt ltrs AGREEMENT FOR AWARD OF KINC CONSERVATION DISTRICT MEMBER JURISDICTION GRANT City of Kent Parks Department This Agreement is made between the King Conservation District Number 9, a municipal corporation in King County, Washington, located at 935 Powell Ave SW, Renton, WA 98055 (referred to herem as "District"), and the City of Kent Parks Department, a municipal corporation in King County, Washington, located at 220 4"' Ave. South, Kent, WA 98032 (referred to herein as "Recipient"), for the purposes set forth herein. SECTION 1. RECITALS 1.1 Whereas, the District is a special purpose district organized and existing under authority of Chapter 89.08 RCW which engages in certain activities and programs to conserve natural resources, including soil and water, which activities are declared to be of special benefit to lands, and 1.2 Whereas, pursuant to RCW 89.08.400, King County has authorized and imposed a system of assessments to finance the activities and programs of the District, and 1.3 Whereas, pursuant to RCW 89 08220, RCW 89 08 341 and/or Chapter 39.34 RCW, the District is authorized to enter into agreements with municipal entities and agencies (governmental or otherwise), or their designees, in order to carry out and facilitate the activities and programs of the District to conserve natural resources; and 1.4 Whereas, the District has reviewed the grant application submitted by Recipient and has determined that the application meets the requirements of Chapter 89.08 RCW and the District's policies and procedures for awarding grants; and 1.5 Whereas, the District and Recipient desire to enter into this Agreement for the Purpose of establishing the terms and conditions relating to the District's award of a grant to Recipient. SECTION 2. AGREEMENT 2.1 The District agrees to award Recipient a grant in the total amount of six hundred ninety-seven Dollars and twenty-nme Cents ($697.29) from 2004 assessment collections. Grant funds shall be used by Recipient solely for the performance of the work described un Exhibit A which is attached hereto and incorporated herein by this reference. The District shall pay the grant funds to Recipient in accordance with the District's standard procedures, provided that such funds have been collected and received by the District. 2.2 Recipient represents and warrants that It will only use the grant funds for the work described in Exhibit A, which may be amended by the parties pursuant to Paragraph 3.3 of the Agreement. Recipient shall be requited to refund to the District that portion of any grant finds - I - l 1 which are used for unauthorized work Further. Recipient agrees to return to the District any grant funds that are not expended or remain aftet completion of the work covered by this Agreement. 2.3 Recipient acknowledges and agrees that the grant funds may only be expended on work which shall be entirely within the District's jurisdictional boundaries The following municipal entities are not within the District's jurisdictional boundaries: Enumclaw, Federal Way, Milton, Pacific, and Skykonnsh Recipient shall be requited to refund to the District that portion of any grant funds which are used for work performed outside the District's jurisdictional boundaries. 2.4 In the event the scope of work authorized by this Agreement includes the use of grant funds to purchase houses located on real property within a flood hazard area, Recipient acknowledges and agrees that grant funds may only be used for such purposes if the houses to be purchased were constructed before floodplain mapping or sensitive areas regulations were in place for that area. Recipient shall be required to refund to the Dish tct that portion of any grant funds which are used for unauthorized purposes 2.5 Recipient shall be required to provide the District with biannual financial and project progress reports, along with all annual summary iepoit. Financial and project reports shall be due June 30 and November 30 each year The Recipient shall also be required to submit to the District a final report which documents the Recipient's completion of the work in conformance with this Agreement within thirty (30) days after the completion of the work. The final report shall, among other things, summarize the project's successes and shall address the regional benefits accomplished by the work The final report shall also identify any obstacles or challenges which were encountered during the work, along with general recommendations regarding ways to avoid such obstacles or challenges in the future. If requested, Recipient agrees to provide the District with additional financial or progress reports from time to time, at reasonable intervals. 2.6 Recipient's expenditures of grant funds shall be separately identified in the Recipient's accounting records. If requested, Recipient shall comply with other reasonable requests made by the District with respect to the manner in which project expenditures are tracked and accounted for in Recipient's accounting books and records. Recipient shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principals and to meet the requirements of all applicable state and federal laws. 2.7 Recipient shall be required to track project expenses using the Budget Accounting and Reporting System for the State of Washington ("BARS"). 2.8 The District or its representative shall have the right from time to time, at reasonable intervals, to audit the Recipient's books and records in order to verify compliance with the terms of this Agieement. Recipient shall cooperate with the District in any such audit. 2.9 Recipient shall retain all accounting records and project files relating to this Agreement in accordance with criteria established in the Revised Code of Washington and the Washington State Archivist - 2 - i 210 Recipient shall ensure that all work perfo►nied by Recipient or its employees, agents, contractors or subcontractors is performed in a manner which protects and safeguards the environment and natural resources and which is in compliance with local, state and federal laws and regulations. Recipient shall implement an appropriate monitoring system or program to ensure compliance with this provision. 2.11 Recipient agrees to indemnify, defend and hold harmless the District, its elected or appointed officials, employees and agents, from all claims, alleged liability, damages, losses to or death of person or damage to property allegedly resulting from the negligent or intentional acts of the Recipient or any of its employees, agents, contractors or subcontractors in eounrection with this Agreement. 2.12 Recipient agrees to acknowledge the District as a source of funding for this project on all literature, signage or press releases related to said project. SECTION 3. GENERAL PROVISIONS 3.1 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 3.2 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. No prior or contemporaneous representation, inducement, promise or agreement between or among the parties which relate to the subject matter hereof which are not embodied in this Agreement shall be of any force or effect. 3.3 No amendment to this Agreement shall be binding on any of the parties to this i Agreement unless such amendment is in writing and is executed by the parties. The parties contemplate that this Agreement may from time to time be modified by written amendment which shall be executed by duly authorized representatives of the parties and attached to this Agreement. 3.4 Each party warrants and represents that such party has full and complete authority to enter into this Agreement and each person executing this Agreement on behalf of a party warrants and represents that he/she has been fully authorized to execute this Agreement on behalf of such party and that such party is bound by the signature of such representative. DISTRICT: RECIPIENT: By By Name Name Title Title Date Date r - 3 - Approved as to Form: Approved as to Form: DISTRICT LEGAL COUNSEL: RECIPIENT'S ATTORNEY: By DY Name&� L l T f ,iVyw h Name Date Date -4 - 1 Exhibit A 1 1 1 1 1 i 1 I 1 Project Title: Green River Trail Improvement Project at Boeing Rock Applicant; City of Kent Parks Contact: Victoria L. Andrews _ Principal Partners(if any): Title: Special Programs Manager Total Project Cost: $2,440.29 Address: 220 4t Ave.S. Kent, WA 98032-5895 KCD Funding Requested: $697.29 Phone: 253-856-5113 I Project Start Date: February 2, 2007 Fax: 253-856-6050 Project End Date: Aril 21,2007 E-mail: vandrews@ci.kent.wa.us 1. Project Description-provide a brief description of the project that summarizes what you will do,how you will do it, and why you will do it. Consider the following in the answer to this question.u)hat pressing need will be addressed by the project or what promising opportunity will be capitalized on? Who or zohat will benefit or be positively and negatively affected? Boeing Rock is a picnic area along the Green River Trail south of 5. 196th St. on land donated by The Boeing Company. There was only an informal trail through weeds leading to the picnic area, which is situated on the levy. Objectives of this project included enhancing this urban I open space and making it more easily accessible for trail users. Our approach was both cost- effective and efficient City resources-design and supervision-were minimal,as 31 Boeing volunteers contributed the labor as their community service project. Many commented that ' they had never noticed it before but now planned to make use of it while biking or hiking with their children. 2. Natural Resource Improvement Actions -describe how the project will address a minimum of one of the natural resource improvement actions described on page 1 of the application instructions. Consider the following in your answer to this question.VOW natural resources will be improved?What are the known needs,gaps or deficits that Will be addressed? What are the known benefits to soil, water, air,plants,fish and wildlife, landowners? With a graded,defined gravel trail and native,draught-resistant plants drawing attention to the natural resource, Boeing Rock is now welcoming and a source of pride for The Boeing Company,which donated the land,City residents and other users The gravel trail is a more environmentally friendly solution than a paved trail. The soil was improved by the addition of plants, recycled newspapers as a weed barrier,and recycled Christmas tree brush chippings as mulch One group of volunteers also removed invasive scotch broom along the Green River Trail leading to the picnic area. As a pilot demonstration,a low-cost drip irrigation system was installed:recycled milk jugs contributed by the volunteers and City staff,filled with water,and hung from rebar stakes with tiny drainage holes to allow for slow dripping over the course of a month. Member Jurisdiction&WRIA Forum Grant Application Packet * February 12,2007 . Page 1 of 4 King Conservation Dish._ 2 Municipality Noncompetitive Grant Application 3. Project Activities and Measurable Results-using the table below,list specific project activities to be completed, the timetable for the activities, and the deliverables associated with those activities. Consider the following in your answer to this question: What actions, interventions,programs, services will be deployed? Activity Description Deliverables Timeline 1. Research&design Planting Ian February 2007 2 Recruit volunteers Project details circulated to February 16- Boeing volunteer leads March 23, 2007 3 Order materials Gravel,plants,chips, March-April, newspapers,milk jugs,rebar 2007 4. Installation,removal of invasive Trail and planting plan April 21,2007 weeds completed,plants watered in well,scotch broom removed 5. Pilot irrigation system installed Water-filled milk lugs hung May 9,2007 from rebar stakes. 6. Mamtenance Maintenance workers are Ongoing checking the area weekly, through 2010. weeding and watering as necessary. Required biannual and final maintenance reports will be submitted as required. Replacement plants will be added as necessary to achieve a 90% survivaI. i 4. Effectiveness(see page 2 of application instructions for definition) -describe how the project will effectively implement the natural resource improvement measures identified in question No. 2 above. Consider the following in your answer to this question: VVhy is the primary applicant the best entity to deliver the proposed program/service/intervention? Wlzat is the capacity of the primary applicant to deliver the proposed program/service/tnterventtolz? What tools, services and partners will be brought to bear? The area,along the Green River Trail,is maintained by the City of Kent. Kent Parks Department staff includes project managers experienced in designing low maintenance, balanced,attractive plans utilizing native plants. After the plants were installed using volunteer labor, they were watered in.The project area was too remote to install conventional irrigation,so to sustain the new plants until they are established,the milk jug drip irrigation intervention was devised. Maintenance indicates that some of the water jugs are performing as hoped,but the holes poked in others may have been too big. S. Efficiency (see page 2 of application instructions for definition)-describe how the project will efficiently implement the natural resource improvement measures identified in question No. 2 above. Consider the following in your answer to this question- How will the proposed program/service/intervention engage in conjunetton with related efforts?How does your strategy best leverage resources? Member Jurisdiction& W RIA Forum Grant Application Packet • February 12,2007 • Page 1 of 4 King Conservation Disi�,ct 3 Municipality Noncompetitive Grant Application For value-added park and open space projects that can be managed safely and successfully, the City relies on volunteer labor. Boeing volunteer leads selected this project from among many community service proposals because of their ties to the donated land. Thirty-one_volunteers contributed 55.25 hours, with a value to the City of$663. City maintenance workers attached to the downtown crew maintain the Three Friends Fishing Hole Park and Green River Trail. Workers are supplementing the milk jug irrigation pilot with weekly waterings as necessary. The plant species for this project were selected for their ability to resist draught, attract birds and add color and texture.They should be established and self-sustaining by spring 2008. 6. Equity (see page 2 of application instructions for definition) -describe how the project will equitably implement the natural resource improvement measures identified in question No. 2 above. Consider the following in your answer to this question: In What part of the Dtstnct will the proposed progranVservicejintervention occur?1Mio is the target audience and what demographic section of the conrrnuuuty will be affected? The program was implemented in Kent,King County. Target audiences are Green River Trail users,who cross all ages and demographics,and Boeing employees, who brought fairuly members to work on the volunteer project and now include it as a recreation destination. 7. Evaluation of Intended Results-describe the evaluation mechanisms you will use to track, document,and report that the project has achieved the intended results described in questions 1-3. Three City staff supervised the 31 volunteers on the day of the installation.Maintenance staff are monitoring the plants and watering weekly if necessary to ensure that they survive during periods of dry,hot weather. The picruc area and trail maintained by maintenance workers,and by next spring, the carefully selected plants should be self-sufficient without additional watering. Boeing Rock is included in Kent Park's Life Cycle program,so gravel and plants will be replenished by volunteers as necessary. 8. Project Budget&Expenses Budget Item KCD Funds Other Funds Other Funds Total City of Kent (Donated or recycled) Salaries and Benefits $830.00 $830.00 Travel/Meals/Mileage Office/ Supplies: $697 29 $250.00 $947.29 plants, brush chippings, weed barrier,gravel Contracted/Professional Services Land Acquisition Permits Other : Volunteer labor $663.00 $663.00 (31 volunteers, 55.25 hrs. valued Q$12/hr. Other: Other (specify) Member Jurisdiction&WRIA Forum Grant Application Packet • February 12,2007 ► Pape I of 4 i King Conservation D,.,rict 4 Municipality Noncompetitive Grant Application TOTAL $697.29 $930.00 $913.00 $2,440.29 9. KCD Acknowledgement-describe how the KCD will be acknowledged as a source of funding for the proposed program/service/intervention(see page 3 of application instructions for requirements). King Conservation District will be acknowledged on the City's website and in the appropriate quarterly Program Guide, which is distributed to 50,000 residents. Because of the unique"milk jug irrigation" pilot, an article with photos will also be submitted to the Kent Reporter. y 7 Authorized Signature Date i i 1 1 Member Jurisdiction&WRIA Foruin Grant Application Packet • February 12,2007 • Page 1 of 4 , REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. MAYOR C. OPERATIONS COMMITTEE D. PARKS AND HUMAN SERVICES COMMITTEE E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE F. PUBLIC SAFETY COMMITTEE G. PUBLIC WORKS IH. ADMINISTRATION 1 REPORTS FROM SPECIAL COMMITTEES ' 1 ' 14404�KENT W A S H I N O T O N OPERATIONS COMMITTEE MINUTES SEPTEMBER 4, 2007 Committee Members Present: Debbie Raplee and Ron Harmon The meeting was called to order by Raplee at 4:10 p.m. 1. APPROVAL OF MINUTES DATED AUGUST 21, 2007 Harmon moved to approve the minutes of the August 21, 2007, Operation Committee meeting. Raplee seconded the motion, and noted that Clark and Ranniger had concurred. The motion carried 3-0. 1 2. GEOGRAPHIC INFORMATION SYSTEM (GIS) POSITION GIS Supervisor Kurt Palowez gave a presentation on the Geographic Information System and it's 1 uses, including planning Local Improvement Districts, engineering design, computer aided drafting, annexation studies, transportation modeling, environmental planning, property management, urban planning and zoning, growth analysis, emergency service planning, ' preparation of voting precinct maps, calculating surface drainage utility charges, and preparing crime scene analysis maps. 1 City Engineer Tim LaPorte requested recommending approval of a budget adjustment to allow the hiring of an additional person which was anticipated but not filled a year ago. He explained that the revenue would come from the Utility Fund. LaPorte noted for Harmon that the last flight to update the GIS map was in 2006 and that another flight is budgeted for 2008. Harmon moved to recommend authorizing amendment of the 2007 budget in order to create a new Engineering Technician position in the Geographic Information System (GIS) group of the Public Works Engineering Design Section to be funded through the Utility Fund. Raplee seconded and the motion passed with concurrence 3-0. 3. Arbor Heights 360 Park Construction Easements — AUTHORIZE Perry Brooks of Parks Planning and Development presented the Arbor Heights 360 Park Construction Easements for authorization. He advised that the owner of the Arbor Village Assisted Living Community property, Olympus Management, located directly west of Arbor Heights 360 (the new East Hill Skate Park) at SE 240`h Street and 1161h Avenue SE, intends to construct a new building. The budding plans require that a I rock retaining wall be constructed on their site. Construction of the new rock wall will require a 10-foot temporary easement as well as a one (1) foot permanent easement on the west edge of the park property to allow enough room for the retaining wall to be constructed. The temporary construction easement or rockery easement will not impact the existing park retention ponds or trail system, as none are located in the construction area. Harmon moved to recommend Council authorize the Mayor to sign the documents necessary to grant and record the temporary construction easement and the rockery easement for the property at Arbor Heights 360, upon approval of the City Attorney. Raplee seconded the motion, which passed with concurrence 3-0. z , Operations Committee Minutes September 4, 2007 Page. 2 4. ADDED ITEM — Kent Pool Funding. , Parks Director Watling explained that in 2003 the City accepted ownership of the Kent Meridian Pool and entered into a five year agreement with Aquatic Management Group to operate it. He noted that within the agreement, the City agreed to provide funding to them in the amount of $20,000 every year, and that each fall the Aquatic Management Group has come to the City requesting an additional $20,000 to $25,000 to assist them with the operational costs of the ' facility Watling requested Council recommend spending up to $25,000 on an as-needed basis to address the need to assist in paying utility bills and other operational expenses for the remainder of this year. He pointed out that the agreement is up next March and that the Aquatic Management Group has been told that during renegotiations they will be required to provide a better picture of the true operational costs of the facility in order to avoid requesting additional funds each fall. , Upon Harmon's question, Watling explained the condition of the pool and efforts made to acquire better utility rates. Harmon moved to recommend approving allocating funds up to $25,000 for operation of the Kent Pool, including utility payments, following financial concurrence from the Finance Director and Parks Director. Raplee seconded and the motion carried with concurrence. Harmon and Raplee agreed that this item could be brought to tonight's Council meeting, since it is time sensitive. The meeting was adjourned at 4:28 p.m. Brenda Jacober, CMC, City Clerk ' Acting Operations Committee Secretary Page 1 1 KENT Parks and Human Services Committee Meeting Minutes July 19, 2007 1 Call to order: Debbie Ranniger called the meeting to order at 5:03 p.m. Changes to the Agenda: Ron Harmon replaced Debbie Raplee for the meeting. Item No. 1: Approval of Minutes Parks and Human Services Committee Meeting Minutes of June 21, 2007 Motion: Ron Harmon moved to approve the minutes of January 2007. Bob O'Brien seconded and the motion carried 3-0. Item 2: Item # Riverbend Surplus Equipment - Authorize The equipment listed complies with current replacement policy guidelines. A(( of the equipment listed is non-operational. The life expectancy is exhausted and would cost more to repair than to replace. Some of the older equipment parts are no longer available, thus making them non-repairable. The following list details the proposed equipment to surplus: ' 1.) 1997 Lastec Articulatorp pull behind mower: Model X, SN3830596; 2.) 1998 Befco pull behind mower w/3 decks: Model 17212-706D, SN196 (Frame) Nos. 197533, 197504, 197777; 3.) 1998 Befco pull behind mower w/2 decks (disassembled): Model 17212-706D, SN1923271 192204; 4.) 2000 Toro Grounds Master 328, 4 wheel drive mower: Model GM 328, SN30627-210000223; 5.) 2000 Toro Grounds Master 328, 4 wheel drive mower: Model GM 328, SN30627-2100000224. Motion: Bob O'Brien moved to recommend Council authorize staff to dispose of surplus equipment at Riverbend Golf Complex. Ron Harmon second and the ' motion passed 3-0 Item #3 King Conservation District Reimbursable Grant for Green River Trail Eagle Scout Project - Accept Staff works with Scouts throughout the area to develop projects of value to the City and to the Scout for attainment of the Eagle Scout honor. Joey Witmer, Troop #361, chose to 1 landscape a trail head on the Green River Trail near the Bridgewater 4 housing area in the Lakes Development as his Eagle Scout project. Joey led other Scouts and completed his project in February 2007, generating 230.03 volunteer hours at a value of $2,760.36 to the city. The scouts provided the volunteer labor and the city provided the materials. Staff submitted a grant request to the King Conservation District for Reimbursable Grant ' funds on February 12, 2007, which was approved by the King Conservation District Board on April 16, 2007. The grant funds reimbursed the city $1,993.94, the cost for renting the sod cutter, and purchasing landscape fabric, grass seed, native plants and compost. Page 2 Motion: Ron Harmon moved to recommend accepting a $1,993.94 grant from King Conservation District and authorizing the expenditure of funds in the Eagle Scout Projects budget. Bob O'Brien seconded and the motion passed 3-0. Item 4: 132"d Street Neighborhood Park Master Plan - Approve Three public meetings have been held to get input from citizens for the master plan on September 30, 1998, April 19, 2006, and November 5, 2006. The 5.5 acre property was purchased in 1996, with the goal to build a park to serve the , neighborhood. The site is located on the west side of 132"d Ave, north of Kent Kangley Road at approximately 266" St. Park amenities proposed for the park include two tennis courts, half basketball court, parking (12 stalls), restroom, picnic shelter, play equipment, art studio, playfield, and loop trail. The trail will connect to the subdivisions on the northern and southern edges of the park property, as well as connecting to the existing , trail to the west that traverses the perimeter of the regional retention pond. Motion: Bob O'Brien moved to recommend approving the 132nd St. Neighborhood Park Master Plan. Ron Harmon seconded and the motion passed 3-0. Item #5: East Hill Maintenance Shoo/Clark Lake Park - Informational ' The site is located adjacent to the southern edge of Clark Lake Park. Design work has begun on the proposed East Hill Maintenance Shop. Part of the project goal is to decide , how to handle the storm water detention facility. One design consideration is to treat the storm water on the park site in a more natural and environmentally friendly manner, rather than locate it within an expensive vault or in a traditional hardscaped facility. Parks and Public Works staff held discussions to outline what the solution would look like and how it might be a benefit to the short and long term goals of Clark Lake Park and the Maintenance Shop. Parks staff met with members of the Clark Lake Park Steering Committee on July 17, to update them on this proposal. Based on discussion feedback and final design, future Council action may need to be taken. , Item #6: Phoenix Academy Update— Informational Jeff Watling, Director of Parks, Recreation and Community Services, shared highlights of the most recent discussions with the Kent School District regarding the potential partnership at the Phoenix Academy. The campus is located at 11000 SE 264th - previously the site of Sequoia Junior High School. A draft amendment to the original ' Interlocal Agreement between the city and Kent School District is being designed that accommodates the new programs and subsequent impacts to the facility. Item #7: Housing and Human Services Presentation —Informational Housing and Human Services Manager Katherin Johnson and Human Services Coordinator Menna Hanson explained that this presentation will focus on the other services Kent , provides - county, state and nation-wide, as outlined in the Human Services Master Plan - "Building a Better Community." Parks and Human Services Committee Page 2 ' Meeting Minutes of July 19, 2007 Page 3 Meeting Communes Basics: Ensuring that people facing hardship have access to resources to help meet immediate or basic needs, by working with the following programs/agencies: Crisis Clinic - telephone services, HOME - Homeless Men's Shelter, Hospitality House - Women's Shelter, Kent Food Bank - emergency services/food and clothes, Kent Youth and Family Services - teen/parent housing, and the Multi Service Center - emergency services, housing and housing stability. Increasing Self-Reliance: Helping individuals break out of the cycle of poverty by improving access to services and removing barriers to employment, by working with the following programs/agencies: Child Care Resources - child care subsidies, Jewish Family Service - immigrant/refugee employment, Multi Service Center - education, Ukrainian Community Center of WA - refugee assistance project, Washington Women's Employment and Education - self sufficiency, and Micro Enterprise Development programs at Green River Community College and WA-CASH. ' Strengthening Children and Families: Providing children, youth and families with community resources needed to support their positive development, including early intervention and prevention services, by working with the following programs/agencies: Communities in Schools - mentoring, Children's Home Society - strengthening families, Public Health - best beginnings, Children's Therapy Center - early intervention, Kent Youth and Family Services - family counseling/teen substance abuse treatment. Building Safer Communities Providing resources and services that reduce violence, crime and neglect in our community, by working with the following programs/agencies: Safe Havens Supervised visitation and exchange center, Consejo - Latina domestic violence advocacy, DAWN - domestic violence shelter and Crisis Line, King County Sexual Assault Resource Center, and YWCA - Children's domestic violence program and domestic violence transitional housing. Improving Health and Well-Being_ Providing access to services that allow individuals to improve their mental and physical health, overall well-being, and ability to live independently, by working with the following programs/agencies: Community Health Centers - health care for the homeless/primary dental/primary medical, Valley Cities Counseling - homeless outreach, survivor support, and the City of Kent - fall prevention program/home repair program. Staff participates in numerous boards, committees and commissions throughout the county and state. ' Debbie Ranniger asked for contact information - call (253) 856-5070 for assistance, or visit the Housing and Human Services office, located at City Hall at 220 4th Avenue South. Bob O'brien questioned the self reliance effort. Katherin agreed that the focus for human services has primarily focused on basic needs/emergencies, but Kent is adding prevention to the program - helping people help themselves. Councilmember O'Brien asked about the 1 application process for the Home Repair program. Katherin explained that clients must complete an application and follow the guidelines relating to income, handicap status, etc. Parks and Human Services Committee Page 3 ' Meeting Minutes of July 19, 2007 Page 4 Ron Harmon asked how staff handles multiple languages. Katherin responded that City of ' Kent staff assists and translators are used from the American Red Cross Language Bank. Councilmember Harmon inquired about funding for Safe Havens Center. Katherin shared that the federal grant term has run out, but the city is receiving funding from the state and staff applied for an additional federal grant. Councilmember Harmon suggested charging local cities a fee for using Safe Havens Visitation and Exchange Center. Item #8: Monthly What's Happening in Parks - Informational , • Very successful 4th of July Splash this year with approximately 18,000 participants. Many thanks to Lori Hogan, Lori Flemm and staff, as well as police and fire staff for their support. • Another successful year in partnership with the Kent Lions Club for Cornucopia Days. , • Two major baseball tournaments scheduled for this weekend: ASA Regional Fastpitch Tournament at Service Club Ballfields with 36 teams and the USSSA Men's Tournament at Russell Road with 16 teams. • Eagle Scout Alex Wright was introduced and recognized for completing a horseshoe pit for the Senior Center. Alex secured $770.37 in cash toward this project. No city funds were used. • Comcast Outdoor movie presenting Princess Bride is August 10, at Lake Meridian. • Summer Concert Series: ' o Tuesdays - noon at Kent Station o Wednesdays - noon at Earthworks Park and West Fenwick Park o Thursdays - 7:00 p.m. at Lake Meridian ' o Call 253 85605050 for more information The meeting adjourned at 6:08 p.m. ' Submitted by: Teri Petrole Council Committee Recorder Parks and Human Services Committee Page 4 Meeting Minutes of July 19, 2007 [ CONTINUED COMMUNICATIONS ' A. 1 1 1 1 1 [ 1 1 1 1 EXECUTIVE SESSION i i ACTION AFTER EXECUTIVE SESSION i I i 1 '�