HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 03/03/2009 f
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City of Kent
City Council Meeting
Agenda
March 3, 2009
Mayor Suzette Cooke
Debbie 'Raplee, Council President
Councilmembers
Elizabeth Albertson Ron Harmon
Tim Clark Deborah Ranniger
Jamie Danielson Les Thomas
WASH IN G T O N
City Clerk's Office
KENT CITY COUNCIL AGENDAS
KENT March 3, 2009
WASHINGTON Council Chambers
a MAYOR: Suzette Cooke COUNCILMEMBERS: Debbie ,
Ra lee President
Rap lee,
Elizabeth Albertson Tim Clark Jamie Danielson
Ron Harmon Deborah Ranniger Les Thomas
**********************************************************************
COUNCIL WORKSHOP AGENDA
5:30 p.m.
Item Description Sneaker Time
1. Executive Session (Labor Negotiations) 60 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. City Historian
D. 2009 Community Arts Support Funding Recipients Presentation
E. Introduction of Appointees
F. Employee of the Month
G. Legislative Report
5. PUBLIC HEARINGS
None
6. CONSENT CALENDAR
A. Minutes of Previous Meeting - Approve
B. Payment of Bills - Approve
C. Chamber of Commerce Agreement - Authorize
D. Green River Community College Small Business Assistance Center
Agreement - Authorize
(Continued)
COUNCIL MEET
ING NG AGENDA CONTINUED
E. King County Reciprocal Permit Agreements regar ing Parking - Authorize
F. City of Tukwila Homelessness Coordination Grant - Accept
G. 2008 Consolidated Annual Performance Evaluation Report (CAPER) -
Authorize
H. Federal Department of Justice Grant Application for Safe Havens
Program - Authorize
I. Consolidated Food Services Agreement for Senior Center - Authorize
J. Community Development Block Grant Five-Year Plan - Adopt
K. Washington State Department of Community, Trade and Economic
Development Reimbursable Grant Agreement for Clark Lake Park -
Accept
L. Barghausen Branch Office Remodel Bill of Sale - Accept
M. Lodging Tax Advisory Committee Appointment - Confirm
N. Drinking Driver Task Force Appointments - Confirm
O. Tc=ory Board Appointment - Confirm
7. OTHER BUSINESS
None
8. BIDS
A. Pedestrian Sidewalk Improvements: Schedule A: Military Rd/S. 268th St.
and Schedule B: SE 2481h St./1015t PI.
9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
10. CONTINUED COMMUNICATIONS
11. EXEC UTIV ESS ION AND AFTER EXECUTIVE SESSION
nding Litigation
B. Labor Negotiations
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. For TDD relay service call the Washington
Telecommunications Relay Service at 1-800-833-6388.
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COUNCIL WORKSHOP
1) EXECUTIVE SESSION (LABOR NEGOTIATIONS)
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CHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time, make known the
subject of interest, so all may be properly heard.
A) FROM COUNCIL, ADMINISTRATION, OR STAFF
all* P� PAZ
B) FROM THE PUBLIC
PUBLIC COMMUNICATIONS
A) PUBLIC RECOGNITION
B COMMUNITY EVENTS
C) CITY HISTORIAN
11 t(
D) 2009 COMMUNITY ARTS SUPPORT FUNDING RECIPIENTS
PRESENTATION
E) INTRODUCTION OF APPOINTEES- i ^�
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F) EMPLOYEE OF THE MONTH
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G) LEGISLATIVE REPOT RT
wb4 l l-L��.-t�
Kent City Council Meeting
Date March 3, 2009
Item No. 6A - 6B
CONSENT CALENDAR
6. City Council Action:
Councilmember N alA moves, Counalmember �
seconds to approve Consent Calendar Items A through �
Discussion
Action
6A. Auaroval of Minutes.
Approval of the minutes of the regular Council meeting of February 17, 2009.
6B. Approval of Bills.
Approval of payment of the bills received through January 15 and paid on January
15 after auditing by the Operations Committee on February 3, 2009.
Approval of checks issued for vouchers:
Date Check Numbers Amount
1/15/09 Wire Transfers 3563-3584 $5,166,950.42
1/15/09 Regular Checks 628414-628926 3,241,751.08
Use Tax Payable 5,747.43
$8,414,448.93
1 Approval of payment of the bills received through January 31 and paid on
January 31 after auditing by the Operations Committee on February 17, 2009.
Approval of checks issued for vouchers:
Date Check Numbers Amount
1/31/09 Wire Transfers 3585-3601 $ 5,456,299.05
1/31/09 Regular Checks 628927-629345 4,669,760.81
Void Checks -18,197.94
Use Tax Payable 9,867.17
$10,117,729.09
Approval of checks issued for payroll for January 16 through January 31 and paid
on February 5, 2009:
Date Check Numbers Amount
2/5/09 Checks 309877-310124 $ 190,209.46
2/5/09 Advices 243441-244213 1,575,423.88
$1,765,633.34
® Kent City Council Meeting
KEN T WASH I N G T O N February 17, 2009
The regular meeting of the Kent City Council was called to order at 7:00 p.m. by
Mayor Cooke. Councilmembers present: Albertson, Danielson, Harmon, Ranniger,
and Raplee. Clark and Thomas were excused from the meeting. (CFN-198)
CHANGES TO THE AGENDA
A. From Council, Administration, Staff. (CFN-198) Council President Raplee
added Consent Calendar Items J and K, excused absences for Councilmembers Clark
and Thomas. Labor negotiations and personnel was added to the Executive Session
at the request of CAO Hodgson.
B. From the Public. (CFN-198) Continued Communications Item A was added at
the request of Kirt Butler.
PUBLIC COMMUNICATIONS
A. Public Recocinition. (CFN-198) Mayor Cooke announced that Merrill Vesper of
the Public Works Department has been voted Employee of the Year by his peers.
- B. Community Events. (CFN-198) Ranniger announced Kent Kids Arts Day on
March 7t" and the Kent Student Arts Exhibit Art Walk from March 9 through 20.
C. Julia Patterson 2008 Recap. (CFN-198) King County Councilmember Julia
Patterson reported on the state of King County including topics such as animal
shelters, trail acquisitions, transit improvements, budget cuts, public health, jail
capacity, flooding and human services funding.
D. Introduction of Appointees. (CFN-198) Mayor Cooke introduced her
appointees to the Human Services Commission, Yadira Brito and Carla Loux.
E. Public Safety Report. (CFN-122) Police Chief Strachan introduced the Police
Explorers who were in the audience, and updated statistics for January-February. He
spoke about a False Alarm Reduction Strategy and announced that there are now four
bike teams in the city. Mayor Cooke then administered the Oath of Office to two new
officers.
PUBLIC HEARINGS
A. Surplus Utility Property on Frager Road, Resolution. (CFN-239) Staff
recommends the surplus of five buildings and 184 ecology blocks on surface water
utility property located at 24955 Frager Road South. Fair market value for the cost of
removal of the buildings will be determined by responses to a published Request for
Offers to Purchase. The Public Works Director has determined that the cost to
remove the ecology blocks is equal to or exceeds any residual value. Mike Mactutis,
Environmental Engineering Manager, explained the background of the buildings and
property, noting that it is part of the Lower Green River Property Acquisition project.
He displayed photos of the location and structures and outlined the goal and funding
for the project.
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Kent City Council Minutes February 17, 2009
Mayor Cooke opened the public hearing. There were no comments from the
audience. Ranniger moved to close the public hearing. Raplee seconded and the
motion carried. Ranniger moved to adopt Resolution No. 1800 surplusing five (5)
buildings and approximately one hundred and eighty-four (184) ecology blocks, and
authorizing the Public Works Director to dispose of them for fair market value, if any.
Raplee seconded and the motion carried.
CONSENT CALENDAR
Raplee moved to approve Consent Calendar Items A through K. Ranniger seconded
and the motion carried.
A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of
February 3, 2009, were approved.
B. Approval of Bills. (CFN-104) This information was not available.
C. Human Services Commission Appointments. (CFN-873) The Mayor's
appointment of Yadira Brito and Carla Loux to the Human Services Commission was
confirmed. Both terms will expire on January 1, 2012.
D. Countywide Planning Policies Amendment Resolution. (CFN-961) j
Resolution No. 1801, ratifying the proposed amendments to the Countywide Planning
Policies (CPP) approved under County Growth Management Planning Council Motions
Nos. 08-5, 08-6, and 08-7, as well as map amendment 29, amending the Interim
Potential Annexation Area Map, amending the Urban Growth Area in King County, and
designating a new Urban Separator was adopted.
E. Olympic Environmental Resources Consultant Contract. (CFN-904) The
Mayor was authorized to sign an agreement with Olympic Environmental Resources
for Waste Reduction and Recycling Activities and Programs for 2009 in the amount of
$66,760, subject to final agreement terms and conditions acceptable to the City l
Attorney and the Public Works Director.
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F. ShoWare Center — Add to Public Facility Ordinance. (CFN-122) Ordinance
No. 3910, which amends sections 9.02.210 and 9.02.230 of the Kent City Code to add
the ShoWare Center as a public facility for enforcement purposes of the City's criminal
code on the premises of the ShoWare Center was adopted.
G. Prohibition of Retail Sale of Novelty Lighters Ordinance. (CFN-122)
Ordinance No. 3911 which bans the retail sale of novelty lighters within the City of
Kent was adopted.
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Enforcement of this ordinance would be stayed for a period of ninety (90) days after
the ordinance effective date in order to allow local businesses to deplete their current
stock. j
H. Bulletproof Vest Program Award. (CFN-122) The Kent Police Department was
authorized to accept the Bureau of Justice Assistance Bulletproof Vest grant in an f
amount not to exceed $9,444.50.
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Kent City Council Minutes February 17, 2009
I. Hazardous Materials Response Plan. (CFN-122) The Mayor was authorized to
sign the Hazardous Materials Response Plan.
The City of Kent Hazardous Materials Response Plan has been developed to implement
hazardous material emergency preparedness responsibilities. The Plan details
primary agencies, purpose, policy, authority, limitations, direction/control, functions,
and responsibilities to ensure that a mutual understanding and a coordinated plan of
action is implemented with appropriate agencies within the City of Kent. Washington
State Emergency Management has reviewed and determined that this plan is within
state guidelines.
(ADDED ITEM)
J. Excused Absence. (CFN-198) An excused absence from tonight's meeting for
Councilmember Clark was approved.
(ADDED ITEM)
K. Excused Absence. (CFN-198) An excused absence from tonight's meeting for
Councilmember Thomas was approved.
OTHER BUSINESS
A. Federal Way School District Partnership. (CFN-118) Parks Director Jeff
-- Watling noted that the Federal Way School District has approached the City about
exploring the idea of building the new Sunnycrest Elementary school in conjunction
with the new neighborhood park on West Hill. He displayed a map of the area and
noted that although there are a number of opportunities, there are also significant
questions and challenges to look at. He said the School District is having an architect
and a landscape architect determine where a building could be sited in order to link
the school and the park. Watling said if the City is interested in exploring this
opportunity, a letter of interest should be sent to the school district by the middle of
March. He noted that there is a time issue due to the timing of the school district's
- bond issue, and said he will report back to Council after discussion at the Parks
Committee meeting this week.
REPORTS
A. Council President. (CFN-198) Raplee gave an update on the Council Retreat to
be held on March 6 and 7, 2009.
B. Mayor. (CFN-198) Mayor Cooke announced that the Sister Cities relationship
with Castlereagh, Ireland, has been dissolved; that the roads in the Clark Lake
Estates will be finished; and that she has been in Olympia testifying about levees and
the street utility.
C. Operations Committee. (CFN-198) No report was given.
D. Parks and Human Services Committee. (CFN-198) Ranniger noted that the
next meeting will be at 5:00 p.m. on Thursday, February 19, and that Councilmember
Danielson will attend in Clark's absence.
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Kent CityCouncil Minutes February 17 2009
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E. Planning and Economic Development Committee. (CFN-198) Albertson
noted that the first draft of the Shoreline Master Plan has been sent to the
Department of Ecology, and that she will be attending the Weed and Seed meeting as
Council liaison next week.
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F. Public Safety Committee. (CFN-198) No report was given.
G. Public Works Committee. (CFN-198) Ranniger noted that the second meeting
of February has been cancelled and that the time of the two March meetings has been
changed from 5:00 p.m. to 4:30 p.m.
H. Administration. (CFN-198) Hodgson reminded Councilmembers of an Executive I
Session to discuss labor negotiations and one item of pending litigation. He said no
action is needed when the meeting reconvenes, and estimated the length of the
Executive Session at 45 minutes.
CONTINUED COMMUNICATIONS
(ADDED ITEM)
A. Intersection Safety and Red Light Cameras. (CFN-198) Kirt Butler noted that
at a recent Council meeting he had requested that the City put cameras up at various
intersections to stop the running of red lights. He said he has been further educated
on the subject and now wishes to retract that request, noting that having officers at
the intersection is a better alternative.
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EXECUTIVE SESSION
The meeting recessed to Executive Session at 8:15 p.m. and reconvened at 9:20 p.m.
(CFN-198) I
ADJOURNMENT
The meeting adjourned at 9:20 p.m. (CFN-198)
Brenda Jacober, CMC
City Clerk
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Kent City Council Meeting
Date March 3, 2009
Category Consent Calendar - 6C
1. SUBJECT: CHAMBER OF COMMERCE AGREEMENT - AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the 2009 agreement
with Kent Chamber of Commerce to highlight tourism opportunities at Kent lodging
facilities and to promote Kent as a site for corporate meetings and events in the
amount of $18,500, subject to final agreement terms and conditions acceptable to
the City Attorney.
Kent Chamber of Commerce has worked in partnership with the City since 2000 to
increase occupancy and promote Kent as a South Sound meeting venue.
3. EXHIBITS: Consultant agreement and memo from Ben Wolters
4. RECOMMENDED BY: Staff and Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue?
Currently in the Budget? Yes X No
6. CITY COUNCIL ACTION:
jCouncilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
3
ECONOMIC DEVELOPMENT
• Ben Wolters
KEN"(' Phone: 253-856-5703
WASH NGTON Fax: 253-856-6700
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: February 10, 2009
TO: Kent City Council Operations Committee
FROM: Ben Wolters, Economic Development Director
THROUGH: Staff
SUBJECT: Kent Chamber of Commerce Agreement
MOTION: Recommend Council to authorize the Mayor to sign the
Consultant Services Agreement with the Kent Chamber of Commerce to
perform services which seek to increase occupancy at City lodging
facilities, promote the City as a site for corporate meetings & events and
- pormote tourism opportunities.
SUMMARY:
This is the yearly contract with the Kent Chamber of Commerce. It will be
remaining the same as 2008 at $18, 500.00.
Kent Chamber of Commerce provides direct serviced to promote the increase of
tourism opportunities in the city of Kent. Service under this agreement include
but are not limited to; the developing of a Visitor's Bureau, working with
ShoWare Center to bring conferences and events to Kent, update and publish the
Kent Chamber annual directory, Maintain the link from Kent Chamber website to
Seattle Southside Visitors Bureau and continue research and develop of the
visitor market in Kent.
If you have any questions prior to the meeting, please call Ben Wolters, 856-
5703.
EXHIBITS: Attached
BUDGET IMPACT: Yes
•
KENT
W A 5 H I N G T O N
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Kent Chamber of Commerce.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Kent Chamber of Commerce organized under the laws of the State
of Washington, located and doing business at 524 West Meeker St, Suite H-1, Kent, WA 98035-
0128, 253-854-1770 (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
Kent Chamber of Commerce will perform services which seek to increase occupancy
at City lodging facilities, promote the City as a site for corporate meetings and
— events and pormote tourism opportunities. This is all in accordance with the
Consultant January 12, 2009 Scope of work attached and incorporated as Exhibit A.
Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Upon the
effective date of this Agreement, Consultant shall complete the work described in Section I by
December 31, 2009.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed One Thousand Eight Hundred and Fifty Dollars and no cents. ($18,500.00)
for the services described in this Agreement. This is the maximum amount to be
paid under this Agreement for the work described in Section I above, and shall not
be exceeded without the prior written authorization of the City in the form of a
negotiated and executed amendment to this agreement. The Consultant agrees
that the hourly or flat rate charged by it for its services contracted for herein shall
remain locked at the negotiated rate(s) for a period of one (1) year from the
effective date of this Agreement. The Consultant's billing rates shall be as
delineated in Exhibit A.
CONSULTANT SERVICES AGREEMENT - 1
(Over$10,000)
B. The Consultant shall submit quarterly payment invoices to the City for work
q Y p Y Y
performed, and a final bill upon completion of all services described in this
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the i
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement and that the Consultant has
the ability to control and direct the performance and details of its work, the City being interested
only in the results obtained under this Agreement.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant's possession pertaining to this project, which may be
used by the City without restriction. If the City's use of Consultant's records or data is not
related to this project, it shall be without liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates. Consultant shall execute the attached City of Kent Equal Employment
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion
of the contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Consultant's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not I
be grounds to avoid any of these covenants of indemnification. 1
Should a court of competent jurisdiction determine that this Agreement is subject to RCW j
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this
Agreement.
CONSULTANT SERVICES AGREEMENT - 2
(Over$10,000)
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement
shall belong to and become the property of the City. All records submitted by the City to the
Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents,
and files available to the City upon the City's request. The City's use or reuse of any of the
documents, data and files created by Consultant for this project by anyone other than
Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent
contractor with the authority to control and direct the performance and details of the work
authorized under this Agreement, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section VII of this Agreement.
CONSULTANT SERVICES AGREEMENT - 3
(Over$10,000)
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this i
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Consultant's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
I. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT: CITY OF KENT: `
I
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(title)
DATE: DATE:
1
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CONSULTANT SERVICES AGREEMENT - 4
(Over$10,000)
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Andrea Keikkala, Exec. Dir. Ben Wolters, Econ. Dev. Dir.
Kent Chamber of Commerce City of Kent
524 West Meeker St. Suite H-1 220 Fourth Avenue South
Kent, WA 98035-0128 Kent, WA 98032
253-854-1770 (telephone) (253) 854-5702 (telephone)
253-856-8567 (facsimile) (253) 856-6700 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
[In this Fleld,you may enter the electronic filepath where the contract has been saved]
CONSULTANT SERVICES AGREEMENT - 5
(Over$10,000)
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DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The Cityof Kent is committed to conform to Federal and State laws regarding equal opportunity.
9 9 q
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity I
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of , 200_.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the �-
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on the
(date) , between the firm I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of , 200
By:
For:
Title:
Date:
C
E
EEO COMPLIANCE DOCUMENTS - 3 I
KENT CHAMBER
OF COMMERCE
January 12, 2009
2009 City of Kent
Tourism Grant
Background
The Kent Chamber of Commerce has worked in partnership with the City of Kent since
2000 to increase occupancy at Kent lodging facilities,to promote Kent as a site for
corporate meetings and events, and to highlight tourism opportunities in Kent.
Scope of Work
The Kent Chamber of Commerce provides services,which seek to increase
occupancy at City lodging facilities, promote the City as a site for corporate
meetings, and events and promote City tourism opportunities.
1. In the fall of 2008 the Kent Chamber of Commerce developed a Visitor's Bureau in
the Kent Chamber of Commerce office at 524 W. Meeker Street, Suite 1 in order to
service the numerous requests for information regarding the Kent. The Kent Chamber of
Commerce will continue to work with the South Side Visitors Bureau, City of Kent, and
local City of Kent businesses to promote and provide visitor and business information in
our Visitors Bureau. Cost: $7,000.00
® The Visitors Bureau in the Kent Chamber of Commerce takes up V4 of the
lobby area and is patronized on average by 2-4 people a day collecting
information and learning about Kent.
® The Kent Chamber of Commerce revised and continues the contract with
Certified Folder Display in order to provide quality materials to businesses
and individuals.
• The Kent Chamber staff answers on average of 5-10 calls per day requesting
information about the City of Kent as a site for corporate meetings and events.
These numbers of calls have increased substantially with the opening of the
ShoWare Center in January of 2009.
® The Kent Chamber of Commerce continues to work with the South Side
Visitors Bureau to promote the City of Kent on a monthly basis.
i
2. Continue to work with the Showare Center and surrounding businesses to bring
conferences and events to Kent. Cost: $1,000.00
® The Kent Chamber of Commerce continues to provide information to inquires
regarding the Showare Center.
® The Kent Chamber of Commerce is planning two major events for 2009 at the
ShoWare Center, which will showcase the centers abilities. The events
planned at the ShoWare Center for 2009 include the annual President's
Banquet and Community Awards in March and a Business Expo in October.
3. Update and publish a Kent Chamber's annual directory(Business Directory and
Relocation Guide). The directory also will highlight shopping,recreation and general
information regarding living and doing business in Kent. Cost: $6,000.00
® Yearly update and publishing of the Business Directory and Relocation Guide
is a 6-month process in which the Kent Chamber of Commerce contracts with
an outside firm in creation of the Business Directory and Relocation Guide.
® In January 2009 the Kent Chamber of Commerce received the finalized copy
of the 2009 Business Directory and Relocation Guide to distribute to 6,000
businesses and residents in Kent, the surrounding areas and to provide in 1
relocation and visitor packets.
® The 2009 Business Directory and Relocation Guide will also be provide to the
ShoWare Center to be placed at Guest Services and in Suites in order to
promote and highlight Kent businesses, shopping, recreation and general
information to those coming to enjoy the ShoWare Center.
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4. Maintain link frorn Kent Chamber of Commerce website to Seattle Southside Visitors
Bureau. $5,000.00
S. Forward or directly transfer visitor-related calls to the Seattle Southside Visitors
Service (SSVS)to ensure fulfillment of travel collateral requests. Cost: $1,000.00
® Substantial staff time is taken processing requests and collaborating with the
Seattle Southside Visitors Service in order to maintain and provide a quality
level of customer service to those inquires we receive regarding visitor related
calls.
I
6, The Kent Chamber of Commerce will continue to research and develop the visitors
market in Kent. Cost: $3,000.00
e The Kent Chamber of Commerce is currently researching ways to create a
shop locally campaign for Kent. This campaign is instrumental in promoting
businesses especially with the new event center and the influx of non-
residents coming to Kent on a weekly basis.
® The Kent Chamber of Commerce will continue to cultivate relationships with
the City of Kent and the Seattle South Side Visitors Bureau in order to create
a collaborative effort in research and development of the visitors market in
Kent.
i
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Total Cost of Scope of Work for 2009 =$18,500.00
The$18,500.00 will be paid to the Kent Chamber of Commerce quarterly in 2009 in
the amounts of$4,625.00 per quarter.
lst Quarter(January 1, 2009—March 31, 2009) = $4625.00
2nd Quarter(April 1, 2009—June 30, 2009)_$4625.00
3rd Quarter(July 1, 2009—September 30, 2009) _$4625.00
4th Quarter(October 1, 2009—December 31, 2009) _ $4625.00
Best Regards,
Andrea Keikkala
Executive Director
Kent Chamber of Commerce
(253) 854-1770 Ext. 140
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EXHIBIT
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be written
on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide
contractual liability coverage. I
2. Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01 and shall cover liability
arising from premises, operations, independent contractors,
products-completed operations, personal injury and
advertising injury, and liability assumed under an insured
contract. The Commercial General Liability insurance shall be
endorsed to provide the Aggregate Per Project Endorsement
ISO form CG 25 03 11 85. There shall be no endorsement or
modification of the Commercial General Liability :
insurance for liability arising from explosion, collapse or
underground property damage. The City shall be named as
an insured under the Consultant's Commercial General
Liability insurance policy with respect to the work performed
for the City using ISO additional
insured endorsement CG 20 10 11 85 or a substitute
endorsement providing equivalent coverage.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined I
single limit for bodily injury and property damage of l
$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with
limits no less than $1,000,000 each occurrence, $1,000,000
general aggregate and a $1,000,000 products-completed
operations aggregate limit. '
1 ;
EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the Consultant and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Consultant's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Consultant before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
Kent City Council Meeting
Date March 3, 2009
Category Consent Calendar - 6D
1. SUBJECT: GREEN RIVER COMMUNITY COLLEGE SMALL BUSINESS
ASSISTANCE CENTER AGREEMENT - AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the 2009 agreement
with Green River Community College's Small Business Assistance Program to
provide Kent residents and individuals one-on-one counseling and classes in Small
Business Management, in the amount of $21,102, subject to final agreement
terms and conditions acceptable to the City Attorney.
Green River Community College provides the residents of Kent and individuals
workshops and classes at a low cost. Lending options are also available for those
clients needing capital.
3. EXHIBITS: Consultant Agreement and memo from Ben Wolters
4. RECOMMENDED BY: Staff and Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue?
Currently in the Budget? Yes X No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
E
17
ECONOMIC DEVELOPMENT
® Ben Wolters
KENT
Phone: 253-856-5703
WASHINGTON Fax: 253-856-6700
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: February 10, 2009
TO: Kent City Council Operations Committee
FROM: Ben Wolters, Economic Development Director
THROUGH: Staff
SUBJECT: Green River Community College, Small Business Assistance Center
Agreement
MOTION: Recommend Council to authorize the Mayor to sign the
Consultant Services Agreement with the Green River Community College,
Small Business Assistance Center who assist Kent residents and
individuals seeking to open a business in Kent with one-on-one
counseling and classes.
SUMMARY:
This is the yearly contract with the Green River Community College, Small
Business Assistance Center. The agreement in 2009 will be for $21,102.00 and
will be quarterly invoices.
Green River Community College provides to Kent residents and individuals
seeking to open a business in Kent one-on-one counseling and classes. These
counseling sessions shall be available at no cost to the client. Workshops and
classes will also be available at a low cost to the participant. Lending options will
be available for those clients needing capital.
If you have any questions prior to the meeting, please call Ben Wolters, 856-
5703.
EXHIBITS: Attached
BUDGET IMPACT: Yes
KENT
W A 5 H I N G T O N
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Green River Community College's (GRCC)
Kent Small Business Assistance Center (SBAC)
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Green River Community College's Kent Small Business Assistance Center
organized under the laws of the State of Washington, located and doing business at 417 Ramsey Way, Suite
112, Kent,WA 98032 (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following described
plans and/or specifications:
Green River Community College's Kent Small Business Assistance Center shall offer to Kent residents and to
individuals seeking to open a business in Kent one-on-one counseling and classes as described in Consultant's
Scope of Services, which is attached and incorporated as Exhibit A.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices in effect at the time those services are performed.
H. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Upon the effective date of this
Agreement, Consultant shall complete the work described in Section I by December 31, 2009.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
$21,102.00 for the services described in this Agreement. This is the maximum amount to be
paid under this Agreement for the work described in Section I above, and shall not be exceeded
without the prior written authorization of the City in the form of a negotiated and executed
supplemental agreement. The Consultant agrees that the hourly or flat rate charged by it for its
services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1)
year from the effective date of this Agreement.
B. The Consultant shall submit quarterly invoices to the City for work performed, and a final bill
upon completion of all services described in this Agreement. The City shall provide payment
within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an
invoice, it shall notify the Consultant and reserves the option to only pay that portion of the
invoice not in dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
CONSULTANT SERVICES AGREEMENT- I
(Over$10,000)
i
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and
direct the performance and details of its work, the City being interested only in the results obtained under this
Agreement.
i
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of this
Agreement. After termination, the City may take possession of all records and data within the Consultant's
possession pertaining to this project, which may be used by the City without restriction. If the City's use of
Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the
Consultant.
I
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is
qualified and available to perform the work to which the employment relates. Consultant shall execute the
attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement.
VH. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of
this Agreement, except for that portion of the injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to
avoid any of these covenants of indemnification. I
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, j
then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused ((
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees,
agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's I
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE I
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work 4
under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the
Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request.
CONSULTANT SERVICES AGREEMENT-2
(Over$10,000)
i
The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone
other than Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be
done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools,
or other articles used or held for use in connection with the work.
XIH. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price preference
may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement
in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements
or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute,
difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving
that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction
of the King County Superior Court, King County, Washington, unless the parties agree in writing to an
alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties'
performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending
or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided,
however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section
VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice
hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail,
and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such
other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent of
the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms
of this Agreement shall continue in full force and effect and no further assignment shall be made without
additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the
City, and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner this Agreement. All of the above documents are hereby made a part of this Agreement.
However, should any language in any of the Exhibits to this Agreement conflict with any language contained in
this Agreement, the terms of this Agreement shall prevail.
CONSULTANT SERVICES AGREEMENT-3
(Over$10,000)
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H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance
of those operations.
IN WITNESS, the parties below execute this Agreement, which shall become effective on the last
date entered below.
CONSULTANT: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(Title) (Title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Leslie Moore Ben Wolters
Green River Community College's Economic Development Director
Kent's Small Business Assistance Center City of Kent
417 Ramsey Way, Suite 112 220 Fourth Avenue South
Kent, WA 98032 Kent,WA 98032
253-833-9111 x 3375 (telephone) (253) 856-5703 (telephone)
253-288-3480 facsimile (253) 856-6700 (facsimile)
APPROVED AS TO FORM:
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Kent Law Department
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CONSULTANT SERVICES AGREEMENT-4
(Over$10,000)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all
contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with
the regulations of the City's equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any contractor,
subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of
the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier
willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of
contract and it will be at the City's sole determination regarding suspension or termination for all or part of the
Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color,
national origin, age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement the prime contractor will provide a written statement to all new
employees and subcontractors indicating commitment as an equal opportunity employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of
women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime
Contractor, that the Prime Contractor complied with the requirements as set forth above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of , 200_.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS- 1
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CITY OF KENT
ADMINISTRATIVE POLICY L
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NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All
contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity
within their organization and, if holding Agreements with the City amounting to $10,000 or more within any I
given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal I
opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
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Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and
equal opportunity requirements shall be considered in breach of contract and subject to suspension or
termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works
Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are
familiar with the regulations and the City's equal employment opportunity policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
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EEO COMPLIANCE DOCUMENTS-2
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CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
1, the undersigned, a duly represented agent of Company, hereby
acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement
known as that was entered into on the (date) ,
between the firm I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent
Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part
of the before-mentioned Agreement.
Dated this day of 5200
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS-3
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Following is the Scope of Service for the Consultant Services Agreement between the
City of Kent and Green River Community College's Kent Small Business Assistance
Center for the calendar year 2009.
I. Description of Work
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
Green River Community College's Kent Small Business Assistance Center shall offer to
Kent residents and to individuals seeking to open a business in Kent one-on-one
counseling and classes in the following areas:
Small Business management
Buying or selling a business
Business location analysis
Marketing and sales
Financial and cash flow management
Human Resource management
Expanding into new markets
Inventory control
Strategic planning
Sources of capital
Business plan development
Focus on addition clients on the East Hill of Kent
Increase specified training topics such as business stabilization in tough times
Counseling sessions shall be available at no cost to the client. Workshops and classes
shall be available at a low cost to the participant. Lending options shall be available for
those clients needing capital. The consultant shall provide quarterly reports to the City
(see template, Exhibit A) on number of clients served, number of counseling hours,jobs
created and saved, new loan proposals and loans approved.
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Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices in effect at the
time those services are performed.
Amount being awarded by the City of Kent for 2009 is $21,106.00, to be reimbursed
quarterly to Green River Community College upon receipt of their invoice.
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EXHIBIT
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENT
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be written
on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide
contractual liability coverage.
2. Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01 and shall cover liability
arising from premises, operations, independent contractors,
products-completed operations, personal injury and
advertising injury, and liability assumed under an insured
contract. The Commercial General Liability insurance shall be
endorsed to provide the Aggregate Per Project Endorsement
ISO form CG 25 03 11 85. There shall be no endorsement or
modification of the Commercial General Liability
insurance for liability arising from explosion, collapse or
underground property damage. The City shall be named as
an insured under the Consultant's Commercial General
Liability insurance policy with respect to the work performed
for the City using ISO additional
insured endorsement CG 20 10 11 85 or a substitute
endorsement providing equivalent coverage.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of
$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with
limits no less than $1,000,000 each occurrence, $1,000,000
general aggregate and a $1,000,000 products-completed
operations aggregate limit.
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EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
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1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the Consultant and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Consultant's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
D. Acceptability of Insurers !
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII. {
E. Verification of Coverage
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Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Consultant before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
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CERTIFICATE. O'F LIAB.I::LITY IN$'URANCE'.: : : . Iss Date~03i 2i2007.
ISSUED BY: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
State Of Washington AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS.
Office of Financial Management CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
Risk Management Division AFFORDED BY THE STATE OF WASHINGTON SELF INSURANCE-
PO BOX 41027 LIABILITY PROGRAM.
Olympia WA 98504-1027
COVERAGE AFFORDED BY
State of Washington Self Insurance Liability Program
INSURED: THE STATE OF WASHINGTON, INCLUDING ALL ITS AGENCIES AND...
DEPARTMENTS, IS SELF-INSURED FOR TORT LIABILITY CLAIMS. ALL.
State of Washington CLAIMS MUST BE FILED WITH THE STATE OFFICE OF RISKii
Green River Community College -MANAGEMENT FOR PROCESSING IN ACCORD WITH STATUTORY
ATTN: Darcy SIIVest REQUIREMENTS,
12401 SE 320th Street
Auburn WA 98002
_............:.................._._........_.... :..._...,:.:.:
:�.r:.::::::,.:,;.,:..,:....
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COr/ - -
_.,_,.. _-..........._........ ......... ,...�.L..:.......... . ERA 5. .... .�::::-:_:�:::...,:::.::::...._::::... . . .... _
THIS IS TO CERTIFY COVERAGE DESCRIBED BELOW IS PROVIDED TO THE INSURED NAMED ABOVE FOR THE PERIOD INDICATED. NOT.
WITH STANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS-
CERTIFICATE MAY BE ISSUED.-OR MAY PERTAIN,THE COVERAGE AFFORDED BY THE SELF-INSURANCE LIABILITY PROGRAM IS SUBJECX
TO ALL THE TERMS,EXCLUSIONS,AND CONDITIONS OF SUCH PROGRAM.
POLICY EFFECTIVE EXPIRATION
TYPE OF COVERAGE NUMBER DATE DATE LIMITS
GENERAL LIABILITY Self-Insured Continuous Continuous BODILY INJURY, PROPERTY $5,000,000
® GENERAL LIABILITY DAMAGE&PERSONAL INJURY
® OCCURRENCE COVERAGE
COMBINED EACH OCCURRENCE-
AUTOMOBILE LIABILITY BODILY INJURY&PROPERTY $5,000,000
ANY AUTO DAMAGE COMBINED EACH
®ALL OWNED AUTOS
ACCIDENT
❑SCHEDULED AUTOS
❑ HIRED AUTOS
❑NON-OWNED AUTOS
WORKERS COMPENSATION AND STATUTORY
EMPLOYERS LIABILITY
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS: Coverage applies as respects tort liability claims against
the State of Washington as covered by the Tort Claims Act (RCW 4.92 et seq.) The Certificate Holder is named as-
additional insured, but only as'respects the negligence of the State of Washington.
:::::..................
^ ................ .:
CITY OF KENT SHOULD THE SELF INSURANCE LIABILITY PROGRAM BE CANCELLED, THE,:
STATE OF WASHINGTON WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN
ATTN: BEN WOLTERS, DIRECTOR ECONOMIC NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE
DEVELOPMENT TO MAIL SUCH NOTICE SHALL NOT IMPOSE ANY OBLIGATION OR LIABILITY
200 FOURTH AVENUE UPON THE STATE OF WASHINGTON, ITS OFFICIALS, EMPLOYEES, AGENTS
KENT, WA 98032
OR REPRESENTATIVES.
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AU O ZE REPRESE TATIVE:
CERTIFICATE NUMBER CRT 07-296 C udia chmitz, Covera es Administrator
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Kent CityCouncil Meeting
9
Date March 3, 2009
Category Consent Calendar - 6E
1. SUBJECT: KING COUNTY RECIPROCAL PERMIT AGREEMENTS REGARDING
PARKING - AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign reciprocal parking
agreements between the City and King County for ShoWare Center and the King
County James Street Park and Ride.
The City of Kent wishes to secure evening parking rights at the King County James
1 Street Park and Ride to address overflow parking by visitors to events at the
ShoWare Center, and King County wishes to secure day use of the ShoWare
Center Parking Lot to address overflow parking by visitors to the Maleng Regional
Justice Center. These reciprocal parking agreements accomplish both objectives.
3. EXHIBITS: Special Use Permit Issued to City of Kent by King County and
Special Use Permit Issued to King County by City of Kent
4. RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
jDISCUSSION:
ACTION:
SPECIAL USE PERMIT
Issued to CITY OF KENT, WASHINGTON
by KING COUNTY For Incidental Evening
Use and Limited Day Use of Kent/James Street Park and Ride ,
WHEREAS, the City of Kent wishes to secure evening parking rights at the King
County James Street Park and Ride in Kent to address overflow parking by visitors
to events at the ShoWare Center at Kent; and
WHEREAS, King County wishes to secure day use of the ShoWare Center Parking
Lot to address overflow parking by visitors to the Maleng Regional Justice Center;
NOW THEREFORE, the Parties agree as follows:
BASIC PROVISIONS
Permittee: City of Kent, Washington, a municipal corporation of the State of
Washington
Property for which this Special Use Permit Is Issued: Kent/James Park-and-
Ride. LOT 2 of CITY OF KENT SHORT PLAT NO. SP-2001-09 (KING CO METRO
PARK& RIDE SHORT PLAT) RECORDING NO 20030206900004 (BEING A PORTION
OF NE QTR NW QTR STR 24-22-04), PARCEL NUMBER 2422049191 (Property). A
depiction of the Property is attached hereto as Exhibit A and made a part hereof.
Permittee Address and Contact Information:
City of Kent
Attn: Facilities Manager
220 Fourth Avenue south
Kent, WA 98032
King County Address and Contact Information:
King County
Attn: Manager, Real Estate Services Section
King County Administration Building
500 Fourth Avenue, Room 500
Seattle, WA 98104
Permitted Use: Surface parking only, and related pedestrian use, for employees
and visitors to events of the City of Kent ShoWare Center, generally from 5:30 p.m.
to 2:30 a.m. on weekdays and from 7:00 a.m. to 2:30 a.m. the following day on
Saturdays, Sundays, and holidays recognized by King County, only on the dates
identified in the Event List (defined below). Permittee shall limit its use of the
Property to only those times and activities specified in this Permit.
SPECIAL USE PERMIT - 1
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Benefit to King County: The Permitted Use will provide a mutual benefit to King
County through issuance to the County by the Permittee of a companion special use
permit for day use of the City of Kent ShoWare Center parking lot for overflow
visitor parking for the Norm Maleng Regional Justice Center (the "ShoWare Center
at Kent Permit").
Permit Start Date: March 1, 2009
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Permit End Date: December 31, 2013
TERMS AND CONDITIONS
1. PERMIT REVOCATION: Except as otherwise provided herein, this l
Permit is revocable at any time by King County upon 18 months advance written
notice; provided that King County may revoke ,on shorter notice (not less than 30
days in advance of the revocation date)- if required by the Federal Transit Agency
because of a public transit need for the Property. The right to revoke is expressly
reserved to King County (herein "County" or "King County").
2. INDEMNITY AND HOLD HARMLESS: The Permittee for itself, its
successors and assigns, shall defend, indemnify, and hold harmless King County, its
appointed and elected officials, and employees from and against liability for all
claims, demands, suits, and judgments including costs of defense thereof for injury
to persons, death, or property damage which is caused by, arises out of, or is
incidental to Permittee's exercise of rights and privileges granted by this Permit, but
only to the extent of Permittee's negligence or willful misconduct. The Permittee's
obligation under this section shall include: a) the duty to promptly accept tender of
defense and provide defense to the County at the Permittee's own expense; b)
indemnification of claims made by the Permittee's own employees or agents; and c)
waiver of the Permittee's immunity under the industrial insurance provisions of Title
51 RCW, which waiver has been mutually negotiated by the parties.
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In the event it is necessary for the County to incur attorney's fees, legal
expenses, or other costs to enforce the provisions of this section, all such fees, E
expenses, and costs shall be recoverable from the Permittee.
In the event it is determined that RCW 4.24.115 applies to this Permit, the
Permittee agrees to defend, hold harmless, and indemnify King County to the
maximum extent permitted thereunder, and specifically for its negligence
concurrent with that of King County to the full extent of Permittee's negligence.
Permittee agrees to defend, indemnify, and hold harmless King County for claims
by Permittee's employees and agrees to waiver of its immunity under Title 51 RCW,
which waiver has been mutually negotiated by the parties.
3. ANTI-DISCRIMINATION: In all hiring or employment made possible or
resulting from this Permit, there shall be no discrimination against any employee or
applicant for employment because of race, color, ancestry, religion, national origin,
age, sex, sexual orientation, marital status, or the presence of any sensory, mental
or physical handicap in an otherwise qualified handicapped person unless based
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SPECIAL USE PERMIT - 2
Between King County&City of Kent Re: James St. Park-n-Ride
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upon a bona fide occupational qualification, and this requirement shall apply to but
not be limited to the following: employment, .advertising, lay-off or termination,
rates of pay or other forms of compensation, and selection for training including
apprenticeship. No person shall be denied, or subjected to discrimination in receipt
of the benefit of any services or activities made possible by or resulting from this
Permit on the grounds of race, color, ancestry, religion, national origin, age (except
minimum age and retirement provisions), sex, sexual orientation, marital status,
parental status, the presence of any sensory, mental or physical handicap, or the
use of a trained guide-dog by a blind or deaf person. Any violation of this provision
shall be considered a violation of a material provision of this Permit and shall be
grounds for cancellation, termination or suspension in whole or in part of the Permit
by the County, and may result in ineligibility for further County permits.
4. PERMITTED USE: Permittee shall limit its use of the Property to only
those activities specified in this Permit. Permittee shall take measures to ensure
that its patrons are discouraged from using the adjacent King County Park and Ride
lot, known as the "small lot" or Lot 1 (also depicted on Exhibit A).
5. NON-EXCLUSIVE RIGHT: This Permit shall not be deemed or
construed to be an exclusive right. It does not prohibit King County from granting
any other permits to other public or private entities, nor shall it prevent King
County from using any public place for any and all public use or affect its
jurisdiction over any part of them; provided, that any such other permits or use by
the County shall not unreasonably interfere with Permittee's use of the Property as
authorized by.this Permit.
6. ASSESSMENTS: Permittee shall be required to pay any general or
special assessments incurred by King County, which are directly attributable to or
arising from any actions, occupancy, or usage authorized herein.
7. TERMINATION BY PERMITTEE: The Permittee may terminate the
Permit by written notice to the Manager of Real Estate Services Section upon first
giving not less than eighteen (18) months prior written notice.
8. RETURN OF PREMISES: Permittee shall construct no improvements on
the Property without prior written approval of King County. If such improvements
are authorized, upon revocation, termination, or abandonment, the Permittee shall
remove, at Permittee's expense, any facilities placed on the Property by the
Permittee, and restore the Property to a condition which is equivalent in all respects
to the condition existing prior to installation of the facilities. If the Permittee has not
accomplished removal and restoration at the end of a ninety-day period following the
effective date of revocation, termination, expiration, or abandonment, King County
may accomplish all of the necessary work and charge all of the costs to the
Permittee.
9. REPAIRING DAMAGE BY PERMITTEE: In the event that damage of any
kind is caused by the Permittee in the course of making use of the Property
(beyond normal wear and tear) authorized by this Permit, Permittee shall repair
SPECIAL USE PERMIT - 3
Between King County&City of Kent Re: James 5t. Park-n-Ride
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said damage at its sole cost and expense. Repair work shall begin without delay
and continue without Interruption until completed. If damage is extensive, the time
allowed for repair will be prescribed by the County. agent. If the County determines j
it is necessary, the County may accomplish the work and charge all the costs to the
Permittee. Nothing in this section shall relieve the Permittee of duties under Terms
and Conditions No. 2 above.
10. ABATEMENT OF UNSAFE CONDITIONS: The County may do, order, or
have done all work considered necessary to restore to a safe condition any area 1
described in Permit that exists in a condition dangerous to life or property. Nothing
in this section shall relieve the Permittee of duties under Terms and Conditions No.
2 above.
11. RIGHTS AND OBLIGATIONS RESERVED TO COUNTY: The County
reserves the right to use, occupy, and enjoy its Property for such purposes as it
shall desire including, but not limited to, constructing or installing structures and
facilities on the Property, or developing, improving, repairing or altering the
Property. The parties acknowledge that transit riders may elect to park on Lot 2
and that such uses will be permitted at all times; other than such transit rider use,
the County agrees that it will not reduce, temporarily or permanently, the total
number of parking spaces on confirmed event days below 550 during the
established Property use time frames for that event. The County shall maintain the
Property in its "as is" condition, subject to regular wear and tear, which
maintenance, shall include regular tree and brush trimming and removal, quarterly j
surface sweeping, monthly litter control, and maintenance of all light fixtures; I
provided however that the County is under no obligation to re-stripe, resurface,
seal-coat, joint seal, undertake curb or paving repair or slab replacement of Lot 2
during the term of this Permit. The County is under no obligation to perform any
adverse weather response to Lot 2 including but not limited to snowplowing,
sanding or other activity; however, the City is authorized to perform that activity
when necessary.
12. OTHER APPLICABLE LAWS: Issuance of this Permit does not in any
way relieve the Permittee from complying with any other applicable laws in I
performing the work or making use of the Property as authorized by this Permit.
13. AMENDMENTS: This Permit may be amended only by written
agreement of King County and the Permittee.
14. TITLE: This Permit grants only the right to use King County's interest I
in the Property, and the granting of this Permit is not a warranty that good title to
any specific property is vested in King County.
15. CONDITION OF PROPERTY: Prior to March 15, 2009, the Permittee will
inspect the Property and prepare a report of that inspection. The Permittee j
understands and agrees that the Property is taken for its use, as described in the I
inspection report, in its "AS IS" condition and that King County has no obligation to
the Permittee to make any changes, improvements, or to incur any expense
SPECIAL USE PERMIT - 4 I
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whatsoever for environmental and/or other problems associated with the Property
to facilitate Permittee's authorized use of the Property. The Permittee shall be
responsible for the condition of the sidewalk that abuts and serves the Property.
16. ASSIGNMENT: The Permittee shall not assign any of its rights under
this Permit without the prior written consent of the County.
17. SPECIAL TERMS AND CONDITIONS:
a. Event List. Not later than November 15 of each year this Permit is in
effect, the Permittee shall, provide King County for its review and
approval (in writing) a preliminary list of not to exceed 125 days in the
following calendar year (January 1 —December 31) that will require
the use of the Property for evening overflow parking between the
hours of 5:30 p.m. and 2:30 a.m. (Event List). For events in 2009,
the preliminary Event List shall be provided on or before March 15,
2009.' The County will confirm its approval of the Preliminary Event
List within 15 days of receipt. The Permittee shall confirm all event
dates as soon as possible, but in any event not less than thirty (30)
calendar days in advance of any booked event. The Event List shall
identify the event booked at the ShoWare Center associated with each
requested date of use, as specifically as possible as that information
becomes available. The Permittee shall only authorize use of the
Property on the approved dates specified and confirmed on the Event
List. Nothing in this section, however, authorizes King County to
approve or deny any event based on the nature of the proposed event
or its content; King County's approval or denial shall solely be based
on its projected parking needs or other scheduled use of the Property
on any given date.
b. Daytime Events. Up to twenty (20) of the events allowed by
subsection 17(a) above, may occur between the hours of 7:00 a.m.
and 2:30 a.m. of the following day. On those days only, the surface
parking rights provided to Permittee will commence after 11:00 a.m.,
but only on daytime event days.
C. Annual Permit Fee. The Permittee shall pay the amount of $1,968.75
annually (Annual Fee) for the use of the Property, (exclusive of the
initial permit processing fee of $500). The fee for 2009 shall be paid on
or before March 15. The Fee for subsequent years shall be paid
annually on or before December 31st.
d. Additional Events. In the event the Permittee desires to schedule
either tentative or firm dates of use for the Property in addition to
those identified on the approved Event List, the Permittee shall provide
King County written notice of such request not less than thirty (30)
days in advance. King County shall allow use of the Property for such
purposes so long as they are consistent with the scope of use
SPECIAL USE PERMIT - 5
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otherwise permitted herein and so long as King County has not issued
any other special use permits for the Property for such dates and
times. King County shall within fifteen (15) calendar days provide
notification in writing to the Permittee whether or not King County has {
approved the Additional Event. If an event is so approved, the
Additional Event shall be deemed added to the Event List, and use of
the Property on such approved Additional Event day(s) shall be subject
to and conditioned upon the incorporation of each and every term
contained in this Permit. The Permittee shall pay $15.75 for each
Additional Event day in which the total number of approved event days
exceeds 125 days of use. Additional Event fees, if any, shall be paid in
arrears twice each year, on June 30th and December 31st. Nothing in
this section, however, shall prohibit the County and Permittee, by 1
mutual written agreement, to add or amend event days on shorter
notice.
e. Remittance of Fee Upon Revocation or Termination of Permit. If
the Permit is revoked or terminated prior to the end of a year, the
Annual Fee shall be prorated based on the number of days the Permit
was in effect in the current year and King County shall return any
amounts paid by Permittee for the remainder of the year less any
Additional Event Fees owing. f
f. Additional Conditions of Use.
1. No structure shall be constructed or installed on the Property.
2. Event parking and/or activities shall not obstruct transit
operations, passenger boarding and/or bus layover, on the
Property and on any adjacent property owned by King County, if
any.
3. The Permittee shall not place, or allow placement of, any
materials, displays, stands, (other than temporary parking and
directional signage) or equipment on the Property without prior
written approval from King County.
4. The Permittee shall provide its own trash receptacles and shall
be responsible for cleaning-up, removing and disposing of all
debris and materials associated with its use after each Permittee
event to an off site location, including cleaning up, removing
and disposing of all debris from in and around the landscaped
areas, including without limitation any advertising flyers or other
pamphlets that are distributed during any event or placed on
parked vehicles.
5. If Permittee desires to extend the Term of this Permit, the
Permittee must make a written request to, and approved in
writing by, King County and, in the sole and absolute discretion
SPECIAL USE PERMIT - 6
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of King County, a new special use permit may be issued, or an
amendment made to this Permit, or some other type of
agreement executed prior to the expiration of the Term of this
Permit.
6. The Permittee shall use its best efforts to keep the traveled
roadways and sidewalks immediately adjacent to the Permit
Property open and unimpeded at all times during its authorized
use of the Permit Property.
7. The Permittee shall be responsible for providing appropriate
measures for insuring the safety of pedestrians and vehicles to
and from the ShoWare Center including, but not limited to,
providing adequate lighting, temporary signage, cones and
flaggers. All traffic controls shall comply with the Manual on
Uniform Traffic Control Devices ("MUTCD") or the local
jurisdiction's traffic control requirements that would supersede
the King County's MUTCD.
8. The Permittee shall be responsible at its own cost and liability
for providing security and protection during events, as
necessary, to protect against injuries to people, including death,
and theft, damage or loss to equipment, materials,
improvements and any other property, personal or real, during
the Term. The Permittee shall not allow any vehicle on the
Property that exceeds 10,000 pounds in weight.
9. The Permittee's use of the Property shall not damage nor in any
way interfere with King County's use of the Property as a park
and ride lot or the use of the Property by transit passengers as a
park and ride lot. Permittee shall not use the driver comfort
station located on Lincoln Street, which is only for use by King
County Metro Transit operators. The Permittee shall not have
the right to tow any King County Metro Transit passenger
vehicles which may still be using the Property during any Event.
10. Permittee shall undertake no activities inconsistent with the
terms of this permit on the Property without prior written
approval of the County.
g. Environmental Indemnification. The Permittee further agrees, for
itself, its successors and assigns, to defend, indemnify and hold
harmless the King County from and against any and all environmental
problems, including the cost of defense related thereto, which arise
from, in connection with or incident to the acts or omissions of
Permittee, its appointed and elected officials, employees, agents and
contractors (hereinafter, "Permittee actors") in .the exercise of
Permittee's rights and privileges granted by this Permit or the
SPECIAL USE PERMIT - 7
Between King County&City of Kent Re: James St. Park-n-Ride
i,
i
Permittee's use of, or activities on, the Property or any surrounding
King County property. By way of example only, the obligations of the
Permittee under this section shall include, but are not limited to, (a)
the cost of removing and disposing of any pre-existing Hazardous
Substances uncovered in the course of the activities by Permittee
actors under this Permit, related permits or activities as may be
required by law; (b) the cost of taking necessary steps to comply with
and paying penalties assessed for failure to comply with the provisions
of any federal, state or local environmental statutes, ordinances or
regulations. Futhermore, Permittee shall notify the King County Real
Estate Services Section Permit & Franchise Unit and any other public
agency as required by law, in the event the Permittee or its
contractors obtain knowledge of any environmental problems on the
Property. For purposes of this Permit, the term "environmental
problems" shall mean any claim, complaint, demand, action, cause of j
action, suit, loss, contribution action, action by an instrumentality of a i
federal, state or local government, cost, damage, fine, penalty,
expense, judgment or liability of any kind which directly or indirectly
relates to noise or the existence, use, release, threatened release,
leakage, spillage, discharge, disturbance, dispersal, movement,
uncovering, treatment, handling, storage, transport, or disposal of
Hazardous Substance(s), whether in, on, into, onto or from soil,
surfaces, improvements, air, surface water, or ground water.
1. For the purposes of this Permit, "Hazardous Substances," shall
include:
i. Any toxic substances or waste, sewage, petroleum
products, radioactive substances, heavy metals, medical,
corrosive, noxious, acidic, bacteriological or disease-
producing substances; or
ii Any dangerous waste or hazardous waste as defined in:
a. Washington Hazardous Waste Management Act as
now existing or hereafter amended (RCW Ch.
70.105); or
b. Resource Conservation and Recovery Act as now
existing or hereafter amended (42 U.S.C. Sec.
6901 et seq.) or
iii. Any hazardous substance as defined in:
a. Comprehensive Environmental Response, -
Compensation and Liability Act as now existing or
hereafter amended (42 U.S.C. Sec. 9601 et seq. or
SPECIAL USE PERMIT - 8
Between King County&City of Kent Re: James St. Paris-n-Ride
I
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b. Washington Model Toxics Control Act as now
existing or hereafter amended (RCW Ch. 70.105D);
or
iv. Any other pollutants, contaminants, substances, or
materials posing a danger or threat to public health or
welfare, or to the environment, which are regulated or
controlled by any federal, state and local laws and
regulations now or hereafter amended.
2. The Permittee's obligations contained in this Section g. shall
survive any termination or expiration of this Permit and any
subsequent transfer by King County of its interest in the
Property.
h. Permit Conditioned on ShoWare Center Day Use Parking
Agreement. This Permit is issued expressly in consideration of the
agreement of Permittee to issue County a special use permit granting
the County the right to use the ShoWare Center parking lot from 7:00
a.m. to 5:30 p.m. daily, as overflow parking for the Maleng Regional
Justice Center, as further described in that certain Special Use Permit
for ShoWare Center Parking Lot Day Use, dated as of March 1, 2009
between Permittee and County '(MRJC Parking Permit). In the event,
for any reason whatsoever, the Permittee terminates the MRJC Parking
Permit, King County shall have the absolute right to terminate this
Permit. Notwithstanding the Termination Notice provided in Section 1
above, King County may terminate this Permit to coincide with the
date that the Permittee terminates the MRJC Permit.
i. Insurance Required. Permittee is a self-insured governmental
entity. Permittee agrees to maintain commercial general liability
insurance, including personal injury and property damage, in an
amount of at least one million dollars ($1,000,000.00) per occurrence.
This requirement may be satisfied by self-insurance (to be evidenced
by a letter from Permittee).
P:\Civil\Files\OpenFlles\1071\SpecialUsePermit-KentUselamesstParkN Rlde021009CLEAN.doc
SPECIAL USE PERMIT - 9
Between King County&City of Kent Re: James St. Park-n-Ride
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—3NnNaLYV4--T,;
SPECIAL USE PERMIT
Issued to KING COUNTY, WASHINGTON
by CITY OF KENT For Weekday
Use of the ShoWare Center at Kent Parking Lot
WHEREAS, the City of Kent wishes to secure evening parking rights at the King
County Park and Ride in Kent to address overflow parking by visitors to events at
the ShoWare Center at Kent; and
WHEREAS, King County wishes to secure day use of the ShoWare Center Parking
Lot to provide additional employee and visitor parking for current needs at the
Norm Maleng Regional Justice Center (RIC);
NOW THEREFORE, the Parties agree as follows:
BASIC PROVISIONS
Permittee: King County, Washington, a municipal corporation of the State of
Washington
Property for which this Special Use Permit Is Issued: 450 parking stalls on
the east side and south side of the ShoWare Center, legally described as: THAT
PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 13, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M. IN KING COUNTY,
WASHINGTON, LYING EAST OF THE CHICAGO, MILWAUKEE AND ST. PAUL
RAILWAY COMPANY RIGHT-OF-WAY. EXCEPT THE SOUTH 33 FEET THEREOF, FOR
STRET PURPOSES CONVEYED TO THE CITY OF KENT UNDER DEED RECORDED
UNDER AUDITOR'S FILE NO. 5660747 AND LYING SOUTHEASTERLY OF THAT
PORTION CONVEYED TO STATE OF WASHINGTON FOR PSH NO. 5 BY DEED
RECORDED UNDER AUDITOR'S FILE NO. 5944140 AND EXCEPT THAT PORTION
CONVEYED TO THE CITY OF KENT BY DEED RECORDED JUNE 20, 1969 UNDER
AUDITOR'S FILE NO. 6527771 TOGETHER WITH THAT PORTION OF THE SOUTH
QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 13, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF
THE EAST LINE OF PSH NO. 5 AS CONDEMED IN THE KING COUNTY SUPERIOR
COURT CAUSE NO 647499, LESS THE EAST 60' FOR 5T" AVENUE NORTH,
TOGETHER WITH THAT PORTION OF VACATED 5T" AVENUE NORTH AS VACATED BY
CITY OF KENT ORDINANCE 1877 (Property). A depiction of the Property is attached
hereto as Exhibit A and made a part hereof.
Permittee Address and Contact Information:
King County
Attn: Manager, Real Estate Services Section
King County Administration Building
500 Fourth Avenue, Room 500
Seattle, WA 98104
SPECIAL USE PERMIT - 1
Between City of Kent&King County Re: ShoWare Center
I
City i of Kent Addressand a Contact Information:
City of Kent
Attn: Facilities Manager
220 Fourth Avenue South
Kent, WA 98032
Permitted Use: Surface parking only, and related pedestrian use, for employees j
and visitors to the RJC in its current use and configuration from 7:00 a.m. to 5:30
p.m. weekdays, except for King County legal holidays and the days on which the
ShoWare Center will conduct special daytime events, which daytime events shall
not exceed 20 annually. Permittee shall limit its use of the Property to only those
times and activities specified in this Permit.
r_
Benefit to City of Kent: The Permitted Use will provide a mutual benefit to the
City of Kent through issuance to the City by the County of a companion special use
permit for evening and limited day use of the King County James Street Park and
Ride lot for overflow visitor parking for the ShoWare Center (the "James St. Park
and Ride Permit").
Permit Start Date: March 1, 2009
Permit End Date: December 31, 2013
TERMS AND CONDITIONS l
1. PERMIT REVOCATION: Except as otherwise provided herein, this
Permit is revocable at any time by the City of Kent upon 18 months advance written
notice. The right to revoke is expressly reserved to the City of Kent (herein "Kent"
or "City of Kent"). j
2. INDEMNITY AND HOLD HARMLESS: The Permittee for itself, its I
successors and assigns, shall defend, indemnify, and hold harmless City of Kent, its
appointed and elected officials, and employees from and against liability for all
claims, demands, suits, and judgments including costs of defense thereof for injury
to persons, death, or property damage which is caused by, arises out of, or is
incidental to Permittee's exercise of rights and privileges granted by this Permit, but
only to the extent of Permittee's negligence or willful misconduct. The Permittee's
obligation under this section shall include: a) the duty to promptly accept tender of
defense and provide defense to the City at the Permittee's own expense; b)
indemnification of claims made by the Permittee's own employees or agents; and c)
waiver of the Permittee's immunity under the industrial insurance provisions of Title
51 RCW, which waiver has been mutually negotiated by the parties.
In the event it is necessary for the City of Kent to incur attorney's fees, legal
expenses, or other costs to enforce the provisions of this section, all such fees,
expenses, and costs shall be recoverable from the Permittee.
SPECIAL USE PERMIT - 2
Between City of Kent&King County Re: ShoWare Center
In the event it is determined that RCW 4.24.115 applies to this Permit, the
Permittee agrees to defend, hold harmless, and indemnify City of Kent to the
maximum extent permitted thereunder, and specifically for its negligence
concurrent with that of City of Kent to the full extent of Permittee's negligence.
Permittee agrees to defend, indemnify, and hold harmless City of Kent for claims by
Permittee's employees and agrees to waiver of its immunity under Title 51 RCW,
which waiver has been mutually negotiated by the parties.
3. ANTI-DISCRIMINATION: In all hiring or employment made possible or
resulting from this Permit, there shall be no discrimination against any employee or
applicant for employment because of race, color, ancestry, religion, national origin,
age, sex, sexual orientation, marital status, or the presence of any sensory, mental
or physical handicap in an otherwise qualified handicapped person unless based
upon a bona fide occupational qualification, and this requirement shall apply to but
not be limited to the following: employment, advertising, lay-off or termination,
rates of pay or other forms of compensation, and selection for training including
apprenticeship. No person shall be denied, or subjected to discrimination in receipt
of the benefit of any services or activities made possible by or resulting from this
Permit on the grounds of race, color, ancestry, religion, national origin, age (except
minimum age and retirement provisions), sex, sexual orientation, marital status,
parental status, the presence of any sensory, mental or physical handicap, or the
use of a trained guide-dog by a blind or deaf person. Any violation of this provision
shall be considered a violation of a material provision of this Permit and shall be
grounds for cancellation, termination or suspension in whole or in part of the Permit
by the City of Kent, and may result in ineligibility for further City of Kent permits.
4. PERMITTED USE: Permittee shall limit its use of the Property to only
those activities specified in this Permit.
5. NON-EXCLUSIVE RIGHT: This Permit shall not be deemed or
construed to be an exclusive right. It does not prohibit the City of Kent from
granting any other permits to other public or private entities, nor shall it prevent
the City of Kent from using any public place for any and all public use or affect its
jurisdiction over any part of them; provided, that any such other permits or use by
the City of Kent shall not unreasonably interfere with Permittee's use of the
Property as authorized by this Permit.
6. ASSESSMENTS: Permittee shall be required to pay any general or
special assessments incurred by the City of Kent, which are directly attributable to
or arising from any actions, occupancy, or usage authorized herein.
7. TERMINATION BY PERMITTEE: The Permittee may terminate the
Permit by written notice to the City of Kent's Facilities Manager upon first giving not
less than eighteen (18) months prior written notice.
8. RETURN OF PREMISES: Permittee shall construct no improvements on
the Property without prior written approval of King County. If such improvements
are authorized, upon revocation, termination, or abandonment, the Permittee shall
SPECIAL USE PERMIT - 3
Between City of Kent&King County Re: ShoWare Center
i
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I
remove, at Permittee's expense, any facilities placed on the Property by the
Permittee, and restore the Property to a condition which is equivalent in all respects
to the condition existing prior to installation of the facilities. If the Permittee has
not accomplished removal and restoration at the end of a ninety-day period
following the effective date of revocation, termination, expiration, or abandonment,
King County may accomplish all of the necessary work and charge all of the costs to
the Permittee.
9. REPAIRING DAMAGE BY PERMITTEE: In the event that damage of any
kind is caused by the Permittee in the course of making use of the Property
(beyond normal wear and tear) authorized by this Permit, Permittee shall repair
said damage at its sole cost and expense. Repair work shall begin without delay
and continue without interruption until completed. If damage is extensive, the time
allowed for repair will be prescribed by the City of Kent agent. If the City of Kent
determines it is necessary, the City of Kent may accomplish the work and charge all '
the costs to the Permittee. Nothing in this section shall relieve the Permittee of
duties under Terms and Conditions No. 2 above.
10. ABATEMENT OF UNSAFE CONDITIONS: The City of Kent may do, f
order, or have done all work considered necessary to restore to a safe condition any
area described in Permit that exists in a condition dangerous to life or property.
Nothing in this section shall relieve the Permittee of duties under Terms and
Conditions No. 2 above.
11. RIGHTS AND OBLIGATIONS RESERVED TO CITY OF KENT: The City of
Kent reserves the right to use, occupy, and enjoy its Property for such purposes as
it shall desire including, but not limited to, constructing or installing structures and
facilities on the Property, or developing, improving, repairing or altering the
Property; however, except as provided in Section 17(a), the City of Kent may not
reduce, temporarily or permanently, the total number of parking spaces below 450.
The City of Kent shall maintain the Property in its "as is" condition, subject to
regular wear and tear, which maintenance shall include regular tree and brush
trimming and removal, quarterly surface sweeping, monthly litter control,
maintenance of all light fixtures; provided however that the City of Kent is under no
obligation to re-stripe, resurface, seal-coat, joint seal, undertake curb or paving
repair or slab replacement during the term of this Permit. The City is under no
obligation to perform any adverse weather response, including but not limited to
snowplowing, sanding, or other activity; however, the County is authorized to
perform that activity when necessary.
12. OTHER APPLICABLE LAWS: Issuance of this Permit does not in any
way relieve the Permittee from complying with any other applicable laws in
performing the work or making use of the Property as authorized by this Permit.
13. AMENDMENTS: This Permit may be amended only by written.
agreement of the City of Kent and the Permittee.
SPECIAL USE PERMIT - 4
Between City of Kent&King County Re: ShoWare Center
14. TITLE: This Permit grants only the right to use the City of Kent's .
interest in the Property, and the granting of this Permit is not a warranty that good
title to any specific property is vested in the City of Kent.
15. CONDITION OF PROPERTY: Prior to March 15, 2009, the Permittee will
inspect the Property and prepare a report of that inspection. The Permittee
understands and agrees that the Property is taken for its use, as described in the
inspection report, in its "AS IS" condition and that the City of Kent has no obligation
to the Permittee to make any changes, improvements, or to incur any expense
whatsoever for environmental and/or other problems associated with the Property
to facilitate Permittee's authorized use of the Property.
16. ASSIGNMENT: The Permittee shall not assign any of its rights under
this Permit without the prior written consent of the City of Kent.
17. SPECIAL TERMS AND CONDITIONS:
a.. Daytime Events. The City of Kent may conduct up to twenty (20) all-
day events annually. These all-day events will be coordinated with
Permittee as provided in the James St. Park and Ride Permit (e.g.,
such dates shall be placed on the preliminary event list and confirmed
not less than 30 days in advance, as more specifically described in
Sections 17.a and .b of the James St. Park and Ride Permit). On those
days only, these surface parking rights will not be available to
Permitte.
b. Additional Conditions of Use.
1. No structure shall be constructed or installed on the Property.
2. RJC parking and/or activities shall not obstruct the City of Kent's
use of the remaining ShoWare Center property or the use of any
adjacent property owned by the City of Kent, if any.
3. The Permittee shall not place, or allow placement of, any
materials, displays, stands, or equipment on the Property
without prior written approval from the City of Kent.
4. The Permittee shall provide its own trash receptacles and shall
be responsible for cleaning-up, removing and disposing of all
debris and materials associated with its use to an off site
location at least once each week provided that clean-up shall
not occur within 24-hours of a scheduled event at the ShoWare
Center, it being the intent of the parties that the City shall have
responsibility for cleaning the Premises following events. The
Permittee's weekly cleaning responsibilities shall include
cleaning up, removing and disposing of all debris from in and
SPECIAL USE PERMIT - 5
Between City of Kent&King County Re: ShoWare Center
i
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around the landscaped areas, including without limitation any
advertising flyers or other pamphlets placed on parked vehicles.
i
5. If Permittee desires to extend the Term of this Permit, the 1
Permittee must make a written request to, and approved in
writing by, the City of Kent and, in the sole and absolute
discretion of the City of Kent, a new special use permit may be
issued, or an amendment made to this Permit, or some other
type of agreement executed prior to the expiration of the Term
of this Permit.
6. The - Permittee shall use its best efforts to keep the traveled j
roadways and sidewalks immediately adjacent to the Permit I
Property open and unimpeded at all times during its authorized
use of the Property.
7. The Permittee shall be responsible for providing appropriate I
measures for insuring the safety of pedestrians and vehicles to
and from the RIC including, but not limited to, providing
adequate lighting, temporary signage, cones and flaggers. All
traffic controls shall comply with the Manual on Uniform Traffic
Control Devices ("MUTCD") or the local jurisdiction's traffic
control requirements that would supersede the King County's
MUTCD.
8. The Permittee shall be responsible at its own cost and liability
for providing security and protection, as necessary, to protect c
against injuries to people, including death, and theft, damage or
loss to equipment, materials, improvements and any other
property, personal or real, during the Term. The Permittee
shall not allow any vehicle on the Property that exceeds 10,000
pounds in weight.
9. Except as provide in this Permit, the Permittee's use of the
Property shall not damage nor in any way interfere with the City
of Kent or its visitor's use of the Property as an event center. f
Permittee shall not use the ShoWare Center's indoor facilities,
which are only for use by ShoWare patrons and employees. The
Permittee shall not have the right to tow any City of Kent or
SMG vehicles which may still be using the Property during the j
time of Permittee's permitted use.
10. Permittee shall undertake no activities inconsistent with the
terms of this Permit on the Property without prior written
approval of the City of Kent.
C. Environmental Indemnification. The Permittee further agrees, for
itself, its successors and assigns, to defend, indemnify and hold
SPECIAL USE PERMIT - 6
Between City of Kent&King County Re: ShoWare Center
harmless the City of Kent from and against any and all environmental
problems, including the cost of defense related thereto, which arise
from, in connection with or incident to the acts or omissions of
Permittee, its appointed and elected officials, employees, agents and
contractors (hereinafter, "Permittee actors") in the exercise of
Permittee's rights and privileges granted by this Permit or the
Permittee's use of, or activities on, the Property or any surrounding
City of Kent property. By way of example only, the obligations of the
Permittee under, this section shall include, but are not limited to, (a)
the cost of removing and disposing of any pre-existing Hazardous
Substances uncovered in the course of the activities by Permittee
actors under this Permit, related permits or activities as may be
required by law; (b) the cost of taking necessary steps to comply with
and paying penalties assessed for failure to comply with the provisions
of any federal, state or local environmental statutes, ordinances or
regulations. Futhermore, Permittee shall notify the City of Kent
Facilities Manager and any other public agency as required by law, in
the event the Permittee or its contractors obtain knowledge of any
environmental problems on the Property. For purposes of this Permit,
the term "environmental problems" shall mean any claim, complaint,
demand, action, cause of action, suit, loss, contribution action, action
by an instrumentality of a federal, state or local government, cost,
damage, fine, penalty, expense, judgment or liability of any kind which
directly or indirectly relates to noise or the existence, use, release,
threatened release, . leakage, spillage, discharge, disturbance,
dispersal, movement, uncovering, treatment, handling, storage,
transport, or disposal of Hazardous Substance(s), whether in, on, into,
onto or from soil, surfaces, improvements, air, surface water, or
ground water.
1. For the purposes of this Permit, "Hazardous Substances," shall
include:
L Any toxic substances or waste, sewage, petroleum
products, radioactive substances, heavy metals, medical,
corrosive, noxious, acidic, bacteriological or disease-
producing substances; or
ii Any dangerous waste or hazardous waste as defined in:
a. Washington Hazardous Waste Management Act as
now existing or hereafter amended (RCW Ch.
70.105); or
b. Resource Conservation and Recovery Act as now
existing or hereafter amended (42 U.S.C. Sec.
6901 et seq.) or
SPECIAL USE PERMIT - 7
Between City of Kent&King County Re: ShoWare Center
iii. Any hazardous substance as defined in:
a. Comprehensive Environmental Response,
Compensation and Liability Act as now existing or
hereafter amended (42 U.S.C. Sec. 9601 et seq. or
b. Washington Model Toxics Control Act as now
existing or hereafter amended (RCW Ch. 70.105D);
or
iv. Any other pollutants, contaminants, substances, or
materials posing a danger or threat to public health or
welfare, or to the environment, which are regulated or
controlled by any federal, state and local laws and
regulations now or hereafter amended.
2. The Permittee's obligations contained in this Section c. shall
survive any termination or expiration of this Permit and any
subsequent transfer by the City of Kent of its interest in the
Property.
d. Permit Conditioned on ShoWare Center Day Use Parking
Agreement. This Permit is issued expressly in consideration of the
agreement of Permittee to issue the City of Kent a special use permit t '°
granting the City of Kent the right to use Lot 2 of the King County k
James Street Park and Ride parking lot from 5:30 p.m. to 2:30 a.m.
on the dates identified on the Event List incorporated into that permit,
as further described in the James St. Park and Ride Permit, dated as of
March 1, 2009 between Permittee and the City of Kent. In the event,
for any reason whatsoever, the Permittee terminates the James St.
Park and Ride Permit, the City of Kent shall have the absolute right to
terminate this Permit. Notwithstanding the Termination Notice
provided in Section 1 above, the City of Kent may terminate this
Permit to coincide with the date that the Permittee terminates the
James St. Park and Ride Permit.
e. Insurance Required. Permittee is a self-insured governmental
entity. Permittee agrees to maintain commercial general liability
insurance, including personal injury and property damage, in an
amount of at least one million dollars ($1,000,000.00) per occurrence.
This requirement may be satisfied by self-insurance (to be evidenced
by a letter from Permittee).
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SPECIAL USE PERMIT - 8
Between City of Kent&King County Re: ShoWare Center `
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IN WITNESS, the parties below have executed this Permit, which will
become effective on the last date written below.
KING COUNTY: CITY OF KENT:
By: By:—
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(title)
DATE: DATE:
APPROVED AS TO FORM: APPROVED AS TO FORM:
King County Prosecutor's Office Kent Law Department
SPECIAL USE PERMIT - 9
Between City of Kent&King County Re: ShoWare Center
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Kent City Council Meeting
Date_ March 3, 2009
Category Consent Calendar - 6F
' 1. SUBJECT: CITY OF TUKWILA HOMELESSNESS COORDINATION GRANT -
ACCEPT
' 2. SUMMARY STATEMENT: Accept the City of Tukwila Grant for $5,000 to
continue coordination efforts in ending homelessness in South King County and
approve the expenditure of these funds in the Housing and Human Services
budget.
The City of Tukwila awarded the City of Kent Housing and Human Services Division
a grant for $5,000 to continue the planning and coordination efforts that address
homelessness in South King County. This grant is one contribution of many for
this project, including United Way of King County, King County Housing Authority,
and the Committee to End Homelessness in King County. This grant will allow
staff to continue this work through June 2009.
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3. EXHIBITS: City of Tukwila Grant Agreement
r4. RECOMMENDED BY: Parks and Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
r5. FISCAL IMPACT
Expenditure? X Revenue? X
Currently in the Budget? Yes No X
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
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DISCUSSION:
ACTION:
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CITY OF TUKWILA
Short Form Contract
Contractor/
Vendor Name: City of Kent
Address: 220 4t1i Ave S
Kent, WA 98032 Budget Item: 000,03.557.201.41.00
Telephone: 253-856-5070 Project Name: South King County Homeless
Coordinator (SKC Homeless
Coordinator)
Please initial all attachments, thew sign and return copies one and tivo to:
City of Tickfvila, Office of Hinnan.Services, 6200 Southcenter Boulevard, Tukwila, Waslairtgtort
98188.
Retain copy three for your records until a filly executed copy is returned to you.
AGREEMENT
This Agreement, made and entered into this 1" day of January 2009,by and between the City of Tukwila,
hereinafter called the City, and City of Kent,hereinafter called the Contractor
The City and the Contractor hereby agree as follows:
1. SCOPE OF WORK
A) SKC Homelessness Coordinator shall coordinate "teams" with focus on homelessness
outreach and service delivery. Identify gaps and solutions with current outreach and service
delivery providers.
B) Assist with development of relationships with non-profit housing and service providers as
needed.
C) Identify and promote legislative opportunities to assist the efforts of local governments to
prevent and address homelessness.
D) Coordinate workgroups to address gaps in shelter and transitional housing, day use facility and
hygiene center(s).
E) Establish workgroup to develop steps to maintain current housing stock, to expand housing
resources to prevent homelessness and create additional supportive housing.
F) Increase local involvement in developing community solutions to prevent homelessness.
City of Kent will submit a report by June 30, 2009 outlining the achievements related to the
results identified in the above scope of work.
2. TIME OF COMPLETION
The work shall be commenced January 2009, and be completed no later than June 2009.
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3. CONTRACT SUM
The City shall pay the Contractor for the performance of the work the sum of five thousand dollars
($5,000).
4. PAYMENTS
The City shall make payment on account of the contract at completion of project.
5. ACCEPTANCE AND FINAL PAYMENT
Final payment shall be due 10 days after completion of the work, provided the contract is fully
performed and accepted.
6. GENERAL CONDITIONS
The City and the Contractor agree upon the following general conditions which shall govern;
A Contract Documents
nts
e
The contract includes this Agreement, Scope of Work and Payment Exhibit.
The intent of these documents is to include all labor, materials, appliances and services of
every kind necessary for the proper execution of work, and the terms and conditions of
payment therefore.
The documents are to be considered as one, and whatever is called for by any one of the
documents shall be as binding as if called for by all.
B. Indemnification
The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and
employees, from and against any and all claims, losses or liability, including attorley's fees,
arising from injury or death to persons or damage to property occasioned by an act, omission or
failure of the Contractor, its officers, agents and employees, in performing the work required by I
this Agreement. With respect to the performance of this Agreement and as to claims against the
City, its officers, agents and employees, the Contractor expressly waives its immunity under
Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its
employees and agrees that the obligation to indemnify, defend and hold harmless provided for
in this paragraph extends to any claim brought by or on behalf of any employee of the
contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to
any damage resulting from the sole negligence of the City, its agents and employees. To the
extent any of the damages referenced by this paragraph were caused by or resulted from the
concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend
and hold harmless is valid and enforceable only to the extent of the negligence of the
Contractor, its officers, agents, and employees.
C. Discrimination Prohibited
The Contractor shall comply with all Equal Employment Opportunity regulations and shall not
discriminate against any employee, applicant for employment, or any person seeking the
services of the Contractor on the basis of race, color, religion, creed, sex, age, national origin,
marital status or the presence of any sensory,mental or physical handicap. i
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IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first
above written.
CITY OF TUKWILA
By: By:
Signature Signature
Printed Name: Printed Name: Jeff Watling
Title: Title: Parks Director
Date: Date:
ATTEST/AUTHENTICATED:
City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
BY:
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' Kent CityCouncil Meeting
9
Date March 3, 2009
Category Consent Calendar - 6G
1. SUBJECT: 2008 CONSOLIDATED ANNUAL PERFORMANCE EVALUATION
REPORT (CAPER) - AUTHORIZE
' 2. SUMMARY STATEMENT: Authorize the Mayor to submit the 2008
Consolidated Annual Performance and Evaluation Report to the Department of
' Housing and Urban Development.
The 2008 Consolidated Annual Performance and Evaluation Report (CAPER) for the
City of Kent, Washington is a report to the U.S. Department of Housing and
Urban Development (HUD) on the City's activities and accomplishments using
Community Development Block Grant (CDBG) and other funds. The report is
required by HUD annually and must be submitted by March 31st, of each year.
The report includes information on how CDBG funds were used to further the goals
and strategies of the Consolidated Plan, as well as other activities executed by the
City.
3. EXHIBITS: 2008 Consolidated Annual Performance and Evaluation Report
(CAPER)
4. RECOMMENDED BY: Parks and Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes N/A No N/A
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
' ACTION:
1
CONSOLIDATED
ANNUAL
PERFORMANCE
AND
EVALUATION
REPORT
2008
...........
City of Kent
t
Submitted to:
I
US DEPARTMENT OF HOUSING & URBAN DEVELOPMENT
Office of Community Planning and Development j
Seattle Federal Office Building
909 First Avenue, Suite 300
Seattle, WA 98104-1000
Prepared by:
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CITY OF KENT
Parks, Recreation & Community Services Department
Housing and Human Services Division
220 Fourth Avenue South
Kent, WA 98032
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CITY OF KENT 2008 CAPER •2-
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e'vµ Y�
ENT
WA$HINOTON
CITY OF KENT
Suzette Cooke, Mayor.,',
John Hodgson, Chief Administrative Officer
Jeff Watling, Parks, Recreation & Com' munity Services Director
Katherin Johnson, Housing & Human Services Manager
CITY C .UNCIL
Debbie Raplee, Council President
Elizabeth Albertson`
Tim Clark =
Jamie Danielson
;Ron Harmon
Deborah"Ran.niger .
Les Thomas,:..
HUMAN SERVICES COMMISSION
Tamara Sleerriian, Chair
Jon Botton, Chair Elect
Jamie Denielso`n, City Council Member
Roda Borket
Dini 'Duclos
Brett Hollis
David Ott
Wilbur Vincent
LEAD STAFF
Dinah R. Wilson, CDBG Coordinator
CITY OF KENT 2008 CAPER •3-
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TABLE OF CONTENTS
I.EXECUTIVE SUMMARY.....................................................................................................................................7
GOALS AND STRATEGIES........................................................ 7
FUNDINGDECISIONS.................................................. ...................................................10
2008 CDBG PROJECTS............................. .................... ..........................................11
II.GENERAL NARRATIVE............................... ................................................. .............................13
A. ASSESSMENT OF STRATEGIES AND OBJECTIVES ....,.,; ........... .........................13
Decent Housing Strategies ................ ............................ t..................13
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Suitable Living Environment Strategies .>................. ,.,..........................................................20
Economic Opportunities Strategies.;, .:: ............................ 20
B. AFFIRMATIVEL�'Y FURTHER FAIR HOUSING;.WHAT ACTIVITIES WERE TAKEN........22
C. EVALUATION OF AFFORDABLE HOUSING OBJECTIVES .....................................................22
D. CONTINUUM OF CARE ..........................................................................27
E "LEVERAGINGRESOUIZCES:,..................... ..................................................................................28
F. CITIZEN COMMENTS,.... ... „ ... ..................................................................................................28
G. LEAD-BASED PAINT COMPLIANCE.................................................................................................29
H. SUB-RECIPIENT MONITORING AND TRAINING........................................................................29
I. HUD MONITORING 0F'CITY OF KENT CDBG PROGRAM..............................................29
J. SELF-EVALUATION................................................................................................................................30
III: CDBG PROGRAM NARRATIVE...............................................................................................................31
A. 2008 CDBG PROJECTS...........................................................................................................................31
B. RELATIONSHIP ASSESSMENT: CONSOLIDATED PLAN PRIORITIES, NATIONAL
OBJECTIVE AND ONE YEAR ACTION PLAN...........................................................................................33
C. PROGRAM OBJECTIVE CHANGES.....................................................................................................34
CITY OF KENT 2008 CAPER •5-
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D. EFFORTS ASSESSMENT: ONE YEAR ACTION PLAN
E. EXPLANATION REGARDING ACTIVITIES INVOLVING ACQUISITION,
REHABILITATION, OR DEMOLITION OF OCCUPIED REAL PROPERTY AND HOW
RELOCATION WAS ACCOMPLISHED........................................... .......................37
F. ECONOMIC DEVELOPMENT ACTIVITIES WHERE JOBS WERE NOT TAKEN BY
LOW/MODERATE-INCOME PERSONS.....................................................................................................37
G. REPORT REGARDING LOAN REPAYMENTS............................................................................37
CONCLUSION............................................................................ 37
.................................................
ATTACHMENT A
Errror! Bookmark not defined.
INFORMATION FROM HUD'S INTEGRATED DISBURSMENT'AND INFORMATION
SYSTEM (IDIS) FOR PROGRAM YEAR 2008 ,, :...........Ei ror!-Bookmark not defined.
ATTACHMENT B................................................ ...................Error! Bookmark not defined.
COMMUNITY DEVELOPMENT BLOCK GRANT;(CpBG)AND HUMAN SERVICES GENERAL
00 FUND ALLOCATIONS FOR PROGRAM YEAR 28 ;.... . ,,..Error! Bookmai k not defined.
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Public Notice........................ .......:: ..,..,..Error! Bookmark not defined.
E`
Council Minutes................................. .. Error! Bookmark not defined. '
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CITY OF KENT 2008 CAPER -6-
I. EXECUTIVE SUMMARY
As a prerequisite for receiving Community Development Block Grant (CDBG)
funding, the City of Kent (hereinafter referred to as the City) developed a
Five-Year Consolidated Plan for the period of 2008 - 2012. Each year the
City executes specific actions to implement the Strategies and Objectives of
the Consolidated Plan; actions are outlined in the AAnr`ual Action Plan. The
purpose of this report, which is called the Consolidated Annual Performance
and Evaluation Report (CAPER), is to inform the U:5;.Department of Housing
and Urban Development (HUD) and the cpmrfidnity'of the activities and
accomplishments derived from the invest ti ;ent of CDBG�and other resources
for the 2008 program year, which covers the period Janua,y, 2008 to
December 31, 2008.
In 2008, HUD allocated $777 146'in CDBG fundsJo the City. (An additional
$773,661 in funds allocated from 'the C ty's GeneraL,Fund budget was used in
conjunction with CDBG funds to provide for ,a wide range of human services
and affordable housing needs.) The-,City successfully e*ecuted the activities
outlined in the 2008 Aetion..Plan by inyesting its CDBG fonds in the following
activities: publicaervices, rehabilitationcro-enterprise assistance, and
human services plapning and; administration. Because the City is cognizant
that collaboration ailows for visionary plarining and comprehensive
develapmeni~ pf services th-at`respond,to the needs of City residents and the
regional"'community, staff worked closelyy.wth regional municipalities, King
County, state government;United Wayof King County, and other non-profit
organizations to build a strong community safety net.
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GOALS AND STRATEGIES
The City Strategies and Objectives of the Consolidated Plan are as follows:
DECENT HOUSING STRATEGIES
Objective 1: Enhance availability of decent housing for
low/moderate-income residents.
Strategies
CITY OF KENT 2008 CAPER -7-
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a) Work with public, private and non-private partners to increase
funding and leverage resources to increase access to affordable
housing.
b) Invest in programs that help to maintain the existing stock of
affordable housing.
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c) Invest in programs that support the ability of homeowners to stay
in their own homes.
d) Encourage local incentives for developers to create affordable
housing.
Objective 2: Invest in services and facilities ghat prevent
homelessness and ensure that service enriched services are provided
when homelessness occurs.
o Strategies
a) Actively support regional and sub-kregional„efforts to'provide a
coordinated continuum of housing 'and setvices for the`hgmeless
that meet the needs of Kent and South(King county residents.
b) Support a variety of`approp 11 riate options fqr individuals with special
needs.
c) Suppartvefforts to move `people from shelters and transitional
housing to permanent housir�g;v�rhen apprgpriate.
d) Support human services programs that address the needs of
homeless persons
SUITABLE LIVING gNVIR:ONMENT STRATEGIES
Objectwe 1: Enhance,A S6iliable Living Environment
o Strategies
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a) Increase inclusion of immigrants and refugees and people of color
in the 114fe'of Elie..Kent community by supporting efforts to leverage
resources and 'increase access to services for immigrants and
refugees.
b) Invest funds in programs that are located in neighborhoods with a
large number of low-income residents.
c) Support collaboration between'human services agencies to achieve
efficiency, co-location of services, and reduction in human services
costs.
d) Support programs that enhance or increase culturally appropriate
and culturally specific services.
CITY OF KENT 2008 CAPER •8- y
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Objective 2: Create a community that supports healthy individuals
and families.
Strategies
a) Support programs that encourage healthy lifestyle behaviors,
including helping children maintain healthy body weight.
b) Increase accessibility to recreational opportunities by encouraging
the location of programs in neighborhoods and neighborhood
centers.
c) Enhance access to low-cost medical services for low/moderate-
income individuals.
ECONOMIC OPPORTUNITIES STRATEGIES
Objective I: Increase employment opportunities fo'r I'ow/moderate-
income persons and the long-term unemployed.
Strategies
a) Encourage and prdMCite-omploymeh't opportunities for all residents,
including youth.
b) Support programs that remove or decrease barriers to education
and er�piny.rnent for low-income �, 'd yiduals
c) Support��training ar,d counselin;g''programs=that teach people how to
start and ,expand,small busin"eases such as micro-enterprises that
employ five qr. less employees;;'one of whom owns the business.
d) Support'job readiness and job regaining programs.
e) Encourage services that support employees in maintaining or
advancing the r;,employm,ent opportunities including, but not limited
to *1._,transportation and childcare.
Objective 2: Promote li-6ancial well-being.
Strategies
a) Fund programs that educate residents on how to manage money
and establish good credit.
b) Support programs that teach residents how to avoid the pitfalls of
predatory lending practices.
c) Support the financial literacy education to promote and sustain
homeownership.
CITY OF KENT 2008 CAPER •9-
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FUNDING DECISIONS
The City's nine-member Human Services Commission, a citizen's advisory l
body to the City Council, reviews the human service issues of the Kent
community on an ongoing basis and recommends funding allocations
based on the current needs. In 2008, the City funded four (4) capital
projects and six (6) public services projects. The reminder of the City
CDBG allocation was applied to Planning and Administration (P & A)
activities. Examples of P & A activities include staff support to the
Systems Navigation and Access Project and education and outreach to
affirmatively further fair housing.
The following is a list of 2008 funded pro�e.`cfs:
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CITY OF KENT 2008 CAPER -10-
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2008 CDBG PROJECTS
PROJECT NAME ACTIVITY CDBG
ALLOCATION
City of Kent: Home Rehabilitation: Funds used to rehabilitate housing $400,000
Repair Program that is owned and occupied by low/moderate-
Income families residing in the City of Kent.
City of Kent: Fall Rehabilitation: Funds used to J'ristall handicap $10,000
Prevention Program' accessibility items in low/mod e-income Kent
households.
City of Kent: Planning & P &A: Funds used to adMillister the City of Kent $155,429
Administration CDBG projects and ehg6ge in planning activities.
.:," I Green River Community Micro-enterprise. .Fdh s used to help: $15,000
College: Micro- low/moderate income persons cieveloo,or expand
enterprise a micro-enterprise business by
providing
Development' business counsefing."or technic'al assistance.`. �.,
HealthPoint: Healthcare Public Services: Fu64 'us6dt6'prov1de primary' $ 10,000
for the HomelesS3 care'-,;ah`d nursing servi,c.es-t,o r homeless adults and
child ren Wlld.-,-reside in transitional shelters-
services,also available at the Kent Community
Health Center.
HealthPoint: Medical-. Servic'0s: Funds to provide medical $24,664
Services services to Kent paitlents.,
Hospitality House;',-,,:, Public Servlc6is:_�,_,'rundlq used to'fprovide shelter $ 10,000
Women's Shelter and.case manaoment services to homeless
wo m,en,who for me rily resided in Kent.
Uth,'&'fami y Kent .Yo I :'04'bllc Falcilftles & improvements:rovements: Funds used to $55,145
-on"�M a n o r an( replacp`i roof on Watson Manor, a
Services'." Wats e
Roof jR'Oplacement transitional housing facility for homeless
;adolescent
dol" '.6ent mothers and their children.
Multi-SOVice Center: public Services: Funds used to provide housing $ 37,579
Housing 's t6bility stability I grants which are used to prevent
eviction and/or assist low-income individuals with
,rnove-in costs.
Sound Mental Health-_,1. !)Pdblic Services: Funds used to provide outreach $ 15,665
.and case management to homeless individuals in
the City of Kent.
Washington CASH: Kent Micro-enterprise: Funds used to provide business $ 25,000
Micro-enterprise training and business development services to
Initiative low/moderate-income women, people with
I This was the first year of a two-year(2008-2009)funding cycle for this project.
2 Agency decided not to accept funding;money will be recaptured.
3 Formerly known as Community Health Centers of King County.
CITY OF KENT 2008 CAPER _11-
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disabilities and other under-served individuals.
YWCA: Transitional Public Services: Funds used to provide $18,664
Housing transitional shelter and case management
services to domestic violence survivors.
TOTAL: $777,146
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CITY OF KENT 2008 CAPER •12-
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II. GENERAL NARRATIVE
A. ASSESSMENT OF OBJECTIVES AND STRATEGIES
----............._......
DECENT HOUSING STRATEGIES
Objective 1: Enhance availability of dece t housing for
low/moderate-income residents.
The following initiatives were instrurnerital in helping the City ,execute
strategies to obtain Objective 1: `
♦ Strategies
a) Work with public, private and non-private partners to increase
funding and leverage resources to increes- access to affordable
housing.
• Participated in,, he King County.Housing. Funders Group. This
group met to discuss new projects orfunding sources that were
availablQ for homeless services within King County.
• 'Participated in.the South King;County Human Services Planners
"Group, This gr..oup co'llabo'raied together to ensure that funding
was available fo'r,,vital human services programs.
b) Invest in programs that`help to maintain the existing stock of
affordable housing.
• Allocated $400,000 in CDBG funds to the Home Repair Program
to support th'e existing level of homeownership in Kent.
• Conducted' a performance audit and client satisfaction survey to
evaluate the effectiveness of the Home Repair Program.
• Worked regionally to improve home repair policies by
participating on regional policy committees.
c) Invest in programs that support the ability of homeowners to stay
in their own homes.
• Allocated $10,000 to the City of Kent Fall Prevention Program to
install handicap accessibility items in the homes of
CITY OF KENT 2008 CAPER .13-
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low/moderate-income homeowners.
• Continued to actively enforce code provisions requiring mobile
home park owners to submit a relocation report and plan to the
Human Services Division prior to issuing eviction notices to
tenants who must relocate due to closure, change of use, or a
zoning re-designation. I
• Allocated $37,579 in CDBG funds to the Multi-Service Center to
provide housing stability grants to low-income families to
support move-in costs and to prevent,eviction.
• Continued to implement recommendations from the Analysis of
Impediments to Fair Housing Cli"nice resort.
d) Encourage local incentives :for developers i o;,,create affordable
housing.
• City Council adopted a Cottago '-,"�Housing Demonstration
Ordinance to allow up to two cottage housing con-il7nunities in
Kent. Cottage housing refers boo a style consisting of small,
detached single family," homes (less =.than 1,500 square feet)
clustered around a�rcom,m on,,. open` space, with garages and
parking lo m cated away fro the homes.
Objective 2: Invest in services and fael'Iities that prevent
homelessness",a;nd, ensure`'that service-enriched services are provided
when homelessness,occ`urs..,. `
The following fictions were implemented to.,help the City execute Objective 2:
Strategies
a) .Actively support.,regiono=and sub-regional efforts to provide a
coordinated continuum of housing and services for the homeless
that meet the neods of Kent and South King county residents.
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• Continued ,providing staff support to efforts such as Safe
Harbors,-(a homeless management information system) and the
Committee to End Homelessness. I
• Continued staff participation in the Regional Affordable Housing
Program application review process.
• Participated in grant review committees that made I
recommendations for funding to affordable housing and other
programs that prevent homelessness.
• Staff facilitated the South King County Forum on Homelessness
(SKCFH). The SKCFH is an organization supported by SKC
CITY OF KENT 2008 CAPER -14-
service providers which promotes networking and the
coordination of activities to end homelessness.
• Staff participated on the United Way of King County Domestic
Violence/Sexual Assault Impact Council grant review team. The
Impact Council makes funding recommendations to United Way
for programs that provide domestic violence/sexual assault
services throughout King County.
• Staff participated on the Kent Domestic Violence Task Force.
b) Support a variety of appropriate options for`=individuals with special
needs.
• Allocated $15,665 in CDBG funds' to Sound Mental Health to
provide outreach and case managemenfi':services to homeless
individuals.
• Allocated $33,000 in General Funds to DAWN;, to support a
shelter and crisis line for domestic violence survivors;
• Allocated $18,6"64 in CDBG funds to Y1NCA to provide:
transitional and :case:management services to homeless
domestic violence,survivors,and their.children.
c) Support,efforts to move people frorn;shelters:and transitional
housin ' ,'t permanent he'usi.ng when'appropriate.
• South,King County (SKC) service providers, representatives of
local' g"overnm`,e I h t, and fund6rs continued to implement the
:South klni , County.Plan to :End Homelessness: A Call for Action.
The SKC Pla" Jncludds,strategies designed to address the unique
issues creating homelessness in SKC and is guided by the King
County Plan to'End;.Homelessness, which supports efforts to
move people from shelters and transitional housing to
'permanen housing when appropriate.
• Parti.cipated in' grant review committees that recommended
funding to,,housing programs that move people from shelters
and transitional housing to permanent housing when
appropriate.
d) Support human services programs that address the needs of
homeless persons.
• Allocated $10,000 in CDBG funds to Hospitality House to
support a shelter for homeless women and link them to securing
permanent or transitional housing.
• Allocated $10,000 in CDBG funds to HealthPoint, Healthcare for
the Homeless Project, to provide primary care and nursing
CITY OF KENT 2008 CAPER -15-
services to homeless families and individuals living in
transitional housing.
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SUITABLE LIVING ENVIRONMENT STRATEGIES
Objective 1: Enhance A Suitable Living Environment
The following actions were taken under strategies that the City used to
achieve Objective 1:
o Strategies
a) Increase inclusion of immigrants andrefugees and people of color
in the life of the Kent community by`supporting efforts to leverage
resources and increase access,•to°services for immigrants and
refugees.
• Collaborated with South King County stakeholders,jo launch the
South King County Cultural Navigi o,r Project:' This project
connects immigrants/refugees,',to £'linguistically and`,culturally
appropriate information and serv,lces.
• Continued to provide technical assistance and community
linkages to non profits thatprovide` 4ssistance to immigrants
and refugees who reside in Kent
• Ken,t;Housing & Human Services staff. met with the Kent School
Distrlct,, (KSD) about providing orientation training to parents,
especially,,. imrn16r-ants/refu9ees who may be less familiar with
D. Su 'sequently,.KSD opened a Refugee Transition Center at
the Phoenix Academy' on the Kent East Hill. The RTC provides a
onestop location for refuge families as they enter the KSD. It
4 also prov,tdes othLor services and support, including testing for
ELL services.
• : :Continued t6`dxpand asset building, cultural enhancement,
educational sdpport and community connection activities by
supporting People of Color in Philanthropy, a countywide
organization that promotes racial equity and social justice for
commuhities of color through philanthropy.
b) Invest funds in programs that are located in neighborhoods with a
large number of low-income residents.
• Hired a Weed and Seed Coordinator. The Weed and Seed
Program focuses on the Kent East Hill area of the City, which
has a significant number of low-income residents.
CITY OF KENT 2008 CAPER -17-
c) Support collaboration between human services agencies to achieve
efficiency, co-location of services, and reduction in human services
costs.
i
• Continued staff support to the Alliance Center, the one-stop
facility for human services programs that is located in Kent.
• Convened a providers meeting to facilitate the co-location of
services between an agency with a long-term presence in Kent
and a regional agency that needed office space in Kent.
d) Support programs that enhance or increase°culturally appropriate
and culturally specific services. j
I
• Continued to work on implementing recommendations from the
Somali Community Engagemen',?roject, e:.g., Kent Housing &
Human Services staff created a providers' group list serve which
is used to disseminate information about proglams and services
that impact immigrants%refugees.
I
• Provided staff support to the South County Equity and;Social
Justice Work G>qup ;Community' n9agement Component. The
Group facilitates dialo.gue.,and collaboration which promotes
equity in the distribution a- the access to resources.
Objective 2: Create-acommunity,that supports Healthy individuals
and families.,
The following actions were taken under strategies that the City used to
achieve Objective 2 t
1 Strategies
Support programs that encourage healthy lifestyle behaviors,
including hefp`ibg children maintain healthy body weight.
• ' :;gl,located General Funds in the amount of $52,000 to Kent Food
Bank to provide emergency food bags and emergency
assistance to needy individuals and families residing in Kent.
b) Increase accessibility to recreational opportunities by encouraging
the location of programs in neighborhoods and neighborhood
centers.
• Opened the Kent Parks Community Center, located at the j
Phoenix Academy on the East Hill of Kent.
c) Enhance access to low-cost medical services for low/moderate-
income individuals.
• Allocated $24,664 in CDBG funds to HealthPoint to provide
primary medical services to low/moderate-income individuals.
CITY OF KENT 2008 CAPER •18-
i
• Staff distributed Lead-Based Paint informational materials to
residents served by the Home Repair Program and used the
Lead-Safe Housing Rule Checklist for General Compliance
Documentation as a guide to ensure compliance with lead-based
paint rules.
• Home Repair Program staff distributed English and Spanish
versions of the Healthy Home Informational booklets to Kent
households. The booklet provides tips on how to create and
maintain a healthy and safe home.
• Allocated $10,000 in funds to the City ot.'Xent Fire Department
to support costs for the installation o1,`landicap accessibility
items in the homes of low/moderate iopome Kent residents.
(Because this grant is for a tw,o ear period, the work will
continue in 2009.) The installation of handicap accessibility
items allowed seniors and disabled residents to,,stay in their
homes and remain self'"i.cient.
Comments from„residents about;.the.program included.,the
following:
"It gives me more confidence when I�_m in the shower."
"The visit was very quick and professionai.\..,It's good
to khow there are people out thore to take care of us."
CITY OF KENT 2008
CAPER -19-
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ECONOMIC OPPORTUNITIES STRATEGIES
-------....... .......
Objective 1: Increase employment opportunities for low/moderate-
income persons and the long-term unemployed.
The following actions were taken under strategies that the City used to
achieve Objective 1:
+ Strategies
a) Encourage and promote employme, (ito,ppprtunities for all residents,
including youth.
• Low/moderate-income Kent residents continued,,to enjoy equal
access to jobs created through the developme6t,:0f the Kent
Station project.
• Low/moderate-income Kent re' bts"received equal"'access to
jobs created througha".develop*m, t of the ShoWare Events
, I
Center.
• Continued,to partnef"Mith Evergreen co, unity Development
C.prp.or'atlon.f:,�'a,non-profit.cer I Jed y:the Small Business
Administration-to mal<6'%504j6ans, by writing support letters for
existing
and new business,6' seeking loans to purchase their
own 0 i estate:'
;-.'I When lo6 I.,-businesses own their own property,
�
th's lead's to biJs fness- stability,_-
b) Support programs"that remo"ve,,or decrease barriers to education
and employment for,-low-income individuals.
10 .-.,,,pegan research and discussions about convening a
tra,cles/techhology career day.
• All Q;a Ited $25" 000 in CDBG funds to Washington CASH to
07 F_;,
provide':'b'u-' siniess training and loan fund services for low-income
women,,people with disabilities and other under-served
individuals to develop new micro-enterprise businesses.
• Through the City of Kent Mayor's Office, provided $12,000 in
general funds to Green River Community College Small Business
Assistance Center to provide one-on-one counseling and small
business classes to Kent residents.
c) Support job readiness and job retraining programs.
CITY OF KENT 2008 CAPER -20-
• Allocated $35,000 in General Funds to Washington Women's
Employment and Education (WWEE) to provide computer
training and a job readiness class to low-income Kent residents.
d) Encourage services that support employees in maintaining or
advancing their employment opportunities including, but not limited
to, transportation and childcare.
• Allocated $13,000 in General Funds to provide childcare
vouchers to low/moderate-income families who work or pursue
education to enhance their job opportunities.
Objective 2: Promote financial well-being
The following actions were taken under strategies that;the City used to
r
achieve Objective 2:
Strategies
a) Fund programs that educate residents on`how to manage money
and establish good credit.
• Supported a financial literacy fair sponsored by the Riverview
Community Church.
b) Support°;programs that ire`ach residerits,how to avoid the pitfalls of
predatory lendin'g,.practic'e's
• Supported a financial literacy fair sponsored by the Riverview
Community Church, which"provided resources on how to avoid
the ,pitfalls of`predatory.lending practices.
c) Support fl,.- ial litoracy education to promote and sustain
homeownership.
• Distributed fair housing materials at community events and
during training provided to landlords.
CITY OF KENT 2008 CAPER •21
1
B. AFFIRMATIVELY FURTHER FAIR HOUSING: WHAT ACTIVITIES
WERE TAKEN
The City continues to monitor compliance with the Fair Housing Act
and to respond appropriately to alleged violations; complaints are
referred to the Washington State Human Rights Commission for
resolution.
In 2004, the City hired a consultant to complete its first Analysis of
Impediments to Fair Housing Choice (AI) as a direct entitlement City.
The Fair Housing Consultant identified three;irr pediments and made
two recommendations which fall under tho (Ct 's authority. The two
recommendations were: ,
• Expand current education and outreach efforts; and
• Target homeownership and lending marketing,to African American
and Hispanic households.
The following actions were taken tojmplement the Fain Housing
Consultant's recommendations and to.affirt7atively further fair
housing:
• The City provided access to a Fair Hous�n. , pamphlet entitled Fair
Housing - Its Your Right via its website
• Staff distributed fair housing informational materials at City- f
sponsored'crime- prevention,training and resource fairs. f
• Staff 3;et with a Community Land Trust p'ro'gram to discuss the
potential for increasing the stock of affordable housing by investing
in the prog'am Ina Community Land Trust, the homeowner owns
title to the bu l`dlnd" whMl th.e Community Land Trust holds title to
the land- ; The land is leased .to the homeowner, and if the
homeowner,'sells th'e,home, it is resold to another family at an
affordable price.
C. EVALUATION OF AFFORDABLE HOUSING OBJECTIVES
As noted in"the '008 - 2012 City of Kent Consolidated Plan, the City of
Kent's comprehensive plan is consistent with the Countywide Planning
Policies that include guidelines to support housing affordability.
The Countywide Planning Policies require that all jurisdictions "provide
for a diversity of housing types to meet a variety of needs and provide
for housing opportunities for all economic segments of the population."
The policies further call on all jurisdictions to participate in an
equitable distribution of low-income and affordable housing throughout
the County.
CITY OF KENT 2008 CAPER •22-
1
The City adopted a range of strategies to encourage affordable housing
and to remove barriers to affordable housing development. This
report highlights the following strategies:
• Maintaining the existing stock of affordable housing;
• Increasing housing stabilization for those who are at risk of
becoming homeless; and
• New funds for affordable housing
Maintaining Existing Stock of Affordable Housing
Home Repair Program
The City of Kent has an existing stock o"1 smaller, older, and more
affordable homes. Most are located::,adj'acent'to"the downtown core.
The City preserved this housing through the Home''Repair Program and
other investments. In addition-td "preserving housing, the City's
investment averted the expenditure of new developmeh t costs on the
same location.
Fall Prevention Program
The City of Kent had a significant number of senior and disabled
residents who were at risk o losing the independence of remaining in
their homes'.,,',,,,,without the installation of falF:prevention devices such as
grab bars,.�rsfer benches,''Olevated 'toilet seats, bed handles, etc.
To address`'this, the,City made jtsfirst two-year investment of $10,000
in the Fall`PreuentionTrogram 1n-,:2906. This investment was renewed
from,2Q08-20Q9;;, The _Program has�been hugely successful, helping
residents tp feel°safer and more.self-sufficient.
A client who benefitted';from the program commented:
"It g,yes me moreconfidence when I am in the shower."
e
,t
CITY OF KENT 2008 CAPER -23-
I
1
Units Preserved Through City of Kent Home Repair Program and City
of Kent Fire Department Fall Prevention: Rehabilitation Assistance
1
i
wyCet� Ht�n�e RepaN Gay df Kn Fite
rogr,arn Dy p'ar rili nt� a�
-fit r �AE�d_n
#evEr #ous # aids AsSisted:
- = _
Outcome/Objective: Outcome/Objective: 1
Enhanced accessibility to entranced accessibility t®
decent housing by by installing
providing rehabilitation handocap.:accessibility items
assistance and health and in 38 low1moderate-income
safety repairs to 75 Kent households.
lowlmoderate-income Kent Y
households.
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CITY OF KENT 2008 CAPER •24-
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TABLE 3B: ANNUAL HOUSING COMPLETION GOALS
(--� Resources used during 2008
�-/(may.
BAN N�I�A.L AF1=0 RVAULE..
Y`
HOUs�I�G COALS ( Ee {215 Homeless Households2;' �7 i' X.: ? ❑ a ❑
v
Neon f��txteless househ4ids a -4 a t ❑ {
Special Needs Households n ! ❑ ❑
�1N:UAI. �II�FORDABL� RENTAL l
SING G()AL5 (81E~C 25
z t i _--�---
Acquisition of existing units
Production of.rt�w unity rm _ d ;
Rehabilitation of existing units ❑ o ' ❑ - ..
} !
Total Sec. 215 Affordable f' � � " '���3� ❑ �.�� ❑
Rental
AL,A0� 6-1,b _01 1N R
HOU�Tf�1G GOALS(SEC 2X r) �• - 3 �= . _ � _, _ .�._
Acquisition of exist!no..uriits ❑ { ❑
x
p�odaicto�n ® nE�w'units ry z r
Rehabilitation of existing units 66 75 = X
#c►rriebuyer 6$ssist ttce m i ❑ r ❑
Total Sec. 215 Affordable - o ❑ a _o
-,
®caner x
( :Hl�`,N+gN�gri1/��L/A1�(�ORDAfBI.�
®4�$p�R7
Acquisition of e �sting units p ❑ ❑
f
l
-
Productaon of,�ew t.9n�ts -,k � , n i . ❑ �- fr ```"�- � ❑ ,
.Rehabilitation of existing units ❑ ❑
q
���
Total Sec. 215 Affordable � .� �� � � a . , ❑ I i� ❑
,
Annual R
ental Housing Goal
E t
Arw�ltJal Q�uvner �lauSfrlg Goai � ' q 3 0 „' ',a ❑ ,?
Total Annual Housing Goal 78 92 X ❑ a ❑
CITY OF KENT 2008 CAPER -25-
1
�I
Increasing Housing Stabilization for Those Who are Homeless
or at Risk of Becoming Homeless
I
Multi-Service Center Housing Stability Program
The City of Kent has an increasing number of residents who experience
financial emergencies that place them at risk for eviction or who lack
the funds to pay for move-in costs. Through the Housing Stability
Program, residents secure the funds to remain in housing or to pay a
security deposit and other costs to lease a home.
E
Housing Stability Provided to Tndivd ual Who Were Homeless
or at Risk of Becoming Homeless,s
r;
Persons Projected to Assist: I Persons Actually_Assisted: 30 V`
1008;Outcome/Ob�ect��e =
Multi-Service Center Housing Addressed the need to sustain
Stability Program a suitable living environment
t �a`nd preVent homelessness by
providing housing stability
grants to 30 low/moderate-
income individuals.
New Funds for Affordable Housing - 2008
>> 9
Housing Trust Fund `
The Washington Stete Legislature increased funding to Housing Trust
Fund to $2QOM.
k vf {
Transitional Housing, Operatinq, and Rent (THOR)
Washington State Legislature increased funding for THOR to $2.5M.
9 9
Smart Homeownership Choices SHB 6711
I
Washington State Legislature passed a bill to provide $250,000 to
assist low/moderate-income households who are facing foreclosure.
CITY OF KENT 2008 CAPER -26-
I
Affordable Housing and Community Facilities Rapid Response Loan
Program (SB 6712)
Provides assistance to help organizations purchase land or realty for
affordable housing and community facilities preservation or
development in neighborhoods that are quickly gentrifying or
communities that have a significant low-income population that is
threatened with displacement due to gentrification.
D. CONTINUUM O.F CAkE
The City of Kent participates regionally with the Seattle/King County
Continuum of Care for the application- and distribution of HUD funds for
homeless programs through McKin`n'ey funds, Eme'rg ency Shelter Grant
(ESG) and HOME funds. In addition to regional participation, the City
takes action on its own to support_a continuuM of services for
homeless individuals.
In 2008, the City supported a,number of programs that provided
assistance to homeless persons a''nc�,persons requiring supportive
housing. Support for these programs,came from a combination of City
General Fund,and .CDBG resources included were:
Q Cathollc?Commuolty Services/Sound Mental Health: Housing for
Men - e . prgency shelter for�h`omeless men
Cvt City of Kent H;pusiri'g &`Human services Division - resource &
referral services q c/uding bus tickets, and client advocacy/referrals
`C�1 HeaithPoint.: Hddl,thGare forth" Homeless - nursing services to
homeless mdividu8ls residing in transitional and domestic violence
shelters located in the.Kent area
Q Consejo - services to Latino victims of domestic violence and their
children living 16',;Kent, including community and legal advocacy,
emergency assistance, women's support groups, and access to
housing' ,
• DAWN Domestic Violence Shelter Program - confidential emergency
shelter for victims of domestic violence and their children
• Hospitality House - emergency shelter for homeless, single women
• Home Repair Program - grants for health and safety-related repairs
for low/moderate-income homeowners
Q Kent Food Bank - emergency financial assistance and food bags
• Kent Youth and Family Services Watson Manor - transitional
housing for parenting teens
• King County Sexual Assault & Resource Center - services provided
to sexual assault survivors
CITY OF KENT 2008 CAPER .27.
I
Q Multi-service Center Emergency Assistance - emergency assistance j
to low-income Kent individuals and families
• Multi-service Center Emergency Vouchers Program - overnight
emergency shelter for homeless persons who come into contact
with Police, Fire and the Human Services Division after-hours and
during severe weather
• Multi-service Center Housing - emergency and transitional housing
for women and families
• Multi-service Center Housing Stability - grants to prevent eviction
or to assist with move-in costs
• Sound Mental Health - case managemen_.t and outreach services for
homeless individuals
Cf✓ Valley Cities Counseling & Consultation MH/CD outreach and case
management to Kent area homeless men` -,.,
• YWCA - transitional shelter and',Case management services for
domestic violence survivors
The City also provided services to persons with disabilities at the Kent
Resource Center and escorted transportation services for seniors living
independently in the community.
E. LEMA6INN'G,RESOUI2.CES
In 2008, CDBG funds were used in conjunction with $773,661 in local
funds to address human services needs. Community agencies report
that for every $1 provided by the City of Kent, another $7 is
leveraged. Community agencies receive the balance of their funding
from other federal agencies, the State of Washington, King County,
;local municipalities, United Way and other charitable giving campaigns,
`foundations, private donations and fundraising. Funding reductions at
` 'federal, state, and local levels continue to seriously impact the stability
of the human services system.
y
CITIZEN COMMENTS
Citizens received a 30-day period to review and comment on the
CAPER. A Public'Notice was published in the Kent Reporter on
Saturday, February 14, 2009.
In addition, citizens were invited to provide comments at a public
hearing held at the Housing and Human Services Division on February
19, 2009. Over two-weeks advanced notice was provided. No
comments were received.
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CITY OF KENT 2008 CAPER -28-
Notices were provided to People of Color and organizations working
with or who have contacts with ethnic/racial minorities, non-English
speaking persons, and people with disabilities.
G. LEAD-BASED PAINT COMPLIANCE
The following actions were taken by the City to evaluate and reduce
the number of housing units containing lead-based paint hazards:
• The City provided Lead Based Paint informational materials to all
homeowners served by the Home Rep'bV'. rogram; staff was
available to answer questions.
• Home Repair staff used the Lead SUM Housing Rule Checklist for
General Compliance Documentation as a guide.`to verify compliance
with lead-based paint rules, aLead-Safe Housing Rule Applicability
Form was completed on every,Home Repair client
• Staff adhered to and, when applicable, enforced lead'=based paint
abatement regulations.
H. SUB-RE CIPIENT'MONITORING AND TRAINING
The CDBG Program Coordinator monitored CDBG-funded programs
throughout the year by reviewing quarterly reports and consulting with
programs to address issues that needed clarification. While most
issues were resolved satisfactorily, programs were informed that the
failure to comply with contractual requirements and regulations could
,--result in remedial actions and/or the termination of funding.
`'The City conducts periodic site visits. Site visits provided an
opportunity for staff to congratulate programs on successes and to
provide technical assistance on issues that were challenging. Because
most programs received site visits in 2007, the only program that the
City visited for the 2008 funding cycle was a newly funded program.
I. HU]1 0NIT0RING OF CITY OF KENT CDBG PROGRAM
HUD conducted a site visit of the City of Kent CDBG Program activities
on June 24 through June 27, 2008. The review covered the following
requirements pursuant to program regulation 24 CFR 570:
• Activity Eligibility
• National Objectives
• Rehabilitation
CITY OF KENT 2008 CAPER -29-
r
• Sub-recipient Agreements
• Financial Management; and
• Overall Management
HUD concluded that the City satisfactorily complied with CDBG requirements }
in all areas of review; no findings or concerns were noted.
J. SELF-EVALUATION
The preponderance of CDBG and human services expenditures were
used to support the wide continuum of,�ervices that are essential to f
the Kent community and the South Klrig;.Couniyregion. The City met
its requirements for housing developm an,ent a affordable housing
pursuant to the King County Grow th "Management Planning Policies f
adopted by the region in 1993,
The City's nine-member Human Sei+vices Commission, a citizen's
advisory body to the City Council, revie,ws;the human service°`'issues of
the Kent community on an-ongoing basis Ond recommends funding
allocations based on the�Urgent'`needs, al h.."g,with an eye toward self-
reliance and prevention. 'Emerging issues diri`ng 2008 included
increased erriands for job training ` `
and`workforce.development,
increased loss of=housing duie to the economic downturn, emergency
and disaster preparedness and-coordination, a'h increase in the number
of residents who lack Health care insurance or are under-insured,
collaboration �n'the county-wide goal of ending homelessness by
moving the homeless-into :fie;rmanent housing, and addressing needs
ef of the imrnigr.,ant/rugee popula, op" The City's response to emerging
issues included:=the following initiatives:
• Worked with,regional:_partners to develop the South King County
Plan to End Homelessness.
• P,artnered wit[ regional stakeholders to develop the System
Navigation, an',d Access Project (SNAP) to respond to the needs
of irrmigrants and refugees.
• Staff facilitated a meeting between the King County Bar
Association and an immigrant/refugee service provider
organization to discuss a partnership to increase legal services
to low-income residents.
• Developed a listserve to keep immigrant/refugee service
providers and community leaders informed of funding/training
opportunities and other areas of interest.
G
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CITY OF KENT 2008 CAPER -30-
III: CDBG PROGRAM NARRATIVE
A. 2008 CDBG PROJECTS
The City of Kent supports housing and hu,rnn services agencies with
funds for on-going programming; e.g., ,feedarg programs, medical
services, housing stability; etc., through its CDBG entitlement, It is
the City's policy to support human se,rv'ice programs that meet one of
the City of Kent's funding priorltios A total of $777,146 in CDBG
funds was awarded in 2008. Th,61lowing organizations were
supported by the CDBG Program'"(:a complete list of agencies
supported by the City's CDBG and General Fund is attached):
Capital ProjeCts4
Rehabilitation
• City of dent:. Home Repair Program $400;000
Funds used to rehabilitate housir7gythat�is owned and occupied by
low/rpode' rate-income families,a+.rs'siding in',tt e City of Kent.
• City of Kent: Fat) Prevention,Program-$10,000
Funds.used to install handicap accessibility items in the homes of
low%mode.rate=income householdsto prevent falls.
Public Facilities. and' mprovements
•' . Kent Youth and Famify Services: Watson Manor Roof
Replacement $55,1455
Fundsused to r,'enove and replace the roof on Watson Manor, a
transitional ho,uslig facility for homeless adolescent mothers and
their children
Micro-enterprise Assistance
• Green River Community College: Micro-enterprise
Development-$15,000
4 Funding was approved by City Council November 6,2007,
5 Work on this project will be carried over into 2009.
CITY OF KENT 2008 CAPER -31-
Funds used to help low/moderate-income persons develop or
expand a micro-enterprise business by providing business
counseling or technical assistance.
• Washington Cash: Kent Micro-Enterprise Initiative-$25,000
Funds used to provide business training and business development
services to low/moderate-income women, people with disabilities
and other under-served individuals.
Public Services
• HealthPoint: $34,664
Funds used to support two projects: (1) J1d'dical Services
($24,664), project provided medical services to Kent patients; and
(2) Healthcare for the HomelessJ($10,O00), project provided
nursing services to homeless adults and children who resided in
transitional shelters; services also provided attle Kent Community
Health Center.
• Hospitality House: Women's She lter-$i0,0OO
Funds used to provide shelter and,case rnanagemeni services to
homeless women who_,formerly resided m''Kent.
Multi-service Center; ,
• Housing Stab11ity-$37,579
Funds used to provide housing, stability;g.rants to low-income or
homeless individuals to'preven eviction or.''to assist with move-in
costs.
• Sound:Mental Health Honeless'Outreach=$i5,665
Funds.:used to provide outreach,a`nd case"management to homeless
individ4 in the City of Kent;,,,
• YWCA: Trainsitilo i`al .Housing $18,664
Funds used+to provide transitional;shelter and case management
services domestic violence sull rvivors.
:Planning and Administration
• City-of Kent: Pars, Recresation and Community Services
iDepartment, Housing and Human Service-$.155,429
Funds used to administer the City of Kent CDBG projects and engage
in planning 'activities.
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CITY OF KENT 2008 CAPER -32-
1
C
B. RELATIONSHIP ASSESSMENT: CONSOLIDATED PLAN
PRIORITIES, NATIONAL OBJECTIVE AND ONE YEAR
ACTION PLAN
CDBG funds and the $773,661 allocated from..the City's General Fund
provide the foundation for the City's efforts sir ^p,ublic services-related
funded. The combined funds are allocated by"the City Council based
on recommendations by the City's Hurn'4*,t Services Commission. The
Commission reviews the data from a'h,UM',*berof-assessments,
demographic reports and plans to;develop priomti'es for funding, and
then calls for applications from the:community. Applications for
capital-related needs are also s''660t from human services agencies;
e.g., renovation of office or counseling spaces, projects'tto
acquire/preserve affordable housing,�acquisition or property_to build a
health facility for low/m'old e rate-incornepatients, etc. Only`CDBG
funds may be expended on-capital projects
After a screening process,,the City employs the following three-prong
analysis to.%deteri`tine which programs receive COOG funding: (1)
Does the service-or rleed fall .within--a,City. of Kent funding priority6; (2)
Is the service or need:.an eligible activity; and'(3) Does the service or
need meet-,�o national,dbjective? The three national objectives are
activities benefiting low/,moclerate:7income persons, activities which aid
n .preventing or,ellm nating.slums or blight, or activities meeting
community=.developrri'ent needs th,Ot have a particular urgency because
_ �existing coriditio.ns pose_,a serious and immediate threat to the health
pr�welfare of thecommuCiity and other financial resources do not exist
t6 r2' pet such needs. In 20.08, all CDBG funds were used exclusively to
meet'the national objective of benefiting low/moderate-income
persons,,,,,..
6The five (5) funding priorities are:
• Meeting Community Basics;
• Increasing Self-reliance;
• Strengthening Children and Families;
• Building a Safer Community; and
• Improving Health and Well-Being.
CITY OF KENT 2008 CAPER -33-
f
Rules governing the CDBG program place a fifteen percent (15%) cap
on the amount of funds that may be allocated for public services; the
City expended the maximum amount. For planning and
administration, the City spent [insert %] of its total CDBG allocation,
which is slightly less than the 20% maximum that is allowed.
C. PROGRAM OBJECTIVE GqINGES
f
Program objectives were not modified in,200;$
!
D. EFFORTS ASSESSMENT: ONE YEAR ACTIOIV,PLAN
_ I f
A majority of CDBG public service funded projects met or exceeded the
performance measures required by corfiract. Table 3A shows the
objectives/outcomes for 2008 CDBG-funded,projects.
f
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1. <t
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CITY OF KENT 2008 CAPER •34-
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E. EXPLANATION REGARDING ACTIVITIES INVOLVING
ACQUISITION, REHABILITATION, OR DEMOLITION OF OCCUPIED REAL
PROPERTY AND HOW RELOCATION WAS ACCOMPLISHED
No CDBG or City funds were expended for activities that required
relocation actions in 2008.
F. ECONOMIC DEVELOPMENT ACTIVITIES WHERE JOBS WERE NOT
TAKEN BY LOW/MODERATE-INCOME PERSONS
No economic development activities were undertaken involving the
creation/retention of jobs.
G. REPORT REGARDING LOAN REPAYMENTS
The City did not use CDBG funds to enter into loans.
CONCLUSION
The City and its funded programs successfully met the needs of the Kent
Community in 2008. The community worked collaboratively to make
strategic community investments, leverage resources and to respond to
ongoing and emerging human services issues. In addition, the City
expended a portion of its CDBG funds on capital projects to increase or
enhance services toi Kent residents. CDBG funds, local funds, and funds from
other governmental entities were critical in protecting the safety net in the
City and the South King County region. _.
37
Kent City Council Meeting
Date March 3, 2009
Category Consent Calendar - 6H
1 1. SUBJECT: FEDERAL DEPARTMENT OF JUSTICE GRANT APPLICATION FOR
SAFE HAVENS PROGRAM - AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the grant application
to the Federal Department of Justice for $175,000 to support the Safe Havens
Visitation and Exchange Center.
In January of 2003, the City of Kent received a 3-year, $500,000 grant from the
' Federal Department of Justice Office on Violence Against Women (OVW) to
establish a supervised visitation and safe exchange program for families impacted
by domestic violence, child abuse, sexual assault, and stalking. An additional
$200,000 was awarded in 2004 and in 2005. In 2007, OVW awarded the City
$250,000 for two years to provide funding support while the City develops
sustainable funding. This award also gave the City the opportunity to apply for up
to three years of additional funding through a non-competitive process. This
application is for $175,000 and covers two of those three years. OVW requires
that $20,000 out of these funds be set aside for approved travel and training.
i
3. EXHIBITS: Copy of Application
4. RECOMMENDED BY: Parks and Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes N/A No N/A
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
' ACTION:
In FY 2007 the City of Kent applied and was selected as a participant in the Five Year
Project for the Supervised Visitation Grant Program. Successful applicants, for this
project received an initial 24 months of funding in FY 2007 and are now eligible to
submit applications for no more than $175,000 over a 24 month period. Please note
that continued funding under the Five Year Initiative is not guaranteed. All applications
will be reviewed internally by OVW staff to ensure that the grantee is in compliance with
program requirements, grant award special conditions, and the Guiding Principles of the
Supervised Visitation Grant Program.
In order to be considered for continued funding, grantees must submit an application
with the following information onto the Grants Management System, no later than March
9, 2009.
1) A narrative statement (limited to 10 pages) on the status of the current grant project,
which includes:
• A description of the goals and objectives from the prior grant period
and a brief discussion of the status of the existing project;
• The status of any project products;
• Any unanticipated obstacles to project implementation;
• The approximate unobligated amount of award funds remaining as
of February 19, 2009, the anticipated timeline for expenditure of all
remaining funds within the grant award period, whether the grantee
anticipates requesting a no-cost extension of the award, and the
likely timeline for such a request;
• A description of the grantee's efforts to sustain part or all of the
current project without Federal funds; and
• A list of all OVW-sponsored technical assistance events attended
during the most recent project period of the current award, including
the title, location and date(s) of each.
2) A project narrative (limited to 10 pages) which:
• Describes current service gaps;
• Clearly states proposed activities for the next 24 months of the
grant project. The activities must build upon and be deirectly tied to
work being done under the current award, and the application must
include jusitification and an expected outcome for each proposed
activity;
• Decribes the feasibility of proposed activities being sucessfully
implemented;
• Addresses solutions to any unanticipated obstacles experienced
during the current award;
• Describes the population that will benefit from the proposed
activities; and
• Details the responsibilities of each project partenr, as they
correspond to the proposed activities.
3) A detailed budget and budget narrative which covers costs for all components of the
grant project and is clearly linked to the activities discussed in the project narrative. (The
budget should included $15,000 for OVW technical assistance).
4) A current Memorandum of Understanding which includes signatures from all
collaborative partners involved in the grant project and:
• Identifies the partners and provide a brief history of the
collaborative relationship among those partners, including when
and under what circumstances the relationship began and when
each partner entered into the relationship;
• Specifies the extent of each partner's participation in developing the
application;
• Clearly states the roles and responsibilities each organization or
agency would assume to ensure the success of the proposed
project;
• Identifies the representatives of the planning and development
team who will be responsible for developing and implementing
project activities and describe how they will work together and with
project staff; 4
• Demonstrates a commitment on the part of all project partners to
work together to achieve stated project goals;
• Indicates approval of the proposed project budget by all signing
parties; and
• Describes the resources each partner would contribute to the
project, either through time, in-kind contributions, or grant funds
(e.g., office space, project staff, and training) which shows ongoing
colloboration with a state or local court system and a non-profit,
non-governmental.
I ,
Do not hesitate to contact your OVW Program Specialist if you have additional
questions or concerns regarding the Five Year Initiative, or the information contained in
this email.
Michelle Dodge
OVW Program Specialist
(202) 353-7345
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1
' Kent City Council Meeting
Date March 3, 2009
Category Consent Calendar - 6I
' 1. SUBJECT: CONSOLIDATED FOOD SERVICES AGREEMENT FOR SENIOR
CENTER - AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the Consolidated Food
Management agreement for lunch service at the Kent Senior Activity Center.
Consolidated Food Management has provided food service for the Kent Senior
Activity Center since 1995. They provide a nutritious hot meal with a salad bar,
' soup and dessert, as well as sandwich and salad options for a reasonable cost.
This is a valuable and much needed program for older adults. In 2009, the charge
will be $6.00/meal for a meal that costs the Senior Activity Center $5.65.
' Subsidized meals for low income seniors are provided at a charge of $3.50. Cost
of subsidized lunches is offset by community donations.
3. EXHIBITS: Consolidated Food Services Agreement
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
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
�j DISCUSSION:
ACTION:
t
FOOD SERVICE MANAGEMENT
AGREEMENT
This Agreement is made and entered into between the CITY OF KENT, a Washington
Municipal Corporation, for the KENT SENIOR ACTIVITY CENTER Corporation,
located at 600 East Smith Street, Kent, WA 98031, hereinafter called "The City"; and
CONSOLIDATED FOOD MANAGEMENT, INC., a Washington Corporation licensed
to do business in the State of Washington,hereinafter called"CFM".
WITNESSETH: That the City and CFM, for the consideration herein, mutually agree as
follows:
SECTION 1. COMPENSATION:
1.01 CFM shall manage and operate the City's Senior Activity Center food service on a
Fixed Bid price per meal for year 2009 as follows:
CFM shall provide food service of one meal per day, five days per week for guests,
staff and others as designated by the City. Dail
Minimum Guaranteed Meals shall be
80 (Ei�ZhW Meals at the Price Per Meal of$5.65 (Five Dollars and Sixty-five Cents)
per meal.
Daily Minimum Guaranteed Meals Price Per Meal
80 Meals $5.65 Per Meal
1.02 CFM will submit a weekly invoice to the City for payment, as indicated by the above
bid schedule. The City will.pay CFM twice monthly.
SECTION 2. AUTHORIZATION SERVICE AREA:
2.01 CFM shall manage and operate the food service program at the City's Senior Activity
Center facility located in Kent,Washington.
2.02 The City shall provide the kitchen space, facilities, utilities and equipment for the
operation of the City's food service, which shall, however, be under the control of
CFM, and shall be and remain the sole property of the City of Kent. "Kitchen" is
defined to include all wall,.-ins, store rooms, freezers, applicable equipment within
those areas, and delivery areas. j
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2.03 The City shall provide adequate office space, furniture, and a telephone for business
use, except that long distance calls shall be paid by CFM.
SECTION 3. SERVICE, POLICIES, STANDARDS:
3.01 CFM shall be responsible for the management and operation of the food service on I
the premises, including but not limited to: general supervision of food service areas;
recruiting, interviewing, training and direction of food service employees and
volunteers; and the preparation and serving of food, confections and beverages on
the premises.
3.02 CFM shall provide food service to guests, staff and others as designated by the City
on the premises, on such days and times as the City shall prescribe. The basic
operating schedule follows. The City shall be responsible for any applicable sales tax
on the meals served.
3.03 CFM shall provide food service of one meal per day, five days per week for guests, j
staff and others as designated by the City.
3.04 CFM shall not use the City's facilities for preparation of food that is to be served in
any location other than the City,without written permission of the City.
3.05 CFM shall conduct its operations on the City's premises in the most professional and
efficient manner possible consistent with the City's policies, facilities and good food
services practices, and in accordance with all applicable governmental regulations.
3.06 CFM shall be sole agent of the City responsible for purchasing and supplies under
F
this contract. CFM is responsible for paying for all food and supplies for the City
necessary for complying with this Agreement.
I
3.07 CFM shall provide input to the City on operating policies for the food service
conducted by CFM, but policies shall be set by the City.
3.08 It is understood that the City reserves the right to periodically review and inspect the
food service program performed by CFM with respect to the quality and quantity of
food served and the sanitation of equipment and facilities.
I
3.09 CFM shall maintain the highest ethical relationship with its customers, employees,
suppliers and competitors in the performance of this Agreement.
3.10 The City shall provide volunteers to assist food service personnel to serve meals.
SECTION 4. CLEANING MAINTENANCE UTILITIES:
4.01 CFM shall be responsible for cleaning and sanitation of the food equipment,
counters and serving lines. The City shall provide volunteers to assist food service
personnel in washing dishes, trays, pots, pans, utensils and serving meals. The City's
janitorial staff will mop kitchen floor daily, maintain all floor drains, grease traps,
vents and hood system as needed, and scrub floor on a quarterly basis, as needed.
4.02 The City shall be responsible for maintenance of major equipment, drains, light
fixtures, and other such building maintenance as may be reasonably required by the
City.
4.03 The City shall be responsible for extermination of rodents, vermin and any and all
other unsanitary conditions in the kitchen and storage areas.
4.04 The City shall be responsible for disposal of all rubbish and garbage resulting from
food service operation.
4.05 The City shall furnish and maintain at its own expense, all utilities, including but not
limited to, electricity, water and telephone service, required to operate the food
service. The City shall not permit interruptions in utility services except in case of
emergency, circumstances beyond the control of the City, necessary repairs or
improvements of the service.
SECTION 5 EQUIPMENT, FIXTURES, FURNITURE, EXPENDABLES,
VEHICLES:
5.01 The City shall provide and install at its own expense, the fixed equipment, fixtures
and related furniture necessary to the efficient operation and control of the food
services to be performed by CFM as determined by the City. The City shall
maintain, repair and replace such equipment at its own expense, except repairs or
replacements caused by CFM's negligent or intentional acts or omissions,which shall
be the sole responsibility of CFM.
i
5.02 The City shall supply, maintain and replace all kitchen small wares such as knives,
spatulas, spoons, whips and related cooking utensils, including dishes, glasses and
flatware.
5.03 CFM shall take all reasonable care in the use of the premises, equipment and other
items furnished by the City,less normal wear.
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SECTION 6. PERSONNEL:
t
6.01 CFM agrees to staff its operation on the premises in the most efficient manner
possible consistent with CFM's and the City's requirements.
6.02 Employees of CFM will comply with all the City's rules of conduct, including those
P Y tS' g
relating to security and sanitation. The City may require CFM to immediately
remove any of CFM's employees from the City's premises for any reason deemed 4
necessary by the City. Any such removals will be made in the name of CFM, and
CFM will assume all responsibility for the removal.
6.03 During the term of this Agreement, neither CFM not the City shall hire each other's
-
employees without prior written consent of the other.
6.04 CFM .will not permit smoking within the facilities, except in those areas that are
designated for that purpose by the City. CFM will not permit unlawful practices of
any kind in the City's facilities by its employees. Any and all rules applicable to the
City's guests and staff shall apply equally to CFM employees.
SECTION 7 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE
ACTION:
7.01 In the performance of this Agreement, CFM agrees as follows:
a.) Employment. CFM will not discriminate against any employee or applicant
for employment because of race, color,religion, sex,marital status, or the
presence of any physical,mental or sensory handicap. CFM will take
Affmnadve Action to ensure that applicants are employed, and that
employees are treated during employment,without regard to their race, color,
religion, sex, age,marital status,national origin, or presence
of any physical, mental or sensory handicap. Such action shall include, but
not be limited to the following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship. CFM agrees to post in conspicuous places, available to
employees and applicants for employment, such notices concerning Equal
Employment Opportunity as may be requited by Federal, State, or local laws,
rules or regulations. These laws include, but are not limited to RCW 49.60,
Titles VI and VII of the Civil Rights Law of 1964, Section 504 of the
Rehabilitation Act of 1973, as amended, Executive Order 11246 issued by
the President of the United States, and Executive Order 2001-R issued by the
County Executive.
b.) CFM will, in all solicitations or advertisements for employees placed
by or on behalf of CFM, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex,
age, national origin, marital status, or presence of any physical, mental,
sensory or metal handicap.
During the performance of this Agreement, neither CFM nor any
party subcontracting under the authority of this Agreement shall engage in
unfair employment practices as defined by King County Code, Chapter
12.18.
c.) Program and Services. CFM agrees not to discriminate on the basis
of race, color, sex, religion, nationality, creed, sexual orientation, marital
status, age, or the presence of any mental, physical or sensory handicap, in
the access to, or in the provision of and administration of, any program or
activity under this Agreement. "Discrimination" includes, but may not be
limited to 1) denial of services or benefits; 2) segregation, separate or
different treatment or benefits; and 3) utilization of administrative criteria or
methods that have the effect of discriminatory treatment. This obligation
includes taking affirmative steps to make programs and services available and
accessible to the handicapped.
In the event of noncompliance by CFM with any of the
nondiscriminatory provisions of this Agreement, the City shall have the right,
at its option, to terminate this Agreement in whole or in part.
SECTION 8. INSURANCE, INDEMNITY, SAFETY:
8.01 CFM shall, in addition to all legally required insurance coverage, maintain at their
own cost the following named coverage:
i
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a.) Commercial General Liability insurance written on an occurrence
basis with limits no less than $1,000,000.00 combined single limit per
occurrence and $2,000,000.00 aggregate for personal injury, bodily injury and `
property damage. Coverage shall include but not be limited to: blanket
contractual; products/completed operations; broad form property damage;
explosion, collapse and underground (YCU) if applicable; and employer's
liability, i
b.) Workmen's Compensation as required by law.
f =
8.02 CFM shall indemnify and hold harmless the City, its elected officials, agents and
employees, from and against all suits, claims, damages, losses, costs, and expenses,
including attorney's fees, arising out of, relating to or resulting from this contract, ff
unless caused by negligence of the City.
8.03 CFM agrees to notify the City promptly in writing of any death, serious injury, or
serious damage arising out of its operations on the City's premises, and to comply at
all times with the requirements and provisions of the Occupational Safety and Health
Act and related rules and regulations.
8.04 The Contractor's insurance shall contain a clause stating that coverage shall apply I;
separately to each insured against whom claim is made or suit is brought, except with 4
respects to the limits of the insurer's liability.
8.05 The Contractors insurance shall be primary insurance as respect to this Contract,
and the City shall be given thirty (30) days prior written notice of any cancellation,
suspension or material change in coverage.
SECTION 9: LAWS LICENSES AND TAXES:
9.01 CFM shall comply with all Federal, State and local laws, regulations, and
requirements applicable to the services and operations provided herein, and
applicable Federal and State wage and hourly requirements.
9.02 City shall obtain any and all licenses or permits necessary for the food service
operation on the premises,as a direct cost to the City.
9.03 The fixed Bid Price of $5.65 (five dollars and sixty-five cents) per meal does not
include any applicable taxes.
f
9.04 The laws of the State of Washington shall control this agreement. Any dispute
between the parties related to this agreement shall be resolved by King County
Superior Court,in Ding County, Washington.
SECTION 10. ADDITIONAL SERVICES EVALUATION PERFORMANCE:
10.01 The City has the right to request CFM to render additional food services on the
premises, including but not limited to, special functions, banquets, parties, etc.,
reasonably related to its services under this Agreement. The menu, amount and cost
of such additional services shall by mutually agreed in writing, in advance, by CFM
and the City.
10.02 CFM shall require that a member of its food service staff on the City's premises be
available for food service meetings on a regular basis, as determined by the City, as
well as participate in mutually agreeable activities, promotions and communications
campaigns related to the food service program.
10.03 The City reserves the right to change any meal schedule and agrees to give CFM at
least twenty-four (24) hours advance notice of such changes, except in an emergency,
when as much advance notice as possible shall be given.
SECTION 11. TERM RENEWAL TERMINATION:
11.01 This Agreement shall be effective for the term of twelve (12) months, commencing
January 1, 2009, and concluding on December 31, 2009. The contract terms and
conditions may be reviewed and automatically renewed for subsequent one-year
periods on mutual agreement of both parties.
11.02 Either party may terminate this Agreement with cause, by giving the other party not
less than thirty (30) days advance written notice of intent to terminate, at any time
during the term of this Agreement.
11.03 Upon termination of this Agreement, CFM shall vacate all parts of the premises
occupied by CFM in the same condition as made available to CFM, reasonable wear.
and tear excepted.
I
SECTION 12. NOTICES:
12.01 Any notices required hereunder shall be deemed to have been given if delivered in
writing personally to, or three business days after being sent by registered certified
United States mail,return receipt requested,and addressed as follows:
a.) THE CITY: CITY OF KENT SENIOR ACTIVITY CENTER
Lea Bishop
600 East Smith Street
Kent,WA 98031
b.) CFM: CONSOLIDATED FOOD MANAGEMENT, INC.
Mr. Ken Chow,Vice President M
2448 76th Avenue Southeast
Mercer Island,WA 98040
SECTION 13. INDEPENDENT CONTRACTOR:
13.01 CFM and the City intend an independent contractor - employer relationship be
created by this Agreement. CFM, its employees, and agents, as an independent
contractor, shall not be or be deemed for any purpose to be, an employee(s) or
agents) of the City except for the purchase of food and supplies for this contract.
13.02 CFM is a professional food service organization, and under the terms of this I
Agreement between the City and CFM, the City has exclusive control of all policy,
operational and service procedures over the food program.
r
SECTION 14. ENTIRE AGREEMENT: I
14.01 This Agreement, along with the following attachments: Certificate of Insurance; and
CFM's Proposal, constitutes the entire Agreement of the parties, and supersedes and
cancels all written or oral communications between the parties referring to the
subject matter of this Agreement. Should there be a conflict between this
Agreement, CFM or its proposal, this Agreement shall control.
IN WITNESS THEREOF, the parties hereto enter into and execute this Agreement this
day of ) 2009,
CONSOLIDATED FOOD THE CITY OF KENT:
MANAGEMENT, INC.:li�" /
? — /'
Signature
Print Name
APPROVED AS TO FORM: ATTEST:
Kent City Attorney Kent City Cleric
Notices to be sent to: Notices to be sent to:
Ken Chow john Hodgsoii.-- "s V�
Vice President Director of Parks
Consolidated Food Management, Inc The City of Kent Parks Department
7429 SE 27`h Street Kent,WA 98032-5895
Mercer Island,WA 98040 (253) 856-5100 / fax (253) 856-6050
(206) 232-9771 / fax (206) 232-1533
Kent City Council Meeting
Date March 3, 2009
Category Consent Calendar - 61
1. SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT FIVE-YEAR PLAN -
ADOPT
2. SUMMARY STATEMENT: Adopt the updated Parks Community Development
Block Grant Five Year Plan.
The City's previous plan covered the years 2002-2006 and has been updated in
order to take advantage of potential economic stimulus funding if it becomes
available through the block grant program. The updated plan establishes which
neighborhood parks qualify for block grant funds and lists projects within
qualifying parks that are currently included in the capital facilities plan. Two of
the projects listed in the plan are designated economic stimulus projects.
3. EXHIBITS: 2009-2014 Parks Community Development Block Grant Plan with
attachments
4. RECOMMENDED BY: Parks and Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes N/A No N/A
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FIVE-YEAR L
-
2014
.rt
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3
}
Prepared By:
Lydia Moorhead, Park Planner
Contributing Staff:
Lori Flemm, Victoria Andrews and Tony Donati
Parks and Open Space/Planning & Development
City of Kent
Parks, Recreation & Community Services Department Section
January 2009
•
KENT
WASHINOTON
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INTRODUCTION
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The Mission of the Kent Parks, Recreation and Community Services is
"Dedicated to Enriching Lives". This mission is achieved by providing parks
and facilities that are safe, attractive, and that offer enjoyable and
meaningful recreation, cultural programs and supports human services.
1
We are responsive, encouraging and ethical in our dedication to the
community by providing:
i
• Social Benefits that bring families together and unite people within
our diverse community.
• Environmental Benefits that protect and preserve natural and open
space areas, and enhance air and water quality.
The Community Development Block Grant Program (CDBG) is instrumental
in achieving this mission.
ELIGIBLE PARKS
Fourteen parks in Kent are eligible to receive CDBG funds by addressing the E
low to moderate income area benefit. In order to qualify under this national
objective an activity must meet the identified needs of low to moderate
income persons residing in an area where at least 51 percent of the
residents are low to moderate (L/M) income persons. For these purposes,
an area benefit activity is an activity which is available to benefit all the f
residents of an area which is primarily residential.
Using2000 census data and L M income figures prepared by the U.S.
/ 9
Department of' Housing and Urban Development (HUD), census block groups
containing at least 51 percent of low to moderate income persons have been
mapped (Map 1). These census block groups are located within 26
neighborhood park service areas (Map 2). The City's neighborhood park
service areas were developed in order to identify geographic areas of service
for neighborhood parks. The service areas follow major arterials and
geographic features to ensure that each area does not contain significant
barriers to users accessing neighborhood parks. There are 48 neighborhood
park service areas within Kent and Kent's Potential Annexation Area (PAA).
Of the 26 service areas containing the qualifying census block groups, 18 of
the neighborhood park service areas are predominately residential. Within
those neighborhood service areas, 14 parks serve the qualifying census
blocks.
1
1. Kiwanis Tot Lot #1 is .6 acre in size and is located in neighborhood
service area number 36. Existing amenities . include barbecue,
basketball court, picnic area, play equipment, and public art. The park
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serves a neighborhood population of 1520 with 73 percent of the
residents at low and moderate income. Children attend Kent Elementary
School where 70 percent of the students are enrolled in the reduced and
free lunch program.
2. Kiwanis Tot Lot #4 is .35 acre in size and is located in neighborhood
service area number 36. Existing amenities at the park include play
equipment for ages 6-12, picnic tables, drinking fountain, two accessible
entrances, mature trees and landscaping. This park serves a
neighborhood population of 1520 with 73 percent of the residents at low
and moderate income. Children attend Kent Elementary School, where
70 percent of the students are enrolled in the reduced and free lunch
program.
- 3. Salt Air Vista is two acres in size and is located in neighborhood service
area number 31. Existing amenities at the park include play equipment,
a picnic area, open space and trails. This park serves a neighborhood
population of 718 with 67 percent of the residents at low to moderate
income. Children attend Parkside Elementary, where 52 percent of the
students are enrolled in the reduced and free lunch program.
4. Russell Road is 30.4 acres in size and is located in neighborhood service
area number 24. Existing amenities at the park include barbecue,
lighted basketball/softball bleachers, concession, drinking fountain,
parking, picnic areas, picnic shelter, restrooms, trails and play
equipment. Russell Road Park is a community park that also serves as
the neighborhood park for area number 24. This park serves a
neighborhood population of 1216 with 61 percent of the residents at low
to moderate income. Children attend Kent Elementary, where 70
percent of the students are enrolled in the reduced and free lunch
program.
5. Glenn Nelson Park is 10 acres in size and is located in neighborhood
service area number 33. Existing amenities at the park include
barbeque, baseball/softball/soccer fields, picnic area, play equipment,
trails, and two tennis courts. Census block group 029801.6. which is
located partially within the city's potential annexation area, makes up
about a third of the .service area and qualifies with 53 percent of the
census block group at low to moderate income. Glenn Nelson serves a
larger population of approximately 5897 which includes the block group
above. Children attend Star Lake Elementary, where 55 percent of
students are enrolled in the reduced and free lunch program.
6. Kent Memorial Park is 11.2 acres in size and is located in neighborhood
service area number 20. Existing amenities at the park include
barbeque, baseball/softball fields, bleachers, community recreation
center, concession stand, drinking fountain, parking, picnic areas, picnic
3
shelter, play equipment, portable restroom, and tennis courts. Kent
Memorial Park is a community park that also serves as the
neighborhood park for area number 20. This park serves a
neighborhood population of 858 with 76 percent of the residents at low
to moderate income. Children attend East Hill Elementary, where 66
percent of students are enrolled in the reduced and free lunch program.
7. East Hill Park is 4.62 acres and is located in neighborhood service area
number 28. Existing amenities at the park include basketball courts,
drinking fountain, parking, picnic areas, picnic shelter, play equipment,
public art, restrooms and a tennis courts. Census block group
029504.1, makes up about half of the service area and qualifies with 74
percent of residents at low to moderate income. East Hill Park serves a
larger population of approximately 4484 which includes the block group
described above. Children attend Daniel Elementary, where 70 percent '
of students are enrolled in the reduced and free lunch program.
8. Seven Oaks Park is .5 acres in size and is located in neighborhood
service area number 38. Existing amenities at the park include a half
basketball court, benches, drinking fountain, and play equipment.
Census block group 029503.5 makes up about one third of the service
area and qualifies with 88 percent of residents at low to moderate
income. Seven Oaks Park serves a larger population of approximately
5424 which includes the block group described above. Children attend
Millennium Elementary School where 64 percent of the students are
enrolled in the reduced and free lunch program.
9. Turnkey Park is 5.6 acres and is located in neighborhood service area 1
number 17. Existing amenities at the park include a half basketball
court, benches, gravel trail, play equipment, open space, two tennis
courts, public art, and drinking fountain. Census block groups 029407.2
and 029204.1 comprise about two thirds of the service area and qualify
with 54 and 62 percent of residents at low to moderate income,
respectively. Turnkey Park serves a larger population of approximately
3206 which includes the block groups described above. Children attend
East Hill Elementary School where 66 percent of the students are
enrolled in the reduced and free lunch program.
10. Springwood Park is 10 acres in size and is located in neighborhood
service area number 46. Existing amenities at the park include play
equipment for ages 5-12, picnic tables, basketball court, picnic shelter,
trails, and a multi-use open grass play field. Census block group
029601.3 makes up about two thirds of the service area and qualifies
with 71 percent of residents at low to moderate income. Springwood
Park serves a larger neighborhood population of approximately 2667
which includes the block group described above. Children attend Pine
Tree Elementary where 47 percent of the students are enrolled in the
4
reduced and free lunch program. The Springwood Housing Project
managed by King County Housing Authority borders the east side of
Springwood Park.
11. Canterbury Park is 2.08 acres in size and is located in neighborhood
service area number 26. Park amenities include play equipment,
benches, picnic tables, picnic shelter, pickle ball and volleyball courts,
walking trails, and open space. Census block group 029503.2 makes up
about half of the service area and qualifies with 70 percent of residents
at low to moderate income. Canterbury Park serves a larger population
of 2753 which includes the block group described above. Children attend
East Hill Elementary School, where 66 percent of the students are
enrolled in the reduced and free lunch program.
12. Tudor Square is 4.7 acres and is located in neighborhood service area
number 37. Park amenities include a baseball/softball field, play
equipment, and picnic tables. Census block group 029601.3 makes up
about a quarter of the service area and qualifies with 71 percent of
residents at low to moderate income. Tudor Square serves a, larger
population of approximately 3464 which includes the block group
described above. Children attend Millennium Elementary School, where
64 percent of the students are enrolled in the reduced and free lunch
program.
13. Hopkins Park is located within the City's Panther Lake Potential
Annexation Area in neighborhood service area number four. It is
currently undeveloped and is 1.1 acre in size. Census block group
029306.1 makes up half of the service area and qualifies with 55
percent of residents at low to moderate income. Hopkins Park, when
developed, will serve a larger population of approximately 2648 which
includes the block group described above. Children attend Panther Lake
Elementary, where 66 percent of students are enrolled in the reduced
and free lunch program.
14. Park Orchard is located within the City's Potential Annexation Area in
neighborhood service area number 14. Park amenities include open
space, play equipment and a picnic shelter. Census block groups
029408.2 and 029408.3 make up half of the service area and qualifies
with 51 and 67 percent of residents at low to moderate income,
respectively. Park Orchard serves a larger neighborhood population of
approximately 3470, which includes the block groups described above.
Children attend Park Orchard Elementary School, where 68 percent of
students are enrolled in the reduced and free lunch program.
5
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ACCOMPLISHMENTS
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The projects listed below have been completed within the past eight years
and were identified in the City's previous block grant plan. The projects
were completed with the use of CDBG funds or some combination of CDBG
funds, City funds, and volunteer labor.
1999 Projects
Resource Center: Project Completed.
315 E. Meeker
• Parking Lot Expansion
Commons Playfield: Project partially completed based on City of Kent
funding available; design and funding strategy developed for remainder of
project.
James Street and 5t" Avenue North
• New Play Equipment
• Drinking Fountain - completed
• Drainage
• Irrigation
Kiwanis Tot Lot #2: Project . Completed with CDBG Funds and volunteer
labor.
North 2nd Avenue and W. Cloudy Street
• Play Equipment
• Drinking Fountain Stubbed Out
• Irrigation
• Accessible Walkway
2000 Projects
196t" Street ADA Fishing Area: Design and permitting in progress using
other Funding Sources (WA State Grant and City of Kent) and volunteer
labor.
• Accessible Fishing Access and Restroom
Kiwanis Tot Lot #1: Project partially completed with CDBG Funds.
South 1st Avenue and W. Crow Street
• Automatic Irrigation I
• Fencing
• Drinking Fountain
• Accessible entrance
• Basketball Court
Bereiter House: Project Completed with CDBG and other funding sources
(King County Grant).
855 East Smith
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• Historic House/Greater Kent Historical Society Museum
1
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• Accessible Walkways and Ramp into House
2001 Projects
Turnkey Park: Project Completed with CDBG Funds and other City funds.
100t" Ave SE and S. 233rd
• Irrigation
• Concrete Trail
• Half Court Basketball Court Resurfacing
• Drainage Improvements
• Play Equipment
• Site Furniture
• Drinking Fountain
2002 Projects
Kiwanis Tot Lot #4: Project completed in 2003 with CDBG Funds and
volunteer labor.
5t" Avenue and Crow Street
• New Play Equipment for Ages 2-5 with Poured-In-Place Safety Surfacing
• Perimeter Fencing with Mowstrip
Turnkey Park: Carryover Project, from 1999 - 2003, completed with CDBG
Funds and other City funds.
100t" Avenue SE and S. 233rd
• Land Acquisition of .93 Acres
2005 Projects
Springwood Park: Project partially completed using City funds.
SE 274t" and 128t" Place SE
• Drinking Fountain/Domestic Water
• Restroom?
• Irrigation/Turf Renovation
• New Bollards, Trash Receptacle, Picnic Tables
• Shrubs on the Bank
• New Slide on the Hill
• Trail
• Skate Ramp & Rail
• New Play Equipment and Fibar Safety Surfacing
Kiwanis Tot Lot #4: Project completed using City funds.
5th Avenue and Crow Street
• New Swings and Fibar Safety Surface Replenishment
2006 Projects
Kiwanis Tot Lot #1: Project partially completed using City funds.
South 1st Avenue and W. Crow Street
• New Play Equipment
• Fencing (Note: Fencing installed without mowstrip due to tree roots)
7
FIVE-YEAR PLAN 2009-2014
The following projects are outlined in the City's 2009-2014 Capital Facilities
Plan and could be completed using CDBG funds.
Kiwanis Tot Lot #1:
South 1st Avenue and W. Crow Street
• New Play Equipment
• New Site Furniture
Senior Activity Center
East Smith Street and Kennebeck Avenue
• New Site Furniture
Turnkey Park:
100th Avenue SE and S. 233rd Street
• Picnic Shelter & Tables
• Water
• Irrigation
• Drinking Fountain I
• Asphalt Trail
• Basketball Court Resurfacing
• New Fence
• Small Skate Park
• Parking Lot Eligible for .Five Spaces
• Drainage Improvements
• Landscaping
• Land Acquisition
Glenn Nelson Park:
Military Road South and South 268th Street
• Resurface Basketball Court I
• Complete Retaining Wall around Parking Lot
• Complete Looped Trail
• Paint Restroom
• Replace Light Fixtures
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Tudor Square:
112th Avenue SE and SE 268th Street
• Install a Half Basketball or Sport Court
Springwood Park:
SE 276th Place and 127th Avenue SE
• Resurface Basketball Court
• Replace Site Furniture and Play Equipment.
8 ,I
Panther Lake Acquisition:
• Acquisition of property in the future Panther Lake annexation area to
provide a neighborhood park.
Seven Oaks Park:
On hold pending negotiations with adjacent land owner.
SE 259t" Street and 118th Place SE
• New Play Equipment with Fibar Safety Surface
• New Perimeter Fencing with Mowstrip
• Half Basketball Court Re-Surfacing
• New Site Furniture (Picnic Tables, Trash Receptacles)
• New Drinking Fountain
9
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Attachment B - Kiwanis Tot Lot # 1
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COMMUNITY DEVELOPMENT BLOCK GRANT (C )
Kiwanis Tot Lot #1
ECONOMIC STIMULUS PROJECT
Jan. - April, 2009
City of Kent
Parks, Recreation & Community Services Department
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Prepared By:
Lori Flemm, Supt.
Parks and Open Space
October 28, 2008
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WASHINGTON
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Kiwanis Tot Lot #1 is .6 acre and is located in Neighborhood Park Service
Area Number 36. Existing amenities include full basketball court, picnic
area, play equipment, and public art. The park serves a population of 966
with 77% low and moderate income. Children attend Kent Elementary
School where 60% of the students are on the Reduced and Free Lunch
Program. Our recreation staff operates a summer playground program for
25 days spread over 8 weeks with 879 attending in the summer of 2008.
850 free lunches were provided during the program.
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The project proposed for 2009 includes replacement of the play equipment
to meet current safety standards, installing accessible walkways to the age
2-5 play area, installing accessible walkways to the summer playground
program trailer, and picnic table, resurfacing the basketball court to
prolong the life of the asphalt court, providing a backboard, crown cleaning
and removal of dead limbs in the thirteen existing trees, and providing J
grills at each picnic site.
The cost estimate for this project is $110,021.65. This project would be an
advertised public bid. Trades employed would be concrete finishers,
general laborers, equipment operators, and certified play equipment
installers. Four people would be employed for 12 weeks. A second bid for
a certified arborist would employ one arborist and one laborer for one
week.
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The bidding would be advertised in January, 2009, or as soon as the grant
contract is signed. Tree work could be conducted in the winter months. As
soon as weather permits in February, the construction project would
commence with completion anticipated in April, 2009.
Land for the park was acquired in July 1949. The Kiwanis Club adopted the
park in Nov., 1965 purchasing play equipment. The park was named
Kiwanis Tot Lot #1. The City of Kent and HUD have history of a strong and
successful partnership at this site. In Jan. 1977, the City received a block
grant to provide and install play equipment at all four Kiwanis Tot Lots.
(Funding $20,000 CDBG; $8,000 Revenue Sharing). Work was completed
April 1977.
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In March, 1994 the City entered into contract with King County for a CDBG
grant of $30,000. (Contract #D05778D). The next month, the City
contracted with HB&B to design, prepare contract documents and assist
with bidding and construction administration. In Nov. 1994, a contract was
- let with Parkwood Services to completely renovate Tot Lot #1.
Construction was completed the park in June 1995, at a total cost
$70,988.22. In 1999, Contract #C99527 with King County for a CDBG
grant for accessible entrance and installation of drinking fountain was
constructed adjacent to the basketball court.
Parks - Planning & Development Priority#: 23
Project Title: Kiwanis Tot Lot#1 Improvements Dept Project M
Project ID: 91
Project Description
In 2009, install concrete curb around play equipment;as wood deteriorates, and replace play equipment and
site furniture.
Background
This is one of the Tot Lots sponsored by the Kent Kiwanis Club,which is instrumental in its upkeep and
renovation. If not funded, it would affect expected service level to a long served, low/moderate income
neighborhood in need of this free recreational opportunity.
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Justification
Consistent with Strategic Goal: Provide places for youth to engage in healthy activities. Provide effective ,
and efficient government services.
Financial Sources and Uses (Amounts in Thousands)
ri
Total
Request 2009 2010 2011 2012 2013 2014 Beyond .
Capital Uses
Site Improvements 75.0 75.0 '
Total Uses 75.0 75.0
Capital Sources
CIP REET2 Revenues 75.0 75.0
Total Sources 75.0 75.0
1
Operating Needs
Other Operating Costs
Total Operating
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R55BD030 7/21/2008
KIWANIS#1
Preliminary Cost Estimate
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Site Furniture Items 0 Unit Cost Ext. Cost
Trash Receptacle 2 $350.00 $700.00
Anchor Bolts+ Base 2 $75.00 $150.00
Grills 3 $250.00 $750.00
Ash Buckets 3 $50.00 $150.00
Delivery $200.00 $200.00
Installation $500.00
Subtotal $2,450.00
Landscaping tC—. Unit Cost Ext. Cost
Thin existing trees, remove
dead wood chip limbs and brush 13 $300.00 $3,900.00
Subtotal $3,900.00
Restoration gty, Unit Cost Ext. Cost
Hydroseed Disturbed Areas 400 $0.30 sf $120.00
Spread Chips on Tree Wells 3 cy $150.00 $450.00
ubtotal $570.00
Earthwork C�jt Unit Cost Ext. Cost
Clearing/Excavation (12"depth) 4 cy $25.00 $100.00
Clearing/Excavation (8" depth) 3 cy $25.00 $75.00
Mobilization Lump Sum $1,500.00 $1,500.00
Subtotal $1,675.00
Sitework tC—. Unit Cost Ext.Cost
Reinforced Concrete Curb 208 LF $17.50 $3,640.00
Concrete Flatwork 1770 SF $6.50 $11,505.00
Subtotal $15,145.00
Basketball Court t,C�. Unit Cost Ext.Cost
Backboard 1 $1,350.00 $1,350.00
Acrylic Surface and Line Court Lump Sum $1,500,00 $1,500.00
Pressure Wash/clean court Lump Sum $750.00 $750.00
Subtotal $3,600.00
P:\Maintenance\Cost Estimates\Copy of Kiwanis#1.xls Page 1
Demolition AY-. Unit Cost Ext.Cost
"emove timber border around play area and
planters and dispose of off site Lump Sum $1,500,00 $1,500.00
Remove play equipment Lump Sum $5,000.00 $5,000.00
Remove footings and dispose of off site
(spring toy&tetherball) 2 $100.00 $200.00
Cut Sod and dispose off site 2070 sf $1.00 $2,070.00
Saw Cut Lump Sum $750.00 $750,00
Subtotal $9,520.00
Play Equipment 0 - Unit Cost Ext.Cost
5-12 Play Structure Lump Sum $35,000.00 $35,000.00
2-5 Play Structure Lump Sum $7,500.00 $7,500.00
Fibar $10,000.00 $10,000.00
Poured in Play Safety Surface Lump Sum $10,000.00 $10,000.00
Supervised Installation of Volunteers $2,500.00
by licensed contractor
Subtotal $65,000.00
1 1
Total $ 0 ,860.00
Tax at 9.0% $8,161.65
Grand Total $110,021.65
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Attachment C - Senior Activity Center
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The Kent Senior Activity Center is open to men and women, age 50
plus living in the Kent area. Individuals and groups take part in
programs, activities, and services, which enhance their dignity,
support their independence, and encourage their involvement in the
Community.
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The Kent Senior Activity Center is located in Downtown Kent. The
building and outdoor activities were constructed in 1977. Existing amenities
include, picnic area, and public art.
Statistics 3rd Quarter 2008
® 4,862 meals were served •at the Mill Creek Cafe, for an average of 82
meals per day.
• 82 classes/workshops/support groups were held, 1,594 participants,
average 19/class I
41 trips taken (includes day trips, extended trips, outdoor sports trips),
512 participants, 13 average /trip
® 1,673 participants in special events
• 815 dance participants (includes evening dances, square dancing,
daytime dances), dances, average 25/dance
® 1901 participants in the Fitness Center, average 28/day
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The project proposed for 2009 includes replacement of the site furniture,
including benches, picnic tables, trash receptacles, ash urn, and planters.
The existing wood equipment has outlived its useful life (rotting) and needs
to be replaced with more durable and long lasting materials.
The cost estimate for this project is $27,395.60. This project would be an I
advertised public bid. Trades employed would be general laborers. Two
people would be employed for 1- 2 weeks.
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The bidding would be advertised in January, 2009, or as soon as the grant
contract is signed. As soon as furniture is delivered in February- March, the
construction project would commence with completion anticipated in March,
2009.
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Parks - Facilities Priority#: 17
Project Title: Senior Center.Upgrades Dept Project#:
Project ID: 152
Project Description
These are aniticpated major expenses for the facility.
�} Background
This facility is 21:-years old and a major expense that needs to be made to renew the site furnishings,
�j benches, trash cans and picnic tables.
') Justification
Consistent with the Strategic Goal to provide effective and efficient City Services to the community. This
facility is a showplace for the community and gets a lot of use and It is our intent to keep it well f
maintained and looking inviting to it's users.
Financial Sources and Uses (Amounts in Thousands)
S
Total
Request 2009 2010 2011 2012 2013 2014 Beyond
Capital Uses
Buildings, Bldg Improvements 80.0 40.0 40.0 }
Total Uses 80.0 40.0 40.0
�. Capital Sources
CIP Revenues 80.0 40.0 40.0
Total Sources 80.0 40.0 40.0 1
Operating Needs
Other Operating Costs f
Total Operating
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R55BD030 7/21/2008
1
SENIOR CENTER IMPROVEMENTS
Preliminary Cost estimate
Site Furniture Items Qty. Unit Cost Ext. Cost
Trash receptacle 4 $ 849.00 $ 3,396.00
Anchor Bolts 8
Bench, 8' Backless 4 $ 1,506.00 $ 6,024.00
Picnic Table, 3 seats 4 $ 1,493.00 $ 5,972.00
Planter 6 $ 548.00 $ 3,288.00
Ash Urn 2 $ 355.00 $ 710.00
Delivery $ 1,250.00 $ 1,250.00
Installation 10 1000 $ 1,000.00
demolition and removal of existing site furniture 12 lump sum $ 1,200.00
assembly lump sum $ 2,500.00
Subtotal $ 25,340.00
WA State Sales Tax 9% $ 2,055.60
TOTAL $ 27,395.60
P:\Maintenance\Cost Estimates\SENIOR CENTER.xis
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Attachment D - Glenn Nelson Park
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Parks - Planning & Development Priority M 24
Project Title: Glenn Nelson Park Improvements Dept Project M
Ih Project ID: 332
Project Description
Complete the renovation of this park including resurfacing of half-basketball court, retaining wall around
parking lot, completing loop trail, painting restroom and replacing light fixtures.
Background
This park was renovated in 2000-2005, and a few items remain to complete implementation of the master plan
adopted in 2000.
Justification
Consistant with Goal #5 Valued Government Services: Provide positive recreation experiences through quality
111111 services, partnerships and facilities. Consistent with Comp. Park, Recreation and Open Space Plan and City
Comp Plan Goals. Other factors: Leisure, cultural opportunities for all. If not funded, the neighborhood
will be underserved.
Financial Sources and Uses (Amounts in Thousands)
Total
EY Request 2009 2010 2011 2012 2013 2014 Beyond
Capital Uses
Site Improvements 100.0 100.0
Total Uses 100.0 100.0
Capital Sources
CIP REET2 Revenues 100.0 100.0
Total Sources 100.0 100.0
Operating Needs
Other Operating Costs
W Total Operating
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Attachment E - Tudor Square Park
Parks - Planning & Development Priority#: 43
Project Title: Tudor Square Renovations Dept Project#:
Project ID: 163
Project Description
Installation of half court basketball or sport court at Tudor Square, Includes 0.1 FTE.
Background
The Tudor Square master plan includes a hard surface court, and would expand opportunities offered at the
park. Construction in 2014.
Justification
Consistent with Strategic Goal: Provide places for youth to engage in healthy activities.
Financial Sources and Uses (Amounts in Thousands)
Total
Request 2009 2010 2011 2012 2013 2014 Beyond
Capital Uses
Site Improvements 100.0
100.0
Vehicles, Equipment& Other
Total Uses 100.0 00
100.0
Capital Sources
Youth &Teen Revenues
CIP REET2 Revenues 100.0 100.0
Total Sources 100.0 100.0
Operating Needs
Salaries and Benefits
Total Operating
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Attachment F - Panther Lake PAA
1hk Parks - Planning & Development Priority#: 48
Project Title: Panther Lake PAA Park Acquisition Dept Project#:
Project ID: 102
Project Description
Acquisition of property in the future Panther Lake annexation area to provide a neighborhood park.
Background
City would like to provide neighborhood parks at our level of service for the Panther Lake annexation area.
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Justification
Consistent with Goal#5 Valued Govt. Services: Provide positive recreation experiences through Quality
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Services, Partnerships and Facilities. Consistent with Comp. Park, Recreation and Open Space Plan and City
Comp Plan Goals. Other factors: Leisure, cultural opportunities for all. If not funded, the neighborhood
will be underserved, City Plan projects that recent annexations will have a 50% increase in population from
1990_to 2010; former City Limit increase projected to be 59%.
Financial Sources and Uses (Amounts in Thousands)
® Total
Request 2009 2010 2011 2012 2013 2014 Beyond
Capital Uses
Land,Land Rights 1,000.0 1,000.0
Total Uses 1,000.0 1,000.0
Capital Sources
WA State Grant 500.0 500.0
King County Grant 500.0 500.0
Donations/Contributions
CIP Revenues
Total Sources 1,000.0 1�000,0
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Attachment G - Springwood Park
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Parks - Planning & Development Priority#: 42
Project Title: Springwood Park Improvements Dept Project M
Project ID: 85
Project Description
Apply for Block Grant to resurface the court and replace site furniture, provide replacement play equipment
and other amenities in 2010.
Background
This park is heavily used. It is anticipated that this park will be'showing wear and tear by the years
indicated and will need renovation.
Justification
Consistent with Strategic Goal: Provide places for youth to engage in healthy activities.
Financial Sources and Uses (Amounts in Thousands)
Total
Request 2009 2010 2011 2012 2013 2014 Beyond
Capital Uses
Site Improvements 65.0 65.0
Total Uses 65.0 65.0
Capital Sources
Other Grant 65.0 65.0
Total Sources 65.0 65.0
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Other Operating Costs
Total Operating
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Kent City Council Meeting
Date March 3, 2009
Category Consent Calendar - 6K
1. SUBJECT: WASHINGTON STATE DEPARTMENT OF COMMUNITY, TRADE AND
ECONOMIC DEVELOPMENT REIMBURSABLE GRANT AGREEMENT
FOR CLARK LAKE PARK - ACCEPT
2. SUMMARY STATEMENT: Accept the Washington State Department of
Community, Trade and Economic Development Grant of $492,500 to support land
acquisition at Clark Lake Park, and reimburse the Land Acquisition Budget.
In 2005, staff submitted a grant to the Washington State Department of
Community, Trade and Economic Development and received notice of award. The
$492,500.00 will reimburse the purchase of property at Clark Lake Park that could
provide a future retreat center on the site.
3. EXHIBITS: Contract
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
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
iDISCUSSION:
ACTION:
Washington State Department of Community, Trade, and Economic Development
Local Government Division
Community Development Programs Unit
Capital Programs
CONTRACT FACE SHEET
1. GRANTEE NAME/ADDRESS: 2. CONTRACT NUMBER: 3, CONTRACT AMOUNT:
City of Kent
220 4th Ave s 06-96100-412 $492,500.00
Kent,WA 98032.5895
4. GRANTEE CONTACT-PERSON, NAME/TITLE, PHONE: 5. CDBG STAFF CONTACT, NAME:
Lori Flemm Sheryl Reed
(253)856-6112
6, DATE APPLICATION SUBMITTED: 7, CONTRACT START DATE: 8. CONTRACT END DATE:
N/A 6/30/2011
9. FUNDING AUTHORITY:
Washington State Department of Community, Trade and Economic Development (hereinafter
known as the "DEPARTMENT") __ _ i
10. STATE AND FEDERAL"BARS" CODE: 11. CATALOG OF FEDERAL DOMESTIC ASSISTANCE(CFDA): j
N/A _ -- N/A
12. SERVICE AREA: 13. COUNTIES: 14, NUMBER OF PAGES IN
(BY LEGISLATIVE DISTRICT): 47 CONTRACT DOCUMENT:
King 16
15: TIN: 16. SUBRECIPIENT OR PARTICIPATING ENTITIES:
91-6001254
17, PURPOSE FOR AWARDED FUNDS:
Funds from this grant will be used to purchase 3.5 acres of land and the current single-family home on the site and utilize that home as a retreat
center for community use.
The property acquisition closed on July 31, 2007.
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The DEPARTMENT and CONTRACTOR acknowledge and accept the terms of this CONTRACT and attachments and have executed this
CONTRACT on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this CONTRACT are
governed by this CONTRACT and the following other documents incorporated by reference,where applicable: CONTRACT Terms and Conditions
including Attachment"A"Project Budget,Attachment"B"Certification of the Availability of Funds to Complete the Project,Attachment"C"Project
Scope of Work,Attachment•"D"Certification of the Payment and Reporting of Prevailing Wages,Attachment"E"Certification of Intent to Enter the
Leadership in Energy and Environmental Design(LEED)Certification Process,
FOR THE DEPARTMENT: FOR THE GRANTEE:
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Karen J. Larkin, Assistant Director —
Local Government Division Jeff Watling Dir. Parks, Rec. & Comm. Sry `
DATE City of Kent
APPROVED AS TO FORM: DATE T_
Assistant Attorney General
DATE ---
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STATE OF WASHINGTON
DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT
LOCAL/COMMUNITY PROJECTS PROGRAM
CAPITAL CONTRACT NUMBER 06-96100-412
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THIS CONTRACT, entered into by and between the City of Kent(a unit of local government
hereinafter referred to as the CONTRACTOR), and the Washington State Department of
Community, Trade and Economic Development(hereinafter referred to as the DEPARTMENT), 1
WITNESSES THAT:
WHEREAS,the DEPARTMENT has the statutory authority under RCW 43,330.050 (5)
to cooperate with and provide assistance to local governments,businesses, and
community-based organizations; and
WHEREAS,the DEPARTMENT is also given the responsibility to administer state funds
and programs which are assigned to the DEPARTMENT by the Governor or the
Washington State Legislature; and
WHEREAS,the Washington State Legislature has, in Laws of 2005, Chapter 488,
Section 131,made an appropriation and a reappropriation in Laws of 2007, Chapter 520,
Section 1015 to support the Local/Community Projects Program, acid directed the
DEPARTMENT to administer those funds; and
WHEREAS,the enabling legislation also stipulates that the CONTRACTOR is eligible to
receive funding for acquisition, construction, or rehabilitation(a venture hereinafter
referred-to as the "Project").
NOW, THEREFORE, in consideration of covenants, conditions,performances, and promises
hereinafter contained,the parties hereto agree as follows:
1. FUNDING
The funds awarded to the CONTRACTOR hereunder shall be a sum up to, but not to
exceed$492,500.00. The DEPARTMENT has retained the amount of$7,5.00.00 for
costs directly associated with managing the completion of this contract.
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2. SERVICE PROVISIONS'
a) Funds awarded under this contract shall be used solely and specifically for capital
construction costs associated with the Clark Lake Park and Retreat Center, as
contemplated in Laws of 2005, Chapter 488, Section 131 and in Laws of 2007,
Chapter 520, Section 1015.
b) The CONTRACTOR shall perform in accordance with the terms and conditions
of this contract and the following attachments which, by this reference, are made a
part of this contract:
ATTACHMENT A(Project Budget)
ATTACHMENT B (Certification of the Availability of Funds to Complete
the Project)
ATTACHMENT C (Project Scope of Work)
ATTACHMENT D (Certification of the Payment and Reporting of
Prevailing Wages)
ATTACHMENT E (Certification of Intent to Enter the Leadership in
Energy and Environmental Design Certification Process)
3. SPECIAL CONDITION(S�
None.
4. CONTRACT PERIOD
a) The effective date of this contract shall be the date of the last•signature of the
contracting parties.
b) Unless terminated earlier pursuant to Section 9, 12, or 29,hereof,the termination
date shall be June 30, 2011.
.5. CERTIFICATION OF FUNDS
a) The release of state funds under this contract is contingent upon the
CONTRACTOR certifying that it has expended or has access to funds from non-
state sources as set forth in ATTACHMENT B (CERTIFICATION OF THE
AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT), hereof. Such
non-state sources may consist of a combination of any of the following:
i) Eligible Project expenditures prior to the execution of this contract,
ii) Cash dedicated to the Project.
iii) Funds available through a letter of credit or other binding loan
commitment(s)'.
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iv) Pledges from foundations or corporations.
v) Pledges from individual donors.
vi) The value of real property when acquired solely for the purposes of this I
Project, as established and evidenced by a current market value appraisal
performed by a licensed,professional real estate appraiser, or a current
property tax statement. The DEPARTMENT will not consider appraisals
for prospective values of such property for the purposes of calculating the
amount'of non-state matching fund credit.
vii) In-kind contributions, subject to the DEPARTMENT'S approval.
b) The CONTRACTOR shall maintain records sufficient to evidence that it has
access to or has expended funds from such non-state sources, and shall make such
records available for the DEPARTMENT'S review upon reasonable request.
6. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT
The CONTRACTOR may be reimbursed, at the rate set forth elsewhere in this contract,
for Project expenditures in the following cost categories:
a) Real property, and costs directly associated with such purchase, when purchased k
or acquired solely for the purposes of the Project;
b) Design, engineering, architectural, and planning;
c) Construction management and observation(from external sources only); V
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d) Construction costs including, but not limited to, the following: f
Site preparation and improvements;
Permits and fees; C
Labor and materials;
Taxes on Project goods and services;
Capitalized equipment;
Information technology infrastructure; and
Landscaping.
7. REIMBURSEMENT PROVISIONS
a) Payments to the CONTRACTOR shall be made on a reimbursement basis only.
For the purposes of this contract, reimbursement shall be construed to mean costs '
incurred and paid, or costs incurred and payable within thirty.(30) days.
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b) The DEPARTMENT shall reimburse the CONTRACTOR for one-hundred
percent (100%) of eligible Project expenditures, up to the maximum payable
under this contract. When requesting reimbursement-for costs incurred or
expenditures made,the CONTRACTOR shall submit to the DEPARTMENT a
signed and completed Invoice Voucher(Form A-19), referencing the Project
activity performed, and any appropriate documentation. The voucher must be
certified by an official of the CONTRACTOR with authority to bind the
CONTRACTOR. The final voucher shall be submitted to the DEPARTMENT
within fifteen(15) days following the completion of work or other termination of
this contract.
c) Each request for payment must be accompanied by a Project Status Report, which
describes, in narrative form,the progress made on the Project since the last
invoice was submitted, as well as a report of Project status to date. The
DEPARTMENT will not release payment for any reimbursement request received
unless and until the Project Status Report is received.
d) After approving the Invoice Voucher and Project Status Report,the
DEPARTMENT shall promptly remit a warrant to the CONTRACTOR.
e) The CONTRACTOR shall not submit invoices more than once monthly.
8. EVALUATION AND MONITORING
a) The CONTRACTOR shall cooperate with and freely participate-in any monitoring
or evaluation activities conducted by the DEPARTMENT that are pertinent to the
intent of this contract, including periodic site inspections.
b) The CONTRACTOR shall provide the DEPARTMENT with photographs, either
hard copy or electronically, which depict visually the progress made on the
Project. Such photographs shall be submitted to the DEPARTMENT at the
inception of the Project,upon 50 percent of completion, and upon completion, as
applicable.
c) The DEPARTMENT or the State Auditor and any of their representatives shall
have full access to and the right to examine during normal business hours and as
often as the DEPARTMENT or the State Auditor may deem necessary, all the
CONTRACTOR'S records with respect to all matters covered in this contract.
Such representatives shall be permitted to audit, examine, and make excerpts or
transcripts from such records and to make audits of all contracts, invoices,
materials, payrolls, and records of matters covered by this contract. Such rights
last for six (6)years from the date final payment is made hereunder.
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9. NONDISCRIMINATION PROVISION
a) During the performance of this contract,the CONTRACTOR shall abide by all
applicable federal and state nondiscrimination laws and regulations, including, but
not limited to Chapter 49.60 RCW(Washington's Law Against Discrimination)
and 42 U.S.C. 12101 et. seq. (the Americans With Disabilities Act [ADQ.
b) The CONTRACTOR shall make the Project facilities available to the public in a
manner that assures.fair, equal, and non-discriminatory treatment to all persons
without regard to race, color,•religion, sex, age, or national origin. No person
shall be refused service, be given discriminatory treatment,be denied any
privilege, use of facilities, or participation in activities on account of race, color,
religion, sex,*or the presence of a sensory, mental, or physical handicap, or be
required to participate in any religious worship, exercise or instruction. The funds
provided under this contract shall not be used to fund religious worship, exercise,
or instruction.
c) In the event of the CONTRACTOR'S noncompliance or refusal to comply with
any nondiscrimination law, regulation, or policy,this contract may be rescinded,
canceled, or terminated in whole or in part, and the CONTRACTOR may be
declared ineligible for further contracts with the DEPARTMENT. The
CONTRACTOR shall,however, be given a reasonable time in which to remedy 4
any such noncompliance. Any dispute may be resolved in accordance with the
"Disputes"procedure set forth in Section 23 of this contract.
10. CONTRACT MODIFICATIONS
The DEPARTMENT and the CONTRACTOR may, from time to time, desire to make
changes to this contract. Any such changes that are mutually agreed upon by the
DEPARTMENT and the CONTRACTOR shall be incorporated herein by written
amendment. It is mutually agreed and understood that, except for the budget
modifications described in Section 11 of this contract, no alteration or variation of the
terms of this contract shall be valid unless made in writing and signed by the parties
hereto, and that any oral•understanding or agreements not incorporated herein shall not be
binding.
11. MODIFICATIONS TO THE PROJECT BUDGET
a) Notwithstanding any other provision of this contract; the CONTRACTOR may, at
its discretion,make modifications not to exceed fifteen percent(15%) of each line
item in the Project Budget(Attachment A), hereof.
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b) The CONTRACTOR shall notify the DEPARTMENT in writing when malting
any budget modification or modifications that would exceed fifteen percent(15%)
of any budget line item. Any such request shall require the written approval of the
DEPARTMENT,•and any such modifications shall be made in writing and signed
by both parties, and attached to the Project Budget(Attachment A),hereof.
c) Nothing in this section shall be construed to permit an increase in the amount of
funds available for the Project, as set forth in Section 1 of this contract.
12. TERMINATION OF CONTRACT
a) If,through any cause, the CONTRACTOR shall fail to fulfill in a timely and
proper manner its obligations under this contract or if the CONTRACTOR shall
violate any of its covenants, agreements or stipulations of this contract, the
DEPARTMENT shall thereupon have the right to terminate this contract and
withhold the remaining allocation if such default or violation is not corrected
within twenty (20) days after the DEPARTMENT'S submitting written notice to
the CONTRACTOR describing such default or violation;Provided,that if more
than twenty (20) days are required to correct any such default or violation and the
CONTRACTOR has initiated appropriate corrective measures as reasonably
determined by the DEPARTMENT, the DEPARTMENT will not terminate this
CONTRACT for such default or violation.
b) Notwithstanding any provisions of this contract, either party may terminate this
contract by providing the other party with written notice of such termination,
specifying the effective date thereof, at least thirty (30) days prior to such date.
c) In the event this contract is terminated,the CONTRACTOR shall be reimbursed•
for eligible expenses incurred prior to the effective date of such termination and
not otherwise paid for by the DEPARTMENT, as the DEPARTMENT reasonably
determines.
d) In the event funds are not reappropriated for this Project in the 2009 -2011
biennial budget, this contract shall terminate on June 30, 2009.
13. SPECIAL PROVISION
The DEPARTMENT'S failure to insist upon the strict performance of any provision of
this contract or to exercise any right based upon a breach thereof or the acceptance of any
performance during such breach, shall not constitute a waiver of any right under this
contract.
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14. HOLD HARMLESS
a) It is understood and agreed that this contract is solely for the benefit of the'parties
hereto and gives no right to any other party. No joint venture or partnership is
formed as a result of this contract. Each party hereto agrees to be responsible and
assume liability for its own negligent acts or omissions, or those of its officers, j
agents, or employees to the fullest extent required by law, and agrees to save,
indemnify, defend, and hold the other party harmless from any such liability. In
the case of negligence of more than one party, any damages allowed shall be
levied in proportion to the percentage of negligence attributable to each party, and
each party shall have the right to seek contribution from the other party in
proportion to the percentage of negligence attributable to the other party. I
b) This indemnification clause shall also apply to any and all causes of action arising
out of the performance of work activities under this contract. Each contract for
services or activities utilizing funds provided in whole or in part by this contract
shall include a provision that the DEPARTMENT and the state of Washington are 4
not liable for damages or claims from damages arising from any subcontractor's
performance or activities under the terms of the contracts.'
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c) The CONTRACTOR shall defend, indemnify and save the DEPARTMENT, its I
officers, and employees harmless, from and against any and all claims, including
reasonable attorney fees,made by the CONTRACTOR, its subcontractors, their
employees and subcontractors, and any other persons, relating to the payment or
reporting of prevailing wages under RCW 39.04 or RCW 39.12.
15. RECAPTURE PROVISION
In the event that the CONTRACTOR fails to expend state funds in accordance.with state J
law and/or the provisions of this contract, the DEPARTMENT reserves the right to
recapture state funds in an amount equivalent to the extent of noncompliance.
Repayment by the CONTRACTOR of state funds under this recapture provision shall
occur within thirty (30) days of demand. In the event that the DEPARTMENT is required
to institute proceedings to enforce this recapture provision, the DEPARTMENT shall be
entitled to its cost thereof, including reasonable attorney's fees.
16. OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The DEPARTMENT makes no claim to any real property improved or constructed with
funds awarded under this contract and does not assert and will not acquire any ownership
interest in or title to the capital facilities and/or equipment constructed or purchased with
state funds under this contract. This provision does not extend to claims that the
DEPARTMENT may bring against the CONTRACTOR in recapturing funds expended in
violation of this contract.
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17. RELATIONSHIP BETWEEN THE PARTIES
The CONTRACTOR and its employees or agents performing under this contract are not
deemed to be employees of the DEPARTMENT nor agents of the DEPARTMENT in any
manner whatsoever, nor will they hold themselves out as nor claim to be officers or
employees of the DEPARTMENT or of the slate of Washington hereof and will not make
any claim, demand, or application to or for any right or privilege applicable to an officer
or employee of the DEPARTMENT or of the state of Washington.
18. GOVERNING LAW AND VENUE
This contract shall be construed and enforced in accordance with, and the validity and
performance hereof shall be governed by, the laws of the state of Washington. Venue of
any action at law between the parties arising out of this contract shall be the superior
court of Thurston County, Washington.
19, SEVERABILITX
In the event any term or condition of this contract or application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other terms, conditions, or
applications of this contract that can be given effect without the invalid term, condition,
or application. To this end the terms and conditions of this contract are declared
severable.
20. REDUCTION IN FUNDS
In the event state funds appropriated for the work contemplated under this contract are
withdrawn, reduced, or limited in any way by the Governor or the Washington State
Legislature during the contract period,the parties hereto shall be bound by any such
revised funding limitations as implemented at the discretion of the DEPARTMENT, and
shall meet and renegotiate the contract accordingly.
21. ENTIRE AGREEMENT
This contract and all attachments hereto contain all the terms 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 hereto.
22. SIGNAGE MARKERS AND PUBLICATIONS
If, during the period covered by this contract,the CONTRACTOR displays or circulates
any communication, publication, or donor recognition identifying the financial
participants in the Project, any,such communication or publication must identify"The
State of Washington" as a participant.
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23. DISPUTES
Except as otherwise provided in this contract, when a bona fide dispute arises between
the parties and it cannot be resolved through discussion and negotiation, either party may
request a dispute hearing. The parties shall select a dispute resolution team to resolve the
dispute. The dispute resolution team shall consist of a representative appointed by the j
DEPARTMENT, a representative appointed by the CONTRACTOR, and a third party
mutually agreed upon by both parties. The dispute resolution team shall attempt,by
majority vote,to resolve the dispute. The parties agree that this dispute process shall
precede any action in a judicial or quasi judicial setting.
24. REGULATION COMPLIANCE
The CONTRACTOR shall be responsible for obtaining all necessary licenses and
permits, and for complying with any federal, state and municipal laws, codes, and
regulations applicable to the project funded'by this contract.
25. PREVAILING WAGE LAW
The Project funded under this contract maybe subject to state prevailing wage law
(Chapter 39.12 RCW). The CONTRACTOR is advised to consult the Industrial
Statistician at,the Washington Department of Labor and Industries to determine whether
prevailing wages must be paid. The DEPARTMENT is not responsible for determining
whether prevailing wage applies to this Project or for any prevailing wage payments that
may be required by law.
26. CHANGE OF OWNERSHIP OR USE FOR CONTRACTOR-OWNED PROPERTY
a) The CONTRACTOR understands and agrees that any and all real property or
facilities owned by the CONTRACTOR that are acquired, constructed, or
otherwise improved by the CONTRACTOR using state funds under this contract
shall be held and used by the CONTRACTOR for the purpose or purposes stated l
elsewhere in this contract for a period of at least ten(10)years from the date the
final payment is made hereunder.
f
b) This provision shall not be construed to prohibit the CONTRACTOR from selling
any property or properties described in this section; Provided, that any such sale
shall be subject to prior review and approval by the DEPARTMENT, and that all
proceeds from such sale shall be applied to the purchase price of a different
facility or facilities of equal or greater value than the original facility and that any
such new facility or facilities will be used for the purpose or purposes stated
elsewhere in this contract,
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c) In the event the CONTRACTOR is found to be out of compliance with this
section,the CONTRACTOR shall repay to the state general fund the principal
amount of the grant as stated in Section 1,hereof,plus interest calculated at the
rate of interest on state of Washington general obligation bonds issued most
closely to the effective date of the legislation in which the subject facility was
authorized. Repayment shall be made pursuant to Section 15 (Recapture
provision).
27. CHANGE OF USE FOR LEASED PROPERTY
a) The CONTRACTOR understands and agrees that any facility leased by the
CONTRACTOR that is constructed,renovated, or otherwise improved using state
funds under this contract shall be used by the CONTRACTOR for the purpose or
purposes stated elsewhere in this contract for a period of at least ten(10)years
from the date the final payment is made hereunder.
b) In the event the CONTRACTOR is found to be out of compliance with this
section, the CONTRACTOR shall repay to the state general fund the principal
amount of the grant as stated in Section 1,hereof, plus interest calculated at the
rate of interest on state of Washington general obligation bonds issued most
closely to the effective date of the legislation in which the subject facility was
authorized. Repayment shall be made pursuant to Section 15 (Recapture
Provision).
28. HISTORICAL AND CULTURAL ARTIFACTS
In the event that historical or cultural artifacts are discovered at the Project site during
construction,the CONTRACTOR shall immediately stop construction and notify the
local historical preservation officer and the state historical preservation officer at the
Washington State Department of Archaeology and Historic Preservation.
29. REAPPROPRIATION
a) The parties hereto understand and agree that any state funds not expended by
June 30, 2009; will lapse on that date unless specifically reappropriated by the
Washington State Legislature. If funds are so reappropriated, the state's obligation
under the terms of this contract shall be contingent upon the terms of such
reappropriation.
b) In the event any funds awarded under this contract are reappropriated for use in a
future biennium,the DEPARTMENT reserves the right to assign a reasonable
share of any such reappropriation for administrative costs.
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30. SURVIVAL
a) The terms and conditions contained in this contract that by their sense and context
are intended to survive the termination of this contract, including Sections 14
(Hold Harmless), 15 (Recapture Provision), 18 (Governing Law and Venue), 22
(Signage, Markers and Publications), 23 (Disputes), 26 (Change of Ownership or
Use for Contrdctor-Owned Property) and 27 (Change of Use for Leased Property),
shall so survive.
31. ADMINISTRATION
a) The CONTRACTOR'S representative shall be Perry Brooks.
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b) The DEPARTMENT'S representative shall be Daniel Aarthun.
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ATTACHMENT A
PROJECT BUDGET
Line Item Amount
Site Acquisition $1,540,000.00
Architecture& Engineering $0.00
Construction $0.00
Capitalized Equipment $0.00
Construction Management $0.00
.Title Report and Closing Costs $15,380.00
Total Contracted Amount: $1,555,380.00
The CONTRACTOR,by its signature, certifies that the'Project Budget set forth above has been
reviewed and approved by the CONTRACTOR'S governing body or board of directors, as
applicable, as of the date and year written below.
CONTRACTOR
TITLE
DATE
12
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ATTACHMENT B
CERTIFICATION OF THE AVAILABILITY OF FUNDS j
TO COMPLETE THE PROJECT
Non-State Funds Amount Total
Land &Water Conservation Funds $250,000.00
King County Conservation Futures $720,000.00 j
City of Kent $92,880:00
Total Non•-State Funds $1,062,880.00 $102,880.00
State Funds
2007-2009 State Capital Budget $492,500.00 $492,500,00
Total Non-State and State Sources $1,555,380.00
CERTIFICATION
The CONTRACTOR, by its signature, certifies that project funding from sources other than f
those provided by this contract and identified above has been reviewed and approved by the
CONTRACTOR'S governing body or board of directors, as applicable, and has either been
expended for eligible Project expenses, or is committed in writing and available and will remain
committed and available solely and specifically for carrying out the purposes of this Project as
described in elsewhere in this contract, as of the date and year written below. The
CONTRACTOR shall maintain records sufficient to evidence that it has expended or has access
to the funds needed to complete the Project, and shall make such records available for the
DEPARTMENT'S review upon reasonable request.
CONTRACTOR
TITLE I
DATE
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ATTACHMENT C
PROJECT SCOPE OF WORK
PROJECT SUMMARY
Funds from this grant will be used to purchase 3.5 acres of land and the current single-family
home on the site and utilize that home as a retreat center for community use.
The property acquisition closed on July 31, 2007.
The CONTRACTOR,by its signature, certifies that the declaration set forth above has been
reviewed and approved by the CONTRACTOR'S governing body as of the date and year written
below.
CONTRACTOR
TITLE
DATE
14
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ATTACHMENT D
CERTIFICATION OF THE PAYMENT AND REPORTING
OF PREVAILING WAGES
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CERTIFICATION
The CONTRACTOR,by its signature, certifies that all contractors and subcontractors
performing work on the Project shall comply with prevailing wage laws set forth in Chapter
39.12 RCW, as applicable to the Project funded by this contract, including but not limited to the
filing of the"Statement of Intent to Pay Prevailing Wages" and"Affidavit of Wages Paid" as
required by RCW 39.12.040. The CONTRACTOR shall maintain records sufficient to evidence 1
compliance with Chapter 39.12 RCW, and shall make such records available for the
DEPARTMENT'S review upon request.
The CONTRACTOR,by its signature, certifies that the declaration set forth above has been
reviewed and approved by the CONTRACTOR'S governing body as of the date and year written
below. I
Y,
CONTRACTOR �Q• . `'
V
TITLE
DATE
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ktw-r+.fio-, DA"
15
ATTACHMENT E
CERTIFICATION OF INTENT TO ENTER THE LEADERSHIP IN ENERGY AND
ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS
CERTIFICATION
The CONTRACTOR, by its signature, certifies that it will enter into the Leadership in Energy
and Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to
the Project funded by this contract. The CONTRACTOR shall, upon receipt of LEED
certification by the United States Green Building Council, provide documentation of such
certification to the DEPARTMENT.
The CONTRACTOR, by its signature, certifies that the declaration set forth above has been
reviewed and approved by the CONTRACTOR'S governing body or board of directors, as
applicable, as of the date and year written below.
CONTRACTOR
TITLE
DATE
16
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Kent City Council Meeting
Date March 3, 2009
Category Consent Calendar - 6L
1. SUBJECT: BARGHAUSEN BRANCH OFFICE REMODEL BILL OF SALE - ACCEPT
' 2. SUMMARY STATEMENT: Accept the Bill of Sale for Barghausen Branch
Office Remodel for 3 gate valves, 1 hydrant, and 74 linear feet of watermains.
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3. EXHIBITS: Bill of Sale
I4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
ENT
WASHINGTON
MAIL TO:
ENGINEERING DEPARTMENT
ATTN: Jim Ausburn
220 4'AVENUE SOUTH
DENT,WASHINGTON 98032
PROJECT: Bamhausen Branch
LOCATION: 7115 S. 182❑d Street
TAX ACCT NO: 640760-0160
BILL OF SALE
CITY OF KENT
KING COUNTY,WASHINGTON
THIS INSTRUMENT made this 12th day of December 2008 , by
and between Barghausen Consultuig Engineers,Inc. ,
hereinafter called"Grantors",and City of Kent, a municipal corporation of King County, State of
Washington,hereinafter called"Grantee":
WITNESSETH:
That the said Grantors for a valuable consideration, does hereby grant,bargain, sell to
Grantee the following described improvements:
A. WATERMAINS: together with a total of 3 gate valves at$ 800.00
each, 1 hydrants at$4,000.00 each and/or any other appurtenances thereto.
ON FROM TO
(street, esmt, ete)Existing Easement Recording No. 990106246 Building Site
Including 74 linear feet at$35.00 per LF of 8-Inch Ductile Iron
(size&type) waterline.
B. SANITARY SEWERS: Together with a total of 0 manholes at
$0 each and/or any other appurtenances thereto.
1 of 4
Bill of Sale 13226.004.doo
ON FROM TO
(street, esmt, etc)
Including 0 linear feet at$0 per LF of 0
(size& type) Isewer line.
C. STREETS: Together with curbs, gutters, sidewalks, and/or any other appurtenances
thereto.
ON FROM TO
(street, esmt, etc)
Including 0 centerline LF at$0 per LF of 0
(type) streets, Feet asphalt roadway.
A STORM SEWERS: Together with a total of 0 manholes at$0
each or a total of 0 catch basins at$0 each, 0 LF of
blofiltration swale or drainage ditch with a total cost of$0 0 CF of
detention pond storage with a total cost of$0 , and/or any other
appurtenances thereto.
ON FROM TO
(street, esmt, etc) _
Including 0 linear feet at$0 per LF of 0
(size & type) sewer line.
To have and to hold the same to the said Grantee,its successors and assigns forever.
The undersigned hereby covenants that it is the lawful owner of said property; and that the 1
same is free from all encumbrances; that all bills for labor and material have been paid;
that it has the right to sell the same aforesaid; that it will warrant and defend the same
against the lawful claims and demand of all person.
The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its
successors and assigns to incorporate said utilities in its utility system and to maintain them
as provided in the applicable City Ordinances.
IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on
this day of ,20 00
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Bill of Sale 13226,004.doc
STATE OF WASHINGTON )
) SS
COUNTY OF IU NG )
On this aC&\ day of� .�(,� Q�,20 c ,before me,the
undersigned A Notary Public in and for the State of Washington, duly commissioned and
sworn,Personally appeared �`_j to me known to be the
individual described in and who executed the foregoing instrument, and acknowledged to
me that helshe.signed and sealed this instrument as ItWher free and voluntary act and deed
for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this aCV��day of�NDr-y\kn t-20 n'�(
64a 4 1 r
k�V�/�,�¢)iy7� ` 1'l._f�.�t_l 1?-X \1\ l!��.�}��.•l
� Public
1(-•. ;_ -;_ _„'< , ���6 .� ,;�, Notary PnU11c in and for the
y, t�-=w<'` ;, ^.rL ,,� State of Washington,residing at
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My Commission Expires:
4Lk�
The Bill of Sale is given and accepted pursuant to a motion duly made,seconded, and
passed by the City Council of the City of Kent,King County,Washington, on the
day of ,20
3 of 4
Bill of Sale 13226.004.doc
ADDENDUM TO BILL OF SALE
CITY OF IKENT
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The figures used on the Bill of Sale for Barghausen Branch
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project dated August 19,2008 , were
based on the"As-Built"Engineering Plans dated December 12,2008 , for
the same said Barghausen Branch project.
Bagy J.Talkuigton,P.E. the
undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill
of Sale and is an employee of Barghausen Consulting Engineers,Inc, , the firm
responsible for the preparation of the "As-Built"Engineering Drawings.
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Sig atur
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Bill of Sale 13226.004.doe
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Kent CityCouncil Meeting
9
Date March 3, 2009
Category Consent Calendar - 6M
1. SUBJECT: LODGING TAX ADVISORY COMMITTEE APPOINTMENT - CONFIRM
�04
I 2. SUMMARY STATEMENT: Confirm the NIafor's re-appointment of Jacquie
Alexander to the Lodging Tax Advisory Committee.
She will continue to fill this position on the Lodging Tax Advisory Committee which
represents persons working in activities funded by Lodging Tax and her term will
expire on December 31, 2011.
3. EXHIBITS: Memorandum
4. RECOMMENDED BY: Mayor Cooke
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No X
6. CITY COUNCIL ACTION:
' Councilmember moves, Councilmember seconds
IDISCUSSION:
ACTION:
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ECONOMIC DEVELOPMENT
Ben Wolters, Director
® Phone: 253-856-5710
KENT Fax: 253-856-6700
WASHINGTON
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
TO: Debbie Raplee, Council President
City Council Members
FROM: Suzette Cooke, Mayor
DATE: February 26, 2009
RE: Appointment to Lodging Tax Advisory Committee
I am requesting your approval of my appointment of Jacquie Alexander to the Lodging
Tax Advisory Committee.
Ms. Alexander is the Executive Director for Kent Downtown Partnership and a long
time member of the Lodging Tax Advisory Committee. As Executive Director of Kent
Downtown Partnership Ms. Alexander will fill one of the positions on the Lodging Tax
Advisory Committee which represents persons in activities funded by lodging Tax
monies.
Ms. Alexander would like appointment to the Lodging Tax Advisory Committee with
this appointment Ms. Alexander's term will expire December 31, 2011.
I submit this for your confirmation.
Kent City Council Meeting
Date March 3, 2009
Category Consent Calendar - 6N
1. SUBJECT: DRINKING DRIVER TASK FORCE APPOINTMENTS - CONFIRM
2. SUMMARY STATEMENT: Confirm the Mayor's re-appointment of Becky
Hanks, Gina Beretta and Mary Lou Becvar to the Kent Drinking Driving Task Force.
Each of these members will continue their service with the DDTF, their new terms
will expire January 1, 2012.
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3. EXHIBITS: Memorandum
4. RECOMMENDED BY: Mayor Cooke
(Committee, Staff, Examiner, Commission, etc.)
S. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No X
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
OFFICE OF THE MAYOR
Suzette Cooke, Mayor
Phone:253-856-5700
Fax: 253-856-6700
Address: 220 Fourth Avenue S.
KEN T Kent,WA 98032-5895
WASHINGTON
DATE: March 3, 2009
TO: Debra Raplee, Council President
City Council Members
FROM: Suzette Cooke, Mayor
RE: Drinking Driver Task Force Re-Appointments
I am requesting your approval of my re-appointment of Becky Hanks, Gina Beretta
and Mary Lou Becvar to the Kent Drinking Driver Task Force. All three of these
individuals have made significant contributions to the DDTF and wish to continue
their service.
Becky Hanks is the Executive Director of Community Connections for the Kent
School District. In that role, she has played a vital link with the Kent School District
and the DDTF. Becky has volunteered her time to the Kent Drinking Driver Task
Force more than five years. Ms. Hanks' additional term will expire January 1, 2012.
Gina Beretta is the Region 10 program manager with the National Highway Traffic
Safety Administration. Prior to NHTSA, Gina worked with the Washington Traffic
Safety Commission and has had close ties with the Drinking Driver Task Force for
over 10 years. It is a pleasure to recommend Ms. Beretta for an additional term
that will expire January 1, 2012.
Mary Lou Becvar is a long-time Kent resident and is deeply involved in her
community. Mary Lou continues to be a valuable asset to the Drinking Driver Task
Force; she often volunteers at various community events and has been a supporter
since the inception of the DDTF. It is my pleasure to re-appoint Mary Lou and I
thank her for her continued interest in Kent. Mary Lou's additional term will expire
January 1, 2012.
Thank you for your consideration and I submit these appointments for your
confirmation.
' Kent City Council Meeting
Date March 3, 2009
Category Consent Calendar - 60
1 1. SUBJECT: BICYCLE ADVISORY BOARD APPOINTMENT - CONFIRM
2. SUMMARY STATEMENT: Confirm the Mayor's re-appointment of Mel
Roberts, Bill Miller and Dr. Samuel Hartt to the Kent Bicycle Advisory Board. Their
terms will expire on December 31, 2010.
3. EXHIBITS: Memorandum
1 4. RECOMMENDED BY: Mayor Cooke
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No X
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
tDISCUSSION:
ACTION:
OFFICE OF THE MAYOR
Suzette Cooke, Mayor
Phone: 253-856-5700
Fax: 253-856-6700
® Address: 220 Fourth Avenue S.
KEN T Kent,WA 98032-5895
WASH I N G T O N
TO: Debbie Raplee, Council President
City Council Members
FROM: Suzette Cooke, Mayor
DATE: March 3, 2009
RE: Re-Appointments to Kent Bicycle Advisory Board
I am requesting your approval of my re-appointment of Mel Roberts, Bill Miller and Dr.
Samuel Hartt to the Kent Bicycle Advisory Board.
Mel grew up riding a bicycle in the small town of Gregory, South Dakota. He did some
commuting and riding with his sons, while they were in elementary school. Fast forward to
1997, Mel's son Brent was training for the Seattle-to-Portland (STP) and invited him along
on a ride to remember. Mel remembered how much fun it was to ride, and has since taken
to pedal in 5 STP events, 2 of the Seattle to Vancouver, BC rides and many local Cascade
Bicycle Club rides. In addition, Mel has also completed solo trips that include: a loop from
Anacortes-Vancouver Island-Vancouver-Bellingham, a trip down the Oregon coast, and a 3-
state loop near Washington, DC. Mel has a B.S. in Civil Engineering and has experience in
computing. He is actively involved in promoting more and better bicycle facilities in Kent
and the Puget Sound area and has been a member of KBAB Member since 2001. I am
pleased to re-appoint him to an additional term that will expire December 31, 2010.
Bill Miller is avid bicyclist, using his bike to get around town, as well as rides for fun. His
recreational rides have taken him through many scenic parks including Jasper, Banff,
Yellowstone, Yosemite, Death Valley and Mt. Rainier. Over the last 25 years, Bill has
voluntarily repaired and reconstructed bikes for many neighborhood kids and seniors in
need of a way of getting around. He is a retired USMC veteran, computer programmer, and
lifelong student who has read and spoken over 11 languages. He holds Bachelor's Degrees
in Forestry (Univ. of Washington), Biology, Botany, Geography, Psychology, and Education
(Central Washington Univ.). Bill has been a member of KBAB since 2002 and I am pleased
to re-appoint him to an additional term that will expire December 31, 2010.
Dr. Samuel Hartt has been a Cascade Bicycle Club (CBC) member since the early 1990's.
Sam has been cycling regularly since 1989, completing many CBC rides that include nine
(9) Seattle-to-Portland (STP) events. Sam logged over 3,500 miles last year alone! Sam
lived in Ecuador during most of the 1990s, and was an advisor to high school cycling clubs
during his time there. He has been involved in numerous workshops on bicycle safety and
maintenance. Dr. Hartt is currently employed with the Auburn School District where he
regularly commutes by bike. Sam has been KBAB Member since May 2007, and I am
pleased to re-appoint him to an additional term expiring December 31, 2010.
I submit this for your confirmation.
Kent City Council Meeting
Date March 3, 2009
Category Bids - 8A
1. SUBJECT: PEDESTRIAN SIDEWALK IMPROVEMENTS: SCHEDULE A:
MILITARY RD/S. 268T" ST. AND SCHEDULE B: SE 248T" ST./101ST
PL.
2. SUMMARY STATEMENT: The bid opening for this project was held on
February 24, 2009, with 15 bids received. The low bid was submitted by Sanders
General Construction in the amount of $87,690. The Engineer's estimate was
$153,431.
3. EXHIBITS: Public Works Memorandum dated 2/24/09
4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc.)
'i 5. FISCAL IMPACT
Expenditure? X Revenue?
Currently in the Budget? Yes X No
6. CITY COUNCIL ACTION:
�--//��
i Councilmember moves, Councilmember conds
to award the contract for the Pedestrian Sidewalk Improvements Schedule A:
Military Rd./S. 2681h St and Schedule B: SE 248th St./1015t PI. to Sanders General
Construction in the amount of $87,690.
DISCUSSION:
ACTION:
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PUBLIC WORKS DEPARTMENT
Larry R. Blanchard
Public Works Director
400 West Gowe
Kent, WA 98032
Fax: 253-856-6500
PHONE: 253-856-5500
Memorandum
Date: February 24, 2009
To: Mayor Cooke and Kent City Council
Through: Larry Blanchard, Public Works Director
From: Dennis Johnson, Project Engineer
Subject: Pedestrian Sidewalk Improvements Schedule A:
The Bid opening for this project was held on February 24, 2009 with 15 bids received. The
low bid was submitted by Sanders General Construction, in the amount of $87,690.00. The
Engineer's estimate was$153,431.00. The Public Works Director recommends awarding this
contract to Sanders General Construction.
Bid Summary
01.Sanders General Construction $87,690.00
02.Archer Construction $117,728.00
03.Merlino Bros. LLC $118,343.00
04.Road Construction NW $118,779.00
05.R.W. Scott Construction $127,704.00
06.Northwest Cascade $134,586.00
07.PGH Excavating, Inc. $142,225.05
08.Construct Co. $143,306.40
09.Dennis R. Craig Construction $146,370.12
10.GenCon Pacific, Inc. $154,145.80
11.RM Construction NW $162,867.91
12.Epic Construction $164,464.00
13.GMT Inc. $192,110.00
14.L.W. Sundstorm $194,892.00
15.Lloyd Enterprises $215,381.06
Engineer's Estimate $153,431.00
U:\PWC\Council Pkts 2009\2009\03 02 09 Pedestrian Sidewalk Improvements Schd A and B Accept.doc
City of Kent Public Works Department
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REPORTS FROM STANDING COMMITTEES AND STAFF
A. COUNCIL PRESIDENT
B. MAYOR �J 1 ¢
—n-e—U YL?-�— �// S c e.Q 6t ce-"-e_
C. OPERATIONS COMMITTEE
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D. PARKS AND HUMAN SERVICES COMMITTEE r V&t
E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE
Ce C C,
F. PUBLIC SAFETY COMMITTEE
i 3-10
G. PUBLIC WORKS
fH. ADMINISTRATION` _7
REPORTS FROM SPECIAL COMMITTEES
-I Ws T-uv�) W` �_
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KENT
W A S H I N O T O N
OPERATIONS COMMITTEE MINUTES
FEBRUARY 3, 209
Committee Members Present: Debbie Raplee, Tim Clark, and Les Thomas
The meeting was called to order by Tim Clark at 4:05 p.m.
1. APPROVAL OF MINUTES DATED JANUAY 20, 2009
Thomas moved to approve the minutes of the January 20, 2009 Operations
Committee meeting. Raplee seconded the motion, which passed -0.
2. APPROVAL OF VOUCHERS DATED JANUA Y 15, 2009
Finance Director Bob Nachlinger presented the vouchers for January 15, 2009 for
approval.
Raplee moved to approve the vouchers dated January 15, 2009. Thomas
seconded the motion, which passed 3-0.
3. 2008 YEAR END FINANCIAL. REPORT (INFORMATIONAL ONLY)
Finance Director Bob Nachlinger presented an overview of the 2008 Year End Financial
Report. Nachlinger noted that the year end report was not as good as hoped for. Some
issues having a negative effect on the 2008 budget; a shortfall in building permits and
plan check fees (pages 16 & 17), a year to date estimate of 81/2% below budget on sales
tax (page 12), and higher than expected expenditures due to the ice storms which drove
overtime, supplies and services costs up. Good news is that in December the City
received the first sales tax mitigation payment from the state in the amount of
$1,160,000. Nachlinger also noted that in regards to the expenditures related to the
storms, since the Governor and FEMA have declared a national emergency, the City is
hoping to be able to recover some of the related storm costs. Even though it won't be in
time to be considered in the 2008 Fiscal Year, it is a potential recovery of some of the
costs involved. Clark inquired as to any new major expenditures in 2009 that were not
in progress last year. Nachlinger responded that upcoming projects include:
renovations to the Aukeen Court, beginnings of the work at the East Hill Maintenance
Facility, street and sidewalk work downtown, and some utilities work on drainage.
Thomas inquired as to other budget options that staff in considering. City of Kent Mayor
Suzette Cooke advised that from the beginning the city has been proactively watching
and is continuing to tighten the budget. Cooke also advised that she and Chief
Administrative Officer John Hodgson have been meeting with all the directors and
coming up with a plan of action for each department that will become part of the full
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Operations Committee Minutes
February 3, 2009
Page: 2
picture. Thomas inquired as to where the Parks department revenue sources come from
during the winter time. Parks and Recreation Director Jeff Watling advised that the
Parks department manages to the net. They are continually managing expenditures so
that they know they are within their net operating budget. The Committee raised
additional questions which Nachlinger responded to.
Thfeting R 4:25 p.m.
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Nancy C ry
Operati s Committa Secretary
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City of Kent
`sz—;�KENT Parks and Human Services Committee Meeting
W-111 1.. Minutes of January 15, 2009
Call to Order: Elizabeth Albertson called the meeting to order at 5:00 p.m.
Council Committee Members Present: Tim Clark, Debbie Raplee attended the
meeting in absence of Debbie Ranniger, Elizabeth Albertson chaired the meeting.
Item #1: Meeting Minutes Dated November 20, 2008
Debbie Raplee moved to approve the minutes of November 20, 2008. Tim Clark
seconded and the motion passed 3-0.
Item #: Fourth Quarter Fee-In-Lieu Funds — Accept and Amend Budget
Between October and December 2008, the City of Kent received a total of
$80,615.00 from four developers who voluntarily paid fees in lieu of dedicating park
land to mitigate the development of single family homes in four subdivisions:
• Land Acquisition Budget: $8,025.00 from Frontier Bank
• 272"d Neighborhood Park Budget: $29,625.00 from Valley View Project
• Wilson Playfields Budget: $24,589.00 from Charter Homes, Inc.
• Lake Fenwick Park Budget: $18,376.00 from Landmark Homes Inc.
Tim Clark moved to recommend accepting $80,615.00 in fee-in-lieu funds for the
fourth quarter of 2008, and authorizing the expenditure of funds in the Park Land
Acquisition, Meadows Park, Lake Fenwick Park, Wilson Playfields, and 272nd St. Park
budgets. Debbie Raplee seconded and the motion passed 3-0.
Item #3: West Hill Project Update — Informational
On Tuesday, January 13, twenty citizens attended a public meeting at the Kent
Armory to get input and discuss the original West Hill Park Master Plan from 1996.
This 3-acre piece of property was purchased from the Seattle Water Department in
1995 and was part of the Corridor Project. The updated design will include the
military history of the park, as well as a parking lot, play equipment, trail, restroom
and picnic areas. If funded, the park will connect to Fenwick trail in Phase II. Staff
placed this project on the RCO list, awaiting the Federal Stimulus funding package.
Additional public meetings will be scheduled as funding is secured and the project
progresses.
Item #4: Conflict Public Defense Services Agreement No. One — Authorize
The City of Kent is required by statute to provide Conflict Counsel services for
individuals unable to afford legal representation when charged with a crime in Kent
Municipal Court and the Indigent Counsel has a conflict in representing said
individual. The City of Kent currently contracts with Jordan Law Offices for these
services. Staff recommends continuing to contract with this firm for 2009.
Debbie Raplee moved to recommend Council authorize the Mayor to execute
Agreement Amendment No. One with Jordan Law Offices for Conflict Public Defense
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Services. Tim Clark seconded and the motion passed 3-0.
Item #5: Public Defense Services Agreement Amendment No. Three —
Authorize
The City of Kent is required by statute to provide Indigent Counsel services for
individuals unable to afford legal representation when charged with a crime in Kent
Municipal Court. The City of Kent currently contracts with Stewart, Beall and
McNichols for these services. Staff recommends continuing to contract with this firm
for the next three years, from 2009 to 2011.
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Tim Clark moved to authorize the Mayor to execute Agreement Amendment Number
Three with Stewart, Beall and McNichols for Public Defense Services. Debbie Raplee
seconded and the motion passed 3-0.
Item #6. 2009 City Art Plan and Five Year City Art Plan 2009 — 2013 —
Approve
As part of the Five-Year Plan, the attached City Art Plan includes projects carried over
from 2008, project details for 2009, and art expenditures planned for 2009-2013.
The Visual Arts Committee worked with staff to construct the plan, approved by Kent
Arts Commission on November 25, 2008. Staff clarified that this motion is to
approve the 2009 Art Plan and approval does not represent the proposed Five-Year
Art Plan.
New Projects '08 Budget '09 Budget
Capital Project Artwork: Clark Lake Park 10,700
Community Project Artwork: KDP Danny Pierce Murals 22,500
Community Project Artwork: Rotary/ArtWorks Mural 2,500
Interior Installation: Centennial Center 4,900
Portable Purchases: Summer Art Exhibit 5,000
Maintenance / Publicity / Education 18,869
Previously Approved Projects In-Motion
Clark Lake Park 10,000
Town Square Plaza -Capital Project Artwork 40,000
Other Expenses: Administrative costs 110,731
Total 2009 Expenses $114,469
Debbie Raplee moved to recommend Council approve the 2009 City Art Plan and Five f
Year Plan. Tim Clark seconded and the motion passed 3-0. j
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Item #7: 4Culture Landmark Heritage Grant Agreement for Earthworks Mill
Creek Park Renovation — Accept
Cultural Staff partnered with Parks Planning and Environmental Engineering to
submit an application to the 4Culture 2008 Landmark Challenge Grant. This grant
funding will help the City restore the Earthworks to its original design.
The funds will assist in purchasing the materials and supplies necessary to complete
the project. Outside labor will be contracted to remove the invasive vegetation. In
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Minutes of January 15, 2009
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compliance with the 4Culture grant-matching requirement, city staff will provide the
labor and equipment. Jeff Watling acknowledged Visual Arts Coordinator Cheryl dos
Remedios for her achievements in receiving the Landmark recognition and the
Landmark Challenge Grant award for Mill Creek Park.
Tim Clark moved to recommend Council accept the 2008 Landmark Challenge Grant
from 4Culture for matching funds of $13,875.00 for restoration of Earthworks Mill
Creek Park. Debbie Raplee seconded and the motion passed 3-0.
Item #8: Russell Road Maintenance Facility Roof and Wall Improvements
Change Order — Authorize
In May 2008, staff reported the discovery of dry rot as the contractor replaced the
roof and siding on the Russell Road Maintenance Facility building, which occurred
during the windstorm in 2006. Change Order Number Four, adds $179,203.63 to the
contract and includes $168,434.43 to pay for dry rot repair. The additional
$10,769.20 is for additional leak protection, specifically a rubberized ice and water
shield over the enclosed spaces for the Radio Shop, Truck Garage and Water Shop
areas. Staff confirmed that the project budget has doubled in cost.
Debbie Raplee moved to recommend Council authorize the Mayor to sign Change
Order Number Four with Werlech Construction in the amount of $179,203.63 for
additional services essential to complete the Russell Road Maintenance Facility Roof
and Wall Improvements Project. Tim Clark seconded and the motion passed 3-0.
Item #9: Kent Pool — Informational
In preparation for the February 3, City Council Workshop discussion, Jeff Watling
informed the Committee of maintenance conditions at the Kent Pool. McKinstry
conducted a systems assessment in 2008 and determined that the HVAC and control
systems are at risk of malfunction or breaking down. New federal regulations on pool
drains will affect the project and budget as well. The approximate cost to make the
renovations is $250,000. Staff plan to work on multiple projects while the pool is
closed for repair, scheduled for late April. Jeff to solicit direction at the Workshop on
needed maintenance items, funding and future operation of the pool. Direction from
Kent School District will also be pursued. Discussion regarding the boiler, back flow
and pipe issues followed.
Item #10: Fourth Quarter Contributions Report — Informational
Director Jeff Watling reminded Council that the Contributions Report represents in-
kind and cash donations that are less than $5,000 and not required to go through
Council for approval, but worthy of recognition. An impressive $137,773.46 was
donated to the Parks Department in 2008, Council complimented staff for creativity
in obtaining contributions and to the local businesses for their donations.
Item #11: Fourth Quarter Report — Informational
Jeff highlighted some of the programs and services for the fourth quarter of 2008.
The Senior Center provided a new grief workshop called "Lost and Found." The
program has been well received.
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Minutes of January 15, 2009
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The Christmas Fun Run had record numbers with 1,262 runners and walkers crossing
the finish line. Many thanks to the early rising volunteers and to Program Coordinator j
Mark Hendrickson.
The Facilities Crew is commended for `stepping up" to the need of all the late night
calls during the tough winter weather. Special thanks to the HVAC crew.
Housing and Human Services staff continue to handle a large increase in requests for {
community services. Discussion followed on the growing needs of the community and
the lessening County and State funding.
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Many volunteer events occurred during the fourth quarter of 2008; 2,068 individuals
contributed 5,662.18 hours volunteering in our parks. Volunteers worked very hard
and many hours at Lake Fenwick Park, focusing on the invasive plants along the trail.
Item #12: What's Happening in Parks — Informational
Jeff Watling highlighted upcoming events.
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Three of our athletic complexes are almost 100% booked for 2009 tournaments.
From April through October, Service Club Ballfields has four dates left; Kent Meridian
Park is full! And Russell Road Parks has one date left. This reflects the quality of our C
fields.
A Weed and Seed Meeting is scheduled for January 22, at 5:30 p.m. at the Phoenix
Academy. Coordinator Bess Walker continues to work with the committee to get
projects done.
Highline Community College funding for our Inclusion Coordinator from our Adaptive
Recreation Program is ending in March. Staff continue to look for funding to keep
this worthwhile position. Discussion followed on funding for refugee populations.
The meeting adjourned at 6:02 p.m.
Respectfully sub fitted,
Teri Petrole
Committee Council Secretary
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Minutes of January 15, 2009
CONTINUED COMMUNICATIONS
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' EXECUTIVE SESSION
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' ACTION AFTER EXECUTIVE SESSION