HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 11/03/2009 I
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City of Kent
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CityCouncil a tin
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November 3, 2009
Mayor Suzette Cooke
Debbie Raplee, Council President
Coun-cilmembers
Elizabeth Albertson Ron Harmon
Tim Clark Deborah Ranniger
1 Jamie Danielson Les Thomas
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1 KENT
WA S H 1 N G T O N
City Clerk's Office
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KENT CITY COUNCIL AGENDAS
KENT November 3, 2009
WASHINOTON Council Chambers
MAYOR: Suzette Cooke COUNCILMEMBERS: Debbie Raplee, President
Elizabeth Albertson Tim Clark Jamie Danielson
Ron Harmon Deborah Ranniger Les Thomas
COUNCIL WORKSHOP CANCELLED
COUNCIL MEETING AGENDA
- - 5.00 p.m.
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1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
r 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
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5. PUBLIC HEARINGS
None
6. CONSENT CALENDAR
A. Minutes of Previous Meeting - Approve
B. Payment of Bills - Approve
C. 2010 Community Development Block Grant Action Plan - Approve and
Authorize
D. Third Quarter Fee-in-Lieu Funds - Accept
E. Federal Department of Justice Grant for Safe Havens Program - Accept
F. Parking Code Revision Ordinance - Adopt
G. HWA Geo Sciences Consultant Contract - Authorize
H. 2010 Operating Budget - Set Hearing Date
I. 2010-2015 Capital Improvement Plan - Set Hearing Date
J. 2009 Tax Levy for 2010 Budget - Set Hearing Date
K. Comprehensive Plan Amendment and Update to Chapter 12.13 Kent
City Code - Set Hearing Date
(Continued)
COUNCIL MEETING AGENDA CONTINUED
7. OTHER BUSINESS
A. Websolutions Technology, Inc. Consultant Services Agreement -
Authorize
B. Howard Hanson Dam/Green River Levee Update
8. BIDS
A 2"d Avenue Pedestrian Improvements
9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
10. CONTINUED COMMUNICATIONS
11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION
12. ADJOURNMENT
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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 CANCELLED
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i 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.
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A) FROM COUNCIL, ADMINISTRATION, OR STAFF
B) FROM THE PUBLIC
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PUBLIC COMMUNICATIONS
A) PUBLIC RECOGNITION
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B) COMMUNITY EVENTS
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Kent City Council Meeting
Date November 3, 2009
Item No. 6A - 6B
CONSENT CALENDAR
6. City Council Action:
Councilmember moves, Councilmember
seconds to approve Consent Calendar Items A through K.
Discussion
Action
6A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of October 20, 2009.
6B. Approval of Bills.
Approval of.payment of the bills received through October 15 and paid on
October 15 after auditing by the Operations Committee on October 20, 2009.
Approval of checks issued for vouchers:
Date Check Numbers Amount
' 10/15/09 Wire Transfers 3907-3988 $2,186,248.00
10/15/09 Regular Checks 636729-637337 2,417,886.00
Use Tax Payable 3,124.10
$4,607,258.10
Approval of checks issued for payroll for October 1 through October 15 and paid
on October 201 2009:
Date Check Numbers Amount
10/20/09 Checks 314546-314782 $ 181,891.79
10/20/09 Advices 256658-257436 1,664,847.32
$1,846,739.11
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Kent City Council Meeting
KENT W A S H I N O T O N October 20, 2009
The regular meeting of the Kent City Council was called to order at 7:00 p.m. by
Mayor Cooke. Councilmembers present: Albertson, Clark, Danielson, Ranniger,
Raplee, and Thomas. Councilmember Harmon was excused from the meeting.
(CFN-198)
CHANGES TO THE AGENDA
A. From Council, Administration, Staff. (CFN-198) Council President Raplee
added an excused absence for Councilmember Harmon as Consent Calendar Item G.
The Executive Session was removed at the request of COA Hodgson.
B. From the Public. (CFN-198) Continued Communications Item A relating to flood
control structures was added at the request of an audience member.
PUBLIC COMMUNICATIONS
A. Public Recognition. (CFN-198) There were no items for public recognition.
B. Community Events. (CFN-198) Ranniger announced an open house on
October 27 regarding an off-lease dog park.
C. Public Safety Report. (CFN-122) Police Chief Strachan updated his monthly
statistics on robberies, prostitution, false alarms, graffiti and so forth.
PUBLIC HEARINGS
A. Initiative Measure No. 1033 Concerning State, County, and City Revenue.
(CFN-198) Mayor Cooke noted that the purpose of this hearing is to receive
comments from the public before the City Council determines whether to adopt a
resolution opposing Initiative Measure No. 1033 concerning state, county, and city
revenue. She then opened the public hearing, and since there were no comments
from the audience, closed the public hearing. The City Attorney pointed out that
i representatives from both the pro and the con committees on the initiative were
invited to attend this public hearing, but that no one is in attendance. It was noted
that this issue went to the Operations Committee and was forwarded to the full
Council without a recommendation.
Finance Director Nachlinger explained that the initiative would limit the growth in
revenues, take away the City's ability to manage ups and downs, be a disincentive for
economic development, create an inability to deal with unanticipated issues, and build
a structural deficit in the budget. He answered questions from Council members and
estimated that over the next five to six years, there would be a $20,250,000 cut in
property tax revenues. He emphasized that cuts would have to be made every year.
After additional discussion, Clark moved to adopt Resolution No. 1816 expressing the
City Council's opposition to Initiative Measure No. 1033 concerning state, county, and
city revenue, which is being put before voters at the November 3, 2009, general
election. Ranniger seconded.
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Kent City Council Minutes October 20, 2009
Clark
stressed that the decision is u the voters, but said the initiative would be
devastating to the City, and that county burdens would be handed off to cities.
Thomas spoke in opposition to the motion, opining that the decision should be left to
the voters. Raplee concurred with Thomas, saying that although the initiative would
be devastating, it was put forth by the people and an elected representative should
not take a stand against it. Ranniger, Danielson and Albertson each spoke in support
of the motion, noting the impact not only to cities but to school districts, the duty of
Councils to protect citizens, and the fact that it would cause more harm than good.
Upon Clark's question, Mayor Cooke stated that if she were voting on this issue, she
would support the resolution. She said the timing is bad in light of the potential
annexation, and also voiced concern about the impact on social services.
Upon a roll call vote, the motion to adopt Resolution No. 1816 opposing Initiative
No. 1033 carried 4-2 with Albertson, Clark, Danielson and Ranniger in favor, and
Raplee and Thomas opposed.
CONSENT CALENDAR
Raplee moved to approve Consent Calendar Items A through G. Clark seconded and
the motion carried.
A. Apuroval of Minutes. (CFN-198) Minutes of the regular Council meeting of
October 6, 2009, were approved. 1
B. Auuroval of Bills. (CFN-104) Payment of the bills received through
September 15 and paid on September 15 after auditing by the Operations Committee
on October 6, 2009, were approved.
Approve of checks issued for vouchers:
Date Check Numbers Amount
9/15/09 Wire Transfers 3872-3891 $1,740,530.17
9/15/09 Regular Checks 635908-636261 716,390.58
Use Tax Payable 1,809.08
$2,458,729.83
Payment of the bills received through September 30 and paid on September 30 after
auditing by the Operations Committee on October 6, 2009, were approved.
Approval of checks issued for vouchers:
Date Check Numbers Amount
9/30/09 Wire Transfers 3892-3906 $1,567,338.91 I
9/30/09 Regular Checks 636262-636728 3,250,025.82
Use Tax Payable 2,971.71
$4,820,336.44
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Kent City Council Minutes October 20, 2009
Checks issued for payroll for September 1 through September 15 and paid on
September 18, 2009, were approved:
Date Check Numbers Amount
9/11/09 Void Check 313966 $ -827.54
9/11/09 Reissue Check 314041 827.54
9/18/09 Checks 314042-314292 203,958.17
9/18/09 Advices 255106-255880 1,626,326.28
$1,830,284.45
Checks issued for payroll for September 16 through September 30 and paid on
October 5, 2009, were approved:
Date Check Numbers Amount
9/24/09 Void Check 314221 $ -331.93
9/24/09 Reissue Check 314293 331.93
10/5/09 Checks 314294-314545 265,423.95
10/5/09 Advices 255881-256657 1,640,097.95
$1,905,521.90
C. Pacific Technologies, Inc. Consultant Agreement. (CFN-818) The Mayor was
authorized to execute a Consultant Services Agreement and all related documents
with Pacific Technology Inc. (PTI) in an amount not to exceed $75,616.
D. Traffic Calming Standards Resolution. (CFN-171) Resolution No. 1817
repealing Resolution No. 1804 and readopting the same language together with a
provision that allows the Director of Public Works to exercise discretion under special
circumstances to allow deviation from the adopted standards for the implementation
of Phase 2 traffic calming measures was adopted.
E. Sex Offender & Kidnapping Cost Reimbursement Agreement. (CFN-122)
The Washington State Registered Sex and Kidnapping Offender Address and
Residency Verification Program grant in an amount not to exceed $51,200.65 was
accepted, the Mayor was authorized to sign all necessary documents, and
establishment of the budget was authorized.
F. Bulletproof Vest Grant Award. (CFN-122) The Bureau of Justice Assistance
Bulletproof Vest grant in an amount not to exceed $29,928 was accepted and the
Mayor was authorized to sign all necessary documents.
ADDED ITEM
G. Excused Absence. (CFN-198) An excused absence from tonight's Council
meeting for Council member Harmon was approved.
OTHER BUSINESS
A. Green River Levee Update. (CFN-1318) Acting Public Works Director LaPorte
updated the Council on activities relating to the Green River Levee, including the
filling and placement of sandbags, the execution of emergency contracts, and the
timeline for completion. He noted that all of the agencies they have worked with
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Kent City Council Minutes October 20 2009
have been very cooperative, and answered questions from Council regarding potential
sewer backups.
REPORTS
A. Council President. (CFN-198) No report was given.
B. Mayor. (CFN-198) Mayor Cooke said she has met with the Region 10 Director of
FEMA and the State's Emergency Management Administration to discuss the potential
flooding, and noted that legislation is being prepared regarding flood insurance
coverage.
C. Ouerations Committee. (CFN-198) It was noted that there will be a budget f
workshop at 4:00 p.m. on Thursday, October 22"d, in the Council Chambers.
D. Parks and Human Services Committee. (CFN-198) No report was given.
E. Planning and Economic Development Committee. (CFN-198) Danielson said
that Safe Havens is able to remain open through mid-2010 because of grant funding,
and that funding partners for the remainder of the year are needed.
F. Public Safety Committee. (CFN-198) Thomas noted that the next meeting will
be held at 5:00 p.m. on November loth
G. Public Works Committee. (CFN-198) No report was given.
H. Administration. (CFN-198) CAO Hodgson noted that the November 3rd meeting
will be held at 5:00 p.m. and that there will be no workshop that day.
CONTINUED COMMUNICATIONS
ADDED ITEM
A. Flood Control Structures. (CFN-1318) William Turnbull, 9722 Rainier Avenue
South, Seattle, owner of a business at 6324 S. 189 in Kent, expressed concern about
the amended wording in Ordinance No. 3933 regarding the placement of flood control
structures. He provided pictures of Boeing enclosing parking lots and voiced concern 1
about water coming onto his property, which is next to Boeing. He urged the Council
to amend the ordinance by requiring Boeing to revert to a 10' perimeter. The City
Attorney pointed out that the city is dealing with an emergency, and explained that i
Boeing has specific restrictions placed upon it by Homeland Security and the
Department of Defense. He added that Boeing is required to get a permit by July 1" I
for a permanent structure. Mayor Cooke asked staff to investigate further.
ADJOURNMENT
The meeting adjourned at 8:45 p.m. (CFN-198) l
Brenda Jacober, CMC
City Clerk
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Kent City Council Meeting
Date November 3, 2009
Category Consent Calendar - 6C
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1. SUBJECT: 2010 COMMUNITY DEVELOPMENT BLOCK GRANT ACTION PLAN -
' APPROVE AND AUTHORIZE
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2. SUMMARY STATEMENT: Approve the Proposed 2010 Community
Development Block Grant Action Plan, including funding allocations and
contingency plans, and authorize the Mayor to execute the appropriate
certifications and agreements.
The City of Kent receives Community Development Block Grant (CDBG) funds
from the U.S. Department of Housing and Urban Development (HUD) as an
Entitlement City. To receive this funding, the City is required to submit a Five-
' Year Consolidated Plan for Housing & Community Development. The City's
Consolidated Plan is in effect from 2008-2012. Prior to the beginning of each
year of the Consolidated Plan, the City must inform HUD and the community of
the specific actions that the City will execute to implement the objectives and
strategies of the Consolidated Plan. The Action Plan also includes the allocation of
estimated resources that will be used to carry out the objectives and strategies.
3. EXHIBITS: Staff memo, Draft 2010 Annual Action Plan, Certifications,
Application for Federal Assistance
), 4. RECOMMENDED BY: Parks and Human Services Committee
(Committee,- Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue? X
l Currently in the Budget? Yes X No
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6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
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DISCUSSION:
ACTION:
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PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling, Director
j Phone: 253-856-5100
0000�• Fax: 253-856-6050
KENT
wA s H I N o T o N Address: 220 Fourth Avenue S.
t Kent, WA. 98032-5895
October 15, 2009
TO: Kent City Council Parks and Human Services Committee
FROM: Katherin Johnson, Housing and Human Services Manager
THROUGH: Jeff Watling, Parks, Recreation & Community Services Director
SUBJECT: 2010 CDBG Action Plan and Funding Allocations Staff Report
The City of Kent receives Community Development Block Grant (CDBG) funds
from the U.S. Department of Housing and Urban Development (HUD) as an
Entitlement City. To receive this funding, the City is required to submit a
1 Five-Year Consolidated Plan for Housing & Community Development. The
City's Consolidated Plan is in effect from 2008-2012. Prior to the beginning
of each year of the Consolidated Plan, the City must inform HUD and the
community of the specific actions that the City will execute to implement the
objectives and strategies of the Consolidated Plan; this is outlined in the
2010 Action Plan. The Action Plan also includes the allocation of estimated
resources that will be used to carry out the objectives and strategies.
Citizen Participation: On September 19, 2009, the City of Kent published a
public notice letting the community know the Draft 2010 Action Plan was
available for review and comment for a period of thirty (30) days. On
` October 15, 2009, the Human Services Commission held a public hearing for
the purpose of taking comments on the 2010 Action Plan.
Human Services Commission Recommendations: The Human Services
Commission reviewed and approved recommendations for CDBG funding for
2010. A description of each program is included in the attached Action Plan.
As in past years, the Commission recommended that a major portion of
CDBG funds be used to support the City's Home Repair Program. This
program serves many low-income, disabled and senior homeowners in Kent
by providing needed repairs. The program also ensures that a portion of
Kent's low/moderate-income housing stock is maintained and preserved.
Impact that Congressional Action Could Have on CDBG: The amount of
money Kent may receive could change depending upon the final federal
appropriations bill Congress passes in the fall. Therefore, the recommended
funding includes a contingency plan to address any potential fund changes
that may occur when Congress adopts the 2010 budget.
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CITY OF KENT
ONE-YEAR ACTION PLAN
2010,
Update to Consolidated Plan fo
p = r--
Housing and Community Development
-- -
Fiscal Years 2008 - 2012
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Submitted to:
US DEPARTMENT OF HOUSING & URBAN DEVELOPMENT
j Office of Community Planning and=Development
Seattle Federal Office Building = --
909 First Avenue, Suite 300
Seattle, WA 98104-1000
Prepared by:
CI77U F-KENT:
Parks, Recreation & Community Services Department
Housing and Human Services Division
220 fourth Avenue South
Kent,-VA- 98032
November-2009
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MAYOR
The Honorable Suzette Cooke
CITY COUNCIL
Debbie Raplee, Council President I
-Elizabeth Albertson, Council Member
Tim Clark,Council Member f
Jamie Danielson- Council Member
..Ron Harmon, Council Member
Deborah Ranniger, Council Member
Les Thomas, Council Member
PARKS & HUMAN SERVICES COMMITTEE
Deborah Ranniger, Chair
Elizabeth Albertson, Council Member
Tim Clark, Council Member
CHIEF ADMINISTRATIVE OFFICER
John Hodgson
HUMAN SERVICES COMMISSION l
- Tamara Sleeman, Commission Chair
Jon Botten, Vice-Chair
--- - Jamie Danielson, City Council Member
-= Roda Barket, Commissioner
Yadri Brito, Commissioner
Dini Duclos, Commissioner
Brett Hollis, Commissioner
-= Carla Loux, Commissioner
David Ott, Commissioner
- = Wilbur Vincent, Commissioner 1
CITY STAFF
Parks, Recreation & Community Services Department l
Jeff Watling, Parks, Recreation & Community Services, Director
Katherin Johnson, Housing and Human Services Manager
Dinah Wilson, CDBG Coordinator & Lead Staff on Action Plan l
Merina Hanson, Senior Human Services Coordinator
Jason Johnson, Human Services Coordinator
Page 2 of 2
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Contents
SECTION 1: INTRODUCTION AND EXECUTIVE SUMMARY............................ 5
THE CONSOLIDATED PLAN........................................................................... 5
THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
ONE-YEAR ACTION PLAN .............................................................................. 5
! SECTION 2: SOURCES OF FUNDS: HOUSING AND COMMUNITY-
DEVELOPMENT........................................................... - ................8
2010 CDBG ESTIMATED RESOURCES ........................... 8
OTHER RESOURCES ................................................ ....... . 9
SECTION 3: CITY OF KENT ALLOCATION PRIORITIES AND
GEOGRAPHICAL DISTRIBUTION ..............................._. ......................:........... 10
FUNDING PRIORITIES...................................... .................... ... ........ 10
SECTION 4: 2010 ACTIONS TO ACHIEVE HOUSING AND COMMUNITY
DEVELOPMENT GOALS..................................................... ............................ 11
i DECENT HOUSING STRATEGIES.................... 11
SUITABLE LIVING ENVIRONMENT STRATEGIES. . ............................... 13
ECONOMIC OPPORTUNITIES STRATEGIES .. .......: ...................... 14
201 SECTION 5: SUMMARY OF PROPOSED 0 USE OF,COMMUNITY
DEVELOPMENT BLOCK GRANT ENTITLEMENTFUNDS ..'..:......................... 16
ATTACHMENTS .................................. ....... ......: .......................................... 18
ATTACHMENT 1: TABLE 3A: SUMMARY/STATEMENT OF SPECIFIC
ANNUAL OBJECTIVES ...:' ............................... 19
SUMMARY/STATEMENT OF SPECIFIC ANNUAL OBJECTIVES................. 20
ATTACHMENT 2: TABLE 313: ANNUAL HOUSING COMPLETION GOALS
ANNUAL HOUSING COMPLETION GOALS ............................................... 23
ATTACHMENT 3: TABLE 3C. ANNUAL ACTION PLAN LISTING OF
I PROJECTS.. ...................................................................................................... 24
ANNUAL ACTION PLAN LISTING OF PROJECTS ....................................... 25
ATTACHMENT 4: 2010 CONSOLIDATED PLAN CERTIFICATIONS...............?35
2009'CONSOLIDATED PLAN CERTIFICATIONS ........................................... ?
CERTIFICATIONS............................................................................................ ?
• Specific CDBG Certifications...................................................................... ?
• APPENDIX TO CERTIFICATIONS............................................................. ?
ATTACHMENT 5: NOTICE OF PUBLIC COMMENT PERIOD AND PUBLIC
HEARING FOR CDBG 2010 ACTION PLAN ....................................................... ?
For Immediate Publication/Release ..................................................................... ?
ATTACHMENT 6: October 15, 2009 MINUTES (PART) OT HUMAN
SERVICES COMMISSION MEETING, PUBLIC HEARING FOR 2010 ACTION
PLAN.................................................................................................................... ?
ATTACHMENT 7: October 15, 2009 PARKS & HUMAN SERVICES
COMMITTEE MINUTES (CONSIDERATION OF 2010 FUNDING
RECOMMENDATION) ......................................................................................... ?
Cityof Kent........................................................................................................... ?
Page 3 of 3
ATTACHMENT 8: NOVEMBER 3, 2009 MINUTES OF CITY COUNCIL 1
MEETING AUTHORIZING FUNDING RECOMMENDATIONS AND
SUBMITTAL OF CERTIFICATIONS ..............................................
ATTACHMENT 9: EVIDENCE OF INSURANCE COVERAGEError! Bookmark not
defined.?
APPENDIX A: ANTI-POVERTY STRATEGIES................................................... ?
APPENDIX B: NEEDS OF PUBLIC HOUSING................................................... ?
APPENDIX C: FAIR HOUSING............................................... ......a. .................. ?
APPENDIX D: MONITORING ............................................................................. ?
APPENDIX E: POLICIES AND CERTIFICATIONS.................... .::..................... ?
APPENDIX F: FISCAL AUDITS ........................................... : ::..................... ? I
APPENDIX G: LEAD-BASED PAINT HAZARDS
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2010 ONE-YEAR ACTION PLAN FOR
HOUSING AND COMMUNITY
DEVELOPMENT
SECTION 1 : INTRODUCTION AND EXECUTIVE SUMMARY
THE CONSOLIDATED PLAN
Purpose of the Consolidated Plan
The City of Kent Consolidated Plan for Housing and Community Devel_o pment
provides a framework for implementing housing,'-human_services and community
development activities from 2008-2012.
The Plan assists the City by:
• Serving as a planning document that the City prepares in partnership with its
citizens, community organizations;businesses and other stakeholders
• Describing the City's strategic plan for,_ implementing the Community
Development Block Grant Program (CDBG)
• Measuring performance and tracking goals
• Assessing the resources, needs; economic and living conditions,
demographics, homelessness, housing costs, etc., of the City of Kent
• Reporting on specific items required by the U.S. Department of Housing and
Urban Development (HUM) as a requirement for receiving Community
Development Block Grant (CD(BG) funds
....................
THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
National Objectives
The Community Development Block Grant Program (CDBG) is a federal program
that is administered by the U.S. Department of Housing and Urban Development
(HUD). CDBG-funds are provided to states and units of local government. As a
grantee, the City of Kent is authorized to fund eligible activities that meet national
and local goals/objectives. The broad national objectives are as follows:
• Activities benefiting low/moderate-income persons'
• Activities which aid in preventing or eliminating slums or blight
• Activities meeting community development needs that have a particular
urgency because existing conditions pose a serious and immediate threat to
For the purposes of the CDGB program, low-income persons are defined as individuals who are
members of households whose total annual income is between 0 to 50% of the Area Median Income
(AMI). Moderate-income persons are individuals who are members of households with incomes between
51-80%of AM I.
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the health or welfare of the community and other financial resources do not l
exist to meet such needs
The 2008-2012 Consolidated Plan directs funds exclusively toward meeting the
national objective of benefiting low/moderate-income persons.
Performance Measurements
While the national objectives are broad, measurements used to determine whether
activities are successful are more specific. Outcome performance measurement
system objectives are as follows:
• Provide a suitable living environment
• Provide decent housing -_
• Provide economic opportunities =_
ONE-YEAR ACTION PLAN
Purpose of the One-Year Action Plan = l
Each year the City of Kent executes specific actions-to implement the objectives
and strategies of the five-year Consolidated Plan. Actions that will be undertaken in
2010 are outlined in this One-Year Action Plan,, which describes both the allocation
of estimated resources and a narrative of what will be done. In a given year, it is
possible that no steps will be taken to achieve 6--particular strategy. Similarly, it is I
expected that during the _course of the year, the 'City will be presented with
unanticipated opportunities that can be capitalized upon to help meet goals and
strategies. When this occurs,.the City will-seize the moment to further the goals
and strategies defined in the Consolidated Plan.
Citizen Participation
The development of the One Year Action Plan includes a Citizen Participation
Process inOlving public notification of the availability of the plan draft and an
opportunity for comments prior- to finalizing the One-Year Action Plan. Persons with
disabilities are encouraged to participate in the Citizen Participation Process and the
public notice describes how accommodations will be made.
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One-Year Action Plan Structure
The One-Year Action Plan contains five (5) sections:
• Section 1-The Introduction and Executive Summary: This section
contains a concise overview of the Consolidated Plan, the CDBG Program,
and the One-Year Action Plan.
• Section 2-Sources of Funds: Housing & Community Development: This
section includes an estimate of federal funds allocated from HUD as well as
general funds provided by the City to provide human services.
• Section 3-City of Kent Allocation Priorities and Geographical
i Distribution: This section discusses funding priorities that were established
by the City's Human Services Commission - -_
• Section 4-2010 Actions to Achieve Housmg and Community
Development Goals: This section outlines the specific action that the City
will undertake in 2010 to execute the objectives and strategies of th_e Five-
Year Consolidated Plan.
I Section 5-Summary of Proposed 2010 Use-of-Community
Development Block Grant Entitlement Funds: This section includes a list
of CDBG projects that the City will fund in 2010 This section also contains
contingency plans describing what will ,happen in the event of an increase or
a decrease in CDBG funds. _ =-
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SECTION 2: SOURCES OF FUNDS: HOUSING AND
COMMUNITY DEVELOPMENT
2010 CDBG ESTIMATED RESOURCES
One of the major tools for accomplishing the goals of the Consolidated Plan is the
annual allocation of CDBG funds provided by the U.S. Department of Housing and
Urban Development. The City estimates that $787,000 in CDBG funds will be
available for the January 1, 2010 to December 31, 2010 budget year. The following
outlines the total anticipated resources to implement the 2010 Action Plan:
CDBG ESTIMATED RESOURCES = -
Federal
CDBG Allocation $787,000 --
estimated
Reca ptured = -0-
CDBG Program Income -0-
ESG -0- I
HOME _ - -0-
HOPWA  - -0-
Total CDBG/Federal $787,000
Resources
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OTHER RESOURCES
GENERAL FUNDS
The City of Kent allocates one percent (1%) of the general fund to provide human
services directly to Kent residents through contracts with non-profit agencies. The
City will not see an increase in the General Fund for 2010.
Agency/Program
Catholic Community Services-HOME = 20 000.00
Catholic Community Services - Volunteer Chore Services 10 000.00
Center for Career Alternatives - S rin wood 10 000.00
Child Care Resources - Child Care Subsidy = 20 500.00
Children's Home Society - Strengthening Families 20 000.00
City of Kent - Safe Havens Visitation Center = 100 000.00
Communities In Schools - Mentorin = = 15 000.00
Communities In Schools - Performance Learning=Center_ 15 000.00
DAWN - Community/safe Havens Advocacy - 30 000.00
DAWN - Shelter/Crisis Line 35 000.00
Dynamic Family Services - Early Intervention - 45 000.00
HealthPointZ - Primary Dental 20 000.00
HealthPoint - Primary Medical 20 000.00
Homeless Services Set Aside - 30 000.00
Jewish Family Services - Immigrant/Refugee-Employment 10 000.00
King County Sexual Assatilt Resource Center Sexual Assault 21 000.00
Kent Food Bank - Food Services 60 000.00
Kent Youth & Family`'Services KYFS - Ea rly4Childhood 10 000.00
KYFS - Family Counseling - 50 000.00
KYFS - Outreach 10 000.00
KYFS - Powerful Families 10 000.00
KYFS - Substance Abuse Treatment 15 000.00
KYFS - Watson Manor ',, 10 000.00
Multi-Service Center MSC - Education 10 000.00
MSC Emergency Services 30 000.00
............_....
MSC Hou Sing Continuum Services 120 369.00
Ukrainian Community Center - Refugee Assistance Project 10 000.00
Valley Citiestbunseling & Consultation - Senior Outreach 30 000.00
WWEE - Economic Self-Sufficiency 35 000.00
TOTAL: $821,869.00
2 Formerly Community Health Centers of King County
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SECTION 3: CITY OF KENT ALLOCATION PRIORITIES AND
GEOGRAPHICAL DISTRIBUTION
FUNDING PRIORITIES
In addition to the Consolidated Plan, allocation of CDBG funds is-guided by the City I
of Kent's human services funding priorities as established by,the Human Services I
Commission. The City targets funding to the following areas when allocating
funding for regional and local human services: j
• Meeting Community Basics: Ensuring that people facing hardship have
access to resources to help meet immediate basic needs. _
• Increasing Self-Reliance: Helping individuals break out of the cycle of 1
poverty by improving access to _services and removing --barriers to
employment.
• Strengthening Children and Families: Providing children, youth and
families with community resources needed to support their positive I
development, including early intervention &;prevention services.
• Building a Safer Community: Providing resources and services that
reduce violence, crime, and negiect in our community.
• Improving Health and Well-Beings Providing access to services that
allow individuals to improve their mental and physical health, overall well-
being, and abilityto live independently.
GEOGRAPHICAL DISTRITUTION
Because low/moderate-income, and families reside in various parts of the
City of Kent, funds are geographically distributed throughout the City. A high
concentration_ of funds is distributed to agencies that serve residents in the East and
West Hill neighborhoods, v�cN h include a high concentration of low-income
individuals.
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SECTION 4: 2010 ACTIONS TO ACHIEVE HOUSING AND
COMMUNITY DEVELOPMENT GOALS
DECENT HOUSING STRATEGIES
Objective 1: Enhance availability of decent housing for low/moderate
income-residents
Strategies
a) Work with public, private and non-private partners to increase funding and
1 leverage resources to increase access to affordable housing
• Action: Participate in the King County Housing Funders Group. This
group meets to discuss new projects or :funding sources__ that are
( available for homeless services within King County.
I Participate in the South King County_;=Forum on Homelessness, an
organization supported by South King County (SKQ service providers
{ which promotes networking and the coordination of activities to end
homelessness.
• Action: Participate in the South-,,King County Human Services Planners
Group. .'
b) Invest in programs that help to _;maintain the .existing stock of affordable
housing
• Action: Allocate $429,000 rn ;CDBG funds to the Home Repair Program
to support the existing level of __homeownership in Kent.
• Action: Conduct a=performance audit and client satisfaction survey to
evaluate the-effectiveness of the Home Repair Program.
• Action: Implement plan to expand the Home Repair Program to the
Panther Lake Annexation Area if the ballot measure is approved.
•- Action: Work 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
ow_n..homes
• _Action: Allocate $10,000 to the City of Kent Fall Prevention Program to
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provide handicap accessibility items for low/moderate-income
homeowners.'
• Action: Continue 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.
• Action: Allocate $56,000 in CDBG funds to the Multi-Service Center
Housing Stability Program for housing continuum services, which will
3 This project is funded biannually.
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include assistance for a variety of housing. CDBG funds will be used to
provide grants to low/moderate-income households to prevent eviction
or to assist with move-in costs.
• Action: Continue to implement recommendations from the Analysis of
Impediments to Fair Housing Choice report.
d) Encourage local incentives for developers to create affordable housing
• Action: Developers responded to a Cottage Housing Demonstration
Ordinance that was adopted by the Kent City Council in 2008; this
ordinance allowed up to two cottage housing communities. The two
proposed Cottage Housing Developments are Apple-Lane Cottages and
Blueberry Cottages. The City will continue to l follow the progress of
the housing communities.
• Action: Follow the progress of a 2009 ordinance that was passed by
the Kent City Council which provides downtown developers of multi-
family, mixed-use housing complexes' an eight-year- property tax i
exemption.
Objective 2: Invest in services and facilities that prevent homelessness and J
ensure that service-enriched services are provided when homelessness
occurs -_
Strategies -
a) Actively support regional and sub-regional efforts to provide a coordinated
continuum of housing and services for the homeless that meet the needs of
Kent and South King County residents
• Action: Continue' providing'. staff support to efforts such as Safe
Harbors (a homeless management information system) and the f
Committee to End Komelessness-in King County.
• Action: Continue staff`participation in the Regional Affordable Housing
Program application review process.
•_ Action: Participate in grant review committees that make
recommendations- for funding to affordable housing and other
programs that prevent homelessness.
b) Support a variety of appropriate options for individuals with special needs
• Action: Allocate $30,000 in General Funds to Sound Mental Health to
provide outreach and case management services to homeless
Individuals.
• Action: Allocate $35,000 in General Funds to DAWN to support a i
shelter and crisis line for domestic violence survivors. l
• Action: Allocate $25,000 in CDBG funds to YWCA to provide
transitional housing and case management services to homeless
domestic violence survivors and their children.
c) Support efforts to move people from shelters and transitional housing to
permanent housing when appropriate
d) Support human services programs that address the needs of homeless
persons
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• Action: Allocate $10,000 in CDBG funds to Catholic Community
Services to support a shelter for homeless women with chemical
addictions, while providing case management to help them gain self-
sufficiency, end homelessness and maintain sobriety.
SUITABLE LIVING ENVIRONMENT STRATEGIES
Objective 1: Enhance A Suitable Living Environment -_
Strategies
a) Increase inclusion of immigrants and refugees 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
• Action: Allocate $17,044 in CDBG funds to Refugee Wornen's Alliance-
S.N.A.P. to connect immigrants/refugees to 'linguistically-and_ culturally
appropriate information and services.
• Action: Through the efforts of the_Parks'Department the non-profit
agency BURSST, the City with contim work with a group of Somali
Bantu refugees to develop;,several plots at the local Pea Patch. The
City will provide maintenance and oversight in exchange for the plots.
• Action: Allocate $10,000 in General Funds to the Ukrainian Community
Center to assist refugee families in overcoming barriers to self-
sufficiency by providing immediate assistance to families through
advocacy and case management.
i • Action: Allocate $',1_0,000 in General Funds to the Center for Career
Alternatives to provide job skills training and employment services to
public housing residents and other low-income residents residing in
Kent.
• Action: Continue to provide technical assistance and community
lif►kages to recently created non-profits and service providers that
provide assistance to immigrants and refugees.
• Action: Continue 'to'' expand asset building, cultural enhancement,
educational support and community connection activities by supporting
People of Color in Philanthropy, a countywide organization that
promotes racial equity and social justice for communities of color
through philanthropy.
b) Invest funds in programs that are located in neighborhoods with a large
number of low-income residents
• Action: Continue to invest funds in non-profits that locate
offices/services on the East Hill of Kent, an area with a significant
number of low/moderate-income residents.
c) Support collaboration between human services agencies to achieve efficiency,
co-location of services, and reduction in human services costs
• Action: Continue to support the Alliance Center, the one-stop facility
for human services programs that is located in Kent.
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d) Support programs that enhance or increase culturally appropriate and
culturally-specific services
• Action: Continue to work on implementing recommendations from the
Somali Community Engagement Project. I
• Action: Continue to support the South King County Equity & Social
Justice Work Group: Community Engagement Component. The Group
facilitates dialogue and collaboration which promotes equity in the
distribution and the access to resources.
Objective 2: Create a community that supports healthy individuals and
families
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Strategies I
a) Support programs that encourage healthy- lifestyle behaviors, including
helping children maintain healthy body weight _-
• Action: Allocate $60,000 in General Funds to Kent Food. Bank to
provide emergency food bags and emergency assistance to needy
individuals and families residing in Kent
• Action: Work on initiatives that help children maintain a healthy body
weight
b) Increase accessibility to recreational_ opportunities by encouraging the
location of programs in neighborhoods and neighborhood centers
• Action: Work with Parks Department recreational staff on exploring the
option of expanding recreatonal__opportunities to low/moderate-income
neighborhood centers.
c) Enhance access to low-cost medical services for low/moderate-income
individuals
• Action: Allocate "9,000 in General Funds to HealthPoint to provide
primary med_16 and dental services to low/moderate-income
individuals
• Action: Allocate $M,000 in CDBG funds to HealthPoint (Healthcare for
the Homeless Project) to provide nursing services to homeless families
and individuals livrng=in transitional housing.
ECONOMIC OPPORTUNITIES STRATEGIES 1
Objective 1�Increase employment opportunities for low/moderate-income f
.persons and the Fong-term unemployed
Strategies l
a) Encourage and promote employment opportunities for all residents, including ,
youth
• Action: Work to ensure that low/moderate-income Kent residents have
equal access to jobs created through the development of the Kent
Station and the ShoWare Center.
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• Continue to partner with Evergreen Community Development
Corporation, a non-profit certified by the Small Business
Administration to make 504 loans, by writing support letters for
existing and new businesses seeking loans to purchase their own real
estate. When local businesses own their own property, this leads to
business stability.
b) Support programs that remove or decrease barriers to education and
employment for low-income individuals
• Action: Facilitate collaboration between manufacturing businesses and
the School District on youth job training and/or internship programs by
helping to mitigate insurance/risk concerns.
c) Support training and counseling programs that teach ;people how to start and
expand small businesses such as micro-enterprises that employ five or less
employees, one of whom owns the business
• Action: Set aside $22,500 in CDBG funds to support-a micro-enterprise
project. =_
• Action: Allocate $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 Kenit-residents.
d) Support job readiness and job retraining programs
e) Encourage services that support employees irrm-a__intaining or advancing their
I employment opportunities including, but not limited to, transportation and
childcare
• Action: Allocate $20,500 in General Funds to provide child care
vouchers to low/moderate_-income families who work or pursue
education to,!enhance theirlob opportunities.
IObjective 2: Promote financial well-being
Strategies -
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a) Fund programs that educate residents on how to manage money and
establish good credit
• Action: Allocate $10000 in General Funds to Kent Youth and Family
Services to provide classes using the Powerful Families curriculum; the
curriculum focuses on providing families/caregivers financial literacy,
leadership, and advocacy skills.
b) Support= programs that teach residents how to avoid the pitfalls of predatory
lending practices
• Action: Provide education materials on how to avoid predatory lending
at the Financial Literacy Fair and in the Human Services Office.
c) Support financial literacy education to promote and sustain homeownership
• Action: Support the Financial Literacy Fair sponsored by the Riverview
Community Church.
• Action: Distribute fair housing materials at community events and
during training provided to landlords.
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SECTION 5: SUMMARY OF PROPOSED 2010 USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT ENTITLEMENT
FUNDS-4
PUBLIC SERVICE PROJECTS
Project Funding Amount
Catholic Community Services: $ 10,000 j
Katherine's House - I
HealthPoint: Healthcare for the $ 10,000
Homeless
Multi-Service Center: Housing $ 56,000
Stability Program
Refugee Women's Alliance (ReWA): $ 17050 I
Systems Navigation & Access Project ==
YWCA: Anita Vista Transitional $ 25,000
Housing
Total Public Service: $118050
Contingency Plan
Increase ---_
In the event of an increase in--public service funds above the preliminary estimate,
additional funds will be proportionately divided between the funded programs. 1
Decrease
In the event of a decrease in CDBG public service funds, the decrease will be I
proportionately divided among the funded agencies with the exception of MSC I
Housing'Stability Program, with no agency receiving less than $10,000 in funding.
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4 In the event of a Hurricane Katrina-like natural disaster, the City reserves the option to
redistribute CDBG funds to respond to such issues.
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CAPITAL PROJECTS
Project Funding
Amount
City of Kent Home Repair Program $429 050
City of Kent Fire Department: Fall Prevention $ 10,000
Washington CASH: Kent Micro-enterprise Initiative 22,500
Public Facilities Improvement Project or Down Payment $ 50,000
Assistance for First Time Homebuyers Project-9
Total Capital: $511 550
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Contingency Plan
Increase
In the event additional capital funds are received or recaptured, the additional
funds will be allocated between the City of Kent Home Repair Program and the
Public Facilities Improvement Project or Down Payment Assistance for First Time
Homebuyers Project.
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Decrease
If there is a decrease in funds, projects will be cut in the-following order:
1. Washington CASH
2. Public Facilities and Improvements/Down Payment Assistance for First Time
Homebuyers
3. City of Kent Home'Repair Program
PLANNING AND ADMINISTRATION ==
Planning and Administration - - 157 400
Total Planning and Administration: $157,400
The City_ wi'I_I_ use the- full 20% of Entitlement funding for Planning and
Administration.
TOTAL
Public Services $118 050
Capital: $511,5SO
Planning and Administration $157 400
TOTAL $787,000
5 Organization to be determined.
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ATTACHMENTS '
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ATTACHMENT 1: TABLE 3A: SUMMARY/STATEMENT OF
SPECIFIC ANNUAL OBJECTIVES
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TABLE 3A j
SUMMARY/STATEMENT OF SPECIFIC ANNUAL OBJECTIVES
TO .
Obj. Outcome/Objective Source Performance Year Expected Actual Percent
# of Indicators # # Completed
Funds
DH- Enhance accessibility to CDBG -Number of 2010 12 YWCA
1 decent housing by households 1 CCS-
providing the following: receiving # TBD6= = I
transitional housing & housing and 30 KFD'
case management for case 80-HRP
domestic violence management TOTAL:
survivors and their -Number of 123
children; shelter and households
case management to receiving
single homeless shelter or DPA
women; handicap -Number of
accessibility items to households'-
low/moderate- income receiving
Kent households; and handicap
rehabilitation assistance accessibility -
and health and safety items
repairs to -Number of {
low/moderate-income households
Kent homeowners receiving,
_home
repair
assistanceAACCESSIBILITY l
TO SUITABLE LIVING ENVIRONMENT
Obj. Outcome/Objective Source Performance Year Expected Actual Percent
# of - Indic_ators # # Completed
Funds
SL- Enhance accessibility to CDBG -Number.of 2010 80 ReWA
1 a suitable living = persons 19
environment by - - connected to HealthPoint
connecting services and Total: 99
immigrants/refugees to information
linguistically/culturally -Number of
appropriate services; homeless
=and by providing persons d
nursing services to the receiving
homeless nursing
services
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SUSTAINABILITY
OF •
Obj. Outcome/Objective Source Performance Year Expected Actual Percent
# of Indicators # # Completed
Funds
SL- Address the need to CDBG -Number of 2010 49 MSC J
3 sustain a suitable living persons Total: 49 )
environment by providing receiving
housing stability grants to grants
low-income or homeless
individuals.
6 Organization and number served to be determined.
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TABLE 3A CONTINUED
AACCESSIBILITY TO ECONOMIC OPPORTUNITY
Obj. Outcome/Objective Source Performance Year Expected Actual Percent
# of Indicators # # Completed
Funds
EO-1 Enhance the accessibility CDBG •Number of 2010 20 WA
of economic opportunity persons CASH
by assisting with the receiving Total: 20
i development of micro- assistance in
enterprise businesses developing a _-
micro-enterprise
business
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ATTACHMENT 2: TABLE 3B: ANNUAL HOUSING
COMPLETION GOALS
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TABLE 3B
ANNUAL HOUSING COMPLETION GOALS
Resources used during the period
Annual Expected CDBG HOME ESG HOPWA
Number Completed
ANNUAL AFFORDABLE
HOUSING GOALS SEC. 215
Homeless Households 13 X _❑ ❑ ❑
Non-homeless households ❑ -o ❑ ❑
Special Needs Households ❑ ❑ ❑ Cl
ANNUAL AFFORDABLE
RENTAL HOUSING GOALS
SEC. 215
Acquisition of existing units = ❑ ❑ - ❑
Production of new units = ❑ ❑ ❑
Rehabilitation of existing units - ❑ ❑ =-❑ ❑
Rental Assistance - ❑ ❑ - ❑
Total Sec. 215 Affordable - ❑ ❑ o ❑
Rental
ANNUAL AFFORDABLE
OWNER HOUSING GOALS
j SEC. 215
Acquisition of existing units - - - n_ ❑
i Production of new units ❑ ' ' ❑
Rehabilitation of existing units -110 X ❑
Homebu er Assistance= ❑ ❑ ❑
Total Sec. 215 Affordable - ❑ ❑ ❑ ❑
Owner
ANNUAL AFFORDABLE
HOUSING GOALS SEC. 215
Acquisition of existing units ❑ ❑ ❑
Production of new units ❑ ❑ ❑
Rehabilitation of existing units ❑ ❑ ❑ ❑
Homebu er Assistance ❑ ❑ ❑
Total Sec. 215 Affordable ❑ ❑ ❑ ❑
Housing
ANNUAL HOUSING GOALS
Annual'Rental Housing Goal ❑ ❑ ❑ ❑
Annual Owner Housing Goal ❑ ❑ ❑ ❑
Total Annual i Housing Goal 123 X ❑ ❑ ❑
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ATTACHMENT 3: TABLE 3C: ANNUAL ACTION PLAN
LISTING OF PROJECTS
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TABLE 3C
ANNUAL ACTION PLAN LISTING OF PROJECTS
Jurisdiction's Name: City of Kent
Priority Need: High: Owner Occupied Housing
Project Title: City of Kent, Parks, Recreation & Community Services:
Home Repair Program
Description
This project will offer rehabilitation assistance and health and safety repairs to
low/moderate-income Kent households; a significant number of seniors are assisted in this
project. The purpose is to assist Kent residents to rehabilitate their homes in order to
maintain housing stock within the City. The grantee expects to serve approximately 80
unduplicated households during the 2010 program year.
Objective category: ❑ Suitable Living Environment X Decent Housing
❑ Economic Opportunity
Outcome Category ❑ Availability/Accessibility ❑ Affordability- X Sustainability '
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Location/Target Area: Throughout the City of Kent..,,,.-:,The Home Repair Program is
at: 220 4th Ave. S., Kent, WA 98032
Objective Number Project ID' Funding
DH-3 = Sources
HUD Matrix Code CDBG Citation_ CDBG $429,050
14A Rehab: Single Unit Residential 570 202
Rehabilitation
Type of Recipient - CDBG National ESG
Grantee -- Objective
LMI Housing
208 a -3
Start Date - Completion Date HOME
1/1/10  12/31/10
Performance Indicator - Annual Units HOPWA
• Number of households receiving -_ 80 Kent households
home repair assistance
Local ID Units Upon Prior Year
BG1010 - Completion Funds
Other Funding
Total 1 $429,050
The primary purpose of the project is to help:
❑ The Homeless
X Low/Mod-Income Persons
❑ Persons with HIV/AIDS
❑ Persons with Disabilities
Project ID will be added after projects entered into IDIS.
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Jurisdiction's Name: City of Kent
Priority Need: High: Owner Occupied Housing
Project Title: City of Kent Fire Department: Fall Prevention Program
Description
This project will provide handicap accessibility items for homeowners. The purpose is to
help residents remain in their homes by installing items that prevent falls. The grantee
expects to serve approximately 30 unduplicated households during the 2010 program year.
Objective category: ❑ Suitable Living Environment X Decent Housing ,
❑ Economic Opportunity
Outcome Category ❑ Availability/Accessibility ❑ Affordability X Sustainability
Location/Target Area: Throughout the City of Kent The Home Repair Program is i
at: 220 4th Ave. S., Kent, WA 98032 ,
Objective Number Project ID8 Funding
DH-3 Sources
HUD Matrix Code CDBG Citation CDBG $10,000
14A Rehab: Single Unit Residential 570.202 =-
Rehabilitation''
Type of Recipient iLCDBG National ESG
Grantee Objective
LMI Housing
208 a 3
Start Date Completion Date HOME
1/1/10 = 12/31/10
Performance Indicator Annual Units HOPWA
• Number of households receiving; 30 Kent households
handicap accessibility items - -
Local ID -  Units Upon Prior Year 1
BG1018 = Completion Funds
- Other Funding
Total $10,000
The primary purpose of the project is to help:
❑ The Homeless
X Low/Mod Income Persons
❑ Persons with==HIV/AIDS
❑ Persons with Disabilities
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Jurisdiction's Name: City of Kent
Priority Need: High
Project Title: City of Kent, Parks, Recreation & Community Services:
Planning &Administration
Description
The City of Kent will use funds to administer the City's CDBG projects and to carry other
strategies outlined in its 2008 - 2012 Consolidated Plan. Funds will be used for general
CDBG program administration costs.
Objective category: N/A Suitable Living Environment _ ❑ Decent,Housing
❑ Economic Opportunity
Outcome Category N/A Availability/Accessibility ❑ Affordability ,
❑ Sustainability
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Location/Target Area: Throughout the City of Kent Th-e CDBG Program is at: 220
4th Ave. S., Kent, WA 98032 =-
Objective Number Project ID = Funding Sources
N/A
HUD Matrix Code CDBG Citation CDBG $157,400
21A General Program Admin. 570.205
Type of Recipient CDBG National;-Objective ESG
Grantee Planning &Admin. 208 d 4
Start Date Completion Date HOME
1/1/10 12/31/10
Performance Indicator Annual Units HOPWA
N/A = N/A
Local ID == - Units Upon Completion Prior Year Funds
BG1001 - Other Funding
Total $157,400
The primary_purpose of the project is to help:
❑ The Homeless
X Low/Mod-Income Persons
❑ Persons with HIV/AIDS
❑ Persons with Disabilities
Page 27 of 27
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Jurisdiction's Name: City of Kent
Priority Need: High: Shelter
Project Title: Catholic Community Services: Katherine's House
Description
This project will receive funds to provide shelter and case management for homeless women ±
residing in Kent. The sub-recipient expects to shelter one (1) individual during the 2010
program year.
Objective category: ❑ Suitable Living Environment X Decent Housing
❑ Economic Opportunity
Outcome Category X Availability/Accessibility ❑ Affordability
❑ Sustainability
Location/Target Area: Kent, WA (Confidential location)
Objective Number Project ID Funding
DH-1 Sources
HUD Matrix Code CDBG Citation CDBG $10,000
05 Public Services 570.201 e Public Services
Type of Recipient CDBG National Objective ESG
Private Non-profit Sub-recipient Limited Clientele
208 a 2 'i A ---
Start Date Completion Date HOME
1/1/10 12/31/10 ;_
Performance Indicator Annual Units HOPWA
• Number of persons receiving 1 individual
shelter
Local ID Units Upon Completion Prior Year
BG1009 Funds
Other Funding
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Total $JLO,000 I
The primary purpose of the project As to help:
X The_Homeless
❑ Low/Mod-Income Persons
❑ Persons-w,ith HIV/AIDS
❑ Persons with Disabilities 1
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Jurisdiction's Name: City of Kent
Priority Need: High: Health Care
Project Title: HealthPoint: Healthcare for the Homeless
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Description
This project will offer nursing services to homeless individuals who reside in Kent-area
transitional and domestic violence shelters. The purpose is to provide oh-site nursing
services to homeless persons. The sub-recipient expects to serve approximately 19
unduplicated households during the 2010 program year.
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Objective category: X Suitable Living Environment - ❑ Decent-..Housing
❑ Economic Opportunity -
Outcome Category X Availability/Accessibility ❑ Affordability ❑ Sustainability
Location/Target Area:. Kent area shelters. CHCKC clink is at: 403 E. Meeker St.,
#300, Kent, WA 98030
Objective Number Project ID Funding
I SL-1 - Sources
HUD Matrix Code CDBG Citation-------- CDBG $10,000
05M Health Services 570.201(e) Public-
Services
Type of Recipient - CDBG National Objective ESG
Private Non-profit Sub-recipient Limited Clientele
208 a 2 i A
Start Date Completion Date HOME
1/1/10 12/31/10
Performance Indicator Annual Units HOPWA
Number of,Persons receivrng 19 Kent residents
nursin services
Local ID - Units Upon Completion Prior Year
BG1002 = Funds
Other Funding
Total $10,000
The primary,purpose of the project is to help:
X The Homeless_-
❑ Low/Mod-Income Persons
❑ Persons with HIV/AIDS
❑ Persons with Disabilities
Page 29 of 29
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Jurisdiction's Name: City of Kent
Priority Need: High: Housing
Project Title: Multi-Service Center: Housing Stability Program
Description i
This project will provide housing stability grants to low-income or homeless individuals. The
purpose of this project is to prevent homelessness. The sub-recipient expects to serve
approximately 49 unduplicated households during the 2010 program year.
Objective category: ❑ Suitable Living Environment X Decent Housing
❑ Economic Opportunity
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Outcome Category X Availability/Accessibility ❑ Affordability ❑ Sustainability
Location/Target Area: 515 W. Harrison St., Kent, WA98032 I�
Objective Number Project ID Funding
DH-1 Sources
HUD Matrix Code CDBG Citation CDBG $56,000
05 Public Services 570.201 e Public Services
Type of Recipient CDBG National Objective ESG
Private Non-profit Sub-recipient Limited Clientele
208 a 2' i C
Start Date Completion Date _ HOME
1/1/10 12/31/10
Performance Indicator Annual Units HOPWA
• Number of persons receiving 49 KenC residents
rants/loans
Local ID Units Upon Completion Prior Year
BG1005 - Funds
Other Funding
Total $56,000
The primary purpose'of the project is to help:
❑ The Homeless
X Low/Mod-Income Persons
❑ Persons with HIV/AIDS
❑ Persons with Disabilities I
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Jurisdiction's Name: City of Kent
Priority Need: High: Public Facilities and Improvements
Project Title: To Be Determined
Description
This project will receive funds to rehabilitate housing for low/moderate-income persons or to
provide down payment assistance to first-time homebuyers. The number assisted is to be
determined.
Objective category: ❑ Suitable Living Environment X Decent Housing
❑ Economic Opportunity
Outcome Category X Availability/Accessibility ❑ Affordability ❑ Sust_ainability
Location/Target Area: Kent, WA (Confidential Location)
Objective Number Project ID Funding
DH1 Sources
HUD Matrix Code CDBG Citation CDBG $60,000
03 Public Facilities & 570.201(c) Public Facilities=&
Improvements Improvements _
Type of Recipient CDBG'National Objective ESG
Private Non-profit Sub- Limited Clientele 08(a)(2)
recipient
f Start Date Completion Date - HOME
1/1/10 12/31/10
i Performance Indicator Annual Units - HOPWA
• Number of persons _ TBD_ Households,:
receiving services'
Local ID Units Upon Completion Prior Year
BG1007 - Funds
Other Fund"n
Total 1 $60,000
The-_primary purpose of the project is to help:
X TWkbmeless
❑ Low/Mod-Income Persons
❑ Persons with_HIV/AIDS
❑ Persons with Disabilities
Page 31 of 31
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Jurisdiction's Name: City of Kent
Priority Need: High: Accessibility for Refugees & Immigrants
Project Title: Refugee Women's Alliance: Systems Navigation & Access i
Project
Description
This project will connect immigrants/refugees to linguistically and culturally appropriate
information and services. The purpose is to increase access for immigrants and refugees.
The sub-recipient expects to serve approximately 80 unduplicated persons during the 2010
program year.
Objective category: X Suitable Living Environment ❑ Decent Housing
❑ Economic Opportunity
Outcome Category X Availability/Accessibility ❑ Affordability ❑ Sustainability
Location/Target Area: 232 Second Ave. S., Suite '107, Kent, WA 98032 +
Objective Number Project ID Funding
SL-1 Sources
HUD Matrix Code CDBG Citation CDBG $17,050
05 Public Services 570.201 e .
Type of Recipient ._CDBG National ESG
Private Non-profit Sub-recipient Objective
Limited Clientele
208 a 2 i C
Start Date - Completion Date HOME
1/1/10 12/31/10
Performance Indicator - =Annual Units HOPWA
• Number of persons connected t- 80,Kent residents
culturally/linguistically appropriate ,-
information and services -
Local ID - Units Upon Prior Year
BG1017 - Completion Funds
_- Other
Funding
Total $17,050
The primary purpose of the project is to help: '
❑ The Homeless;
X Low/Mod-Income Persons
❑ Persons with HIV/AIDS
❑ Persons with Disabilities
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Jurisdiction's Name: City of Kent
Priority Need: High: Economic Opportunity
Project Title: Washington CASH: Kent Micro-enterprise Initiative
Description
This project will provide assistance for the development of micro-enterprises. The purpose
is to increase the income of low-income Kent residents and to stimulate business growth.
The sub-recipient expects to serve approximately 20 unduplicated individuals during the
2010 program year.
Objective category: ❑Suitable Living Environment ❑ Decent Housing
X Economic Opportunity
Outcome Category X Availability/Accessibility ❑ Affordability ❑ Sustainability
Location/Target Area: Kent, WA -
Objective Number Project ID Funding
EO-1 Sources
HUD Matrix Code CDBG Citation.. ., CDBG $22,500
18C M icro-e nterp rise Assistance 570.201 0 1 ii
I Type of Recipient CDBG National ESG
Private Non-profit Sub-recipient Objective
Limited Clientele
208 a 2 =i C
Start Date Completion Date HOME
1/1/10 - 12/31 10
Performance Indicator Annual-.-,Units HOPWA
• Number of persons receiving micro- 20 Kent residents
enterprise development assistance
Local ID Units Upon Completion Prior Year
BG1014 Funds
_ Other
- Funding
Total 1 $22,500
The prima-ry__purpose of the project is to help:
❑ The Homeless
X Low/Mod-Income Persons
❑ Persons with HIV/AIDS
❑ Persons with Disabilities
Page 33 of 33
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Jurisdiction's Name: City of Kent
Priority Need: High: Housing
Project Title: YWCA: Anita Vista Transitional Housing j
Description
This project will provide transitional housing and case management services to homeless
domestic violence survivors and their children. The purpose of this project is to provide
service-enriched transitional housing with the goal of facilitating permanent housing. The
sub-recipient expects to serve approximately 12 unduplicated households during the 2010 J
program year. J
Objective category: ❑ Suitable Living Environment X Decent Housing
❑ Economic Opportunity _
Outcome Category X Availability/Accessibility ❑ Affordability ❑ SusEamab_ility i
Location/Target Area: Kent, WA (Confidential Location)
Objective Number Project ID Funding
DH-1 Sources
HUD Matrix Code CDBG Citation CDBG $25,000
05G Battered and Abused Spouses 570.201(e) Public
Services
Type of Recipient CDBG'-National ESG
Private Non-profit Sub-recipient Objective
Limited Clientele
208 a 2 i
Start Date = Completion Date HOME
1/1/10 - 12n1/10
Performance Indicator Annual Units HOPWA
• Number of households receiving 12 households
housing and case management
Local ID - Units Upon Prior Year
BG1016 -- Completion Funds
Other
Funding
Total $25,000
The primary purpose of the project is to help:
X The Homeless
❑ Low/Mod-Income Persons
❑ Persons with HIV/AIDS
❑ Persons with Disabilities
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ATTACHMENT 4: 2010 CONSOLIDATED PLAN
CERTIFICATIONS
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2010 CONSOLIDATED PLAN CERTIFICATIONS
CERTIFICATIONS
In accordance with statutes and the regulations governing Consolidated Plan
regulations, the City of Kent certifies that:
Affirmatively Further Fair Housing — The City of Kent will affirmatively further
fair housing, conducting an analysis of impediments to fair housing choice within
the jurisdiction, developing strategies and taking appropriate actions to overcome
the effects of any impediments identified through the analysis, and maintaining
records reflecting the analysis and actions taken to further the strategies and
actions.
Anti-displacement and Relocation Plan — The City of Kent will comply with the
acquisition and relocation requirements of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended, and implementing
regulations at 49 CFR 24; and it has in effect and is following a residential anti-
displacement and relocation assistance plan required under section 104(d) of the
Housing and Community Development Act of 1974, as amended, in connection with
any activity assisted with funding under the CDBG or HOME programs.
Drug Free Workplace — The City of Kent will continue to provide a drug-free
workplace in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701)
by:
1. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the grantee's workplace and specifying the actions that will be
taken against employees for violation of such prohibition;
2. Maintaining an ongoing drug-free awareness to inform employees about:
(a) The dangers of drug abuse in the workplace;
(b) The grantee's policy of maintaining a drug-free workplace.
(c) Available drug counseling, rehabilitation, and employee assistance
programs; and
(d) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
3. Establishing a policy that each employee to be engaged in the performance
of the grant be given a copy of the statement required by paragraph 1;
4. Notifying each employee in the statement required by paragraph 1 that, as a
condition of employment under the grant, the employee will:
(a) Abide by the terms of the statement; and
Page 36 of 36
(b) Notify the employer in writing of his or her conviction for a violation of
a criminal drug statute occurring in the workplace no later than five
calendar days after such conviction;
5. Notifying HUD in writing, within ten calendar days after receiving notice
under subparagraph 4(b) from an employee or otherwise receiving actual
notice of such conviction. Employers of convicted employees must provide
notice, including position title, to every grant officer or other designee on
whose grant activity the convicted employee was working, unless the Federal
agency has designated a central point for the receipt of such notices. Notice
shall include the identification number(s) of each affected grant.
6. Taking one of the following actions, within 30 calendar days of receiving
notice under subparagraph 4(b), with respect to any employee who is so
convicted:
i (a) Taking appropriate personnel action against such an employee, up to
and including termination, consistent with the requirements of the
Rehabilitation Act of 1973, as amended; or
(b) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a
Federal, State, or local health, law enforcement, or other appropriate
agency;
7. Making a good faith effort to continue to maintain a drug-free workplace
through implementation of paragraphs 1, 2, 3, 4, 5 and 6.
8. Providing the street address, city, county, state and zip code for the site or
sites where the performance of work in connection with the grant will take
place. For functions carried out by employees in several departments or
offices, more than one location will be specified. It is further recognized that
sites may be added or changed during the course of grant-funded activities.
The City of Kent will advise the HUD Field Office by submitting a revised
Place of Performance form. The City of Kent recognizes that the period
covered by this certification extends until all funds under the specific grant
have been expended.
Page 37 of 37
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Anti-Lobbying - To the best of the City of Kent's knowledge and belief:
1. No Federally appropriated funds have been paid or will be paid, by or on
behalf of it, to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, j
and the extension, continuation, renewal, amendment, or modification of any !
Federal contract, grant, loan, or cooperative agreement;' 1
2. If any funds other than Federal appropriated funds have been paid or will be f
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, it will complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying,` in
accordance with its instructions; and
3. It will require that the language of-paragraph t and 2 of this anti-lobbying 1
certification be included in the award=documents for:all subawards at all tiers 1 .
(including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose r
accordingly. l_
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Authority of Jurisdiction - The Consolidated Plan is authorized under State and
local law (as applicable) and the City of Kent possesses the legal authority to carry
out the programs for which it is seeking funding, in accordance with applicable HUD
regulations.
Consistency with plan - The housing activities to be undertaken with CDBG,
HOME, ESG, and HOPWA funds are consistent with the strategic plan.
Section 3 - It will comply with Section 3 of the Housing and Urban Development
Act of 1968, and implementing regulations at 24 CFR Part 135.
Signature/Authorized Official Date =
Mayor Suzette Cooke
APPROVED AS TO FORM: -
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Kent Law Department -
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Specific CDBG Certifications
The City of Kent, as an Entitlement Community, certifies that:
Citizen Participation - It is in full compliance and following a detailed citizen i
participation plan that satisfies the requirements of 24 CFR 91.105.
Community Development Plan - Its consolidated housing and-community
development development plan identifies community development and housing-needs and
specifies both short-term and long-term community development objectives that
that have been developed in accordance with the primary objective of the statute
authorizing the CDBG program, as described in 24 CFR'570.2 and 24 CFR, Part 570.
Following the Consolidated Plan - It will follow th`e five year-Consolidated Plan
as approved by HUD.
Use of Funds - It has complied with the following criteria:
1. Maximum Feasible Priority. With respect to activities expected to be assisted
with CDBG funds, the City of Kent certifies that!-t has developed its Action j
Plan so as to give maximum feasible priority to ctivities which benefit low j
and moderate income families or aid in the.prevention or elimination of slums
or blight. The Action Plan may also include activities'which the grantee
certifies are designed to meet other community development needs having a
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particular urgency'because existing_conditions pose a serious and immediate
threat to the health or welfare of the community, and other financial I
resources are not available to meet such needs;
2. Overall Benefit. The aggregate use of CDBG funds including section 108
guaranteed loans during program year 2009 shall principally benefit persons 1
of-low and moderate income in a manner that ensures that at least 70
percent of the amount is expended for activities that benefit such persons
during the designated period;
3. Special Assessments. The City of Kent will not attempt to recover any capital
costsof public improvements assisted with CDBG funds including Section 108
loan guaranteed funds by assessing any amount against properties owned
and occupied by persons of low and moderate income, including any fee
charged or assessment made as a condition of obtaining access to such
public improvements. However, if CDBG funds are used to pay the proportion
of a fee or assessment that relates to the capital costs of public
improvements (assisted in part with CDBG funds) financed from other
revenue sources, an assessment or charge may be made against the
property with respect to the public improvements financed by a source other
than CDBG funds. Also, in the case of properties owned and occupied by
moderate-income (but not low-income) families, an assessment or charge
may be made against the property for public improvements financed by a i
Page 40 of 40
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source other than CDBG funds if the jurisdiction certifies that it lacks CDBG
funds to cover the assessment
Excessive Force — It has adopted and is enforcing:
1. A policy prohibiting the use of excessive force by law enforcement agencies
within its jurisdiction against any individuals engaged in non-violent civil
I rights demonstrations; and
1 2. A policy of enforcing applicable State and local laws against physically barring
entrance to or exit from a facility or location which is the subject of such non-
violent civil rights demonstrations within its jurisdiction;
Compliance With Anti-discrimination laws — The`'grant will be conducted and
I administered in conformity with title VI of the Civil 'Rights Act of 1964 (42 USC
2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations.
ILead-Based Paint — The City of Kent's notification,-inspection, testing and
abatement procedures concerning lead-based paint wial comply with the
f requirements of 24 CFR 570.608; -
Compliance with Laws — It will comply with applicable laws.
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Signature/Authorized Official Date
Mayor Suzette Cooke
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APPROVED=AS TO'FORM.
Kent Law Department
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• APPENDIX TO CERTIFICATIONS
INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE
REQUIREMENTS:
A. Lobbying Certification
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S. Code. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
B. Drug-Free Workplace Certification
1. By signing and/or submitting this application or grant
agreement, the City of Kent is providing the certification.
2. The certification is a material representation of fact upon which
reliance is placed when the agency awards the grant. If it is
later determined that the grantee knowingly rendered a false
certification, or otherwise violates the requirements of the Drug-
Free Workplace Act, HUD, in addition to any other remedies
available to the Federal Government, may take action
authorized under the Drug-Free Workplace Act.
3. Workplaces under grants, for grantees other than
individuals, need not be identified on the certification. If
known, they may be identified in the grant application. If
the grantee does not identify the workplaces at the time
of application, or upon award, if there is no application,
the grantee must keep the identity of the workplace(s) on
file in its office and make the information available for
Federal inspection. Failure to identify all known
workplaces constitutes a violation of the grantee's drug-
free workplace requirements.
4. Workplace identifications must include the actual address
of buildings (or parts of buildings) or other sites where
work under the grant takes place. Categorical
descriptions may be used (e.g., all vehicles of a mass
transit authority or State highway department while in
operation, State employees in each local unemployment
office, performers in concert halls or radio stations).
5. If the workplace identified to the agency changes during
Page 42 of 42
the performance of the grant, the grantee shall inform the
HUD of the change(s), if it previously identified the
workplaces in question (see paragraph three).
6. The grantee may insert in the space provided below the
site(s) for the performance of work done in connection
with the specific grant:
Place of Performance (Street address, city, county, state, zip code)
City of Kent
220 4t" Avenue South
Kent, WA 98032
Check if there are workplaces on file that are not identified here.
The certification with regard to the drug-free workplace is required by 24 CFR, Part
24, Subpart F.
7. Definitions of terms in the Non-procurement Suspension and
Debarment common rule and Drug-Free Workplace common
rule apply to this certification. Grantees' attention is called, in
particular, to the following definitions from these rules:
"Controlled substance" means a controlled substance in Schedules I
through V of the Controlled Substances Act (21 U.S.C. 812) and as
further defined by regulation (21 CFR 1308.11 through 1308.15);
"Conviction" means a finding of guilt (including a plea of nolo
contendre) or imposition of sentence, or both, by any judicial body
charged with the responsibility to determine violations of the Federal
or State criminal drug statutes;
"Criminal drug statute" means a Federal or non-Federal criminal
statute involving the manufacture, distribution, dispensing, use, or
possession of any controlled substance;
"Employee" means the employee of a grantee directly engaged in the
performance of work under a grant, including: (I) All "direct charge"
employees; (ii) all "indirect charge" employees unless their impact or
involvement is insignificant to the performance of the grant; and (iii)
temporary personnel and consultants who are directly engaged in the
performance of work under the grant and who are on the grantee's payroll.
This definition does not include workers not on the payroll of the grantee
(e.g., volunteers, even if used to meet a matching requirement; consultants
or independent contractors not on the grantee's payroll; or employees of
subrecipients or subcontractors in covered workplaces).
Page 43 of 43
2010 CONSOLIDATED PLAN CERTIFICATIONS
CERTIFICATIONS
In accordance with statutes and the regulations governing Consolidated Plan
regulations, the City of Kent certifies that:
Affirmatively Further Fair Housing — The City of Kent will affirmatively further
fair housing, conducting an analysis of impediments to fair housing choice within
the jurisdiction, developing strategies and taking appropriate actions to overcome
the effects of any impediments identified through the analysis, and maintaining
records reflecting the analysis and actions taken to further the strategies and
actions.
Anti-displacement and Relocation Plan — The City of Kent will comply with the
acquisition and relocation requirements of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended, and implementing
regulations at 49 CFR 24; and it has in effect and is following a residential anti-
displacement and relocation assistance plan required under section 104(d) of the
Housing and Community Development Act of 1974, as amended, in connection with
any activity assisted with funding under the CDBG or HOME programs.
Drug Free Workplace — The City of Kent will continue to provide a drug-free
workplace in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701)
by:
1. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in
the grantee's workplace and specifying the actions that will be taken against
employees for violation of such prohibition;
2. Maintaining an ongoing drug-free awareness to inform employees about:
(a) The dangers of drug abuse in the workplace;
(b) The grantee's policy of maintaining a drug-free workplace.
(c) Available drug counseling, rehabilitation, and employee assistance
programs; and
(d) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
3. Establishing a policy that each employee to be engaged in the performance
of the grant be given a copy of the statement required by paragraph 1; IL
4. Notifying each employee in the statement required by paragraph 1 that, as a -
condition of employment under the grant, the employee will:
(a) Abide by the terms of the statement; and
(b) Notify the employer in writing of his or her conviction for a violation of
a criminal drug statute occurring in the workplace no later than five
calendar days after such conviction; `
a
5. Notifying HUD in writing, within ten calendar days after receiving notice
under subparagraph 4(b) from an employee or otherwise receiving actual notice of
such conviction. Employers of convicted employees must provide notice, including
position title, to every grant officer or other designee on whose grant activity the
convicted employee was working, unless the Federal agency has designated a
central point for the receipt of such notices. Notice shall include the identification
number(s) of each affected grant.
6. Taking one of the following actions, within 30 calendar days of receiving
notice under subparagraph 4(b), with respect to any employee who is so convicted:
(a) Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act of
1973, as amended; or
(b) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a Federal,
State, or local health, law enforcement, or other appropriate agency;
7. Making a good faith effort to continue to maintain a drug-free workplace
through implementation of paragraphs 1, 2, 3, 4, 5 and 6.
8. Providing the street address, city, county, state and zip code for the site or
sites where the performance of work in connection with the grant will take
place. For functions carried out by employees in several departments or
offices, more than one location will be specified. It is further recognized that
sites may be added or changed during the course of grant-funded activities.
The City of Kent will advise the HUD Field Office by submitting a revised
Place of Performance form. The City of Kent recognizes that the period
covered by this certification extends until all funds under the specific grant
have been expended.
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Anti-Lobbying — To the best of the City of Kent's knowledge and belief:
1. No Federally appropriated funds have been paid or will be paid, by or on
behalf of it, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the I
extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, it will complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions; and
3. It will require that the language of paragraph 1 and 2 of this anti-lobbying l
certification be included in the award documents for all subawards at all tiers I(including subcontracts, subgrants, and contracts under grants, loans, and I
cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
Authority of Jurisdiction — The Consolidated Plan is authorized under State and
local law (as applicable) and the City of Kent possesses the legal authority to carry
out the programs for which it is seeking funding, in accordance with applicable HUD
regulations. 1
Consistency with plan — The housing activities to be undertaken with CDBG,
HOME, ESG, and HOPWA funds are consistent with the strategic plan. r
Section 3 — It will comply with Section 3 of the Housing and Urban Development d_
Act of 1968, and implementing regulations at 24 CFR Part 135.
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Signature/Authorized Official Date
Mayor Suzette Cooke
APPROVED AS TO FORM:
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Kent Law Department
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Specific CDBG Certifications
The City of Kent, as an Entitlement Community, certifies that:
Citizen Participation — It is in full compliance and following a detailed citizen
participation plan that satisfies the requirements of 24 CFR 91.105.
Community Development Plan — Its consolidated housing and community
development plan identifies community development and housing needs and
specifies both short-term and long-term community development objectives that
that have been developed in accordance with the primary objective of the statute
p p Y J
authorizing the CDBG program, as described in 24 CFR 570.2 and 24 CFR, Part 570.
Following the Consolidated Plan — It will follow the five year-Consolidated Plan
as approved by HUD.
Use of Funds — It has complied with the following criteria:
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1. Maximum Feasible Priority. With respect to activities expected to be assisted
with CDBG funds, the City of Kent certifies that it has developed its Action Plan so
I as to give maximum feasible priority to activities which benefit low and moderate
income families or aid in the prevention or elimination of slums or blight. The Action
Plan may also include activities which the grantee certifies are designed to meet
other community development needs having a particular urgency because existing
'i conditions pose a serious and immediate threat to the health or welfare of the
community, and other financial resources are not available to meet such needs;
2. Overall Benefit. The aggregate use of CDBG funds including section 108
guaranteed loans during program year 2009 shall principally benefit persons of low
and moderate income in a manner that ensures that at least 70 percent of the
amount is expended for activities that benefit such persons during the designated
period;
3. Special Assessments. The City of Kent will not attempt to recover any capital
costs of public improvements assisted with CDBG funds including Section 108 loan
guaranteed funds by assessing any amount against properties owned and occupied
by persons of low and moderate income, including any fee charged or assessment
made as a condition of obtaining access to such public improvements. However, if
CDBG funds are used to pay the proportion of a fee or assessment that relates to
the capital costs of public improvements (assisted in part with CDBG funds)
financed from other revenue sources, an assessment or charge may be made
against the property with respect to the public improvements financed by a source
other than CDBG funds. Also, in the case of properties owned and occupied by
moderate-income (but not low-income) families, an assessment or charge may be
made against the property for public improvements financed by a source other than
CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the
assessment
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Excessive Force — It has adopted and is enforcing:
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1. A policy prohibiting the use of excessive force by law enforcement agencies
within its jurisdiction against any individuals engaged in non-violent civil rights
demonstrations; and i
2. A policy of enforcing applicable State and local laws against physically barring
entrance to or exit from a facility or location which is the subject of such non- 1`
violent civil rights demonstrations within its jurisdiction;
Compliance With Anti-discrimination laws — The grant will be conducted and
administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC
2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations.
Lead-Based Paint — The City of Kent's notification, inspection, testing and
abatement procedures concerning lead-based paint will comply with the
requirements of 24 CFR 570.608;
Compliance with Laws — It will comply with applicable laws.
Signature/Authorized Official Date
Mayor Suzette Cooke
APPROVED AS TO FORM:
Kent Law Department
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APPENDIX TO CERTIFICATIONS
INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE
REQUIREMENTS:
A. Lobbying Certification
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is
a prerequisite for making or entering into this transaction imposed by section 1352,
title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
j B. Drug-Free Workplace Certification
1. By signing and/or submitting this application or grant agreement, the City of
Kent is providing the certification.
2. The certification is a material representation of fact upon which reliance is
J placed when the agency awards the grant. If it is later determined that the grantee
knowingly rendered a false certification, or otherwise violates the requirements of
the Drug-Free Workplace Act, HUD, in addition to any other remedies available to
j the Federal Government, may take action authorized under the Drug-Free
Workplace Act.
3. Workplaces under grants, for grantees other than individuals, need not be
identified on the certification. If known, they may be identified in the grant
application. If the grantee does not identify the workplaces at the time of
application, or upon award, if there is no application, the grantee must keep the
1 identity of the workplace(s) on file in its office and make the information available
for Federal inspection. Failure to identify all known workplaces constitutes a
violation of the grantee's drug-free workplace requirements.
4. Workplace identifications must include the actual address of buildings (or
parts of buildings) or other sites where work under the grant takes place.
Categorical descriptions may be used (e.g., all vehicles of a mass transit authority
or State highway department while in operation, State employees in each local
unemployment office, performers in concert halls or radio stations).
5. If the workplace identified to the agency changes during the performance of
the grant, the grantee shall inform the HUD of the change(s), if it previously
identified the workplaces in question (see paragraph three).
6. The grantee may insert in the space provided below the site(s) for the
performance of work done in connection with the specific grant:
s
Place of Performance (Street address, city, county, state, zip code)
City of Kent
220 4t" Avenue South
Kent, WA 98032
Check if there are workplaces on file that are not identified here.
The certification with regard to the drug-free workplace is required by 24 CFR, Part j
24, Subpart F.
7. Definitions of terms in the Non-procurement Suspension and Debarment
common rule and Drug-Free Workplace common rule apply to this certification.
Grantees' attention is called, in particular, to the following definitions from these
rules: J
1
"Controlled substance" means a controlled substance in Schedules I through V of
the Controlled Substances Act (21 U..S.C. 812) and as further defined by regulation J
(21 CFR 1308.11 through 1308.15); J
"Conviction" means a finding of guilt (including a plea of nolo contendre) or J
imposition of sentence, or both, by any judicial body charged with the responsibility
to determine violations of the Federal or State criminal drug statutes;
"Criminal drug statute" means a Federal or non-Federal criminal statute involving
the manufacture, distribution, dispensing, use, or possession of any controlled
substance;
"Employee" means the employee of a grantee directly engaged in the performance
of work under a grant, including: (I) All "direct charge" employees; (ii) all "indirect
charge" employees unless their impact or involvement is insignificant to the
performance of the grant; and (iii) temporary personnel and consultants who are
directly engaged in the performance of work under the grant and who are on the
grantee's payroll. This definition does not include workers not on the payroll of the
grantee (e.g., volunteers, even if used to meet a matching requirement;
consultants or independent contractors not on the grantee's payroll; or employees
of subrecipients or subcontractors in covered workplaces).
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MONITORING
The City annually conducts formal contract monitoring visits and/or makes site
visits to CDBG-funded projects to ensure that activities are in compliance with City
and federal regulations, including an assessment of compliance with national
objectives and activity eligibility. During the formal monitoring process, the
provider agency's administrative structure is examined along with administrative
policies and procedures to ensure compliance with regulations. A detailed contract
monitoring checklist is completed and forwarded to agencies, along with
j recommendations for improvements and needed follow-up. Summaries of contract
monitoring visits and recommendations are provided to the Kent Human Services
Commission.
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APPLICATION FOR OMB Approval No.0348-00�
FEDERAL ASSISTANCE 2.DATE SUBMITTED Applicant Identifier
October 29, 2009 DUNS #: 02-025-3613
1.TYPE OF SUBMISSION: 3.DATE RECEIVED BY STATE State Application Identifier
A plication Preapplication
Construction ❑Construction 4.DATE RECEIVED BY FEDERAL AGENCY Federal Identifier
0 Non-Construction ❑Non-Construction j
5.APPLICANT INFORMATION
Legal Name: Organizational Unit:
City of Kent Parks, Recreation & Community Serv. 1
Address(give city,county,State,and zip code): Name and telephone number of person to be contacted on matters involvi
220 4th Ave. S this application(give area code)
Kent, WA 98032 Katherin Johnson, 253-856-5073
6.EMPLOYER IDENTIFICATION NUMBER(EIN): 7.TYPE OF APPLICANT:(enter appropriate letterin box) I'
�9 1❑ —Lqqfl
A.State H.Independent School Dist.
8.TYPE OF APPLICATION: B.County I.State Controlled Institution of Higher Learning
❑ New 0 Continuation ❑Revision C.Municipal J.Private University
D.Township K.Indian Tribe I
If Revision,enter appropriate letter(s)in box(es) E.Interstate L.Individual
F.Intermunicipal M.Profit Organization
A.Increase Award B.Decrease Award C.Increase Duration G.Special District N.Other(Specify)
D.Decrease Duration Other(specify):
9.NAME OF FEDERAL AGENCY:
Department of Housing and Urban Development(HUD)
10.CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11.DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:
CDBG Entitlement Grant
TITLE: CDBG Entitlement Grant
12.AREAS AFFECTED BY PROJECT(Cities, Counties,States,etc.):
City of Kent, King County, Washington State
13.PROPOSED PROJECT 14.CONGRESSIONAL DISTRICTS OF:
Start Date Ending Date a.Applicant b.Project
1/1/10 12/31/10 8th Congressional Dist/9th Congressional Dist. Same
15.ESTIMATED FUNDING: 16.IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE
ORDER 12372 PROCESS?
a.Federal $ 00
787,000 a.YES. THIS PREAPPLICATION/APPLICATION WAS MADE
00
b.Applicant $ AVAILABLE TO THE STATE EXECUTIVE ORDER 12372
PROCESS FOR REVIEW ON:
c.State $
00 DATE
00 d.Local $
b.No. ® PROGRAM IS NOT COVERED BY E.O. 12372
e.Other $ 00 ❑OR PROGRAM HAS NOT BEEN SELECTED BY STATE
FOR REVIEW
f.Program Income $
00
17.IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
g.TOTAL $ 00 ,
787,000 ❑Yes If"Yes,"attach an explanation. ✓❑ No
18.TO THE BEST OF MY KNOWLEDGE AND BELIEF,ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT,THE
DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE
ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED.
a.Type Name of Authorized Representative b.Title c.Telephone Number
Suzette Cooke Mayor (253)856-5700
d.Signature of Authorized Representative e.Date Signed
Previous Edition Usable Standard Form 424(Rev.7-97)
Authorized for Local Reproduction Prescribed by OMB Circular A-102
P
INSTRUCTIONS FOR THE SF-424
Public reporting burden for this collection of information is estimated to average 45 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0043),Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET.
SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
This is a standard form used by applicants as a required facesheet for preapplications and applications submitted for Federal assistance. It
will be used by Federal agencies to obtain applicant certification that States which have established a review and comment procedure in
response to Executive Order 12372 and have selected the program to be included in their process, have been given an opportunity to review
the applicant's submission.
Item: Entry: Item: Entry:
1. Self-explanatory. 12. List only the largest political entities affected (e.g., State,
counties, cities).
2. Date application submitted to Federal agency(or State if
applicable)and applicant's control number(if applicable). 13. Self-explanatory.
3. State use only(if applicable). 14. List the applicant's Congressional District and any
District(s)affected by the program or project.
4. If this application is to continue or revise an existing award,
enter present Federal identifier number. If for a new project, 15. Amount requested or to be contributed during the first
leave blank. funding/budget period by each contributor.Value of in-
kind contributions should be included on appropriate
5. Legal name of applicant, name of primary organizational unit lines as applicable. If the action will result in a dollar
Iwhich will undertake the assistance activity,complete address of change to an existing award, indicate only the amount
the applicant, and name and telephone number of the person to of the change. For decreases,enclose the amounts in
contact on matters related to this application. parentheses. If both basic and supplemental amounts
jare included, show breakdown on an attached sheet.
6. Enter Employer Identification Number(EIN)as assigned by the For multiple program funding, use totals and show
Internal Revenue Service. breakdown using same categories as item 15.
7. Enter the appropriate letter in the space provided. 16. Applicants should contact the State Single Point of
Contact(SPOC)for Federal Executive Order 12372 to
8. Check appropriate box and enter appropriate letter(s)in the determine whether the application is subject to the
space(s) provided: State intergovernmental review process.
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--"New" means a new assistance award. 17. This question applies to the applicant organization, not
the person who signs as the authorized representative.
--"Continuation"means an extension for an additional Categories of debt include delinquent audit
funding/budget period for a project with a projected disallowances, loans and taxes.
completion date.
18. To be signed by the authorized representative of the
--"Revision"means any change in the Federal applicant.A copy of the governing body's
Government's financial obligation or contingent authorization for you to sign this application as official
liability from an existing obligation. representative must be on file in the applicant's office.
(Certain Federal agencies may require that this
9. Name of Federal agency from which assistance is being authorization be submitted as part of the application.)
requested with this application.
10. Use the Catalog of Federal Domestic Assistance number and
title of the program under which assistance is requested.
11. Enter a brief descriptive title of the project. If more than one
program is involved, you should append an explanation on a
separate sheet. If appropriate(e.g., construction or real
property projects), attach a map showing project location. For
preapplications, use a separate sheet to provide a summary SF-424(Rev.7-97)Back
description of this project.
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Kent City Council Meeting
Date November 3, 2009
Category Consent Calendar - 6D
1. SUBJECT: THIRD QUARTER FEE-IN-LIEU FUNDS - ACCEPT
2. SUMMARY STATEMENT: Accept the $29,913 in fee-in-lieu funds for the
third quarter of 2009, and authorize the expenditure of funds in Wilson Playfields
Acquisition and Development budget.
Between July and September 2009, the City of Kent received a total of $29,913
from one developer who voluntarily paid fees in lieu of dedicating park land to
mitigate the development of single family homes in one subdivision:
• Wilson Playfields Acquisition and Development Budget: $29,913.00 from
Cedar Point, LLC
3. EXHIBITS: Revenue report
4. RECOMMENDED BY: Parks and Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue?_ X
Currently in the Budget? Yes No X
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
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Kent City Council Meeting
Date November 3, 2009
Category Consent Calendar - 6E
1. SUBJECT: FEDERAL DEPARTMENT OF JUSTICE GRANT FOR SAFE HAVENS
PROGRAM - ACCEPT
2. SUMMARY STATEMENT: Accept the $250,000 grant from the Federal
Department of Justice, approve expenditure of funds in the Safe Havens Budget,
and authorize the Mayor to sign the agreement contingent upon an agreement
with the office on Violence Against Women (OVW) to allow the City to end the
project early, or transition the project to a nonprofit.
In January of 2003, the City 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. In 2004 and 2005
an additional $200,000 was awarded to the City. In 2007 OVW awarded the City
$250,000 and with this agreement is awarding another $250,000. With the loss
of funding from the State and King County, Safe Havens is facing a $140,000 gap
in operational funding in 2010. Staff is recommending the agreement is
contingent upon a written understanding with the OVW that the City would have
the right to terminate the agreement early without penalty if the bridge funding is
not found and/or Safe Havens is unable to transition the program to a nonprofit
t agency.
3. EXHIBITS: Federal Grant 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
DISCUSSION:
ACTION:
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Department of Justice
Office on Violence Against Women
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September 18,2009 Washrngron,D.C. 20S31
The Honorable Suzette Cooke
City of Kent
220 South 4th Avenue
Kent,WA 98032
Dear Mayor Cooke:
I
On behalf of Attorney General Brlc Holder,It Is my pleasure to Inform you that the Office on Violence Against Women has
approved your application for funding under the Safe Havens:Supervised Visitation and Exchange Program In the amount of
$250,000 for City of Kent. This award provides the opportunity for recipients to develop and strengthen effective responses to
violence against women. This cooperative agreement supports supervised visitation and safe exchange options for families
with a history of domestic violence,child abuse,sexual assault and stalking,
Enclosed you will find the award package, This award is subject to all administrative and financial requirements,Including the
timely submission of all financial and programmatic reports,resolution of all Interim audit findings,and the maintenance of a
minimum level of cash-on-hand. Should you not adhere to these requirements,you will be in violation of the terms of this
agreement and the award will be subject to termination for cause or other administrative action as appropriate.
If you have questions regarding this award,please contact Michelle B.Dodge at(202)353-7345, For financial questions,
contact the Office of the Chief Finanelal Officer,Customer Service Center(CSC)at (800)458-0786,or by email at
ask,ocfogusdoj,gov.
Congratulations,and we look forward to working with you,
Sincerely,
Catherine Pierce
Acting Director
Enclosures
Department of Justice
Office of Justice Programs
Office for Civil Rights
Washington,D.C.20531
September 18,2009 I
The Honorable Suzette Cooke l
City of Kent
220 South 4th Avenue f
Kent,WA 98032 j
Dear Mayor Cooke:
Congratulations on your recent award.In establishing financial assistance programs,Congress linked the receipt of Federal funding to
compliance with Federal civil rights laws,The Office for Civil Rights(OCR),Office of Justice Programs(OJP),US.Department of Justice
Is responsible for ensuring that recipients of financial aid from OJP,Its component offices and bureaus,the Office on Violence Against
Women(OVW),and the Office of Community Oriented Policing Services(COPS)comply with applicable Federal civil rights statutes and
regulations.We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice
Department funding,-
Ensuring Access to federally Assisted Programs
As you know,Federal laws prohibit recipients of financial assistance from discriminating on the basis of race,color,national origin,
religion,sex,or disability in funded programs or activities,not only in respect to employment practices but also in the delivery of services or I
benefits.Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or
benefits,
Providing Services to Limited English Proficiency(LEP)Individuals
In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964,42 U.S.C.§2000d,recipients of
Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited
English proficiency(LEP).For more Information on the civil rights responsibilities that recipients have in providing language services to
LEP individuals,please see the webshe at http://www,lep.gov.
Ensuring Equal Treatment for faith-Based Organizations
The Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations.In general,the
regulation,Participation in Justice Department Programs by Religious Organizations;Providing for Equal Treatment of all Justice
Department Program Participants,and known as the Equal Treatment Regulation 28 C.F.R,part 38,requires State Administering Agencies
to treat'lhese organizations the same as any other applicant or recipient.The regulation prohibits State Administering Agencies from making
award or grant administration decisions on the basis of nn organization's religious character or affiliation,religious name,or the religious
composition of Its board of directors.
The regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund Inherently
religious activities.While faith-based organizations can engage In non-funded inherently religious activities,they must be held separately I
from the Department of Justice funded program,and customers or beneficiaries cannot be compelled to participate in them.The Equal
Treatment Regulation also makes clear that organizations participating In programs funded by the Department of Justice are not permitted to
discriminate in the provision-of services on the basis of a beneficiary's religion.-For-more Information on the regulation,please see OCR's
website at http://www.ojp,usdoj.gov/ocr/etfbo,htm.
State Administering Agencies and faith-based organizations should also note that the Safe Streets Act,as amended;the Victims of Crime
Act,as amended;and the Juvenile Justice and Delinquency Prevention Act,as amended,contain(prohibitions against discrimination on the
basis of religion In employment.Despite these nondiscrimination provisions,the Justice Department has concluded That the Religious
Freedom Restoration Act(RFRA)is reasonably construed,on a case-by-case basis,to require that Its funding agencies permit faith-based
organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion
when hiring staff,even if the statute that authorizes the funding program generally forbids considering of religion In employment decisions
by grantees.
Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this
Office.
Enforcing Civil Rights Laws
All recipients of Federal financial assistance,regardless of the particular funding source,the amount of the grant award,or the number of
employees in the workforce,are subject to the prohibitions against unlawful discrimination.Accordingly,OCR investigates recipients that
are the subject of discrimination complaints from both individuals and groups.In addition,based on regulatory criteria,OCR selects a
number of recipients each year for compliance reviews,audits that require recipients to submit data showing that they are providing services
equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards,
Complying with the Safe Streets Act or Program Requirements
In addition to these general prohibitions,an organization which is a recipient of financial assistance subject to the nondiscrimination
provisions of the Omnibus Crime Control and Safe Streets Act(Safe Streets Act)of 1968,42 U.S.C.§3789d(c),or other Federal grant
program requirements,must meet two additional requirements:(1)complying with Federal regulations pertaining to the development of an
Equal Employment Opportunity Plan(BEOP),28 C.F.R.§42.301-.308,and(2)submitting to OCR Findings of Discrimination(see 28
C.F.R,§§42.205(5)or 31.202(5)).
1 1) Meeting the BEOP Requirement
In accordance with Federal regulations,Assurance No,6 in the Standard Assurances,COPS Assurance No,8.B,or certain Federal grant
program requirements,your organization must comply with the following ESOP reporting requirements:
If your organization has received an award for$500,000 or more and has 50 or more employees(counting both full-and part-time
employees but excluding political appointees),then it has to prepare an BEOP and submit it to OCR for review within 60 days from the
date of this letter,For assistance In developing an EEOP,please consult OCR's website at http://www.ojp.usdoj.gov/ocr/ceop.htm; You
may also request technical assistance from an BEOP specialist at OCR by dialing(202)616-3208.
If your organization received an award between$25,000 and$500,000 and has 50 or more employees,your organization still has to prepare
an BEOP,but it does not have to submit the BEOP to OCR for review.Instead,your organization has to maintain the BEOP on file and
make it available for review on request,In addition,your organization has to complete Section B of the Certification Form and return It to
OCR,The Certification Form can be found at http://www,ojp.usdoj.gov/oor/coop.htm,
jIf your organization received an award for less than$25,000;or If your organization has less than 50 employees,regardless of the amount of
the award;or If your organization Is a medical Institution,educational Institution;nonprofit organization or Indian tribe,then your
organization Is exempt from the EEOP requirement.However,your organization must complete Section A of the Certification Form and
return it to OCR.The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm.
2) Submitting Findings of Discrimination
In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your
organization after a due process hearing,on the ground of race,color,religion,national origin,or sex,your organization must submit a copy
of the finding to OCR for review.
Ensuring the Compliance of Subrecipients
If your organization makes subawards to other agencies,you are responsible for assuring that subrecipients also comply with all of the
applicable Federal civil rights laws,Including the requirements pertaining to developing and submitting an ESOP,reporting Findings of
Discrimination,and providing language services to LEP persons,State agencies that make subawards must have in place standard grant
assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients.
If we can assist you In any way in fulfilling your civil rights responsibilities as a recipient of Federal funding,please call OCR at(202)307-
0690 or visit our website Kt:http://www,ojp.usdoj.goy/ocr/.
Sincerely,
Michael L.Alston
Director
cc: Grant Manager
Financial Analyst
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Department of Justice
Office of Justice Programs
ti i '1 Office of the Chief Financial Officer
Washington,D.C. 20531
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September 18,2009
The Honorable Suzette Cooke I
City of Kent
220 South 4th Avenue
Kent,WA 98032
Reference Grant Number:2009-CW-AX-KO07 I
Dear Mayor Cooke: I
I am pleased to Inform you that my office has approved the following budget categories for the aforementioned grant award in
the cost categories Identified below:
Category Budget
Personnel $161,690 r
Fringe Benefits $44,244
Travel $21,236
Equipment $3,900
Supplies $0
Construction $0
Contractual $18,930
Other $0
Total Direct Cost $250,000
Indirect Cost $0
Total Project Cost $250,000
Federal Funds Approved: $250,000
Non-Federal Share: $0 f
Program Income: $0
Match is not required for this grant program.
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If you have questions regarding this award,please contact;
Program Questions,Michelle B,Dodge,Program Manager at(202)353-7345
Financial Questions,the Office of Chief Financial Officer,Customer Service Center(CSC)
at(800)458-0786,or you may contact the CSC at ask,ocFo@usdoj.gov,
Congratulations,and we look forward to working with you.
Sincerely,
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Marcia K.Paull
Chief Financial Officer
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' Department of Justice
`t Office on Violence Against Women
PAGE I OF 8
Office on Violence Against Cooperative Agreement
Women
1,RECIPIENT NAME AND ADDRESS(Including 21p Code) 4,AWARD NUMBER: 2009-CW-AX-K007
City of Kent
220 South 4th Avenue 5,PROJECT PERIOD:FROM 10/0112009 TO 09/30/2012
Kent,WA 98032
BUDGET PERIOD:FROM 10/01/2009 TO 09/30/2012
6.AWARD DATE 09/1812009 7,ACTION
IA,GRANTEE IRS/VBNDOR NO. 8,SUPPLEMENT NUMBER Initial
916001265 00
9.PREVIOUS AWARD AMOUNT $0
3.PROJECTTITLE 10.AMOUNT OF THIS AWARD $250,000
Snfo Havens Supervised Visitation and Snfo Bxchg ---•------—
I L TOTAL AWARD $250,000
12.SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH l
ON THE ATTACHBD PAOH(S).
13.STATUTORY AUTHORITY FOR GRANT
This project is supported under 42 U.S.C.10420(OV W-Supervised Visitation)
15.METHOD OF PAYMENT
PAPRS
I(
AOHNCYAPPROVAL ORANTEEACCEPTANCE
16,TYPED NAME AND TITLE OF APPROVING OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Cathodno Pierce Suzette Cooke
Mayor
Acting Dtreolor
17.SIGNATURE OF APPROVING OFFICIAL 19.SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A.DATE l� � I l
// AGENCY USE ONLY f
20.ACCOUNTING CLASSIFICATION CODES 21. CW09D00006
FISCAL PUND BUD. DIV.
YEAR CODE ACT. OFC. REG. SUB, POMS AMOUNT
X A CW 29 00 00 250000
OJP FORM 4000/2(REV.5.81)PREVIOUS EDITIONS ARE OBSOLETE,
OJP FORM 4000/2(REV.4-88)
I
as Department of Justice
Office on Violence Against Women AWARD CONTINUATION
SHEET PAGA 2 OF 8
Cooperative Agreement
PROJECTNUMBER 2009-CW-AX•K007 AWARD DATE 0911812009
SPECIAL CONDITIONS
1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the
Office of Justice Programs(OJP)Financial Guide.
2, The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan(if recipient Is
required to submit one pursuant to 28 C,F,R,Section 42.302),that Is approved by the Office for Civil Rights,is a
I violation of its Certified Assurances and may result In suspension or termination of funding,until such time as the
recipient Is in compliance.
3. The reolpicnt agrees to comply with the organizational audit requirements of OMB Circular A-133,Audits of States,
Local Governments,and Non-Profit Organizations,and further understands and agrees that funds may be withheld,or
1 other related requirements may be Imposed,If outstanding audit issues(if any)from OMB Circular A-133 audits and
any other audits of OJP grant funds)are not satisfactorily and promptly addressed,as further described In the current
edition of the OJP Financial Guide,Chapter 19.
4, Recipient understands and agrees that it cannot use any federal funds,either directly or Indirectly,In support of the
enactment,repeal,modification or adoption of any law,regulation or policy,at any level of government without the
express prior written approval of OVW,in order to avoid violation of 18 USC§ 1913. The recipient may,however,use
federal funds to collaborate with and provide information to Federal,State,local,tribal and territorial public officials
and agencies to develop and Implement policies to reduce or eliminate domestic violence,dating violence,sexual
assault,and stalking(as those terms are defined in 42 USC 13925(a))when such collaboration and provision of
information Is consistent with the activities otherwise authorized under this grant program.
5. The recipient must promptly refer to the DOI OIG any credible evidence that a principal,employee,agent,contractor,
subgrantee,subcontractor,or other person has either 1)submitted a false claim for grant funds under the False Claims
Act;or 2)committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or
similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud,waste,
abuse,or misconduct should be reported to the OIG by-
mail:
Office of the Inspector General
US,Department bf Justice
Investigations Division
950 Pennsylvania Avenue,N,W,
Room 4706
Washington,DC 20530
e-mail:oig,hotline@usdoj.gov
hotline:(contact Information in English and Spanish):(800)869-4499
or hotline fax:(202)616-9881
Additional information is available from the DOS OIG wobsito at%vww,usdoj.gov/oig.
6. The grantee agrees to comply with all relevant statutory and regulatory requirements which may include,-among other
relevant authorities,the Violence Against Women Act of 1994,P.L.103-322,the Violence Against Women Act of
2000,P.L.106-386,the Omnibus Crime Control and Safe Streets Act of 1968,42 U,S.0 3711 et seq.,the Violence
Against Women and Department of Justice Reauthorization Act of 2005,P.L. 109-162,and OVW's implementing
regulations at 28 CFR Part 90.
OJP FORM 400012(RRV.4.88)
Y a Department of Justice
Office on Violence Against Women AWARD CONTINUATION
SHEET PAOB 3 OF 8
N^ Cooperative Agreement
PROJECTRUMBER 2009•CW-AX-R007 AWARD DATE^ 09/1812009- - -- -
SPECIAL CONDITIONS
7. Approval of this award does not indicate approval of any consultant rate in excess of$450 per day. A detailed
justification must be submitted to and approved by the Office on Violence Against Women prior to obligation or f
expenditure of such funds,
8. The Direotor of OVW,upon a finding that there has been substantial failure by the grantee to comply with applicable
laws,regulations,and/or the terms and conditions of the grant or cooperative agreement,will terminate or suspend until
the Director is satisfied that there Is no longer such failure,all or part of the grant or cooperative agreement,in
accordance with the provisions of 28 CPR Part 18,as applicable mutatis mutandis.
9. The grantee agrees to submit one copy of all reports and proposed publications funded under this project not less than
twenty(20)days prior to public release for OVW review. Prior review and approval of a report or publication Is
required If project funds are to be used to publish or distribute reports and publications developed under this grant.
10. The grantee agrees to submit semiannual progress reports that describe project activities during the reporting period.
Progress reports must be submitted within 30 days after the end of the reporting periods,which are January 1-June 30
and July I-December 31 for the duration of the award.Future awards may be withheld If progress reports are
delinquent.Grantees are required to submit this Information online,through the Grants Management System(GMS),on
the semi-annual progress report for the relevant OVW grant programs.
11. Under the Government Performance and Results Act(OPRA)and VAWA 2000,grantees are required to collect and I
maintain data that measure the effectiveness of their grant-funded activities, Accordingly,the grantee agrees to submit
semi-annual electronic progress reports on program activities and program effectiveness measures, Information that
grantees must collect under OPRA and VAWA 2000 Includes,but is not limited to; 1)number of persons served;2)
number of persons seeking services who could not be served;3)number of supervised visitation and exchange centers
supported by the program;4)number of supervised visits between parents and children;and 5)number of supervised
exchanges between parents and children.
12. The recipient agrees to submit quarterly financial status reports to OVW, At present,these reports are to be submitted
on-line(at https://grants,ojp.usdoj.gov)using Standard Form SF 269A,not later than 45 days after the end of each
calendar quarter.The recipient understands that after October 15,2009,OVW will discontinue Its use of the SF 269A,
and will require award recipients to submit quarterly financial status reports within 30 days after the end of each
calendar quarter,using the government-wide Standard Form 425 Federal Financial Report from(available for viewing
at www,whitehouse.gov/omb/grants/standard forms/ffr,pdf). Beginning with The report for the fourth calendar I
quarter of 2009(and continuing thereafter),the recipient agrees that it will submit quarterly financial status reports to
OVW on-line(at bttps://grants.ojp,usdoj,gov)using the SF 425 Federal Financial Report form,not later than 30 days
after The end of each calendar quarter.The final report shall be submitted not later than 90 days following the end of the
grant period,
13, The grantee agrees to comply with the applicable requirements of 28 C,F,R.Part 38,the Department of Justice
regulation governing"Equal Treatment for Faith Based Organizations"(the"Equal Treatment Regulation").The Equal
Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to
fund any inherently religious activities,such as worship,religious instruction,or proselytization.Recipients of direct
grants may still engage in Inherently religious activities,but such activities must be separate in time or place from the
Department of Justice funded program,and participation In such activities by individuals receiving services from the
grantee or a sub-grantee must be voluntary.The Equal Treatment Regulation also makes clear that organizations
participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision
of services on the basis of a beneficiary's religion,
ON FORM 400012(REV.4-89)
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Office on Violence Against Women AWARD CONTINUATION
r SHEET PAGE 4 OF 8
n * Cooperative Agreement
PROJECT NUMBER 2009-CW-AX-K007 AWARD DATE 09/18/2009
SPECIAL CONDITIONS
14, Pursuant to 28 CFR§66,34,the Office on Violence Against Women reserves a royalty-free,nonexclusive,and
irrevocable license to reproduce,publish or otherwise use,and to authorize others to use,In whole or in part(including
in the creation of derivative works),for Federal Government purposes:
(a) any work that is subject.to copyright and was developed under this award,subaward,contract or subcontract
pursuant to this award;and
(b)any work that Is subject to copyright for which ownership was purchased by a recipient,subrecipient or a contractor
with support under this award,
( In addition,the recipient(or subrecipient,contractor or subcontractor)must obtain advance written approval from the
Office on Violence Against Women program manager assigned to this award,and must comply with all conditions
specified by the program manager In connection with that approval before: 1)using award funds to purchase ownership
of,or a license to use,a copyrighted work;or 2)Incorporating any copyrighted work,or portion thereof,Into a new
work developed under this award,
It Is the responsibility of the recipient(and of each subrecipient,contractor or subcontractor as applicable)to ensure
that this condition Is Included In any subaward,contract or subcontract under this award,
15, A final report,which provides a summary of progress toward achieving the goals and objectives of the award,
significant results,and any products developed under the award,Is due 90 days after the end of the award. The Final
Progress Report should be submitted to the Office on Violence Against Women through the Grants Management
System with the Report Type indicated as"Final",
16. The grantee agrees that grant funds will not support activities that may compromise victim safety,such as:pre-trial
diversion programs not approved by OVW or the placement of offenders in such programs;mediation,couples
counseling,family counseling or any other manner of joint victim-offender counseling;mandatory counseling for
victims,penalizing victims who refuse to testW,or promoting procedures that would require victims to seek legal
sanctions against their abusers(o,g„seek a protection order,file formal complaint);or the placement of perpetrators In
anger management programs.
17. All materials and publications(written,visual,or sound)resulting from award activities shall contain the following
statements;"This project was supported by Grant No. awarded by the Office on Violence
Against Women,U.S.Department of Justice, The opinions,findings,conclusions,and recommendations expressed In
this publication/program/exhibilion are those of the author(s)and do not necessarily reflect the views of the Department
of Justice,Office on Violence Against Women.
OJP FORM 4000/2(RBY.4-88)
1
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Office on Violence Against Women AWARD CONTINUATION
SHEET PACE 5 OF 8
a Cooperative Agreement
1
PROJBCrNUMBBR 2009-CW-AX-KO07 AWARD DATE 09/18/2009
SPECIAL CONDMONS
18, Within 45 days after the end of any conference,meeting,retreat,seminar,symposium,training activity,or similar event
funded under this award,and the total cost of which exceeds$20,000 in award funds,the recipient must provide the
program manager with the following information and itemized costs;
1)name of event;
2)event dates;
3)location of event;
4)number of federal attendees;
5)number of non-federal attendees;
6)costs of event space,including rooms for break-out sessions;
7)costs of audio visual services;
8)other equipment costs(e,g„computer fees,telephone fees);
9)costs of printing and distribution;
10)costs of meals provided during the event;
11)costs of refreshments provided during the event-,
12)costs of event planner; {
13)costs of event facilitators;and I
14)any other direct costs assooiated with the event.
The recipient must also itemize and report any of the following attendee(including participants,presenters,speakers)
costs that are paid or reimbursed with cooperative agreement funds;
1)meals and incidental expenses(MME portion of per diem);
2)lodging;
3)transportation to/from event location(e.g.,common carrier,privately owned vehicle(POV));and
4)local transportation(e.g.,rental car,POV)at event location.
i
Note that if any item is paid for with registration fees,or any other non-award funding,then that portion of the expense 1
does not need to be reported. I
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OJP FORM 4000/2(REV.4-88)
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Department of Justice
Office on Violence Against Women AWARD CONTINUATION
C SHEET PAGE 6 OF 8
u Cooperative Agreement
TROJEMNUMBER 2009-CNV-AX-KO07 AWARD DATE 09/18/2009
SPECIAL CONDPPIONS
19. TERMS OF THE COOPERATIVE AGREEMENT
The Office on Violence Against Women(OV W)has elected to enter into a Cooperative Agreement with the City of
Kent and Its project partners,the YWCA of King County,the King County Coalition Against Domestic Violence,the
King County Prosecutor's Protection Order Advocacy Program,and the Unified Fancily Court Division of the King
County Superior Court,to Increase available supervised visitation and safe exchange services for victims of domestic
' violence,child abuse,sexual assault,teen dating violence,and stalking.This decision reflects a strong mutual Interest
in increasing the safety and well-being of victims and their children during supervised visitations and safe exchanges.
The award recipient acknowledges that OV W will play a substantial role in shaping and monitoring the project,
STATEMENT OF FEDERAL INVOLVEMENT
The Office on Violence Against Women(OVW)will:
1.Provide the services of a Federal Program Specialist as a single point of contact for the administration of this
cooperative agreement,
2,Monitor program development and implementation,and fulfill an oversight function regarding the project,
3.Review and approve content and format of the materials produced In conjunction with this project.
4.Provide Input,re-direct the project as needed,and actively monitor the project by methods Including but not limited
to ongoing contact with the recipient,
5.Approve sites and dates of all project related activities.
ON FORM 4000/2(REV,4-ig)
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r L Department of Justice
Office on Violence Against Women AWARD CONTINUATION
` lI SHEET PAGE 7 OF 8
Cooperative Agreement
PROJECT NUMBER 2009-CW-AX-K007 AWARD DATE 09/18/2009
SPECIAL CONDITIONS
20. STATEMENT OF RECIPIENT RESPONSIBILITIES
The City of Kent will work collaboratively in the Implementation of the grant project with the YWCA of King County, i
the King County Coalition Against Domestic Violence,the King County Prosecutor's Protection Order Advocacy it
Program,and the Unified Family Court Division of the King County Superior Court.
Recipients will; {
1.Work closely with OVW in the development and implementation of this project. I
2.Ensure that a multi-disdiplinary team participates in project development and implementation. The multl-
disclplinary team should include representatives from the grantee agency,the state or local court,and the domestic
violence/sexual assault agency. Representatives will participate in the consulting committee;attend meetings and +l
Institutes,as designatedby OVW;and substantially participate In the planning and Implementation of visitation and
exchanges services as outlined by the grant program,
3.Identify a representative of the grantee agency to serve as project coordinator. This representative will substantially {
participate In all aspects of the grant project;coordinate development and implementation activities;and attend
meetings and Institutes,as designated by OVW,
4. Send project staff and collaborative partners to meetings and institutes,as designated by OVW.
S,Participate In all OVW funded technical assistance opportunities related to the Supervised Visitation Grant Program,
including,but not limited to,grantee meetings,on-site technical assistance,and site visits.
6,Allocate project funds,as designated by OVW,for allowable costs to participate in OVW-sponsored technical
assistance,Funds designated for OVW-sponsored technical assistance may not be used for any other purpose without
prior approval of OVW.Technical assistance Includes,but is not limited to,peer-to-peer consultations,focus groups,
mentoring site visits,conferences and workshops conducted by OVW-designated technical assistance providers or
OVW-designated consultants and contractors,
7.Provide OVW with the agenda for any training seminars,workshops,or conferences not sponsored by OVW that I
project staff propose to attend using grant funds.The grantee must receive prior approval from OVW before using
.OVW grant funds to attend any training,workshops,or conferences not sponsored by OVW.To request approval,
grantees must submit a Grant Adjustment Notice(GAN)request through the Grants Management System to OVW with
a copy of the event's brochure,curriculum and/or agenda,a description of the hosts or trainers,and an estimated
breakdown of costs.The GAN request should be submitted to OVW at least 20 days before registration for the event is
due.Approval to attend non-OVW sponsored programs will be given on a case-by-case basis.
8,Ensure that grant funds will be used to support supervised visitation and safe visitation exchange of children by and
between parents In situations involving domestic violence,child abuse,sexual assault,or stalking.In accordance with
42 USC 10420,the grantee may not use grant funds to support individual counseling,family counseling,parent
education,support groups or therapeutic supervision.The grantee may not mandate victims to parent education or other
program services. {
9. Ensure that grant funds will not be used to provide offslte or overnight visitation services.Offsite visitation Includes, 1
but I$not limited to,any monitored visit between a child and a non-custodial parent that occurs outside the premises of
the visitation center.Overnight visitation includes,but is not limited to,any monitored visit between a child and a non-
custodial parent that occurs outside of the normal operating hours of the visitation center.
O1P FORM 4000/2(REV.4-88)
Department of Justice
Office on Violence Against Women AWARD CONTINUATION
SHEET PAGE 8 OF 8
Cooperative Agreement
PROJEGTNUMBER 2009•CW-AX-KO07 AIVARDDATE 09/1812009
SPECIAL CONDITIONS
21. STATBMBNT OF RECIPIENT RESPONSIBILITIES,Cont.
10, Develop formal affitlations with organizations that will be able to provide services and consultation to the
programs In their work with children and parents.Accordingly,grantees must establish a consulting committee that
includes experts in the following fields;child abuse and neglect,mental health,batterees intervention,law
enforcement,child protection services,and advocacy for victims of domestic violence,dating violence,stalking and
i sexual assault.
11, Develop and implement adequate security measures,Including but not limited to,adequate facilities,procedures,
and personnel capable of preventing violence,for the operation of supervised visitation programs or safe visitation
exchange.
f 12,Agree that if fees are charged for use of programs or services,any fees charged must be based on the Income of the
(((( Individuals using the programs or services,unless otherwise provided by court order.
13,Ensure that the grant project is developed and implemented In a manner that Is consistent with the Guiding
Principles of the Supervised Visitation Program.The Guiding Principals embody the statutory requirements and
objectives of the Supervised Visitation Program,They are Intended to guide practice for OVW grantees.The standards
and practices included within the Guiding Principles are considered to be good practice when addressing'the needs of
victims and their children. Centers funded under the Supervised Visitation Program can and are encouraged to go
beyond the practices outline within the Guiding Principles.
UP FORM 4000/2(REV.4-88)
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Department of Justice
' tt Office on Violence Against Women
Washington,D.C.20531
Memorandum To: Official Grant File
From: Marne R.Shlels,Environmental Coordinator 1
Subject: Categorical Exclusion for City of Kent
The Safe Havens:Supervised Visitation and Safe Exchange Grant Program(Supervised Visitation I
Program)was authorized as a two-year pilot program under the Violence Against Women Act of
2000(VAWA 2000)to increase supervised visitation and exchange options for families with a history of
domestic violence,child abuse,sexual assault or stalking.The Program was reauthorized in 2005 with
the passage of the Violence Against Women and Department of Justice Requthorization Act of 2005 f
(VAWA 2005). Eligible applicants for the program include states,Indian tribal governments,and units 11
of local government. By statute,projects funded under the Supervised Visitation Program must
demonstrate expertise in the area of family violence,provide a sliding fee scale for clients,demonstrate
adequate security measures,and prescribe standards and protocols by which supervised visitation or safe r
exchanges will occur, 1
None of the following activities will be conducted under the OVW federal action:
1.New construction.
2.Any renovation or remodeling of a property either(a)listed on or eligible for listing on the National
Register of Historic Places or(b)located within a 100-year floodplain.
3,A renovation which will change the basic prior use of a facility or significantly change its size, l
4,Research and technology whose anticipated and future application could be expected to have an effect f
on the environment,
5.Implementation of a program involving the use of chemicals.
Consequently,the subject federal action meets the criteria for a categorical exclusion as contained in
paragraph 4(b)of Appendix D to Part 61 of the Code of Federal Regulations(adopted by OVW at 28
CFR§0.122(b)).
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Department of Justice GRANT MANAGER'S MEMORANDUM,PT.I:
Office on Violence Against Women PROJECT SUMMARY
a Cooperative Agreement
PROJECT NUMBER
PAGE I OF 1
2009-CW-AX-XOOI
This project Is supported under 42 U.S.C,10420(OVW Supervised Visitation)
I.STAFF CONTACT(Name&telephone number) 2.PROJECT DIRECTOR(Name,address&telephone number)
Michelle B.Dodge Tracce Parker
(202)353-7345 Safe Havens Supervisor
220 4th Ave S.
Kent,WA 93032-5838
(253)856-5074
3n.TITLE OF THE PROGRAM 3b.POMS CODE(SEE INSTRUCTIONS
ON REVERSE)
OVW FY 09 Safe Havens:Supervised Vlshullon and Safe Exchange
4.TITLE OF PROJECT
Safe Havens Supervised Visitation and Safe Excltg
5,NAME&ADDRESS OF GRANTEE 6.NAME&ADRESS OF SUBORANTEE
City of Kent
220 South Mir Avenue
Kent,WA 98D32
7.PROGRAM PERIOD 8.BUDGET PERIOD
FROM: 1 010 1/2 0 0 9 T0: 09/30/2012 FROM: 10101/2009 TO: 09/30/2012 -
9,AMOUNT OF AWARD 10,DATE OF AWARD
$250,000 09/18/2009
11.SECOND YEAR'S BUDGET T 12.SECOND YEAR'S BUDGET AMOUNT
13.TRIAD YEAR'S BUDGET PERIOD — 14.THIRD YEAR'S BUDGET AMOUNT
15.SUMMARY DESCRIPTION OF PROJECT(See Instruction on reverse)
The Safe Havens:Supervised Visitation and Safe Exchange Grant Program(Supervised Visitation Program)was authorized as a two-year pilot program under the
Violence Against Women Act of 2000 to Increase supervised visitation and exchange options for families with it history of domeslie violence,child abuse,sexual
assault or stalking.The Program was reauthorized In 2005 with the passage of the Violence Against Women Act 2005.Eligible applicants for the program Include
states,Indian tribal governments,and units of local government. By statute,projects funded under the Supervised Visitation Program must demonstrate expertise In
the area of family violence,provide a sliding fee scale for clients,demonstrate adequate security measures,and prescribe standards and protocols by which
supervised visitation or safe exchnnges will occur.
In PY 2007,the City of Kept and Its collaborative partners,the YWCA of King County,the King County Coalition Against Domestic Violence,the King County
Prosecutor's Protection Order Advocacy Program,and the Unified Family Court Division of the King County Superior Court,received OVW funding to support
OJP FORM 4000/2(REV,4-88)
supervised visitation and safe exchange servlces, Funding from this FY 2009 cooperative agreement will enable the collaborative,to Increase options for supervised
visitation and safe exchange,reduce acts of violence and Intimidation,and contribute to the well being of victims of domestic violence and their children.The City I
of Kent will serve as the fiscal and Implementing agency for this project,
CARJCF
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Kent City Council Meeting
Date November 3, 2009
Category Consent Calendar - 6F
1. SUBJECT: PARKING CODE REVISION ORDINANCE - ADOPT
2. SUMMARY STATEMENT: Adopt Ordinance No. amending Kent City
Code Section 9.38.045 to prohibit parking from 10:00 p.m. to 6:00 a.m. on both
sides of South 203rd Street, from 100th Avenue SE, westerly approximately 600
feet to the westerly boundary of Chestnut Ridge Park.
J
The Chestnut Ridge Homeowners Association Board requested that parking be
prohibited between 10:00 p.m. and 6:00 a.m. due to increasing concerns raised
by the neighborhood regarding disturbances from young adults congregating in
the Chestnut Ridge Park after the park has closed.
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3. EXHIBITS: Public Works Memorandum dated 10/14/09, Chestnut Ridge HOA
t letter and Ordinance
11 4. RECOMMENDED BY: Public Works 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
1"
DISCUSSION:
1 ACTION:
3
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, Interim Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASHINGTON
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
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Date: October 14, 2009
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: October 19, 2009
From: Steve Mullen, Transportation Engineering Manager
Through: Tim Laporte, Interim Public Works Director
Subject: Revisions to the Parking Code
I
Move to recommend the City Council adopt an ordinance to amend the
Parking Code 9.38.045, Parking prohibited from 10:00 p.m. to 6:00 a. m.,
to include both sides of S 203rd Street, from 100t" Avenue SE, westerly
approximately 600 feet to the westerly boundary of Chestnut Ridge Park.
I
Summary:
A letter from the Chestnut Ridge Homeowners Association Board requesting that
parking be prohibited between 10:00 p.m. and 6:00 a.m. due to an increasing
y number of concerns raised by residents regarding disturbances from young adults
congregating in the Chestnut Ridge Park after the park has closed, involving
drinking of alcohol, loud noise, fights, graffiti and large amounts of trash left behind
and along South 203rd Street, adjacent to the park.
Governing Policies Procedures Rules & Regulations:
RCW 46.61.570, WAC 308-330, KCC 9.38.045
Budget Impact:
Cost of installing signs (4)
P:I Public 1 AdminSupl Belh I PWCommi nee l AclionPnge.doc
5
Chestnut Ridge 10842 SE 208th, Suite 101
Kent, WA 98031
Homeownees Association
October 13,2009
Steve Mullin
Mana22er, City of Kent Transportation Engineering Dept.
220 4 Ave.
Kent,WA 98032
Dear Steve:
We, as the Chestnut Ridge Homeowners Association (HOA) Board, request that the City of Kent
prohibit parking between 10:00 PM and 6:00 AM on both sides of S. 20P Street from the corner of
100 Ave SE west to the west boundary Chestnut Ridge Park. We are making this request due to
multiple concerns raised by members of our neighborhood due to increasing numbers of disturbances
over the last several years. The Chestnut Ridge Park, located on S 203rd St in Kent, is used by
young adults(aged from their late teens to early twenties)as a social meeting place. The park officially
closes at dusk, and the parking lot gate is secured, but their activities continue late into the night, even
during the winter months. The complaints range from noise, laITe amount of trash, drinking, drug use
I
and selling,fights,graffiti, ...within the park and/or along S.203 Street.
We believe that restricting parking along 203`d Street will help to significantly reduce late night activities
at Chestnut Ridge Park and are asking that the City of Kent take immediate action on this request in
order to avoid continued escalation of undesirable and illegal activities.
Sincerely,
Rick McGann
President, Chestnut Ridge HOA
Suzanne Cameron
Vice President,Chestnut Ridge HOA
Valerie McCune
Treasurer,Chestnut Ridge HOA
Bruce Kelly
Secretary, Chestnut Ridge HOA
Ann-Marie Pennington
Assistant Treasurer, Chestnut Ridge HOA
Robert Huston
Member at Large, Chestnut Ridge HOA
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending section
9.38.045 of the Kent City Code to prohibit parking
on S. 203rd Street from 1001h Avenue S.E.
westerly, approximately 600 feet, to the westerly
' boundary of Chestnut Ridge Park from 10:00 P.M.
to 6:00 A.M.
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RECITALS
1 A. Section 9.38.045 of the Kent City Code sets forth those areas
I within the City of Kent where parking is prohibited from 10:00 p.m. to
6:00 a.m.
B. Currently, there is no restriction on parking along S. 203rd
Street from 100th Avenue S.E. westerly, approximately 600 feet to the
westerly boundary of Chestnut Ridge Park.
C. The Chestnut Ridge Homeowner's Association has requested
that the City impose a parking restriction in an effort to reduce disruptive
outdoor late night activities at Chestnut Ridge Park.
D. The Council finds that the amendment will help to achieve
that purpose.
1 Amend KCC 9.38.045 - Parking
Prohibition on S. 203rd Street
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Section 9.38.045 of the Kent City
Code, entitled "Parking prohibited from 10:00 p.m. to 6:00 a.m." is
amended as follows:
Sec. 9.38.045. Parking prohibited from 10:00 p.m. to 6:00 I
a.m. At such time as the traffic engineer shall place the appropriate sign,
it shall be illegal to park any motor or other vehicle between the hours of
10:00 p.m. and 6:00 a.m., unless otherwise indicated, at the following
locations:
1. The north side of SE 276th Place between the east and west
boundaries of Springwood Park. f
2. On both sides of SE 274th Street between 128th Place SE and the I
end of the street, adjacent to Springwood Park.
3. On both sides of S 203rd Street, from 100th Avenue S.E. westerly,
approximately 600 feet, to the westerly boundary of Chestnut Ridge Park.
SECTION 2. - Severability. If any one or more section,
subsections, or sentences of this ordinance are held to be unconstitutional l
or invalid, such decision shall not affect the validity of the remaining
portion of this ordinance and the same shall remain in full force and effect.
SECTION 3. - Effective Date. This ordinance shall take effect and f
be in force thirty (30) days from and after its passage as provided by law.
1
SUZETTE COOKE, MAYOR
2 Amend KCC 9.38.045 - Parking
Prohibition on S. 203rd Street
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ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
1
I PASSED: day of , 2009.
APPROVED: day of , 2009.
PUBLISHED: day of , 2009.
I
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
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P:\Civil\Ordinance\ParkingProhibited-South203rdSt-Amend938045.docx
3 Amend KCC 9.38.045 - Parking
Prohibition on S. 203rd Street
1
i' Kent City Council Meeting
Date November 3, 2009
I Category Consent Calendar - 6G
1. SUBJECT: HWA GEO SCIENCES CONSULTANT CONTRACT - AUTHORIZE
( i 2. SUMMARY STATEMENT: Authorize the Mayor to sign a consultant contract
between the City of Kent and HWA Geo Sciences in the amount of $38,149, for
the purpose of providing materials testing and inspection services related to the
it 2"d Avenue Pedestrian Improvements Project.
Routine inspection and construction management, including project
f documentation and pay estimate management will be done by City staff;
however, the construction of this project will also involve materials testing and
soils engineer/inspection that is beyond the expertise of City staff.
4
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a 3. EXHIBITS: Public Works Memorandum dated 10/12/2009 and Local Agency
Agreement
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
1 5. FISCAL IMPACT
Expenditure? X Revenue?
Currently in the Budget? Yes X No
I
6. CITY COUNCIL ACTION:
I '1
Councilmember moves, Councilmember seconds
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6
DISCUSSION:
j ACTION:
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, Interm Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
W A 5 H I N G T O N
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: October 12, 2009
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: October 19, 2009
From: Pete Tenerelli, Construction Manager
Through: Tim LaPorte, Interim Director of Public Works
Subject: 2"d Avenue Pedestrian Improvements/Consultant Contract with HWA
Geo Sciences for Materials Testing and Inspection Services
Move to authorize the Mayor sign a consultant contract between the City and HWA
Geo Sciences, in the amount of $38,149, for the purpose of providing materials
testing and inspection services related to 2"d Avenue Pedestrian Improvements
Project upon concurrence of the language therein by the City Attorney and Interim
Public Works Director.
Summary:
Public Works Engineering designed a pedestrian improvement project to replace some
deteriorated and tree-damaged sidewalk in the Central Business District of the City. The
routine inspection and construction management, including project documentation and pay
estimate management will be accomplished using in-house City staff; however, the
construction of this project will also involve materials testing and soils engineering/inspection
that is beyond the expertise of City staff. Due to the fact that the project will be receiving
Federal Funding there is not a more costs effective option but to perform the quality control
and materials testing and inspection to Federal Standards. HWA Geo Sciences possesses this
expertise and was selected through a competitive process based upon their qualifications.
Staff feels it is in the best interest of the City to enter into this agreement.
BUDGET IMPACT:
Currently in Budget
U\P W CommateeWchonPage\10 1909 H WAGeoSclencesContract doc
13
Local Agency ConsultanVAddress/Telephone
HWA GeoSciences Inc.
Standard Consultant 19730 64th Ave. W.,Suite 200
Agreement Lynnwood, WA 98036-5957
Contact: Tony Mratin
®Architectural/Engineering Agreement
❑ Personal Services Agreement (425) 774-0106
Agreement Number
LA-7015 Project Title And Work Description
Federal Aid Number 2nd Ave. Pedestrian Improvements
CM-9917 (014) Provide on-call construction observation and testing
Agreement Type(Choose one) services.
❑ Lump Sum
Lump Sum Amount $
❑ Cost Plus Fixed Fee
Overhead Progress Payment Rate
Overhead Cost Method DBE Participation
❑Actual Cost Yes ® No
Federal ID Number or Social Security Number
❑Actual Cost Not To Exceed % 91-1142610
❑ Fixed Overhead Rate % Do you require a 1099 for IRS? Completion Date
Fixed Fee $ D Yes ® No July 31, 2010
®Specific Rates Of Pay Total Amount Authorized $ 38,149.00
® Negotiated Hourly Rate
Management Reserve Fund$
❑ Provisional Hourly Rate
❑ Cost Per Unit of Work Maximum Amount Payable$ 38,149.00
Index of Exhibits (Check all that apply):
®Exhibit A-1 Scope of Work ❑Exhibit G-2 Fee-Sub Specific Rates
❑ Exhibit A-2 Task Order Agreement ❑ Exhibit G-3 Sub Overhead Cost
❑Exhibit B-I DBE Utilization Certification ® Exhibit H Title VI Assurances
® Exhibit C Electronic Exchange of Data ® Exhibit I Payment Upon Termination of Agreement
❑ Exhibit D-1 Payment-Lump Sum ® Exhibit J Alleged Consultant Design Error Procedures
❑Exhibit D-2 Payment-Cost Plus ® Exhibit K Consultant Claim Procedures
®Exhibit D-3 Payment-Hourly Rate ❑Exhibit L Liability Insurance Increase
❑Exhibit D-4 Payment-Provisional ® Exhibit M-1 a Consultant Certification
D Exhibit E-I Fee-Lump/Fixed/Unit ®Exhibit M-Ib Agency Official Certification
®Exhibit E-2 Fee-Specific Rates Exhibit M-2 Certification-Primary
I ® Exhibit F Overhead Cost ❑Exhibit M-3 Lobbying Certification
❑Exhibit G Subcontracted Work ❑Exhibit M4 Pricing Data Certification
❑Exhibit G-1 Subconsultant Fee ®App.31.910 Supplemental Signature Page
THIS AGREEMENT,made and entered into this day of ,
between the Local Agency of City of Kent , Washington,hereinafter called the"AGENCY",
and the above organization hereinafter called the"CONSULTANT".
DOT Form 140-089 EF Page 1 of 8
Revised 3/2008
WITNESSETH THAT: 14
WHEREAS,the AGENCY desires to accomplish the above referenced project,and
WHEREAS,the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it
advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT;
and
WHEREAS,the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to
professional registration, if applicable,and has signified a willingness to furnish Consulting services to the AGENCY,
NOW THEREFORE,in consideration of the terms,conditions,covenants and performance contained herein,or attached
and incorporated and made a part hereof,the parties hereto agree as follows:
I General Description of Work
The work under this AGREEMENT shall consist of the above described work and services as herein defined and
necessary to accomplish the completed work for this PROJECT.The CONSULTANT shall furnish all services,labor,and
related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT.
II Scope of Work
The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit"A"attached hereto and
by this reference made a part of this AGREEMENT.
III General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies,groups,or individuals shall receive
advance approval by the AGENCY.Necessary contacts and meetings with agencies,groups,and/or individuals shall be
coordinated through the AGENCY.The CONSULTANT shall attend coordination,progress and presentation meetings
with the AGENCY and/or such Federal,State,Community,City or County officials,groups or individuals as may be
requested by the AGENCY.The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring
CONSULTANT participation.The minimum required hours or days notice shall be agreed to between the AGENCY and
the CONSULTANT and shown in Exhibit"A."
The CONSULTANT shall prepare a monthly progress report,in a form approved by the AGENCY,which will outline in
written and graphical form the various phases and the order of performance of the work in sufficient detail so that the
progress of the work can easily be evaluated.
The CONSULTANT,and each SUBCONSULTANT,shall not discriminate on the basis of race,color,national origin,or
sex in the performance of this contract.The CONSULTANT,and each SUBCONSULTANT,shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the
termination of this AGREEMENT.
Participation for Disadvantaged Business Enterprises(DBE),if required,per 49 CFR Part 26,or participation of Minority
Business Enterprises(MBE),and Women Business Enterprises(WBE),shall be shown on the heading of this
AGREEMENT. If D/M/WBE firms are utilized,the amounts authorized to each firm and their certification number will be
shown on Exhibit"B"attached hereto and by this reference made a part of this AGREEMENT.If the Prime
CONSULTANT is a DBE firm they must comply with the Commercial Useful Function(CUF)regulation outlined in the
AGENCY'S"DBE Program Participation Plan". The mandatory DBE participation goals of the AGREEMENT are those
established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the
AGENCY.
All Reports,PS&E materials,and other data furnished to the CONSULTANT by the AGENCY shall be returned.All
electronic files,prepared by the CONSULTANT,must meet the requirements as outlined in Exhibit"C"
All designs,drawings,specifications,documents,and other work products, including all electronic files,prepared by the
CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT,
and are the property of the AGENCY.Reuse by the AGENCY or by others,acting through or on behalf of the AGENCY
of any such instruments of service,not occurring as a part of this PROJECT,shall be without liability or legal exposure to
the CONSULTANT.
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15
IV Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the
AGENCY.
All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under
completion date.
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,but
may be extended by the AGENCY in the event of a delay attributable to the AGENCY,or because of unavoidable
delays caused by an act of GOD or governmental actions or other conditions beyond the control of the
CONSULTANT.A prior supplemental agreement issued by the AGENCY is required to extend the established
completion time.
V Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided in Exhibit"D"attached hereto,and by reference made part of this AGREEMENT.Such
payment shall be full compensation for work performed or services rendered and for all labor,materials,supplies,
equipment,and incidentals necessary to complete the work.The CONSULTANT shall conform to all applicable
portions of 48 CFR Part 31.
A post audit may be performed on this AGREEMENT.The need for a post audit will be determined by the State
Auditor,WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager.
VI Sub-Contracting
The AGENCY permits sub-contracts for those items of work as shown in Exhibit"G"attached hereto and by this
reference made part of this AGREEMENT.
Compensation for this sub-consultant work shall be based on the cost factors shown on Exhibit"G"
The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has been
issued by the AGENCY.
All reimbursable direct labor,overhead,direct non-salary costs and fixed fee costs for the sub-consultant shall be
substantiated in the same manner as outlined in Section V.All sub-contracts shall contain all applicable provisions of
this AGREEMENT.
With respect to sub-consultant payment,the CONSULTANT shall comply with all applicable sections of the Prompt
Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior
written permission of the AGENCY.No permission for sub-contracting shall create,between the AGENCY and sub-
contractor,any contract or any other relationship.A DBE certified sub-consultant is required to perform a minimum
amount of their sub-contracted agreement that is established by the WSDOT Highways and Local Programs Project
Development Engineer in consultation with the AGENCY.
Vll Employment
The CONSULTANT warrants that they have not employed or retained any company or person,other than a bona fide
employee working solely for the CONSULTANT,to solicit or secure this contract,and that it has not paid or agreed to
pay any company or person,other than a bona fide employee working solely for the CONSULTANT,any fee,
commission,percentage,brokerage fee,gift,or any other consideration,contingent upon or resulting from the award or
making of this contract.For breach or violation of this warrant,the AGENCY shall have the right to annul this
AGREEMENT without liability or,in its discretion,to deduct from the AGREEMENT price or consideration or
otherwise recover the full amount of such fee,commission,percentage,brokerage fee,gift,or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or
services required of the CONSULTANT under this AGREEMENT,shall be considered employees of the
CONSULTANT only and not of the AGENCY,and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged,and any and all claims made by a
Page 3 of 8
third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons 16
while so engaged on any of the work or services provided to be rendered herein,shall be the sole obligation and
responsibility of the CONSULTANT.
The CONSULTANT shall not engage,on a hull-or part-time basis,or other basis,during the period of the contract,any
professional or technical personnel who are,or have been,at any time during the period of the contract,in the employ
of the United States Department of Transportation,or the STATE,or the AGENCY,except regularly retired
employees,without written consent of the public employer of such person.
Vill Nondiscrimination
During the performance of this contract,the CONSULTANT,for itself, its assignees,and successors in interest agrees
to comply with the following laws and regulations:
Title VI of the Civil Rights Act of 1964
(42 USC Chapter 21 Subchapter V Section 2000d through 2000d4a)
Federal-aid Highway Act of 1973
(23 USC Chapter 3 Section 324)
Rehabilitation Act of 1973
(29 USC Chapter 16 Subchapter V Section 794)
Age Discrimination Act of 1975
(42 USC Chapter 76 Section 6101 et seq.)
Civil Rights Restoration Act of 1987
(Public Law 100-259)
American with Disabilities Act of 1990
(42 USC Chapter 126 Section 12101 et.seq.)
49 CFR Part 21
23 CFR Part 200
RC W 49.60.180
In relation to Title VI of the Civil Rights Act of 1964,the CONSULTANT is bound by the provisions of Exhibit"H"
attached hereto and by this reference made part of this AGREEMENT,and shall include the attached Exhibit"H"in
every sub-contract, including procurement of materials and leases of equipment,unless exempt by the Regulations or
directives issued pursuant thereto.
IX Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten(10)days written notice to
the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the
CONSULTANT,a final payment shall be made to the CONSULTANT as shown in Exhibit"I"for the type of
AGREEMENT used.
No payment shall be made for any work completed after ten(10)days following receipt by the CONSULTANT of the
Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds
the total amount that would be due when computed as set forth herein above,then no final payment shall be due and the
CONSULTANT shall immediately reimburse the AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
Rage 4 of 8
In such an event,the amount to be paid shall be determined by the AGENCY with consideration given to the actual 17
costs incurred by the CONSULTANT in performing the work to the date of termination,the amount of work originally
required which was satisfactorily completed to date of termination,whether that work is in a form or a type which is
usable to the AGENCY at the time of termination,the cost to the AGENCY of employing another firm to complete the
work required and the time which may be required to do so,and other factors which affect the value to the AGENCY
of the work performed at the time of termination.
Under no circumstances shall payment made under this subsection exceed the amount,which would have been made
using the formula set forth above.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to
perform is without the CONSULTANT'S or it's employee's default or negligence,the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event,the CONSULTANT would be reimbursed for
actual costs in accordance with the termination for other than default clauses listed previously.
In the event of the death of any member,partner or officer of the CONSULTANT or any of its supervisory personnel
assigned to the PROJECT, or dissolution of the partnership,termination of the corporation,or disaffiliation of the
principally involved employee,the surviving members of the CONSULTANT hereby agree to complete the work under
the terms of this AGREEMENT,if requested to do so by the AGENCY.This subsection shall not be a bar to
renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY,if the
AGENCY so chooses.
In the event of the death of any of the parties listed in the previous paragraph,should the surviving members of the
CONSULTANT,with the AGENCY'S concurrence,desire to terminate this AGREEMENT,payment shall be made as
set forth in the second paragraph of this section.
Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of
any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT,or for
failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the
AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or
omission by the CONSULTANT.
X Changes of Work
The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary
to correct errors appearing therein,when required to do so by the AGENCY,without additional compensation thereof.
Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts
thereof changed or revised,the CONSULTANT shall make such revisions as directed by the AGENCY. This work
shall be considered as Extra Work and will be paid for as herein provided under Section XIV.
X1 Disputes
Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the
CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY
Engineer,whose decision in the matter shall be final and binding on the parties of this AGREEMENT;provided,
however,that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision,that
decision shall be subject to de novo judicial review.If the parties to this AGREEMENT mutually agree,disputes
concerning alleged design errors will be conducted under the procedures found in Exhibit"J",and disputes concerning
claims will be conducted under the procedures found in Exhibit"V'.
XII Venue,Applicable Law, and Personal Jurisdiction
In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or
obligation under this AGREEMENT,the parties hereto agree that any such action shall be initiated in the Superior
court of the State of Washington,situated in the county in which the AGENCY is located.The parties hereto agree that
all questions shall be resolved by application of Washington law and that the parties to such action shall have the right
of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington.The
CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington,situated
in the county in which the AGENCY is located.
Page 5 of a
is
XIII Legal Relations
The CONSULTANT shall comply with all Federal,State,and local laws and ordinances applicable to the work to be
done under this AGREEMENT.This contract shall be interpreted and construed in accordance with the laws of the
State of Washington.
The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless
from and shall process and defend at its own expense all claims,demands,or suits at law or equity arising in whole or
in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT;provided
that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold
harmless the AGENCY or the STATE from claims,demands or suits based solely upon the conduct of the AGENCY or
the STATE,their agents,officers and employees;and provided further that if the claims or suits are caused by or result
from the concurrent negligence of(a)the CONSULTANT'S agents or employees,and(b)the AGENCY or the
STATE,their agents,officers and employees,this indemnity provision with respect to(1)claims or suits based upon
such negligence(2)the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and
enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents
or employees.
The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor.
The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws,including RCW 42.23,
which is the Code of Ethics for regulating contract interest by municipal officers.The CONSULTANT specifically
assumes potential liability for actions brought by the CONSULTANT'S own,employees against the AGENCY and,
solely for the purpose of this indemnification and defense,the CONSULTANT specifically waives any immunity under
the state industrial insurance law,Title S 1 RCW.
Unless otherwise specified in the AGREEMENT,the AGENCY shall be responsible for administration of construction
contracts,if any,on the PROJECT. Subject to the processing of a new sole source,or an acceptable supplemental
agreement,the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By
providing such assistance,the CONSULTANT shall assume no responsibility for:proper construction techniques,job
site safety,or any construction contractor's failure to perform its work in accordance with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT,or as otherwise required,
the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to
Title 48 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B.Commercial general liability and property damage insurance in an aggregate amount not less than two million
dollars($2,000,000)for bodily injury,including death and property damage. The per occurrence amount shall
not exceed one million dollars($1,000,000).
C.Vehicle liability insurance for any automobile used in an amount not less than a one million dollar($1,000,000)
combined single limit.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the
CONSULTANT,the AGENCY will be named on all policies as an additional insured.The CONSULTANT shall
furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT.The AGENCY
reserves the right to require complete,certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington.The
CONSULTANT shall submit a verification of insurance as outlined above within fourteen(14)days of the execution of
this AGREEMENT to the AGENCY.
No cancellation of the foregoing policies shall be effective without thirty(30)days prior notice to the AGENCY.
The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this
AGREEMENT or one million($1,000,000)dollars,whichever is the greater,unless modified by Exhibit"L".In no
case shall the CONSULTANT'S professional liability to third parties be limited in any way.
Page 6 of 8
The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this 19
section. This remedy is not exclusive;and the AGENCY and the STATE may take such other action as is available to it
under other provisions of this AGREEMENT,or otherwise in law.
XIV Extra Work
A.The AGENCY may at any time,by written order,make changes within the general scope of the AGREEMENT in
the services to be performed.
B. If any such change causes an increase or decrease in the estimated cost of,or the time required for,performance of
any part of the work under this AGREEMENT,whether or not changed by the order,or otherwise affects any other
terms and conditions of the AGREEMENT,the AGENCY shall make an equitable adjustment in the(1)maximum
amount payable;(2)delivery or completion schedule,or both;and(3)other affected terms and shall modify the
AGREEMENT accordingly.
C.The CONSULTANT must submit any"request for equitable adjustment",hereafter referred to as"CLAIM",under
this clause within thirty(30)days from the date of receipt of the written order.However,if the AGENCY decides
that the facts justify it,the AGENCY may receive and act upon a CLAIM submitted before final payment of the
AGREEMENT.
D.Failure to agree to any adjustment shall be a dispute under the Disputes clause.However,nothing in this clause
shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E.Notwithstanding the terms and conditions of paragraphs(A)and(B)above,the maximum amount payable for this
AGREEMENT,shall not be increased or considered to be increased except by specific written supplement to this
AGREEMENT.
XV Endorsement of Plans
If applicable,the CONSULTANT shall place their endorsement on all plans,estimates,or any other engineering data
furnished by them.
XVI Federal and State Review
The Federal Highway Administration and the Washington State Department of Transportation shall have the right to
participate in the review or examination of the work in progress.
XVII Certification of the Consultant and the Agency
Attached hereto as Exhibit"M-1(a and b)"are the Certifications of the CONSULTANT and the AGENCY,Exhibit"M
-2"Certification Regarding Debarment,Suspension and Other Responsibility Matters-Primary Covered Transactions,
Exhibit"M-3"Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit"M-4"
Certificate of Current Cost or Pricing Data.Exhibit"M-3"is required only in AGREEMENTS over V00,000 and
Exhibit"M-4"is required only in AGREEMENTS over$500,000.
XVIII Complete Agreement
This document and referenced attachments contain all covenants,stipulations,and provisions agreed upon by the
parties.No agent,or representative of either party has authority to make,and the parties shall not be bound by or be
liable for,any statement,representation,promise or agreement not set forth herein.No changes,amendments,or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to
this AGREEMENT.
XIX Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts,each of which shall be deemed to be an
original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements,representations,
warranties,covenants,and agreements contained in the proposal,and the supporting material submitted by the
CONSULTANT,and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof.
Page 7 of 8
i�In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the 20
"Execution Date" box on page one(1)of this AGREEMENT.
By By
Suzette Cooke, Mayor
Consultant Agency,, Cft3'of Kcnt.
I
DOT Form 140-089 EF
Revised 3/2008 Page 8 of 8
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j HWA.GEOSCIENCES INC.
® Geotechnical a Par,ement Engineering • Hydrogeology • Geoenr,ironmental • Inspection er Testing
"EXHIBIT A-1 — SCOPE OF WORK"
SSS:� 1,'.LJ• !•_:ri7 rd:.r,�'fit' Jrt'�;:s;t F"yL�
pp1
September 18 2009
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HWA Proposal No. P6294 (Revised)
City of Kent _..s
220 Fourth Ave South
Kent, WA 98032-5895
I Attention: Mr, Peter M. Tenerelli and/or Mr. Paul Kuehne
Subject: Revised Proposed Scope of Services and Fee Estimate
Quality Assurance'Testing and Inspection Services
2009 Downtown Sidewalk Project City of Kent
Dear Mr.. Tenerelli or Mr.Kuehn:
As requested, HWA has revised the following proposal to provide on-call construction observation
and testing services during the now-anticipated 50-day construction period of the 2009 Downtown
Sidewalk Project in Dent, Washington. This proposal includes construction observation and
material-testing services related to normal construction activities with an anticipated start date of
August 14, 2009. In anticipation of contract execution by July 30,2009, this contract and the
proposed personnel and testing rates will remain in effect through July 30, 2010.
SCOPE AND SERVICES
The Consultant shall provide On-Call testing and inspection services for the 2009 Downtown
Sidewalk Project in the City of Kent.
This revised proposal is based on new information provided to us by email received on 6/19/2009,
and by way of phone conversations, both from Mr. Peter Tenerelli, Construction Manager,for the
City of Kent. Our proposed scope of services is,therefore, outlined in general terms in the
following sections, based on what we would normally anticipate for a project of this type and
duration.
Observation and'Testing during Placement of Structural fill: HWA will make site visits on an
an on-call basis during placement and compaction of fill materials placed for 19730-64th Avenue W.
grading purposes during the construction of this project. HWA's field personnel suite 200
Lynnwood,WA 98036.5957
Tel: 425.774.0106
Fax: 425.774.2714
www.hwageo.com
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September 18,2009 Revised ,
HWA Proposal No. P6294
will sample fill materials proposed for project use as needed in order to conduct laboratory testing
of moisture-density relationships,which will be used in conjunction with field density testing to
confirm project compaction requirements provided in the specifications.
Observation and Testing during Placement of Concrete: HWA will make site visits on an on-
call basis during concrete placement. IIWA's field personnel will sample the concrete delivered to f
the job site as needed in order to test for compliance standards, such as slump and air entrainment, }
and will cast concrete cylinders for compressive strength testing.
Observation and Testing during Placement of Hot Mix Asphalt (HMA)Pavement: HWA's
Geld personnel will make site visits on an on-call basis during placement and compaction of Ilot
Mix Asphalt(HMA) during any paving work. HWA's field personnel will sample the asphalt
concrete from the plant, or as directed by the client,and conduct field compaction testing to
confirm that compaction is meeting the required specifications. j
Laboratory Testing. Laboratory testing will include moisture-density(Modified or Standard l
Proctor) tests for field compaction quality assurance testing, and grain size distribution analyses,for
each sample of fill material utilized to confirm material suitability, as appropriate. Sand Equivalent
tests can also be performed for granular materials compliance. Laboratory testing will be
performed on HMA samples to verify that the mix gradation and asphalt contents are in accordance
with the project requirements. Concrete cylinders will be tested in accordance with the ,
specifications to determine strength compliance. Fees for laboratory testing will be charged per the
attached HWA Standard Schedule of Fees and Charges for 2009.
Report Preparation and Submittal. During their presence on site,HWA's on-site representatives
will provide verbal notification of test results to all parties in need of the information so as to not
impede construction progress, followed by preparation of daily field reports after each site visit.
Our Project Manager will review the daily field reports, which will then be copied and distributed,
in a timely fashion, as directed by the City's representative. Upon completion of the project, a
summary report of the observation and testing services performed during construction will be
prepared and submitted. The summary report will include all results of field density testing,
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laboratory testing, and our observations during construction with commentary on over-all I
compliance with project requirements.
Project Management and Consultation. Project management and consultation will be provided j
by the HWA project manager in relation to the tasks outlined above. We typically allow for 1 hour
of project manager time for each 10 hours of onsite project inspection for this project, including
final report preparation.
Our scope of services does not include evaluation of the potential presence and/or concentrations of
any hazardous materials that may be present on site. In addition,HWA will not direct the
contractor's work, or provide assessments related to the safety of the contractor's operations.
Maintaining safe working conditions on site is the responsibility of the contractor.
2009 Downtown Sidewalk Project 2 HWA G>;OScisNcss INC.
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September 18, 2009 Revised
HWA Proposal No. P6294
Project-Specific Full-time Construction Inspection and Testing. Should the need arise; HWA
has inspection staff that are willing and available to receive City training to the level of experience
and expertise required to provide inspection services as the City's representative or agent.
FLEE ESTIMATE
Based on our current understanding of the City's requirements for on-call testing and inspection
services, and our estimated level of effort for the project, our fees on a time and material basis are
anticipated not to exceed$38,1.49.00 (see attached cost estimate Exhibit A-2). Labor charges for
our field personnel are based on HWA's current overhead rate of 165.17% and a profit of 24.6%,
! both applied to Direct Salary Costs (DSC), as submitted recently as Exhibit E-2 to the Cit y of
Kent. HWA charges$25.00 per day for Nuclear Gauge rental and 55 cents per mile (current IRS
rate)for travel on government agency work. However, in an effort to reduce travel costs to the
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City,we propose to charge only one-way for time and mileage from our shop, during the duration
of this work.
During the terns of this contract, (July 30, 2009,through July 30,2010)the hourly fee and
laboratory rates, as shown on"EXHIBIT A-2"Project Cost Estimate and"EXHIBIT B"2009
Standard Schedule of Fees and Charges, shall remain in effect.
We appreciate the opportunity to be part of your team to provide construction observation and
testing services during construction of various projects throughout the City of Kent. Please feel
free to call if you have any questions or need additional information.
Sincerely,
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HWA OwSCIENCI;s INC.
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Ton artin
Group Manager, Construction and Inspection Services
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Erik O. Andersen,P.E.
Senior Geotechnical EngineerNice President
TMM: LAB: tmm
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2009 Downtown Sidewalk Project 3 HWA GEQSciFNCCS INC.
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Project Cost Estimate HWA Ref.- P6294
Special Inspection and Quality Assurance Testing Date: 21-Apr-09
City of Kent,2009 Downtown Sidewalk Project Revised: 18-Sep-09
Kenf,Washin ton ��TT Pre ared By: TMM g�yJ PROPOSED WORK SCOPE:
L Inspection and testing for road improvement(native soils,CSBC,CSTC,Gravel Borrow,Pipe Zone Bedding,Special Base Course).
2. Underground utilities.
3. Inspection and testing of Concrete(Sidewalks,driveways and new street lights/Luminaire bases).
4.Testing of concrete will include slump,air and compressive strength(assume four test cylinders per set).
5, inspection and testing of HMA placement and compaction.
6. Testing of HMA will include sampling and laboratory testing for Theoretical Rice Density,Bitumen Content by Extraction with Gradation,and field density testing
during placement.
7. Construction inspections and observation provided as requested by the City of Kent.
S.Minimum of$3 trips to site assumed.
9.Written field reports will be prepared for all inspections.
II WA REQUIREMENTS:
We require copies of approved plans and specifications.
NOT INCLUDED IN IIWA WORK SCOPE
Assessment of safety or environmental issues.
ESTIMATED IIWA LABOR:
PERSONNEL CATEGORY&DIRECT SALARY COSTS
WORK TASK Principal Mat'Is Engr. Proj.Mgr. Inspector Admin. TOTAL TOTAL
DESCRIPTION $75.48 $45.43 $36.06 $25.72 $26.43 ROURS AMOUNT
Field Inspection and Testing,including:
construction material sampling 20 20 S514
compaction inspection for utility trenches,subgrade,CSBC and CSTC. 2 90 1 92 $2,406
Concrete Testing for sidewalk driveways and Luminaire bases. 60 60 $]543
Construction Inspections as requested b the City of(Cent. 200 200 $5,144
Asphalt Inspection and Testing,Includingt
-Monitoring and testing during placement 2 12 14 $400
Project Management,Review,Reporting 2 38 2 42 $1,562 1
TOTAL DIRECT SALARY COST-.1 2 4 38 382 2 428 $11,569
LABORATORY TESTING ESTIMATE:
Est.Project Min. 1 Test Est,No, Unit Test Total
TEST Quantity Units Per Tests Cost Cost
CSBC and CSTC gradation,SE,and fracture face as re 'd 2 $195 $390
Gravel Borrow gradation and SE as req'd 1 $155 $155
Pipe Zone Bedding,Special Base Course gradation,Fine and Course Aggregate
for gradation as re'd 2 $85 $176
Proctor tests on native soil materials to be com acted as re'd t $215 1 $215
Proctor tests on all import materials to be compacted as re'd 3 $180 S540
Concrete compressive slrenptlr test as re'd 30 $25 $750
HMA oven correction factor as req'd 1 $90 S90
11MA Cold feed-plant gradation as req'd 1 $85 $85
HMA testing for Rice,Extraction and Grading as req'd 2 $220 $440
TOTAL LABORATORY TESTING: S2,835
ESTIMATED DIRECT EXPENSES: Notes:
Mileage Qo IRS Rate/mi. $1,166 Assurne 53 trips to site at 80 miles round trip/charge one way only.
Nuclear Gauge Rental Q$25/day $625 Asswne nuclear gauge rental for 25 days.
TOTAL DIRECT EXPENSES: $1,791
ESTIMATED PROJECT TOTALS AND SUMMARY:
Total Labor Cost(DSC) S 11,569
Overhead r@ 165.17% $19,108
Profit @ 24.69/DSC $2,846
Laboratory Testing $2,835
Direct Expenses $1,791 1
ESTIMATED TOTAL: S38,14
ROUNDED ESTIMATE: $38,00
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Revised Copy of Revised Copy of Cost estimate for the City of Kent Downtown Sidewalk Project(2) HWA GeoSciences Inc.
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Exhibit C
Electronic Exchange of Engineering and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the
consultant is to use in preparing electronic files for transmission to the agency.The format and standards to
be provided may include,but are not limited to,the following:
I. Surveying,Roadway Design&Plans Preparation Section IV114
A. Survey Data 1//a
B. Roadway Design Files All
C. Computer Aided Drafting Files N119
D. Specify the Agency's Right to Review Product with the Consultant /"//I
' E. Specify the Electronic Deliverables to Be Provided-to the Agency
F. Specify What Agency Furnished Services and Information Is to Be Provided A)//)
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11. Any Other Electronic Files to Be Provided -Ae6iwiO) 171,4?Z V, 1�,G S. ` �."J'-,.
111, Methods to Electronically Exchange Data A2T�
A. Agency Software Suite A6120 SOS'% C FFr C C S"//2�—
B.Electronic Messaging System e—iv1 a i�� flgx
C.File Transfers Fonnat �- i�/•9/�� T,I.X j /�� �1•5 P4)F
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DOT Form 140-089 EF Exhibit C �
ReVised6/05
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Exhibit D-3
Payment (Negotiated Hourly Rate)
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or
services rendered and for all labor,materials,supplies,equipment,and incidentals necessary to complete the
work.The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31.
1. Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done,based upon the
negotiated hourly rates shown in Exhibit"E"and"F"attached hereto and by this reference made i
part of this AGREEMENT.The rates listed shall be applicable for the first twelve(12)month
period and shall be subject to negotiation for the following twelve(12)month period upon request
of the CONSULTANT or the AGENCY.If negotiations are not conducted for the second or j
subsequent twelve(12)month periods within ninety(90)days after completion of the previous
period,the rates listed in this AGREEMENT,or subsequent written authorization(s)from the
AGENCY shall be utilized.The rates are inclusive of direct salaries,payroll additives,overhead,
and fee.The CONSULTANT shall maintain support data to verify the hours billed on the
AGREEMENT.
2. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the
CONSULTANT.These,charges may include, but are not limited to,the following items: travel,
printing,long distance telephone,supplies,computer charges and sub-consultant costs.
a. Air or train travel will be reimbursed only to economy class levels unless
otherwise approved by the AGENCY.The CONSULTANT shall comply with
the rules and regulations regarding travel costs(excluding air,train,and rental
car costs)in accordance with the AGENCY'S Travel Rules and Procedures.
However, air,train, and rental car costs shall be reimbursed in accordance with
48 CFR Part 31.205-46"Travel Costs."
b. The billing for Direct Non-Salary Costs shall include an itemized listing of
the charges directly identifiable with the PROJECT.
c. The CONSULTANT shall maintain the original supporting documents in their
office. Copies of the original supporting documents shall be supplied to the
AGENCY upon request. {
d. All above charges must be necessary for the services provided under this
AGREEMENT. I
3. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to
provide the Agreement Administrator with the flexibility to authorize additional funds to the
AGREEMENT for allowable unforeseen costs,or reimbursing the CONSULTANT for additional
work beyond that already defined in this AGREEMENT. Such authorization(s)shall be in writing
and shall not exceed the lesser of$100,000 or 10%of the Total Amount Authorized as shown in the
heading of this AGREEMENT.The amount included for the Management Reserve Fund is shown 1
in the heading of this AGREEMENT.This fund may not be replenished.Any changes requiring
additional costs in excess of the Management Reserve Fund shall be made in accordance with
Section XfV,"Extra Work."
DOT Form 140-089 EF Exhibit D-3
Revised 6/08 j
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4. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of
i this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount
Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not
include payment for Extra Work as stipulated in Section XIV,"Extra Work."No minimum
amount payable is guaranteed under this AGREEMENT.5.Monthly Progress Payments:Progress
payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above.The
monthly billing shall be supported by detailed statements for hours expended at the rates
established in Exhibit"E", including names and classifications of all employees, and billings for
! all direct non-salary expenses.To provide a means of verifying the billed salary costs for the
CONSULTANT'S employees,the AGENCY may conduct employee interviews. These interviews
may consist of recording the names,titles,salary rates,and present duties of those employees
performing work on the PROJECT at the time of the interview.
6. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned
will be made promptly upon its verification by the AGENCY after the completion.of the work
under this AGREEMENT,contingent upon receipt of all PS&E,plans,maps,notes, reports,
electronic data and other related documents which are required to be furnished under this
AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a
release of all claims for payment,which the CONSULTANT may have against the AGENCY
unless such claims are specifically reset ed in writing and transmitted to the AGENCY by the
CONSULTANT prior to its acceptance. Said Final Payment shall not,however, be a bar to any
claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY
may pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and
at the time of final audit,all required adjustments will be made and reflected in a final payment.In
the event that such final audit reveals an overpayment to the CONSULTANT,the
CONSULTANT will refund such overpayment to the AGENCY within thirty(30)days of notice
of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any
claims relating to the validity of a finding by the AGENCY of overpayment.The CONSULTANT
has twenty(20)days after receipt of the final POST AUDIT to begin the appeal process to the
AGENCY for audit findings.
7. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for
inspection by representatives of the AGENCY,STATE and the United States,for a period of three
(3)years after receipt of final payment,the cost records and accounts pertaining to this
AGREEMENT and all items related to or bearing upon these records with the following
exception: if any litigation,claim or audit arising out of, in connection with,or related to this
contract is initiated before the expiration of the three(3)year period,the cost records and accounts
shall be retained until such litigation,claim,or audit involving the records is completed.
2s f
Exhibit E-2 I
Consultant Fee Determination - Summary Sheet
(Specific Rates of Pay)
Fee Schedule
Hourly Overhead Profit Rate
Discipline or Job Title Rate @ % @ % Per Hour
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See attached.
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DOT Form 140-069 EF Exhibit E-2
Revised 6/05
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Chapter 31 Using Consultants
Appendix31.99 Local Agency Standard Consultant Agreement
Consultant Fee determination
Exhibit E 2 Summary Sheet (Specific Rates of Pay)
Exhibit E-2
Consultant Fee Determination-Summary Sheet '
(Specific Rates of Pay)
Pee Schedule
Discipline or Job Title Hourly Overhead Profit Rate
Rate @165.17% @ 24.. �o Per Hour
Tony Martin/lnsp,..,..I1snager .36.06 59.56 8.87 104.49 ,
Jack Carlock/Field_Tech IV 26.92 44.46 6.62 �78.00 a'
Pete Pearson/Field Tech IV 25.72 42.48 6.33 -14.5� l
Eric Worth/Field Tech III 21.97 36.29 45 0 6.-W
Alix Rackletf:/Field Tech II 20.43 33.74 5.03 --5T.-2u
Jessica Herrera/Field Tech I 16.59 27.40 4.08
George Minassian/GeoTech Eng V 45.43 75. 44 11.18 131.65-
1 Steve Greene/Geologist VII 55.53 91.72 13.66 160.91
Lorne Balanko/Principal.IX 75.48 124.67 18.57 218.72
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DOT Fan 140.09 EF Mimi E2
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`0V'afil s V,8�[.'.�'.1,c-0,1rM,rx,..,%V,P,R R. nvlof fl�+�l�wV{1.41PP:gr`.c��l r. i fr10i. . bvV._.i'•'7 t9f?; ;5�.'Pi• `S�i�'1��'?7ts�ih�;^'.. .. 7 �
WSDOT Local Agency Guldellnes M 36.63,04 � Page 31-73
October 2008
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9 04.1
MAGEOSCIENCES INC.
SCHEDULE OF FEES AND CHARGES
HWA GEOSCIENCES INC. I
2009 HOURLY AND BILLING RATES
(Effective 01/01/2009)
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EMPLOYEE TITLE HOURLY BILLING
RATE RATE
Sa Hong Principal IX $97.26 $235.00 *
Ralph Boirum Principal IX $82.93 $235.00 *
Lorne Balanko Principal IX $75.48 $235.00 * i
Arnie Sugar Principal VIII $64.90 $220.00
Gary Harshman Senior Environmental Planner VI $55.00 $190.00
Jeff Speck Environmental Geologist III $27.64 $95.00
Cliff Baines Hydrogeologist V $42.31 $143.00
Vance Atkins Hydrogeologist IV $33.89 $116.00
Steve Greene Geologist VII $55.53 $190.00
Teddy Taddese Geologist IV $92.45 $108.00 l
Brad Thurber Geologist IV $30.77 $108.00
Peter Pearson Geologist III $25.72 $88.00
Daniel Coltrane Geologist 1 $22.84 $78.00
Tom Kinney Geotechnical Engineer VI 1) $67.31 $225.00
Erik Andersen Geotechnical Engineer VI $48.08 $163.00 l
George Minassian Geotechnical Engineer V $45.43 $160.00
Bryan Hawkins Geotechnical Engineer V $43.27 $150.00
JoLyn Gillie Geotechnical Engineer 111 $33.53 $114.00 4
David Maloney Geotechnical Engineer III $32.69 $114.00
Donald Huling Geotechnical Engineer 111 $32.69 $114.00
Ben Blanchette Geotechnical Engineer 1 $25.83 $89.0'0 j
Terry Horton Administrative Support $24.52 $83.00
Christiana Fisk Administrative Support $20.43 $69.00
Tink Kinney CAD $21.63 $74.00 1j1
Tony Martin Field Techniciari Manager $36.06 $122.00 I
Harold Benny Lab Technician Manager $31.25 $107.00
John Carlock Lab/Field Technician IV $26.92 $92.00
Emily Boirum Supervising Lab Technician $25.24 $86.00
Eric Worth Lab/Field Technician III $21.97 $77.00
AIN Rackleff Lab/Field Technician 11 $20.43 $70.00
Ashley Crane Lab/Field Technician 1 $16.83 $58.00
Jessica Herrera Lab/Field Technician I $16.59 $58.00
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Notes: Represents Capped Billing Rate
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WA GEOSCIENCES INC. ` , ',
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8'ITAIN110MA IRLD S(IUI-41MOUL E OF FEES MAID CHARGES
All prices are effective May 1, 2009, and are subject to change without notice.
i HWA GeoScienceInc.holds ecreditations from both the American Association f State i s),t o s a �o <t Highway and
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Transportation Officials(AASHTO R-18)and American Association for Laboratory Accreditation(A2LA).We
I participate in the sample proficiency program from AMRL for soil classification,coarse and fine aggregates,Hot
Mix Asphalt,California Bearing Ratio,and compaction;and CCRL for concrete,
1 tit ,I. f,111�a�.ii i..:11301-.A10,1( 'li:::�l•r (taiii•.i!{Ilii) 1
Tests(conE)
iJ llequ sl a schedule for labor ratty. PermEsiniateofEffectivePorosity......................................$545,00
:XI'(:Pq R;r. Field Capacity(sand) .................................................$195.00 i
Sand Drainage Characteristic Curve....,, $375.00
I All Outside Expenses(ie,;tit•fare,subsistence,equipment rental, Relative Density(ASTM D 4253/D 4254) •........•.•....•...•.$350.00 i
materials,reproduction,ere.) ..............................Cost plus 10"/o Shclby-rube Extrusion and Sample Description ....................$35.00
Drillingand Chemical)ibonrtorySubconti,tetors.......Cost plus 15% Soil Resistivity and pH(WSDOT417) $90.00 i
Mileage(per mile) ..................................................Current IRS Rate PH Only $35.00
Project Sample Storage Beyond 30 Days from Final Report Resistivity Only $ 5,
00
Per month..................................................................$100.00 Specific GravityTest(ASTM D 854) $
80.00
Strength'resting
I-r51:,OPKITWZY 11{:;1:' Direct Shear Strength(per•poinr)(ASTM D3080) .....$170.00
i Soil Laboratory' 1i'sts Direct Shear Strength-12"box(per point) .................$150.00
Tests lorconlaminaledsoilstvilibequoledperindividualrequest Inaddition,all Residual Shear(per point)...........................................$130.00
conteminatedsoilswlgberelurnedto client fordisposal. Triaxial(c-u)(ASTM D 4767)....................................$500.00
1 AttcrbergLimits With 1�,Consolidation..........................................$750.00 I
(+ Liquid Unlit and Plastic limit(ASTM D 4318) Stress Path Tests............. $650.00
OnePoint..............................................................$95.00 ...................................
........•............................... Triaxial(u-u)(ASTM D 2850) $200,00 I
Three Point.........................................................$135.00 Multi-StageTriaxial(c-uorc-d) $1, 00,00
rnia
atio
TIVI
1883)
Calif(Req riBearing
iesMoistr rc/Deus yReGDrtionship We t) Ml dulusted an Dntlit eni�aS length(AST\4 D 216G)...$100.00
o d a;p r,o Soils under t
One Point ..................................................................$200.00 Cyclic Loading(ASTM D 3999)
Three Point................................................................$525.00 Resilient Modulus of Base/Subgrade(AASHTOT'296)$600.00
Consolidation lest Incremental loading(ASTM D 2435) Unit\Height y ' g( ) $II0.00
9 Loads,0.125 TSF to 32TSF,4 Unloads.............. $525.00
l . Colicsive Soil b ��'/axin USCOh ,.•..............
Each Additional Load...................................................$45.00 Percent of Solids Calculation ......$16.00
...................................
1 Consolidation`l'esr,Controlled Strain(ASTM D 4186).......$650.00 Porosity(incl,specificgraviry/unit weight)...................$100.00
Ring GrainsizeAnalysis Soil in (AST i&I D 2937) .......................................$38.00
Combined Analysis(ASTM D 422)............................$200.00 Bulk Density ofSolid Wiste(ASTM E 1109)................$40.00
HydrometerAnalysis(ASTM D 422)..........................$170.00 Soil in ShelbyTttbe(ASTM D 2937).................... $42.00
Passing#200Sievc ASTM D 1140 $55.00 ........
( g ( ) ^•••••••••••••••••••••••••• Visual SoilClassi6cation ....$16.04
...................................................
PSEP Particle Size.......................•..................•............$250.00
i Sieve Analysis-Wer(ASTN4D422)...............................$85.00 ;1tt�re�atc (Zuality leas
Moisture/Densi Relationshi
n' P Clay Lumps and Friable Particles(ASTM C 142)..................$90.00
Proctor-Cohesive(ASTM D 698,D 1557) ...............$215.00
Degradation Test(WSDO"I'113) .......................................$200.00
l Proctor-Granular(ASTM D 698,D 1557) ...............$180.00
Fracture race Pvl
One-Dimensional Swell(ASTM D 4546)...........................$625.00 Loss AngelesAbrasion(ASTM1C7131unt(withour sieve)(C 35) . 103)..•........$180.00
Moisture Conte.ntw/Desert non $16.00 Grain Size
Organic Content rest(ASTM D 2974).......................... $65.00
""" Organic Impurities(ASTM C40) $45.00
Pernieability`rests Percentage of Material Passing#200 Sieve(ASTtb1 C 117) $55.00
Permeability of Grail ularSoils(ASTM D 2434)...........$275.00 Sand Equivalent(ASTM C 2419)..................... $70.00
Falling Headrest(WSDO`f 605)••••••••••••................... Specific
b200.00
SoundnessUsingIvIgSO,(ASTM C 88) .............................$375.00
I Triaxialwith BackPressurc
Gravitre
2 days(ASTM D 5084).......................................$475.00 Coarse Aggregate(ASTtvi C 127)..................................$70.00 g
Each additional day.............................................$150.00 Fine Aggregate(minus#4 mesh)(ASTM.C 128) $80.00
Triaxial with Back Pressure c Unit Weight by Dry Rodding(ASTM C 29)................. $60.00
6-inch diameter ASTM D 5084 $525.00
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u l 1 1MIRfD SCfIHl��lDH,C1LE OF FEES lRIND CHARGES
All prices are effective May 9, 2009, and are subject to change without notice.
Conc,rcre and Masunny -tests CoatingThicknessGauges(perday).....................................$25.00
Compression Tesring of Concrete Cotes Combustible Gas Tech ech Meter(GT 302/3220)
(includes trimming)(ASTM C 42,C 513)....................$60.00 Per day.......................................................................$95.00
Compression Testing ofConciere Cylinders(ASTM C39)....$25.00 Perweek.....................................................................$300,00
Compression Testing of Grourtnd Mortar Specimens Concrete Ai Meter(per day)...........•...................................$25.00
(per specimen)(UBC21-18,21-16).............................$18.00 Coting Equipment Charge............................. tequestaschedule
Concrete Beam Flextital Strength"fest(ASTM C 78) ............$80.00 Data Logger andTransducets
Concrete Cylinder Molds..................•...................................$2.50 Per day.......................................................................$150.00
Concrete Cylindets Sampled and Cured(not tested) .............$12.00 Perweek.................,...................................................$500.00
Concrete Mix Design(fixed gradation)...........................$2,000.00 Dissolved Oxygen Meter
DensiryTest Per day.......•................................................. ...............$95.00
ConcteteCylinders..........................................................$35.00 Per-,veck.....................................................................$300.00
Light Weight Concrete Cylinders........................................$80A0 FloxvMoniroring$et
End Ttimmingo(Samples if needed .................. $20.00 Per day
Splrttirig"!ensile Sttength lest(ASTM C 496) ..........I...I.......$80.00 Per week.....................................................................$400,00
Shorerere Panel(cut three cotes andcoinptessioit test) ..........$300.00 GeomembruteTensionieten(perday)....................................$60.00
Grundfos Redi Flow 11 Pump and Generator
Geosvoihetirs "Icsts Pei clay-....- ...$100.00
Gcomembianeto Soil Shear(lmrpoint)(ASTMD5321)...........$200.00 Per week....................................................... ..........-$300.00
Shear/Peel SnengthTesr(ASTM D 4437) ......$125.00 I.,tndfill Gas Monitoring Equipment(GEM 500)
Pei day ..$95.00
rlslah.tlnc oncrete(:uncnrte tests Met Per week.....................................................................$300.00
h As altic C Mix Design(Marshall hod) $2,000.00 Level and Stadia Set .......................................•....................$25.00
P """""' Mag Particle(per da
Binu men ConrcntbyExuaction P Y) .....................•.................................., y,25.00
Nuclear Density Gauge(per day)..........................................$25,00
Extraction only(ASTM D G307)..................... ............$90.00 Perrnontlt..........,......................................................$300.00
wirh Gmclation(ASTM D 5444 D 6307)...• ..........$145.00
Bulls Specific Gravity and Density-SSD Merhod Peristaltic Sampling Pump
(Per specimen)(ASTIvI D 2726) ..$45.00 Per day......................................................................$50.00
Per week
BulkSpecificGravityaridDensity-Wax Method ••••.......••...•.............• ••$90.00
(pet specimen)(ASTM D 1 188) .$70.00 pH.ConductivicyTetnperuure Meter
............................... Per day ... .. $40.00
y............................................................ ...... .
HMA Mix Correction Factor(AS-TM D 6307)...................$180.00 Per week...........,........ ....$]00.00
.............................................
Marshall Stability and Flow Determination(3 specimens)(ASTM D 6927) .................................$425.00 Photoionization Detector(Mini Rae /HNU!ivticrotip)
PeicentAir Voids in Compacred or Open Bituminous Mixtures Per day.........................................................................$95,00
Perweek.....................................................................$300.00
(ASTM D 3203).. ....................................................$150.00 Rice Density(WSDO'1'705)................................................$90.00 Pneumatic Presstrie Indicator................................................$95.00
TSR.................................................................................$600.00 QED Bladder Pump Controller
Per day $50.00
Perweek............................................. ................. ..$90.00
Rocl< Tests Safety Equipment
Abrasion Resistance(ASTM C 535) ..................................$200.00 Level D(solvex gloves,disposable suit) ..........................$25.00
Ethylene Glycol Accelerated.Expansion.............................$200.00 Level C2(above plus ies irator
Riptap Soundness(ASTM D 5240)................................$300.00 Level CI(above plus chemical suit)..................I..........$95.00
Specific Gravity and Absoiption(ASTM C 127) .................$70.00 Level 13 above plusSCBA .....$300.00
SPlitting7cnsileSuenath of Rock Sensidyne Monitoring Equipment(does not include tubes)...$15.00
(10 Discs)(ASTM D 3967)............................... .....$210.00 Sediment Coring or Soil Sampling Kit
Unconfined Compressive Sttength (does not include shelby rubes)(per day).................... ..$50.00
of Rock Cotes(ASTM D 2938) ................................$I 00.00 Torque Wrench(per day)......................................................$25.00
U'TThicknessGatige(pet day).............................................$50.00
Well Pi obe(per day) ............................................................$15.00
Labor will be charged in additroo(o equipment charges
Air Filters for Development(per day)....................................$50,00 ;" 1, i `} sC c,. � •�arY? (sy%
BK Development Pump/Surge Block(per day) .....................$20.00
Bolt Tension C:alibratol(per day) ........................................$50.00 3s`u°" '�, • ? (
Carbon Filtet( erdt )........................................................$50.00 £,rl�u�:
P ' x Y
33
Exhibit F
Breakdown of Overhead Cost
Account Title $ Beginning Total % of Direct Labor
Direct Labor
Overhead Expenses:
FICA
Unemployment
Health/Accident Insurance
Medical Aid & Industrial Insurance
HolidayNacation/Sick Leave
Commission/Bonus/Pension
Total Fringe Benefits
General Overhead:
State B&O Taxes
Insurance
Administration &Time Not Assignable
Printing, Stationery&Supplies
Professional Services
Travel Not Assignable
Telephone&Telegraph Not Assignable
Fees, Dues& Professional Meetings
Utilities& Maintenance
Professional Development
Rent
Equipment Support
Office, Miscellaneous& Postage
Total General Overhead
Total Overhead (General+ Fringe)
Overhead Rate (Total Overhead/Direct Labor)
DOT Form 140-089 EF Exhibit F
Revised 6/05
34
Exhibit H
Title VI Assurances
During the performance of this AGREEMENT,the CONSULTANT,for itself, its assignees,and successors in
interest agrees as follows:
l. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY,Title 49,Code of Federal Regulations,Part
21,as they may be amended from time to time(hereinafter referred to as the"REGULATIONS"),which
are herein incorporated by reference and made a part of this AGREEMENT.
2. Non-discrimination: The CONSULTANT,with regard to the work performed during the
AGREEMENT,shall not discriminate on the grounds of race,color,sex,or national origin in the selection
and retention of sub-consultants,including procurement of materials and leases of equipment.The
CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the REGULATIONS,including employment practices when the AGREEMENT covers a
program set forth in Appendix B of the REGULATIONS.
3. Solicitations for Sub-consultants,Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub-contract, including procurement of materials or leases of equipment,each potential sub-
consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under
this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color,
sex,or national origin.
4. Information and Reports: The CONSULTANT shall provide all information and reports required by the
REGULATIONS or directives issued pursuant thereto,and shall permit access to its books,records,
accounts,other sources of information,and its facilities as may be determined by AGENCY,STATE or
the Federal Highway Administration(FHWA)to be pertinent to ascertain compliance with such
REGULATIONS,orders and instructions.Where any information required of a CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this information,the CONSULTANT shall
so certify to the AGENCY, STATE or the FHWA as appropriate,and shall set forth what efforts it has
made to obtain the information.
5. Sanctions for Non-compliance: In the event of the CONSULTANT'S non-compliance with the non-
discrimination provisions of this AGREEMENT,the AGENCY shall impose such AGREEMENT
sanctions as it,the STATE or the FHWA may determine to be appropriate, including,but not limited to:
• Withholding of payments to the CONSULTANT under the AGREEMENT until the
CONSULTANT complies,and/or;
• Cancellation,termination,or suspension of the AGREEMENT, in whole or in part
DOT Form 140-089 EF Exhibit H
Revised 6/06
35
6. Incorporation of Provisions:The CONSULTANT shall include the provisions of paragraphs(1)through
(5)in every sub-contract,including procurement of materials and leases of equipment,unless exempt by
the REGULATIONS,or directives issued pursuant thereto.The CONSULTANT shall take such action
with respect to any sub-consultant or procurement as the AGENCY, STATE or FHWA may direct as a
means of enforcing such provisions including sanctions for non-compliance.
Provided,however,that in the event a CONSULTANT becomes involved in,or is threatened with,
litigation with a sub-consultant or supplier as a result of such direction,the CONSULTANT may request
the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the
STATE and, in addition,the CONSULTANT may request the United States enter into such litigation to
protect the interests of the United States.
36
Exhibit I
Payment Upon Termination of Agreement
By the Agency Other Than for
Fault of the Consultant
(Refer to Agreement, Section IX)
Lump Sum Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made shall
total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the
total work required for the PROJECT. In addition,the CONSULTANT shall be paid for any authorized extra
work completed.
Cost Plus Fixed Fee Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made,shall
total the actual costs plus the same percentage of the faxed fee as the work completed at the time of termination is
to the total work required for the Project. In addition,the CONSULTANT shall be paid for any authorized extra
work completed.
Specific Rates of Pay Contracts
A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this
AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT.
Cost Per Unit of Work Contracts
A final payment shall be made to the CONSULTANT for actual units of work completed at the time of
termination of this AGREEMENT.
DOT Form 140-089 EF Exhibit I
Revised 6106
37
Exhibit J
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care.In addition,it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step I —Potential Consultant Design Error(s)is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s),the first step in the process is for the
Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the
i Potential design error(s).For federally funded projects,the Region Highways and Local Programs
Engineer should be informed and involved in these procedures. (Note:The Director of Public Works or
+ Agency Engineer may appoint.an agency staff person other than the project manager,who has not been
as directly involved in the project,to be responsible for the remaining steps in these procedures.)
Step 2-Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s)and the magnitude of the alleged error(s),and with the
Director of Public Works or Agency Engineer's concurrence,the project manager obtains more detailed
documentation than is normally required on the project.Examples include: all decisions and
descriptions of work;photographs,records of labor,materials and equipment.
i
Step 3—Contact the Consultant Regarding the Alleged Design Error(s)
I If it is determined that there is a need to proceed further,the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s)and the magnitude of the alleged
error(s).The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manger and any personnel(including sub-consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4—Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s)with the consultant have been completed regarding the consultant's alleged design
error(s),there are three possible scenarios:
• It is determined via mutual agreement that there is not a consultant design error(s). If
i g (s)
this is the case,then the process will not proceed beyond this point.
It is determined via mutual agreement that a consultant design error(s)occurred.If this
is the case,then the Director of Public Works or Agency Engineer,or their
representatives, negotiate a settlement with the consultant.The settlement would be
paid to the agency or the amount would be reduced from the consultant's agreement
with the agency for the services on the project in which
the design error took place.The agency is to provide H&LP,through the Region
DOT Form 140.089 EF Exhibit J
Revised 6105
38
Local Programs Engineer, a summary of the settlement for review and to make
adjustments,if any,as to how the settlement affects federal reimbursements.No
further action is required.
• There is not a mutual agreement regarding the alleged consultant design error(s).The
consultant may request that the alleged design error(s)issue be forwarded to
the Director of Public Works or Agency Engineer for review.If the Director of
Public Works or Agency Engineer, after review with their legal counsel, is not able
to reach mutual agreement with the consultant,proceed to Step 5.
Step 5—Forward Documents to Highways and Local Programs
For federally funded projects all available information,including costs,should be forwarded
through the Region Highways and Local Programs Engineer to H&LP for their review and
consultation with the FHWA.H&LP will meet with representatives of the agency and the
consultant to review the alleged design error(s), and attempt to find a resolution to the issue.If
necessary,H&LP will request assistance from the Attorney General's Office for legal
interpretation.H&LP will also identify how the alleged error(s)affects eligibility of project costs
for federal reimbursement.
• If mutual agreement is reached,the agency and consultant adjust the scope of work
and costs to reflect the agreed upon resolution.H&LP, in consultation with FHWA,
will identify the amount of federal participation in the agreed upon
resolution of the issue.
• If mutual agreement is not reached, the agency and consultant may seek settlement
by arbitration or by litigation.
1
1
I
l
1
39
Exhibit K
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s)on a consultant agreement.The following
procedures should only be utilized on consultant claims greater than$1,000. If the consultant's claim(s)are a total
of$1,000 or less, it would not be cost effective to proceed through the outlined steps.It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)
that total$1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
1 Step 1 —Consultant Files a Claim with the Agency Project Manager
i
If the consultant determines that they were requested to perform additional services that were outside of
the agreement's scope of work,they may be entitled to a claim.The first step that must be completed is
the request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim;
Any correspondence that directed the consultant to perform the additional work;
• Timeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars, overhead costs,profit and reimbursable costs associated with
the additional work;and
Explanation as to why the consultant believes the additional work was outside of the
agreement scope of work.
Step 2—Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1,the next step in the process is to forward the request to the
I Agency's project manager.The project manager will review the consultant's claim and will met with
the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If
the FHWA is participating in the project's funding,forward a copy of the consultant's claim and the
Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local
Programs through the Region Local Programs Engineer.If the claim is not eligible for federal
participation,payment will need to be from agency funds.
If the Agency project manager,Director of Public Works or Agency Engineer, WSDOT Highways and
Local Programs(if applicable),and FHWA(if applicable)agree with the consultant's claim,send a
request memo, including backup documentation to the consultant to either supplement the agreement,
or create a new agreement for the claim.After the request has been approved,the Agency shall write
the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the
consultant that the final payment for the agreement is subject to audit.No further action in needed
regarding the claim procedures.
DOT Form 140-089 EF Exhibit K
Revised 6106
40
If the Agency does not agree with the consultant's claim,proceed to step 3 of the procedures.
Step 3—Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim,the project manager shall prepare a
summary for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim; j
• Agency's summation of hours by classification for each firm that"should be included in the
claim; i
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs,profit and reimbursable costs
associated with the additional work;
• Explanation regarding those areas in which the Agency does/does not agree with the
consultant's claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s);and
• Recommendations to resolve the claim. ,
Step 4—Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency
Documentation
The Director of Pubic Works or Agency Engineer shall review and administratively approve or
disapprove the claim,or portions thereof,which may include getting Agency Council or
Commission approval(as appropriate to agency dispute resolution procedures).If the project
involves federal participation, obtain concurrence from WSDOT Highways and Local Programs
and FHWA regarding final settlement of the claim.If the claim is not eligible for federal I
participation,payment will need to be from agency funds.
Step 5—Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify(in writing)the consultant of their
final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted
claim(s)and rationale utilized for the decision.
Step 6—Preparation of Supplement or New Agreement for the Consultant's Claim(s) 1
The agency shall write the supplement and/or new agreement and pay the consultant the amount of
the claim. Inform the consultant that the final payment for the agreement is subject to audit. J
1
41
Exhibit M-I(a)
Certification Of Consultant
Project No. LA-7015
Local Agency City of Kent
I hereby certify that I am and duly authorized
representative of the firm of HWA GeoSciences Inc. whose address is
and that neither I nor the above
firm I here represent has:
(a) Employed or retained for a commission,percentage, brokerage,contingent fee,or other
consideration, any firm or person(other than a bona fide employee working solely for me or the
above CONSULTANT)to solicit or secure the AGREEMENT;
i
(b) Agreed, as an express or implied condition for obtaining this contract,to employ or retain the
services of any firm or person in connection with carrying out this AGREEMENT;or
i (c) Paid,or agreed to pay,to any firm,organization or person(other than a bona Ede employee
working solely for me or the above CONSULTANT)any fee,contribution,donation,or
consideration of any kind for,or in connection with,procuring or carrying out this AGREEMENT;
except as hereby expressly stated(if any);
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration,U.S. Department of Transportation in
i connection with this AGREEMENT involving participation of Federal-aid highway funds,and is
subject to applicable State and Federal laws,both criminal and civil.
Date signature
�I
DOT Form 140.089 EF Exhibit M-1(a)
Revised 6105
42
{
Exhibit M-1(b) f
Certification Of Agency Official
I hereby certify that I am the AGENCY Official of the Local Agency of
Washington,and that the consulting firm or its representative has not been required,directly or indirectly as E.n
express or implied condition in connection with obtaining or carrying out this AGREEMENT to:
(a) Employ or retain,or agree to employ to retain,any firm or person;or
(b) Pay, or agree to pay,to any firm,person,or organization,any fee,contribution,donation,or i
consideration of any kind;except as hereby expressly stated(if any):
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration,U.S.Department of Transportation,in
connection with this AGREEMENT involving participation of Federal-aid highway funds,and is
subject to applicable State and Federal laws,both criminal and civil. 1
Date Signature
Suzette Cooke, Mayor
I
,I
DOT Form 140-089 EF Exhibit M-1(b)
Revised 6105 I
I
I 43
Exhibit M-2
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters-Primary Covered Transactions
i
1. The prospective primary participant certifies to the best of its knowledge and belief,that it and its
principals:
A. Are not presently, debarred,suspended,proposed for debannent,declared ineligible,or
voluntarily excluded from covered transactions by any federal department or agency;
B. Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission or fraud or a criminal offense in connection with
obtaining,attempting to obtain,or performing a public(federal, state,or local)transaction or
contract under a public transaction;violation of federal or state antitrust statues or commission of
embezzlement,theft,forgery, bribery,falsification or destruction of records,making false
statements,or receiving stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity(federal,state,or local)with commission of any of the offenses enumerated in paragraph(1)
(B).of this certification; and
D. Have not within a three(3)year period preceding this application/proposal had one or more
public transactions(federal,state,or local)terminated for cause or default.
11. Where the prospective primary participant is unable to certify to any of the statements in this
certification,such prospective participant shall attach an explanation to this proposal.
i
I
Consultant(Firm): HWA GeoSciences Inc.
(Date) (Signature)President or Authorized Official of Consultant
i
DOT Form 140-089 EF Exhibit M-2
Revised 6/05
r
44 ,
Consultant/Addressrrelephone i
Supplemental Signature HWA GeoSciences Inc. i
Page for 19730 64th Ave. W., suite 200
Standard Consultant Lynnwood, WA 98036-5957
Agreement Contact: Tony Mratin
I
Agreement Number Project Title And Work Description
LA-7015 2nd Ave. Pedestrian Improvements
Federal Aid Number Provide on-call construction observation and
CM-9917 (014) testing services.
Local Agency
City of Kent
THIS AGREEMENT, made and entered into this day of ,
between the Local Agency of City of Kent Washington, hereinafter called the
"AGENCY" , and the above organization hereinafter called the"CONSULTANT',
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first
above written.
CONSULTANT LOCAL AGENCY
,I
By By I
Suzette Cooke, Mayor
Consultant Agency City of Kent I
By By
1
Consultant Agency
By
1
Agency
a
By
r1
Agency 1
DOT Form 140-089 EF Appendix 31.910
Revised 6105
i
` Kent City Council Meeting
Date November 3, 2009
Category Consent Calendar - 6H
1. SUBJECT: 2010 OPERATING BUDGET - SET HEARING DATE
2. SUMMARY STATEMENT: Set November 17, 2009, as the date for the
second public hearing on the 2010 Operating Budget at the regular City Council
meeting. Public input is welcome.
i
.I
i
3. EXHIBITS: None
j .
4. RECOMMENDED BY: Finance Director
(Committee, Staff, Examiner, Commission, etc.)
is
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
i
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
i
DISCUSSION:
ACTION:
I
Kent City Council Meeting
Date November 3, 2009
Category Consent Calendar - 6I
1. SUBJECT: 2010-2015 CAPITAL IMPROVEMENT PLAN - SET HEARING DATE
2. SUMMARY STATEMENT: Set November 171 2009, as the date for the
second public hearing on the 2010-2015 Capital Improvement Plan at the regular
City Council meeting. Public input is welcome.
r
1
� j
f
3. EXHIBITS: None
i 4. RECOMMENDED BY: Finance Director
(Committee, Staff, Examiner, Commission, etc.)
6 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:
4
i
I .
i
Kent City Council Meeting
Date November 3, 2009
Category Consent Calendar - 61
1. SUBJECT: 2009 TAX LEVY FOR 2010. BUDGET - SET HEARING DATE
r
2, SUMMARY STATEMENT: Set November 17, 2009, as the date for the public
hearing on the 2009 Tax Levy for the 2010 budget at the regular City Council
meeting. Public input is welcome.
I ;I,
3. EXHIBITS: None
4. RECOMMENDED BY: Finance Director
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
i Currently in the Budget? Yes No
, J
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
i
DISCUSSION:
ACTION
i
I
I
Kent City Council Meeting
Date November 3, 2009
Category Consent Calendar - 6K
1. SUBJECT: COMPREHENSIVE PLAN AMENDMENT AND UPDATE TO
CHAPTER 12.13 KENT CITY CODE - SET HEARING DATE
2. SUMMARY STATEMENT: Set November 17, 2009, as the date for a public
hearing to consider amendment of the Capital Facilities Element of the Kent
' Comprehensive Plan and amendment of Chapter 12.13 of the Kent City Code to
incorporate the updated Capital Facilities Plans of the Auburn, Kent and Federal
Way School Districts, the City's 2010-2015 Capital Improvement Plan, and
I �
changes to adopted school impact fees.
i
iy
f 3. EXHIBITS: Staff memo dated 10/27/09
4. RECOMMENDED BY: Staff*
(Committee,. Staff, Examiner, Commission, etc.)
i' 5. FISCAL IMPACT
Expenditure? No Revenue? No
Currently in the Budget? Yes No
, I
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
1
DISCUSSION:
ACTION:
l
j
I
COMMUNITY DEVELOPMENT
Fred N. Satterstrom, AICP, Director
• PLANNING SERVICES
KEN T Charlene Anderson, AICP, Manager
WA5 H I NGTON '
i Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
October 27, 2009
To: Mayor Suzette Cooke, Council President Debbie Raplee and City
Council Members
From: Charlene Anderson, AICP, Planning Manager
Subject: Comprehensive Plan/Capital Facilities Element Amendment and Update
to Chapter 12.13 Kent City Code - Set Hearing Date
MOTION: Set November 17, 2009 as the date for a public hearing to consider
amendment of the Capital Facilities Element of the Kent Comprehensive Plan and
amendment of Chapter 12.13 Kent City Code to incorporate updated Capital
Facilities Plans of the Auburn, Kent and Federal Way School Districts, the City's
2010-2015 Capital Improvement Plan, and changes to adopted school impact fees.
SUMMARY: Kent City Code authorizes school impact fees on behalf of any school
district which provides to the City a capital facilities plan; the plan is adopted by
reference as part of the Capital Facilities Element of the Kent Comprehensive Plan.
The school districts are required to submit for annual Council review their updated
capital facilities plans. The City Council holds the public hearing on the school
district plans at the same time as the public hearing for the budget, i.e.,
November 17, 2009. The Auburn, Kent and Federal Way School Districts have
submitted updated Capital Facilities Plans for Council review and consideration. The
City of Kent 6-year Capital Improvement Program being considered on the same
date also will update the Capital Facilities Element of the Comprehensive Plan.
BUDGET IMPACT: None
BACKGROUND: One of the planning goals under the Growth Management Act
(RCW 36.70A.020) is to ensure that those public facilities and services necessary to
support development are adequate and timely to serve the development without
decreasing current service levels below minimum standards. The Act (RCW
36.70A.070) also requires the Capital Facilities Element of the Kent Comprehensive
Plan to inventory existing capital facilities, forecast future needs and provide for
financing of those facilities. RCW 82.02.050 authorizes cities planning under the
Growth Management Act to impose impact fees on development activity as part of
i
the financing for public facilities needed to serve new growth and development. As
a result, KCC 12.13.080 authorizes school impact fees on behalf of any school
district which provides to the City a capital facilities plan; the plan is adopted by
reference as part of the Capital Facilities Element of the Kent Comprehensive Plan.
The school districts are required to submit for annual Council review their updated
capital facility plans (KCC 12.13.060 & 070).
The Auburn, Kent and Federal Way School Districts propose amendment of the Kent
Comprehensive Plan and Kent City Code Chapter 12.13 to reflect changes to impact
fees resulting from new student population generated by new single family and
multifamily residential development. The updated plans include an inventory of
existing facilities, existing facility needs, expected future facility requirements, and
expected funding.
The Kent School District proposes to increase their existing school impact fees for
single family units from $5,304 to $5,394 (an increase of $90 or 1.7%) and for �I
multifamily units from $3,266 to $3,322 (an increase of $56 or 1.7%).
The Federal Way School District proposes to decrease their existing school impact
fees for single family units from $4,017 to $3,832 (a decrease of $185 or 4.6%)
and increase their fees for multifamily units from $1,733 to $2,114 (an increase of I
$381 or 22.0%).
The Auburn School District proposes to increase their existing school impact fees for
single family units from $5,374.64 to $5,432.70 (an increase of $58.06 or 1.1%)
and increase their fees for multifamily units from $877.02 to $1,184.71 (an
increase of $307.69 or 35.1%). The only area in Kent where Auburn School
District's impact fees are applied is the Verdana or Bridges PUD on the former f
impoundment reservoir site.
CA�pm S:\Permit\Plan\COMP_PLAN_AMENDMENTS\2009\CPA-2009-2_SchlDistrictsCapFacPlansUpdates\CPA-2009-2_capfacilities_set_Hrgll-17-09.doc I
cc: Ben Wolters, Economic&Community Development Director
Fred N. Satterstrom, AICP, Planning Director I
Charlene Anderson, AICP, Planning Manager
Parties of Record
Project Files
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1
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CPA-2009-2/KIVA #2092070 l
10/6/09 City Council Meeting
Page 2of2
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Kent City Council Meeting
Date November 3, 2009
Category Other Business - 7A
1. SUBJECT: WEBSOLUTIONS TECHNOLOGY, INC. CONSULTANT SERVICES
AGREEMENT - AUTHORIZE
2. SUMMARY STATEMENT: Based on feedback received from council
members, administration, department directors, city staff and residents during
the development of the City's Communication Plan, a user experience testing was
conducted on the City's Web site. The testing uncovered usability issues with the
current web site design. Some of the issues identified have been corrected,
however, many issues still remain that cannot be fixed effectively without a
I.
redesign of the City's web site in general. Budget funding for this project was
approved as a line item in the 2008 Technology plan.
An average of 4,700 visitors per day view the City of Kent Web site. The City's
web site offers a low cost and effective tool for the communication of important
information. Having a clean modern web site design that maximizes accessibility
for residents of all ages and technological capabilities is essential to meeting the
council's 2009 strategic goal to "Utilize Technology To Advance The Community."
3. EXHIBITS: Consultant Services Agreement
4. RECOMMENDED BY: Operations Committee 10/20/09
(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
i .
to authorize the Information Technology Department to execute a Consultant
Services Agreement with WebSolutions Technology Inc. and authorize the Mayor
to sign all documents related to the agreement in an amount not to exceed
$59,700.
DISCUSSION:
' ACTION:
i
r
i
it
KENT
W A 5 H I N G T O N
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Websolutions Technology, Inc
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Websolutions Technology, Inc organized under the laws of the State
of Illinois, located and doing business at 4255 Westbrook Drive, Suite 220, Aurora, Illinois
60504, and authorized to do business in the State of Washington (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
JConsultant shall perform the following services for the City in accordance with the
( following described plans and/or specifications:
f
Websolutions Technology, Inc. will redesign the City Web site
(http://www.ci.kent.wa.us) in order to modernize the site's look and feel and
improve user experience in accordance with the City's Request for Proposals, dated
Jul 27 2009, attached a � �ncorportedas Ex �bitA� a�cth �Consultant ss August
� 18 2009 Response�tothat ,Requestf�orProposaL;Latta}che�,�gndµ�Incorporated ;as
EXhibit.:B:;
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
February 28, 2010.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed $29,625 for the work defined in Exhibit B. At the City's election, the
Consultant may provide additional software components, software services, or
design services, which may be negotiated through a subsequent amendment to this
Agreement. However, in no event, will the cost of Consultant's total services
exceed., This This is the maximum amount to be paid under this Agreement
and any subsequent Amendments, 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 B.
CONSULTANT SERVICES AGREEMENT - 1
(Over$10,000)
B. The Consultant shall submit monthly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the f
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.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following `
representations:
A. 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. f
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed. 1
C. The Consultant has an established and independent business that is eligible l
for a business deduction for federal income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement. `
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue. l
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and l
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on I
the signature block of this Agreement. After termination, the City may take possession of all l
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 t
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 I
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 i
of the contract work, file the attached Compliance Statement. l
CONSULTANT SERVICES AGREEMENT - 2 f
(Over$10,000)
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Consultant's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
` and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
I 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
i 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 C 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,
ii 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.
CONSULTANT SERVICES AGREEMENT - 3
(Over$10,000)
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 f
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 f
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, 1
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.
D. Written Notice. All communications regarding this Agreement shall be sent to the l
parties at the addresses listed on the signature page of the Agreement, unless notified to the l
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 I
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.
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 i
to Consultant's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
CONSULTANT SERVICES AGREEMENT - 4
(Over$10,000)
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
f 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:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Jon Kee Kevin Casault
Websolutions Technology, Inc. City of Kent
4255 Westbrook Drive, Suite 220 220 Fourth Avenue South
Aurora, Illinois 60504 Kent, WA 98032
(630) 375-6833 (telephone) (253) 856-4609 (telephone)
(630) 375-6632 (facsimile) (253) 856-4735 (facsimile)
S APPROVED AS TO FORM:
i
Kent Law Department
I
CONSULTANT SERVICES AGREEMENT - 5
(Over$10,000)
i
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; l
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2. I
2. During the time of this Agreement I will not discriminate in employment on the basis of l
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability. l
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 1
promotion of women and minorities. f
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the l
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. 1
Dated this day of , 200_.
By: I
For:
Title:
Date: 1
1
CONSULTANT SERVICES AGREEMENT - 6 L
(Over$10,000)
II
CITY OF KENT
ADMINISTRATIVE POLICY
I
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.
I
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.
I
I
CONSULTANT SERVICES AGREEMENT - 7
(Over$10,000)
1
CITY OF KENT f
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 f
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 I
Policy that was part of the before-mentioned Agreement.
l
Dated this day of , 200
By: f
For:
Title:
Date:
l
f
4
I
CONSULTANT SERVICES AGREEMENT - 8
(Over$10,000)
Exhibit A
Request for Proposals
City of Kent, Washington Web Site Redesign
I. Introduction
The City of Kent, Washington (City) is seeking proposals for the redesign of its Web site
(http://www.ci.kent.wa.us) in order to modernize the site's look and feel and improve user
experience. The following are some of the goals identified for redesign:
• an updated, clean, consistent, graphical look;
• improved navigation through numerous pages of City-related information;
I
• an update to the site's information architecture (Live, Work, Play, City Hall, or some
variation);
• address usability issues and provide greater compliance with ADA regulations;
1 . City and Cascading Style Sheets (CSS) standards for the City's Web site to be optimally
viewable with modern browsers, and backward compatible to IE 6.0+; and
• Expertise in and adherence to current technological trends and best practices for Web site
design.
The new design should provide easy access to information on the City's many services.
The design must support Ektron CMS 400.Net. The design should be flexible enough to allow
the addition of new services and pages, such as a blog or RSS feed; to enable tools such as Web
casting, podcasting, and video-streaming; and to allow the City's Web staff to easily maintain
the site, including changes to text, graphics, navigation bars, and menus.
The City of Kent is the fourth largest city in King County, Washington, with a culturally rich
population of approximately 88,380. Kent covers a geographic area of 29 square miles, and its
population is projected to grow to beyond 100,000 within the next few years. Conveniently
located directly between the cities of Seattle and Tacoma, Kent has several distinct
neighborhoods and commercial districts within its boundaries.
II. Proposal Submission
Proposers are required to submit an original printed proposal, which must contain original
signatures; one (1) electronic copy of the original proposal in MS Word 2002; and four (4)
printed copies. The proposal, whether mailed or hand-delivered, should arrive no later than
2:00 p.m. PDT on August 21, 2009.
The proposal is to be sent to the City Clerk for the City of Kent. The envelope should be
addressed on the outside of the envelope/package in the following manner:
City Clerk
City of Kent
220 Fourth Avenue South
Kent, WA 98032-5895
Re: Web Site Redesign Proposal
Proposers submitting proposals by mail or delivery service should allow sufficient delivery time
to ensure timely receipt of their proposal by the City Clerk. Proposers assume the risk for the
method of delivery chosen. The City assumes no responsibility for delays caused by mail or any
delivery service. Proposals may not be transmitted using electronic media, such as facsimile
transmission or electronic mail.
Late proposals may not be accepted and may automatically disqualify a Proposal from further
consideration. The City reserves its absolute right, in its sole discretion, to accept or reject any
CONSULTANT SERVICES AGREEMENT - 9
(Over$10,000)
I
proposal not timely delivered or delivered without the required number and type of copies. All
proposals and any accompanying documentation become the property of the City and will not be
returned.
All proposals submitted must be valid for at least one hundred eighty (180) days from the
proposal due date in order to be considered.
III. Questions and Answers
Any person with questions regarding this RFP should e-mail a written request for clarification to
the following RFP Coordinator: f
Contact Person: Kevin Casault
Office: 253-856-4609 1
E-mail: kcasault@ci.kent.wa.us
Secondary Contact Person: Curt Ryser
Office: 253-856-4642
E-mail: cryser@ci.kent.wa.us
The RFP Coordinator is the sole point of contact for this proposal. Any other communication will
be considered unofficial and non-binding on the City, and may result in disqualification of the
Proposer. I
All questions should be should be sent to the RFP Coordinator by August 5, 2009. Answers will
be provided to all relevant questions via the City's procurement web site,
http://www.ci.kent.wa.us/procurement/index.aspx?id=1290. All revisions to this RFP will be in
the form of posts to the City's procurement web site, and no oral communication should be
relied on by any Proposer for any purpose.
The City reserves the right to cancel or to rescind and reissue this RFP, in whole or in part, at
any time prior to execution of any contract that may result from this RFP.
IV. Scope of Services
All proposals should take into account the following:
• Appearance: Modify the appearance to make the Web site more readable, aesthetically
pleasing, modern, and professional.
• Design: Effectively use the "real estate" of the home page and interior pages, while
emphasizing the City's core functions and services. Use clear, mutually exclusive labels
that the audience can relate to. Do not assume users know how City departments are l
organized. Use distinct and effective categories and sub categories for each major site
section. Make sure that each site layer has some distinct structure elements, so that
users can identify where they are on the site.
• Navigation: Improve navigation to adhere more closely to current Internet practices so
that the navigation is intuitive and reflects best practices. Navigation should include l
"search" that is easy to locate and use, a site map, a link to the online directories, a
contact page, "print this page" function, "e-mail this page" function, possible "members-
only" areas, and links to interior pages based on City's core functions and services.
Implement taxonomy features. Proposer's system should be able to provide tabbed
navigation within some landing pages, rotate feature articles, and be able to use of
"ICON" for labeling certain features. The design should also provide global navigation I
(such as an "I want to..." pull-down or links) to access common action items. Visually
CONSULTANT SERVICES AGREEMENT - 10 '
(Over$10,000)
identify external links. Simplify the URL naming convention to reflect site structure and
use URL aliasing.
• Senior Usability: Use high contrast text, use more whitespace in between lines of text,
avoid long pull down menus which require maximal dexterity to use, make sure clickable
target areas are bigger and more forgiving, and implement a site-wide control to increase
the font size.
• Content: Optimize use of the content of the site.
• ADA Compliance: Modify the Web site to become more ADA compliant and user friendly.
Administration: Design must be compatible with the City's current Web hardware and
software (Ektron CMS400.Net); Provision should be made for the possibility of future
components from other vendors.
• Deliverables: (1) Templates (master, aspx, htm), (2) Style sheets (css), (3) Custom user
controls (.ascx) or Server controls (.vb), (4) Custom xml, xsl, or any other custom code,
(5) Any custom images created for the design ,(6) All custom .Net source code.should be
provided in VB.Net.
i
V. Content of Proposals
i Proposals must be submitted on eight and one-half by eleven (8-1/2 x 11) inch paper with tabs
separating the major sections of the proposal. The sections of the proposal are to be submitted
in the order noted below, taking into account the provisions identified in section IV. To be
considered, the proposal should be as responsive as possible to the Scope of Services. The
vendor is viewed as an expert provider, and as such, is expected to deliver a complete solution
to this RFP with a stated not to exceed price.
A. Signed or Certified Letter of Submittal, Proposer Profile, and Certifications and
Assurances. The Letter of Submittal, the Proposer Profile attached and incorporated as
Exhibit A, and the Certifications and Assurances form attached and incorporated as Exhibit
B, should be signed and dated by a person authorized to legally bind the Proposer to a
j contractual relationship, e.g., the President or Executive Director in a corporation, the
managing partner if a partnership, or the proprietor if a sole proprietorship. The Letter of
Submittal is to include, by attachment, the following information about the Proposer and
any proposed subcontractors:
1. Name, address, principal place of business, telephone number, and fax
number/email address of the legal entity or individual with whom any resulting
contract would be written.
2. Name, address, and telephone number of each principal officer (President, Vice
President, Treasurer, Chairperson of the Board of Directors, etc.)
3. Legal status of the Proposer (sole proprietorship, partnership, corporation, etc.),
and the year the entity was organized to do business as the entity now substantially
exists.
4. Federal Employer Tax Identification Number or Social Security Number, and the
Washington Uniform Business Identification (UBI) number issued by the State of
Washington Department of Revenue. Proposal of entities not registered to do
business in Washington State may be rejected as not responsive.
5. Identity of any City employee or former City employee employed directly or
indirectly by Proposer or on the firm's governing board as of the date of the
proposal. Include his or her position and responsibilities within the Proposer's
organization. If following a review of this information it is determined by the City
CONSULTANT SERVICES AGREEMENT - 11
(Over$10,000)
f
that a conflict of interest exists, the Proposer may be disqualified from further
consideration for the award of a Contract.
B. Introductory Statement: Each Proposer shall briefly introduce itself with a brief overview
of its firm and its expertise in the area of Web design projects such as this.
C. Statement of Project Requirements: Each Proposer shall state in sufficient terms its
understanding of the project requirements presented in this RFP. Please include in this
section any recommendations the Proposer would make for improvement that the City has
not identified.
D. Task Overview and Cost Proposal: Each Proposer shall submit a time to complete the
project, the cost of each element or per hour cost, and a not to exceed amount.
E. Scope of Work: Each Proposer shall describe in narrative form its plan for accomplishing
the tasks of redesigning the appearance, design, navigation, and for making the Web site i
more ADA compliant. Additions to, or modifications of, the Scope of Services descriptions
may be allowed, but reasons for changes shall be fully documented. The Proposer is
requested to make specific recommendations to the City for the successful
implementation of this project.
F. Personnel and Prior Experience: Each proposal should identify the specific executive,
professional, and technical personnel who will be assigned to the project throughout
implementation and roll-out. The proposal shall indicate the responsibilities each person
will have in the project, the approximate number of hours that this person will commit to
the project, and the previous related work experience of each individual. Personnel I
indicated as having appropriate expertise for this project must be assigned to the project
and actively engaged in completion of the tasks. At a minimum, a project manager and
technical contact shall be included in the proposal submission. Any changes in
assignment of personnel must first be reviewed and approved by the City of Kent, l
Washington to ensure consistent project implementation, training, and testing.
G. References: Each Proposer shall submit names and contact information for at least three
(3) professional references, along with a description of the work that the Proposer did for l
each reference. The ideal reference will be from a public sector organization that recently
received services similar to those outlined in the proposal and that were managed by the
same project manager and/or project team. The City reserves the right to contact any I
reference or client listed that may be helpful to the City in evaluating the Proposer's
performance on previous assignments, whether or not the Proposer provided the
reference.
All references should be for projects that involved creating designs for web sites using
Ektron CMS 400.Net. For each reference, please provide the minimum following
information:
Organization
Contact Name
Contact Title
Address
Telephone
Email
Project Manager
Chief Web Designer
Server/Database Platform J
Contract Dates
Number/ Type of Support Personnel
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CONSULTANT SERVICES AGREEMENT - 12 i
(Over$10,000)
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H. Subcontractors/Third Party Vendors: Each Proposer must explain the extent and nature
of all additional companies that may supply goods or services under this proposal.
Proposers are to include in their responses the following:
a. The words "Not Applicable" if this section does not apply.
b. The name, address, and telephone number for each proposed subcontractor/third
party vendor.
C. A brief description of the goods or services that each subcontractor/third party
vendor is expected to provide under this proposal.
d. A brief description of the qualifications/experience of the subcontractor/third party
vendor and its key personnel or features of its third party products.
If the Proposer's proposal includes subcontractors or third party vendors, the City expects
i that the Proposer will act as the prime contractor, and will take full responsibility for
delivering and implementing the complete system, including acting as the sole point of
contact for payment and problem resolution. Subject to the City's approval, the City may
enter into separate license and maintenance and support agreements for third party
products.
I. Related Information.
J1. If any member of the Proposer's staff, or its subcontractor's staff, was an employee
of the City during the past 24 months, or is currently a City employee, identify the
individual by name, job title, or position held, and separation date.
f2. If the Proposer has had a contract terminated for default or for any reason during
the contract term in the last five (5) years, describe such incident. Termination for
default is defined as notice to stop performance due to the Proposer's non-
performance or poor performance and the issue of performance was either: (a) not
i litigated due to inaction on the part of the Proposer, or (b) litigated and such
litigation determined that the Proposer was in default.
3. Submit full details of the termination including the other party's name, address, and
phone number. Present the Proposer's position on the matter. The City will
evaluate the facts and may, at its sole discretion, reject the proposal. If no such
I termination for default has been experienced by the Proposer in the past five (5)
years, so indicate.
VI. Qualifications
The successful Proposer must have demonstrable skills in developing and redesigning Web sites
to correspond with current content. Proposals will be evaluated in regard to the stated pricing,
the quality of the proposal's presentation, its responsiveness to the stated requirements, the
Proposer's experience and expertise, the results of reference checks, and the Proposer's special
qualifications.
VII. Interviews
After written proposals are received and initially evaluated, the City may require that one or
more of the Proposers provide an oral presentation as a supplement to their proposals. Any
Proposer required to interview should be prepared to discuss and substantiate any area of its
proposal. The City may also ask the Proposer to provide examples of site designs that it would
propose to the City. The City is under no obligation to grant interviews to any Proposer
receiving a copy of this RFP and/or submitting a written proposal in response to this RFP. The
City has a right to rely on statements made during oral presentations, and the City may reduce
those statements into writing and make them part of the final contract documents.
VIII. Proprietary Information/Public Disclosure
BY SUBMITTING A PROPOSAL, ANY PROPOSER AGREES TO FORGO MAKING ANY PUBLIC
RECORDS REQUEST FOR ANY PROPOSAL SUBMITTED FOR THIS RFP AND, TO THE EXTENT
ALLOWED BY LAW, WAIVES ITS RIGHT TO MAKE SUCH A REQUEST UNTIL THE CONTRACT IS
CONSULTANT SERVICES AGREEMENT - 13
(Over$10,000)
AWARDED TO THE SELECTED PROPOSER AND SIGNED BY THE MAYOR. To the extent allowed
by law, all proposals received shall remain strictly confidential until the Contract, if any, resulting
from this RFP is signed by the Mayor and the apparent successful Proposer.
Any information in the proposal that the Proposer desires to claim as proprietary and exempt
from disclosure under the provisions of Washington State Public Records Act must be clearly
designated. The page must be identified as well as the particular exemption from disclosure 1
upon which the Proposer is making the claim. Each paragraph, section, or page claimed to be
exempt from disclosure must be clearly and conspicuously identified by the word "Confidential."
HOWEVER, IDENTIFYING PORTIONS OF A PROPOSAL IN THIS MANNER DOES NOT GUARANTEE
THAT THE MATERIALS WILL NOT BE DISCLOSED, AND THE CITY CANNOT GUARANTEE OR
WARRANTY THE SAME.
The City will consider a Proposer's request for exemption from disclosure; however, the City will
make a decision based on its interpretation of state law. Marking the entire proposal exempt
from disclosure will not be honored. The Proposer must be reasonable in designating
information as confidential. If any information is marked as proprietary in the proposal, such
information will not be made available until the affected Proposer has been given at least 48
hours prior notice so that the Proposer may seek a protective order in a court of appropriate
jurisdiction against the requested disclosure.
BY SUBMITTING A PROPOSAL, THE PROPOSER AGREES THAT IT IS NOT THE RESPONSIBILITY
OF THE CITY OF KENT TO SEEK ANY PROTECTIVE ORDERS ON BEHALF OF THAT PROPOSER AND
PROPOSER WAIVES ALL RIGHTS IN THAT REGARD. I
IX. Most Favorable Terms
The City reserves the right to make an award without further discussion of the proposal
submitted. Therefore, the proposal should be submitted initially on the most favorable terms
that the Proposer can propose. There may be no best and final offer procedure. The City does
reserve the right to contact a Proposer for clarification of its proposal during the evaluation
process. In addition, if the Proposer is selected, the City reserves the right to enter into contract
negotiations with the successful Proposer, which may include further contract negotiations.
Nevertheless, the Proposer should be prepared to accept this RFP for incorporation into a
contract resulting from this RFP. It is also understood that the proposal will become part of the
City's official procurement file.
X. Contract Award and General Terms & Conditions
The period of performance of any contract resulting from this RFP is tentatively scheduled to
begin on or about September 15, 2009, ending on or about December 1, 2009. The successful I
Proposer will be expected to enter into a contract that is substantially the same as the sample
contract attached and incorporated as Exhibit C. In no event is a Proposer to submit its own
standard contract terms and conditions in response to this solicitation. The Proposer may
submit exceptions as allowed in the Certifications of Assurances section, attached as Exhibit B to
this solicitation. The City will review requested exceptions and accept or reject the same at its
sole discretion.
XI. Costs to Propose
The City will not be liable for any costs incurred by the Proposer in preparation of a proposal
submitted in response to this RFP, in any presentation or interview, or any other activities
related to responding to this RFP. l
XII. No Obligation to Contract
This RFP does not obligate the City to contract for services specified in this RFP. Participation in {
this RFP and/or submission of a proposal constitutes only an offer from Proposer and does not
confer any legal right or entitlement to Proposers, nor create any obligation on the part of the
City. j
XIII. Rejection of Proposals
CONSULTANT SERVICES AGREEMENT - 14 i
(Over$10,000)
The City reserves the right at its sole discretion to reject any and all proposals without penalty
and not to issue a contract as a result of this RFP.
XIV. Commitment of Funds
The Mayor or the Mayor's delegate is the only individual who may legally commit the City to the
expenditure of funds for a contract resulting from this RFP. No cost chargeable to the proposed
contract may be incurred before receipt of a fully executed contract.
XV. Insurance Coverage
The selected Proposer shall, at its own expense, obtain and keep in force insurance coverage
that shall be maintained in full force and effect during the term of the Contract. The insurance
provided shall be in the minimum types and amounts sets forth in the attached Exhibit D. The
selected Proposer shall furnish evidence, in the form of a Certificate of Insurance, that insurance
shall be provided, and a copy shall be forwarded to the City prior to the effective date of any
Contract entered into as a result of this RFP.
i XVI. RFP EXHIBITS
Exhibit A Proposer Profile
Exhibit B Certifications and Assurances
Exhibit C Draft Contract
Exhibit D Insurance Requirements
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CONSULTANT SERVICES AGREEMENT - 15
(Over$10,000)
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Exhibit A
to Web Site Redesign RFP for City of Kent, Washington
PROPOSER PROFILE
Please provide the following Proposer information.
Yearfounded:
Headquarters location:
Local officers :
Total gross revenues:
Total gross revenues for public sector:
Average rate of growth in sales over
the last three ears:
Number of full-time personnel:
total company
management
support f
research and development
Number of full-time personnel
dedicated to public sector products:
support 1
research and development
Number of total customers:
past year
past three years
Number of public sector customers:
past year
past three years
Washington State
Does your company have current
pending or threatened litigation? If
es explain in detail.
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CONSULTANT SERVICES AGREEMENT - 16
(Over$10,000)
Exhibit B
to Web Site Redesign RFP for City of Kent, Washington
CERTIFICATIONS AND ASSURANCES
I/we make the following certifications and assurances as a required element of the
proposal to which it is attached, understanding that the truthfulness of the facts affirmed
here and the continuing compliance with these requirements are conditions precedent to
the award or continuation of the related contract(s):
J 1. I/we declare that all answers and statements made in the proposal are true and
correct.
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2. The prices and/or costs data have been determined independently, without
consultation, communication, or agreement with others for the purpose of
restricting competition. However, I/we may freely join with other persons or
organizations for the purpose of presenting a single proposal.
3. The attached proposal is a firm offer for a period of 180 days following receipt, and
it may be accepted by the City of Kent, Washington without further negotiation
(except where obviously required by lack of certainty in key terms) at any time
I within the 180-day period.
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4. In preparing this proposal, I/we have not been assisted by any current or former
employee of the City of Kent whose duties relate (or did relate) to this proposal or
prospective contract, and who was assisting in other than his or her official, public
capacity. (Any exceptions to these assurances are described in full detail on a
separate page and attached to this document.)
5. I/we understand that the City of Kent will not reimburse me/us for any costs
incurred in the preparation of this proposal. All proposals become the property of
the City of Kent, and I/we claim no proprietary right to the ideas, writings, items,
or samples, unless so stated in this proposal.
6. Unless otherwise required by law, the prices and/or cost data which have been
submitted have not been knowingly disclosed by the Proposer and will not
knowingly be disclosed by him/her prior to opening, directly or indirectly, to any
other Proposer or to any competitor.
7. I/we agree that submission of the attached proposal constitutes acceptance of the
solicitation contents and the attached sample contract and general terms and
conditions. If there are any exceptions to these terms, I/we have described those
exceptions in detail on a page attached to this document.
8. No attempt has been made or will be made by the Proposer to induce any other
person or firm to submit or not to submit a proposal for the purpose of restricting
competition.
9. I/we grant the City of Kent the right to contact references and others, who may
have pertinent information regarding the Proposer's prior experience and ability to
perform the services contemplated in this procurement.
Signature of Proposer
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Title Date
CONSULTANT SERVICES AGREEMENT - 17
(Over$10,000)
KEN T
Exhibit C
to Web Site Redesign RFP for City of Kent, Washington
SAMPLE CONTRACT
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
[Insert Consultant's Company Name]
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and [Insert Consultant's Co. Name] organized under the laws of the
State of [Insert State Co. Formed Under], located and doing business at [Insert Consultant's
Address and Phone Number] (hereinafter the "Consultant").
I. DESCRIPTION OF WORK. j
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
[Insert Detailed Description of Work Consultant will be Performing]
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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 I
effective date of this Agreement, Consultant shall complete the work described in Section I
[Type either "within" or "by" depending on deadline in next form field] [Insert either a date i
specific or enter # of days, weeks, months, years, etc.].
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed [Insert maximum dollar amount to be paid for services. You may type out
the dollar amount and place the numerical dollar amount in parentheses or you
may just enter the numerical dollar amount] 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 f
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 [Insert
Exhibit that lists the rate to be charged].
CONSULTANT SERVICES AGREEMENT - 18
(Over$10,000)
B. The Consultant shall submit [Enter monthly or quarterly] payment invoices to the
City for work performed, and a final bill upon completion of all services described in
this Agreement. The City shall provide payment within forty-five (45) days of
receipt of an invoice. If the City objects to all or any portion of an invoice, it shall
notify the Consultant and reserves the option to only pay that portion of the invoice
not in dispute. In that event, the parties will immediately make every effort to
settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement,
and in accordance with Ch. 51.08 RCW, the parties make the following representations:
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A. 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.
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause,
upon providing the other party thirty (30) days written notice at its address set forth on the
signature block of 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.
CONSULTANT SERVICES AGREEMENT - 19
(Over$10,000)
Consultant shall defend indemnify and hold the City, its
VII. INDEMNIFICATION. Consu y y,
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. Ii
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence. I
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 f
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 I
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 [Insert Exhibit #]
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 j
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. 1
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 1
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 1
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. 1
XIII. MISCELLANEOUS PROVISIONS.
CONSULTANT SERVICES AGREEMENT - 20
(Over$10,000)
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
i 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.
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.
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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.
CONSULTANT SERVICES AGREEMENT - 21
(Over$10,000)
I. Counterparts. This Agreement may be executed in an number of counterparts,
p 9 Y Y
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:
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By. By.
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
[Insert Contact Name] [Insert Name of City Rep. to Receive Notice]
[Insert Company Name] City of Kent
[Insert Address] 220 Fourth Avenue South
[Address - Continued] Kent, WA 98032
(253) [Insert Phone Number] (telephone) f
[Insert Telephone Number] (telephone) (253) [Insert Fax Number] (facsimile)
[Insert Fax Number] facsimile
APPROVED AS TO FORM:
Kent Law Department
[In this field, you may enter the electronic filepath where the contract has been saved]
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CONSULTANT SERVICES AGREEMENT - 22 {
(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;
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The questions are as follows:
I6. I have read the attached City of Kent administrative policy number 1.2.
7. 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.
8. 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.
9. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
10. 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.
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By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of , 200_.
By:
For:
Title:
i Date:
CONSULTANT SERVICES AGREEMENT 23
(Over$10,000)
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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 f
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 f
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. i
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CONSULTANT SERVICES AGREEMENT - 24
(Over$10,000) I_
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.
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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
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By:
For:
Title:
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Date:
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CONSULTANT SERVICES AGREEMENT - 25
(Over$10,000)
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Exhibit D
to Web Site Redesign RFP for City of Kent, Washington
INSURANCE & INDEMNITY REQUIREMENTS
No Insurance is required for this Contract.
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CONSULTANT SERVICES AGREEMENT - 26
(Over$10,000)
Exhibit B
WebSolutions RFP Response
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CONSULTANT SERVICES AGREEMENT - 27
(Over$10,000)
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websolutionS TECHNOLOGY
WEB DESIGN, DEVELOPMENT AND HOSTING
PROPOSAL
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City of Kent, Washington
Web Site Redesign Proposal � .
08.18.2009
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® Road Map
INTRODUCTORY STATEMENT 3
STATEMENT OF PROJECT REQUIREMENTS 4
TASK OVERVIEW AND COST PROPOSAL 6
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SCOPE OF WORK 7
PERSONNEL AND PRIOR EXPERIENCE 16
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REFERENCES 19
j SUBCONTRACTORS / THIRD PARTY VENDORS 20
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RELATED INFORMATION 20
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QUALIFICATIONS 21
APPENDIX 23
j PRICING NOTES 23
ENCLOSURES
LETTER OF SUBMITTAL
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PROPOSER PROFILE
CERTIFICATIONS AND ASSURANCES FORM
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Introductory Statement
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Dear Kevin,
Thank you for the opportunity to present a proposal for your Web Site Redesign {
project. As an award-winning provider of Web site design, development and
hosting services, and recognized CMS400 expert, WebSolutions will deliver an
enterprise-level concept to completion solution for the City of Kent.
WebSolutions' development and hosting efforts are focused on CMS400. In
addition to our Ektron accolades that include ELITE Partner status in both
Development and Hosting (one of only two firms worldwide to achieve both),
January 2009 Partner of the Month, and All-Star Award Winner, WebSolutions has
also partnered with Ektron to be the exclusive provider of hosting services under
the Ektron Hosting, Inc. brand. Whether it's a new implementation or rebuilding
an existing site, nobody does more with CMS400 than WebSolutions.
Helping improve transparency in government through your Web site is critical.
Whether it's as simple as allowing comments on content or as extensive as using
Twitter and other social networking tools, we will work with the City to maximize
the effectiveness and reach of the Web site. Citizens who are more empowered to
get involved, and public officials who are better informed to make decisions, are
two of the benefits we can help the City achieve.
WebSolutions is the ideal partner to lead the City through this project because:
• While a typical partner works on 10 - 15 CMS400 sites per year,
WebSolutions completed work on almost 50 in 2008, and is on pace to
surpass that number in 2009. j
• Our developers work with CMS400 everyday, which makes us significantly 1
more efficient than most.
• We create and implement solutions designed specifically to meet your needs,
allowing your Web site to realize its maximum potential.
• Our proposal includes a 90 day warranty on site programming and a custom
user manual at no additional cost - offering a guarantee on the quality of
work and ensuring early adoption of new functionality.
You'll notice that we have highlighted elements throughout the proposal that were i
requested specifically in the RFP. We do this to make your review process as easy
and efficient as possible.
We are confident that as you review this proposal, it will be clear that WebSolutions
is the best choice to make your project a success. If the City is looking for a
partner that can redesign the Web site to modernize the site's look and improve
user experience, we are that partner.
Sincerely,
Jon Kee
Director of Sales and Marketing
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®Statement of Project Requirements
OVERVIEW
Please find our understanding of the project requirements below. During Phase I,
we will work with the City to determine participation requirements to better define
the roles of each member.
Phase I I Discovery
We like to begin every project with an onsite meeting where we discuss the project
at a high-level. Goals of this phase include:
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• Determining the goals and objectives of the redesign.
i • Understanding the needs of the site's users and the needs of the key
stakeholders.
• Identifying the client's process of review and decision making, and the
appropriate client contacts for each step of the project.
From these meetings, we determine how the Web site can best meet the needs of
its users and support the goals of the organization. We spend considerable time
reviewing the site as well as other public sector sites to generate a list of best
practices and recommendations. Deliverable items include a professional site
analysis, creation of a list of recommendations to address current issues and
modification of the project scope if necessary. Several initial recommendations are
noted under Optional Interactive Elements in the Scope of Work section.
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Phase II I Wireframe and Site Design
In this phase, we begin creating the overall look and feel for the new Web site. To
elevate the importance of usability, our design will focus on using clean lines, easy
to read fonts, generous spacing and other design elements aimed at making
content as easy to view and access as possible.
Creating the architecture for the site will include:
• Creating wireframes that depict the layout and functionality for the Home
page and interior page templates.
Developing a navigation and folder structure that adheres to best practices.
Identifying the optimal navigation labeling scheme.
• Recommending interactive and dynamic elements to support navigation
initiatives.
• Designing an attractive and usable site concept that ties together all the
design and functional elements.
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This phase will conclude with your approval of the site design and navigation
structure.
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Phase III I Development i
This phase involves all high-end programming and development tasks as well as
implementation of the CMS. Clients will be given priority access to the
development environment to monitor progress throughout the project.
Phase IV I Quality Assurance and Training `
WebSolutions utilizes best practices for quality assurance'. Our QA team performs
rigorous browser and platform testing, testing at various Internet speeds and
locations, along with other similar, techniques to ,provide a functional browsing
experience.
To aid in training and knowledge transfer, WebSolutions will develop a site-specific
User Manual that will provide step-by-step instructions for completing non-standard
tasks on the Web site (common Ektron tasks will reference the Ektron User Manual)
to ensure uniformity throughout. In addition, WebSolutions has included one-half
(1/2) day of phone / Web-based training as part of this project. We provide a
single point of contact for training that is responsible for preparing the agenda and
leading the session as well as tracking post-training help requests. This
comprehensive approach ensures that users are able to manage the new Web site
efficiently and maximizes knowledge transfer. {
Phase V I Site Launch and Project Recap
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Hosting a CMS-driven Web site is a complex venture and WebSolutions is well
recognized when it comes to hosting CMS400 Web sites. As evidenced by our
ELITE Hosting Partner status and the fact that we are the exclusive provider of
hosting services under the Ektron Hosting, Inc. brand, our knowledge and
experience is unmatched.
Upon completion and approval of programming on the development servers,
WebSolutions will work with the City to update / configure the site in the production I
hosting environment. Site testing will be performed to ensure that the site is
running optimally. In addition, because of our hosting capabilities, we can launch
the site on our servers while working on the configuration of the production
environment if desired. This allows City IT staff to move the site at your I
convenience with the luxury of not affecting the live application. In addition, we
can utilize the development environment as a disaster recovery space post-
development (hosting fees apply).
Because the City currently hosts the Web site, WebSolutions does not envision
needing to assist with any configuration in the production environment. Therefore,
we will plan to provide a copy of all site files and a backup of the SQL database.
Please note that any site transfer or additional configuration assistance in an
external hosting environment may incur additional costs. ,
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®Task Overview and Cost Proposal
Because of our extensive experience working with CMS400 as well as public sector
Web sites, we are able to offer the City a custom solution at a cost normally
associated with a canned solution. We are confident that in reviewing this proposal,
you will recognize that WebSolutions' experience and specialization with CMS400
make us the best choice to guarantee success. While we may not be the lowest
cost bid, our loyal clientele illustrates the level of service and value we provide.
Because we are extremely interested in developing a long-term relationship with
the City, we are extending a 10% discount off normal pricing. In addition, we are
offering the following services at no cost:
• 90 Day Warranty on Programming ($1,500 value)
• Travel for Introductory Meeting ($1,200 value)
• Site Documentation and User Manual ($1,000 value)
Work Plan and Proposed Solution - Not to Exceed $29,625
This cost estimate includes all items detailed in the Statement of Project
Requirements and Scope of Work portions of this proposal. Any items noted as
carrying additional costs (such as Content Migration, Optional Interactive Elements,
etc.) are separate. Please note that any changes to the scope of the project may
affect this amount.
Project Timeline
' WebSolutions is estimating a'45 - 75 business day timeline. If necessary, we can
accommodate a more aggressive timeline and will work with the City to deliver on
time or ahead of any defined schedules.
Hourly Rates - $125 - $175 per hour
Most services are provided at $125 per hour. Video and advanced multimedia
development is billed at higher rates in the range noted.
Content Migration - TBD
We have included migration of up to one hundred content blocks as part of the
development cost. However, we prefer to let clients handle content migration as a
method of keeping project costs low. If additional content migration is requested,
these services are available at the rate of $75 per hour.
Web Site Hosting - $99 per month Waived
We are waiving both the monthly hosting cost and set-up fee for the first six
months of service as part of this proposal.
Please see pricing notes in the Appendix on page 23 of this proposal.
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® Scope of Work
Every Web site has a purpose. However, many Web sites fail at defining and
implementing their purpose. Our clients succeed because our talented team has
extensive experience working with large implementations, and because we utilize a
proven approach to accomplish our client's goals.
We make an investment in our clients so that you have a partner you can trust and
grow with. It's your job to be an expert in your area - it's our job to make you look
like an expert in ours.
The design will be flexible to accommodate the addition of new services and pages
such as blogs and RSS feeds. In.addition, Site Authors will be able to enable tools
such as Web casting, podcasting, and video-streaming within content and the City's
Web staff (Site Authors) will be able to maintain the site, including changes to text,
graphics, navigation bars, and menus, using the CMS.
All development will be performed according to CMS400 best practices. Because I
WebSolutions completes such a high volume of CMS400 sites, we have developed
several methodologies that improve CMS400 capabilities. These techniques
enhance the overall functionality of the site while leaving the upgrade path
unaffected, and is one of the main reasons why so many clients select I
WebSolutions. 1
Items noted G with a designate innovative approaches, new concepts or
other techniques that WebSolutions utilizes to improve content delivery and
lower development costs. Items noted with a indicate areas where cost
savings may be realized.
The following terms are referenced throughout this document: 4
• Site Visitor - Public, non-membership user with browsing privileges.
• Membership User - Public, registered user that can sign-up for Web Alerts,
access password protected content, comment on blogs, forums, etc. (if
applicable).
• Site Author - Client user with access to the Ektron Workarea to manage site
content and functionality.
• Super Template - WebSolutions' innovative template methodology that
maximizes the efficiency and performance of CMS400 Web sites. i
• Content Block - A piece of content on the Web site such as content (text,
images, links, etc.), graphics, video and other items.
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effectiveness of the
RESEARCH AND SITE ANALYSIS current site will help
Overview ensure that the new
Web site is a success.
Call us old fashioned, but we strongly believe that the
key to building a successful foundation for a long- Modify the Project
term relationship starts with a face-to-face Scope
introduction. Therefore, we have included one day
onsite as part of our proposal. While technology This process helps us
makes communication possible through numerous develop a
means, it doesn't provide the ability to look you in comprehensive
the eye, shake your hand and say let's get to work. understanding of your
While we feel that an onsite meeting is an important Web environment to
step in getting things started off right, if the City find out what works
deems that a visit is not necessary, cost savings are and what doesn't, and
available. can lead to the creation
of a list of refinements
Introductory Meeting and modifications to
As described in Section 3, the first step in our process
the project scope.
is an introductory meeting to discuss the project.
This discussion focuses on identifying the primary
goals of the project, determining the needs of the
site's users as well as the key stakeholders, and Process
i quantifying how the success of the site is going to be
measured. Collaborate to identify
We dive into a discussion about the needs of the the goals of the newsite, perceived
community to gain an understanding of how the site problems with the
should be used by constituents. In addition, we current site and user
discuss the organization's goals and any perceived needs
problems with the current site. This discovery
process helps identify the fundamental needs of the Presentation of site
j site and allows us to create an effective visual recommendations
presentation, an intuitive navigation structure, and
the ideal functional balance. Finally, we address Modify the project
transparency in government objectives and best scope as necessary
practices for public sector Web sites to identify which
are appropriate for the City to pursue.
Develop and Present Recommendations
Our experts analyze and understand user behavior so
that we can locate and remove stumbling blocks
during the browsing experience. Throughout this
process, we will identify areas where improvement is
available and provide recommendations as to how
these items can be resolved. Understanding the
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WEB SITE DESIGN WebSolutions' will
Overview design a fresh and
professional
Design is about much more than just determining the appearance to present
look and feel of a Web site. The essence of the the site in a visually
design process is to investigate visual and interactive appealing layout. The
possibilities to improve the usability, accessibility and site will have an
aesthetics of a Web site. updated, clean,
consistent and
Wireframes graphical look that
emphasizes the core
We begin the design process by developing functions and services
wireframes for the new layout. Wireframes are visual of the City. The
guides that present potential layout options and appearance will be ,
variations for pages on the site, while also depicting more readable, l
the functional capabilities of each. They are useful aesthetically pleasing,
because they help Site Authors visualize how pages modern and f
can be laid out and managed without letting colors, professional.
fonts and images interfere.
Navigation
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Process
The navigation and information architecture will be
intuitive and reflect best practices. Knowing that the Create wireframes to
average resident does not know the organizational depict layout and
structure of the City, we will discuss a variety of functionality for site
approaches that can include site search with pages
taxonomy, action-based navigation (such as Quick
Links or Take Me To... navigation) and other elements Generate the
to complement the primary navigation strategy. navigation structure
While the RFP outlines several items, WebSolutions
will work with the City to determine which elements Design the look and I
will create the optimal browsing and user experience. feel of the site
Interface Design
Upon completion of
these steps,
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1 The design will focus on providing content that the use of real estate
adheres to the latest in Web standards to address the on the Home page and
elements noted in the Senior Usability portion of the interior pages.
RFP. In addition, special attention will be paid to
content placement to ensure that we are maximizing
WEB SITE DEVELOPMENT
IWebSolutions has developed a list of items that are required to establish a solid
foundation for the Web site. These features are combined with the items requested
in the RFP and may be enhanced based on the findings in the previous phases. Any
�I changes to the scope of the project will be reviewed prior to starting development.
CSS / XHTML / Master Page Development
WebSolutions will utilize Cascading Style Sheets (CSS) to control page formatting
and layout to ensure that each section and page delivers a consistent presentation
throughout the site as well as ensure optimal viewing with modern browsers (IE
6.0+). CSS is used so that regardless of the level of technical skill that Site
Authors possess, fonts, colors and formatting will remain constant throughout the
site.
To best accommodate the needs of a diverse audience with a wide range of
1 technology and browsers, we employ a progressive enhancement development
process. Progressive enhancement uses Web technologies in a layered fashion.
This allows everyone to access the basic content and functionality using any
browser or Internet connection, while providing an enhanced version of the page to
those with better bandwidth or more advanced browser software.
We will implement our Super Template technology so that one primary template
can control the majority of the pages on the site. Many developers create
numerous master pages and dozens of templates to run their CMS Web site. This is
not ideal because it can create long-term problems, and future updates and
software upgrades can become very time consuming (and costly). A CMS Web site
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should be dynamic, so using the fewest number of master pages and templates
helps ensure that changes are efficient.
Home Page
ck
The Home page should have several dynamic elements
to provide an inviting and welcoming first impression. _
Special attention will be paid to make certain that it
accommodates the needs of the individual departments r.;,,� y
while still focusing on the overall goals of the site. The
Home page has the potential to include one or more of
the following:
• Flash image/banner/video rotator
• Recent news items
• Upcoming events
• Multi-purpose content blocks
In addition, we will provide additional content space to utilize this real estate
efficiently without overwhelming Site Visitors. Based on our findings in the
Discovery phase, additional functional requirements may arise and carry additional
fees to implement.
r Template Super p ato l�
WebSolutions' Super Template methodology takes Our innovative Super
Template provides Site
advantage of built-in functionality so that Site
Authors can assemble pages featuring content, Authors with banners, pods, menus, polls and other items unmatched level of
flexibility and control.
dynamically. While the Super Template defines the
overall page structure, we put the control of content Site Authors use
simple, built-in tools to
layout in the hands of Site Authors so they can:
dynamically manage
• decide how many columns are needed for page layout without
content (page-by-page) requiring any
knowledge of
• post a page or section specific banner programming or HTML.
• choose / associate individual menus for pages Site Authors can easily
and sections
• dynamically bring in content or groups of create dynamic pages
content to create landing pages / micro-sites using collections,
taxonomy, polls,
Proposal Highlight upcoming events and
more.
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This technology helps Site Authors optimize the use
of content on the site. In many cases, we create a
single Super Template to run several sites such as an
Internet and Intranet site. This allows Site Authors
to individualize pages and sites without requiring
numerous templates, increasing efficiency and
creating long-term cost savings. While this
methodology is only available from WebSolutions, all
of our techniques follow CMS400 Best Practices and
require no customization of the software, ensuring
that both the license and site upgrade paths remain
intact.
As part of this project, WebSolutions is
recommending deployment of the following Super
Template elements:
Related Content
Related content allows Site Authors to
associate content blocks with each other.
Related content items display in the right-hand
column and show the title and summary of the
content item.
Main Content Listing
Main content listings allow Site Authors to
create dynamic lists of content. This
functionality is useful for creating archives
such as press releases and can be used to
create jump pages or lists. Items display in a
bulleted list, showing the name of the content
block, which is hyperlinked to the appropriate
U RL.
Related Banners
Related banners allow Site Authors to post a
page specific banner to each content block,
allowing further customization and branding.
Online Forms
This functionality provides the ability to use
CMS400's Form Builder to create online forms,
without requiring an additional template.
Intuitive Navigation Q WebSolutions
will focus on
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developing a navigation structure that is clear Show/Hide Right
and intuitive, following best practices for Column
usability. Information will be presented with This feature
the goal of using no more than three levels of allows Site
navigation. Typically, a primary menu will Authors to show
provide global site navigation and feature or hide the right
several top-level items with drop-down/fly out column, which
menus, and a secondary menu will provide will slide content
section-specific navigation and feature top- accordingly. l
level items with sub menus. However, we will
work with the City to develop a comprehensive
navigation system to accommodate the needs Proposal Highlight �.
of your users. Placement and structure of the
site navigation will be determined during the Site Author
discovery phase so that Web pages are able to management of all ,
accommodate the proposed navigation navigation is our
scheme. standard best practice.
We work on several f
RSS Feeds / Web Alerts sites developed by
Site Authors can syndicate content using other vendors where
folder-based RSS Feeds and Web Alerts. RSS navigation control is I
Feeds allow Site Visitors to subscribe to feeds not included, making
using an RSS Reader and updates are this standard inclusion
automatically pushed out to them. Web Alerts from WebSolutions, a
allow Site Authors to push new content and critical feature.
updates out to subscribers via email and text
message. These tools combine to provide Site
Authors with numerous options for reaching
their subscribers.
Calendar/ Upcoming Events
WebSolutions will configure a calendar using
CMS400's calendar control to display upcoming �-
events on the Web site in a calendar layout.
We will also work with the City to determine if
it is appropriate to display upcoming events
dynamically on the Home page to drive interest
to upcoming events and provide an always
changing area on the Home page.
Show/Hide Left Column {
This feature allows Site Authors to show or
hide the left column, which will slide content
accordingly.
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Site Search
j WebSolutions will provide site search capabilities using the built-in search.
Searching is fast and accurate with powerful options such as synonym
searching, suggested results, auto summary generation and taxonomy
filtering. These features make content searchable by filtering via category,
searching keywords or full text and using Advanced Search capabilities to
limit content searching to file types (HTML, Image, etc.). When coupled with
the new navigation structure, these features will improve the ability for Site
Visitors to find information on the site quickly and efficiently.
Usability Enhancements
WebSolutions will integrate several enhancements to increase accessibility that can
1 include:
• Implementing browsing history breadcrumbs to help users re-trace pages
they have visited.
• Creating styles that improve usability, such as visually indicating which links
point to external pages.
Making clickable target areas larger and more,forgiving.
• Creating a design with usability in mind, aimed at providing a highly legible
and readable visibility.
o Supplement this effort with a "high-contrast" style-sheet to allow Site
7 Visitors to select a high contrast appearance.
• Outlining content best practices (such as avoiding long drop-down menus,
padding links, etc.) that can help improve usability.
j0 Providing alternate content for any Flash or multimedia components of the
site so that Site Visitors without Flash have a positive browsing experience.
Implementing a method to allow users to control the size of Web site text.
• Developing pages that scale appropriately when text is resized or when
viewed on different size monitors.
Using icons and images tastefully;to help make navigation more intuitive,
especially for the visually impaired or those that have trouble reading text.
• Ensuring that the site will degrade gracefully in antiquated browsers and that
content will remain accessible when Javascript, CSS or Flash is disabled.
• Increasing the use of white space to increase legibility and not overwhelm
Site Visitors.
• Utilizing URL aliasing based on folder or taxonomy structure to aid in
navigation and to simplify the naming convention.
Included Interactive Elements
Based on our review of the current Web site and RFP, other proposal features
include:
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• Blogging - configuring one instance of the CMS400 blog with standard
styling.
• Viral Marketing Tools Implementing the Sharer This toolbar to allow Site
Visitors to link content to their existing external social networks (Facebook,
Digg, del.icio.us, etc.) and "email to a friend" functionality. In addition,
WebSolutions will provide guidance to help the City determine whether pages f
on MySpace and, Facebook ;are appropriate as well as :how it .can, utilize
emerging technologies such as Twitter.
Printer Friendly Pages - Creating a printer friendly version of sites pages.
• Site Map -;Creating a dynamic Site .Map that displays tthe main. pages for
each navigation category.
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Optional Interactive Elements
i Based on our review of the current Web site and RFP, we believe the following
components may be of interest to the City. These items can be implemented
during development or at a later date, but are listed to show that we are interested
in helping the City achieve long-term success. While we have listed several items,
we know that other innovations will present themselves as we move through the
development process. Therefore, please view these as a starting point in our
- discussion. Please note that these items are not included in the Proposal cost and
additional descriptions are available upon request.
• Mobile Site and Application Development
• Enhanced Calendar Display and Functionality
• PageBuilder Template(s) and Widget Development (As Well As New CMS400
Version 8.0 Functionality)
• Content Comments and Ratings
• Theming with CMS400
• Membership Registration and Secure Content
i • Searchable Staff Directory
Testing
WebSolutions utilizes best practices for quality assurance. Our QA team performs
rigorous browser and platform testing, testing at various Internet speeds and
locations, along with other similar techniques to provide a functional browsing
i experience.
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Supplementary Documentation
WebSolutions will develop a site-specific User Manual that will provide step-by-step
instructions for completing non-standard tasks on the Web site (common Ektron
tasks will reference the Ektron User Manual) to ensure uniformity throughout.
Training
WebSolutions has included one-half (1/2) day of phone / Web-based end-user
training as part of this project. Because we look forward to developing a long-term
relationship with you, we will provide three months of support for post-training
requests.
Project Management
WebSolutions employs a very interactive project
management approach for large implementation projects. I
WebSolutions utilizes a Web-based project management -
software called Basecamp that serves as a repository for all
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communication, files, timelines and other project-related documents. This
interactive tool helps clients track progress by providing all stakeholders in the
project with access to communications and documents.
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Site Specifications
Per RFP specifications, WebSolutions will meet the following requirements:
• The site will be built using the latest release of the CMS400 software (client
must have a valid license).
• The site will be able to accommodate future expansion including integration
of third-party components.
• Development will be completed 'in VB.Net and full site documentation'
regarding any non-standard programming so that in-house developers are
able to manage, maintain and enhance the Web site.
We will enable CMS400's Accessibility/Section 508 utility. '
Content Migration
As a method of keeping costs low, WebSolutions prefers to let clients perform
content migration. However, we have included migration of up to one hundred
content blocks as part of this proposal. We can also discuss full content migration
options to determine if a more automated solution is available.
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CONCLUSION
WebSolutions has carefully constructed this Proposal based on the information
provided and our knowledge and expertise in regards to Web site design and
development.
To recap:
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• WebSolutions will collaborate with the City to determine usability, layout and
design guidelines to create the ideal user experience.
• WebSolutions will design the site employing best practices to maximize your
investment in the CMS400 product.
• WebSolutions will provide site documentation and training to improve
knowledge transfer.
• WebSolutions will provide a comprehensive solution, with team members
that live and breathe CMS400 participating at every step of the project
If you are looking for an experienced Web site design partner to create a Web site
that will optimize communication with residents, businesses and visitors, look no
further.
Please note: We have reviewed the current Web site to learn more about your
existing requirements. However, we cannot warrant that we have found or
included all of the functionality present on the current site. The tasks and services
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outlined in this proposal represent the services offered. Any requests not outlined
in this proposal will be considered out of scope and require a change order and
client approval to complete.
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® Personnel and Prior Experience
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A successful project requires team members with expert knowledge and excellent
communication skills. The team selected for this project is highly skilled in Web site
development projects that include implementation of CMS400. Our development
team includes multiple designers and developers that ensure timely completion of
each project. For this project, we anticipate the following team member's
involvement. Recent projects listed include the CMS400 product unless otherwise
noted.
Please find the anticipated development team selected for this project detailed
below.
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'i Bill Casey
V.P.Internet Development
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Chris Oa rhout Dennis Kardys
Senior Internet Developer Senior Web Designer
Rob Sahntl Corey Tess Dan Sates
Web Developer Web developer
Internet Technology
Manager
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ROLES
Please find the roles and anticipated hours for each team member outlined below:
Bill Casey - Overall team management, manages all large development projects, quality
control. 25 Hours
Chris Osterhout - Lead Developer, responsible for all high-end programming and
managing the development team. 90 Hours
Dennis Kardys - Will provide user experience (UX) analysis, graphic design and creation of
other visual elements, expertise designing for CMS400. 85 Hours
Rob Schall - Ektron Certified Developer, will assist with development tasks, QA testing
and content migration. 30 Hours
Corey Tess - Ektron Certified Developer and former Ektron, Inc. employee, will assist with
standard development tasks, QA testing and content migration. 20 Hours
Dan Sales - Former Ektron, Inc. employee, the world's leading expert on hosting and
managing CMS400 Web sites, will assist with hosting environment configuration, site
transfer and testing. 10 Hours
Bill Casey I V.P. Internet Development, Partner
Mr. Casey is a founding partner of WebSolutions. His background includes extensive experience j
in Microsoft .NET, SQL and Ektron development. Mr. Casey has lead WebSolutions' ascension to l
ELITE Development Partner Status and has been integral in major deployments for Cardinal
Stritch University, I/O Solutions and the Chicago Metropolitan Agency for Planning.
Recent Projects Include:
Chicago Metropolitan Agency for Plannin
• 9 p 9 Y 9
• I/O Solutions (non-Ektron)
• Cardinal Stritch University 1
• MOR Furniture (non-Ektron)
• National Organization of Bar Counsel
Chris Osterhout I Senior Internet Developer
Mr. Osterhout has a well-documented background in Web development and advanced E- I'
Commerce programming that includes Microsoft .NET, SQL, Ajax and more. Recent projects
include CMS400 development for IGA, Kanabec Hospital and the Village of Woodridge, Illinois.
Mr. Osterhout is an Ektron Certified Developer and has been fundamental in helping
WebSolutions achieve Ektron ELITE Development Partner status.
Recent Projects Include: {
• Northwestern University Medill School of Journalism
• Village of Woodridge, Illinois
• IGA, Inc.
• Kanabec Hospital
• Gigs 4 Grads
CONSULTANT SERVICES AGREEMENT - 48
(Over$10,000)
II
Dennis Kardys I Senior Web Designer
Mr. Kardys is an expert in designing highly usable and attractive Web sites using CMS400.
Combining a keen sense of design with a thorough understanding of Web development
techniques, Mr. Kardys creates modern Web sites that are as functional as they are attractive
and possesses industry-leading expertise in developing Flash multimedia components for
integration and management with CMS400.
Recent Projects Include:
• Viva
• IGA, Inc.
• Bolingbrook Park District
• Gigs 4 Grads
• Village of Woodridge, IL
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CONSULTANT SERVICES AGREEMENT - 49
(Over$10,000)
Rob Schall I Web Developer
With experience that includes high-end application development as well as network
administration and help desk management, Mr. Schall brings a high level of versatility to each
project. Mr. Schall has an extraordinary arsenal of programming knowledge with demonstrated
proficiency in C, C++, Java, Python, C#, VB, PHP, JavaScript, AJAX and MySQL. Mr. Schall is an
Ektron Certified Developer and features a specialization in developing highly complex and
customized Web applications.
Recent Projects Include:
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• I/O Solutions, Inc. (non-Ektron)
• South East Association for Special Parks And Recreation
• Village of Woodridge, IL j
• Chicago Metropolitan Agency for Planning 1
• Bolingbrook Park District
Corey Tess I Web Developer
Mr. Tess joined WebSolutions after spending several years working at Ektron, Inc. in Nashua,
NH. Mr. Tess has a strong background in developing and managing CMS400 Web sites and
specializes in troubleshooting and repairing existing implementations. Mr. Tess is an Ektron
Certified Developer and his expert knowledge of the CMS ensures the use of best practices on
every development project.
Recent Projects Include: i
• Forest Preserve District of DuPage County
• Alliance for Water Efficiency
• Medi-Share.org
• City of Country Club Hills, IL
Dan Sales I Internet Technology Manager
er
Mr. Sales joined WebSolutions having recently served as the Technical Support Manager for
Ektron, Inc. in Nashua, NH. His tasks include managing WebSolutions' Ektron hosting operation I
and assisting clients with the design and implementation of server and network configurations
including Web servers, database servers, firewalls and load balancers. This experience provides
invaluable knowledge and expertise to support our client's Ektron Web presence. Finally, Mr. ;
Sales has developed Ektron-based Web sites and applications using C#, VB, Microsoft SQL and
other programming languages.
Recent Projects Include:
• Judson University
• RBC Ministries
• Premier Health Partners
• Forest Preserve District of DuPage County
CONSULTANT SERVICES AGREEMENT - 50 ++
(Over$10,000) 1
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® References
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Reference 1
Contact Name: Anne Holub Title: Web Communications Specialist
Organization: Chicago Metropolitan Agency for Planning (CMAP)
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Address: 233 South Wacker Drive, Suite 800, Willis Tower
City Chicago State: Illinois Zip: 60606
Phone: 312.386.8778 Web address: www.cmap.illinois.gov / www.goto204O.org
Email: aholub@cmap.illinois.govProject Manager: Chris Osterhout
Chief Web Designer: CMAP Staff Server/Data base Platform: Microsoft Windows, SQL 2005
Contract Dates: Ongoing Number/Type of Support Personnel: Four
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Reference 2
Contact Name: Melissa Bohse Title: Management Analyst
Organization: Village of Woodridge, Illinois
Address: 5 Plaza Drive
City Woodridge State: Illinois Zip: 60517
Phone: 630. 719.4709 Web address: www.vil.woodridge.i1.us
Email: mbohse@vil.woodridge.il.us Project Manager: Chris Osterhout
Chief Web Designer: Dennis Kardys Server/Database Platform: Microsoft Windows, SQL 2005
Contract Dates: 03/2007 - 09/2007 Number/Type of Support Personnel: Two
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i Reference 3
Contact Name: Rudy Maybell Title: IT Manager
Organization: City of Country Club Hills, Illinois
Address: 4200 W. 183rd St.
City Country Club Hills State: Illinois Zip: 60478
Phone: 708.798.4868 Web address: www.cityofcountryclubhills.org
Email: rmaybell@countryclubhills.org Project Manager: Bill Casey
Chief Web Designer: Dennis Kardys Server/Database Platform: Microsoft Windows, SQL 2005
Contract Dates: 11/2006 - 02/2007 Number/Type of Support Personnel: Three
CONSULTANT SERVICES AGREEMENT - 51
(Over$10,000)
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® Subcontractors / Third Party Vendors
WebSolutions will not require the use of any subcontractors or third party vendors to complete
this project. All tasks will be completed using full time WebSolutions' employees that have
expertise working with CMS400.
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Related Information
None of the items apply to WebSolutions. f ,
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CONSULTANT SERVICES AGREEMENT - 52
(Over$10,000)
® Qualifications
We've dedicated over fourteen years to developing long-term relationships with a clientele that
includes over one thousand clients worldwide including local, national and international
organizations, small and large businesses, government agencies, non-profits, retailers,
educational institutions, healthcare agencies and more.
This sample of our clientele features our most recent as well as related Web site design,
development and hosting projects utilizing CMS400.
Chicago Metropolitan Agency for Planning / Go To 2040
- URL: http://cmap.illinois.gov / http://www.goto2040.org
- Case Study / Video Recap: http://www.websolutionstech.com/content.aspx?id=71
- Site Description: A Web 2.0 content rich site that is always changing, these sites set the
benchmark for information-rich and interactive CMS400 . sites. Excellent creative and
improved functional offerings such as blogs, global search, video, surveys, comments and
ratings, polls and other Web 2.0 technologies make these sites extremely effective.
- WebSolutions' Role: Web site design assistance, CSS, all Ektron development, hosting and
training.
Bolingbrook Park District
- URL: http://www.bolingbrookparks.org
- Case Study / Video Recap: http://www.websolutionstech.com/content.aspx?id=284
- Site Description: A dynamic, interactive site built on CMS400. The redesign process
began with a detailed discovery phase that included stakeholder meetings and
development of a complete Work Plan. Site features include taxonomy-driven sections,
user controlled animation, geo-mapping capabilities and more.
- WebSolutions' Role: Discovery and Work Plan development, custom Web site design, CSS,
all Ektron development, hosting installation (offsite), training and documentation.
Viva - Together for Children
- URL: http://www.viva.org
- Case Study / Video Recap: http://www.websolutionstech.com/content.aspx?id=299
- Site Description: WebSolutions focused on finding common ground among regions to
develop a rich and engaging Web site with global appeal. By applying unique stylistic
elements to each regional section and utilizing the Super Template, Site Authors around
the world can customize their marketing message to meet specific needs. Social
networking encourages interaction among users on every continent.
- WebSolutions' Role: Discovery and Work Plan development, custom Web site design, CSS,
all Ektron development, hosting, training and documentation.
CONSULTANT SERVICES AGREEMENT - 53
(Over$10,000)
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Cardinal Stritch University
- URL: http://www.stritch.edu
- Case Study / Video Recap: http://www.websolutionstech.com/content.aspx?id=76
- Site Description: WebSolutions developed dynamic functionality and a highly sophisticated
navigation structure that is completely managed using the CMS. Several components of
the site are dynamic in nature and managed by Site Authors via the Workarea.
- WebSolutions' Role: Web site design assistance, CSS, all Ektron development, hosting and
training.
IGA, Inc.
- URL: http://www.iga.com
- Case Study / Video Recap: http://www.websolutionstech.com/content.aspx?id=256
- Site Description: IGA and WebSolutions collaborated to deploy this interactive Web
presence. Site visitors will immediately notice the updated branding, clean layout and
improved navigation. WebSolutions deployed our "Super Template" technology to create a
streamlined content management approach, allowing almost every page on the site to run
using a single template.
- WebSolutions' Role: Web site design assistance, CSS, all Ektron development, i
multimedia/ad design and integration, hosting installation (offsite), training and 1
documentation.
Roman Catholic Diocese of Brooklyn °
- URL: http://www.dioceseofbrooklyn.org
- Case Study / Video Recap: http://www.websolutionstech.com/content.aspx?id=148
- Site Description: WebSolutions employed techniques to make management of dynamic
content as structured as possible using Ektron Smart Forms. User-controlled animation
(allowing images, text and hyperlinks), geo-mapping, complex navigation and more make
this solution, heavenly.
- WebSolutions' Role: Web site design assistance, CSS, all Ektron development and hosting.
Gigs 4 Grads
- URL: http://www.gigs4grads.com
- Case Study / Video Recap: http://www.websolutionstech.com/content.aspx?id=270
- Site Description: WebSolutions developed a completely customizable social network using
Ektron's API layer as well as a job and resume posting functionality that integrates with I
the CMS.
- WebSolutions' Role: Discovery, custom Web site design, CSS, all Ektron development,
hosting and documentation.
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(Over$10,000) l
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® Appendix
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Pricing Notes
The following pricing notes apply to the items outlined in this proposal.
• This estimate is based on our recommendations to meet the needs outlined in our
meetings, discussions, and any documentation provided. Until a Service Agreement is
signed, quoted prices do not represent a commitment to develop and may be subject to
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change if the scope of the project is altered.
• All costs associated with the project are outlined in this proposal. However, should the
scope of the project change, project costs will be adjusted prior to any development.
i Fees and pricing are exclusive of all federal, state, municipal sales, use, property, value
added and other taxes.
• All services, pricing, and content in this proposal are confidential and should not be
disclosed to other parties without written consent from WebSolutions.
• All services and costs outlined in this proposal are valid for a period of one hundred and
eighty days. Proposals accepted after one hundred and eighty days may need to be
redrafted.
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CONSULTANT SERVICES AGREEMENT - 55
(Over$10,000)
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Exhibit C
INSURANCE & INDEMNITY REQUIREMENTS
No Insurance is required for this Contract.
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CONSULTANT SERVICES AGREEMENT - 56
(Over$10,000)
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Kent City Council Meeting
Date November 3, 2009
Category Other Business - 7B
1. SUBJECT: HOWARD HANSON DAM/GREEN RIVER LEVEE UPDATE
2. SUMMARY STATEMENT: Staff will give a brief update on the Green River
Levee.
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3. EXHIBITS: None
4. RECOMMENDED BY:
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? Revenue?
Currently in the Budget? Yes No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Kent City Council Meeting
Date November 3, 2009
Category Bids - 8A
1. SUBJECT: 2ND AVENUE PEDESTRIAN IMPROVEMENTS
2. SUMMARY STATEMENT: The Bid opening for this project was held on
October 21, 2009, with 15 bids received. The low responsive bid was submitted
by Road Construction NW, Inc. in the amount of $279,156. The Engineers
i estimate was $394,255. Of the 15 bids received six (6) were non-responsive and
one (1) was turned in late and not opened. The Acting Public Works Director
recommends awarding this contract to Road Construction NW, Inc.
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3. EXHIBITS: Public Works Memorandum dated 10/23/09
' 4. RECOMMENDED BY: Staff
(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
to authorize the Mayor to sign a contract for the 2"d Avenue Pedestrian
Improvements project with Road Construction NW, Inc., in the amount of
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$279.156.
i DISCUSSION:
ACTION:
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E.,
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Interim Public Works Director
ENTAddress: 220 Fourth Avenue S.
W A S H I N G T O N
� Kent, WA. 98032-5895
Phone: 253-856-5500
Fax: 253-856-6500
DATE: October 21, 2009
'J TO: Mayor Cooke and Kent City Council
FROM: Larry Blanchard, Public Works Director
( RE: 2"d Avenue Pedestrian Improvements
The bid opening for this project was held on October 21, 2009 with 14 bids received. The
low responsive bid was submitted by Road Construction NW, Inc. in the amount of
$279,156.00. The Engineer's estimate was $394,255.00. Of the 15 bids received six (6)
were non-responsive and one (1) was turned in late and not opened. The Public Works
Director recommends awarding this contract to Road Construction NW, Inc.
Bid Summary:
1. Road Construction Northwest, Inc. $279,156.00
2. RW Scott Construction Co. $289,950.00
3. SCI Infrastructure Inc. $299,665.00
4. Johansen Excavating, Inc. $301,985.00
5. Rodarte Construction, Inc. $306,750.00
6. Dennis R. Craig Construction $440,283.32
7. Construct Co. $463,336.68
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8. Pivetta Brothers Construction $468,705.74
Engineer's Estimate $394,255.00
U:\PWCommittee\2009\ToCouncil\l1 03 09.doc
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REPORTS FROM STANDING COMMITTEES AND STAFF
i A. COUNCIL PRESIDENT
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B. MAYOR
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C. OPERATIONS COMMITTEE'
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D. PARKS AND HUMAN SERVICES COMMITTEE
E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE
F. PUBLIC SAFETY COMMITTEE
'i G. PUBLIC WORKS
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H. ADMINISTRATION
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REPORTS FROM SPECIAL COMMITTEES
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WASH IN OTON
OPERATIONS COMMITTEE MINUTES
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OCTOBER 6, 2009
Committee Members Present: Debbie Raplee, Tim Clark, and Les Thomas
The meeting was called to order by Tim Clark at 4:00 p.m.
The following Walk On Item was requested by- Chief Administrative Officer- John
Hodgson: Legal update to the flood .ordinance to be presented by City Attorney Tom
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Brubaker and Economic and Community Development Director Ben Wolters.
The following two residents in the audience requested to speak:
Denton Hartford
Jim Berrios
Clark announced the following additions/changes to the agenda:
Item 4: Legal Update to the Flood.Ordinance
Item 5: Animal Control
Item 6: Denton Hartford
Item 7: Jim Berrios
j 1. APPROVAL OF MINUTES DATED SEPTEMBER 15, 2009
Thomas moved to approve the minutes of the September 15, 2009 Operations
Committee meeting. Raplee seconded the motion, which passed 3-0.
2. APPROVAL OF VOUCHERS DATED SEPTEMBER 15, 2009 AND
SEPTEMBER 30, `2009
Finance Director.Bob Nachlinger presented the vouchers for September 15, 2009 and
September 30, 20.09.
Raplee moved 'to ' approve the vouchers dated September 15, 2009 and
September 30, 2009. Thomas seconded the motion, which passed 3-0. -
3. MOVE TO. AUTHORIZE THE MAYOR TO SIG_ N A CONSULTANT SERVICES
AGREEMENT WITH . PACIFIC. TECHNOLOY; INC. (P tI) FOR TIME AND
MATERIALS NOT TO EXCEED :$75,616 -.,TO ASSIST THE CITY WITH
REQUIREMENTS GATHERING, RFP DEVELOPMENT AND RECOMMENDATIONS
FOR ANEW PIERMITTING, ASSET AND WORK ORDER SYSTEM.
IT Manager.Curt Ryser provided a revision to the Consultant Services Agreement
frh-nnnPs in verbiane' racket raaes 6 & 7). Rvser advised that the permit, asset
Operations Committee Minutes
October 6, 2009
Page: 2
and work order system replacement project team is looking to Pacific Technology, l
Inc. (PTI) to assist staff in the final phases of requirements gathering and
documentation that.will be used to develop a Request for Proposals.(RFP) and to be
distributed to system vendors. BUDGET IMPACT: Not to exceed $75,616 per
consultant services agreement. These funds are budgeted in the Information i
Technology Plan as adopted. BACKGROUND: Ryser further advised that the 1
permit, asset and work order system replacement project team has: been. working
on business process improvements and documenting system requirements since
July of 2007. Ryser further noted that the project team issued an RF.P for
consultants that can work with the team to complete the final phases of
requirements gathering, developing a request for proposal to be distributed to
potential vendors, review and make recommendations.based on the.request for
proposal responses received. -'The assistance by the consultant.is desired to help
coordinate the complex and multitude,of requirements for the replacement
enterprise system as well as keeping the project on schedule. A total-of five (5)
consulting firm responses were received to assist the city in developing and
reviewing RFP responses for a permit, asset and work order replacement system.
Of the five responses, two were selected_ as finalists and interviewed by.the project
steering committee. Pacific Technology, Inc. was the preferred vendor both based
on their interview as well as total proposal costs based on time_ and materials. The
Committee raised questions which Ryser responded to, f
ATTACHMENTS: Consultant Services Agreement with Pacific Technology, Inc.
Thomas moved to authorize the ;Mayor_.to sign a Consultant Services
Agreement with Pacific Technology, Inc. (PTI)_for time and materials not
to exceed $75,616 to assist the city with requirements :'gathering, RFP
development and recommendations for a new "permitting, asset and work 1
order system. Raplee seconded the.motion, which passed 3-0.
ORDINANCE,
4. Walk On Item: LEGAL UPDATE TO THE FLOOD_
City Attorney Tom Brubaker,advised that the Council, recently passed an ordinance
to allow individuals to install temporary flood protection devices on their property i
without having to get a permit since this is an emergency situation. Because-it"s an i
emergency situation, have found out during implementation there are some things
that could be improved in the ordinance.. Bringing it back to clarify the earlier I
ordinance and make some amendments. f the Committee approves. Brubaker l
distributed copies of the revised ordinance to the Committee and explained the
changes to the verbiage on the following pages: Page 2 Sec 1, Page 3 Sec 2A, 1
Page 3 Sec 2 Item B4, Page 4 Sec 3, Page. 5 .Item F. The Committee raised
questions which Brubaker & Wolters responded to.
Raplee moved to recommend Council adopt a proposed ordinance to make 1
clarifying revisions to Ordinance 3932, temporarily waiving certain
permitting requirements for.temporary structures constructed.for flood
protection purposes du a to the threat posed by the diminished flood I
control capabilities of the Howard Hanson Dam. Thomas seconded the
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Operations Committee Minutes
October 6, 2009
Page: 3
motion which passed.3-0. Raplee further advised that'the ordinance will
go to the Council later this evening to be placed on the consent calendar.
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S. ANIMAL CONTROL (Informational Only)
Chief Administrative Officer John Hodgson brought attention to one of the proposals
out of the King County Executive's office which is-to end all contracts for animal
control effective June 30, 2010, Don't know the impact on the City at this point;
but other than pet license fees, we are not anticipating nor do we propose at this
time adding any other revenues to solve this problem. There Is an unofficial
organization that is meeting every other week to look at options. The City is
attending 'so we can follow and know what is going on. Hodgson also noted that as
close to November 1,- 2009 as possible, King County will be moving out of the
current Animal Shelter and will abandon the building due to the possibility of
flooding, The Committee raised questions which Hodgson responded to.
6. REQUEST FROM RESIDENT TO SPEAK ON THE 2010 BUDGET.
Resident Denton Hanford, 24736 136th Ave_ SE, Kent, 98042; provided a handout he
prepared entitled General Fund Balance.
7. REQUEST FROM RESIDENT TO SPEAK ON THE.2010 BUDGET.
Resident Jim Berrios, 9506 S. 234th Place, Kent, 98031; provided a handout he
prepared entitled General Fund Budget Analysis as of March 31, 2009.
8. MONTHLY BUDGET SUMMARY (Informational Only)
Finance Director Bob Nachlinger provided a brief overview of the Monthly Budget
Summary. Nachlinger referred to the information in 2"d paragraph, page 161 of the
I packet explaining the various measurements used which indicate signs of recovery
in the national and local economy. Also addressed were sales tax projections,
utility taxes, and building permits. Clark expressed his concerns regarding
budget projections and year end numbers. Raplee provided a spreadsheet she had
created to give her a clear view of the budget last year.as compared to this year.
Nachlinger will fill in the budget numbers and bring back to the-next Committee
meeting. The Committee raised further questions which Nachlinger responded to.
T eeting ad' - ned at 5:00 p.m.
Nancy Clar
i Operations. ommittee S etary
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PUBLIC WORKS COMMITTEE MINUTES
Monday, October 05, 2009
COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee and Committee Members Ron
Harmon and Les Thomas were present. The meeting was called to order at 4:07 p.m.
ITEM 1 - Approval of Minutes Dated September 21, 2009:
Committee Member Les Thomas moved to approve the minutes of September 21, 2009.
The motion was seconded by Ron Harmon and passed 3-0.
ITEM 2 - Proposed Amendment to Residential Traffic Calming Program Standard/Meadow
Ridge Neighborhood.
City Attorney Susan Jensen, explained that this proposed amendment would allow the Director of
Public Works to exercise discretion under special circumstances that would allow deviation from the
adopted standards for the implementation of Phase 2 traffic calming measures. 22 of the 34
residents in the Erin Glade subdivision have signed a petition asking for speed humps to be installed
in their subdivision. Chad Bieren and Rob Knutsen, both from Public Works, also helped to explain
the process of adding the speed humps and to answer questions. It was stated that there were zero
funds available in this year's budget for this purchase, but there was a proposal to increase funds in
1 2010 and, based on approval, the speed humps could be installed as early as spring 2010. The cost
of installing four speed humps should be approximately $20,000. It was also stated that these
speed humps will be modified to the Fire Department's request.
Ron Harmon moved to recommend that Council adopt a resolution repealing Resolution
No. 1804 and readopting the same language along with the addition of a provision that
would allow the Director of Public Works to exercise discretion under special
circumstances that would allow deviation from the adopted standards for the
implementation of Phase 2 traffic calming measures. The motion was seconded by Les
Thomas and passed 3-0.
ITEM 3 - Flood Fight/Information Only
Tim LaPorte, Interim Public Works Director, showed the PowerPoint presentation on flooding that
was given at last Saturday's event at the Showare Center. He stated that approximately 1,000
people were in attendance and that another citizen's meeting will happen this Thursday, 10/8. Tim
stated that Lt. Colonel Rollins, of the ACOE, stated at Saturday's meeting that the interim repair on
Howard Hanson Dam is on schedule.
There are different reaches on the Green River and work was completed in 2008 on the Vt reach -
Riverbend Golf Course. The completion of this levee was considered successful, as well as a
concerted effort by the City, Army Corps of Engineers and the King County Flood Zone Control
District. The levee for the 2"d link - Horseshoe Bend (which is where Central Avenue turns into
Auburn Way North), was just completed within the last 3-4 weeks and is currently in the planting
stage. The goal is to eventually replace all 12 miles of levees along the Green River.
Richard and Rick Brown, from Transco NW in Kent, were then introduced and thanked for building a
special machine that would fill large sand bags. The City was impressed with how quickly they
designed and created this machine - within a 2 week period.
Tim mentioned that 1,600 large sandbags have been filled to date since last Friday. 3,000 bags will
arrive tomorrow; 10,000 on Wednesday; 6,000 on Friday and 8,000 next Tuesday. This amount
should be sufficient for placement on the Green River. We currently have 125,000 small sandbags
with 375,000 expected to be delivered on Tuesday. There is a machine on order that will assist us
in filling these bags.
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PUBLIC WORKS COMMITTEE MINUTES
Monday, October 05, 2009
It was also mentioned that the Interurban Trail will be closed for the rest of October to prepare and
place sandbags along the river. In November, the trail will open to pedestrian traffic only.
The public can start picking up sandbags on Saturday, October 17th at the Public Works Operations 1
and can fill them themselves at any one of the 5 locations shown on the map that was handed out.
ITEM 4 — Snow & Ice Removal/Information Only:
Don Millett, Public Works Street Superintendent, presented information about how the City handles
snow and ice removal. He mentioned that with 500 miles of roadways to take care of, they are
very busy. Bill also talked about potholes that show up after snow has melted and that his crew
tries to get them filled within one hour of being called. When not clearing snow and ice, this same
crew will be helping fill and place sandbags.
Information Only/No Motion Required +
ADDED ITEM: I
Garry Stewart expressed concern to the committee regarding the number of street lights along
several streets in the City that are burned out. Discussion followed and Tim Laporte mentioned he
would get back to Mr. Stewart after checking into this matter. 1
Adiourned:
The meeting was adjourned at 5:08 p.m.
Next Scheduled Meeting:
Monday, October 19, 2009 at 4:00 p.m.
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Barbara Biteman
Public Works Committee Secretary,
filling in for Cheryl Viseth I
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CONTINUED COMMUNICATIONS
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EXECUTIVE SESSION
ACTION AFTER EXECUTIVE SESSION
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