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CITY OF KENT
City Council Meeting
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Agenda
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February 2, 2010
Mayor Suzette Cooke
Jamie Perry, Council President
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Councilmembers
Elizabeth Albertson
Ron Harmon {
Dennis Higgins ;
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Deborah Ranniger
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Debbie Raplee
cWA SHINGTON
Les Thomas CITY CLERK
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KENT CITY COUNCIL AGENDAS
KENT
February 2, 2010
WA'. '' '-"DN Council Chambers
MAYOR: Suzette Cooke COUNCILMEMBERS: Jamie Perry, President
Elizabeth Albertson Ron Harmon Dennis Higgins
Deborah Ranniger Debbie Raplee Les Thomas
**********************************************************************
COUNCIL WORKSHOP AGENDA
5:30 p.m.
Item Description Speaker Time
1. Intergovernmental Issues Michelle Witham 10 minutes
2. Parks & Open Space Master Plan Jeff Watling 30 minutes
3. Animal Control Jeff Watling 10 minutes
COUNCIL MEETING AGENDA
7:00 p.m.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. CHANGES TO AGENDA
A. FROM COUNCIL, ADMINISTRATION, OR STAFF
B. FROM THE PUBLIC - Citizens may request that an item be added
to the agenda at this time. Please stand or raise your hand to
be recognized by the Mayor.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
B. Community Events
L , 1_eel Is (ah�2. Vpdot
5. PUBLIC HEARINGS
None
6. CONSENT CALENDAR
A. Minutes of Previous Meeting - Approve
B. Payment of Bills - Approve
C. Aukeen Court Rental Agreement - Authorize
D. 2009 Miscellaneous Accounts Receivable Write-offs - Authorize
E. Jail Transition Services Contract - Authorize
F. Northwest Playgrounds Purchase Contract - Authorize
G. Community Athletics Programs Sexual Non-Discrimination Ordinance -
Adopt
(Continued)
COUNCIL MEETING AGENDA CONTINUED
H. Energy Efficiency and Conservation Block Grant Agreement - Authorize
I. S. 228th St. Burlington Northern Santa Fe/Federal Highway
Administration Section 129 Grant Funds - Accept
J. Conveyance of Sanitary Sewer Easement to King County - Authorize
K. National Pollution Discharge Elimination System Grant Funds - Accept
L. North Park Sanitary Sewer Phase II - Accept as Complete
7. OTHER BUSINESS
None
8. BIDS
None
9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
10. CONTINUED COMMUNICATIONS
11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION
A. Property Acquisition
B. Lease Negotiations
12. ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's
Office and the Kent Library. The Agenda Summary page and complete packet
are on the City of Kent web site at www.a.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 TOO relay service call the Washington
Telecommunications Relay Service at 1-800-833-6388.
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COUNCIL WORKSHOP
1) INTERGOVERNMENTAL ISSUES
2) PARKS & OPEN SPACE MASTER PLAN
3) ANIMAL CONTROL
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PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling, Director
Phone: 253-856-5100
KEN T Fax: 253-856-6050
WASHINGTON
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
February 2, 2010
TO: Kent City Council
FROM: Lydia Moorehead, Parks Planner
THROUGH: Jeff Watling, Director of Parks, Recreation and Community Services
SUBJECT: Council Workshop: Park & Open Space Plan Update
An update to the Kent Park & Open Space Plan is underway and a draft plan has
been completed. The update process is an opportunity to re-examine our vision for
Kent Parks and prioritize our next steps for the short and long term future. The
City's previous plan was adopted in June 2000 and is due for an update. During the
spring and fall of 2009, public input was gathered and used to gauge changing
community needs and priorities. Since then, specific implementation strategies
have been identified and incorporated into a draft plan. The updated plan will be
used to direct future development, acquisition and renovation of parks and open
spaces.
The draft plan allows us to take a detailed look at specific elements and
recommendations. It analyzes the most recent census information, provides an
updated park and open space inventory, updates level of service and goals and
policies and recommends long and short term capital projects. The draft plan
includes the four core themes that we have previously discussed: Kent's Legacy,
Athletic Fields, Green Kent and Connectivity.
A series of discussions have occurred at the Parks Committee meetings, beginning
last Fall. This workshop is an opportunity to give the Council an update on the Park
Plan. A brief 10 minute staff presentation will be followed by Council discussion and
feedback.
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Kent Parks, Recreation &
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CITY OF KENT - Parks & Open Space Plan - 2010
Table of Contents
WHO WE ARE...
1. Introduction ................................................................ 1
WHERE WE ARE... j
2. Background ................................................................ 3
Natural Resource Characteristics ................................... 4
DemographicProfile .................................................... 4
3. Park Inventory & Classification ...................................... 7
WHERE WE WANT TO GO...
4. Goals and Policies ...................................................... 13
5. Needs Analysis .......................................................... 26
Level of Service (LOS) ............................................... 26
Demographics .......................................................... 29
Public Participation .................................................... 29
Regional Coordination................................................ 30
HOW WE WILL GET THERE...
6. Implementation ......................................................... 31
Overview ................................................................. 31
CoreThemes............................................................ 31
Long Term Capital Recommendations (2010-2030) ........ 33
Short Term Capital Recommendations (2010-2020) ....... 36
Financing ................................................................. 38
7. Appendices ............................................................... 43
A. Public Involvement............................................... 43
B. Relevant Regulations ............................................ 47
C. Capital Facilities Plan ............................................ 48
D. Resolution/Ordinance Adopting Plan ....................... 48
CITY OF KENT - Parks & Open Space Plan - 201.0
1. Introduction
Over the past several decades Kent has developed an award-winning network of
parks, open spaces and recreation facilities. Kent's park and open space system
provides a wide variety of recreation experiences, from the Arbor Heights 360 skate
park and climbing pinnacle and the passive nature of Clark Lake Park, to the
regional draw of the Russell Road softball/baseball complex and our stunning
downtown gathering place, Town Square Plaza, there is something for everyone in
Kent.
Kent Parks' vision - "Creating a Better Community"- emphasizes the role parks play
in the make-up of a vibrant community. Meeting the needs of our citizens has
strongly influenced the character of the City's park system and has helped create a
well-rounded and expansive network. Our recent park survey resulted in
overwhelmingly positive comments about the City's existing system.
Kent parks serve a community that has grown not only in numbers but in size and
diversity. Kent is now home to more families, children and seniors than ever
before. A quarter of Kent's residents were born outside the U.S. and one-third
speak a language other than English at home. Over the past 20 years, the City has
doubled in size as urban growth areas have been annexed. As Kent transitions
from a suburban community to an urban center, the need to build upon Kent's
legacy is crucial to meet the changing community's needs. The Park Plan update
establishes a vision of a park system that addresses urbanization in its future
development to better serve a growing community. The Parks Plan is a tool to help
Kent meet this challenge.
Park Plan Objectives
The purpose of this plan is to guide the future acquisition, development and
redevelopment of parks and open spaces as we progress into the next 20 years.
This plan examines Kent's existing park and open space system, assesses needs,
identifies short- and long-term recommendations, details funding sources and
prioritizes our next steps. In addition, the plan will be incorporated into the City's
Comprehensive Plan as an implementing document and will allow the City to retain
eligibility for State grant funds.
The Growth Management Act (GMA) provides planning goals for Parks and Open
Spaces. Although the Parks Plan is a required element under GMA, Kent has long
maintained a Park and Open Space Element because parks and recreational
opportunities are viewed as an integral part of the City and essential to the quality
of life for its citizens. The details of the Parks Plan will be included in the Park and
Open Space Element of the City's Comprehensive Plan.
1
Chapter 2 - Introduction
Philosophy
The mission for the Parks and Community Services Department is to enrich the
quality of life in Kent by providing parks and facilities that are safe, attractive, and
that offer enjoyable and meaningful recreation and cultural programs, and supports
human services. This is accomplished via development and maintenance of parks
and facilities, professional programming, and the optimum utilization of community
resources. The following mission statement articulates the Department's
commitment to the community:
Vision: Creating a Better Community
Mission: Dedicated to Enriching Lives
1. We are committed to providing safe and inviting parks and facilities. '
2. We offer meaningful and inclusive recreational, cultural and human
service programs.
3. We are responsive, encouraging and ethical in our dedication to the
community by providing:
. . . Personal Benefits that strengthen self esteem, improve health and promote
self sufficiency.
. . . Social Benefits that bring families together and unite people within our
diverse community.
. . . Economic Benefits that welcome new business relocation and expansion,
leading to a more productive work force and increased tourism opportunities.
. . . Environmental Benefits that protect and preserve natural and open space
areas and enhance air and water quality.
As we seek to develop a park and opens space system that adequately meets the
needs of Kent's citizens, this Plan will provide the necessary guidance to help us
fulfill the Department's mission and work toward creating a better community.
2
CITY OF KENT - Parks & Open Space Plan - 2010
2. Background
The City of Kent is the fourth largest city in King County, with a culturally diverse
population of 88,380. Kent has a unique makeup, from its distinct residential
neighborhoods, a regional manufacturing center to an extensive network of natural
features; these make Kent an attractive destination for living, working and
conducting business. Situated between Seattle and Tacoma, Kent's city limits cover
a geographic area of 29 square miles with major residential areas on the east and
west hills, a warehouse and distribution hub in the valley, a vibrant urban center,
and commercial nodes scattered throughout. Over the past several decades Kent
has developed an established network of parks, open spaces and recreation
facilities totaling more than 1,300 acres. In 2003, Kent was selected Sports
Illustrated Sportstown USA, which recognized Kent's innovation in the development
of parks facilities and programming. In addition to providing parks and open
spaces, Kent offers a wide variety of recreation programs. Kent's service area goes
beyond the city limits, serving the entire Kent School District and portions of the
Highline and Federal Way School Districts.
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Chapter 2 - Background
Natural Resource Characteristics
Kent is lucky to have a wide variety of natural systems that help define our city and
make it unique. Some of the larger systems include two waters of the state: the
Green River which runs north-south along the west side of the City and Lake
Meridian located on Kent's east hill. There are several shoreline areas as
designated by the Shoreline Management Act, which include: Lake Fenwick, Green
River Natural Resource Area, Springbrook Creek, Jenkins Creek and the Mill Creek
Auburn Floodway. In addition to these, the City has many areas that are
considered critical or environmentally sensitive such as wetlands, streams, wildlife
and fisheries habitat, geologic hazard areas, frequently flooded areas and aquifer
recharge areas. An extensive urban forest stretches across and within many of
these natural systems.
Kent's natural systems have been subjected to widespread development over the
years; however, many of these areas are incorporated and protected within the
City's parks and open spaces. We have the opportunity to further protect and
utilize these areas through increased stewardship and through acquisition of natural
areas that are currently within private ownership. An example of recent efforts to
preserve Kent's natural areas is the development of an urban forestry management
program, currently underway. This program, titled Green Kent, will contain a 20-
year action plan to manage our natural areas and take advantage of our
enthusiastic volunteers by training citizens to become volunteer stewards. The
community recognizes the need to protect natural areas. Our most recent park
survey indicated that natural and open space areas were rated of extremely high
importance to our users.
Demographic Profile
Demand for park facilities are directly related to the makeup of the community in
areas such as population, age, ethnic diversity and household makeup. A look at
Kent's demographics is one measure that can help determine how much and what
kind of parkland is needed to serve the specific needs of the community. The
demographic information below is a broad overview based on information
developed from the 2000 U.S. Census data.
Population Growth
Significant growth over the last 20 years has underscored the need to plan for the
next phase of Kent's parks and open spaces so that these spaces continue to meet
the needs of the growing community. We also recognize that, due to fiscal
constraints, we need to become more creative in the maintenance, redevelopment
and programming of our existing parks as well as in the acquisition of future parks
and open spaces. Establishing partnerships with other organizations will become
4
CITY OF KENT- Parks & Open Space Plan - 201.0
increasingly important if we are to continue to provide and maintain quality parks
and open spaces.
The City of Kent is the ninth largest city in Washington and fourth largest city in
King County. Figure 1 depicts Kent's population growth, by decade, since 1960,
and also reflects population projections to 2031. Annexation of the Panther Lake
area to the northeast of the City's limits in July 2010 will add an additional five
square miles and approximately 24,000 residents to our current population. By the
year 2031, Kent's population is projected to reach 105,445 (or 132,833 including all
potential annexation areas). Kent grew at an average rate of 10.9 percent per year
in the 1990's compared to an average of 6.4 percent per year in the 1980's. A
significant annexation occurred in January 1999 which accounts for a large part of
the population increase during the 1990's. Growth is expected to slow to 2.5
percent from 2000 to 2031.
Figure 1: Kent Population Growth 1960-2031
Kent Population Growth
120000 105,445
100000 .,— - - ---- ---- 88,380
79,524
80000
60000 --
37,9
40000 -
23,152
1163,275
20000 9,417 - --- --
1960 1970 1930 1990 2000 2010 2031
US Census Bureau/CFM/PSRC/KingCounty
Households
There were 31,113 households in Kent in 2000, with an average of 2.53 persons
per household, up from 2.33 in 1990. Family households make up 63 percent of
households in Kent, with 38 percent of all households having children (individuals
under 18 years of age) and 13.9 percent of all households including seniors
(individuals 65 years and over).
5
Chapter z - Background
Ethnic Diversity
Kent's ethnic diversity is growing rapidly. Close to 29 percent of Kent's residents
identified themselves as a race other than white, compared to 11 percent in the
1990 Census. The ethnic makeup of Kent is 70.8 percent white, 9.4 percent Asian,
8.2 percent African American, 8.1 Hispanic, 0.9 percent Native American, 0.7
percent Pacific Islander, 4.7 percent from other races and 5.3 percent from two or
more races. The American Community Survey estimates that from 2005-2007, 31
percent of Kent's residents spoke a language other than English at home. Of those
speaking another language, 30 percent spoke Spanish and 70 percent spoke some
other language, and 56 percent reported that they did not speak English very well.
The American Community Survey also estimates that from 2005-2007, 25 percent
of people living in Kent were foreign born.
Age Makeup
Kent's population appears to be aging with an increased number of seniors and a
higher median age. There are also a greater number of children under the age of
18. The 2000 census found that 27.7 percent of Kent's population was less than 18
years of age, compared to 24.7 percent in 1990. The 2000 census found that 7.3
percent of the population was 65 years or older, compared to 6.5 percent in 1990.
The median age in 2000 was 31.8 years. The American Community Survey
estimates that the median age from 2005-2007, was 33.9 years.
Figure 2: Age Groups as a Percentage of Population
1990 Population 2000 Populaton
6% 7%
■0-17 a0-17
18 44 0 _ 918-44
� a45-64 45-65
065+ 065+
6
MY OF KENT - Parks & Open Space Plan - 2010
3. Park Inventory & Classification
Kent owns and/or leases 1,348 acres of parkland. The majority of this parkland is
natural resource land, while the remaining is evenly distributed between
Community and Neighborhood Parks, Recreation Facilities and undeveloped land.
Since 2000, over 87 acres of additional parkland have been acquired. Parkland
from the Panther Lake Annexation, which will be effective July 2010, is included in
the inventory below. The City's parkland is generally broken down into the
following categories:
Figure 3: Total Parks by Classification
9% ■Community Parks
1% ■Neighborhood Parks
nIndoor Recreation Facility
■Outdoor Recreation Facility
w Natural Resource
uUndeveloped
63%
n Panther Lake Annexation
=.,u,i Area
Community Parks — A park that serves the entire City of Kent and includes
facilities or amenities that are not offered elsewhere in the city. Amenities will vary
at each park and may include boating, swimming, fishing, group picnic shelters,
play equipment, trails, sport courts and ball fields. Access to the park is by car,
public transit, foot or bicycle. Off-street parking is provided. There are eight
Community Parks with a total of 111.9 acres.
Facility Location Acres
1. Arbor Heights 360 east 2.82
2. Green River Parks
Anderson Park valley 0.30
Briscoe Park valley 7.00
Cottonwood Grove valley 0.77
Russell Woods Park valley 7.00
Three Friends Park valley 1.00
Van Doren's Landing Park valley 10.00
7
Chapter 3 - Park Inventory & Classification
3. Lake Meridian Park east 16.02
4. Morrill Meadows east 16.31
5. Old Fishing Hole valley 5.70
6. Town Square Plaza valley 0.77
7. Urban Core Parks
Burlington Green* valley 0.22
Castlereagh Park* valley 0.21
First Avenue Plaza valley 0.60
Kaibara Park* valley 0.56
Kherson valley 0.58
Rosebed Park* valley 0.23
Sunnfjord Park valley 0.21
Titus Railroad Park valley 0.30
Uplands Extension* (Rotary Basketball & Lions Skate) valley 4.10
Yangzhou Park* valley 0.21
8. West Fenwick Park (includes West Hill Skate Park) west 37.00
Total 111.91
* Leased Land
Neighborhood Park - A park designed to meet the active and passive recreation
needs of an immediate neighborhood. A neighborhood is defined by surrounding
arterial streets and access is usually by foot or bicycle. Parking spaces are typically
not provided, unless on-street parking is not available, accessible or safe.
Neighborhood parks have amenities for casual activities that are not programmed
or organized. Amenities may include play equipment, picnic tables, hard courts
(basketball, tennis), walking trails, and open grass areas. There are 24
neighborhood parks with a total of 80.94 acres.
Facility Location Acres
1. Canterbury Neighborhood Park east 2.08
2. Chestnut Ridge Park east 3.33
3. Commons Park valley 2.66
4. East Hill Park east 4.62
5. Eastridge Park east 0.80
6. Garrison Creek Park east 5.00
7. Glenn Nelson Park west 10.00
8. Gowe Street Mini Park valley 0.10
9. Green Tree Park east 1.47
10. Green View Park east 1.10
11. Kiwanis Tot Lot #1 valley 0.60
12. Kiwanis Tot Lot #2 valley 0.41
13. Kiwanis Tot Lot #3 east 0.75
14. Kiwanis Tot Lot #4 valley 0.35
15. Linda Heights Park west 4.20
16. Meridian Glen Park east 5.47
17. Naden Avenue RV Park valley 0.70
8
CITY OF KENT - Parks & Open Space Plan - 2010
18. Park Orchard Park east 7.22
19. Pine Tree Park east 9.80
20. Salt Air Vista Park west 2.00
21. Scenic Hill Park east 4.10
22. Seven Oaks Park east 0.50
23. Springwood Park east 10.00
24. Sun Meadows east 1.54
25. Tudor Square Park east 4.70
26. Turnkey Park east 6.53
27. Walnut Grove east 0.30
Total 90.33
Recreation Facility - Buildings and parks used by the community for social,
cultural and programmed recreation. Outdoor recreational facilities are
distinguished from other parks by the scheduled nature of the facilities.
Recreational facilities include community centers, historic buildings, sports fields
and golf facilities. These facilities serve the entire City of Kent, and in some cases,
the region. Access to these facilities is by car, public transit, foot, or bicycle. Off-
street parking is provided. Riverbend is unique from the other recreational
facilities, because it is an enterprise facility, which is a self-sustaining, revenue
generating facility that financially supports itself. Some of the facilities identified
below include open space which may be developed in the future.
Sa ua re
I Facility Location Acres Feet
Indoor
1. Kent Commons valley 3.00 50,000
2. Kent Historical Museum valley 1.70 3,720
3. Kent Memorial Park Building valley 0.25 3,000
4. Kent Valley Ice Centre*** valley 3.60 65,154
5. Neely/Soames Historical House valley 1.00 2,256
6. Resource Center valley 0.44 6,000
7. Senior Activity Center valley 4.36 21,000
Subtotal 14.35 151,130
Outdoor
8. Kent Memorial Park valley 10.95
9. North Meridian Park Fields east 8.40
10. Service Club Park east 28.80
11. Russell Road Park valley 30.40
12. Uplands Playfield valley 2.30
13. Wilson Playfields east 11.49
Subtotal 92.34
Golf Course
13. Riverbend Golf Complex-18 holes valley 131.00 11,296
14. Golf Par 3, Driving Range, Mini-Putt valley 36.00 1,800
Total 273.69 164,226
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chapter 3 - Park Inventory & Classification
*** City Leased Land
Natural Resource - Parks that are passive in nature and include areas of
openness, environmentally sensitive areas, and/or wildlife habitat. Amenities
include passive recreation elements such as benches, bird watching platforms,
fishing, trails, and open green areas.
Facility Location Acres
1. Anderson Greenbelt valley 4.00
2. Campus Park east 16.50
3. Clark Lake Park (includes Lake rental 2.06) east 129.11
4. Eagle Scout Park valley 0.50
5. Foster Park valley 4.00
6. Green River Enhancement Area** valley 310.00
7. Green River Corridor/Trail valley 39.35
8. Ikuta Property Donation valley 0.90
9. Interurban Trail valley 10.35
10. Kennebeck Avenue valley 0.10
11. Lake Fenwick Park west 141.34
12. Mill Creek Canyon Park east 107.25
13. North Meridian Park east 67.06
14. Old Fire Station west 0.21
15. Puget Power Trail valley 20.00
16. Springbrook Greenbelt valley 5.00
17. West Canyon Open Space west 5.00
18. Willis Street Greenbelt* valley 4.00
Total 864.67
* Leased Land; ** Public Works Managed
Undeveloped - Land area acquired by the city that has not yet been developed or
programmed for recreational use.
Facility Location Acres
1. 132nd Avenue Park (Dow Property) east 4.56
2. 277th Corridor Park east 4.58
3. Eagle Creek Park east 1.00
4. Hopkins Open Space east 1.34
5. Kronisch Property west 0.70
6. Midway Reservoir (W. Hill Neighborhood Park) west 9.67
7. Naden Ave. Property valley 6.45
8. Rainier View Estates east 1.17
9 Riverview Park valley 14.40
10. Valley Floor Community Park & Ballfields valley 50.05
Total 93.92
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CITY OF KENT - Parks & Open Space Plan - 2010
Urban Center & Green River Subareas
Kent contains two distinct areas comprising several parks. Kent's downtown
includes 10 parks, which together, forms our Urban Center Community Parks.
Parks within the Urban Center collectively provide a variety of amenities such as
play areas, picnic tables, skate and basketball facilities, and passive open green
areas. During festivals and other events downtown, these parks serve as gathering
places and key focal points.
The Green River features 13 parks stretching from Briscoe Park at the northern city
limits to the 277th trail connection at the southern limits. Several of the parks
provide passive green space, two are undeveloped, and the remaining provide a
variety of amenities for fishing, play, barbecues, picnics and bicycling. Each of
these subareas provides a distinct experience for park users based on the area.
Greenways
Greenways provide a contrast to urban density. They combine the natural functions
and separations provided by a greenbelt with the linear and connected orientation
of a parkway. Greenways are present in many existing parks and within privately
owned property. They commonly exist because they include environmentally
sensitive areas such as wetlands,
streams or steep slopes. One of the -. .
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most prominent greenways in Kent is
within Mill Creek Earthworks Park,
which starts at the base of the east hill
and continues up the hill along both
sides of Mill Creek. This greenway :
includes an urban forest, stream, `°�`•_ � ;� ;fi,v;: ` •"��`
wetlands, wildlife habitat and steep 4" � •
slopes. In addition to the t;
environmental benefits of this area Mill
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Creek Greenway provides a break in x* E
the urban landscape and has the
potential to provide a much needed - -�
connection between the city center and
the east hill. •' '�
Given the limitations of public
resources, urban greenway systems
r
must be sensibly created and carefully °
managed. Urban greenways can 4
provide multiple benefits at an
Mill Creek Canyon Greenway
11
Chapter 3 - Park Inventory & Classification
affordable price to a wide array of citizens.
Green Kent
Protecting natural areas in an urbanized area requires an active resource
management program to provide long-term environmental, recreational, and social
benefits.
Green Kent, an urban forest management program currently being developed, will
identify present conditions across approximately 2,000 acres of public land, and
determine the resources required to realize a 20-year strategic plan of action. The
long-term strategy will become the driving force to engage community groups and
build a network of support to achieve city-wide forest and natural area restoration
goals.
The following are Green Kent's goals:
1) Connect people to nature and improve the quality of life in Kent by restoring
urban forests and other urban open spaces;
2) Galvanize an informed, involved, and active community around urban forest
restoration and stewardship; and
3) Improve urban forest health, and enhance urban forest long-term
sustainability, by removing invasive plants and maintaining functional native
forest communities.
i
12
CITY OF KENT - Parks & Open Space Plan - 201.0
4. Goals and Policies
The following goals and policies express how our park and opens space system would
best develop over the coming years and details how we will take measurable steps
toward achieving the goals established below.
Overall Goal: Encourage and provide opportunities for local residents to participate in
life- enrichment activities via the development of parkland and recreational facilities,
preservation of environmentally sensitive areas, professional programming, and the
optimum utilization of community resources.
I. Park & Recreation Facilities Goals & Policies
Develop a high-quality, diversified recreational system for all abilities, ages and
interest groups.
Goal P&OS-1:
Work with other agencies to preserve and increase waterfront access and facilities.
Policy P&OS-1.1: Cooperate with King County, Kent, Federal Way and
Highline School Districts, and other public and private agencies to acquire and
preserve additional shoreline access for waterfront fishing, wading, swimming,
and other related recreational activities and pursuits; especially on the Green
River, Lake Fenwick, Clark Lake, Lake Meridian, and Panther Lake.
Policy P&OS-1.2: Develop a mixture of opportunities for watercraft access,
including canoe, kayak, sailboard, and other non power-boating activities;,
especially on the Green River, Lake Fenwick, Clark Lake, Lake Meridian, and
Panther Lake, where practicable.
Goal P&OS-2:
Work with other public agencies and private organizations, including but not limited to
the Kent and Federal Way School Districts, to develop a high-quality system of athletic
facilities for competitive play.
Policy P&OS-2.1: Develop athletic facilities that meet the highest quality
standards and requirements for competitive playing for all abilities, age groups,
skill levels, and recreational interests.
13
Chapter 4 - Goals & Policies
Policy P&OS-2.2: Develop field and court activities like soccer, football,
baseball, basketball, softball, tennis, roller hockey, and volleyball that provide
for the largest number of participants, and allow for multiple use, where
appropriate.
Policy P&OS-2.3: Develop, where appropriate, a select number of facilities
that provide the highest standard for competitive playing, possibly in
conjunction with King County, Kent and Federal Way School Districts, and other
public agencies and private organizations.
Goal P&OS-3:
Develop, maintain, and operate a high-quality system of indoor facilities that provide
activities and programs for the interests of all physical and mental capabilities, age,
and interest groups in the community.
Policy P&OS-3.1: Maintain and expand multiple-use indoor community
centers, such as the Senior Activity Center, and Kent Memorial Park Building,
that provide arts and crafts, music, video, classroom instruction, meeting
facilities, eating and health care, day care, and other spaces for all age groups,
including preschool, youth, teens, and seniors on a year-round basis.
Policy P&OS-3.2: Maintain and expand multiple-use indoor recreational
centers, such as Kent Commons and the Kent-Meridian Pool, that provide
aquatic, physical conditioning, gymnasiums, recreational courts, and other
athletic spaces for all abilities, age groups, skill levels, and community interests
on a year-round basis.
Policy P&OS-3.3: Support the continued development and diversification by
the Kent, Highline, and Federal Way School Districts of special meeting,
assembly, eating, health, and other community facilities that provide
opportunities to school-age populations and the community at large at
elementary, middle, and high schools within Kent and the Potential Annexation
Area.
Policy P&OS-3.4: Develop and operate special indoor and outdoor cultural
and performing arts facilities that enhance and expand music, dance, drama,
and other audience and participatory opportunities for the community at large.
14
_ CITY OF KENT - Parks & Open Space Plan - zoso
Goal P&OS-4:
Where appropriate, develop and operate specialized park and recreational enterprises
that meet the interest of populations who are able and willing to finance them.
Policy P&OS-4.1: Where appropriate and economically feasible (i.e., self-
supporting), develop and operate specialized and special interest recreational
facilities like golf, ice skating, frisbee golf, mountain biking and archery ranges.
Policy P&OS-4.2: Where appropriate, initiate with other public agencies and
private organizations joint planning and operating programs to determine and
provide for special activities like golf, archery, gun ranges, off-leash areas,
model airplane flying areas, frisbee gold, mountain biking and camping on a
regional basis.
Goal P&OS-5:
Develop and operate a balanced system of neighborhood and community parks, with
active and passive recreational opportunities throughout the City.
Policy P&OS-5.1: Acquire and develop parks to meet the level-of-service
needs as Kent's population grows and areas are annexed.
Policy P&OS-5.2: Identify neighborhoods bordered by arterial streets and
geographic features that act as natural barriers. Set aside neighborhood park
land within each area to meet the levels-of-service.
Policy P&OS-5.3: Develop amenities in parks for individual and group use,
active and passive uses, while representing the best interests of the
neighborhood or community as a whole.
Policy P&OS-5.4: Encourage new single-family and multifamily residential,
and commercial developments to provide recreation elements.
II. Open Space and Greenway Goals & Policies
Develop of a high-quality, diversified and interconnected park system that preserves
and sensitively enhances significant open spaces, greenways and urban forests. The
establishment of greenways as urban separators is a strategy that promotes
connectivity of Kent's open space system.
15
Chapter 4 - Goals & Policies
Goal P&OS-6:
Establish an open space pattern that will provide definition of and separation between
developed areas, and provide open space and greenway linkages among park and
recreational resources.
Policy P&OS-6.1: Define and conserve a system of open space and greenway
corridors as urban separators to provide definition between natural areas and
urban land uses within the Kent area.
Policy P&OS-6.2: Increase linkages of trails, in-street bikes lanes, or other
existing or planned connections with greenways and open space, particularly
along the Green River, Mill Creek, Garrison Creek, and Soos Creek corridors; t
around Lake Fenwick, Clark Lake, Lake Meridian, Panther Lake, and Lake
Young; and around significant wetland and floodways such as the Green River
Natural Resource Area (GRNRA).
Policy P&OS-6.3: Preserve, through acquisition as necessary,
environmentally sensitive areas as greenway linkages and urban separators,
particularly along the steep hillsides that define both sides of the Green River
Valley and the SE 2771h/272nd Street corridor.
Goal P&OS-7:
Identify and protect significant recreational lands before they are lost to development.
Policy P&OS-7.1: Cooperate with other public and private agencies and with
private landowners to protect land and resources near residential
neighborhoods for high-quality, low impact park and recreational facilities
before the most suitable sites are lost to development. Suitable sites include
wooded, undeveloped, and sensitive lands along the Green River, Soos Creek,
Garrison Creek, and Mill Creek Canyon corridors, and lands adjacent to the
Bonneville Power Administration (BPA) power line rights-of-way.
Policy P&OS-7.2: In future land developments, preserve unique
environmental features or areas, and increase public use of and access to these
areas. Cooperate with other public and private agencies and with private
landowners to protect unique features or areas as low impact publicly
accessible resources, particularly along the Green River, Soos Creek, Garrison
Creek, Mill Canyon, and SE 2771h/272nd Street corridors.
16
CITY of KENT - Parks & Open Space Plan - 2010
III. Trail and Corridor System Goals & Policies
Develop a high-quality system of multipurpose park trails and corridors that provide
access to significant environmental features, public facilities, and developed
neighborhoods and business districts.
Goal P&OS-8:
Create a comprehensive system of multipurpose off-road and on-road trail systems
that link park and recreational resources with residential areas, public facilities,
commercial, and employment centers both within Kent and within the region.
Policy P&OS-8.1: Where appropriate, create a comprehensive system of
multipurpose off-road trails using alignments of the Puget Power rights-of-way,
Soos Creek Trail, Mill Creek Trail, Lake Fenwick Trail, Green River Trail,
Interurban Trail, Parkside Wetlands Trail, and Green River Natural Resource
Area (GRNRA).
Policy P&OS-8.2: Create a comprehensive system of on-road trails to
improve connectivity for the bicycle commuter, recreational, and touring
enthusiasts using scenic, collector, and local road rights-of-way and alignments.
Policy P&OS-8.3: Provide connections from residential neighborhoods to
community facilities like Kent Commons, the Senior Activity Center, the Kent-
Meridian Pool, schools, parks, and commercial districts.
Policy P&OS-8.4: Work with Renton, Auburn, Tukwila, Federal Way, Des
Moines, Covington, King County, and other appropriate jurisdictions to link and
extend Kent trails to other community and regional trail facilities like the Green
River, Interurban, and Soos Creek Trails.
Policy P&OS-8.5: With proposed vacation of right-of-way and street
improvement plans, consider potential connectivity with existing or proposed
trail corridors, parks, and neighborhoods.
Policy P&OS-8.6: Link trails with elementary and middle schools, the
downtown core, and other commercial and retail activity centers on East and
West Hills.
17
Chapter 4 - Goals & Policies
Policy P&OS-8.7: Extend trails through natural area corridors like the Green
River, Mill Creek, Garrison Creek, and Soos Creek, and around natural features
like Lake Fenwick, Clark Lake, Lake Meridian and Panther Lake in order to
provide a high-quality, diverse sampling of the Kent's environmental resources.
Policy P&OS 8.8: Revise development regulations so that key trail links, that
are identified within the corridor map, are provided to the City during the
development approval process..
Goal P&OS-9:
Furnish trail corridors, trailheads, and other supporting sites with convenient
amenities and improvements.
Policy P&OS-9.1: Furnish trail systems with appropriate trailhead supporting
improvements that include interpretive and directory signage, rest stops,
drinking fountains, restrooms, parking and loading areas, water, and other
services.
Policy P&OS-9.2: Where appropriate, locate trailheads at or in conjunction
with park sites, schools, and other community facilities to increase local area
access to the trail system and to reduce duplication of supporting
improvements and amenities.
and develop trail improvements which emphasize
Policy P&OS 9.3: Designp p p
safety for users and are easy to maintain and easy to access by maintenance,
security, and other appropriate personnel, equipment, and vehicles.
IV. Historic and Cultural Resources Goals & Policies
Develop a high-quality, diversified park system that includes preservation of
significant historic and cultural resources, as well as programs to recognize the City's
multicultural heritage.
Goal P&OS-10:
Preserve, enhance, and incorporate historic and cultural resources and multicultural
interests into the park and recreational system.
18
I
CITY of KENT - Parks & Open Space Plan - 2010
Policy P&OS-10.1: Identify, preserve, and enhance Kent's multicultural
heritage, traditions, and cultural resources including historic sites, buildings,
artwork, views, monuments and archaeological resources.
Policy P&OS-10.2: Identify and incorporate significant historic and cultural
resource lands, sites, artifacts, and facilities into the park system to preserve
these interests and to provide a balanced social experience. These areas
include the original alignment for the interurban electric rail service between
Seattle and Tacoma, the James Street historical waterfront site, and the
Downtown train depot, among others.
Policy P&OS-10.3: Work with the Kent Historical Society and other cultural
resource groups to incorporate community activities at historic homes and sites
into the park and recreational program.
Goal P&OS-11:
Incorporate man-made environments and features into the park and recreational
system.
Policy P&OS-11.1: Incorporate interesting, man-made environments,
structures, activities, and areas into the park system to preserve these features
and to provide a balanced park and recreational experience. Examples include
the earthworks in Mill Creek Canyon Park and art in public places.
Policy P&OS-11.2: Work with property and facility owners to increase public
access to and utilization of these special features.
V. Cultural Arts Programs and Resources Goals & Policies
Develop high-quality, diversified cultural arts facilities and programs that increase
community awareness, attendance, and other opportunities for participation.
Goal P&OS-12:
Work with the arts community to utilize local resources and talents to increase public
access to artwork and programs.
Policy P&OS-12.1: Support successful collaborations among the Arts
Commission, business community, service groups, cultural organizations,
19
Chapter 4 - Goals & Policies
schools, arts patrons, and artists to utilize artistic resources and talents to the
optimum degree possible.
Policy P&OS-12.2: Develop strategies that will support and assist local artists
and art organizations. Where appropriate, develop and support policies and fi
programs that encourage or provide incentives to attract and retain artists and
artwork within the Kent community.
Goal P&OS-13:
Acquire and display public artwork to furnish public facilities and other areas and
thereby increase public access and appreciation.
Policy P&OS-13.1: Acquire public artwork including paintings, sculptures,
exhibits, and other media for indoor and outdoor display in order to expand
access by residents and to furnish public places in an appropriate manner.
Policy P&OS-13.2: Develop strategies that will support capital and operations
funding for public artwork within parks and facilities.
VI. Wildlife and Natural Preservation Goals & Policies
Incorporate and preserve unique ecological features and resources into the park
system in order to protect threatened plant and animal species, preserve habitat, and
retain migration corridors for local wildlife. Such incorporation is intended to limit
habitat degradation associated with human activities.
Goal P&OS-14:
Designate critical wildlife habitat resources and areas.
Policy P&OS-14.1: Identify and conserve critical wildlife habitat including
nesting sites, foraging areas, and wildlife mitigation corridors within or
adjacent to natural areas, open spaces, and developed urban areas.
Policy P&OS-14.2: Acquire and preserve habitat sites that support
threatened species and urban wildlife habitat, in priority corridors and natural
areas with habitat value such as the Green River Corridor, the Green River
Natural Resources Area (GRNRA), North Meridian Park, Soos Creek, Mill Creek,
and Clark Lake Park.
20
Z
CITY of KENT - Parks & Open Space Plan - 201.0
Policy P&OS-14.3: Enhance habitat within parks, open space, and
environmentally sensitive areas by maintaining a healthy urban forest with
native vegetation that provides food, cover, shelter, and by utilizing best
management practices.
Goal P&OS-15:
Preserve and provide access to significant environmental features, where such access
does not cause harm to the environmental functions associated with the features.
Policy P&OS-15.1: Preserve and protect significant environmental features
including environmentally sensitive areas such as wetlands, open spaces,
woodlands, shorelines, waterfronts, and other features that support wildlife and
reflect Kent's natural heritage.
Policy P&OS-15.2: Acquire, and where appropriate, provide limited public
access to environmentally sensitive areas and sites that are especially unique
to the Kent area, such as the Green River, Soos Creek, Garrison Creek and Mill
Creek corridors, the Green River Natural Resource Area (GRNRA), and the
shorelines of Lake Meridian, Panther Lake, Lake Fenwick, and Clark Lake.
iGoal P&OS-16: Develop and maintain an Urban Forestry Management Program.
Policy P&OS-16.1 Connect people to nature and improve the quality of life in
Kent by restoring urban forests and other urban open spaces.
Policy P&OS-16.2 Galvanize the community around urban forest restoration
and stewardship through a volunteer restoration program.
Policy P&OS-16.3 Improve urban forest health, and enhance urban forest
long-term sustainability, by removing invasive plants and maintaining
functional native forest communities.
VII. Design and Access Goals & Policies
Design and develop facilities that are accessible, safe, and easy to maintain, with life-
cycle features that account for long-term costs and benefits.
Goal P&OS-17:
21
Chapter 4 - Goals & Policies
Design park and recreational indoor and outdoor facilities to be accessible to all
physical capabilities, skill levels, age groups, income levels, and activity interests.
Policy P&OS-17.1: Design outdoor picnic areas, fields, courts, playgrounds,
trails, parking lots, restrooms, and other active and supporting facilities to be
accessible to individuals and organized groups of all physical capabilities, skill
levels, age groups, income levels, and activity interests.
Policy P&OS-17.2: Design indoor facility spaces, activity rooms, restrooms,
hallways, parking lots, and other active and supporting spaces and
improvements to be accessible to individuals and organized groups of all
physical capabilities, skill levels, age groups, income levels, and activity
interests.
Goal P&OS-18:
Design and develop park and recreational facilities to be of low-maintenance
materials.
Policy P&OS-18.1: Design and develop facilities that are of low-maintenance
and high-capacity design to reduce overall facility maintenance and operation
requirements and costs.
Policy P&OS-18.2: Where appropriate, use low-maintenance materials,
settings, or other value-engineering considerations that reduce care and
security requirements, while retaining the natural conditions and environment.
Policy P&OS-18.3: Where possible in landscaping parks, encourage the use
of low maintenance native plants.
Goal P&OS-19:
Identify and implement the security and safety provisions of the American Disabilities
Act (ADA), Crime Prevention through Environmental Design (CPTED), and other
standards.
Policy P&OS-19.1: Implement the provisions and requirements of the
American Disabilities Act (ADA), Crime Prevention through Environmental
Design (CPTED), and other design and development standards that will
22
CITY of KENT - Parks & Open Space Plan - zolo
improve park safety and security features for users, department personnel, and
the public at large.
Policy P&OS-19.2: Develop and implement safety standards, procedures,
and programs that will provide proper training and awareness for department
personnel.
1 Policy P&OS-19.3: Define and enforce rules and regulations concerning park
activities and operations that will protect user groups, department personnel,
and the public at large.
Policy P&OS-19.4: Where appropriate, use adopt-a-park programs,
neighborhood park watches, and other innovative programs that will increase
safety and security awareness and visibility.
VIII. Fiscal Coordination Goals & Policies
Create effective and efficient methods of acquiring, developing, operating, and
maintaining facilities and programs that distribute costs and benefits to public and
private interests.
Goal P&OS-20:
Investigate innovative methods of financing park and recreational requirements,
including joint ventures with other public agencies and private organizations, and
private donations.
Policy P&OS-20.1: Investigate innovative, available methods, such as growth
impact fees, land set-a-side or fee-in-lieu-of-donation ordinances, and
interlocal agreements, to finance facility development, maintenance, and
operating needs in order to reduce costs, retain financial flexibility, match user
benefits and interests, and increase facility services.
Policy P&OS-20.2: Where feasible and desirable, consider joint ventures with
King County, Kent, Highline, and Federal Way School Districts, regional, state,
federal, and other public agencies and private organizations, including for-profit
concessionaires to acquire and develop regional facilities (i.e., swimming pool,
off-leash park, etc.).
23
chapter 4 - Goals & Policies
Policy P&OS-20.3: Maintain and support a Park Foundation to investigate
grants and private funds, develop a planned giving program and solicit private
donations to finance facility development, acquisition, maintenance, programs,
services, and operating needs.
Goal P&OS-21:
Coordinate public and private resources to create among agencies a balanced local
park and recreational system.
Policy P&OS-21.1: Create a comprehensive, balanced park and recreational
system that integrates Kent facilities and services with resources available from
King County, Kent and Federal Way School Districts, and other state, federal,
and private park and recreational lands and facilities, in a manner that will best
serve and provide for the interests of area residents.
Policy P&OS-21.2: Cooperate, via joint planning and development efforts,
with King County, Kent and Federal Way School Districts, and other public and
private agencies to avoid duplication, improve facility quality and availability,
reduce costs, and represent interests of area residents.
Goal P&OS-22:
Create and institute a method of cost/benefit and performance measure assessment
to determine equitable park and recreation costs, levels of service, and provision of
facilities.
Policy P&OS-22.1: In order to effectively plan and program park and
recreational needs within the existing city limits and the potential annexation j
area, define existing and proposed land and facility levels-of-service (LOS) that
differentiate requirements due to the impacts of population growth as opposed
to improvements to existing facilities, neighborhood as opposed to community
nexus of benefit, requirements in the City as opposed to requirements in the
Potential Annexation Area.
Policy P&OS-22.2: Create effective and efficient methods of acquiring,
developing, operating, and maintaining park and recreational facilities in
manners that accurately distribute costs and benefits to public and private user
interests. This includes the application of growth impact fees where new
developments impact level-of-service (LOS) standards.
24
CITY of KENT - Parks & Open Space Plan - 2010
Policy P&OS-22.3: Develop and operate lifetime recreational programs that
serve the broadest needs of the population and that recover program and
operating costs using a combination of registration fees, user fees, grants,
sponsorships, donations, scholarships, volunteer efforts, and the use of general
funds.
j
1
1
t
1
1
t
1
25
Chapter s - Needs Analysis
S. Needs Analysis
Level of Service (LOS)
Under the Growth Management Act (GMA), communities are responsible for
providing public facilities without decreasing levels of service below locally
established minimums (RCW 36.70A.020(12)). Measuring the adequacy of our
Parks and Open Spaces requires an established set of standards. Level of service
(LOS) standards are measures of the amount of a public facility which must be
provided to meet the community's basic needs and expectations. The GMA allows
communities flexibility in establishing level of service standards that meet local
needs and expectations.
Over the past 30 years, the National Recreation and Park Association (NRPA) has
developed guidelines and standards for parks, recreation and open space. NRPA
first published guidelines in 1971 and revised them in 1983 through the Recreation,
Park, and Open Space Standards and Guidelines, to serve as a basis for developing
standards at the community level. The NRPA no longer recommends a standard for
facility and parkland based on population ratios; however the NRPA recommends
that since every community is different, standards should be developed by the
community and used as a guide in planning.
The former NRPA guidelines are used throughout the United States, and Kent's
1994 Comprehensive Park and Recreation Plan level of service standards were
developed with these standards, which represent the minimum for which a
community should strive. The level of service standards established in the 1994
Comprehensive Park and Recreation Plan and adopted by City Council remains an
appropriate guideline today, however with the changing demographics of Kent; the
City may want to consider establishing new standards or supplemental measures in
future years.
Future demand for park and recreation facilities is based on comparing projected
populations with Kent's park and recreation standards. Park and recreation needs
are related directly to the characteristics of a city's population. The City's
population is projected to increase to 105,445 (or 132,833 including all potential
annexation areas) by year 2031. Table 1 shows Kent's level of service from 1993- i
2003. Table 2 shows Kent's level of service for the year 2009 and projections for
the year 2031. Table 2 is based on a reorganized park and open space inventory
that more accurately classifies parkland based on current use and investment
(developed/undeveloped/athletic facilities/natural resource). While the park and
open spaces are broken down differently in the two tables, the overall LOS numbers
are comparable and show a steady decline in the number of acres per 1000 people
and square feet per person as the population increases.
26
CITY of KENT - Parks & Open Space Plan - 2010
Table 1: LOS 1993-2003
1993 1996 1998 2000 2003""
Population 411000 45,000 70,140 79,524 841275
Neighborhood Parks 2.53 ac. 1.58 ac. 1.56 ac. 1.45 ac. 1.13 ac.
13.72
Community Parks 18.19 ac. 18.4 ac. 14 ac. ac. 14.85 ac.
Golf Course (holes/1000) 0.56 0.6 0.38 0.38 0.32
Recreation Facilities (sq.
feet/person) 2.33 2.12 1.36 1.2 1.13
Overall LOS (acres/1000) 20.72 19.98 15.56 15.17 15.98
Overall LOS (sq. ft./person) 2.33 2.12 1.36 1.2 1.13
Table 2: LOS 2009 & 2031
2009 2031
Population 88,380 105,445
Natural Resource 9.2 ac. 7.5 ac.
0.92
Neighborhood Parks ac. .77 ac.
1.27
Community Parks ac. 1.06 ac.
Recreation Facilities
Indoor (sq.
ft/ erson) 1.86 1.56
Outdoor
acres/1000 2.8 2.4
1.05
Undeveloped ac.
0.88 ac.
Overall LOS acres/1000 15.24 12.61
Overall LOS
s .ft./ erson 1.86 1.56
In order to maintain the current level of service of 15.24 acres per 1000 people, the
following amounts of additional parkland would need to be acquired:
27
r
Chapter s - Needs Analysis
S
260 acres - 2031 pop of 105,445
677 acres - 2031 pop of 132,833 (includes potential annexation areas)
It is important to note that level of service standards are typically quantitative,
measuring the size, amount or capacity of a facility. These standards represent
only one measure of a successful park system and do not address the quality or
investment in each facility. Future LOS standards that include both qualitative and
quantitative measures may more fully capture how Kent's parks and open spaces
are meeting the community's needs.
Neighborhood Service Areas
Another tool used to determine what and where improvements need to be made is
with the use of our Neighborhood Service Area Map. The City is divided into 48
neighborhood service areas that are bounded by major arterial streets, geographic
features (steep topography, rivers etc.), and other barriers that would make it
difficult for users to reach the designated park for each area. This method breaks
the city into smaller service areas where parks facilities may easily serve a specific
neighborhood. The goal of this is that residents are able to easily access a park in
their neighborhood.
j IegrnA
17-1 borhooa Pak Service Areas
,r I�Potenon 4nne,aom Arch
5 b 9 - 4 y '� ••t JCc/Lirrns _f
a .. ..
S
II ��
20 17 1 W
"vat
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31 1#1
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41 c 6)
While 16 of the areas are served by a neighborhood park, five neighborhoods are
served by community parks (Van Doren's Landing Park, Kent Memorial Park, Lake
Meridian Park, Clark Lake Park, and Russell Road Park) that have elements typically
28
CITY OF KENT - Parks & Open Space Plan - 2010
found in a neighborhood park. Four neighborhoods have undeveloped or minimally
developed community parks (132"d Street Park, Midway Reservoir, Eagle Creek,
and Valley Floor Community Park), which will service neighborhood needs when
fully developed. Five neighborhood service areas are primarily industrial and no
neighborhood parks are proposed in these areas. Two service areas are low density
residential with agricultural or industrial land uses and no designated neighborhood
park. These areas have a combined population of 156 people (2000 Census) and
will be monitored for future park needs. Four service areas have no park space
(NSA #11, 21, 30, 41).
Within the Panther Lake annexation area, three service areas have either no park
land or the parks serving the areas are deficient. The remaining service area,
located entirely within the Panther Lake annexation area, is served by a community
park.
iDemographics
Considerable growth and large annexations over the past 20 years has significantly
increased Kent's population and the number of people our parks serve. Families
make up the majority of households Kent with more seniors and children than ever
before. Kent is also rapidly becoming more diverse, with many different cultures
represented in the City. As our community becomes more diverse, as it ages and
families grow, the needs of the community in terms of parks and open space,
change. Not only have the need for park and open spaces increased with the
population, future park investments need to also consider the increasingly diverse
population and the growing numbers of seniors and children.
Public Participation
The building of a city's parks and open spaces is largely directed by community
values, priorities, and resources. Kent has worked with the community in an
ongoing dialogue in order to gauge residents' parks and open space values. Over
the years we have relied upon surveys, workshops, questionnaires and consultation
with the Parks and Human Services Committee. Feedback has been valuable in
setting priorities and allocating resources.
An informal survey was taken during the spring of 2009, preceding the park plan
update, in order to obtain the community's ideas and opinions about the existing
parks system, deficiencies, and priorities for the coming years. While the survey
was not geographically representative or scientific, it is helpful to use the survey
responses as a general guide. Respondents rated trails, open space and natural
areas as extremely important followed by major parks and small neighborhood
parks. Park security and maintenance was also noted as a top priority in the
coming years.
29
Chapters - Needs Analysis
In addition to the survey, a public workshop was held in September 2009 to further
refine the areas of focus in the Park Plan and supplement the comments received
through the survey. Participants commented on the need to maintain our existing
facilities and to make use of under utilized areas. Participants expressed a desire
for better connectivity between parks and throughout the City. A detailed
description of the survey, public workshop and other efforts to solicit public input
can be found in Appendix A.
In order to address the community's parks and open space needs, short- and long-
term implementation priorities and funding options are discussed in the following
chapter.
Regional Coordination
There are some needs that warrant a regional approach to meeting demand for
specific types of parks. The trail systems (Green River & Interurban) in Kent
require extensive coordination with King County and neighboring jurisdictions due
to our combined interest in providing an interconnected trail system that functions
as one parks facility for people throughout the region.
The need for a dog park serving the east hill of Kent, Covington and unincorporated
King County is another area where a regional solution would best serve parks
users. A regional dog park would allow resources to be pooled and prevent
duplication in services where one larger facility may more effectively meet the need ,
of several jurisdictions.
Urban forest restoration is another area that would benefit from intergovernmental
coordination. As Kent embarks on creating an urban forest management plan,
coordination with other jurisdictions who are also implementing urban forestry
programs will provide us a greater understanding of how plans have functioned in
other areas.
Kent will continue to explore other areas where regional coordination may better
serve the residents of our City and users throughout the region.
30
CITY OF KENT - Parks & Open Space Plan - 2010
6. Implementation
Overview
1 The following recommendations for implementing the Park Plan focus on parks
acquisition, development and redevelopment. Implementing the recommendations
contained in this Plan will depend on both opportunity and funding availability. As
' competing demands escalate for increasingly limited City resources, creative
solutions are needed to fund park-related projects. Realization of the Park Plan will
take time and will require a sound and realistic financing strategy.
This section establishes both short- and long-term priorities. The long-term
program described in this section addresses what is needed to build upon our
established parks and open space system over the next 20 years. The short-term
program defines more immediate needs over the next 10 years. The challenge for
Kent in the short term will be finding a balance between focusing on immediate
needs and remaining flexible to take advantage of unique opportunities of great
long-term benefit.
To achieve long-term priorities, it is important to continue to acquire key parcels
during the next 10 years. The ability to realize our long range plans for our parks
and open spaces require an ongoing effort to obtain property for community and
neighborhood parks in the short term. The rate of acquisition however, may be
slower than in past years due to a pressing need for redevelopment and renovation
of existing parks.
Development and redevelopment are equally important to provide citizens a variety
of recreation opportunities. Redevelopment of existing park facilities and
development of new facilities must be balanced in a way that maintains our existing
investments while also providing new opportunities and facilities to meet demand
and changing needs. Renovation of facilities plays a role in ensuring a safe,
1 functional and well-maintained park system.
Core Themes
The Parks Department proposes to focus attention on four major core themes in
order to meet the short- and long-term needs of the community.
t1. Kent's Legacy - Preserving Kent's Park System: Over the past several
decades, Kent has developed an established network of parks, open spaces
and recreation facilities totaling more than 1,300 acres. A key component of
the Park Plan is to recognize and re-invest in our existing facilities. As
expressed in our park survey, security and maintenance ranked as a top
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Chapter 6 - Implementation
i
priority for park users. Continued maintenance and re-investment will
ensure that existing facilities continue to provide recreational benefits for
years to come.
2. Athletic Fields - A New Approach: In order to meet the needs of organized
sports, the Park Plan introduces a shift in how athletic fields are developed,
from traditional single use facilities within separate spaces, to multi-use ,
facilities that take advantage of technology and partnerships in order to
maximize space. This approach would provide facilities that accommodate a
wide array of organized sports, which recognizes Kent's diverse culture. This
shift also recognizes that easily developable land is much more expensive
and increasingly difficult to find in an urbanizing city. Creative solutions to
providing sports fields for year-round use will be an important element of the
Plan's implementation.
3. Green Kent - Managing Our Urban Forest: Green Kent, an urban forest
management program currently being developed in partnership with the
Cascade Land Conservancy, seeks to protect and maintain all Parks and
Public Works owned urban forest and natural areas. These areas provide
many benefits to our park users and citizens, by providing a contrast to
urban density, creating links between parks and other areas of interest as
well as providing habitat and environmental benefits. Stewarding Kent's
urban forest will ensure the long- term health of these areas so that they
may provide benefits for generations to come.
4. Connectivity - A Vision for Trail & Greenway Corridors: Kent's park system,
which is built on a suburban grid, can become better connected through the
use of trails, greenways, and existing recreational corridors. The Park Plan
seeks to emphasize connectivity between parks, schools, neighborhoods and
other areas of public interest to create easy access to the outdoors and
recreation. A connected system becomes a part of the community fabric,
weaving together elements of our daily lives.
Kent is lucky to have several existing corridors which are either substantially
connected or have the potential to make important connections across the
City. The Green River Trail follows the meandering Green River along the
west side of the City and provides links to the downtown core. The
Interurban Trail, which follows the Union Pacific Railroad, provides a major
non-motorized north-south corridor through the central valley of Kent and
extends to Kent's surrounding communities of Tukwila and Auburn, serving
32
CITY OF KENT - Parks & Open Space Plan - 201.0
as a regional connection. A third north-south corridor is located on the
eastern limits of the city. The Soos Creek Trail provides 9.5 miles along Soos
Creek on the east hill. This trail has the potential to connect further to the
north and south. An underutilized corridor, Mill Creek Canyon, stretches
from Earthworks Park up the east hill. This corridor provides a valuable
connection from the valley to the east hill of Kent, where connections are
difficult to make outside of existing right-of-way due to grades and existing
development.
The future corridor map shows potential east-west connections which would
further connect our system. While they are conceptual in nature, they
provide a visual example of a corridor system, where significant areas of
interest are linked and easily accessible to our users. Connectivity is a City-
wide goal and has been discussed in other plans, such as the Transportation
Master Plan.
The next step for furthering the vision of connectivity is to establish a trails,
bikeways and paths plan that evaluates how best to build on our existing trail
system and move toward a connected system. A trails, bikeways and paths
plan would examine current resources, potential corridor routes, and specify
future projects needed to achieve connectivity.
Long Term Capital Recommendations (2010-2030)
Over the past several decades Kent's park system has grown and developed to
include an impressive collection of parks and open spaces totaling over 1,300 acres
in size. Strategic investments over time have allowed Kent to develop a fantastic
legacy, with much to be proud of. The City's existing parks and open spaces have
developed on a suburban grid, and as the size and population of Kent increases, the
makeup of the community is becoming more dense and urban in nature.
This Plan sets the stage to build upon Kent's legacy in order to best serve a more
urban and diverse community. It will require finding the right balance, in the
allocation of our limited resources, between current development/redevelopment
efforts and acquiring land for future development. Our success will depend on
carefully defining and articulating a clear vision, maintaining community support
and crafting a realistic funding package.
Re-investing in and renovating our existing parks, completing property
assemblages for key community parks, creating a multimodal system of greenway
corridors and trails, and addressing the need for athletic fields and recreation
facilities are all important steps in building upon Kent's legacy. The goal for our
33
Chapter 6 - Implementation ,
parks system in the next 20 years is to take care of existing assets while at the
same time building a system that creatively meets the needs of an urbanizing city.
The following recommendations address the components needed to create the
envisioned park system in the next 20 years. Many of the recommendations are
proposed for action over the next 10 years, and are, therefore, also found in the
short-term recommendations that follow this section.
Acquisitions
Neighborhood & Community Parks
• East Hill/Morrill Meadows Park
• Panther Lake Annexation Area Acquisitions
• Naden Avenue Property Assemblage
• Lake Meridian Park - Acquisition for additional parking
Natural Resource/Open Space/Greenways/Trails
• Clark Lake Park Property Assemblage
• Green River Corridor - Missing links
• Greenway Connections/Linear Parks
• Trail/Bike/Pathway Easements
Recreation Facilities
• Wilson Playfields Expansion
• Valley Floor Athletic Opportunities
Development/Redevelopment
Neighborhood & Community Parks
• Off-Leash Dog Park(s) on East Hill
• West Hill Neighborhood Park
• 132"d Street Neighborhood Park ■
• West Fenwick Park - Phase II Renovation
• Van Doren's Landing Park - Renovation
• Lake Meridian Park - Play Area Expansion & Dock Replacement
• Springwood Park - Renovation
• Tudor Square Park - Renovation
• Eastridge Park - Neighborhood Park Renovation
• Meridian Glen Park - Neighborhood Park Renovation
• Pine Tree Park - Master Plan Phase I Development
• Russell Woods Park - Renovation
• Seven Oaks Park - Neighborhood Park Renovation
34
CITY OF KENT - Parks & Open Space Plan - 201.0
• Old Fishing Hole - Master Plan, Phased Renovation
• Garrison Creek Park - Renovation
Briscoe Park - Master Plan, Phased Renovation
• Kiwanis Tot Lot #3 - Neighborhood Park Renovation
• Salt Air Vista Park - Master Plan & Phased Renovation
• Scenic Hill Park - Master Plan & Phased Renovation
• Panther Lake Annexation Area Community Park
Downtown Parks - Renovation
• Eagle Creek Park
Riverview Park
• Lake Meridian Park - Parking, Drainage, Master Plan
• East Hill/Morrill Meadows Park Redevelopment
• Commons Park - Master Plan
Natural Resource/Open Space/Greenways/Trails
• Clark Lake Park - Restoration Work, Phase I
• Mill Creek Greenway Phase I - Trail development
• Lake Fenwick Park - Restoration & Dock Replacement
• West Fenwick Park/Lake Fenwick - Greenway Trail Development
• Green Kent Partnership - Master Plan, Restoration
• Trails, Bikeways and Paths Plan
• Panther Lake Water Access Park
• Clark Lake Park - Future Phases, Retreat/Environmental Ed. Center
• Mill Creek Greenway Phase II
• Greenway Trails & Connections
• Green River Corridor - Trail Renovation & Enhancements
• Mountain Biking Trails
Recreation Facilities
• Community Sports Fields - Lighted Synthetic Turf Facilities partnered with
Kent School District
• Kent Memorial Park - Master Plan, Phased Renovation
• Russell Road Park - Phased Renovation for Multi Use Capacity
j • Aquatic Center
• Service Club Park - Trails, Additional Phase
• Valley Floor Athletic Complex
• Aquatic Center
• Wilson Playfields -Play Structure, Additional Parking/Support Facilities
• Community Centers/Community Buildings - Potential East & West Hill
Facilities
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Chapter 6 - Implementation
Short Term Capital Recommendations (2010-2020)
The challenge over the next 10 years will be to balance the need to re-invest in
existing parks while taking advantage of unique opportunities as they arise. As
financing becomes increasingly difficult, wise choices in how we invest in our
system cannot be understated. With this in mind, the short-term recommendations
have been separated into acquisition and development/redevelopment categories.
Analysis of neighborhood and community parks shows a great need to re-invest in
our existing parks. There is an immediate need to redevelop and renovate existing
facilities where improvements are beginning to show their age and/or where parks
are due for master planning in order to determine how they may better serve the
changing community. Given this need, acquisition and development projects will be
secondary to the redevelopment and renovation of existing facilities in the
immediate short term (3-4 years). The recommendations listed below include
those parks with the greatest need for reinvestment. Maintaining Kent's legacy
depends on making renovation and redevelopment efforts such as these an ongoing
priority, particularly in the next 10 years.
While acquisition and development are secondary to reinvestment, a few key
development projects and acquisitions will help address specific needs. The first, a
dog park located on the East Hill, will provide a much needed amenity as expressed
in our park survey. The development of West Hill and 132nd Street Neighborhood
Parks will provide parks amenities for two neighborhoods which currently lack
neighborhood park space. Completion of key property acquisitions will help to
further the development of Clark Lake Park and East Hill/Morrill Meadows Park.
Acquisition within the Panther Lake Annexation Area will provide much-needed park
space for an area that is currently underserved.
Furthering connectivity within and between parks and activity areas via a unified t
greenway and trail system is another key component of the vision expressed in this
Park Plan and our short-term recommendations. Greenways provide a contrast to
urban density. They combine the natural functions and separations provided by a
greenbelt with the linear and connected orientation of a parkway, providing
practical connections from individual neighborhoods to various parts of the City.
Kent is lucky to have established north- south greenways and opportunities for
potential east-west greenways and trail connections. Making use of the
underutilized Mill Creek Greenway through trail development and acquiring missing
connections within the Green River Greenway are two specific areas the greenway
system can be developed in the short term.
36
CITY OF KENT - Parks & Open Space Plan - 2010
Kent's trail system enhances passive recreation opportunities and provides
I connections to our downtown, employers in the valley and our neighboring cities.
There is opportunity for our existing system to be expanded to provide additional
ways for residents to connect to parks and other points of interest. A future Trails,
Bikeways and Paths Plan will examine the opportunities in greater detail. It is
recommended that the City initiate a coordinated planning effort that includes both
on and off right-of-way connectivity.
Providing multi-use athletic fields is another priority expressed within the short-
term recommendations. The expense associated with purchasing raw land and
developing new complexes underscores the need to be creative in how our existing
athletic fields are redeveloped so that they can provide maximum benefit to users.
Taking advantage of potential partnerships and available technology will also
maximize space and investment.
Development of a new aquatic facility to replace the aging Kent Meridian Pool
remains a short term goal. Given the relatively high capital cost of this project, a
partnered approach with public, private and/or non-profit agencies will likely be
required to build and operate this facility.
The following list of projects should be given priority in the short term. This list is
intended to serve as a blueprint for action and to be utilized as a tool to develop the
Parks CIP. Circumstances will influence which and how many of these
recommendations can be accomplished in the anticipated timeframe.
lAcquisitions
Neighborhood & Community Parks
• East Hill Park Expansion
• Panther Lake Annexation Area Acquisitions
• Naden Avenue Property Assemblage
Natural Resource/Open Space/Greenway/Trails
• Clark Lake Park Property Assemblage
• Green River Corridor — Missing Links
Development/Redevelopment
Neighborhood & Community Parks
• Off-Leash Dog Park(s) on East Hill
West Hill Neighborhood Park
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Chapter- 6 - Implementation
• 132"d Street Neighborhood Park
• West Fenwick Park - Phase II Renovation ,
• Van Doren's Landing Park - Renovation
• Lake Meridian Park - Play Area Expansion and Dock Replacement
• Springwood Park - Renovation
• Tudor Square - Renovation
Eastridge Park - Neighborhood Park Renovation
• Meridian Glen Park - Neighborhood Park Renovation
• Pine Tree Park - Master Plan Phase I Development
Russell Woods Park - Renovation
• Seven Oaks Park - Neighborhood Park Renovation
• Old Fishing Hole - Master Plan, Phased Renovation
• Garrison Creek Park - Renovation
• Briscoe Park - Master Plan, Phased Renovation
• Kiwanis Tot Lot #3 - Neighborhood Park Renovation
• Salt Air Vista Park - Master Plan & Phased Renovation
Scenic Hill Park - Master Plan & Phased Renovation
Natural Resource/Open Space/Greenway/Trails
• Clarke Lake Park - Restoration Work, Phase I
• Mill Creek Greenway Phase I - Trail development
• Lake Fenwick Park - Restoration & Dock Replacement
West Fenwick Park/Lake Fenwick - Greenway Trail Development
• Green Kent Partnership - Master Plan, Restoration
• Trails, Bikeways and Paths Plan
Recreation Facilities
• Community Sports Fields - Lighted synthetic turf facilities partnered with
Kent School District
• Kent Memorial Park - Master Plan, Phased Renovation
• Russell Road Park - Phased Renovation for Multi Use Capacity
• Aquatic Center
Financing
Achieving both the short- and long-term recommendations will require the
community's commitment and a willingness to explore innovative solutions.
38
CITY OF KENT - Parks & Open Space Plan - 2010
Funding for Parks capital projects has typically come from two sources;
councilmanic bonds and Real Estate Excise Tax (REET). Over the past five years,
REET revenues have decreased by 25 percent. Continued economic slowdown will
limit available funding for the next several years, so the City must look for
alternative means of financing capital projects if it wants to implement the Park and
Open Space Plan. It should be noted that the recommendations above are
' tentative and dependent upon financing. The following is a summary of funding
sources that may be used in the future to fund short- and long-term capital
projects.
Real Estate Excise Tax (REET)
REET consists of money derived from one-half percent of the selling price of real
property within the City of Kent. Cities planning under the State's Growth
Management Act must generally use these funds for capital projects as desribed by
State law. Beginning in 2002, one-quarter percent (REET2) was allocated for
capital improvements related to parks in the City's CIP. REET revenues fluctuate
with the local real estate market, which directly affects the amount of money the
Parks CIP receives from this source of revenue.
Voter-approved Bonds /Levies
General obligation bonds can be generated by either the City or the County and can
be used for acquisition or development. Voter-approved bonds are typically repaid
through an annual "excess" property tax levy authorized for this purpose by State
statute through the maturity period of the bonds, normally 15 to 20 years. Broad
consensus is needed for passage, with a 60 percent "yes" vote required. A
validation requirement also exists, where the total number of votes cast must be at
least 40 percent of the number of votes in the preceding general election.
A levy is another voter-approved funding source for financing capital
improvements. Unlike a bond issue, no validation is needed and a "yes" vote of 50
percent plus one passes a levy. The proceeds may be received on an annual, pay-
as-you-go basis, or bonds may be issued against the levy amount in order to
receive the proceeds all at once.
Non-voter-approved Bonds
Councilmanic bonds are general obligation bonds issued by the City or County
Council without voter approval. Under State law, repayment of these bonds must
be financed from existing City revenues, since no additional taxes can be
implemented to support related debt service payments.
' Revenue bonds are typically issued for development purposes, and often cost more
and carry higher interest rates than general oblication bonds. Revenue bond
covenants generally require that the revenues received annually would have to
39
Chapter 6 - Implementation
equal twice the annual debt service payment. Revenue bonds are payable from
income generated by an enterprise activity. ,
King County Conservation Futures Tax
Conservation Futures tax levy funds are a dedicated portion of property taxes in
King County and are available, by statute, only for acquisition of open space,
agricultural and timber lands. The King County Council approves funding for
projects based on submittals from cities and the County. Kent has received '
Conservation Futures funds for acquisitons around Clark Lake and Panther Lake.
Grants
The Recreation and Conservation Office (RCO), formerly known as the Interagency
Committee for Outdoor Recreation (IAC), administers a variety of grant programs
from several federal and state sources to eligible application sponsors for outdoor
recreation and conservation purposes. The amount of money available for grants
varies from year to year and most funding sources require that monies be used for
specific purposes. Grants are awarded to state and local agencies on a highly
competitive basis, with agencies generally required to provide matching funds for
any project proposal.
The following are state or federal programs administered by the RCO to provide
agencies funding to acquire and develop park, open space and recreational lands
and facilities:
• Washington Wildlife and Recreation Program, or WWRP
• Land and Water Conservation Fund
• National Recreation Trails Program
• Youth Athletic Facilities Fund
• Boating Facilities Program
• Non-Highway and Off-Road Vehicle Activities Program (NOVA)
• Salmon Recovery Funding Board
• Aquatic Lands Enhancement Account
Firearms and Archery Range Recreation Program
Donations/Partnerships ,
As traditional funding sources begin to fund less, the City must search for creative
and dynamic methods of financing the projects identified in the Park Plan. This can ,
include donations, endowments, volunteer support and partnerships with
community businesses, organizations and residents.
Volunteers stretch City dollars and empower citizens to participate in the
development and maintenance of the park system. One of our longest partnerships
has been with the scouting community. Boy and girl scouts of all ages are
mainstays at our volunteer events, where they can earn badges. A number of
40
CITY OF KENT - Parks & Open Space Plan - 201.0
troops go on to formally "adopt" a park for regular clean-ups. The first young man
to do his Eagle scout advancement project with Kent Parks was in 1983. Over 160
have followed in his footsteps, including several young women earning the Girl
Scout-equivalent Gold Award. All make an effort to try to offset the cost of
materials for their projects, which enables the City to assist 15-25 each year.
Churches and high/middle school students earning community service credits also
provide strong volunteer support.
In recent years, corporate partnerships have included Comcast Cares Day, several
Home Depot collarorations, REI projects involving numerous work groups and park
areas, Boeing Community Service Days and Hawkeye Consultants, who have
harvested the garden at Neely-Soames Home since 2006 and, in 2008, added
Earthworks to their regular annual Adopt-a-Park efforts. Both Comcast and the
Home Depot have provided cash and inkind support as well as scores of employee
volunteers.
The Green Kent Partnership is the next step in a cohesive volunteer program. After
the 20-year plan has been created to restore Kent's urban forests and natural
areas, volunteer stewards will be trained to help implement the plan, each
responsible for managing one acre of public land.
In 2003, the Kent Parks Foundation was established to keep parks programs
strong, costs affordable and help those in need. Cash donations in any amount can
purchase trees, benches and other amenities. Donations of land through the non-
profit Foundation are also possible and can allow citizens the opportunity to leave a
legacy for future generations.
Many options exist for potential donors to conserve their land in trust for public use
by future generations. Creative financing of property acquisition or donation can be
a benefit for both the seller/donor and the City.
Impact Fees/Developer Mitigation Fees
As determined in the Comprehensive Plan, developers are required to improve
private recreation facilities or in some cases pay a parks mitigation fee as part of
the permit review process. These developer contributions cannot supplant other
revenue sources within a project. They are in addition to existing funding and must
be used for a specific purpose within in a certain geographic area. As land available
for development decreases, this source of revenue is expected to diminish.
Real Estate Transactions
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Chapter 6 - Implementation
Selling or trading parcels of land that the City now owns but does not think will be
used for park purposes could be considered as a method to finance acquistion
and/or development of more suitable sites. Renting or leasing park-owned property
can offset the cost to acquire or manage property. Less than fee-simple property
acquisition techniques, such as life estates and conservation easements, can also 1
be used to help reduce the cost of property acquisition. Leasing property for non-
park purposes, e.g.wireless communication facilities, can also provide a source of ,
revenue to offset capital costs.
42
CITY OF KENT - Parks & Open Space Plan - 2010
7. Appendices
• A. Public Involvement
The public outreach effort is a critical component of every land use planning
process. Involving Kent citizens and park users in the process of identifying parks
needs ensures a successful planning process, provides for a mutual exchange of
ideas, and helps meet the community's needs. As stakeholders in the planning
process, the citizens can work with the City to ensure parks and open space needs
are accurately identified, planned for, and funded.
I
' The Park Plan update process has benefited from public input, which has been
utilized in determining needs and priorities and in determining long- and short-term
recommendations. This section outlines the public involvement that has helped
shape the recommendations contained in the 2010 Parks and Open Space Plan.
Park Plan Survey
A survey was taken during the spring of 2009 in order to obtain the community's
ideas and opinions about the existing parks system, deficiencies, and priorities for
the future. The survey was made available online at the City's website, and written
surveys were distributed to all of our facilities and neighborhood councils. The
survey was advertised on the City's phone system and website, in the Kent
Reporter, utility mailings, and through various postings at park facilities.
A total of 631 responses were received, 45 percent of which noted that they were
citizens of Kent. Due to the nature of the distribution of the survey, it is not a
statistically valid survey. However, it does provide a sense of the community's
desires and needs. Respondents rated trails, open space and natural areas as
extremely important followed by major parks and small neighborhood parks. The
top three needs expressed in the survey were a swimming facility, an off-leash dog
park and park security and maintenance.
Detailed results for each question are below. Due to the length of responses to
open ended questions, they are not included in the Plan, but are available for
review on the City's website and in the Parks Planning & Development Office.
2009 Park Plan Update Survey Results
Total Responses - 631
1. Do you live within the City of Kent?
a. Yes -45%
b. No — 54%
43
Chapter 7 - Appendices
c. I don't know - 1%
2. How many years have you lived in the City of Kent?
a. 1-10 - 20%
b. 11-20 - 13%
c. 21-30 - 9%
d. 31-40 -4% ,
e. 41 or more -3%
3. Do you consider yourself a resident of East Hill, Valley or West Hill?
a. East Hill -34%
b. Valley - 80/b
c. West Hill - 11% ,
d. Don't know - 2%
4. How many children under the age of 18 live in your household? i
a. 0 - 60%
b. 1-2 - 350/b
c. 3 or more - 50/b
5. What is your age?
a. 17 or under - 1%
b. 18-29 - 15%
c. 30-39 - 31%
d. 40-49 - 27%
e. 50-59 - 15%
f. 60-69 - 7%
g. Over 70 - 4% ,
6. What is your gender?
a. Male - 59% ,
b. Female - 41%
7. Which parks and recreation facilities do you or your household currently use? t
See spreadsheet
8. What improvements, if any, would you like to see at these parks?
See spreadsheet
9. For this City as a whole, what do you feel are the biggest needs in terms of
Parks and Recreation?
44
CITY OF KENT - Parks & Open Space Plan - 2010
1. Swimming Facility
2. Off-leash dog park
3. Security & Maintenance
4. Biking & Walking Trails
5. Connections/non-motorized access to Parks
6. Mountain Biking Trails
7. Frisbee Golf
8. Athletic Fields
10.Within our parks, what three activities do you and your family members
participate in the most?
a. Walking - 34%
b. Biking - 33%
c. Swimming - 7%
d. Fishing - 4%
e. Organized recreation i.e.: baseball, soccer - 110/b
f. Use of play equipment - 120/o
g. Other, please specify: see spreadsheet
11.What recreation opportunities would you like to see in Kent that you can't
find here now?
See spreadsheet
12.Using a 0 to 10 scale with 10 meaning "extremely high importance" and 0
meaning "extremely low importance" please rate the importance of the
' following park amenities: MOST IMPORTANT NUMBERED IN ORDER -
HIGHEST PERCENTAGE OF #10 RATING. * EACH CHOICE WAS SCALED
SEPERATELY.
a. Small neighborhood parks that serve families and individuals (5 - 19%)
b. Major parks that serve all areas of the city (4 - 22%)
' c. Outdoor athletic fields for youth (6 - 18%)
d. Outdoor athletic fields for adults (11 - 11%)
e. Expanded recreational trails in and out of parks (2 - 41%)
f. Parks with fishing, boating and swimming (12 - 9%)
g. Indoor recreation facilities for social programs, events and athletics (10 -
12%)
h. Natural areas and open space (3 - 37%)
i. An accessible playground large enough to serve the entire community (13
- 8%)
j. Off leash dog park (7 - 18%)
k. Spray park/water park (14 - 7%)
45
Chapter 7 - Appendices
I. Off Road Biking Trails (1 - 45%)
m. BMX park (9 - 16%)
n. Swimming pool (8 - 16%)
13.Have you or anyone in your household participated in a City of Kent
recreation program, activity or cultural event in the last 12 months?
a. Yes - 44%
b. No - 51%
c. Don't know - 50/o
14.What types of recreation programs, activities or cultural events have you
and/or your household participated in the last 12 months?
a. Youth/Teen athletics - 13%
b. Adult athletics - 17%
c. Youth enrichment, such as ballet or piano lessons - 50/o
d. Adult enrichment, such as cooking or aerobics - 9%
e. Concerts - 21%
f. Festivals - 24%
g. Senior Center activities - 4%
h. Adaptive Recreation (Special Needs) - 1%
i. Youth/teen activities - 7%
j. Other - Please specify
15.What could the City change about its programs that would make them more
attractive for you and your household?
See spreadsheet
16.Are you aware that the City offers scholarships so that all children can
participate in programs regardless of ability to pay?
a. Yes - 24%
b. No - 76%
17.Would you like to be notified of future public meetings and opportunities to
participate in the update of the Comprehensive Plans?
a. Yes - add contact info
b. No thank you
Public Workshop '
Once the survey results were tabulated and the Parks Plan update was well
underway, a public workshop was held in the fall of 2009 to further refine the areas
1
46
CITY OF KENT - Parks & Open Space Plan - 2010
of focus in the Park Plan and supplement the comments received through the
survey. Participants were given a comment sheet with specific questions about the
different elements of the plan that were presented at the meeting. Participants
commented on the need to maintain our existing facilities and to make use of
underutilized areas. They also expressed a desire for better connectivity between
parks and throughout the City.
Public Process
In preparing the Parks Plan, several public meetings occurred in order to provide
the public, the Land Use and Planning Board, and the Parks Committee an
opportunity to review and comment on the proposed Park Plan update.
The City's website was utilized as a tool for ongoing communication regarding the
status of the update process. Survey results were posted as well as the draft plan.
Email notices were sent to interested survey participants at each milestone in the
update process, inviting the public to review the draft plan, participate in public
hearings and provide additional input.
' In addition, the Parks Plan complied with State Environmental Policy Act (SEPA)
requirements. An Environmental Checklist was completed and a Determination of
Non-Significance was issued on Public comment periods associated with the
environmental review process were provided.
Public Meetings & Hearings
The Draft Parks Plan was presented and discussed at a series of public meetings
and hearings held before the Land Use and Planning Board, Parks Committee and
the City Council.
B. Relevant Regulations
Critical Area Regulations
Since the adoption of the 2000 Plan, new environmental regulations were passed
and implemented at the state and local level. These new regulations resulted in
changes to the City's Land Use Code, Critical Areas Ordinance and Shoreline Master
Program and may impact how our system develops. Critical areas such as
wetlands, streams, lakes, and wildlife habitat areas occur throughout Kent Parks.
Therefore, these regulations have implications on the development and
management of our parks and open space system. Development and maintenance
practices will likely change to better protect critical areas and their resources.
' Growth Management Act (GMA)
The Growth Management Act (GMA) establishes 13 statewide planning goals that
must be considered locally within the City's Comprehensive Plan and development
47
Chapter 7 - AppendiceS
regulations. Several of these planning goals apply to parks, including open space
retention, development of recreational opportunities, conservation of wildlife
habitat, public facilities sufficient to support growth, and attention to historic
resources. The Parks Plan and Parks and Open Space Element of the
Comprehensive Plan evaluate our system relative to relevant GMA goals.
State Shoreline Management Act Guidelines
The State Shoreline Management Act requires local governments to regulate their ,
shorelines through adoption of a local Shoreline Master Program. The City
completed an update to the Shoreline Master Program in 2009 in order to conform ,
to the state's update of master program guidelines. The updated Master Program
will impact park operations and development in the following areas: Green River,
Lake Meridian, Lake Fenwick, Soos Creek, the Green River Natural Resource Area
pond, Springbrook Creek and Jenkins Creek.
C. Capital Facilities Plan '
Insert 2010-2016 Plan
D. Resolution/Ordinance Adopting Plan r
r
t
48
l
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.
A) FROM COUNCIL, ADMINISTRATION, OR STAFF
' B) FROM THE PUBLIC
PUBLIC COMMUNICATIONS
A) PUBLIC RECOGNITION
B) COMMUNITY EVENTS
Kent City Council Meeting
Date , 2010
Item No. 6A - 6B
CONSENT CALENDAR
6. City Council Action:
Councilmember moves, Councilmember
seconds to approve Consent Calendar Items A through L.
Discussion
Action
6A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of January 19, 2010.
6B. Approval of Bills.
Approval of payment of the bills received through December 31 and paid on
December 31, 2009 after auditing by the Operations Committee on January 19,
2010.
Approval of checks issued for vouchers:
Date Check Numbers Amount
12/31/09 Wire Transfers 3991-4004 $2,023,710.84
4006-4008
12/31/09 Regular Checks 638938-639490 3,901,051.45
Void Checks 638947 ($3,000.00)
Use Tax Payable 7,484.09
$5,929,246.38
Approval of checks issued for payroll for December 16 through December 31,
2009, and paid on January 5, 2010:
Date Check Numbers Amount
1/5/10 Checks 315687-315906 $ 152,806.89
1/5/10 Advices 260520-261282 1,613,936.66
$1,766,743.55
�9 Kent City Council Meeting
,KcNO
WAS MINGTON January 19, 2010
The regular meeting of the Kent City Council was called to order at 7:00 p.m. by
Mayor Cooke. Councilmembers present: Albertson, Harmon, Higgins, Perry, Ranniger,
Raplee, and Thomas. (CFN-198)
CHANGES TO THE AGENDA
A. From Council, Administration, Staff. (CFN-198) No changes were made.
B. From the Public. (CFN-198) Continued Communications item A was added at the
request of an audience member.
PUBLIC COMMUNICATIONS
A. Public Recognition. (CFN-198) There were no items for public recognition.
r� B. Community Events. (CFN-198) Ranniger announced upcoming performances by
the Peking Acrobats and Guitar Night.
C. National Guard Patriot Award Presentation. (CFN-155) Larry Kirchner, Chair
of the King County Committee of Employer Support of the Guard and Reserve, a
national organization which is part of the Department of Defense, presented Mayor
Cooke with their Patriot Award for the City's support of the Guard and Reserve
members who are currently deployed on active duty.
* D. Panther Lake Annexation Campaign Team Recognition. (CFN-198) Members
s of the Panther Lake Annexation Campaign Team came forward and received thanks
and a City pin from Mayor Cooke.
E. Introduction of Appointee. (CFN-198) Mayor Cooke introduced Jon Johnson,
her re-appointee to the Land Use & Planning Board. Johnson explained that he serves
on the Board as a way of repaying the community.
F. Introduction of Tudor Square Neighborhood Council. (CFN-1304)
Neighborhood Program Coordinator Toni Azzola gave an overview of the neighborhood
program and introduced representatives from the neighborhood. Mayor Cooke then
presented them with a resolution and Azzola urged other interested neighborhoods to
contact her.
G. Legislative Update. (CFN-198) Michelle Witham, Community and Public Affairs
Manager, updated the Council on legislative issues including flooding, streamlined
sales tax, annexation sales tax credit, street utility, transportation and unfunded
mandates.
H. Public Safety Report. (CFN-122) Police Chief Strachan updated the monthly
statistics, and gave a report comparing 2009 with the five previous years. He
mentioned National Night Out and pointed out that the City will be competing with
larger cities this year, due to the Panther Lake Annexation. He talked about former
1
Kent City Council Minutes January 19, 2010
Kent Police Officer Greg Richards who, along with three other officers, was killed
several months ago, and who had many connections to the Kent Police Department.
CONSENT CALENDAR
Perry moved to approve Consent Calendar Items A through S. Thomas seconded and
the motion carried.
A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of
January 5, 2010, were approved.
B. Approval of Bills. (CFN-104) Payment of the bills received through November 30
and paid on November 30, 2009, after auditing by the Operations Committee on
January 5, 2010, were approved.
Approval of checks issued for vouchers:
Date Check Numbers Amount
11/30/09 Wire transfers 3961-3973 $1,279,870.69
11/30/09 Regular checks 638230-638566 3,497,527.37
Use tax payable 984.18
$4,778,382.24
Approval of payment of the bills received through December 15 and paid on
December 15, 2009, after auditing by the Operations Committee on January 5, 2010,
were approved.
Approval of checks issued for vouchers:
Date Check Numbers Amount
12/15/09 Wire transfers 3974-3990,4005 $2,442,254.57 j
12/15/09 Regular checks 638567-638937 2,173,864.76
Void checks 638905 (5,508.27)
Use tax payable 3,589.24
$4,614,200.30
Checks issued for payroll for December 1 and paid on December 1, 2009, were
approved:
Date Check Numbers Amount
12/1/09 Void check 315103 ($640.45)
12/1/09 Check 315251 640.45
$ 0.00
Checks issued for payroll for November 16 through November 30, and paid on
December 4, 2009, were approved:
Date Check Numbers Amount
12/4/09 Checks 315252-315475 $ 369,511.28
12/4/09 Advices 258997-259757 2,158,156.35
$2,527,667.63
2
Kent City Council Minutes January 19, 2010
Checks issued for oavroll for December 7 and paid on December 7, 2009, were
approved:
Date Check Numbers Amount
12/7/09 Checks 315476 $114.20
$114.20
Checks issued for pavroll for December 1 through December 15 and paid on
December 18, 2009, were approved:
I Date Check Numbers Amount
12/18/09 Checks 315477-315686 $ 169,905.23
12/18/09 Advices 259758-260519 1,643,991.18
$1,813,896.41
C. Washington State Recreation & Conservation Office Grant Agreement for
Panther Lake Acguisition. (CFN-1309) The Washington State Recreation and
Conservation Office grant in the amount of $536,115, for the acquisition project in the
Panther Lake area was accepted, the expenditure of funds in the land acquisition
budget was approved, and the Mayor was authorized to sign all necessary documents,
subject to terms and conditions acceptable to the City Attorney.
D. Strickland, Heischman & Hoss, Inc./Professional Services Contract for
Horseshoe Bend Levee Improvements Project. (CFN-1318) The Mayor was
authorized to sign the contract with Strickland, Fleischman and Hoss, Inc. in the
1 amount of $52,500 for preparation of 14 appraisals for the Horseshoe Bend Levee
Project, subject to terms and conditions acceptable to the City Attorney and the Public
Works Director.
E. Northwest Hydraulic Consultants, Inc./Consultant Services Contract for
Horseshoe Bend Levee Improvements Project. (CFN-1318) The Mayor was
authorized to sign the Consultant Services Agreement with Northwest Hydraulic
Consultants Inc (NHC) in the amount of $22,253 for hydraulic analysis of the
Horseshoe Bend Levee Project, subject to terms and conditions acceptable to the City
Attorney and the Public Works Director.
IF. Granger Company/Professional Services Contract for Horseshoe Bend
Levee Improvements Project. (CFN-1318) The Mayor was authorized to sign the
Professional Services Contract with the Granger Company in the amount of $25,000
for review of appraisals for the Horseshoe Bend Levee Project, subject to terms and
conditions acceptable to the City Attorney and the Public Works Director. Appraisal
review is a requirement of the federal acquisition process.
G. Rittenhouse Consulting/Professional Services Contract for Horseshoe Bend
Levee Improvements Proiect. (CFN-1318) The Mayor was authorized to sign the
Professional Services Contract with Rittenhouse Consulting in the amount of $82,200
for relocation assistance for displaced owners and tenants, which is a requirement of
the federal acquisition process for the Horseshoe Bend Levee Project, subject to terms
and conditions acceptable to the City Attorney and the Public Works Director.
3
Kent City Council Minutes January 19, 2010
H. Eastman Company/Professional Services Contract for Horseshoe Bend
Levee Improvements Project. (CFN-1318) The Mayor was authorized to sign the
Professional Services Contract with the Eastman Company in the amount of $63,100
for preparation of 13 appraisals for the Horseshoe Bend Levee Project, subject to
terms and conditions acceptable to the City Attorney and the Public Works Director.
I. Homeland Security Subarant for Community Emergency Response Team.
(CFN-122) The reimbursable grant in an amount not to exceed $10,000 from the King
County Office of Emergency Management was accepted, amendment of the budget
was authorized, expenditure of the funds was authorized, and the Mayor was
authorized to sign all related documents, subject to final terms and conditions
acceptable to the City Attorney.
J. Homeland Security Subarant for Continuing Education. (CFN-122) The
reimbursable grant in an amount not to exceed $4,000 from the King County Office of
Emergency Management was accepted and the Mayor was authorized to sign related
documents.
K. Seattle Police Department Interagency Agreement Amendment Providing
Additional Grant Funds. (CFN-122) The police department was authorized to sign
an amendment to the Seattle Police Department Interagency Agreement to accept
additional funds in an amount not to exceed $5,000, amendment of the budget was
authorized, and expenditure of the additional funds was authorized.
L. Land Use & Planning Board Re-appointment. (CFN-174) The Mayor's re-
appointment of Jon Johnson to the Land Use and Planning Board was confirmed.
Mr. Johnson's new term will expire on December 31, 2012.
M. Jail Services Agreement. (CFN-122) The Mayor was authorized to sign the Jail
Services Agreement with the City of Enumclaw, on the condition that the City of Kent
will exercise its rights under the Agreement only for emergency flood purposes.
N. Tudor Square Neighborhood Council Formation Resolution. (CFN-1304)
Resolution No. 1819 recognizing Tudor Square as a Neighborhood Council was
adopted.
O. King County Metro Agreement for Transit Services. (CFN-174) The Mayor
was authorized to sign Amendment No. 1 to the Transit Now Direct Financial
Partnership Agreement for King County Metro Route 153, subject to terms and
conditions acceptable to the City Attorney and the Public Works Director.
P. Air Liauide Revision 389 Bill of Sale. (CFN-484) The Bill of Sale for Air Liquide
Revision, which includes 389 linear feet of new street, 1 storm sewer manhole, 7 catch
basins, and 421 linear feet of storm sewer line was accepted.
Q. Orme Plat (A/K/A Avalon Court) Bill of Sale. (CFN-484) The Bill of Sale for
Orme Plat, a/k/a Avalon Court, for 1024 linear feet of new street; 1770 linear feet of
storm sewer line, 8 storm sewer manholes, 14 catch basins, 143 linear feet of
drainage ditch, and 53,244 cubic feet of detention pond storage was accepted. The
project is located at 25410 132nd Avenue SE.
4
I
Kent City Council Minutes January 19, 2010
R. Powers Short Plat Bill of Sale. (CFN-484) The Bill of Sale for the Powers Short
Plat for 476 linear feet of sanitary sewer line, 4 sanitary sewer manholes; 628 linear
feet of new street; 3 storm sewer manholes, 12 catch basins, and 827 linear feet of
storm sewer line was accepted.
S. Kent Fire Department/Regional Fire Authority Ballot Proposition
Resolution. (CFN-122) Resolution No. 1820, submitting to voters at a special
election on April 27, 2010, a proposition to create the Kent Fire Department Regional
Fire Service Authority, effective July 1, 2010, was adopted.
REPORTS
A. Council President. (CFN-198) No report was given.
B. Mayor. (CFN-198) Mayor Cooke said she has met with staff and volunteers
working on the 2010 census, and that she will be spending time in Olympia during the
legislative session.
C. Operations Committee. (CFN-198) No report was given.
D. Parks and Human Services Committee. (CFN-198) Ranniger noted that the
next meeting is at 5:00 p.m. on January 21, and that they will be discussing the Parks
Master Plan,
E. Planning and Economic Develooment Committee. (CFN-198) Perry
announced that the committee is evaluating a cottage housing development.
F. Public Safety Committee. (CFN-198) No report was given.
G. Public Works Committee. (CFN-198) No report was given.
H. Administration. (CFN-198) Hodgson noted that a regional solution to the animal
control issue is being studied and that there will be an update at the next workshop.
CONTINUED COMMUNICATIONS
ADDED ITEM
A. Wetlands. (CFN-198) Hans Friewald, 11824 SE 2701h, voiced concern about
various springs, wildlife and wetlands, and urged the Council to look into the issue.
Mayor Cooke pointed out that the city is working on many projects to rehabilitate
streams and creeks, and suggested that Friewald speak to Mike Mactutis in the
Engineering Department.
ADJOURNMENT
The meeting adjourned at 8:12 p.m. (CFN-198)
Brenda Jacober, CMC
City Clerk
5
Kent City Council Meeting
Date February 2, 2010
Category Consent Calendar - 6C
1. SUBJECT: AUKEEN COURT RENTAL AGREEMENT - AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the First Amendment
to the Lease Agreement with King County for the Aukeen Court Building.
King County has temporarily moved the operation of the Aukeen District Court
from 1210 South Central Avenue because of the increased risk of flooding from
the Green River. The City continues to operate its municipal court in the building
and requests use of additional space while the Aukeen District Court has
relocated.
The City's municipal court will temporarily expand to include the use of an
additional courtroom two days per week, plus two clerical areas, including
approximately 36 square feet to be used five days per week. This use will be on
a month-to-month basis until the Aukeen Court moves back. The City's use of
the additional space will be subject to payment of (i) base rent in the amount of
three hundred forty dollars ($340) per month; and, (ii) additional rent for the
City's pro-rata share of utilities, janitorial service, and other operating expenses.
3. EXHIBITS: First Amendment to Lease Agreement
4. RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
l5. FISCAL IMPACT
Expenditure? X Revenue? _
Currently in the Budget? Yes X No _
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
IACTION
FIRST AMENDMENT TO LEASE AGREEMENT
BETWEEN
KING COUNTY AND THE CITY OF KENT
AUKEEN DISTRICT COURT BUILDING
THIS FIRST AMENDMENT (the "Amendment") is entered into as of the date
fully executed below amending that certain Lease Agreement executed December 22,
2008 by and between KING COUNTY ("Landlord") and THE CITY OF KENT
("Tenant") for a portion of the Aukeen District Court Building located at 1210 South
Central Avenue in Kent, Washington (the "Lease").
WHEREAS, King County has temporarily relocated the operation of Aukeen
District Court from the Building located at 1210 South Central Avenue (the `Building")
because of the increased risk of flooding in the City of Kent from the Green River due to
the diminished capacity of the Howard Hanson Dam. Tenant continues to operate its
municipal court from the Building and requests use of additional Building space while
Landlord's Aukeen District Court is not operating in the Building.
NOW, THEREFORE, the Landlord and Tenant hereby agree and covenant as
follows:
1. Lease Terms Ratified. All terms and conditions of the Lease are included
herein by reference and hereby ratified and confirmed and remain in full force and effect
except as specifically amended or superseded by this Amendment. All terms which are
defined in the Lease shall have the same meaning herein.
2. Temporary Additional Premises. The Premises shall be temporarily
expanded to include the "Temporary Additional Premises" defined as Courtroom #1,
including approximately 600 square feet to be used two days per week, and two clerical
areas; including approximately 36 square feet to be used five days per week, as depicted
on the attached Exhibit A (the ""Temporary Additional Premises").
3. Term. Tenant's use of the Temporary Additional Premises shall be on a
month-to-month basis commencing upon execution of this Amendment and subject to
termination by either party on thirty(30) days' advance written notice to the other party.
4. Base Rent and Additional Rent. Tenant's use of the Temporary
Additional Premises shall be subject to payment of(i) Base Rent in the amount of Three
Hundred Forty Dollars ($340.00) per month; and, (ii) Additional Rent for Tenant's pro-
rata share of utilities, janitorial service and other operating expense attributable to the
Temporary Additional Premises.
5. Alterations. Tenant's installation of furniture, fixtures and equipment or
any alteration, construction or improvement to the Temporary Additional Premises shall
Page 1 of 6 ,
be subject to Landlord's prior written approval which shall not be unreasonably withheld.
Landlord hereby approves Tenant's installation of furniture, fixtures and equipment listed
on attached Exhibit B. At Tenant's request, Landlord has installed a magnetometer for
Tenant's temporary use in screening visitors to the Building during the term of this
Amendment. In addition, Landlord hereby agrees rees to reimburse Tenant for Tenant's cost
to provide screening personnel during the term of this Amendment for the hours of 8.00
am to 4:30 pm(Monday—Friday) at the hourly rate of$17-19.
6. Building Closure. Landlord reserves the right to close the Building in the
event of flooding or in Landlord's anticipation of possible flooding at Landlord's sole
discretion. Landlord shall notify Tenant in writing of such planned closure to the extent
reasonably possible However, the parties acknowledge that flooding may create an
emergency situation whereby advance notice is not possible and the threat of flooding
may subside so that closure of the Building is not requited In addition, Landlord shall
notify Tenant of its plans to reoccupy the Building to the extent reasonably possible but
no less than thirty(30) days in advance of said reoccupancy.
7. Entire Agreement. The Lease and all exhibits and attachments thereto as
specifically amended by this Amendment and all exhibits and attachments hereto
constitute the entire agreement between the parties, which supersede all prior agreements
and understandings related to the Premises and the Building. This Amendment may be
executed in multiple counterparts, each of which shall constitute an original, but all of
which taken together shall constitute one and the same agreement.
Page 2 of 6
IN WITNESS WHEREOF, the parties hereto have executed this First
Amendment, which shall take effect on the last date signed below.
LANDLORD: TENANT:
KING COUNTY CITY OF KENT
By: By.
1 Print Name: Print Name:
Its: Its:
Date: Date:
APPROVED BY CUSTODIAL AGENCY:
By:
Date:
APPROVED AS TO FORM:
By:
1 Timothy Barnes, Senior Deputy Prosecuting Attorney
i
1
Page 3 of 6
STATE OF WASHINGTON )
: ss.
COUNTY OF KING )
I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the
person who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she is authorized to execute the mstitiiment on behalf of the
City of Kent as its Mayor, and such execution to be the free and voluntary act of such
party for the uses and purposes mentioned in the foregoing instrument.
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I hereby certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person
acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to
execute the instrument on behalf of King County as its , and
such execution to be the free and voluntary act of such party for the uses and purposes
mentioned in the foregoing instrument.
Page 4 of 6
p
Exhibit A
i
s
. F
Page 5 of 6
Exhibit B
Landlord hereby approves Tenant's installation of the following furniture, fixtures and i
equipment.
Computers:
Courtroom#1 —Judge's bench
Courtroom#1 —clerk's area
Window#3
Printer/File Room
Designated Clerical Area—2
Telephones:
Security Desk
Window#3
Printer/File Room
Protein Office
Courtroom#1
Designated Clerical Area
Lunchroom
Page 6 of 6
Kent City Council Meeting
Date February 2, 2010
Category Consent Calendar - 6D
1. SUBJECT: 2009 MISCELLANEOUS ACCOUNTS RECEIVABLE WRITE-OFFS -
AUTHORIZE
2. SUMMARY STATEMENT: Authorize write-offs for miscellaneous accounts
receivable, utility billing, and permit charges that are over one-year old.
■ The write-offs total $47,342.55 for uncollectible accounts from 2009.
3. EXHIBITS: Memorandum dated 1/9/10 and attachment
4. RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? No Revenue? No
Currently in the Budget? Yes X No
6. CITY COUNCIL ACTION:
jCouncilmember moves, Councilmember seconds
DISCUSSION:
ACTION
13400 1�
•
� KENT
W A S H I N G T O N
FINANCE
R J Nachlinger,Director
Phone 253-856-5260
Fax 253-856-6255
Address 220 Fourth Avenue S
Kent,WA 98032-5895
DATE: January 19, 2010
TO: Kent City Council Operations Committee
FROM: R J Nachlinger, Finance Director
THROUGH John Hodgson, Chief Administrative Officer
SUBJECT: Write-offs for 2009
MOTION I move to recommend that the Operations Committee authorize the write-offs of
miscellaneous accounts receivable, utility billing and permit charges totaling $47,342.55 for
accounts from 2009.
SUMMARY: The Washington State Auditor's Office has recommended that the City write-off
uncollectible accounts receivables that are over one year old The write-off request is for
$47,342,55 on uncollectible accounts from 2009
BUDGET IMPACT These is no budget impact resulting from these write-offs as the amount
has been fully reserved as a bad debt in previous years
DETAIL: Public Works write-offs $ 44,223 29
Parks write-offs $ 75000
LID write-offs $ 2,36926
Total write-offs $ 47,342 55
14 �4
2009 Write-offs
Public Works Accounts Receivable Write-offs:
DATE CUSTOMER AMOUNT SERVICE Inv.#
6/12/03 Qwest Communications- Legal Settlement 3,52815 Pac Hwy HOV Lanes RI 163
6/12/03 Qwest Communications - Legal Settlement 3,45798 1st/4th Ave N Joint Trench RI 163
7/11/03 Qwest Communications - Legal Settlement 15,905 00 Pac Hwy HOV Lanes RI 233
11/12/03 Qwest Communications - Legal Settlement 1,75500 Pac Hwy HOV Lanes RI 696
11/12/03 Qwest Communications - Legal Settlement 3,13000 Pac Hwy HOV Lanes RI 697
12/16/05 V Ward -City Attorney's Ofc recommendation 12,400 00 Environ Presery Fines RI 4040
06/11/08 Shannon Ridge/write-off bal - Legal Settlement 4,04716 Bio-Diesel Spill Clean Up RI 10951
Total Public Works AR Write-offs: $44,223.29
Parks Accounts Receivable Write-offs:
DATE CUSTOMER AMOUNT SERVICE Inv.#
Fall 2007 J Posanke -John L Scott- KMS 12500 Youth Sponsor-Commons RI 15442
Fall 2007 P Tietz-John L Scott- KMS 12500 Youth Sponsor-Commons RI 15443
Fall 2007 The Rodocker Group 12500 Youth Sponsor-Commons RI 15444
Fall 2007 Nicole Yomothy 12500 Youth Sponsor-Commons RI 15445
Winter 2008 Nicole Yomothy 12500 Youth Sponsor-Commons RI 15445
Winter 2008 Help-U-Sell Solutions -Mail returned/no forward 12500 Youth Sponsor-Commons RI 15446
Total Parks AR Write-offs: $750.00 City Attorney's Office Recommendation
Total AR Write-offs: $449973.29
LID Write-offs:
DATE CUSTOMER AMOUNT Charges LID#
9/3/08 Military Rd Investments LLC/Poulsbo RV 1,80817 Penalty 353-051100
9/3/08 Military Rd Investments LLC/Poulsbo RV 561 09 Delinquent Interest 353 0511-0
Total LID Write-offs: 2,369.26 City Attorneys Office Recommendation
TOTAL - 2009 WRITE-OFFS: $47,342.55
j
Kent City Council Meeting
Date February 2, 2010
Category Consent Calendar - 6E
1. SUBJECT: JAIL TRANSITION SERVICES CONTRACT - AUTHORIZE
f
2. SUMMARY STATEMENT: Authorize the Mayor to sign the Contract between
King County and the City of Kent for jail transition services in the amount of
$18,000.
The purpose of this contract is to provide jail transition services to defendants
with co-occurring mental health and substance abuse disorders who are being
released from the Kent Municipal Jail. This contract provides a collaborative effort
between King County and the City to assist eligible defendants in applying for
Department of Social and Health Services (DSHS) entitlements and publicly-
funded benefits for the purposes of accessing mental health counseling,
medications management, and case management services in the community.
Specifically, the contract will pay for a dedicated office space for one full-time
equivalent (1.0 FTE) DSHS financial application worker to be sited within the Kent
City Hall building, and reimbursement for a seven day supply of medications
prescribed to defendants exiting the jail for the purpose of relieving psychiatric
symptoms.
t
3. EXHIBITS: Contract
4. RECOMMENDED BY: Parks & Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
' 5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
6. CITY COUNCIL ACTION:
jCouncilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
King County Contract No. D39568
Federal Taxpayer ID No. 91-6001254
SDepartment/Division Community and Human Services/Mental Health, Chemical Abuse and
Dependency Services Division
Agency City of Kent
Project Title Substance Abuse/Mental Health Treatment Services
Contract Amount $ 18,000 Fund Code 1260/1120
Contract Period From: January 1, 2010 To December 31, 2010
KING COUNTY PUBLIC ENTITY SERVICES CONTRACT— 2010
THIS CONTRACT is entered into by KING COUNTY (the "County"), and City of Kent (the "Agency"),
whose address is 220 Fourth Avenue S., Kent, WA 98032
WHEREAS, the County has been advised that the following are the current funding sources, funding
levels and effective dates
FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES
STATE $18,000 01/01/2010 - 12/31/2010
TOTAL $18,000 01/01/2010 - 12/31/2010
and
WHEREAS, the County desires to have certain services performed by the Agency as described in this
>� Contract, and as authorized by Ordinance No 16717;
NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter
mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually
agree as follows:
This form is available in alternate formats upon
request for persons with disabilities.
City of Kent Page 1 of 19 2010 Contract
1. EXHIBITS
The Agency shall provide services and comply with the requirements set forth hereinafter
and in the following attached exhibits, which are incorporated herein by reference
® Certificates of Insurance/Endorsements Attached hereto as Exhibit I
® Psych Medications & Jail Transition Services Attached hereto as Exhibit II
® Office Space for DSHS Financial Application Attached hereto as Exhibit III
Worker
Ill. DURATION OF CONTRACT
This Contract shall commence on the 1st day of January 2010, and shall terminate on the
31 st day of December 2010, unless extended or terminated earlier, pursuant to the terms
and conditions of this Contract
III. COMPENSATION AND METHOD OF PAYMENT
A. The County shall reimburse the Agency for satisfactory completion of the terms and
conditions found in this Contract and its attached Exhibits
B. The Agency shall submit an invoice and all accompanying reports as specified in the
attached Exhibit(s), including its final invoice and all outstanding reports. The County
shall initiate authorization for payment to the Agency not more than 30 days after a
complete and accurate invoice and all outstanding reports are received and approved.
C. If the Agency's final invoice and reports are not submitted by the day specified in the
attached Exhibit(s), the County will be relieved of all liability for payment to the Agency
of the amounts set forth in said invoice or any subsequent invoice.
IV. OPERATING BUDGET
The Agency shall apply the funds received from the County under this Contract in
accordance with the budget, if included within an Exhibit The Agency shall request prior
approval from the County for an amendment to this Contract when the cumulative amount of
transfers among the budget categories within an Exhibit is expected to exceed ten percent of
the total Exhibit budget. Supporting documents necessary to explain fully the nature and
purpose of the amendment must accompany each request for an amendment.V. INTERNAL CONTROL AND ACCOUNTING SYSTEM
The Agency shall establish and maintain a system of accounting and internal controls which
complies with applicable, generally accepted accounting principles, financial and
governmental reporting standards as prescribed by the appropriate accounting standards
board.
VI. MAINTENANCE OF RECORDS
A. The Agency shall maintain accounts and records, including personnel, property,
financial, and programmatic records and other such records as may be deemed
necessary by the County to ensure proper accounting for all Contract funds and
compliance with this Contract.
City of Kent Page 2 of 19 2010 Contract
B. These records shall be maintained for a period of six years after termination hereof
unless permission to destroy them is granted by the Office of the Archivist in
accordance with Revised Code of Washington (RCW) Chapter 40.14
C. The Agency shall inform the County in writing of the location, if different from the
Agency address listed on page one of this Contract, of the aforesaid books, records,
documents, and other evidence and shall notify the County in writing of any changes in
location within ten working days of any such relocation
VII. AUDITS
' A. The Agency shall submit to the County a copy of its annual report of examination/audit,
conducted by the Washington State Auditor, within 30 days of receipt
B. If additional federal and/or state audit or review requirements are imposed on the
County during the term of this Contract, the Agency agrees this Contract may be
amended to require that the Agency comply with any such additional audit
requirements. Even if this Contract is not amended, the Agency agrees to comply with
any such additional audit requirements
Vill. EVALUATIONS AND INSPECTIONS
A. The Agency shall provide right of access to its facilities, including those of any
subcontractor, to the County, the state, and/or federal agencies or officials at all
reasonable times in order to monitor and evaluate the services provided under this
Contract. The County shall give advance notice to the Agency in the case of fiscal
audits to be conducted by the County.
B The records and documents with respect to all matters covered by this Contract shall
be subject at all time to inspection, review, or audit by the County and/or federal/state
officials so authorized by law during the performance of this Contract and six years
after termination hereof, unless a longer retention period is required by law
C. The Agency agrees to cooperate with the County or its agent in the evaluation of the
Agency's performance under this Contract and to make available all information
reasonably required by any such evaluation process The results and records of said
evaluations shall be maintained and disclosed in accordance with RCW Chapter 42 17.
' IX. CORRECTIVE ACTION
If the County determines that a breach of contract has occurred, that is, the Agency has
faded to comply with any terms or conditions of this Contract or the Agency has faded to
provide in any manner the work or services agreed to herein, and if the County deems said
breach to warrant corrective action, the following sequential procedure shall apply.
iA. The County shall notify the Agency in writing of the nature of the breach;
B. The Agency shall respond in writing no later than ten working days following receipt of
such notification, which response shall indicate the steps being taken to correct the
specified deficiencies The corrective action plan shall specify the proposed .
completion date for bringing the Contract into compliance, which date shall not be more
than 30 days from the date of the Agency's response, unless the County, at its sole
discretion, specifies in writing an extension in the number of days to complete the
corrective actions,
City of Kent Page 3 of 19 2010 Contract
C. The County shall notify the Agency in writing of the County's determination as to the
sufficiency of the Agency's corrective action plan The County shall have sole
discretion in determining the sufficiency of the Agency's corrective action plan;
D. In the event that the Agency does not respond within the appropriate time with a
corrective action plan, or the Agency's corrective action plan is determined by the
County to be insufficient, the County may commence termination of this Contract in
whole or in part pursuant to Section XI B,
E. In addition the County may withhold any payme
nt owed the Agency or prohibit the
Agency from incurring additional obligations of funds until the County is satisfied that
corrective action has been taken or completed, and
F Nothing herein shall be deemed to affect or waive any rights the parties may have
pursuant to Section XI. Subsections A, B, C, and D.
X. ASSIGNMENT/SUBCONTRACTING
A. The Agency shall not assign or subcontract any portion of this Contract or transfer or
assign any claim arising pursuant to this Contract without the written consent of the
County. Said consent shall be sought in writing by the Agency not less than 15 days
prior to the date of any proposed assignment or subcontract.
B. "Subcontract" shall mean any agreement between the Agency and a subcontractor or
between subcontractors that is based on this Contract, provided that the term
"subcontract" does not include the purchase of (1) support services not related to the
subject matter of this Contract, or(2) supplies.
XI. TERMINATION
A. This Contract may be terminated by the County without cause, in whole or in part, prior
to the termination date specified in Section II, by providing the Agency 30 days
advance written notice of the termination
B. The County may terminate this Contract, in whole or in part, upon seven days advance
written notice in the event: (1) the Agency materially breaches any duty, obligation, or
service required pursuant to this Contract; and/or (2) the duties, obligations, or services
required herein become impossible, illegal, or not feasible.
If the Contract is terminated by the County pursuant to this Subsection XI.B.(1), the
Agency shall be liable for damages, including any additional costs of procurement of
similar services from another source.
If the termination results from acts or omissions of the Agency, including but not limited
to misappropriation, nonperformance of required services, or fiscal mismanagement,
the Agency shall immediately return to the County any funds, misappropriated or
unexpended, which have been paid to the Agency by the County.
C. If County or other expected or actual funding is withdrawn, reduced, or limited in any
way prior to the termination date set forth in this Contract and its attached Exhibits, the
County may, upon written notification to the Agency, terminate this Contract in whole or
in part
If the Contract is terminated as provided in this Subsection- (1) the County shall be
liable only for payment in accordance with the terms of this Contract for services
rendered prior to the effective date of termination; and (2) the Agency shall be released
City of Kent Page 4 of 19 2010 Contract
from any obligation to provide such further services pursuant to the Contract as are
affected by the termination
Funding or obligation under this Contract beyond the current appropriation year is
conditional upon appropriation by the County Council of sufficient funds to support the
activities described in the Contract Should such appropriation not be approved, this
Contract shall terminate at the close of the current appropriation year
D. This Contract may be terminated by the Agency without cause, prior to the date
specified by providing the County 90 days advance written notice of the termination
The Agency shall provide the County 90 days advance written notice of its intent not to
renew this Contract, in whole or in part.
E. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this
Contract or law that either party may have in the event that the obligations, terms, and
conditions set forth in this Contract are breached by the other party.
MI. FUTURE SUPPORT
The County makes no commitment to support the services contracted for herein and
assumes no obligation for future support of the activity contracted herein except as expressly
set forth in this Contract.
XIII. HOLD HARMLESS AND INDEMNIFICATION
A. In providing services under this Contract, the Agency is an independent contractor, and
neither it nor its officers, agents or employees are employees of the County for any
purpose The Agency shall be responsible for all federal and/or state tax, industrial
insurance, and Social Security liability that may result from the performance of and
compensation for these services and shall make no claim of career service or civil
service rights which may accrue to a County employee under state or local law
The County assumes no responsibility for the payment of any compensation, wages,
I benefits, or taxes, by, or on behalf of the Agency, its employees, and/or others by
reason of this Contract The Agency shall protect, indemnify, and save harmless the
County, its officers, agents, and employees from and against any and all claims, costs,
and/or losses whatsoever occurring or resulting from (1) the Agency's failure to pay
any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the
Agency of work, services, materials, or supplies by Agency employees or other
suppliers in connection with or support of the performance of this Contract.
1 B. The Agency further agrees that it is financially responsible for and shall repay the
County all indicated amounts following an audit exception that occurs due to the
negligence, intentional act, and/or failure, for any reason, to comply with the terms of
this Contract by the Agency, its officers, employees, agents and/or representatives.
This duty to repay the County shall not be diminished or extinguished by the prior
termination of the Contract pursuant to the Duration of Contract or the Termination
sections.
C. The Agency shall protect, defend, indemnify, and hold harmless the County, its
officers, employees, and agents from any and all costs, claims, judgments, and/or
awards of damages, arising out of, or in any way resulting from, the negligent acts or
omissions of the Agency, its officers, employees, and/or agents, in its performance
and/or non-performance of its obligations under this Contract The Agency agrees that
its obligations under this subparagraph extend to any claim, demand, and/or cause of
City of Kent Page 5 of 19 2010 Contract
f
action brought by, or on behalf of, any of its employees or agents. For this purpose,
the Agency, by mutual negotiation, hereby waives, as respects the County only, any
immunity that would otherwise be available against such claims under the Industrial
Insurance provisions of Title 51 RCW In the event the County incurs any judgment,
award, and/or cost arising therefrom including attorneys' fees to enforce the provisions
of this article, all such fees, expenses, and costs shall be recoverable from the Agency
D. The County shall protect, defend, indemnify, and hold harmless the Agency, its
officers, employees, and agents from any and all costs, claims, judgments, and/or
awards of damages, arising out of, or in any way resulting from, the sole negligent acts
or omissions of the County, its officers, employees, or agents The County agrees that
its obligations under this subparagraph extend to any claim, demand, and/or cause of
action brought by, or on behalf of, any of its employees or agents For this purpose,
the County, by mutual negotiation, hereby waives, as respects the Agency only, any
immunity that would otherwise be available against such claims under the Industrial
Insurance provisions of Title 51 RCW In the event the Agency incurs any judgment,
award, and/or cost arising therefrom including attorneys' fees to enforce the provisions
of this article, all such fees, expenses, and costs shall be recoverable from the County
E. Claims shall include, but not be limited to, assertions that use or transfer of software,
book, document, report, film, tape, or sound reproduction or material of any kind,
delivered hereunder, constitutes an infringement of any copyright, patent, trademark,
trade name, and/or otherwise results in unfair trade practice
F. To the extent that an Agency subcontractor fails to satisfy its obligation to defend and
indemnify the County as detailed in Section XVII B. of this Contract, the Agency shall
protect, defend, indemnify, and hold harmless the County, its officers, employees and
agents from any and all costs, claims, judgments, and/or awards or damages arising
out of, or in any way resulting from, the negligent act or omissions of the Agency's
subcontractor, its officers, employees, and/or agents in connection with or in support of
this Contract.
G Nothing contained within this provision shall affect and/or alter the application of any
other provision contained within this Contract.
H. The indemnification, protection, defense and hold harmless obligations contained
herein shall survive the expiration, abandonment or termination of this Contract.
XIV. INSURANCE REQUIREMENTS
A. By the date of execution of this Contract, the Agency shall procure and maintain for the
duration of this Contract, insurance against claims for injuries to persons or damages
to property which may arise from, or in connection with, the performance of work
hereunder by the Agency, its agents, representatives, employees, and/or
subcontractors. The costs of such insurance shall be paid by the Agency or
subcontractor. The Agency may furnish separate certificates of insurance and policy
endorsements for each subcontractor as evidence of compliance with the insurance
requirements of this Contract The Agency is responsible for ensuring compliance with
all of the insurance requirements stated herein. Failure by the Agency, its agents,
employees, officers and or subcontractors, to comply with the insurance requirements
stated herein shall constitute a material breach of this Contract
For All Coverages Each insurance policy shall be written on an "occurrence" form;
except that insurance on a "claims made" form may be acceptable with prior County '
approval
City of Kent Page 6 of 19 2010 Contract
If coverage is approved and purchased on a "claims made" basis, the Agency warrants
continuation of coverage, either through policy renewals or the purchase of an
extended discovery period, if such extended coverage is available, for not less than
three years from the date of Contract termination, and/or conversion from a "claims
made" form to an "occurrence" coverage form.
By requiring such minimum insurance, the County shall not be deemed or construed to
have assessed the risks that may be applicable to the Agency under this Contract
The Agency shall assess its own risks and, if it deems appropriate and/or prudent,
1 maintain greater limits and/or broader coverage.
Nothing contained within these insurance requirements shall be deemed to limit the
scope, application and/or limits of the coverage afforded by said policies, which
coverage will apply to each insured to the full extent provided by the terms and
conditions of the policy(ies). Nothing contained within this provision shall affect and/or
alter the application of any other provision contained within this Contract.
iB. Minimum Scope of Insurance
Coverage shall be at least as broad as the following:
' 1. General Liability:
Insurance Services Office form number(CG 00 01) covering COMMERCIAL
GENERAL LIABILITY)
2. Professional Liability:
tProfessional Liability, Errors, and Omissions coverage. In the event that services
delivered pursuant to this Contract either directly or indirectly involve or require
professional services, Professional Liability, Errors, and Omissions coverage
shall be provided. "Professional Services", for the purpose of this Contract
section, shall mean any services provided by a licensed professional or those
services that require professional standards of care.
3. Automobile Liability:
In the event that services delivered pursuant to this Contract require the use of a
vehicle or involve the transportation of clients by Agency personnel in Agency-
owned vehicles or non-owned vehicles, the Agency shall provide evidence of the
appropriate automobile coverage.
Insurance Services Office form number (CA 00 01) covering BUSINESS AUTO
COVERAGE, symbol 1 "any auto", or the appropriate coverage provided by
symbols 2, 7, 8, or 9.
4. Workers' Compensation
Workers' Compensation coverage, as required by the Industrial Insurance Act of
the State of Washington, as well as any similar coverage required for this work by
applicable federal or "Other States" state law
5. Stop Gap/Employers Liability
Coverage shall be at least as broad as the protection provided by the Workers'
Compensation policy Part 2 (Employers Liability) or, in states with monopolistic
City of Kent Page 7 of 19 2010 Contract
state funds, the protection provided by the "Stop Gap" endorsement to the
general liability policy
C. Minimum Limits of Insurance
1 If, pursuant to this Contract, the Agency provides a mental health outpatient
treatment or non-treatment service, it shall maintain limits no less than, for.
a. General Liability: $3,000,000 combined single limit per occurrence by bodily
injury, personal injury, and property damage, and for those policies with
aggregate limits, a $3,000,000 aggregate limit.
b. Professional Liability, Errors, and Omissions: $3,000,000 per claim and in the
aggregate.
c. Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage, unless Agency transports clients If the Agency
transports of clients as a function of this or any other service contract, the limit
shall be no less than $3,000,000 combined single limit per accident for bodily
injury and property damage If the Agency maintains a $1,000,000 limit, check
the box and initial as indicated below
❑ Agency never transports clients under this or any service contract.
(Initials of authorized agency representative)
d. Workers' Compensation Statutory requirements of the state of residency.
e. Stop Gap/Employers Liability: $1,000,000.
2. If, pursuant to this Contract, the Agency provides a mental health inpatient service,
it shall maintain limits no less than, for:
a General Liability $5,000,000 combined single limit per occurrence by bodily
injury, personal injury, and property damage, and for those policies with
aggregate limits, a $5,000,000 aggregate limit
b. Professional Liability, Errors, and Omissions: $3,000,000 per claim and in the
aggregate
c. Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage, unless Agency transports clients If the Agency
transports of clients as a function of this or any other service contract, the limit
shall be no less than $3,000,000 combined single limit per accident for bodily
injury and property damage. If the Agency maintains a $1,000,000 limit, check
the box and initial as indicated below.
❑ Agency never transports clients under this or any service contract.
(Initials of authorized agency representative)
d. Workers' Compensation- Statutory requirements of the state of residency. t
e. Gap/Employers Liability- $1,000,000.
3. If, pursuant to this Contract, the Agency provides alcohol and/or substance abuse
treatment or non-treatment service, it shall maintain limits no less than, for
City of Kent Page 8 of 19 2010 Contract
a. General Liability- $1,000,000 combined single limit per occurrence by bodily
injury, personal injury, and property damage, and for those policies with
aggregate limits, a $1,000,000 aggregate limit
b. Professional Liability, Errors, and Omissions $1,000,000 per claim and in the
aggregate
c. Automobile Liability $1,000,000 combined single limit per accident for bodily
injury and property damage
d. Workers' Compensation: Statutory requirements of the state of residency.
e. Stop Gap/Employers Liability. $1,000,000.
D. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to, and approved by, the
' County. The deductible and/or self-insured retention of the policies shall not apply to
the Agency's liability to the County and shall be the sole responsibility of the Agency.
E. Other Insurance Provisions
The insurance policies required in this Contract are to contain, or be endorsed to
contain, the following provisions:
1. Liability Policies Except Professional/Errors and Omissions and Workers
Compensation.
a. The County, its officers, officials, employees and agents are to be covered
as additional insureds as respects liability arising out of activities performed
by or on behalf of the Agency in connection with this Contract. (CG 2010
11/85 or its' equivalent)
b. The Agency's insurance coverage shall be primary insurance as respects
the County, its officers, officials, employees, and agents. Any insurance
and/or self-insurance maintained by the County, its offices, officials,
employees or agents shall not contribute with the Agency's insurance or
1 benefit the Agency in any way.
C. The Agency's insurance shall apply separately to each insured against
whom claim is made and/or lawsuit is brought, except with respect to the
limits of the insurer's liability.
2. All Policies
Coverage shall not be suspended, voided, canceled, reduced in coverage or in
limits, except by the reduction of the applicable aggregate limit by claims paid,
until after 30 days prior written notice has been given to the County.
F. Acceptability of Insurers
I Unless otherwise approved by the County, insurance is to be placed with insurers with
a Bests' rating of no less than A- VIII, or, if not rated with Bests, with minimum
surpluses the equivalent of Bests' surplus size VIII.
Professional Liability, Errors, and Omissions insurance may be placed with insurers
with a Bests' rating of B+VII. Any exception must be approved by the County.
City of Kent Page 9 of 19 2010 Contract
If, at any time, the foregoing policies shall fail to meet the above minimum
requirements the Agency shall, upon notice to that effect from the County, promptly
obtain a new policy, and shall submit the same to the County, with appropriate
certificates and endorsements, for approval.
G Verification of Coverage
The Agency shall furnish the County certificates of insurance and endorsements
required by this Contract. Such certificates and endorsements, and renewals thereof,
shall be attached as exhibits to the Contract The certificates and endorsements for
each insurance policy are to be signed by a person authorized by that insurer to bind
coverage on its behalf. The certificates and endorsements for each insurance policy
are to be on forms approved by the County prior to the commencement of activities
associated with the Contract. The County reserves the right to require complete,
certified copies of all required insurance policies at any time
H. Subcontractors
The Agency shall include all subcontractors as insureds under its policies or shall i
require separate certificates of insurance and policy endorsements from each
subcontractor. If the Agency is relying on the insurance coverages provided by '
subcontractors as evidence of compliance with the insurance requirements of this
Contract then such requirements and documentation shall be subject to all of the
requirements stated herein.
I. Municipal or State Agency Provisions
If the Agency is a Municipal Corporation or an agency of the State of Washington and
is self insured for any of the above insurance requirements, a certification of self-
insurance shall be attached hereto and be incorporated by reference and shall
constitute compliance with this Section.
XV. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
A Nondiscrimination in Employment Provision of Services
During the performance of this Contract, neither the Agency nor any party
subcontracting under the authority of this Contract shall discriminate or tolerate
harassment on the basis of race, color, sex, religion, national origin, marital status,
sexual orientation, age, or the presence of any sensory, mental, or physical disability in
the employment or application for employment or in the administration or delivery of
services or any other benefits under this Contract King County Codes Chapters 12.16
and 12.17 are incorporated herein by reference, and such requirements shall apply to
this Contract.
B. Nondiscrimination in Subcontracting Practices
During the solicitation, award and term of this Contract, the Agency shall not create
barriers to open and fair opportunities to participate in County contracts or to obtain or
compete for contracts and subcontracts as sources of supplies, equipment,
construction and services In considering offers from and doing business with
subcontractors and suppliers, the Agency shall not discriminate against any person on
the basis of race, color, religion, sex, age, national origin, marital status, sexual
orientation or the presence of any mental or physical disability in an otherwise qualified
disabled person
City of Kent Page 10 of 19 2010 Contract
IC Compliance with Laws and Regulations
The Agency shall comply fully with all applicable federal, state and local laws,
ordinances, executive orders and regulations that prohibit discrimination These laws
include, but are not limited to, KCC 12 17, RCW Chapter 49.60, Titles VI and VII of the
Civil Rights Act of 1964, 42 United States Code (USC) 2000(a) et seq , the Americans
with Disabilities Act, 42 USC 12102 et seq , and the Restoration Act of 1987 The
Agency shall further comply fully with any affirmative action requirements set forth in
any federal regulations, statutes or rules included or referenced in the contract
documents.
D. Small Business and Minority and Women Business Enterprise Opportunities
The County encourages the Agency to utilize small businesses, including Minority-
owned and Women-owned Business Enterprises ("MANBEs") in County contracts The
County encourages the Agency to use the following voluntary practices to promote
open competitive opportunities for small businesses, including M/WBEs.
1. Attending a pre-bid or pre-solicitation conference, if scheduled by the County, to
provide project information and to inform small businesses and other firms of
contracting and subcontracting opportunities
2. Placing all qualified small businesses attempting to do business in King County,
including MMBEs, on solicitation lists, and providing written notice of
subcontracting opportunities to these firms capable of performing the work,
including without limitation all businesses on any list provided by the County, in
sufficient time to allow such businesses to respond to the written solicitations.
3. Breaking down total requirements into smaller tasks or quantities, where
economically feasible, in order to permit maximum participation by small
businesses, including M/WBEs
4. Establishing delivery schedules, where the requirements of this Contract permit,
that encourage participation by small businesses, including M/WBEs.
5 Providing small businesses, including MN BEs that express interest with
1 adequate and timely information about plans, specifications, and requirements of
the Contract.
6. Using the services of available community organizations, contractor groups, local
1 assistance offices, the County, and other organizations that provide assistance in
the recruitment and placement of small businesses, including M/WBEs.
7. The Washington State Office of Minority and Women's Business Enterprises
(OMWBE) can provide a list of certified MN1lBEs Contact OMWBE office at
860-208-1064 or on-line through the web site at http 11www omwbe wa gov/.
E. Fair Employment Practices
King County Code Chapters 12 16 and 12.18 are incorporated by reference as if fully
set forth herein and such requirements apply to this Contract. During the performance
of this Contract, neither the Agency nor any party subcontracting under the authority of
this Contract shall engage in unfair employment practices
F. Record-Keeping Requirements and Site Visits
City of Kent Page 11 of 19 2010 Contract
The Agency shall maintain, for at least six years after completion of all work under this
Contract, the following
1. Records of employment, employment advertisements, application forms, and
other pertinent data, records and information related to employment, applications
for employment or the administration or delivery of services or any other benefits
under this Contract, and
2. Records, including written quotes, bids, estimates or proposals submitted to the '
Agency by all businesses seeking to participate on this Contract, and any other
information necessary to document the actual use of and payments to
subcontractors and suppliers in this Contract, including employment records.
The County may visit, at any time, the site of the work and the Agency's office to ,
review the foregoing records The Agency shall provide every assistance requested by
the County during such visits. In all other respects, the Agency shall make the
foregoing records available to the County for inspection and copying upon request If
this Contract involves federal funds, the Agency shall comply with all record keeping
requirements set forth in any federal rules, regulations or statutes included or
referenced in the contract documents.
G. Sanctions for Violations
Any violation of the mandatory requirements of the provisions of this Section shall be a
material breach of contract for which the Agency may be subject to damages,
withholding payment and any other sanctions provided for by the Contract and by
applicable law.
H. Reporting
The Agency shall complete all reports and forms provided by the County and shall
otherwise cooperate fully with the County in monitoring and assisting the Agency in
providing nondiscriminatory programs.
XVI. SECTION 504 AND AMERICANS WITH DISABILITIES ACT (ADA) '
The Agency has completed a 504/ADA Self-Evaluation Questionnaire for all programs and
services offered by the Agency (including any services not subject to this Contract) and has
evaluated its services, programs and employment practices for compliance with Section 504
of the Rehabilitation Act of 1973, 29 USC 701 et seq as amended ("504") and the American
Disabilities Act, 42 USC 12102 et seq as amended The Agency has completed, attached
as an exhibit to this Contract, and incorporated herein by reference a 504/ADA Assurance of
Compliance
XVII. SUBCONTRACTS AND PURCHASES
A. The Agency shall include the above Sections IV, V, VI, VII, Vill, XII, XIII, XIV, XV, and
XVI, in every subcontract or purchase agreement for services which relate to the
subject matter of this Contract.
B. The Agency agrees to include the following language verbatim in every subcontract,
provider agreement, or purchase agreement for services which relate to the subject
matter of this Contract
"Subcontractor shall protect, defend, indemnify, and hold harmless King County, its
officers, employees and agents from any and all costs, claims, judgments, and/or
City of Kent Page 12 of 19 2010 Contract
awards of damages arising out of, or in any way resulting from the negligent act or
omissions of subcontractor, its officers, employees, and/or agents in connection with or
in support of this Contract Subcontractor expressly agrees and understands that King
County is a third party beneficiary to this Contract and shall have the right to bring an
action against subcontractor to enforce the provisions of this paragraph "
C. The Agency shall ensure that all subcontractors receiving any federal funds pursuant to
this agreement have not been disbarred or suspended from federal contract
participation. This may be done by checking the Excluded Parties List System
http//epls arnet gov, which lists all suspended and debarred entities.
XVIII. CONFLICT OF INTEREST
1 A. The Agency agrees to comply with the provisions of KCC Chapter 3.04. Failure to
comply with any requirement of KCC Chapter 3.04 shall be a material breach of this
Contract, and may result in termination of this Contract pursuant to Section XI'and
subject the Agency to the remedies stated therein, or otherwise available to the County
at law or in equity.
B The Agency agrees, pursuant to KCC 3 04 060, that it will not willfully attempt to secure
preferential treatment in its dealings with the County by offering any valuable
consideration, thing of value or gift, whether in the form of services, loan, thing or
promise, in any form to any County official or employee. The Agency acknowledges
that if it is found to have violated the prohibition found in this paragraph, its current
contracts with the County will be cancelled and it shall not be able to bid on any County
contract for a period of two years.
C. The Agency acknowledges that for one year after leaving County employment, a
former County employee may not have a financial or beneficial interest in a contract or
grant that was planned, authorized, or funded by a County action in which the former
County employee participated during County employment Agency shall identify, at the
time of offer, current or former County employees involved in the preparation of
proposals or the anticipated performance of work if awarded the Contract Failure to
1 identify current or former County employees involved in this transaction may result in
the County's denying or terminating this Contract. After Contract award, the Agency is
responsible for notifying the County's project manager of current or former County
employees who may become involved in the Contract any time during the term of the
Contract
XIX, POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services provided directly or indirectly under this
Contract shall be used for any partisan political activity or to further the election or defeat of
any candidate for public office.
XX, EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP
1 A. The Agency agrees that equipment purchased with Contract funds at a cost of$5,000
per item or more and identified in an exhibit as reimbursable is upon its purchase or
receipt the property of the Agency, County, and/or federal, and/or state government, as
specified in the exhibit
B. The Agency shall be responsible for all such equipment, including the proper care and
maintenance.
City of Kent Page 13 of 19 2010 Contract
C. The Agency shall ensure that all such equipment shall be returned to the appropriate
government agency, whether federal, state or county, upon written request of the
County.
D The Agency shall admit County staff to the Agency's premises for the purpose of
marking such property with appropriate government property tags.
E. The Agency shall establish and maintain inventory records and transaction documents
(purchase requisitions, packing slips, invoices, receipts) of equipment purchased with
Contract identified funds
XXI. NOTICES
Whenever this Contract requires that notice be provided by one party to another, such notice
shall be. ,
A, In writing; and
B. Directed to the chief executive officer of the Agency and the director of the County
department specified on page one of this Contract.
Any time, within which a party must take some action, shall be computed from the date that
the notice is received by said party.
XXII. PROPRIETARY RIGHTS
The parties to this Contract hereby mutually agree that if any patentable or copyrightable
material or article should result from the work described herein, all rights accruing from such
material or article shall be the sole property of the County. The County agrees to and does
hereby grant to the Agency, irrevocable, nonexclusive, and royalty-free license to use,
according to law, any material or article and use any method that may be developed as part
of the work under this Contract.
The foregoing products license shall not apply to existing training materials, consulting aids,
checklists, and other materials and documents of the Agency which are modified for use in
the performance of this Contract
The foregoing provisions of this section shall not apply to existing training materials,
consulting aids, checklists, and other materials and documents of the Agency that are not
modified for use in the performance of this Contract.
XXIII. CONTRACT AMENDMENTS
Either party may request changes to this Contract Proposed changes which are mutually
agreed upon shall be incorporated by written amendments to this Contract.
XXIV. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY
The Agency shall use recycled paper for the production of all printed and photocopied
documents related to the fulfillment of this Contract and shall ensure that, whenever possible,
the cover page of each document printed on recycled paper bears an imprint identifying it as
recycled paper
If the cost of recycled paper is more than 15 percent higher than the cost of non-recycled
paper, the Agency may notify the Contract Administrator, who may waive the recycled paper
requirement.
City of Kent Page 14 of 19 2010 Contract
The Agency shall use both sides of paper sheets for copying and printing and shall use
recycled/recyclable products wherever practical in the fulfillment of this Contract
XXV. ENTIRE CONTRACT/WAIVER OF DEFAULT
The parties agree that this Contract is the complete expression of the terms hereto and any
oral or written representations or understandings not incorporated herein are excluded Both
parties recognize that time is of the essence in the performance of the provisions of this
Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent
default. Waiver or breach of any provision of the Contract shall not be deemed to be a
waiver of any other or subsequent breach and shall not be construed to be a modification of
the terms of the Contract unless stated to be such through written approval by the County,
which shall be attached to the original Contract.
XXVI. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION
The Agency and any subcontractor(s) agree to abide by the terms of the Revised Code of
Washington, rules and regulations promulgated thereunder, and the DSHS and County
Agreement on General Terms and Conditions between the Department of Social and Health
Services and King County, as amended, and regulations of the state and federal
governments, as applicable, which control disposition of funds granted under this Contract,
all of which are incorporated herein by reference.
In the event of a conflict between any of the language contained in any exhibit or any
attachment to this Contract, the language in the Contract shall have control over the
language contained in the exhibit or the attachment, unless the parties affirmatively agree in
' writing to the contrary
XXVII. CONFIDENTIALITY
The Agency agrees that all information, records, and data collected in connection with this
Contract shall be protected from unauthorized disclosure in accordance with applicable state
and federal law.
' XXVIII. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY
ACT OF 1996 (HIPAA)
Terms used in this section shall have the same meaning as those terms in the Privacy Rule,
45 Code of Federal Regulations (CFR) Parts 160 and 164.
A. Obligations and Activities of the Agency
1. The Agency agrees not to use or disclose protected health information other than
as permitted or required by this Contract, HIPAA and the Health Information
I Technology for Economic and Clinical Health Act (HITECH). The Agency shall
use and disclose protected health information only if such use or disclosure,
respectively, is in compliance with each applicable requirement of 45 CFR §
1 164.504(e). The Agency is directly responsible for full compliance with the
privacy provisions of HIPAA and HITECH that apply to business associates.
2. The Agency agrees to implement administrative, physical, and technical
safeguards that reasonably and appropriately protect the confidentiality, integrity,
and availability of the protected health information that it creates, receives,
' maintains, or transmits on behalf of the County as required by 45 CFR, Part 164,
Subpart C The Agency is directly responsible for compliance with the security
City of Kent Page 15 of 19 2010 Contract
provisions of HIPAA and HITECH that apply to business associates, including
sections 164.308, 164 310, 164.312, and 164.316 of title 45 CFR
3. Within two (2) business days of the discovery of a breach as defined at 45 CFR §
164.402 the Agency shall notify the County of any breach of unsecured protected
health information The notification shall include the identification of each
individual whose unsecured protected health information has been, or is
reasonably believed by the Agency to have been, accessed, acquired, or j
disclosed during such breach; a brief description of what happened, including the
date of the breach and the date of the discovery of the breach, if known, a
description of the types of unsecured protected health information that were
involved in the breach (such as whether full name, social security number, date of
birth, home address, account number, diagnosis, disability code, or other types of
information were involved); any steps individuals should take to protect
themselves from potential harm resulting from the breach, a brief description of
what the Agency is doing to investigate the breach, to mitigate harm to
individuals, and to protect against any further breaches, the contact procedures of
the Agency for individuals to ask questions or learn additional information, which
shall include a toll free number, an e-mail address, Web site, or postal address;
and any other information required to be provided to the individual by the County
pursuant to 45 CFR § 164 404, as amended A breach shall be treated as
discovered in accordance with the terms of 45 CFR § 164 410. The information
shall be updated promptly and provided to the County as requested by the
County.
4. The Agency agrees to mitigate, to the extent practicable, any harmful effect that
is known to the Agency of a use or disclosure of protected health information by
the Agency in violation of the requirements of this Contract or the law
5. The Agency agrees to report in writing all unauthorized or otherwise improper
disclosures of protected health information or security incident to the County
within two days of the Agency knowledge of such event.
6. The Agency agrees to ensure that any agent, including a subcontractor, to whom '
it provides protected health information received from, or created or received by
the Agency on behalf of the County, agrees to the same restrictions and
conditions that apply through this Contract to the Agency with respect to such
information.
7. The Agency agrees to make available protected health information in accordance
with 45 CFR § 164.524.
B. The Agency agrees to make available protected health information for
amendment and incorporate any amendments to protected health information in
accordance with 45 CFR § 164 526
9. The Agency agrees to make internal practices, books, and records, including
policies and procedures and protected health information, relating to the use and
disclosure of protected health information received from, or created or received
by the Agency on behalf of King County, available to the Secretary, in a
reasonable time and manner for purposes of the Secretary determining King
County's compliance with HIPAA, HITECH or this Contract.
10. The Agency agrees to make available the information required to provide an
accounting of disclosures in accordance with 45 CFR §164.528. Should an
City of Kent Page 16 of 19 2010 Contract
individual make a request to the County for an accounting of disclosures of his or
her protected health information pursuant to 45 CFR § 164 528, Agency agrees
to promptly provide an accounting, as specified under42 U.S.0 § 17935(c)(1)
and 45 CFR §164 528, of disclosures of protected health information that have
been made by the Agency acting on behalf of the County. The accounting shall
be provided by the Agency to the County or to the individual, as directed by the
County.
B. Permitted Uses and Disclosures by Business Associate
The Agency may use or disclose protected health information to perform functions,
activities, or services for, or on behalf of, King County as specified in this Contract,
provided that such use or disclosure would not violate HIPAA if done by King County or
the minimum necessary policies and procedures of King County
C. Effect of Termination
I 1. Except as provided in paragraph C 2. of this Section, upon termination of this
Contract, for any reason, the Agency shall return or destroy all protected health
information received from the County, or created or received by the Agency on
behalf of the County This provision shall apply to protected health information
that is in the possession of subcontractors or agents of the Agency The Agency
shall retain no copies of the protected health information.
2. In the event the Agency determines that returning or destroying the protected
health information is infeasible, the Agency shall provide to King County
I notification of the conditions that make return or destruction infeasible Upon
notification that return or destruction of protected health information is infeasible,
the Agency shall extend the protections of the Contract to such protected health
information and limit further uses and disclosure of such protected health
information to those purposes that make the return or destruction infeasible, for
so long as the Agency maintains such protected health information.
D. Reimbursement for Costs Incurred Due to Breach
Agency shall reimburse the County, without limitation, for all costs of investigation,
dispute resolution, notification of individuals, the media, and the government, and
expenses incurred in responding to any audits or other investigation relating to or
arising out of a breach of unsecured protected health information by the Agency.
XXIX. EMERGENCY RESPONSE
A. The Agency shall prepare and submit within six months of the execution of the
Contract the necessary plans, procedures and protocols to'
1. Respond to and recover from a natural disaster or major disruption to agency
operations such as a work stoppage, and
2. Continue operations during a prolonged event such as a pandemic.
B. The Agency shall conduct exercises or drills to test the effectiveness of its plans at
least once a year and document the results of the exercise or drill
' C. The Agency shall prepare the plans in a format approved by the County. The
explanation of the format will include the specific content of the Agency's plans The
County will specify areas that must be addressed in the Agency's plan.
City of Kent Page 17 of 19 2010 Contract
D The County may waive the requirements in subsections A, B or C upon written request
by the Agency identifying compelling reasons why such requirements should not apply.
XXX. PERSONAL INFORMATION— NOTICE OF SECURITY BREACH
A. If the Agency maintains computerized or other forms of data that includes personal
information owned by the County, the Agency shall notify the County of any breach of
the security of the data immediately following discovery if the personal information was,
or is reasonably believed to have been, acquired by an unauthorized person in
accordance with RCW 42.56.590 (2).
B. The Agency shall provide all information requested by the County including the
following in accordance with RCW 42.56.590, KCC 2.14.030, the King County
Information Privacy Policy and any other applicable federal, state and local statute'
1. Circumstances associated with the breach;
2. Actions taken by the Agency to respond to the breach ; and
3. Steps the Agency shall take to prevent a similar occurrence.
This information shall be provided in a format requested by the County.
C. The County may at its sole discretion, require the Agency to contact the appropriate
law enforcement agency and to provide the County a copy of the report of the
investigation conducted by the law enforcement agency The Agency shall also
provide the County with any information it has regarding the security breach.
D. The Agency shall conspicuously display King County's Privacy Notice and provide a
printed copy upon request.
E. The Agency shall be responsible for notifying individuals whose personal information
may have become available to unauthorized users through a security breach The
Agency shall also be responsible for any cost associated with notifying the affected
individuals This notification must be in accordance with RCW 42 56 590 (7).
F. If the Agency demonstrates that the cost of providing notice would exceed $250,000, or
that the potentially affected persons exceeds 500,000, or the Agency does not have
sufficient contact information, substitute notice shall consist of the following in j
accordance with RCW 42 56.590 (7), (c).
1. E-mail notice when the Agency has an e-mail address for the subject persons;
2. Conspicuous posting of the notice on the Agency's web site page, if the Agency
maintains one; and
3. Notification to major County-wide media.
G. For purpose of this section, "personal information" means the same as defined in RCW
42.56 590:
1. An individual's first name or first initial and last name in combination with any one
of the following data elements, when either the name or the data elements are
not encrypted social security number; driver's license number or Washington
identification card number; or
City of Kent Page 18 of 19 2010 Contract
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2. Account number or credit or debit card number, in combination with any required
security code, access code, or password that would permit access to an
mdividual's financial account
XXXI. DISPUTE RESOLUTION
1 Agency disputes pertaining to County decisions regarding contract compliance issues shall
be made in writing to the Division Manager of Mental Health, Chemical Abuse and
Dependency Services Division (MHCADSD) The written dispute shall include the decision
being questioned and the point on which the dispute is made
The Division Manager will make a determination decision and respond in writing to the
Agency within 30 calendar days of receipt If the Agency wishes to appeal the Division
Manager decision, an additional letter indicating all points of the dispute resolution process
to date shall be sent to the Division Manager who will forward the letter with comments to the
Department of Community and Human Services Director The Department Director will
i make a determination decision and respond in writing to the Agency within 30 calendar days
of receipt.
' KING COUNTY CITY OF KENT
FOR
King County Executive Signature
Date Name (Please type or print)
Date
Approved by DCHS Director
' Approved as to Form.
OFFICE OF THE KING COUNTY
PROSECUTING ATTORNEY
iNovember 9, 2009
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City of Kent Page 19 of 19 2010 Contract
EXHIBIT 11
CITY OF KENT
INMATE PSYCHOTROPIC MEDICATION AND JAIL TRANSITION SERVICES
I. WORK STATEMENT
The City of Kent (the "Agency") shall provide up to a seven day supply of medications
prescribed to persons exiting jail for the purposes of relieving psychiatric symptoms, including
medications to ameliorate the side effects of psychotropic medication, and make appropriate
referrals for mental health evaluation and other mental health services.
Funding
Fund Source Amount Effective Dates '
State $15,000 01/01/2010— 12/31/2010
The total amount of reimbursement for this Exhibit shall not exceed $15,000 for the Exhibit ,
period of January 1, 2010 through December 31, 2010.
II. PROGRAM DESCRIPTION
A. Goal
1 Continue to develop and provide services that reduce the growth of emergency
medical and criminal justice system involvement and costs.
2. Ensure that eligible Medicaid recipients and non-Medicaid clients receive easily
accessible mental health and co-occurring disorder services.
B. Objectives
1. To cover the costs for up to seven days supply of medications for the purposes of
relieving psychiatric symptoms, prescribed to persons with mental illness exiting jail, '
including medications to ameliorate the side effects of psychotropic medication, at
release from custody
2. To provide data that will allow the analysis of client and program outcomes of providing ,
the additional medications and linkage of appropriate clients to the Jail Transition
Services program operated by Sound Mental Health (SMH)
3. To ensure that active engagement, treatment, and discharge planning occurs during
incarceration or detention.
C. Eligibility t
1. Eligibility for up to seven days supply of psychiatric medications upon release includes
individuals who:
a. Have an Axis 1 major mental disorder that is ongoing and that interferes with age-
appropriate social and role functioning, and
b. Received psychotropic medication, including medications to ameliorate the side
effects of psychotropic medication, from authorized medical staff in the jail prior to ,
release from custody
CJ/MH—City of Kent Page 1 of 5 2010 Contract—Exhibit 11
' 2 Eligibility for referral to the Jail Transition Services program includes individuals who
have an annual income of not more than 200 percent of federal poverty level and who.
a. Are being released from custody at the Kent City Jail;
b. Have a history of two or more Incarcerations in King County, including the current
incarceration;
ic. Have an Axis I major mental disorder that is ongoing and that interferes with age-
appropriate social and role functioning, and an active substance use disorder that is
ongoing;
d. Are not enrolled in outpatient mental health services provided through the King
County Mental Health Plan nor engaged in outpatient chemical dependency
treatment services, excluding opiate substitution treatment,
e. Are residents of King County or are homeless;
f. Are referred by a representative of the court, and
g. Agree to participate in the program.
3. Persons who are not eligible for the Jail Transition Services program and should not be
referred include:
a. Those whose current charges include a sex offense or arson; or
b. Those whose felony criminal history or registration status (regardless of current
charges) includes arson or Level III Sex Offender, respectively.
4. Level II Sex Offender cases must be reviewed and approved by the Criminal Justice
Initiative Program Coordinator prior to Jail Transition Services program placement.
D. Definitions
1. Axis 1 major mental disorder: a mental disorder as defined by the American
Psychiatric Association: Diagnostic and Statistical Manual IV, or their successors, that
is ongoing and interferes with age-appropriate social and role functioning.
2. Person: an individual incarcerated in a municipal jail awaiting adjudication and release.
3. Medicaid recipient: an individual who is currently enrolled in the Medicaid program.
4. Non-Medicaid client: individuals who are not currently enrolled in Medicaid. Mental
health services will be available to non-Medicaid persons as resources permit
5. Psychotropic medications: medications provided by a licensed physician, pharmacist
or medical practitioner for the purpose of reducing psychiatric symptoms or the side
effects of medications prescribed to reduce psychiatric symptoms
1 CXMH—City of Kent Page 2 of 5 2010 Contract—Exhibit 11
E General Program Requirements '
1. The Agency shall provide services under this Exhibit in compliance with
a. 42 Code of Federal Regulations (CFR) Part 438 Balanced Budget Act (BBA);
b. 45 CFR Health Insurance Portability and Accountability Act (HIPAA) Parts 160 and
164;
c. Revised Code of Washington (RCW) 70 02; and
d. Washington Administrative Code (WAC) 246-869-080.
2. The Agency shall be solely responsible for compliance with generally accepted '
professional and ethical standards and for the quality of the services performed. All
duties performed by the Agency shall be consistent with the applicable requirements of ,
all formal bodies, governmental or otherwise, to which the Agency and its clinicians are
subject with respect to licensing, certification, registration, and/or accreditation.
F. Program Specific Requirements
1. The Agency shall identify and provide transition services to persons with mental illness
and/or substance abuse disorders to expedite and facilitate their return to the
community via the following:
a. Arrange for mental health screening for individuals who display behavior consistent
with the need for such screening or who have been referred by jail staff or officers
of the court;
b. Assess persons incarcerated at the Kent City Jail for program eligibility, particularly
those persons who are members of the priority populations as defined in Chapter
71.24 RCW,
c. Referral to the Department of Social and Health Services for facilitation of
expedited medical and financial eligibility determination with the goal of immediate
access to entitlements and other publicly funded benefits upon release; '
d. Provide up to seven days supply of medications prescribed for the purposes of
relieving psychiatric symptoms to persons exiting jail; this includes medications to
ameliorate the side effects of psychotropic medication, depending on funding
availability;
e. Provide program and participant data as requested by King County Mental Health,
Chemical Abuse and Dependency Services Division (MHCADSD);
f. Provide a referral to SMH's criminal justice liaison prior to the eligible person's
release from jail in order to determine appropriate mental health or other services,
including the Jail Transition Services program, to stabilize the person in the
community,
g. Retain complete responsibility for and control of its practice and the practice of
clinicians under its employ or contract, and '
CJIMH—City of Kent Page 3 of 5 2010 Contract—Exhibit 11
h. Conduct its practice in accordance with its own best clinical judgment and
discretion
2. The Agency shall work with the County to collaborate with the justice system liaisons,
court staff, and SMH in arranging for services to persons referred by the jail.
3. The Agency shall assure that persons who have been diagnosed with a mental illness
or identified as in need of mental health services and are transferred to another
jurisdiction, such as a tribal jail or a jail in another county, received appropriate
transition services including prudent pre-release case management and release
planning.
III. COMPENSATION AND METHOD OF PAYMENT
A. Billing Invoice Package
1 The Agency shall submit monthly a Billing Invoice Package (BIP) that consists of a
Reimbursement Request Summary form provided by the County
2. The Agency shall submit the reporting requirements as stated in section IV.
' REPORTING REQUIREMENTS.
3. The BIP shall be completed according to minimum standards as defined in the
MHCADSD Standards
4. The BIP is due within 15 days after the end of each month, except at the end of the
calendar year, the end of the state fiscal year, the end of the federal fiscal year, and
1 the end of the state biennium, when an earlier due date may be required.
B. Method of Payment
r1. Reimbursement shall be provided monthly on an actual cost reimbursement basis of
the medications purchased plus nine and nine-tenths percent administration fee up to
15 000 for the Exhibit period.
2. Payment shall be made monthly subject to performance requirements being met, and
upon submission of a billing invoice and any reporting requirements as specified in this
Exhibit
IV. REPORTING REQUIREMENTS
A. Monthly Reports
1. The Agency shall provide the County with monthly expenditure reports and service
volumes due within 15 days after the end of each month, except at the end of the
calendar year, the end of the state fiscal year, the end of the federal fiscal year, and
the end of the state biennium, when an earlier due date may be required.
r2. The Agency shall submit data for all participants served under this Exhibit on a monthly
basis in a reporting format approved by the County.
CJIMH—City of Kent Page 4 of 5 2010 Contract—Exhibit 11
B. Quarterly Reports
None required.
C. Semi-Annual Reports
None required. ,
D. Annual and Other One-Time-Only Reports ,
The Agency shall provide Kent City Jail booking data for program participant outcome
evaluation and client care coordination purposes upon request by the County and in a
format agreed upon by the County and the Agency
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CJ/MH—City of Kent Page 5 of 5 2010 Contract—Exhibit 11
EXHIBIT III
CITY OF KENT
OFFICE SPACE FOR DSHS FINANCIAL APPLICATION WORKER
I. WORK STATEMENT
1 The City of Kent shall provide dedicated office space for one full-time equivalent (1.0 FTE)
Washington State Department of Social and Health Services (DSHS) financial application
worker to be sited within the Kent City Hall building. The-DSHS financial application worker
will assist eligible and appropriate offender-clients and defendants who are transitioning from
the Kent City Jail, or another municipal jail within King County, and the Norm Maleng Regional
Justice Center (RJC) in applying for DSHS entitlements and publicly funded benefits for the
purposes of accessing substance abuse treatment, mental health counseling, medications
management, and case management services in the community. This effort is supported by
State Jail Services funds
Funding
Fund Source Amount Effective Dates
State $3,000 01/01/2010— 12/31/2010
The total amount of reimbursement for this Exhibit shall not exceed $3,000, for the Exhibit
period of January 1, 2010 through December 31, 2010.
II. PROGRAM DESCRIPTION
A Goal
1. Continue to develop and provide services that reduce the growth of emergency
medical and criminal justice system involvement and costs.
2. Ensure that eligible Medicaid recipients and non-Medicaid clients receive easily
accessible mental health and co-occurring disorder services.
B. Objectives
1. To provide a DSHS financial application worker to assist RJC inmates, and Kent and
I other municipal jail inmates in South and East King County, in applying for entitlements
and publicly funded benefits
2. To improve access to substance abuse treatment, mental health counseling,
medications management, and case management services in the community for
defendants transitioning from jail to the community.
' 3. To provide increased access to DSHS application assistance for individuals being
served by the City of Kent Community Services Department.
C. Eligibility
Detained individuals at the RJC, Kent City Jail, or other municipal jail in King County
charged with a King County felony or misdemeanor, or misdemeanor charge from a
Lmunicipal court within King County, and who.
CJ/MH—City of Kent Page 1 of 3 2010 Contract—Exhibit III
1. Are applying for DSHS entitlements and other publicly funded benefits; and
2. Will not be transferred to a Washington State Department of Corrections or out-of-
county facility.
D Definitions ,
1. Financial Service Specialist: a Washington State Department of Personnel job ,
classification used within DSHS Typical duties of the Financial Services Specialist
position include the determination of eligibility for specific state and federal programs
targeted to provide basic needs, including medical services, of low-income individuals.
2. Medicaid a federally funded entitlement program providing reimbursement to qualified ,
health care providers for medical services provided to Medicaid enrollees. The
common characteristic of Medicaid enrollees is low income. ,
3. Medicaid recipient: an individual who is currently enrolled in the Medicaid program.
E Program Specific Requirements '
1. The Agency shall provide a single private office space, preferably with a lockable door,
that is available 40 hours per week, Monday through Friday, during normal business ,
hours (8 00 a.m —4:30 p.m ) The Agency shall provide the following office
equipment.
a. One desk large enough for two flat screen monitors (or separate computer desk); ,
b. One swivel chair, plus one non-swivel chair if space permits; ,
c. A minimum of one file cabinet (must be lockable if office door is not lockable),
d. Telephone;
e. A second phone line for fax machine; and
f. Network Ethernet port for computer hookup to Internet.
2. The Agency shall collaborate with DSHS to support DSHS in accomplishing the
following:
a 1 0 FTE Financial Services Specialist to assist City of Kent Jail, other municipal jail,
and RJC offender-clients in applying for Medicaid and other entitlements and DSHS
benefits, and
b. Staff training on DSHS services for City of Kent employees, if requested.
3. The Agency shall participate in program coordination via the assigned King County
Criminal Justice Initiative Project Coordinator who shall also serve as the County
contact for this Exhibit.
CJlMH—City of Kent Page 2 of 3 2010 Contract—Exhibit III
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III. COMPENSATION AND METHOD OF PAYMENT
A. Billing Invoice Package
1. The Agency shall submit quarterly a Billing Invoice Package (BIP) that consists of a
Reimbursement Request Summary (RRS) form provided by the County.
' 2. The BIP is due within 15 days after the end of each calendar quarter, except at the end
of the calendar year, the end of the state fiscal year, the end of the federal fiscal year,
and the end of the state biennium, when an earlier due date may be required.
3. The Agency shall give prior notice to their Contract Monitor before submitting
supplemental invoices The Agency shall state in the Notes section of the invoice the
' reason for submitting a supplemental RRS
4. The BIP shall be completed according to minimum standards as defined in the Mental
Health, Chemical Abuse and Dependency Services Division Standards.
' B. Method of Payment
The Agency shall be paid quarterly for office space and associated telecommunication
charges in one-fourth increments in the amount of 750 and not to exceed $3,000 for the
Exhibit period.
' IV. REPORTING REQUIREMENTS
None required,
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CJ/MH—City of Kent Page 3 of 3 2010 Contract—Exhibit III
Kent City Council Meeting
Date February 2, 2010
Category Consent Calendar - 6F
1. SUBJECT: NORTHWEST PLAYGROUNDS PURCHASE CONTRACT -
AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign a contract with
Northwest Playgrounds to purchase play equipment in the amount of $41,707.37,
and approve the contract expenditure from fee-in-lieu funds, subject to approval
of final terms and conditions by the City Attorney and the Parks, Recreation and
Community Services Director.
Parks staff is adding a third of an acre of park land to Wilson Playfields. This
space will serve as a play and picnic area for families and teams using Wilson
Playfields as well as the surrounding neighborhoods. Adding these facilities at
this community park has been identified as a need by staff and park users. The
project is being funded primarily by fee-in-lieu money received by the City from
surrounding developments. Design and construction are being done in-house to
save money.
3. EXHIBITS: Goods & Services Agreement
' 4. RECOMMENDED BY: Parks & Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
' 5. FISCAL IMPACT
Expenditure? X Revenue?
1 Currently in the Budget? Yes X No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
KENT
GOODS & SERVICES AGREEMENT
between the City of Kent and
' Northwest Playground Equipment, =Inc.
THIS AGREEMENT is made by and between the City of Kent,, a Washington municipal
corporation (hereinafter the "City"), and Northwest Playground Equipment, Inc. organized under
the laws of the State of Washington, located and doing business at PO Box 2410 Issaquah, WA
98027 P: 425-313-9161 F: 425-313-9194 (hereinafter the "Vendor").
c -
AGREEMENT
Al
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials' and/or perform the following
services for the City:
Playworld Systems Custom Challenger StruCtUre to Wilson' Playfields' England
property in Kent, Washington as described in the vendor's proposal dated
November 17, 2009 attached and incorporated as Exhibit A.
Y A
' Vendor acknowledges and understands that it is not the City's exclusive provider of these
goods, materials, or services and that the City maintains its unqualified right to obtain these
goods, materialsi and services through other sources.
TIME OF COMPLETION., Upon the effective date of this Agreement, Vendor shall
com ►Iete the work and provide all goods, materials, and services within 90 days.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Thirty
1 Eight Thousand Eighty Bight Dollars and Ninety Two Cents ($38,088 92), plus applicable
Washington State Sales Tax, for the goods, materials, and services contemplated in this
Agreement. The City shall pay the Vendor the following amounts according to the following
' schedule:
1 GOODS & SERVICES AGREEMENT - 1
(Over$10,000.00, including WSST)
i
Vendor shall submit monthly invoices in which the City shall pay from. '
r_
If the City objects to all or any portion of an invoice, it shall notify Vendor 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. 46,
.
ry
A. Defective or Unauthorized Work. The City reserves its right to withhold payment
from Vendor for any defective or unauthorized goods, materials or services. If ,
Vendor is unable, for any reason, to complete any part of this Agreement, the City
may obtain the goods, materials or services from other sources, and Vendor shall ,
be liable to the City for any additional costs,incurred by the City. "Additional costs"
shall mean all reasonable costs, including legal costs and attorney fees, incurred by
the City beyond the maximum Agreement price specified above. The City further
reserves its right to deduct these additional costs incurred to complete this ,
Agreement with other sources, from any and all amounts due or to become due the
Vendor.
B. Final Payment: Waiver of CIa s. VENDOR'S ACCEPTANCE OF FINAL PAYMENT '
SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND
PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME
REQUEST FOR FINAL PAYMENT IS MADE.
IV. INDEPENDENT CONTRACTOR. 1" e parties intend that an Independent '
Contractor-Employer Relationship,witl 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 Vendor 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 Vendor maintains and pays for its own place of business from which
Vendor's services under this Agreement will be performed.
C.re' the Vendor has an established and independent business that is eligible for a
'business deduction for federal income tax purposes that existed before the
City retained Vendor's services, or the Vendor is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Vendor 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.
GOODS & SERVICES AGREEMENT - 2
(Over$10,000.00, including WSST)
E. The Vendor has registered its business and established an account with the
state Department of Revenue and other state agencies as may be required
by Vendor's business, and has obtained a Unified Business Identifier (UBI)
number from the State of Washington.
F. The Vendor 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.
VI. CHANGES. The City may issue a written amendment for any change in the goods,
materials or services to be provided during the performance of this Agreement. If the Vendor
determines, for any reason, that an amendment is necessary, Vendor must"submit a written
amendment request to the person listed in the notice provision section of this, Agreement,
section XIV(D), within fourteen (14) calendar days of the date, Vendor knew or should have
known of the facts and events giving rise to the requested change. If the City determines that
the change increases or decreases the Vendor's costs or time for performance, the City will
make an equitable adjustment The City will attempt, in good faith, to reach agreement with the
Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will
determine the equitable adjustment as it deems appropriate The Vendor shall proceed with the
amended work upon receiving either a written amendment from the City or an oral order from
the City before actually receiving the written amendment. If the' Vendor fails to require an
amendment within the time allowed, the Vendor waives its"'right to make any claim or submit
' subsequent amendment requests for that portion of the contract work If the Vendor disagrees
with the equitable adjustment, the Vendor must complete the amended work; however, the
Vendor may elect to protest the adjustment as provided in subsections A through E of Section
VII, Claims, below.
The Vendor accepts II requirements of an amendment by: (1) endorsing it, (2) writing a
separate acceptance, or (3) not protesting in the way this section provides. An amendment that
is accepted by Vendor as provided in this section shall constitute full payment and final
settlement of all claims for contract time and for direct, indirect and consequential costs,
including costs of delays related to any work, either covered or affected by the change.
' 'VII. CLAIMS. If ,the Vendor disagrees with anything required by an amendment,
another written order, or 'an oral order from the City, including any direction, instruction,
interpretation, or determination by the City, the Vendor may file a claim as provided in this
section. The Vendor shall give written notice to the City of all claims within fourteen (14)
calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14)
calendar days of the date the Vendor knew or should have known of the facts or events giving
rise to the claim, whichever occurs first . Any claim for damages, additional payment for any
reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively
deemed to have been waived by the Vendor unless a timely written claim is made in strict
accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in
subsections A. items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
GOODS & SERVICES AGREEMENT - 3
(Over$10,000.00, Including WSST)
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS
SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the Jaw ,
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that
estimate was determined; and
5. An analysis of the progress schedule! showing the schedule change or `
disruption if the Vendor is asserting a schedule change or disruption
B. Records. The Vendor shall keep completeecords of extra costs and time incurred j
as a result of the asserted events giving rise to the claim. The City shall have
access to any of the Vendor's records needed for evaluating the protest:.,-'
The City will evaluate all claims, provided,,;,the procedures in this section are ,
followed. If the City determines that a claim is valid, the City will adjust payment
for work or time by an equitable_ adjustment. No- adjustment will be made for an
invalid protest
C. Vendor's Duty to Complete Protested Work:" In spite of!'any claim, the Vendor shall '
proceed promptly to provide the goods, materials and services required by the City
under this Agreement
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,
the Vendor also waives any additional entitlement and accepts from the City any
written Or oral order,; (including directions, instructions, interpretations, and 1
determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures
of,this-section, the-Vendor completely waives any claims for protested work and
accepts from the City,any written or oral order (including directions, instructions,
interpretations, and determination). '
Mi. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM
THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT
SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY
LIMITATIONS PERIOD.-
IX. WARRANTY. This Agreement is subject to all warranty provisions established
under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants
goods are merchantable, are fit for the particular purpose for which they were obtained, and will
perform in accordance with their specifications and Vendor's representations to City The Vendor
shall correct all defects in workmanship and materials within one (1) year from the date of the
City's acceptance of the Contract work. In the event any part of the goods are repaired, only
original replacement parts shall be used—rebuilt or used parts will not be acceptable. When
defects are corrected, the warranty for that portion of the work shall extend for one (1) year
from the date such correction is completed and accepted by the City. The Vendor shall begin to
GOODS & SERVICES AGREEMENT - 4 i
(Over$10,000.00, including WSST)
correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Vendor does not accomplish the corrections within a reasonable time as
determined by the City, the City may complete the corrections and the Vendor shall pay all costs
incurred by the City in order to accomplish the correction.
' X. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on
behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
' employment relates.
Vendor 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.
XI. INDEMNIFICATION. Vendor 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 Vendor'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„Vendor's work when completed shall not be
grounds to avoid any of these covenants of Indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS
' INDEMNIFICATION. ;THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER•
' The provisions of this-section shall survive the expiration or termination of this
Agreement.
' XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
XIII.' WORK PERFORMED AT VENDOR'S RISK. Vendor 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 Vendor's own risk, and Vendor 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.
' XIV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
GOODS & SERVICES AGREEMENT - 5
(Over$10,000.00, including WSST)
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by ,
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this ,
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution ,
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award ,
provided by law; provided, however, nothing in this','paragraph shall be construed to limit the
City's right to indemnification under Section XI of this Agreement.
D. Written Notice. All communications regarding ;phis 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 either party without the written
consent of the non-assigning parlay shall be void. If the non-assigning party gives its consent to L
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.
17
F. Modification. �No waiver; alteration, dr" 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 Vendor. .
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;shail prevail.
H. Comoli'6ri6e with Laws. The Vendor agrees to comply with all federal, state, and
municipal laws, rules; and regulations that are now effective or in the future become applicable
to Vendor's business, equipment, and personnel engaged in operations covered by this ,
Agreement or accruing out of the performance of those operations.
I. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
i
Agreement.
GOODS & SERVICES AGREEMENT - 6
(Over$10,000.00, including WSST)
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
VENDOR: CITY OF KENT:
By: By:
(signature) (signatu*,
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(title)
' DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO': ;.
VENDOR: CITY OF KENT:
' Brian L,evenhagen''
Northwest Playground Equipment, Inc. City of Kent
PO Box 2410 220 Fourth Avenue South
' Issaquah, WA 98027 Kent, WA 98032
425-313-9161 (telephone) '' (253) 856-5116"(telephone)
' 425-313-9194 (facsimile) (253) 856-6050 (facsimile)
I:
APPROVED AS TO FORM:
1
Kent Law Department
I ,
Wilson Playfields-England Proper}}"'*I�ar Fg4lpmen[
a
GOODS & SERVICES AGREEMENT - 7
(Over$10,000.00, including WSST)
DECLARATION '
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The Cityof Kent is committed to conform to Federal and State laws regarding equal o ,g g q opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative '
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the ,
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part,of the Agreement; ,
The questions are as follows:
1. I have read the attached City of Kent,administrative pohicy number 1.2. '
2. During the time of this Agreement I will not cliscriminate!ih::employment on the basis of
sex, race, color, national origin, age,-,or the"presence of all 'sensory, mental or physical '
disability.
3. During the time of this Agreement the prune contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Beford-=accep6nce of this Agreement, an adherence statement will be signed by me, the
Prime Contractor,, 'that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this ' ',; ;;;;;, day of 12010. ,
By:
For: '
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1 of 3
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 tb 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 opport'unity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will ,be appointed by the Directors of Planning, Parks, and Public
' Works Departments to assume the following duties for their respective departments.
1. Ensuring trim g�contractors, Subcontractors, consultants, and suppliers subject to these
regulations are'fa_miliar with the regulations and the City's equal employment opportunity
, policy.
' 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2 of 3
CITY OF KENT ,
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-'Mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (date), between the firm I represent and the City of
Kent. '
I declare that I complied fully with all of tit ,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 20
By:
For:
Title: '
Date:
-
EEO COMPLIANCE DOCUMENTS - 3 of 3
s � Northwest Playground Equipment, Inc.
PO Box 2410,Issaquah,WA 98027-0109
Phone(425)313.9161 FAX(425)313-9194
Email:candice alnwplayground com
QUOTE
' Quote#11117/09-CD-1
To: Wilson Playfield Date: 11/17/2009
Kent,WA
Contact Name: Brian Levenhagen Phone.
Email Fax:
Item# Qty Description Price Total Price
EQUIPMENT
IHD-168-09A 1 Playworld Systems Custom Challenger Structure which includes:
NOTE: Structure is broken out per line item below
ZZCH0039GZ 7 148"Ground Zero Posts $ 14800 $ 1,03600
ZZCH5687 1 Medium Playweb Climber to Post $ 70700 $ 70700
ZZXX0040 1 Medium Playweb For Rope Bridge $19,399 00 $ 19,399 00
' ZZCH8379 1 The Triple Vert $ 1,073,00 $ 1,07300
ZZCH8388 1 The Wail $ 2,95200 $ 2,95200
ZZCH8457 1 The Crater Arch $ 97600 $ 97600
ZZCH8467 1 The Vertical Wave $ 63200 $ 63200
ZZCH8468 2 The Spacer $ 14200 $ 28400
ZZCH8460 1 The Sky Link $ 46400 $ 46400
ZZCH0149 3 Step Around $ 15400 $ 46200
ZZCH6857 1 Critter Crossing $ 919.00 $ 910.00
ZZCH9859 7 Lollicap $ 7100 $ 49700
Z7XX0022 1 Playweb-Inground Mounting Kit $ 30900 $ 309.00
ZZXX0071 1 Activo-Ares $ 9,69900 $ 9,699.00
Zeager Woodcarpet Safety Surfacing-102 cy of chips-(1)Layer
' 1 of geotextile fabric-Will cover 2032 SF Area Use Zone to 12" $ 2,66335
Compacted Depth-Dumped at site
WA State Contract 14803 Equipment Subtotal $ 42,062 35
' Discount,NA State 15 00% $ (5,911.35)
Discount NA State 8 00% $ (212 27)
Freight $ 2,15019
Freight $ 79725
Equipment Total(less tax) $ 38,088.92
INSTALLATION
1 Installation of Play Equipment-IHD-168-09A-NOT INCLUDED
' Note: City to lay fabric&spread chips
Installation Total $
Tax 9.5% $ 3,618,45
ORDER TOTAL: $ 41,707.37
All quotes are subject to material and fuel surcharges
Acceptance of Proposal:
(Please be sure you have read, signed and understand the Terms and Conditions on Page 2 of this Quote)
7- -
s,prices and conditions listed herein are satisfactory and are hereby accepted.
Candice DeS
Sales Assistant Customer Signature Date
Thank you for considering Northwest Playground Equipment,Inc.for your
Park,Playground, Shelter and Sports Equipment requirements
PAGE 1 of 2 Revised 04/01/2009
Northwest Playground Equipment, Inc.
PO Box 2410,Issaquah,WA 95027-0109
Phone(425)3I3-9161 PAX(425)313-9194
it Email candice@nwplayground-com
Project Name: Wilson Playfleld Quote# 11117109-CD-1 ,
TERMS AND CONDITIONS
QUOTE CONDITIONS AND ACCEPTANCE: '
This quote is valid for 30 days
Orders placed or requested for delivery after these dates are subject to price increases
It Is the Buyer's responsibility to verity quantities and description of Items quoted.
Once your order has been placed,any changes including additions,deletions or color changes,will delay your shipment '
EXCLUSIONS Unless specified,this quote excludes all of the following.
Site work and landscaping
Removal of existing equipment '
Unloading,Receiving of Inventory or equipment
Storage of equipment
Equipment assembly and/or installation
Safety surfacing '
Borders or drainage requirements
Required permits
Davis Bacon or Prevailing Wage fees
FREIGHT AND DELIVERY:
Shipping Is FOB Origin
Delivery Is currently 5+weeks after order submittal.Unless otherwise noted,all equipment Is delivered unassembled
Buyer is responsible to meet and provide a minimum of 2 persons to unload truck '
A Check List,detailing all items shipped,will be mailed to you and a copy will be included with the shipment.
Buyer is responsible for ensuring the Sales Order and Item Numbers on all boxes and pieces match the Check List
Shortages or damages must be noted on the driver's delivery receipt Shortages or damages not noted become the
Buyer's financial responsibility. ,
Damaged Freight must be refused.Please notify Northwest Playground Equipment immediately of any damages.
Shortages and Concealed Damage must be reported to Northwest Playground Equipment within 10 days of delivery.
A reconsignment fee will be charged for any changes made to delivery address after order has been placed
MAINTENANCEIWARRANTY: '
Maintenance of the equipment and safety surfacing is the responsibility of the customer.
Any unauthorized alterations or modifications to the equipment(including layout)will void your warranty.
PAYMENT TERMS:50%due at time of order with balance due on delivery,unless other credit terms have been approved. '
Interest may be charged on unpaid balances at an annual rate of 18%.
RESTOCKING:Items canceled,returned or refused will be subject to a minimum 25%restocking fee.All return freight
charges are the responsibility of the Buyer
INSTALLATION:(if applicable) ,
A private locate service for underground utilities must be completed before your scheduled installation.
Site must be level and free of loose debris(this includes ground cover/chips)
A minimum 6 foot opening with good access must be available to the site for delivery trucks and Iractor.
An onsite dumpster must be provided for disposal of packaging materials '
Arrangements must be made in advance for the disposal of dirt/rocks from within the installation area
Arrangements must be made in advance for the removai/disposal of existing equipment.
Additional charges may apply If large rocks or concrete are found beneath the surface.
Access to power and water must be available.
Site supervision is quoted in 8-hour days.
Acceptance of Terms&Conditions
The Items, prices and conditions listed herein are satisfactory and are hereby accepted. '
M
Sales Assistant Customer Signature Date '
Thank you for choosing Northwest Playground Equipment
PAGE 2 of 2 Revised 0410112009
' EXHIBIT B
INSURANCE REQUIREMENTS FOR
SERVICE CONTRACTS
' Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
' insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be written
on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide
contractual liability coverage.
Commercial General Liability insurance shall be written on
' ISO occurrence form CG 00 01 and shall cover liability
arising from premises, operations, independent contractors,
products-completed operations, personal injury and
' advertising injury, and liability assumed under an insured
contract. The Commercial General Liability insurance shall be
endorsed to provide the Aggregate Per Project Endorsement
ISO form CG 25 03 11 85. The City shall be named as an
insured under the Contractor's Commercial General Liability
insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11
85 or a substitute endorsement providing equivalent
coverage.
2. Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
S. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of
$1,000,000 per accident.
' 2. Commercial General Liability insurance shall be written with
limits no less than $1,000,000 each occurrence, $2,000,000
general aggregate and a $2,000,000 products-completed
' operations aggregate limit.
EXHIBIT B (Continued ) t
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following '
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Contractor's insurance coverage shall be primary insurance as respect
the City. Any Insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor's insurance and '
shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall '
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the contractor and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Contractor's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not '
less than ANII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of ,
the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance ,
requirements as stated herein for the Contractor.
Kent City Council Meeting
Date February 2, 2010
Category Consent Calendar - 6G
1. SUBJECT: COMMUNITY ATHLETICS PROGRAMS SEXUAL
NON-DISCRIMINATION ORDINANCE - ADOPT
2. SUMMARY STATEMENT: Adopt Ordinance No. , which amends
Chapter 4.01 of the Kent City Code to add a new section 4.01.015, which
prohibits the City or groups who use City facilities for adult or youth community
athletics programs from discriminating against participants on the basis of sex.
During its 2009 session, the state legislature adopted Engrossed Substitute
Senate Bill 5967 (ESSB 5967), which prohibits sex discrimination in public
' community athletics programs. The bill provides that no city may discriminate
against any person on the basis of sex in the city's operation, conduct, or
administration of youth and adult community athletics programs. Additionally,
other groups who lease or permit city facilities for community athletics programs
must agree to this policy against discriminating on the basis of sex for youth or
adult community athletics programs. Finally, the city must publish the name,
' office address, and office telephone number of the city employee responsible for
its efforts to comply with and carry out its responsibilities under ESSB 5967.
The City's Parks, Recreation, and Community Services Department is currently
working to revise its rental forms and program descriptions to clearly identify that
no group may discriminate in program participation on the basis of sex. Because
chapter 4.01 of the Kent City Code sets forth various rules and regulations
applicable to park property, it is appropriate to amend that chapter to include a
new section setting forth the non-discrimination policy required by RCWs
35A.21.350, 49.60.500, and 49.60.505.
3. EXHIBITS: Ordinance
' 4. RECOMMENDED BY: Parks & Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
tACTION:
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 4.01
of the Kent City Code to add a new section
4.01.015 entitled "Sex Discrimination in
Community Athletics Programs - Prohibited,"
I which prohibits the City or groups who use City
facilities for adult or youth community athletics
programs from discriminating against participants
on the basis of sex.
RECITALS
A. During its 2009 session, the state legislature adopted
Engrossed Substitute Senate Bill 5967 (ESSB 5967) which prohibits sex
discrimination in public community athletics programs. The bill provides
that no city may discriminate against any person on the basis of sex in the
city's operation, conduct, or administration of youth and adult community
athletics programs. Additionally, if a city issues a lease or permit to a
third-party to use city facilities for a community athletics program, the city
must adopt a policy that specifically prohibits the lessee or permittee from
discriminating against any person on the basis of sex in the third-party's
operation, conduct, or administration of youth or adult community athletics
programs. Finally, the city must publish the name, office address, and
office telephone number of the city employee responsible for its efforts to
comply with and carry out its responsibilities under ESSB 5967. The
1 Community Athletics Program—
No Discrimination on the Basis of Sex
I
sections of ESSB 5967 applicable to the City of Kent are codified at RCWs
35A.21.3501 49.60.500, and 49.60.505.
B. ESSB 5967 defines a community athletics program as "any
athletic program that is organized for the purposes of training for and
engaging in athletic activity and competition and that is in any way
operated, conducted, administered, or supported by a city, town, county,
district, or school district other than those offered by the school and
created solely for the students by the school."
C. At a minimum, the City should attempt to include the non-
discrimination policy in any publication that includes information about the
City's own athletics programs or that includes information about obtaining
a permit for operating athletics programs, and the policy should be
included on the appropriate city, town, county, or district web site. '
D. The City's Parks, Recreation, and Community Services
Department is currently working to revise its rental forms and program
descriptions to clearly identify that in using City park facilities for adult or
youth community athletic programs, no group may discriminate in program
participation on the basis of sex. Because chapter 4.01 of the Kent City
Code sets forth various rules and regulations applicable to park property, it
is appropriate to amend that chapter to include a new section setting forth
the non-discrimination policy required by RCWs 35A.21.350, 49.60.500,
and 49.60.505.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
2 Community Athletics Program—
No Discrimination on the Basis of Sex
ORDINANCE
SECTION 1. - Amendment. Chapter 4.01 of the Kent City Code is
amended to add a new section 4.01.015, entitled "Sex discrimination in
community athletics programs - Prohibited," as follows:
Sec. 4.01.015. Sex discrimination in community athletics
programs - Prohibited.
A. In accordance with RCWs 35A.21.350, 49.60.500, and 49.60.505,
as now enacted or later amended, it is the policy of the City of Kent that
no community athletics program for youths or adults, either operated,
conducted, or administered by the City or a third party who uses City
facilities, may discriminate against any person on the basis of sex.
B. A "community athletics program" shall have the meaning ascribed to
it by RCW 49.60.500, as now enacted or later amended.
C. Any questions regarding this policy shall be directed to the City's
Recreational and Cultural Superintendent, 220 Fourth Avenue South, Kent,
WA 98032, (253) 856-5100.
SECTION 2. - Severabilitv. If any one or more section,
subsections, or sentences of this ordinance are held to be unconstitutional
or invalid, such decision shall not affect the validity of the remaining
portion of this ordinance and the same shall remain in full force and effect.
SECTION 3. - Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; references to other local, state or federal laws,
codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
3 Community Athletics Program—
No Discrimination on the Basis of Sex
1
i
SECTION 4. - Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of January, 2010.
APPROVED: day of January, 2010.
PUBLISHED: day of January, 2010.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
P\Cvd\Ordinance\SexDiscnmmation-CommunityAthleticsPmg ram door
4 Community Athletics Program—
No Discrimination on the Basis of Sex
Kent City Council Meeting
Date February 2, 2010
Category Consent Calendar - 6H
1. SUBJECT: ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT
AGREEMENT - AUTHORIZE
2. SUMMARY STATEMENT: Ratify the Mayor's signature on the Energy
Efficiency and Conservation Block Grant Agreement with the U.S. Department of
Energy for $845,400, accept the grant funds, amend the budget, and approve
expenditure of funds in the Facilities Budget.
In June 2009, the Parks Director reported to the Parks Committee that the
Department of Energy (DOE) announced that stimulus funds were available
through The American Recovery and Reinvestment Act of 2009. These formula-
based grants under the Energy Efficiency and Conservation Block Grant (EECBG)
Program are provided through the DOE.
Staff proceeded to evaluate two large city projects for funding eligibility and the
Centennial Building HVAC Upgrade Project was chosen. Staff applied for the
grant in July and received notice of award on November 25, 2009, in the amount
of $845,400.
The agreement arrived electronically from the DOE in mid-December. The City
was asked to sign and return that agreement within five days. After confirming
with the City Attorney's office, the Mayor signed the agreement with the
understanding that ratification would be sought by the Parks Committee and
Council in 2010. Expenditure of these funds will not occur until late in the first
quarter of 2010, and if the City Council chooses not to ratify, the City will have
time to nullify this signed agreement with DOE.
3. EXHIBITS: Assistance Agreement with DOE
4. RECOMMENDED BY: Parks & Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
�y 5. FISCAL IMPACT
Expenditure? X Revenue? X
Currently in the Budget? Yes X No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Page 57
NOT SPECIFIED /OTHER
ASSISTANCE AGREEMENT
1 Award No 2 Modification No 3 Effective Date 4 CFDA No
DE-S00003041 1 11/24/2009 81 128
5 Awarded To 6 Sponsoring Office 7. Period of Performance
KENT, CITY OF PARKS & RECREATION EERE (FORS) 11/24/2009
�!Attn: Jeff Watling U.S Department of Energy through 2
220 4 AVENUE S Office of Energy Efficiency & Renewable 11/23/201
KENT WA 980325895 Forrestal Building
1000 Independence Avenue, SW
Washington DC 20585
8 Type of Agreement 9 Authority 10 Purchase Request or Funding Document No
Fx Grant Energy Independence and Security Act 10S0000422
cooperative Agreement (EISA) of 2007
❑ Other
11 Remittance Address 12 Total Amount 13 Funds Obligated
KENT, CITY OF PARKS & RECREATION Govt. Share: $845,400.00 This action: $845,400.00
Attn. DEBRA LEROY Cost Share : $589,808 00 Total $845,400.00
220 4 AVENUE S Total : $1,435,208 00
KENT WA 980325895
14 Principal Investigator 15 Program Manager 16 Administrator
Jeff Watling, 253-856-5100 Martha J. Kass Oak Ridge
Phone 665-576-0717 U.S. Department of Energy
P 0. Box 2001
Oak Ridge TN 37831
17 Submit Payment Requests To 18 Paying Office 19 Submit Reports To
OR for Oak Ridge/OSTI See Reporting
U S. Department of Energy Requirements Checklist
Oak Ridge Office
Oak Ridge Financial Service Center
P 0 Box 6017
Oak Ridge TN 37831
20 Accounting and Appropriation Data
Block Grants
i
21 Research Title and/or Description of Project
EECBG - CITY OF KENT PARKS, REC. & COMMUNITY SERVICES
For the Recipient For the United Slates of America
22 Signature of Peron Authorized to Sign 25 Signature of Grants/Agreements Officer
23:'M!
and Title 24 Date Signed 26 Name of Officer 27 Date Signed
Z2_T ` Oa �p 0.�+ 9 BEVERLY HARNESS 11/24/2009
NOT SPECIFIED /OTHER
Page 58
NOT SPECIFIED /OTHER
REFERENCE NO OF DOCUMENT BEING CONTINUED PAGE OF
CONTINUATION SHEET DE-SCDO03041 2 I 2
NAME OF OFFEROR OR CONTRACTOR
KENT, CITY OF PARKS & RECREATION
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
(A) (B) (C) (D) (E) (F)
DUNS Number: 020253613
TAS 89 0331: •TAS Recovery Act Block Grant for
ARRA funding New Award for City Of Kent, WA.
Administrative Specialist Casey Willis
Tel: 865 574-1322 E-Mail williscg�oro doe.gov
ASAP Yes Extent Competed. NOT AVAIL FOR COMP
Davis-Bacon Act. YES
Delivery Location Code- 00522
Oak Ridge Office
U.S. Department of Energy
Oak Ridge Office
230 Warehouse Road
Oak Ridge TN 37830
Payment:
OR for Oak Ridge/OSTI
U S Department of Energy
Oak Ridge Financial Service Center
P 0 Box 6017
Oak Ridge TN 37831
Fund 05796 Appr Year: 2009 Allottee• 30 Report
Entity 471999 Object Class 41000 Program
1005115 Project- 2004350 WFO 0000000 Local Use:
0000000 TAS Agency. 89 TAS Account 0331
I�
A ily 2004
NOT SPECIFIED /OTHER
Kent City Council Meeting
Date February 2, 2010
Category Consent Calendar - 6I
1. SUBJECT: S. 228TH ST. BURLINGTON NORTHERN SANTA FE/FEDERAL
HIGHWAY ADMINISTRATION SECTION 129 GRANT FUNDS -
ACCEPT
2. SUMMARY STATEMENT: Authorize the Mayor to accept federal funds in the
amount of $122,500 towards the S. 2281h Street Grade Separation projects, to
sign all necessary documents, and to direct staff to establish a budget for the
funds.
In 2008 the City was notified of this federal earmark. At that time, the Grade
Separation Projects at both the Union Pacific (UP) and BNSF railroad crossings on
S. 228th Street were considered as one project. The City was in the process of
breaking them out into two projects. Funds cannot be obligated until specific
criteria have been met. The process is nearly complete and the City will soon be
able to obligate these funds.
i
3. EXHIBITS: Public Works Memorandum dated 1/25/10
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? ` Revenue? X
Currently in the Budget? Yes X No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
5
I PUBLIC WORKS DEPARTMENT
Timothy J LaPorte, P E , Public Works Director
Phone, 253-856-5500
KENT Fax- 253-856-6500
W A S"'"G T 0" Address 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: January 25, 2010
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: January 25, 2010
From: Mark Madfai, Design Engineering Supervisor
Through: Timothy J. LaPorte, P.E., Public Works Director
Subject: S. 228`h St. Grade Separations STP
Motion:
Recommend Council authorize the acceptance of federal funds in the amount of
$122,500 for the S. 228th Street Grade Separations and direct staff to establish a
budget for the funds.
Summary:
The City was notified of this federal earmark in March 2008. At that time the Grade
Separation Project at the Union Pacific (UP) and BNSF was considered as one
project. The City was in the process of breaking out the federal project into two
separate projects to simplify the budgeting and accounting since the timing of work
at the UP was unknown. Separating out the projects includes revising the
environmental documentation, modifying the State Transportation Improvement
Plan (STIP) through the Puget Sound Regional Council (PSRC) and modifying and
preparing a new Local Agency Agreement with WSDOT. The funds cannot be
obligated until this process was completed. At this time the process is nearly
complete and City will soon be able to obligate these funds.
Budget Impact:
The City will receive $122,500 of additional federal funding for the 2281h St. Grade
Separations.
7
' � Washington State '@mnspodation BuElding
`6� % aepairtB'd ent of T'Uransporiav',1on 310 Maple Park Avenue S E
PaWa J. Hammond, P.E. P O Box47300
Secretary of Transportation Olympia,WA 98504-7300
March 12, 2008 360-705-7000
TTY i-800-833-6388 "
Mr. Larry Blanchard wmm wsdot wa gov
Public Works Director
City of Kent
220 Fourth Avenue South
Kent, WA 98032-5895
FFY 2008—Section 129
S 2281h at BNSF
Demo ID: WA291
Dear Mr. Blanchard:
WSDOT is pleased to advise you that the Federal Highway Administration (FHWA) has
allocated the Section 129 projects identified in the FFY 2008 Consolidated Appropriations
Act.
The total amount of federal-aid funding allocated for your project is $122,500. This is the
designated amount after FHWA applied the two percent rescission set in the Consolidated
Appropriations Act. These federal funds require no local match and are provided at 100
percent federal share.
WSDOT requires a Quarterly Project Report form be completed by the end of March,June,
September, and December. The online database can be found at the following website:
http://www.wsdot.wa gov/TA/ProaMgdOPR/OPR.html. To access the database, your
account name is Kent and password is Kent001 (the password is case sensitive).
1 To obligate funding for the project, please refer to your Local Agency Guidelines (LAG)
manual. Projects utilizing federal funds must be included in your current Transportation
Improvement Program (TIP). Once your TIP amendment is complete, WSDOT will
amend the Statewide Transportation Improvement Program (STEP). Project expenditures
are not eligible for reimbursement until after we provide notice that the funds are
obligated.
Should you have any questions on how to pursue this project, please contact Ed Conyers,
your Region Local Programs Engineer at 206.440.4734.
iSincerely,
gKathleen B. Davis
Director
Highways &Local Programs Division
cc: Bob Drewel, Puget Sound Regional Council _
Ed Conyers, Northwest Region Local Programs Engineer, NB82/121
Kent City Council Meeting
Date February 2, 2010
Category Consent Calendar - 61
1. SUBJECT: CONVEYANCE OF SANITARY SEWER EASEMENT TO
KING COUNTY - AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to execute the attached
sanitary sewer easement to King County, subject to final terms and conditions
acceptable to the Public Works Director and the City Attorney.
In July of 2009 Council approved an interlocal agreement with King County to
transfer of drainage facilities and property including Tract A of the Oakhill Plat,
tax parcel number 630600-0200 (Tract A). This easement provides King County
the right to construct and maintain a sanitary sewer through Tract A.
i
3. EXHIBITS: Public Works Memorandum dated 1/25/10, Wastewater Utility
Easement, and maps
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
` 5. FISCAL IMPACT
Expenditure? N/A Revenue?
Currently in the Budget? Yes N/A No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
i 9
PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone 253-856-5500
KEN T Fax 253-856-6500
WASHINGTON Address' 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: January 25, 2010
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: January 25, 2010
From: Mike Gillespie, Development Engineering Manager
Through: Timothy J. LaPorte P.E., Public Works Director
Subject: Convey Sanitary Sewer Easement to King County
Motion:
Move to authorize the Mayor to execute the attached sanitary sewer
easement to King County. The final easement shall be subject to the
approval of the Public Works Director and the City Attorney.
Summary:
On July 21, 2009, Council approved the Interlocal Agreement between King County and
the City of Kent for the Transfer of Drainage Facilities and property interest. Included
within the storm drainage tracts to be deeded by King County to the City is Tract A of
the Oakhill plat, tax parcel number 630600-0220 ("Tract A"). King County's Kent
Auburn Conveyance Systems Improvement Project, Permit RECC 2091941 ("Project")
includes sanitary sewer improvements within Tract A. King County needs a sanitary
sewer easement from the City over Tract A for the future construction of these regional
sewer improvements.
The regional sewer improvements do not interfere with the City's use of Tract A for a
storm detention pond/facilities and the regional sewer improvements are of a benefit to
the public including the City of Kent The Public Works department recommends
approval of the easement to King County at the same time King County conveys Tract
A to the City of Kent by Quit Claim Deed.
The sanitary sewer easement is attached.
Budget Impact:
None
it
WHEN RECORDED RETURN TO:
Development Review/Property Services
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Grantor: City of Kent
Grantee: King County, a political subdivision of the State of Washington
Abbreviated Legal Description: Portion of Tract A, Oakhill, According to the plat
thereof recorded in Volume 166 of plats, pages 51 through 53, records
of King County Washington
Additional Legal Description on page: Exhibit A of Document.
Assessor's Tax Parcel ID No. 630600-0220 STR: SE 29-22-5
Project Name: King County Wastewater Treatment Division. Kent/Auburn
Conveyance System Improvement Project
1 Permit No. RECC-2091941
WASTEWATER UTILITY EASEMENT
City of Kent, a municipal corporation ("Grantor"), for and in consideration of
mutual benefits derived and/or other valuable consideration, receipt which is hereby
acknowledged by Grantor, grants, conveys, and quit claims to King County, a political
subdivision of the State of Washington (Grantee), its successors and assigns, a
Wastewater Utility Easement (Easement) with necessary appurtenances, for the
installation, operation, maintenance, extension, construction, alternation,
reconstruction and repair of a wastewater conveyance pipeline and appurtenances (the
Facilities), over, under, through, across and upon the following described real property
(Easement Area), situated in King County, Washington:
SEE EXHIBIT "A" and EXHIBIT "B" ATTACHED
WASTEWATER UTILITY EASEMENT-Page 1 of 3
12
Together with the right of reasonable ingress and egress from the Easement Area for
the foregoing purposes.
Grantee shall have the right, without prior institution of suit or proceeding at law,
at times as may be necessary, to enter upon the above-referenced property and
immediately adjacent incidental areas with the necessary equipment for the purposes of
altering, installing, operating, maintaining, extending, constructing, repairing, and
reconstructing the Facilities, or making connections to the Facilities, without incurring
any legal obligation or liability; provided, however, that improvements existing within
this Easement Area and the immediately adjacent incidental areas shall not be
disturbed or destroyed, or in the event they are disturbed or destroyed, they will be
replaced in as good a condition as they were immediately before the properties were
entered upon by the Grantee.
Grantor shall retain the right to use the surface of the Easement Area, including
the immediately adjacent incidental areas, so long as that use does not interfere with
the Grantee's uses described in this document. Under no circumstances shall Grantor
place any cement, concrete or any other structures on the Property described in this
document. Grantor shall not change the surface grades, except as approved in
advance by the Grantee, in any manner which would unreasonably interfere with
ingress, egress and access by the Grantee for installation and/or normal maintenance
of the Facilities.
Grantee shall at all times exercise its rights under this easement in accordance
with the requirements of all applicable statutes, orders, rules and regulations of any
public authority having jurisdiction. Grantee accepts the Easement Area in its present
physical condition, AS IS. Grantee does hereby release, indemnify and promise to
defend and save harmless Grantor from and against any and all liability, loss, damage,
expense, actions and claims, including costs and reasonable attorney's fees incurred by
Grantor in connection therewith, arising directly or indirectly on account of or out of the
exercise by Grantee, its servants, agents, employees and contractors of the rights
granted in this Easement.
This Easement shall be a covenant running with the land, and shall bind
Grantor's successors and assigns and all future owners of the real property affected by
this Easement.
GRANTOR(S):
by:
its
DATE:
WASTEWATER UTILITY EASEMENT-Page 2 of 3
13
STATE OF WASHINGTON )
)SS
COUNTY OF KING )
On this day of , 20 , before me the
undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared to me
known to be the Mayor of
the corporation that executed the foregoing
instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said corporation, and for the uses and purposes
therein mentioned, and on oath stated that is authorized to
execute the said instrument and that the seal affixed is the corporate seal of
said municipality.
WITNESS my hand and official seal hereto affixed the day and year
first above written.
Print Name:
Notary Public in and for the State of Washington,
residing at
My Commission Expires
APPROVED AS TO FORM:
City Attorney
P:\Civil\FORMS\Deeds,Easm'ts,Leases,&etc\PropertyManager orms\Standard Easement-Corporate.doc
WASTEWATER UTILITY EASEMENT-Page 3 of 3
i
Permanent Sewer Easement
City of Keut Property,
Tax Parcel No.6300041220
That partioc of Tract A,Ciakhitf,WWbrtiin-to the plat thereo r-cW;rdzd in Vblunle l 66 oMaYs
pages$1.1hrough 531,rccosds of Mcg Co-unty.Wasltuxg n,dascribed as t`allnurs:
Begimdn v<tt the northeast coriww df said I-act A;
thence along the noj1b y line of said tract,North 8$,'V5P'West 29.75 feet;
thence$euth'21`31`19-'East 57.30 fect;
thcna; Scsuttt il?"12'S8-'I✓asG 8.00 ftut to t}i�,tastcrig°linU ofsatd tract,
tlience along said easterly lice,North 00`47'02"-Fast 52.70 ibet t10 the PoIld ofBegittniztg,
Containing-996 Square Feet_
EXITIBIT B nitacb d and by tlus rek=oe rnade a piA herd
N4`LS -1_`sue cS
✓t Y3
s
3 �-
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per Recr No 9,411101495� ' )i s'�,@, j
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Exhibit B
Scale- To i'"- 1pevy a Legal Peg'mp;4ri Fri p
r,'S 1tYia $Imet
1"` 41Y Permanent Sever 5asement within Tract'A
SrzY;e kt;lhs:u{?G:3 Job No,
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1 DEDICATION , 40 Ag 14 '11
KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS OF
INTEREST IN THE LAND HEREBY SUBDIVIDED, HEREBY DECLARE THIS PLAT TO BE
THE GRAPHIC REPRESENTATION OF THE SUBDIVISiON MADE HEREBY, AND DO
HEREBY DEDICATE TO THE USE OF THE PUBLIC FOREVER ALL STREETS AND
AVENUES NOT SHOWN AS PRIVATE HEREON AND DEDICATE THE USE THEREOF FOR
ALL PUBLIC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF FOR PUBLIC
HIGHWAY PURPOSES, AND ALSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR
CUTS AND FILLS UPON THE LOTS SHOWN THEREON IN THE ORIGINAL REASONABLE
GRADING OF SAID STREETS AND AVENUES, AND FURTHER DEDICATE TO THE USE
OF THE PUBLIC ALL THE EASEMENTS AND TRACTS SHOWN ON THIS FLAT FOR ALL
PUBLIC PURPOSES AS INDICATED THEREON, INCLUDING BUT NOT LIMITED TO
PARKS, OPEN SPACE, UTILITIES AND DRAINAGE UNLESS SUCH EASEMENTS OR
TRACTS ARE SPECIFICALLY IDENTIFIED ON THIS PLAT AS BEING DEDICATED OR
CONVEYED TO A PERSON OR ENTITY OTHER THAN THE PUBLIC, IN WHICH CASE WE
DO HEREBY DEDICATE SUCH STREETS, EASEMENTS, OR TRACTS TO THE PERSON OR
ENTITY IDENTIFIED AND FOR THE PURPOSE STATED,
FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED, WAIVE
FOR THEMSELVES, THEIR HEIRS AND ASSIGNS AND ANY PERSON OR ENTITY
DERIVING TITLE FROM THE UNDERSIGNED, ANY AND ALL CLAIMS FOR DAMAGES
AGAINST KING COUNTY, ITS SUCCESSORS AND ASSIGNS WHICH MAY BE OC-
CASIONED BY THE ESTABLISHMENT, CONSTRUCTION, OR MAINTENANCE OF ROADS
AND/OR DRAINAGE SYSTEMS WITHIN THIS SUBDIVISION OTHER THAN CLAIMS
RESULTING FROM INADEQUATE MAINTENANCE BY KING COUNTY.
FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED, AGREE
FOR THEMSELVES, THEIR HEIRS AND ASSIGNS TO INDEMNIFY AND HOLD KING
COUNTY, ITS SUCCESSORS AND ASSIGNS, HARMLESS FROM ANY DAMAGE, INCLUD-
ING ANY COSTS OF DEFENSE, CLAIMED BY PERSONS WITHIN OR WITHOUT THIS
SUBDIVISION TO HAVE BEEN CAUSED BY ALTERATIONS OF THE GROUND SURFACE,
VEGETATION, DRAINAGE, OR SURFACE OR SUB-SURFACE WATER FLOWS WITHIN
THIS SUBDIVISION OR BY ESTABLISHMENT, CONSTRUCTION OR MAINTENANCE OF
THE ROADS WITHIN THIS SUBDIVISION. PROVIDED, THIS WAIVER AND INDEM-
NIFICATION SHALL NOT BE CONSTRUED AS RELEASING KING COUNTY, ITS
SUCCESSORS OR ASSIGNS, FROM LIABILITY FOR DAMAGES, INCLUDING THE COST
OF DEFENSE, RESULTING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF KING
COUNTY, ITS SUCCESSORS, OR ASSIGNS.
THIS SUBDIVISION, DEDICATION, WAIVER OF CLAIMS AND AGREEMENT TO HOLD
HARMLESS IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE
DESIRES OF SAID OWNERS.
IN ESS WHEREOF W HAV SET OUR HANDS AND SEALS.
WILLIAM E. RUTH
WASHINGTON FEDERAL SAVINGS
18
INTERLOCAL AGREEMENT BETWEEN KING COUNTY
AND THE CITY OF KENT
FOR THE TRANSFER OF DRAINAGE FACILITIES AND PROPERTY INTERESTS
This Agreement is hereby entered into between the City of Kent("City")and Ding County
(collectively known as"the Parties");to transfer from King County to the City ownership of and
responsibility for drainage facilities and drainage property interests("Agreement").
WHEREAS,the City has an established program of services to address the management of storm
and surface water runoff,and
WHEREAS,the City has annexed areas containing drainage systems, including facilities and
property interests,previously owned and operated by the County but now serving areas incorporated into
the City,and
WHEREAS,The City and the County believe that it is in the best interest of the public that King
County transfer to the City ownership of and/or responsibility for drainage facilities and drainage property
interests within the municipal boundaries of the City to be managed under the City's surface water
management program; and
WHEREAS,pursuant to RCW 39.34,the Tnterlocai Cooperation Act,the Parties are each
authorized to enter into an agreement for cooperative action;
NOW THEREFORE,the Parties agree as follows:
L Purpose of the Agreement
The purpose of this Agreement is to set forth the process by which King County will transfer to
the City,in perpetuity,ownership of and/or responsibility for specific drainage facilities and
drainage property interests located within the City limits.
II. Administration
A. The City and King County shall each appoint a representative to manage activities and to
resolve any conflicts that arse under this agreement.("Administrators"). The
Administrators shall meet as needed to fulfill their duties. Either Administrator is authorized
to convene a meeting with a minimum of ten(10)calendar days written notice to the other.
B. Any management issue or conflict that is not resolved by the Administrators within ten(10)
working days of the meeting held to discuss the same shall be referred for resolution to the
1
19
City's Public Works Development Manager,or his/her designee,and the King County Water
and Land Resources(WLR)Division Director,or his/her designee. If the issue or conflict
cannot be resolved by the Development Manager and the WLR Division Director,it shall be
resolved by the City's Public Works Director,or his/her designee,and the Director of the
King County Department of Natural Resources and Parks(DNRP)within forty-five(45)
working days.
III. Responsibilities of the Parties
A. King County Responsibilities
1. On the effective date of this Agreement,the drainage facilities identified and listed in
Exhibit One,attached and incorporated to this Agreement,are transferred to the City,
and the City shall assume full and complete responsibility for the operation,
maintenance,repair, and any subsequent improvements to these drainage facilities and
all liability arising from such responsibilities. Responsibilities include all financial
responsibilities,including but not limited to financial responsibility for materials,
construction,personnel,payroll,and purchasing costs. The Parties acknowledge that
prior to the execution of this Agreement the City had assumed operation and
maintenance responsibility for the facilities listed on Exhibit One, such responsibility
was assumed on the date of annexation of the land on or in which the facility is located
or on the date of acceptance of the facility for maintenance and operation following
upon construction completion,as applicable to each facility.
2. As soon as is practicable after the Parties have executed this Agreement,King County
will convey to the City by quit claim deed in substantially the same form as Exhibit
Two, attached and incorporated to this Agreement,the drainage facility property
interests identified in Exhibit Three,attached hereto and incorporated herein and made
a part hereof,subject to all rights,conditions,covenants,obligations,limitations and
Treservations of record for such property interests The City agrees to accept the quit
claim deeds and to abide by and enforce all existing rights,conditions,covenants,
obligations,limitations and reservations for the drainage facility property interests.
3. To the extent luiown and available to King County,King County has furnished the City
with a list of any and all contracts or other agreements,rights,obligations,restrictions,
or dedications related to operations,conditions,ownership,or use of the conveyed
2
zo
property interests. King County has also provided the City a copy of each such
contract,agreement,right, obligation,or restriction to the extent known and available to
King County.
4. Within 180 days of the effective date of this Agreement,King County shall provide the
City,copies of all warranties,maps,titles, "as builts," maintenance logs and records,
maintenance and performance standards,and any and all other records related to the
facilities and property interests listed in Exhibits One and Exhibit Three,to the extent
known and available to King County.
5. In the event legal action is brought or threatened against the City or the City and King
County jointly with regard to the facilities or property interests listed in Exhibits One
and Exhibit Three,King County shall provide the City access to all relevant
information that is maintained by the County in connection with such facilities and
property interests.
B. City Responsibilities
1. On the effective date of this Agreement,the City shall assume full and complete
ownership of and responsibility for the operation,maintenance,repairs,and any
subsequent improvements to the drainage facilities listed in Exhibit One, and all liability
arising from such ownership and responsibilities. Responsibilities include all financial
responsibilities,including but not limited to financial responsibility for materials,
construction,personnel,payroll, and purchasing costs.
2. The City agrees to operate and maintain the drainage facilities listed in Exhibit One as
designed,and,at a minimum,to the same maintenance standards as those set forth by
King County in the adopted King County Surface Water Design Manual or the City's
adopted surface water design manual to ensure that the local and watershed-wide effects
of said facilities shall not be diminished from the level existing on the effective date of
the Agreement.
3. Upon delivery of the quit claim deed(s)to the City,as provided for in III.A.2.of this
Agreement,the City shall accept the full rights and responsibilities of ownership of the
drainage property interests conveyed in such deed.
4. The City shall abide by and enforce all terms,conditions,reservations,restrictions,and
covenants to title conveyed in the drainage property interests.
i
3
I
21
S. in the event that legal action is brought or threatened against King County or King
County and the City jointly with regard to the facilities or property interests listed in
Exhibits One and Exhibit Three,the City shall provide King County access to all relevant
information that is maintained by the City in connection with such facilities and property
interests.
6 The City accepts the facilities in"as is"condition. The County makes no warranty
1 concerning such facilities other than as set forth in this Agreement. The City assumes
full and complete responsibility for all opeiations,maintenance,repairs,and
' improvements,as performed by the City,for the drainage facility property interests.
C. Both Parties
1. Shall make staff available to identify and review any County-owned property interests or
drainage facilities in addition to those listed in Exhibit One and Exhibit Three that are to
be conveyed to the City. Additional County-owned drainage facilities and/or drainage
property interests shall be transferred to the City pursuant to this Agreement upon the
County's approval,including,where required,the adoption of an ordinance authorizing
the transfer of King County owned drainage properties. The transfer of responsibility for
these drainage property interests and/or facilities shall be memorialized in a written
Addendum to this Agreement which includes identification of the specific facilities and
the date of transfer. The Addendum shall be signed by the City's Mayor and the WLR
Division Director or his/her designee. Such an Addendum, shall not constitute,nor be
construed as requiring, an amendment to this Agreement.Copies of any deeds for
1 drainage property interests that are conveyed to the City pursuant to the terms of this
Agreement shall be attached to this Agreement as Addenda,but shall not constitute,nor
be construed as iequinng,an amendment to this Agreement.
2. The records related to matters covered by this Agreement are subject to inspection,
review or audit by King County or the City at the requesting party's sole expense.Such
recoids shall be made available for inspection during regular business hours within a
reasonable time of the request.
IV. Effectiveness,Termination and Amendment
A. This Agreement is effective upon execution by both Parries.
4
1
22
B. This Agreement is of indefinite duration and shall continue in existence until terminated by
mutual written agreement of the Parties.
C. Notwithstanding termination of this Agreement,all facilities and property interests
transfened pursuant to this Agreement shall remain the City's, unless the County consents to
accept said facilities and property interests in writing, as approved by the King County
Council.
D. This Agreement may be amended,altered,or clarified only by written agreement of the
Parties,
E. This Agreement is a complete expression of the terms hereto and any oral or written
representations or understandings not incorporated herein are excluded.The parties
recognize that time is of the essence in the performance of the provisions of this Agreement.
Waiver of any default shall not be deemed to be a waiver of any subsequent default.Waiver
of breach of any provision of this Agreement shall not be deemed to be a waiver of any other
or subsequent breach and shall not be construed to be a modification of the terms of the
Agreement unless stated to be such through written addenda approval by the Parties and
attached to the original Agreement.
V. Indemnification and Hold Harmless
A. King County shall indemnify and hold harmless the City and its elected officials, officers,
agents or employees,or any of them,from and against any and all claims,actions,suits,
liability,loss,costs,expenses and damages,which are caused by or result from a negligent
action or omission of King County,its officers, agents and employees in performing its
obligations pursuant to this Agreement
In the event that any suit based upon such a claim,action,loss or damage is brought against
the City or the City and King County,King County shall defend the same at its sole cost and
expense and,if final judgment be rendered against the City and its elected officials,officers,
agents and employees or jointly against the City and King County and their respective
elected officials,officers,agents and employees,King County shall satisfy the same.
B. In executing this Agreement, the County does not assume liability or responsibility for or in
any way release the City from any liability or responsibility which arises in whole or in part
from the existence or effect of City ordinances,rules or regulations.If any cause,claim,suit,
action or administrative proceeding is commenced in which the enforceability and/or
5
23
validity of any such City ordinance,rule or regulation is at issue,the City shall defend the
same at its sole expense,and if judgment is entered or damages are awarded against the City,
the County or both,the City shall satisfy the same,including all chargeable costs and
attorney's fees.
I C. The City shall indemnify and hold harmless King County and its elected officials, officers,
agents and employees,or any of them, from and against any and all claims,actions, suits,
1 liability,loss,costs,expenses and damages,which are caused by or result from a negligent
act or omission of the City,its officers,agents and employees in performing obligations
pursuant to this Agreement.
In the event that any suit based upon such a claim,action,loss or damage is brought against
King County or King County and the City,the City shall defend the same at its sole cost and
' expense and, if final judgment be rendered against King County and its officers,agents and
employees or jointly against King County and the City and their respective officers,agents
and employees, the City shall satisfy the same.
D. In executing this Agreement,the City does not assume liability or responsibility for or in any
way release the County from any liability or responsibility which arises in whole or in part
from the existence or effect of County ordinances,rules or regulations.If any cause,claim,
suit,action or administrative proceeding is commenced in which the enforceability and/or
validity of any such County ordinance,rule or regulation is at issue,the County shall defend
I the same at its sole expense,and if judgment is entered or damages are awarded against the
County,the City or both,the County shall satisfy the same,including all chargeable costs
and attorney's fees.
1
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24
E. Each Party to this Agreement shall immediately notify the other of any and all claims,
actions,losses or damages that arise or are brought against that Party relating to or
pertaining to the sites identified in the Agreement Exhibits One and Exhibit Three. 1
F. Each Party agrees that its obligations under this Section V extend to any claim,
demand, and/or cause of action brought by or on behalf of any employees,or agents.
For this purpose,each Party,by mutual negotiation,hereby waives,with respect to
the other party only, any immunity that would otherwise be available against such
claims under the Industrial Insurance provisions of Title 51 RCW.
G The indemnifications provided for in this Section V shall survive the termination of this '
Agreement_
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the last date signed below.
Approved as to form: KING COUNTY:
Deputy Prosecuting Attorney King County Executive
Date:
CITY OF KENT,
City Attorney'&Office Ciry entMayor
Date�Lr711;q
�
7
i 25
Drainage Facilities Exhibit One
in City of Kent
Ori publlcc
D9 FACILITY NAA4E• �ACIUTY ADRESS owned tradf? jf ypzj,•parrefl
D91697 IADRIAN PLACE 40TH AVE S &S 270TH Y 0059500390
D91370 AHAMAY ESTATES 25303 119TH PL N
_D91322 ALPINE VILLAGE ESTATES 14334 SE 258TH PL N
691 779 ASHLEY MEADOWS 25046 119TH AVE SE N
091280 ASHLEY MEADOWS 25034 119TH AVE SE N
D91403 BOLTS ADDITION 13216 SE 276TH ST N
691884 CHANCELLOR CREST SE 241 ST& 129TH CT SE N
' D91885 CHANCELLOR CREST SE 241 ST& 129TH CT SE N
D91886 CHANCELLOR CREST SE 129TH CT& SE 243RD N
691 887 CHANCELLOR CREST 24400 129TH AVE SE N
D91627 CHESTNUT RIDGE 9500 SE 204TH PL Y 1561910320
D91628 CHESTNUT RIDGE 9600 SE 203RD PL Y 1561930100
691 991 CHESTNUT RIDGE DIV 4 SE 204TH& 100TH AVE SE N
D92226 COUNTRY CLUB VILLAGE 139th PI. SE/252nd PI. SE Y 1786700370
D90477 COUNTRYSIDE N
D91542 COUNTRYSIDE 13206 SE 249TH ST N
092165 DRAVON 27127 137TH AVE SE Y 2108500320
D91346 EASTWIND 14418 SE 256TH PL N
D91347 HEATHERGLEN ESTATES SE 253rd at 134th Ct SE Y 3211580220
D90149 HEATHERWILD N
D90620 HIGH MEADOW N
690 330 HYCROFT SE 273rd PL/126 PI SE Y 3546000790
D90917 HYCROFT N
D91694 JANE'S PLACE 140TH AVE SE &SE 237TH PL Y 3662400180
D91122 KENATCO ESTATES 126th Ave.SE/SE 255th Pi, Y 3814701120
I D90438 KENSINGTON HIGH Ave SE/SE 244 St Y 3826601350
D90439 KENSINGTON HIGH Ave SE/SE244 St Y 3826501350
D91525 KENT HIGHLANDS#2 25512 118TH PL SE N
D91232 KENTRIDGE ESTATES 28068 SE 122ND PL Y 3830630610
D91233 KENTRIDGE ESTATES DIV 4 280xx 124 Ave SE Y 3830630610
D90679 KIMMELS MERIDIAN ESTATES N
` D90864 LAKE MERIDIAN#1 148th Ave.SE/SE 256th St. Y 4051100510
D91508 LAKE MERIDIAN NORTH DIV 1 SE 254TH ST& 146TH PL SE Y 4051100510
D91012 LEEORA ESTATES SE 260th St& 132nd PI SE Y 4252000020
' D91938 LOE ESTATES DIV 1 SE 246TH PL&147TH AVE SE N
D91988 LOE ESTATES DIV 1 SE 240TH & 144TH AVE SE Y 4397000520
691 889 LOE ESTATES DIV 1 14700 SE 243RD N
' 692337 LOE ESTATES DIV 4 SE 246th PI/145th Ave SE Y 4397030170
D92281 MADISON PLACE end of 137th PI, SE Y 5015800140
D90536 MEADOW GROVE N
D90814 MEADOW HILLS N
D91463 MEADOW HILLS 25504 120TH PL SE Y 5412300540
D90852 MEADOW HILLS#2 N
D9i312 MEADOW HILLS NORTH 24814 121STAVE SE Y 5412400220
26
Drainage Facilities Exhibit One ,
in City of Kent
D91630 MEADOWLAND EAST 28200 124TH AVE SE N
D92059 MERIDIAN FOREST 132ND AVE SE&SE 236TH PL ? 5466350180,
D92159 MERIDIAN VIEW SE 246TH CT& 132ND AVE SE N
D91586 MERIDIAN EAST SE 240TH ST& 135TH PL SE N
D92575 Meridian Glenn end of 125th PI SE Y 5466380240
D91026 MERIDIAN HILLS 27115 139TH PL SE N
D91935 MERIDIAN PARK VISTA SE 276TH PL& 149TH AVE SE Y 9485300600 '
D91936 MERIDIAN PARK VISTA SE 276TH PL& 150TH AVE SE Y 9485300600
D91937 MERIDIAN PARK VISTA SE 278TH & 150TH PL SE Y 9485300600
D91940 MERIDIAN PARK VISTA 27700 149TH PL SE Y 94853OD600 ,
D91687 MERIDIAN PLACE 139TH AVE SE&SE 256TH Y 5468750180
D91104 MERIDIAN SOUTH SE 256TH ST & 144TH AVE SE N
D90371 NORTHPEAK CREST N
D92058 Oakdale 23612 123rd Dr SE Y 6305905555
D92065 Oakdale 12301 SE 237th PI Y 6305905555
D90786 PARK MERIDIAN 14600 SE 274TH N
D90787 PARK MERIDIAN 14601 SE 274TH N
D91698 PENNY LANE SE 264TH ST& 132ND AVE SE N
D90601 RAINIER VIEW ESTATES 132 Ave SE&SE 259 PI Y 7140200010
D90602 RAINIER VIEW ESTATES 129th PI,SEi129th Ave. SE Y 7140200580
690 005 RAINIER VIEW ESTATES N
D91772 ROSEMARY GLEN S 228TH&96TH PL S Y 7429000370
D90632 SCOTTISH HIGHLANDS SE 273RD CT&144TH AVE SE N
D90903 SCOTTISH HIGHLANDS SE 274TH CT&144TH AVE SE
D91025 SEVEN OAKS#2 SE 260TH ST& 119TH AVE SE Y 7697860500
D91123 SEVEN OAKS#3 11830 SE 263rd Ct. Y 7697871050
D91663 SEVEN OAKS EAST TR A AVE SE Y 7697910440
D91 664 SEVEN OAKS EAST TR B AVE SE Y 7697910450
691665 SEVEN OAKS EAST TR F AVE SE Y 7697910470
D92258 SHAMROCK PARK 140TH AVE SE&SE 237TH PL Y 7708250140
D91968 Single Creek 23514 128th Ave SE Y 7800800070
D91969 Single Creek 12852 SE 235th St Y 7800800220
D91139 SP 0283024 23636 126th Ave SE Y 1622055555
D91049 SP 0584012 N
D90978 SP 0680012 N
D91361 SP 0633011 2670D138TH PL S N
D90804 SP 978078-79 N
D90370 STAR LAKE HIGHLANDS 36th Ave. S./S. 272 St Y 7967700740
D91735 STILLWATER GREENS 13200 SE 263RD N
691736 STILLWATER GREENS 13200 SE 263RD N
692247 D SE 264TH ST& 127TH AVE SE N
D90191 SUN MEADOW 1 N
691 444 5UN MEADOWS II 13107 SE 279TH PL Y 8091411140
D91145 SUN MEADOWS II 12730 SE 282ND Y 8091411160
D91047 Terra Heights 23204 116TH AVE SE Y 8581900420
D91802 VILLAGE AT SODS CREEK SE 240TH ST& 140TH AVE SE Y 8944320480
Kent City Council Meeting
Date February 2, 2010
Category Consent Calendar - 6K
1. SUBJECT: NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM
GRANT FUNDS - ACCEPT
' 2. SUMMARY STATEMENT: Authorize the Mayor to accept a $50,000
Stormwater Grant from the Washington State Department of Ecology, ratify the
Public Works Director's signature of the associated grant agreement, amend the
budget, and authorize expenditure of the funds.
The City of Kent was awarded a $50,000 grant from the Department of Ecology
under the Phase II Stormwater Pass-through Grant program. This grant is
offered to assist the city in the implementation of the Phase II Municipal
Stormwater Pollutant Discharge Elimination System (NPDES) permit. Funds can
be used for data collection, updating storm water regulations, source control,
public education and outreach, and illegal discharges into the City's stormwater
system.
3. EXHIBITS: Public Works Memorandum dated 1/25/10
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
I5. FISCAL IMPACT
Expenditure? Revenue? X
Currently in the Budget? Yes X No
6. CITY COUNCIL ACTION:
rCouncilmember moves, Councilmember seconds
tDISCUSSION:
ACTION:
29
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P E , Public Works Director
Phone- 253-856-5500
Fax, 253-856-6500
KENT W NSHINGTDN Address 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: January 25, 2010
To: Chair Debbie Paplee and Public Works Committee Members
PW Committee Meeting Date: January 25, 2010
From: Mike Mactutis, P.E., Environmental Engineering Manager
r Through: Timothy J LaPorte, P.E., Public Works Director
■ Subject: Department of Ecology — NPDES Phase II Stormwater Grant
Motion:
Move to recommend Council authorize the Mayor to accept a $50,000
stormwater grant from the Washington State Department of Ecology.
Summary:
The Washington State Department of Ecology issued the Western Washington
Phase II Municipal Stormwater Permit on January 17, 2007. The City of Kent was
required to seek coverage under this permit, which became effective on February
16, 2007 and will expire on February 15, 2012. Since the effective date of the
permit, Public Works Engineering has been working to implement the permit
program requirements.
The City of Kent has been awarded a $50,000 grant from the Department of
' Ecology under the Phase II Stormwater Pass-through Grant program. This grant is
offered to assist the city in the implementation of the Phase II municipal
stormwater National Pollutant Discharge Elimination System (NPDES) permit.
The funds can be used for data collection, updating stormwater regulations, source
control, public education and outreach, illegal discharges into the City's stormwater
system, and other activities consistent with the NPDES permit program.
' Budget Impact:
The City will receive $50,000 from the Washington State Department of Ecology. No
1 match Is required. The NPDES program Is fully funded within the City's storm
drainage utility.
l
i a
RECEIVED
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY NOV 19 2009
PO Box 47600 V Olympia, WA 98504-7600 b 360-407-6000 &1A&F KENT
711 for Washington Relay Service e Persons with a speech disability can call ING DEPT
1 1
November 17, 2009
' Shawn Gilbertson
City of Kent
' 400 West Gowe St.
Kent, WA 98032
Re: Kent Phase II Stormwater Pass-through Grant
Local Toxics Control Account
Grant No. G1000226, FY 10 Funding Cycle
Dear Mr. Gilbertson:
Enclosed is a signed original of the above-referenced grant agreement between the Department
of Ecology and City of Kent.
If you have any questions,please call me at(360) 407-7039, or email me at
tfar461@ecy.wa.gov.
Sincerely,
, A
�z D.tn
ITracy Farrell
Grants Financial Manager
Water Quality Program
Enclosure
L�J
a
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
PO Sox 47600 > Olympia, WA 98504-7600 • 360-407-6000
711 for Washington Relay Service • Persons with a speech disability can calf 877-833-6341
i
November 13, 2009
Mr Tim LaPorte, P.E.
Public Works Director
City of Kent
400 West Gowe Street
Kent, WA 98032
Re: Kent Phase 1I Stormwater Pass-through Grant
Local Toxics Control Account
Grant No. G1000226 FY 10 Funding Cycle
Dear Mr. LaPorte:
I am pleased to inform you that the stormwater grant agreement for the Kent Phase 11 Stormwater
Pass-through Grant project has been signed. A signed original of the agreement has been sent to
Shawn Gilbertson for project files and future reference.
We appreciate this opportunity to assist you with financial and technical assistance. Ecology's
Water Quality Program staff in Lacey is available to assist you with your project.
If you have any questions or need additional information, please call Tracy Farrell, Ecology's
financial manager, at 360-407-7039.
Sincerely,
Kelly Susewind, P.E.,P.G.
Water Quality Program Manager
KS:MT:tf
cc: Shawn Gilbertson, City of Kent
Tracy Farrell, Ecology HQ/WQ
;- .— •,.
FY 2010-2011 PHASE IT STORMWATERPRSS-THROUGH
GRANTS PROGRAM
GRANT AGREEMENT BETWEEN THE
DEPARTMENT OF STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
ECOLOGY AND
State of Washington THE CITY OF KENT
THIS is a binding agreement entered into, by,and between the state of Washington Department of
I Ecology (DEPARTMENT), and City of Kent(RECIPIENT). The purpose of this agreement is to
provide funds to the RECIPIENT to carry out the requirements described herein.
jPART I. GENERAL INFORMATION
Project Title: Phase II Stormwater Pass-through Grant
Program
Grant Number: G1000226
RECIPIENT Name and Address: City of Kent
400 West Gowe Street
Kent, WA 98032
I RECIPIENT Contact: Shawn Gilbertson
Telephone Number: (253)856-5560
Fax Number: (253)856-6500
E-Mail Address: smgilbertson@ci.kent.wa.us
RECIPIENT Billing Contact: Shawn Gilbertson
Telephone Number: (253)856-5560
Fax Number: (253)856-6500
1 E-Mail Address: smgilbertson@ei.kent.wa.us
RECIPIENT Federal ID Number: 91-6001254
tDEPARTMENT Project/Financial Manager.
Mailing Address: Water Quality Program
' Washington State Department of Ecology
P.O. Box 47600
Olympia,WA 98504-7600
Telephone Number: 360- 407-6502
Fax Number: 360- 407-7151
E-Mail Address:
rDESIGNATED LOCAL
GOVERNMENT PARTNERS
(if applicable)
ECY 070-357 (Rev. 9/09)
Phase II Stormwater Pass-through Grant
For partnerships,the lead government and partners must submit a copy of the signed agreement in
Appendix B with each copy of the grant agreement.
DEPARTMENT Funding Source: 2010-2011 Biennial Operating Budget/Local
Toxics Control Account
Total Cost(up to $50,000 each recipient): $ 50,000 '
Total Eligible Cost(up to $50,000 each Recipient): $ 50,000
DEPARTMENT Share ($50,000 each Recipient): $ 50,000 t
DEPARTMENT Maximum Percentage: 100%
The effective date of this grant agreement is July 1, 2009. Any work performed prior to the
effective date of this agreement will be at the sole expense and risk of the RECIPIENT.
This agreement expires on June 30,2011.
PART II. PERFORMANCE MEASURES
A. Water Quality Goal.
Improved stormwater management and water quality protection associated with
development and implementation of a stormwater management program.
B. Proiect Outcomes.
Local Government Stormwater Grants for local governments to receive grants for
municipal stormwater programs, including but not limited to implementation of Phase II
municipal stormwater National Pollutant Discharge Elimination System(NPDES)permits.
C. Post Proiect Assessment.
The RECIPIENT agrees to submit a brief survey three years after project completion ,
regarding the key project outcomes and the status of environmental results or goals from
the project. The DEPARTMENT's Performance Measures Lead will e-mail the
RECIPIENT the Post Project Assessment Survey.
The DEPARTMENT may conduct on-site interviews and inspections, and may otherwise
evaluate the Project. The DEPARTMENT will enter the information provided into its
performance measures database to be provided to the Washington State Legislature, ,
United States Environmental Protection Agency, and other natural resource agencies.
Approximate Post Project Assessment Date: June 30, 2012
t
Page 2 of 17
i
Phase II Stormwater Pass-through Grant
PART III. PROJECT DESCRIPTION
The RECIPIENT's stormwater project will address implementation or management of municipal
stormwater programs.
PART IV. PROJECT BUDGET
Phase H Stormwater Pass-through Grant Program
TOTAL ELIGIBLE
ELEMENTS COST (TEC)*
Task 1 —Project Administration/Management(limited to 10%of total) $ 5000.00
Task 2—Implementation and management of Stonnwater Program $45000.00
Total(limited to$50,000 per Recipient partner) $ 50000.00
I *The DEPARTMENT's Fiscal Office will track to the Total Eligible Project Cost.
MATCHING REQUIREMENTS (There are no matching requirements)
DEPARTMENT Share FY 2010-11 (100%of TEC) $ 50000 00
Pay ent Request Submittals. Payment requests will not be submitted more often than monthly,
unless allowed by the DEPARTMENT's Project/Financial Manager. The DEPARTMENT's
Project/Financial Manager may require the RECIPIENT to submit regular payment requests to
ensure efficient and timely use of funds.
Payment Schedule. Payments will be made on a cost-reimbursable basis.
1 PART V. SCOPE OF WORK
The RECIPIENT shall ensure that this project is completed according to the details of this
agreement. The RECIPIENT may elect to use its own forces or it may contract for professional
services necessary to perforni and complete project related work. The RECIPIENT certifies by
signing this agreement that all applicable requirements have been satisfied in the procurement of
any professional services. Eligible and ineligible project costs are separate and identifiable for
billing purposes. If professional services are contracted, the RECIPIENT shall submit a copy of
the final contract to the DEPARTMENT's Project/Financial Manager.
1 Task 1 - Proiect Administration/Management
A. The RECIPIENT shall administer the project. Responsibilities will include,but not be
limited to: maintenance of project records; submittal of payment vouchers, fiscal forms,
and progress reports; compliance with applicable procurement, contracting, and interlocal
agreement requirements; application for, receipt of, and compliance with all required
Page 3 of 17
Phase II Stormwater Pass-through Grant
permits, licenses, easements, or property rights necessary for the project; and submittal of t
required performance items.
B. The RECIPIENT shall manage the project. Efforts will include: conducting, t
coordinating, and scheduling project activities and assuring quality control. Every effort
will be made to maintain effective communication with the RECIPIENT's designees;the
DEPARTMENT; aft affected local, state, or federal jurisdictions; and any interested
individuals or groups. The RECIPIENT shall carry out this project in accordance with
any completion dates outlined in this agreement.
C. The RECIPIENT shall submit all invoice voucher submittals and supportive
documentation. to the DEPARTMENT's Project/Financial Manager. Copies of all
applicable forms shall be included with an original A19-IA, and shalt be submitted to the
DEPARTMENT. Blank forms are found in Administrative Requirements for Recipients
of Ecology Grants and Loans at http://www.ecy.wa gov/biblio./9118.1itml ,
Required Forms: Where Eligible Costs Have Incurred:
Form A19-IA (original signature) Form E(ECY 060-12)
Form B2(ECY 060-7) Form F(ECY 060-13)
Form C2(ECY 060-9) Form G(ECY 060-14)
Form D(ECY 060-11) Form H(F-21)
Form I(ECY 060-15)
D. If work conducted results in a report, the RECIPIENT shall submit the following to the
DEPARTMENT's Project/Financial Manager and in the quantities identified:
• Draft project completion reports—one electronic copy
• Final project completion reports—five copies
• Electronic copy of final project completion report
The RECIPIENT shall submit two copies of any document(s) which requires t
DEPARTMENT approval. Once approval is given, one copy will be returned to the
RECIPIENT. If the RECIPIENT needs more than one approved copy, the number of ,
submittals should be adjusted accordingly.
Task 2—Implementation of Stormwater Planning and Management Needs
A. The RECIPIENT shall address stormwater management needs that protect or restore water
quality. The RECIPIENT may conduct work related to implementation of activities '
required by the municipal stormwater National Pollutant Discharge Elimination System
(NPDES) permits.
1
1
Page 4 of 17
Phase I1 Stormwater Pass-through Grant
B. Check the boxes that represent the activities funded under this grant:
® Public education and outreach activities
❑ Public involvement and participation activities
i ® Illicit discharge detection and elimination(IDDE)program activities, including:
❑ Mapping or geographic information systems of municipal separate storm sewer
systems (MS4s);
® Staff training
® Activities to identify and remove illicit stormwater discharges;
❑ Dry weather outfall screening procedures and field activities;
❑ Complaint hotline database or tracking system improvements.
1 ® Activities to support programs to control runoff from new development, redevelopment,
and construction sites, including:
® Development of an ordinance and associated technical manual
❑ Inspections before, during, and upon completion of construction, or for post-
construction long-term maintenance.
® Training for plan review and/or inspection staff
® Pollution prevention, good housekeeping, and operation and maintenance program
activities, such as:
❑ Inspecting and/or maintaining the MS4 infrastructure
' ® Developing and/or implementing policies, procedures, or stormwater pollution
prevention plans at municipal properties or facilities.
® Annual reporting activities, including developing a summary of identified barriers to the
use of low impact development.
❑ Establishing and refining stormwater utilities, including stable rate structures.
❑ Water quality monitoring to implement permit requirements for a Water Cleanup Plan
(TMDL). Note that any monitoring funded by this program requires submittal of a Quality
Assurance Project Plan that Ecology approves prior to awarding funding for monitoring.
❑ Developing a report to plan for monitoring the next permit cycle.
❑ Equipment purchases that result directly in improved compliance with permit
requirements. Allowed costs for equipment purchases must be specific to implementing a
permit requirement(such as a vactor truck) rather than general use (such as a general us
pick-up truck). Qualified equipment purchases include but are not limited to:
❑ Illicit discharge testing equipment and materials
I ❑ Vactor truck or sweeper truck for MS4 maintenance activities
❑ Electronic devices dedicated to mapping of MS4 facilities and attributes
❑ Software dedicated to tracking permit implementation activities
❑ Other activities consistent with the funding purposes of this program that support
stormwater management programs or permit compliance, which can be completed by the
June 30, 2011, deadline. Provide brief description in the space below:
Page 5 of 17
Phase II Stormwater Pass-through Grant
PART VI. SPECIAL TEWMS AND CONDITIONS
A. Commencement of Work. In the event that the RECIPIENT fails to commence work on
the project funded herein within four months after the effective date of this agreement, or
by any date mutually agreed upon in writing for commencement of work,the
DEPARTMENT reserves the right to terminate this agreement.
B. DEPARTMENT Funding Recoenition. The RECIPIENT shall acknowledge and inform
the public about DEPARTMENT funding participation in this project as apptopriate.
Examples include project signs and/or acknowledgement in published materials and
reports, the news media, or other public announcements. Projects addressing site-specific
locations must utilize appropriately sized and weather-resistant signs.
C. Equipment Purchase. The purchase of equipment may be eligible under this project. If the
RECIPIENT determines that equipment is needed to achieve the project outcomes, a
request must be made to the DEPARTMENT. All equipment purchases must have prior
approval by the DEPARTMENT. Allowable equipment purchases include equipment
needed to implement permit requirements(such as a vactor truck) rather than for general
use (such as general use pick-up truck).
D. Indirect Rate. To acknowledge overhead costs,the RECIPIENT may charge an indirect
rate up to 25 percent based on RECIPIENT employee's direct salary and benefit costs
incurred while conducting project related work,provided that prior to signature of this
agreement,the DEPARTMENT's Project/Financial Manager may require a list of items
included in the indirect rate during negotiations or thereafter. Items that are generally
included in an indirect rate are identified in Administrative Requirements for Recipients of
Ecology Grants and Loans.
E. Meetinas/Liaht Refreshments. The RECIPIENT may spend up to $50 per meeting for
light refreshments associated with this project. The total amount spent for light
refreshments under this agreement cannot exceed $300.
F. Minority and Women's Business Participation. The RECIPIENT agrees to solicit and
recruit,to the extent possible, certified minority-owned (MBE) and women-owned (WBE)
businesses in purchases and contracts initiated after the effective date of this agreement.
Contract awards or rejections cannot be made based on MBE or WBE participation.
M/WBE participation is encouraged,however, and the RECIPIENT and all prospective
bidders or persons submitting qualifications should take the following steps, when
possible, in any procurement initiated after the effective date of this agreement:
1. Include qualified minority and women's businesses on solicitation lists.
2. Assure that qualified minority and women's businesses are solicited whenever they are
potential sources of services or supplies.
3. Divide the total requirements, when economically feasible, into smaller tasks or
quantities,to permit maximum participation by qualified minority and women's
businesses.
Page 6 of 17
Phase II Stormwater Pass-through Grant
4. Establish delivery schedules, where work requirements permit,which will encourage
participation of qualified minority and women's businesses.
5. Use the services and assistance of the State Office of Minority and Women's Business
Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S.
Department of Commerce, as appropriate.
The RECIPIENT shall report to the DEPARTMENT at the time of submitting each
invoice, on forms provided by the DEPARTMENT, payments made to qualified firms.
Please include the following information:
1. Name and state OMWBE certification number(if available) of any qualified firm
receiving funds under the invoice, including any sub-and'or sub-subcontractors.
2. The total dollar amount paid to qualified firms under this invoice.
' G. Pro erg ss Reports. The RECIPIENT shall submit quarterly Progress Reports to the
DEPARTMENT's Project/Financial Manager. Payment requests will not be processed
without a Progress Report.
' Reporting Periods.
• January 1 through March 31
' • April 1 through June 30
• July 1 through September 30
' • October 1 through December 31
Reporting Due Date. Quarterly Progress Reports are due 15 days following the end of the
quarter.
Report Content. At a minimum,all Progress Reports must contain a comparison of
actual accomplislunents to the objectives established for the period,the reasons for delay
if established objectives were not met, analysis and explanation of any cost overruns, and
any additional pertinent information specified in this agreement.
IH. Water Quality Monitoring. Prior to initiating water quality monitoring activities, the
RECIPIENT must prepare a Quality Assurance Project Plan(QAPP) that follows
Ecology's Guidelines and Specifications for Preparing Quality Assurance Project Plans
for Environmental Studies, February 2001 (Ecology Publication No. 01-03-003).
The RECIPIENT must submit the QAPP to the DEPARTMENT for review, comment, and
' must be approved before starting the environmental monitoring activities.
The RECIPIENT must use an environmental laboratory accredited by Ecology to analyze
water samples for all parameters to be analyzed that require bench testing.
The RECIPIENT should manage all monitoring data collected or acquired under this
agreement in order to be available to secondary users and meet the "ten-year rule."
' Monitoring Data Submittal /Environmental Information Management System. Funding
recipients that collect water quality monitoring data must submit all appropriate data to
Ecology through the Environmental Information Management System (EIM).
Page 7 of 17
Phase II Stormwater Pass-through Grant !
PART VII. ALL WRITINGS CONTAINED HEREIN !
This agreement,the appended GENERAL TERMS AND CONDITIONS,the DEPARTMENT's
current edition of Administrative Requirements for Recipients of Ecology Grants and Loans
("Yellow Book'), and the Local Government Stormwater Grants Program FY2008 contain the
entire understanding between the parties, and there are no other understandings or representations
other than as set forth or incorporated by reference, herein. No subsequent modification(s) or
amendment(s)of this agreement shall be of any force or effect unless signed by authorized
representatives of the RECIPIENT and DEPARTMENT and made a part of this agreement,
EXCEPT that in response to a request from the RECIPIENT, the DEPARTMENT may
redistribute the grant budget. The DEPARTMENT or RECIPIENT may change their respective
staff contacts without the concurrence of either party. !
IN WITNESS WHEREOF, the parties hereby execute this Grant:
STATE OF WASHINGTON City of Kent !
DEPARTMENT OF ECOLOGY JURISDICTION
V !
DATE ATE ,
KELLY SUSEWIND,P.E., P.G. NAME: Tim LaPorte, P.E.
WATER QUALITY PROGRAM MANAGER TITLE: Public Works Director
APPROVED AS TO FORM ONLY !
ASSISTANT ATTORNEY GENERAL
(Revised 8/14'09)
!
1
1
Page 8 of 17 '
1 Phase II Stormwater Pass-through Grant
Appendix A
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements of
the Department of Ecology
A. RECIPIENT PERFORMANCE
All activities for which grant/loan funds are to be used shall be accomplished by the
RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant
assistance if that has been included in the agreement's final scope of work and budget.
B. SUBGRANTEEICONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the terms
and conditions of this agreement.
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT
' pursuant to this agreement, the state of Washington is named as an express third-party beneficiary
of such subcontracts with full rights as such.
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and
engineering services shall be awarded through a competitive process, if required by State law.
RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use
by the DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this agreement shall be transferred or
assigned by the RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
1. The RECIPIENT shall comply fully with all applicable Federal, State and local
laws, orders, regulations and permits.
Prior to commencement of any construction, the RECIPIENT shall secure the
necessary approvals and permits required by authorities having jurisdiction over the project,
provide assurance to the DEPARTMENT that all approvals and permits have been secured, and
make copies available to the DEPARTMENT upon request
2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by
all Federal and State laws, regulations, and policies against discrimination. The RECIPIENT
' further agrees to affinnatively support the program of the Office of Minority and Women's
Business Enterprises to the maximum extent possible. If the agreement is federally-funded, the
RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to
women or minority owned businesses.
3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable
laws, regulations, and policies of the United States and the State of Washington which affect
wages and job safety.
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable
state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the
' Page 9 of 17
Phase 1I Stormwater Pass-through Grant
DEPARTMENT shall have the right to immediately terminate this agreement for cause as r
provided in Section K.1, herein
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or
otherwise involved in this project to give up any part of the compensation to which he/she is
otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract
hereunder.
H. AtiDITS AND INSPECTIONS j
1. The RECIPIENT shall maintain complete program and financial records relating to
this agreement. Such records shall clearly indicate total receipts and expenditures by fund source
and task or object.
All grant/loan records shall be kept in a manner which provides an audit trail for
all expenditures. All records shall be kept in a common file to facilitate audits and inspections. '
Engineering documentation and field inspection reports of all construction work
accomplished under this agreement shall be maintained by the RECIPIENT.
2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT t
or by any duly authorized audit representative of the State of Washington for a period of at least
three years after the final grant payment/loan repayment or any dispute resolution hereunder. If
any such audits identify discrepancies in the financial records, the RECIPIENT shall provide
clarification and/or make adjustments accordingly.
3. All work performed under this agreement and any equipment purchased, shall be
made available to the DEPARTMENT and to any authorized state, federal or local representative
for inspection at any time during the course of this agreement and for at least three years
following grant/loan termination or dispute resolution hereunder. ,
4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States,
Local Governments &Non Profit Organizations), including the compliance Supplement to OMB
Circular A-133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The
$500,000 threshold for each year is a cumulative total of all federal funding from all sources. The
RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the
final corrective action plan to the DEPARTMENT within ninety (90)days of the date of the audit
report.
I. PERFORMANCE REPORTING ,
The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment
request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also '
report in writing to the DEPARTMENT any problems, delays or adverse conditions which will
materially affect their ability to meet project objectives or time schedules. This disclosure shall be
accompanied by a statement of the action taken or proposed and any assistance needed from the ,
DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports
are not submitted.
Quarterly reports shall cover the periods January 1 through March 31, April 1 through ,
June 30, July I through September 30, and October I through December 31. Reports shall be due
within thirty (30) days following the end of the quarter being reported.
J. COMPENSATION
Page 10 of 17 ,
Phase II Stormwater Pass-through Grant
1. Method of compensation. Payment shall normally be made on a reimbursable basis
as specified in the grant agreement and no more often than once per month. Each request for
payment will be submitted by the RECIPIENT on State voucher request forms provided by the
DEPARTMENT along with documentation of the expenses. Payments shall be made for each
task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by
the RECIPIENT and approved as satisfactory by the Project Officer.
The payment request form and supportive documents must itemize all allowable
' costs by major elements as described in the Scope of Work. Instructions for submitting the
payment requests are found in "Administrative Requirements for Ecology Grants and Loans",part
IV,published by the DEPARTMENT. A copy of this document shall be furnished to the
RECIPIENT. When payment requests are approved by the DEPARTMENT,payments will be
made to the mutually agreed upon designee.
Payment requests shall be submitted to the DEPARTMENT and directed to the
' Project Officer assigned to administer this agreement.
2. Period of Compensation. Payments shall only be made for actions of the
' RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior
to the expiration date of this agreement, unless those dates are specifically modified in writing as
provided herein.
3. Final Request(s) for Payment. The RECIPIENT should submit final requests for
compensation within forty-five(45) days after the expiration date of this agreement and within
fifteen(15) days after the end of a fiscal biennium. Failure to comply may result in delayed
reimbursement.
4. Performance Guarantee. The DEPARTMENT may withhold an amount not to
' exceed ten percent (10%) of each reimbursement payment as security for the RECIPIENT's
performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the
project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's
' sole discretion, such payment is reasonable and approved according to this agreement and, as
appropriate, upon completion of an audit as specified under section J.6. herein.
5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to
' final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan
shall be refunded to the DEPARTMENT by the RECIPIENT.
6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the
RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for
state employees.
7. Overhead Costs.No reimbursement for overhead costs shall be allowed unless
provided for in the Scope of Work hereunder.
Page 11 of 17
Phase II Stormwater Pass-through Grant
K. TERMINATION
1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent
upon satisfactory performance by the RECIPIENT of all of its obligations tinder this agreement.
In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform
any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further
funds thereunder and/or terminate this agreement by giving written notice of termination.
A written notice of termination shall be given at least five working days prior to
the effective date of termination. In that event, all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, and reports or other materials prepared by the
RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become
Department property and the RECIPIENT shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents and other materials.
Despite the above, the RECIPIENT shall not be relieved of any liability to the
DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington '
because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold
payments for the purpose of setoff until such time as the exact amount of damages due the
DEPARTMENT from the RECIPIENT is determined, ,
2. Insufcient Funds. The obligation of the DEPARTMENT to make payments is
contingent on the availability of state and federal funds through legislative appropriation and state
allotment. When this agreement crosses over state fiscal years the obligation of the
DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The
failure to appropriate or allot such funds shall be good cause to terminate this agreement as '
provided in paragraph K.l above.
When this agreement crosses the RECIPIENT's fiscal year,the obligation of the
RECIPIENT to continue or complete the project described herein shall be contingent upon
appropriation of funds by the RECIPIENT's governing body; Provided,however,that nothing
contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds
paid to the RECIPIENT in accordance with Section O herein.
3. Failure to Commence Work. In the event the RECIPIENT fails to commence work
on the project funded herein within four months after the effective date of this agreement, or by ,
any date mutually agreed upon in writing for commencement of work, the DEPARTMENT
reserves the right to terminate this agreement.
L. WAIVER ,
Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a
breach of any provision of this agreement is not a waiver of any subsequent breach and will not
be construed as a modification of the terms of this agreement unless stated as such in writing by
the authorized representative of the DEPARTMENT.
M. PROPERTY RIGHTS
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable
materials or invents any patentable property,the RECIPIENT may copyright or patent the same ,
but the DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce,
publish, recover or otherwise use the material(s) or property and to authorize others to use the
same for federal, state or local government purposes.
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Phase II Stormwater Pass-through Grant
Where federal funding is involved, the federal government may have a proprietary
interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35
U.S.C. 200-212.
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use
or publish information of the DEPARTMENT; present papers, lectures, or seminars involving
information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed
reports, signs,brochures, pamphlets, etc., appropriate credit shall be given to the
DEPARTMENT.
3. Tangible Property Rights. The DEPARTMENT's current edition of
"Administrative Requirements for Ecology Grants and Loans", Part V, shall control the use and
disposition of all real and personal property purchased wholly or in part with funds furnished by
the DEPARTMENT in the absence of state, federal statute(s),regulation(s), or policy(s)to the
contrary or upon specific instructions with respect thereto in the Scope of Work.
' 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT
provides personal property directly to the RECIPIENT for use in performance of the project, it
shall be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said
property is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT
shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such
property.
5. Acquisition Projects. The following provisions shall apply if the project covered
by this agreement includes funds for the acquisition of land or facilities:
' a. Prior to disbursement of funds provided for in this agreement,the
RECIPIENT shall establish that the cost of landlor facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to
' acquire title for each parcel prior to disbursement of funds provided by this agreement. Such
evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's
opinions establishing that the land is free from any impediment, lien, or claim which would
' impair the uses contemplated by this agreement.
6. Conversions. Regardless of the contract termination date shown on the cover sheet,
the RECIPIENT shall not at any time convert any equipment,property or facility acquired or
developed pursuant to this agreement to uses other than those for which assistance was originally
approved without prior written-approval of the DEPARTMENT. Such approval may be
' conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease
or other conversion or encumbrance which monies granted pursuant to this agreement bear to the
total acquisition, purchase or construction costs of such property.
' N. SUSTAINABLE PRODUCTS
In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is
encouraged to implement sustainable practices where and when possible. These practices include
1 use of clean energy, and purchase and use of sustainably produced products (e.g. recycled paper).
For more information, see www.ecy.wa gov/sustainability..
' O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is
contingent upon satisfactory performance of this agreement including the satisfactory completion
' of the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason,
to perform obligations required of it by this agreement, the RECIPIENT may, at the
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DEPARTMENT's sole discretion,be required to repay to the DEPARTMENT all grant/loan '
funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the
opinion of the DEPARTMENT by such failure to perform.
Interest shall accrue at the rate of twelve percent(12%)per year from the time the
DEPARTMENT demands repayment of funds. If payments have been discontinued by the
DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be
obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any
property acquired under this agreement, at the option of the DEPARTMENT, may become the
DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by
an amount reflecting the fair value of such property.
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this agreement by
the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the
Project Officer or other designated official to whom the RECIPIENT shall report and be '
responsible. In the event there is a dispute with regard to the extent and character of the work to
be done,the determination of the Project Officer or other designated official as to the extent and
character of the work to be done shall govern. The RECIPIENT shall have the right to appeal ,
decisions as provided for below.
Q. DISPUTES
Except as otherwise provided in this agreement, any dispute concerning a question of fact
arising under this agreement which is not disposed of in writing shall be decided by the Project
Officer or other designated official who shall provide a written statement of decision to the
RECIPIENT.The decision of the Project Officer or other designated official shall be final and
conclusive unless,within thirty days from the date of receipt of such statement, the RECIPIENT
mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal
In connection with appeal of any proceeding under this clause,the RECIPIENT shall have ,
the opportunity to be heard and to offer evidence in support of this appeal. The decision of the
Director or duly authorized representative for the determination of such appeals shall be final and '
conclusive. Appeals from the Director's determination shall be brought in the Superior Court of
Thurston County. Review of the decision of the Director will not be sought before either the
Pollution Control Hearings Board or the Shoreline Hearings Board Pending final decision of ,
dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this
agreement and in accordance with the decision rendered.
R. CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this agreement who exercises
any function or responsibility in the review, approval, or carrying out of this agreement, shall
participate in any decision which affects his/her personal interest or the interest of any '
corporation, partnership or association in which he/she is, directly or indirectly interested; nor
shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the
proceeds thereof.
S. INDEMNIFICATION
I. The DEPARTMENT shall in no way be held responsible for payment of salaries, ,
consultant's fees, and other costs related to the project described herein, except as provided in the
Scope of Work.
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' 2. To the extent that the Constitution and laws of the State of Washington permit,
each party shall indemnify and hold the other harmless from and against any liability for any or
all injuries to persons or property arising from the negligent act or omission of that party or that
party's agents or employees arising out of this agreement.
T. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
U. SEVERABILITY
If any provision of this agreement or any provision of any document incorporated by
reference
V. PRECEDENCE
1 In the event of inconsistency in this agreement, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order: (a) applicable
' Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions;
(d) Any terms incorporated herein by reference including the "Administrative Requirements for
Ecology Grants and Loans"; and(e) the General Terms and Conditions.
' SS-010 Rev. 04/04
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Appendix B
PARTNERSHIP AGREEMENT FOR ECOLOGY GRANTS
FY2010-2011 PHASE II STORMWATER PASS-THROUGH GRANTS
The cities, towns, and counties listed below agree to partner under one grant agreement for the
FY2010 -2011 Phase II Stormwater Pass-through Grants. The grant shall be administered on ,
behalf of the partners by the Lead Phase II Local Government. Each partner local government is a
city,town, or county permittee under the Phase II Western Washington Municipal Stormwater
General Permit or the Phase II Eastern Washington Municipal Stormwater General Permit. '
Lead Phase II Local Government: '
Phase II permit coverage number:
Signature of authorized representative: '
Title
Date
Partner Local Government#1: ,
Phase II permit coverage number:
Signature of authorized representative:
Title
Date
Partner Local Government 92:
Phase 11 permit coverage number: '
Signature of authorized representative:
Title
Date
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Partner Local Government#3:
' Phase Il permit coverage number:
Signature of authorized representative:
Title
Date
' Partner Local Government#4:
Phase II permit coverage number:
Signature of authorized representative:
' Title
Date
If you require special accommodations or need this document in a format for the visually
impaired, call the Water Quality Program at 360-407-6502. Persons with hearing loss can call
' 711 for Washington Relay Service Persons with a speech disability can call 877-833-6341.
Page 17 of 17
Kent City Council Meeting
Date February 2, 2010
Category Consent Calendar - 6L
' 1. SUBJECT: NORTH PARK SANITARY SEWER PHASE II - ACCEPT AS
COMPLETE
2. SUMMARY STATEMENT: Accept the North Park Sanitary Sewer Phase II
Project as complete and release retainage to Pivetta Brothers, upon receipt of
standard releases from the state and release of any liens.
The original contract amount was $ 420,731.46. The final contract amount was
' $297,656.16.
3. EXHIBITS: None
4. RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc.)
S. FISCAL IMPACT
Expenditure? X Revenue?
' Currently in the Budget? Yes X No
6. CITY COUNCIL ACTION:
' Councilmember moves, Councilmember seconds
' DISCUSSION:
' ACTION:
■ REPORTS FROM STANDING COMMITTEES AND STAFF
A. COUNCIL PRESIDENT
B. MAYOR
C. OPERATIONS COMMITTEE
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D. PARKS AND HUMAN SERVICES COMMITTEE
E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE
F. PUBLIC SAFETY COMMITTEE
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G. PUBLIC WORKS
H. ADMINISTRATION
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W I.SHINOTO" OPERATIONS COMMITTEE MINUTES
JANUARY 5, 2010
Committee Members Present: Debbie Raplee, Les Thomas and Ron Harmon
The meeting was called to order by Les Thomas at 4:09pm
Perry filled in for Raplee until she arrived. City Attorney, Tom Brubaker approached the table
to inform Council that only three council members could vote. After short discussion, Harmon
took seat in audience.
1. APPROVAL OF MINUTES DATED DECEMBER 8, 2009
Perry moved to approve the minutes of the December S. 2009 Operations Committee
meeting. Harmon seconded the motion, which passed 3-0.
2. APPROVAL OF VOUCHERS DATED NOVEMBER 30, 2009 AND
DECEMBER 15, 2009
Finance Director, Bob Nachlinger presented the vouchers for November 30, 2009 and
December 15, 2009 for approval.
Harmon moved to approve the vouchers dated November 30, 2009 and December 15,
2009. Jamie seconded the motion, which passed 3-0.
3. MOVE TO RECOMMEND COUNCIL ACCEPT THE WASHINGTON STATE
RECREATION AND CONSERVATION OFFICE GRANT IN THE AMOUNT OF
$536,115.00 FOR THE ACQUISITION PROJECT ON PANTHER LAKE, AND
APPROVE THE EXPENDITURE OF FUNDS IN THE LAND ACQUISITION
BUDGET.
Jeff Watling, Parks and Human Services Director, brought grant to Operations instead of Parks
Committee due to urgency of deadline. Regarding two parcels on West side of lake identified
as potential for a seven acre park. $1.2 million request. This funding represents a partial of
that request With state and county funding, acquisition would be fully funded. Purchase and
Sale Agreement between city and property owners will tentatively go before Operations
Committee is February. Parks Committee is aware of grant and acquisition.
Raplee moved to recommend Council accept the Washington State Recreation and
Conservation Office grant in the amount of $536,115.00 for the acquisition project on
Panther Lake, and approve the expenditure of funds in the land acquisition budget.
Perry seconded the motion, which passed 3-0.
4. RECOMMEND COUNCIL ADOPT THE PROPOSED RESOLUTION SUBMITTING
TO VOTERS AT A SPECIAL ELECTION ON APRIL 27, 2010, A PROPOSITION
TO CREATE THE KENT FIRE DEPARTMENT REGIONAL FIRE SERVICE
AUTHORITY, EFFECTIVE JULY 1, 2010.
Jim Schneider, Fire Chief for the city of Kent, explained the Regional Fire Authority (RFA) and
ballot proposition and resolution. The RFA will serve the areas of Kent, Fire District 37 and
Covington. The RFA will be funded by a six-year fire benefit charge and a property tax. If the
Fire Authority passes public vote, it will reduce the City's property taxing authority, not to
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Operations Committee Minutes
January 5, 2010
Page: 2
exceed $1.00 per $1,000 of assessed value. See Resolution, Section 3, Proposition 1. ,
Schneider submitted to the Committee revised pages 37-40 of the Fire Benefit Charge Formula
from Appendix B. A public hearing is scheduled for February 3 in compliance with RCW
52.26.230 to discuss the Fire Benefit Charge. In reference to the RFA Plan, the Planning
Committee will discuss guidelines for the Voter's pamphlet.
Debbie moved to recommend Council adopt the proposed resolution submitting to ,
voters at a special election on April 27, 2010, a proposition to create the Kent Fire
Department Regional Fire Service Authority, effective July 1, 2010. Jamie seconded the
motion, which passed 3-0.
S. INFORMATION ON THE CITY PURSUING LIABILITY INSURANCE COVERAGE
ON ITS OWN, RATHER THAN AS A PART OF A LARGER GROUP.
Risk Manager, Chris Hills, was Joined by City Attorney, Tom Brubaker. Hills submitted the
PowerPoint handout to the Committee. He noted that the Pool was not fairly distributed and is
more cost effective for us to pursue coverage on our own. He gave examples of other cities
that have become self insured. A 12-month Notice of Intent to Withdraw is required within the
fiscal year of the agency and was sent on December 23, 2009 and was necessary in order to
have the new program in place by January 1, 2011. Thomas questioned if this was a council
action for guidance Brubaker clarified that the terms to withdraw from the Agreement are
administered by the Mayor. He added that any contracts for Brokers, Advisors, etc , in excess
of $25,000 will go before council for approval. Hills closed with noting that the Broker that is
selected will present to council the different choices of coverage prior to making a decision.
The Council agreed it was a good decision to pursue on own
The meeting adjourned at 4:40p.m.
Pamela Clark
Operations Committee Secretary
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' City of Kent
► Parks and Human Services Committee Meeting
KENT Minutes of November 19, 2009
BpIM tlIOW
Council Committee Members Present: Debbie Ranniger, Elizabeth Albertson,
and Tim Clark
Call to Order: Debbie Ranniger called the meeting to order at 5:00 p.m.
Item #1: Meeting Minutes Dated October IS, 2009
Tim Clark moved to approve the minutes of October 15, 2009. Elizabeth Albertson
seconded and the motion passed 3-0.
Item #2: Safe Havens Program Update - Informational
Director Jeff Watling reminded the Committee that last month the Dept of Justice
OVW grant was approved to give staff an opportunity to reach out to the broader
' human services community and those agencies working in the domestic violence
field to come up with a regional solution. A working group has been formed and
chairing this group is Merrell Cousin, Director of King County Alliance Against
' Domestic Violence and leader the domestic violence community. An initial
meeting to begin mapping out how we want to work toward this solution and
indentify a timeline. We have until the end of 2010 to find a solution. Meetings are
scheduled for December 2, and December 9, is a half day working session that
will get into nuts and bolts of what opportunities exist in other non-profit agencies
and what are some ways we can look at Safe Havens budget to see if it will fit into
an existing non-profit agency. As well as realistically look at a city operation
service and how to transition to a non-profit type of agency.
Staff spoke with the building owner of Safe Havens and they have agreed to
reduce the rent for the year 2010.This will assist in keeping the center open. Jeff
will come back to the Committee with an update.
Elizabeth Albertson thanked staff for getting agencies together for discussion, as
well as biding some time until resolution.
Item #3: Park Plan Update - Informational
The Park Plan draft is 9011/o complete. A copy of the draft plan will be sent
electronically to Committee in December, with discussion at the Parks and Human
Services Committee meeting on January 21. The final Public Hearing will be held
in February 2010. The plan must be adopted by June 2010.
Jeff reiterated that the Park Plan focuses on four core themes:
• To maximize & reinvest in the existing park system.
■ To develop a vision for urban forest restoration.
• To create multi-use development, maximize acreage, and create
partnerships.
0 Connecting people, greenways, parks.
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Item #4: Off Leash Dog Area Update - Informational
Jeff reported that a follow-up public open house meeting was held at Daniel
Elementary on October 27, in order to get feedback on the proposed two sites
chosen on East Hill. Based on the comments received at the meeting and through
other public communications, the parcel between Morrill Meadows and East Hill
Park (Backus property) was chosen as the preferred site. This parcel nets the
biggest area at 3 acres fenced and has existing parking and sidewalks for access
from 248th. The plan is to build a smaller, off leash area modeled after what other
cities have done. A small dog area is under consideration in the design. Drinking ,
water will be offered, but no large ponds are available in the area for the dogs to
swim.
A work group was created that will kick off the first week in December and will
meet regularly, beginning in January. Sub groups will be created to concentrate
on operation, rules, and fund raising. Construction is planned for next spring.
Council was pleased with the progress and commented on the long standing,
popularity for additional off leash dog areas in Kent. Elizabeth Anderson
complimented staff on the public meeting set up.
Item #5: Director's Report
Budget. The Committee asked Jeff to outline how the budget reductions were
determined. Tim Clark referred specifically to the City Council meeting in
November when citizens attended to comment on program reductions and staff
layoffs in the TOAC Youth/Teen program.
Jeff responded that due to diminished resources, services were reviewed and
decisions were made on what to eliminate. The process started last February
when staff conducted a budget exercise . A chart was developed to evaluate each
service based on three Basic Program Attributes and five Results/Outcomes. Basic
Program Attributes: Mandated Service (federal, state, county), Degree of Self
Support, and Demand for Service. Results/Outcomes were based on our Mission
and Strategic Goals developed by City Council: Healthy Community, Maintain
Current Public Infrastructure, Safety/Safe Community, Economic Benefit to the
Community, Quality Customer Service. The final task was classifying each
program as an A,B,C priority. As staff went through the exercise, unfortunately
TOAC did not score as highly as other services.
Tim Clark referred back to the TOAC program reductions and that citizens
attending the Council meeting made it clear that they went through personal
growth because of the TOAC program. It's a program where leadership and skill
building was learned. Tim added that it was very painful to reduce and delete
programs, but critical to meet as many needs as possible, while being practical.
Elizabeth referenced how tough it was to come to these decisions and see the
impacts to the community. Jeff commented that those speaking at the City
Council meeting certainly reflected on the quality of staff we have in the
youth/teen program.
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Soccer fields. As mentioned in the Parks Plan, some resourceful solutions are
being explored to create new capacity for athletic fields in the community.
Productive and positive conversations are being held with Kent School District to
review either city-owned or school district owned land and ways to create new
capacity on existing land instead of purchasing new land. It is agreed that sports
fields space can be used in multiple formats.
The model/concept for Kent Meridian High School is being pursued vigorously.
Staff has already approached the subject of annexation with the Kent School
District with the idea of duplicating the Kent Meridian model at Kentridge High
School. Attention is going to scheduling and working with the KSD, Kent Youth
Soccer Association, and Kent Little Leagues, for the best use of the fields and
maximizing field availability.
The one hurdle that remains is how to fund the project. Since Capital funds and
REET funds are low, creative financing is necessary. Some private groups are very
interested in assisting with this objective.
Tim Clark asked how the turf condition was at Wilson Park. Jeff responded that it
is good and in its tenth year of use. Due to the specialized maintenance by Parks
Operations staff, the turf is lasting much longer than anticipated.
Carousel
Three non-profit groups were contracted to operate the Carousel this year during
the Holiday season. They are teens from the Kentwood Honor Society, The
Rainbow Girls and the Kent Meridian Pilipino/American Club.
Events
The Holiday Bazaar is December 4th and 5th. Magical Strings Concert is Sunday,
IDecember 6, and Late Night Catechism is Saturday December 12.
Magical Strings plays their Annual Celtic Yuletide Concert on December 6.
Late Nite Catechism is Saturday, December 12.
The Annual Holiday Tree Lighting Celebration is December 15, at Town Square
Plaza at 5:30 p.m.
The Christmas Rush Fun Run is on Saturday, December 12. The route was
changed to begin and end at the Riverbend Golf Complex parking lot because of
the sand bags on the trail.
1 Demo Days takes place on at the Driving Range at Riverbend on Saturday,
December 12.
Kent was awarded the 2011 ASA Girls Fast Pitch Western Regional Tournament. It
will be held at Russell Road Ballfields.
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Jeff acknowledged that Tim Clark is retiring from the City Council and this is his ,
last Parks and Human Services meeting. He extended many thanks to Tim for the
years of service to Kent and his commitment to parks, recreation, and human
services. Tim responded that in working with the Parks Committee and spending
his career in public education, it is encouraging to see the efforts on both public
institutions to create opportunities for the youth -- to learn, explore, grow, and
discover leadership. Tim expressed his appreciation for the common commitment
by Parks employees to the mission. He also commented on the `absolutely
phenomenal" efforts of Parks staff to take risks, while paying attention to the
wide-ranging needs of the population, and catering to the younger clientele and
their challenges. He added that the taxpayer's money is well spent, and when
speaking to the quality of life, it's about opportunity and what we have done for ,
the young people.
Elizabeth commented that Council is excited that Tim will be on the School Board
because he will be a great contact as future partnerships are established. Debbie
Ranniger thanked Tim for the many years of service and his part on the Parks
Committee. She continued that he has been a point of wisdom and advice to the '
entire Council, pointing new members in the right direction.
The meeting adjourned at 5:35 p.m.
i Respectfully subRitted,
, �1
Teri Petrole
Committee Council Secretary
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PUBLIC WORKS COMMITTEE MINUTES
Monday, January 4, 2010
COMMITTEE MEMBERS PRESENT- Committee Chair Debbie Raplee was absent.
Committee members Ron Harmon and Les Thomas were present. The meeting was called
to order at 4.03 p.m.
Thomas received concurrence on all Items from Raplee pnor to the meeting.
ITEM 1 - Aooroval of Minutes Dated December 7, 2009:
Committee Member Harmon moved to approve the minutes of December 7, 2009.
The motion was seconded by Thomas and passed 3-0, with Raplee's concurrence.
ITEM 2 - Consultant Services Contracts for Horseshoe Bend Levee Improvement
Proiect:
Mark Madfai, Design Engineering Supervisor. Madfai noted that the City was successful in
obtaining a $10,000,000 grant from the Washington State Department of Ecology for
1 reconstruction of levees along the Horseshoe Bend section of the Green River.
Preliminary design of the project is well underway. The City is now beginning the right-of-
way acquisition phase of the protect which will require the services of consultants. The
Public Works Department is requesting authorization to enter into contracts with the
following four consulting firms:
I - Strickland, Heischman and Hoss in the amount of $52,500 for preparation of 14
appraisals.
- The Eastman Company in the amount of $63,100 for preparation of 13 appraisals.
The Granger Company in the amount of $25,000 for review of the appraisals.
Appraisal review is a requirement of the federal acquisition process.
- Rittenhouse Consulting in the amount of $82,200 for relocation assistance. Relocation
assistance for displaced owners and tenants is a requirement of the federal acquisition
process.
Harmon moved to recommend Council authorize the Mayor to sign consultant
Services Contracts with Strickland, Heischman & Hoss, The Eastman Company,
The Granger Company and Rittenhouse Consulting for the Horseshoe Bend Levee
Improvement Project subject to terms and conditions acceptable to the City
Attorney and the Public Works Director, The motion was seconded by Thomas
and passed 3-0, with Raplee's concurrence.
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PUBLIC WORKS COMMITTEE MINUTES
Monday, January 4, 2010
ITEM 3 — Consultant Services Agreement w/Northwest Hydraulics Consultants
for Horseshoe Bend:
Mark Madfai, Design Engineering Supervisor stated that Northwest Hydraulic Consultants
Inc will conduct hydraulic modeling of the Horseshoe Bend Levee. This work is required to
determine a levee cross section that will be used to reconstruct the levees for acceptance
by the US Army Corps of Engineers and FEMA.
Committee members requested a breakdown of the total dollars spend on the Horseshoe
Bend Levee project to date.
Harmon moved to authorize the Mayor to sign the consultant services agreement
with Northwest Hydraulic Consultants Inc. (NHC) for $22,253. The agreement is
subject to terms and conditions acceptable to the City Attorney and the Public
Works Director. The motion was seconded by Thomas and passed 3-0, with
Raplee's concurrence.
ITEM 4 — Cancel Public Works Meeting of January 18, 2010:
Public Works Director, Tim LaPorte asked that the Public Works Committee Meeting of
January 18, 2010 be cancelled due to the Martin Luther King Holiday.
There was no formal motion made. It was agreed that the meeting would be
cancelled due to the Martin Luther King Holiday.
ITEM 5 — Special Public Works Committee Meeting Set Date:
Tim LaPorte, Public Works Director, requested that there be a Special Public Works
Committee meeting to be held on Monday, January 25, at 4.00 p.m.
No formal motion was made. Committee members concurred with LaPorte that a
Special Public Works Committee meeting held on Monday, January 25, 2010 at
4:00 p.m.
ITEM 6 Heard as Item 7 — Information Only/2010 Public Works Department ,
Work Plan:
Public Works Director, Tim LaPorte gave an informative PowerPoint Presentation on the
Public Works Departments 2010 Work Plan. '
No Motion Required/Information Only
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' PUBLIC WORKS COMMITTEE MINUTES
Monday, January 4, 2010
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Added Item:
1 Item 7 — Heard as Item 6: Transit Now Route 153, Amendment #1 to Partnership
Agreement:
Cathy Mooney, Senior Transportation Planner let Council members know that there will be
no additional money requested for Amendment No 1. There will however, be a reduction
due to the economy. Mooney explained that this Amendment is effective with the
February 2010 service change through the summer service change 2013. As described in
the Amendment, Route 153 midday service will be reduced from 24 trips to 12 trips for
hourly service. King County will cover one-third of the cost.
Harmon moved to recommend that Council authorize the Mayor to sign
Amendment No. 1 to Transit Now Direct Financial Partnership Agreement for
King County Metro Route 153, upon concurrence of the language there in by the
City Attorney and the Public Works Director. The motion was seconded by
Thomas and passed 3-0, with Raplee's concurrence.
Adiourned:
The meeting was adjourned at 5:28 p.m.
The Next Scheduled Meeting:
January 18, 2010 has been cancelled due to the Martin Luther King holiday.
Special Public Works Committee Meeting:
Monday, January 25, 2010
Cheryl Viseth,
Public Works Committee Secretary
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