HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 10/05/2010 CITY OF KENT
City Council Meeting
Agenda 1
October 5, 2010
Mayor Suzette Cooke
Jamie Perry,Council President
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Councilmembers
Elizabeth Albertson
Ron Harmon
Dennis Higgins i
Deborah Ranniger
Debbie Raplee �� 1
KENT
WASHINGTON '
a; Les Thomas
CITY CLERK
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KENT CITY COUNCIL AGENDAS
KENT October 5, 2010
WASH.NGTON 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 Sneaker Time
1. Water System Update Tim LaPorte 50 minutes
COUNCIL MEETING AGENDA
7:00 p.m.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. CHANGES TO AGENDA
A. FROM COUNCIL, ADMINISTRATION, OR STAFF
B. FROM THE PUBLIC - Citizens may request that an item be added
to the agenda at this time. Please stand or raise your hand to
be recognized by the Mayor.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
B. Community Events
C. "ReLeaf" 2010 at Clark Lake Park Proclamation
3 D. Make A Difference Day Proclamation
E. Master Gardener of the Year
F. Economic Development Report
5. PUBLIC HEARINGS
None
6. PUBLIC COMMENT
7. CONSENT CALENDAR
A. Minutes of Previous Meeting - Approve
B. Payment of Bills - Approve
C. Qualified Energy Conservation Bonds, Ordinance - Adopt
D. 215t Century Community Learning Centers Grant - Accept
E. Communities Putting Prevention to Work Grant - Accept
(Continued)
COUNCIL MEETING AGENDA CONTINUED
F. Adaptive Recreation Position Adjustment - Authorize
G. EarthCorps Agreement - Authorize
8. OTHER BUSINESS
None
9. BIDS
None
10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
12. ADJOURNMENT
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NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's
Office and the Kent Regional Library. The Agenda Summary page and
complete packet are on the City of Kent web site at www.choosekent.com
An explanation of the agenda format is given on the back of this page.
Any person requiring a disability accommodation should contact the City Clerk's Office
in advance at (253) 856-5725. For TDD relay service call the Washington
Telecommunications Relay Service at 1-800-833-6388.
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COUNCIL WORKSHOP
i1) WATER SYSTEM UPDATE
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CHANGES TO THE AGENDA
jCitizens 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
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PUBLIC COMMUNICATIONS
A) PUBLIC RECOGNITION
B) COMMUNITY EVENTS
C) "RELEAF" 2010 AT CLARK LAKE PARK PROCLAMATION
jD) MAKE A DIFFERENCE DAY PROCLAMATION
rE) MASTER GARDENER OF THE YEAR
' F) ECONOMIC DEVELOPMENT REPORT
t PROCLAMIATION
Whereas, the City of Kent has a strong and active volunteer community;
and
Whereas, connecting with others and working together through volunteer service
will unite the diverse groups in our community to undertake and complete
a successful project; and
Whereas, since 2002 the City of Kent has held a ReLeaf volunteer event to focus on
reforestation and revegetation of parks, open spaces and wildlife habitat in
Kent; and
Whereas, to date more than 666 volunteers have planted and cared for trees as part
of ReLeaf, contributing over 1,715 hours with a value to the City of nearly
$24,010; and
Whereas, volunteer service is an investment in the future we all must share and
contribute to; and
Whereas, Kent Parks, Recreation and Community Services Department is dedicated
to enriching lives by providing safe and inviting parks, open spaces and
facilities, and
Whereas, Clark Lake Park's 130 acres provides walking trails, a sparkling lake and
habitat for numerous species;
NOW THEREFORE, I, Suzette Cooke, Mayor of the City of Kent, do hereby proclaim the
day of Saturday, October 9, 2010 as
' "RELEAF" 2010 AT CLARK LAKE PARK
In the City of Kent, and I encourage all citizens to join me in recognizing
the importance of this observance by volunteering your time to help in our community.
In witness whereof, I have hereunto set my hand and caused the seal of Kent to be
affixed this 5th day of October 2010.
a Suze e C oke, Mayor
r` KENT
�F WASHINOTON
PROCZAAATIOX
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"Whereas, the City of.Cent has a strong and active volunteer community; and
"Whereas, connecting with others andworking together through volunteer service
willunite the diverse groups in our community to complete a successful
project; and
`Whereas, since 1995 the City of Xent has joined the millions of volunteers
throughout the nation on the annual✓tilake a Difference Day to improve
the quality of the parks, trails and open spaces in Xent; and
-whereas, Xent Parks, Recreation and Community Services Department is
dedicated to enriching lives by providing safe and inviting parks, open
spaces andfacilities; and
"Whereas, the City of .Cent, the Points of light Foundation, USA -Weekend
magazine, andvolunteers in the Xent community willjoin together for
a common goal to improve facilities in Xent; and
"Whereas, volunteer service is an investment in the future in which we all should
share and contribute; and
I "Whereas, Xent s first off leash park next to Norrill Meadows Park is deserving of
this investment;
NO"W 'VHEREFORE, I, Suzette Cooke, 'Alayor of the City of Xent, do hereby proclaim
the day of Saturday, October 23, 2010 as
i M.? XE A DIFFERENCE DAY
I In the City of Xent, -Washington, andl encourage all citizens to join me in recognizing
the importance of this observance by volunteering your time to help "Make a
Difference"in our community.
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j In witness whereof,, I have hereunto set my hand and caused the seat of Xent to be
affixedthis igth day of October 2oi0.
` T Z tt ooke, -Mayor }
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KE NT _
WASHINGTON
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PUBLIC COMMENT
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Kent City Council Meeting
Date October 5, 2010
Item No. 7A - 7B
CONSENT CALENDAR
7. City Council Action:
Councilmember moves, Councilmember
seconds to approve Consent Calendar Items A through G.
Discussion
Action
7A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of September 21, 2010.
7B. Approval of Bills.
Approval of payment of the bills received through August 15 and paid on
August 15 after auditing by the Operations Committee on September 21, 2010.
Approval of checks issued for vouchers:
Date Check Numbers Amount
8/15/10 Wire Transfers 4259-4279 $2,583,940.68
8/15/10 Regular Checks 645830-646166 1,543,352.70
Void Checks 645942 ($351.91)
Use Tax Payable 888.47
$4,127,829.94
Approval of payment of the bills received through August 31 and paid on
August 31 after auditing by the Operations Committee on September 21, 2010.
1 Approval of checks issued for vouchers:
Date Check Numbers Amount
8/31/10 Wire Transfers 4280-4298 $2,299,981.27
8/31/10 Regular Checks 646167-646560 3,773,293.38
Use Tax Payable 764.26
$6,074,038.91
(Continued on back)
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Kent City Council Meeting
KE T
I September 21, 2010
W/ SHNGON
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)
1 CHANGES TO THE AGENDA
A. From Council, Administration, Staff. (CFN-198) No changes were made.
B. From the Public. (CFN-198) No changes were made.
PUBLIC COMMUNICATIONS
A. Public Recognition. (CFN-198) Recreation and Cultural Services Superintendent
Lori Hogan announced that Kent has been named one of the 100 Best Communities
for Young People by the America's Promise Alliance. School Supenntendant
Dr. Vargas and Parks Director Watling commended staff for their work with young
i people.
B. Community Events. (CFN-198) Ranniger announced the beginning of the
Spotlight Series events, the dedication of Wilson Playfields Expansion, and the
upcoming pet parade and contest. Albertson added that the Food Bank Breakfast will
be held in early October.
C. Geneva Obenchain Proclamation. (CFN-155) Mayor Cooke announced that
Geneva Obenchain is retiring after 48 years with the City. Finance Director
Nachlinger commended Ms. Obenchain on her many accomplishments, and the Mayor
presented her with a proclamation declaring September 30, 2010, as Geneva
Obenchain Day in the City of Kent.
D. Mayor's Day of Concern for the Hungry Proclamation. (CFN-155)
Mayor Cooke noted that the Emergency Feeding Program coordinates an annual foot
drive and proclaimed September 25, 2010, as the Mayor's Day of Concern for the
Hungry. Pat Pawlak and Kent Food Bank Director Morrison explained the project,
encouraged citizens to donate, and accepted the proclamation.
E. National Public Lands Day Proclamation. (CFN-155) Mayor Cooke read a
proclamation explaining National Public Lands Day, and Victoria Andrews of the Parks
Department encouraged volunteers to help plant rain gardens, remove invasive
species, and plant native plants at Turnkey Park on Saturday.
F. Public Safety Report. (CFN-122) Police Chief Strachan updated statistics
covering the end of August and beginning of September, announced an award
received by the Kent Youth Board, explained some calls of note, and presented the
Chief's Award for Professional Excellence to Sgt. Andy Grove for his work on juvenile
prostitution. Officers Caterinicchia, Meyer, and Mullennix were then sworn in by
Mayor Cooke.
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Kent City Council Minutes September 21, 2010
PUBLIC HEARINGS
A. 2011 Budget. (CFN-186) This is the first public hearing on the 2011 budget.
Finance Director Nachlinger explained that this is an opportunity to receive input from
the public and outlined revenues and sources of funds, operating expenses,
expenditures, and staffing in 2010 to provide a context for discussion of the 2011
budget. ,
The Mayor opened the public hearing. Doug Scharnhorst, 431 Clark Avenue North,
requested that funds to study and implement the quiet zone and wayside horns be
made available in the 2011 budget. There were no further comments from the
audience and Harmon moved to close the public hearing. Thomas seconded and the
motion carried.
Councilmember Harmon then noted that the City is no longer required to fund the
Kent Fire Department, which leaves $4.94 million dollars for the 2011 budget. He
suggested giving those funds back to taxpayers and/or funding Human Services to
cover a one-time short fall for Safe Havens in the amount of $230,000; funding $1.5
million for road overlays, pothole repairs and general road repairs and not increasing
taxes on license plate renewal and $20 per vehicle; funding construction of Quiet
Zone rail crossing for the Burlington Northern Railroad at a high estimate of $1.2
million; putting approximately $2 million in a Council Rainy Day lockbox.
B. 2011-2016 Capital Improvement Plan. (CFN-775) This is the first public
hearing to receive input from citizens on the 2011-2016 Capital Improvement Plan.
Finance Director Nachlinger explained the plan and noted that a leveling off of the
revenues allocated to capital is anticipated and projects will be scaled back
accordingly.
Mayor Cooke opened the public hearing. There were no comments from the audiencr
and Perry moved to close the public hearing. Thomas seconded and the motion
carried.
PUBLIC COMMENT
Mari Akmal requested assistance in dealing with a city department and provided three
copies of a DVD containing information on the issue. Mayor Cooke offered to meet
with Ms. Akmal after this meeting. ,
CONSENT CALENDAR
Perry moved to approve Consent Calendar Items A through I. Thomas seconded and
the motion carried.
A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of
September 7, 2010, were approved.
B. Approval of Bills. (CFN-104) Figures are not available for approval.
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Kent City Council Minutes September 21, 2010
C. Washington Traffic Safety Commission Target Zero Teams Memorandum
of Understanding Grant. (CFN-122) The Mayor was authorized to sign all
documents necessary to accept a grant in the amount of $18,603.50 from the
Washington Traffic Safety Commission, and amend the budget and approve fund
disbursement for grant purposes.
D. Parking Restrictions Amendments Ordinance. (CFN-171) Ordinance
No. 3974 amending Chapter 9.38 of the Kent City Code to add new parking restrict-
, tions within the City, to adopt the substantive text of RCW 46.61 570 and RCW
46.61.575 in order to increase the assessed monetary penalty from $20 to $50 to is
allow the City to recoup more of its actual costs incurred in enforcing those parking
j provisions and to reduce the penalty assessed for two-hour parking from $50 to $30
was adopted.
E. Department of Ecology Municipal Stormwater Capacity Grant. (CFN-1038)
The Mayor was authorized to sign all documents necessary to receive a grant from the
Washington State Department of Ecology in the amount of $367,065 as part of the
Fiscal Year 2011 Municipal Stormwater Capacity Grants program, establish a budget
for the funds to be spent within the National Pollutant Discharge Elimination System
(NPDES) Project and expend those funds for grant purposes.
F. U.S. Geological Survey Joint Funding Agreement. (CFN-1038) The Mayor
was authorized to sign the Joint Funding Agreement for Water Resources
Investigations between the City of Kent and the U.S. Geological Survey, amend the
budget accordingly and provide for the disbursement of the funds in accordance with
the agreement.
G. Panther Lake Elementary Sewer Extension Bill of Sale. (CFN-484) The Bill
of Sale for the Panther Lake Elementary Sewer Extension, permit #2080287, for 1654
linear feet of sanitary sewer line was accepted.
H. Tri Med Ambulance Bill of Sale. (CFN-484) The Bill of Sale for Tri Med
Ambulance, permit #2080979, for 1 gate valve, 1 hydrant, 16 linear feet of waterline,
186 linear feet of new street, and 140 linear feet of frontage improvements was
accepted.
I. Excused Absence for Councilmember Albertson. (CFN-198) An excused
absence from the September 7, 2010, Council meeting for Councilmember Albertson
was approved.
REPORTS
1 A. Council President. (CFN-198) No report was given.
B. Mayor. (CFN-198) Mayor Cooke stated that staff is looking into regulations
regarding bikini baristas and that a report should be ready in approximately one
month, that she will be meeting with the governor's staff about financial assistance
for the Green River levees, and that the volleyball players from Norway arrive next
week.
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Kent City Council Minutes September 21, 2010
C. Operations Committee. (CFN-198) No report was given.
D. Parks and Human Services Committee. (CFN-198) No report was given.
E. Economic & Community Development Committee. (CFN-198) No report was
given.
F. Public Safety Committee. (CFN-198) No report was given.
G. Public Works Committee. (CFN-198) No report was given.
H. Administration. (CFN-198) CAO Hodgson asked for copies of Harmon's
comments regarding the budget, explained that the reason the capital fund is low is
because the majority of the funds come from the real estate development and excise
tax, and noted that there will be an executive session of approximately 15 minutes
regarding the Springboard Garage.
REPORTS FROM SPECIAL COMMITTEES
Human Services Commission. (CFN-873) Albertson noted that the Human
Services Commission will hold a public hearing regarding funding at 2:00 o'clock on
October 21 in the 41h floor conference room, and that the recommendations will be
heard at the Parks Committee the same day.
EXECUTIVE SESSION
The meeting recessed to Executive Session at 8:17 p.m. and reconvened at 8:43 p.m.
(CFN-198)
ADJOURNMENT
The meeting adjourned at 8:43 p.m. (CFN-198)
Brenda Jacober, CMC
City Clerk
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Kent City Council Meeting
Date October 5, 2010
Category Consent Calendar - 7C
1. SUBJECT: QUALIFIED ENERGY CONSERVATION BONDS, ORDINANCE -
ADOPT
2. SUMMARY STATEMENT: Adopt Ordinance No. relating to an
allocation of Qualified Energy Conservation Bonds for the HVAC improvements at
the River Bend Golf Course, subject to approval of final terms and conditions by
the City Attorney and the Finance Director, authorize the Mayor to sign all related
documents necessary for the issuance of the bonds, adjust the budget and
allocate funds accordingly. The bonds will be issued as taxable bonds at a rate of
4.67% and are eligible for a subsidy of 65% of the interest cost paid by the U.S.
Treasury. The effective rate paid by the City will be 1.63%.
The budget impact is anticipated to be an annual principal payment of $80,000
annually for 15 years and an annual interest cost will be $56,040, $36,436 to be
paid by the U.S. Treasury, and $19,614 to be paid by the City, with all interest
payments declining annually. The first payment would occur in fiscal year 2010,
and the funds would be available from the operating fund of the golf course.
' In addition to the cost reductions of $650,000 from the final maturity of the
existing debt service in December 2010, the upgrade of this HVAC system should
save approximately $17,000 annually.
3. EXHIBITS: Ordinance
4. RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
S5. FISCAL IMPACT
Expenditure? Yes Revenue? Yes
Currently in the Budget? Yes No X
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seeds
rDISCUSSION:
ACTION:
` ORDINANCE NO.
AN ORDINANCE of the City of Kent,
Washington, providing for the issuance and sale
of a limited tax general obligation bond of the
City in the aggregate principal amount of not to
exceed $1,200,000 to finance costs of a
geothermal energy project of the City, and to pay
costs of issuance of the bond; providing the form
and terms of the bond, and delegating authority
to approve the final terms of the bond.
PASSED: October 5, 2010
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This document prepared by:
' K&L Gates LLP
Seattle, Washington
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LTGO Bond, 2010
(Taxable Qualified Energy Conservation Bond)
TABLE OF CONTENTS
Page 1
SECTION 1. - Definitions ......................................................... 2
SECTION 2. - Authorization of the Bond..................................... 3
SECTION 3. - Description of the Bond ....................................... 3
SECTION 4. - Registration, Transfer and Payment of Bond ........... 4
SECTION S. - Prepayment ....................................................... 5
SECTION 6. - Form of the Bond ................................................ 6
SECTION 7. - Execution of the Bond.......................................... 9
SECTION 8. - Application of Bond Proceeds .............................. 10
SECTION 9. - Tax Covenant; Designation of the Bond as a ,
Qualified Energy Conservation Bond .................... 10
SECTION 10. - Bond Fund; Provision for Payment..................... 11
SECTION 11. - Sale of the Bond ............................................. 12
SECTION 12. - Lost, Stolen or Destroyed Bond ......................... 13
SECTION 13. - Reporting Requirements................................... 13 ,
SECTION 14. - Events of Default ............................................ 14
SECTION 15. - Remedies for Default....................................... 15
SECTION 16. - Right to Enforce Payment................................. 15 ,
SECTION 17. - Exercise of Remedies....................................... 15
SECTION 18. - Fees and Costs of Enforcement of Remedies ....... 16
SECTION 19. - Severability.................................................... 16
SECTION 20. - Effective Date................................................. 17
��- P121266 SC121266_12R 0929M0
CITY OF KENT, WASHINGTON
ORDINANCE NO.
AN ORDINANCE of the City of Kent,
' Washington, providing for the issuance and sale
of a limited tax general obligation bond of the
City in the aggregate principal amount of not to
exceed $1,200,000 to finance costs of a
geothermal energy project of the City, and to pay
costs of issuance of the bond; providing the form
L and terms of the bond; and delegating authority
to approve the final terms of the bond.
' RECITALS
A. The City is designing, constructing and equipping geothermal
' facilities to produce energy for City facilities (the "Project"); and
B. The City is authorized by chapters 35A.40 and 39.46 RCW to
' borrow money and issue a general obligation bond to finance costs of the
Project; and
C. Section 54D of the Internal Revenue Code (the "Code"),
enacted by the American Recovery and Reinvestment Act of 2009,
' authorizes the issuance of a "Qualified Energy Conservation Bond" for
capital expenditures incurred for qualified facilities under Section 45(d) of
' the Code, including geothermal energy facilities; and
D. The City has received from the Washington State Department
of Commerce an allocation of authority to issue up to $1,200,000 of
Qualified Energy Conservation Bonds; and
E. The City requested proposals from banks to purchase a limited
tax general obligation bond (the "Bond") to fund a costs of the Project, and
received four proposals; and
F. The proposal of Banc of America Leasing & Capital, LLC (the
' "Lender") represents the lowest interest cost for the Bond; and
1 P 121266_$C,21266_12R 9/27110
LTGO Bond, 2010
(Taxable Qualified Energy Conservation Bond)
G. The City now desires to authorize the issuance of the Bond as
a Qualified Energy Conservation Bond and to authorize the sale of the Bond '
to the Lender;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, '
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION 1. - Definitions. As used in this ordinance, the following
words shall have the following meanings:
Bond means the City of Kent, Washington Limited Tax General
Obligation Bond, 2010 (Taxable Qualified Energy Conservation Bond), if
any, issued pursuant to this ordinance.
Bond Fund means the LTGO Bond Debt Service Fund described in
Section 10 of this ordinance.
Bond Register means the registration books showing the name,
address and tax identification number of the Registered Owner of the ,
Bond, maintained pursuant to Section 149(a) of the Code.
Bond Registrar, initially, means the Finance Director. At any time ,
following the issuance of the Bond, however, the Finance Director may
determine to appoint a different Bond Registrar, including, but not limited
to the fiscal agency of the State of Washington.
City means the City of Kent, Washington, a municipal corporation of
the State of Washington.
Code means the Internal Revenue Code of 1986, as amended, and ,
shall include all applicable regulations and rulings relating thereto.
Council means the City Council of the City, as the same shall be duly
and regularly constituted from time to time.
Designated City Representative means the Mayor of the City and any ,
successor to the functions of such office.
Federal Tax Certificate means the certificate regarding the status of '
the Bond as a Qualified Energy Conservation Bond under Section 54D of
the Code.
2 P Q1266_SD21266_12R 9127110
LTGO Bond, 2010
(Taxable Qualified Energy Conservation Bond)
' Finance Director means the Finance Director of the City, or any
successor to the functions of the Finance Director.
Fixed Rate means the per annum rate of interest for the Bond equal
' to the seven year U.S. Treasury interest rate swap rate plus 2.50 percent,
as fixed pursuant to the Purchase Contract.
Government Obligations means those obligations now or hereafter
defined as such in chapter 39.53 RCW.
Lender means Banc of America Leasing & Capital, LLC.
Maturity Date means the maturity date for the Bonds approved by
the Designated City Representative pursuant to Section 11 of this
ordinance.
Pro]ect means the design, construction and equipping of a
' geothermal facility to produce energy for City facilities.
Purchase Contract means the contract for the purchase of the Bond
fbetween the Lender and City, executed pursuant to Section 11 of this
ordinance.
' RCW means the Revised Code of Washington.
Registered Owner means the person named as the registered owner
of a Bond in the Bond Register.
SECTION 2. — Authorization of the Bond. The City shall issue and
sell to the Lender its limited tax general obligation bond in the principal
amount of not to exceed $1,200,000 (the "Bond") to provide funds to pay
costs of the Project and costs of issuance of the Bond. The Bond shall be
designated "City of Kent, Washington, Limited Tax General Obligation
Bond, 2010 (Taxable Qualified Energy Conservation Bond)," shall be dated
as of the date of its delivery to the Lender, shall be fully registered as to
both principal and interest, shall be issued as a single fully registered bond,
and shall be numbered R-1 with any additional designation as the Bond
Registrar deems necessary for purposes of identification. i
SECTION 3. — Description of the Bond. The Bond shall bear interest
at the Fixed Rate on unpaid principal from its date or the most recent date
3 P 121266_SCQ 1266_12R 9127/10
LTGO Bond, 2010
' (Taxable Qualified Energy Conservation Bond)
to which interest has been paid. Principal of the Bond shall be payable on
each December 1 in the amounts and in the years set forth in the Purchase ,
Contract. Interest on unpaid principal shall be calculated as set forth in the
Purchase Contract. Interest payments shall be made semiannually on the
first day of each June and December, beginning on the date set forth in the
Purchase Contract, with the final payment of all outstanding principal,
together with interest thereon, on the Maturity Date.
SECTION 4. - Registration, Transfer and Payment of Bond. The
City hereby appoints the Finance Director to act as the Bond Registrar.
The duties of the Bond Registrar hereunder shall be limited to
authenticating the Bond and to remitting money to the Lender on the
payment dates as provided therein. The Bond shall not be transferable,
except as follows: to a purchaser who represent that (i) such purchaser
has sufficient knowledge and experience in financial and business matters
to be able to evaluate the risks and merits of the investment, (ii) such
purchaser understands that the Bond will not be registered under the
Securities Act of 1933, (iii) such purchaser is either an "accredited
investor" within the meaning of Regulation D under the Securities Act of
1933, or a qualified institutional buyer within the meaning of Rule 144A,
and (iv) it is the intention of such purchaser to acquire such Bond (A) for
investment for its own account or (B) for resale in a transaction exempt
from registration under the Securities Act of 1933. The Finance Director
may determine at any time that he no longer wishes to act as Bond
Registrar and thereupon appoint a successor Bond Registrar, which may or
may not be the fiscal agency of the State of Washington. The Bond
Registrar is authorized, on behalf of the City, to authenticate and deliver '
the Bond and to carry out all of the Bond Registrar's powers and duties
under this ordinance.
Principal of and interest on the Bond shall be payable in lawful
money of the United States of America. Installments of principal of and
interest on the Bond shall be paid by check, wire, or electronic transfer on
4 P 121266_SO21266_12R 9/27110
LTGO Bond, 2010
(Taxable Qualified Energy Conservation Bond)
the date due to the Registered Owner; provided, however, the final
' installment of principal on the Bond shall be payable only upon
presentation and surrender of the Bond by the Registered Owner at the
principal office of the Bond Registrar.
SECTION 5. - Prepayment. The City reserves the right to prepay
the Bond in advance of its maturity, in whole on any date, upon payment
of a prepayment penalty equal to two percent of the principal amount of
the Bond prepaid plus accrued interest to the date of prepayment, as set
forth in the Purchase Contract.
The Bond is further subject to extraordinary mandatory prepayment,
in whole or in part, in an amount equal to the unexpended proceeds of the
sale of the Bond, to preserve the designation of the Bonds under Section
54D(e)(1) of the Code as a Qualified Energy Conservation Bond, at a
prepayment price equal to the principal amount of the Bond prepaid plus
accrued interest to the date of prepayment, plus a prepayment penalty
' equal to two percent of the principal amount of the Bond prepaid, but only
to the extent that the City fails to expend all of the proceeds of the Bond
within three years of issuance thereof, as such period may be extended by
the Internal Revenue Service.
The City will notify the Registered Owner at least thirty days in
i
advance of its intent to prepay.
5 P 121266_SC121266_12R 9/27/10
LTGO Bond, 2010
(Taxable Qualified Energy Conservation Bond)
SECTION 6.- Form of the Bond. The Bond shall be in substantially
the following form: ,
UNITED STATES OF AMERICA
NO. R-1 $ '
STATE OF WASHINGTON
CITY OF KENT, WASHINGTON
LIMITED TAX GENERAL OBLIGATION BOND, 2010
(TAXABLE QUALIFIED ENERGY CONSERVATION BOND) ,
INTEREST RATE: %
MATURITY DATE:
REGISTERED OWNER: Banc of America Capital & Leasing, LLC
TAX IDENTIFICATION #: 52-2185192
PRINCIPAL AMOUNT: ,
The City of Kent, Washington (the "City"), hereby acknowledges
itself to owe and for value received promises to pay to the Registered '
Owner identified above, or registered assigns, the Principal Amount
indicated above, pursuant to principal payments as set forth below, and to
pay interest thereon at the Interest Rate set forth above from ,
, 2010, or the most recent date to which interest has been
paid or duly provided for until payment of this bond. Interest on this bond
is payable on December 1, 20_, and semiannually thereafter on the first
day of each succeeding June and December. Principal payments on this
bond are payable on December 1 as follows:
December 1 Principal Amount Due ,
Both principal of and interest on this bond are payable in lawful
money of the United States of America. Installments of the principal of ,
and interest on this bond shall be paid by check, draft or electronic funds
transfer on the date such interest is due to the Registered Owner or
nominee at the address appearing on the Bond Register. Upon final '
payment of all installments of principal and interest thereon, this bond
shall be submitted to the Bond Registrar for cancellation and surrender.
This bond is issued pursuant to Ordinance No. of the City (the ,
"Bond Ordinance"), to provide funds to design, construct and equip a
geothermal facility to produce energy for City facilities. Capitalized terms
appearing on this bond and not otherwise defined herein shall have the
meanings given such terms in the Bond Ordinance.
6 P�21266_S021266_12R 9127lla
LTGO Bond, 2010
(Taxable Qualified Energy Conservation Bond)
1
The City reserves the right to prepay this bond prior to maturity as
provided in the Bond Ordinance. This bond is also subject to extraordinary
mandatory prepayment prior to maturity as provided in the Bond
Ordinance.
This bond is not transferable, except in whole as follows: to a
purchaser who represent that (i) such purchaser has sufficient knowledge
and experience in financial and business matters to be able to evaluate the
risks and merits of the investment, (ii) such purchaser understands that
the Bond will not be registered under the Securities Act of 1933, (111) such
purchaser is either an "accredited investor" within the meaning of
' Regulation D under the Securities Act of 1933, or a qualified institutional
buyer within the meaning of Rule 144A, and (iv) it is the intention of such
purchaser to acquire such Bond (A) for investment for its own account or
(B) for resale in a transaction exempt from registration under the
Securities Act of 1933.
' The City hereby irrevocably covenants and agrees with the
Registered Owner of this bond that it will include in its annual budget and
levy taxes annually, within and as a part of the tax levy permitted to the
' City without a vote of the electorate, upon all the property subject to
taxation in amounts sufficient, together with other money legally available
therefor, to pay the principal of and interest on this bond as the same shall
' become due. The full faith, credit and resources of the City are hereby
irrevocably pledged for the annual levy and collection of such taxes and the
prompt payment of such principal and interest.
' This bond is not a "qualified tax-exempt obligation" for investment
by financial institutions under Section 265(b) of the Code. Interest on this
' bond is not excludable from gross income for purposes of federal income
taxation.
' It is hereby certified that all acts, conditions and things required by
the Constitution and statutes of the State of Washington to exist, to have
happened, been done and performed precedent to and in the issuance of
' this bond exist and have happened, been done and performed and that the
issuance of this bond does not violate any constitutional, statutory or other
limitation upon the amount of bonded indebtedness that the City may
' incur.
' 7 P 121266_SC'21266_12R 9127MO
LTGO Bond, 2010
' (Taxable Qualified Energy Conservation Bond)
IN WITNESS WHEREOF, the City of Kent, Washington has caused
this bond to be executed by the manual or facsimile signatures of the
Mayor and City Clerk and the seal of the City imprinted, impressed or '
otherwise reproduced hereon as of this day of , 2010.
CITY OF KENT, WASHINGTON '
/s/ manual or facsimile
By Mayor '
ATTEST:
/s/ manual or facsimile ,
City Clerk
[SEAL] '
The Bond Registrar's Certificate of Authentication on the Bond shall '
be in substantially the following form:
CERTIFICATE OF AUTHENTICATION ,
This bond is described in the within mentioned Bond Ordinance and ,
is the Limited Tax General Obligation Bond, 2010 (Taxable Qualified Energy
Conservation Bond) of the City of Kent, Washington, dated ,
2010. ,
FINANCE DIRECTOR,
as Bond Registrar '
By
8 P 121266_$C21266_12R 9/27/10 '
LTGO Bond, 2010
(Taxable Qualified Energy Conservation Bond) ,
1
REGISTRATION CERTIFICATE
This bond is registered in the name of the Registered Owner on the
books of the City, in the office of the City Finance Director (the "Bond
Registrar ), as to both principal and interest, as noted in the registration
blank below. All payments of principal of and interest on this Bond shall be
made by the City by the Bond Registrar's check, draft or electronic funds
transfer, made payable to the last Registered Owner as shown hereon and
1 on the registration books of the Bond Registrar at his/her address noted
hereon and on the registration books of the Bond Registrar.
1 Date of Name and Address of Signature of
Registration Registered Owner Registrar
2010 Banc of America Leasing City Finance Director
& Capital, LLC
SECTION 7. - Execution of the Bond. The Bond shall be executed
on behalf of the City with the manual or facsimile signatures of the Mayor
and City Clerk of the City and the seal of the City shall be impressed,
imprinted or otherwise reproduced thereon.
1 Only such Bond as bears thereon a Certificate of Authentication in
the form hereinbefore recited, manually executed by the Bond Registrar,
shall be valid or obligatory for any purpose or entitled to the benefits of
this ordinance. Such Certificate of Authentication shall be conclusive
1 evidence that the Bond so authenticated have been duly executed,
authenticated and delivered hereunder and are entitled to the benefits of
1 this ordinance.
In case either of the officers who shall have executed the Bond shall
cease to be an officer or officers of the City before the Bond so signed shall
have been authenticated or delivered by the Bond Registrar, or issued by
1 the City, such Bond may nevertheless be authenticated, delivered and
issued and upon such authentication, delivery and issuance, shall be as
binding upon the City as though those who signed the same had continued
to be such officers of the City. The Bond may be signed and attested on
1 behalf of the City by such persons who at the date of the actual execution
of the Bond, are the proper officers of the City, although at the original
9 P\21266_S021266_12R 9127110
LTGO Bond, 2010
' (Taxable Qualified Energy Conservation Bond) ak
i
date of the Bond any such person shall not have been such officer of the
City.
SECTIONS. - Application of Bond Proceeds. The proceeds of sale
of the Bond shall be deposited in the 2010 Project Fund (the "Project i
Fund") of the City and shall be expended solely to pay the costs of the
Project and the costs of issuing and selling the Bond, as authorized herein. i
The Finance Director or his designee may invest money in the Project Fund
in legal investments for City funds. Earnings on such investments shall i
accrue to the benefit of the Project Fund. Any part of the proceeds of the
Bond remaining in the Project Fund after all costs of the Project have been
paid (including costs of issuance) shall be applied as set forth in the
Federal Tax Certificate. Proceeds of the Bond remaining in the Project
Fund three years after issuance of the Bond, as such period may be
extended by the Internal Revenue Service, shall be applied to prepay all or
a portion of the Bond pursuant to the extraordinary mandatory prepayment
provision under Section 5 of this ordinance. i
SECTION 9. - Tax Covenant; Designation of the Bond as a Qualified
Energy Conservation Bond. The City hereby makes an irrevocable
designation under Section 54D(e)(1) of the Code that the Bond be issued
and sold as a Qualified Energy Conservation Bond. The City makes a
further irrevocable designation to have Section 6431(f)(3)(B) of the Code,
apply to the Bonds, with the effect that that the Bonds will be issued and
sold as direct payment tax credit bonds as set forth in the Federal Tax
Certificate.
The City hereby covenants that it will comply with the covenants set
forth in the Federal Tax Certificate. The City will take such additional
actions as are required to qualify such Bond as a Qualified Energy
Conservation Bond, to maintain such qualification and to seek
reimbursement of the applicable federal subsidy in the future on a timely
basis. '
10 P 121266_SC\21266_12R 9127110
LTGO Bond, 2010
(Taxable Qualified Energy Conservation Bond)
The City has not designated the Bond as a "qualified tax-exempt
obligation" under Section 265(b)(3) of the Code for investment by financial
institutions.
SECTION 10. — Bond Fund; Provision for Payment. The City has
heretofore established a fund to be used for the payment of debt service
on the Bond, designated as the "LTGO Bond Debt Service Fund" (the "Bond
Fund"). No later than the date each payment of principal of or interest on
the Bond matures or becomes due and payable, the City shall transmit
sufficient funds, from the Bond Fund or from other legally available sources
to the Bond Registrar for the payment of such principal and interest.
Money in the Bond Fund not needed to pay the interest or principal next
coming due may temporarily be deposited in legal investments for City
funds.
The City hereby irrevocably covenants and agrees for as long as the
Bond is outstanding and unpaid that each year it will include in its budget
and levy an ad valorem tax upon all the property within the City subject to
taxation in an amount that will be sufficient, together with all other
revenues and money of the City legally available for such purposes, to pay
the principal of and interest on the Bond as the same shall become due.
The City hereby irrevocably pledges that the annual tax provided for
herein to be levied for the payment of such principal and interest shall be
within and as a part of the tax levy permitted to cities without a vote of the
electorate, and that a sufficient portion of each annual levy to be levied
and collected by the City prior to the full payment of the principal of and
interest on the Bond will be and is hereby irrevocably set aside, pledged
and appropriated for the payment of the principal of and interest on the
Bond. The full faith, credit and resources of the City are hereby irrevocably
pledged for the annual levy and collection of said taxes and for the prompt
payment of the principal of and interest on the Bond as the same shall
become due.
11 P 121266_3021266_12R 9/27/10
LTGO Bond, 2010
(Taxable Qualified Energy Conservation Bond)
SECTION 11. - Sale of the Bond. Due to the need to expeditiously
set the Fixed Rate under the Purchase Contract, the Council has
determined that it would be in the best interest of the City to delegate to
the Designated City Representative for a limited time the authority to
determine whether to proceed with the issuance of the Bond, and to
approve the final Fixed Rate, Maturity Date, principal amount, payment
dates, and annual principal payment amounts on the Bond. The
Designated City Representative is authorized to approve the final Fixed
Rate, Maturity Date, principal amount, payment dates, and annual principal
payment amounts on the Bond so long as (i) the principal amount of the
Bond does not exceed $1,200,000; (if) the Fixed Rate for the Bond does
not exceed 6.50%; and (iii) the Maturity Date of the Bond is not later than
December 1, 2024.
The Bond shall be sold to the Lender pursuant to the terms of the
Purchase Contract. The Designated City Representative is hereby
authorized to execute the Purchase Contract, with such terms as are
approved by the Designated City Representative pursuant to this section
and consistent with this ordinance.
In determining whether or not to proceed with determining the final
Fixed Rate, Maturity Date, principal amount, payment dates, and annual
principal payment amounts, the Designated City Representative, in
consultation with City staff, shall take into account those factors that, in
her judgment, will result in the lowest net interest cost on the Bond to its
Maturity Date, including, but not limited to current financial market
conditions and current interest rates for obligations comparable in tenor
and quality to the Bond. Subject to the terms and conditions set forth in
this Section 11, the Designated City Representative is hereby authorized to
execute the final form of the Purchase Contract, upon the Designated City
Representative's approval of the final Fixed Rate, Maturity Date, principal
amount, payment dates, and annual principal payment amounts set forth
therein. Following the execution of the Purchase Contract, the Designated
City Representative shall provide a report to the Council, describing the
12 P 121266_S021266_12R 9127110
LTGO Bond, 2010
(Taxable Qualified Energy Conservation Bond)
final terms of the Bond approved pursuant to the authority delegated in
this section.
The authority granted to the Designated City Representative by this
Section 11 shall expire 120 days after the date of approval of this
ordinance. If a Purchase Contract for the Bond has not been executed
within 120 days after the date of final approval of this ordinance, the
authorization for the issuance of the Bond shall be rescinded, and the Bond
shall not be issued nor their sale approved unless the Bond shall have been
re-authorized by ordinance of the Council. The ordinance re-authorizing
the issuance and sale of the Bond may be in the form of a new ordinance
repealing this ordinance in whole or in part or may be in the form of an
amendatory ordinance approving a purchase contract or establishing terms
and conditions for the authority delegated under this ordinance.
Upon the passage and approval of this ordinance, the proper officials ,
of the City, including the Designated City Representative, are authorized to
undertake all actions necessary for the prompt execution and delivery of
the Bond to the Lender and further to execute all closing certificates and
documents required to effect the closing and delivery of the Bond in
accordance with the terms of the Purchase Contract.
SECTION 12. - Lost, Stolen or Destroyed Bond. In case the Bond
shall be lost, stolen or destroyed, the Bond Registrar may execute and
deliver a new Bond of like date, number and tenor to the Registered Owner
thereof upon the Registered Owner's paying the expenses and charges of
the City and the Bond Registrar in connection therewith and upon his/her
filing with the City evidence satisfactory to the City that the Bond was
actually lost, stolen or destroyed and of his/her ownership thereof, and
upon furnishing the City and/or the Bond Registrar with indemnity
satisfactory to the City and the Bond Registrar.
SECTION 13, - Reporting Requirements. The City has kept, and so
long as the Bond is outstanding, shall keep, its books and records in
accordance with generally accepted accounting principles and practices
13 P 121266_SC121266_12R 9127M0
LTGO Bond, 2010
(Taxable Qualified Energy Conservation Bond)
consistently applied, and in accordance with legal requirements, and shall
deliver to Lender (i) annual audited financial statements (including (1) a
balance sheet, (2) statement of revenues, expenses and changes in fund
balances for budget and actual, (3) statement of cash flows, and (4)
footnotes, schedules and attachments to the financial statements) within
210 days after its fiscal year end, (ii) such other financial statements and
information as Lender may reasonably request, and (iii) its annual budget
for the following fiscal year when approved but not later than 30 days prior
to its current fiscal year end. Credit information relating to the City may
be disseminated among Lender and any of its affiliates and any of their
respective successors and assigns.
SECTION 14. - Events of Default. Each of the following events is
hereby declared an "Event of Default" under this ordinance.
A. Payment of the principal of the Bond shall not be made
when the same shall become due and payable, either at maturity or
otherwise;
B. Payment of any installment of interest on the Bond
shall not be made when the same becomes due and payable;
C. An order or decree shall be entered by a court of
competent jurisdiction with the consent or acquiescence of the City
appointing a receiver or receivers for the City and its finance, or if an
order or decree having been entered without the consent of
acquiescence of the City, shall not be vacated or discharged or
stayed on appeal within sixty (60) days after entry;
D. The City shall have made any materially false or
misleading statement or omitted to state material information with
respect to the sale of the Bond; and
E. The City shall default in the due and punctual
performance of any other of the representations, covenants,
conditions, agreements and other provisions contained in the Bond
or in this ordinance on its part to be performed, if such default shall
14 P 121266_SCQ1266_12R 9127110
LTGO Bond, 2010
(Taxable Qualified Energy Conservation Bond)
i
continue for sixty (60) days after written notice specifying such
default and requiring the same to be remedied shall have been give
to the City by the Registered Owner of the Bond.
SECTION 15. - Remedies far Default. Upon the occurrence and
continuance of any Event of Default, as provided in Section 14 hereof, then
and in every case the Registered Owner of the Bond, including, without
limitation, a trustee or trustees therefor; may proceed against the City in
equity or at law, in any court of competent jurisdiction, either for the
appointment of a receiver or for the specific performance of any covenant
or agreement contained herein or for the enforcement of any proper, legal
or equitable remedy as such Registered Owner may deem most effectual to
protect and to enforce the rights aforesaid, or thereby to enjoin any act or
thing which may be unlawful or in violation of any right of the Registered
Owner of the Bond, or to require the City to act as if it were the trustee of
an expressed trust, or any combination of such remedies. The Registered
Owner of the Bond shall also be entitled to all of the privileges, rights and
remedies provided or permitted at law or in equity or by any statutes.
Commencing 30 days following an Event of Default and for the duration of
the Event of Default, the interest rate on the Bond shall bear interest at the
Fixed Rate, plus 5% per annum or the maximum amount permitted by law,
whichever is less, from such date.
SECTION 16. - Right to Enforce Payment. Nothing in this
ordinance affects or impairs the right of the Registered Owner of the Bond
issued hereunder to enforce the payment of the principal, redemption
premium and interest on the Bond or the obligation of the City to pay the
principal, redemption premium and interest on the Bond to the Registered
Owner thereof at the time and the place expressed in the Bond.
SECTION 17. - Exercise of Remedies. The failure of the Registered
Owner of the Bond to proceed in any manner herein provided shall not
relieve the City, the City Council, or any of its officers, agents or
15 P 121266_$C21266_12R 912VIO
LTGO Bond, 2010
(Taxable Qualified Energy Conservation Bond)
I
employees of any liability for failure to perform or carry out any duty,
obligation or other commitment. Each right or privilege of any such owner
is in addition and is cumulative to any other right or privilege, and the
exercise of any right or privilege by or on behalf of any of them shall not
be deemed a waiver of any other right or privilege thereof.
SECTION 18. - Fees and Costs of Enforcement of Remedies. The
City shall also be responsible for the reasonable fees and costs, including
attorney's fees, of the Registered Owner of the Bond including, without
limitation, a trustee or trustees therefore, and any receiver incurred in the
enforcement of the Registered Owner's remedies in an Event of Default by
the City.
SECTION 19. - Severability. If any one or more of the covenants
or agreements provided in this ordinance to be performed on the part of
the City shall be declared by any court of competent jurisdiction to be
contrary to law, then such covenant or covenants, agreement or
agreements, shall be null and void and shall be deemed separable from the
remaining covenants and agreements of this ordinance and shall in no way
affect the validity of the other provisions of this ordinance or of the Bond.
i
1
16 P 121266_SC121266_12R 9127110
LTGO Bond, 2010
(Taxable Qualified Energy Conservation Bond)
SECTION 20. - 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:
K&L GATES LLP
Special Counsel and Bond Counsel
PASSED: 5th day of October, 2010.
APPROVED: day of October, 2010.
PUBLISHED: day of October, 2010.
17 P 121266_SCV1266_12R 9127110
LTGO Bond, 2010
(Taxable Qualified Energy Conservation Bond)
CERTIFICATION
I, the undersigned, City Clerk of the City of Kent, Washington (the
"City"), hereby certify as follows:
1. The attached copy of Ordinance No. (the
"Ordinance") is a full, true and correct copy of an ordinance duly passed at
a regular meeting of the City Council of the City held at the regular
meeting place thereof on October 5, 2010, as that ordinance appears on
the minute book of the City; and the Ordinance will be in full force and
effect five days after publication in the City's official newspaper; and
2. A quorum of the members of the City Council was present
throughout the meeting and a majority of those members present voted in
the proper manner for the passage of the Ordinance.
IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of
October, 2010.
CITY OF KENT, WASHINGTON
Brenda Jacober, City Clerk
P121266_SM1266_12R 09MO
Kent City Council Meeting
Date October 5, 2010
Category Consent Calendar - 7D
1. SUBJECT: 21ST CENTURY COMMUNITY LEARNING CENTERS GRANT - ACCEPT
2. SUMMARY STATEMENT: Accept the grant from the Washington Alliance for
Better Schools in the amount of $6,190 for Mill Creek All Stars and Millennium
Elementary After School programs, amend the budget, authorize expenditure of
the funds in accordance with the grant agreement, and authorize the Mayor to
sign all necessary documents, subject to terms and conditions acceptable to the
City Attorney.
The grant is reimbursement for program services provided at Mill Creek Middle
School and Millennium Elementary as part of the agreed partnership of the
Federal grant titled "215t Century Community Learning Center." This grant is for
five (5) years, subject to annual renewal and covers program expenses including
staffing and supplies.
3. EXHIBITS: Grant Agreement
4. RECOMMENDED BY: Parks & Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue? X
Currently in the Budget? Yes No X
6. CITY COUNCIL ACTION: '
jCouncilmember moves, Councilmember secohds
DISCUSSION:
ACTION:
I�
2009-2010
AGREEMENT BETWEEN
1 Kent Parks and Recreation AND
THE WASHINGTON ALLIANCE FOR BETTER SCHOOLS
This agreement is made and entered into by and between, Kent Park and
Recreation hereinafter referred to as " Kent Parks " and Washington Alliance for
Better Schools, hereinafter referred to as "WABS".
PURPOSE:
Kent Parks, in conjunction with WABS agree to partnership in the application of the
federal grant title"21st CENTURY COMMUNITY LEARNING CENTER". This grant is
for five (5) years subject to annual renewal. It is the purpose of this Agreement to
outline the obligations and expectations of the Kent Parks and Recreation and WABS
regarding their partnership to provide services to the five Kent Schools consistent
with this grant.
STATEMENT OF WORK:
Kent Parks supports the opportunity to add East Hill Elementary (the budget is
below). We are open to discussing the potential of bringing the program to other
elementary schools in the Kent School district, contingent on additional staffing and
resources that may become available through this grant.
Budget for Mill Creek Middle School:
Staffing: 1 staff x$28 per hour x 1 hour per day x 26 days $728.00
1 1 staff x$11.50 per hour x 4hours per day x 26 days $1,196.00
2 staff x$9.00 per hour x 4 hours per day x 26 days $1,872.00
Supplies: Games, arts and crafts $ 420.00
Food: $ 932.00
TOTAL $5,148.00
Kent Parks and Recreation
By:
Date:
WASHINGTON ALLIANCE FOR BETTER SCHOOLS
By:
Dr. Jonelle Adams, Executive Director Al
Date:
2009-2010
AGREEMENT BETWEEN
Kent Parks and Recreation AND
THE WASHINGTON ALLIANCE FOR BETTER SCHOOLS
This agreement is made and entered into by and between, Kent Park and
Recreation hereinafter referred to as " Kent Parks " and Washington Alliance for
Better Schools, hereinafter referred to as "WABS".
PURPOSE:
Kent Parks, in conjunction with WABS agree to partnership in the application of the
federal grant title "21st CENTURY COMMUNITY LEARNING CENTER". This grant is
for five (S) years subject to annual renewal. It is the purpose of this Agreement to
outline the obligations and expectations of the Kent Parks and Recreation and WABS
regarding their partnership to provide services to the five Kent Schools consistent
with this grant.
STATEMENT OF WORK:
Kent Parks supports the opportunity to add East Hill Elementary (the budget is
below). We are open to discussing the potential of bringing the program to other
elementary schools in the Kent School district, contingent on additional staffing and
resources that may become available through this grant.
Budget for Millennium Elementary:
Staffing: 1 staff x$28 per hour x 1 hour per day x 19 days $532.00
1 staff x$10.50 per hour x 1 hours per day x 19 days $199.50
1 staff x$9.50 per hour x 1 hours per day x 19 days $180.50
Supplies: Games, arts and crafts $ 130.00
TOTAL $1,042.00
Kent Parks and Recreation
By:
Date:
WASHINGTON ALLIANCE FOR BETTER SCHOOLS
By:
Dr. Jonelle Adams, Executive Director
Date:
l
Kent City Council Meeting
Date October 5, 2010
Category Consent Calendar - 7E
1. SUBJECT: COMMUNITIES PUTTING PREVENTION TO WORK GRANT - ACCEPT
2. SUMMARY STATEMENT: Accept the grant from the Seattle/King County
Health Department under the Communities Putting Prevention to Work Program
in the amount of $180,000, amend the budget, authorize expenditure of the
funds in accordance with the grant agreement, and authorize the Mayor to sign all
necessary documents, subject to terms and conditions acceptable to the City
Attorney. 4
The City of Kent has been awarded $180,000 from the Seattle/King County
Health Department under the Communities Putting Prevention to Work (CPPW)
grant. This economic stimulus grant is administered nationally through the
Centers for Disease Control and is aimed at reducing obesity and tobacco use.
Grant funds will used to complete bicycle pedestrian planning, analyze options to
increase access to healthy food for at-risk and school aged populations, and
implement nutritional standards within City facilities.
3. EXHIBITS: Grant Agreement
4. RECOMMENDED BY: Parks & Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue? X
Currently in the Budget? Yes _ No X
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Public Health
Seattle & King County
King County Contract No D40445D
Federal Taxpayer ID No 91-1355875
This form is available in alternate formats for people with disabilities upon request.
KING COUNTY CONTRACT FOR ARRA/CPPW GRANT SERVICES — 2010
Department Seattle-King County Dept. of Public Health (a k a. Public Health — Seattle
Division & King Count HEAL
Contractor City of Kent
Project Title CPPW Healthy Eating Active Living
Contract Amount One Hundred Eighty Thousand Dollars and Zero Cents
Contract Period Start date: 07/21/2010 End date 03/19/2012
THIS CONTRACT is entered into by KING COUNTY (the "County"), and City of Kent (the "Contractor"),
whose address is 220 4th Ave S,Kent,WA , 98032-5895.
WHEREAS, the County has been advised that the funding source for this Contract is the American
Recovery and Reinvestment Act-Communities Putting Prevention to Work (ARRA-CPPW) grant, CDC
Award Number 1U58DPOO2422-01 (Tobacco) or 1U58DP002423-01 (Obesity), CFDA Number 93 724,
and
WHEREAS, the County desires to have certain services performed by the Contractor as described in this
Contract,
NOW THEREFORE, in consideration of payments and agreements hereinafter mentioned, to be made
and performed by the parties hereto, the parties mutually agree as follows
I. Incorporation of Exhibits
The Contractor shall provide services and comply with the requirements set forth in the following
attached exhibits, which are incorporated herein by reference
A. Program Exhibits
•Exhibit A Scope of Work
•Exhibit B, Budget
•Exhibit C Invoice
•Exhibit D Special Conditions for ARRA-CPPW
B. King County Required Forms
Exhibit E Contractor's Certificate of Insurance and Additional Insured Endorsement,
II. Term and Termination
C. This Contract shall commence on the 21 day of July 2010, and shall terminate on the 19 day of
March 2012, unless extended or terminated earlier, pursuant to the terms and conditions of the
Contract.
D. This Contract may be terminated by the County or the Contractor without cause, in whole or in
part, prior to the date specified in Subsection ILA above, by providing the other party thirty (30)
days advance written notice of the termination. I
E. The County may terminate this Contract, in whole or in part, upon seven (7) days advance written '
notice in the event (1) the Contractor materially breaches any duty, obligation, or service required
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pursuant to this Contract, 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 II C (1), the Contractor 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 Contractor, including but not limited to
misappropriation, nonperformance of required services, or fiscal mismanagement, the Contractor
shall return to the County immediately any funds, misappropriated or unexpended, which have
been paid to the Contractor by the County
F. If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to
the termination date set forth above in Subsection II A , the County may, upon written notification
to the Contractor, terminate this Contract in whole or in part
If the Contract is terminated as provided in this Subsection (1) the County will 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 Contractor shall be released 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 will terminate at the close of
the current appropriation year.
G. 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.
III. Compensation and Method of Payment
H. The County shall reimburse the Contractor for satisfactory completion of the services and
requirements specified in this Contract, payable in the following manner
Upon receipt and approval of a signed invoice as set forth in Exhibit C that complies with the
budget in Exhibit B.
I The Contractor shall submit an invoice and all accompanying reports as specified in the attached
exhibits not more than 15 working days after the close of each indicated reporting period The
County will initiate accelerated authorization for payment after approval of corrected invoices and
reports The County shall make payment to the Contractor not more than 10 days after a complete
and accurate invoice is received.
J. The Contractor shall submit its final invoice and all outstanding reports within 30 days of the date
this Contract terminates If the Contractor's final invoice and reports are not submitted by the day
specified in this subsection, the County will be relieved of all liability for payment to the Contractor
of the amounts set forth in said invoice or any subsequent invoice
K. When a budget is attached hereto as an exhibit, the Contractor shall apply the funds received from
the County under this Contract in accordance with said budget. The Contract may contain
separate budgets for separate program components The Contractor shall request prior approval
from the County for an amendment to this Contract when the cumulative amount of transfers
among the budget categories is expected to exceed 10% of the Contract amount in any Contract
budget Supporting documents necessary to explain fully the nature and purpose of the
amendment must accompany each request for an amendment
L. If travel costs are contained in the attached budget, reimbursement of Contractor travel, lodging,
and meal expenses are limited to the eligible costs based on the following rates and criteria
1. The mileage rate allowed by King County shall not exceed the current Internal Revenue
Service (IRS) rates per mile as allowed for business related travel The IRS mileage rate
shall be paid for the operation, maintenance and depreciation of individually owned vehicles
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for that time which the vehicle is used during work hours, Parking shall be the actual cost
When rental vehicles are authorized, government rates shall be requested. If the Contractor
does not request government rates, the Contractor shall be personally responsible for the
difference Please reference the federal web site for current rates http•//www gsa gov.
2. Reimbursement for meals shall be limited to the per diem rates established by federal travel
requisitions for the host city in the Code of Federal Regulations, 41 CFR § 301, App A.
3. Accommodation rates shall not exceed the federal lodging limit plus host city taxes The
Contractor shall always request government rates
4. Air travel shall be by coach class at the lowest possible price available at the time the
County requests a particular trip In general, a trip is associated with a particular work activity
of limited duration and only one round-trip ticket, per person, shall be billed per trip
IV Internal Control and Accountinq System
The Contractor shall establish and maintain a system of accounting and internal controls which
complies with applicable, generally accepted accounting principles, and governmental accounting
and financial reporting standards
V. Debarment and Suspension Certification
Agencies receiving federal funds that are debarred, suspended, or proposed for debarment are
excluded from contracting with the County. The Contractor, by signature to this Contract, certifies
that the Contractor is not presently debarred, suspended, or proposed for debarment by any
Federal department or agency The Contractor also agrees that it will not enter into a subcontract
with a contractor that is debarred, suspended, or proposed for debarment. The Contractor agrees
to notify King County in the event it, or a subcontractor, is debarred, suspended, or proposed for
debarment by any Federal department or agency For more information on suspension and
debarment, see Federal Acquisition Regulation 9 4.
VI. Maintenance of Records/Evaluations and Inspections
M The Contractor 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
N. In accordance with the nondiscrimination and equal employment opportunity requirements set forth
in Section XIV, below, the Contractor shall maintain 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 Contractor
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
3. The County may visit the site of the work and the Contractor's office to review the foregoing
records The Contractor shall provide every assistance requested by the County during such
visits and make the foregoing records available to the County for inspection and copying
upon request The Contractor shall provide right of access to its facilities—including those of
any subcontractor assigned any portion of this Contract pursuant to Section XIII—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 will give
advance notice to the Contractor in the case of fiscal audits to be conducted by the County.
The Contractor shall comply with all record keeping requirements set forth in any federal Ak
rules, regulations or statutes included or referenced in the contract documents The
Contractor shall inform the County in writing of the location, if different from the Contractor
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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
(10)working days of any such relocation.
O The records listed in A and B above shall be maintained for a period of six (6) years after
termination of this Contract 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 (6)
years after termination hereof, unless a longer retention period is required by law
P. The Contractor agrees to cooperate with the County or its agent in the evaluation of the
Contractor's performance under this Contract and to make available all information reasonably
required by any such evaluation process. The results and records of said evaluations shall be
maintained and disclosed in accordance with RCW Chapter 42.56
0. The Contractor 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
VII. Compliance with the Health Insurance Portability Accountability Act of 1996 (HIPAA)
The Contractor shall not use protected health information created or shared under this Contract in
any manner that would constitute a violation of HIPAA and any regulations enacted pursuant to its
provisions
Vill. Audits
R. If the Contractor or subcontractor is a non-profit organization as defined in OMB Circular A-133,
and expends a total of$500,000 or more in federal financial assistance and has received federal
financial assistance from the County during its fiscal year, then the Contractor or subcontractor
shall meet the respective A-133 requirements described in subsections VIII B. and VIII C
S. If the Contractor is a non-profit organization, it shall have an independent audit conducted of its
financial statement and condition, which shall comply with the requirements of GAAS (generally
accepted auditing standards), GAO's Standards for Audits of Governmental Organizations,
Programs, Activities, and Functions, and OMB Circular A-133, as amended, and as applicable.
The Contractor shall provide a copy of the audit report to each County division providing financial
assistance to the Contractor no later than six (6) months subsequent to the end of the Contractor's
fiscal year. The Contractor shall provide to the County its response and corrective action plan for
all findings and reportable conditions contained in its audit When reference is made in its audit to
a "Management Letter" or other correspondence made by the auditor, the Contractor shall provide
copies of those communications and the Contractor's response and corrective action plan.
Submittal of these documents shall constitute compliance with subsection VIILA
T If the Contractor, for-profit or non-profit, receives in excess of$100,000 in funds during its fiscal
year from the County, it shall provide a fiscal year financial statement prepared by an independent
Certified Public Accountant or Accounting Firm within six(6) months subsequent to the close of the
Contractor's fiscal year.
U. Additional audit or review requirements which may be imposed on the County will be passed on to
the Contractor and the Contractor will be required to comply with any such requirements
IX Corrective Action
If the County determines that a breach of contract has occurred, that is, the Contractor has faded
to comply with any terms or conditions of this Contract or the Contractor 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 will apply
V. The County will notify the Contractor in writing of the nature of the breach;
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The Contractor shall respond in writing within three (3) working days of its 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 ten (10) days from the date of the
Contractor's response, unless the County, at its sole discretion, specifies in writing an extension in
the number of days to complete the corrective actions,
W The County will notify the Contractor in writing of the County's determination as to the sufficiency
of the Contractor's corrective action plan The determination of sufficiency of the Contractor's
corrective action plan shall be at the sole discretion of the County,
X In the event that the Contractor does not respond within the appropriate time with a corrective
action plan, or the Contractor'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 t
Section II C ;
Y. In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor
from incurring additional obligations of funds until the County is satisfied that corrective action has
been taken or completed, and
Z Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to
Section II Subsections B, C, D, and E
X. Dispute Resolution
The parties shall use their best, good-faith efforts to cooperatively resolve disputes and problems
that arise in connection with this Contract. Both parties will make a good faith effort to continue
without delay to carry out their respective responsibilities under this Contract while attempting to
resolve the dispute under this section
XI. Hold Harmless and Indemnification
AA. In providing services under this Contract, the Contractor is an independent Contractor, and neither
it nor its officers, agents, or employees are employees of the County for any purpose The
Contractor shall be responsible for all federal and/or state tax, industrial insurance, and Social It
Security liability that may result from the performance of and compensation for these services an
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, benefits, or
taxes, by, or on behalf of the Contractor, its employees, and/or others by reason of this Contract
The Contractor shall protect, indemnify, defend 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 Contractor's failure to pay any such compensation, wages, benefits, or taxes,
and/or (2)the supplying to the Contractor of work, services, materials, or supplies by Contractor
employees or other suppliers in connection with or support of the performance of this Contract
BB. The Contractor further agrees that it is financially responsible for and will repay the County all
indicated amounts following an audit exception which occurs due to the negligence, intentional act,
1 and/or failure, for any reason, to comply with the terms of this Contract by the Contractor, 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 section.
CC. The Contractor shall protect, defend, indemnify, and save harmless the County, its officers, �1
employees, and agents from any and all costs, claims, judgments, and/or awards of damages, {
arising out of, or in anyway resulting from, the negligent acts or omissions of the Contractor, its
officers, employees, subcontractors and/or agents, in its performance and/or non-performance of
its obligations under this Contract The Contractor agrees that its obligations under this
subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of,
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any of its employees or agents For this purpose, the Contractor, 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
Contractor
DD. The County shall protect, defend, indemnify, and save harmless the Contractor, 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 County, its
officers, employees, and/or agents, in its performance and/or non-performance of its obligations
under this Contract 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 Contractor
only, any immunity that would otherwise be available against such claims under the Industrial
Insurance provisions of Title 51 RCW In the event the Contractor 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
EE 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
FF. Nothing contained within this provision shall affect and/or alter the application of any other
provision contained within this Contract.
GG The indemnification, protection, defense and save harmless obligations contained herein shall
survive the expiration, abandonment or termination of this Agreement
XII. Insurance Requirements
HH As outlined below, by the date of execution of this Contract, the Contractor shall provide evidence
of self-insuredness to meet or exceed the requirements set forth below. Failure by the Contractor,
its agents, employees, officers, subcontractors, providers, and/or provider subcontractors to
comply with the insurance requirements stated herein shall constitute a material breach of this
Contract
1. General Liability Coverage shall be at least as broad as Insurance Services office form
number(CG 00 01) Commercial General Liability, in the amount of at least$1,000,000
combined single limit per occurrence by bodily injury, and property damage, and for those
policies with aggregate limits, a $2,000,000 aggregate limit King County, its officers,
officials, employees and agents shall be included and endorsed as an additional insured for
liability arising out of the performance of activities under this Contract (Form number CG
2010 11/85 or its equivalent).
2. Automobile Insurance In the event the performance of this Contract requires the use of an
automobile, automobile liability coverage in compliance with the statutory requirements of
the State of Washington is required.
3. Workers' Compensation Coverage When applicable, evidence of Workers' Compensation
coverage in compliance with the statutory requirements of the State of Washington shall be
provided.
4. Stop Gap/Employers Liability Coverage shall be at least as broad as the protection provided
by the Workers' Compensation policy Part 2 (Employers Liability) or, in states with
monopolistic state funds, the protection provided by the "Stop Gap" endorsement to the
general liability policy Minimum Limit $1,000,000
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5. Professional Liability, Errors, and Omissions coverage. In the event that services delivered
pursuant to this Contract either directly or indirectly involve or require professional services,
Professional Liability, Errors, and Omissions coverage shall be provided by the Contractor
"Professional Services", for the purpose of this Contract section, shall mean those services
that require a professional standard of care Minimum Limit $1 000,000 per claim and in the
aggregate
II By requiring such minimum insurance, the County shall not be deemed or construed to have
assessed the risks that may be applicable to Contractor under this Contract The Contractor shall
assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or
broader coverage
JJ. 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(s) Nothing
contained within this provision shall affect and/or alter the application of any other provision
contained within this Contract.
KK The Contractor shall furnish the County certificates of insurance and endorsements or evidence of
self-insurance 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.
iXIII Assignment/Subcontracting
LL. The Contractor shall not assign or subcontract any portion of this Contract or transfer or assign
any claim arising pursuant to this Contract without the written consent of the County. Said consent
must be sought in writing by the Contractor not less than fifteen (15) days prior to the date of any
proposed assignment Approval of Contractor's CPPW application with included subcontractors
satisfies the consent requirement for the listed subcontractors
MM. The Contractor shall insure that every subcontractor who performs work that relates to the subject
matter of this Contract reads the subcontractor requirements at
http//www.kingcounty gov/health/contracts, complies with such requirements, and submits the
Subcontractor Certification page to the Department of Public Health C
NN. The Contractor agrees to include the following language verbatim in every subcontract, provider
agreement, or purchase agreement for services which relate to the subject matter of this Contract:
"Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers,
employees and agents from any and all costs, claims, judgments, and/or awards of damages
arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its
officers, employees, and/or agents in connection with or in support of this Contract Subcontractor
expressly agrees and understands that King County is a third party beneficiary to this Contract and
shall have the right to bring an action against subcontractor to enforce the provisions of this
paragraph."
XIV. Nondiscrimination and Equal Employment Opportunity
The Contractor shall comply with all applicable federal, state and local laws regarding
discrimination, including those set forth in this Section.
00. During performance of the Contract, the Contractor agrees that it will not discriminate against any
employee or applicant for employment because of the employee or applicant's sex, race, color,
marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or
Agency Services-HEAL1698 Page- 7 of 7
expression or age except by minimum age and retirement provisions, unless based upon a bona
fide occupational qualification The Contractor will make equal employment opportunity efforts to
ensure that applicants and employees are treated, without regard to their sex, race, color, marital
status, national origin, religious affiliation, disability, sexual orientation, gender identity or
expression or age The equal employment opportunity efforts shall include, but not be limited to,
the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising;
layoff or termination, rates of pay or other forms of compensation, and selection for training,
including apprenticeships The Contractor agrees to post in conspicuous places available to
employees and applicants for employment notices setting forth this nondiscrimination clause.
PP. The Contractor shall permit access by the County to the Contractor's records of employment,
employment advertisements, application forms, other pertinent data and records related to the
Contract for the purpose of monitoring, audit and investigation to determine compliance with this
Section.
QQ The Contractor shall implement and carry out the obligations in this Contract regarding equal
employment opportunity The County shall consider the failure to implement and carry out such
obligations in good faith as a material breach of the Contract and grounds for withholding payment
and/or termination of the Contract and dismissal of the Contractor.
RR The Contractor agrees to provide to persons with disabilities access to programs, activities and
services provided under the Contract, as required by disability access laws, including Title II of the
Americans with Disabilities Act, Title II of the Telecommunications Act of 1934, as amended, and
Section 504 of the Rehabilitation Act of 1973, as amended.
SS The Contractor shall not discriminate against persons with disabilities in providing the work under
the Contract In any subcontracts for the programs, activities and services under this Contract, the
Contractor shall include the requirement that the subcontractor provide to persons with disabilities
access to programs, activities and services provided under the Contract, as required by the
disability access laws, that the subcontractor shall not discriminate against persons with disabilities
in providing the work under the contract and that the subcontractor shall provide that the County is
a third party beneficiary to that required provision
TT. A.King County's Domestic Partner Benefits Ordinance 14823 prohibits the award of competitively
bid contracts valued at$25,000 or more to firms that discriminate in the provision of employee
benefits between employees with spouses, and employees with domestic partners To be eligible
for award, contractors shall comply fully with the ordinance's provisions. As a condition of the
execution of this Contract, the Contractor shall provide a completed Domestic Partner Benefits
Declaration Form as provided by the County.
XV Conflict of Interest
The Contractor 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 II and subject the Contractor to the remedies stated
therein, or otherwise available to the County at law or in equity.
XVI 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
Contractor, 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 Contractor which are modified for use in the
performance of this Contract
Agency Services-HEAL1698 Page- 8 of 8
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The foregoing provisions of this section shall not apply to existing training materials, consulting
aids, checklists, and other materials and documents of the Contractor that are not modified for use
in the performance of this Contract.
XVII 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
XVIII King County Recycled Product Procurement Policy
In accordance with King County Code 10 16, the Contractor shall use recycled paper for the
production of all printed and photocopied documents related to the fulfillment of this Contract In
addition, the Contractor 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
XIX 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.
XX Entire ContractNVaiver 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
XXI Contract Amendments I'll
Either party may request changes to this Contract Proposed changes which are mutually agreed
upon shall be incorporated by written amendments to this Contract.
XXII. Notices
Whenever this Contract provides for notice to be provided by one party to another, such notice
shall be in writing and directed to the chief executive office of the Contractor and the project
representative 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
XXIII Services Provided in Accordance with Law and Rule and Requiation
li The Contractor and any subcontractor agree to abide by the laws of the state of Washington, rules
and regulations promulgated thereunder, 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 that there is a conflict between any of the language contained in any exhibit or
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.
XXIV Applicable Law
This contract shall be construed and interpreted in accordance with the laws of the State of
Washington The venue for any action hereunder shall be in the Superior Court for King County,
Washington.
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IN WITNESS HEREOF, the parties hereby agree to the terms and conditions of this Contract:
KING COUNTY City of Kent
FOR
King County Executive Signature
Date Name(Please type or print)
Date
Approved as to Form
OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY
D40445D/ HEAL1698- CPPW Healthy Eating Active Living
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Exhibit A— City of Kent
Healthy Community Planning
Scope of Work
Introduction: The City of Kent will complete this scope of work supported by a Communities Putting
Prevention to Work(CPPW) Healthy Eating Active Living grant from Public Health —Seattle & King
County The goals of CPPW HEAL are to support schools, local governments and communities to
reduce overweight and obesity rates by increasing healthy eating and physical activity through policy,
system and environment changes.
The policy, system or environment changes the City of Kent agrees to implement with the
CPPW grant funding include:
• Increase access to opportunities for physical activity,
■ Increase access to healthy food and/or decrease access to unhealthy food for residents; and,
■ Limit unhealthy food and drink availability in City of Kent facilities and/or programs
Tasks: City of Kent will conduct the following tasks and produce associated deliverables to achieve
the above outcomes
Project Outcome 1: City of Kent has actively supported policy, systems and environmental changes
that result in increased mobility on bicycle and foot for the most at risk populations in the City, with an
emphasis on school-age children
Task I: Propose modifications to policies and assist in education of policymakers on potential
changes.
Deliverable: Designate a liaison to facilitate policy work surrounding complete streets and
evaluate potential impacts to adopted levels of service
Deliverable: Engage key City staff(traffic engineers, planners, etc) to participate in a
Complete Streets workshop in partnership with CPPW consultants The
workshop will include a review of the existing street standards for consistency
with generally accepted goals for complete streets and related levels of service
criteria
Deliverable: Develop necessary supporting materials, reports and presentations for the City
Council or appropriate Council Committee to consider any amendment to
existing policies and/or standards
Deliverable: Present draft amendments for any proposed changes to City Council or the
appropriate City Council Committee and provide a record of legislative action.
(by May 15, 2011)
Completion Date: May 30, 2011
Task It: Explore amendments to the City's adopted Non-motorized System plan to include
trails, with an emphasis on improvements in close proximity to schools and parks.
Deliverable: Designate a representative to actively participate on the"Built Environment
Sub-Committee" and "Safe Routes to Schools Sub-Committee" of the CPPW
Coalition and attend related workshops
i
Contract D40445D Exhibit A-Scope of Work Page 2 of 7
Deliverable: Provide existing policies, plans and data to CPPW consultants including, but
not limited to, GIS data, non-motorized system plan, existing prioritized non-
motorized protect lists and project priontization selection criteria, schools/Safe
Routes to Schools plans, parks, land use or physical activity, community
facilities, demographics, geography, trails, and roads
Deliverable: Provide copies of the Public Involvement technical report from the
Transportation Master Plan, including summary of the Transportation Task
Force meetings.
Deliverable: Facilitate and lead a regularly scheduled advisory committee composed of city
departments (Public Works, Police, Planning, Mayor's Office, etc) and
stakeholders (Neighborhood Councils, business owners, etc). Provide a list of
attendees, their affiliation, agendas and meeting minutes
Deliverable: Present advisory committee findings and draft preliminary plans to City Council
or the appropriate City Council Committee and Land Use & Planning Board at
least once to receive feedback and direction Provide a summary of
comments/suggestions. This work will be completed after CPPW consultants
review the non-motorized system plan, identify potential deficiencies, then
collaborate with appropriate stakeholders to determine if any further public
involvement process is needed in order to update the existing plan to address
any deficiencies
Deliverable: Attend events in Kent School District with CPPW consultant regarding Safe
Routes to Schools Update the recommended safe walking routes, and identify
appropriate improvements to encourage more students to walk/bike to school
Deliverable: Actively partner with CPPW consultant and Kent School District on
implementation of Safe Routes to Schools programs (including providing maps,
assessment data, school data, etc)
Deliverable: Provide feedback to consultants for project prioritization related to safe routes.
Deliverable: Develop a strategy for providing ongoing feedback on any draft amendments
produced by consultants which are proposed to be added to the non-motorized
system master plan (i.e. advisory committee meetings)
Deliverable: Facilitate internal review processes for draft plan amendments (environmental
review, public hearings, Land Use& Planning Board, etc)
Deliverable: Present draft non-motorized system master plan amendments to City Council or
the appropriate City Council Committee and provide a record of legislative
action.
Completion Date: By January 15, 2012
Task III: Allocate funding for the implementation of priority projects.
Deliverable: In partnership with Bicycle Alliance of Washington, Kent School District and
CPPW consultants, develop proposed funding strategies to resolve identified
infrastructure needs.
Deliverable: Provide a record of draft proposed changes to existing Capital Improvements
Program and revisions to the Non-motorized System Plan,
Completion Date: February 29, 2012
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Contract D40445D Exhibit A-Scope of Work Page 3 of 7
Task IV: Partner in the development of land use patterns and zoning which encourage walking
and biking
j Deliverable: Provide existing land use policies, community visions or goals related to compact
development, transit oriented development, new urbanism, form based-code as
well as the current comprehensive plan to CPPW consultant
Deliverable: Provide ongoing feedback to CPPW consultants from the advisory committee on
draft comprehensive plan update materials which encourage active living
Deliverable: Along with CPPW consultants, present advisory committee findings and preliminary
plans to City Council or the appropriate City Council Committee and Land Use &
Planning Board at least once to receive feedback and direction. Provide a
summary of comments/suggestions
Completion Date: January 15, 2012
Project Outcome 2: City of Kent has actively supported policy, systems and environmental changes
that result in increased access to healthy food for the most at risk populations in the City, with an
emphasis on school-age children.
Task I: Partner in the development of policies, economic incentives and/or land use patterns
and zoning which encourage consumption of healthy food and/or reduced consumption
of unhealthy food.
Deliverable: Provide existing land use policies, community visions or goals related to community
gardens, p-patches, farmers markets, economic development, urban farming
I and/or food establishments.
Deliverable: Provide ongoing feedback to CPPW consultants from the advisory committee on
draft policies or plans which increase access to healthy food
Deliverable: Along with CPPW consultants, present advisory committee findings and preliminary
plans to City Council or the appropriate City Council Committee and Land Use &
Planning Board at least once to receive feedback and direction Provide a
summary of comments/suggestions
Deliverable: If your/unsdiction, or an area contained within it, is designated as a high prionty
area with inequitable food access by King County Department of Natural
Resources and Parks, designate an internal champion to facilitate the adoption of
policy, systems and/or environmental changes with support from the University of
Washington's Northwest Center for Livable Communities to increase healthy food
access.
Completion Date: September 15, 2011
tProject Outcome 3: City of Kent has actively supported policy, systems and environmental changes
that result in the adoption of nutritional standards in City owned and operated facilities and healthy
food procurement policies across departments
Task I: Create a workgroup composed of staff actively engaged in programs that serve or offer
food to develop and adopt nutrition guidelines and develop nutritional standards
Contract D40445D Exhibit A-Scope of Work Page 4 of 7
Deliverable: Submit a list of staff membership, affiliation and approximate number of
individuals served by the establishment represented
Deliverable: Develop nutritional standards with CPPW consultants
Deliverable: Complete and provide an assessment of food service in the following areas:
■ Procured by the City for employees and the general public (e g in cafeteria settings or
food provided at meetings/events).
■ Food procured by the City and offered in meal and or snack programs that the City
oversees or contracts for(e g jails, hospitals, child care, after-school, camps)
■ Sold in vending machines located on City property
Deliverable: Submit a draft work plan to Public Health Seattle-King County for approval which
addresses each of the areas above.
Completion Date: January 1. 2A4& -z'Cytl4-� 1
Task I1: Implement nutritional standards policies and food procurement systems
Deliverable: Partner with CPPW consultants to determine whether current food contracts meet
new standards
Deliverable: If needed, begin negotiation of new contracts with food suppliers or signing of
contracts with new suppliers which meet nutritional standards
Deliverable: Provide a summary report to Public Health Seattle-King County with nutritional
standards, draft compliance plan and sustainabdity.
Completion Date: April 1, 2011
Standard for All RFP Award Contracts
1. Reporting: Grantee will participate in monthly reporting activities on program progress and
financial data relevant to the reporting requirements of ARRA.
Deliverable: Work with PHSKC project officer to fill-in program progress tracking tool with
project milestones by September 15, 2010.
Deliverable: Meet monthly with PHSKC project officer to discuss progress on project
milestones and activities
Deliverable: Submit 6 quarterly reports and 1 final summary that detail the successes and
challenges of implementing the policy/systems/environmental change(s) Reports are due by
10/31/10, 1/31/11, 4/30/11, 7131/11, 10/31/11, 1/31/12 and final summary should be submitted with
final invoice Summaries can be in either of two formats a 300-500 word written report or a telling
story (video, digital storytelling, news article with photo, song) that can be easily shared among
grantees, partners and potentially the public
Deliverable: Complete online reporting on hours worked, amounts spent and other financial
tracking data to meet ARRA requirements within five days after the end of each month in the grant
period. Work with project officer on any corrections to these reports.
2. Evaluation: The grantee, PHSKC project officer and the CPPW Evaluation Team will work
collaboratively to track the implementation of CPPW funded activities, and evaluate policy, systems
and environmental changes and expected short-term outcomes The evaluation process will be
Contract D40445D Exhibit A- Scope of Work Page 5 of 7
participatory and is intended to provide the grantee with useful information for decision-making,
planning and project management.
Deliverable: The grantee will name a point of contact who will be the primary liaison to a
s designated CPPW evaluator by August 30, 2010.
Deliverable. The grantee will assist the evaluator in developing a detailed evaluation plan to be
finalized and implemented by November 1st, as follows
• The grantee will describe the project sufficiently for the evaluator to understand the purpose
and proposed change mechanisms of the project. For example, the evaluator and grantee may
construct a logic model that captures the project's goals, objectives, activities, timeframe and
resources
• The grantee and CPPW evaluator(with project officer when available) will meet as soon as
feasible and no later than 30 days after a scope of work has been finalized to identify and
mutually agree upon the evaluation focus and questions as well as reasonable measures and
data collection methods.
• The evaluation plan will be finalized within 30 days from this meeting.
Deliverable: Grantees will provide project data that is reasonable to collect using methods and
frequency agreed upon in the evaluation plan (for example participate in interviews, assist in
collecting survey data, provide site access to record environmental conditions, complete tracking logs,
provide evidence of policy implementation through contracts or other documents).
Deliverable-Through routine CPPW progress reporting with project officer, grantees will
update the status of activities and this information will be used by the evaluator to assist in the project
' evaluation As needed, the grantee and evaluator will discuss project strengths and challenges, and
share information on how the project and evaluation are proceeding
Deliverable: All grantees should expect to support evaluation activities with a minimum of 5%
of their staff time and resources
3. CCPW Coalition: The CPPW Coalition will focus on policy, systems and environment issues in
King County that affect healthy eating, active living and tobacco policy Grantees must join the
coalition and participate in a work group. Other organizations, coalitions, individuals or groups working
on obesity, nutrition, physical activity or tobacco prevention will also participate.
Deliverable: Grantees must designate at least 1 representative to attend CPPW Coalition
meetings and at least 1 representative (may be different person) to participate in a work group
Deliverable: Grantees will spend at least four hours a month participating in coalition meetings
and related activities and this time may be included in the proposal budget. The coalition will meet
monthly.
4. Collaboration with PHSKC: Policy, system and environment change can be challenging. j
Grantees must work in partnership with Public Health during the funding period. Grantees will also
share expertise and communicate with their Public Health project officer on specific technical
j assistance needs Public Health project officers will help coordinate available technical assistance
resources within Public Health, and from CPPW contractors with special policy or legal expertise,
such as the Prevention Institute and the Tobacco Control Legal Consortium
Contract D40445D Exhibit A-Scope of Work Page 6 of 7
Deliverable: Grantees will meet at least monthly with PHSKC project officer to discuss progress,
challenges and to make adjustments as needed Grantees will participate in technical assistance
opportunities relevant and appropriate to their projects
5. Education Network: The CPPW initiative's ability to produce policy and systems change largely
depends on its capacity to effectively mobilize community groups to bring the CPPW perspective to
decision makers at appropriate times. PHSKC will develop tools—such as a web-based rapid
response system and timely email notification of educational opportunities—to help grantees inform
their constituents and partners accordingly. Information methods may include activities such as writing
letters or email messages, educating decision-makers and participating in hearings CPPW funds
cannot be used for lobbying, and grantees will receive training to clearly distinguish lobbying from
other educational activities.
Deliverable: Grantees will participate in the CPPW Education Network and will use Education
Network tools to educate their organization's network of contacts about CPPW policy, systems and
environmental change initiatives.
Dehverable� Grantees will identify at least 1 representative to attend a training hosted by
PHSKC on lobbying vs advocacy
6. Participate in Other Initiative-Wide Activities: Grantees will be expected to participate in
occasional initiative-wide activities, such as an annual Prevention Summit and a grantees' network
(including periodic meetings).
Deliverable: Grantee will participate in all initiative-wide activities.
7. Communications: All RFP recipient organizations, media contractors, or partners developing
communications activities will follow the CPPW Communications Guidelines The CPPW
Communications Team from Public Health will work with contracted media agencies, create a
campaign(s) that supports the overall goals of CPPW in King County and that grantees can tailor for
specific projects. The CPPW Communications Team will provide general technical assistance and
consultation to all requesting grantees Please refer to guidelines in contract binders for details
Deliverable. Grantees will read the CPPW Communications Guidelines in grantee contract
binders by August 30, 2010.
Deliverable. All communications materials and products will be linked to the broader CPPW
communications strategies and campaigns
Deliverable: All organizations, schools, or government entities that receive funding from
CPPW for media activities must coordinate with Public Health Communications Team review and final
approval of all communications materials Depending upon the scope of a media project, Public
Health may refer a grantee to the appropriate media agency for this review.
Deliverable: All CPPW-funded campaign materials must use attribution language (below) and
follow graphics and branding standards, subject to change Please refer to Communications
Guidelines provided by project officers in grantee contract binders for details Attribution language
does not replace organization logo or tagline
1
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Contract D40445D Exhibit A- Scope of Work Page 7 of 7
Print Language Attribution:
Made possible by funding from the Department of Health and Human Services
and Public Health - Seattle & King County
Spoken Language Attribution:
Brought to you by the Department of Health and Human Services and Public
Health-Seattle & King County
There are no font or placement requirements for the attribution language.
tDeliverable, All grantees will identify at least one representative to participate in a
communications training hosted by PHSKC
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Exhibit B
180,000.00
City of Kent
July 21, 2010 - March 19, 2012
2010-2012 Grant Year Total
180 000 d I
1/1/2012- Total
712112010-12131/10 11112011 -12131/2011 3/19/2012 7121/10-3119112
Expense
Name or Job title
Park Planner $ 12,363 $ 29,673 $ 5,064 $ 47,100
Fringe(33%) $ 4,07950 $ 9,79200 $ 1,671.50 $ 15,543
Planning Manager $ 2,860 $ 8,581 $ 2,206 $ 13,647
Fringe(33%) $ 944 $ 2,832 $ 728 $ 4,504
1/2 Time Temporary Transportation Planner $ 9,474 $ 37,896 $ 12,630 $ 60,000
Fringe(33%) $ -
Consultant Costs
Supplies $789 $ 1,894 $ 317 $ 3,000
Equipment
Travel $42 $ 126 $ 32 $ 200
Subcontracts
Other
Telephone, Internet
Postage $ 16,800 $ 16,800
Printing $ 12,000 $ 2,475 $ 14,475
Rent, utilities
Other-newspaper ads for public mtgs $ 375 $ 375 $ 750
Subtotal $ 30,551 $ 119,968 $ 25,498 $ 176,019
Overhead/Indirect cost(20%cap) 0% $ 1,048 $ 2,514 j $ 419 j $ 3,981
Total amount including overhead $ 31,599 $ 122,483 1 $ 25,917 1 $ 180,000
EXHIBIT C
INVOICE-2010
City of Kent-Lydia Moorehead
220 Fourth Avenue South
Kent,WA 98032
,TO, Seattle-King County Department of Public Health
Communities Putting Prevention to Work-HEAL
Attn: Gladys Nkeze, Fiscal and Contract Administrator
401 Fifth Avenue,Suite 900
Seattle,WA 98104
�In performance of a signed contract, I certify the following services have been provided for the t
period through and request
1 reimbursement for the amount indicated below
Printed Name Signature Date
Current �
Expenditure Item Program Budget Expenditure Balance Invoice line items should correspond
Salaries $24,697 $24,697 to your Budget line items
Fringe $5,023
Consultants Costs $0 $0
Supplies $789 $789
Equipment $0 $0
Travel $42 $42
Telephone, Internet $0 $0
Postage $0 $0
Printing $0 $0
Rent, Utilities $0 $0
Other $0 $0
Indirect $1,048 $1,048
TOTAL $31,699 $31,599
i
FOR HEALTH DEPARTMENT USE ONLY
Current Expense to
Suffix Org/Project Expense Acct Budget be Paid Year to Date Paid
A 80521H00154 53183 $31,599 00
Approved
CPPW-HEAL Contracts Manager Date
i
EXHIBIT C
INVOICE-2011
City of Kent-Lydia Moorehead
220 Fourth Avenue South
Kent,WA 98032
TO Seattle-King County Department of Public Health
Communities Putting Prevention to Work-HEAL
Attn: Gladys Nkeze, Fiscal and Contract Administrator
401 Fifth Avenue,Suite 900
Seattle,WA 98104
In performance of a signed contract, I certify the following services have been provided for the
period through and request
reimbursement for the amount indicated below
Printed Name Signature Date
Current
Expenditure Item Program Budget Expenditure Balance Invoice line items should correspond
Salaries $76,150 $76,150 to your Budget line items
Fringe $12,624
Consultants Costs $0 $0
Supplies $1,894 $1,894
Equipment $0 $0
Travel $126 $126
Telephone, Internet $0 $0
Postage $16,800 $16 800
Printing $12,000 $12,000
Rent, Utilities $0 $0
Other $375 $375
Indirect $2,514 $2,514
TOTAL $122,483 $122,483
FOR HEALTH DEPARTMENT USE ONLY
Current Expense to
Suffix Org/Project Expense Acct Budget be Paid Year to Date Paid
B 8052/1-100154 53183 $122,483 00
Approved
CPPW-HEAL Contracts Manager Date
r
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EXHIBIT C
NVOICE-2012
ity of Kent-Lydia Moorehead
220 Fourth Avenue South
tent,WA 98032
ITO Seattle-King County Department of Public Health
Communities Putting Prevention to Work-HEAL
Attn. Gladys Nkeze, Fiscal and Contract Administrator
401 Fifth Avenue,Suite 900
Seattle,WA 98104
In performance of a signed contract,I certify the following services have been provided for the
period through and request
reimbursement for the amount indicated below.
Printed Name Signature Date
Current
Expenditure Item Program Budget Expenditure Balance Invoice line items should correspond
Salaries $19,900 $19,900 to your Budget line items
JFrinqe $2,399
Consultants Costs $0 $0
Su lies $317 $317
Equipment $0 $0
Travel $32 $32
Tele hone, Internet $0 $0
Posta a $0 $0
1PrIntinq $2,475 $2,475
Rent, Utilities $0 $0
Other $375 $375
Indirect $419 $419
TOTAL $25,917 $25,917
FOR HEALTH DEPARTMENT USE ONLY
Current Expense to
Suffix Org/Project Expense Acct Budget be Paid Year to Date Paid
C 8052/H00154 53183 $25,917.00
Approved
CPPW-HEAL Contracts Manager Date
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EXHIBIT D
SPECIAL CONDITIONS FOR
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
COMMUNITIES PUTTING PREVENTION TO WORK GRANT
(ARRA-CPPW)
1. Contractor Shall Comply with Recovery Act Requirements.
The Contractor acknowledges that funding under this Contract is provided in whole or part
under the American Recovery and Reinvestment Act of 2009, Public Law 111-5 (the `Recovery
Act") The Recovery Act places great emphasis on accountability and transparency in the use
of taxpayer dollars Among other things, it creates a new Recovery Accountability and
Transparency Board and a new website — www Recovery gov — to provide information to the
public, including access to detailed information on grants and contracts made with Recovery Act
funds
The Contractor agrees to comply with all requirements of the Recovery Act, including but not
limited to those requirements that are set forth in this Exhibit
Recovery Act funds can be used in conjunction with other funding as necessary to complete
projects, but tracking and reporting must be separate to meet the reporting requirements of the
Recovery Act and related guidance. For projects funded by sources other than the Recovery
Act, Contractor must keep separate records for Recovery Act funds and must ensure those
records comply with the requirements of the Act
2. Reporting Requirements - Section 1512 of the Recovery Act.
The Contractor's receipt of funds is contingent on its meeting the reporting requirements of the r
Recovery Act, Section 1512(c) The Contractor shall provide the County with information and
documentation sufficient to enable the County to complete Recovery Act registration and
reporting obligations using the online reporting tool available at
http//www.FederaIReporting gov.
The Contractor shall provide the County with information sufficient to allow for registration with
the Central Contractor Registration (CCR) database at www ccr gov This is intended to ensure
consistent reporting of data about each entity and make data more useful to the public In order
to register in CCR, a valid Data Universal Numbering System (DUNS) Number is required and
shall be included on the cover page or other designated place in this Contract. DUNS number
can be obtained at http//fedgov dnb com/webform
The County may require other information from the Contractor in order to meet the reporting
requirements of the Recovery Act and the Communities Putting Prevention to Work (CPPW)
grant.
3. Lobbying Prohibited.
Federal law prohibits Contractors and their subcontractors from using federal funds for lobbying
Congress or a federal agency, or to influence legislation or appropriations pending before
j
Congress or any State or local legislature Any activity designed to influence action in regard to
a particular piece of pending legislation would be considered lobbying.
4. Disclosure of Fraud or Misconduct.
Contractors or subcontractors shall promptly refer to the Health and Human Services Office of
Inspector General any credible evidence that a principal, employee, agent, subcontractor, or
other person has submitted a false claim under the False Claims Act or has committed a
criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or
similar misconduct involving CPPW funds The HHS Office of Inspector General can be reached
at http.//www oig hhs gov/fraud/hotline
1 5. Wage Rate Requirements -Section 1606 of the Recovery Act.
All laborers and mechanics employed by the Contractor and all subcontractors of the Contractor
on this project shall be paid wages at rates not less than those prevailing on projects of a
character similar in the locality as determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of title 40, United States Code (Davis-Bacon Act) With respect to
the labor standards specified in this section, the Secretary of Labor shall have the authority and
functions set forth in Reorganization Plan numbered 14 of 1950 (64 Stat. 1267, 5 U S C. App )
and section 3145 of title 40 United States Code See U S Department of Labor, Wage and Hour
Division website at hftp://www.dol gov/esa/whd/contracts/dbra.htm. Wage determinations can
be found at http//www wdol gov.
The Contractor shall include this provision and require this provision to be contained in all
Isubcontracts for work performed under this Contract.
The work performed by this Contract may also be subject to the State's prevailing wage laws,
1 Chapter 3912 RCW The Contractor is advised to consult with the Washington State
Department of Labor and Industries to determine the prevailing wages that must be paid
6. Protection of Whistleblowers -Section 1553 of the Recovery Act.
A. The Contractor shall post notice of employee rights and remedies for whistleblower
protections provided under section 1553 of the Recovery Act.
B The Contractor shall include the substance of this clause including this paragraph (B) in all
subcontracts The Contractor shall not discharge, demote, or otherwise discriminate against any
employee as a reprisal for disclosing, including a disclosure made in the ordinary course of an
employee's duties, to the Accountability and Transparency Board, an inspector general, the
Comptroller General, a member of Congress, a State or Federal regulatory or law enforcement
agency, a person with supervisory authority over the employee (or other person working for the
employer who has the authority to investigate, discover or terminate misconduct,) a court or
grant jury, the head of a Federal agency, or their representatives information that the employee
believes is evidence of:
• Gross mismanagement of an agency contract or subcontract or grant relating to
covered funds,
0 Gross waste of covered funds;
• Substantial and specific danger to public health or safety related to the
implementation or use of covered funds,
• Abuse of authority related to the implementation or use of covered funds, or
• Violation of law, rule, or regulation related to an agency contract (including the
competition for or negotiation of a contract) or grant, awarded or issued relating
to covered funds
Additional American Recovery and Reinvestment Act of 2009 provisions can be found at 1
http.//www.kingcounty gov/healthservices/health/partnerships/contracts aspx
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1 Exhibit E
Mr
Insurance Authority
P.O. Box 88030
Tukwila, WA 98138
16-Sep-10 Cert#: 6966
Phone 206-575-6046
King County Public Health Seattle/King County
1 Attn: Allen Cantara, CPRES Fax 206-575-7426
401 5th Ave., Suite 1300
Seattle, WA 99104
RE: City of Kent
Communities Putting Prevention to Work Grant
Evidence of Coverage
The above captioned entity is a member of the Washington Cities Insurance Authority
(WCIA), which is a self insured pool of over 130 municipal corporations in the State of
' Washington.
WCIA has at least$1 million per occurrence combined single limit of liability coverage
in its self insured layer that may be applicable in the event an incident occurs that is
' deemed to be attributed to the negligence of the member.
a
f
WCIA is an Interlocal Agreement among municipalities and liability is completely self
funded by the membership. As there is no insurance policy involved and WCIA is not
an insurance company, your organization cannot be named as an "additional insured".
Sincerely,
Eric B Larson
IDeputy Director
cc: Christopher Hills
Lydia Moorehead
cletter
Kent City Council Meeting
Date October 5, 2010
Category Consent Calendar - 7F
1. SUBJECT: ADAPTIVE RECREATION POSITION ADJUSTMENT - AUTHORIZE
2. SUMMARY STATEMENT: Authorize a .20 full-time employee increase within
the Recreation Division to accommodate re-structuring within the Adaptive
Recreation Program, and authorize re-classification of the Recreation Manager for
Adaptive Recreation to Recreation Coordinator of Adaptive Recreation.
In light of the recent consolidation of the Resource Center to the Kent Commons
and the recent retirement of Janet Hasselblad as the Recreation Manager for
Adaptive Recreation, an opportunity was created to review the position and
consider re-classifying this position prior to filling it. Staff reviewed the core
duties of the position. Now that the consolidation to the Kent Commons is
complete, it appears that the staffing level/classification most appropriate for this
position is a full-time Recreation Coordinator.
There would be no budget impact to this re-classification. The 2010 budget
(salary and benefits) for the .80 Manager was $84,661. An entry level (34A)
Recreation Coordinator at full-time would be around $80,000. Within the
Recreation Division, this position will report to Julie Stangle, Recreation Manager.
' A proposal was presented to Mayor Cooke and John Hodgson. Upon review and
discussion, this re-structuring was approved by the Mayor's Office. The request
before you is to recommend approval of the additional .20 full-time employee
(FTE) that is netted by this adjustment from a Manager to a Coordinator.
3. EXHIBITS: None
4. RECOMMENDED BY: Parks & Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
I Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes X No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Kent City Council Meeting
Date October 5, 2010
Category Consent Calendar - 7G
3
1. SUBJECT: EARTHCORPS AGREEMENT - AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign all necessary
documents to contract with EarthCorps in the amount of $20,670 to perform site
restoration at Lake Fenwick and Earthworks Park.
Staff applied for and received a $20,670 grant from the King Conservation District
to partner with EarthCorps, which has the expertise to manage restoration efforts
safely along steep slopes. Their crews will spend one week at Earthworks and
two weeks at Lake Fenwick implementing a technique called "survival rings" to
save approximately 150 trees.
1
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3. EXHIBITS: Agreement
4. RECOMMENDED BY: Parks & Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue? N A
Currently in the Budget? Yes X No _
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
KENT
WASHINGTON
GOODS & SERVICES AGREEMENT
between the City of Kent and
■ EarthCorps 11
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and EarthCorps organized under the laws of the State of
Washington, located and doing business at 6310 NE 74 St *201E, Seattle, WA 98115
P:206-332-9296 F: 206-322-9312 (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following
services for the City:
On site restoration at Lake Fenwick Park (5 days) and Mill Creek Canyon
Earthworks Park (10 days) in Kent, Washington, attached and incorporated as
Exhibit A.
1
tVendor 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
1 goods, materials, and services through other sources. i,
o
II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall
complete the work and provide all goods, materials, and services by November 30, 2010.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Twenty
Thousand Six Hundred Seventy Dollars and no/100 ($20,670.00), 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:
Vendor shall submit monthly invoices in which the City will pay from.
tGOODS & SERVICES AGREEMENT - 1
(Over$10,000.00, including WSST)
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.
A. Defective or Unauthorized Work, The City reserves its right to withhold payment t
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 Claims. 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. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The 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. 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. '
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.
GOODS &SERVICES AGREEMENT - 2
(Over$10,000,00, including WSST)
r
V. TERMINATION. Either party may terminate this Agreement, with or without
lcause, 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 all 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,
lanother 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
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 follows g
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
GOODS & SERVICES AGREEMENT - 3
(Over$10,000.00, including WSST)
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 complete records of extra costs and time incurred
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
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).
VIII. 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
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
person actin on
this Agreement or an sub contract, the Vendor, its sub contractors, or any pe g
9 Y ,
behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age,
GOODS & SERVICES AGREEMENT- 4
(Over$10,000,00, including WSST)
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
eiscriminate against any person who is qualified and available to perform the work to which the
mployment 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.
In the event Vendor refuses tender of defense in any suit or any claim, if that tender was
made pursuant to this indemnification clause, and if that refusal is subsequently determined by a
court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable
expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred
because there was a wrongful refusal on the Vendor's part.
The provisions of this section shall survive the expiration or termination of is
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.
' 0
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
' GOODS & SERVICES AGREEMENT - 5
(Over$10,000,00, including WSST)
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 this Agreement shall be sent to the ,
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written ,
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Vendor.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms ,
of this Agreement shall prevail.
H. Compliance with Laws. The 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
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below. '
GOODS & SERVICES AGREEMENT- 6
(Over$10,000.00, including WSST)
VENDOR: CITY OF KENT:
1
By: _ BY:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
VENDOR: CITY OF KENT:
Bill Brosseau Victoria Andrews
EarthCorps City of Kent
6310 NE 74 St #201E 220 Fourth Avenue South
Seattle, WA 98115 Kent, WA 98032
206-322-9296 (telephone) (253) 856-5113 (telephone)
206-322-9312 (facsimile) (253) 856-6050 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
Lake Fenwi<k/MIII Creek Restoration-EarthCorps-9-7-10
( GOODS & SERVICES AGREEMENT- 7
(Over$10,000,00, including WSST)
EM IFDiTtq 1
6310 NE 74th Street
Suite 201E
EarthCor PS
Seattle, 6
tel 206.322 322 929 9296
fax 206 322 9312
LOCAL RESTORATION-GLOBAL LEADERSHIP
info@earthcorps.org
www earthcorps.org
September 9, 2010 '
MEMO TO: Victoria Andrews, Special Programs Manager ,
FROM: Bill Brosseau, Field Operations Director ,
RE: Environmental Restoration Protects Scope of Work ,
In the fall of 2010 EarthCorps will provide the City of Kent with a crew of
5-6 members plus a protect manager for 15 days to conduct ,
environmental restoration at Lake Fenwick Park and Mill Creek Canyon
Earthworks Park for the sum of $20,670.
The work will be conducted on steep slopes using ropes with a focus on '
preventing the further degradation of existing trees by the invasive plant
English ivy (Hedera helix). Crews will utilize the best management ,
practice known as "survival rings" to cut the ivy at shoulder height and at
the base of the tree, then clear back the ivy 3-5 feet from the tree trunk.
All plant material will be composted onsite. ,
' DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
' The following questions specifically identify the requirements the City deems necessary for a
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
' determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
' 2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
' 3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
' promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
' By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of 12010.
By:
For:
' Title:
Date:
' EEO COMPLIANCE DOCUMENTS - 1 of 3
t
CITY OF KENT f
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: Ja f
f
SUBJECT: MINORITY AND WOMEN SUPERSEDES: f
CONTRACTORS APPROVED BY Jim
POLICY: f
Equal employment opportunity requirements for the City of Kent will f
state laws. All contractors, subcontractors, consultants and suppliers of
equal employment opportunity within their organization and, if holding A
amounting to $10,000 or more within any given year, must take the follc f
1. Provide a written statement to all new employees and sL
commitment as an equal opportunity employer. f
2. Actively consider for promotion and advancement available minoril
Any contractor, subcontractor, consultant or supplier who willfully f
nondiscrimination and equal opportunity requirements shall be consider
and subject to suspension or termination for all or part of the Agreement f
Contract Compliance Officers will be appointed by the Directors of Plai
Works Departments to assume the following duties for their respective di f
1. Ensuring that contractors, subcontractors, consultants, and suf
regulations are familiar with the regulations and the City's equal
policy.
2. Monitoring to assure adherence to federal, state and local laws, pc f
1
1
f
f
EEO COMPLIANCE DOCUMENTS - 2 of 3 f
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 i
Company, hereby acknowledge and declare that the before-mentioned company was the prime
' contractor for the Agreement known as that was entered into on
the (date), between the firm I represent and the City of
Kent.
' I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
' Policy that was part of the before-mentioned Agreement.
Dated this day of , 2010.
By:
' For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3 of 3
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.
B. 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 )
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 A:VII.
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.
s.
REPORTS FROM STANDING COMMITTEES AND STAFF
A. COUNCIL PRESIDENT
B. MAYOR
C. OPERATIONS COMMITTEE
D. PARKS AND HUMAN SERVICES COMMITTEE
E. ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE
F. PUBLIC SAFETY COMMITTEE
G. PUBLIC WORKS COMMITTEE
H. ADMINISTRATION
i
REPORTS FROM SPECIAL COMMITTEES
it
r
t
KENT
WASHINOTON
OPERATIONS COMMITTEE MINUTES
AUGUST 17, 2010
Committee Members Present: Debbie Raplee, Jamie Perry,
Les Thomas (Chair).
The meeting was called to order by Thomas at 4:04 p.m.
t1. APPROVAL OF MINUTES DATED JULY 20, 2010
J Perry moved to approve the minutes of the July 20, 2010 Operations Committee
meeting. D Raplee seconded the motion, which passed 3-0.
2. APPROVAL OF VOUCHERS DATED JULY 15, 2010
Bob Nachlinger, walked on the vouchers dated July 31, 2010 for approval. D
Raplee moved as amended to approve the vouchers dated July 15, 2010 and July
31, 2010. J Perry seconded the motion, which passed 3-0.
3. RECOMMEND COUNCIL APPROVE THE RESOLUTION REPEALING AND
ADOPTING CURRENT CIT COUNCIL RULES AND PROCEDURES.
The Resolution was sent back to committee by Councilmember Albertson at the July 20
council meeting, however her issues were not communicated to Tom Brubaker or Council
prior to this Operations committee.
On November 5, 2002, the city council, pursuant to Resolution No. 1633, passed
amendments to the existing rules and procedures. Since passage of Resolution No 1633,
the city has undergone a reorganization combining and renaming various council
committees and amendments are necessary to update current council procedures.
City Attorney, Tom Brubaker, provided highlights to amendments, which were mostly to
clarify language. J Perry and L Thomas requested amendments, which Tom will change and
provide copies to council.
J Perry recommended that council approve the resolution repealing and adopting
current council rules and procedures at the August 17 council meeting. D Raplee hEs
seconded the motion, which passed 3-0.
4. MOVE TO RECOMMEND/NOT RECOMMEND APPROVAL OF THE NOMINATION
OF THE SAAR PIONEER CEMETERY AS AN HISTORIC LANDMARK AND
AUTHORIZE THE KING COUNTY HISTORIC PRESERVATION OFFICER TO
1 PROCESS THE NOMINATION APPLICATION PURSUANT TO THE INTERLOCAL
AGREEMENT FOR LANDMARK SERVICES.
III In September, 2006 the Kent City Council adopted Ordinance 3809 which provides a process
for the nomination and designation of historic resources through an interlocal agreement
with King County. The Kent Historical Society has nominated the Saar Pioneer Cemetery for
designation as an historic landmark. This nomination represents the third nomination under
the landmark ordinance. Pursuant to Ordinance 3809 (KCC 14.12), no historic resource
may proceed through the nomination procedure until the Kent City Council has approved the
historic resource for nomination. Caren Bowden, author of the Statement of Significance,
was available to answer questions.
Operations Committee Minutes
August 17, 2010
Page: 2
D Raplee moved to recommend the approval of the nomination of the Saar Pioneer
Cemetery as an historic landmark and authorize the King County Historic
Preservation Officer to process the nomination application pursuant to the
Interlocal Agreement for Landmark Services. J Perry seconded the motion, which
passed 3-0.
S. RECOMMEND THAT THE COUNCIL AUTHORIZE THE USE OF THE LODGING ,
TAX RESERVE FUND, NOT TO EXCEED THE AMOUNT OF $225,000 FOR THE
PURPOSE OF ACQUIRING A MARQUEE FOR THE SHOWARE CENTER, AND TO
AUTHORIZE THE MAYOR TO TAKE ALL ACTIONS NECESSARY TO COMPLETE
THE PURCHASE AND INSTALLATION OF THE MARQUEE.
The Marquee is a state of the art Video Message Board that will be positioned on the plaza
at the west side of the arena in the area of the Flag Poles The marquee dimension will be
9' high x 17' wide and approximately 20' from the surface to the bottom of the board. The
video board will be visual to approximately 23,000 vehicles per week day. We will advertise
all upcoming events and display advertising as permissible within city ordinances. Kurt
Hanson noted it will be fully programmable with likely wireless connection to keyboard in
building.
We are currently waiting for the soil condition report from Shannon and Wilson before we go
out to bid Tom Brubaker, City Attorney, noted that because it is a public works contract, it
may come back to the Operations Committee before installation. This will be on tonight's
Council Agenda.
D Raplee recommend that the Council authorize the use of the Lodging Tax
Reserve fund, not to exceed the amount of $225,000 for the purpose of acquiring a
marquee for the ShoWare Center, and to authorize the Mayor to take all actions
necessary to complete the purchase and installation of the marquee. J Perry
seconded the motion, which passed 3-0.
6. MOVE TO RECOMMEND THAT THE OPERATIONS COMMITTEE AUTHORIZE
ADMINISTRATION TO TAKE THE STEPS NECESSARY TO ISSUE THE $1.2
MILLION IN QUALIFIED ENERGY CONSERVATION BONDS FOR THE HVAC
IMPROVEMENTS AT THE RIVER BEND GOLF COURSE.
The Administration has applied for an allocation of Qualified Energy Conservation Bonds for
the HVAC improvements at the River Bend Golf Course. These bonds will be issued as
taxable bonds and are eligible for a subsidy of 65% of the interest cost paid by the US
Treasury. Jeff Watling, Parks, Recreation and Human Services Director, explained the plan
is to replace with a geothermal design. It may be more expensive up front up but more cost
effective in the long run. It will also be less invasive to the restaurant. Jeff will take the
design and approval for the project to the Parks Committee for review In the Parks
reinvestment plan, the remaining funds will be used for improvements on the course. This
motion will be on the September 7 Council meeting.
J Perry moved to recommend that the Operations Committee authorize Administration to take
the steps necessary to issue the$1.2 million in Qualified Energy Conservation Bonds for the
HVAC improvements at the River Bend Golf Course. D Raplee seconded the motion, which
passed 3-0
Operations Committee Minutes
August 17, 2010
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7. SUMMARY FINANCIAL REPORT FOR JUNE 2010 (INFORMATION ONLY)
Finance Director Bob Nachlinger provided a brief overview of the June 2010 Budget
Summary. Statements reflect the adjusted budget which amendments were adopted by
council in June. We are currently estimating we will be a little over 2/10% over budget in
revenues and about 1 1/4% under expenditures at year and ending fund balance at 10% of
expenditures. Bob expects to end the year nicely. In response to D Raplee's concern about
the medical costs, Bob expects a 10% rate increase for health costs.
The meeting adjourned at 4:43 p.m. by L Thomas.
Pam Clark
Operations Committee Secretary
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' City of Kent
Parks and Human Services Committee Meeting
1 KENT Minutes of July 15, 2010
Council Committee Present: Chair Debbie Ranniger and Dennis Higgins
Excused Absence: Councilmember Elizabeth Albertson
Debbie Ranniger called the meeting to order at 5:01 p.m.
1. Minutes of June 10, 2010 - Approve
Dennis Higgins moved to approve the minutes of June 10, 2010. The motion
passed 3-0 with Elizabeth Albertson's concurrence.
2. 2010 Public Defense Services Agreement Amendment Number Four -
Authorize
On July 1, 2010, the City of Kent annexed the Panther Lake area adding
approximately 24,000 residents. The City of Kent is required by statute to
provide Indigent Counsel services for individuals unable to afford legal
representation when charged with a crime in Kent Municipal Court. Stewart,
Beall, MacNichols and Harmell, under an agreement with the City, represent
those individuals needing legal representation based on financial need. This
amendment will increase the payment to Stewart, Beall, MacNichols and
Harmell from $36,000 per month to $46,000 per month. The increase is
based on the increase in the city's population and will be in effect for six
months. At the end of this period staff will do an analysis of the data to
determine the rate for 2011.
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Dennis Higgins moved to recommend the Mayor sign Amendment Number
Four to the Public Defense Services Agreement. Debbie Ranniger seconded.
The motion passed 3-0 with Elizabeth Albertson's concurrence.
3. King County Summer Work Training Grant Agreement - Authorize
Kent Parks Youth and Teen Division has had a long standing partnership with
the King County Summer Work Training Program. Due to the nature of this
summer project, the amount granted is much higher than in past years so
Parks and Human Services Committee and City Council approval is
necessary.
This summer project will employ 14 youth from Kent Meridian High School
who will work with youth/teen staff, a job coach, and a professional artist to
1 produce one large mural on the outside wall of Kent Meridian Pool, and four
to five small directional signs for the Kent Performing Arts Center. Project
costs for the job coach, professional artist, students, and all supplies is
$18,000 to be reimbursed to the Kent Parks and Recreation Department.
Dennis Higgins moved to recommend the Mayor sign the King County
Summer Work Training Grant and approve the expenditure of funds in the
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Youth/Teen Budget. Debbie Ranniger seconded. The motion passed 3-0 with
Elizabeth Albertson's concurrence.
4. 2010 4Culture King County Performance Network Grant Agreement -
Authorize
4Culture awarded the Kent Arts Commission $6,270.00 in King County
Performance Network funding. The funding supported 2010 site specific
performances by Acorn Dance, Khambatta Dance Company, and an
installation by artist Mandy Greer. Acorn Dance's performance and Mandy
Greer's installation were featured at an Earth Day celebration at Mill Creek
Canyon Earthworks Park in April. Khambatta Dance performed an original
dance piece specifically for the dedication of our newest public art installation j
- Elizabeth Connor's "Sweet Suite for Downtown Kent" at Town Square Plaza
on June 5.
Dennis Higgins moved to recommend accepting the $6,270.00 grant from
4Culture to support 2010 site specific performances and approve the
expenditure of funds in the Kent Arts Commission budget. Debbie Ranniger
seconded. The motion passed 3-0 with Elizabeth Albertson's concurrence.
S. Federal Way School District Easement Agreement for West Hill Park -
Authorize
The Federal Way School District would like a temporary construction
easement to access their construction site at Sunnycrest Elementary School
through the undeveloped West Hill Park site. Parks staff have been working
with the Federal Way School District on creating a cohesive design between
the park and the school with the idea of giving the site a "school in a park"
feel. This collaboration will maximize the amount of use the citizens around
the site will get out of the adjoining public spaces. Construction at
Sunnycrest is scheduled to begin this summer and will only temporarily affect
park land. This project will result in a safer trail to school for kids and r
eventually blend seamlessly into the new West Hill Park.
Dennis Higgins asked about future plans for the park. Future plans for the t
eastern portion of the park include an open field for Frisbee, a small picnic
shelter, and a small basketball court.
Dennis Higgins moved to recommend authorizing the Mayor to sign the
Construction Easement Agreement with the Federal Way School District to
grant temporary access at West Hill Park. Debbie Ranniger seconded. The
motion passed 3-0 with Elizabeth Albertson's concurrence.
6. Second Quarter Reports - Informational
Jeff referenced the 21 contributors that donated cash and/or supplies to
Parks. Money and items donated of lesser value than $5,000 each are not
required to have Council approval. Donations for the second quarter of 2010
totaled over $16,000.00. Jeff extended a big thank you to the contributors
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who partner with us to provide our services. Since recording began two years
ago, an average of $100,000 is donated each year by local supporters.
7. Director's Report
Jeff highlighted programs from this spring and summer, pointing out that we
offer a very diverse set of programs and services to a very diverse set of
residents, both in terms of age and culture. We take great pride in weaving
common threads throughout the programs that we offer; Community, Health
& Wellness and Enrichment. Our goal is to provide healthy and helpful
opportunities to enrich the lives of our customers, and offer ways to bring a
diverse community together.
tAdaptive Recreation Move
The transition of Adaptive Recreation and Youth/Teen staff to Kent Commons
is complete. Many thanks to the Facilities staff for the renovation of Kent
Commons.
L Adaptive Recreation Art
We had our spring summer art show. Forty-five of our artists displayed and
sold their artwork. 50% of our proceeds go to the artists and 50% goes back
into the programs.
Studio 315
One of the most popular programs is Studio 315. This is a Friday evening
program that encourages social engagement. Each quarter approximately
125 participants attend. Hats off to Coordinator Lara Hosford and the
volunteers for their assistance with these programs.
Youth/Teen Day Camp
Teens are given the opportunity to experience camp and learn the
importance of responsibility. There were 182 campers and 27 counselors in
training.
iSummer Day Camp
In partnership with USDA and the Kent School District, we had six summer
playground sites with free lunches. These six sites have had approximately
1,800 visitors to date. A new site was added the newly annexed Panther Lake
area, Chestnut Ridge Elementary.
Big Blue Sus
There have been 41 visits to date and 455 participants at the Big Blue sites.
This program focuses on apartments and taking our programs to the
community.
1 King County Summer Work Training Program
The dedication of the art mural is Tuesday, at Kent Meridian. The Art Mural
conceptual design is well underway. This is a great partnership with King
County.
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Athletics
Almost 3,000 participants, or 255 teams are involved in summer sports -
from Youth T-Ball, Toss ball, and Softball, to Adult Slo-pitch and Softball.
There have been 821 games played. Due to some rainy weather, 256 games
were rained out in Adult Slo-pitch. Our Park Operations crew and Recreation
staff worked very hard to get the games re-scheduled. Between June 12 and
today, we've hosted 12 tournaments at Russell Road and Service Club
Ballfields. We had 60 teams in June alone. We received a great letter from a
Tournament Director regarding their tournament at Russell Road, He also
made an excellent point in regard to the economic impacts of tournaments to
the City - That 476 hotel rooms were reserved, 73 cars were rented, and ,
numerous restaurants were used during the tournament weekend.
Chair Ranniger asked if Kent Station is aware of our tournament schedule.
Lori Hogan noted that our coordinator includes information on local hotels,
stores and restaurants in the tournament packets that go to each participant.
Debbie Ranniger suggested including discount cards to local stores and/or
restaurants in the tournament bag. Jeff will follow up.
Dance Recitals
The event culuminating our spring dance classes are two dance recitals. The
one this spring had 315 performers with 1,300 in the audience. Tammy Heldt
does a great Job with our classes and putting the recitals together.
Lake Meridian
The lake is now open from 11:00 a.m. to 7:OOp.m. every day until
September 6, with a great staff of fifteen lifeguards. There have been
approximately 4,500 visitors to the lake already this summer. On the 90+
degree day last week, over 2,500 people visited the lake.
Sweet Suite
The new metal art pieces along 2"d Avenue that were designed after Sweet
Gum tree pods have been a great addition to the downtown area.
Grants
Parks has experienced a great year for receiving grants. The Partners in
Preservation Grant will give us $70,000 for renovations at Earthworks Park.
The National Endowment of the Arts announced that we are the recipients of
a $25,000 grant. A total of 21 sites throughout the United States were
awarded funding. The project will enhance a bike loop through Earthworks
Park for viewing of landscape art.
Fourth of July Splash
Even with the rainy weather, approximately 10,000 visitors attended the
Fourth of July festivities at Lake Meridian throughout the day.
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Cornucopia Fun Run
I The 5K Run/Walk is in its third year with 575 runners, and we continue to
see growth each year. Mark Hendrickson and the volunteers do a flawless Job
of coordinating and managing the race, as well as the Fun Run at Christmas.
iConcerts at Town Spare Plaza
We've experienced great success with our concerts so far this summer. Over
1,000 families attended the first Kid's Concert last week with Tickle Tune
Typhoon The popular Casper Babypants entertained 850 - 900 people at this
week's Kid's Concert. Nearly 1,000 people attended the first concert at Lake
Meridian last Thursday night.
Movies
Three movies are scheduled to play at Town Square Plaza beginning in
August: Ferris Bueller's Day Off, Raiders of the Lost Ark, and Cars.
Off Leash Dog Park
Volunteers are transforming Morrill Meadows/East Hill Park into a great off
leash dog park. The next phase is fencing. A media spot was filmed with local
pets and owners to encourage support.
Volunteer Events
National Trails Day was at Clark Lake Park. Volunteers laid down another
340' of trail.
There were 21 volunteers cleaning up West Fenwick, Morrill Meadows and
North Meridian Park after Fourth of July festivities. Thank you to the
volunteers for coming out to help at the "After the Fourth" clean up event.
The Cascade Land Conservancy (CLC) data has been completed. Analysis is
being collected and will be included in the document. The report
encompasses our global picture of stewarding and managing our urban forest
and open space throughout our park system. This will be a very useful
document for the department in the coming years. Draft copies will go to
Council in August for prior review to discussion at an upcoming Parks and
Human Services Committee meeting.
1 Riverbend
Mick Kelly's Irish Pub is currently under renovation. A soft opening is
scheduled for late July.
iA second quarter of bad weather at the golf course has created a drop in
revenue.
! 8. Added Item: Project U(th)
Project U(th), is a group of high school students dedicated to provide
services to the local teen population. Project U(th) is a non-profit start up
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business for teens, by teens. The group is looking at locations to open a
beverage business in downtown Kent. They are looking at the old IC Penney
building on Meeker and open to be in operation in October. The facility would
be a place for teens to hang out, post local activities of interest, and give
them the opportunity to earn an income, while learning a vocation. Profits
would pay for youth programs that include recreation, vocational training, job
sharing, and volunteer opportunities. They are on Facebook, with an average
growth of 50 people per week. The contact number is: 253-797-2846. The
meetings are held at the Kent Library or Barry Fretwell's house. Council ,
asked the teens to keep them updated with their progress.
The meeting adjourned at 5:46p.m.
Submitted by Teri Petrole, Council Committee Secretary
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PUBLIC WORKS COMMITTEE MINUTES
Monday, September 13, 2010
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COMMITTEE MEMBERS PRESENT:
Committee Chair Debbie Raplee and members Ron Harmon and Dennis Higgins were
present. The meeting was called to order at 4:01 p.m.
ITEM 1 — Approval of Minutes Dated August 16, 2010:
Committee Member Harmon moved to approve the minutes of August 16, 2010.
The motion was seconded by Higgins and passed 3-0.
ITEM 2 — Department of Ecologv — Municipal Stormwater Capacity Grant:
Environmental Scientist (NPDES), Shawn Gilbertson stated that the Washington State
Department of Ecology issued the Western Washington Phase II Municipal Stormwater
Permit on January 17, 2007. The City has been actively working to implement the permit
requirements.
In August of 2010 the City of Kent was offered a $367,065, one-time grant from the
Department of Ecology under the Phase II Stormwater Capacity Grant program. Funds can
be used for data collection, updating stormwater regulations, source control, public
education and outreach to address illegal discharges into the City's stormwater systems.
Mike Mactutis, Environmental Engineering Manager presented slides that showed Grants
that the City has been awarded since 2009, which total $13,172,000 which exceeds the
total stormwater utility budget for 2010.
I Harmon asked if some of the grant money could go toward the Culvert Cleaning project.
Gilbertson stated that the grant money goes towards operations and maintenance of the
program not other projects. Higgins stated he hoped that a FT employee was not being
hired to carry the position requirements. Tim LaPorte, Public Works Director stated that we
do not hire employees through grant money.
Higgins moved to recommend Council authorize the Mayor to accept a $367,065
grant from the Washington State Department of Ecology as part of the FY 2011
Municipal Stormwater Capacity Grants program, and establish a budget for the
funds to be spent within the National Pollutant Discharge Elimination System
(NPDES) Project, upon concurrence of the language therein by the City Attorney
and the Public Works Director. The motion was seconded by Harmon and passed
3-0.
Item 3 — U.S. Geological Survey Joint Funding Agreement:
Environmental Engineering Manager, Mike Mactutis apologized for the misprint in the budget
impact portion of the action page A hand out with the correct information was handed out
at the meeting. Mactutis went on to state that this is an on-going program with the City of
Kent and the U.S. Geological Survey (USGS) for stream data collection For Fiscal Year
2011, the City of Kent will contribute $48,800 to the annual program costs of $92,900 with
the USGS providing the remainder.
The stream flow measured at the gage at Rock Creek and Kent Kangley Road is proposed to
be used as a criterion to determine the City's augmentation of flows in Rock Creek during
certain periods of the year. This contract will provide for operation, maintenance and data
collection at five gages, two at Mill Creek, one at Springbrook Creek and two on Rock Creek.
Information can be found at htto://waterdata.usgs.gov/wa/nwis/current?tupe=flow.
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PUBLIC WORKS COMMITTEE MINUTES
Monday, September 13, 2010
Harmon moved to recommend Council authorize the Mayor to sign the Joint
Funding Agreement for Water resources Investigations between the City of Kent '
and the U.S. Geological Survey in an amount not to exceed $48,800, upon
concurrence of the language therein by the City Attorney and the Public Works
Director. The motion was seconded by Higgins and passed 3-0.
ITEM 4 - Pulled from the Agenda
ITEM 5 —Information Only/Ouiet Zone - Update:
Transportation Engineering Manager, Steve Mullen stated that staff had been asked to
explore the potential for establishing a railroad quiet zone through the City of Kent, for the i
Burlington Northern Santa Fe (BNSF) Railroad mainline tracks and the Union Pacific (UP)
Railroad mainline tracks. Staff initiated a Diagnostic Team review of the railroad grade
crossings to determine what improvements would be implemented at each crossing in order
to establish a Railroad Quiet Zone. He presented a vicinity map showing the grade
crossings to be included in the proposed Quiet Zone. He then briefly went over the
diagnostic team results and the planning level costs to improve the crossings to compensate
for the loss of the train horn as a warning device.
The costs to implement improvements on the BNSF railroad ranged from $540,000 up to
$1.4 Million On the UP railroad, the costs for improvements ranged from $893,000 to $2 1
Million. The estimates included construction cost only, and did not include engineering,
permitting, traffic control or contingencies. One of the required improvements is an
upgrade of railroad detection to Constant Warning Time equipment. The preliminary cost
estimate for that upgrade ranged from $250,000 to $860,000 per location.
One device available to alleviate the impacts of train noise is a wayside horn. Mullen
explained the difference between a wayside horn and a train horn and provided a diagram
which showed the difference in noise levels from the two devices
LaPorte noted that the Cities have no jurisdiction over the Federal Government which t
regulates the railroads. He stated that the range in cost estimates is wide due to past
experience with the railroads. It is very difficult to get them to stipulate a specific amount.
Council members asked staff about grant opportunities, if we had the money how soon
could the project be completed, is there a liaison and should this be added to the
Transportation Master Plan Staff stated that opportunities for grants will be explored, it
could take years to get a signed agreement from the railroads and that both railroads, and
the Federal Railroad Administration have liaisons that work specifically with quiet zones and
that this didn't need to be added to the TMP
Phil Stewart, Scenic Hill resident said he doesn't understand the requirements and would
like to see a breakdown of each section in Kent and the associated cost.
Harriet Krog, Scenic Hill resident asked if she can contact representatives in Washington
D.C. She was told that she could, individually, or combined with others. It was discussed
that this may be a topic to bring up in the fall on the cities legislative calendar.
Shawn Herbert, Scenic Hill resident said he'd lived on either side of the tracks over the
years and that the East Hill seems much worse. He asked about regulations, and are they
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PUBLIC WORKS COMMITTEE MINUTES
Monday, September 13, 2010
being adhered to by the railroads. He also asked if a study had ever been done on the
degree of noise; it's beyond the level of comfort.
Dan Silvestri, Scenic Hill resident talked about the downtown business and the impact the
! horns have on development.
J.R. Schneider, Scenic Hill resident talked about the increased train volumes as well as the
volume of the whistles, it seems like they have different volume levels. His guests have to
wear earplugs when they come to visit in order to sleep.
Harriet Wittmier, Scenic Hill resident, stated she was told by a private contractor that if he
subjected his employee's to the same decibels, he would be arrested.
Information Only/No Motion Required
! Adiourned•
! The meeting was adjourned at 4:57 p.m.
Cheryl Viseth,
Public Works Secretary
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EXECUTIVE SESSION
' ACTION AFTER EXECUTIVE SESSION
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