HomeMy WebLinkAboutCAG2000-0544 - Original - King COunty - Rehabilitation of Neely-Soames House - 08/08/2000 Contract #:D28671D DEPARTMENT: Office of Cultural Resources
SERVICES PROVIDED: Rehabilitation of Neely-Soames House
AMOUNT: $38,000 FUND SOURCE: Cultural Fac. Prog-H/M (Heritage)
CONTRACT FOR CAPITAL CONSTRUCTION
THIS CONTRACT is entered into by KING COUNTY (the "County") and the City of Kent
(the "Contractor"), whose address is 220 41h Avenue S, Kent, WA 98032 and telephone
number is (253) 856-5112. Contractor is an art, cultural or historical organization qualified
to receive funds pursuant to RCW 67.28.180.
The County desires the Contractor to render certain services in connection with the
rehabilitation of Neely-Soames House and Garden to use as a public facility for heritage
gardening programs and activities.
NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinafter
mentioned, to be made and performed by the parties hereto, the parties covenant and do
mutually agree as follows:
I. SCOPE OF SERVICES
A. The Contractor shall provide services and comply with the requirements set forth
hereinafter and in the following attached exhibits which are incorporated herein by reference:
X Scope of Service Attached hereto as Exhibit A
X Public benefit provisions Attached hereto as Exhibit B
X Personnel Inventory (K.C.0 12.16) Attached hereto as Exhibit C
X Affidavit of Compliance (K.C.0 12.16) Attached hereto as Exhibit D
X Disability Assurance of Compliance/
Section 504 Attached hereto as Exhibit E
X Certificate(s) of Insurance Attached hereto as Exhibit F
B. Funds awarded under this Contract shall be used solely for the rehabilitation of the
Neely-Soames House, located at 23691 Russell Road South, Kent, WA (the "Property). The
Property will be used to support heritage garden programs, as described in Exhibit A and as
approved by the King County Council in Motion 10942. All substitutions or amendments to
the scope of the project described in Exhibit A attached hereto and incorporated herein (the
"Project") must be approved in writing by the Office of Cultural Resources.
C. The Contractor agrees to provide public benefit provisions, as required by the
King County Council and attached as Exhibit B; and further, agrees to specific public benefit
provisions that it does not ordinarily provide in exchange for its receipt of public funds, for a
period of ten (10) years as described in Section 11 of Exhibit B.
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D. The Contractor agrees to acknowledge the source of support for the project in
prominently located permanent signage as:
King County
Landmarks &Heritage Commission
Hotel/Motel Tax Fund
E. The Contractor agrees to notify the King County Office of Cultural Resources in
advance of any public Project activities, including but not limited to groundbreaking events,
dedications, and other public programs.
II. DURATION OF CONTRACT
This Contract shall commence on July 15, 2000 and the scope of work to be
performed under the terms of this contract (as set forth in Exhibit A) shall terminate upon
completion of the public benefit requirements as set forth in Exhibit B.
Notwithstanding the completion of the scope of work to be performed under the terms
of this contract and except as noted in Exhibit B, all public benefit obligations of the
Contractor shall be binding and enforceable for a period of 10 years.
III. COMPENSATION AND METHOD OF PAYMENT
A. The County shall reimburse the Contractor for satisfactory completion of the
services and requirements as specified in this contract in an amount not to exceed $38,000.
B. Funds for payment will be available from the Office of Cultural Resources in the
following manner:
One Invoice in the amount of$38,000, payable upon completion of the work
described in Exhibit A, which includes exterior paint, refinishing of wood floors,
interior paint work, kitchen cabinets, and floor finishing. The invoice shall also be
accompanied by a brief final report that documents total project costs and identifies
all funding sources for the project and amounts, including in-kind contributions of
materials and labor. The final invoice should also be accompanied by at least one
photograph or other illustration of the completed project suitable for use in
publicizing the Cultural Facilities Program in print and on-line.
All payments are subject to site inspection and approval by the Office of Cultural
Resources.
C. The Contractor shall submit the final invoice and other documents as are required
pursuant to this contract within ten (10) days of completion of construction. Unless waived
by the County in writing, failure by the Contractor to submit the final invoice and required
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documents shall relieve the County from any and all liability for payment to the Contractor
for the amount set forth in such invoice or any subsequent invoice.
D. If the Contractor fails to comply with any terms or conditions of this contract or to
provide in any manner the work or services agreed to herein, the County may withhold any
payment due the Contractor until the County is satisfied that corrective action, as specified by
the County, has been completed. This right is in addition to and not in lieu of the County's
right to terminate this contract as provided in Section IV.
IV. TERMINATION OF AGREEMENT
A. If, through any cause, the Contractor shall fail to fulfill in a timely and proper
manner its obligations under this Contract or if the Contractor shall violate any of its
covenants, agreements or stipulations of this Contract, the County shall thereupon have the
right to terminate this Contract and withhold the remaining allocation if such default or
violation is not corrected within twenty(20) days after submitting written notice to the
Contractor describing such default or violation.
If the termination results from acts or omissions of the Contractor, including but not
limited to misappropriation, nonperformance of required services or fiscal management, the
Contractor shall return to the County immediately any funds, misappropriated or
unexpended, which have been paid to the Contractor by the County.
B. Notwithstanding any provisions of the Contract, either party may terminate this
Contract by providing written notice of such termination, specifying the effective date
thereof, at least thirty(30) days prior to such date.
C. The County may terminate this Contract in whole or part upon written notice to
the Contractor if expected or actual funding, including 2000 appropriation by the King
County Council of sufficient funds to support the activities described herein, is withdrawn,
reduced or limited in any way prior to the termination date set forth above in Section II or in
any amendment hereto.
Reimbursement for services performed by the Contractor, and not otherwise paid for
by the County prior to the effective date of a termination under subsections B and C herein,
shall be as the County reasonably determines.
V. MAINTENANCE OF RECORDS
A. 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. All such records shall sufficiently and properly reflect all direct and
indirect costs of any nature expended and services provided in the performance of this
Contract.
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B. These records shall be maintained for a period of six (6) years after termination
hereof unless permission to destroy them is granted by the Office of the Archivist in
accordance with RCW Chapter 40.14, or unless a longer retention period is required by law.
VI. AUDITS AND EVALUATIONS
A. The records and documents with respect to all matters covered by this Contract
shall be subject at all times 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.
B. The Contractor shall provide right of access to its facilities, including those of any
subcontractor to the County, the state and/or federal agencies or officials at all reasonable
times in order to monitor and evaluate the services provided under this Contract. The County
will give advance notice to the Contractor in the case of fiscal audits to be conducted by the
County.
C. 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 42.17.
D. If the Contractor receives a total of$25,000 or more in federal financial assistance
from the County, 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, Program, Activities
and Functions; and OMB Circulars A-133 and A-128, as amended and as applicable.
Agencies receiving federal funds from more than one County department or division shall be
responsible for determining if the combined financial assistance is equal to or greater than
$25,000. 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.
VII. CONTRACT MODIFICATIONS
The County and the Contractor may, from time to time, request changes in services to
be performed with the funds. Any such changes that shall be mutually agreed upon by the
County and the Contractor prior to implementation shall be incorporated herein by written
amendment to this Contract in advance of implementation. It is mutually agreed and
understood that no alteration or variation of the terms of this Contract shall be valid unless
made in writing and signed by the parties hereto, and that any oral understanding or
agreements not incorporated herein, shall not be binding.
VIII. SPECIAL PROVISION
The County's failure to insist upon the strict performance of any provision of this
Contract or to exercise any right based upon a breach thereof or the acceptance of any
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performance during such breach, shall not constitute a waiver of any right under this
Contract.
IX. FUTURE SUPPORT
The County makes no commitment to support the services contracted for herein nor
guarantee regarding the success of the services assumes no obligation for future support of
the Project contracted herein except as expressly set forth in this contract.
X. RECAPTURE PROVISION
In the event that the Contractor fails to expend county funds in accordance with law
and/or the provisions of this Contract, the County reserves the right to recapture county funds
in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist
for a period not to exceed three(3) years following termination of the Contract. Repayment
by the Contractor of county funds under this recapture provision shall occur within thirty(30)
days of demand. In the event that the County is required to institute proceedings to enforce
this recapture provision, the County shall be entitled to its cost thereof, including reasonable
attorney's fees.
XI. OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The County makes no claim to any real property improved or constructed with funds
under this Contract and, by this contract, does not assert and will not acquire any ownership
interest in or title to the capital facilities and/or equipment constructed or purchased under
this Contract. This provision does not extend to claims that the County may bring against the
Contractor in the event of recapture of funds expended in violation of this Contract as set
forth above.
XII. HOLD HARMLESS AND INDEMNIFICATION
A. 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 Security liability that may result from the performance of and
compensation for these services and shall make no claim of career service or civil service
rights which may accrue to a County employee under state or local law.
The County assumes no responsibility for the payment of any compensation, wages,
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 and save harmless the County and 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.
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B. The Contractor further acknowledges that it is financially responsible for and shall
repay the County all indicated amounts following an audit exception which occurs due to the
negligence, intentional act 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.
C. The Contractor shall protect, defend, indemnify, and save harmless the County
and the State of Washington (when any funds for this Contract are provided by the State of
Washington), their 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 acts or omissions
of the Contractor, its officers, employees, and/or agents. 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 any employees, or agents. For the 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 attorney's fees to enforce the provisions of this article, all such fees, expenses, and
costs shall be recoverable from the Contractor.
Claims shall include, but are not limited to, assertions that the use or transfer of any
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.
XIII. INSURANCE REQUIREMENTS
By the date of execution of this Contract, the Contractor shall procure and maintain
for the duration of this Contract insurance against claims for injuries to persons or damages
to property which may arise from, or in connection with the performance of work hereunder
by the Contractor, his agents, representatives, employees, and/or subcontractors. The costs of
such insurance shall be paid by the Contractor or subcontractors.
For All Coverages: Each insurance policy shall be written on an "Occurrence" form.
1. Minimum Scope of Insurance
Coverage shall be at least as broad as:
(a) General Liability:
Insurance Services Office form number(CG 00 01 Ed. 11-88)
covering COMMERCIAL GENERAL LIABILITY
(b) Automobile Liability:
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Insurance Services Office form number(CA 00 01 Ed. 12-90)
covering BUSINESS AUTO COVERAGE, symbol I "any
auto"; or the combination of symbols 2, 8, & 9.
(c) Workers Compensation:
Workers Compensation coverage, as required by the Industrial
Insurance Act of the State of Washington.
(d) Employers Liability or "Stop Gap":
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.
(e) Personal Property Insurance
2. Minimum Limits of Insurance
The Contractor shall maintain limits no less than, for:
(a) General Liability: $1,000,000
combined single limit per occurrence by bodily injury, personal
injury and property damage, and for those policies with
aggregate limits, a $2,000,000 aggregate limit.
(b) Automobile Liability: $ 0
combined single limit per accident for bodily injury and
property damage.
(c) Workers Compensation: Statutory requirements
of the State of Washington.
(d) Employers Liability or "Stop Gap": $1,000,000, if Contractor
has employees.
(e) Personal Property: Contractor warrants that it will procure and
maintain additional property insurance limits equal to or
greater than the amount of this contract. King County shall be
added as a loss payee as respects its interests as they may
appear at the time of loss. The Contractor will maintain
Personal Property insurance equal to or greater than the amount
of this contract for a period of ten years from the date of
acquisition of the property.
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3. Deductibles and Self Insured Retentions
Any deductibles or self-insured retentions must be declared to, and approved
by, the County. The deductible and/or self-insured retention of the policies shall not
apply to the Contractor's liability to the County and shall be the sole responsibility of
the Contractor.
4. Other Insurance Provisions
The insurance policies required in this contract are to contain, or be endorsed
to contain, the following provisions:
(a) General Liability Policies
(1) The County, its officers, officials, employees and agents
are to be covered as additional insureds as respects: liability
arising out of activities performed by or on behalf of the
Contractor in connection with this Contract.
(2) To the extent of the Contractor's negligence, the
Contractor's insurance coverage shall be primary insurance as
respects the County, its officers, officials, employees, and
agents. Any insurance and/or self-insurance maintained by the
County, its officers, officials, employees, or agents shall not
contribute with the Contractor's insurance or benefit the
Contractor in any way.
(3) The Contractor's insurance shall apply separately to each
insured against whom claim is made and/or lawsuit is brought,
except with respect to the limits of the insurer's liability.
(b) All Policies
Coverage shall not be suspended, voided, canceled, reduced in
coverage or in limits, except as reduced in aggregate by paid
claims, until after forty-five (45) days prior written notice has
been given to the County.
5. Acceptability of Insurers
Unless otherwise approved by the County:
Insurance is to be placed with insurers with a Best's rating of no less
than A:VIII, or, if not rated with Best's, with minimum surpluses the
equivalent of Bests' surplus size VIII.
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If at any time, the foregoing policies shall be or become unsatisfactory
to the County, as to form or substance, or if a company issuing any such
policy shall be or become unsatisfactory to the County, the Contractor shall,
upon notice to that effect from the County, promptly obtain a new policy, and
shall submit the same to the County, with appropriate certificates and
endorsements, for approval.
6. Verification of Coverage
The Contractor shall furnish the County with verification of insurance and
endorsements required by this 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 this Contract. The County reserves the right to require complete,
certified copies of all required insurance policies at any time.
7. Subcontractors
The Contractor shall include all Subcontractors as insureds under its policies,
or shall furnish separate certificates of insurance and policy endorsements for each
Subcontractor. Insurance coverage provided by Subcontractors as evidence of
compliance with the insurance requirements of this Contract shall be subject to all of
the requirements stated herein.
XIV. CONFLICT OF INTEREST
King County Code Chapter 3.04 is incorporated by reference as if fully set forth
herein and the Contractor agrees to abide by all the conditions of said Chapter. Failure by the
Contractor to comply with any requirements of this Chapter shall be a material breach of
contract.
A. The Contractor covenants that no officer, employee, or agent of the County who
exercises any functions or responsibilities in connection with the planning and
implementation of the scope of services funded herein, or any other person who presently
exercises any functions or responsibilities in connection with the planning and
implementation of the scope of services funded herein shall have any personal financial
interest, direct or indirect, in this Contract. The Contractor shall take appropriate steps to
assure compliance with this provision.
B. If the Contractor violates the provisions of Subsection XIII(A) or does not
disclose other interest required to be disclosed pursuant to King County Code Section
3.04.120, as amended, the County will not be liable for payment of services rendered
pursuant to this Contract. Violation of this Section shall constitute a substantial breach of
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this Contract and grounds for termination pursuant to Section IV(C) above as well as any
other right or remedy provided in this Contract or law.
XV. NONDISCRIMINATION
A. King County Code Chapters 12.16 and 12.18 are incorporated by reference as if
fully set forth herein and such requirements apply to this Contract; provided however, that
no specific levels of utilization of minorities and women in the workforce of the Contractor
shall be required, and the Contractor is not required to grant any preferential treatment on the
basis of race, sex, color, ethnicity or national origin in its employment practices; and
provided further that, notwithstanding the foregoing, any affirmative action requirements set
forth in any federal regulations, statutes or rules included or referenced in the contract
documents shall continue to apply.
B. During the performance of this Contract, neither the Contractor nor any party
subcontracting under the authority of this Contract shall discriminate nor tolerate harassment
on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation,
age, or the presence of any sensory, mental, or physical disability in the employment or
application for employment or in the administration or delivery of services or any other
benefits under this Contract.
The Contractor shall comply fully with all applicable federal, state and local laws,
ordinances, executive orders and regulations which prohibit such discrimination. These laws
include, but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights
Act of 1964.
C. During the performance of this Contract, neither the Contractor nor any party
subcontracting under the authority of this Contract shall engage in unfair employment
practices. It is an unfair employment practice for any:
1. Employer or labor organization to discriminate against any person with respect to
referral, hiring, tenure, promotion, terms, conditions, wages or other privileges of
employment;
2. Employment agency or labor organization to discriminate against any person with
respect to membership rights and privileges, admission to or participation in any
guidance program, apprenticeship training program, or other occupational training
program;
3. Employer, employment agency, or labor organization to print, circulate, or cause
to be printed, published or circulated, any statement, advertisement, or publication
relating to employment or membership, or to use any form of application therefor,
which indicates any discrimination unless based upon a bona fide occupation
qualification;
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4. Employment agency to discriminated against any person with respect to any
reference for employment or assignment to a particular job classification;
5. Employer, employment agency or a labor organization to retaliate against any
person because this person has opposed any practice forbidden by KCC Chapter
12.18 or because that person has made a charge, testified or assisted in any
manner in any investigation, proceeding or hearing initiated under the provisions
of KCC Chapter 12.18;
6. Publisher, firm, corporation, organization or association printing, publishing or
circulating any newspaper, magazine or other written publication to print or cause
to be printed or circulated any advertisement with knowledge that the same is in
violation of KCC Chapter 12.18.030C., or to segregate and separately designate
advertisements as applying only to men and women unless such discrimination is
reasonably necessary to the normal operation of the particular business, enterprise
or employment, unless based upon a bona fide occupational qualification; and/or
7. Employer to prohibit any person from speaking in a language other than English
in the workplace unless:
a. The employer can show that requiring that employees speak English at certain
times is justified by business necessity, and
b. The employer informs employees of the requirement and the consequences of
violating the rule.
D. Reporting
1. The Contractor entering into a contract or agreement with King County valued at
$25,000 or more shall submit to the County Executive a total personnel inventory report
providing employment data for minorities, females, and persons with disabilities.
The Contractor shall complete the employment profile form provided by the County
and attach the completed form to this Contract. Subject to the provisions of KCC Chapter
12.16.060, the Contractor's personnel inventory report shall be effective for two years after
the date on which the report was submitted.
2. The Contractor entering into a contract with King County valued at more than
S2S,000, contracts which in the aggregate have a value to the Contractor of more than $25,000
should submit an affidavit of compliance in the form provided by the County, demonstrating
commitment to comply with the provisions of KCC Chapter 12.16 in accordance with
paragraph A of this Section XV.
The Contractor shall complete the affidavit of compliance provided by the County
and attach the original, notarized, completed form to this Contract. Subject to the provisions
of KCC Chapter 12.16.060, the Contractor's affidavit of compliance shall be effective for
two years after the date on which the report was submitted.
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If the Contractor engages in unfair employment practices as defined above, remedies
as set forth in KCC Chapter 12.18 shall be applied.
The Contractor will complete all reports and forms (including Department of Social
and Health Services non-discrimination forms, where applicable) provided by the County and
will otherwise cooperated fully with the County in monitoring and assisting the Contractor in
providing nondiscriminatory programs.
XVI. NONDISCRIMINATION IN SUBCONTRACTING PRACTICES
A. In accordance with the provisions of Washington Initiative 200, no County
Minority and Women Business (M/WBE) utilization requirements shall apply to this
Contract. No minimum level of M/WBE subcontractor participation or purchase from
M/WBE certified vendors is required and no preference will be given by the County to a
bidder or proposer for their M/WBE utilization or M/WBE status. Provided, however, that
any affirmative action requirements set forth in any federal regulations or statutes included or
referenced in the Contract documents will continue to apply.
B. During the term of this Contract, the Contractor shall not create barriers to open
and fair opportunities for M/WBEs to participate in all County contracts and to obtain or
compete for contracts and subcontracts as sources of supplies, equipment, construction and
services. In considering offers from and doing business with subcontractors and suppliers,
the Contractor shall not discriminate against any person on the basis of race, color, creed,
religion, sex, age, nationality, marital status, sexual orientation or the presence of any mental
or physical disability in an otherwise qualified disabled person.
C. The Contractor shall maintain, until at least 12 months after completion of all work
under this contract, records and information necessary to document its level of utilization of
M/WBEs and other businesses as subcontractors and suppliers in this contract and in its
overall public and private business activities. The Contractor shall also maintain, until 12
months after completion of all work under this contract, all written quotes, bids, estimates or
proposals submitted to the Contractor by all businesses seeking to participate in this Contract.
The Contractor shall make such documents available to the County for inspection and
copying upon request. If this contract involves federal funds, Contractor shall comply with
all record keeping requirements set forth in any federal rules, regulations or statutes included
or referenced in the contract documents.
D. King County encourages the utilization of minority owned businesses ("MBEs")
and women-owned businesses ("WBEs")(collectively, "M/WBEs") in County contracts. The
County encourages the following practices to open competitive opportunities for M/WBEs:
• Attending a pre-bid or pre-solicitation conference, if scheduled by the County, to
provide project information and to inform M/WBEs of contracting and
subcontracting opportunities.
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• Placing all qualified small businesses attempting to do business in King County,
including M/WBEs, on solicitation lists, and providing written notice of
subcontracting opportunities to M/WBEs and all other small businesses capable
of performing the work, including without limitation all businesses on any list
provided by the County, in sufficient time to allow such businesses to respond to
the written solicitations.
• Breaking down total requirements into smaller tasks or quantities, where
economically feasible, in order to permit maximum participation by small
businesses including M/WBEs.
• Establishing delivery schedules, where the requirements of this contract permit,
that encourage participation by small businesses, including M/WBEs.
• Providing M/WBEs that express interest with adequate and timely information
about plans, specifications, and requirements of the contract.
• Utilizing the services of available minority community organizations, minority
contractor groups, local minority assistance offices, the County, and other
organizations that provide assistance in the recruitment and placement of
M/WBEs.
E. Any violation of the mandatory requirements of the provisions of this Section
shall be a material breach of contract for which the Contractor may be subject to damages
and sanctions provided for by contract and by applicable law.
XVIL 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. SECTION 504 AND AMERICANS WITH DISABILITIES ACT
The Contractor has complete a Disability Self-Evaluation Questionnaire for all
programs and services offered by the Contractor(including any services not subject to this
Contract); and has evaluated its services,programs and employment practices for compliance
with Section 504 of the Rehabilitation Act of 1973, as amended, ("504") and the Americans
with Disabilities Act ("ADA"). The Contractor has prepare a Corrective Action Plan for the
structural, programmatic, and/or service changes necessary at each of its premises within the
State of Washington to comply with 504 and the ADA, and it is attached as an exhibit to this
Contract and incorporated herein by reference.
Please note that if the Contractor has previously submitted the Disability Assurance
of Compliance form and Corrective Action Plan to the County, it is exempt from filing the
Disability form for the current contractual year, provided that the Contractor is in the same
location. In this instance, the Contractor will attach a copy of the original signed Assurance
of Compliance Form affirming continued efforts to comply with Section 504 and the ADA of
1990.
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XIX. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY
The Contractor shall use recycled paper for the production of all printed and
photocopied documents related to the fulfillment of this Contract. If the cost of recycled
paper is more than fifteen percent higher than the cost of non-recycled paper, the Contractor
shall notify the Contract Administrator, who may waive the recycled paper requirement. The
Contractor shall use both sides of paper sheets for copying and printing and shall use
recycled/recyclable products wherever practical.
XX. SEVERABILITY
In the event any term or condition of this Contract or application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other terms,
conditions, or applications of this Contract which can be given effect without the invalid
tern, condition, or application. To this end the terms and conditions of this Contract are
declared severable.
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XXI. ENTIRE CONTRACT/WAIVER OF DEFAULT
The parties agree that this Contract is the complete expression of the terms hereto and
any oral 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.
COUNTY: CONTRACTOR:
for `
Signature- King County Executive Sign re
Date Title
aOO
Date '
Federal Taxpayer ID #
Approved as to Form:
Office of the King County Prosecuting Attorney
Deputy Prosecuting Attorney
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EXHIBIT A
2000 King County Landmarks and Heritage Cultural Facilities Program
IIF King County Landmarksand Heritage Commission
Cultural Facilities Program Application
King County Office of Cultural Resources (206) 296-7580 V/TDD
506 Second Avenue, Suite#200/Seattle, WA 98104-2307 1-800-325-6165 V/TDD
www.metrokc.Qov/exec/culture/
Deadline: • Applications must be received in the office by 4:30 p.m. on January 24,
January 24, 2000 2000 or postmarked by January 24, 2000.
Instructions • Read the Cultural Facilities Program Guidelines before filling out this
form.
• Applicants are strongly encouraged to attend a workshop and to discuss their
proposal with program staff prior to submitting an application.
• Answer all questions in the space provided. Use 10 point or larger type.
• Signatures of director and board president required. See page 12.
• Submit one original and 10 three hole punched double-sided copies.
• Submit two sets of support materials.
Applicant Name: City of Kent Parks and Recreation Department
Organization
Director: John M. Hodgson Title: Parks and Recreation Director
County Council Address: 220 4"Avenue South City:Kent Zip: 98032
District#9,13,7,12
(Call King Co. Records Phone: 253-856-5110 Fax: 253-856-6050 e-mail ihod son(aci.kent.wa
and Elections at(206)
296-1581 to verity the
Council District)
Date of Incorporation: 05/28/1890 Previous Fiscal Year's
Operating Expenditures $ 5,970,407
Federal Tax ID#: 91-6001254 Previous Fiscal Year's
Fiscal Year End Date: 12/31/99 Revenues $ 1,593,768
Project Director Name: Pamela McFall
Title: Park Development Coordinator
Address: 220 4"Avenue South City: Kent Zip: 98032
Phone: 253-856-5113 e-mail: pmcfall a ci.kent.wa
Fax: 253-856-6050
Project Summary
Project Title Neely Soames Historical House and Garden Restoration Project
Project Description The complete restoration of the House and garden to include the restoration and
development of a historic "kitchen" garden and restoration of the home for use
as a public facility for heritage garden ing/seminars/gatherings.
Amount Requested $38,227 Project Budget $318,549
Project Location 23691 Russell Estimated number of people served 150,000
Road South
X Check here if you attended a Heritage Cultural Facilities Program Application workshop
Page 1
2000 King County Landmarks&Heritage Cultural Facilities Program
1. Organization Background, Accomplishments, and Plans
A. Mission,Goals, and Services. Describe the mission and goals of your organization, group, or agency.
Describe the principle programs and services your organization provides, and your organization's major
accomplishments, including any previous capital projects.
The Kent Parks and Recreation Department's mission is to provide the opportunity and encourage local citizenry
to participate in life enrichment activities through park and facility development, professional programming, and
the optimum utilization of community resources, one of the most significant being the legacy and honoring of our
past. The City of Kent is steward of the Neely Soames Home and the Bereiter Home, both properties are/will be
operated with community partners.
Kent Parks and Recreation recognizes a diverse population and seeks to identify, enhance, and preserve their
cultures. An important element of settlement, of which there is dwindling evidence, was the farming community.
The Kent valley brought life, hope and sustenance to original settlers,beckoning people of diverse heritage. The
Neely Soames Project attempts to preserve our agricultural heritage and celebrates the beginning of Kent.
The Neely Soames Project allows the community to partner with the City of Kent to:
• Successfully restore the Neely Soames Home
• Support a program that includes a community gathering space, and an office/library horticulture center
staffed by WSU Master Gardeners, as well as
• Support the ongoing development of a heritage "kitchen" garden with the guidance of the Des Moines
Garden Club,WSU Master Gardeners and community members
To support our mission and goals, the City of Kent, in partnership with the Washington State Historical Society
]Capital Projects for Washington's Heritage Grant Award) is well underway in the restoration of the Neely
Soames Home. And, with the support of the Des Moines Garden Club, South King County Master Gardeners
Foundation(Grant Award), Greater Kent Historical Society, Eagle Scouts, many local businesses and the Adopt-
A-Park Program, the community continues to develop an historic"kitchen"garden on site.
In addition to the Neely Soames Home, the City of Kent in partnership with the Greater Kent Historical Society,
has embraced the responsibility of restoring, maintaining and programming the historic Bereiter Home for the use
as a community historical museum. With financial support from the City of Kent, King County Facilities and
Fixed Assets (Grant Award in 1997/1999), and many contributions from individuals and businesses, the Bereiter
Hnme is Amctionino as a rmhlic mnsenm.
B. Service area. Describe the geographic area served by your organization.
Kent extends from north to Renton, east to Covington ,west to Federal Way and south to Auburn. Our Service
area is the Kent Schonl District annrnximatelv 150 000 nenle
C. Community Outreach. Describe your organization's community outreach activities, including efforts to
expand and/or diversify your visitors, membership, staff, and/or leadership.
The City of Kent explores the opportunity for community partnership in each endeavor it pursues. The Neely
Soames Historical House and Garden Restoration Project is no exception to this standard. Several community
meetings have been held resulting in strong partnerships for the restoration of the home, the development and
care of a community historic "kitchen" garden and programming. Outreach meetings facilitated by the City of
Kent have included: Garden Clubs, Greater Kent Historical Society, Master Gardeners Foundation, King County
Heritage Program Coordinator, local businesses, and service clubs. Most recently, 14 community volunteers,
coupled with 2 staff members, and garden club members celebrated National Make a Difference Day on October
23, 1999,by harvesting vegetables from the garden to support the Kent Food Bank and mulch the garden for next
tears gardening program.
D. Planning. Along range plan is required for all applications except fixed assets under$10.000.
For the purposes of this program, a long-term plan is defined as: the programmatic, administrative, and fiscal
goals an organization expects to achieve in the next three to five years and the specific actions that will be taken
to achieve then:. Please attach a copy as Attachment E. Applicants for fixed assets are encouraged to submit
plans and policies supporting their requests, such as collection management or interpretive plans. See item K on
the Attachments Checklist(page 12)
When was your plan last updated and approved by the governing body? 1999
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2000 King County Landmarks& Heritage Cultural Facilities Program
2. Project Description continued
C. Facility Ownership,Tenancy,and Fixed Assets. Answer whichever of the following questions applies to
your funding request:
If you are applying for funds to renovate a leased facility:
• Name and address of facility owner:
• Attach a copy of the lease or agreement governing your use of the facility as(label as Attachment F)
If you are applying for funds to purchase or construct a facility:
• Address of the building: 23691 Russell Road South, Kent, WA 98032
If you are applying for funds to purchase fired assets:
• Describe location where the equipment will be stored and/or installed:
Name and address of facility owner: City of Kent -220 4"Avenue South, Kent, WA 98032
Attach 10 copies of list of equipment proposed for purchase; label as Attachment G.
D. List the project's key participants. Include members of your staff, both paid and volunteer: outside
consultants, design team;project manager; and their respective qualifications and responsibilities. Please
attach resumes for each (label as Attachment B).
Lori Flemm,Park Planning and Development Superintendent
Pamela McFall,Park Development Coordinator
Perry Brooks, Project Manager
Boyle-Wagoner Architects
Des Moines Garden Club—Kate Bean, Heritage Garden Coordinator
Master Gardeners of South King County
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2000 King County Landmarks& Heritage Cultural Facilities Program
3. Project Impact
Describe the long-term benefit this project will provide to your community, King County, or the region. Please
refer to the evaluation criteria listed under the heading "Project Impact"on page 8 of the guidelines in
responding to this question.
The Neely Soames Historical House and Garden Restoration Project allows the City of Kent to meet its long-term
benefit to the community by:
• Identifying as a priority the establishment, restoration and maintenance of the Neely Soames Home as a'
historic landmark in its community.
• Providing public access to one of the few intact historic farm houses in the Kent valley.
• Creating a space and garden where heritage and cultural education can take place(focusing on crops
historically grown in the Kent valley.
• Providing a venue for regional heirloom gardening,preservation and sharing of know ledge.
• Forming partnerships with public,private,corporate and service entities creating an atmosphere of
community ownership in our past.
• Regional benefit derived from the importance of the site historically on the Green River to aid settlement of
the valley
4. Post-Project Maintenance and Operation
How will the project affect your operations durine and after construction or purchase?For example, will the
Page 5
2000 lung County Landmarks& Heritage Cultural Facilities Program
project change the type or frequency of programmatic activities, raise or lower maintenance costs, reduce or
increase staff levels, etc? Explain how additional needs such as staff or operating expenses will be met.
Currently, the Neely Soames Home is vacant, therefore, there are no effects on programming within the house.
Once the house has been renovated and is ready for public use, a community education space will be available for
the following organizations:
Des Moines Garden Club—Use of workshop to support the ongoing maintenance and care of the existing
heritage"kitchen"garden on site.
Washington State University Master Gardeners of South King County—Use of facility for public diagnostic
clinics, classes and seminars related to heritage and community gardening.
Kent School District—Educational tours/projects related to gardening and agricultural/community history.
Neighboring Home Owners Associations-for community gatherings.
Additional organizations could include but not limited to the following:
Kent Parks and Recreation(community education/outreach classes),Boy Scouts of America for future Eagle
Scout Project,and the Rainier Audubon Society.
The facility will not be staffed, but rather a key issued for designated users. Interior maintenance costs will be
absorbed by the City of Kent Facilities Division and exterior grounds (mowing) by Park Maintenance. The
ongoing care of the historic "kitchen" garden will be maintained by the Des Moines Garden Club/WSU Master
Gardeners and community volunteers.
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2000 King County Landmarks&Heritage Cultural Facilities Program
5. Financial Information
A. Prior Funding. List funding received from the King County Landmarks and Heritage Commission or the
King County Arts Commission in the last four years.
1999—Bereiter House Restoration Project—KC Landmarks and Heritage Commission$25,000 Grant Award
1997—Bereiter House Restoration Project—KC Landmarks and Heritage Commission $25,000 Grant Award
1996-1999—King County Arts Commission—Sustained support 422,810
1999—King County Performance Network-$3,000
1997—King County Special Projects Grant-$5,000
B. Audit or independent financial review. All applicants are required to provide either a certified audit,
financial review, or compilation prepared by a Certified Public Accountant(independent of the organization)for
its most recently completed fiscal year.
Indicate which document is being submitted and include it as Attachment D
X Audit ❑Independent Financial Review ❑ Compilation Report
Cities and other public agencies may submit a copy of their"Independent Auditor's Report on Compliance
with State Laws and Regulations"and their"Independent Auditor's Report on Financial Statements and
Additional Information"in lieu of the complete audit document.
6. Funding Strategy
A. Budget Development. Explain how the project budget was developed. If the budget presented in this
application is a preliminary budget arrived at without firm bids, explain how the cost estimates were determined.
The City of Kent contracted with Boyle Wagoner Architects(an architectural firm specializing in historic
restoration and preservation)to provide architecture and engineering and structural observation. Boyle Wagoner
Architects developed a cost estimate for the improvements necessary for renovation of the house to be
constructed in two phases. The improvements meet the City of Kent's Building and Zoning Codes in an effort to
convert the building's use from a residential use to a public facility in compliance with the Americans with
Disabilities Act.
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2000 King County Landmarks& Heritage Cultural Facilities Program
6. Funding Strategy, continued
B. Fundraising Plan. Describe your organization's fundraising plan for this project including its goals,
timeline, and progress to date. If you have not yet begun a capital campaign, describe your plans. Be as specific
as possible about the sources you will approach. Identify major in-kind donations you have received or anticipate
receiving.
The City of Kent develops and approves the Capitol Improvement/Acquisition budget annually. Long range
planning is developed to assure the ongoing commitments to further preserve/enhance/and develop our cultural
heritage.
Following is a list of contributors to this project:
Capital Funds/Proiect Administration/Consultation
City of Kent—grant matching capital funds, project administration, labor and materials.
Washington State Historical Society— Capital Projects for Heritage Grant Award
WSU Master Gardeners Foundation—Grant funds, labor,garden consultation
Consultation/Design/Plant Materials/Labor
Greater Kent Historical Society—historical consultation
Des Moines Garden Club—garden consultation,plant materials, labor
Snoqualmie Valley Historical Society—plant materials
Kathy Mendelson—historic"kitchen"garden consultation
Weisman Design Group—design consultation, renderings(garden)
Materials/Labor
Boy Scouts of America—Eagle Scout projects of materials and labor for grape arbor and hop trellis
Polygon Northwest Company—materials, labor
Puget Sound Foundations, SVC, Inc.—materials and labor for garden walkways
West Coast Fence Co.—materials and labor for picket fence
Sea-Port Dozing and Development, Inc.—materials and labor for grading site
C. Contingency Plan. Explain how you will change the project scope of work if you are unable to raise the
total amount required for completion of your project as planned.
The scope of work for this project has been prioritized to meet the immediate need for repair or replacement of
materials. If necessary, the scope of work will be reduced with the understanding that the City of Kent remains
responsive to the need of continued restoration and in good working order. Should this project not receive full
funding, the City will continue to seek public, private, and corporate partnerships to continue the effort of
restoration and maintenance of the Neely Soames Home and historic "kitchen"garden.
Page 8
2000 King County Landmarks&Heritage Cultural Facilities Program .
7. Project Budget
A. PROJECT EXPENSES SEE ATTACHMENTS Cash In-Kind
1. Design
Cost breakdown by phase including feasibility studies, architectural,
design,engineering and other consultant fees, design development,
schematics, construction drawings,bid documents:
Phase I—Weisman Design/Des Moines Garden Club $ $ 1,040
Phase II—Boyle Wagoner Architects A/E $ 41,283 $
SUB-TOTAL: S 41,283 $ 1,040
2. Construction/Renovation Budgets
Cost estimate breakdown, including sales tax
Phase I—Garden/Grounds Restoration and Development S 5,500 $ 17,424
Phase II—House Restoration S 211,990 $
Phase III—House Restoration $ 38,227 $
$ $
$ $
SUB-TOTAL: $ 255,717 $ 17,424
3. Fixed Assets(equipment, fixtures, furnishings)
For fixed assets applications, specify item(s)and cost, including tax);
provide a detailed list as Attachment G. For facilities applications that
include fired assets, list general categories.
$ $
SUB-TOTAL: $ $
4. Purchase of Facility
Cost estimate breakdown including purchase price, commissions,
mortgage fees, closing costs:
SUB-TOTAL: $ $
5. Soft Costs (permits,insurance,bonds,sales tax,etc.)
Phase II—Shoreline Substantial Development, SEPA Check-List, $ 3,085 $
Building Permit, Demolition Permit $ $
SUB-TOTAL: $ 3,085 $
6. Financing Costs $ $
7. Fundraising Costs S $
8. Total In-Kind Contributions(1-9) $ 18.464
9. Total Cash Expenses (1-9) $ 300,085
10. TOTAL PROJECT COSTS (Expenses+In-Kind) S 318,549
Page 9
Project Budget Expenses
Phase I—Renovation of exterior grounds and framework for"kitchen" garden
Design
Weisman Design— garden conceptual renderings $310 in-kind
Research/design/consultation—Des Moines Garden Club $730 in-kind
Construction/Renovation Budgets
Grade/Fill - Sea-Port Dozing & Development $900 in-kind
Sidewalk/Gravel—Puget Sound Foundations, Inc. $3,248 in-kind
Picket Fence—West Coast Fence Co. $2,221 in-kind`
Paint (fence)—R.R. Enterprises $965 in-kind
Trellis/Arbor Supplies—Uresco Cont. Materials $90 in-kind
Sewer/Water Line—Polygon NW $10,000 in-kind
Irrigation System— City of Kent $4,500 capital
Plant materials/compost/bulbs $1,000 grant
Phase I —Total Cost $23,964
Phase II—House Restoration - See Boyle/Wagoner Statement of Probable Costs
Design
Boyle/Wagoner Architects A/E $41,283
Construction/Renovation Budgets
Contract bid awarded to Father & Sons Construction $166,990
Contract includes the following work: Demolition of non-historic garage and construction of
historically compatible work "mud" room, structural seismic upgrading, electrical/mechanical
upgrading, ADA compliance entrances/decking/bathrooms. Woodworking to include:
Replacement/repair of deteriorated porch, turned columns, lattice, siding, doors, molding and
trim work.
Contract amendment to Father & Sons Construction (not to exceed) $45,000
Replacement of existing (deteriorated) foundation
Soft Costs (permits, insurance, bonds, sales tax, etc.)
Shoreline Substantial Development, SEPA Check-List,
Building Permit, Demolition Permit $3,085
Phase II —Total Cost $256,358
Phase III—Restoration Completion
Construction/Renovation Budgets
Refinishing of wood floors $2,195
Preparation/Paint of Exterior House $9,645
Interior Paint Work $10,639
Kitchen Cabinets $4,950
Shelving & Counters Workshop $1,485
Second Floor Finishings $9,313
Phase III —Total Cost $389227
TOTAL PROJECT COST PHASE I,II, III 31$ 8,549
Neely / Soames House Renovation
City of Kent Parks and Recreation Department
Statement of Probable Costs (REVISED)
BOYLE •WAGONER ARCHITECTS
August16,1999
Prepared by RL/NE
The following summary represents the probable construction cost for the Neely/Soames House Restoration based on
Design Option 3,as presented in the Predesign Study dated September 18, 1998. The costs are divided into three parts
to clarify the components of the proposed project.
Part 1: House Renovation Includes itemized costs for renovation work to the main portion of the
house,and the demolition of the existing non-historic garage.
Pan 2 New Workshop Construction Includes itemized costs for the construction of a new workshop,
similar in form to the 1890s garage,in place of the existing garage.
The costs are summarized as follows:
S/SF
Probable Cost-Part l: House Renovation 1680 SF) S101,836 S61
Probable Cost-Part 2: Workshop Construction 240 SF) S68,424 $285
Total Probable Cost(1920 SF) S170 260 S89
Costs by Division:
SUMMARY of COSTS for PROJECT
SUBTOTAL %of Pro'.
DIV I -GENERAL CONDITIONS S28,943 20,57%
DIN' 2-SITEWORK S12,825 9.11%
DIV 3-CONCRETE S5,800 4.12%
DIV 4- MASONRY(not used) SO 0.00%
DIV 5-METALS S1,502 1.07%
DIV 6-WOOD& PLASTICS $40.834 29.02%
DIV_-THERMALMOISTURE PROTECTION 55,743 4,08%
DIV 8-DOORS&WINDOWS S10,932 7.77%
DIV 9- FINISHES SS,754 6.22%
DIN 10-SPECIALTIES 51,000 0.71%
DIV 12-APPLIANCES SO 0.00%
DIV 15-NIECHANICAL 522,100 15.71%
DIV 16-ELECTRICAL S16,350 11.62%
Subtotal 5154,782
10%Design Contingency ' 315,47,8
Construction Cost`• S 170.260
The contingency noted is for items not fully defined or qualified.
" Sales taxes,permit and design fees.and construction contingency and project administration costs are not included in this
estimate. In addition to the construction costs,the Owner should assume the additional costs of items to be provided by
the Owner.i.e.,equipment,exhibits,furnishings,and a construction contingency to cover unforeseen conditions and
construction changes. Hazardous materials abatement,seismic analysis,printing of bid documents.construction contingency
maintenance costs.fire protection systems-security systems.or any other site work beyond the footprint of the building are not
included.
Bid Documents indicate six Additive Alternates as follows:
:I Construction of new casework in kitchen S4,950.00
#2 Application of new finishes at building exterior S9,645.63
-3 Application of new finishes at building interior S 10,639
94 Refinish wood flooring at Meeting Room $2,195
35 Construct new casework at new Workshop $1,485
'6 Inclusion of all work at the Second Floor S9,313
Page I of I
Construction/Renovation Budget
Phase III Construction Completion
Cabinet Work - $4,950.00
Labor, materials for first floor Kitchen
Refinish Wood Floors $2,195.00
Labor, materials for wood floors/first floor
Prep. & Paint Work $9,645.63
Labor, materials, exterior siding, trim, exterior doors, windows,
gutters, downspouts.
Interior Paint Work $10,639.00
Labor, materials, ceiling, walls, doors, interior trim, and
windows/first floor.
Shelving & Counters $1,485.00
Labor, materials, shelving, counters/new workshop— first floor
Second Floor Finishes $9,313.00
Labor, materials, insulated piping, radiators, electrical
rough-in/finish, light fixtures.
TOTAL Request $38,227.63
2000 King County Landmarks&Heritage Cultural Facilities Program
7. Project Budget continued
B. PROJECT INCOME (Capital Sources) Projected Check if you Amount
Income have applied Confirmed
1. Applicant's Contribution
2. Corporations (identify)
$ ❑ $
3. Foundations (identify)
Master Gardener Foundation of King County $ 1,000 ❑ $ 1,000
S ❑ $
4. Government (including federal, regional, and
local agencies)
City of Kent Capital Project Fund $ 184,492 ❑ $ 184,492
Capital Projects for Washington Heritage—Grant $ 76,366 ❑ $ 76,366
$ ❑ $
5. Individual Donors
Board: $ $
Others: $ $
6. Other (describe)
Weisman Design/Des Moines Garden Club $ 1,040 ❑ $ 1,040
Garden/Grounds Restoration Donors—Phase I $ 17,424 ❑ $ 17,424
$ ❑ $
$ ❑ $
7. AMOUNT REQUESTED FROM
KING COUNTY CULTURAL
FACILITIES PROGRAM $ 38,227
8. Total Projected Income $ 318,549
9. Total Funds Confirmed $ 280,322
Projected Income(#8)should equal Cash Expenses(#9)reported on previous page.
Page 10
CiVy of Kent, Washington 2000PREUMINARYBUDGET
PARKS DEPARTMENT
SUMMARY BUDGET ANALYSIS
1998 1999 YTD 2000 Budget Budget
Actual Budget 9f30/99 Recommended Change$ Change %
REVENUE
Intergovernmental Revenue 31,255 35,702 13,679 (35,702) (100.0)
Services& Charges 999,787 996,062 861,278 1,052,768 56,706 5.7
Miscellaneous Revenues 857,136 695,286 666,431 740,524 45.238 6.5
Transfers& Other Non Reven 574,809 511,506 52,380 609,979 98,473 19.3
Total Revenues 2,462,988 2,238,556 1.593,768 2,403,271 164,715 7.4
EXPENDITURES BY PROGRAM
Parks Administration 603,781 742,111 527,296 721.067 (21.044) (2.8)
Parks Planning 292,184 273,311 179,300 245,323 (27,988) (10.2)
Senior Center 1.165,111 1,001,216 816,000 994,421 (6,795) (0.7)
Adult Day Care 44,245 44,912 32,054 44.232 (680) (1.5)
Recreation 1,616,579 1,638,590 1,220,379 1,668,001 29,411 1.8
Aquatics Recreation 39,552 50,336 38,483 57,448 7,112 14.1
Rec/Cultural Program 231,398 227.341 148,951 252.999 25,658 11.3
Parks Maintenance 2,235,506 2,479,142 1,988,355 2,513,475 34,333 1.4
Pks Mnt Payroll Clrg (85,803)
Arts Commission 95,671 142.180 84,852 147,965 5,785 4.1
City Arts Program 140,255 155,044 19,306 146,174 (8,870) (5.7)
Canterbury Faire 35.568 52,527 37,545 53,699 1,172 2.2
Balloon ClassidSplash 19,677 36.781 24,256 30,316 (6,465) (17.6)
Cultural Arts Prog 285,873 316,364 200,530 307,683 (8,681) (2.7)
International Festival 11,660 12,085 425 3.6
Specialized Recreat 325,647 339.157 237,884 386,957 47,800 14.1
Camps 143,046 157,507 123,371 161,087 3,580 2.3
Youth/Teen Programs 535,737 537,018 393,093 553.467 16,449 3.1
Sub total Expenditures 7,809,830 8.205,197 5,985.852 8,296,399 91,202 1.1
Parks Maint-Reimb (22,605) (18,834) (15,096) (19.399) (565) 3.0
Net Expenditures 7,787,225 8,186,363 5.970.756 8,277,000 90,637 1.1
EXPENDITURES BY OBJECT
Salaries 3,411,000 3,729.221 2,753.703 3,860.738 131,517 -3.5
Benefits 867,659 1,026,551 695,562 1.043,172 16,621 1.6
Supplies 430,385 496,487 356,129 493,052 (3,435) (0.7)
Services& Charges 2,942,102 2,833,903 2,162,657 2,790,460 (43,443) (1.5)
Transfers Out 121,255 101,035 98,977 (2,058) (2.0)
Capital Outlay 37,429 18,000 17.801 10.000 (8,000) (44-4)
Sub total Expenditures 7,809,830 8,205,197 5,985.852 8,296.399 91,202 1.1
Cost Allocation (22,605) (18,834) (15,445) (19,399) (565) 3.0
Net Expenditures 7,787,225 8,186,363 5,970,407 8,277,000 90,637 1.1
11Q
2000 King County Landmarks&Heritage Cultural Facilities Program
Operating Budget NOTE: Report operational/program activities only;exclude capital projects.
Budget information should be for the organization that will operate the facility.
ACTUAL ACTUAL CURRENT BUDGET NEXT YEAR
1997198 199811999 199912000 200012001
Operating Expenses:
Permanent Personnel
1.Heritage
2. Technical
3. Administrative
4. Education and/or Outreach
Temporary Personnel
5. Heritage
6. Technical
7. Administrative
8. Education and/or Outreach
9. Exhibition I Programmatic expenses
10. Marketing 1 Promotion expenses
11. Fundraising expenses
12. Education and/or Outreach expenses
13. Occupancy expenses(mortgagelrentlutilities)
14. Travel and Transportation
15. Administrative Expenses
16. SUBTOTAL
17. Depreciation(if applicable)
18, In-Kind expenses(=In-kind income)
19. TOTAL OPERATING EXPENSES
Earned Income
20. Admission
21. Membership Dues
22. Classes/ Workshops/Lectures
23. Concession Sales I Rental I Leases
24. Interest&Earnings(savings,reserves,etc.)
25. Other Earned Income
26. TOTAL EARNED INCOME
27. Earned income percentage
28. EARNINGS GAP
Contributed Income
29. IMLS or other Federal Government
30. Wash.Commission for the Humanities
31, Other State Government
32, King County Landmarks&Heritage
33, Other County Government
34. City Government
35. Corporations
36, Foundations
37. Individuals
38. Benefits/Fundraising Events
Other contributions
39. a.
40. b.
41. SUBTOTAL CONTRIBUTED INCOME
42. IN-KIND CONTRIBUTIONS
43. GRAND TOTAL INCOME
44. SURPLUS (OR DEFICIT)
45. OTHER"INTER-FUND"TRANSFERS
46. SURPLUS IOR DEFICIT)AFTER
Total Liabilities&Net Assets-beo.of Year
Total Liabilities&Net Assets-end of year
Page I I
2000 King County Landmarks&Heritage Cultural Facilities Program
8. Operating Budget, continued
B. Operating Budget Notes. If budget figures demonstrate an increase or decrease of more than 10%from the
previous year in any category,please briefly explain the reason for the change. Indicate the line number and year
with each note. Ifyou have budget items that you think require additional clarification,you may also use this space
to provide that additional information.
Line Number / Year Note
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2000 King County Landmarks& Heritage Cultural Facilities Program
Application Checklist
Application One original and 10 double sided copies, three-hole punched. Please clip together rather than stapling.
Illustrations(NEW For 2000) You may attach up to four 8 `/2 xl 1 or two 1 lxl7 pages to your copies of the
application. Any illustration pages should also be three hole punched. The purpose of these illustrations is to help
reviewers better visualize your project. Consider using these pages to show plans and elevations for new
construction, including site plans and/or images of a building or equipment proposed for purchase or restoration.
Attachments Include two sets of attachments with your original application unless otherwise noted.
Check the attachments you have included below and label each attachment with the indicated letter.
Required for Facility and Fixed Asset Applications
X A. List of board of directors, including professional affiliations and length of service
X B. Resumes for key project participant identified in question 2.E
❑ C. If non-profit organization, copy of IRS determination letter
X D. Independent financial review, compilation, or audit for the most recently completed fiscal year
X E. Long Range Plan (not required forfred asset requests tender $10,000)
Required for Facility Applications
X F. Copy of currently lease (if renovating leased facility) or statement of ownership interest in real
property (list all loans secured by the property and all liens and other encumbrances).
Required for Fixed Assets Applications
❑ G. 10 copies of the itemized list of assets proposed for acquisition. Please attach a copy of
Exhibit G to each copy of the application submitted.
Optional
X H. Evidence of Community Support(i.e. letters, agreements)
X I. Architectural Plans/Schematic Drawings/Restoration Plans
❑ J. Planning Studies/Fundraising Plans/Statement of Need
K. Collection Manage ment/Conservation Policies and Plans
(for fixed assets applications related to these activities)
❑ L. Exhibition and Interpretive Plans(for projects related to these activities).
Signatures
Each signatory declares that she or he is an authorized official of the applicant organization or individual
representative, is authorized to makes this application, and will assure that any funds received as a result of this
application are used only for the purposes set forth herein.
IA A4ZS��
A. Presi o the Board of Dir ors
B. rg nization residento 1rs xecutive Director*
*If the organization does not have a director on staff, a second member of the
Board with fiscal authority should provide the second signature.
Page 13
EXHIBIT B
King County Office of Cultural Resources
2000 Heritage Cultural Facilities Program
Public Benefit Considerations for the City of Kent /Neely Soames House
To ensure that the citizens of the region receive real economic value in consideration for the
funding to rehabilitated the Neely Soames House for use as a public facility with an emphasis
on heritage gardening, the City of Kent, ("Contractor") shall be obligated to provide
substantial benefits to the public(the "Public Service Obligations"). The Public Service
Obligations consist of the "Useful Life Obligations," set forth in Section I below, and the
"Quantifiable Public Benefits" obligations, set forth in Section 11 below.
Section L• Useful Life Obligations. Contractor agrees to undertake the following public
benefit requirements for the duration of the useful life of the facility being constructed
pursuant to this contract:
A. Contractor shall operate and maintain the Neely Soames House constructed pursuant to
this contract for the public good;
B. Contractor shall establish reasonable hours of operation for the Neely Soames that shall
be accessible to the public;
C. Contractor shall conduct business as a high-quality heritage organization worthy of public
confidence and pride;
D. Contractor will pro-actively implement maintenance projects maximize the operating life
of the facility constructed pursuant to this contract.
E. Contractor shall, as reasonable and appropriate, affirmatively provide programs,
performances, exhibition and/or educational opportunities for residents of diverse cultural
and ethnic backgrounds and recruit audiences, staff and board members reflecting the
ethnic and cultural diversity of the region.
Section 11: Quantifiable Public Benefits obligations. Contractor agrees to provide the
following quantifiable public benefits valued at $12,667 over a 10 year period:
A. Free Admissions: Contractor will establish hours of operation for the Neely Soames
House and Garden which are accessible to the public. Admission to garden during these
hours will be free of charge or by voluntary donation only. Since the garden is not fenced
or regularly staffed, Contractor will not be required to keep track of the number of
visitors.
B. Reduced Rental Fees for Non-Profit Organizations: The Master Gardeners of South
King County will have their offices in the building free of charge. The Master Gardeners
and the Des Moines Garden Club will provide heritage gardening programs, activities,
and technical assistance for the community. Additional meeting space in the home will
be made available for use by both for-profit and non-profit entities. The Contractor will
establish a rental fee schedule with both a market rate and a reduced rate and/or free-use
Public Benefit Considerations
City of Kent/Neely Soames House
Contract #D28671D
Page 2
policy for non-profit organizations. The difference between the market rate and the
actual fee the Association charges a non-profit organization will be considered a
Quantifiable Public Benefit. Contractor will maintain records of the rental use of this
space to document rentals at the market rate, non-profit rate, and any rentals provided free
of charge.
C. The Quantifiable Public Benefit for this contract is $12,667, with a goal of$1,267 per
year for the 10 year public benefit period. With regard to the Quantifiable Public
Benefit identified above, at the completion of this first reporting year, and every year
thereafter, the parties will review the annual report to determine if Contractor is in
substantial compliance with the Quantifiable Public Benefits obligations. The County
shall determine whether the Contractor has substantially complied with its
Quantifiable Public Benefits obligations. If the Contractor is not in substantial
compliance, the County will notify the Contractor in writing and the Contractor shall
be obligated to propose, for County approval, a new mix of Quantifiable Public
Benefits in order to satisfy the public benefit obligation of$1,267 in services
provided; such County approval will not be unreasonably withheld.
CITY OF �Q]J�JSV JS
i
Jim White, Mayor
December 5, 1997
King County Procurement Services Division
Department of Finance
620 King County Administration Bldg
500 Fourth Avenue
Seattle, WA 98104
Re: Personnel Inventory Report
To Whom It May Concern:
The City of Kent is a municipality employing 604 regular employees as of the pay period
ending 9/15/97. A number of our employees are represented by the AFSCME Local 2617,
TEAMSTER Local 117, IAFF Local 1747, and the Kent Police Officers Association.
The City's EEO data with refere,lice. tc ;c Categories is maintained in accordance with the
EEOC's EEO-4 reporting requirements. The City does not have information on additional
breakdowns of categories as specified by your form. For example, the City categorizes the
maintenance, manual labor and service job categories as one category called
Service/Maintenance. The City does not have the Skilled Craft category listed by
classification. In addition, because the City provides public safety protection to the citizens
of Kent, all uniformed Police and Fire personnel are categorized in the Protective Services
category.
If I can be of further assistance in regards to the City's employee EEO information, please
feel free to contact me at (253) 859-6832.
Sincerely,
Anh Hoang
Human Resources Analyst
Exhibit C
Personnel Inventory Report U KingC°unty
Procurement Services Division
Department of Finance
620 IGng County Administration Bldg.
500 Fourth Avenue
Seattle,WA 98104
Revised (206)296-4210 FAX(206)296-4211—
08/97 TTDNOICE 296-0100
http:/Avww.metrokc.gov
Legal name of business p,, ,-f Telephone No.
dba (if applicable)
Street address 2�20 ---e;kI+t�1-2 �7 u 2L}
City X-.per --�- State 1A A Zip Code q -2,2
DO ANY OF YOUR EMPLOYEES BELONG TO A UNION AND/OR DO YOU USE AN EMPLOYEE REFERRAL AGENCY?
YES C NO If yes,list the unions and/or employee referral agencies with whom you have agreements:
Imcd 11 !74
f you expect` to d more thin 0 000 WA of public(construction)work, or more than$25,000 worth of business with Fling
County,the unions or employee referral agencies must submit a statement of compliance with King County Code Chapter
12.16.
DO YOU HAVE ANY EMPLOYEES? YES�NC . If yes, list on the Employment Data Chart below the total number
of employees for all businesses located in (1) King County. If none, fist the total number of employees for all businesses
located in (2)Washington State. If none, list the total number of employees for all businesses located in the (3) United States.
Employment Data Whites African Asians Native Hispanics Disabled Minority Disabled
Americans Americans Sub-Total Sub-Total
Job Categories M F M F M F M F M F M F M F M F
Managerial 4 I 9 O
Professional 7 4 2 2 S 3
Technical 2-7
Clerical 4 raz I ► D D .4 2
ExeWvO-sefes Z i
maLoj+j Service 43 -7 2 C7 0 0 0 0 0 0 2 0
sotlb� Labor I S 1 3 Cb 2
On-Job Trainees
Apprentice
'Skilled Craft 3 3. p Cj ,3' p = p`- 4:� D..
Sub-Total b$(oA 1011
'Journey worker. List by classification on reverse, e.g., carpenter,,plumber, etc.
Total number of Employees Reported Above: 604 (If no employees, write CO").)
This report.covers Business Location(s) in (circle one): [Kmg County, Washington State, Other States] for the Payroll Period
ending (MONTH/DAY/YEAR):
IRS Employer Identification 'Nlumber. I — (Q Do I a S�
Submitted by. �t A H I-1 Ofkw Title:iij(A MMI'f t�ltZ ANM I e: !2I S�e(7
name(o/rnt or Noe*
Exhibit D
Affidavit antCertificate of Compliance
With King County Code Chapter 12.16, Discrimination and Affirmative Action in
Employment by Contractors, Subcontractors and Vendors.
r T•'V nF Krn�r
Company Name:
STATE OF WASHINGTON
3. Statement from Union or Worker Referral Agency: This
SS statement affirms that the signee's organization has no practices
and policies which discriminate on the basis of race, color, creed,
COUNTY OF KING religion, sex, age, marital status, sexual orientation, nationality or
the presence of any sensory, mental or physical disability.
The undersigned, being first duly sworn, on oath states on behalf of
the Contractor as follows: The information required in this section shall be submitted on forms
provided by the County unless otherwise specified.
Definition: 'Contractor' shall mean any contractor, vendor or
consultant who supplies goods and/or services. 'Contract'shall mean F. Subcontractors: For public work projects and contracts over
any contract, purchase order or agreement with King County $10,000, the prime contractor shall be required to submit to the
Government, hereinafter called the County. County, along with its qualifying documents under this chapter,
employment profiles, Affidavits of Compliance Reports and Union
A. Contractor recognizes that discrimination in employment is Statements from its subcontractors in the same manner as these
prohibited by federal, state and local laws. Contractor recognizes are required of the prime contractor. Reporting requirements of the
that in addition to refraining from discrimination, affirmative action is prime contractor during the contract period will apply equally to all
required to provide equal employment opportunity. Contractor further subcontractors.
recognizes that this affidavit establishes minimum requirements for
affirmative action and implements the basic nondiscrimination G. Employment Goals for Minorities,Women and Persons with
provisions of the general contract specfications as applied to service, Disabilities: Employment goals shall be established for two industry
ccnsultant and vendor contracts exceeding $25,006, or public work categories, i.e., construction contractors and vendorlservice
contracts exceeding $10,000. Contractor herein agrees that this contractors, using a mufti-factor availability analysis.
affidavit is incorporated as an addendum to its general contract, and
recognizes that failure to comp,'y with these requirements may 1. Construction contractor and subcontractor performance: Goal
constitute grounds for application of sanctions as set forth in the attainment is based on the total hours of employment as determined
general specifications. King County Code Chapter 12.16 and this by the monthly utilization reports.
affidavit, PROVIDED FURTHER, that in lieu of the affidavit, the
Executive may accept a statement pledging adherence to an existing 2. Consultant and vendor/service contractor performance: Goal
contractor affirmative action plan where the provisions of the plan attainment is based on the total number of employees as determined
are found by the Executive to substantially fulfill the requirements of by Personnel Inventory Reports.
this chapter.
H. Alternative Goal Option: Contractors may establish goals in-
B. Contractor shall give notice to their supervisors and employees dependently if they believe the King County goals are not applicable
of the requirements for affirmative action to be undertaken prior to to their specific situation. Contractors who secure King County's
the commencement of work. assent in pursuing this option•must use a multi-factor analysis with
methodology and data sources approved by the County.
C. This person has been designated to represent the Contractor
and to be responsible for securing compliance with and for reporting I. Underrepresentation of Minorities, Women and Disabled
on the affirmative actions taken: Persons: Underrepresentation of minorities, women and disabled
persons will' not be teemed a per se violation of King County Code
AUTHORIZED AFFIRMATIVE ACTION REPRESENTATIVE Chapter 12.16 where a contractor's employment statistics
LO-- — t i ?le demonstrate that minorities, women and disabled persons are
NAME: underrepresented in its workforce in relationship to the county
employment goals. The burden will be on the contractor to show
D. Contractor will cooperate fully with the M/WBE and Contract that the minimum affirmative action measures set forth below have
Compliance Division and appropriate County agents while making been met and that a reasonable 'good faith' affirmative action plan
every reasonable 'good faith' effort to comply with the affirmative in compliance with this chapter has been pursued.
action and nondiscrimination requirements set forth in this sworn
statement and in King County Code Chapter 12.16. J. Minimum Affirmative Action Measures:Contractor agrees that
failure to implement and/or maintain reasonable 'good faith' efforts
Reports. The Contractor agrees to complete and submit with to achieve the County employment goals will constitute a breach of
this affidavit such additional reports and records that may be this agreement The evaluation of a contractor's compliance with
necessary to determine compliance with the affidavit and to confer this chapter shag be based upon the contractor's effort to achieve
Mth the MWBE and Contract Compliance Division staff at such times maximum results from its affirmative action program. The contractor
as the County shall deem necessary. The information required by shag document these efforts and shag implement affirmative action
3iis chapter includes but is not gmted to the following reports and steps at least as extensive as the following:
:ecords:
e,Ole, y. Policy Dissemination: internal and external dissemination of
1. Personnel Inventory Report This report >ppall inelmje ,lic tie'contractor'e equal employment opportunity policy, posting of
oreakdown of the employer's workbrce showing rare, ¢ender, and, ridodscrimination policies and of the requirements of this chapter on
iisability status. � o bogeiin boards dearly visible to all employees; notification to each
/ u vAbcontractor, labor union or representative of workers with which
2. Monthly Utilization Report This report shall apgly-to`ppbNy� a'dere is a collective bargaining agreement or other contract,
York contractors and subcontractors and shall provide:the nwnbe� -subcontract, or understanding of the contractor's under this chapter,
if hours of employment for minority, women and disabled employees'. inclusion of the equal opportun' oil in advertisinet
2. Recruiting:Adoption of recruitment procedures desigr .n increase the county-sponsored training prograri_ on relevent areas of affamative action
representation of women, minorities and disabled persons in the pool of and equal employment opporhnity.
applicants for employment; including, but not limited to establishing and
maintaining a current W of minority,women and disabled recruitment sources, Where a cont-actor's employment statistics demonstrate that minorities,
providing these sources written notification of employment opportnities and women and disabled persons are underrepresented,failure to follow any
advertising vacant positions in newspapers and periodicals which have minority, of the requirements of Paragraph J(1-10)shall be prima facie evidence
female and/or disabled readership. of noncompliance with this agreement.
3. Self-Assessment and Test Validation: Review of all employment policies K Contractor agrees in all its employment policies and practices to refrain
and procedures, including review of tests, hiring and training practices and from discrimination agaistany person on the basis of race,color,creed,religion,
policies, performing evaluations, seniority policies and practices, job national origin,sex,age, marital status, sexual orientation,ortne presence of
classifications and job assignments, to assure that they do not discriminate any mental,physical or sensory dsablities, including but net h-uted to hiring,
against, or have a discriminatory impact on, minorities,women and disabled frog,layoff,promotion or demotion,job assignment,wages,a.•%d other terns
persons:validation of all tests and other selection requirements where there is and conditions of state and local rules, laws or ordinances and regulations
an obligation to do so understate or federal law. regarding any such discrimination.
4. Record of Referrals:Maintain cunentfile of application of each minority, L Contractor agrees to provide reasonable access upon request to the
woman and disabled applicant or referral for employment indicating what action premises of all places of business and employment,relative to work undertaken
was taken with respect to each such individual and the reasons therefore. in this contract,and to records,files,information and employees in connection
contact these people when an opening exists for which they may be qualified. therewith, to the MMBE and Contract Compliance Division or agent for
Names may be removed from the file after twelve rrnNhs have elapsed from purposes of reviewing compliance with the provisions of this affidavit and agrees
Jvir last application or referral. to cooperate in any compliance review.
5. Notice to Unions: Provide notice to labor unions of the contractors M. Shard tr±e MMlBE C^^-<c Cx-ptia Divslon :d,coon compla r>4
nondiscrimination and affirmative action obligations pursuant to Kng County investigation or review,the Contractor not to be in good faith compliance with
-ode Chapter l Z 16. contractors shall also notify the Kng County Executive if the provisbns contained in this affidavit,it shall notify the County and contractor
labor unions fail to comply with the nondiscrimination or affirmative provisions. in writing of the finding fully describing the basis of noncompliance. Contractor
may request withdrawal of such notice of noncompliance at such time as the
5. Supervisors:Ensure that all supervisory personnel understand and are compliance office has notified in writing the contractor and the County that the
directed to adhere to and implement the nondiscrimination and affirmative action noncompliance has been resolved.
obligations of the contractor under this chapter. Such direction shall include,
out not be irnited to,adherence to,and achievement of,affimnati a action prices N. The contractor agrees that any violation of the specific provisions of this
n performance appraisals cf supervisory personnel. chapter and of any tern of fie affidavit of compliance required herein,including
reporting regniernents,shall be damned a violation of Kng County Code Chapter
7. Employee Training: Develop on-the-job training opportunities which 12.16.Any such violation shall be further deemed a breach of a material provision
expressly include minorities,women and disabled persons. of the contract between the County and the contractor. Such breach shall be
grounds for implen>antation of any sanctions provided for in this chapter,
3. Responsible Person: Designate an employee who shall have including but not limited to,cancellation,termination or suspension,in whole or
-esponsibuTrty for implementation of the contractors affirmative action measures. in part,of the contractor by the County,liquidated damages;or csqualification
of the contactor PROVIDED,that the implementation cif any sanctions is subject
3. Progress Reporting: Prepare as part of the affirmative action plan an to the notce and hearing provisions of Kng County Code Chapter 12.16.110.
analysis and report on the progress made toward eliminating the
inderrepresentabon of women, minorities and persons with disabilities in the O. Contractor recognizes that it is bound by all provision of Kong County
contractors workforce on an annual basis. Code Chapter 1Z16 and acknowledges receipt of a copy thereof.
10. Contractor Training: In addition, contractors who do not meet
amployment goals for women,minorities and persons with disabilities and who
do not have appproved affirmative action measures may be required to attend
VALID ONLY IF NOTARIZED
DESIGNATED CONTRACTOR: City of Kent
comwry Nrrr
ADDRESS: 220 4th Avenue South Kent '.'ashincton °': n
street coy sew J Zo
AUTHORIZED SIGNER: �iLl(/ Sunt. Plannincr & Dev.
—4 swr.e.. row
NAME Lori Fleprm PHONE: 27;9_rigq-)
Type or Prig
SUBSCRIBED AND SWORN TO before me O RECEDED BY:
this_ , days 19 �Q '�G�';➢1o$AN�s
' : + OTA :.Z^ ova cor.,n Dow
j rr Notary RON:h\rrnE brlM SdOrr d L to Z,
residling ate-��" .w� li Jl1i ``,o f• .cN� ,�