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HomeMy WebLinkAboutCity Council Committees - Parks and Human Services - 06/21/2012 (3) KENT Parks and Human Services Committee Agenda Councilmembers: Deborah Ranniger, Chair • Elizabeth Albertson • Dana Ralph June 21, 2012 5:00 p.m. Item Description Action Speaker Min. Paoe 1. Meeting Minutes dated May 17, 2012 Yes Council 05 01 - Approve 2. King Conservation District Grant Yes Victoria 05 05 Agreement for EarthCorps Services - Andrews Approve 3. BergerABAM Agreement Amendment Yes Brian 05 21 for Lake Fenwick Project - Authorize Levenhagen 4. Sports Install West Agreement for Yes Garin Lee 05 25 Wilson Playfield Project - Authorize 5. Human Services Funding Strategy - No Merina 10 39 INFO ONLY Hanson / Oriana Pon Unless otherwise noted, the Parks Committee meets the 3rd Thursday of each month at 5:00 p.m. in Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032- 5895. For information, please contact the Parks, Recreation and Human Services Department at (253) 856-5100. Any person requiring a disability accommodation should contact the City Clerk's Office at (253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. Page 1 ® Parks and Human Services Meeting Minutes . Hiuc-o� May 17, 2012 Wns Call to order: Debbie Ranniger called the meeting to order at: 5:04 p.m. Council Present: Chair Debbie Ranniger, Dana Ralph, Elizabeth Albertson Item No. 1: Minutes of April 19, 2012 Elizabeth Albertson moved to approve the Parks and Human Services meeting minutes dated April 19, 2012. Dana Ralph seconded. The motion passed 3-0. Item No 2• Demolition and Asbestos Abatement Agreement for Matinjussi Property - Authorize Park Planner Brian Levenhagen explained that the proposed contract is to demolish the house and out buildings and complete asbestos abatement at the Matinjussi property located in the Panther Lake Annexation area. This work needs to be completed by the end of June to qualify for the reimbursement through the RCO grant that we received to acquire the Matinjussi property. Dana Ralph moved to recommend council authorize the mayor to sign the contract with Russ Lloyd Clearing & Demolition to demolish the house and out buildings and complete asbestos abatement on the Matinjussi Property in Panther Lake area for a total of $28,416.00, plus WSST, subject to approval by the City Attorney and Parks Director. Elizabeth Albertson seconded. The motion passed 3-0. Item No 3• Division Update: Adaptive Recreation - INFO ONLY Superintendent of Recreation and Cultural Services, Lori Hogan, introduced the staff of Adaptive Recreation to showcase programs and services. Lori reported that they have are a leader across the state in serving people with developmental and physical disabilities. Julie Stangle, Manager of Youth/Teen and Adaptive Recreation Programs and Lara Hosford, Inclusion Coordinator started the presentation with the newly formed Kent Parks Cheerleaders performing a cheer. Julie and Lara gave an overview of the program's history, and outlined the services in Adaptive Recreation: Page 1 Page 2 Statement of Inclusion • Everyone in the City of Kent community shall have the opportunity to equally '.., participate in, benefit from, and enjoy the parks and recreation programs and facilities. Our mission is dedicated to enriching the lives of all persons participating in Kent Parks, Recreation and Community Services. Program History • The program started in 1973 with the Kent School District. In 1984 parents wanted a social program and the Sunshine Club began. In 1986, The Resource Center building on Meeker became the new home for Adaptive Recreation and Youth/Teen programs and services. In 2010, the Resource Center was closed due to budget cuts and Adaptive Recreation programs and Youth/Teen programs were moved over to Kent Commons. • In 1997 Lara Hosford, Inclusion Coordinator, came on in a cooperative job funded by Highline Community College. • We value and respect people, their uniqueness, their interests and their contributions. Social • 98% of participants "strongly agree" and "agree" that overall these programs brings quality to their lives. Sports Activities • Basketball Cycling • Track • Golf • Bowling • Cheer • Swimming • T-ball • Softball • Tennis Health and Fitness • Teen Lunch Bunch • Adult Basic Cooking • Flexi Fit and Fun • Karate • Zumba Page 2 Page 3 Creative Arts • Creative Art Space Community Outings • Community Exploration • Trips and Tour • Monday Adventures Community Resources and Partners • Kent School District • M.S. (Multiple Sclerosis) Support Group • NAMI (National Alliance on Mental Illness) South King County • TOP (The Outreach Program) • Children's Therapy Center • Special Olympics • Parents • Highline Community College • Volunteers Issues and Challenges • State budget cuts impacts mental health, DDD funding and respite care services • Communication within DDD/ADA system • Transportation - Access routes cut Sponsorships and Collaborations • Individual sponsors Employee recycling • Quota International • Kiwanis Club • Kent Parks Foundation • Outreach Programs • Interns Council members spoke of how impressed they are with the adaptive recreation services and programs. Jeff commended staff on their focus of delivering great services during budget challenges. Steve White, a teacher at TOP spoke of the benefits of the adaptive recreation programs, introducing Tyler Talcot, a TOP technology student. Tyler's video, "Adaptive Recreation at a Glance" was presented, which showcased Adaptive Recreation programs. i Page 3 Page 4 i Item No. 4: Director's Report - INFO ONLY • At the Junior Olympics event last weekend, 26 schools and 1,250 students participated. Next year will be the 50`" year anniversary. • The new landscape plantings at the entry of Service Club Ballfields is complete and looks great. • The recently renovated bowl area at Earthworks Park looks great. The restoration has helped with the drainage issue. • Saturday, June 2 is the Bike Tour and Inaugural Ride beginning at Earthworks Park, funded through a National Endowments for the Arts (NEA) grant. • Parks Infrastructure group is working on prioritizing projects for the next Ad Hoc meeting. The meeting adjourned at 5:45 p.m. Submitted by, Twi�etwo�e Teri Petrole Council Committee Secretary Page 4 Page 5 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 4^k® Fax: 253-856-6050 KEN WASry,NGT O Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 June 21, 2012 TO: Kent City Council Parks and Human Services Committee FROM: Victoria L. Andrews, Parks Planning & Development THROUGH: Jeff Watling, Director Parks, Recreation and Community Services I SUBJECT: King Conservation District Grant Agreement for EarthCorps Services - Approve MOTION: Move to recommend Council accept the $6,650.00 in grant funds from King Conservation District to contract with EarthCorps for services at Earthworks Park and approve the expenditure of funds in the General Fund Budget. SUMMARY: Staff applied for and received a "King County Wild Places in City Spaces" grant of $6,650.00 to continue restoration work at Earthworks Park. The work is part of the overall Green Kent Initiative to restore urban forestry by utilizing a contracted crew to remove invasive plants from the hillside and stream bank. Volunteers will then replant with 300 native species similar to those presently found growing at the site and the crew will return to spread cardboard and mulch. EXHIBITS: King Conservation Grant Agreement BUDGET IMPACTS: General Fund Budget I Page 6 Page 7 i AGREEMENT BETWEEN THE CITY OF KENT PARKS, RECREATION & COMMUNTY SERVICES AND KING COUNTY MAY 1, 2012 TO DECEMBER 31, 2012 This is an Agreement between the City of Kent Parks,Recreation & Communty Services, hereinafter the"RECIPIENT", and King County, a political subdivision of the state of Washington,hereinafter the "COUNTY",entered on May 1,2012., The purpose of this Agreement is to set forth the terns, conditions and the legal and administrative relations that apply to the RECIPIENT in exchange for financial assistance in carrying out a proposed project entitled Mill Creek Canyon/Earthworks Park Restoration,hereinafter the "PROJECT". Section 1. Background and Recitals: A. Recipient description: The mission of Kent Parks, Recreation& Community Services is: "Dedicated to enriching lives." B. Legal status: Washington municipal corporation State of incorporation: NA C. Proposed PROJECT: The project area at Earthworks Park is the hillside and riparian corridor of a salmon-bearing stream. EarthCorks has already cut"survival rings" around roughly 300 mature trees to remove English ivy. For this project,they will remove invasive plants from the hillside floor and streambank.EarthCorps and Parks staff will then work with volunteers to replant and mulch the same native species presently growing at the site. D. Recipient experience in carrying out the PROJECT. Public land is managed by the city of Kent. The Parks Department staff includes seven certified arborists as well as credentialed project managers experienced in natural resource improvement and volunteer management. The Public Works Department includes environmental conservationists and engineers,wetland biologists and site managers. Earthworks Park is a unique landmark co-managed by both departments. E. This award is made in accordance with one or more of the funding authorities described in Exhibit G of this agreement. F. As determined by King County,this PROJECT will improve and protect the natural resources of King County and adjoining areas where applicable. G. The County plans and proposes to remunerate the RECIPIENT for the purpose described in Subsection C above in an amount up to,but not exceeding$6,650 (The"AWARD"), provided that the RECIPIENT also contributes to this PROJECT a cash and in-kind match valued at$6,740 and verified according to the Terns and Conditions below. Page 8 Section 2. Terms and Conditions: A. The PROJECT shall be in accordance with the Scope of Work attached hereto as Exhibit A with such modifications as may be approved by the Division Director of Water and Land Resources Division in the COUNTY's Department of Natural Resources and Parks. (' B. The COUNTY will, upon execution of this Agreement,establish procedures to allow payment to the RECIPIENT of all eligible expenses up to limit of the AWARD. C. The RECIPIENT shall be responsible for making a request for payment not more frequently than once every three months but not less frequently than every s,ix'{nonths starting with the effective date of this Agreement. The first request shall be no more Mfil alf of the amount of the Award. The final request shall be no less than one fifth of the alriount of the Award.Each request shall be presented in the format shown in Exhibit E of this AgMement(the Request for Payment and Task Summary form). It will include allowable reimbursable costs and/or an advance,unless such an advance is prohibited in this Agreement The Ttisk Summary is"a summary of the PROJECT progress to date as well as any future work described in the Scope of Work(Exhibit A of this Agreement). D. Failure to submit the aforementioned request for,payment Acid report on the PROJECT progress within any seven month period may because for°the CONY to terminate this agreement for non-performance. E. Costs eligible for payment shall include thosceosts identified in the and incurred during the effective dates of this Agreement. F. Any and all activities to be funded by this Agreement to the-RECIPIENT shall be completed by December 31, 2012. G. Final payment shall be made on condition that the RECIPIENT submits the following documents no later than January 31,2013 a A Wrttte`.'t Final Report documenting the successful completion of the PROJECT according to the Scope`oF Work(Exhibit A of this Agreement). The written final report shall also include,but riot be limited to, the following attachments as they apply: i. Outreach materiaIs such as handouts, brochures, posters,newspaper clippings; ii. Any otherPrinted materials created for the PROJECT or about it; nt;,_ Documents such as site plans, plant lists,publications, reports, analyses and other ttems that illustrate the successful completion of the PROJECT; ry icturesofthePROJECT. b. A completed;fthibit F of this Agreement(FI: Programmatic Close-Out& F2: Financial Cld Lit), accounting for all PROJECT costs including all cash and/or in-kind match itemized in the Budget. H. Failure to provide the aforementioned documentation may result in the forfeiture of part or all amounts due to the RECIPIENT. I. The RECIPIENT shall also return any money remaining from the COUNTY's disbursement by January 31,2013. i Page 2 of 13 Page 9 J. The RECIPIENT agrees to acknowledge the COUNTY in all publications and signage that have been produced as part of the PROJECT described herein as well as in press releases,public service announcements, on posters,flyers and in electronic postings such as"home pages". The RECIPIENT will use the wording provided in Exhibit C of this Agreement and Credit and Disclaimers as provided in Scope of Work(Exhibit A,Task 4 of this Agreement). K. Other conditions governing this award: N/A Section 3. Leeal and Administrative Relations: A. The RECIPIENT shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principles and to meet the requirements of all-applicable state and Federal laws. The RECIPIENT shall maintain and subtriit to;the COUNTY any such records as the COUNTY may require to conduct any audit.of tfig PROJECT it may elect to conduct or to substantiate expenditures submitted for paymaut o>the COUNTY The RECIPIENT shall maintain and retain books and records related,,(p the Agreement for dflgast three years after the termination of said Agreement. B. The COUNTY's financial assistance to the RECIPIENT shallbe construed by the parties as a special disbursement to the RECIPIENT to fund actvltlos,a"s described herein that generally benefit the COUNTY's efforts to protgc�t environmental resources. It shall not be construed as a contract for services between the RECIPIENT and the CO TY. C. The RECIPIENT shall be solely responsible for the recruiting, ttaining and supervision of its employees and volunteers.,:,Individuals red and paid'by the RECIPIENT shall not, in any event, be construed to' , employes of,or contr,'aetors to, the COUNTY and the RECIPIENT shall indemni and ftold harmless th'e COUN 1 Y frgi any and all claims arising from any contention that said individuals axe employees of, or coht'aetors to,the COUNTY. D. The RECIPIENT agrees to igdemnify, defend attd.-}old harmless the COUNTY, its agents, officers offietdl�":and employees from all claims"idleged liability,damages, suits, losses, costs to or damage to;property allegedly resulting from the operation of the or death of persoi1 RECIPIENT or any of i'ts,employees_under this Agreement. E. Nothing this Agreement shall be construed as prohibiting the RECIPIENT from undertaking or assisting projects developed outside the purview of this Agreement, or entering into agreements with other pact 6 to undertake said projects in accordance with whatever terms and conditions may be agreed ti , etweeu the RECIPIENT and other parties. F. The COUNTY shall U'e under no obligation to continue this Agreement and may request partial or full reimbursement of payments it made to the RECIPIENT should the RECIPIENT fail to perform according to the Terms and Conditions of this Agreement, whether or not failure to perform is within the RECIPIENT's control. G. This Agreement may be amended at any time by written concurrence of the parties and will terminate upon fulfillment of all obligations contained herein. H. Either party may terminate this Agreement with a thirty day written notice. The RECIPIENT shall return any unused portion of the funds paid and/or advanced for all expenses incurred up to the day of termination of this Agreement as provided in Section 2, Subsection B. Page 3 of 13 Page 10 I I. Invalidity or unenforceability of one or more provisions of this Agreement shall not affect any other provision of this Agreement. J. This Agreement is approved as to form by the King County Prosecuting Attorney. K. This Agreement can be executed in counterparts. L. The parties have executed this Agreement as of the date first written above. THE, CITY OF KENT PARKS, RECREATION& COMMUNTY SERVICES by: Signature: Recipient printed name&title: Jeff Watling, Pa ks Rector Date: KING COUNTY by: Y Signature: Date: Mark Isaacson, Division Director, Water and Land Rr sources Division King County Departmett of Natural Resourg and Parks II i Page 4 of 13 Page 11 i EXHIBIT A: SCOPE OF WORD TASKS DATES When is task being completed? TASK 1 a) Submit a letter of commitment stating the nature of the support from your main project partners. b) Submit copies of award letters or other appropriate verification for cash and in-kind contributions greater than$1,000.00. TASK 2 Project Work Plan SUB-TASK OUTCOME TOTAL SHARE OF -_... AWARD FUNDS A. Approval of Staff will prepare memos for the Parks Committee and City April 2012 financial Council outlining the project's scope of w0'[k'and requesting commitment of approval of funds, project funds B. Prepare and Staff will send contract to EarthCorps for 4 days of crew time at $¢,650 May 2012 execute Earthworks Park, concentrating on the hillside and riparian buffer, contract plus project management to coordinate volunteer eventrCrew days to be scheduled between June 29 and Nov 15 2012. See Scope of Work fors ecifics�.on work to be done C. Reserve plants Staff will contact the nursery technician to reserve 300 native May 2012 from city species of the type found growing at the park Technician will nursery maintain plants until needed. D. Order wood Staff will contact Rainier Wood Products I>arpirlito Brothers or T2012 er chips other vendor fuel or similar wood chJp5 Mote;this may be an in kind contri6utio depending on ch 4 Supply of chips when needed. E. Order/pick up Staff will contact SheeXs Unlimited to reserve 300 large sheets of October cardboard cardboard forpick-u 'i"y maintenance staff. 2012 F. Prepare Once volunteer planting event date is determined, staff will create December promotional and distribute a registration flyerto volunteer list of 1,000+. Press 2012 materials for releasg,social media, city and Green Kent websites will promote media and the project volunteers,;, Staff will submit report to fenders and field tracking data to follow up Forterra TASK 3 State all required project perrrlifs and authorizations(including right of access)as follows: Permits/ Name of permit fssuer, recipient,purpose and inclusive dates. If no permits or authorizations permission .are required sui "" state mentto that effect. if a rmd applicable) No es or autt d:°Izations are re uired. TASK 4 As part of your project deliverables,provide a plan of how, where and when April 2012 Credits this grantwill be acknowledged and Fall The grant will be acknowledged at televised Parks Committee and City Council 2012 meetings, on the Parks recognition page of the city's website and on the Forterra-maintained Green Kent webiste. Flyers send to 1,000+individuals and groups plus a press release will acknowledge the funding source. TASKS Submit a final report and the financial closeout documentation. Cannot be later December Final re ort than 30 days after the end date of the pro 2012 Page 5 of 13 Page 12 � i EXHIBIT B: BUDGET BASIS FOR BASIS FOR GRANT CALCULATION AND CALCULATION AND SOURCE OF BUDGET ITEM REQUEST BREAKDOWN MATCH BREAKDOWN MATCH IN- CASH KIND Hourly rates for volunteer coordination, park planner,public works nursery '..technician,maintenance Salaries&benefits $5,140 worker&supervisor City of Kent Freelance workers and consultants Sub $5,-A4b'' City of Kent, Sheets Project supplies, Estlma#ed,Value of 300 Unlimited, materials and plants,60Q k eets Rainier Wood 1,600.. cardboard 5p ds mulch Products equipment $ ',.<.. Commercial 1,077/day X 5 days services(e.g,, plus applig6le- printing,backhoeing) $6,650 overhead and taz;;y„ Transportation Office expenses - (broken down unless requesting a blanket ` overhead rate) Real estate- related costs Other costs I, Sub ,$6,650 $5,140 $1,600 Grand Total -=$6';650 $5,140 $1,600 Page 6 of 13 Page 13 EXHIBIT C: CREDIT AND DISCLAIMERS FOR THE KING COUNTY FUNDED PROJECTS a King County • Official Logo Dimensions Requirements: contact your grant administrator. The above logo must be included on all documents,brochures, flyers, newsletters, newspaper advertising and etc. • Logo Location on Printed Materials: on the inside title cover of g6"bund documents or at the back of a brochure, at the end of a document or bottom right of an interP, Lud'panel, a poster or a flyer the following credit. ,.. This project is funded in part by a King County Department of Natural Resources and Parks Wild Places in City Spaces grant. • For items where opinions or advice or a list of organizations or businesses are.included in the n rote retivc:.'aril a guidebook,and a directory) introduction or in the body of the document(e.g., a „ rp � , add the disclaimer sentence: The content herein does not constitute an endorsement by KingCounty government, its employees, and its elected and a ointed officials • Grant Exchange Web Page: http://Nvww kiingpounty gob nvironmefit/grants-and-awards/grant- exchange.aspx • Permanent and Announcement Sign age: Signage must have the King County Department of Natural Resources and Parks and Grant Funding source logos.plong with appropriate text,if applicable.Please contact Grant Exchange for the,jpg, g1f and/or word logo files. i Page 7 of 13 Page 14 EDIT E INVOICE #1 KING COUNTY DEPARTMENT OF NATURAL RESOURCES AND PARKS WATER AND LAND RESOURCES DIVISION REQUEST FOR PAYMENT Remit to: City of Kent,Attn: Parks Planning & Development, 220 4th Ave. S., Kent, WA 98032 DATE from to End date for this'Ofant is: December 31,2012 Make sure to fill the Task Summary related to thls'req est on the back of this page BUDGETED PRIOR TAIs BALANCE OF DIISCRYPTION AMOUNTS REQUESTS Q = 'T AWARD (Describe here and refer to attached REQU FROM support information) AGREEMENT BUDGET Paid staff Contract workers/ $6,650.00 consultants Supplies& equipment Purchased services Travel IndirectXX Real estate-related Other Costs TOTAL As an authorized representative ofthc above named recipient and to the best of my knowledge,I represent that this request for payment is true and accurate and reflects costs incurred by the recipre carrying out the project named above for those planned or completed activities summarized onttrc back of this form Signature ofprep=f, - .. Date Return completed i4 to n Ken Pritchard King CouPd}"SVater and Laud Resort ces Division King Street Center 201 S.Jackson St Suite 606$eallle,WA 98104 i OFFICE USE BELOW THIS LINE Request for Payment form(Page 1 of 2) Page 8 of 13 Page 15 TASK SUMMARIES (FROM SCOPE OF WORK) ACTIVITIES PLANNED OR CARRIED OUT WITH THIS REQUEST TASK ACTIVITIES TO BE PAID IN DATE % (taken from Exhibit A: Scope THIS REQUEST ACTIVITIES COMPLE- of Work) TOOK/WILL TED TAKE;PLACE I.Letter of commitment N/A 6/8/12 stating the nature of support from project partners. 2.A.Approval of financial Memos for Law,Parks Committed commitment of project and City Council outlining funds project's scope of work an& requesting approval of fiends. Agreement w.King Cor.tiilalized 2.13. Prepare and execute City and EartliCorps 5t�ff met 7/10/12 contract 5/31/12 at the site to f;#talize restoration sites and best locations lil for volunteers to plant. Cq,ttract and scope gFwork finalized with EarthCor S. 2.C. Reserve plants from Staff contk&d nurserytechnicran ;41/16/12 city nursery. on 6/4/12 to reserve 300 native species of the type found growing at the,park. She will ma in' plants until needed 2.D. Order wood chips Staff requested 50 yd5 of chips be 11/9/12 reserved for this projoet.rm 6/4/12, but if none 'are left for after. volunteer planting event favarly November,will purchase. 2.E. Ord&/plek up Staff to contact Sheets Unlimited 11/2/12 cardboard to reserve 300-400 sheets of cardboard for pick-up by maintenance staff. 2.F. Prepare promotional Volnnmer planting event date in 10/12/12, materials for media and early;November: staff will 12/21/12 volunteers. Submit report to':: create/distribute registration flyer, funder, field tracking data press release, and use social report Forterra. media,website, etc.to promote event. Request for Payment form Page 2 of 2 Page 9 of 13 Page 16 EXHIBIT F: CLOSE-OUT REPORT Recipient City of Kent Parks,Recreation & Community Services Project Mill Creek Canon/Earthworks Park Restoration Time Period of this PROJECT July—December 2012 Total Award $6,650 Amount due at Close-Out $6,650 FI: PROGRAMMATIC CLOSE-OUT Checklist Previously Attached Missing Submitted Letter(s) of Commitment from Ivey partners` r r 4 f Written Final Report, documenting the successful completion of the PROJECT according to the EXHIBIT A SCOPE OF WORK&TIMELINE in your agledment The `�f _ report shall include,but not luntted to,the following: NO attachments as they avvly. :r' ra 1. Report Narrative 2. Outreach Materials, such'as:handouts, brochures, posters,newspaper clippings press releases, and web age screen hard co ies 3. Copie f bf Printed Materials, created for the PROJECT or about it &/or•other items that illustrate the successfid cant' ion of the PROJ1 CT 4. Copies of pictures, film,vidWPower oint presentation in Cl),DVD, email.&/or documentation presenting your PROJECT, if applicable ii Page 10 of 13 i Page 17 F2: FINANCIAL CLOSE-OUT Checklist Previously Attached Missing Submitted EXHIBIT E: REQUEST FOR PAYMENT, completed for final remittance amount. EXHIBIT F: CLOSE OUT REPORT, including attached receipts &/or auditable accounting detail (may include: ledger- based copies, cancel checks, &payroll records),both cash and in-kind match documentation(backup). PROVISIONS By signing this Financial CLOSEOUT, Jeff Watline, an authorikd representative of the above named award recipient(RECIPIENT), confirm that I have examinedthe information contained herein and that,to the best of my knowledge, it is a true and accurate account of all the financial expenses and in-kind contributions incurred by the above named project in the,coul se of fulfilling the conditions of the AGREEMENT between RECIPIENT a.0 King County(COUNTI), dated I hereby acknowledge that there are no further expenses a veiated with this project, nor any pending or future claims to the COUNTY and that the COUNTY is not liable for any expenses not documented in Attachment B (Budget)bftlle AGREEMENT. I undersuh that the RECIPIENT is fully bound by the provisions of the AGREEMENT including,but not limited to,the return of COUNTY funds that are unspent or whose spending is unsubstantiated according to the Terms of the AGREEMENT, and the right to examine records. I further understand that the COUNTY, upon examining this Financial CLOSEOUT and the Final Report submitted by the RECIPIENT will determine the amount of the balance due to the RECIPIENT. SIGNED DATE Page 11 of 13 Page 18 I Item Grant Budget Grant Grant Cash match Cash Match in-kind match In-kind Actual Balance proposed Actual proposed Match Actual Remaining 1-Paid staff $5,140 2-Contract $6,650 workers/consultants 3-Sub of Lines 1& $6,650 2 4-Supplies and equipment 5-Purchased services (e.g., printing, excavation) 6-Travel 7-Indirect costs (rent,utilities, etc.) 8-Real estate related costs 9-Other costs 10-TOTAL I Page 12 of 13 I, Page 19 EXHIBIT G: FUNDING AUTHORITY Wild Places in City Space, Urban Reforestation and Habitat Restoration(URHR): The COUNTY, administers the Urban Reforestation and Habitat Restoration Fund, a First Tier fiord established by King County Ordinance 11193 for the purpose of funding urban reforestation and habitat restoration project in the Urban Growth Area of King County. i l Page 13 of 13 Page 20 Page 21 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 • Fax: 253-856-6050 KENT W 45 HA NG 7 0 N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 June 21, 2012 TO: Kent City Council Parks and Human Services Committee FROM: Brian Levenhagen, Park Planner THROUGH: Jeff Watling, Director Parks, Recreation and Community Services SUBJECT: BergerABAM Agreement Amendment for Lake Fenwick Project - Authorize MOTION: Move to recommend Council authorize the Mayor to sign Amendment Number Nine with BergerABAM for additional design services on the Lake Fenwick Floating Walkway Project, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. SUMMARY: The floating walkway at Lake Fenwick Park is vital to the functionality of the park because it connects the bulkhead area and the East Ridge trail with the boat launch. In recent years the rotting and sinking of the walkway has begun to accelerate. The original contract initiated design for a new Lake Fenwick Floating Walkway in the same footprint as the original that gave the city needed flexibility due to budget uncertainties. This amendment, in the amount of $29,989.00, picks up where the design work stopped and completes the permitting process. This will allow the parks department to move forward with this time sensitive work, replacing the existing structures as soon as funding becomes available. EXHIBITS: Agreement Amendment Number Nine BUDGET IMPACTS: Lake Fenwick Budget Page 22 g� p��H^ Page 23 CA I V ® Ali wos rio.IN AMENDMENT e 9 NAME OF CONSULTANT OR VENDOR: BergerABAM CONTRACT NAME & PROJECT NUMBER: Lake Fenwick Floating Dock ORIGINAL AGREEMENT DATE: 6/15/2009 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: i Obtain geotechnical information for and design of the moorage system, completion of construction documents and extension of the schedule to allow completion of the additional scope. Federal, State and local permitting will be completed by the City and BergerABAM will provide figures suitable for the permit applications. Work will be completed as described in Exhibit "A" consultant's proposal. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $29,700 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $29,700 including all previous amendments Current Amendment Sum $29,989 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $56,689 AMENDMENT - 1 OF 2 Page 24 Original Time for Completion July9,2009 (insert date) Revised Time for Completion under July 31, 2012 prior Amendments (insert date) Add'I Days Required (f) for this 365 calendar days Amendment Revised Time for Completion July 31,2013 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. I All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. i The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. i IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. I CONSULTANT/VENDOR: CITY OF KENT: i By: By: (signature) (signature) Print Name: Print Name: Its Its (title) (title) DATE: DATE: APPROVED AS TO FORM: (applicable if Mayor's signature required) I Kent Law Department [In this field,you may enter the electronic tllepath where the rontraR has been sa,etl[ AMENDMENT - 2 OF 2 Page 25 L, PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 ® Fax: 253-856-6050 WASH�NGT O Address: 220 Fourth Avenue S. '.. Kent, WA. 98032-5895 June 21, 2012 TO: Kent City Council Parks and Human Services Committee FROM: Garin Lee, Park Operations Superintendant THROUGH: Jeff Watling, Director Parks, Recreation and Community Services SUBJECT: Sports Install West Agreement for Wilson Playfield Maintenance Repairs Project - Authorize MOTION: Move to recommend Council authorize the Mayor to sign the agreement with Sports Install West for $29,689.40, plus Washington State Sales Tax, to complete maintenance repairs at Wilson Playfield, subject to review and approval by the City Attorney and the Parks Director. I SUMMARY: This contract will address projects at Wilson Playfields including: repair areas of settling in the perimeter track, replace the synthetic turf worn from use, located at the north field soccer goal and south field pitching area, and replace the infield soil home plate area in the north field with synthetic turf. EXHIBITS: Public Works Agreement BUDGET IMPACTS: Parks Capital Budget - Park Lifecycle Page 26 Page 27 GIY ■ ' wns"iHc.�r+ i PUBLIC WORKS AGREEMENT between City of (Cent and Sport Install West THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Sport Install West organized under the laws of the State of Washington, located and doing business at 17823 162nd Ave. SE, Renton, WA (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Scope of Work: Including prevailing wages. equipment. moblization, materials, and supplies. (1) Repair turf at upper field SB mound R8' circle, level sub base, reinstall existing rubber trays. (2) Level surface at sunken grades adjacent to vault on East edge of track and adjacent to fence at North edge of track, install new track material. (3) Romove and replace synthetic turf in soccer 6 yard box on the south end of the lower field including lines. (4) Replace dirt home plate area at lower field with synthetic turf (remove concrete curb and match existing site work). Note: Replacement turf shall not exceed 175 on gmax test upon installation. Conditions: Sport Install West shall have sole access to area during renovation, as described in the Scope of Services attached and incorporated as Exhibit A. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, the Contractor shall complete the work described in Section I by August 3, 2012. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed Twenty Nine Thousand, Six Hundred Eighty Nine and 40/100, ($29,689.40), plus Washington State Sales Tax, including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the Contractor fifty percent (50%) of the PUBLIC WORKS AGREEMENT - 1 (Over$1OK, under$35K, and No Performance Bond) Page 28 Contract amount upon completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this Agreement. A. No Payment and Performance Bond. Because this contract, including applicable sales tax, is less than $35,000, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a payment and performance bond, has elected to have the owner retain the final fifty percent (50%) of the Contract amount for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor 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 Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. C. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. 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 Contractor 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 Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. PUBLIC WORKS AGREEMENT - 2 (Over$10K, under$35K, and No Performance Bond) Page 29 � D. The Contractor 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 Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change PUBLIC WORKS AGREEMENT - 3 (Over$10K, under$35K, and No Performance Bond) Page 30 increases or decreases the Contractor'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 Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change j order that is accepted by Contractor 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. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor 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 Contractor 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 Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor'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 following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 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 Contractor is asserting a schedule change or disruption. B. Records. The Contractor 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 Contractor's records needed for evaluating the protest. PUBLIC WORKS AGREEMENT - 4 (Over $10K, under$35K, and No Performance Bond) Page 31 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. i C. Contractor's Duty to Complete Protested Work. In spite of any claim, the is Contractor 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 Contractor 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 Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR 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 CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the City a one-year warranty bond in a form and amount acceptable to the City. The Contractor 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 parts are repaired or replaced, 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 Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor 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. XII. INDEMNIFICATION. Contractor 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 PUBLIC WORKS AGREEMENT - 5 (Over$1OK, under$35K, and No Performance Bond) Page 32 connection with the Contractor'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 Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24,115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'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 Contractor 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 Contractor's part, then Contractor 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 Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor 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. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor 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 Contractor's own risk, and Contractor 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. XV. MISCELLANEOUS PROVISIONS. I A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. PUBLIC WORKS AGREEMENT - 6 (Over $10K, under$35K, and No Performance Bond) Page 33 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 XII 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 Contractor. 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 Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. - PUBLIC WORKS AGREEMENT - 7 (Over$10K, under$35K, and No Performance Bond) Page 34 I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Kevin Dorney Garin Lee, Superintendent Sport Install West City of Kent 17823 162"d Ave. SE, 220 Fourth Avenue South Renton,WA 98058 Kent, WA 98032 (253) 856-5131 (telephone) (425)687-1560 (telephone) (253) 856-6120 (facsimile) (425)663-8300 (facsimile) APPROVED AS TO FORM: Kent Law Department I PUBLIC WORKS AGREEMENT - 8 (Over$IOK, under$35K, and No Performance Bond) Page 35 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. I 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. I By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 20_. - By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 I Page 36 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. i i I EEO COMPLIANCE DOCUMENTS - 2 I I Page 37 I CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. 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 20 By: For: Title: Date: i I EEO COMPLIANCE DOCUMENTS - 3 Page 38 Page 39 CITY OF KENT PARKS, RECREATION &COMMUNITY SERVICES ® Jeff Watling, Director 220 41h Avenue South WASH NG70N Kent, WA 98032 PHONE: 253-856-5100, #5 TO: Kent City Council Parks and Human Services Committee FROM: Merina Hanson, Human Services Supervisor Katherin Johnson, Manager Housing and Human Services i THROUGH: Jeff Watling, Director j SUBJECT: Human Services Funding Strategy - INFO ONLY [MO7TIOIN- No:ne, informational only. SUMMARY: The Human Services Commission has spent many months researching and reviewing other funding strategies and settled upon a per capita approach as the best option to consistently fund housing and human services . Merina Hanson, Housing and Human Services Senior Coordinator, will present current and projected human service allocations and brief the committee on the proposed ordinance to revise the funding allocation. The draft Ordinance is currently being reviewed in the City Attorney's office and will be available at the meeting. i EXHIBITS: Staff Report BUDGET IMPACTS: None i i Page 40 Page 41 CITY OF KENT PARKS, RECREATION &COMMUNITY SERVICES HOUSING AND HUMAN SERVICES Katherin Johnson, Manager nue South KE2204 Kent th e NT WA 93032 WASH IN�STTOM Fax: 253-856-6070 PHONE: 253-856-5070 _ I I To: Parks and Human Services Committee From: Katherin Johnson CC: Jeff Watling, Parks Recreation and Community Services Director Oriana Pon, Human Services Commission Chair i Merina Hanson, Senior Human Services Planner Date: May 31, 2012 Re: Human Services Funding Strategy History: In 2011, for the 2012 budget Human Services requested a budget adjustment of $95,000.00 due to a significant decrease in the human services 1% funding allocation. At that time staff reported that the Human Services Commission would be working on the development of a new funding strategy to be presented to Council in 2012. The Human Services Commission has spent many months researching and reviewing other funding strategies and settled upon a per capita approach as the best option. At its highest the human services fund was $9,30 per capita. The current allocation is $7.01 per capita. Based on the baseline budget projection for 2013 the per capita rate would drop to $6.08. A number of factors caused the significant decrease in funding available through the 1% Human Services Fund including the recession, formation of the Regional Fire Authority and the addition of approximately 25,000 residents through annexation. The following chart illustrates the funding trends over a ten year period. 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 592 173 604 725 663 049 698 565 773 661 821 869 821 869 828 643 828 643 718 846 84 560 84 920 85,650 86,660 86,980 88,380 88,380 118,200 118 200 118 200 $7.00 $7.12 $7.74 $8.06 $8.89 $9.30 $9.30 $7.01 $7.01 6.08 The Human Services Commission is proposing a $7.22 per capita funding rate in 2013 and $7.50 in 2014 with a CPI escalator increase every funding cycle commencing in 2015. The CPI will not exceed 3% or drop below 0% and will be applied against the former years per capita rate. Using a per capita funding model eliminates the significant swings in funding levels caused by the economy. Human Services Commission Appointments Page 42 November 8, 2011 Human Service Funding j (Based on Per Capita) L 2013 2013 Allocation $853,404; , w$886,SOO s I + I ' Rate $7.22 $7.50 Attached is a draft copy of the proposed ordinance. Staff will also be briefing the Operations Committee before seeking Committee action. 1- �I I i I 0 Page 2