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.
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® 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:
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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
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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.
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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
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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
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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
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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.
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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.
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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.
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Page 10
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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
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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
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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
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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.
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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
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OFFICE USE BELOW THIS LINE
Request for Payment form(Page 1 of 2)
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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
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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
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Page 18
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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
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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.
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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:
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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.
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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.
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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.
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IN WITNESS, the parties below have executed this Amendment, which will
become effective on the last date written below.
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CONSULTANT/VENDOR: CITY OF KENT:
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By: By:
(signature) (signature)
Print Name: Print Name:
Its Its
(title) (title)
DATE: DATE:
APPROVED AS TO FORM:
(applicable if Mayor's signature required)
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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.
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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+
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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.
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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.
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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.
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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.
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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
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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.
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EEO COMPLIANCE DOCUMENTS - 2
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Page 37
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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:
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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
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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.
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EXHIBITS: Staff Report
BUDGET IMPACTS: None
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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
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To: Parks and Human Services Committee
From: Katherin Johnson
CC: Jeff Watling, Parks Recreation and Community Services Director
Oriana Pon, Human Services Commission Chair
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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)
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2013 2013
Allocation $853,404; , w$886,SOO s
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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.
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