HomeMy WebLinkAboutCity Council Committees - Parks and Human Services - 01/16/2014 (3) KENT
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Parks and Human Services Committee Agenda
Councilmembers: Deborah Ranniger, Chair • Dennis Higgins • Ken Sharp
January 16, 2014 - 5:00 p.m.
Item Description Action Speaker Minutes Page
1. Minutes dated November 21, 2013 - YES Council n/a 01
Approve
2. Green Kent Partnership — Agreement NO Jeff Watling 05 07
with Forterra - INFO ONLY
3. 2014 Major Work Items — INFO ONLY NO Jeff Watling 15 21
4. Director's Report — INFO ONLY NO Jeff Watling 10 23
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.
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 Committee
Meeting Minutes for November 21, 2013
Council Members Present: Chair Debbie Ranniger, Elizabeth Albertson, Dana
Ralph
Chair Ranniger called the meeting to order at 5: 03 p.m.
Item 1: Minutes of October 17, 2013 — Approve
MOTION: Committee member Albertson moved to approve the minutes
dated October 17, 2013. Chair Ralph seconded. The motion passed 3-0.
Item 2: Department of Natural Resources Tree City USA Grant for Campus
Park - Accent
Hope Gibson, Manager of Parks Planning and Development, announced that staff
applied for a reimbursement grant from the Washington Department of Natural
Resources (DNR) open only to Tree City USA cities. The funds will be used to
purchase, plant, and maintain 32 mature trees at Campus Park, a 16.5-acre park,
located behind French Field. Campus Park has undergone dramatic changes since
the Green Kent Partnership began, largely thanks to Eagle Scout projects and two
trained volunteer stewards who teach at adjacent Kent-Meridian High School. The
park is in need of larger trees to provide species diversity and shade to keep
invasives from regenerating. The trees must be planted by December 31, 2013.
MOTION: Ralph moved to recommend Council accept the Department of
Natural Resources Tree City USA Planting Grant for Campus Park in the
amount of $2,104.00 and approve the expenditure of funds in the Green
Kent Partnership Budget. Albertson seconded. The motion passed 3-0.
Item 3: King Conservation District Grant Agreement for Green Kent
Partnership — Authorize
Gibson stated that staff applied for and received a $54,086 grant from the King
Conservation District to continue implementation of the Green Kent Partnership for
2014. Specifically, this grant will fund: $27,367 for the Green Kent Steward lead, a
Green River Natural Resources intern and allowable mileage reimbursement,
$13,594 for regional support through Forterra, $9,000 for contracted crew time,
and $4,125 to offset a portion of the Special Programs Manager's time overseeing
the project.
Watling commented on the great partnership between the three agencies.
MOTION: Albertson moved to recommend Council accept the $54,086.00
grant from the King Conservation District, authorize the Mayor to sign the
grant agreement and approve the expenditure of funds in the Green Kent
Partnership budget. Ralph seconded. The motion passed 3-0.
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Item 4: The Kent Lions Donations - Accept
Jeff Watling, Director of Parks, Recreation and Community Services, announced
that 2013 marks the 75th Anniversary for the Kent Lions. At the dinner and social
on November 2, the Kent Lions presented the city with three grant award checks
totaling $85,000.
Lea Bishop, Manager of the Senior Center attended the meeting to share that Kent
Lions came to staff and asked what they needed for the senior program. Staff had
been interested in the "New Step" recumbent exerciser for some time. Bishop
explained that the machine is good for strength and cardio, and because the user is
seated, it works really well for the seniors who have a hard time standing. The New
Step was delivered about a week ago and it's already a very popular piece of
equipment at the Senior Center.
Watling said the second $5,000 donation goes to the Access to Recreation
Scholarship program and represents about 200 scholarships that will be funded.
The last check for $75,000 is dedicated to the Parks Planning and Development
division to fund a parks renovation project. Staff will work with the Kent Lions on a
few options and let them have some say in where that investment will go within the
Capital Budget.
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Ranniger complimented the Kent Lions on how much they contribute to the
community in events such as the Saturday Market, Kent Cornucopia Days and
W i nterfest.
Ralph moved to recommend Council accept the $85,000 in donations from
The Kent Lions and approve the expenditure of funds in the following
budgets; $5,000 in the Senior Center Budget, $5,000 in the Recreation
Scholarship Budget and $75,000 in the Parks Planning and Development
Lifecycle Budget. Albertson seconded. The motion passed 3-0.
Item 5• Riverbend Golf Complex Update - INFO ONLY
Watling spoke of the September Parks Committee and the committee member's
questions regarding the options presented on how to resolve the golf fund issues at
Riverbend. To recap, the city seeks to resolve three issues within the golf fund;
repaying the $2.3M Golf Fund debt, reinvestment of capital funding, and becoming
more operational sustainable. Three options were discussed to achieve that goal.
Two options involved remaining as an enterprise - one looked at outsourcing
management and the other re-sizing the operation. The third option was
transitioning Riverbend into the General Fund.
After discussion, staff was given the direction by council to research how effective
these options are and what some of the tradeoffs would be that pertain to each
option. At the conclusion of the discussion, it was the desire of council to take a
closer look at the resizing option. In reducing the size of the complex the
operational footprint would be reduced and proceeds from the sale would pay off
the debt, fund capital improvements, and address operational needs. One of the
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areas staff looked at to reduce the size of the golf course was selling the Par 3.
More information was requested to see what it could be sold for, what it could be
re-purposed for, and is there interest in the development community.
Big conversations also occurred at the public meetings, centering on how Riverbend
would remain an all ages, all abilities municipal golf course, as well as grow our
customer base. One of the questions that came out of the public feedback was, why
the Par 3? When looking at the revenue coming into the golf complex, the Par 3
represents about 10% of our revenue, the 18-hole represents 48% and the driving
range about 40% of revenue collected. So, from a disruption of revenue standpoint,
selling the Par 3 is something to consider. Another question was, why not consider
selling a portion of the 18-hole course? The answer to that is, not only would it be a
revenue disruption, but it is also difficult and expensive to carve out 9 holes on a
contiguous space such as the 18-hole course.
If the city was to consider selling the Par 3, options to consider for mitigating that
impact would be that we own the property on the east side of the driving range.
That site could be turned into an area attractive to all ages and abilities.
Specifically, it could be developed with three Par 3 holes that have varying lengths
and various tees that would represent a good variety of lengths and distances for
beginners and seniors. That same area could also provide a practice bunker, putting
green, and chipping green.
On the 18-hole side of the golf course, to ensure accessibility to all ages and
abilities, a new tee box could be created, in line with the national program called
"Tee it Forward." It involves a fifth tee box that's placed way forward into the
fairway. This would greatly reduce the length of the holes and thereby creating a
new shorter golf experience for seniors, beginners, and families. Discussion also
covered the disadvantages. The disadvantages clearly are a reduction in public
property. What has led us to tonight, is answering the question, is there
commercial interest in this property? If public property is lost, what is the
community gain?
Watling introduced Acting CAO Tom Brubaker who referenced the committee's
request to know how we would move toward selling the property. Brubaker stated
that, about 15 years ago, the impoundment area, south of the main city limits, was
sold to YarrowBay Development. Brubaker was very impressed with Yarrow Bay and
how they possess excellent to work with; fair honest, and reliable they were to
work with. To assist in answering Council's questions about the Riverbend property,
Tom invited YarrowBay to share what they see as a possibility for this property.
Tom assured the committee that YarrowBay does not have an inside track if the
property was to be developed.
Colin Lund of YarrowBay and David Hills from Freiheit & Ho Architects were
introduced. Mr. Lund began by saying how very proud he is of the impoundment
property they purchased from the city that will be developed with housing, parks,
and trails. He said they enjoyed working with the city throughout the process. Mr.
Lund said, as background, YarrowBay is a local company in Kirkland - well
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capitalized and no debt. Their agency approach is community based and they
implement what the community wants. To the question of development interest in
this property - his answer is yes. His firm conducted market analysis and data
research on the area, and they are aware of what the market is worth at this time.
He feels the Par 3 property represents a gateway into Kent and it could incentivize
other development in the area. He senses that the west end of Kent needs some
identity of its own and this property is a great opportunity to do that.
Mr. Lund provided an initial design concept, representing the potential of how the
property could be developed. As an example, he referred to Juanita Village in
Kirkland which is also a gateway into the west side of the city. Amenities include
apartments, retail, restaurants, and wine bars. Another good representation is The
Riverwalk in Redmond. This development includes park space, residential, and
office space. Its next to the regional trail along the Sammamish River and
represents a lot of the same elements as the Riverbend site.
David Hills spoke of his firm, Freiheit & Ho Architects, an architectural and planning
group out of Kirkland that focuses on place making of residential and commercial
mixed use projects. They were involved in Kent Station and are currently working
on Stadium Place North, a development just north of the Century Link Stadium in
Seattle.
Mr. Hills feels that the Par 3 property affords some unique opportunities with the
surrounding natural resources; the river, the river trail, available recreational
facilities, and the event center. It also has the potential to increase pedestrian
access to all these different points. It introduces the opportunity to provide and
attract mixed use residential, retail, the potential for offices, as well as hotel
properties. There is an opportunity to create active edges along the river,
introducing green space play areas, all while containing a mixed use development.
It would create an anchor to the western end of town and could further lead to the
development of Meeker Street as it leads into town.
Mr. Lund added that the outdoor spaces can be programmed with concerts, movies,
Easter egg hunts, wine tastings, and art walks - any activity that energizes the
spaces and the community. He advises a public/private partnership that will achieve
the best results for both parties. He said to consider what happens beyond the sale,
from programming and theming to being congruent with the city's Comprehensive
Plan. A good partnership will allow for long term value that benefits the city and the
developer. He spoke to connecting all of the elements and activities of the
community.
Albertson commented on the Riverwalk in Portland and how attractive that feature
is for the vitality of the city. She wants to maximize the community value of the
golf complex property.
Brubaker spoke to the importance of the interplay between all the recreational
amenities and making the development interactive.
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Mr. Lund talked about the importance of the design and the components of the
architecture of the buildings. He feels amenities should include retail, patios,
courtyards, public space, restaurants, and housing.
Brubaker spoke to the success of the city's partnerships with developers, such as
with Kent Station and Project Springboard. Adding that the city knows how to work
with developers in complex negotiations, and so that we get the product we want.
Brubaker said, if there is a commitment to sell, staff will come back to council with
the strategy. He invited the Director of Economic Development, Ben Wolters to the
table. Ben stated that, if the council wants to move forward, it will be the same
approach as with Town Square Plaza. A Request for qualifications would be issued
to develop a pool to review. From that pool, 2-3 would be selected and from the
final selection process and competition, a finalist is chosen.
To prepare the property, it needs a complete new set of entitlements. The property
is designated as open space. It would require four different council actions. With all
of the resources in place, it would take approximately 6-8 months to complete. The
Comp Plan would need amending and two different zoning moves need to be
executed. Amending the Comp Plan requires a resolution being passed by Council
And a second resolution would need to be approved by council to speed up the
process for changing the Comp Plan because it's only done in September. An
environmental zoning ordinance would need to be changed to accommodate
limitations set for development along the river, and then the re-zone would need to
be completed.
Chair Ranniger commented that the logical next step is discussion with Council to
discuss the process. She feels it's very intriguing.
Ralph asked how the city can ensure the retail space and housing element is of
quality. Colin responded that it would mean setting the design standards to get a
higher dollar for leases and that lends itself to higher quality.
Ralph also asked who is responsible for the programming at the site. Would the
developer or the city designate? Mr. Lund responded that they've experienced it
both ways. It depends on the public spaces involved, homeowners agreements and
the developer. It depends on how you imbed the rights of public access into the
contract. Watling said, with the public space of the Green River Trail and the
transition to the development, it would have to be worked out within the developer
agreement.
Brubaker complimented YarrowBay on how they handled the development process
with the city. He reiterated that the money from the sale of the golf course would
feed back into the golf course. He referenced the Kent Valley Loop Trail Project and
what an incredible asset the trail is. He feels as it's developed, it will help the
energy. In the long term, if the spine from the west end of Meeker to the downtown
core is energized, it will do a lot for the city. One will help the other.
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Albertson spoke to the quality of market rate units next to rental units. She
reiterated that her wish is not to sell any open space, but if this is the only way to
prop up the other half of the golf course, she hopes that the city ensures whatever
is developed, another gem is created. It needs to add value to the community.
Chair Ranniger commented that it is definitely worth exploring and that it needs to
go to the full Council for discussion on what the potential could be, as well as what
the process will be. She confirmed that no decision has been made.
Item : Director's Report — INFO ONLY
Since November is the last Parks and Human Services Committee meeting of this
year, Watling wished the Council members a Happy Thanksgiving and Happy
Holidays.
On behalf of the Parks, Recreation and Community Services Department, Watling
thanked Elizabeth Albertson for her advocacy of the residents of Kent and her
support over the years as a Human Services Commissioner, and as a member of
the Parks and Human Services Committee.
Committee member Albertson expressed how she has enjoyed being on the
committee and the commission for many years and she will be watching the
progress of projects and services as a resident.
Chair Debbie Ranniger adjourned the meeting at 6:15 p.m.
Respectfully submitted,
Teti. Pvh o{z
Teri Petrole
Council Committee Secretary
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PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling, Director
Phone: 253-856-5100
Fax: 253-856-6050
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
January 16, 2014
TO: Kent City Council Parks and Human Services Committee
FROM: Jeff Watling, Director Parks, Recreation and Community Services
SUBJECT: Green Kent Partnership — Agreement with Forterra - INFO
ONLY
MOTION: INFO ONLY
SUMMARY: Staff first entered into a contract with Forterra in 2010 to develop the 20-
year plan and to help begin implementing the plan. In 2014-2015, Forterra will
continue its function as a regional resource, hosting quarterly forums, quarterly
trainings for Stewards, conducting outreach to support Green Kent Day and hosting a
shared website and calendar.
Forterra staff will also attend Green Kent management team meetings quarterly and
participate in Steward orientations. The $13,594 contract is being underwritten by a
grant from the King Conservation District, which was approved at the November 21,
2013 Parks Committee meeting.
EXHIBITS: Consultant Agreement
YAY: NAY:
BUDGET IMPACTS: Green Kent Budget
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p® Page 9
KEsT
Wna:iixu'ron
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
FOrterr
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Forterra organized under the laws of the State of Washington,
located and doing business at 901 Fifth Avenue, Suite 2200, Seattle, Washington 98164; Teresa
Macaluso (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
See Scope of Work, herein attached as Exhibit A:
Continuing services in support of the Green Kent Partnership
Consultant 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 those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Consultant
shall complete the work described in Section I by February 28, 2015.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Thirteen Thousand, Five Hundred Ninety-four dollars and no cents
($13,594.00), for the services described in this Agreement. This is the maximum
amount to be paid under this Agreement for the work described in Section I above,
and shall not be exceeded without the prior written authorization of the City in the
form of a negotiated and executed amendment to this agreement. The Consultant
agrees that the hourly or flat rate charged by it for its services contracted for herein
shall remain locked at the negotiated rate(s) for a period of one (1) year from the
effective date of this Agreement. The Consultant's billing rates shall be as
delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
CONSULTANT SERVICES AGREEMENT - 1
(Over$10,000)
Page 10
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
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 Consultant 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 Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant 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 Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant's possession pertaining to this project, which may be
used by the City without restriction. If the City's use of Consultant's records or data is not
related to this project, it shall be without liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor 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. Consultant 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.
CONSULTANT SERVICES AGREEMENT - 2
(Over$10,000)
Page 11
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Consultant'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 Consultant'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 Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'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 Consultant 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
Consultant's part, then Consultant 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 Consultant's part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
VIII. INSURANCE. The Consultant 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.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement
shall belong to and become the property of the City. All records submitted by the City to the
Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents,
and files available to the City upon the City's request. The City's use or reuse of any of the
documents, data and files created by Consultant for this project by anyone other than
Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent
contractor with the authority to control and direct the performance and details of the work
authorized under this Agreement, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
CONSULTANT SERVICES AGREEMENT - 3
(Over$10,000)
Page 12
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant 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 Consultant's own risk, and Consultant 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.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section VII 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 Consultant.
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
CONSULTANT SERVICES AGREEMENT - 4
(Over$10,000)
it
Page 13
I
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 Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Consultant's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
I. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT: 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:
CONSULTANT: . CITY OF KENT:
Kory Kramer Victoria Andrews
Forterra City of Kent
901 Fifth Avenue, Suite 2200 220 Fourth Avenue South
Seattle, WA 98164 Kent, WA 98032
(206) 905-6923 (telephone) (253) 856-5113 (telephone)
kkramer@forterra.org vandrews@kentwa.gov
APPROVED AS TO FORM:
Kent Law Department
PAPlanning\Green Kent\Porters\2014\Green Kent 2014-COHrR Mdocx
CONSULTANT SERVICES AGREEMENT 5
(Over$10,000)
Page 14
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.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - i
Page 15I,
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.
EEO COMPLIANCE DOCUMENTS - 2
Page 16
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.
By:
For:
Title:
Date:
i
EEO COMPLIANCE DOCUMENTS - 3
//�- /� ✓ ! ��� of ,/�l Page 1l
EXHIBIT A
Scope of Work: March 2014 — February 2015
Presented to City of Kent; Parks, Recreation, and Community Services
By Forterra, September 2013
40 , ,
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PARTNERSHIP )
Since the 20-Year Park and Natural Area Management Plan was adopted by the Kent City Council in
September 2009, Forterra has closely collaborated with both Parks and Public Works staff to implement
the first phase of the plan (2009-2014). During the first three years of the partnership, implementation
included the creation of volunteer recruitment, management, and tracking methods, the creation and
support of a Green Kent Steward program, and the set-up of an interdepartmental management team
responsible for making progress toward actively managing the 1,344 acres of natural areas in need of
restoration and maintenance by 2029. Through 2012, partnership tasks were divided across Parks,
Public Works and Forterra staff.
As the program became more established, in 2013 City of Kent staff assumed responsibility for the core
tasks necessary to achieve the restoration and community engagement goals laid out in the
management plan. At the same time, Forterra has been working to develop tangible ways to share
resources across the six-city Green Cities Network, resulting in regional benefits that are greater than
the sum of each city's contribution. The City of Kent, while increasing its capacity to operate the
program, sees the value in being connected to the pool of regional resources such as shared trainings
and continuing education for stewards, quarterly topic-based focus groups with Green City program
managers, and leveraged outreach to raise regional awareness of Kent's efforts, recruit for the 2014
annual Green Kent Day, and sign up new contacts who are interested in learning more about the Green
Kent Partnership.
The groundwork for this type of regional resource sharing was laid in 2013 and is in place to continue
providing value to both Green Kent Partnership staff and stewards throughout 2014. Under this
agreement, Forterra will provide the services described below at the rates shown in the table on page 2.
Forterra's Responsibilities and Deliverables
• Green Kent Steward Orientation: Forterra staff will participate in the 2014 Green Kent Steward
orientation, presenting the background behind the Green City Partnerships including Forterra's
regional connection through the Cascade Agenda mission, and providing a sense of the
geographic scope and impact that new Kent stewards will be contributing to by summarizing
regional statistics.
• Quarterly management team regional updates: Forterra staff will attend one Green Kent
management team meeting per quarter to update partnership staff on upcoming training and
education opportunities for Kent stewards across the regional Green Cities Network, and
coordinate any potential grant proposal ideas that will contribute to achieving the Green Kent
Partnership's goals.
• Quarterly educational trainings for Stewards: Forterra will organize and host four continuing
education trainings for Green Kent stewards that will enhance steward knowledge about
restoration best practices, volunteer event management, western Washington ecology, native
plant identification and uses, plant propagation techniques, and/or other practical topics that
could include things like small grant proposal writing and how to engage in the public process.
Page 1 of 2
Page 1
• Maintain regional resource sharing site: Forterra will maintain and update a Green Cities
Network resource-sharing site that will 1. Keep Green Kent staff informed of upcoming steward
and staff trainings being offered in other Green Cities, 2. Provide a place to share helpful
community and urban forestry resources, 3. Provide an updated Green Cities Network directory
of staff contact information and roles where Green Kent staff can connect to help answer
questions or solve problems that other cities may have already experienced, and 4, Provide a
communication platform for Green Kent staff to post questions to other site users.
• Green Cities quarterly focus groups: Forterra will coordinate and host four Green Cities focus
groups to discuss topics important to Green City program managers as voted on by the
managers. These group meetings will rotate across Green Cities.
• Regional Green City Day series outreach support: Forterra will coordinate one regional press
release about the Green City Day fall series that will highlight the efforts of all cities holding an
annual Green City Day. The regional scope of this press release will position Kent's work as part
of a larger effort, providing a broader reach and more awareness. The Green Kent Partnership
will also be included in a Forterra-led outreach project at the 2014 WA State fair in Puyallup. By
sharing costs across six Green Cities, Kent will benefit by having a presence at a regional event,
while not having to bear the entire financial burden of organizing and staffing the booth.
Deliverable Cost Rate
Forterra presents Green Cities background,connection to Cascade
Agenda and regional statistics at Steward Orientation $270 $270/orientation
Attend management team meetings once per quarter to provide
regional update re: upcoming staff and steward training/educational
opportunities and share potential grant proposal ideas $1,080 $270/meeting
Forterra staff to organize logistics and host quarterly educational
trainings for Stewards $5,400 $1,350/training
TBD by training and
Sub-consultant support for quarterly trainings consultant; not to exceed
$600 $600
Green Cities one-hub sharing site; maintained with upcoming regional
trainings available to Green Kent staff and Stewards, relevant shared
resources as they become available, and updated Network directory $2,860 $238.33/month
Four Green Cities focus groups,to be held quarterly with topics
determined by city partner input $1,000 $250/focus group
*$600/booth
coordination
Annual Green Cities Day series outreach support: one regional press
•$
release,coordinate booth at WA State Fair, 12 hrs. Forterra staff time regional press
at booth for Green Kent Partnership release
•$90/hr. staff time for
$2,230 outreach
Travel budget $154 $0.555/mile
TOTAL $13,594
Page 2 of 2
Page 19
XHIBIT
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be written
on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide
contractual liability coverage.
Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01. The City shall be named as
an Additional Insured under the Consultant's Commercial
General Liability insurance policy with respect to the work
performed for the City using ISO additional insured
endorsement CG 20 10 11 85 or a substitute endorsement
providing equivalent coverage.
2. Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of
$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with
limits no less than $1,000,000 each occurrence, $2,000,000
general aggregate.
!
Page 20
EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the Consultant and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Consultant's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Consultant before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
Page 21
i
PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling, Director
Phone: 253-856-5100
■' ® Fax: 253-856-6050
W`) NO1� Address: 220 Fourth Avenue S.
Kent,_WA. 98032-5895
January 16, 2014
TO: Kent City Council Parks and Human Services Committee
FROM: Jeff Watling, Director Parks, Recreation and Community Services
SUBJECT: 2014 Major Work Items — INFO ONLY
MOTION: INFO ONLY
SUMMARY: Jeff Watling will present an update on the department Major Work
Items for 2014.
As part of this discussion, Jeff will gather potential agenda items from the
committee members for Parks and Human Services Committee meetings in 2014.
EXHIBITS: Major Work Items List will be presented at the meeting
YAY: n/a NAY: n a
BUDGET IMPACTS: None
Page 22
Page 23
PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling, Director
Phone: 253-856-5100
Fax: 253-856-6050
WASHINGTONKENT
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
January 16, 2014
TO: Kent City Council Parks and Human Services Committee
FROM: Jeff Watling, Director of Parks, Recreation & Community Services
SUBJECT: Director's Report - INFO ONLY
MOTION: INFO ONLY
SUMMARY: Jeff Watling, Director of Parks, Recreation and Community Services,
will inform the committee of noteworthy information and upcoming events.
EXHIBITS: None
BUDGET IMPACT: None
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