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HomeMy WebLinkAboutCity Council Committees - Parks and Human Services - 10/17/2013 (3) �� KENT ".T— Parks and Human Services Committee Agenda Councilmembers: Deborah Ranniger, Chair • Elizabeth Albertson • Dana Ralph October 17, 2013 5:00 p.m. Item Description Action Speaker Minutes Page 1. Minutes dated September 19, 2013 Yes Council 03 01 - Approve 2. 2014 Community Development Yes Katherin 07 11 Block Grant Annual Action Plan — Johnson Approve 3 2013 Western States Arts Yes Ronda 05 51 Federation Grant — Accept Billerbeck 4. Recreation and Conservation Office Yes Hope Gibson 05 57 Grant Agreement — Authorize 5. D.A. Hogan Consultant Agreement Yes Hope Gibson 05 79 for Wilson Playfields — Authorize 6. Kent Valley Loop Trail Update — No Hope Gibson 15 97 INFO ONLY 7. 2013 Third Quarter Report — INFO No Jeff Watling 05 99 ONLY 8. Director's Report — INFO ONLY No Jeff Watling 05 125 Unless otherwise noted, the Parks Committee meets the 3rd Thursday of each month at 5:00 p.m. in Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information, please contact the Parks, Recreation and Human Services Department at (253) 856-5100. Any person requiring a disability accommodation should contact the City Clerk's Office at (253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. Page 1 Parks and Human Services Committee Meeting Minutes for September 19, 2013 Council Committee members Present: Chair Debbie Ranniger, Dana Ralph, Elizabeth Albertson Chair Debbie Ranniger called the meeting to order at 5:03 p.m. Item 1: Minutes of July 18, 2013 - Approve MOTION: Committee member Ralph moved to approve the minutes dated July 18, 2013. Committee member Albertson seconded. The motion passed 3-0. Item 2: 2014 Washington State Arts Commission Proiect Support Grant — Accept Superintendent of Recreation and Cultural Programs Lori Hogan shared that once again the amazing staff in our Cultural Division applied for and received the Washington State Arts Commission (WSAC) program support grant for 2014. Kent Arts Commission will use the funding to support the presentation of performances and educational outreach activities by Keola Beamer, Moanalani Beamer and R. Carlos Nakai (world music and dance), as well as California Guitar Trio and Montreal Guitar Trio (classical and world guitar) as part of the Spotlight Series. MOTION: Committee member Albertson moved to recommend accepting the $3,950.00 grant from Washington State Arts Commission and approving the expenditure of funds in the Kent Arts Commission's budget. Committee member Ralph seconded. The motion passed 3-0. Item 3: New Connections Lease Agreement — Authorize Superintendent of Facilities Alex Ackley reported that New Connections, a nonprofit agency serving Kent residents, has been a tenant in the city-owned building located at 412 West Titus Street since June, 2003. The condition of the current location is no longer adequate to run the tenant's programs, therefore, the tenant will be moving to the city-owned building located next door at 422 W. Titus. In consideration of this 5-year agreement, the Lessee pays all costs associated with or arising out of the maintenance, operation, and agreed upon tenant improvements (Exhibit B) of the leased premise, in lieu of paying rent. The Lessee will also pay a monthly Leasehold Excise Tax in the amount of $267.30 based on an estimated fair market value rental of $2,349.00 per month. Through an agreement with DSHS under their Career Path Services Program, New Connections provides six to twelve months of training for individuals in their office (paid for by DSHS) and working with the Police Department and Corrections staff. During the last year, New Connections trained several individuals in work and office Page 2 skills and gained valuable (no-cost) employees which allowed them to provide extremely low cost assistance. The motion was corrected by eliminating "St. Vincent de Paul" from the lessee name. MOTION: Committee member Ralph moved to recommend Council authorize the Mayor to sign the Lease Agreement with New Connections to rent the city-owned building located at 422 West Titus Street, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. Committee member Albertson seconded. The motion passed 3-0. Item 4: GreenPlay Agreement — Authorize Parks Director Jeff Watling and Superintendent Lori Hogan reiterated that at the 2013 City Council Retreat, Council identified a number of priority items from the Efficiency Study, conducted by BERK and Associates, to further explore and discuss. One of those items under Level of Service was the review of recreation programs to better understand and determine cost recovery. Watling recapped that staff introduced an approach to this task proposed by GreenPlay LLC at the June 20 Parks Committee meeting. GreenPlay would utilize a pyramid methodology to develop a cost recovery model and resource allocation philosophy for recreation programs. The pyramid methodology has been successfully applied to several cities and agencies throughout the country Hogan spoke to Council's questions on the cost recovery of recreation programs and services. The process begins with a series of workshops with city staff, elected officials, business leaders, and residents. This group will meet 4-5 times in the next 5-6 months and talk in depth on what recreation services are offered, as well as the impacts, values, and prioritization of these services. Discussion will include the current fee structure and whether it is right-priced, or whether the fees need to be adjusted. The intention of this process is to come away with a cost recovery model and a philosophy that the Parks Department can apply to current and future programs, services, and projects. Committee member Ralph voiced concern for the staff time involved to implement this scope of services. She feels that staff time is already limited. Hogan thanked Ralph for her concern and agreed that it will take time to manage through the process. She is hopeful that much of the information needed can be pulled from the current registration system. It will be a big investment of time initially, but she hopes that the resulting product will be well worth it and give us a better path forward when it's done. Watling feels that this will be a great management tool with existing programs and can be used when considering programs in the future as well. Hogan added that GreenPlay is very willing to work with the city. They have taken into account staff time and spread the process over the calendar to accommodate staff schedules. Page 3 Committee member Ralph said it feels like an efficiency study and again is concerned that staff is already so lean. She wants to make sure the study looks at the value of current programs. Hogan feels that it won't be a report on efficiencies, and that the focus of the study will result in a product that shows; our programs are serving a broad community, our services are right-priced, and that there is a need and a value to our services in the community. Hogan noted that, if we find there is an area that needs revisiting, then we will. She reiterated that it will be a valuable tool to assist in measuring the value of our services. Watling said, as we price the services, we understand there is a spectrum of city investment. The intent was to address Council's questions on how we are investing in recreational programming. He does feel this is an exercise of reviewing efficiencies and not what can we get out of the business of doing. Committee Chair Ranniger commented that the contract doesn't reference re-directing the city's resources to some other focus. Elizabeth felt that it does and referred to the pyramid model, focusing on the community benefit piece. Hogan remarked that it would be a surprise if at the end of this analysis, there are services that need to be removed. But, if that is the case, this model will be an effective tool for Council to use in deciding what happens next. Councilmember Ralph asked if this is the best use of $34,000. Watling responded yes, it gives staff the tools and the opportunity to go deeper into how we analyze costs. It's an investment that is well served. Committee Chair Ranniger was not concerned with the size of the contract and felt the price was low. Committee member Albertson liked that this method offers a process and a structure to set up guidelines. She appreciates the public involvement process to get input on creating the model that matches community needs. It's an opportunity for outside opinions from a new perspective. Committee member Albertson moved to recommend Council authorize the Mayor to sign the agreement with GreenPlay in the amount of $33,950.00 for consulting services, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. Committee member Ralph seconded and the motion passed 3-0. Council member Ralph requested this item be moved to Other Business on the agenda so that the original goals can be discussed by full Council. Item 5: Riverbend Golf Complex — INFO ONLY Chair Ranniger stated that this informational item is more exploratory information on the Riverbend Golf Complex and an endeavor to continue this conversation to bring the golf complex to a more stable mode and still provide that asset to the community. The report will explore some different financial structures and provide next step guidance in the exploration for sustainability. Page 4 Parks Director Watling stated that, as a follow-up to the September 3 City Council Workshop discussion on Riverbend, three options were presented to address the current financial issues within the Golf Fund. This presentation includes an overview of each option, as well as an assessment of the advantages, disadvantages, and policy implications for each of the three options to address. Watling noted the three challenges within the golf fund: 1. Debt Repayment 2. Funding Capital Needs 3. Operational Sustainability Options: 1. Enterprise — Outsource Management / Operations Management Contract - Outsource • Hire a management company to operate all aspects of Riverbend Advantages: • No change to Riverbend Complex • Costs may be reduced due to labor cost reductions • City relieved of day-to-day operation Disadvantages: • City funds all capital improvements • City funds all debt re-payment • Less control than self-operation • Usually does not provide guaranteed income to owner Policy Implications: • This option does not directly address two of the most significant issues within Golf Fund — debt re-payment and capital reinvestment • Impact to current employees (both represented and non-represented) Interim CAO Tom Brubaker interjected that, as an example, the city has a management agreement with SMG for the Event Center. The city doesn't know the entertainment business, so a company was contracted to operate the facility. The city pays SMG to operate the facility and we are responsible for the maintenance and repair of the facility, as well as making up the difference if revenue is down. Lease Agreement - Outsource • Lease the facility to a private operator in exchange for an annual lease payment to the City (similar to Riverbend's restaurant lease) Advantages: • No change to Riverbend Complex • Burden of risk is partially shifted Page 5 • City relieved of day-to-day operation • Lessee could contribute to needed capital improvements • Lessee to maintain equipment Disadvantages: • City has limited control. Public access is impacted. • Laborissues • Revenue constraint to City • Longer term contract • Unexpected golf market downturns • Debt service re-payment may not be directly addressed. We need a $400- 600K return. A third party wants to make money. Policy Implications: • This option may not directly address two of the most significant issues within Golf Fund — debt re-payment and capital • Impact to current employees (both represented and non-represented) • Balancing the roles of public asset and enterprise Watling said there is always a challenge with striking the balance to push revenue and encourage access. Whenever there is a third party involved in the operation of an asset, the third party is in it to make money. As we noted from the public meetings, entry point into golf is a core value. The city's role with public space is to encourage public access. In a lease agreement, that is a delicate balance with a partner. Committee member Albertson referenced the role between municipal an all access golf course and a private country club golf course. It's not the same market and we play a different role in the industry. Hybrid Management Contract • In the 1980's and 1990's Riverbend was operated with a hybrid management contract. • Combines some aspects of both. Usually shorter term (3-5 years) and may include all or part of the operations 2. Enterprise — Re-size the Operation • Reduce the size of the Golf Complex • Reduce operational costs • Proceeds from sale would pay off debt and fund capital improvements • Ensure Golf Complex remains accessible for all ages and all abilities Advantages: • Improve operational sustainability • Proceeds from sale pay off interfund loan • Proceeds from sale fund current and future capital investments • Riverbend remains a public facility for all ages and abilities Page 6 Watling reported that 48% of revenue comes from the 18-Hole, 42% from the driving range/ pro shop and 10% of revenue comes from the Par 3. He commented that, if we consider resizing, how we would provide current services. Watling displayed conceptual maps that showed the potential of turning property on the Par 3 side that would accommodate 3 holes and multiple tee boxes - which provides six different practice areas, plus a chipping and practice area. Riverbend Golf Complex Superintendent Pete Petersen commented that, comparing the lengths of the holes on the proposed conceptual design, two different tees and two flags would offer the junior and senior groups a similar experience to the Par 3. Watling responded to the concern of 9-hole players feeling intimated by the 18-hole course. He spoke of incorporating the national program played on18- hole courses called, "Tee it Forward" which creates a set of tees that are pushed way forward. This produces a golf experience for the beginners, juniors, and seniors who want to play a shorter course. Staff hopes these options stay true to our goal of remaining a public facility for all ages and abilities. Disadvantages • Loss of public property • Is there commercial interest in that property? • Represents Change Policy Implications: • What would be the City's vision of re-development of this site? • How does the City ensure an appealing project that will benefit the community including public access into the site and along the Green River? • How does the City and Community work through the change that this option would bring? 3. General Fund Budget — Transition Riverbend into the General Fund Budget Annualized Costs • Total Annualized Costs: $665,000 - $1,075,000 o Debt Repayment of $2.25m • 5 years: $475,000 per year • 10 years: $265,000 per year o Capital Needs: $350,000 - $400,000 o Operational Sustainability: $50,000 - $200,000 • Identify Funding within the General Fund o Increase revenues, and/or o Reduce/eliminate other General Fund programs Page 7 Advantages: • No change to Riverbend Golf Complex • Interfund loan could be repaid through the General Fund • Current and future capital needs could be addressed (depending on funding and prioritization with other capital needs) Disadvantages • General Fund budget is currently very tight. Adding the golf complex will likely mean the reduction or elimination of other general fund services • Impact transferred to other services • Operational sustainability may not be met • Current and future Capital needs may not be addressed due to funding priorities and availability within the broader Capital Budget Policy Implications: • Where does Riverbend fit into the General Fund Services priority now and in the future? • Shall funds from the Strategic Opportunity Fund be used? If so, how much? • What other services will be reduced or eliminated within the General Fund? CAO Brubaker commented that the city needs to look at other funds besides one- time money for an ongoing issue. We need to look for reliable source. Parks Director Watling referenced Council member Perry asking about using the One Time Strategic Fund to pay the debt. Brubaker said this shouldn't be handled through a one-time fund. Committee member Albertson said it could eliminate the $2.25M debt, but doesn't address the other financial issues. CAO Brubaker referenced the challenges with the Seattle Public Utilities partnership and the Highlands property. He said the city has been very successful with selling city-owned property, such as Kent Station and The Platform and guaranteeing a development fit. The city has good control in what happens with post sale; when we are the seller. Committee member Albertson understands the need to reduce the Par 3, but still has a hard time with selling property when we haven't replaced the Commons fields yet. She also understands it could be a wonderful community asset like Kent Station and Town Square Plaza, with a public space that incorporates the river. She doesn't have an answer as to where else the city can find the funds for the debt service or a source for capital improvements. Committee member Ralph agrees with Albertson, she's torn. She commented that it's an amazing piece of property and an asset to the community. Business wise, reducing the footprint makes sense and it would provide the funds for the city if Page 8 sold, but her heart says she's not sure if it's the best choice and she hasn't come to a resolution yet. Committee Chair Ranniger senses that, before going any further, the city needs to decide what the vision looks like and find out if there is any interest in developing the property. Committee member Albertson agreed that we need to know if there is interest developing the property into a signature gateway — a river walk with restaurants and public spaces. Adding that it would have to provide a civic benefit. Albertson asked about creating a PUD. Watling felt the group isn't in a place to make any decisions and more information is needed. He feels the next step is to define the city's goals and vision, as well as research market interest. After that, work with Economic Development to see if there is market interest that matches these goals and vision, if we were to consider development. Committee member Ralph stated that the design needs to include the golf educational portion as well. Watling shared that during his conversations with the youth golf groups, First Tee voiced their interest in being a part of the re-sized model and design. Interim CAO Brubaker referenced an appraisal that was done on the property. Based on the appraisal amount, he said it is likely the sale price would pay for the debt service, the capital projects, and the operational efficiencies. If the property is sold, it probably wouldn't be in one lump sum, but in payments. Brubaker will check with Economic Development to look at options and see the possibilities of how the payments would be structured. Committee Chair Ranniger stated that we need to keep moving forward. We need to review proposals from the interest groups and talk to Economic Development to see if there is a market for the kind of vision that meets everyone's needs. Watling reiterated next steps; review proposals from interest groups, define the vision for potential development if the Par 3 is re-sized, and work with Economic Development to see if there is commercial interest in the property. Brubaker agreed that we need to find out if there is a development that meets the vision of Council and the community. Committee member Albertson referenced Tarragon Management and asked Brubaker when the housing project will be completed. He plans to meet with Tarragon to discuss the parameters of the development agreement. Page 9 Item 6: Director's Report • As outlined in the Asset Analysis, the Wilson Playfields Turf Replacement project is our number one capital project in the 2013/2014 budget. Staff found a way to fund project through a compilation of REET and other budget funds. Also, the US Soccer Foundation invited us to apply for a grant (up to $200,000) to help fund the Wilson Turf Replacement project. • Kent Valley Loop Trail The community and staff are very excited about the Valley Loop Trail project. We have experienced a very strong response to the online survey with over 250 comments offering input on the project. The consultants will attend the October Parks Committee meeting to assist staff in updating the committee. • Spotlight Series Concerts kicked off this weekend with Late Night Catechism. • Fall volunteer events begin September 28 with National Trails Day at Park Orchard Park. We are fortunate to have huge participation in our volunteer events. Without the support of our volunteers, Jeff feels we couldn't steward our park system. Chair Debbie Ranniger adjourned the meeting at 6:20 p.m. Respectfully submitted, Teri Petrole TeY,� Pefivo(e Council Committee Secretary Page 10 Page 11 PARKS, RECREATION AND COMMUNITY SERVICES ® Jeff Watling, Director Phone: 253-856-5100 Fax: 253-856-6050 W18HIN OTC N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 October 17, 2013 TO: Kent City Council Parks and Human Services Committee FROM: Jeff Watling, Director Parks, Recreation and Community Services THROUGH: Katherin Johnson, Housing and Human Services Manager SUBJECT: 2014 Community Development Block Grant Action Plan and Funding Allocations - Approve MOTION: Move to recommend Council approve the proposed Community Development Block Grant 2014 Action Plan, including funding allocations and contingency plans, and authorize the Mayor to execute the appropriate certifications and agreements. SUMMARY: The City of Kent receives Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD) as an Entitlement City. To receive this funding, the City is required to submit a Five-Year Consolidated Plan for Housing & Community Development. The City's Consolidated Plan is in effect from 2003-2017. Prior to the beginning of each year of the Consolidated Plan, the City must inform HUD and the community of the specific actions that the City will execute to implement the objectives and strategies of the Consolidated Plan; this is outlined in the 2014 Action Plan. The Action Plan also includes the allocation of estimated resources that will be used to carry out the objectives and strategies, and a description of each program that will receive funds. The City recommended that a major portion of CDBG funds be used to support the City's Home Repair Program. This program serves many low- income, disabled and senior homeowners in Kent by providing needed repairs. The program also ensures that a portion of Kent's low/moderate- income housing stock is maintained and preserved. Citizen Participation: On October 3, 2013, the City of Kent published a public notice on its website and informed the community, organizations, and stakeholders that the Draft 2014 CDBG Annual Action Plan was available for review and comment for a period of thirty (30) days. On October 17, 2013, Page 12 Page 13 the Human Services Commission held a public hearing for the purpose of taking comments on the 2014 Annual Action Plan. Human Services Commission Recommendations: The Human Services Commission reviewed and approved recommendations for CDBG funding for 2014. EXHIBITS: • City of Kent 2014 Annual Action Plan • Application for Federal Assistance. BUDGET IMPACT: The estimate of $914,499.00 may increase or decrease depending upon the final federal appropriations bill Congress passes in the fall. Therefore, the recommended funding includes a contingency plan to address any potential fund changes that may occur when Congress adopts the 2014 budget. The CDBG project accounts for 2014 are impacted by the budget. Page 14 Page 15 i Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction THE CONSOLIDATED PLAN The Consolidated Plan for Housing and Community Development is a report which informs the community,stakeholders and the Department of Housing and Urban Development (HUD) how the City of Kent (hereinafter referred to as "the City") will invest its Community Development Block Grant from 2013-2017. The report also identifies the objectives and strategies that will guide the City's investment. Objectives and strategies are fueled by the City's overarching goal to build a healthy community. ONE-YEAR ACTION PLAN Purpose of the One-Year Action Plan Each year the City of Kent executes specific actions to implement the objectives and strategies of the five-year Consolidated Plan.Actions that will be undertaken in 2014 are outlined in this One-Year Action Plan,which describes both the allocation of estimated resources and a narrative of what will be done. In a given year, it is possible that no steps will be taken to achieve a particular strategy. Similarly, it is expected that during the course of the year,the City will be presented with unanticipated opportunities that can be capitalized upon to help meet goals and strategies. When this occurs,the City will seize.the moment to further the goals and strategies defined in the Consolidated Plan. 2. Summarize the objectives and outcomes identified in the Plan • See AP-38, Projects Summary.Activities benefiting low/moderate-income persons • Activities which aid in preventing or eliminating slums or blight • Activities meeting community development needs that have a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources do not exist to meet such needs 1 Annual Action Plan 2014 OMB Control No:2506-0117(exp.07/31/2015) Page 16 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. During the past year,the City realized significant gains on its investments and improved the lives of many Kent residents. (Data is provided for 2012;complete data for 2013 is not available and will be provided in the 2015 Action Plan.) Outcomes for 2012 were: Accessibility to decent housing • 108 households received home repair assistance 0 48 persons received transitional housing and case management • 2 individuals received shelter a 33 persons received housing stability grants Accessibility to suitable living environment 15 persons received medical services 26 persons received emergency assistance and case management Accessibility to economic opportunities • 41 persons were enrolled in micro-enterprise business training classes 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. The development of the One-Year Action Plan includes a Citizen Participation Process involving public notification of the availability of the plan draft and an opportunity for comments prior to finalizing the One-Year Action Plan. Persons with disabilities are encouraged to participate in the Citizen Participation Process and the public notice describes how accommodations will be made. The City of Kent, Division of Housing and Human Services, consulted with intercity departments, government agencies, public and private agencies, mental health organizations, the local housing authority, organizations serving persons with HIV/AIDS, agencies serving people with disabilities, refugee and immigrant organizations,organizations working with seniors,faith-based institutions,the business community, Department of Social and Health Services, and foundations. 2 Annual Action Plan 2014 OMB Control No:2506-0117(exp.0 713 112 01 5) Page 17 Additionally,the City published a draft Consolidated Plan and Notice of Public Hearing on the City of Kent website. A public hearing was held on October 17, 2013. 5. Summary of public comments This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. [To be added] 6. Summary of comments or views not accepted and the reasons for not accepting them [To be added] 7. Summary 3 Annual Action Plan 2014 OMB Control No:2506-0117(exp.07/31/2015) Page 18 c to L u � m u a) G O bt0 C Q O � a Y C C m a a o 3 m O L — o 0 w a) A N N C O �+ Q VI N E v c _m N 00 d 0 0 O L d O � U C a m O o ar a p Q c o d r ar E N CDm o m Q p Li+ z °- C bz — N cu i c D c O N m Q U a v do a) 4 v C m C h N m C ® a b0 N m C m N F N m W o > E 'i 2 Y > > m C C 01 •L d _ v tiA O m bA w c c a c +' C 'a Q m m in QI •VI N .a O C U ..4 p � al v = 3 (7 O 2 v N •N O. O N a C = CD n L C CD 'y, 7 m Q. i+ \ to 0Cq O f�LO C O C j j v � a) CL W C N E •y ++ C a: 6 O N o f0 al L C C C -O •E Q .0.. Y t tS0 d t �, N W 6 p Y m E c� y c O m z a s E a a a w a > Y o Y a a o Ln `o N LY al J O O O O m r ® • O r'o +' ry v N z H U Y V N le 0 i Page 19 i i ro a I c o � u ¢ 0 co 3 C C i O N o :a o o � g o N c u o 3 0 N Y Z 'O CaJ o -O C C . O p o I m E 2 3 N "6 0 i Page 20 i i I AP-10 Consultation—91.100, 91.200(b), 91.215(I) 1. Introduction The City of Kent consulted with multiple entities, including South King County cities (the cities of Auburn and Federal Way are the two other entitlement cities in South County),the King County Housing Authority, King County Department of Community and Human Services, nonprofit agencies delivering services in Kent and the subregion and Washington State Department of Social and Health Services. The City of Kent carries out homeless planning and coordination as a regional issue. Kent works with the Committee to End Homelessness, King County,cities, mainstream systems, Safe Harbors, housing funders,community agencies, United Way,the private sector(including businesses), and homeless people. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health I and service agencies (91.215(1)) Kent Housing and Human Services Division meets regularly with other King County jurisdictions, public housing authorities and State Departments to develop strategies and implement plans to improve the quality of service and access for low-income residents in the city and throughout the region. Additionally,the City participates in quarterly meetings with King County staff, including the Public Health Seattle/King County,to review implementation and delivery of services funded through regional efforts.The City will continue to participate in the Committee to End Homelessness,funding review panels for Continuum of Care(CoC), Emergency Shelter Grant and McKinney funding. In 2012,the Coordinated Entry program was launched providing a single point of entry for homeless families. Housing providers,funders and government agencies provide support to this program. Kent requires that housing providers under contract with the city participate in Coordinated Entry and Safe Harbors,the Seattle/King County Homeless Information Management System (HMIS) program. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS To receive McKinney funding, HUD requires applicants toworkthrough a local Continuum of Care. For Seattle and King County,the Continuum of Care encompasses programs and activities within the borders of King County, including Seattle. Each continuum sets funding priorities and need for its community. The Seattle-King County COC priorities are set by the Committee to End Homelessness in King County 6 Annual Action Plan 2014 OMB Control No:2506-0117(exp.07/31/2015) Page 21 (CEHKC), Kent staff is on the CoC/McKinney Advisory Board and staff both the CEHKC Funders Group and Interagency Council. Describe consultation with the Continuum(s) of Care that serves the State in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds,and develop funding, policies and procedures for the operation and administration of HMIS The City consults with CEHKC, which in turn, consults with the State on behalf of the local jurisdiction. 2. Describe Agencies,groups,organizations and others who participated in the process and describe the jurisdiction's consultations with housing,social service agencies and other entities 7 Annual Action Plan 2014 OMB Control No:2506-0117(exp.07/31/2015) Page 22 G C C m N o a E .N O o E N Y C_ O E U Y U C o O O O � > U U O E C !l � U_ Y Q d >o N> 0 Y C ++ a N N > V O G Y • O1 O U t nn s v E Y C Y L > Y C Q) Y > = p 0 0 0 bA Y N C > t0 O1 N O1 "O i N N �O Y ra m _C ra � ai E E r G L s N E c E U N N C Q N = C U w N C a v c Y '^ £ r m N �n C C Y N tw U LL "O V Y C U N p d m , Q N -C > CNN > '> o 0 O 0 > > U NON U p GO IB m `> E E E E E 'a v E _ '> > E E E E E •a aci -o `-' Y, E v 0 0 0 0 o c a0 0 0 m o v 0 0 o o o o c to w x x x x x a a Y U c a r. r• m 1Yo Dr � O L V y Y N N O C ^ N D G C •C �n O C •G N O u m u 00 E m a O o G O oCL c \ a y CNl m O v 0 w 0 0 0 O 0 d! '6 \ }' > N \ M N CL T E• CL T m u O. p >' t0 F C •u F- r �n C (p W CL C C �p a, .� O. 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Z = a+ = N Q O _N > cz�N CO L V UU U z N O C C � G 0] O O O Q O R h m 0 Page 33 o ''..... u C C L Y c E � o- O O i m N D O N C - N Y y 3 bD � ` CN S O U C •L l7 O v E E $ m .3 OL m Ol A p CO � rl CO O � lA ❑ Y O -p (0 y Y L m N N C D 0 � - _ UI 'p p W C iA 'C O p j O � Q W N O p O N C Q C OU p y ❑ .N O mu m C 0 = kD U Z < ❑ w un � � � •j vvi v � y ry 0 V > o O p m y m f0 aCi .s, c l7 U Y ❑_ s y a O p O " " a ❑ H N p N C O p y `° m E o a ¢ C •C �' p 0 M 0 bA h0 p ¢ EG C Y Y p' (O Y 1A CI fO � (O O• O � = N N f0 N N VICO > N N Y C O t>p. O ? U N Y C c f0 < Cj C O y s �_ u `� L m H A N sa+ O N N O N W y N '� C O W E y y U VI f0 (0 •0 Y O. o in aC, v 3 — '3 c '� c c7 3 c o l _ 3 a c ~ ca vvi Y v Z w F o '� m -p o v U u C7 u _ v y o � ai m a a Z C U N Q VI m L W OU ¢ Q Q 0 - C C O C O o a ¢ Q' E O E O O E O E O li N Z 2 O. Z S Z •c Z a z V f0 f0 f0 10 p w N R N N 6 N t6 a 0 .0 N � O O N O O W O O w O O ow O O owLn a ei N M V N 0 Page 34 a O O a E 0 L 3 s � •3 0 y i 6 u p p L N V N 7 0 O �y L L O Y 00 E o t 0 3 a o a * c a m :E j m a E c u C O y pp C m C C L N d d 0 C E o c a 0 E L C � a 0 u c c O 3 v v aj Ln c E ,y 0 O N O u '4 V W o 0 _> _ 6_ G! O O O L r _ N x v � 3 0cu2 6 h V a L � � EC r- �bo # rl r O y 0 p ry L m u o ++ N � z A E o w N w O 0 W 10 Page 35 AP-35 Projects— 91.220(d) Introduction The projects funded by the City in 2014 address the priority needs of providing assistance to prevent and respond to homelessness, maintain affordable housing, housing for the homeless, increasing self- sufficiency, and decreasing isolation, Services include minor home repair services, rent assistance to prevent eviction, healthcare services fort he homeless,shelter and transitional housing,case management and emergency assistance for refugees, senior meal program for refugees and micro- enterprise business classes to increase self-sufficiency for low and-moderate income individuals. # Project Name 1 Kent Home Repair Program 2 Catholic Community Services-Katherine's House 3 Multi-Service Center-Housing Stability 4 Health Point-Healthca re forthe Homeless 5 Refugee Women's Alliance-Case Management&EMS Assistance 6 Refugee Women's Alliance-Senior Meals 7 Washington CASH-Kent Micro-enterprise Initiative 8 YWCA-Anita Vista Transitional Housing 9 Emergency Feeding Program-Food for All Around Kent Table 7—Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs The City's distribution of funds align with the City's objectives of accessibility to decent housing, a suitable living environment and economic opportunities. 21 Annual Action Plan 2014 OMB Control No:2606-0117)exp.07131/2015) '.. Page 36 `w s N m O N R N i C a L N �n i E v O C v O E v 3 E L C 0 N N Y O R U C E O C > d v E N C N R > C ` N o 'm E T Guw m N N R E > C R w R w E o N L C O Y E > a o c o m E ' v E £ v o = E °u c u v R O C R O a ° J m s 'v O ° •° �n o m o = J N E a E > G 3 C E y� 2 L O !? _u n G E N N In J 3 ERE m C T, O O [O a E L T O O CO d N L G O N ❑ R O R '� ❑ 3 t 7 w Y u Q Q u u = u u Q Q u a v� u R R m E 0 E m aR o v o m W a v c m O E Z Q` y N „ 'a v v ? ¢ N m 'Q v v z a N V d N O N R C C Y U W N ° N C C Y O Y al LA — C 'O L 'O `u C > N 00 R C N V V N C > W OO y -O J y R `O R O 7 y -O y R u u LL l7 H VI Z Q LL 0 E Q fL F- W V1 Z O Q LL O d Q 6 CL Q d ey N M O Page 37 ++ N C N Y C C N v t4 N w m N J � O > N N c c u N _C ` vN J C w O O 6 O o r Cv 2 C� a Y L N N L C @ N ..0 J v1 •� d" h0 N O w u Qu �O C U N ^ t C N 0 W J O @ @ C N Q N = N N v U N v C N N H U 09 N > CJ w O O O Q C9 C O N Q N ` LL VI u > a N C N i LL N U VI d C O "O ?) C O N Vt o O1 L UJ �p y a O N O ci y 0. N L ci y N w C ZUi• U d Y O Z U N bL O N Z U U n O > coco4 w A > N cos o ❑ J Ul Y N @ O 7 O v .N Ll @ ❑ 7 n u a co c.7 0. a x u � m u d a z � a °� u d v a @ ❑ E@ c E@ c o p N °° a ° m Y ¢ w 0 O. .O ` •6 .0 C � y W N Q M i •� �u C y N d m L •� u o `M 10 d W 'O C yi C .Y .O b�0 @ p• G! '� C in .O `M @ 6 N C H F � V) Z Q LL C 6 Q d F U H Z Q LL C 6 Q d F 0 {A Z Q LL m a Lr) 0 Page 38 o I u E v c V � I C O N x Y O C p N U N O ' C C � Y I � G •� N N C m ✓ N p N m b L O D -O N C w O O C w �' Y C C O G y Q 6 c w E u_ v b O E C II v + m N C 0 N [ O E O y u O C N U N V = p N � C Y c E a � N u Di m E a m a c L N N v V O •VI ��yYY y Q E y VI L.I O W — c v o U N > C U > > C N O O p ` O L C D! C y O y Dl y > N DJ Dl L wm m •C > C 'O L N m O •vim — v y E ¢ o •o u Y c a — do m N c o n' N v=i a 3 °�' '� •� O O C .> O y O 0 = m C o`o o •2 v a c v vi u N w N O- N Y v� v� i/} Vl O � Y D! 'E t/} •• h Q tLa tLo \" C v w bD O d V L7 = bOD L O O C7 •am+ C Q p o E v 2 m s w u a m o o. ^ ° w o ` 0 d � 2i V c w U U m v � U Q Q v O N D o E m c E m c E m m W 'D 'O O m w m 'O O m w VI Z L y 01 N '�. L Q! N y Z D! N •p UI y Q Y N OD Y .a U1 y Q N OD 'O Q! O. C N D) b Q L 'm U C •� N Dl m m L V C > D) Ol N a s O m •� •p 0 3 a°1i v 3 m m u o (`o 0 3 a01i v 3 w u `m o CLD°i v a ''........ Z a F- (D m Z Q m g co o Ii Page 39 `o w � o c O h � O N n > W O � � Y D H O � Y j U > N v E n h O t u h v u E U o s u m vOi j. fO m m m L h N .E E c k2 v' ETv m o a 'o N c ` o y a m a a m p O y,, m CO c a O > O �' O O V} c c f6 Y E m E m •° a a o 'o C c -o Lb0 C C C s m o v m O o c m o w ° O co > Q c�i ,�, m O O O E m p Q +� a a �o v o c u v a o o c o v a > m E v ° -o m a O C m a+ h m O m !Z N OO L -� DO � � � Q o = c E a c u m O c •� U 'O c O E Y O W O N �n O w_ Y >O O U C LL Y h h > Y �- L GI N d VI ti U C M m O O 3 h 3 N m h m O u u -01a ome V- z z oe v `u y u u m a w U CO m u E N c E E c Zv =o =o =o C C C C m a LL m m m m o p p 9 m N m o a U N o a O o b0 , {Z.a Q i vhi m G W O W C C C C z 5 m Y V Y p h y C W 6 a O m > > ' U N mM -Fah C 9 a u C I Z VI N m N O a C y m y •� O C W m U w F ''' O O am+ m O O LL O 1 Q d H C7 VI Z Q LL p d Q W U a z0 Y Y m Y O� F V LL C c L) C C 0 Page 40 i i AP-50 Geographic Distribution —91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration)where assistance will be directed CDBG funds are distributed throughout the city. Low and moderate-income households exist in all of the census tracts in the city.The heavier concentrations can be found on both the East and West Hill of Kent. Geographic Distribution Target Area I Percentage of Funds City of Kent 100% Table 9-Geographic Distribution Rationale for the priorities for allocating investments geographically N/A. Discussion Poverty is high in pockets throughout the City(over 20%) and children qualifying for free and reduced lunches in the Kent School District is at 52%. Unemployment and dependence on public assistance has forced many households to use public services for basic needs including food, utility assistance, rental assistance, medical services, etc.The increased need and high volume of usage dictates that services be available to all low/moderate-income households in the City of Kent. 26 Annual Action Plan 2014 OMB Control No:2506-0117(exp.07/31/2015) Page 41 Affordable Housing AP-55 Affordable Housing—91.220(g) Introduction The City will provide rental assistance to prevent homelessness and rehabilitation assistance to keep Kent residents in their homes who might not otherwise be able to afford the upkeep for their homes. In addition,the City will invest in transitional housing and shelter beds. One Year Goals for the Number of Households to be Supported Homeless 15 Non-Homeless 80 Special-Needs 0 Tota 1 95 Table 10-One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 54 The Production of New Units 0 Rehab of Existing Units 80 Acquisition of Existing Units 0 Total 134 Table 11-One Year Goals for Affordable Housing by Support Type Discussion Rental assistance is provided through the Multi-service Center Housing Stability Program and the Refugee Women's Alliance Emergency Assistance and Case Management Program. The City of Kent also provides minor and major home repairs on homes owned by low/moderate-income Kent homeowners. (Due to increased costs for construction and home repair materials,the City is increasing the maximum amount of home repair grants per household to$7,500 (the former maximum was$5,000). Note: REWA provides both rental and utility assistance; however it cannot be determined at this point which type of assistance will be provided.) Goals for the homeless include transitional housing through YWCA-Anita Vista and shelter through Catholic Community Services-Katherine's House. 27 Annual Action Plan 2014 OMB Control No:2506-0117(exp.07/31/2015) Page 42 AP-60 Public Housing— 91.220(h) Introduction Public Housing residents have access to activities funded by the City;the City does not plan special activities for this population. Actions planned during the next year to address the needs to public housing All actions planned during 2014 address the needs of PH residents.The Senior Nutrition and Wellness Program is held at Birch Creek Apartments, a PH facility. Actions to encourage public housing residents to become more involved in management and participate in homeownership The City does not plan actions to encourage PH residents to become more involved in management and participate in homeownership; however,the Kent Cultural Diversity Initiative Group,which is staffed by the City, periodically hosts speakers from organizations like Habitat for Humanity of Seattle/King County and the King County Bar Association. These organizations notify housing and providers that work with low/moderate-income clients about housing opportunities and how to advocate for housing rights. If the PHA is designated as troubled,describe the manner in which financial assistance will be provided or other assistance N/A. Discussion N/A. 28 Annual Action Plan 2014 OMB Control No:2506-0117(exp.07/31/201S1 ',, Page 43 AP-65 Homeless and Other Special Needs Activities —91.220(i) Introduction The City will use several mechanisms to assist its residents who face homelessness and have other special needs. • Allocation Of resources to help Kent residents remain in their homes by providing home repair assistance; a great majority of these residents are seniors • Allocation Of resources for nursing services to the homeless who reside in transitional housing • Allocation of resources to provide culturally-specific food bags in accessible locations • Allocation of resources to provide overnight shelter to women in recovery and transitional housing for domestic violence survivors and their children • Allocation of resources to provide emergency assistance and case management to refugees and immigrants • Allocation of resources to provide congregate meals to refugee seniors Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons(especially unsheltered persons)and assessing their individual needs The HealthPoint Healthcare forthe Homeless Project has an outreach component to ensure that the homeless are aware of healthcare services.The City also funds outreach to the homeless through a General Fund-supported project. Addressing the emergency shelter and transitional housing needs of homeless persons The Cityfunds the YWCA-Anita Vista Transitional Housing Program for homeless DV victims and CCS's Katherine's House Program is a transitional shelter for homeless women.The City also funds a housing continuum through the General Fund to meet the range of housing needs to prevent homelessness or transition someone into housing from homelessness. Helping homeless persons (especially chronically homeless individuals and families,families with children,veterans and their families,and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness,facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again 29 Annual Action Plan 2014 OMB Control No:2506-0117(exp.07/31/2015) Page 44 The transitional housing programs supported by the City assist families and individuals in shelter or transitioning from the streets into housing.The REWA Emergency Management and Case Management Program help families manage resources and prevent them from becoming homeless. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health,social services, employment, education, or youth needs. Multi-Service Center assists individuals and families with these issues. In addition,the city has an information and resource specialist who assists and counsels families who are released from the correctional facility and healthcare facilities. Discussion One year goals for the number of households to be provided housing through the use of HOPWA for: Short-term rent, mortgage,and utility assistance to prevent homelessness of the individual or family Tenant-based rental assistance Units provided in housing facilities (transitional or permanent)that are being developed, leased, or operated Units provided in transitional short-term housing facilities developed, leased, or operated with HOPWA funds Total 30 Annual Action Plan 2014 OMB Control No:2506-0117(exp.07/31/2015) ii Page 45 AP-75 Barriers to affordable housing — 91.220(j) Introduction A great deal of staff time is used to educate and familiarize the community and policymakers about the evolving definition of"affordable housing". Although a large percentage of affordable housing located in the City is well-maintained,some of the stock is deteriorating and contributes to the perception that affordable housing is an eyesore in the community. This is a barrierto adding additional stock, and a priority is to upgrade stock when needed and encourage responsible ownership. Other barriers will be addressed as staff exposes the community to good affordable housing models through housing tours and question and answer sessions. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls,tax policies affecting land, zoning ordinances, building codes,fees and charges,growth limitations, and policies affecting the return on residential investment The City works with the Economic and Community Development Department on these issues; however, no specific actions are planned for 2014. Discussion i 31 Annual Action Plan 2014 0M0 Control No:2506-0117(exp.07/31/2015) Page 46 AP-85 Other Actions — 91.220(k) Introduction The City of Kent will enhance coordination by continuing to work with racial and ethnic minority providers to develop strategies that will allow them to co-locate in a central location making access for clients easier. The City of Kent will continue workto reduce the number of families in poverty through micro- enterprise training, maintaining relationships with local training schools,encouraging business to hire low-income residents,encouraging and supporting collaboration between employment specialists and outreach to increase opportunities for low-income residents to obtain livable wagejobs. In 2013,the City through the Kent Cultural Diversity Initiative Group, provided funding and supported a Refugee Employment Summit to increase jobs and connections between refugee leaders,employers and employment specialists. The City of Kent is committed to maintaining the affordable housing stock in our community. Using CDBG funds for the Home Repair Program allows home owners to maintain their homes and preserve the housing stock. Actions planned to address obstacles to meeting underserved needs The City is actively engaged with refugee and immigrant communities through the Kent Cultural Diversity Initiative Group. Additional time will be devoted to meeting with providers and representatives who specialize in serving these communities to help them develop an action plan to open a multicultural space that will include room to co-locate Ethnic-based Community Organizations (EBCOs). Actions planned to foster and maintain affordable housing The City will continue its long-term collaboration and participation on Boards,committees,funding review teams,etc.to foster and maintain affordable housing forthe South County Region.Through sub- regional efforts, elected officials and Land Use and Planning Board members will be educated about the need for and importance of affordable housing for the long term viability of the community. Actions planned to reduce lead-based paint hazards No actions are planned. Actions planned to reduce the number of poverty-level families Actions to reduce the number of poverty level families includes funding micro-enterprise training, 32 Annual Action Plan 2014 OMB Control No:2506-0117(exp.07/31/2015) Page 47 maintaining relationships with local training schools, encouraging business to hire low-income residents and outreach increase opportunities for low-income residents to obtain livable wage jobs. Actions planned to develop institutional structure No actions are planned. Actions planned to enhance coordination between public and private housing and social service agencies The City has been instrumental in developing relationships between these entities and will continue to foster and participate in these collaborations, including the Homeless Forum, a monthly meeting of housing and support service providers,South King Council of Human Services,South King County Housing Development Group, and the King County Housing Development Consortium. Discussion I I I 33 Annual Action Plan 2014 OMB Control No:2506-0117(exp.07/31/2015) Page 48 Program Specific Requirements AP-90 Program Specific Requirements—91.220(1)(1,2,4) Introduction Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(1)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table.The following identifies program income that is available for use that is included in projects to be carried out. 1.The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2.The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3.The amount of surplus funds from urban renewal settlements 0 4.The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5.The amount of income from float-funded activities 0 Total Program Income: 0 Other CDBG Requirements 1.The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit-A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% 34 Annual Action Plan 2014 OMB Control No:2506-0117(exp.07/31/2015) Page 49 Discussion The City will use all of its funds to benefit persons of low/moderate-income. I 35 Annual Action Plan 2014 OMB Control No:2506-01171exp.07131/2015) Page 50 APPLICATION FOR OMB Approval No.0348-0043 FEDERAL ASSISTANCE 2. DATES B MITTED Applicant Identifier October 8, 2013 DUNS #: 02-025-3613 1.TYPE OF SUBMISSION: 3.DATE RECEIVED BY STATE State Application Identifier A plication Preapplication Construction ❑Construction 4,DATE RECEIVED BY FEDERAL AGENCY Federal Identifier 0 Non-Construction ❑Non-Construction 5.APPLICANT INFORMATION '.. Legal Name: Organizational Unit: City of Kent Parks, Recreation &Community Services Address(give city,county,State,and zip code): Name and telephone number of person to be contacted on matters involvin 220 4th Ave. S this application(give area code) Kent, WA 98032 Katherin Johnson, 253-856-5073 6. EMPLOYER IDENTIFICATION NUMBER(EIN): 7.TYPE OF APPLICANT:(enter appropriate letter in box) MP� II 'OY�1 - nnn1 T2 5 4 A.State H.Independent School Dist, 8.TYPE OF APPLICATION: B.County I.State Controlled Institution of Higher Learning ❑ New Z Continuation ❑ Revision C. Municipal J. Private University D.Township K.Indian Tribe If Revision,enter appropriate letters)in box(es) F-1 ❑ E.Interstate L.Individual F. Intermunicipal M.Profit Organization A. Increase Award B.Decrease Award C.Increase Duration G.Special District N.Other(Specify) D.Decrease Duration Olher(specify).' 9.NAME OF FEDERAL AGENCY: Department of Housing and Urban Development(HUD) 10.CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11.DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: �1 ®--n[1 1-8 1 CDBG Entitlement Grant TITLE: CDBG Entitlement Grant 12.AREAS AFFECTED BY PROJECT(Cities,Counties,States, etc.): City of Kent, King County, Washington State 13,PROPOSED PROJECT 14.CONGRESSIONAL DISTRICTS OF: Start Date Ending Data a.Applicant b.Project 1/1I14 12/31/14 8th Congressional Disti9th Congressional Dist. Same 15. ESTIMATED FUNDING: 16.IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a.Federal 5 oo 914,499 a.YES. THIS PREAPPLICATIONIAPPLICATION WAS MADE b.Applicant AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: '.. c.State S m DATE d. Local S ae ',.... b.No. ® PROGRAM IS NOT COVERED BY E.O.12372 e.Other S 00 - ❑OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW f. Program Income $ °Q 17.IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? TOTAL $ 00 g 914,499 ❑Yes If"Yes,"attach an explanation. ✓❑ No 18.TO THE BEST OF MY KNOWLEDGE AND BELIEF,ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT,THE DOCUMENT HAS BEEN DULYAUTHORIZED BYTHE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE '.. ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a.Typo Name of Authorized Representative b.Title a Telephone Number Suzette Cooke Mayor (253)856-5700 d.Signature of Authorized Representative e.Date Signed Previous Edition Usable Standard Form 424(Rev.7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 Page 51 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director ® Phone: 253-856-5100 T Fax: 253-856-6050 WASH HG70N '.. Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 October 17, 2013 TO: Kent City Council Parks and Human Services Committee FROM: Ronda Billerbeck, Cultural Programs Manager THROUGH: Jeff Watling, Director of Parks, Recreation and Community Services SUBJECT: 2013 Western States Arts Federation Grant — Accept MOTION: Move to recommend accepting 2013 Western States Arts Federation grant in the amount of $2,500.00 and approving the expenditure of funds in the Kent Arts Commission's budget. SUMMARY: Western States Arts Federation (WESTAF) has awarded the Kent Arts Commission a IM (Independent Music) Tour Grant for $2,500. In 2013, Kent Arts Commission used the funding to support the presentation of The Changing Colors (an acoustic music duo) as part of the Kent Summer Concert Series, The group also led an educational outreach activity at Kent Parks' summer day camp program. EXHIBITS: WESTAF Grant Contract BUDGET IMPACT: Kent Arts Commission Budget i Page 52 NIII 2012-2013 IMTour Grant Contract / G�/�aGl/2GC Contract Date: January 7, 2013 / Presenter: City of Kent Arts Commision IMTour Award Amount: $2,500 Artistic Fees: $3,000 IMTour App ID: IMTP0015 CFDA number: 45.025 City of Kent Arts Commision FEIN #: 91-6001254 The Western States Arts Federation(WESTAF) shall assign the grant award amount to City of Kent Arts Commision following the return of a signed copy of this contract within 30 days of the contract date. Failure to return a signed copy of this contract In accordance with the schedule outlined shall result In the forfeiture of the grant award. IMTour is made possible through support from the National Endowment for the Arts, the Western States Arts Federation (WESTAF), and its participating state arts agencies. Support through IMTour is contingent on available funds. Project Description-the presenting organization is granted the above award amount for the following project:. Project Summary: One Concert for general public and an educational outreach activity with the artist. Artist(s)/Company: Changing Colors Engagement Date: August 13, 2013 OV Al _3tksl- Number of Public Performances: 1 J Number of Outreach Activities: 1 All IMTour supported engagements must include at least one (1) public performance and one 1) outreach activity with an educational component. A public performance is defined as a full-length performance for which promotion and marketing to the general public have been provided and the audience for which is a cross-section of the community (e.g. not primarily school-aged children during regular school hours). Examples of qualifying outreach activities are lecture-demonstrations, master classes, In-school educational activities involving students with the artist, etc. The following Items are not considered to be qualifying outreach activities: 1) a performance for students that does not include an educational component about the art form; 2) a guest artist's residency at an institution of higher education; 3) activities at an institution of higher education for which the majority of the audience are students and/or faculty; 4) tickets to the public performance offered on a complimentary basis; and 5) a lecture or demonstration that directly precedes or follows the public performance. Contracting with WESTAF - due date: February 5, 2013 Please note, this award Is contingent upon the return of a signed copy of the enclosed IMTour grant contract within 30 days of receipt of this award letter. This is the grant Page 54 contract between City of Kent Arts Commislon and WESTAF. Failure to return the grant contract in accordance with this schedule could result In the forfeiture of the grant award. Contracting with the artist - due date: September 3, 2013 If the final artist's letter of agreement/contract was not Included with the proposed IMTour application, this grant award will not become official until the grantee sends the fully executed, co-signed contract between City of Kent Arts Commislon and the artlst(s), Changing Colors. We must receive the contract no later than three weeks after the performance. Payment to the Grantee (Presenting Organization): WESTAF shall pay the grantee $2,500 upon: ® The satisfactory performance of the services described In the project description above ® Project and grantee compliance with established program rules and requirements per the IMTour grant guidelines. Submission of a copy of the final artist's letter of agreement/contract including the artistic fee ® The award amount must be matched 1 to 1 with Cash Income and/or In-Kind. o WESTAF could adjust the grant award amount accordingly if there is not enough of a match. o Timely return of a completed 2012-2013 IMTour final report and project description online at tt s: /amo caweb org/active proorams.php within 60 days following the engagement. ® Final Report Due: October 14, 2013 e Final report has been approved by WESTAF and the funds have been received by WESTAF from the NEA. s Funder crediting must be Included in the grantee's current season brochure, the performance program and any other promotional materials. Copies of these materials must be sent in with the final report. Grantees must clearly acknowledge support from the National Endowment for the Arts, WESTAF, and their States Arts Agency in their programs and related promotional materials. s Final report support materials, such as season brochures and performance programs, may be submitted online or sent to WESTAF at: 1743 Wazee Street, Suite 300, Denver, CO 80202, Support materials that are mailed to WESTAF must be received within 30 days of the submission of the online final grant report form. Payment to the Artist: The above artistic fees shall be paid directly to the artist/company (or designated representative) by the presenter as per the artist-presenter contract. Change Requests: If any dates, fees, and/or activities change at any time from those listed above, the presenter must notify WESTAF in writing via email to daniel.aid@westaf.org within 30 days Page 55 I'I of the change and provide an updated artistic contract. NOTE: Changes in plans may affect award amounts and must meet the goals and review criteria of the IMTour program. Failure to meet these requirements will result in the forfeiture of the grant award. Required Credit: Grantees must clearly acknowledge support from the National Endowment for the Arts, WESTAF, and their state arts agency in the programs and related promotional materials. Acknowledgement should be given in text and graphically by using the NEA and WESTAF logos. Copies of the WESTAF, IMTour, and NEA logos may be found at: tt : www westaf org/resources/locos & http //www arts aov/manageaward/locos/index html Alternately, copies of these logos may be requested via email by calling 303.629.1166, Acknowledgment of the National Endowment,for the Arts, WESTAF and the grantee's state arts agency can be phrased In a variety of ways: For example: Funding for the Commission and its programs is provided by the Western States Arts Federation and the National Endowment for the Arts. This project received support from [Grantee's State Arts Agency]; WESTAF, the Western States Arts Federation; and the National Endowment for the Arts. Compliance: All Information and conditions contained in the 2011-2012 IMTour guidelines are Incorporated herein. By signing this contract, the presenter agrees to comply with Title VI of the Civil Rights Act of 1964, as amended (42 U.S,C. 2000d et seq.); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and the Americans with Disabilities Act of 1990 ("ADA'� (42 U.S.C. 12101-12213); the Age Discrimination Act of 1975 (42 U.S.C. 6101 et sec.); Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); and The Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq. And 45 C.F.R. pt. 1154); as well as all regulations of the National Endowment for the Arts issued pursuant to these statutes; and the applicant hereby gives assurance to immediately take any measures necessary to comply. Compliance is mandatory with all requirements, paperwork, and related timelines as described herein; failure to do so may jeopardize current and/or future funding from WESTAF. We the undersigned understand and will comply with the terms of this contract. City of Kent Arts Commislon WESTAF (Western States Arts Federation) 220 4th Avenue South 5 1743 Wazee Street, Suite 300 Kent, WA 98032 Denver, CO 80202 Grantee (Presenter)/Address WESTAF/Address: please write in any corrections above Page 56 Authorized Signature for Presenter/Date Authorized Signature for WESTAF/Date Bryce Merrill/Senior Associate Director Arl,tame/Title Print Name/Title Phone: 303.629.1166 * Fax: 303.629,9717 t � i t r, V �VY1S. NLaYI� eJ• .(�lI�l C`, I Email: bryce.merrill@westaf.org Phone/Fax/Email � �J,-[J '�� JLa {��'F Phone/Fax/E-mail Tax ID Number / ^ C) 2 Please return the signed contract within 30 days to: WESTAF, 1743 Wazee St, Suite 300, Denver, CO 80202 Attn: IMTour Phone: 303.629.1166 * Fax: 303.629,9717 * E-mail: bryce.merriil@westaf.org Page 57 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 440 ® Fax: 253-856-6050 WASHINGTON Address: 220 Fourth Avenue S. III Kent, WA. 98032-5895 October 17, 2013 TO: Kent City Council Parks and Human Services Committee FROM: Hope Gibson, Parks Planning and Development Manager THROUGH: Jeff Watling, Director Parks, Recreation and Community Services SUBJECT: Recreation and Conservation Office Grant Agreement - Authorize MOTION: Move to recommend accepting the reimbursement funds from the Recreation and Conservation Office for an amount not to exceed $834,725.00, and authorizing the Mayor to sign all necessary documents, subject to terms and conditions acceptable to the City Attorney and Pari's Director. SUMMARY: In 2010, the city purchased approximately 32 acres at the north end of the city known as the Huse property. The purchase price was $1,500,000. Staff received a $650,000 grant from King County Conservation Futures toward the purchase. Staff also applied for a reimbursement grant through the Washington State Recreation and Conservation Office, and were awarded $834,725.00. The grant will pay for half of the purchase price and all qualifying "soft costs" associated with the purchase of the property. EXHIBITS: Recreation and Conservation Office WWRP Project Agreement BUDGET IMPACTS: The funds will reimburse the Park Land Acquisition Budget. Page 58 Page 59 WASHINGTONSTATE Recreation and Conservation Office WWRP Project Agreement Outdoor Recreation Account Project Sponsor: Kent Parks, Recreation&Community Services Project Number:12-1525A Project This: Huse/Soos Creek Property Acquisition Approval Date:7/1/2013 A. PARTIES OF THE AGREEMENT This project grant Agreement(Agreement)is entered into between the State of Washington by and through the Recreation and Conservation Funding Board(RCFB)and the Recreation and Conservation Office,P.O.Box 40917, Olympia,Washington 98504-0917 and City of Kent by and through the Kent Parks, Rec&Comm Sery(sponsor),220 4th Ave S, Kent,WA 98032-5895 and shall be binding on the agents and all persons acting by or through the parties. B. PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the Outdoor Recreation Account of the State of Washington. The grant is administered by the Recreation and Conservation Office(RCO)to the sponsor for the project named above. C. DESCRIPTION OF PROJECT The City of Kent will use this grant to acquire two parcels of land totaling 33.7 acres next to Soos Creek to serve as a trailhead to the regional Soos Creek trail and serve as a passive community park for residents in the Panther Lake area of Kent.The property is located within the City limits,in the newly annexed area of Panther Lake.By acquiring the property,the City will be able to provide community park elements to an underserved area within the city while providing additional connectivity by enhancing access to the Soos Creek trail.The primary recreation provided by this project will be for passive recreation and regional trail access. D. PERIOD OF PERFORMANCE The project reimbursement period shall begin on September 6,2013 and end on December 31,2014. No expenditure made before or after this period is eligible for reimbursement unless incorporated by written amendment into this Agreement or specifically provided for by RCFB and/or SRFB policy or WAC. Requests for time extensions are to be made at least 60 days before the Agreement end date. If the request is made after the Agreement end date,the time extension may be denied. The sponsor has obligations beyond this period of performance as described in Section E. E. ON-GOING OBLIGATION For acquisition projects the project sponsor's on-going obligations shall be in perpetuity and shall survive the completion/termination of this project Agreement unless otherwise identified in the Agreement or as approved by the funding board.It is the intent of the funding board's conversion policy(see section 23)that all lands acquired with funding assistance remain in the public domain in perpetuity. F. PROJECT FUNDING The total grant award provided by the funding board for this project shall not exceed$834,725.00. The funding board shall not pay any amount beyond that approved for grant funding of the project and within the funding board's percentage as identified below. The sponsor shall be responsible for all total project costs that exceed this amount. The contribution by the sponsor toward work on this project at a minimum shall be as indicated below: Percentage DollarAmount RCFB-WWRP-Local Parks 50.00% $834,725.00 Project Sponsor 50.00% $834,725.00 Total Project Cost 100.00% $1,669,450.00 WWRP Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 1 of 16 PROJAGR.RPT Page 60 G. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments,as now existing or hereafter amended,including the sponsor's application,eligible scope activities,project milestones,and the Standard Terms and Conditions ofthe project Agreement,all ofwhich are incorporated herein. I Except as provided herein,no amendment/deletions of any of the terms or conditions of this Agreement will be effective unless provided in writing. All such amendmenUdeletions must be signed by both parties except the RCO director may unilaterally make amendments to extend the period of performance. Period of performance extensions need only be signed by RCO's director or designee. H. COMPLIANCE WITH APPLICABLE STATUTES,RULES,AND RCFB-SRFB POLICIES This agreement is governed by,and the sponsor shall comply with,all applicable state and federal laws and regulations,including Chapter 79A.15 RCW,Chapter 286 WAC,and published agency policies,which are incorporated herein by this reference as if fully set forth. I. SPECIAL CONDITIONS None J. FEDERAL FUND INFORMATION (none) K. PROJECT GRANTAGREEMENT REPRESENTATIVE All written communications and notices under this Agreement will be addressed and sent to at least the mail address or the email address listed below if not both: Project Contact RCFB Name: Brian Levenhagen Recreation and Conservation Office Title: Assistant Park Planner Natural Resources Building Address: 220 4th Ave S PO Box 40917 Kent,WA 98032 Olympia,Washington 98504-0917 Email: bjlevenhagen@ci.kent.wa.us These addresses shall be effective until receipt by one party from the other of a written notice of any change. L. ENTIREAGREEMENT This Agreement,with all amendments and attachments,constitutes the entire Agreement of the parties. No other understandings,oral or otherwise,regarding this Agreement shall exist or bind any of the parties. M. EFFECTIVE DATE This Agreement,for project 12-1525A,shall be subject to the written approval of the RCO's authorized representative and shall not be effective and binding until executed by both the Sponsor and the RCO. Reimbursements for eligible and allowable casts incurred within the period of performance identified in Section D above are allowed only when this Agreement is fully executed and an original is received by RCO. VAN RP Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter 79A,15 RCW,Chapter 286 WAC Page 2 of 16 PROJAGR.RPT Page 61 The sponsods has read,fully understands,and agrees to be bound by all terms and conditions as set forth in this Agreement.The signators listed below represent and warrant their authority to bind the parties to this Agreement. Kent Parks,Rec&Comm Sew By: Date' Name: (printed) Title: State of Washington On behalf of the Recreation and Conservation Funding Board(RCFB) By: Date, Kaleen Cottingham Director Pre-approved as to form: By: /a/ Date: June 7,2013 Assistant Attorney General - WWRP Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter 79A.15 RCW, Chapter 286 WAC Page 3 of 16 PROJAGR.RPT Page 62 Standard Terms and Conditions of the Project Agreement Table of Contents Page SECTION 1. CITATIONS,HEADINGS AND DEFINITIONS............................................................ 6 li SECTION 2. PERFORMANCE BY THE SPONSOR..................................................................... 7 SECTION3. ASSIGNMENT........................................................................................I........... 7 SECTION 4. RESPONSIBILITY FOR PROJECT.........................................................I............... 7 SECTION5. INDEMNIFICATION............................................................................................. 7 SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR....................................................... 7 SECTION 7. CONFLICT OF INTEREST.................................................................................... 8 ''�. SECTION 8. ACKNOWLEDGMENT AND SIGNS........................................................................ 8 SECTION 9. COMPLIANCE WITH APPLICABLE LAW.,.......................... .................I................ 8 SECTION 10. HAZARDOUS SUBSTANCES.............................. ............................. ........... 9 SECTION11. RECORDS......................................................................................................... 9 SECTION 12. TREATMENT OF ASSETS.................................................................................... 9 SECTION 13. RIGHT OF INSPECTION...............................................................................I....... 10 SECTION 14. STEWARDSHIP AND MONITORING...................................................................... 10 SECTION 15. DEBARMENT CERTIFICATION.......................................................................I..... 10 III SECTION 16. PROJECT FUNDING.............................................................................I............. 10 SECTION 17. PROJECT REIMBURSEMENTS........................................................I................... 10 'I SECTION 18. ADVANCE PAYMENTS.......................................................... ............................ 11 SECTION 19. RECOVERY OF PAYMENTS................................................................................ 11 i SECTION 20. CONVENANT AGAINST CONTINGENT FEES...............................................I......... 11 I SECTION 21. PROVISIONS APPLYING TO DEVELOPMENT,RENOVATION AND RESTORATIONPROJECTS.....................................................................I............ 11 SECTION 22. PROVISIONS APPLYING TO ACQUISITION PROJECTS.......................................... 11 SECTION 23. RESTRICTION ON CONVERSION OF REAL PROPERTY AND/OR FACILITIES TO OTHER USES.......................................................I......... 12 SECTION 24. CONSTRUCTION,OPERATION,USE AND MAINTENANCE OFASSISTED PROJECTS...................................................................I.............. 12 SECTION 26. INCOME AND INCOME USE..... .......................................I.................................. 13 SECTION 26. PREFERENCES FOR RESIDENTS....................................................................... 13 VWdRP Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter 79A.15 RCW, Chapter 286 WAC Page 4 of 19 PROJAGR.RPT Page 63 PROVISIONS RELATED TO CORPORATE INCLUDING NONPROFIT SECTION27. ( 1 SPONSORS...................................................................................................... 13 SECTION 28. LIABILITY INSURANCE REQURRMENTS FOR FIREARMS AND ARCHERY RANGE SPONSORS................................................................... 13 SECTION 29. REQUIREMENTS OF THE NATIONAL PARK SERVICE.,........................................... 14 SECTION 30. FARMLAND PRESERVATION ACCOUNT............................................................. 14 SECTION 31. ORDER OF PRECEDENCE................................................................................. 14 !, SECTION 32. AMENDMENTS...................................................................I............................. 14 SECTION 33. LIMITATION OF AUTHORITY.............................................................................. 14 SECTION 34. WAIVER OF DEFAULT....................................................................................... 14 SECTION 35. APPLICATION REPRESENTATIONS-MISREPRESENTATIONS ICI OR INACCURACY OR BREACH................................. ...... ........................I.. SECTION 36. SPECIFIC PERFORMANCE................................................................................ 15 SECTION37. TERMINATION................................................................................................. 15 SECTION 38. DISPUTE HEARING.......................................................................................... 15 SECTION 39. ATTORNEYS'FEES.......................................................................................... 15 SECTION 40. GOVERNING LAWfVENUE........................................................I.....................— 16 SECTION 41. SEVERABILITY................................................................................................ 16 WWRP Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 5 of 16 PROJAGR.RPT Page 64 y " WASHINGTON STATE Recreation and Conservation Office Standard Terms and Conditions of the Project Agreement Project Sponsor: Kent Parks, Recreation&Community Services Project Number: 12-1525A Project Title: Huse/Soos Greek Property Acquisition Approval Date:7/1/2013 SECTION 1. CITATIONS,HEADINGS AND DEFINITIONS A. Any citations referencing specific documents refer to the current version at the date of project Agreement and/or any revisions in the future. B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. C. Definitions.As used throughout this Agreement,the following terms shall have the meaning set forth below; acquisition-The purchase of fee or less than fee interests in real property. These interests include, but are not limited to, conservation easements,access/trail easements,covenants,water rights,leases,and mineral rights. Agreement-The accord accepted by all parties to the present transaction;this Agreement,any supplemental Agreements,any amendments to this Agreement and any intergovernmental Agreements. applicant-Any agency or organization that meets the qualifying standards,including deadlines,for submission of an application soliciting a grant of funds from the funding Board. application-The documents and other materials that an applicant submits to the RCO to support the applicant's request for grant funds;this includes materials required for the"Application"in the RCO's automated project information system,and other documents as noted on the application checklist including but not limited to legal opinions,maps,plans,evaluation presentations and scripts. asset-Equipment purchased by the sponsor or acquired or transferred to the sponsor for the purpose of this Agreement.This definition is restricted to non-fixed assets, including but not limited to vehicles,computers or machinery. cognizant or oversight agency-Federal agency responsible for ensuring compliance with federal audit requirements. contractor-Shall mean one not in the employment of the sponsor who is performing all or part of the eligible activities for this project under a separate Agreement with the sponsor.The term"contractor"and"contractors"means contractor(s)in any tier. development-The construction of or work resulting in new elements,including but not limited to structures,facilities,and/or materials to enhance outdoor recreation,salmon recovery or habitat conservation resources. director-The chief executive officer of the Recreation and Conservation Office or that person's designee. elements,items and worktypes-Components of the funded project as provided in the project description. funding board-The board that authorized the funds in this Agreement,either the Recreation and Conservation Funding Board (RCFB)created under chapter 79A.25.110 RCW,or the Salmon Recovery Funding Board(SRFB)created under chapter 77.85.110 RCW. grantee-The organizational entity or individual to which a grant(or cooperative agreement)is awarded and signatory to the Agreement which is responsible and accountable both for the use of the funds provided and for the performance of the grant-supported project or activities. landowner agreement-A landowner agreement is required between a SRFB and/or RTP project sponsor and landowner for projects located on land not owned,or otherwise controlled,by the sponsor. lower tier participant-refers to any sponsor receiving a federal grant through RCO. Lower tier participants also refer to any grantee,subgrantee,or contractor of any grantee or subgrantee from the original sponsor funded by RCO. milestone-An important event with a defined deadline for an activity related to implementation of a funded project. period of performance-The time period specified in the Agreement,under Section D,period of performance. project-The undertaking that is the subject of this Agreement and that is,or may be,funded in whole or in part with funds administered by RCO on behalf of the funding board. RCO-Recreation and Conservation Office-The state office that provides administrative support to the Recreation and Conservation Funding Board and Salmon Recovery Funding Board.RCO includes the director and staff,created by Chapters 79A.25.110 and 79A.25.150 RCW and charged with administering this Agreement by Chapters 77.85.110 and 79A.25.240 RCW. reimbursement-Payment of eligible and allowable costs that have already been paid by the sponsor per the terms of the Agreement. renovation- The activities intended to improve an existing site or structure in order to Increase its service life or functions.This does not include maintenance activities. restoration-Bringing a site back to its original function as part of a natural ecosystem or improving the ecological functionality of a site. RTP-Recreational Trails Program-Afederal grant program administered by RCO that allows for the development and maintenance of backcountry trails. secondary sponsor-one of two or more eligible organizations that sponsors a grant-funded project.Of these two sponsors, only one-the primary sponsor-may be the fiscal agent. sponsor-The eligible applicant who has been awarded a grant of funds and is bound by this executed Agreement;includes its officers,employees,agents and successors. subgrantee-The government or other legal entity to which a subgrant is awarded and which is accountable to the grantee for the use of the funds provided. 1, WWRP Project Agreement-RCO#1 2-1525A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAG Page 6of 16 PROJAGR.RPT Page 65 i I SECTION 2. PERFORMANCE BY THE SPONSOR The sponsor,and secondary sponsor where applicable,shall undertake the project as described in this Agreement,post evaluation summary,the sponsor's application,and in accordance with the sponsor's proposed goals and objectives described in the application or documents submitted with the application,all as finally approved by the funding board.All submitted documents are incorporated by this reference as if fully set forth herein.The Order of Precedence is covered in Section 31. III. Timely completion of the project and submission of required documents,including progress and final reports,is important.Failure to meet critical milestones or complete the project,as set out in this Agreement,is a material breach of the Agreement. '... SECTION 3. ASSIGNMENT Neither this Agreement,nor any claim arising under this Agreement,shall be transferred or assigned by the sponsor without prior written consent of the Recreation and Conservation Office. - I SECTION 4. RESPONSIBILITY FOR PROJECT I While the funding board undertakes to assist the sponsor with the project by providing a grant pursuant to this Agreement,the project itself remains the sole responsibility of the sponsor.The funding board undertakes no responsibilities to the sponsor,a secondary sponsor,or to any third party, other than as is expressly set out in this Agreement.The responsibility for the implementation of the project is solely that of the sponsor,as is the responsibility for any claim or suit of any nature by any third party related in any way to the project. When a project is sponsored by more than one entity,any and all sponsors are equally responsible for the project and all post-completion stewardship responsibilities. SECTION S. INDEMNIFICATION The sponsor shall defend,indemnify,and hold the State and its officers and employees harmless from all claims,demands,or suits at law or equity arising in whole or in part from the actual or alleged acts,errors,omissions or negligence of,or the breach of any obligation under this Agreement by,the sponsor or the sponsor's agents,employees,subcontractors or vendors,of any tier,or any other persons for whom the sponsor may be legally liable. Provided that nothing herein shall require a sponsor to defend or indemnify the State against and hold harmless the State from claims,demands or suits based solely upon the negligence of,or breach of any obligation under this Agreement by the State,its agents,officers,employees,subcontractors or vendors,of any tier,or any other persons for whom the State may be legally liable. Provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the sponsor or the sponsor's agents,employees,subcontractors or vendors,of any tier,or any other persons for whom the Sponsor is legally liable, and(b)the '.. State its agents,officers,employees,subcontractors and or vendors,of any tier,or any other persons for whom the Slate may be legally liable,the indemnity obligation shall be valid and enforceable only to the extent of the sponsor's negligence or the negligence of the sponsor's agents,employees,subcontractors or vendors,of any tier,or any other persons for whom the sponsor may be legally liable. This provision shall be included in any Agreement between sponsor and any subcontractor and vendor,of any tier. The sponsor shall also defend,indemnify,and hold the State and its officers and employees harmless from all claims,demands,or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information,know-how,copyright rights or inventions by the sponsor or the sponsor's agents,employees,subcontractors or vendors,of any tier,or any other persons for whom the sponsor may be legally liable, in performance of the Work under this Agreement or arising out of any use in connection with the Agreement of methods,processes, designs,information or other items furnished or communicated to Slate,its agents,officers and employees pursuant to the Agreement;provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,patents,proprietary information,know-how,copyright rights or inventions resulting from State's, its agents',officers'and employees'failure to comply with specific written instructions regarding use provided to State,its agents, officers and employees by the sponsor,its agents,employees,subcontractors or vendors,of any tier,or any other persons for whom the sponsor may be legally liable. The sponsor specifically assumes potential liability for actions brought by the sponsor's own employees or its agents against the State and,solely for the purpose of this indemnification and defense,the sponsor specifically waives any immunity under the state industrial insurance law,Title 51 RCW. The RCO is included within the term State,as are all other agencies,departments,boards,or other entities of state government. SECTIONS. INDEPENDENT CAPACITY OF THE SPONSOR The sponsor and its employees or agents performing under this Agreement are not officers,employees or agents of the funding board or RCO.The sponsor will not hold itself out as nor claim to be an officer,employee or agent of RCO,a funding board or of the state of Washington,nor will the sponsor make any claim of right, privilege or benefit which would accrue to an employee under Chapters - 41.06 or 28B RCW. The sponsor is responsible for withholding and/or paying employment taxes,insurance, or deductions of any kind required by federal, WW RP Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 7 of 16 PROJAGR.RPT Page 66 state,and/or local laws. SECTION7. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may,in its sole discretion,by written notice to the sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in Public Service Act,Chapter 42.52 RCW;or any similar statute involving the sponsor in the procurement of,or performance under,this Agreement. In the event this Agreement is terminated as provided above, RCO shall be entitled to pursue the same remedies against the sponsor as it could pursue in the event of a breach of the Agreement by the sponsor.The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. SECTION& ACKNOWLEDGMENT AND SIGNS A. Publications.The sponsor shall include language which acknowledges the funding contribution of the applicable grant program to this project in any release or other publication developed or modified for,or referring to,the project during the project period and in the future. B. Signs.The sponsor also shall post signs or other appropriate media during the project period and in the future at project entrances and other locations on the project which acknowledge the applicable grant program's funding contribution,unless exempted in funding board policy or waived by the director. C. Ceremonies.The sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project.The sponsor shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies. D. Federally Funded Projects.When issuing statements,press releases,requests for proposals,bid solicitations,and other documents describing a project funded in whole or in part with federal money provided for in this grant,sponsors shall clearly state: 1. The percentage of the total costs of the project that is financed with federal money; 2. The dollar amount of federal funds for the project;and 3. The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources. SECTION 9. COMPLIANCE WITH APPLICABLE LAW The sponsor will implement the Agreement in accordance with applicable federal,state,and local laws,regulations and RCO and funding board policies regardless of whether the sponsor is a public or non-public organization. The sponsor shall comply with,and RCO is not responsible for determining compliance with,any and all applicable federal,state,and local laws,regulations,and/or policies,including,but not limited to:State Environmental Policy Act;Industrial Insurance Coverage; Architectural Barriers Act;permits(shoreline,Hydraulics Project Approval,demolition);land use regulations(critical areas ordinances, Growth Management Act);federal and state safety and health regulations(Occupational Safety and Health Administration/Washington Industrial Safety and Health Act);and Buy American Act. Endangered Species For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the sponsor shall not commence with clearing of npanan trees or in-water work unless either the sponsor has complied with 50 CFR 223.203(b)(8),limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration.Violation of this requirement maybe grounds for terminating this project Agreement. This section shall not be the basis for any enforcement responsibility by RCO. Nondiscrimination Laws The sponsor shall comply with all applicable federal,slate,and local nondiscrimination laws and/or policies,including but not limited to:the Americans with Disabilities Act;Civil Rights Act;and the Age Discrimination Act.In the event of the sponsor's noncompliance or refusal to comply with any nondiscrimination law or policy,the Agreement may be rescinded,cancelled,or terminated in whole or in part,and the sponsor may be declared ineligible for further grant awards from the funding board.The sponsor is responsible for any and all costs or liability arising from the sponsor's failure to so comply with applicable law. Wages and Job Safety The sponsor agrees to comply with all applicable laws,regulations,and policies of the United States and the State of Washington which affect wages and job safety. The sponsor agrees when state prevailing wage laws(RCW 39.12)are applicable,to comply with such laws,to pay the prevailing rate of wage to all workers,laborers,or mechanics employed in the performance of any part of this contract,and to file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as required by RCW 39.12.040. The sponsor also agrees to comply with the provisions of the Davis-Bacon Act,and other federal laws, and the rules and regulations of the Washington State Department of Labor and Industries. Archaeological and Cultural Resources The RCO reviews all applicable projects for potential impacts to archaeological sites and state cultural resources. The sponsor must comply with Executive Order 05-05 or the National Historic Preservation Act before initiating ground disturbing activity. - The funding board requires documented compliance with Executive Order 05-05 or Section 106 of the National Historic Preservation Act,whichever is applicable to the project. If a federal agency declines to consult,the sponsor shall comply with the requirements of WW RP Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 8 of 16 PROJAGR.RPT Page 67 Executive Order 05-05. In the event that archaeological or historic materials are discovered during project activities,work in the location of discovery and immediate vicinity must stop instantly,the area must be secured,and notification must be provided to the following:concerned Tribes'cultural staff and cultural committees,RCO, and the State Department of Archaeology and Historic Preservation. If human remains are discovered during project activity,work in the location of discovery and immediate vicinity must ! stop instantly,the area must be secured,and notification provided to the concerned Tribe's cultural staff and cultural committee, RCO, State Department of Archaeology,the coroner and local law enforcement in the most expeditious manner possible according to RCW 68.50 Restrictions on Grant Use No part of any funds provided under this grant shall be used,other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes,or for the preparation,distribution,or use of any kit,pamphlet,booklet,publication,radio, television,or video presentation designed to support or defeat legislation pending before the U.S.Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any sponsor,or agent acting for such sponsor,related to any activity designed to influence legislation or appropriations pending before the U.S.Congress or any state legislature. SECTION 10. HAZARDOUS SUBSTANCES A. Certification.The sponsor shall inspect,investigate,and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances,as defined in Chapter 70.105D.020(10)RCW,and certify: 1. No hazardous substances were found on the site,or 2. Any hazardous substances found have been treated and/or disposed of in compliance with applicable stale and federal laws,and the site deemed"clean." B. Responsibility.Nothing in this provision alters the sponsor's duties and liabilities regarding hazardous substances as set forth in Chapter 70.105D RCW. C. Hold Harmless.The sponsor will defend,protect and hold harmless RCO and any and all of its employees and/or agents,from and against any and all liability,cost(including but not limited to all costs of defense and attorneys'fees)and any and all loss of any nature from any and all claims or suits resulting from the presence of,or the release or threatened release of,hazardous substances on the property the sponsor is acquiring. SECTION 11. RECORDS A. Maintenance.The sponsor shall maintain books,records,documents,data and other evidence relating to this Agreement and performance of the services described herein,including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement.Sponsor shall retain such records for a period of six years from the date RCO deems the project complete,as defined in Section 17(C)below. If any litigation,claim or audit is started before the expiration of the six(6)year period,the records shall be retained until all litigation,claims,or audit findings involving the records have been resolved. B. Access to records and data.At no additional cost,the records relating to the Agreement,including materials generated under the Agreement,shall be subject at all reasonable times to inspection,review or audit by RCO,personnel duly authorized by RCO,the Office of the State Auditor,and federal and slate officials so authorized by law,regulation or Agreement.This includes access to all information that supports the costs submitted for payment under the grant and all findings,conclusions,and recommendations of the sponsor's reports, including computer models and methodology for those models. C. Public Records.Sponsor acknowledges that the funding board is subject to chapter 42.56 RCW and that this Agreement and any records sponsor submits or has submitted to the State shall be a public record as defined in chapter 42.56 RCW. Additionally,in compliance with RCW 77.85.130(8),sponsor agrees to disclose any information in regards to expenditure of any funding received from the SRFB. By submitting any record to the state sponsor understands that the State may be requested to disclose or copy that record under the state public records law,currently codified at RCW 42.56. The sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy such document to respond to a request under state public records laws. The Sponsor hereby agrees to release the State from any claims arising out of allowing such review or copying pursuant to a public records act request,and to indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state's defense of such claims. SECTION 12. TREATMENT OF ASSETS A. Assets shall remain in the possession of the sponsor for the duration of the project or applicable grant program.When the sponsor discontinues use of the asset(s)for the purpose for which it was funded,RCO will require the sponsor to deliver the asset(s)to RCO,dispose of the asset according to RCO policies,or return the fair market value of the asset(s)to RCO.Assets shall be used only for the purpose of this Agreement,unless otherwise provided herein or approved by RCO in writing. B. The sponsor shall be responsible for any loss or damage to assets which results from the negligence of the sponsor or which results from the failure on the part of the sponsor to maintain and administer that asset in accordance with sound management practices. WWR P Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 9 of 16 PROJAGR.RPT Page 68 SECTION 13. RIGHT OF INSPECTION The sponsor shall provide right of access to the project to RCO,or any of its officers,or to any other authorized agent or official of the state of Washington or the federal government,at all reasonable times,in order to monitor and evaluate performance,compliance, and/or quality assurance under this Agreement. If a landowner agreement or other form of control and tenure has been executed,it will further stipulate and define the funding board and RCO's right to inspect and access lands acquired or developed with funding board assistance. SECTION 14. STEWARDSHIP AND MONITORING Sponsor agrees to perform monitoring and stewardship functions as stated in policy documents approved by the funding boards or RCO.Sponsor further agrees to utilize,where applicable and financially feasible,any monitoring protocols recommended by the funding board. SECTION 16. DEBARMENT CERTIFICATION A. For Federally Funded Projects By signing the Agreement with RCO,the sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred,suspended,proposed for debarment,declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency. Further,the sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the Office of Inspector General Suspension and Debarment List at http:/Aw .gsaig.gov/index.cfm?LinkSeN[D=C4C89080-D2BE-D29A-96355D44Al 3E4356. The sponsor(prospective lower tier participant)shall provide immediate written notice to RCO if at any time the prospective lower tier participant learns that the above certification was not correct when submitted or has become erroneous by reason of changed circumstances. B. For Stale Funded Projects By signing the Agreement with RCO,the sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred,suspended,proposed for debarment,declared ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries. Further,the sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the"Contractors not Allowed to Bid on Public Works Projects"list at hltp://www.l n i.wa.g ovFrradesLicens i ng/P mvWage/Award ingAg en cies/Deba rredContractors/ SECTION 16. PROJECT FUNDING A. Additional Amounts.The funding board shall not be obligated to pay any amount beyond the dollar amount as identified in this Agreement, unless an additional amount has been approved in advance by the funding board or director and incorporated by written amendment into this Agreement. B. Before the Agreement.No expenditure made,or obligation incurred,by the sponsor before the project start date shall be eligible for grant funds,in whole or in part, unless specifically provided for by funding board policy,such as a waiver of retroactivity,or program specific eligible pre-Agreement costs.For reimbursements of such costs,this Agreement must be fully executed and an original received by RCO.The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement C. After the period of performance.No expenditure made,or obligation incurred,following the period of performance shall be eligible,in whole or in part,for grant funds hereunder.In addition to any remedy the funding board may have under this Agreement,the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. SECTION 17. PROJECT REIMBURSEMENTS A. This contract is administered on a reimbursement basis.The sponsors may only request reimbursement after eligible and allowable costs have already been paid by the sponsor and remitted to their vendors. RCO will then reimburse the sponsor for those costs based upon RCO's percentage as defined in Section F of the Project Agreement of the amount billed to RCO.RCO does not reimburse for donations which the sponsor may use as part of its percentage.All reimbursement requests must include proper documentation of expenditures as required by RCO. B. Compliance and Payment.The obligation of RCO to pay any amount(s)under this Agreement is expressly conditioned on strict compliance with the terms of this Agreement by the sponsor. C. Compliance and Retainage.RCO reserves the right to withhold disbursement of up to the final ten percent(10%)of the total amount of the grant to the sponsor until the project has been completed.A project is considered"complete"when: 1. All approved or required activities outlined in the Agreement are done; 2. On-site signs are in place(if applicable); 3. A fmal project report is submitted to and accepted by RCO; 4. Any other required documents are complete and submitted to RCO; 5. Afinal reimbursement request is submitted to RCO; 6. The completed project has been accepted by RCO; 7. Final amendments have been processed;and 8. Fiscal transactions are complete. WWRP Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 10 of 16 PROJAGR,RPT Page 69 9. RCO has accepted a final boundary map,if required for the project,for which the Agreement terms will apply in the future. D. Reimbursement Request Frequency.Sponsors are encouraged to send RCO a reimbursement request at least quarterly. Sponsors are required to submit a reimbursement request to RCO,at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30. Sponsors must refer to the most recently published/adopted RCO policies and procedures regarding reimbursement requirements. SECTION 18. ADVANCE PAYMENTS Advance payments of or in anticipation of goods or services to be provided under this Agreement are limited to grants approved by the SRFB and must comply with SRFB policy. See WAC 420-12-060(5). SECTION 19, RECOVERY OF PAYMENTS In the event that the sponsor fails to expend funds under this Agreement in accordance with state and federal laws,and/or the provisions of the Agreement,or meet its percentage of the project total,RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. The sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement.Repayment by the sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO.Interest shall accrue at the rate of twelve percent(12%)per annum from the time that payment becomes due and owing. SECTION 20. COVENANT AGAINST CONTINGENT FEES The sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an Agreement or understanding for a commission, percentage,brokerage or contingent fee,excepting bona fide employees or bona fide established agents maintained by the sponsor for the purpose of securing business. RCO shall have the right,in the event of breach of this clause by the sponsor,to terminate this Agreement without liability or,in its discretion,to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission,percentage,brokerage or contingent fee. SECTION 21. PROVISIONS APPLYING TO DEVELOPMENT,RENOVATIONAND RESTORATION PROJECTS The following provisions shall be in force only if the project described in this Agreement is for development,renovation and restoration of land or facilities for outdoor recreation,habitat conservation,or salmon recovery: A. Document Review and Approval.The sponsor agrees to submit one copy of all development,renovation,restoration or construction plans and specifications to RCO for review prior to implementation.Review and approval by RCO will be for compliance with the terms of this Agreement. B. Contracts for Development,Renovation,or Restoration.Sponsors must have a procurement process that follows applicable state and/or required federal procurement principles. If no such process exists the sponsor must follow these minimum procedures: (1)publish a notice to the public requesting bids/proposals forthe project(2)specify in the notice the date for submittal of bids/proposals(3)specify in the notice the general procedure and criteria for selection;and (4)comply with the same legal standards regarding unlawful discrimination based upon race,ethnicity,sex,or sex-orientation that are applicable to stale agencies in selecting a bidder or proposer. This procedure creates no rights for the benefit of third parties,Including any proposers,and may not be enforced or subject to review of any kind or manner by any other entity other than the RCO. Sponsors may be required to certify to the RCO that they have followed any applicable state and/or federal procedures or the above minimum procedure where state or federal procedures do not apply. C. Contract Change Order.Only change orders that impact the amount of funding or changes to the scope of the project as described to and approved by the funding board or RCO must receive prior written approval. D. Control and Tenure.The sponsor must provide documentation that shows appropriate tenure(landowner agreement,long term lease,easement,or fee simple ownership)for the land proposed for development, renovation or restoration. The documentation must meet current RCO requirements. E, Nondiscrimination.Except where a nondiscrimination clause required by a federal funding agency is used,the sponsor shall insert the following nondiscrimination clause in each contract for construction of this project: "During the performance of this contract, the contractor agrees to comply with all federal and state nondiscrimination laws,regulations and policies." F. Use of Best Management Practices. Project sponsors are encouraged to use best management practices developed as part of the Washington State Aquatic Habitat Guidelines(AHG)Program.The best management practices are described in three documents:"Stream Habitat Restoration Guidelines:Final Draft",2004;"Design of Road Culverts for Fish Passage',2003;and "Integrated Streambank Protection Guidelines",2002.These documents and other information can be found on the AHG website. SECTION 22. PROVISIONS APPLYING TO ACQUISITION PROJECTS The following provisions shall be in force only if the project described in this Agreement is for the acquisition of interest in real property (including easements)for outdoor recreation,habitat conservation,salmon recovery purposes,or farmland preservation: A Evidence of Land Value. Before disbursement of funds by RCO as provided under this Agreement,the sponsor agrees to supply documentation acceptable to RCO that the cost of the property rights acquired has been established according to funding board policy. WW RP Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 11 of 16 PROJAGR.RPT Page 70 B, Evidence of Title.The sponsor agrees to provide documentation that shows the type of ownership interest for the property that has been acquired.This shall be done before any payment of financial assistance. C. Legal Description of Real Property Rights Acquired.The legal description of the real property rights purchased with funding assistance provided through this project Agreement(and protected by a recorded conveyance of rights to the State of Washington)shall be incorporated into the Agreement before final payment. D. Conveyance of Rights to the State of Washington.Document securing long-term rights for the State of Washington. When real property rights(both fee simple and lesser interests)are acquired,the sponsor agrees to execute an appropriate document conveying certain rights and responsibilities to RCO,on behalf of the State of Washington. These documents include a Deed of Right,Assignment of Rights,Easements and/or Leases. The sponsor agrees to use document language provided by RCO,to record the executed document in the County where the real property lies,and to provide a copy of the recorded document to RCO.The document required will vary depending on the project type,the real property rights being acquired and whether or not those rights are being acquired in perpetuity. 1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve,protect,and/or use the property for public purposes consistent with the fund source. Sponsors shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the sponsor has acquired a perpetual easement for public purposes. 2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to RCO. Sponsors shall use this document when an easement or lease is being acquired for habitat conservation or salmon recovery purposes. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. ICI 3. Easements and Leases. The sponsormay incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document,thereby eliminating the requirement for a separate document. Language will depend on the situation;sponsor must obtain RCO approval on the draft language prior to executing the easement or lease. E. Real Property Acquisition and Relocation Assistance 1. When federal funds are part of this Agreement,the Sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,84 Stat. 1894(1970)--Public Law 91-646,as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100-17-1987,and applicable regulations and procedures of the federal agency implementing that Act. 2. When state funds are part of this Agreement,the sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington,Chapter 8.26 RCW,and Chapter 468-100 WAC. 3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection(1) above and/or state law set out in subsection(2)above,are involved in the execution of this project,the sponsor agrees to - provide any housing and relocation assistance required. F. Buildings and Structures. In general,grant funds are to be used for outdoor recreation,habitat conservation,or salmon recovery. Sponsors agree to remove or demolish ineligible structures. Sponsors must consult RCO regarding compliance with section 9- Archaeological and Cultural Resources before structures are removed or demolished. SECTION 23. RESTRICTION ON CONVERSION OF REAL PROPERTYAND/OR FACILITIES TO OTHER USES The sponsor shall not at any time convert any real property or facility acquired,developed,renovated,and/or restored pursuant to this Agreement to uses other than those purposes for which funds were approved without prior approval of the funding board in compliance with applicable statutes,rules,and funding board policies. It is the intent of the funding board's conversion policy,current or as amended in the future,that all real property or facilities acquired,developed,renovated,and/or restored with funding assistance remain in the public domain in perpetuity unless otherwise identified in the Agreement or as approved by the funding board. Determination of whether a conversion has occurred shall be based upon applicable law and RCFB/SRFB policies. For acquisition projects that are term limited,such as one involving a lease or a term-limited restoration,renovation, or development project or easement,this restriction on conversion shall apply only for the length of the term,unless otherwise provided in written documents or required by applicable state or federal law. In such case,the restriction applies to such projects for the length of the term specified by the lease,easement,deed,or landowner agreement. When a conversion has been determined to have occurred,the sponsor is required to remedy the conversion per established funding board policies. SECTION 24. CONSTRUCTION,OPERATION,USE AND MAINTENANCE OF ASSISTED PROJECTS For acquisition,development,renovation and restoration projects,sponsors must ensure that properties or facilities assisted with funding board funds,including undeveloped sites,are built,operated,used,and maintained: A. According to applicable federal,state,and local laws and regulations,including public health standards and building codes. B. In a reasonably safe condition for the project's intended use. C. Throughout its estimated life so as to prevent undue deterioration. WWRP Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 12 of 16 PROJAGR.RPT Page 71 i D. In compliance with all federal and state nondiscrimination laws,regulations and policies. For acquisition,development,renovation and restoration projects,facilities open and accessible to the general public must: E. Be constructed and maintained to meet or exceed the minimum requirements of the most current local or state codes,Uniform Federal Accessibility Standards,guidelines,or rules,including but not limited to:the International Building Cade,the Americans '.. with Disabilities Act,and the Architectural Barriers Act,as updated. F. Appear attractive and inviting to the public except for brief installation,construction,or maintenance periods. G. Be available for use by the general public without reservation at reasonable hours and times of the year,according to the type of area or facility. '.... SECTION 25. INCOME AND INCOME USE A. Income. 1. Compatible source.The source of any income generated in a funded project or project area must be compatible with the funding source and the Agreement 2. Fees.User and/or other fees may be charged in connection with land acquired or facilities developed with funding board grants if the fees are consistent with the: (a) Value of any service(s)furnished; (b) Value of any opportunities furnished;and (c) Prevailing range of public fees in the state for the activity involved. Excepted are Firearms and Archery Range Recreation Program safety classes(firearm and/or hunter)for which a facility/range fee must not be charged(Chapter 79A.25.210 RCW). B, Income use.Regardless of whether income orfees in a project work site(including entrance,utility corridor permit,cattle grazing, timber harvesting,farming,etc.)are gained during or afterthe reimbursement period cited in the Agreement,unless precluded by state or federal law,the revenue may only be used to offset: 1. The sponsor's matching funds; 2. The project's total cost; 3. The expense of operation,maintenance,stewardship, monitoring,and/or repair of the facility or program assisted by the funding board grant; q. The expense of operation,maintenance,stewardship,monitoring,and/or repair of other similar units in the sponsor's system;and/or 5. Capital expenses for similar acquisition and/or development. SECTION 26. PREFERENCES FOR RESIDENTS Sponsors shall not express a preference for users of grant assisted projects on the basis of residence(including preferential reservation,membership,and/or permit systems)except that reasonable differences in admission and other fees may be maintained on the basis of residence.Even so,the funding board discourages the imposition of differential fees.Fees for nonresidents must not exceed twice the fee imposed on residents.Where there is no fee for residents but a fee is charged to nonresidents,the nonresident fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities. SECTION 27. PROVISIONS RELATED TO CORPORATE(INCLUDING NONPROFIT)SPONSORS A corporate sponsor,including any nonprofit sponsor,shall: A. Maintain corporate status with the state,including registering with the Washington Secretary of State's office,throughout the sponsor's obligation to the project as identified in the Agreement. B. Notify RCO prior to corporate dissolution, Within 30 days of dissolution the sponsor shall name a qualified successor that will agree in writing to assume any on-going project responsibilities.A qualified successor is any party eligible to apply for.funds in the subject grant program and capable of complying with the terms and conditions of this Agreement.RCO will process an amendment transferring the sponsor's obligation to the qualified successor if requirements are met. C. Sites or facilities open to the public may not require exclusive use,(e.g.,members only). SECTION 28. LIABILITY INSURANCE REQUIREMENTS FOR FIREARMS AND ARCHERY RANGE SPONSORS A. The sponsor of a firearms or archery range recreation project shall procure an endorsement,or other addition,to liability insurance it may currently carry,or shall procure a new policy of liability insurance,in a total coverage amount the sponsor deems adequate to ensure it will have resources to pay successful claims of persons who may be killed or injured,or suffer damage to property,while present at the range facility to which this grant is related,or by reason of being in the vicinity of that facility;provided that the coverage shall be at least one million dollars($1,000,000)for the death of,or injury to,each person. B. The liability insurance policy,including any endorsement or addition,shall name Washington Slate,the funding board,and RCO as additional insured and shall be in a form approved by the funding board or director. WWRP Project Agreement-RCO#1 2-1525A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 13 of 16 PROJAGR.RPT Page 72 C. The policy,endorsement or other addition,or a similar liability insurance policy meeting the requirements of this section,shall be kept in force throughout the sponsor's obligation to the project as identified in this Agreement. D. The policy,as modified by any endorsement or other addition,shall provide that the issuing company shall give written notice to RCO not less than thirty(30)calendar days in advance of any cancellation of the policy by the insurer,and within ten(10) calendar days following any termination of the policy by the sponsor. E. The requirement of Subsection A through D above shall not apply if the sponsor is a federal,state,or municipal government which has established a program of self-insurance or a policy of self-insurance with respect to claims arising from its facilities or activities generally,including such facilities as firearms or archery ranges,when the applicant declares and describes that program or policy as a part of its application to the funding board. F. By this requirement,the funding board and RCO does not assume any duty to any individual person with respect to death,injury, or damage to property which that person may suffer while present at,or in the vicinity of,the facility to which this grant relates. Any such person,or any other person making claims based on such death,injury,or damage,must look to the sponsor,or others,for any and all remedies that may be available by law. - SECTION 29. REQUIREMENTS OF THE NATIONAL PARK SERVICE If the project has been approved by the National Park Service,US Department of the Interior,for funding assistance from the federal Land and Water Conservation Fund(LWCF),the"Project Agreement General Provisions"in the LWCF State Assistance Program Federal Financial Assistance Manual are also made part of this Agreement. The sponsor shall abide by these LWCF General Provisions,in addition to this Agreement,as they now exist or are hereafter amended. Further,the sponsor agrees to provide RCO with reports or documents needed to meet the requirements of the LWCF General Provisions. SECTION 30. FARMLAND PRESERVATION ACCOUNT For projects funded through the Washington Wildlife and Recreation Program Farmland Preservation Account,the following sections will not apply if covered separately in a recorded RCO approved Agricultural Conservation Easement. • Section 8-Acknowledgement and Signs, • Section 10-Hazardous Substances, • Section 14-Stewardship and Monitoring • Section 22-Provisions Applying to Acquisition Projects,Sub-sections F and G. • Section 23-Restriction on Conversion of Real Property and/or Facilities to Other Uses, • Section 24-Construction,Operation,Use and Maintenance of Assisted Projects,Sub-sections E,F,G,and • Section 25-Income and Income Use SECTION 31. ORDER OF PRECEDENCE This Agreement is entered into,pursuant to,and under the authority granted by applicable federal and state laws.The provisions of the Agreement shall be construed to conform to those laws.In the event of an inconsistency in the terms of this Agreement,or L. between its terms and any applicable statute,rule,or policy or procedure,the inconsistency shall be resolved by giving precedence in the following order: '.. A. Applicable federal and/or state statutes, regulations,policies and procedures including RCO/funding board policies and procedures,applicable federal Office of Management and Budget(OMB)circulars and federal and state executive orders; B. Project agreement including attachments; C. Special Conditions; I'�I D. Standard Terms and Conditions of the Project Agreement. ii SECTION 32. AMENDMENTS Amendments to this Agreement shall be binding only if in writing and signed by personnel authorized to bind each of the parties except period of performance extensions and minor scope adjustments need only be signed by RCO's director or designee. SECTION 33. LIMITATION OF AUTHORITY Only RCO or RCO's delegate by writing(delegation to be made prior to action)shall have the express,implied,or apparent authority to alter,amend,modify,or waive any clause or condition of this Agreement.Furthermore,any alteration,amendment,modification,or li waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by RCO. SECTION 34. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default.Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing,signed by the director,or the director's designee,and attached to the original Agreement. SECTION 36. APPLICATION REPRESENTATIONS--MISREPRESENTATIONS OR INACCURACY OR BREACH The funding board and RCO rely on the sponsor's application in making its determinations as to eligibility for,selection for,and scope of,funding grants.Any misrepresentation,error or inaccuracy in any part of the application may be deemed a breach of this Agreement. WWRP Project Agreement-RCO#12-1626A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 14 of 16 PROJAGR.RPT Page 73 SECTION 36. SPECIFIC PERFORMANCE The funding board and RCO may enforce this Agreement by the remedy of specific performance,which usually will mean completion of the project as described in this Agreement.However,the remedy of specific performance shall not be the sole or exclusive remedy available to RCO.No remedy available to the funding board or RCO shall be deemed exclusive.The funding board or RCO may elect to exercise any,a combination of,or all of the remedies available to it under this Agreement,or under any provision of law,common law,or equity. SECTION 37. TERMINATION The funding board and RCO will require strict compliance by the sponsor with all the terms of this Agreement including,but not limited to,the requirements of the applicable statutes,rules and all funding board and RCO policies,and with the representations of the sponsor in its application for a grant as finally approved by the funding board A. For Cause. The funding board or the director may suspend or terminate the obligation to provide funding to the sponsor under this Agreement: i. In the event of any breach by the sponsor of any of the sponsor's obligations under this Agreement;or ii. If the sponsor fails to make progress satisfactory to the funding board or director toward completion of the project by the completion date set out In this Agreement. Included in progress is adherence to milestones and other defined deadlines In the event this Agreement is terminated by the funding board or director,under this section or any other section after any portion of the grant amount has been paid to the sponsor under this Agreement,the funding board or director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived. B. Non Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period,RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a continuous period of one year,RCO's obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the sponsor. C. For Convenience. Except as otherwise provided in this Agreement,RCO may,by ten(10)days written notice,beginning on the second day after the mailing,terminate this Agreement,in whole or in part.If this Agreement is so terminated,RCO shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. SECTION 38. DISPUTE HEARING Except as may otherwise be provided in this Agreement,when a dispute arises between the sponsor and the funding board,which cannot be resolved,either party may request a dispute hearing according to the process set out in this section.Either party's request for a dispute hearing must be in writing and clearly state: A. The disputed issues; B. The relative positions of the parties; C. The sponsors name, address,project title,and the assigned project number. In order for this section to apply to the resolution of any specific dispute or disputes,the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues.The dispute shall be heard by a panel of three persons consisting of one person chosen by the sponsor,one person chosen by the director,and a third person chosen by the two persons initially appointed.If a third person cannot be agreed on,the third person shall be chosen by the funding board's chair. Any hearing under this section shall be informal,with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved.The process may be solely based on written material if the parties so agree.The disputes panel shall be governed by the provisions ofthis Agreement in deciding the disputes. The parties shall be bound by the decision of the disputes panel,unless the remedy directed by that panel shall be without the authority of either or both parties to perform,as necessary,or is otherwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party.The request shall be delivered or mailed within thirty(30)days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute.The written Agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty(30)days of receipt by the receiving party of the request. Al costs associated with the implementation of this process shall be shared equally by the parties. SECTION 39. ATTORNEYS'FEES In the event of litigation or other action brought to enforce contract terms,each party agrees to bear its own attorney fees and costs. WW RP Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter79A.15 RCW,Chapter 286 WAC Page 15 of 16 '.. PROJAGR.RPT Page 74 SECTION 40. GOVERNING LAWIVENUE This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit involving this Agreement,venue shall be in Thurston County Superior Court if legally proper;otherwise venue shall be in a county where the project is situated.The sponsor,by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington. In the cases where this Agreement is between the funding board and a federally recognized Indian Tribe,the following governing ',. law/venue applies: A: Notwithstanding the above venue provision,if the State of Washington intends to initiate a lawsuit against a federally recognized Indian tribe relating to the performance,breach or enforcement of this Agreement,it shall so notify the Tribe. If the Tribe believes that a good faith basis exists for subject matter jurisdiction of such a lawsuit in federal court,the Tribe shall so notify the State within five days of receipt of such notice and state the basis for such jurisdiction. If the Tribe so notifies the State,the State shall bring such lawsuit in federal court;othervvise the State may sue the Tribe in the Thurston County Superior Court. Interpretation of the Agreement shall be according to applicable State law,except to the extent preempted by federal or tribal law. In the event suit is brought in federal court and the federal court determines that it lacks subject matter jurisdiction to resolve the dispute between the State and Tribal Party,then the parties agree to venue in Thurston County Superior Court. '.. B. Any judicial award,determination,order,decree or other relief,whether in law or equity or otherwise,resulting from such a lawsuit shall be binding and enforceable on the parties. Any moneyjudgment or award against a Tribe,tribal officers and ',.. members,or the State of Washington and its officers and employees may exceed the amount provided for in Section F-Project '.. Funding of the Agreement in order to satisfy the judg ment. C. The Tribe hereby waives its sovereign immunity for suit in state court for the limited purpose of allowing the State to bring such actions as it determines necessary to give effect to this section and to the enforcement of any judgment relating to the performance or breach of this Agreement. This waiver is not for the benefit of any third party and shall not be enforceable by any third party or by any assignee of the parties.In any enforcement action,the parties shall bear their own enforcement costs, including attomeys'fees. For purposes of this provision,the State includes the RCO and any other state agencies that may be assigned or otherwise obtain the right of the RCO to enforce this Agreement. SECTION 41. SEVERABILITY The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. '.. i WWRP Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 16 of 16 PROJAGR.RPT Page 75 Legal Description Project Sponsor: Kent Parks, Rec&Comm Sery Project Number: 12-1525 A Project Title: Huse/Soos Creek Property Acquisition RCO Approval: 07YO112013 Works ite Name Property Name Legal Description Worksite#1 Huse Property Huse Property The legal description of the property purchased with funding assistance provided through this Project Agreement (and protected by a recorded Deed-of-Right) shall be amended into the Project Agreement prior to reimbursement of the final payment. LEGALOSC.RPT September 10,2013 Page 1 Page 76 Eligible Scope Activities Project Sponsor: Kent Parks, Recreation &Community Services Project Number: 12-1525 Project Title: Huse/Soos Creek Property Acquisition Project Type: Acquisition Program: WWRP-Local Parks Approval: 7/1/2013 Project Metrics Project Acquisition Project acres by purpose type: Farmland Preservation 0.00 '... Habitat Restoration 10.70 Habitat Conservation 15.00 Public Access 33.70 Developed Recreation 8.00 Acquisition Metrics Property: Huse Property (Worksite#1, Huse Property) Real Property Acquisition Land Acres by Acreage Type(fee simple): Wetlands 12.00 Uplands 21,70 Existing structures on site: Structures to be demolished Clean up of hazardous substances required (yes/no): No Incidentals Standard Incidentals Demolition Buildings/structures to be demolished: House at 13417 SE 216th Street, built in 1961. House at 13427 SE 216th, Street built around 1972. One barn of undetermined age that does not have an assessed value, Fencing (Acq) j Number of miles of fencing to be built: 1,00 Administrative Costs(Acq) '.., Administrative costs(Acq) ELIGREIM.RPT September 10,2013 Page: 1 Page 77 Milestone Report By Project Project Number: 12-1525 A Project Name: Huse/Sons Creek Property Acquisition Sponsor: Kent Parks, Rec&Comm Sery Project Manager: Laura Moxham r r- X OrderAppraisal(s) 12/31/2009 X I Purchase Agreement Signed 0 6130/2 0 1 0 X I Acquisition Closing 07/31/2010 Acquired through a Waiver of Retroactivity, Waiver#W10-29 X I Cultural Resources Complete 07/10/2013 RCO has completed cultural resources consultation with Native American tribes and the Department of '.. Archaeology and Historic Preservation. No further cultural resource investigation is required. DAHP Log No:061013-03-RCFB X I Order Appraisal Review(s) 08/20/2013 Project Start 09/06/2013 Recorded Acq Documents to RCO 10/31/2013 Noxious Weed Control Complete 1 113 0/20 1 3 i Progress Report Submitted 12/15/2013 I Annual Project Billing 07/31/2014 Progress Report Submitted 07/31/2014 Fencing Complete 10/31/2014 Demolition Complete 12/31/2014 Funding Acknowl Sign Posted 12/31/2014 I Agreement End Date 12/31/2014 Final Billing to RCO 02/1 512 0 1 5 Final Report in PRISM 02/28/2015 X=Milestone Complete !=Critical Milestone '.. ( 1MILESTO.RPT September 10,2013 Page: 1 Page 78 Page 79 I' PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 ® Fax: 253-856-6050 KEN WASH, NG1. Address: 220 Fourth Avenue S. !, Kent, WA. 98032-5895 October 17, 2013 TO: Kent City Council Parks and Human Services Committee FROM: Hope Gibson, Manager Parks Planning and Development THROUGH: Jeff Watling, Director Parks, Recreation, and Community Services SUBJECT: D. A. Hogan Consultant Agreement - Authorize MOTION: Move to recommend authorizing the Mayor to sign the Consultant Agreement with D. A. Hogan and Associates for $26,450 for the Wilson Sports Field Synthetic Turf Renovation project, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. SUMMARY: The city's only synthetic sports field is very close to the end of its useful life. Increasing levels of maintenance have kept the field playable and safe, but the wear continues. The anticipated cost of the replacement, at over a million dollars, has prevented the city from replacing the turf to this point, due to a lack of resources. However, with the recent state grant and the improved revenue outlook, Parks has put together options for funding this number 1 priority parks capital project. This contract, if approved, will procure the needed design and construction observation work necessary for a successful renovation project. D. A. Hogan is a nationally regarded firm specializing in artificial turf construction and replacement design. Construction is anticipated to commence in late first quarter of 2014. Approval for construction in the form of a bid award will come before City Council in early 2014. EXHIBITS: Consultant agreement BUDGET IMPACTS: The expenditures for this project are from the Parks capital budget. i I Page 80 Page 81 L Itl w..s Ni NcroN CONSULTANT SERVICES AGREEMENT between the City of Kent and D. A. Hogan & Associates, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and D. A. Hogan & Associates, Inc., organized under the laws of the State of [Insert State Co. Formed Under], located and doing business at 119 15C Avenue South, Suite 110, Seattle, WA 98104; David L. Anderson, davea@dahogan.com., (206) 285-0400 (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: Provide landscape architectural services, from design through construction, for the Wilson Sports Fields Synthetic Turf Renovation project, per attached proposal incorporated herein as Exhibit A. 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 June 30, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $26,450, 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 82 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 83 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 84 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) Page 85 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: David L. Anderson Hope Gibson D. A. Hogan & Associates, Inc. City of Kent 119 Ist Avenue South, Suite 110 220 Fourth Avenue South Seattle, WA 98104 Kent, WA 98032 206-285-0400 (telephone) (253) 856-5112 (telephone) (facsimile) (253) 856-6050 (facsimile) APPROVED AS TO FORM: Kent Law Department [V',/Vianning/Wilson Turt/Hogan Design COOtraQ CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) Page 86 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. Dated this day of 20 . By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 Page 87 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. 1 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 88 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: EEO COMPLIANCE DOCUMENTS - 3 October 1, 2013 Hope Gibson KUL] D A H O G A N City of Kent Planning& Development Parks, Recreation &Community Services Proposal for Professional Engineering & Landscape Architecture Services for the Wilson Playfields Synthetic Turf Replacement PROJECT UNDERSTANDING D.A. Hogan &Associates, Inc. is pleased to submit this Scope of Services and Fee Proposal for the proposed synthetic turf field replacement at the Wilson Playfields. The project schedule is assumed to have construction occurring during the winter of 2014 with the following scope of work: 1. Removal of existing infilled synthetic turf 2. Repair/re-grade existing permeable aggregate base 3. Expand the synthetic turf surfacing areas to encompass the current rubberized warning track 4. Repair existing edge anchor as required 5. Modifications to the existing perimeter fencing and netting 6. Install new infilled synthetic turf system Attached please find the following: Schedule A-Scope of Services Schedule B-Fee Proposal Please do not hesitate to contact me if you need further information. On behalf of D.A. Hogan & Associates,we look forward to working with the City of Kent on this project. Sincerkogan & D vid PC;0rincipal D. ciates, Inc. D.A. Hogan&Associates,Inc. (206) 285-0400 Tel 119 fah Avenue South,Suite 110 (206)285-0480 Fax Seattle,WA98104 Page 90 SCHEDULE A Professional Consulting Services for Wilson Playfields Synthetic Turf Field Replacements SCOPE OF SERVICES 1.1 PHASE 1—CONSTRUCTION DOCUMENT DESIGN PHASE A. Final design of all systems and components B. Working drawings and construction details. C. Prepare a proposed design and construction schedule for review and approval by the Owner D. Confirm design program elements and areas of responsibility with Owner E. Participate in planning meetings to establish a final scope of work and construction for the project F. Facilitate synthetic turf workshop and technical presentations for the Field Committee if requested G. Calculation of construction cost estimates H. Consultation to Owner as requested I. Construction specifications J. Bidding documents K. Update construction estimates as appropriate, Configure bid documents to keep project within estimated MACC 1.2 PHASE 2—BIDDING PHASE A. Attend pre-bid conference. B. Respond to questions by prospective bidders and subcontractors. C. Issue information for inclusion with addendum(s) as may be appropriate. D. Review of bids received, consultation and recommendations to Ownerfor award of applicable items. 1.3 PHASE 3—CONSTRUCTION PHASE A. Coordinate and attend pre-construction conference with role of Owner's Representative. Distribute minutes as appropriate. B. Endorse for approval ordisapproval all materials and equipment submitted by the Contractor. C. Attend construction progress meetings with the Contractor and Owner. Take meeting minutes and distribute as appropriate. D. Conduct surveillance of construction to include visits to the site to observe the progress and quality of the work. Inspections to be coordinated and will occur concurrent with weekly construction meetings at the following approximate schedule: 1. After turf removal at completion of finish grading adjustment to the existing permeable aggregate base 2. At completion of the seaming of turf and installation of the inlaid lines and markings priorto the installation of the infill materials Wilson Playfields Turf Replacement Study '... Scope of Work and Fee Proposal Page 2 of 4 Page 91 3. At completion of field surface and infill installation to generate a punch list and to establish substantial completion 4. After completion of all punch list items to certify final acceptance E. Monitor construction progress and quality with decisions relative to contract performance. Document all progress with reports as appropriate. F. Issue instructions for and of the Owner to the Contractor and prepare RFI,field directives and changes orders, if applicable. G. Guard the Owner against deficiencies in the work and approve or disapprove work in conformance with the contract documents. H. Keep the Owner advised as to the progress of the work. I. Assure for the Owner that the completed project will conform to the requirements of the contract documents. J. Complete substantial completion inspection and generate and distribute discrepancy(punch list) items. K. Review and process contractor progress payment requests. L. Prepare and execute on behalf of the owner all changes to the work including Construction Change Directives (CCD), Change Order Proposals (COP) and Change Orders (CO). Tabulate and respond to Requests for Information from Contractor. M, Final inspection and certification of completion. N. Warranty O&M Review. 1.4 WORK NOT INCLUDED A. Full-time, on-site inspection B. Construction site survey and construction control bench marks C. Cost of printing of review, bidding, and distribution costs D. Permit and Plan Check fees assessed by permit authorities. E. Laboratory charges for construction testing 1.5 OWNER'S RESPONSIBILITIES A. Assist the Consultant by placing at his disposal all available information pertinent to the site. B. Advertise for proposals from bidders and administer the opening of bids. C. Prepare such legal,accounting and auditing services as may be required by the Owner. D. With the assistance of the Consultant, obtain approval of all governmental authorities that have jurisdiction over the project. E. Designate a person to act as Owner's Representative. Wilson Playfields Turf Replacement Study Scope of Work and Fee Proposal Page 3 of 4 Page 92 Professional Consulting Services for Wilson Playfields Synthetic Turf Field Replacements 1.6 COMPENSATION AND PAYMENTTO CONSULTANT A. We offer a lump-sum fee for all basic scope work as follows: Construction Documents through Closeout $26,450 B. All Contractor construction negotiations and change order processing within original scope of project is included in this amount. C. Progress payment for Consulting work to be as follows: Completion of Bid Documents $10,770 Completion of Bidding Phase $2,360 Completion of Construction $13,320 Total $26,450 D. Compensation for additional services that may be requested by the Owner shall be as follows: Principal Engineer $160.00 per hour Principal Landscape Architect $160.00 per hour Associate Principal Landscape Architect $145.00 per hour Project Engineer $145.00 per hour Landscape Architect $90.00 per hour Technical Staff $80.00 per hour Administrative $45.00 per hour E. Expenses,outlined in paragraph 1.5 plus contracting, laboratory testing for construction quality control, etc., as requested and authorized by owner to be paid by our firm shall be reimbursed at actual cost plus 5%administrative fee. n avi .Anderson, P:E. Principal Engineer Wilson Playfields Turf Replacement Study Scope of Work and Fee Proposal Page 4 of 4 Page 93 EXHIBIT S INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or its equivalent, with minimum limits of $3,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an Additional Insured under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City. All endorsements adding Additional Insureds shall be issued on form CG 20 10 1185 or a form deemed equivalent, providing the Additional Insureds with all policies and endorsements set forth in this section. 2. 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with minimum limits of $3,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any I Page 94 EXHIBIT B (Continued) combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. 2. Automobile Liability insurance with a minimum combined single it for bodily injury and property damage of $1,000,000 per accident. 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: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Contractor's Insurance for Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. Page 95 EXHIBIT B (Continued) E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. G. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. H. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. Page 96 Page 97 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director 40 7Phone: 253-856-5100 ® Fax: 253-856-6050 WASH, NGT� Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 October 17, 2013 TO: Kent City Council Parks and Human Services Committee FROM: Hope Gibson, Manager Parks Planning and Development THROUGH: Jeff Watling, Director Parks, Recreation, and Community Services SUBJECT: Kent Valley Loop Trail Master Plan Update - INFO ONLY i MOTION: INFO ONLY I i SUMMARY: The regionally significant Green River and Interurban trails intersect near the southern tip of the city. The goal of this project is to create a master plan for identifying a route for connecting the two trails at the northern end of the city, increasing the recreational value of the trails and adjacent parks, and better connecting the trails to the surrounding community. In order to achieve these goals, we will need to address some of the trails' current challenges, as well as balance recreational goals with other public priorities, including habitat restoration and flood control. In August, Parks set up an online survey, seeking input from the community. Response was terrific, with 275 surveys submitted, most of them fairly detailed. The survey answers were compiled and supplied to the project consultant team, as well as posted online. The survey was well-publicized, with an article appearing in the Kent Reporter, as well as spots on the city's website, Facebook page, and resident newsletter. Also, promotional signs were placed in a variety of locations along both trails. The consultant is here tonight, to assist staff with an update on the project. EXHIBITS: None BUDGET IMPACTS: The expenditures for this project are from the King County Paths and Trails budget. ill i Page 98 Page 99 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 ® Fax: 253-856-6050 K T Wd SHINGTON Address: 220 Fourth Avenue 5. Kent, WA. 98032-5895 October 17, 2013 TO: Kent City Council Parks and Human Services Committee FROM: Jeff Watling, Director of Parks, Recreation & Community Services SUBJECT: 2013 Third Quarter Report - INFO ONLY MOTION: INFO ONLY SUMMARY: Jeff Watling, Director of Parks, Recreation and Community Services, will highlight division programs and services, as well as all in-kind, and/or cash contributions received during the third quarter of 2013. EXHIBITS: None BUDGET IMPACT: None i j I i Page 100 Page 101 Kent Parks, Recreation and Community Services 2013 Third Quarter Report Recreation Adaptive Recreation Program / Service Highlights Studio 315 continues to be in high demand and by far the most popular program. Participants enjoyed the annual BBQ at Van Doren's Landing, Box Dinner Bingo, the Summer Beach Party and an Ice Cream Social. There were eleven community outings this winter. Some of which included Theo Chocolate Factory Tour, MOHAI, Aplets and Cotlets Factory Tour in Cashmere, Hiking at Mount St. Helens, and Brunch and a Movie. Creative ArtSpace: Offers an opportunity for creative expression through a variety of art mediums. 23 participants fine-tuned their artistic skills in two - 6 day classes. Softball and T-Ball had a great season. Two teams involving 22 athletes both participated in the Special Olympics Regional Tournament in Issaquah. The masters 6 team took 6t" overall. The masters 5 team took home the gold and then went onto the State Tournament to take the silver medal. T-Ball had 21 athletes who participated in the Special Olympics Regional Tournament. They took home the bronze medal out of a 7 team bracket. Access the Future Computer Classes were at capacity with 2 full rosters of 7 participants. Students learned a variety of computer skills during the 7 day program. Zumba Gold is not just a passing fad! 10 students increased their fitness levels while dancing to high energy Latin music and having fun with friends during the 8- week program. Flexi Fit and Fun and Get Fit While You Sit filled with 18 participants increased strength, balance coordination and endurance during this 8-week program. WALKAPALA TOO averaged 51inclusive participants each week for 8 weeks this summer. They enjoyed a variety of fieldtrips like swimming at Stewart Heights Pool, Museum of Flight, and Gameworks to name a few. Participant Comments: • "Camp WALKAPALA TOO helped so much with our childcare needs. Bella was in a great mood when we would pick her up from camp. That was not always the case when we left her with a babysitter." • See attached letters from participants, 1 Page 102 Performance Outcomes 1. How much did we do? _ Number of duplicated visits to the facility 2,076 Number of classes, workshops, trips 33 Number of registered participants 395 2. How well did we do it? Percent of classes workshops, trips at or above enrollment target 100% Percent of classes_completed 100% 3. Is anyone better off? Percent of participants reported a quality of life benefit 95% Youth and Teen Program / Service Highlights New: Teen Camp kept teens 71h grade - 91h grade busy this summer with sports, cooking, fieldtrips and hip hop dance lessons. Resident Camp @ Waskowitz with 98 campers ages 5th, 6`h and 71h grade and 36 volunteer staff enjoyed a great week of camping in Northbend. 51 students in the Kent School District attended on scholarship. The dollars used to pay for campers was raised at the annual Concert for Camp held at Emerald Queen Casino. Summer Playgrounds had 5 park sites filled with games, events, activities, free lunches, 4 Fun Friday special events and amazing weather. Thanks to community partners, Communities in School of Kent, Kent Library and Umpqua Bank, we added a recycling program, reading days, a magic/comedy show at 3 sites and Umpqua bank also came in clutch with an ice cream truck that went out to all the Playground Sites and handed out free ice cream to the participants. Kent Parks Community Center kept busy over the summer as well. Along with our normal daily programs of full court basketball, breakdancing, game room activities, boxing and the music studio we also managed to fit in a few events. Graduation BBQ to celebrate the senior finally making it through high school. 11 different groups performed various dances and songs. Seven different food and resource vendors. Is' Annual All-Star Basketball Event sponsored by Umpqua Bank provided shirts for all the teens. 100 people came out to watch the participants compete in a 3 point competition, skills challenge, dunk contest and staff vs. teen's game. Last, but not least the National Night Out was once again a huge success. 150 people came out to show support for the community, eat some free BBQ, play a little hoop, listen to some good music and jump around the bouncy house. Camp WALKAPALA and the Camp WALKAPALA Counselor In Training Program. The kids loved all the activities during the themed weeks and especially the field trips! 2 Page 103 Participant Comments: • "My daughter was eager to get there every morning. She loved the activities, games, and overall field trips. My hats off to this great program and staff members, keep up the great and amazing job. Congratulations and thank you!" • "We loved that the program was structured, fun, and encouraged positive behavior." • "I loved that the staff new his name and greeted him cheerfully when he arrived. Way to hire positive role models!" See attached letters from Resident Camp at Waskowitz campers. Performance Outcomes 1. How much did we do? Number of duplicated visits to the facility 13,863 Number of classes, workshops, trips 34 Number of registered participants 746 2. How well did we do it? Percent of classes, workshops, trips at or above enrollment_target 800/0 Percent of classes completed 1000/0 3. Is anyone better off? Percent of participants reported a quality of life benefit 95% Senior Center Program / Service Highlights "Happenings at The Place" held in July was the Senior Activity Center's Open House, providing information about the Center's programs through demonstrations and info booths. Sponsored by SHAG housing, this event included a dinner and dancing to live music by Randy Litch. The Kent Fire Department's FDCares program hosted the annual Senior Wellness Day in September at the Senior Activity Center. 28 vendors participated in this event. Lunch was provided by Stafford Suites and Farrington Court. Ginger Passarelli, the "Soup Lady", provided the lunch time program, speaking about her group's efforts to serve meals to those in need during disasters. Over 250 seniors attended the event, receiving valuable information about senior issues as well as the opportunity to win fabulous door prizes. The Kent Firefighters Foundation subsidized lunch for 160 seniors, while also helping to set up, serve and clean up after lunch. Representatives from the U.S. Social Security Administration discussed changes in the Social Security program and how it affects citizens of all ages. The Senior Activity Center held its first LGBT social event. Nine attended this event that was open to the LGBT community,.friends, family and allies. The group discussed future events and get togethers and want to encourage others to attend. Valley Cities Counseling is facilitating the group and will be having twice monthly LGBT support groups. 3 Page 104 Performance Outcomes 1. How much did we do? ;18 563 Number of du licated visits to the facilitNumber of classes, workshops, trips Number of registered participants 18D 2. How well did we do it? Percent of classes, workshops at or above enrollment target Percent of trips at or above enrollment target 89% Percent of classes/trips completed 89% 3. Is anyone better off: Percent of participants reported a quality of life_ benefit 92% Participant Comments "My experience at the Kent Senior Center has given me a whole new vision of my city. I've noticed that some local communities either don't have a center for their seniors or they provide the bare minimum. Thank you for your compassion for the senior community of Kent." Larry. Cultural Programs Division Program / Service Highlights Fourth of July Splash Approximately 18,000 people attended Kent's Fourth of July Splash at Lake Meridian Park. The event featured community showcase performances and a professional headline performances by James King &the Southsiders and Bobby Medina & his Red Hot Band on the stage, games and hands-on activities, food booths and, of course, the fireworks display. Summer Concert Series The 2013 Summer Concert Series featured 18 performances in three locations: Wednesday Picnic Performances for kids at Town Square Plaza, Take-Out Tuesdays at Kent Station and Thursdays at the Lake at Lake Meridian. Total attendance was nearly the same as last year - 7,150 (7,675 in 2012). Wednesday Picnic Performances for children were very popular once again with total attendance of 3,450. Thursdays at the Lake were also very well-attended with a total of 2,400. Take-Out Tuesdays at Kent Station drew a sold attendance of 1,300. The series brought in $21,000 in sponsorship revenue and grant revenue; $6,500 more than last year. Cornucopia Days Run 567 people registered (and 536 crossed_ the finish line) for the 2013 Cornucopia Days Run on July 13, nearly identical to the 2012 numbers. Sponsorship was strong in 2013. The Tab Wizard again generously paid for all participants age 60 and over. 99 people took advantage of the special opportunity, about 26 more than last year. The event netted $4,700. 4 i i Page 105 City Art Collection Maintenance ® Tina Hoggatt's Whirligig sculptures at Lake Meridian Park were refurbished and reinstalled by Artech. ® Artist Steve Jensen completed maintenance work on his totem poles and reinstalled at Three Friends Fishing Hole. • Joel Lee of Art Wrangler continues to conduct maintenance on the outdoor public art collection. He completed repairs on Barbara Grygutis' "Water" sculpture at East Hill Park, Charles Biggers' "Fiddleheads and Family Tile Project" at Canterbury Park, and Peter Reiquam's "Big Corn." Spotlight Series "Sister's Summer School," the latest in the sinfully funny Late Nite Catechism series, opened the 2013-2014 Spotlight Series on Friday, September 20, Centennial Center Gallery Mauricio Robalino's digital drawings, gouache paintings, and collages are on display in the Centennial Center Gallery in September and October. Performance Outcomes 1. How much did we do? Number of events 21 Combined attendance at events 22,717 Number of educational outreach activities 1 Attendance at educational outreach activities 60 2. How well did we do it? Percent of people attending performances that agreed or strongly 97% agreed that the cost/value of the performance was good. Percent of people attending performances that agreed or strongly 94% agreed that the quality/content of the performance was good. Percent of people attending performances that reported they would 100% recommend Spotlight Series to others. 3. Is anyone better off? Percent of Spotlight Series audience members that agreed or strongly 60% agreed the performance they had just attended broadened their cultural horizons. Percent of Spotlight Series audience members that agreed or strongly 73% agreed the performance they had just attended provided an opportunity for social connection. Percent of Spotlight Series audience members that agreed or strongly 84% agreed the performance they had just attended helped them relieve stress. 5 Page 106 Recreation Division — Kent Commons Lake Meridian Park made the top 10 most visited web sites along with the Parks Department Home Page for the City this quarter. This was the first time for Lake Meridian Park making the top 10 list. In addition, the Lake Meridian Swim Season, that provides Lifeguard supervision, had a great season with a record number of patrons that visited the beach. There were 91,802 visitors that enjoyed the Kent Parks Lifeguard supervised beach area. As an urban community center the Kent Commons continues to foster inclusiveness creating connections and a place to gather for citizens of the community. The Kent Commons Community Center had 40,826 visitors that enjoyed the facility this quarter. A goal for the Recreation Division is to promote connections, inclusiveness, and support for customers and neighborhoods within the City. Volunteers help provide this connection. Volunteer provided 2,400 hours of support with help in youth sport programs and classes. Many programs and events could not be possible without volunteer involvement. There were over 140 volunteers involved this quarter and over 280 volunteers attended a celebration party in their honor at the Kent Valley Ice Centre. The Parks Department has a number of popular urban centers that bring people together and connect them to the downtown area during the Summer season. Tournament Softball Promoters/Directors had a great season using the Russell Road Softball Complex, Service Club Ballfields, and Kent Memorial Park. The fields were booked for the season (May-September). The sports complexes and their events bring in hundreds of teams and thousands of people to Kent. There were 4 Youth Sport Jamborees held to kick-off the season in soccer, flag football, and Junior Hoopsters Basketball. The 2 jamborees in soccer had over 1,000 spectators plus the participants for each event. Practice games, parents meeting parents, team pictures, City Staff introductions, and snacks were included in the festivities. A total of over 1,472 youth were involved in the programs which unites residents and neighborhoods throughout Kent. 11. How much did we do? Number of Recreational/Cultural Educational Programs 322 Hours worked by Recreation Volunteers 2,400 Youth Sport Sponsorship $12,075 Quarterly Kent Commons Visitor Count 401,826 2. How well did we do it? Percent of classes, programs at or above enrollment target 90% Percent of participants that reported the content and quality of the 85% program was excellent, very good, or good Percent of participants that reported the staff and instructors were 900/0 excellent, very good, or good 6 Page 107 Participant Comments: • "She is doing better in school due to dance class" • "we love all of the programs we take" • Improved her ability to take directions" • "my daughter's self-esteem has improved and it is good exercise" • "great part of a team & community" • "helps her diabetes and she want to be in a talent show at school" • "she loves to sing now" • "wonderful program for girls and physical fitness is great" • "her behavior has improved" • "gets to meet new friends" • "The instructor is important to us and a great teacher" • "made my child confident in her abilities" • "my daughter has become stronger and wants to be a part" • "love the location and it is clean" Parks Planning & Development Program / Service Highlights PPD began work on the Kent Valley Loop Trail master plan this quarter. This effort initiated the planning work for a loop trail that connects the Interurban and Green River Trails at the north end of the city (they already connect at the south end at Foster Park), as well as plan and site improvements to make the trail safe, convenient and attractive to users. In August Parks set up an online survey, which received 275 responses. The consultant, informed in part by the survey results, has completed a first draft of alternatives. We also coordinated with Operations to begin work on renovations to Seven Oaks Park. Work is expected to be complete by November. Parks hosted 14 park stewardship events this quarter, attracting 418 volunteers (who donated a total of 1609 hours) and benefitting several parks. These events included work on 4 Eagle Scout projects. Performance Outcomes 1. How much did we do? Park Master Plan for the Kent Valley Loop Trail - underway) 1 Park renovation at Seven Oaks Park - underway) 1 Coordination with Public Works on levee projects at or near parks 4 Coordination with Army Corps on environmental restoration projects 2 at or near parks Number of volunteer events 14 Total number of volunteers 418 7 Page 108 Total number of volunteer hours 1,609 Number of Eagle Scout projects completed 4 2. How well did we do it? Planning and construction projects still underway Coordination efforts still underway New trails constructed- linear feet 270 Newsquare footage cleared at Green Kent events 11,970 Cubic yds. of debris removed at events 130 Cubic yards of chips spread 178 Green Kent e-newsletters - current distribution 2,133 Green Kent Facebook page followers 155 3. Is anyone better off? Councilmember Dana Ralph's comment to Steward lead Desiree Kennedy at the Green Kent booth during Cornucopia Days: "I want to let you know I have been listening to you give your Green Kent speech and I think you do an excellent job of communicating the importance of the Green Kent Partnership and also explaining about the restoration work the partnership has been able to accomplish. It can be a complicated thing to explain because there is a lot of detailed information that goes along with this project, but you are doing a great job of hitting all the important points and really selling to the community on why the Green Kent Partnership is so important." After reading about our Green Kent summer intern in our Green Kent Newsletter, The Kiwanis Club of Kent was so impressed, they honored him with their Everyday Hero Award. Facilities Program / Service Highlights • Hired three new employees this summer. • Conducted regular HVAC building maintenance: • Preventative Maintenance • Filter changes • Trouble calls • Alarms • Emergencies and call outs • Completed installation of AES radios city wide with Cintas Fire. • Generator load testing - all buildings. 8 Page 109 • Generator servicing - all buildings. • Insurance inspections - all buildings. • Office Reconfigurations - Parks Planning, HR, Multimedia, Public Works. • Fire watch due to storm damage to monitoring system - all buildings. • Contracted with SimplexGrinnell to provide fire/security monitoring and fire protection services for the City of Kent city-wide. • Worked with Holmes Electric to replace wiring and make repairs to light poles that were vandalized in parking lot - Senior Center. • Secured building and made arrangements for new window installation due to vandalism - Neely Soames, • Contracted with Cedar Creek Contractors to replace concrete entryway - Muni Court. • Processing contract with RFI Communications for access control upgrades - PD, Annex, Shops. • Working with Parks Operations to set three irrigations valves for future irrigations needs - Muni Court. • Working on walkway lighting project - Muni Court. • Testing out TMA upgrade. • Completed lease agreement with Way Back Inn Foundation. • Performed PMs on all automatic vehicle gates. • Completed porch and column repairs - Historical Museum. • Interior painting - Muni Court, Shops. • Installed new electrical circuits - Shops, Station 76 maintenance shop, ECD, PD. • Painted exterior - Station 73. • Replaced duct work - PW shops. • Completed work requests city-wide. • Refinished wood floor at KMP with new wax we are testing, holding up nicely so fa r,. • Carpets cleaned - Centennial completed, Senior Center, Muni Court, PD. 9 Page 110 Performance Outcomes 1. How much did we do? Number of Work Orders 249 2. How well did we do it? Number of Work Requests Closed 198 Percent of Work Requests Closed 79% 3. Is anyone better off? Yes Well maintained City assets Inviting and comfortable buildings for citizens and employees Riverbend Golf Complex Program / Services Highlights The weather had a major impact on rounds of golf as well as revenue in the third quarter. One wet weekend in mid-August and nearly five times the normal rainfall in September had negative impacts on rounds of golf as well as the revenue. Rounds of golf at the 18 Hole golf course were up 4.9% in July and down by 4% in August due to one wet weekend, and down 7.1% in September due to the increased rainfall for the month. For the quarter rounds of golf at the 18 Hole golf course were down 6.0% compared to 2012. Rounds of golf at the Par 3 golf course were down 1.9% in July and up 1.6% in August, and down 34.5% in September due to the increased rainfall for the month. For the quarter rounds of golf at the Par 3 golf course were down 15.9% compared to 2012. Driving range ball sales were down 6.9% for the quarter compared to 2012, due largely to the increased rainfall in September. Merchandise Center retail sales were down 0.9% for the quarter compared to 2012 with a noticeable drop in sales for the month of September. Weather is the biggest factor impacting rounds of golf and the golf complex revenue. When comparing the 2013 rounds of golf and revenue to 2012 it is important to remember that in 2012 there was an 80 day stretch of no rain during the third quarter. In September 2012 the rainfall total was less than 0.30 inches, this year the rainfall for September over 7 inches. Performance Outcomes 1. How much did we do? Rounds of Golf at the 18 hole golf course 21 322 Rounds of Golf at the Par 3 golf course 11,308 Driving Range - Range Ball sales $118860 Merchandise Center retail sales $126371 10 Page 111 3. How well did we do it? Compared to_ 2012 Rounds of golf at the 18 hole golf course -6.0% Rounds of golf at the Par 3 golf course -15.9% Driving Range - Range Ball sales -6.9% Merchandise Center retail sales -0.9% Parks Operations Program / Service Highlights Downtown core The new plants in the island beds on Meeker as well as the new container plants have successfully established. Staff is now working on plans for other areas at City Hall, Centennial to update tired landscaping. The City has also been working with the Downtown Partnership to support the next phase of their efforts to beautify the downtown core. Town Square Plaza fountain is operational for the season however there have been periodic closures for repairs and maintenance through the summer. This has been another successful event season at the Plaza having again hosted the Saturday Market, Cornucopia and the Summer Concert series. Most of the street trees that were removed due to storm damage have been replaced with a few remaining that will be replaced by staff prior to the end of fall. Issues with litter and garbage continue in the downtown core requiring continuous attention by staff. Green Kent/Community/Volunteer events Staff provided support for many successful volunteer and Green Kent Steward events at East Hill, Morrill Meadows, West Fenwick, Lake Fenwick, Clark Lake and Campus parks. Athletic complexes The athletic complexes are winding down for the season with a planned wrap up in the first week of October. 3500 square feet of infield turf will be replaced at Kent Memorial Park to fix wear and tear issues. Outfield and perimeter fencing repairs, scoreboard repairs and light repairs are planned through the end of the summer at all of the complexes. Neighborhood and Community Parks The KaBOOM event at Turnkey was a success and the renovated playground areas are very popular. The work done by the volunteers in the rain garden has required extra maintenance time to ensure the establishment of the new plants through the unusually dry summer. Turf maintenance is underway at most of the Community parks utilizing phosphorus free fertilizer to meet the new regulatory requirement. Staff is conducting soil tests to monitor the effects of the new program. Maintenance Highlights The Tree Keeper database has gone "live" with assistance from the Davey Resource Group. A trial period was conducted to ensure accurate data and to familiarize staff 11 Page 112 with the system. The implementation of this system will allow staff to track the condition and prioritize care and maintenance of the City's trees once the entire inventory is complete. The evaluation of a centralized irrigation control system at Van Doren's is still underway. This test location was used to evaluate the system for potential and if implemented will allow more active water management in the parks. The results summary is expected to be completed by the end of October. Performance Outcomes 1. How much did we do? Number of trees that have been surveyed for tracking and 2,300 monitoring. 2. How well did we do it? Utilizing the Tree Keeper management system we will be able to Evaluation track and monitor the tree assets in the City_ underway 3. Is anyone better off? Staff will be able assess the City's urban forest much more 100% accurately and be able to assign resources to tree care maintenance much more strategically and efficiently. 12 i Page 113 3 I 1 I f , l i 1 r t r r 4 •� r � F P' f T y �t t f 7 +i I I _---- t 9 i i I --- - i Page114 ! 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III v L Z U U U U U U U U U U ° - - M m 0 L L L L L L L L L L m o 0 0 0 0 0 0 0 0 o ` ` m m j E 'E 'E 'E 'E 'E ' vLE 'E 'E 'E u y y V V Page 124 Page 125 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 ® Fax: 253-856-6050 KENT WASHI "G'° " Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 October 17, 2013 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 KENT WAs HINGTOH Parks and Human Services Committee Agenda Councilmembers: Deborah Ranniger, Chair • Elizabeth Albertson • Dana Ralph October 17, 2013 5:00 p.m. Item Description Action Speaker Minutes Page 1. Minutes dated September 19, 2013 Yes Council 03 01 - Approve 2. 2014 Community Development Yes Katherin 07 11 Block Grant Annual Action Plan — Johnson Approve 3. 2013 Western States Arts Yes Ronda 05 49 Federation Grant — Accept Billerbeck 4. Recreation and Conservation Office Yes Hope Gibson 05 55 Grant Agreement— Authorize 5. D.A. Hogan Consultant Agreement Yes Hope Gibson 05 77 for Wilson Playfields — Authorize 6. Kent Valley Loop Trail Update — No Hope Gibson / 15 95 INFO ONLY Jeff Watling 7. 2013 Third Quarter Report — INFO No Jeff Watling 05 97 ONLY 8. Director's Report - INFO ONLY No Jeff Watling 05 123 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 Ave. So. in Kent, WA. For information, please contact the Parks, Recreation and Human Services Department at (253) 856-5100. Any person requiring a disability accommodation should contact the City Clerk's Office at (253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. Page 1 Parks and Human Services Committee Meeting Minutes for September 19, 2013 Council Committee members Present: Chair Debbie Ranniger, Dana Ralph, Elizabeth Albertson Chair Debbie Ranniger called the meeting to order at 5:03 p.m. Item 1: Minutes of July 18, 2013 - Approve MOTION: Committee member Ralph moved to approve the minutes dated July 18, 2013. Committee member Albertson seconded. The motion passed 3-0. Item 2: 2014 Washington State Arts Commission Proiect Support Grant — Accept Superintendent of Recreation and Cultural Programs Lori Hogan shared that once again the amazing staff in our Cultural Division applied for and received the Washington State Arts Commission (WSAC) program support grant for 2014. Kent Arts Commission will use the funding to support the presentation of performances and educational outreach activities by Keola Beamer, Moanalani Beamer and R. Carlos Nakai (world music and dance), as well as California Guitar Trio and Montreal Guitar Trio (classical and world guitar) as part of the Spotlight Series. MOTION: Committee member Albertson moved to recommend accepting the $3,950.00 grant from Washington State Arts Commission and approving the expenditure of funds in the Kent Arts Commission's budget. Committee member Ralph seconded. The motion passed 3-0. Item 3: New Connections Lease Agreement — Authorize Superintendent of Facilities Alex Ackley reported that New Connections, a nonprofit agency serving Kent residents, has been a tenant in the city-owned building located at 412 West Titus Street since June, 2003. The condition of the current location is no longer adequate to run the tenant's programs, therefore, the tenant will be moving to the city-owned building located next door at 422 W. Titus. In consideration of this 5-year agreement, the Lessee pays all costs associated with or arising out of the maintenance, operation, and agreed upon tenant improvements (Exhibit B) of the leased premise, in lieu of paying rent. The Lessee will also pay a monthly Leasehold Excise Tax in the amount of $267.30 based on an estimated fair market value rental of $2,349.00 per month. Through an agreement with DSHS under their Career Path Services Program, New Connections provides six to twelve months of training for individuals in their office (paid for by DSHS) and working with the Police Department and Corrections staff. During the last year, New Connections trained several individuals in work and office Page 2 skills and gained valuable (no-cost) employees which allowed them to provide extremely low cost assistance. The motion was corrected by eliminating "St. Vincent de Paul" from the lessee name. MOTION: Committee member Ralph moved to recommend Council authorize the Mayor to sign the Lease Agreement with New Connections to rent the city-owned building located at 422 West Titus Street, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. Committee member Albertson seconded. The motion passed 3-0. Item 4: GreenPlay Agreement — Authorize Parks Director Jeff Watling and Superintendent Lori Hogan reiterated that at the 2013 City Council Retreat, Council identified a number of priority items from the Efficiency Study, conducted by BERK and Associates, to further explore and discuss. One of those items under Level of Service was the review of recreation programs to better understand and determine cost recovery. Watling recapped that staff introduced an approach to this task proposed by GreenPlay LLC at the June 20 Parks Committee meeting. GreenPlay would utilize a pyramid methodology to develop a cost recovery model and resource allocation philosophy for recreation programs. The pyramid methodology has been successfully applied to several cities and agencies throughout the country Hogan spoke to Council's questions on the cost recovery of recreation programs and services. The process begins with a series of workshops with city staff, elected officials, business leaders, and residents. This group will meet 4-5 times in the next 5-6 months and talk in depth on what recreation services are offered, as well as the impacts, values, and prioritization of these services. Discussion will include the current fee structure and whether it is right-priced, or whether the fees need to be adjusted. The intention of this process is to come away with a cost recovery model and a philosophy that the Parks Department can apply to current and future programs, services, and projects. Committee member Ralph voiced concern for the staff time involved to implement this scope of services. She feels that staff time is already limited. Hogan thanked Ralph for her concern and agreed that it will take time to manage through the process. She is hopeful that much of the information needed can be pulled from the current registration system. It will be a big investment of time initially, but she hopes that the resulting product will be well worth it and give us a better path forward when it's done. Watling feels that this will be a great management tool with existing programs and can be used when considering programs in the future as well. Hogan added that GreenPlay is very willing to work with the city. They have taken into account staff time and spread the process over the calendar to accommodate staff schedules. Page 3 Committee member Ralph said it feels like an efficiency study and again is concerned that staff is already so lean. She wants to make sure the study looks at the value of current programs. Hogan feels that it won't be a report on efficiencies, and that the focus of the study will result in a product that shows; our programs are serving a broad community, our services are right-priced, and that there is a need and a value to our services in the community. Hogan noted that, if we find there is an area that needs revisiting, then we will. She reiterated that it will be a valuable tool to assist in measuring the value of our services. Watling said, as we price the services, we understand there is a spectrum of city investment. The intent was to address Council's questions on how we are investing in recreational programming. He does feel this is an exercise of reviewing efficiencies and not what can we get out of the business of doing. Committee Chair Ranniger commented that the contract doesn't reference re-directing the city's resources to some other focus. Elizabeth felt that it does and referred to the pyramid model, focusing on the community benefit piece. Hogan remarked that it would be a surprise if at the end of this analysis, there are services that need to be removed. But, if that is the case, this model will be an effective tool for Council to use in deciding what happens next. Councilmember Ralph asked if this is the best use of $34,000. Watling responded yes, it gives staff the tools and the opportunity to go deeper into how we analyze costs. It's an investment that is well served. Committee Chair Ranniger was not concerned with the size of the contract and felt the price was low. Committee member Albertson liked that this method offers a process and a structure to set up guidelines. She appreciates the public involvement process to get input on creating the model that matches community needs. It's an opportunity for outside opinions from a new perspective. Committee member Albertson moved to recommend Council authorize the Mayor to sign the agreement with GreenPlay in the amount of $33,950.00 for consulting services, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. Committee member Ralph seconded and the motion passed 3-0. Council member Ralph requested this item be moved to Other Business on the agenda so that the original goals can be discussed by full Council. Item 5: Riverbend Golf Complex — INFO ONLY Chair Ranniger stated that this informational item is more exploratory information on the Riverbend Golf Complex and an endeavor to continue this conversation to bring the golf complex to a more stable mode and still provide that asset to the community. The report will explore some different financial structures and provide next step guidance in the exploration for sustainability. Page 4 Parks Director Watling stated that, as a follow-up to the September 3 City Council Workshop discussion on Riverbend, three options were presented to address the current financial issues within the Golf Fund. This presentation includes an overview of each option, as well as an assessment of the advantages, disadvantages, and policy implications for each of the three options to address. Watling noted the three challenges within the golf fund: 1. Debt Repayment 2. Funding Capital Needs 3. Operational Sustainability Options: 1. Enterprise — Outsource Management / Operations Management Contract - Outsource • Hire a management company to operate all aspects of Riverbend Advantages: • No change to Riverbend Complex • Costs may be reduced due to labor cost reductions • City relieved of day-to-day operation Disadvantages: • City funds all capital improvements • City funds all debt re-payment • Less control than self-operation • Usually does not provide guaranteed income to owner Policy Implications: • This option does not directly address two of the most significant issues within Golf Fund — debt re-payment and capital reinvestment • Impact to current employees (both represented and non-represented) Interim CAO Tom Brubaker interjected that, as an example, the city has a management agreement with SMG for the Event Center. The city doesn't know the entertainment business, so a company was contracted to operate the facility. The city pays SMG to operate the facility and we are responsible for the maintenance and repair of the facility, as well as making up the difference if revenue is down. Lease Agreement - Outsource • Lease the facility to a private operator in exchange for an annual lease payment to the City (similar to Riverbend's restaurant lease) Advantages: • No change to Riverbend Complex • Burden of risk is partially shifted Page 5 • City relieved of day-to-day operation • Lessee could contribute to needed capital improvements • Lessee to maintain equipment Disadvantages: • City has limited control. Public access is impacted. • Laborissues • Revenue constraint to City • Longer term contract • Unexpected golf market downturns • Debt service re-payment may not be directly addressed. We need a $400- 600K return. A third party wants to make money. Policy Implications: • This option may not directly address two of the most significant issues within Golf Fund — debt re-payment and capital • Impact to current employees (both represented and non-represented) • Balancing the roles of public asset and enterprise Watling said there is always a challenge with striking the balance to push revenue and encourage access. Whenever there is a third party involved in the operation of an asset, the third party is in it to make money. As we noted from the public meetings, entry point into golf is a core value. The city's role with public space is to encourage public access. In a lease agreement, that is a delicate balance with a partner. Committee member Albertson referenced the role between municipal an all access golf course and a private country club golf course. It's not the same market and we play a different role in the industry. Hybrid Management Contract • In the 1980's and 1990's Riverbend was operated with a hybrid management contract. • Combines some aspects of both. Usually shorter term (3-5 years) and may include all or part of the operations 2. Enterprise — Re-size the Operation • Reduce the size of the Golf Complex • Reduce operational costs • Proceeds from sale would pay off debt and fund capital improvements • Ensure Golf Complex remains accessible for all ages and all abilities Advantages: • Improve operational sustainability • Proceeds from sale pay off interfund loan • Proceeds from sale fund current and future capital investments • Riverbend remains a public facility for all ages and abilities Page 6 Watling reported that 48% of revenue comes from the 18-Hole, 42% from the driving range/ pro shop and 10% of revenue comes from the Par 3. He commented that, if we consider resizing, how we would provide current services. Watling displayed conceptual maps that showed the potential of turning property on the Par 3 side that would accommodate 3 holes and multiple tee boxes - which provides six different practice areas, plus a chipping and practice area. Riverbend Golf Complex Superintendent Pete Petersen commented that, comparing the lengths of the holes on the proposed conceptual design, two different tees and two flags would offer the junior and senior groups a similar experience to the Par 3. Watling responded to the concern of 9-hole players feeling intimated by the 18-hole course. He spoke of incorporating the national program played on18- hole courses called, "Tee it Forward" which creates a set of tees that are pushed way forward. This produces a golf experience for the beginners, juniors, and seniors who want to play a shorter course. Staff hopes these options stay true to our goal of remaining a public facility for all ages and abilities. Disadvantages • Loss of public property • Is there commercial interest in that property? • Represents Change Policy Implications: • What would be the City's vision of re-development of this site? • How does the City ensure an appealing project that will benefit the community including public access into the site and along the Green River? • How does the City and Community work through the change that this option would bring? 3. General Fund Budget — Transition Riverbend into the General Fund Budget Annualized Costs • Total Annualized Costs: $665,000 - $1,075,000 o Debt Repayment of $2.25m • 5 years: $475,000 per year • 10 years: $265,000 per year o Capital Needs: $350,000 - $400,000 o Operational Sustainability: $50,000 - $200,000 • Identify Funding within the General Fund o Increase revenues, and/or o Reduce/eliminate other General Fund programs Page 7 Advantages: • No change to Riverbend Golf Complex • Interfund loan could be repaid through the General Fund • Current and future capital needs could be addressed (depending on funding and prioritization with other capital needs) Disadvantages • General Fund budget is currently very tight. Adding the golf complex will likely mean the reduction or elimination of other general fund services • Impact transferred to other services • Operational sustainability may not be met • Current and future Capital needs may not be addressed due to funding priorities and availability within the broader Capital Budget Policy Implications: • Where does Riverbend fit into the General Fund Services priority now and in the future? • Shall funds from the Strategic Opportunity Fund be used? If so, how much? • What other services will be reduced or eliminated within the General Fund? CAO Brubaker commented that the city needs to look at other funds besides one- time money for an ongoing issue. We need to look for reliable source. Parks Director Watling referenced Council member Perry asking about using the One Time Strategic Fund to pay the debt. Brubaker said this shouldn't be handled through a one-time fund. Committee member Albertson said it could eliminate the $2.25M debt, but doesn't address the other financial issues. CAO Brubaker referenced the challenges with the Seattle Public Utilities partnership and the Highlands property. He said the city has been very successful with selling city-owned property, such as Kent Station and The Platform and guaranteeing a development fit. The city has good control in what happens with post sale; when we are the seller. Committee member Albertson understands the need to reduce the Par 3, but still has a hard time with selling property when we haven't replaced the Commons fields yet. She also understands it could be a wonderful community asset like Kent Station and Town Square Plaza, with a public space that incorporates the river. She doesn't have an answer as to where else the city can find the funds for the debt service or a source for capital improvements. Committee member Ralph agrees with Albertson, she's torn. She commented that it's an amazing piece of property and an asset to the community. Business wise, reducing the footprint makes sense and it would provide the funds for the city if Page 8 sold, but her heart says she's not sure if it's the best choice and she hasn't come to a resolution yet. Committee Chair Ranniger senses that, before going any further, the city needs to decide what the vision looks like and find out if there is any interest in developing the property. Committee member Albertson agreed that we need to know if there is interest developing the property into a signature gateway — a river walk with restaurants and public spaces. Adding that it would have to provide a civic benefit. Albertson asked about creating a PUD. Watling felt the group isn't in a place to make any decisions and more information is needed. He feels the next step is to define the city's goals and vision, as well as research market interest. After that, work with Economic Development to see if there is market interest that matches these goals and vision, if we were to consider development. Committee member Ralph stated that the design needs to include the golf educational portion as well. Watling shared that during his conversations with the youth golf groups, First Tee voiced their interest in being a part of the re-sized model and design. Interim CAO Brubaker referenced an appraisal that was done on the property. Based on the appraisal amount, he said it is likely the sale price would pay for the debt service, the capital projects, and the operational efficiencies. If the property is sold, it probably wouldn't be in one lump sum, but in payments. Brubaker will check with Economic Development to look at options and see the possibilities of how the payments would be structured. Committee Chair Ranniger stated that we need to keep moving forward. We need to review proposals from the interest groups and talk to Economic Development to see if there is a market for the kind of vision that meets everyone's needs. Watling reiterated next steps; review proposals from interest groups, define the vision for potential development if the Par 3 is re-sized, and work with Economic Development to see if there is commercial interest in the property. Brubaker agreed that we need to find out if there is a development that meets the vision of Council and the community. Committee member Albertson referenced Tarragon Management and asked Brubaker when the housing project will be completed. He plans to meet with Tarragon to discuss the parameters of the development agreement. Page 9 Item 6: Director's Report • As outlined in the Asset Analysis, the Wilson Playfields Turf Replacement project is our number one capital project in the 2013/2014 budget. Staff found a way to fund project through a compilation of REET and other budget funds. Also, the US Soccer Foundation invited us to apply for a grant (up to $200,000) to help fund the Wilson Turf Replacement project. • Kent Valley Loop Trail The community and staff are very excited about the Valley Loop Trail project. We have experienced a very strong response to the online survey with over 250 comments offering input on the project. The consultants will attend the October Parks Committee meeting to assist staff in updating the committee. • Spotlight Series Concerts kicked off this weekend with Late Night Catechism. • Fall volunteer events begin September 28 with National Trails Day at Park Orchard Park. We are fortunate to have huge participation in our volunteer events. Without the support of our volunteers, Jeff feels we couldn't steward our park system. Chair Debbie Ranniger adjourned the meeting at 6:20 p.m. Respectfully submitted, Teri Petrole TeY,� Pefivo(e Council Committee Secretary Page 10 Page 11 PARKS, RECREATION AND COMMUNITY SERVICES ® Jeff Watling, Director Phone: 253-856-5100 Fax: 253-856-6050 W18HIN OTC N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 October 17, 2013 TO: Kent City Council Parks and Human Services Committee FROM: Jeff Watling, Director Parks, Recreation and Community Services THROUGH: Katherin Johnson, Housing and Human Services Manager SUBJECT: 2014 Community Development Block Grant Action Plan and Funding Allocations - Approve MOTION: Move to recommend Council approve the proposed Community Development Block Grant 2014 Action Plan, including funding allocations and contingency plans, and authorize the Mayor to execute the appropriate certifications and agreements. SUMMARY: The City of Kent receives Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD) as an Entitlement City. To receive this funding, the City is required to submit a Five-Year Consolidated Plan for Housing & Community Development. The City's Consolidated Plan is in effect from 2003-2017. Prior to the beginning of each year of the Consolidated Plan, the City must inform HUD and the community of the specific actions that the City will execute to implement the objectives and strategies of the Consolidated Plan; this is outlined in the 2014 Action Plan. The Action Plan also includes the allocation of estimated resources that will be used to carry out the objectives and strategies, and a description of each program that will receive funds. The City recommended that a major portion of CDBG funds be used to support the City's Home Repair Program. This program serves many low- income, disabled and senior homeowners in Kent by providing needed repairs. The program also ensures that a portion of Kent's low/moderate- income housing stock is maintained and preserved. Citizen Participation: On October 3, 2013, the City of Kent published a public notice on its website and informed the community, organizations, and stakeholders that the Draft 2014 CDBG Annual Action Plan was available for review and comment for a period of thirty (30) days. On October 17, 2013, Page 12 Page 13 the Human Services Commission held a public hearing for the purpose of taking comments on the 2014 Annual Action Plan. Human Services Commission Recommendations: The Human Services Commission reviewed and approved recommendations for CDBG funding for 2014. EXHIBITS: • City of Kent 2014 Annual Action Plan • Application for Federal Assistance. BUDGET IMPACT: The estimate of $914,499.00 may increase or decrease depending upon the final federal appropriations bill Congress passes in the fall. Therefore, the recommended funding includes a contingency plan to address any potential fund changes that may occur when Congress adopts the 2014 budget. The CDBG project accounts for 2014 are impacted by the budget. Page 14 Page 15 i Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction THE CONSOLIDATED PLAN The Consolidated Plan for Housing and Community Development is a report which informs the community,stakeholders and the Department of Housing and Urban Development (HUD) how the City of Kent (hereinafter referred to as "the City") will invest its Community Development Block Grant from 2013-2017. The report also identifies the objectives and strategies that will guide the City's investment. Objectives and strategies are fueled by the City's overarching goal to build a healthy community. ONE-YEAR ACTION PLAN Purpose of the One-Year Action Plan Each year the City of Kent executes specific actions to implement the objectives and strategies of the five-year Consolidated Plan.Actions that will be undertaken in 2014 are outlined in this One-Year Action Plan,which describes both the allocation of estimated resources and a narrative of what will be done. In a given year, it is possible that no steps will be taken to achieve a particular strategy. Similarly, it is expected that during the course of the year,the City will be presented with unanticipated opportunities that can be capitalized upon to help meet goals and strategies. When this occurs,the City will seize.the moment to further the goals and strategies defined in the Consolidated Plan. 2. Summarize the objectives and outcomes identified in the Plan • See AP-38, Projects Summary.Activities benefiting low/moderate-income persons • Activities which aid in preventing or eliminating slums or blight • Activities meeting community development needs that have a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources do not exist to meet such needs 1 Annual Action Plan 2014 OMB Control No:2506-0117(exp.07/31/2015) Page 16 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. During the past year,the City realized significant gains on its investments and improved the lives of many Kent residents. (Data is provided for 2012;complete data for 2013 is not available and will be provided in the 2015 Action Plan.) Outcomes for 2012 were: Accessibility to decent housing • 108 households received home repair assistance 0 48 persons received transitional housing and case management • 2 individuals received shelter a 33 persons received housing stability grants Accessibility to suitable living environment 15 persons received medical services 26 persons received emergency assistance and case management Accessibility to economic opportunities • 41 persons were enrolled in micro-enterprise business training classes 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. The development of the One-Year Action Plan includes a Citizen Participation Process involving public notification of the availability of the plan draft and an opportunity for comments prior to finalizing the One-Year Action Plan. Persons with disabilities are encouraged to participate in the Citizen Participation Process and the public notice describes how accommodations will be made. The City of Kent, Division of Housing and Human Services, consulted with intercity departments, government agencies, public and private agencies, mental health organizations, the local housing authority, organizations serving persons with HIV/AIDS, agencies serving people with disabilities, refugee and immigrant organizations,organizations working with seniors,faith-based institutions,the business community, Department of Social and Health Services, and foundations. 2 Annual Action Plan 2014 OMB Control No:2506-0117(exp.0 713 112 01 5) Page 17 Additionally,the City published a draft Consolidated Plan and Notice of Public Hearing on the City of Kent website. A public hearing was held on October 17, 2013. 5. Summary of public comments This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. [To be added] 6. Summary of comments or views not accepted and the reasons for not accepting them [To be added] 7. Summary 3 Annual Action Plan 2014 OMB Control No:2506-0117(exp.07/31/2015) Page 18 c to L u � m u a) G O bt0 C Q O � a Y C C m a a o 3 m O L — o 0 w a) A N N C O �+ Q VI N E v c _m N 00 d 0 0 O L d O � U C a m O o ar a p Q c o d r ar E N CDm o m Q p Li+ z °- C bz — N cu i c D c O N m Q U a v do a) 4 v C m C h N m C ® a b0 N m C m N F N m W o > E 'i 2 Y > > m C C 01 •L d _ v tiA O m bA w c c a c +' C 'a Q m m in QI •VI N .a O C U ..4 p � al v = 3 (7 O 2 v N •N O. O N a C = CD n L C CD 'y, 7 m Q. i+ \ to 0Cq O f�LO C O C j j v � a) CL W C N E •y ++ C a: 6 O N o f0 al L C C C -O •E Q .0.. Y t tS0 d t �, N W 6 p Y m E c� y c O m z a s E a a a w a > Y o Y a a o Ln `o N LY al J O O O O m r ® • O r'o +' ry v N z H U Y V N le 0 i Page 19 i i ro a I c o � u ¢ 0 co 3 C C i O N o :a o o � g o N c u o 3 0 N Y Z 'O CaJ o -O C C . O p o I m E 2 3 N "6 0 i Page 20 i i I AP-10 Consultation—91.100, 91.200(b), 91.215(I) 1. Introduction The City of Kent consulted with multiple entities, including South King County cities (the cities of Auburn and Federal Way are the two other entitlement cities in South County),the King County Housing Authority, King County Department of Community and Human Services, nonprofit agencies delivering services in Kent and the subregion and Washington State Department of Social and Health Services. The City of Kent carries out homeless planning and coordination as a regional issue. Kent works with the Committee to End Homelessness, King County,cities, mainstream systems, Safe Harbors, housing funders,community agencies, United Way,the private sector(including businesses), and homeless people. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health I and service agencies (91.215(1)) Kent Housing and Human Services Division meets regularly with other King County jurisdictions, public housing authorities and State Departments to develop strategies and implement plans to improve the quality of service and access for low-income residents in the city and throughout the region. Additionally,the City participates in quarterly meetings with King County staff, including the Public Health Seattle/King County,to review implementation and delivery of services funded through regional efforts.The City will continue to participate in the Committee to End Homelessness,funding review panels for Continuum of Care(CoC), Emergency Shelter Grant and McKinney funding. In 2012,the Coordinated Entry program was launched providing a single point of entry for homeless families. Housing providers,funders and government agencies provide support to this program. Kent requires that housing providers under contract with the city participate in Coordinated Entry and Safe Harbors,the Seattle/King County Homeless Information Management System (HMIS) program. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS To receive McKinney funding, HUD requires applicants toworkthrough a local Continuum of Care. For Seattle and King County,the Continuum of Care encompasses programs and activities within the borders of King County, including Seattle. Each continuum sets funding priorities and need for its community. The Seattle-King County COC priorities are set by the Committee to End Homelessness in King County 6 Annual Action Plan 2014 OMB Control No:2506-0117(exp.07/31/2015) Page 21 (CEHKC), Kent staff is on the CoC/McKinney Advisory Board and staff both the CEHKC Funders Group and Interagency Council. Describe consultation with the Continuum(s) of Care that serves the State in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds,and develop funding, policies and procedures for the operation and administration of HMIS The City consults with CEHKC, which in turn, consults with the State on behalf of the local jurisdiction. 2. 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Z S Z •c Z a z V f0 f0 f0 10 p w N R N N 6 N t6 a 0 .0 N � O O N O O W O O w O O ow O O owLn a ei N M V N 0 Page 34 a O O a E 0 L 3 s � •3 0 y i 6 u p p L N V N 7 0 O �y L L O Y 00 E o t 0 3 a o a * c a m :E j m a E c u C O y pp C m C C L N d d 0 C E o c a 0 E L C � a 0 u c c O 3 v v aj Ln c E ,y 0 O N O u '4 V W o 0 _> _ 6_ G! O O O L r _ N x v � 3 0cu2 6 h V a L � � EC r- �bo # rl r O y 0 p ry L m u o ++ N � z A E o w N w O 0 W 10 Page 35 AP-35 Projects— 91.220(d) Introduction The projects funded by the City in 2014 address the priority needs of providing assistance to prevent and respond to homelessness, maintain affordable housing, housing for the homeless, increasing self- sufficiency, and decreasing isolation, Services include minor home repair services, rent assistance to prevent eviction, healthcare services fort he homeless,shelter and transitional housing,case management and emergency assistance for refugees, senior meal program for refugees and micro- enterprise business classes to increase self-sufficiency for low and-moderate income individuals. # Project Name 1 Kent Home Repair Program 2 Catholic Community Services-Katherine's House 3 Multi-Service Center-Housing Stability 4 Health Point-Healthca re forthe Homeless 5 Refugee Women's Alliance-Case Management&EMS Assistance 6 Refugee Women's Alliance-Senior Meals 7 Washington CASH-Kent Micro-enterprise Initiative 8 YWCA-Anita Vista Transitional Housing 9 Emergency Feeding Program-Food for All Around Kent Table 7—Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs The City's distribution of funds align with the City's objectives of accessibility to decent housing, a suitable living environment and economic opportunities. 21 Annual Action Plan 2014 OMB Control No:2606-0117)exp.07131/2015) '.. Page 36 `w s N m O N R N i C a L N �n i E v O C v O E v 3 E L C 0 N N Y O R U C E O C > d v E N C N R > C ` N o 'm E T Guw m N N R E > C R w R w E o N L C O Y E > a o c o m E ' v E £ v o = E °u c u v R O C R O a ° J m s 'v O ° •° �n o m o = J N E a E > G 3 C E y� 2 L O !? _u n G E N N In J 3 ERE m C T, O O [O a E L T O O CO d N L G O N ❑ R O R '� ❑ 3 t 7 w Y u Q Q u u = u u Q Q u a v� u R R m E 0 E m aR o v o m W a v c m O E Z Q` y N „ 'a v v ? ¢ N m 'Q v v z a N V d N O N R C C Y U W N ° N C C Y O Y al LA — C 'O L 'O `u C > N 00 R C N V V N C > W OO y -O J y R `O R O 7 y -O y R u u LL l7 H VI Z Q LL 0 E Q fL F- W V1 Z O Q LL O d Q 6 CL Q d ey N M O Page 37 ++ N C N Y C C N v t4 N w m N J � O > N N c c u N _C ` vN J C w O O 6 O o r Cv 2 C� a Y L N N L C @ N ..0 J v1 •� d" h0 N O w u Qu �O C U N ^ t C N 0 W J O @ @ C N Q N = N N v U N v C N N H U 09 N > CJ w O O O Q C9 C O N Q N ` LL VI u > a N C N i LL N U VI d C O "O ?) C O N Vt o O1 L UJ �p y a O N O ci y 0. N L ci y N w C ZUi• U d Y O Z U N bL O N Z U U n O > coco4 w A > N cos o ❑ J Ul Y N @ O 7 O v .N Ll @ ❑ 7 n u a co c.7 0. a x u � m u d a z � a °� u d v a @ ❑ E@ c E@ c o p N °° a ° m Y ¢ w 0 O. .O ` •6 .0 C � y W N Q M i •� �u C y N d m L •� u o `M 10 d W 'O C yi C .Y .O b�0 @ p• G! '� C in .O `M @ 6 N C H F � V) Z Q LL C 6 Q d F U H Z Q LL C 6 Q d F 0 {A Z Q LL m a Lr) 0 Page 38 o I u E v c V � I C O N x Y O C p N U N O ' C C � Y I � G •� N N C m ✓ N p N m b L O D -O N C w O O C w �' Y C C O G y Q 6 c w E u_ v b O E C II v + m N C 0 N [ O E O y u O C N U N V = p N � C Y c E a � N u Di m E a m a c L N N v V O •VI ��yYY y Q E y VI L.I O W — c v o U N > C U > > C N O O p ` O L C D! C y O y Dl y > N DJ Dl L wm m •C > C 'O L N m O •vim — v y E ¢ o •o u Y c a — do m N c o n' N v=i a 3 °�' '� •� O O C .> O y O 0 = m C o`o o •2 v a c v vi u N w N O- N Y v� v� i/} Vl O � Y D! 'E t/} •• h Q tLa tLo \" C v w bD O d V L7 = bOD L O O C7 •am+ C Q p o E v 2 m s w u a m o o. ^ ° w o ` 0 d � 2i V c w U U m v � U Q Q v O N D o E m c E m c E m m W 'D 'O O m w m 'O O m w VI Z L y 01 N '�. L Q! N y Z D! N •p UI y Q Y N OD Y .a U1 y Q N OD 'O Q! O. C N D) b Q L 'm U C •� N Dl m m L V C > D) Ol N a s O m •� •p 0 3 a°1i v 3 m m u o (`o 0 3 a01i v 3 w u `m o CLD°i v a ''........ Z a F- (D m Z Q m g co o Ii Page 39 `o w � o c O h � O N n > W O � � Y D H O � Y j U > N v E n h O t u h v u E U o s u m vOi j. fO m m m L h N .E E c k2 v' ETv m o a 'o N c ` o y a m a a m p O y,, m CO c a O > O �' O O V} c c f6 Y E m E m •° a a o 'o C c -o Lb0 C C C s m o v m O o c m o w ° O co > Q c�i ,�, m O O O E m p Q +� a a �o v o c u v a o o c o v a > m E v ° -o m a O C m a+ h m O m !Z N OO L -� DO � � � Q o = c E a c u m O c •� U 'O c O E Y O W O N �n O w_ Y >O O U C LL Y h h > Y �- L GI N d VI ti U C M m O O 3 h 3 N m h m O u u -01a ome V- z z oe v `u y u u m a w U CO m u E N c E E c Zv =o =o =o C C C C m a LL m m m m o p p 9 m N m o a U N o a O o b0 , {Z.a Q i vhi m G W O W C C C C z 5 m Y V Y p h y C W 6 a O m > > ' U N mM -Fah C 9 a u C I Z VI N m N O a C y m y •� O C W m U w F ''' O O am+ m O O LL O 1 Q d H C7 VI Z Q LL p d Q W U a z0 Y Y m Y O� F V LL C c L) C C 0 Page 40 i i AP-50 Geographic Distribution —91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration)where assistance will be directed CDBG funds are distributed throughout the city. Low and moderate-income households exist in all of the census tracts in the city.The heavier concentrations can be found on both the East and West Hill of Kent. Geographic Distribution Target Area I Percentage of Funds City of Kent 100% Table 9-Geographic Distribution Rationale for the priorities for allocating investments geographically N/A. Discussion Poverty is high in pockets throughout the City(over 20%) and children qualifying for free and reduced lunches in the Kent School District is at 52%. Unemployment and dependence on public assistance has forced many households to use public services for basic needs including food, utility assistance, rental assistance, medical services, etc.The increased need and high volume of usage dictates that services be available to all low/moderate-income households in the City of Kent. 26 Annual Action Plan 2014 OMB Control No:2506-0117(exp.07/31/2015) Page 41 Affordable Housing AP-55 Affordable Housing—91.220(g) Introduction The City will provide rental assistance to prevent homelessness and rehabilitation assistance to keep Kent residents in their homes who might not otherwise be able to afford the upkeep for their homes. In addition,the City will invest in transitional housing and shelter beds. One Year Goals for the Number of Households to be Supported Homeless 15 Non-Homeless 80 Special-Needs 0 Tota 1 95 Table 10-One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 54 The Production of New Units 0 Rehab of Existing Units 80 Acquisition of Existing Units 0 Total 134 Table 11-One Year Goals for Affordable Housing by Support Type Discussion Rental assistance is provided through the Multi-service Center Housing Stability Program and the Refugee Women's Alliance Emergency Assistance and Case Management Program. The City of Kent also provides minor and major home repairs on homes owned by low/moderate-income Kent homeowners. (Due to increased costs for construction and home repair materials,the City is increasing the maximum amount of home repair grants per household to$7,500 (the former maximum was$5,000). Note: REWA provides both rental and utility assistance; however it cannot be determined at this point which type of assistance will be provided.) Goals for the homeless include transitional housing through YWCA-Anita Vista and shelter through Catholic Community Services-Katherine's House. 27 Annual Action Plan 2014 OMB Control No:2506-0117(exp.07/31/2015) Page 42 AP-60 Public Housing— 91.220(h) Introduction Public Housing residents have access to activities funded by the City;the City does not plan special activities for this population. Actions planned during the next year to address the needs to public housing All actions planned during 2014 address the needs of PH residents.The Senior Nutrition and Wellness Program is held at Birch Creek Apartments, a PH facility. Actions to encourage public housing residents to become more involved in management and participate in homeownership The City does not plan actions to encourage PH residents to become more involved in management and participate in homeownership; however,the Kent Cultural Diversity Initiative Group,which is staffed by the City, periodically hosts speakers from organizations like Habitat for Humanity of Seattle/King County and the King County Bar Association. These organizations notify housing and providers that work with low/moderate-income clients about housing opportunities and how to advocate for housing rights. If the PHA is designated as troubled,describe the manner in which financial assistance will be provided or other assistance N/A. Discussion N/A. 28 Annual Action Plan 2014 OMB Control No:2506-0117(exp.07/31/201S1 ',, Page 43 AP-65 Homeless and Other Special Needs Activities —91.220(i) Introduction The City will use several mechanisms to assist its residents who face homelessness and have other special needs. • Allocation Of resources to help Kent residents remain in their homes by providing home repair assistance; a great majority of these residents are seniors • Allocation Of resources for nursing services to the homeless who reside in transitional housing • Allocation of resources to provide culturally-specific food bags in accessible locations • Allocation of resources to provide overnight shelter to women in recovery and transitional housing for domestic violence survivors and their children • Allocation of resources to provide emergency assistance and case management to refugees and immigrants • Allocation of resources to provide congregate meals to refugee seniors Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons(especially unsheltered persons)and assessing their individual needs The HealthPoint Healthcare forthe Homeless Project has an outreach component to ensure that the homeless are aware of healthcare services.The City also funds outreach to the homeless through a General Fund-supported project. Addressing the emergency shelter and transitional housing needs of homeless persons The Cityfunds the YWCA-Anita Vista Transitional Housing Program for homeless DV victims and CCS's Katherine's House Program is a transitional shelter for homeless women.The City also funds a housing continuum through the General Fund to meet the range of housing needs to prevent homelessness or transition someone into housing from homelessness. Helping homeless persons (especially chronically homeless individuals and families,families with children,veterans and their families,and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness,facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again 29 Annual Action Plan 2014 OMB Control No:2506-0117(exp.07/31/2015) Page 44 The transitional housing programs supported by the City assist families and individuals in shelter or transitioning from the streets into housing.The REWA Emergency Management and Case Management Program help families manage resources and prevent them from becoming homeless. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health,social services, employment, education, or youth needs. Multi-Service Center assists individuals and families with these issues. In addition,the city has an information and resource specialist who assists and counsels families who are released from the correctional facility and healthcare facilities. Discussion One year goals for the number of households to be provided housing through the use of HOPWA for: Short-term rent, mortgage,and utility assistance to prevent homelessness of the individual or family Tenant-based rental assistance Units provided in housing facilities (transitional or permanent)that are being developed, leased, or operated Units provided in transitional short-term housing facilities developed, leased, or operated with HOPWA funds Total 30 Annual Action Plan 2014 OMB Control No:2506-0117(exp.07/31/2015) ii Page 45 AP-75 Barriers to affordable housing — 91.220(j) Introduction A great deal of staff time is used to educate and familiarize the community and policymakers about the evolving definition of"affordable housing". Although a large percentage of affordable housing located in the City is well-maintained,some of the stock is deteriorating and contributes to the perception that affordable housing is an eyesore in the community. This is a barrierto adding additional stock, and a priority is to upgrade stock when needed and encourage responsible ownership. Other barriers will be addressed as staff exposes the community to good affordable housing models through housing tours and question and answer sessions. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls,tax policies affecting land, zoning ordinances, building codes,fees and charges,growth limitations, and policies affecting the return on residential investment The City works with the Economic and Community Development Department on these issues; however, no specific actions are planned for 2014. Discussion i 31 Annual Action Plan 2014 0M0 Control No:2506-0117(exp.07/31/2015) Page 46 AP-85 Other Actions — 91.220(k) Introduction The City of Kent will enhance coordination by continuing to work with racial and ethnic minority providers to develop strategies that will allow them to co-locate in a central location making access for clients easier. The City of Kent will continue workto reduce the number of families in poverty through micro- enterprise training, maintaining relationships with local training schools,encouraging business to hire low-income residents,encouraging and supporting collaboration between employment specialists and outreach to increase opportunities for low-income residents to obtain livable wagejobs. In 2013,the City through the Kent Cultural Diversity Initiative Group, provided funding and supported a Refugee Employment Summit to increase jobs and connections between refugee leaders,employers and employment specialists. The City of Kent is committed to maintaining the affordable housing stock in our community. Using CDBG funds for the Home Repair Program allows home owners to maintain their homes and preserve the housing stock. Actions planned to address obstacles to meeting underserved needs The City is actively engaged with refugee and immigrant communities through the Kent Cultural Diversity Initiative Group. Additional time will be devoted to meeting with providers and representatives who specialize in serving these communities to help them develop an action plan to open a multicultural space that will include room to co-locate Ethnic-based Community Organizations (EBCOs). Actions planned to foster and maintain affordable housing The City will continue its long-term collaboration and participation on Boards,committees,funding review teams,etc.to foster and maintain affordable housing forthe South County Region.Through sub- regional efforts, elected officials and Land Use and Planning Board members will be educated about the need for and importance of affordable housing for the long term viability of the community. Actions planned to reduce lead-based paint hazards No actions are planned. Actions planned to reduce the number of poverty-level families Actions to reduce the number of poverty level families includes funding micro-enterprise training, 32 Annual Action Plan 2014 OMB Control No:2506-0117(exp.07/31/2015) Page 47 maintaining relationships with local training schools, encouraging business to hire low-income residents and outreach increase opportunities for low-income residents to obtain livable wage jobs. Actions planned to develop institutional structure No actions are planned. Actions planned to enhance coordination between public and private housing and social service agencies The City has been instrumental in developing relationships between these entities and will continue to foster and participate in these collaborations, including the Homeless Forum, a monthly meeting of housing and support service providers,South King Council of Human Services,South King County Housing Development Group, and the King County Housing Development Consortium. Discussion I I I 33 Annual Action Plan 2014 OMB Control No:2506-0117(exp.07/31/2015) Page 48 Program Specific Requirements AP-90 Program Specific Requirements—91.220(1)(1,2,4) Introduction Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(1)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table.The following identifies program income that is available for use that is included in projects to be carried out. 1.The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2.The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3.The amount of surplus funds from urban renewal settlements 0 4.The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5.The amount of income from float-funded activities 0 Total Program Income: 0 Other CDBG Requirements 1.The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit-A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% 34 Annual Action Plan 2014 OMB Control No:2506-0117(exp.07/31/2015) Page 49 Discussion The City will use all of its funds to benefit persons of low/moderate-income. I 35 Annual Action Plan 2014 OMB Control No:2506-01171exp.07131/2015) Page 50 APPLICATION FOR OMB Approval No.0348-0043 FEDERAL ASSISTANCE 2. DATES B MITTED Applicant Identifier October 8, 2013 DUNS #: 02-025-3613 1.TYPE OF SUBMISSION: 3.DATE RECEIVED BY STATE State Application Identifier A plication Preapplication Construction ❑Construction 4,DATE RECEIVED BY FEDERAL AGENCY Federal Identifier 0 Non-Construction ❑Non-Construction 5.APPLICANT INFORMATION '.. Legal Name: Organizational Unit: City of Kent Parks, Recreation &Community Services Address(give city,county,State,and zip code): Name and telephone number of person to be contacted on matters involvin 220 4th Ave. S this application(give area code) Kent, WA 98032 Katherin Johnson, 253-856-5073 6. EMPLOYER IDENTIFICATION NUMBER(EIN): 7.TYPE OF APPLICANT:(enter appropriate letter in box) MP� II 'OY�1 - nnn1 T2 5 4 A.State H.Independent School Dist, 8.TYPE OF APPLICATION: B.County I.State Controlled Institution of Higher Learning ❑ New Z Continuation ❑ Revision C. Municipal J. Private University D.Township K.Indian Tribe If Revision,enter appropriate letters)in box(es) F-1 ❑ E.Interstate L.Individual F. Intermunicipal M.Profit Organization A. Increase Award B.Decrease Award C.Increase Duration G.Special District N.Other(Specify) D.Decrease Duration Olher(specify).' 9.NAME OF FEDERAL AGENCY: Department of Housing and Urban Development(HUD) 10.CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11.DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: �1 ®--n[1 1-8 1 CDBG Entitlement Grant TITLE: CDBG Entitlement Grant 12.AREAS AFFECTED BY PROJECT(Cities,Counties,States, etc.): City of Kent, King County, Washington State 13,PROPOSED PROJECT 14.CONGRESSIONAL DISTRICTS OF: Start Date Ending Data a.Applicant b.Project 1/1I14 12/31/14 8th Congressional Disti9th Congressional Dist. Same 15. ESTIMATED FUNDING: 16.IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a.Federal 5 oo 914,499 a.YES. THIS PREAPPLICATIONIAPPLICATION WAS MADE b.Applicant AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: '.. c.State S m DATE d. Local S ae ',.... b.No. ® PROGRAM IS NOT COVERED BY E.O.12372 e.Other S 00 - ❑OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW f. Program Income $ °Q 17.IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? TOTAL $ 00 g 914,499 ❑Yes If"Yes,"attach an explanation. ✓❑ No 18.TO THE BEST OF MY KNOWLEDGE AND BELIEF,ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT,THE DOCUMENT HAS BEEN DULYAUTHORIZED BYTHE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE '.. ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a.Typo Name of Authorized Representative b.Title a Telephone Number Suzette Cooke Mayor (253)856-5700 d.Signature of Authorized Representative e.Date Signed Previous Edition Usable Standard Form 424(Rev.7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 Page 51 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director ® Phone: 253-856-5100 T Fax: 253-856-6050 WASH HG70N '.. Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 October 17, 2013 TO: Kent City Council Parks and Human Services Committee FROM: Ronda Billerbeck, Cultural Programs Manager THROUGH: Jeff Watling, Director of Parks, Recreation and Community Services SUBJECT: 2013 Western States Arts Federation Grant — Accept MOTION: Move to recommend accepting 2013 Western States Arts Federation grant in the amount of $2,500.00 and approving the expenditure of funds in the Kent Arts Commission's budget. SUMMARY: Western States Arts Federation (WESTAF) has awarded the Kent Arts Commission a IM (Independent Music) Tour Grant for $2,500. In 2013, Kent Arts Commission used the funding to support the presentation of The Changing Colors (an acoustic music duo) as part of the Kent Summer Concert Series, The group also led an educational outreach activity at Kent Parks' summer day camp program. EXHIBITS: WESTAF Grant Contract BUDGET IMPACT: Kent Arts Commission Budget i Page 52 NIII 2012-2013 IMTour Grant Contract / G�/�aGl/2GC Contract Date: January 7, 2013 / Presenter: City of Kent Arts Commision IMTour Award Amount: $2,500 Artistic Fees: $3,000 IMTour App ID: IMTP0015 CFDA number: 45.025 City of Kent Arts Commision FEIN #: 91-6001254 The Western States Arts Federation(WESTAF) shall assign the grant award amount to City of Kent Arts Commision following the return of a signed copy of this contract within 30 days of the contract date. Failure to return a signed copy of this contract In accordance with the schedule outlined shall result In the forfeiture of the grant award. IMTour is made possible through support from the National Endowment for the Arts, the Western States Arts Federation (WESTAF), and its participating state arts agencies. Support through IMTour is contingent on available funds. Project Description-the presenting organization is granted the above award amount for the following project:. Project Summary: One Concert for general public and an educational outreach activity with the artist. Artist(s)/Company: Changing Colors Engagement Date: August 13, 2013 OV Al _3tksl- Number of Public Performances: 1 J Number of Outreach Activities: 1 All IMTour supported engagements must include at least one (1) public performance and one 1) outreach activity with an educational component. A public performance is defined as a full-length performance for which promotion and marketing to the general public have been provided and the audience for which is a cross-section of the community (e.g. not primarily school-aged children during regular school hours). Examples of qualifying outreach activities are lecture-demonstrations, master classes, In-school educational activities involving students with the artist, etc. The following Items are not considered to be qualifying outreach activities: 1) a performance for students that does not include an educational component about the art form; 2) a guest artist's residency at an institution of higher education; 3) activities at an institution of higher education for which the majority of the audience are students and/or faculty; 4) tickets to the public performance offered on a complimentary basis; and 5) a lecture or demonstration that directly precedes or follows the public performance. Contracting with WESTAF - due date: February 5, 2013 Please note, this award Is contingent upon the return of a signed copy of the enclosed IMTour grant contract within 30 days of receipt of this award letter. This is the grant Page 54 contract between City of Kent Arts Commislon and WESTAF. Failure to return the grant contract in accordance with this schedule could result In the forfeiture of the grant award. Contracting with the artist - due date: September 3, 2013 If the final artist's letter of agreement/contract was not Included with the proposed IMTour application, this grant award will not become official until the grantee sends the fully executed, co-signed contract between City of Kent Arts Commislon and the artlst(s), Changing Colors. We must receive the contract no later than three weeks after the performance. Payment to the Grantee (Presenting Organization): WESTAF shall pay the grantee $2,500 upon: ® The satisfactory performance of the services described In the project description above ® Project and grantee compliance with established program rules and requirements per the IMTour grant guidelines. Submission of a copy of the final artist's letter of agreement/contract including the artistic fee ® The award amount must be matched 1 to 1 with Cash Income and/or In-Kind. o WESTAF could adjust the grant award amount accordingly if there is not enough of a match. o Timely return of a completed 2012-2013 IMTour final report and project description online at tt s: /amo caweb org/active proorams.php within 60 days following the engagement. ® Final Report Due: October 14, 2013 e Final report has been approved by WESTAF and the funds have been received by WESTAF from the NEA. s Funder crediting must be Included in the grantee's current season brochure, the performance program and any other promotional materials. Copies of these materials must be sent in with the final report. Grantees must clearly acknowledge support from the National Endowment for the Arts, WESTAF, and their States Arts Agency in their programs and related promotional materials. s Final report support materials, such as season brochures and performance programs, may be submitted online or sent to WESTAF at: 1743 Wazee Street, Suite 300, Denver, CO 80202, Support materials that are mailed to WESTAF must be received within 30 days of the submission of the online final grant report form. Payment to the Artist: The above artistic fees shall be paid directly to the artist/company (or designated representative) by the presenter as per the artist-presenter contract. Change Requests: If any dates, fees, and/or activities change at any time from those listed above, the presenter must notify WESTAF in writing via email to daniel.aid@westaf.org within 30 days Page 55 I'I of the change and provide an updated artistic contract. NOTE: Changes in plans may affect award amounts and must meet the goals and review criteria of the IMTour program. Failure to meet these requirements will result in the forfeiture of the grant award. Required Credit: Grantees must clearly acknowledge support from the National Endowment for the Arts, WESTAF, and their state arts agency in the programs and related promotional materials. Acknowledgement should be given in text and graphically by using the NEA and WESTAF logos. Copies of the WESTAF, IMTour, and NEA logos may be found at: tt : www westaf org/resources/locos & http //www arts aov/manageaward/locos/index html Alternately, copies of these logos may be requested via email by calling 303.629.1166, Acknowledgment of the National Endowment,for the Arts, WESTAF and the grantee's state arts agency can be phrased In a variety of ways: For example: Funding for the Commission and its programs is provided by the Western States Arts Federation and the National Endowment for the Arts. This project received support from [Grantee's State Arts Agency]; WESTAF, the Western States Arts Federation; and the National Endowment for the Arts. Compliance: All Information and conditions contained in the 2011-2012 IMTour guidelines are Incorporated herein. By signing this contract, the presenter agrees to comply with Title VI of the Civil Rights Act of 1964, as amended (42 U.S,C. 2000d et seq.); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and the Americans with Disabilities Act of 1990 ("ADA'� (42 U.S.C. 12101-12213); the Age Discrimination Act of 1975 (42 U.S.C. 6101 et sec.); Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); and The Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq. And 45 C.F.R. pt. 1154); as well as all regulations of the National Endowment for the Arts issued pursuant to these statutes; and the applicant hereby gives assurance to immediately take any measures necessary to comply. Compliance is mandatory with all requirements, paperwork, and related timelines as described herein; failure to do so may jeopardize current and/or future funding from WESTAF. We the undersigned understand and will comply with the terms of this contract. City of Kent Arts Commislon WESTAF (Western States Arts Federation) 220 4th Avenue South 5 1743 Wazee Street, Suite 300 Kent, WA 98032 Denver, CO 80202 Grantee (Presenter)/Address WESTAF/Address: please write in any corrections above Page 56 Authorized Signature for Presenter/Date Authorized Signature for WESTAF/Date Bryce Merrill/Senior Associate Director Arl,tame/Title Print Name/Title Phone: 303.629.1166 * Fax: 303.629,9717 t � i t r, V �VY1S. NLaYI� eJ• .(�lI�l C`, I Email: bryce.merrill@westaf.org Phone/Fax/Email � �J,-[J '�� JLa {��'F Phone/Fax/E-mail Tax ID Number / ^ C) 2 Please return the signed contract within 30 days to: WESTAF, 1743 Wazee St, Suite 300, Denver, CO 80202 Attn: IMTour Phone: 303.629.1166 * Fax: 303.629,9717 * E-mail: bryce.merriil@westaf.org Page 57 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 440 ® Fax: 253-856-6050 WASHINGTON Address: 220 Fourth Avenue S. III Kent, WA. 98032-5895 October 17, 2013 TO: Kent City Council Parks and Human Services Committee FROM: Hope Gibson, Parks Planning and Development Manager THROUGH: Jeff Watling, Director Parks, Recreation and Community Services SUBJECT: Recreation and Conservation Office Grant Agreement - Authorize MOTION: Move to recommend accepting the reimbursement funds from the Recreation and Conservation Office for an amount not to exceed $834,725.00, and authorizing the Mayor to sign all necessary documents, subject to terms and conditions acceptable to the City Attorney and Pari's Director. SUMMARY: In 2010, the city purchased approximately 32 acres at the north end of the city known as the Huse property. The purchase price was $1,500,000. Staff received a $650,000 grant from King County Conservation Futures toward the purchase. Staff also applied for a reimbursement grant through the Washington State Recreation and Conservation Office, and were awarded $834,725.00. The grant will pay for half of the purchase price and all qualifying "soft costs" associated with the purchase of the property. EXHIBITS: Recreation and Conservation Office WWRP Project Agreement BUDGET IMPACTS: The funds will reimburse the Park Land Acquisition Budget. Page 58 Page 59 WASHINGTONSTATE Recreation and Conservation Office WWRP Project Agreement Outdoor Recreation Account Project Sponsor: Kent Parks, Recreation&Community Services Project Number:12-1525A Project This: Huse/Soos Creek Property Acquisition Approval Date:7/1/2013 A. PARTIES OF THE AGREEMENT This project grant Agreement(Agreement)is entered into between the State of Washington by and through the Recreation and Conservation Funding Board(RCFB)and the Recreation and Conservation Office,P.O.Box 40917, Olympia,Washington 98504-0917 and City of Kent by and through the Kent Parks, Rec&Comm Sery(sponsor),220 4th Ave S, Kent,WA 98032-5895 and shall be binding on the agents and all persons acting by or through the parties. B. PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the Outdoor Recreation Account of the State of Washington. The grant is administered by the Recreation and Conservation Office(RCO)to the sponsor for the project named above. C. DESCRIPTION OF PROJECT The City of Kent will use this grant to acquire two parcels of land totaling 33.7 acres next to Soos Creek to serve as a trailhead to the regional Soos Creek trail and serve as a passive community park for residents in the Panther Lake area of Kent.The property is located within the City limits,in the newly annexed area of Panther Lake.By acquiring the property,the City will be able to provide community park elements to an underserved area within the city while providing additional connectivity by enhancing access to the Soos Creek trail.The primary recreation provided by this project will be for passive recreation and regional trail access. D. PERIOD OF PERFORMANCE The project reimbursement period shall begin on September 6,2013 and end on December 31,2014. No expenditure made before or after this period is eligible for reimbursement unless incorporated by written amendment into this Agreement or specifically provided for by RCFB and/or SRFB policy or WAC. Requests for time extensions are to be made at least 60 days before the Agreement end date. If the request is made after the Agreement end date,the time extension may be denied. The sponsor has obligations beyond this period of performance as described in Section E. E. ON-GOING OBLIGATION For acquisition projects the project sponsor's on-going obligations shall be in perpetuity and shall survive the completion/termination of this project Agreement unless otherwise identified in the Agreement or as approved by the funding board.It is the intent of the funding board's conversion policy(see section 23)that all lands acquired with funding assistance remain in the public domain in perpetuity. F. PROJECT FUNDING The total grant award provided by the funding board for this project shall not exceed$834,725.00. The funding board shall not pay any amount beyond that approved for grant funding of the project and within the funding board's percentage as identified below. The sponsor shall be responsible for all total project costs that exceed this amount. The contribution by the sponsor toward work on this project at a minimum shall be as indicated below: Percentage DollarAmount RCFB-WWRP-Local Parks 50.00% $834,725.00 Project Sponsor 50.00% $834,725.00 Total Project Cost 100.00% $1,669,450.00 WWRP Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 1 of 16 PROJAGR.RPT Page 60 G. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments,as now existing or hereafter amended,including the sponsor's application,eligible scope activities,project milestones,and the Standard Terms and Conditions ofthe project Agreement,all ofwhich are incorporated herein. I Except as provided herein,no amendment/deletions of any of the terms or conditions of this Agreement will be effective unless provided in writing. All such amendmenUdeletions must be signed by both parties except the RCO director may unilaterally make amendments to extend the period of performance. Period of performance extensions need only be signed by RCO's director or designee. H. COMPLIANCE WITH APPLICABLE STATUTES,RULES,AND RCFB-SRFB POLICIES This agreement is governed by,and the sponsor shall comply with,all applicable state and federal laws and regulations,including Chapter 79A.15 RCW,Chapter 286 WAC,and published agency policies,which are incorporated herein by this reference as if fully set forth. I. SPECIAL CONDITIONS None J. FEDERAL FUND INFORMATION (none) K. PROJECT GRANTAGREEMENT REPRESENTATIVE All written communications and notices under this Agreement will be addressed and sent to at least the mail address or the email address listed below if not both: Project Contact RCFB Name: Brian Levenhagen Recreation and Conservation Office Title: Assistant Park Planner Natural Resources Building Address: 220 4th Ave S PO Box 40917 Kent,WA 98032 Olympia,Washington 98504-0917 Email: bjlevenhagen@ci.kent.wa.us These addresses shall be effective until receipt by one party from the other of a written notice of any change. L. ENTIREAGREEMENT This Agreement,with all amendments and attachments,constitutes the entire Agreement of the parties. No other understandings,oral or otherwise,regarding this Agreement shall exist or bind any of the parties. M. EFFECTIVE DATE This Agreement,for project 12-1525A,shall be subject to the written approval of the RCO's authorized representative and shall not be effective and binding until executed by both the Sponsor and the RCO. Reimbursements for eligible and allowable casts incurred within the period of performance identified in Section D above are allowed only when this Agreement is fully executed and an original is received by RCO. VAN RP Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter 79A,15 RCW,Chapter 286 WAC Page 2 of 16 PROJAGR.RPT Page 61 The sponsods has read,fully understands,and agrees to be bound by all terms and conditions as set forth in this Agreement.The signators listed below represent and warrant their authority to bind the parties to this Agreement. Kent Parks,Rec&Comm Sew By: Date' Name: (printed) Title: State of Washington On behalf of the Recreation and Conservation Funding Board(RCFB) By: Date, Kaleen Cottingham Director Pre-approved as to form: By: /a/ Date: June 7,2013 Assistant Attorney General - WWRP Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter 79A.15 RCW, Chapter 286 WAC Page 3 of 16 PROJAGR.RPT Page 62 Standard Terms and Conditions of the Project Agreement Table of Contents Page SECTION 1. CITATIONS,HEADINGS AND DEFINITIONS............................................................ 6 li SECTION 2. PERFORMANCE BY THE SPONSOR..................................................................... 7 SECTION3. ASSIGNMENT........................................................................................I........... 7 SECTION 4. RESPONSIBILITY FOR PROJECT.........................................................I............... 7 SECTION5. INDEMNIFICATION............................................................................................. 7 SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR....................................................... 7 SECTION 7. CONFLICT OF INTEREST.................................................................................... 8 ''�. SECTION 8. ACKNOWLEDGMENT AND SIGNS........................................................................ 8 SECTION 9. COMPLIANCE WITH APPLICABLE LAW.,.......................... .................I................ 8 SECTION 10. HAZARDOUS SUBSTANCES.............................. ............................. ........... 9 SECTION11. RECORDS......................................................................................................... 9 SECTION 12. TREATMENT OF ASSETS.................................................................................... 9 SECTION 13. RIGHT OF INSPECTION...............................................................................I....... 10 SECTION 14. STEWARDSHIP AND MONITORING...................................................................... 10 SECTION 15. DEBARMENT CERTIFICATION.......................................................................I..... 10 III SECTION 16. PROJECT FUNDING.............................................................................I............. 10 SECTION 17. PROJECT REIMBURSEMENTS........................................................I................... 10 'I SECTION 18. ADVANCE PAYMENTS.......................................................... ............................ 11 SECTION 19. RECOVERY OF PAYMENTS................................................................................ 11 i SECTION 20. CONVENANT AGAINST CONTINGENT FEES...............................................I......... 11 I SECTION 21. PROVISIONS APPLYING TO DEVELOPMENT,RENOVATION AND RESTORATIONPROJECTS.....................................................................I............ 11 SECTION 22. PROVISIONS APPLYING TO ACQUISITION PROJECTS.......................................... 11 SECTION 23. RESTRICTION ON CONVERSION OF REAL PROPERTY AND/OR FACILITIES TO OTHER USES.......................................................I......... 12 SECTION 24. CONSTRUCTION,OPERATION,USE AND MAINTENANCE OFASSISTED PROJECTS...................................................................I.............. 12 SECTION 26. INCOME AND INCOME USE..... .......................................I.................................. 13 SECTION 26. PREFERENCES FOR RESIDENTS....................................................................... 13 VWdRP Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter 79A.15 RCW, Chapter 286 WAC Page 4 of 19 PROJAGR.RPT Page 63 PROVISIONS RELATED TO CORPORATE INCLUDING NONPROFIT SECTION27. ( 1 SPONSORS...................................................................................................... 13 SECTION 28. LIABILITY INSURANCE REQURRMENTS FOR FIREARMS AND ARCHERY RANGE SPONSORS................................................................... 13 SECTION 29. REQUIREMENTS OF THE NATIONAL PARK SERVICE.,........................................... 14 SECTION 30. FARMLAND PRESERVATION ACCOUNT............................................................. 14 SECTION 31. ORDER OF PRECEDENCE................................................................................. 14 !, SECTION 32. AMENDMENTS...................................................................I............................. 14 SECTION 33. LIMITATION OF AUTHORITY.............................................................................. 14 SECTION 34. WAIVER OF DEFAULT....................................................................................... 14 SECTION 35. APPLICATION REPRESENTATIONS-MISREPRESENTATIONS ICI OR INACCURACY OR BREACH................................. ...... ........................I.. SECTION 36. SPECIFIC PERFORMANCE................................................................................ 15 SECTION37. TERMINATION................................................................................................. 15 SECTION 38. DISPUTE HEARING.......................................................................................... 15 SECTION 39. ATTORNEYS'FEES.......................................................................................... 15 SECTION 40. GOVERNING LAWfVENUE........................................................I.....................— 16 SECTION 41. SEVERABILITY................................................................................................ 16 WWRP Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 5 of 16 PROJAGR.RPT Page 64 y " WASHINGTON STATE Recreation and Conservation Office Standard Terms and Conditions of the Project Agreement Project Sponsor: Kent Parks, Recreation&Community Services Project Number: 12-1525A Project Title: Huse/Soos Greek Property Acquisition Approval Date:7/1/2013 SECTION 1. CITATIONS,HEADINGS AND DEFINITIONS A. Any citations referencing specific documents refer to the current version at the date of project Agreement and/or any revisions in the future. B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. C. Definitions.As used throughout this Agreement,the following terms shall have the meaning set forth below; acquisition-The purchase of fee or less than fee interests in real property. These interests include, but are not limited to, conservation easements,access/trail easements,covenants,water rights,leases,and mineral rights. Agreement-The accord accepted by all parties to the present transaction;this Agreement,any supplemental Agreements,any amendments to this Agreement and any intergovernmental Agreements. applicant-Any agency or organization that meets the qualifying standards,including deadlines,for submission of an application soliciting a grant of funds from the funding Board. application-The documents and other materials that an applicant submits to the RCO to support the applicant's request for grant funds;this includes materials required for the"Application"in the RCO's automated project information system,and other documents as noted on the application checklist including but not limited to legal opinions,maps,plans,evaluation presentations and scripts. asset-Equipment purchased by the sponsor or acquired or transferred to the sponsor for the purpose of this Agreement.This definition is restricted to non-fixed assets, including but not limited to vehicles,computers or machinery. cognizant or oversight agency-Federal agency responsible for ensuring compliance with federal audit requirements. contractor-Shall mean one not in the employment of the sponsor who is performing all or part of the eligible activities for this project under a separate Agreement with the sponsor.The term"contractor"and"contractors"means contractor(s)in any tier. development-The construction of or work resulting in new elements,including but not limited to structures,facilities,and/or materials to enhance outdoor recreation,salmon recovery or habitat conservation resources. director-The chief executive officer of the Recreation and Conservation Office or that person's designee. elements,items and worktypes-Components of the funded project as provided in the project description. funding board-The board that authorized the funds in this Agreement,either the Recreation and Conservation Funding Board (RCFB)created under chapter 79A.25.110 RCW,or the Salmon Recovery Funding Board(SRFB)created under chapter 77.85.110 RCW. grantee-The organizational entity or individual to which a grant(or cooperative agreement)is awarded and signatory to the Agreement which is responsible and accountable both for the use of the funds provided and for the performance of the grant-supported project or activities. landowner agreement-A landowner agreement is required between a SRFB and/or RTP project sponsor and landowner for projects located on land not owned,or otherwise controlled,by the sponsor. lower tier participant-refers to any sponsor receiving a federal grant through RCO. Lower tier participants also refer to any grantee,subgrantee,or contractor of any grantee or subgrantee from the original sponsor funded by RCO. milestone-An important event with a defined deadline for an activity related to implementation of a funded project. period of performance-The time period specified in the Agreement,under Section D,period of performance. project-The undertaking that is the subject of this Agreement and that is,or may be,funded in whole or in part with funds administered by RCO on behalf of the funding board. RCO-Recreation and Conservation Office-The state office that provides administrative support to the Recreation and Conservation Funding Board and Salmon Recovery Funding Board.RCO includes the director and staff,created by Chapters 79A.25.110 and 79A.25.150 RCW and charged with administering this Agreement by Chapters 77.85.110 and 79A.25.240 RCW. reimbursement-Payment of eligible and allowable costs that have already been paid by the sponsor per the terms of the Agreement. renovation- The activities intended to improve an existing site or structure in order to Increase its service life or functions.This does not include maintenance activities. restoration-Bringing a site back to its original function as part of a natural ecosystem or improving the ecological functionality of a site. RTP-Recreational Trails Program-Afederal grant program administered by RCO that allows for the development and maintenance of backcountry trails. secondary sponsor-one of two or more eligible organizations that sponsors a grant-funded project.Of these two sponsors, only one-the primary sponsor-may be the fiscal agent. sponsor-The eligible applicant who has been awarded a grant of funds and is bound by this executed Agreement;includes its officers,employees,agents and successors. subgrantee-The government or other legal entity to which a subgrant is awarded and which is accountable to the grantee for the use of the funds provided. 1, WWRP Project Agreement-RCO#1 2-1525A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAG Page 6of 16 PROJAGR.RPT Page 65 i I SECTION 2. PERFORMANCE BY THE SPONSOR The sponsor,and secondary sponsor where applicable,shall undertake the project as described in this Agreement,post evaluation summary,the sponsor's application,and in accordance with the sponsor's proposed goals and objectives described in the application or documents submitted with the application,all as finally approved by the funding board.All submitted documents are incorporated by this reference as if fully set forth herein.The Order of Precedence is covered in Section 31. III. Timely completion of the project and submission of required documents,including progress and final reports,is important.Failure to meet critical milestones or complete the project,as set out in this Agreement,is a material breach of the Agreement. '... SECTION 3. ASSIGNMENT Neither this Agreement,nor any claim arising under this Agreement,shall be transferred or assigned by the sponsor without prior written consent of the Recreation and Conservation Office. - I SECTION 4. RESPONSIBILITY FOR PROJECT I While the funding board undertakes to assist the sponsor with the project by providing a grant pursuant to this Agreement,the project itself remains the sole responsibility of the sponsor.The funding board undertakes no responsibilities to the sponsor,a secondary sponsor,or to any third party, other than as is expressly set out in this Agreement.The responsibility for the implementation of the project is solely that of the sponsor,as is the responsibility for any claim or suit of any nature by any third party related in any way to the project. When a project is sponsored by more than one entity,any and all sponsors are equally responsible for the project and all post-completion stewardship responsibilities. SECTION S. INDEMNIFICATION The sponsor shall defend,indemnify,and hold the State and its officers and employees harmless from all claims,demands,or suits at law or equity arising in whole or in part from the actual or alleged acts,errors,omissions or negligence of,or the breach of any obligation under this Agreement by,the sponsor or the sponsor's agents,employees,subcontractors or vendors,of any tier,or any other persons for whom the sponsor may be legally liable. Provided that nothing herein shall require a sponsor to defend or indemnify the State against and hold harmless the State from claims,demands or suits based solely upon the negligence of,or breach of any obligation under this Agreement by the State,its agents,officers,employees,subcontractors or vendors,of any tier,or any other persons for whom the State may be legally liable. Provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the sponsor or the sponsor's agents,employees,subcontractors or vendors,of any tier,or any other persons for whom the Sponsor is legally liable, and(b)the '.. State its agents,officers,employees,subcontractors and or vendors,of any tier,or any other persons for whom the Slate may be legally liable,the indemnity obligation shall be valid and enforceable only to the extent of the sponsor's negligence or the negligence of the sponsor's agents,employees,subcontractors or vendors,of any tier,or any other persons for whom the sponsor may be legally liable. This provision shall be included in any Agreement between sponsor and any subcontractor and vendor,of any tier. The sponsor shall also defend,indemnify,and hold the State and its officers and employees harmless from all claims,demands,or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information,know-how,copyright rights or inventions by the sponsor or the sponsor's agents,employees,subcontractors or vendors,of any tier,or any other persons for whom the sponsor may be legally liable, in performance of the Work under this Agreement or arising out of any use in connection with the Agreement of methods,processes, designs,information or other items furnished or communicated to Slate,its agents,officers and employees pursuant to the Agreement;provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,patents,proprietary information,know-how,copyright rights or inventions resulting from State's, its agents',officers'and employees'failure to comply with specific written instructions regarding use provided to State,its agents, officers and employees by the sponsor,its agents,employees,subcontractors or vendors,of any tier,or any other persons for whom the sponsor may be legally liable. The sponsor specifically assumes potential liability for actions brought by the sponsor's own employees or its agents against the State and,solely for the purpose of this indemnification and defense,the sponsor specifically waives any immunity under the state industrial insurance law,Title 51 RCW. The RCO is included within the term State,as are all other agencies,departments,boards,or other entities of state government. SECTIONS. INDEPENDENT CAPACITY OF THE SPONSOR The sponsor and its employees or agents performing under this Agreement are not officers,employees or agents of the funding board or RCO.The sponsor will not hold itself out as nor claim to be an officer,employee or agent of RCO,a funding board or of the state of Washington,nor will the sponsor make any claim of right, privilege or benefit which would accrue to an employee under Chapters - 41.06 or 28B RCW. The sponsor is responsible for withholding and/or paying employment taxes,insurance, or deductions of any kind required by federal, WW RP Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 7 of 16 PROJAGR.RPT Page 66 state,and/or local laws. SECTION7. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may,in its sole discretion,by written notice to the sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in Public Service Act,Chapter 42.52 RCW;or any similar statute involving the sponsor in the procurement of,or performance under,this Agreement. In the event this Agreement is terminated as provided above, RCO shall be entitled to pursue the same remedies against the sponsor as it could pursue in the event of a breach of the Agreement by the sponsor.The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. SECTION& ACKNOWLEDGMENT AND SIGNS A. Publications.The sponsor shall include language which acknowledges the funding contribution of the applicable grant program to this project in any release or other publication developed or modified for,or referring to,the project during the project period and in the future. B. Signs.The sponsor also shall post signs or other appropriate media during the project period and in the future at project entrances and other locations on the project which acknowledge the applicable grant program's funding contribution,unless exempted in funding board policy or waived by the director. C. Ceremonies.The sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project.The sponsor shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies. D. Federally Funded Projects.When issuing statements,press releases,requests for proposals,bid solicitations,and other documents describing a project funded in whole or in part with federal money provided for in this grant,sponsors shall clearly state: 1. The percentage of the total costs of the project that is financed with federal money; 2. The dollar amount of federal funds for the project;and 3. The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources. SECTION 9. COMPLIANCE WITH APPLICABLE LAW The sponsor will implement the Agreement in accordance with applicable federal,state,and local laws,regulations and RCO and funding board policies regardless of whether the sponsor is a public or non-public organization. The sponsor shall comply with,and RCO is not responsible for determining compliance with,any and all applicable federal,state,and local laws,regulations,and/or policies,including,but not limited to:State Environmental Policy Act;Industrial Insurance Coverage; Architectural Barriers Act;permits(shoreline,Hydraulics Project Approval,demolition);land use regulations(critical areas ordinances, Growth Management Act);federal and state safety and health regulations(Occupational Safety and Health Administration/Washington Industrial Safety and Health Act);and Buy American Act. Endangered Species For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the sponsor shall not commence with clearing of npanan trees or in-water work unless either the sponsor has complied with 50 CFR 223.203(b)(8),limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration.Violation of this requirement maybe grounds for terminating this project Agreement. This section shall not be the basis for any enforcement responsibility by RCO. Nondiscrimination Laws The sponsor shall comply with all applicable federal,slate,and local nondiscrimination laws and/or policies,including but not limited to:the Americans with Disabilities Act;Civil Rights Act;and the Age Discrimination Act.In the event of the sponsor's noncompliance or refusal to comply with any nondiscrimination law or policy,the Agreement may be rescinded,cancelled,or terminated in whole or in part,and the sponsor may be declared ineligible for further grant awards from the funding board.The sponsor is responsible for any and all costs or liability arising from the sponsor's failure to so comply with applicable law. Wages and Job Safety The sponsor agrees to comply with all applicable laws,regulations,and policies of the United States and the State of Washington which affect wages and job safety. The sponsor agrees when state prevailing wage laws(RCW 39.12)are applicable,to comply with such laws,to pay the prevailing rate of wage to all workers,laborers,or mechanics employed in the performance of any part of this contract,and to file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as required by RCW 39.12.040. The sponsor also agrees to comply with the provisions of the Davis-Bacon Act,and other federal laws, and the rules and regulations of the Washington State Department of Labor and Industries. Archaeological and Cultural Resources The RCO reviews all applicable projects for potential impacts to archaeological sites and state cultural resources. The sponsor must comply with Executive Order 05-05 or the National Historic Preservation Act before initiating ground disturbing activity. - The funding board requires documented compliance with Executive Order 05-05 or Section 106 of the National Historic Preservation Act,whichever is applicable to the project. If a federal agency declines to consult,the sponsor shall comply with the requirements of WW RP Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 8 of 16 PROJAGR.RPT Page 67 Executive Order 05-05. In the event that archaeological or historic materials are discovered during project activities,work in the location of discovery and immediate vicinity must stop instantly,the area must be secured,and notification must be provided to the following:concerned Tribes'cultural staff and cultural committees,RCO, and the State Department of Archaeology and Historic Preservation. If human remains are discovered during project activity,work in the location of discovery and immediate vicinity must ! stop instantly,the area must be secured,and notification provided to the concerned Tribe's cultural staff and cultural committee, RCO, State Department of Archaeology,the coroner and local law enforcement in the most expeditious manner possible according to RCW 68.50 Restrictions on Grant Use No part of any funds provided under this grant shall be used,other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes,or for the preparation,distribution,or use of any kit,pamphlet,booklet,publication,radio, television,or video presentation designed to support or defeat legislation pending before the U.S.Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any sponsor,or agent acting for such sponsor,related to any activity designed to influence legislation or appropriations pending before the U.S.Congress or any state legislature. SECTION 10. HAZARDOUS SUBSTANCES A. Certification.The sponsor shall inspect,investigate,and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances,as defined in Chapter 70.105D.020(10)RCW,and certify: 1. No hazardous substances were found on the site,or 2. Any hazardous substances found have been treated and/or disposed of in compliance with applicable stale and federal laws,and the site deemed"clean." B. Responsibility.Nothing in this provision alters the sponsor's duties and liabilities regarding hazardous substances as set forth in Chapter 70.105D RCW. C. Hold Harmless.The sponsor will defend,protect and hold harmless RCO and any and all of its employees and/or agents,from and against any and all liability,cost(including but not limited to all costs of defense and attorneys'fees)and any and all loss of any nature from any and all claims or suits resulting from the presence of,or the release or threatened release of,hazardous substances on the property the sponsor is acquiring. SECTION 11. RECORDS A. Maintenance.The sponsor shall maintain books,records,documents,data and other evidence relating to this Agreement and performance of the services described herein,including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement.Sponsor shall retain such records for a period of six years from the date RCO deems the project complete,as defined in Section 17(C)below. If any litigation,claim or audit is started before the expiration of the six(6)year period,the records shall be retained until all litigation,claims,or audit findings involving the records have been resolved. B. Access to records and data.At no additional cost,the records relating to the Agreement,including materials generated under the Agreement,shall be subject at all reasonable times to inspection,review or audit by RCO,personnel duly authorized by RCO,the Office of the State Auditor,and federal and slate officials so authorized by law,regulation or Agreement.This includes access to all information that supports the costs submitted for payment under the grant and all findings,conclusions,and recommendations of the sponsor's reports, including computer models and methodology for those models. C. Public Records.Sponsor acknowledges that the funding board is subject to chapter 42.56 RCW and that this Agreement and any records sponsor submits or has submitted to the State shall be a public record as defined in chapter 42.56 RCW. Additionally,in compliance with RCW 77.85.130(8),sponsor agrees to disclose any information in regards to expenditure of any funding received from the SRFB. By submitting any record to the state sponsor understands that the State may be requested to disclose or copy that record under the state public records law,currently codified at RCW 42.56. The sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy such document to respond to a request under state public records laws. The Sponsor hereby agrees to release the State from any claims arising out of allowing such review or copying pursuant to a public records act request,and to indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state's defense of such claims. SECTION 12. TREATMENT OF ASSETS A. Assets shall remain in the possession of the sponsor for the duration of the project or applicable grant program.When the sponsor discontinues use of the asset(s)for the purpose for which it was funded,RCO will require the sponsor to deliver the asset(s)to RCO,dispose of the asset according to RCO policies,or return the fair market value of the asset(s)to RCO.Assets shall be used only for the purpose of this Agreement,unless otherwise provided herein or approved by RCO in writing. B. The sponsor shall be responsible for any loss or damage to assets which results from the negligence of the sponsor or which results from the failure on the part of the sponsor to maintain and administer that asset in accordance with sound management practices. WWR P Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 9 of 16 PROJAGR.RPT Page 68 SECTION 13. RIGHT OF INSPECTION The sponsor shall provide right of access to the project to RCO,or any of its officers,or to any other authorized agent or official of the state of Washington or the federal government,at all reasonable times,in order to monitor and evaluate performance,compliance, and/or quality assurance under this Agreement. If a landowner agreement or other form of control and tenure has been executed,it will further stipulate and define the funding board and RCO's right to inspect and access lands acquired or developed with funding board assistance. SECTION 14. STEWARDSHIP AND MONITORING Sponsor agrees to perform monitoring and stewardship functions as stated in policy documents approved by the funding boards or RCO.Sponsor further agrees to utilize,where applicable and financially feasible,any monitoring protocols recommended by the funding board. SECTION 16. DEBARMENT CERTIFICATION A. For Federally Funded Projects By signing the Agreement with RCO,the sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred,suspended,proposed for debarment,declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency. Further,the sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the Office of Inspector General Suspension and Debarment List at http:/Aw .gsaig.gov/index.cfm?LinkSeN[D=C4C89080-D2BE-D29A-96355D44Al 3E4356. The sponsor(prospective lower tier participant)shall provide immediate written notice to RCO if at any time the prospective lower tier participant learns that the above certification was not correct when submitted or has become erroneous by reason of changed circumstances. B. For Stale Funded Projects By signing the Agreement with RCO,the sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred,suspended,proposed for debarment,declared ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries. Further,the sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the"Contractors not Allowed to Bid on Public Works Projects"list at hltp://www.l n i.wa.g ovFrradesLicens i ng/P mvWage/Award ingAg en cies/Deba rredContractors/ SECTION 16. PROJECT FUNDING A. Additional Amounts.The funding board shall not be obligated to pay any amount beyond the dollar amount as identified in this Agreement, unless an additional amount has been approved in advance by the funding board or director and incorporated by written amendment into this Agreement. B. Before the Agreement.No expenditure made,or obligation incurred,by the sponsor before the project start date shall be eligible for grant funds,in whole or in part, unless specifically provided for by funding board policy,such as a waiver of retroactivity,or program specific eligible pre-Agreement costs.For reimbursements of such costs,this Agreement must be fully executed and an original received by RCO.The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement C. After the period of performance.No expenditure made,or obligation incurred,following the period of performance shall be eligible,in whole or in part,for grant funds hereunder.In addition to any remedy the funding board may have under this Agreement,the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. SECTION 17. PROJECT REIMBURSEMENTS A. This contract is administered on a reimbursement basis.The sponsors may only request reimbursement after eligible and allowable costs have already been paid by the sponsor and remitted to their vendors. RCO will then reimburse the sponsor for those costs based upon RCO's percentage as defined in Section F of the Project Agreement of the amount billed to RCO.RCO does not reimburse for donations which the sponsor may use as part of its percentage.All reimbursement requests must include proper documentation of expenditures as required by RCO. B. Compliance and Payment.The obligation of RCO to pay any amount(s)under this Agreement is expressly conditioned on strict compliance with the terms of this Agreement by the sponsor. C. Compliance and Retainage.RCO reserves the right to withhold disbursement of up to the final ten percent(10%)of the total amount of the grant to the sponsor until the project has been completed.A project is considered"complete"when: 1. All approved or required activities outlined in the Agreement are done; 2. On-site signs are in place(if applicable); 3. A fmal project report is submitted to and accepted by RCO; 4. Any other required documents are complete and submitted to RCO; 5. Afinal reimbursement request is submitted to RCO; 6. The completed project has been accepted by RCO; 7. Final amendments have been processed;and 8. Fiscal transactions are complete. WWRP Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 10 of 16 PROJAGR,RPT Page 69 9. RCO has accepted a final boundary map,if required for the project,for which the Agreement terms will apply in the future. D. Reimbursement Request Frequency.Sponsors are encouraged to send RCO a reimbursement request at least quarterly. Sponsors are required to submit a reimbursement request to RCO,at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30. Sponsors must refer to the most recently published/adopted RCO policies and procedures regarding reimbursement requirements. SECTION 18. ADVANCE PAYMENTS Advance payments of or in anticipation of goods or services to be provided under this Agreement are limited to grants approved by the SRFB and must comply with SRFB policy. See WAC 420-12-060(5). SECTION 19, RECOVERY OF PAYMENTS In the event that the sponsor fails to expend funds under this Agreement in accordance with state and federal laws,and/or the provisions of the Agreement,or meet its percentage of the project total,RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. The sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement.Repayment by the sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO.Interest shall accrue at the rate of twelve percent(12%)per annum from the time that payment becomes due and owing. SECTION 20. COVENANT AGAINST CONTINGENT FEES The sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an Agreement or understanding for a commission, percentage,brokerage or contingent fee,excepting bona fide employees or bona fide established agents maintained by the sponsor for the purpose of securing business. RCO shall have the right,in the event of breach of this clause by the sponsor,to terminate this Agreement without liability or,in its discretion,to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission,percentage,brokerage or contingent fee. SECTION 21. PROVISIONS APPLYING TO DEVELOPMENT,RENOVATIONAND RESTORATION PROJECTS The following provisions shall be in force only if the project described in this Agreement is for development,renovation and restoration of land or facilities for outdoor recreation,habitat conservation,or salmon recovery: A. Document Review and Approval.The sponsor agrees to submit one copy of all development,renovation,restoration or construction plans and specifications to RCO for review prior to implementation.Review and approval by RCO will be for compliance with the terms of this Agreement. B. Contracts for Development,Renovation,or Restoration.Sponsors must have a procurement process that follows applicable state and/or required federal procurement principles. If no such process exists the sponsor must follow these minimum procedures: (1)publish a notice to the public requesting bids/proposals forthe project(2)specify in the notice the date for submittal of bids/proposals(3)specify in the notice the general procedure and criteria for selection;and (4)comply with the same legal standards regarding unlawful discrimination based upon race,ethnicity,sex,or sex-orientation that are applicable to stale agencies in selecting a bidder or proposer. This procedure creates no rights for the benefit of third parties,Including any proposers,and may not be enforced or subject to review of any kind or manner by any other entity other than the RCO. Sponsors may be required to certify to the RCO that they have followed any applicable state and/or federal procedures or the above minimum procedure where state or federal procedures do not apply. C. Contract Change Order.Only change orders that impact the amount of funding or changes to the scope of the project as described to and approved by the funding board or RCO must receive prior written approval. D. Control and Tenure.The sponsor must provide documentation that shows appropriate tenure(landowner agreement,long term lease,easement,or fee simple ownership)for the land proposed for development, renovation or restoration. The documentation must meet current RCO requirements. E, Nondiscrimination.Except where a nondiscrimination clause required by a federal funding agency is used,the sponsor shall insert the following nondiscrimination clause in each contract for construction of this project: "During the performance of this contract, the contractor agrees to comply with all federal and state nondiscrimination laws,regulations and policies." F. Use of Best Management Practices. Project sponsors are encouraged to use best management practices developed as part of the Washington State Aquatic Habitat Guidelines(AHG)Program.The best management practices are described in three documents:"Stream Habitat Restoration Guidelines:Final Draft",2004;"Design of Road Culverts for Fish Passage',2003;and "Integrated Streambank Protection Guidelines",2002.These documents and other information can be found on the AHG website. SECTION 22. PROVISIONS APPLYING TO ACQUISITION PROJECTS The following provisions shall be in force only if the project described in this Agreement is for the acquisition of interest in real property (including easements)for outdoor recreation,habitat conservation,salmon recovery purposes,or farmland preservation: A Evidence of Land Value. Before disbursement of funds by RCO as provided under this Agreement,the sponsor agrees to supply documentation acceptable to RCO that the cost of the property rights acquired has been established according to funding board policy. WW RP Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 11 of 16 PROJAGR.RPT Page 70 B, Evidence of Title.The sponsor agrees to provide documentation that shows the type of ownership interest for the property that has been acquired.This shall be done before any payment of financial assistance. C. Legal Description of Real Property Rights Acquired.The legal description of the real property rights purchased with funding assistance provided through this project Agreement(and protected by a recorded conveyance of rights to the State of Washington)shall be incorporated into the Agreement before final payment. D. Conveyance of Rights to the State of Washington.Document securing long-term rights for the State of Washington. When real property rights(both fee simple and lesser interests)are acquired,the sponsor agrees to execute an appropriate document conveying certain rights and responsibilities to RCO,on behalf of the State of Washington. These documents include a Deed of Right,Assignment of Rights,Easements and/or Leases. The sponsor agrees to use document language provided by RCO,to record the executed document in the County where the real property lies,and to provide a copy of the recorded document to RCO.The document required will vary depending on the project type,the real property rights being acquired and whether or not those rights are being acquired in perpetuity. 1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve,protect,and/or use the property for public purposes consistent with the fund source. Sponsors shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the sponsor has acquired a perpetual easement for public purposes. 2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to RCO. Sponsors shall use this document when an easement or lease is being acquired for habitat conservation or salmon recovery purposes. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. ICI 3. Easements and Leases. The sponsormay incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document,thereby eliminating the requirement for a separate document. Language will depend on the situation;sponsor must obtain RCO approval on the draft language prior to executing the easement or lease. E. Real Property Acquisition and Relocation Assistance 1. When federal funds are part of this Agreement,the Sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,84 Stat. 1894(1970)--Public Law 91-646,as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100-17-1987,and applicable regulations and procedures of the federal agency implementing that Act. 2. When state funds are part of this Agreement,the sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington,Chapter 8.26 RCW,and Chapter 468-100 WAC. 3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection(1) above and/or state law set out in subsection(2)above,are involved in the execution of this project,the sponsor agrees to - provide any housing and relocation assistance required. F. Buildings and Structures. In general,grant funds are to be used for outdoor recreation,habitat conservation,or salmon recovery. Sponsors agree to remove or demolish ineligible structures. Sponsors must consult RCO regarding compliance with section 9- Archaeological and Cultural Resources before structures are removed or demolished. SECTION 23. RESTRICTION ON CONVERSION OF REAL PROPERTYAND/OR FACILITIES TO OTHER USES The sponsor shall not at any time convert any real property or facility acquired,developed,renovated,and/or restored pursuant to this Agreement to uses other than those purposes for which funds were approved without prior approval of the funding board in compliance with applicable statutes,rules,and funding board policies. It is the intent of the funding board's conversion policy,current or as amended in the future,that all real property or facilities acquired,developed,renovated,and/or restored with funding assistance remain in the public domain in perpetuity unless otherwise identified in the Agreement or as approved by the funding board. Determination of whether a conversion has occurred shall be based upon applicable law and RCFB/SRFB policies. For acquisition projects that are term limited,such as one involving a lease or a term-limited restoration,renovation, or development project or easement,this restriction on conversion shall apply only for the length of the term,unless otherwise provided in written documents or required by applicable state or federal law. In such case,the restriction applies to such projects for the length of the term specified by the lease,easement,deed,or landowner agreement. When a conversion has been determined to have occurred,the sponsor is required to remedy the conversion per established funding board policies. SECTION 24. CONSTRUCTION,OPERATION,USE AND MAINTENANCE OF ASSISTED PROJECTS For acquisition,development,renovation and restoration projects,sponsors must ensure that properties or facilities assisted with funding board funds,including undeveloped sites,are built,operated,used,and maintained: A. According to applicable federal,state,and local laws and regulations,including public health standards and building codes. B. In a reasonably safe condition for the project's intended use. C. Throughout its estimated life so as to prevent undue deterioration. WWRP Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 12 of 16 PROJAGR.RPT Page 71 i D. In compliance with all federal and state nondiscrimination laws,regulations and policies. For acquisition,development,renovation and restoration projects,facilities open and accessible to the general public must: E. Be constructed and maintained to meet or exceed the minimum requirements of the most current local or state codes,Uniform Federal Accessibility Standards,guidelines,or rules,including but not limited to:the International Building Cade,the Americans '.. with Disabilities Act,and the Architectural Barriers Act,as updated. F. Appear attractive and inviting to the public except for brief installation,construction,or maintenance periods. G. Be available for use by the general public without reservation at reasonable hours and times of the year,according to the type of area or facility. '.... SECTION 25. INCOME AND INCOME USE A. Income. 1. Compatible source.The source of any income generated in a funded project or project area must be compatible with the funding source and the Agreement 2. Fees.User and/or other fees may be charged in connection with land acquired or facilities developed with funding board grants if the fees are consistent with the: (a) Value of any service(s)furnished; (b) Value of any opportunities furnished;and (c) Prevailing range of public fees in the state for the activity involved. Excepted are Firearms and Archery Range Recreation Program safety classes(firearm and/or hunter)for which a facility/range fee must not be charged(Chapter 79A.25.210 RCW). B, Income use.Regardless of whether income orfees in a project work site(including entrance,utility corridor permit,cattle grazing, timber harvesting,farming,etc.)are gained during or afterthe reimbursement period cited in the Agreement,unless precluded by state or federal law,the revenue may only be used to offset: 1. The sponsor's matching funds; 2. The project's total cost; 3. The expense of operation,maintenance,stewardship, monitoring,and/or repair of the facility or program assisted by the funding board grant; q. The expense of operation,maintenance,stewardship,monitoring,and/or repair of other similar units in the sponsor's system;and/or 5. Capital expenses for similar acquisition and/or development. SECTION 26. PREFERENCES FOR RESIDENTS Sponsors shall not express a preference for users of grant assisted projects on the basis of residence(including preferential reservation,membership,and/or permit systems)except that reasonable differences in admission and other fees may be maintained on the basis of residence.Even so,the funding board discourages the imposition of differential fees.Fees for nonresidents must not exceed twice the fee imposed on residents.Where there is no fee for residents but a fee is charged to nonresidents,the nonresident fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities. SECTION 27. PROVISIONS RELATED TO CORPORATE(INCLUDING NONPROFIT)SPONSORS A corporate sponsor,including any nonprofit sponsor,shall: A. Maintain corporate status with the state,including registering with the Washington Secretary of State's office,throughout the sponsor's obligation to the project as identified in the Agreement. B. Notify RCO prior to corporate dissolution, Within 30 days of dissolution the sponsor shall name a qualified successor that will agree in writing to assume any on-going project responsibilities.A qualified successor is any party eligible to apply for.funds in the subject grant program and capable of complying with the terms and conditions of this Agreement.RCO will process an amendment transferring the sponsor's obligation to the qualified successor if requirements are met. C. Sites or facilities open to the public may not require exclusive use,(e.g.,members only). SECTION 28. LIABILITY INSURANCE REQUIREMENTS FOR FIREARMS AND ARCHERY RANGE SPONSORS A. The sponsor of a firearms or archery range recreation project shall procure an endorsement,or other addition,to liability insurance it may currently carry,or shall procure a new policy of liability insurance,in a total coverage amount the sponsor deems adequate to ensure it will have resources to pay successful claims of persons who may be killed or injured,or suffer damage to property,while present at the range facility to which this grant is related,or by reason of being in the vicinity of that facility;provided that the coverage shall be at least one million dollars($1,000,000)for the death of,or injury to,each person. B. The liability insurance policy,including any endorsement or addition,shall name Washington Slate,the funding board,and RCO as additional insured and shall be in a form approved by the funding board or director. WWRP Project Agreement-RCO#1 2-1525A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 13 of 16 PROJAGR.RPT Page 72 C. The policy,endorsement or other addition,or a similar liability insurance policy meeting the requirements of this section,shall be kept in force throughout the sponsor's obligation to the project as identified in this Agreement. D. The policy,as modified by any endorsement or other addition,shall provide that the issuing company shall give written notice to RCO not less than thirty(30)calendar days in advance of any cancellation of the policy by the insurer,and within ten(10) calendar days following any termination of the policy by the sponsor. E. The requirement of Subsection A through D above shall not apply if the sponsor is a federal,state,or municipal government which has established a program of self-insurance or a policy of self-insurance with respect to claims arising from its facilities or activities generally,including such facilities as firearms or archery ranges,when the applicant declares and describes that program or policy as a part of its application to the funding board. F. By this requirement,the funding board and RCO does not assume any duty to any individual person with respect to death,injury, or damage to property which that person may suffer while present at,or in the vicinity of,the facility to which this grant relates. Any such person,or any other person making claims based on such death,injury,or damage,must look to the sponsor,or others,for any and all remedies that may be available by law. - SECTION 29. REQUIREMENTS OF THE NATIONAL PARK SERVICE If the project has been approved by the National Park Service,US Department of the Interior,for funding assistance from the federal Land and Water Conservation Fund(LWCF),the"Project Agreement General Provisions"in the LWCF State Assistance Program Federal Financial Assistance Manual are also made part of this Agreement. The sponsor shall abide by these LWCF General Provisions,in addition to this Agreement,as they now exist or are hereafter amended. Further,the sponsor agrees to provide RCO with reports or documents needed to meet the requirements of the LWCF General Provisions. SECTION 30. FARMLAND PRESERVATION ACCOUNT For projects funded through the Washington Wildlife and Recreation Program Farmland Preservation Account,the following sections will not apply if covered separately in a recorded RCO approved Agricultural Conservation Easement. • Section 8-Acknowledgement and Signs, • Section 10-Hazardous Substances, • Section 14-Stewardship and Monitoring • Section 22-Provisions Applying to Acquisition Projects,Sub-sections F and G. • Section 23-Restriction on Conversion of Real Property and/or Facilities to Other Uses, • Section 24-Construction,Operation,Use and Maintenance of Assisted Projects,Sub-sections E,F,G,and • Section 25-Income and Income Use SECTION 31. ORDER OF PRECEDENCE This Agreement is entered into,pursuant to,and under the authority granted by applicable federal and state laws.The provisions of the Agreement shall be construed to conform to those laws.In the event of an inconsistency in the terms of this Agreement,or L. between its terms and any applicable statute,rule,or policy or procedure,the inconsistency shall be resolved by giving precedence in the following order: '.. A. Applicable federal and/or state statutes, regulations,policies and procedures including RCO/funding board policies and procedures,applicable federal Office of Management and Budget(OMB)circulars and federal and state executive orders; B. Project agreement including attachments; C. Special Conditions; I'�I D. Standard Terms and Conditions of the Project Agreement. ii SECTION 32. AMENDMENTS Amendments to this Agreement shall be binding only if in writing and signed by personnel authorized to bind each of the parties except period of performance extensions and minor scope adjustments need only be signed by RCO's director or designee. SECTION 33. LIMITATION OF AUTHORITY Only RCO or RCO's delegate by writing(delegation to be made prior to action)shall have the express,implied,or apparent authority to alter,amend,modify,or waive any clause or condition of this Agreement.Furthermore,any alteration,amendment,modification,or li waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by RCO. SECTION 34. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default.Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing,signed by the director,or the director's designee,and attached to the original Agreement. SECTION 36. APPLICATION REPRESENTATIONS--MISREPRESENTATIONS OR INACCURACY OR BREACH The funding board and RCO rely on the sponsor's application in making its determinations as to eligibility for,selection for,and scope of,funding grants.Any misrepresentation,error or inaccuracy in any part of the application may be deemed a breach of this Agreement. WWRP Project Agreement-RCO#12-1626A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 14 of 16 PROJAGR.RPT Page 73 SECTION 36. SPECIFIC PERFORMANCE The funding board and RCO may enforce this Agreement by the remedy of specific performance,which usually will mean completion of the project as described in this Agreement.However,the remedy of specific performance shall not be the sole or exclusive remedy available to RCO.No remedy available to the funding board or RCO shall be deemed exclusive.The funding board or RCO may elect to exercise any,a combination of,or all of the remedies available to it under this Agreement,or under any provision of law,common law,or equity. SECTION 37. TERMINATION The funding board and RCO will require strict compliance by the sponsor with all the terms of this Agreement including,but not limited to,the requirements of the applicable statutes,rules and all funding board and RCO policies,and with the representations of the sponsor in its application for a grant as finally approved by the funding board A. For Cause. The funding board or the director may suspend or terminate the obligation to provide funding to the sponsor under this Agreement: i. In the event of any breach by the sponsor of any of the sponsor's obligations under this Agreement;or ii. If the sponsor fails to make progress satisfactory to the funding board or director toward completion of the project by the completion date set out In this Agreement. Included in progress is adherence to milestones and other defined deadlines In the event this Agreement is terminated by the funding board or director,under this section or any other section after any portion of the grant amount has been paid to the sponsor under this Agreement,the funding board or director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived. B. Non Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period,RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a continuous period of one year,RCO's obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the sponsor. C. For Convenience. Except as otherwise provided in this Agreement,RCO may,by ten(10)days written notice,beginning on the second day after the mailing,terminate this Agreement,in whole or in part.If this Agreement is so terminated,RCO shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. SECTION 38. DISPUTE HEARING Except as may otherwise be provided in this Agreement,when a dispute arises between the sponsor and the funding board,which cannot be resolved,either party may request a dispute hearing according to the process set out in this section.Either party's request for a dispute hearing must be in writing and clearly state: A. The disputed issues; B. The relative positions of the parties; C. The sponsors name, address,project title,and the assigned project number. In order for this section to apply to the resolution of any specific dispute or disputes,the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues.The dispute shall be heard by a panel of three persons consisting of one person chosen by the sponsor,one person chosen by the director,and a third person chosen by the two persons initially appointed.If a third person cannot be agreed on,the third person shall be chosen by the funding board's chair. Any hearing under this section shall be informal,with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved.The process may be solely based on written material if the parties so agree.The disputes panel shall be governed by the provisions ofthis Agreement in deciding the disputes. The parties shall be bound by the decision of the disputes panel,unless the remedy directed by that panel shall be without the authority of either or both parties to perform,as necessary,or is otherwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party.The request shall be delivered or mailed within thirty(30)days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute.The written Agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty(30)days of receipt by the receiving party of the request. Al costs associated with the implementation of this process shall be shared equally by the parties. SECTION 39. ATTORNEYS'FEES In the event of litigation or other action brought to enforce contract terms,each party agrees to bear its own attorney fees and costs. WW RP Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter79A.15 RCW,Chapter 286 WAC Page 15 of 16 '.. PROJAGR.RPT Page 74 SECTION 40. GOVERNING LAWIVENUE This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit involving this Agreement,venue shall be in Thurston County Superior Court if legally proper;otherwise venue shall be in a county where the project is situated.The sponsor,by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington. In the cases where this Agreement is between the funding board and a federally recognized Indian Tribe,the following governing ',. law/venue applies: A: Notwithstanding the above venue provision,if the State of Washington intends to initiate a lawsuit against a federally recognized Indian tribe relating to the performance,breach or enforcement of this Agreement,it shall so notify the Tribe. If the Tribe believes that a good faith basis exists for subject matter jurisdiction of such a lawsuit in federal court,the Tribe shall so notify the State within five days of receipt of such notice and state the basis for such jurisdiction. If the Tribe so notifies the State,the State shall bring such lawsuit in federal court;othervvise the State may sue the Tribe in the Thurston County Superior Court. Interpretation of the Agreement shall be according to applicable State law,except to the extent preempted by federal or tribal law. In the event suit is brought in federal court and the federal court determines that it lacks subject matter jurisdiction to resolve the dispute between the State and Tribal Party,then the parties agree to venue in Thurston County Superior Court. '.. B. Any judicial award,determination,order,decree or other relief,whether in law or equity or otherwise,resulting from such a lawsuit shall be binding and enforceable on the parties. Any moneyjudgment or award against a Tribe,tribal officers and ',.. members,or the State of Washington and its officers and employees may exceed the amount provided for in Section F-Project '.. Funding of the Agreement in order to satisfy the judg ment. C. The Tribe hereby waives its sovereign immunity for suit in state court for the limited purpose of allowing the State to bring such actions as it determines necessary to give effect to this section and to the enforcement of any judgment relating to the performance or breach of this Agreement. This waiver is not for the benefit of any third party and shall not be enforceable by any third party or by any assignee of the parties.In any enforcement action,the parties shall bear their own enforcement costs, including attomeys'fees. For purposes of this provision,the State includes the RCO and any other state agencies that may be assigned or otherwise obtain the right of the RCO to enforce this Agreement. SECTION 41. SEVERABILITY The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. '.. i WWRP Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 16 of 16 PROJAGR.RPT Page 75 Legal Description Project Sponsor: Kent Parks, Rec&Comm Sery Project Number: 12-1525 A Project Title: Huse/Soos Creek Property Acquisition RCO Approval: 07YO112013 Works ite Name Property Name Legal Description Worksite#1 Huse Property Huse Property The legal description of the property purchased with funding assistance provided through this Project Agreement (and protected by a recorded Deed-of-Right) shall be amended into the Project Agreement prior to reimbursement of the final payment. LEGALOSC.RPT September 10,2013 Page 1 Page 76 Eligible Scope Activities Project Sponsor: Kent Parks, Recreation &Community Services Project Number: 12-1525 Project Title: Huse/Soos Creek Property Acquisition Project Type: Acquisition Program: WWRP-Local Parks Approval: 7/1/2013 Project Metrics Project Acquisition Project acres by purpose type: Farmland Preservation 0.00 '... Habitat Restoration 10.70 Habitat Conservation 15.00 Public Access 33.70 Developed Recreation 8.00 Acquisition Metrics Property: Huse Property (Worksite#1, Huse Property) Real Property Acquisition Land Acres by Acreage Type(fee simple): Wetlands 12.00 Uplands 21,70 Existing structures on site: Structures to be demolished Clean up of hazardous substances required (yes/no): No Incidentals Standard Incidentals Demolition Buildings/structures to be demolished: House at 13417 SE 216th Street, built in 1961. House at 13427 SE 216th, Street built around 1972. One barn of undetermined age that does not have an assessed value, Fencing (Acq) j Number of miles of fencing to be built: 1,00 Administrative Costs(Acq) '.., Administrative costs(Acq) ELIGREIM.RPT September 10,2013 Page: 1 Page 77 Milestone Report By Project Project Number: 12-1525 A Project Name: Huse/Sons Creek Property Acquisition Sponsor: Kent Parks, Rec&Comm Sery Project Manager: Laura Moxham r r- X OrderAppraisal(s) 12/31/2009 X I Purchase Agreement Signed 0 6130/2 0 1 0 X I Acquisition Closing 07/31/2010 Acquired through a Waiver of Retroactivity, Waiver#W10-29 X I Cultural Resources Complete 07/10/2013 RCO has completed cultural resources consultation with Native American tribes and the Department of '.. Archaeology and Historic Preservation. No further cultural resource investigation is required. DAHP Log No:061013-03-RCFB X I Order Appraisal Review(s) 08/20/2013 Project Start 09/06/2013 Recorded Acq Documents to RCO 10/31/2013 Noxious Weed Control Complete 1 113 0/20 1 3 i Progress Report Submitted 12/15/2013 I Annual Project Billing 07/31/2014 Progress Report Submitted 07/31/2014 Fencing Complete 10/31/2014 Demolition Complete 12/31/2014 Funding Acknowl Sign Posted 12/31/2014 I Agreement End Date 12/31/2014 Final Billing to RCO 02/1 512 0 1 5 Final Report in PRISM 02/28/2015 X=Milestone Complete !=Critical Milestone '.. ( 1MILESTO.RPT September 10,2013 Page: 1 Page 78 Page 79 I' PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 ® Fax: 253-856-6050 KEN WASH, NG1. Address: 220 Fourth Avenue S. !, Kent, WA. 98032-5895 October 17, 2013 TO: Kent City Council Parks and Human Services Committee FROM: Hope Gibson, Manager Parks Planning and Development THROUGH: Jeff Watling, Director Parks, Recreation, and Community Services SUBJECT: D. A. Hogan Consultant Agreement - Authorize MOTION: Move to recommend authorizing the Mayor to sign the Consultant Agreement with D. A. Hogan and Associates for $26,450 for the Wilson Sports Field Synthetic Turf Renovation project, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. SUMMARY: The city's only synthetic sports field is very close to the end of its useful life. Increasing levels of maintenance have kept the field playable and safe, but the wear continues. The anticipated cost of the replacement, at over a million dollars, has prevented the city from replacing the turf to this point, due to a lack of resources. However, with the recent state grant and the improved revenue outlook, Parks has put together options for funding this number 1 priority parks capital project. This contract, if approved, will procure the needed design and construction observation work necessary for a successful renovation project. D. A. Hogan is a nationally regarded firm specializing in artificial turf construction and replacement design. Construction is anticipated to commence in late first quarter of 2014. Approval for construction in the form of a bid award will come before City Council in early 2014. EXHIBITS: Consultant agreement BUDGET IMPACTS: The expenditures for this project are from the Parks capital budget. i I Page 80 Page 81 L Itl w..s Ni NcroN CONSULTANT SERVICES AGREEMENT between the City of Kent and D. A. Hogan & Associates, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and D. A. Hogan & Associates, Inc., organized under the laws of the State of [Insert State Co. Formed Under], located and doing business at 119 15C Avenue South, Suite 110, Seattle, WA 98104; David L. Anderson, davea@dahogan.com., (206) 285-0400 (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: Provide landscape architectural services, from design through construction, for the Wilson Sports Fields Synthetic Turf Renovation project, per attached proposal incorporated herein as Exhibit A. 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 June 30, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $26,450, 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 82 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 83 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 84 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) Page 85 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: David L. Anderson Hope Gibson D. A. Hogan & Associates, Inc. City of Kent 119 Ist Avenue South, Suite 110 220 Fourth Avenue South Seattle, WA 98104 Kent, WA 98032 206-285-0400 (telephone) (253) 856-5112 (telephone) (facsimile) (253) 856-6050 (facsimile) APPROVED AS TO FORM: Kent Law Department [V',/Vianning/Wilson Turt/Hogan Design COOtraQ CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) Page 86 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. Dated this day of 20 . By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 Page 87 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. 1 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 88 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: EEO COMPLIANCE DOCUMENTS - 3 October 1, 2013 Hope Gibson KUL] D A H O G A N City of Kent Planning& Development Parks, Recreation &Community Services Proposal for Professional Engineering & Landscape Architecture Services for the Wilson Playfields Synthetic Turf Replacement PROJECT UNDERSTANDING D.A. Hogan &Associates, Inc. is pleased to submit this Scope of Services and Fee Proposal for the proposed synthetic turf field replacement at the Wilson Playfields. The project schedule is assumed to have construction occurring during the winter of 2014 with the following scope of work: 1. Removal of existing infilled synthetic turf 2. Repair/re-grade existing permeable aggregate base 3. Expand the synthetic turf surfacing areas to encompass the current rubberized warning track 4. Repair existing edge anchor as required 5. Modifications to the existing perimeter fencing and netting 6. Install new infilled synthetic turf system Attached please find the following: Schedule A-Scope of Services Schedule B-Fee Proposal Please do not hesitate to contact me if you need further information. On behalf of D.A. Hogan & Associates,we look forward to working with the City of Kent on this project. Sincerkogan & D vid PC;0rincipal D. ciates, Inc. D.A. Hogan&Associates,Inc. (206) 285-0400 Tel 119 fah Avenue South,Suite 110 (206)285-0480 Fax Seattle,WA98104 Page 90 SCHEDULE A Professional Consulting Services for Wilson Playfields Synthetic Turf Field Replacements SCOPE OF SERVICES 1.1 PHASE 1—CONSTRUCTION DOCUMENT DESIGN PHASE A. Final design of all systems and components B. Working drawings and construction details. C. Prepare a proposed design and construction schedule for review and approval by the Owner D. Confirm design program elements and areas of responsibility with Owner E. Participate in planning meetings to establish a final scope of work and construction for the project F. Facilitate synthetic turf workshop and technical presentations for the Field Committee if requested G. Calculation of construction cost estimates H. Consultation to Owner as requested I. Construction specifications J. Bidding documents K. Update construction estimates as appropriate, Configure bid documents to keep project within estimated MACC 1.2 PHASE 2—BIDDING PHASE A. Attend pre-bid conference. B. Respond to questions by prospective bidders and subcontractors. C. Issue information for inclusion with addendum(s) as may be appropriate. D. Review of bids received, consultation and recommendations to Ownerfor award of applicable items. 1.3 PHASE 3—CONSTRUCTION PHASE A. Coordinate and attend pre-construction conference with role of Owner's Representative. Distribute minutes as appropriate. B. Endorse for approval ordisapproval all materials and equipment submitted by the Contractor. C. Attend construction progress meetings with the Contractor and Owner. Take meeting minutes and distribute as appropriate. D. Conduct surveillance of construction to include visits to the site to observe the progress and quality of the work. Inspections to be coordinated and will occur concurrent with weekly construction meetings at the following approximate schedule: 1. After turf removal at completion of finish grading adjustment to the existing permeable aggregate base 2. At completion of the seaming of turf and installation of the inlaid lines and markings priorto the installation of the infill materials Wilson Playfields Turf Replacement Study '... Scope of Work and Fee Proposal Page 2 of 4 Page 91 3. At completion of field surface and infill installation to generate a punch list and to establish substantial completion 4. After completion of all punch list items to certify final acceptance E. Monitor construction progress and quality with decisions relative to contract performance. Document all progress with reports as appropriate. F. Issue instructions for and of the Owner to the Contractor and prepare RFI,field directives and changes orders, if applicable. G. Guard the Owner against deficiencies in the work and approve or disapprove work in conformance with the contract documents. H. Keep the Owner advised as to the progress of the work. I. Assure for the Owner that the completed project will conform to the requirements of the contract documents. J. Complete substantial completion inspection and generate and distribute discrepancy(punch list) items. K. Review and process contractor progress payment requests. L. Prepare and execute on behalf of the owner all changes to the work including Construction Change Directives (CCD), Change Order Proposals (COP) and Change Orders (CO). Tabulate and respond to Requests for Information from Contractor. M, Final inspection and certification of completion. N. Warranty O&M Review. 1.4 WORK NOT INCLUDED A. Full-time, on-site inspection B. Construction site survey and construction control bench marks C. Cost of printing of review, bidding, and distribution costs D. Permit and Plan Check fees assessed by permit authorities. E. Laboratory charges for construction testing 1.5 OWNER'S RESPONSIBILITIES A. Assist the Consultant by placing at his disposal all available information pertinent to the site. B. Advertise for proposals from bidders and administer the opening of bids. C. Prepare such legal,accounting and auditing services as may be required by the Owner. D. With the assistance of the Consultant, obtain approval of all governmental authorities that have jurisdiction over the project. E. Designate a person to act as Owner's Representative. Wilson Playfields Turf Replacement Study Scope of Work and Fee Proposal Page 3 of 4 Page 92 Professional Consulting Services for Wilson Playfields Synthetic Turf Field Replacements 1.6 COMPENSATION AND PAYMENTTO CONSULTANT A. We offer a lump-sum fee for all basic scope work as follows: Construction Documents through Closeout $26,450 B. All Contractor construction negotiations and change order processing within original scope of project is included in this amount. C. Progress payment for Consulting work to be as follows: Completion of Bid Documents $10,770 Completion of Bidding Phase $2,360 Completion of Construction $13,320 Total $26,450 D. Compensation for additional services that may be requested by the Owner shall be as follows: Principal Engineer $160.00 per hour Principal Landscape Architect $160.00 per hour Associate Principal Landscape Architect $145.00 per hour Project Engineer $145.00 per hour Landscape Architect $90.00 per hour Technical Staff $80.00 per hour Administrative $45.00 per hour E. Expenses,outlined in paragraph 1.5 plus contracting, laboratory testing for construction quality control, etc., as requested and authorized by owner to be paid by our firm shall be reimbursed at actual cost plus 5%administrative fee. n avi .Anderson, P:E. Principal Engineer Wilson Playfields Turf Replacement Study Scope of Work and Fee Proposal Page 4 of 4 Page 93 EXHIBIT S INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or its equivalent, with minimum limits of $3,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an Additional Insured under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City. All endorsements adding Additional Insureds shall be issued on form CG 20 10 1185 or a form deemed equivalent, providing the Additional Insureds with all policies and endorsements set forth in this section. 2. 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with minimum limits of $3,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any I Page 94 EXHIBIT B (Continued) combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. 2. Automobile Liability insurance with a minimum combined single it for bodily injury and property damage of $1,000,000 per accident. 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: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Contractor's Insurance for Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. Page 95 EXHIBIT B (Continued) E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. G. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. H. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. Page 96 Page 97 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director 40 7Phone: 253-856-5100 ® Fax: 253-856-6050 WASH, NGT� Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 October 17, 2013 TO: Kent City Council Parks and Human Services Committee FROM: Hope Gibson, Manager Parks Planning and Development THROUGH: Jeff Watling, Director Parks, Recreation, and Community Services SUBJECT: Kent Valley Loop Trail Master Plan Update - INFO ONLY i MOTION: INFO ONLY I i SUMMARY: The regionally significant Green River and Interurban trails intersect near the southern tip of the city. The goal of this project is to create a master plan for identifying a route for connecting the two trails at the northern end of the city, increasing the recreational value of the trails and adjacent parks, and better connecting the trails to the surrounding community. In order to achieve these goals, we will need to address some of the trails' current challenges, as well as balance recreational goals with other public priorities, including habitat restoration and flood control. In August, Parks set up an online survey, seeking input from the community. Response was terrific, with 275 surveys submitted, most of them fairly detailed. The survey answers were compiled and supplied to the project consultant team, as well as posted online. The survey was well-publicized, with an article appearing in the Kent Reporter, as well as spots on the city's website, Facebook page, and resident newsletter. Also, promotional signs were placed in a variety of locations along both trails. The consultant is here tonight, to assist staff with an update on the project. EXHIBITS: None BUDGET IMPACTS: The expenditures for this project are from the King County Paths and Trails budget. ill i Page 98 Page 99 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 ® Fax: 253-856-6050 K T Wd SHINGTON Address: 220 Fourth Avenue 5. Kent, WA. 98032-5895 October 17, 2013 TO: Kent City Council Parks and Human Services Committee FROM: Jeff Watling, Director of Parks, Recreation & Community Services SUBJECT: 2013 Third Quarter Report - INFO ONLY MOTION: INFO ONLY SUMMARY: Jeff Watling, Director of Parks, Recreation and Community Services, will highlight division programs and services, as well as all in-kind, and/or cash contributions received during the third quarter of 2013. EXHIBITS: None BUDGET IMPACT: None i j I i Page 100 Page 101 Kent Parks, Recreation and Community Services 2013 Third Quarter Report Recreation Adaptive Recreation Program / Service Highlights Studio 315 continues to be in high demand and by far the most popular program. Participants enjoyed the annual BBQ at Van Doren's Landing, Box Dinner Bingo, the Summer Beach Party and an Ice Cream Social. There were eleven community outings this winter. Some of which included Theo Chocolate Factory Tour, MOHAI, Aplets and Cotlets Factory Tour in Cashmere, Hiking at Mount St. Helens, and Brunch and a Movie. Creative ArtSpace: Offers an opportunity for creative expression through a variety of art mediums. 23 participants fine-tuned their artistic skills in two - 6 day classes. Softball and T-Ball had a great season. Two teams involving 22 athletes both participated in the Special Olympics Regional Tournament in Issaquah. The masters 6 team took 6t" overall. The masters 5 team took home the gold and then went onto the State Tournament to take the silver medal. T-Ball had 21 athletes who participated in the Special Olympics Regional Tournament. They took home the bronze medal out of a 7 team bracket. Access the Future Computer Classes were at capacity with 2 full rosters of 7 participants. Students learned a variety of computer skills during the 7 day program. Zumba Gold is not just a passing fad! 10 students increased their fitness levels while dancing to high energy Latin music and having fun with friends during the 8- week program. Flexi Fit and Fun and Get Fit While You Sit filled with 18 participants increased strength, balance coordination and endurance during this 8-week program. WALKAPALA TOO averaged 51inclusive participants each week for 8 weeks this summer. They enjoyed a variety of fieldtrips like swimming at Stewart Heights Pool, Museum of Flight, and Gameworks to name a few. Participant Comments: • "Camp WALKAPALA TOO helped so much with our childcare needs. Bella was in a great mood when we would pick her up from camp. That was not always the case when we left her with a babysitter." • See attached letters from participants, 1 Page 102 Performance Outcomes 1. How much did we do? _ Number of duplicated visits to the facility 2,076 Number of classes, workshops, trips 33 Number of registered participants 395 2. How well did we do it? Percent of classes workshops, trips at or above enrollment target 100% Percent of classes_completed 100% 3. Is anyone better off? Percent of participants reported a quality of life benefit 95% Youth and Teen Program / Service Highlights New: Teen Camp kept teens 71h grade - 91h grade busy this summer with sports, cooking, fieldtrips and hip hop dance lessons. Resident Camp @ Waskowitz with 98 campers ages 5th, 6`h and 71h grade and 36 volunteer staff enjoyed a great week of camping in Northbend. 51 students in the Kent School District attended on scholarship. The dollars used to pay for campers was raised at the annual Concert for Camp held at Emerald Queen Casino. Summer Playgrounds had 5 park sites filled with games, events, activities, free lunches, 4 Fun Friday special events and amazing weather. Thanks to community partners, Communities in School of Kent, Kent Library and Umpqua Bank, we added a recycling program, reading days, a magic/comedy show at 3 sites and Umpqua bank also came in clutch with an ice cream truck that went out to all the Playground Sites and handed out free ice cream to the participants. Kent Parks Community Center kept busy over the summer as well. Along with our normal daily programs of full court basketball, breakdancing, game room activities, boxing and the music studio we also managed to fit in a few events. Graduation BBQ to celebrate the senior finally making it through high school. 11 different groups performed various dances and songs. Seven different food and resource vendors. Is' Annual All-Star Basketball Event sponsored by Umpqua Bank provided shirts for all the teens. 100 people came out to watch the participants compete in a 3 point competition, skills challenge, dunk contest and staff vs. teen's game. Last, but not least the National Night Out was once again a huge success. 150 people came out to show support for the community, eat some free BBQ, play a little hoop, listen to some good music and jump around the bouncy house. Camp WALKAPALA and the Camp WALKAPALA Counselor In Training Program. The kids loved all the activities during the themed weeks and especially the field trips! 2 Page 103 Participant Comments: • "My daughter was eager to get there every morning. She loved the activities, games, and overall field trips. My hats off to this great program and staff members, keep up the great and amazing job. Congratulations and thank you!" • "We loved that the program was structured, fun, and encouraged positive behavior." • "I loved that the staff new his name and greeted him cheerfully when he arrived. Way to hire positive role models!" See attached letters from Resident Camp at Waskowitz campers. Performance Outcomes 1. How much did we do? Number of duplicated visits to the facility 13,863 Number of classes, workshops, trips 34 Number of registered participants 746 2. How well did we do it? Percent of classes, workshops, trips at or above enrollment_target 800/0 Percent of classes completed 1000/0 3. Is anyone better off? Percent of participants reported a quality of life benefit 95% Senior Center Program / Service Highlights "Happenings at The Place" held in July was the Senior Activity Center's Open House, providing information about the Center's programs through demonstrations and info booths. Sponsored by SHAG housing, this event included a dinner and dancing to live music by Randy Litch. The Kent Fire Department's FDCares program hosted the annual Senior Wellness Day in September at the Senior Activity Center. 28 vendors participated in this event. Lunch was provided by Stafford Suites and Farrington Court. Ginger Passarelli, the "Soup Lady", provided the lunch time program, speaking about her group's efforts to serve meals to those in need during disasters. Over 250 seniors attended the event, receiving valuable information about senior issues as well as the opportunity to win fabulous door prizes. The Kent Firefighters Foundation subsidized lunch for 160 seniors, while also helping to set up, serve and clean up after lunch. Representatives from the U.S. Social Security Administration discussed changes in the Social Security program and how it affects citizens of all ages. The Senior Activity Center held its first LGBT social event. Nine attended this event that was open to the LGBT community,.friends, family and allies. The group discussed future events and get togethers and want to encourage others to attend. Valley Cities Counseling is facilitating the group and will be having twice monthly LGBT support groups. 3 Page 104 Performance Outcomes 1. How much did we do? ;18 563 Number of du licated visits to the facilitNumber of classes, workshops, trips Number of registered participants 18D 2. How well did we do it? Percent of classes, workshops at or above enrollment target Percent of trips at or above enrollment target 89% Percent of classes/trips completed 89% 3. Is anyone better off: Percent of participants reported a quality of life_ benefit 92% Participant Comments "My experience at the Kent Senior Center has given me a whole new vision of my city. I've noticed that some local communities either don't have a center for their seniors or they provide the bare minimum. Thank you for your compassion for the senior community of Kent." Larry. Cultural Programs Division Program / Service Highlights Fourth of July Splash Approximately 18,000 people attended Kent's Fourth of July Splash at Lake Meridian Park. The event featured community showcase performances and a professional headline performances by James King &the Southsiders and Bobby Medina & his Red Hot Band on the stage, games and hands-on activities, food booths and, of course, the fireworks display. Summer Concert Series The 2013 Summer Concert Series featured 18 performances in three locations: Wednesday Picnic Performances for kids at Town Square Plaza, Take-Out Tuesdays at Kent Station and Thursdays at the Lake at Lake Meridian. Total attendance was nearly the same as last year - 7,150 (7,675 in 2012). Wednesday Picnic Performances for children were very popular once again with total attendance of 3,450. Thursdays at the Lake were also very well-attended with a total of 2,400. Take-Out Tuesdays at Kent Station drew a sold attendance of 1,300. The series brought in $21,000 in sponsorship revenue and grant revenue; $6,500 more than last year. Cornucopia Days Run 567 people registered (and 536 crossed_ the finish line) for the 2013 Cornucopia Days Run on July 13, nearly identical to the 2012 numbers. Sponsorship was strong in 2013. The Tab Wizard again generously paid for all participants age 60 and over. 99 people took advantage of the special opportunity, about 26 more than last year. The event netted $4,700. 4 i i Page 105 City Art Collection Maintenance ® Tina Hoggatt's Whirligig sculptures at Lake Meridian Park were refurbished and reinstalled by Artech. ® Artist Steve Jensen completed maintenance work on his totem poles and reinstalled at Three Friends Fishing Hole. • Joel Lee of Art Wrangler continues to conduct maintenance on the outdoor public art collection. He completed repairs on Barbara Grygutis' "Water" sculpture at East Hill Park, Charles Biggers' "Fiddleheads and Family Tile Project" at Canterbury Park, and Peter Reiquam's "Big Corn." Spotlight Series "Sister's Summer School," the latest in the sinfully funny Late Nite Catechism series, opened the 2013-2014 Spotlight Series on Friday, September 20, Centennial Center Gallery Mauricio Robalino's digital drawings, gouache paintings, and collages are on display in the Centennial Center Gallery in September and October. Performance Outcomes 1. How much did we do? Number of events 21 Combined attendance at events 22,717 Number of educational outreach activities 1 Attendance at educational outreach activities 60 2. How well did we do it? Percent of people attending performances that agreed or strongly 97% agreed that the cost/value of the performance was good. Percent of people attending performances that agreed or strongly 94% agreed that the quality/content of the performance was good. Percent of people attending performances that reported they would 100% recommend Spotlight Series to others. 3. Is anyone better off? Percent of Spotlight Series audience members that agreed or strongly 60% agreed the performance they had just attended broadened their cultural horizons. Percent of Spotlight Series audience members that agreed or strongly 73% agreed the performance they had just attended provided an opportunity for social connection. Percent of Spotlight Series audience members that agreed or strongly 84% agreed the performance they had just attended helped them relieve stress. 5 Page 106 Recreation Division — Kent Commons Lake Meridian Park made the top 10 most visited web sites along with the Parks Department Home Page for the City this quarter. This was the first time for Lake Meridian Park making the top 10 list. In addition, the Lake Meridian Swim Season, that provides Lifeguard supervision, had a great season with a record number of patrons that visited the beach. There were 91,802 visitors that enjoyed the Kent Parks Lifeguard supervised beach area. As an urban community center the Kent Commons continues to foster inclusiveness creating connections and a place to gather for citizens of the community. The Kent Commons Community Center had 40,826 visitors that enjoyed the facility this quarter. A goal for the Recreation Division is to promote connections, inclusiveness, and support for customers and neighborhoods within the City. Volunteers help provide this connection. Volunteer provided 2,400 hours of support with help in youth sport programs and classes. Many programs and events could not be possible without volunteer involvement. There were over 140 volunteers involved this quarter and over 280 volunteers attended a celebration party in their honor at the Kent Valley Ice Centre. The Parks Department has a number of popular urban centers that bring people together and connect them to the downtown area during the Summer season. Tournament Softball Promoters/Directors had a great season using the Russell Road Softball Complex, Service Club Ballfields, and Kent Memorial Park. The fields were booked for the season (May-September). The sports complexes and their events bring in hundreds of teams and thousands of people to Kent. There were 4 Youth Sport Jamborees held to kick-off the season in soccer, flag football, and Junior Hoopsters Basketball. The 2 jamborees in soccer had over 1,000 spectators plus the participants for each event. Practice games, parents meeting parents, team pictures, City Staff introductions, and snacks were included in the festivities. A total of over 1,472 youth were involved in the programs which unites residents and neighborhoods throughout Kent. 11. How much did we do? Number of Recreational/Cultural Educational Programs 322 Hours worked by Recreation Volunteers 2,400 Youth Sport Sponsorship $12,075 Quarterly Kent Commons Visitor Count 401,826 2. How well did we do it? Percent of classes, programs at or above enrollment target 90% Percent of participants that reported the content and quality of the 85% program was excellent, very good, or good Percent of participants that reported the staff and instructors were 900/0 excellent, very good, or good 6 Page 107 Participant Comments: • "She is doing better in school due to dance class" • "we love all of the programs we take" • Improved her ability to take directions" • "my daughter's self-esteem has improved and it is good exercise" • "great part of a team & community" • "helps her diabetes and she want to be in a talent show at school" • "she loves to sing now" • "wonderful program for girls and physical fitness is great" • "her behavior has improved" • "gets to meet new friends" • "The instructor is important to us and a great teacher" • "made my child confident in her abilities" • "my daughter has become stronger and wants to be a part" • "love the location and it is clean" Parks Planning & Development Program / Service Highlights PPD began work on the Kent Valley Loop Trail master plan this quarter. This effort initiated the planning work for a loop trail that connects the Interurban and Green River Trails at the north end of the city (they already connect at the south end at Foster Park), as well as plan and site improvements to make the trail safe, convenient and attractive to users. In August Parks set up an online survey, which received 275 responses. The consultant, informed in part by the survey results, has completed a first draft of alternatives. We also coordinated with Operations to begin work on renovations to Seven Oaks Park. Work is expected to be complete by November. Parks hosted 14 park stewardship events this quarter, attracting 418 volunteers (who donated a total of 1609 hours) and benefitting several parks. These events included work on 4 Eagle Scout projects. Performance Outcomes 1. How much did we do? Park Master Plan for the Kent Valley Loop Trail - underway) 1 Park renovation at Seven Oaks Park - underway) 1 Coordination with Public Works on levee projects at or near parks 4 Coordination with Army Corps on environmental restoration projects 2 at or near parks Number of volunteer events 14 Total number of volunteers 418 7 Page 108 Total number of volunteer hours 1,609 Number of Eagle Scout projects completed 4 2. How well did we do it? Planning and construction projects still underway Coordination efforts still underway New trails constructed- linear feet 270 Newsquare footage cleared at Green Kent events 11,970 Cubic yds. of debris removed at events 130 Cubic yards of chips spread 178 Green Kent e-newsletters - current distribution 2,133 Green Kent Facebook page followers 155 3. Is anyone better off? Councilmember Dana Ralph's comment to Steward lead Desiree Kennedy at the Green Kent booth during Cornucopia Days: "I want to let you know I have been listening to you give your Green Kent speech and I think you do an excellent job of communicating the importance of the Green Kent Partnership and also explaining about the restoration work the partnership has been able to accomplish. It can be a complicated thing to explain because there is a lot of detailed information that goes along with this project, but you are doing a great job of hitting all the important points and really selling to the community on why the Green Kent Partnership is so important." After reading about our Green Kent summer intern in our Green Kent Newsletter, The Kiwanis Club of Kent was so impressed, they honored him with their Everyday Hero Award. Facilities Program / Service Highlights • Hired three new employees this summer. • Conducted regular HVAC building maintenance: • Preventative Maintenance • Filter changes • Trouble calls • Alarms • Emergencies and call outs • Completed installation of AES radios city wide with Cintas Fire. • Generator load testing - all buildings. 8 Page 109 • Generator servicing - all buildings. • Insurance inspections - all buildings. • Office Reconfigurations - Parks Planning, HR, Multimedia, Public Works. • Fire watch due to storm damage to monitoring system - all buildings. • Contracted with SimplexGrinnell to provide fire/security monitoring and fire protection services for the City of Kent city-wide. • Worked with Holmes Electric to replace wiring and make repairs to light poles that were vandalized in parking lot - Senior Center. • Secured building and made arrangements for new window installation due to vandalism - Neely Soames, • Contracted with Cedar Creek Contractors to replace concrete entryway - Muni Court. • Processing contract with RFI Communications for access control upgrades - PD, Annex, Shops. • Working with Parks Operations to set three irrigations valves for future irrigations needs - Muni Court. • Working on walkway lighting project - Muni Court. • Testing out TMA upgrade. • Completed lease agreement with Way Back Inn Foundation. • Performed PMs on all automatic vehicle gates. • Completed porch and column repairs - Historical Museum. • Interior painting - Muni Court, Shops. • Installed new electrical circuits - Shops, Station 76 maintenance shop, ECD, PD. • Painted exterior - Station 73. • Replaced duct work - PW shops. • Completed work requests city-wide. • Refinished wood floor at KMP with new wax we are testing, holding up nicely so fa r,. • Carpets cleaned - Centennial completed, Senior Center, Muni Court, PD. 9 Page 110 Performance Outcomes 1. How much did we do? Number of Work Orders 249 2. How well did we do it? Number of Work Requests Closed 198 Percent of Work Requests Closed 79% 3. Is anyone better off? Yes Well maintained City assets Inviting and comfortable buildings for citizens and employees Riverbend Golf Complex Program / Services Highlights The weather had a major impact on rounds of golf as well as revenue in the third quarter. One wet weekend in mid-August and nearly five times the normal rainfall in September had negative impacts on rounds of golf as well as the revenue. Rounds of golf at the 18 Hole golf course were up 4.9% in July and down by 4% in August due to one wet weekend, and down 7.1% in September due to the increased rainfall for the month. For the quarter rounds of golf at the 18 Hole golf course were down 6.0% compared to 2012. Rounds of golf at the Par 3 golf course were down 1.9% in July and up 1.6% in August, and down 34.5% in September due to the increased rainfall for the month. For the quarter rounds of golf at the Par 3 golf course were down 15.9% compared to 2012. Driving range ball sales were down 6.9% for the quarter compared to 2012, due largely to the increased rainfall in September. Merchandise Center retail sales were down 0.9% for the quarter compared to 2012 with a noticeable drop in sales for the month of September. Weather is the biggest factor impacting rounds of golf and the golf complex revenue. When comparing the 2013 rounds of golf and revenue to 2012 it is important to remember that in 2012 there was an 80 day stretch of no rain during the third quarter. In September 2012 the rainfall total was less than 0.30 inches, this year the rainfall for September over 7 inches. Performance Outcomes 1. How much did we do? Rounds of Golf at the 18 hole golf course 21 322 Rounds of Golf at the Par 3 golf course 11,308 Driving Range - Range Ball sales $118860 Merchandise Center retail sales $126371 10 Page 111 3. How well did we do it? Compared to_ 2012 Rounds of golf at the 18 hole golf course -6.0% Rounds of golf at the Par 3 golf course -15.9% Driving Range - Range Ball sales -6.9% Merchandise Center retail sales -0.9% Parks Operations Program / Service Highlights Downtown core The new plants in the island beds on Meeker as well as the new container plants have successfully established. Staff is now working on plans for other areas at City Hall, Centennial to update tired landscaping. The City has also been working with the Downtown Partnership to support the next phase of their efforts to beautify the downtown core. Town Square Plaza fountain is operational for the season however there have been periodic closures for repairs and maintenance through the summer. This has been another successful event season at the Plaza having again hosted the Saturday Market, Cornucopia and the Summer Concert series. Most of the street trees that were removed due to storm damage have been replaced with a few remaining that will be replaced by staff prior to the end of fall. Issues with litter and garbage continue in the downtown core requiring continuous attention by staff. Green Kent/Community/Volunteer events Staff provided support for many successful volunteer and Green Kent Steward events at East Hill, Morrill Meadows, West Fenwick, Lake Fenwick, Clark Lake and Campus parks. Athletic complexes The athletic complexes are winding down for the season with a planned wrap up in the first week of October. 3500 square feet of infield turf will be replaced at Kent Memorial Park to fix wear and tear issues. Outfield and perimeter fencing repairs, scoreboard repairs and light repairs are planned through the end of the summer at all of the complexes. Neighborhood and Community Parks The KaBOOM event at Turnkey was a success and the renovated playground areas are very popular. The work done by the volunteers in the rain garden has required extra maintenance time to ensure the establishment of the new plants through the unusually dry summer. Turf maintenance is underway at most of the Community parks utilizing phosphorus free fertilizer to meet the new regulatory requirement. Staff is conducting soil tests to monitor the effects of the new program. Maintenance Highlights The Tree Keeper database has gone "live" with assistance from the Davey Resource Group. A trial period was conducted to ensure accurate data and to familiarize staff 11 Page 112 with the system. The implementation of this system will allow staff to track the condition and prioritize care and maintenance of the City's trees once the entire inventory is complete. The evaluation of a centralized irrigation control system at Van Doren's is still underway. This test location was used to evaluate the system for potential and if implemented will allow more active water management in the parks. The results summary is expected to be completed by the end of October. Performance Outcomes 1. How much did we do? Number of trees that have been surveyed for tracking and 2,300 monitoring. 2. How well did we do it? Utilizing the Tree Keeper management system we will be able to Evaluation track and monitor the tree assets in the City_ underway 3. Is anyone better off? Staff will be able assess the City's urban forest much more 100% accurately and be able to assign resources to tree care maintenance much more strategically and efficiently. 12 i Page 113 3 I 1 I f , l i 1 r t r r 4 •� r � F P' f T y �t t f 7 +i I I _---- t 9 i i I --- - i Page114 ! 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III v L Z U U U U U U U U U U ° - - M m 0 L L L L L L L L L L m o 0 0 0 0 0 0 0 0 o ` ` m m j E 'E 'E 'E 'E 'E ' vLE 'E 'E 'E u y y V V Page 124 Page 125 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 ® Fax: 253-856-6050 KENT WASHI "G'° " Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 October 17, 2013 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 KENT WAs HINGTOH Parks and Human Services Committee Agenda Councilmembers: Deborah Ranniger, Chair • Elizabeth Albertson • Dana Ralph October 17, 2013 5:00 p.m. Item Description Action Speaker Minutes Page 1. Minutes dated September 19, 2013 Yes Council 03 01 - Approve 2. 2014 Community Development Yes Katherin 07 11 Block Grant Annual Action Plan — Johnson Approve 3. 2013 Western States Arts Yes Ronda 05 49 Federation Grant — Accept Billerbeck 4. Recreation and Conservation Office Yes Hope Gibson 05 55 Grant Agreement— Authorize 5. D.A. Hogan Consultant Agreement Yes Hope Gibson 05 77 for Wilson Playfields — Authorize 6. Kent Valley Loop Trail Update — No Hope Gibson / 15 95 INFO ONLY Jeff Watling 7. 2013 Third Quarter Report — INFO No Jeff Watling 05 97 ONLY 8. Director's Report - INFO ONLY No Jeff Watling 05 123 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 Ave. So. in Kent, WA. For information, please contact the Parks, Recreation and Human Services Department at (253) 856-5100. Any person requiring a disability accommodation should contact the City Clerk's Office at (253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. Page 1 Parks and Human Services Committee Meeting Minutes for September 19, 2013 Council Committee members Present: Chair Debbie Ranniger, Dana Ralph, Elizabeth Albertson Chair Debbie Ranniger called the meeting to order at 5:03 p.m. Item 1: Minutes of July 18, 2013 - Approve MOTION: Committee member Ralph moved to approve the minutes dated July 18, 2013. Committee member Albertson seconded. The motion passed 3-0. Item 2: 2014 Washington State Arts Commission Proiect Support Grant — Accept Superintendent of Recreation and Cultural Programs Lori Hogan shared that once again the amazing staff in our Cultural Division applied for and received the Washington State Arts Commission (WSAC) program support grant for 2014. Kent Arts Commission will use the funding to support the presentation of performances and educational outreach activities by Keola Beamer, Moanalani Beamer and R. Carlos Nakai (world music and dance), as well as California Guitar Trio and Montreal Guitar Trio (classical and world guitar) as part of the Spotlight Series. MOTION: Committee member Albertson moved to recommend accepting the $3,950.00 grant from Washington State Arts Commission and approving the expenditure of funds in the Kent Arts Commission's budget. Committee member Ralph seconded. The motion passed 3-0. Item 3: New Connections Lease Agreement — Authorize Superintendent of Facilities Alex Ackley reported that New Connections, a nonprofit agency serving Kent residents, has been a tenant in the city-owned building located at 412 West Titus Street since June, 2003. The condition of the current location is no longer adequate to run the tenant's programs, therefore, the tenant will be moving to the city-owned building located next door at 422 W. Titus. In consideration of this 5-year agreement, the Lessee pays all costs associated with or arising out of the maintenance, operation, and agreed upon tenant improvements (Exhibit B) of the leased premise, in lieu of paying rent. The Lessee will also pay a monthly Leasehold Excise Tax in the amount of $267.30 based on an estimated fair market value rental of $2,349.00 per month. Through an agreement with DSHS under their Career Path Services Program, New Connections provides six to twelve months of training for individuals in their office (paid for by DSHS) and working with the Police Department and Corrections staff. During the last year, New Connections trained several individuals in work and office Page 2 skills and gained valuable (no-cost) employees which allowed them to provide extremely low cost assistance. The motion was corrected by eliminating "St. Vincent de Paul" from the lessee name. MOTION: Committee member Ralph moved to recommend Council authorize the Mayor to sign the Lease Agreement with New Connections to rent the city-owned building located at 422 West Titus Street, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. Committee member Albertson seconded. The motion passed 3-0. Item 4: GreenPlay Agreement — Authorize Parks Director Jeff Watling and Superintendent Lori Hogan reiterated that at the 2013 City Council Retreat, Council identified a number of priority items from the Efficiency Study, conducted by BERK and Associates, to further explore and discuss. One of those items under Level of Service was the review of recreation programs to better understand and determine cost recovery. Watling recapped that staff introduced an approach to this task proposed by GreenPlay LLC at the June 20 Parks Committee meeting. GreenPlay would utilize a pyramid methodology to develop a cost recovery model and resource allocation philosophy for recreation programs. The pyramid methodology has been successfully applied to several cities and agencies throughout the country Hogan spoke to Council's questions on the cost recovery of recreation programs and services. The process begins with a series of workshops with city staff, elected officials, business leaders, and residents. This group will meet 4-5 times in the next 5-6 months and talk in depth on what recreation services are offered, as well as the impacts, values, and prioritization of these services. Discussion will include the current fee structure and whether it is right-priced, or whether the fees need to be adjusted. The intention of this process is to come away with a cost recovery model and a philosophy that the Parks Department can apply to current and future programs, services, and projects. Committee member Ralph voiced concern for the staff time involved to implement this scope of services. She feels that staff time is already limited. Hogan thanked Ralph for her concern and agreed that it will take time to manage through the process. She is hopeful that much of the information needed can be pulled from the current registration system. It will be a big investment of time initially, but she hopes that the resulting product will be well worth it and give us a better path forward when it's done. Watling feels that this will be a great management tool with existing programs and can be used when considering programs in the future as well. Hogan added that GreenPlay is very willing to work with the city. They have taken into account staff time and spread the process over the calendar to accommodate staff schedules. Page 3 Committee member Ralph said it feels like an efficiency study and again is concerned that staff is already so lean. She wants to make sure the study looks at the value of current programs. Hogan feels that it won't be a report on efficiencies, and that the focus of the study will result in a product that shows; our programs are serving a broad community, our services are right-priced, and that there is a need and a value to our services in the community. Hogan noted that, if we find there is an area that needs revisiting, then we will. She reiterated that it will be a valuable tool to assist in measuring the value of our services. Watling said, as we price the services, we understand there is a spectrum of city investment. The intent was to address Council's questions on how we are investing in recreational programming. He does feel this is an exercise of reviewing efficiencies and not what can we get out of the business of doing. Committee Chair Ranniger commented that the contract doesn't reference re-directing the city's resources to some other focus. Elizabeth felt that it does and referred to the pyramid model, focusing on the community benefit piece. Hogan remarked that it would be a surprise if at the end of this analysis, there are services that need to be removed. But, if that is the case, this model will be an effective tool for Council to use in deciding what happens next. Councilmember Ralph asked if this is the best use of $34,000. Watling responded yes, it gives staff the tools and the opportunity to go deeper into how we analyze costs. It's an investment that is well served. Committee Chair Ranniger was not concerned with the size of the contract and felt the price was low. Committee member Albertson liked that this method offers a process and a structure to set up guidelines. She appreciates the public involvement process to get input on creating the model that matches community needs. It's an opportunity for outside opinions from a new perspective. Committee member Albertson moved to recommend Council authorize the Mayor to sign the agreement with GreenPlay in the amount of $33,950.00 for consulting services, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. Committee member Ralph seconded and the motion passed 3-0. Council member Ralph requested this item be moved to Other Business on the agenda so that the original goals can be discussed by full Council. Item 5: Riverbend Golf Complex — INFO ONLY Chair Ranniger stated that this informational item is more exploratory information on the Riverbend Golf Complex and an endeavor to continue this conversation to bring the golf complex to a more stable mode and still provide that asset to the community. The report will explore some different financial structures and provide next step guidance in the exploration for sustainability. Page 4 Parks Director Watling stated that, as a follow-up to the September 3 City Council Workshop discussion on Riverbend, three options were presented to address the current financial issues within the Golf Fund. This presentation includes an overview of each option, as well as an assessment of the advantages, disadvantages, and policy implications for each of the three options to address. Watling noted the three challenges within the golf fund: 1. Debt Repayment 2. Funding Capital Needs 3. Operational Sustainability Options: 1. Enterprise — Outsource Management / Operations Management Contract - Outsource • Hire a management company to operate all aspects of Riverbend Advantages: • No change to Riverbend Complex • Costs may be reduced due to labor cost reductions • City relieved of day-to-day operation Disadvantages: • City funds all capital improvements • City funds all debt re-payment • Less control than self-operation • Usually does not provide guaranteed income to owner Policy Implications: • This option does not directly address two of the most significant issues within Golf Fund — debt re-payment and capital reinvestment • Impact to current employees (both represented and non-represented) Interim CAO Tom Brubaker interjected that, as an example, the city has a management agreement with SMG for the Event Center. The city doesn't know the entertainment business, so a company was contracted to operate the facility. The city pays SMG to operate the facility and we are responsible for the maintenance and repair of the facility, as well as making up the difference if revenue is down. Lease Agreement - Outsource • Lease the facility to a private operator in exchange for an annual lease payment to the City (similar to Riverbend's restaurant lease) Advantages: • No change to Riverbend Complex • Burden of risk is partially shifted Page 5 • City relieved of day-to-day operation • Lessee could contribute to needed capital improvements • Lessee to maintain equipment Disadvantages: • City has limited control. Public access is impacted. • Laborissues • Revenue constraint to City • Longer term contract • Unexpected golf market downturns • Debt service re-payment may not be directly addressed. We need a $400- 600K return. A third party wants to make money. Policy Implications: • This option may not directly address two of the most significant issues within Golf Fund — debt re-payment and capital • Impact to current employees (both represented and non-represented) • Balancing the roles of public asset and enterprise Watling said there is always a challenge with striking the balance to push revenue and encourage access. Whenever there is a third party involved in the operation of an asset, the third party is in it to make money. As we noted from the public meetings, entry point into golf is a core value. The city's role with public space is to encourage public access. In a lease agreement, that is a delicate balance with a partner. Committee member Albertson referenced the role between municipal an all access golf course and a private country club golf course. It's not the same market and we play a different role in the industry. Hybrid Management Contract • In the 1980's and 1990's Riverbend was operated with a hybrid management contract. • Combines some aspects of both. Usually shorter term (3-5 years) and may include all or part of the operations 2. Enterprise — Re-size the Operation • Reduce the size of the Golf Complex • Reduce operational costs • Proceeds from sale would pay off debt and fund capital improvements • Ensure Golf Complex remains accessible for all ages and all abilities Advantages: • Improve operational sustainability • Proceeds from sale pay off interfund loan • Proceeds from sale fund current and future capital investments • Riverbend remains a public facility for all ages and abilities Page 6 Watling reported that 48% of revenue comes from the 18-Hole, 42% from the driving range/ pro shop and 10% of revenue comes from the Par 3. He commented that, if we consider resizing, how we would provide current services. Watling displayed conceptual maps that showed the potential of turning property on the Par 3 side that would accommodate 3 holes and multiple tee boxes - which provides six different practice areas, plus a chipping and practice area. Riverbend Golf Complex Superintendent Pete Petersen commented that, comparing the lengths of the holes on the proposed conceptual design, two different tees and two flags would offer the junior and senior groups a similar experience to the Par 3. Watling responded to the concern of 9-hole players feeling intimated by the 18-hole course. He spoke of incorporating the national program played on18- hole courses called, "Tee it Forward" which creates a set of tees that are pushed way forward. This produces a golf experience for the beginners, juniors, and seniors who want to play a shorter course. Staff hopes these options stay true to our goal of remaining a public facility for all ages and abilities. Disadvantages • Loss of public property • Is there commercial interest in that property? • Represents Change Policy Implications: • What would be the City's vision of re-development of this site? • How does the City ensure an appealing project that will benefit the community including public access into the site and along the Green River? • How does the City and Community work through the change that this option would bring? 3. General Fund Budget — Transition Riverbend into the General Fund Budget Annualized Costs • Total Annualized Costs: $665,000 - $1,075,000 o Debt Repayment of $2.25m • 5 years: $475,000 per year • 10 years: $265,000 per year o Capital Needs: $350,000 - $400,000 o Operational Sustainability: $50,000 - $200,000 • Identify Funding within the General Fund o Increase revenues, and/or o Reduce/eliminate other General Fund programs Page 7 Advantages: • No change to Riverbend Golf Complex • Interfund loan could be repaid through the General Fund • Current and future capital needs could be addressed (depending on funding and prioritization with other capital needs) Disadvantages • General Fund budget is currently very tight. Adding the golf complex will likely mean the reduction or elimination of other general fund services • Impact transferred to other services • Operational sustainability may not be met • Current and future Capital needs may not be addressed due to funding priorities and availability within the broader Capital Budget Policy Implications: • Where does Riverbend fit into the General Fund Services priority now and in the future? • Shall funds from the Strategic Opportunity Fund be used? If so, how much? • What other services will be reduced or eliminated within the General Fund? CAO Brubaker commented that the city needs to look at other funds besides one- time money for an ongoing issue. We need to look for reliable source. Parks Director Watling referenced Council member Perry asking about using the One Time Strategic Fund to pay the debt. Brubaker said this shouldn't be handled through a one-time fund. Committee member Albertson said it could eliminate the $2.25M debt, but doesn't address the other financial issues. CAO Brubaker referenced the challenges with the Seattle Public Utilities partnership and the Highlands property. He said the city has been very successful with selling city-owned property, such as Kent Station and The Platform and guaranteeing a development fit. The city has good control in what happens with post sale; when we are the seller. Committee member Albertson understands the need to reduce the Par 3, but still has a hard time with selling property when we haven't replaced the Commons fields yet. She also understands it could be a wonderful community asset like Kent Station and Town Square Plaza, with a public space that incorporates the river. She doesn't have an answer as to where else the city can find the funds for the debt service or a source for capital improvements. Committee member Ralph agrees with Albertson, she's torn. She commented that it's an amazing piece of property and an asset to the community. Business wise, reducing the footprint makes sense and it would provide the funds for the city if Page 8 sold, but her heart says she's not sure if it's the best choice and she hasn't come to a resolution yet. Committee Chair Ranniger senses that, before going any further, the city needs to decide what the vision looks like and find out if there is any interest in developing the property. Committee member Albertson agreed that we need to know if there is interest developing the property into a signature gateway — a river walk with restaurants and public spaces. Adding that it would have to provide a civic benefit. Albertson asked about creating a PUD. Watling felt the group isn't in a place to make any decisions and more information is needed. He feels the next step is to define the city's goals and vision, as well as research market interest. After that, work with Economic Development to see if there is market interest that matches these goals and vision, if we were to consider development. Committee member Ralph stated that the design needs to include the golf educational portion as well. Watling shared that during his conversations with the youth golf groups, First Tee voiced their interest in being a part of the re-sized model and design. Interim CAO Brubaker referenced an appraisal that was done on the property. Based on the appraisal amount, he said it is likely the sale price would pay for the debt service, the capital projects, and the operational efficiencies. If the property is sold, it probably wouldn't be in one lump sum, but in payments. Brubaker will check with Economic Development to look at options and see the possibilities of how the payments would be structured. Committee Chair Ranniger stated that we need to keep moving forward. We need to review proposals from the interest groups and talk to Economic Development to see if there is a market for the kind of vision that meets everyone's needs. Watling reiterated next steps; review proposals from interest groups, define the vision for potential development if the Par 3 is re-sized, and work with Economic Development to see if there is commercial interest in the property. Brubaker agreed that we need to find out if there is a development that meets the vision of Council and the community. Committee member Albertson referenced Tarragon Management and asked Brubaker when the housing project will be completed. He plans to meet with Tarragon to discuss the parameters of the development agreement. Page 9 Item 6: Director's Report • As outlined in the Asset Analysis, the Wilson Playfields Turf Replacement project is our number one capital project in the 2013/2014 budget. Staff found a way to fund project through a compilation of REET and other budget funds. Also, the US Soccer Foundation invited us to apply for a grant (up to $200,000) to help fund the Wilson Turf Replacement project. • Kent Valley Loop Trail The community and staff are very excited about the Valley Loop Trail project. We have experienced a very strong response to the online survey with over 250 comments offering input on the project. The consultants will attend the October Parks Committee meeting to assist staff in updating the committee. • Spotlight Series Concerts kicked off this weekend with Late Night Catechism. • Fall volunteer events begin September 28 with National Trails Day at Park Orchard Park. We are fortunate to have huge participation in our volunteer events. Without the support of our volunteers, Jeff feels we couldn't steward our park system. Chair Debbie Ranniger adjourned the meeting at 6:20 p.m. Respectfully submitted, Teri Petrole TeY,� Pefivo(e Council Committee Secretary Page 10 Page 11 PARKS, RECREATION AND COMMUNITY SERVICES ® Jeff Watling, Director Phone: 253-856-5100 Fax: 253-856-6050 W18HIN OTC N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 October 17, 2013 TO: Kent City Council Parks and Human Services Committee FROM: Jeff Watling, Director Parks, Recreation and Community Services THROUGH: Katherin Johnson, Housing and Human Services Manager SUBJECT: 2014 Community Development Block Grant Action Plan and Funding Allocations - Approve MOTION: Move to recommend Council approve the proposed Community Development Block Grant 2014 Action Plan, including funding allocations and contingency plans, and authorize the Mayor to execute the appropriate certifications and agreements. SUMMARY: The City of Kent receives Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD) as an Entitlement City. To receive this funding, the City is required to submit a Five-Year Consolidated Plan for Housing & Community Development. The City's Consolidated Plan is in effect from 2003-2017. Prior to the beginning of each year of the Consolidated Plan, the City must inform HUD and the community of the specific actions that the City will execute to implement the objectives and strategies of the Consolidated Plan; this is outlined in the 2014 Action Plan. The Action Plan also includes the allocation of estimated resources that will be used to carry out the objectives and strategies, and a description of each program that will receive funds. The City recommended that a major portion of CDBG funds be used to support the City's Home Repair Program. This program serves many low- income, disabled and senior homeowners in Kent by providing needed repairs. The program also ensures that a portion of Kent's low/moderate- income housing stock is maintained and preserved. Citizen Participation: On October 3, 2013, the City of Kent published a public notice on its website and informed the community, organizations, and stakeholders that the Draft 2014 CDBG Annual Action Plan was available for review and comment for a period of thirty (30) days. On October 17, 2013, Page 12 Page 13 the Human Services Commission held a public hearing for the purpose of taking comments on the 2014 Annual Action Plan. Human Services Commission Recommendations: The Human Services Commission reviewed and approved recommendations for CDBG funding for 2014. EXHIBITS: • City of Kent 2014 Annual Action Plan • Application for Federal Assistance. BUDGET IMPACT: The estimate of $914,499.00 may increase or decrease depending upon the final federal appropriations bill Congress passes in the fall. Therefore, the recommended funding includes a contingency plan to address any potential fund changes that may occur when Congress adopts the 2014 budget. The CDBG project accounts for 2014 are impacted by the budget. Page 14 Page 15 i Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction THE CONSOLIDATED PLAN The Consolidated Plan for Housing and Community Development is a report which informs the community,stakeholders and the Department of Housing and Urban Development (HUD) how the City of Kent (hereinafter referred to as "the City") will invest its Community Development Block Grant from 2013-2017. The report also identifies the objectives and strategies that will guide the City's investment. Objectives and strategies are fueled by the City's overarching goal to build a healthy community. ONE-YEAR ACTION PLAN Purpose of the One-Year Action Plan Each year the City of Kent executes specific actions to implement the objectives and strategies of the five-year Consolidated Plan.Actions that will be undertaken in 2014 are outlined in this One-Year Action Plan,which describes both the allocation of estimated resources and a narrative of what will be done. In a given year, it is possible that no steps will be taken to achieve a particular strategy. Similarly, it is expected that during the course of the year,the City will be presented with unanticipated opportunities that can be capitalized upon to help meet goals and strategies. When this occurs,the City will seize.the moment to further the goals and strategies defined in the Consolidated Plan. 2. Summarize the objectives and outcomes identified in the Plan • See AP-38, Projects Summary.Activities benefiting low/moderate-income persons • Activities which aid in preventing or eliminating slums or blight • Activities meeting community development needs that have a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources do not exist to meet such needs 1 Annual Action Plan 2014 OMB Control No:2506-0117(exp.07/31/2015) Page 16 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. During the past year,the City realized significant gains on its investments and improved the lives of many Kent residents. (Data is provided for 2012;complete data for 2013 is not available and will be provided in the 2015 Action Plan.) Outcomes for 2012 were: Accessibility to decent housing • 108 households received home repair assistance 0 48 persons received transitional housing and case management • 2 individuals received shelter a 33 persons received housing stability grants Accessibility to suitable living environment 15 persons received medical services 26 persons received emergency assistance and case management Accessibility to economic opportunities • 41 persons were enrolled in micro-enterprise business training classes 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. The development of the One-Year Action Plan includes a Citizen Participation Process involving public notification of the availability of the plan draft and an opportunity for comments prior to finalizing the One-Year Action Plan. Persons with disabilities are encouraged to participate in the Citizen Participation Process and the public notice describes how accommodations will be made. The City of Kent, Division of Housing and Human Services, consulted with intercity departments, government agencies, public and private agencies, mental health organizations, the local housing authority, organizations serving persons with HIV/AIDS, agencies serving people with disabilities, refugee and immigrant organizations,organizations working with seniors,faith-based institutions,the business community, Department of Social and Health Services, and foundations. 2 Annual Action Plan 2014 OMB Control No:2506-0117(exp.0 713 112 01 5) Page 17 Additionally,the City published a draft Consolidated Plan and Notice of Public Hearing on the City of Kent website. A public hearing was held on October 17, 2013. 5. Summary of public comments This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. [To be added] 6. Summary of comments or views not accepted and the reasons for not accepting them [To be added] 7. Summary 3 Annual Action Plan 2014 OMB Control No:2506-0117(exp.07/31/2015) Page 18 c to L u � m u a) G O bt0 C Q O � a Y C C m a a o 3 m O L — o 0 w a) A N N C O �+ Q VI N E v c _m N 00 d 0 0 O L d O � U C a m O o ar a p Q c o d r ar E N CDm o m Q p Li+ z °- C bz — N cu i c D c O N m Q U a v do a) 4 v C m C h N m C ® a b0 N m C m N F N m W o > E 'i 2 Y > > m C C 01 •L d _ v tiA O m bA w c c a c +' C 'a Q m m in QI •VI N .a O C U ..4 p � al v = 3 (7 O 2 v N •N O. O N a C = CD n L C CD 'y, 7 m Q. i+ \ to 0Cq O f�LO C O C j j v � a) CL W C N E •y ++ C a: 6 O N o f0 al L C C C -O •E Q .0.. Y t tS0 d t �, N W 6 p Y m E c� y c O m z a s E a a a w a > Y o Y a a o Ln `o N LY al J O O O O m r ® • O r'o +' ry v N z H U Y V N le 0 i Page 19 i i ro a I c o � u ¢ 0 co 3 C C i O N o :a o o � g o N c u o 3 0 N Y Z 'O CaJ o -O C C . O p o I m E 2 3 N "6 0 i Page 20 i i I AP-10 Consultation—91.100, 91.200(b), 91.215(I) 1. Introduction The City of Kent consulted with multiple entities, including South King County cities (the cities of Auburn and Federal Way are the two other entitlement cities in South County),the King County Housing Authority, King County Department of Community and Human Services, nonprofit agencies delivering services in Kent and the subregion and Washington State Department of Social and Health Services. The City of Kent carries out homeless planning and coordination as a regional issue. Kent works with the Committee to End Homelessness, King County,cities, mainstream systems, Safe Harbors, housing funders,community agencies, United Way,the private sector(including businesses), and homeless people. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health I and service agencies (91.215(1)) Kent Housing and Human Services Division meets regularly with other King County jurisdictions, public housing authorities and State Departments to develop strategies and implement plans to improve the quality of service and access for low-income residents in the city and throughout the region. Additionally,the City participates in quarterly meetings with King County staff, including the Public Health Seattle/King County,to review implementation and delivery of services funded through regional efforts.The City will continue to participate in the Committee to End Homelessness,funding review panels for Continuum of Care(CoC), Emergency Shelter Grant and McKinney funding. In 2012,the Coordinated Entry program was launched providing a single point of entry for homeless families. Housing providers,funders and government agencies provide support to this program. Kent requires that housing providers under contract with the city participate in Coordinated Entry and Safe Harbors,the Seattle/King County Homeless Information Management System (HMIS) program. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS To receive McKinney funding, HUD requires applicants toworkthrough a local Continuum of Care. For Seattle and King County,the Continuum of Care encompasses programs and activities within the borders of King County, including Seattle. Each continuum sets funding priorities and need for its community. The Seattle-King County COC priorities are set by the Committee to End Homelessness in King County 6 Annual Action Plan 2014 OMB Control No:2506-0117(exp.07/31/2015) Page 21 (CEHKC), Kent staff is on the CoC/McKinney Advisory Board and staff both the CEHKC Funders Group and Interagency Council. Describe consultation with the Continuum(s) of Care that serves the State in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds,and develop funding, policies and procedures for the operation and administration of HMIS The City consults with CEHKC, which in turn, consults with the State on behalf of the local jurisdiction. 2. Describe Agencies,groups,organizations and others who participated in the process and describe the jurisdiction's consultations with housing,social service agencies and other entities 7 Annual Action Plan 2014 OMB Control No:2506-0117(exp.07/31/2015) Page 22 G C C m N o a E .N O o E N Y C_ O E U Y U C o O O O � > U U O E C !l � U_ Y Q d >o N> 0 Y C ++ a N N > V O G Y • O1 O U t nn s v E Y C Y L > Y C Q) Y > = p 0 0 0 bA Y N C > t0 O1 N O1 "O i N N �O Y ra m _C ra � ai E E r G L s N E c E U N N C Q N = C U w N C a v c Y '^ £ r m N �n C C Y N tw U LL "O V Y C U N p d m , Q N -C > CNN > '> o 0 O 0 > > U NON U p GO IB m `> E E E E E 'a v E _ '> > E E E E E •a aci -o `-' Y, E v 0 0 0 0 o c a0 0 0 m o v 0 0 o o o o c to w x x x x x a a Y U c a r. r• m 1Yo Dr � O L V y Y N N O C ^ N D G C •C �n O C •G N O u m u 00 E m a O o G O oCL c \ a y CNl m O v 0 w 0 0 0 O 0 d! '6 \ }' > N \ M N CL T E• CL T m u O. p >' t0 F C •u F- r �n C (p W CL C C �p a, .� O. 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Z S Z •c Z a z V f0 f0 f0 10 p w N R N N 6 N t6 a 0 .0 N � O O N O O W O O w O O ow O O owLn a ei N M V N 0 Page 34 a O O a E 0 L 3 s � •3 0 y i 6 u p p L N V N 7 0 O �y L L O Y 00 E o t 0 3 a o a * c a m :E j m a E c u C O y pp C m C C L N d d 0 C E o c a 0 E L C � a 0 u c c O 3 v v aj Ln c E ,y 0 O N O u '4 V W o 0 _> _ 6_ G! O O O L r _ N x v � 3 0cu2 6 h V a L � � EC r- �bo # rl r O y 0 p ry L m u o ++ N � z A E o w N w O 0 W 10 Page 35 AP-35 Projects— 91.220(d) Introduction The projects funded by the City in 2014 address the priority needs of providing assistance to prevent and respond to homelessness, maintain affordable housing, housing for the homeless, increasing self- sufficiency, and decreasing isolation, Services include minor home repair services, rent assistance to prevent eviction, healthcare services fort he homeless,shelter and transitional housing,case management and emergency assistance for refugees, senior meal program for refugees and micro- enterprise business classes to increase self-sufficiency for low and-moderate income individuals. # Project Name 1 Kent Home Repair Program 2 Catholic Community Services-Katherine's House 3 Multi-Service Center-Housing Stability 4 Health Point-Healthca re forthe Homeless 5 Refugee Women's Alliance-Case Management&EMS Assistance 6 Refugee Women's Alliance-Senior Meals 7 Washington CASH-Kent Micro-enterprise Initiative 8 YWCA-Anita Vista Transitional Housing 9 Emergency Feeding Program-Food for All Around Kent Table 7—Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs The City's distribution of funds align with the City's objectives of accessibility to decent housing, a suitable living environment and economic opportunities. 21 Annual Action Plan 2014 OMB Control No:2606-0117)exp.07131/2015) '.. Page 36 `w s N m O N R N i C a L N �n i E v O C v O E v 3 E L C 0 N N Y O R U C E O C > d v E N C N R > C ` N o 'm E T Guw m N N R E > C R w R w E o N L C O Y E > a o c o m E ' v E £ v o = E °u c u v R O C R O a ° J m s 'v O ° •° �n o m o = J N E a E > G 3 C E y� 2 L O !? _u n G E N N In J 3 ERE m C T, O O [O a E L T O O CO d N L G O N ❑ R O R '� ❑ 3 t 7 w Y u Q Q u u = u u Q Q u a v� u R R m E 0 E m aR o v o m W a v c m O E Z Q` y N „ 'a v v ? ¢ N m 'Q v v z a N V d N O N R C C Y U W N ° N C C Y O Y al LA — C 'O L 'O `u C > N 00 R C N V V N C > W OO y -O J y R `O R O 7 y -O y R u u LL l7 H VI Z Q LL 0 E Q fL F- W V1 Z O Q LL O d Q 6 CL Q d ey N M O Page 37 ++ N C N Y C C N v t4 N w m N J � O > N N c c u N _C ` vN J C w O O 6 O o r Cv 2 C� a Y L N N L C @ N ..0 J v1 •� d" h0 N O w u Qu �O C U N ^ t C N 0 W J O @ @ C N Q N = N N v U N v C N N H U 09 N > CJ w O O O Q C9 C O N Q N ` LL VI u > a N C N i LL N U VI d C O "O ?) C O N Vt o O1 L UJ �p y a O N O ci y 0. N L ci y N w C ZUi• U d Y O Z U N bL O N Z U U n O > coco4 w A > N cos o ❑ J Ul Y N @ O 7 O v .N Ll @ ❑ 7 n u a co c.7 0. a x u � m u d a z � a °� u d v a @ ❑ E@ c E@ c o p N °° a ° m Y ¢ w 0 O. .O ` •6 .0 C � y W N Q M i •� �u C y N d m L •� u o `M 10 d W 'O C yi C .Y .O b�0 @ p• G! '� C in .O `M @ 6 N C H F � V) Z Q LL C 6 Q d F U H Z Q LL C 6 Q d F 0 {A Z Q LL m a Lr) 0 Page 38 o I u E v c V � I C O N x Y O C p N U N O ' C C � Y I � G •� N N C m ✓ N p N m b L O D -O N C w O O C w �' Y C C O G y Q 6 c w E u_ v b O E C II v + m N C 0 N [ O E O y u O C N U N V = p N � C Y c E a � N u Di m E a m a c L N N v V O •VI ��yYY y Q E y VI L.I O W — c v o U N > C U > > C N O O p ` O L C D! C y O y Dl y > N DJ Dl L wm m •C > C 'O L N m O •vim — v y E ¢ o •o u Y c a — do m N c o n' N v=i a 3 °�' '� •� O O C .> O y O 0 = m C o`o o •2 v a c v vi u N w N O- N Y v� v� i/} Vl O � Y D! 'E t/} •• h Q tLa tLo \" C v w bD O d V L7 = bOD L O O C7 •am+ C Q p o E v 2 m s w u a m o o. ^ ° w o ` 0 d � 2i V c w U U m v � U Q Q v O N D o E m c E m c E m m W 'D 'O O m w m 'O O m w VI Z L y 01 N '�. L Q! N y Z D! N •p UI y Q Y N OD Y .a U1 y Q N OD 'O Q! O. C N D) b Q L 'm U C •� N Dl m m L V C > D) Ol N a s O m •� •p 0 3 a°1i v 3 m m u o (`o 0 3 a01i v 3 w u `m o CLD°i v a ''........ Z a F- (D m Z Q m g co o Ii Page 39 `o w � o c O h � O N n > W O � � Y D H O � Y j U > N v E n h O t u h v u E U o s u m vOi j. fO m m m L h N .E E c k2 v' ETv m o a 'o N c ` o y a m a a m p O y,, m CO c a O > O �' O O V} c c f6 Y E m E m •° a a o 'o C c -o Lb0 C C C s m o v m O o c m o w ° O co > Q c�i ,�, m O O O E m p Q +� a a �o v o c u v a o o c o v a > m E v ° -o m a O C m a+ h m O m !Z N OO L -� DO � � � Q o = c E a c u m O c •� U 'O c O E Y O W O N �n O w_ Y >O O U C LL Y h h > Y �- L GI N d VI ti U C M m O O 3 h 3 N m h m O u u -01a ome V- z z oe v `u y u u m a w U CO m u E N c E E c Zv =o =o =o C C C C m a LL m m m m o p p 9 m N m o a U N o a O o b0 , {Z.a Q i vhi m G W O W C C C C z 5 m Y V Y p h y C W 6 a O m > > ' U N mM -Fah C 9 a u C I Z VI N m N O a C y m y •� O C W m U w F ''' O O am+ m O O LL O 1 Q d H C7 VI Z Q LL p d Q W U a z0 Y Y m Y O� F V LL C c L) C C 0 Page 40 i i AP-50 Geographic Distribution —91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration)where assistance will be directed CDBG funds are distributed throughout the city. Low and moderate-income households exist in all of the census tracts in the city.The heavier concentrations can be found on both the East and West Hill of Kent. Geographic Distribution Target Area I Percentage of Funds City of Kent 100% Table 9-Geographic Distribution Rationale for the priorities for allocating investments geographically N/A. Discussion Poverty is high in pockets throughout the City(over 20%) and children qualifying for free and reduced lunches in the Kent School District is at 52%. Unemployment and dependence on public assistance has forced many households to use public services for basic needs including food, utility assistance, rental assistance, medical services, etc.The increased need and high volume of usage dictates that services be available to all low/moderate-income households in the City of Kent. 26 Annual Action Plan 2014 OMB Control No:2506-0117(exp.07/31/2015) Page 41 Affordable Housing AP-55 Affordable Housing—91.220(g) Introduction The City will provide rental assistance to prevent homelessness and rehabilitation assistance to keep Kent residents in their homes who might not otherwise be able to afford the upkeep for their homes. In addition,the City will invest in transitional housing and shelter beds. One Year Goals for the Number of Households to be Supported Homeless 15 Non-Homeless 80 Special-Needs 0 Tota 1 95 Table 10-One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 54 The Production of New Units 0 Rehab of Existing Units 80 Acquisition of Existing Units 0 Total 134 Table 11-One Year Goals for Affordable Housing by Support Type Discussion Rental assistance is provided through the Multi-service Center Housing Stability Program and the Refugee Women's Alliance Emergency Assistance and Case Management Program. The City of Kent also provides minor and major home repairs on homes owned by low/moderate-income Kent homeowners. (Due to increased costs for construction and home repair materials,the City is increasing the maximum amount of home repair grants per household to$7,500 (the former maximum was$5,000). Note: REWA provides both rental and utility assistance; however it cannot be determined at this point which type of assistance will be provided.) Goals for the homeless include transitional housing through YWCA-Anita Vista and shelter through Catholic Community Services-Katherine's House. 27 Annual Action Plan 2014 OMB Control No:2506-0117(exp.07/31/2015) Page 42 AP-60 Public Housing— 91.220(h) Introduction Public Housing residents have access to activities funded by the City;the City does not plan special activities for this population. Actions planned during the next year to address the needs to public housing All actions planned during 2014 address the needs of PH residents.The Senior Nutrition and Wellness Program is held at Birch Creek Apartments, a PH facility. Actions to encourage public housing residents to become more involved in management and participate in homeownership The City does not plan actions to encourage PH residents to become more involved in management and participate in homeownership; however,the Kent Cultural Diversity Initiative Group,which is staffed by the City, periodically hosts speakers from organizations like Habitat for Humanity of Seattle/King County and the King County Bar Association. These organizations notify housing and providers that work with low/moderate-income clients about housing opportunities and how to advocate for housing rights. If the PHA is designated as troubled,describe the manner in which financial assistance will be provided or other assistance N/A. Discussion N/A. 28 Annual Action Plan 2014 OMB Control No:2506-0117(exp.07/31/201S1 ',, Page 43 AP-65 Homeless and Other Special Needs Activities —91.220(i) Introduction The City will use several mechanisms to assist its residents who face homelessness and have other special needs. • Allocation Of resources to help Kent residents remain in their homes by providing home repair assistance; a great majority of these residents are seniors • Allocation Of resources for nursing services to the homeless who reside in transitional housing • Allocation of resources to provide culturally-specific food bags in accessible locations • Allocation of resources to provide overnight shelter to women in recovery and transitional housing for domestic violence survivors and their children • Allocation of resources to provide emergency assistance and case management to refugees and immigrants • Allocation of resources to provide congregate meals to refugee seniors Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons(especially unsheltered persons)and assessing their individual needs The HealthPoint Healthcare forthe Homeless Project has an outreach component to ensure that the homeless are aware of healthcare services.The City also funds outreach to the homeless through a General Fund-supported project. Addressing the emergency shelter and transitional housing needs of homeless persons The Cityfunds the YWCA-Anita Vista Transitional Housing Program for homeless DV victims and CCS's Katherine's House Program is a transitional shelter for homeless women.The City also funds a housing continuum through the General Fund to meet the range of housing needs to prevent homelessness or transition someone into housing from homelessness. Helping homeless persons (especially chronically homeless individuals and families,families with children,veterans and their families,and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness,facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again 29 Annual Action Plan 2014 OMB Control No:2506-0117(exp.07/31/2015) Page 44 The transitional housing programs supported by the City assist families and individuals in shelter or transitioning from the streets into housing.The REWA Emergency Management and Case Management Program help families manage resources and prevent them from becoming homeless. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health,social services, employment, education, or youth needs. Multi-Service Center assists individuals and families with these issues. In addition,the city has an information and resource specialist who assists and counsels families who are released from the correctional facility and healthcare facilities. Discussion One year goals for the number of households to be provided housing through the use of HOPWA for: Short-term rent, mortgage,and utility assistance to prevent homelessness of the individual or family Tenant-based rental assistance Units provided in housing facilities (transitional or permanent)that are being developed, leased, or operated Units provided in transitional short-term housing facilities developed, leased, or operated with HOPWA funds Total 30 Annual Action Plan 2014 OMB Control No:2506-0117(exp.07/31/2015) ii Page 45 AP-75 Barriers to affordable housing — 91.220(j) Introduction A great deal of staff time is used to educate and familiarize the community and policymakers about the evolving definition of"affordable housing". Although a large percentage of affordable housing located in the City is well-maintained,some of the stock is deteriorating and contributes to the perception that affordable housing is an eyesore in the community. This is a barrierto adding additional stock, and a priority is to upgrade stock when needed and encourage responsible ownership. Other barriers will be addressed as staff exposes the community to good affordable housing models through housing tours and question and answer sessions. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls,tax policies affecting land, zoning ordinances, building codes,fees and charges,growth limitations, and policies affecting the return on residential investment The City works with the Economic and Community Development Department on these issues; however, no specific actions are planned for 2014. Discussion i 31 Annual Action Plan 2014 0M0 Control No:2506-0117(exp.07/31/2015) Page 46 AP-85 Other Actions — 91.220(k) Introduction The City of Kent will enhance coordination by continuing to work with racial and ethnic minority providers to develop strategies that will allow them to co-locate in a central location making access for clients easier. The City of Kent will continue workto reduce the number of families in poverty through micro- enterprise training, maintaining relationships with local training schools,encouraging business to hire low-income residents,encouraging and supporting collaboration between employment specialists and outreach to increase opportunities for low-income residents to obtain livable wagejobs. In 2013,the City through the Kent Cultural Diversity Initiative Group, provided funding and supported a Refugee Employment Summit to increase jobs and connections between refugee leaders,employers and employment specialists. The City of Kent is committed to maintaining the affordable housing stock in our community. Using CDBG funds for the Home Repair Program allows home owners to maintain their homes and preserve the housing stock. Actions planned to address obstacles to meeting underserved needs The City is actively engaged with refugee and immigrant communities through the Kent Cultural Diversity Initiative Group. Additional time will be devoted to meeting with providers and representatives who specialize in serving these communities to help them develop an action plan to open a multicultural space that will include room to co-locate Ethnic-based Community Organizations (EBCOs). Actions planned to foster and maintain affordable housing The City will continue its long-term collaboration and participation on Boards,committees,funding review teams,etc.to foster and maintain affordable housing forthe South County Region.Through sub- regional efforts, elected officials and Land Use and Planning Board members will be educated about the need for and importance of affordable housing for the long term viability of the community. Actions planned to reduce lead-based paint hazards No actions are planned. Actions planned to reduce the number of poverty-level families Actions to reduce the number of poverty level families includes funding micro-enterprise training, 32 Annual Action Plan 2014 OMB Control No:2506-0117(exp.07/31/2015) Page 47 maintaining relationships with local training schools, encouraging business to hire low-income residents and outreach increase opportunities for low-income residents to obtain livable wage jobs. Actions planned to develop institutional structure No actions are planned. Actions planned to enhance coordination between public and private housing and social service agencies The City has been instrumental in developing relationships between these entities and will continue to foster and participate in these collaborations, including the Homeless Forum, a monthly meeting of housing and support service providers,South King Council of Human Services,South King County Housing Development Group, and the King County Housing Development Consortium. Discussion I I I 33 Annual Action Plan 2014 OMB Control No:2506-0117(exp.07/31/2015) Page 48 Program Specific Requirements AP-90 Program Specific Requirements—91.220(1)(1,2,4) Introduction Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(1)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table.The following identifies program income that is available for use that is included in projects to be carried out. 1.The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2.The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3.The amount of surplus funds from urban renewal settlements 0 4.The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5.The amount of income from float-funded activities 0 Total Program Income: 0 Other CDBG Requirements 1.The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit-A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% 34 Annual Action Plan 2014 OMB Control No:2506-0117(exp.07/31/2015) Page 49 Discussion The City will use all of its funds to benefit persons of low/moderate-income. I 35 Annual Action Plan 2014 OMB Control No:2506-01171exp.07131/2015) Page 50 APPLICATION FOR OMB Approval No.0348-0043 FEDERAL ASSISTANCE 2. DATES B MITTED Applicant Identifier October 8, 2013 DUNS #: 02-025-3613 1.TYPE OF SUBMISSION: 3.DATE RECEIVED BY STATE State Application Identifier A plication Preapplication Construction ❑Construction 4,DATE RECEIVED BY FEDERAL AGENCY Federal Identifier 0 Non-Construction ❑Non-Construction 5.APPLICANT INFORMATION '.. Legal Name: Organizational Unit: City of Kent Parks, Recreation &Community Services Address(give city,county,State,and zip code): Name and telephone number of person to be contacted on matters involvin 220 4th Ave. S this application(give area code) Kent, WA 98032 Katherin Johnson, 253-856-5073 6. EMPLOYER IDENTIFICATION NUMBER(EIN): 7.TYPE OF APPLICANT:(enter appropriate letter in box) MP� II 'OY�1 - nnn1 T2 5 4 A.State H.Independent School Dist, 8.TYPE OF APPLICATION: B.County I.State Controlled Institution of Higher Learning ❑ New Z Continuation ❑ Revision C. Municipal J. Private University D.Township K.Indian Tribe If Revision,enter appropriate letters)in box(es) F-1 ❑ E.Interstate L.Individual F. Intermunicipal M.Profit Organization A. Increase Award B.Decrease Award C.Increase Duration G.Special District N.Other(Specify) D.Decrease Duration Olher(specify).' 9.NAME OF FEDERAL AGENCY: Department of Housing and Urban Development(HUD) 10.CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11.DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: �1 ®--n[1 1-8 1 CDBG Entitlement Grant TITLE: CDBG Entitlement Grant 12.AREAS AFFECTED BY PROJECT(Cities,Counties,States, etc.): City of Kent, King County, Washington State 13,PROPOSED PROJECT 14.CONGRESSIONAL DISTRICTS OF: Start Date Ending Data a.Applicant b.Project 1/1I14 12/31/14 8th Congressional Disti9th Congressional Dist. Same 15. ESTIMATED FUNDING: 16.IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a.Federal 5 oo 914,499 a.YES. THIS PREAPPLICATIONIAPPLICATION WAS MADE b.Applicant AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: '.. c.State S m DATE d. Local S ae ',.... b.No. ® PROGRAM IS NOT COVERED BY E.O.12372 e.Other S 00 - ❑OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW f. Program Income $ °Q 17.IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? TOTAL $ 00 g 914,499 ❑Yes If"Yes,"attach an explanation. ✓❑ No 18.TO THE BEST OF MY KNOWLEDGE AND BELIEF,ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT,THE DOCUMENT HAS BEEN DULYAUTHORIZED BYTHE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE '.. ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a.Typo Name of Authorized Representative b.Title a Telephone Number Suzette Cooke Mayor (253)856-5700 d.Signature of Authorized Representative e.Date Signed Previous Edition Usable Standard Form 424(Rev.7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 Page 51 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director ® Phone: 253-856-5100 T Fax: 253-856-6050 WASH HG70N '.. Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 October 17, 2013 TO: Kent City Council Parks and Human Services Committee FROM: Ronda Billerbeck, Cultural Programs Manager THROUGH: Jeff Watling, Director of Parks, Recreation and Community Services SUBJECT: 2013 Western States Arts Federation Grant — Accept MOTION: Move to recommend accepting 2013 Western States Arts Federation grant in the amount of $2,500.00 and approving the expenditure of funds in the Kent Arts Commission's budget. SUMMARY: Western States Arts Federation (WESTAF) has awarded the Kent Arts Commission a IM (Independent Music) Tour Grant for $2,500. In 2013, Kent Arts Commission used the funding to support the presentation of The Changing Colors (an acoustic music duo) as part of the Kent Summer Concert Series, The group also led an educational outreach activity at Kent Parks' summer day camp program. EXHIBITS: WESTAF Grant Contract BUDGET IMPACT: Kent Arts Commission Budget i Page 52 NIII 2012-2013 IMTour Grant Contract / G�/�aGl/2GC Contract Date: January 7, 2013 / Presenter: City of Kent Arts Commision IMTour Award Amount: $2,500 Artistic Fees: $3,000 IMTour App ID: IMTP0015 CFDA number: 45.025 City of Kent Arts Commision FEIN #: 91-6001254 The Western States Arts Federation(WESTAF) shall assign the grant award amount to City of Kent Arts Commision following the return of a signed copy of this contract within 30 days of the contract date. Failure to return a signed copy of this contract In accordance with the schedule outlined shall result In the forfeiture of the grant award. IMTour is made possible through support from the National Endowment for the Arts, the Western States Arts Federation (WESTAF), and its participating state arts agencies. Support through IMTour is contingent on available funds. Project Description-the presenting organization is granted the above award amount for the following project:. Project Summary: One Concert for general public and an educational outreach activity with the artist. Artist(s)/Company: Changing Colors Engagement Date: August 13, 2013 OV Al _3tksl- Number of Public Performances: 1 J Number of Outreach Activities: 1 All IMTour supported engagements must include at least one (1) public performance and one 1) outreach activity with an educational component. A public performance is defined as a full-length performance for which promotion and marketing to the general public have been provided and the audience for which is a cross-section of the community (e.g. not primarily school-aged children during regular school hours). Examples of qualifying outreach activities are lecture-demonstrations, master classes, In-school educational activities involving students with the artist, etc. The following Items are not considered to be qualifying outreach activities: 1) a performance for students that does not include an educational component about the art form; 2) a guest artist's residency at an institution of higher education; 3) activities at an institution of higher education for which the majority of the audience are students and/or faculty; 4) tickets to the public performance offered on a complimentary basis; and 5) a lecture or demonstration that directly precedes or follows the public performance. Contracting with WESTAF - due date: February 5, 2013 Please note, this award Is contingent upon the return of a signed copy of the enclosed IMTour grant contract within 30 days of receipt of this award letter. This is the grant Page 54 contract between City of Kent Arts Commislon and WESTAF. Failure to return the grant contract in accordance with this schedule could result In the forfeiture of the grant award. Contracting with the artist - due date: September 3, 2013 If the final artist's letter of agreement/contract was not Included with the proposed IMTour application, this grant award will not become official until the grantee sends the fully executed, co-signed contract between City of Kent Arts Commislon and the artlst(s), Changing Colors. We must receive the contract no later than three weeks after the performance. Payment to the Grantee (Presenting Organization): WESTAF shall pay the grantee $2,500 upon: ® The satisfactory performance of the services described In the project description above ® Project and grantee compliance with established program rules and requirements per the IMTour grant guidelines. Submission of a copy of the final artist's letter of agreement/contract including the artistic fee ® The award amount must be matched 1 to 1 with Cash Income and/or In-Kind. o WESTAF could adjust the grant award amount accordingly if there is not enough of a match. o Timely return of a completed 2012-2013 IMTour final report and project description online at tt s: /amo caweb org/active proorams.php within 60 days following the engagement. ® Final Report Due: October 14, 2013 e Final report has been approved by WESTAF and the funds have been received by WESTAF from the NEA. s Funder crediting must be Included in the grantee's current season brochure, the performance program and any other promotional materials. Copies of these materials must be sent in with the final report. Grantees must clearly acknowledge support from the National Endowment for the Arts, WESTAF, and their States Arts Agency in their programs and related promotional materials. s Final report support materials, such as season brochures and performance programs, may be submitted online or sent to WESTAF at: 1743 Wazee Street, Suite 300, Denver, CO 80202, Support materials that are mailed to WESTAF must be received within 30 days of the submission of the online final grant report form. Payment to the Artist: The above artistic fees shall be paid directly to the artist/company (or designated representative) by the presenter as per the artist-presenter contract. Change Requests: If any dates, fees, and/or activities change at any time from those listed above, the presenter must notify WESTAF in writing via email to daniel.aid@westaf.org within 30 days Page 55 I'I of the change and provide an updated artistic contract. NOTE: Changes in plans may affect award amounts and must meet the goals and review criteria of the IMTour program. Failure to meet these requirements will result in the forfeiture of the grant award. Required Credit: Grantees must clearly acknowledge support from the National Endowment for the Arts, WESTAF, and their state arts agency in the programs and related promotional materials. Acknowledgement should be given in text and graphically by using the NEA and WESTAF logos. Copies of the WESTAF, IMTour, and NEA logos may be found at: tt : www westaf org/resources/locos & http //www arts aov/manageaward/locos/index html Alternately, copies of these logos may be requested via email by calling 303.629.1166, Acknowledgment of the National Endowment,for the Arts, WESTAF and the grantee's state arts agency can be phrased In a variety of ways: For example: Funding for the Commission and its programs is provided by the Western States Arts Federation and the National Endowment for the Arts. This project received support from [Grantee's State Arts Agency]; WESTAF, the Western States Arts Federation; and the National Endowment for the Arts. Compliance: All Information and conditions contained in the 2011-2012 IMTour guidelines are Incorporated herein. By signing this contract, the presenter agrees to comply with Title VI of the Civil Rights Act of 1964, as amended (42 U.S,C. 2000d et seq.); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and the Americans with Disabilities Act of 1990 ("ADA'� (42 U.S.C. 12101-12213); the Age Discrimination Act of 1975 (42 U.S.C. 6101 et sec.); Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); and The Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq. And 45 C.F.R. pt. 1154); as well as all regulations of the National Endowment for the Arts issued pursuant to these statutes; and the applicant hereby gives assurance to immediately take any measures necessary to comply. Compliance is mandatory with all requirements, paperwork, and related timelines as described herein; failure to do so may jeopardize current and/or future funding from WESTAF. We the undersigned understand and will comply with the terms of this contract. City of Kent Arts Commislon WESTAF (Western States Arts Federation) 220 4th Avenue South 5 1743 Wazee Street, Suite 300 Kent, WA 98032 Denver, CO 80202 Grantee (Presenter)/Address WESTAF/Address: please write in any corrections above Page 56 Authorized Signature for Presenter/Date Authorized Signature for WESTAF/Date Bryce Merrill/Senior Associate Director Arl,tame/Title Print Name/Title Phone: 303.629.1166 * Fax: 303.629,9717 t � i t r, V �VY1S. NLaYI� eJ• .(�lI�l C`, I Email: bryce.merrill@westaf.org Phone/Fax/Email � �J,-[J '�� JLa {��'F Phone/Fax/E-mail Tax ID Number / ^ C) 2 Please return the signed contract within 30 days to: WESTAF, 1743 Wazee St, Suite 300, Denver, CO 80202 Attn: IMTour Phone: 303.629.1166 * Fax: 303.629,9717 * E-mail: bryce.merriil@westaf.org Page 57 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 440 ® Fax: 253-856-6050 WASHINGTON Address: 220 Fourth Avenue S. III Kent, WA. 98032-5895 October 17, 2013 TO: Kent City Council Parks and Human Services Committee FROM: Hope Gibson, Parks Planning and Development Manager THROUGH: Jeff Watling, Director Parks, Recreation and Community Services SUBJECT: Recreation and Conservation Office Grant Agreement - Authorize MOTION: Move to recommend accepting the reimbursement funds from the Recreation and Conservation Office for an amount not to exceed $834,725.00, and authorizing the Mayor to sign all necessary documents, subject to terms and conditions acceptable to the City Attorney and Pari's Director. SUMMARY: In 2010, the city purchased approximately 32 acres at the north end of the city known as the Huse property. The purchase price was $1,500,000. Staff received a $650,000 grant from King County Conservation Futures toward the purchase. Staff also applied for a reimbursement grant through the Washington State Recreation and Conservation Office, and were awarded $834,725.00. The grant will pay for half of the purchase price and all qualifying "soft costs" associated with the purchase of the property. EXHIBITS: Recreation and Conservation Office WWRP Project Agreement BUDGET IMPACTS: The funds will reimburse the Park Land Acquisition Budget. Page 58 Page 59 WASHINGTONSTATE Recreation and Conservation Office WWRP Project Agreement Outdoor Recreation Account Project Sponsor: Kent Parks, Recreation&Community Services Project Number:12-1525A Project This: Huse/Soos Creek Property Acquisition Approval Date:7/1/2013 A. PARTIES OF THE AGREEMENT This project grant Agreement(Agreement)is entered into between the State of Washington by and through the Recreation and Conservation Funding Board(RCFB)and the Recreation and Conservation Office,P.O.Box 40917, Olympia,Washington 98504-0917 and City of Kent by and through the Kent Parks, Rec&Comm Sery(sponsor),220 4th Ave S, Kent,WA 98032-5895 and shall be binding on the agents and all persons acting by or through the parties. B. PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the Outdoor Recreation Account of the State of Washington. The grant is administered by the Recreation and Conservation Office(RCO)to the sponsor for the project named above. C. DESCRIPTION OF PROJECT The City of Kent will use this grant to acquire two parcels of land totaling 33.7 acres next to Soos Creek to serve as a trailhead to the regional Soos Creek trail and serve as a passive community park for residents in the Panther Lake area of Kent.The property is located within the City limits,in the newly annexed area of Panther Lake.By acquiring the property,the City will be able to provide community park elements to an underserved area within the city while providing additional connectivity by enhancing access to the Soos Creek trail.The primary recreation provided by this project will be for passive recreation and regional trail access. D. PERIOD OF PERFORMANCE The project reimbursement period shall begin on September 6,2013 and end on December 31,2014. No expenditure made before or after this period is eligible for reimbursement unless incorporated by written amendment into this Agreement or specifically provided for by RCFB and/or SRFB policy or WAC. Requests for time extensions are to be made at least 60 days before the Agreement end date. If the request is made after the Agreement end date,the time extension may be denied. The sponsor has obligations beyond this period of performance as described in Section E. E. ON-GOING OBLIGATION For acquisition projects the project sponsor's on-going obligations shall be in perpetuity and shall survive the completion/termination of this project Agreement unless otherwise identified in the Agreement or as approved by the funding board.It is the intent of the funding board's conversion policy(see section 23)that all lands acquired with funding assistance remain in the public domain in perpetuity. F. PROJECT FUNDING The total grant award provided by the funding board for this project shall not exceed$834,725.00. The funding board shall not pay any amount beyond that approved for grant funding of the project and within the funding board's percentage as identified below. The sponsor shall be responsible for all total project costs that exceed this amount. The contribution by the sponsor toward work on this project at a minimum shall be as indicated below: Percentage DollarAmount RCFB-WWRP-Local Parks 50.00% $834,725.00 Project Sponsor 50.00% $834,725.00 Total Project Cost 100.00% $1,669,450.00 WWRP Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 1 of 16 PROJAGR.RPT Page 60 G. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments,as now existing or hereafter amended,including the sponsor's application,eligible scope activities,project milestones,and the Standard Terms and Conditions ofthe project Agreement,all ofwhich are incorporated herein. I Except as provided herein,no amendment/deletions of any of the terms or conditions of this Agreement will be effective unless provided in writing. All such amendmenUdeletions must be signed by both parties except the RCO director may unilaterally make amendments to extend the period of performance. Period of performance extensions need only be signed by RCO's director or designee. H. COMPLIANCE WITH APPLICABLE STATUTES,RULES,AND RCFB-SRFB POLICIES This agreement is governed by,and the sponsor shall comply with,all applicable state and federal laws and regulations,including Chapter 79A.15 RCW,Chapter 286 WAC,and published agency policies,which are incorporated herein by this reference as if fully set forth. I. SPECIAL CONDITIONS None J. FEDERAL FUND INFORMATION (none) K. PROJECT GRANTAGREEMENT REPRESENTATIVE All written communications and notices under this Agreement will be addressed and sent to at least the mail address or the email address listed below if not both: Project Contact RCFB Name: Brian Levenhagen Recreation and Conservation Office Title: Assistant Park Planner Natural Resources Building Address: 220 4th Ave S PO Box 40917 Kent,WA 98032 Olympia,Washington 98504-0917 Email: bjlevenhagen@ci.kent.wa.us These addresses shall be effective until receipt by one party from the other of a written notice of any change. L. ENTIREAGREEMENT This Agreement,with all amendments and attachments,constitutes the entire Agreement of the parties. No other understandings,oral or otherwise,regarding this Agreement shall exist or bind any of the parties. M. EFFECTIVE DATE This Agreement,for project 12-1525A,shall be subject to the written approval of the RCO's authorized representative and shall not be effective and binding until executed by both the Sponsor and the RCO. Reimbursements for eligible and allowable casts incurred within the period of performance identified in Section D above are allowed only when this Agreement is fully executed and an original is received by RCO. VAN RP Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter 79A,15 RCW,Chapter 286 WAC Page 2 of 16 PROJAGR.RPT Page 61 The sponsods has read,fully understands,and agrees to be bound by all terms and conditions as set forth in this Agreement.The signators listed below represent and warrant their authority to bind the parties to this Agreement. Kent Parks,Rec&Comm Sew By: Date' Name: (printed) Title: State of Washington On behalf of the Recreation and Conservation Funding Board(RCFB) By: Date, Kaleen Cottingham Director Pre-approved as to form: By: /a/ Date: June 7,2013 Assistant Attorney General - WWRP Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter 79A.15 RCW, Chapter 286 WAC Page 3 of 16 PROJAGR.RPT Page 62 Standard Terms and Conditions of the Project Agreement Table of Contents Page SECTION 1. CITATIONS,HEADINGS AND DEFINITIONS............................................................ 6 li SECTION 2. PERFORMANCE BY THE SPONSOR..................................................................... 7 SECTION3. ASSIGNMENT........................................................................................I........... 7 SECTION 4. RESPONSIBILITY FOR PROJECT.........................................................I............... 7 SECTION5. INDEMNIFICATION............................................................................................. 7 SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR....................................................... 7 SECTION 7. CONFLICT OF INTEREST.................................................................................... 8 ''�. SECTION 8. ACKNOWLEDGMENT AND SIGNS........................................................................ 8 SECTION 9. COMPLIANCE WITH APPLICABLE LAW.,.......................... .................I................ 8 SECTION 10. HAZARDOUS SUBSTANCES.............................. ............................. ........... 9 SECTION11. RECORDS......................................................................................................... 9 SECTION 12. TREATMENT OF ASSETS.................................................................................... 9 SECTION 13. RIGHT OF INSPECTION...............................................................................I....... 10 SECTION 14. STEWARDSHIP AND MONITORING...................................................................... 10 SECTION 15. DEBARMENT CERTIFICATION.......................................................................I..... 10 III SECTION 16. PROJECT FUNDING.............................................................................I............. 10 SECTION 17. PROJECT REIMBURSEMENTS........................................................I................... 10 'I SECTION 18. ADVANCE PAYMENTS.......................................................... ............................ 11 SECTION 19. RECOVERY OF PAYMENTS................................................................................ 11 i SECTION 20. CONVENANT AGAINST CONTINGENT FEES...............................................I......... 11 I SECTION 21. PROVISIONS APPLYING TO DEVELOPMENT,RENOVATION AND RESTORATIONPROJECTS.....................................................................I............ 11 SECTION 22. PROVISIONS APPLYING TO ACQUISITION PROJECTS.......................................... 11 SECTION 23. RESTRICTION ON CONVERSION OF REAL PROPERTY AND/OR FACILITIES TO OTHER USES.......................................................I......... 12 SECTION 24. CONSTRUCTION,OPERATION,USE AND MAINTENANCE OFASSISTED PROJECTS...................................................................I.............. 12 SECTION 26. INCOME AND INCOME USE..... .......................................I.................................. 13 SECTION 26. PREFERENCES FOR RESIDENTS....................................................................... 13 VWdRP Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter 79A.15 RCW, Chapter 286 WAC Page 4 of 19 PROJAGR.RPT Page 63 PROVISIONS RELATED TO CORPORATE INCLUDING NONPROFIT SECTION27. ( 1 SPONSORS...................................................................................................... 13 SECTION 28. LIABILITY INSURANCE REQURRMENTS FOR FIREARMS AND ARCHERY RANGE SPONSORS................................................................... 13 SECTION 29. REQUIREMENTS OF THE NATIONAL PARK SERVICE.,........................................... 14 SECTION 30. FARMLAND PRESERVATION ACCOUNT............................................................. 14 SECTION 31. ORDER OF PRECEDENCE................................................................................. 14 !, SECTION 32. AMENDMENTS...................................................................I............................. 14 SECTION 33. LIMITATION OF AUTHORITY.............................................................................. 14 SECTION 34. WAIVER OF DEFAULT....................................................................................... 14 SECTION 35. APPLICATION REPRESENTATIONS-MISREPRESENTATIONS ICI OR INACCURACY OR BREACH................................. ...... ........................I.. SECTION 36. SPECIFIC PERFORMANCE................................................................................ 15 SECTION37. TERMINATION................................................................................................. 15 SECTION 38. DISPUTE HEARING.......................................................................................... 15 SECTION 39. ATTORNEYS'FEES.......................................................................................... 15 SECTION 40. GOVERNING LAWfVENUE........................................................I.....................— 16 SECTION 41. SEVERABILITY................................................................................................ 16 WWRP Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 5 of 16 PROJAGR.RPT Page 64 y " WASHINGTON STATE Recreation and Conservation Office Standard Terms and Conditions of the Project Agreement Project Sponsor: Kent Parks, Recreation&Community Services Project Number: 12-1525A Project Title: Huse/Soos Greek Property Acquisition Approval Date:7/1/2013 SECTION 1. CITATIONS,HEADINGS AND DEFINITIONS A. Any citations referencing specific documents refer to the current version at the date of project Agreement and/or any revisions in the future. B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. C. Definitions.As used throughout this Agreement,the following terms shall have the meaning set forth below; acquisition-The purchase of fee or less than fee interests in real property. These interests include, but are not limited to, conservation easements,access/trail easements,covenants,water rights,leases,and mineral rights. Agreement-The accord accepted by all parties to the present transaction;this Agreement,any supplemental Agreements,any amendments to this Agreement and any intergovernmental Agreements. applicant-Any agency or organization that meets the qualifying standards,including deadlines,for submission of an application soliciting a grant of funds from the funding Board. application-The documents and other materials that an applicant submits to the RCO to support the applicant's request for grant funds;this includes materials required for the"Application"in the RCO's automated project information system,and other documents as noted on the application checklist including but not limited to legal opinions,maps,plans,evaluation presentations and scripts. asset-Equipment purchased by the sponsor or acquired or transferred to the sponsor for the purpose of this Agreement.This definition is restricted to non-fixed assets, including but not limited to vehicles,computers or machinery. cognizant or oversight agency-Federal agency responsible for ensuring compliance with federal audit requirements. contractor-Shall mean one not in the employment of the sponsor who is performing all or part of the eligible activities for this project under a separate Agreement with the sponsor.The term"contractor"and"contractors"means contractor(s)in any tier. development-The construction of or work resulting in new elements,including but not limited to structures,facilities,and/or materials to enhance outdoor recreation,salmon recovery or habitat conservation resources. director-The chief executive officer of the Recreation and Conservation Office or that person's designee. elements,items and worktypes-Components of the funded project as provided in the project description. funding board-The board that authorized the funds in this Agreement,either the Recreation and Conservation Funding Board (RCFB)created under chapter 79A.25.110 RCW,or the Salmon Recovery Funding Board(SRFB)created under chapter 77.85.110 RCW. grantee-The organizational entity or individual to which a grant(or cooperative agreement)is awarded and signatory to the Agreement which is responsible and accountable both for the use of the funds provided and for the performance of the grant-supported project or activities. landowner agreement-A landowner agreement is required between a SRFB and/or RTP project sponsor and landowner for projects located on land not owned,or otherwise controlled,by the sponsor. lower tier participant-refers to any sponsor receiving a federal grant through RCO. Lower tier participants also refer to any grantee,subgrantee,or contractor of any grantee or subgrantee from the original sponsor funded by RCO. milestone-An important event with a defined deadline for an activity related to implementation of a funded project. period of performance-The time period specified in the Agreement,under Section D,period of performance. project-The undertaking that is the subject of this Agreement and that is,or may be,funded in whole or in part with funds administered by RCO on behalf of the funding board. RCO-Recreation and Conservation Office-The state office that provides administrative support to the Recreation and Conservation Funding Board and Salmon Recovery Funding Board.RCO includes the director and staff,created by Chapters 79A.25.110 and 79A.25.150 RCW and charged with administering this Agreement by Chapters 77.85.110 and 79A.25.240 RCW. reimbursement-Payment of eligible and allowable costs that have already been paid by the sponsor per the terms of the Agreement. renovation- The activities intended to improve an existing site or structure in order to Increase its service life or functions.This does not include maintenance activities. restoration-Bringing a site back to its original function as part of a natural ecosystem or improving the ecological functionality of a site. RTP-Recreational Trails Program-Afederal grant program administered by RCO that allows for the development and maintenance of backcountry trails. secondary sponsor-one of two or more eligible organizations that sponsors a grant-funded project.Of these two sponsors, only one-the primary sponsor-may be the fiscal agent. sponsor-The eligible applicant who has been awarded a grant of funds and is bound by this executed Agreement;includes its officers,employees,agents and successors. subgrantee-The government or other legal entity to which a subgrant is awarded and which is accountable to the grantee for the use of the funds provided. 1, WWRP Project Agreement-RCO#1 2-1525A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAG Page 6of 16 PROJAGR.RPT Page 65 i I SECTION 2. PERFORMANCE BY THE SPONSOR The sponsor,and secondary sponsor where applicable,shall undertake the project as described in this Agreement,post evaluation summary,the sponsor's application,and in accordance with the sponsor's proposed goals and objectives described in the application or documents submitted with the application,all as finally approved by the funding board.All submitted documents are incorporated by this reference as if fully set forth herein.The Order of Precedence is covered in Section 31. III. Timely completion of the project and submission of required documents,including progress and final reports,is important.Failure to meet critical milestones or complete the project,as set out in this Agreement,is a material breach of the Agreement. '... SECTION 3. ASSIGNMENT Neither this Agreement,nor any claim arising under this Agreement,shall be transferred or assigned by the sponsor without prior written consent of the Recreation and Conservation Office. - I SECTION 4. RESPONSIBILITY FOR PROJECT I While the funding board undertakes to assist the sponsor with the project by providing a grant pursuant to this Agreement,the project itself remains the sole responsibility of the sponsor.The funding board undertakes no responsibilities to the sponsor,a secondary sponsor,or to any third party, other than as is expressly set out in this Agreement.The responsibility for the implementation of the project is solely that of the sponsor,as is the responsibility for any claim or suit of any nature by any third party related in any way to the project. When a project is sponsored by more than one entity,any and all sponsors are equally responsible for the project and all post-completion stewardship responsibilities. SECTION S. INDEMNIFICATION The sponsor shall defend,indemnify,and hold the State and its officers and employees harmless from all claims,demands,or suits at law or equity arising in whole or in part from the actual or alleged acts,errors,omissions or negligence of,or the breach of any obligation under this Agreement by,the sponsor or the sponsor's agents,employees,subcontractors or vendors,of any tier,or any other persons for whom the sponsor may be legally liable. Provided that nothing herein shall require a sponsor to defend or indemnify the State against and hold harmless the State from claims,demands or suits based solely upon the negligence of,or breach of any obligation under this Agreement by the State,its agents,officers,employees,subcontractors or vendors,of any tier,or any other persons for whom the State may be legally liable. Provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the sponsor or the sponsor's agents,employees,subcontractors or vendors,of any tier,or any other persons for whom the Sponsor is legally liable, and(b)the '.. State its agents,officers,employees,subcontractors and or vendors,of any tier,or any other persons for whom the Slate may be legally liable,the indemnity obligation shall be valid and enforceable only to the extent of the sponsor's negligence or the negligence of the sponsor's agents,employees,subcontractors or vendors,of any tier,or any other persons for whom the sponsor may be legally liable. This provision shall be included in any Agreement between sponsor and any subcontractor and vendor,of any tier. The sponsor shall also defend,indemnify,and hold the State and its officers and employees harmless from all claims,demands,or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information,know-how,copyright rights or inventions by the sponsor or the sponsor's agents,employees,subcontractors or vendors,of any tier,or any other persons for whom the sponsor may be legally liable, in performance of the Work under this Agreement or arising out of any use in connection with the Agreement of methods,processes, designs,information or other items furnished or communicated to Slate,its agents,officers and employees pursuant to the Agreement;provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,patents,proprietary information,know-how,copyright rights or inventions resulting from State's, its agents',officers'and employees'failure to comply with specific written instructions regarding use provided to State,its agents, officers and employees by the sponsor,its agents,employees,subcontractors or vendors,of any tier,or any other persons for whom the sponsor may be legally liable. The sponsor specifically assumes potential liability for actions brought by the sponsor's own employees or its agents against the State and,solely for the purpose of this indemnification and defense,the sponsor specifically waives any immunity under the state industrial insurance law,Title 51 RCW. The RCO is included within the term State,as are all other agencies,departments,boards,or other entities of state government. SECTIONS. INDEPENDENT CAPACITY OF THE SPONSOR The sponsor and its employees or agents performing under this Agreement are not officers,employees or agents of the funding board or RCO.The sponsor will not hold itself out as nor claim to be an officer,employee or agent of RCO,a funding board or of the state of Washington,nor will the sponsor make any claim of right, privilege or benefit which would accrue to an employee under Chapters - 41.06 or 28B RCW. The sponsor is responsible for withholding and/or paying employment taxes,insurance, or deductions of any kind required by federal, WW RP Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 7 of 16 PROJAGR.RPT Page 66 state,and/or local laws. SECTION7. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may,in its sole discretion,by written notice to the sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in Public Service Act,Chapter 42.52 RCW;or any similar statute involving the sponsor in the procurement of,or performance under,this Agreement. In the event this Agreement is terminated as provided above, RCO shall be entitled to pursue the same remedies against the sponsor as it could pursue in the event of a breach of the Agreement by the sponsor.The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. SECTION& ACKNOWLEDGMENT AND SIGNS A. Publications.The sponsor shall include language which acknowledges the funding contribution of the applicable grant program to this project in any release or other publication developed or modified for,or referring to,the project during the project period and in the future. B. Signs.The sponsor also shall post signs or other appropriate media during the project period and in the future at project entrances and other locations on the project which acknowledge the applicable grant program's funding contribution,unless exempted in funding board policy or waived by the director. C. Ceremonies.The sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project.The sponsor shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies. D. Federally Funded Projects.When issuing statements,press releases,requests for proposals,bid solicitations,and other documents describing a project funded in whole or in part with federal money provided for in this grant,sponsors shall clearly state: 1. The percentage of the total costs of the project that is financed with federal money; 2. The dollar amount of federal funds for the project;and 3. The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources. SECTION 9. COMPLIANCE WITH APPLICABLE LAW The sponsor will implement the Agreement in accordance with applicable federal,state,and local laws,regulations and RCO and funding board policies regardless of whether the sponsor is a public or non-public organization. The sponsor shall comply with,and RCO is not responsible for determining compliance with,any and all applicable federal,state,and local laws,regulations,and/or policies,including,but not limited to:State Environmental Policy Act;Industrial Insurance Coverage; Architectural Barriers Act;permits(shoreline,Hydraulics Project Approval,demolition);land use regulations(critical areas ordinances, Growth Management Act);federal and state safety and health regulations(Occupational Safety and Health Administration/Washington Industrial Safety and Health Act);and Buy American Act. Endangered Species For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the sponsor shall not commence with clearing of npanan trees or in-water work unless either the sponsor has complied with 50 CFR 223.203(b)(8),limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration.Violation of this requirement maybe grounds for terminating this project Agreement. This section shall not be the basis for any enforcement responsibility by RCO. Nondiscrimination Laws The sponsor shall comply with all applicable federal,slate,and local nondiscrimination laws and/or policies,including but not limited to:the Americans with Disabilities Act;Civil Rights Act;and the Age Discrimination Act.In the event of the sponsor's noncompliance or refusal to comply with any nondiscrimination law or policy,the Agreement may be rescinded,cancelled,or terminated in whole or in part,and the sponsor may be declared ineligible for further grant awards from the funding board.The sponsor is responsible for any and all costs or liability arising from the sponsor's failure to so comply with applicable law. Wages and Job Safety The sponsor agrees to comply with all applicable laws,regulations,and policies of the United States and the State of Washington which affect wages and job safety. The sponsor agrees when state prevailing wage laws(RCW 39.12)are applicable,to comply with such laws,to pay the prevailing rate of wage to all workers,laborers,or mechanics employed in the performance of any part of this contract,and to file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as required by RCW 39.12.040. The sponsor also agrees to comply with the provisions of the Davis-Bacon Act,and other federal laws, and the rules and regulations of the Washington State Department of Labor and Industries. Archaeological and Cultural Resources The RCO reviews all applicable projects for potential impacts to archaeological sites and state cultural resources. The sponsor must comply with Executive Order 05-05 or the National Historic Preservation Act before initiating ground disturbing activity. - The funding board requires documented compliance with Executive Order 05-05 or Section 106 of the National Historic Preservation Act,whichever is applicable to the project. If a federal agency declines to consult,the sponsor shall comply with the requirements of WW RP Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 8 of 16 PROJAGR.RPT Page 67 Executive Order 05-05. In the event that archaeological or historic materials are discovered during project activities,work in the location of discovery and immediate vicinity must stop instantly,the area must be secured,and notification must be provided to the following:concerned Tribes'cultural staff and cultural committees,RCO, and the State Department of Archaeology and Historic Preservation. If human remains are discovered during project activity,work in the location of discovery and immediate vicinity must ! stop instantly,the area must be secured,and notification provided to the concerned Tribe's cultural staff and cultural committee, RCO, State Department of Archaeology,the coroner and local law enforcement in the most expeditious manner possible according to RCW 68.50 Restrictions on Grant Use No part of any funds provided under this grant shall be used,other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes,or for the preparation,distribution,or use of any kit,pamphlet,booklet,publication,radio, television,or video presentation designed to support or defeat legislation pending before the U.S.Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any sponsor,or agent acting for such sponsor,related to any activity designed to influence legislation or appropriations pending before the U.S.Congress or any state legislature. SECTION 10. HAZARDOUS SUBSTANCES A. Certification.The sponsor shall inspect,investigate,and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances,as defined in Chapter 70.105D.020(10)RCW,and certify: 1. No hazardous substances were found on the site,or 2. Any hazardous substances found have been treated and/or disposed of in compliance with applicable stale and federal laws,and the site deemed"clean." B. Responsibility.Nothing in this provision alters the sponsor's duties and liabilities regarding hazardous substances as set forth in Chapter 70.105D RCW. C. Hold Harmless.The sponsor will defend,protect and hold harmless RCO and any and all of its employees and/or agents,from and against any and all liability,cost(including but not limited to all costs of defense and attorneys'fees)and any and all loss of any nature from any and all claims or suits resulting from the presence of,or the release or threatened release of,hazardous substances on the property the sponsor is acquiring. SECTION 11. RECORDS A. Maintenance.The sponsor shall maintain books,records,documents,data and other evidence relating to this Agreement and performance of the services described herein,including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement.Sponsor shall retain such records for a period of six years from the date RCO deems the project complete,as defined in Section 17(C)below. If any litigation,claim or audit is started before the expiration of the six(6)year period,the records shall be retained until all litigation,claims,or audit findings involving the records have been resolved. B. Access to records and data.At no additional cost,the records relating to the Agreement,including materials generated under the Agreement,shall be subject at all reasonable times to inspection,review or audit by RCO,personnel duly authorized by RCO,the Office of the State Auditor,and federal and slate officials so authorized by law,regulation or Agreement.This includes access to all information that supports the costs submitted for payment under the grant and all findings,conclusions,and recommendations of the sponsor's reports, including computer models and methodology for those models. C. Public Records.Sponsor acknowledges that the funding board is subject to chapter 42.56 RCW and that this Agreement and any records sponsor submits or has submitted to the State shall be a public record as defined in chapter 42.56 RCW. Additionally,in compliance with RCW 77.85.130(8),sponsor agrees to disclose any information in regards to expenditure of any funding received from the SRFB. By submitting any record to the state sponsor understands that the State may be requested to disclose or copy that record under the state public records law,currently codified at RCW 42.56. The sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy such document to respond to a request under state public records laws. The Sponsor hereby agrees to release the State from any claims arising out of allowing such review or copying pursuant to a public records act request,and to indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state's defense of such claims. SECTION 12. TREATMENT OF ASSETS A. Assets shall remain in the possession of the sponsor for the duration of the project or applicable grant program.When the sponsor discontinues use of the asset(s)for the purpose for which it was funded,RCO will require the sponsor to deliver the asset(s)to RCO,dispose of the asset according to RCO policies,or return the fair market value of the asset(s)to RCO.Assets shall be used only for the purpose of this Agreement,unless otherwise provided herein or approved by RCO in writing. B. The sponsor shall be responsible for any loss or damage to assets which results from the negligence of the sponsor or which results from the failure on the part of the sponsor to maintain and administer that asset in accordance with sound management practices. WWR P Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 9 of 16 PROJAGR.RPT Page 68 SECTION 13. RIGHT OF INSPECTION The sponsor shall provide right of access to the project to RCO,or any of its officers,or to any other authorized agent or official of the state of Washington or the federal government,at all reasonable times,in order to monitor and evaluate performance,compliance, and/or quality assurance under this Agreement. If a landowner agreement or other form of control and tenure has been executed,it will further stipulate and define the funding board and RCO's right to inspect and access lands acquired or developed with funding board assistance. SECTION 14. STEWARDSHIP AND MONITORING Sponsor agrees to perform monitoring and stewardship functions as stated in policy documents approved by the funding boards or RCO.Sponsor further agrees to utilize,where applicable and financially feasible,any monitoring protocols recommended by the funding board. SECTION 16. DEBARMENT CERTIFICATION A. For Federally Funded Projects By signing the Agreement with RCO,the sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred,suspended,proposed for debarment,declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency. Further,the sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the Office of Inspector General Suspension and Debarment List at http:/Aw .gsaig.gov/index.cfm?LinkSeN[D=C4C89080-D2BE-D29A-96355D44Al 3E4356. The sponsor(prospective lower tier participant)shall provide immediate written notice to RCO if at any time the prospective lower tier participant learns that the above certification was not correct when submitted or has become erroneous by reason of changed circumstances. B. For Stale Funded Projects By signing the Agreement with RCO,the sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred,suspended,proposed for debarment,declared ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries. Further,the sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the"Contractors not Allowed to Bid on Public Works Projects"list at hltp://www.l n i.wa.g ovFrradesLicens i ng/P mvWage/Award ingAg en cies/Deba rredContractors/ SECTION 16. PROJECT FUNDING A. Additional Amounts.The funding board shall not be obligated to pay any amount beyond the dollar amount as identified in this Agreement, unless an additional amount has been approved in advance by the funding board or director and incorporated by written amendment into this Agreement. B. Before the Agreement.No expenditure made,or obligation incurred,by the sponsor before the project start date shall be eligible for grant funds,in whole or in part, unless specifically provided for by funding board policy,such as a waiver of retroactivity,or program specific eligible pre-Agreement costs.For reimbursements of such costs,this Agreement must be fully executed and an original received by RCO.The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement C. After the period of performance.No expenditure made,or obligation incurred,following the period of performance shall be eligible,in whole or in part,for grant funds hereunder.In addition to any remedy the funding board may have under this Agreement,the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. SECTION 17. PROJECT REIMBURSEMENTS A. This contract is administered on a reimbursement basis.The sponsors may only request reimbursement after eligible and allowable costs have already been paid by the sponsor and remitted to their vendors. RCO will then reimburse the sponsor for those costs based upon RCO's percentage as defined in Section F of the Project Agreement of the amount billed to RCO.RCO does not reimburse for donations which the sponsor may use as part of its percentage.All reimbursement requests must include proper documentation of expenditures as required by RCO. B. Compliance and Payment.The obligation of RCO to pay any amount(s)under this Agreement is expressly conditioned on strict compliance with the terms of this Agreement by the sponsor. C. Compliance and Retainage.RCO reserves the right to withhold disbursement of up to the final ten percent(10%)of the total amount of the grant to the sponsor until the project has been completed.A project is considered"complete"when: 1. All approved or required activities outlined in the Agreement are done; 2. On-site signs are in place(if applicable); 3. A fmal project report is submitted to and accepted by RCO; 4. Any other required documents are complete and submitted to RCO; 5. Afinal reimbursement request is submitted to RCO; 6. The completed project has been accepted by RCO; 7. Final amendments have been processed;and 8. Fiscal transactions are complete. WWRP Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 10 of 16 PROJAGR,RPT Page 69 9. RCO has accepted a final boundary map,if required for the project,for which the Agreement terms will apply in the future. D. Reimbursement Request Frequency.Sponsors are encouraged to send RCO a reimbursement request at least quarterly. Sponsors are required to submit a reimbursement request to RCO,at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30. Sponsors must refer to the most recently published/adopted RCO policies and procedures regarding reimbursement requirements. SECTION 18. ADVANCE PAYMENTS Advance payments of or in anticipation of goods or services to be provided under this Agreement are limited to grants approved by the SRFB and must comply with SRFB policy. See WAC 420-12-060(5). SECTION 19, RECOVERY OF PAYMENTS In the event that the sponsor fails to expend funds under this Agreement in accordance with state and federal laws,and/or the provisions of the Agreement,or meet its percentage of the project total,RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. The sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement.Repayment by the sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO.Interest shall accrue at the rate of twelve percent(12%)per annum from the time that payment becomes due and owing. SECTION 20. COVENANT AGAINST CONTINGENT FEES The sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an Agreement or understanding for a commission, percentage,brokerage or contingent fee,excepting bona fide employees or bona fide established agents maintained by the sponsor for the purpose of securing business. RCO shall have the right,in the event of breach of this clause by the sponsor,to terminate this Agreement without liability or,in its discretion,to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission,percentage,brokerage or contingent fee. SECTION 21. PROVISIONS APPLYING TO DEVELOPMENT,RENOVATIONAND RESTORATION PROJECTS The following provisions shall be in force only if the project described in this Agreement is for development,renovation and restoration of land or facilities for outdoor recreation,habitat conservation,or salmon recovery: A. Document Review and Approval.The sponsor agrees to submit one copy of all development,renovation,restoration or construction plans and specifications to RCO for review prior to implementation.Review and approval by RCO will be for compliance with the terms of this Agreement. B. Contracts for Development,Renovation,or Restoration.Sponsors must have a procurement process that follows applicable state and/or required federal procurement principles. If no such process exists the sponsor must follow these minimum procedures: (1)publish a notice to the public requesting bids/proposals forthe project(2)specify in the notice the date for submittal of bids/proposals(3)specify in the notice the general procedure and criteria for selection;and (4)comply with the same legal standards regarding unlawful discrimination based upon race,ethnicity,sex,or sex-orientation that are applicable to stale agencies in selecting a bidder or proposer. This procedure creates no rights for the benefit of third parties,Including any proposers,and may not be enforced or subject to review of any kind or manner by any other entity other than the RCO. Sponsors may be required to certify to the RCO that they have followed any applicable state and/or federal procedures or the above minimum procedure where state or federal procedures do not apply. C. Contract Change Order.Only change orders that impact the amount of funding or changes to the scope of the project as described to and approved by the funding board or RCO must receive prior written approval. D. Control and Tenure.The sponsor must provide documentation that shows appropriate tenure(landowner agreement,long term lease,easement,or fee simple ownership)for the land proposed for development, renovation or restoration. The documentation must meet current RCO requirements. E, Nondiscrimination.Except where a nondiscrimination clause required by a federal funding agency is used,the sponsor shall insert the following nondiscrimination clause in each contract for construction of this project: "During the performance of this contract, the contractor agrees to comply with all federal and state nondiscrimination laws,regulations and policies." F. Use of Best Management Practices. Project sponsors are encouraged to use best management practices developed as part of the Washington State Aquatic Habitat Guidelines(AHG)Program.The best management practices are described in three documents:"Stream Habitat Restoration Guidelines:Final Draft",2004;"Design of Road Culverts for Fish Passage',2003;and "Integrated Streambank Protection Guidelines",2002.These documents and other information can be found on the AHG website. SECTION 22. PROVISIONS APPLYING TO ACQUISITION PROJECTS The following provisions shall be in force only if the project described in this Agreement is for the acquisition of interest in real property (including easements)for outdoor recreation,habitat conservation,salmon recovery purposes,or farmland preservation: A Evidence of Land Value. Before disbursement of funds by RCO as provided under this Agreement,the sponsor agrees to supply documentation acceptable to RCO that the cost of the property rights acquired has been established according to funding board policy. WW RP Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 11 of 16 PROJAGR.RPT Page 70 B, Evidence of Title.The sponsor agrees to provide documentation that shows the type of ownership interest for the property that has been acquired.This shall be done before any payment of financial assistance. C. Legal Description of Real Property Rights Acquired.The legal description of the real property rights purchased with funding assistance provided through this project Agreement(and protected by a recorded conveyance of rights to the State of Washington)shall be incorporated into the Agreement before final payment. D. Conveyance of Rights to the State of Washington.Document securing long-term rights for the State of Washington. When real property rights(both fee simple and lesser interests)are acquired,the sponsor agrees to execute an appropriate document conveying certain rights and responsibilities to RCO,on behalf of the State of Washington. These documents include a Deed of Right,Assignment of Rights,Easements and/or Leases. The sponsor agrees to use document language provided by RCO,to record the executed document in the County where the real property lies,and to provide a copy of the recorded document to RCO.The document required will vary depending on the project type,the real property rights being acquired and whether or not those rights are being acquired in perpetuity. 1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve,protect,and/or use the property for public purposes consistent with the fund source. Sponsors shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the sponsor has acquired a perpetual easement for public purposes. 2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to RCO. Sponsors shall use this document when an easement or lease is being acquired for habitat conservation or salmon recovery purposes. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. ICI 3. Easements and Leases. The sponsormay incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document,thereby eliminating the requirement for a separate document. Language will depend on the situation;sponsor must obtain RCO approval on the draft language prior to executing the easement or lease. E. Real Property Acquisition and Relocation Assistance 1. When federal funds are part of this Agreement,the Sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,84 Stat. 1894(1970)--Public Law 91-646,as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100-17-1987,and applicable regulations and procedures of the federal agency implementing that Act. 2. When state funds are part of this Agreement,the sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington,Chapter 8.26 RCW,and Chapter 468-100 WAC. 3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection(1) above and/or state law set out in subsection(2)above,are involved in the execution of this project,the sponsor agrees to - provide any housing and relocation assistance required. F. Buildings and Structures. In general,grant funds are to be used for outdoor recreation,habitat conservation,or salmon recovery. Sponsors agree to remove or demolish ineligible structures. Sponsors must consult RCO regarding compliance with section 9- Archaeological and Cultural Resources before structures are removed or demolished. SECTION 23. RESTRICTION ON CONVERSION OF REAL PROPERTYAND/OR FACILITIES TO OTHER USES The sponsor shall not at any time convert any real property or facility acquired,developed,renovated,and/or restored pursuant to this Agreement to uses other than those purposes for which funds were approved without prior approval of the funding board in compliance with applicable statutes,rules,and funding board policies. It is the intent of the funding board's conversion policy,current or as amended in the future,that all real property or facilities acquired,developed,renovated,and/or restored with funding assistance remain in the public domain in perpetuity unless otherwise identified in the Agreement or as approved by the funding board. Determination of whether a conversion has occurred shall be based upon applicable law and RCFB/SRFB policies. For acquisition projects that are term limited,such as one involving a lease or a term-limited restoration,renovation, or development project or easement,this restriction on conversion shall apply only for the length of the term,unless otherwise provided in written documents or required by applicable state or federal law. In such case,the restriction applies to such projects for the length of the term specified by the lease,easement,deed,or landowner agreement. When a conversion has been determined to have occurred,the sponsor is required to remedy the conversion per established funding board policies. SECTION 24. CONSTRUCTION,OPERATION,USE AND MAINTENANCE OF ASSISTED PROJECTS For acquisition,development,renovation and restoration projects,sponsors must ensure that properties or facilities assisted with funding board funds,including undeveloped sites,are built,operated,used,and maintained: A. According to applicable federal,state,and local laws and regulations,including public health standards and building codes. B. In a reasonably safe condition for the project's intended use. C. Throughout its estimated life so as to prevent undue deterioration. WWRP Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 12 of 16 PROJAGR.RPT Page 71 i D. In compliance with all federal and state nondiscrimination laws,regulations and policies. For acquisition,development,renovation and restoration projects,facilities open and accessible to the general public must: E. Be constructed and maintained to meet or exceed the minimum requirements of the most current local or state codes,Uniform Federal Accessibility Standards,guidelines,or rules,including but not limited to:the International Building Cade,the Americans '.. with Disabilities Act,and the Architectural Barriers Act,as updated. F. Appear attractive and inviting to the public except for brief installation,construction,or maintenance periods. G. Be available for use by the general public without reservation at reasonable hours and times of the year,according to the type of area or facility. '.... SECTION 25. INCOME AND INCOME USE A. Income. 1. Compatible source.The source of any income generated in a funded project or project area must be compatible with the funding source and the Agreement 2. Fees.User and/or other fees may be charged in connection with land acquired or facilities developed with funding board grants if the fees are consistent with the: (a) Value of any service(s)furnished; (b) Value of any opportunities furnished;and (c) Prevailing range of public fees in the state for the activity involved. Excepted are Firearms and Archery Range Recreation Program safety classes(firearm and/or hunter)for which a facility/range fee must not be charged(Chapter 79A.25.210 RCW). B, Income use.Regardless of whether income orfees in a project work site(including entrance,utility corridor permit,cattle grazing, timber harvesting,farming,etc.)are gained during or afterthe reimbursement period cited in the Agreement,unless precluded by state or federal law,the revenue may only be used to offset: 1. The sponsor's matching funds; 2. The project's total cost; 3. The expense of operation,maintenance,stewardship, monitoring,and/or repair of the facility or program assisted by the funding board grant; q. The expense of operation,maintenance,stewardship,monitoring,and/or repair of other similar units in the sponsor's system;and/or 5. Capital expenses for similar acquisition and/or development. SECTION 26. PREFERENCES FOR RESIDENTS Sponsors shall not express a preference for users of grant assisted projects on the basis of residence(including preferential reservation,membership,and/or permit systems)except that reasonable differences in admission and other fees may be maintained on the basis of residence.Even so,the funding board discourages the imposition of differential fees.Fees for nonresidents must not exceed twice the fee imposed on residents.Where there is no fee for residents but a fee is charged to nonresidents,the nonresident fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities. SECTION 27. PROVISIONS RELATED TO CORPORATE(INCLUDING NONPROFIT)SPONSORS A corporate sponsor,including any nonprofit sponsor,shall: A. Maintain corporate status with the state,including registering with the Washington Secretary of State's office,throughout the sponsor's obligation to the project as identified in the Agreement. B. Notify RCO prior to corporate dissolution, Within 30 days of dissolution the sponsor shall name a qualified successor that will agree in writing to assume any on-going project responsibilities.A qualified successor is any party eligible to apply for.funds in the subject grant program and capable of complying with the terms and conditions of this Agreement.RCO will process an amendment transferring the sponsor's obligation to the qualified successor if requirements are met. C. Sites or facilities open to the public may not require exclusive use,(e.g.,members only). SECTION 28. LIABILITY INSURANCE REQUIREMENTS FOR FIREARMS AND ARCHERY RANGE SPONSORS A. The sponsor of a firearms or archery range recreation project shall procure an endorsement,or other addition,to liability insurance it may currently carry,or shall procure a new policy of liability insurance,in a total coverage amount the sponsor deems adequate to ensure it will have resources to pay successful claims of persons who may be killed or injured,or suffer damage to property,while present at the range facility to which this grant is related,or by reason of being in the vicinity of that facility;provided that the coverage shall be at least one million dollars($1,000,000)for the death of,or injury to,each person. B. The liability insurance policy,including any endorsement or addition,shall name Washington Slate,the funding board,and RCO as additional insured and shall be in a form approved by the funding board or director. WWRP Project Agreement-RCO#1 2-1525A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 13 of 16 PROJAGR.RPT Page 72 C. The policy,endorsement or other addition,or a similar liability insurance policy meeting the requirements of this section,shall be kept in force throughout the sponsor's obligation to the project as identified in this Agreement. D. The policy,as modified by any endorsement or other addition,shall provide that the issuing company shall give written notice to RCO not less than thirty(30)calendar days in advance of any cancellation of the policy by the insurer,and within ten(10) calendar days following any termination of the policy by the sponsor. E. The requirement of Subsection A through D above shall not apply if the sponsor is a federal,state,or municipal government which has established a program of self-insurance or a policy of self-insurance with respect to claims arising from its facilities or activities generally,including such facilities as firearms or archery ranges,when the applicant declares and describes that program or policy as a part of its application to the funding board. F. By this requirement,the funding board and RCO does not assume any duty to any individual person with respect to death,injury, or damage to property which that person may suffer while present at,or in the vicinity of,the facility to which this grant relates. Any such person,or any other person making claims based on such death,injury,or damage,must look to the sponsor,or others,for any and all remedies that may be available by law. - SECTION 29. REQUIREMENTS OF THE NATIONAL PARK SERVICE If the project has been approved by the National Park Service,US Department of the Interior,for funding assistance from the federal Land and Water Conservation Fund(LWCF),the"Project Agreement General Provisions"in the LWCF State Assistance Program Federal Financial Assistance Manual are also made part of this Agreement. The sponsor shall abide by these LWCF General Provisions,in addition to this Agreement,as they now exist or are hereafter amended. Further,the sponsor agrees to provide RCO with reports or documents needed to meet the requirements of the LWCF General Provisions. SECTION 30. FARMLAND PRESERVATION ACCOUNT For projects funded through the Washington Wildlife and Recreation Program Farmland Preservation Account,the following sections will not apply if covered separately in a recorded RCO approved Agricultural Conservation Easement. • Section 8-Acknowledgement and Signs, • Section 10-Hazardous Substances, • Section 14-Stewardship and Monitoring • Section 22-Provisions Applying to Acquisition Projects,Sub-sections F and G. • Section 23-Restriction on Conversion of Real Property and/or Facilities to Other Uses, • Section 24-Construction,Operation,Use and Maintenance of Assisted Projects,Sub-sections E,F,G,and • Section 25-Income and Income Use SECTION 31. ORDER OF PRECEDENCE This Agreement is entered into,pursuant to,and under the authority granted by applicable federal and state laws.The provisions of the Agreement shall be construed to conform to those laws.In the event of an inconsistency in the terms of this Agreement,or L. between its terms and any applicable statute,rule,or policy or procedure,the inconsistency shall be resolved by giving precedence in the following order: '.. A. Applicable federal and/or state statutes, regulations,policies and procedures including RCO/funding board policies and procedures,applicable federal Office of Management and Budget(OMB)circulars and federal and state executive orders; B. Project agreement including attachments; C. Special Conditions; I'�I D. Standard Terms and Conditions of the Project Agreement. ii SECTION 32. AMENDMENTS Amendments to this Agreement shall be binding only if in writing and signed by personnel authorized to bind each of the parties except period of performance extensions and minor scope adjustments need only be signed by RCO's director or designee. SECTION 33. LIMITATION OF AUTHORITY Only RCO or RCO's delegate by writing(delegation to be made prior to action)shall have the express,implied,or apparent authority to alter,amend,modify,or waive any clause or condition of this Agreement.Furthermore,any alteration,amendment,modification,or li waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by RCO. SECTION 34. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default.Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing,signed by the director,or the director's designee,and attached to the original Agreement. SECTION 36. APPLICATION REPRESENTATIONS--MISREPRESENTATIONS OR INACCURACY OR BREACH The funding board and RCO rely on the sponsor's application in making its determinations as to eligibility for,selection for,and scope of,funding grants.Any misrepresentation,error or inaccuracy in any part of the application may be deemed a breach of this Agreement. WWRP Project Agreement-RCO#12-1626A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 14 of 16 PROJAGR.RPT Page 73 SECTION 36. SPECIFIC PERFORMANCE The funding board and RCO may enforce this Agreement by the remedy of specific performance,which usually will mean completion of the project as described in this Agreement.However,the remedy of specific performance shall not be the sole or exclusive remedy available to RCO.No remedy available to the funding board or RCO shall be deemed exclusive.The funding board or RCO may elect to exercise any,a combination of,or all of the remedies available to it under this Agreement,or under any provision of law,common law,or equity. SECTION 37. TERMINATION The funding board and RCO will require strict compliance by the sponsor with all the terms of this Agreement including,but not limited to,the requirements of the applicable statutes,rules and all funding board and RCO policies,and with the representations of the sponsor in its application for a grant as finally approved by the funding board A. For Cause. The funding board or the director may suspend or terminate the obligation to provide funding to the sponsor under this Agreement: i. In the event of any breach by the sponsor of any of the sponsor's obligations under this Agreement;or ii. If the sponsor fails to make progress satisfactory to the funding board or director toward completion of the project by the completion date set out In this Agreement. Included in progress is adherence to milestones and other defined deadlines In the event this Agreement is terminated by the funding board or director,under this section or any other section after any portion of the grant amount has been paid to the sponsor under this Agreement,the funding board or director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived. B. Non Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period,RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a continuous period of one year,RCO's obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the sponsor. C. For Convenience. Except as otherwise provided in this Agreement,RCO may,by ten(10)days written notice,beginning on the second day after the mailing,terminate this Agreement,in whole or in part.If this Agreement is so terminated,RCO shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. SECTION 38. DISPUTE HEARING Except as may otherwise be provided in this Agreement,when a dispute arises between the sponsor and the funding board,which cannot be resolved,either party may request a dispute hearing according to the process set out in this section.Either party's request for a dispute hearing must be in writing and clearly state: A. The disputed issues; B. The relative positions of the parties; C. The sponsors name, address,project title,and the assigned project number. In order for this section to apply to the resolution of any specific dispute or disputes,the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues.The dispute shall be heard by a panel of three persons consisting of one person chosen by the sponsor,one person chosen by the director,and a third person chosen by the two persons initially appointed.If a third person cannot be agreed on,the third person shall be chosen by the funding board's chair. Any hearing under this section shall be informal,with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved.The process may be solely based on written material if the parties so agree.The disputes panel shall be governed by the provisions ofthis Agreement in deciding the disputes. The parties shall be bound by the decision of the disputes panel,unless the remedy directed by that panel shall be without the authority of either or both parties to perform,as necessary,or is otherwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party.The request shall be delivered or mailed within thirty(30)days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute.The written Agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty(30)days of receipt by the receiving party of the request. Al costs associated with the implementation of this process shall be shared equally by the parties. SECTION 39. ATTORNEYS'FEES In the event of litigation or other action brought to enforce contract terms,each party agrees to bear its own attorney fees and costs. WW RP Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter79A.15 RCW,Chapter 286 WAC Page 15 of 16 '.. PROJAGR.RPT Page 74 SECTION 40. GOVERNING LAWIVENUE This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit involving this Agreement,venue shall be in Thurston County Superior Court if legally proper;otherwise venue shall be in a county where the project is situated.The sponsor,by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington. In the cases where this Agreement is between the funding board and a federally recognized Indian Tribe,the following governing ',. law/venue applies: A: Notwithstanding the above venue provision,if the State of Washington intends to initiate a lawsuit against a federally recognized Indian tribe relating to the performance,breach or enforcement of this Agreement,it shall so notify the Tribe. If the Tribe believes that a good faith basis exists for subject matter jurisdiction of such a lawsuit in federal court,the Tribe shall so notify the State within five days of receipt of such notice and state the basis for such jurisdiction. If the Tribe so notifies the State,the State shall bring such lawsuit in federal court;othervvise the State may sue the Tribe in the Thurston County Superior Court. Interpretation of the Agreement shall be according to applicable State law,except to the extent preempted by federal or tribal law. In the event suit is brought in federal court and the federal court determines that it lacks subject matter jurisdiction to resolve the dispute between the State and Tribal Party,then the parties agree to venue in Thurston County Superior Court. '.. B. Any judicial award,determination,order,decree or other relief,whether in law or equity or otherwise,resulting from such a lawsuit shall be binding and enforceable on the parties. Any moneyjudgment or award against a Tribe,tribal officers and ',.. members,or the State of Washington and its officers and employees may exceed the amount provided for in Section F-Project '.. Funding of the Agreement in order to satisfy the judg ment. C. The Tribe hereby waives its sovereign immunity for suit in state court for the limited purpose of allowing the State to bring such actions as it determines necessary to give effect to this section and to the enforcement of any judgment relating to the performance or breach of this Agreement. This waiver is not for the benefit of any third party and shall not be enforceable by any third party or by any assignee of the parties.In any enforcement action,the parties shall bear their own enforcement costs, including attomeys'fees. For purposes of this provision,the State includes the RCO and any other state agencies that may be assigned or otherwise obtain the right of the RCO to enforce this Agreement. SECTION 41. SEVERABILITY The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. '.. i WWRP Project Agreement-RCO#12-1525A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 16 of 16 PROJAGR.RPT Page 75 Legal Description Project Sponsor: Kent Parks, Rec&Comm Sery Project Number: 12-1525 A Project Title: Huse/Soos Creek Property Acquisition RCO Approval: 07YO112013 Works ite Name Property Name Legal Description Worksite#1 Huse Property Huse Property The legal description of the property purchased with funding assistance provided through this Project Agreement (and protected by a recorded Deed-of-Right) shall be amended into the Project Agreement prior to reimbursement of the final payment. LEGALOSC.RPT September 10,2013 Page 1 Page 76 Eligible Scope Activities Project Sponsor: Kent Parks, Recreation &Community Services Project Number: 12-1525 Project Title: Huse/Soos Creek Property Acquisition Project Type: Acquisition Program: WWRP-Local Parks Approval: 7/1/2013 Project Metrics Project Acquisition Project acres by purpose type: Farmland Preservation 0.00 '... Habitat Restoration 10.70 Habitat Conservation 15.00 Public Access 33.70 Developed Recreation 8.00 Acquisition Metrics Property: Huse Property (Worksite#1, Huse Property) Real Property Acquisition Land Acres by Acreage Type(fee simple): Wetlands 12.00 Uplands 21,70 Existing structures on site: Structures to be demolished Clean up of hazardous substances required (yes/no): No Incidentals Standard Incidentals Demolition Buildings/structures to be demolished: House at 13417 SE 216th Street, built in 1961. House at 13427 SE 216th, Street built around 1972. One barn of undetermined age that does not have an assessed value, Fencing (Acq) j Number of miles of fencing to be built: 1,00 Administrative Costs(Acq) '.., Administrative costs(Acq) ELIGREIM.RPT September 10,2013 Page: 1 Page 77 Milestone Report By Project Project Number: 12-1525 A Project Name: Huse/Sons Creek Property Acquisition Sponsor: Kent Parks, Rec&Comm Sery Project Manager: Laura Moxham r r- X OrderAppraisal(s) 12/31/2009 X I Purchase Agreement Signed 0 6130/2 0 1 0 X I Acquisition Closing 07/31/2010 Acquired through a Waiver of Retroactivity, Waiver#W10-29 X I Cultural Resources Complete 07/10/2013 RCO has completed cultural resources consultation with Native American tribes and the Department of '.. Archaeology and Historic Preservation. No further cultural resource investigation is required. DAHP Log No:061013-03-RCFB X I Order Appraisal Review(s) 08/20/2013 Project Start 09/06/2013 Recorded Acq Documents to RCO 10/31/2013 Noxious Weed Control Complete 1 113 0/20 1 3 i Progress Report Submitted 12/15/2013 I Annual Project Billing 07/31/2014 Progress Report Submitted 07/31/2014 Fencing Complete 10/31/2014 Demolition Complete 12/31/2014 Funding Acknowl Sign Posted 12/31/2014 I Agreement End Date 12/31/2014 Final Billing to RCO 02/1 512 0 1 5 Final Report in PRISM 02/28/2015 X=Milestone Complete !=Critical Milestone '.. ( 1MILESTO.RPT September 10,2013 Page: 1 Page 78 Page 79 I' PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 ® Fax: 253-856-6050 KEN WASH, NG1. Address: 220 Fourth Avenue S. !, Kent, WA. 98032-5895 October 17, 2013 TO: Kent City Council Parks and Human Services Committee FROM: Hope Gibson, Manager Parks Planning and Development THROUGH: Jeff Watling, Director Parks, Recreation, and Community Services SUBJECT: D. A. Hogan Consultant Agreement - Authorize MOTION: Move to recommend authorizing the Mayor to sign the Consultant Agreement with D. A. Hogan and Associates for $26,450 for the Wilson Sports Field Synthetic Turf Renovation project, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. SUMMARY: The city's only synthetic sports field is very close to the end of its useful life. Increasing levels of maintenance have kept the field playable and safe, but the wear continues. The anticipated cost of the replacement, at over a million dollars, has prevented the city from replacing the turf to this point, due to a lack of resources. However, with the recent state grant and the improved revenue outlook, Parks has put together options for funding this number 1 priority parks capital project. This contract, if approved, will procure the needed design and construction observation work necessary for a successful renovation project. D. A. Hogan is a nationally regarded firm specializing in artificial turf construction and replacement design. Construction is anticipated to commence in late first quarter of 2014. Approval for construction in the form of a bid award will come before City Council in early 2014. EXHIBITS: Consultant agreement BUDGET IMPACTS: The expenditures for this project are from the Parks capital budget. i I Page 80 Page 81 L Itl w..s Ni NcroN CONSULTANT SERVICES AGREEMENT between the City of Kent and D. A. Hogan & Associates, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and D. A. Hogan & Associates, Inc., organized under the laws of the State of [Insert State Co. Formed Under], located and doing business at 119 15C Avenue South, Suite 110, Seattle, WA 98104; David L. Anderson, davea@dahogan.com., (206) 285-0400 (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: Provide landscape architectural services, from design through construction, for the Wilson Sports Fields Synthetic Turf Renovation project, per attached proposal incorporated herein as Exhibit A. 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 June 30, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $26,450, 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 82 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 83 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 84 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) Page 85 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: David L. Anderson Hope Gibson D. A. Hogan & Associates, Inc. City of Kent 119 Ist Avenue South, Suite 110 220 Fourth Avenue South Seattle, WA 98104 Kent, WA 98032 206-285-0400 (telephone) (253) 856-5112 (telephone) (facsimile) (253) 856-6050 (facsimile) APPROVED AS TO FORM: Kent Law Department [V',/Vianning/Wilson Turt/Hogan Design COOtraQ CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) Page 86 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. Dated this day of 20 . By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 Page 87 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. 1 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 88 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: EEO COMPLIANCE DOCUMENTS - 3 October 1, 2013 Hope Gibson KUL] D A H O G A N City of Kent Planning& Development Parks, Recreation &Community Services Proposal for Professional Engineering & Landscape Architecture Services for the Wilson Playfields Synthetic Turf Replacement PROJECT UNDERSTANDING D.A. Hogan &Associates, Inc. is pleased to submit this Scope of Services and Fee Proposal for the proposed synthetic turf field replacement at the Wilson Playfields. The project schedule is assumed to have construction occurring during the winter of 2014 with the following scope of work: 1. Removal of existing infilled synthetic turf 2. Repair/re-grade existing permeable aggregate base 3. Expand the synthetic turf surfacing areas to encompass the current rubberized warning track 4. Repair existing edge anchor as required 5. Modifications to the existing perimeter fencing and netting 6. Install new infilled synthetic turf system Attached please find the following: Schedule A-Scope of Services Schedule B-Fee Proposal Please do not hesitate to contact me if you need further information. On behalf of D.A. Hogan & Associates,we look forward to working with the City of Kent on this project. Sincerkogan & D vid PC;0rincipal D. ciates, Inc. D.A. Hogan&Associates,Inc. (206) 285-0400 Tel 119 fah Avenue South,Suite 110 (206)285-0480 Fax Seattle,WA98104 Page 90 SCHEDULE A Professional Consulting Services for Wilson Playfields Synthetic Turf Field Replacements SCOPE OF SERVICES 1.1 PHASE 1—CONSTRUCTION DOCUMENT DESIGN PHASE A. Final design of all systems and components B. Working drawings and construction details. C. Prepare a proposed design and construction schedule for review and approval by the Owner D. Confirm design program elements and areas of responsibility with Owner E. Participate in planning meetings to establish a final scope of work and construction for the project F. Facilitate synthetic turf workshop and technical presentations for the Field Committee if requested G. Calculation of construction cost estimates H. Consultation to Owner as requested I. Construction specifications J. Bidding documents K. Update construction estimates as appropriate, Configure bid documents to keep project within estimated MACC 1.2 PHASE 2—BIDDING PHASE A. Attend pre-bid conference. B. Respond to questions by prospective bidders and subcontractors. C. Issue information for inclusion with addendum(s) as may be appropriate. D. Review of bids received, consultation and recommendations to Ownerfor award of applicable items. 1.3 PHASE 3—CONSTRUCTION PHASE A. Coordinate and attend pre-construction conference with role of Owner's Representative. Distribute minutes as appropriate. B. Endorse for approval ordisapproval all materials and equipment submitted by the Contractor. C. Attend construction progress meetings with the Contractor and Owner. Take meeting minutes and distribute as appropriate. D. Conduct surveillance of construction to include visits to the site to observe the progress and quality of the work. Inspections to be coordinated and will occur concurrent with weekly construction meetings at the following approximate schedule: 1. After turf removal at completion of finish grading adjustment to the existing permeable aggregate base 2. At completion of the seaming of turf and installation of the inlaid lines and markings priorto the installation of the infill materials Wilson Playfields Turf Replacement Study '... Scope of Work and Fee Proposal Page 2 of 4 Page 91 3. At completion of field surface and infill installation to generate a punch list and to establish substantial completion 4. After completion of all punch list items to certify final acceptance E. Monitor construction progress and quality with decisions relative to contract performance. Document all progress with reports as appropriate. F. Issue instructions for and of the Owner to the Contractor and prepare RFI,field directives and changes orders, if applicable. G. Guard the Owner against deficiencies in the work and approve or disapprove work in conformance with the contract documents. H. Keep the Owner advised as to the progress of the work. I. Assure for the Owner that the completed project will conform to the requirements of the contract documents. J. Complete substantial completion inspection and generate and distribute discrepancy(punch list) items. K. Review and process contractor progress payment requests. L. Prepare and execute on behalf of the owner all changes to the work including Construction Change Directives (CCD), Change Order Proposals (COP) and Change Orders (CO). Tabulate and respond to Requests for Information from Contractor. M, Final inspection and certification of completion. N. Warranty O&M Review. 1.4 WORK NOT INCLUDED A. Full-time, on-site inspection B. Construction site survey and construction control bench marks C. Cost of printing of review, bidding, and distribution costs D. Permit and Plan Check fees assessed by permit authorities. E. Laboratory charges for construction testing 1.5 OWNER'S RESPONSIBILITIES A. Assist the Consultant by placing at his disposal all available information pertinent to the site. B. Advertise for proposals from bidders and administer the opening of bids. C. Prepare such legal,accounting and auditing services as may be required by the Owner. D. With the assistance of the Consultant, obtain approval of all governmental authorities that have jurisdiction over the project. E. Designate a person to act as Owner's Representative. Wilson Playfields Turf Replacement Study Scope of Work and Fee Proposal Page 3 of 4 Page 92 Professional Consulting Services for Wilson Playfields Synthetic Turf Field Replacements 1.6 COMPENSATION AND PAYMENTTO CONSULTANT A. We offer a lump-sum fee for all basic scope work as follows: Construction Documents through Closeout $26,450 B. All Contractor construction negotiations and change order processing within original scope of project is included in this amount. C. Progress payment for Consulting work to be as follows: Completion of Bid Documents $10,770 Completion of Bidding Phase $2,360 Completion of Construction $13,320 Total $26,450 D. Compensation for additional services that may be requested by the Owner shall be as follows: Principal Engineer $160.00 per hour Principal Landscape Architect $160.00 per hour Associate Principal Landscape Architect $145.00 per hour Project Engineer $145.00 per hour Landscape Architect $90.00 per hour Technical Staff $80.00 per hour Administrative $45.00 per hour E. Expenses,outlined in paragraph 1.5 plus contracting, laboratory testing for construction quality control, etc., as requested and authorized by owner to be paid by our firm shall be reimbursed at actual cost plus 5%administrative fee. n avi .Anderson, P:E. Principal Engineer Wilson Playfields Turf Replacement Study Scope of Work and Fee Proposal Page 4 of 4 Page 93 EXHIBIT S INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or its equivalent, with minimum limits of $3,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an Additional Insured under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City. All endorsements adding Additional Insureds shall be issued on form CG 20 10 1185 or a form deemed equivalent, providing the Additional Insureds with all policies and endorsements set forth in this section. 2. 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with minimum limits of $3,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any I Page 94 EXHIBIT B (Continued) combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. 2. Automobile Liability insurance with a minimum combined single it for bodily injury and property damage of $1,000,000 per accident. 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: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Contractor's Insurance for Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. Page 95 EXHIBIT B (Continued) E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. G. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. H. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. Page 96 Page 97 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director 40 7Phone: 253-856-5100 ® Fax: 253-856-6050 WASH, NGT� Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 October 17, 2013 TO: Kent City Council Parks and Human Services Committee FROM: Hope Gibson, Manager Parks Planning and Development THROUGH: Jeff Watling, Director Parks, Recreation, and Community Services SUBJECT: Kent Valley Loop Trail Master Plan Update - INFO ONLY i MOTION: INFO ONLY I i SUMMARY: The regionally significant Green River and Interurban trails intersect near the southern tip of the city. The goal of this project is to create a master plan for identifying a route for connecting the two trails at the northern end of the city, increasing the recreational value of the trails and adjacent parks, and better connecting the trails to the surrounding community. In order to achieve these goals, we will need to address some of the trails' current challenges, as well as balance recreational goals with other public priorities, including habitat restoration and flood control. In August, Parks set up an online survey, seeking input from the community. Response was terrific, with 275 surveys submitted, most of them fairly detailed. The survey answers were compiled and supplied to the project consultant team, as well as posted online. The survey was well-publicized, with an article appearing in the Kent Reporter, as well as spots on the city's website, Facebook page, and resident newsletter. Also, promotional signs were placed in a variety of locations along both trails. The consultant is here tonight, to assist staff with an update on the project. EXHIBITS: None BUDGET IMPACTS: The expenditures for this project are from the King County Paths and Trails budget. ill i Page 98 Page 99 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 ® Fax: 253-856-6050 K T Wd SHINGTON Address: 220 Fourth Avenue 5. Kent, WA. 98032-5895 October 17, 2013 TO: Kent City Council Parks and Human Services Committee FROM: Jeff Watling, Director of Parks, Recreation & Community Services SUBJECT: 2013 Third Quarter Report - INFO ONLY MOTION: INFO ONLY SUMMARY: Jeff Watling, Director of Parks, Recreation and Community Services, will highlight division programs and services, as well as all in-kind, and/or cash contributions received during the third quarter of 2013. EXHIBITS: None BUDGET IMPACT: None i j I i Page 100 Page 101 Kent Parks, Recreation and Community Services 2013 Third Quarter Report Recreation Adaptive Recreation Program / Service Highlights Studio 315 continues to be in high demand and by far the most popular program. Participants enjoyed the annual BBQ at Van Doren's Landing, Box Dinner Bingo, the Summer Beach Party and an Ice Cream Social. There were eleven community outings this winter. Some of which included Theo Chocolate Factory Tour, MOHAI, Aplets and Cotlets Factory Tour in Cashmere, Hiking at Mount St. Helens, and Brunch and a Movie. Creative ArtSpace: Offers an opportunity for creative expression through a variety of art mediums. 23 participants fine-tuned their artistic skills in two - 6 day classes. Softball and T-Ball had a great season. Two teams involving 22 athletes both participated in the Special Olympics Regional Tournament in Issaquah. The masters 6 team took 6t" overall. The masters 5 team took home the gold and then went onto the State Tournament to take the silver medal. T-Ball had 21 athletes who participated in the Special Olympics Regional Tournament. They took home the bronze medal out of a 7 team bracket. Access the Future Computer Classes were at capacity with 2 full rosters of 7 participants. Students learned a variety of computer skills during the 7 day program. Zumba Gold is not just a passing fad! 10 students increased their fitness levels while dancing to high energy Latin music and having fun with friends during the 8- week program. Flexi Fit and Fun and Get Fit While You Sit filled with 18 participants increased strength, balance coordination and endurance during this 8-week program. WALKAPALA TOO averaged 51inclusive participants each week for 8 weeks this summer. They enjoyed a variety of fieldtrips like swimming at Stewart Heights Pool, Museum of Flight, and Gameworks to name a few. Participant Comments: • "Camp WALKAPALA TOO helped so much with our childcare needs. Bella was in a great mood when we would pick her up from camp. That was not always the case when we left her with a babysitter." • See attached letters from participants, 1 Page 102 Performance Outcomes 1. How much did we do? _ Number of duplicated visits to the facility 2,076 Number of classes, workshops, trips 33 Number of registered participants 395 2. How well did we do it? Percent of classes workshops, trips at or above enrollment target 100% Percent of classes_completed 100% 3. Is anyone better off? Percent of participants reported a quality of life benefit 95% Youth and Teen Program / Service Highlights New: Teen Camp kept teens 71h grade - 91h grade busy this summer with sports, cooking, fieldtrips and hip hop dance lessons. Resident Camp @ Waskowitz with 98 campers ages 5th, 6`h and 71h grade and 36 volunteer staff enjoyed a great week of camping in Northbend. 51 students in the Kent School District attended on scholarship. The dollars used to pay for campers was raised at the annual Concert for Camp held at Emerald Queen Casino. Summer Playgrounds had 5 park sites filled with games, events, activities, free lunches, 4 Fun Friday special events and amazing weather. Thanks to community partners, Communities in School of Kent, Kent Library and Umpqua Bank, we added a recycling program, reading days, a magic/comedy show at 3 sites and Umpqua bank also came in clutch with an ice cream truck that went out to all the Playground Sites and handed out free ice cream to the participants. Kent Parks Community Center kept busy over the summer as well. Along with our normal daily programs of full court basketball, breakdancing, game room activities, boxing and the music studio we also managed to fit in a few events. Graduation BBQ to celebrate the senior finally making it through high school. 11 different groups performed various dances and songs. Seven different food and resource vendors. Is' Annual All-Star Basketball Event sponsored by Umpqua Bank provided shirts for all the teens. 100 people came out to watch the participants compete in a 3 point competition, skills challenge, dunk contest and staff vs. teen's game. Last, but not least the National Night Out was once again a huge success. 150 people came out to show support for the community, eat some free BBQ, play a little hoop, listen to some good music and jump around the bouncy house. Camp WALKAPALA and the Camp WALKAPALA Counselor In Training Program. The kids loved all the activities during the themed weeks and especially the field trips! 2 Page 103 Participant Comments: • "My daughter was eager to get there every morning. She loved the activities, games, and overall field trips. My hats off to this great program and staff members, keep up the great and amazing job. Congratulations and thank you!" • "We loved that the program was structured, fun, and encouraged positive behavior." • "I loved that the staff new his name and greeted him cheerfully when he arrived. Way to hire positive role models!" See attached letters from Resident Camp at Waskowitz campers. Performance Outcomes 1. How much did we do? Number of duplicated visits to the facility 13,863 Number of classes, workshops, trips 34 Number of registered participants 746 2. How well did we do it? Percent of classes, workshops, trips at or above enrollment_target 800/0 Percent of classes completed 1000/0 3. Is anyone better off? Percent of participants reported a quality of life benefit 95% Senior Center Program / Service Highlights "Happenings at The Place" held in July was the Senior Activity Center's Open House, providing information about the Center's programs through demonstrations and info booths. Sponsored by SHAG housing, this event included a dinner and dancing to live music by Randy Litch. The Kent Fire Department's FDCares program hosted the annual Senior Wellness Day in September at the Senior Activity Center. 28 vendors participated in this event. Lunch was provided by Stafford Suites and Farrington Court. Ginger Passarelli, the "Soup Lady", provided the lunch time program, speaking about her group's efforts to serve meals to those in need during disasters. Over 250 seniors attended the event, receiving valuable information about senior issues as well as the opportunity to win fabulous door prizes. The Kent Firefighters Foundation subsidized lunch for 160 seniors, while also helping to set up, serve and clean up after lunch. Representatives from the U.S. Social Security Administration discussed changes in the Social Security program and how it affects citizens of all ages. The Senior Activity Center held its first LGBT social event. Nine attended this event that was open to the LGBT community,.friends, family and allies. The group discussed future events and get togethers and want to encourage others to attend. Valley Cities Counseling is facilitating the group and will be having twice monthly LGBT support groups. 3 Page 104 Performance Outcomes 1. How much did we do? ;18 563 Number of du licated visits to the facilitNumber of classes, workshops, trips Number of registered participants 18D 2. How well did we do it? Percent of classes, workshops at or above enrollment target Percent of trips at or above enrollment target 89% Percent of classes/trips completed 89% 3. Is anyone better off: Percent of participants reported a quality of life_ benefit 92% Participant Comments "My experience at the Kent Senior Center has given me a whole new vision of my city. I've noticed that some local communities either don't have a center for their seniors or they provide the bare minimum. Thank you for your compassion for the senior community of Kent." Larry. Cultural Programs Division Program / Service Highlights Fourth of July Splash Approximately 18,000 people attended Kent's Fourth of July Splash at Lake Meridian Park. The event featured community showcase performances and a professional headline performances by James King &the Southsiders and Bobby Medina & his Red Hot Band on the stage, games and hands-on activities, food booths and, of course, the fireworks display. Summer Concert Series The 2013 Summer Concert Series featured 18 performances in three locations: Wednesday Picnic Performances for kids at Town Square Plaza, Take-Out Tuesdays at Kent Station and Thursdays at the Lake at Lake Meridian. Total attendance was nearly the same as last year - 7,150 (7,675 in 2012). Wednesday Picnic Performances for children were very popular once again with total attendance of 3,450. Thursdays at the Lake were also very well-attended with a total of 2,400. Take-Out Tuesdays at Kent Station drew a sold attendance of 1,300. The series brought in $21,000 in sponsorship revenue and grant revenue; $6,500 more than last year. Cornucopia Days Run 567 people registered (and 536 crossed_ the finish line) for the 2013 Cornucopia Days Run on July 13, nearly identical to the 2012 numbers. Sponsorship was strong in 2013. The Tab Wizard again generously paid for all participants age 60 and over. 99 people took advantage of the special opportunity, about 26 more than last year. The event netted $4,700. 4 i i Page 105 City Art Collection Maintenance ® Tina Hoggatt's Whirligig sculptures at Lake Meridian Park were refurbished and reinstalled by Artech. ® Artist Steve Jensen completed maintenance work on his totem poles and reinstalled at Three Friends Fishing Hole. • Joel Lee of Art Wrangler continues to conduct maintenance on the outdoor public art collection. He completed repairs on Barbara Grygutis' "Water" sculpture at East Hill Park, Charles Biggers' "Fiddleheads and Family Tile Project" at Canterbury Park, and Peter Reiquam's "Big Corn." Spotlight Series "Sister's Summer School," the latest in the sinfully funny Late Nite Catechism series, opened the 2013-2014 Spotlight Series on Friday, September 20, Centennial Center Gallery Mauricio Robalino's digital drawings, gouache paintings, and collages are on display in the Centennial Center Gallery in September and October. Performance Outcomes 1. How much did we do? Number of events 21 Combined attendance at events 22,717 Number of educational outreach activities 1 Attendance at educational outreach activities 60 2. How well did we do it? Percent of people attending performances that agreed or strongly 97% agreed that the cost/value of the performance was good. Percent of people attending performances that agreed or strongly 94% agreed that the quality/content of the performance was good. Percent of people attending performances that reported they would 100% recommend Spotlight Series to others. 3. Is anyone better off? Percent of Spotlight Series audience members that agreed or strongly 60% agreed the performance they had just attended broadened their cultural horizons. Percent of Spotlight Series audience members that agreed or strongly 73% agreed the performance they had just attended provided an opportunity for social connection. Percent of Spotlight Series audience members that agreed or strongly 84% agreed the performance they had just attended helped them relieve stress. 5 Page 106 Recreation Division — Kent Commons Lake Meridian Park made the top 10 most visited web sites along with the Parks Department Home Page for the City this quarter. This was the first time for Lake Meridian Park making the top 10 list. In addition, the Lake Meridian Swim Season, that provides Lifeguard supervision, had a great season with a record number of patrons that visited the beach. There were 91,802 visitors that enjoyed the Kent Parks Lifeguard supervised beach area. As an urban community center the Kent Commons continues to foster inclusiveness creating connections and a place to gather for citizens of the community. The Kent Commons Community Center had 40,826 visitors that enjoyed the facility this quarter. A goal for the Recreation Division is to promote connections, inclusiveness, and support for customers and neighborhoods within the City. Volunteers help provide this connection. Volunteer provided 2,400 hours of support with help in youth sport programs and classes. Many programs and events could not be possible without volunteer involvement. There were over 140 volunteers involved this quarter and over 280 volunteers attended a celebration party in their honor at the Kent Valley Ice Centre. The Parks Department has a number of popular urban centers that bring people together and connect them to the downtown area during the Summer season. Tournament Softball Promoters/Directors had a great season using the Russell Road Softball Complex, Service Club Ballfields, and Kent Memorial Park. The fields were booked for the season (May-September). The sports complexes and their events bring in hundreds of teams and thousands of people to Kent. There were 4 Youth Sport Jamborees held to kick-off the season in soccer, flag football, and Junior Hoopsters Basketball. The 2 jamborees in soccer had over 1,000 spectators plus the participants for each event. Practice games, parents meeting parents, team pictures, City Staff introductions, and snacks were included in the festivities. A total of over 1,472 youth were involved in the programs which unites residents and neighborhoods throughout Kent. 11. How much did we do? Number of Recreational/Cultural Educational Programs 322 Hours worked by Recreation Volunteers 2,400 Youth Sport Sponsorship $12,075 Quarterly Kent Commons Visitor Count 401,826 2. How well did we do it? Percent of classes, programs at or above enrollment target 90% Percent of participants that reported the content and quality of the 85% program was excellent, very good, or good Percent of participants that reported the staff and instructors were 900/0 excellent, very good, or good 6 Page 107 Participant Comments: • "She is doing better in school due to dance class" • "we love all of the programs we take" • Improved her ability to take directions" • "my daughter's self-esteem has improved and it is good exercise" • "great part of a team & community" • "helps her diabetes and she want to be in a talent show at school" • "she loves to sing now" • "wonderful program for girls and physical fitness is great" • "her behavior has improved" • "gets to meet new friends" • "The instructor is important to us and a great teacher" • "made my child confident in her abilities" • "my daughter has become stronger and wants to be a part" • "love the location and it is clean" Parks Planning & Development Program / Service Highlights PPD began work on the Kent Valley Loop Trail master plan this quarter. This effort initiated the planning work for a loop trail that connects the Interurban and Green River Trails at the north end of the city (they already connect at the south end at Foster Park), as well as plan and site improvements to make the trail safe, convenient and attractive to users. In August Parks set up an online survey, which received 275 responses. The consultant, informed in part by the survey results, has completed a first draft of alternatives. We also coordinated with Operations to begin work on renovations to Seven Oaks Park. Work is expected to be complete by November. Parks hosted 14 park stewardship events this quarter, attracting 418 volunteers (who donated a total of 1609 hours) and benefitting several parks. These events included work on 4 Eagle Scout projects. Performance Outcomes 1. How much did we do? Park Master Plan for the Kent Valley Loop Trail - underway) 1 Park renovation at Seven Oaks Park - underway) 1 Coordination with Public Works on levee projects at or near parks 4 Coordination with Army Corps on environmental restoration projects 2 at or near parks Number of volunteer events 14 Total number of volunteers 418 7 Page 108 Total number of volunteer hours 1,609 Number of Eagle Scout projects completed 4 2. How well did we do it? Planning and construction projects still underway Coordination efforts still underway New trails constructed- linear feet 270 Newsquare footage cleared at Green Kent events 11,970 Cubic yds. of debris removed at events 130 Cubic yards of chips spread 178 Green Kent e-newsletters - current distribution 2,133 Green Kent Facebook page followers 155 3. Is anyone better off? Councilmember Dana Ralph's comment to Steward lead Desiree Kennedy at the Green Kent booth during Cornucopia Days: "I want to let you know I have been listening to you give your Green Kent speech and I think you do an excellent job of communicating the importance of the Green Kent Partnership and also explaining about the restoration work the partnership has been able to accomplish. It can be a complicated thing to explain because there is a lot of detailed information that goes along with this project, but you are doing a great job of hitting all the important points and really selling to the community on why the Green Kent Partnership is so important." After reading about our Green Kent summer intern in our Green Kent Newsletter, The Kiwanis Club of Kent was so impressed, they honored him with their Everyday Hero Award. Facilities Program / Service Highlights • Hired three new employees this summer. • Conducted regular HVAC building maintenance: • Preventative Maintenance • Filter changes • Trouble calls • Alarms • Emergencies and call outs • Completed installation of AES radios city wide with Cintas Fire. • Generator load testing - all buildings. 8 Page 109 • Generator servicing - all buildings. • Insurance inspections - all buildings. • Office Reconfigurations - Parks Planning, HR, Multimedia, Public Works. • Fire watch due to storm damage to monitoring system - all buildings. • Contracted with SimplexGrinnell to provide fire/security monitoring and fire protection services for the City of Kent city-wide. • Worked with Holmes Electric to replace wiring and make repairs to light poles that were vandalized in parking lot - Senior Center. • Secured building and made arrangements for new window installation due to vandalism - Neely Soames, • Contracted with Cedar Creek Contractors to replace concrete entryway - Muni Court. • Processing contract with RFI Communications for access control upgrades - PD, Annex, Shops. • Working with Parks Operations to set three irrigations valves for future irrigations needs - Muni Court. • Working on walkway lighting project - Muni Court. • Testing out TMA upgrade. • Completed lease agreement with Way Back Inn Foundation. • Performed PMs on all automatic vehicle gates. • Completed porch and column repairs - Historical Museum. • Interior painting - Muni Court, Shops. • Installed new electrical circuits - Shops, Station 76 maintenance shop, ECD, PD. • Painted exterior - Station 73. • Replaced duct work - PW shops. • Completed work requests city-wide. • Refinished wood floor at KMP with new wax we are testing, holding up nicely so fa r,. • Carpets cleaned - Centennial completed, Senior Center, Muni Court, PD. 9 Page 110 Performance Outcomes 1. How much did we do? Number of Work Orders 249 2. How well did we do it? Number of Work Requests Closed 198 Percent of Work Requests Closed 79% 3. Is anyone better off? Yes Well maintained City assets Inviting and comfortable buildings for citizens and employees Riverbend Golf Complex Program / Services Highlights The weather had a major impact on rounds of golf as well as revenue in the third quarter. One wet weekend in mid-August and nearly five times the normal rainfall in September had negative impacts on rounds of golf as well as the revenue. Rounds of golf at the 18 Hole golf course were up 4.9% in July and down by 4% in August due to one wet weekend, and down 7.1% in September due to the increased rainfall for the month. For the quarter rounds of golf at the 18 Hole golf course were down 6.0% compared to 2012. Rounds of golf at the Par 3 golf course were down 1.9% in July and up 1.6% in August, and down 34.5% in September due to the increased rainfall for the month. For the quarter rounds of golf at the Par 3 golf course were down 15.9% compared to 2012. Driving range ball sales were down 6.9% for the quarter compared to 2012, due largely to the increased rainfall in September. Merchandise Center retail sales were down 0.9% for the quarter compared to 2012 with a noticeable drop in sales for the month of September. Weather is the biggest factor impacting rounds of golf and the golf complex revenue. When comparing the 2013 rounds of golf and revenue to 2012 it is important to remember that in 2012 there was an 80 day stretch of no rain during the third quarter. In September 2012 the rainfall total was less than 0.30 inches, this year the rainfall for September over 7 inches. Performance Outcomes 1. How much did we do? Rounds of Golf at the 18 hole golf course 21 322 Rounds of Golf at the Par 3 golf course 11,308 Driving Range - Range Ball sales $118860 Merchandise Center retail sales $126371 10 Page 111 3. How well did we do it? Compared to_ 2012 Rounds of golf at the 18 hole golf course -6.0% Rounds of golf at the Par 3 golf course -15.9% Driving Range - Range Ball sales -6.9% Merchandise Center retail sales -0.9% Parks Operations Program / Service Highlights Downtown core The new plants in the island beds on Meeker as well as the new container plants have successfully established. Staff is now working on plans for other areas at City Hall, Centennial to update tired landscaping. The City has also been working with the Downtown Partnership to support the next phase of their efforts to beautify the downtown core. Town Square Plaza fountain is operational for the season however there have been periodic closures for repairs and maintenance through the summer. This has been another successful event season at the Plaza having again hosted the Saturday Market, Cornucopia and the Summer Concert series. Most of the street trees that were removed due to storm damage have been replaced with a few remaining that will be replaced by staff prior to the end of fall. Issues with litter and garbage continue in the downtown core requiring continuous attention by staff. Green Kent/Community/Volunteer events Staff provided support for many successful volunteer and Green Kent Steward events at East Hill, Morrill Meadows, West Fenwick, Lake Fenwick, Clark Lake and Campus parks. Athletic complexes The athletic complexes are winding down for the season with a planned wrap up in the first week of October. 3500 square feet of infield turf will be replaced at Kent Memorial Park to fix wear and tear issues. Outfield and perimeter fencing repairs, scoreboard repairs and light repairs are planned through the end of the summer at all of the complexes. Neighborhood and Community Parks The KaBOOM event at Turnkey was a success and the renovated playground areas are very popular. The work done by the volunteers in the rain garden has required extra maintenance time to ensure the establishment of the new plants through the unusually dry summer. Turf maintenance is underway at most of the Community parks utilizing phosphorus free fertilizer to meet the new regulatory requirement. Staff is conducting soil tests to monitor the effects of the new program. Maintenance Highlights The Tree Keeper database has gone "live" with assistance from the Davey Resource Group. A trial period was conducted to ensure accurate data and to familiarize staff 11 Page 112 with the system. The implementation of this system will allow staff to track the condition and prioritize care and maintenance of the City's trees once the entire inventory is complete. The evaluation of a centralized irrigation control system at Van Doren's is still underway. This test location was used to evaluate the system for potential and if implemented will allow more active water management in the parks. The results summary is expected to be completed by the end of October. Performance Outcomes 1. How much did we do? Number of trees that have been surveyed for tracking and 2,300 monitoring. 2. How well did we do it? Utilizing the Tree Keeper management system we will be able to Evaluation track and monitor the tree assets in the City_ underway 3. Is anyone better off? Staff will be able assess the City's urban forest much more 100% accurately and be able to assign resources to tree care maintenance much more strategically and efficiently. 12 i Page 113 3 I 1 I f , l i 1 r t r r 4 •� r � F P' f T y �t t f 7 +i I I _---- t 9 i i I --- - i Page114 ! 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III v L Z U U U U U U U U U U ° - - M m 0 L L L L L L L L L L m o 0 0 0 0 0 0 0 0 o ` ` m m j E 'E 'E 'E 'E 'E ' vLE 'E 'E 'E u y y V V Page 124 Page 125 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 ® Fax: 253-856-6050 KENT WASHI "G'° " Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 October 17, 2013 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