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HomeMy WebLinkAboutCity Council Committees - Parks and Human Services - 01/22/2015 (3) KENT Parks and Human Services Committee Meeting Councilmembers: Deborah Ranniger, Chair • Dennis Higgins • Brenda Fincher January 22, 2015 - 5:00 p.m. Roll Call Changes to Agenda Item Description Action Speaker(s) Minutes Page 1. Approve minutes dated November 25, YES Council n/a 01 2014 2. Goods and Services Agreement with YES Brian Levenhagen 05 07 KOMPAN, Inc. for Play Equipment at Kent Memorial Park - Authorize 3. 2014 Fourth Quarter Fee-in-Lieu Funds - YES Brian Levenhagen 05 23 Accept 4. Severe Weather Shelter Update - INFO NO Merina Hanson 05 27 ONLY 5. Director's Report - INFO ONLY NO Jeff Watling 05 29 Unless otherwise noted, the Parks and Human Services Committee meets the 4th Thursday of each month at 5:00 p.m. in Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032 For additional information or questions, please contact Teri Petrole at (253) 856-5101 / tpetrole(ab kentwa.gov 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 KEN* T Special Parks and Human Services Committee Meeting Minutes Councilmembers: Deborah Ranniger, Chair Dennis Higgins • Brenda Fincher November 25, 2014 - 4:30 p.m. Call to Order: Committee Chair Debbie Ranniger called the meeting to order at 4:30 p.m. Roll Call: Chair Debbie Ranniger, Committee members Dennis Higgins and Brenda Fincher were in attendance. Changes to agenda: None 1. Minutes Dated October 23, 2014 - Approve Committee member Fincher MOVED to approve the minutes dated October 23, 2014. Committee member Higgins SECONDED. The motion PASSED 3-0. 2. 2015 - 2017 Indigent Counsel Agreement - Authorize Katherin Johnson, Manager of the Housing and Human Services division, explained that the Indigent Counsel Agreement was brought back to the committee prior to final budget acceptance. The City of Kent is required by statute to provide Indigent Defense services for individuals unable to afford legal representation when charged with a crime in Kent Municipal Court. Recent state case law and court rules dramatically changed the city`s compliance standards for indigent defense. The current indigent defense contract with Stewart, MacNichols, and Harmell, Inc., P.S. (SMH) expires at the end of this year. The new agreement includes substantial amendments to achieve compliance with the new standards. The new contract sets performance expectations and compliance requirements, drops the case-weighting system used in the previous contract, and increases the annual fee for services to $900,000. i The fee increase is included in the 2015/2016 budget request. Staff recommends approving the contract with Stewart, MacNichols, and Harmell for the next three years with automatic renewals for the following 3 year period. The exhibits included two contracts, one with the track-changes and one without so that the revisions between the current contract and the proposed contract can be reviewed. Page 1 I Page 2 Once the committee makes its recommendation to the council, the parks department will hire an outside attorney to review and finalize the agreement. Because the city attorney's office prosecutes cases that SMH defends against, state law mandates that the city attorney's office cannot negotiate or approve final contract language. Housing and Human Services Manager Katherin Johnson introduced attorneys Ken Harmell and Scott Stewart in the audience. The committee members commented on already being briefed on the changes to the indigent counsel agreement at council budget meetings and specifically the increase in caseload. Committee member Higgins moved to recommend Council authorize the Mayor to sign the agreement for indigent defense services with Stewart, MacNichols, and Harmell, Inc., P.S., subject to final terms and conditions acceptable to the Parks Director and outside counsel. Committee member Fincher SECONDED. The motion PASSED 3-0. 3 2014 4Culture Sustained Support Grant Agreement - Authorize Cultural Programs Manager Ronda Billerbeck announced that 4Culture awarded the Kent Arts Commission $17,000 in Sustained Support funding through a competitive grant process. The funding provides 2014 programs, including Spotlight Series performances, Kent Kids' Arts Day, and the Kent Summer Concert Series, Committee member Fincher moved to recommend Council authorize the Mayor to accept the Sustained Support grant from 4Culture in the amount of $17,000 to support the Kent Arts Commission's 2014 programs, to sign all necessary grant documents, and to amend the budget and authorize expenditure of the funds in accordance with final grant terms and conditions acceptable to the Parks Director and City Attorney. Committee member Higgins SECONDED. The motion PASSED 3-0. 4 McKinstry Essention LLC Energy Services Performance-Based Contract for Riverbend Golf Complex - Authorize Alex Ackley, Superintendent of Facilities, reported that in 2007, the city identified a need to replace its aging heating, ventilation, and air conditioning (HVAC) systems with equipment that was more energy efficient and required less maintenance time. Staff interviewed all Energy Services Companies (ESCO's) that responded and selected McKinstry as the city's ESCO provider. Upon selection, McKinstry conducted a Directed Engineering Study at targeted city facilities which included Riverbend Golf Course. In 2010, the city executed a performance based contract with McKinstry to replace heat pumps in the Centennial Center and funded by a Department of Energy grant. Page 2 Page 3 Staff is recommending that council enter into a performance-based contract with McKinstry to install facility improvement measures that were identified in the Directed Engineering Study for the Riverbend Golf Course. The HVAC equipment at Riverbend is 25 years old and a mixture of different equipment types. This facility improvement measure would improve energy efficiency, reduce maintenance costs, and improve the level of comfort to the golf course patrons. This project would be funded by facilities capital in the amount of $752,796. Staff submitted a grant request to the Department of Commerce in the amount of $125,000. If this grant is awarded, it would reduce the capital expenditure of facilities capital for this project to $627,000. Using an ESCO for performance-based contracting benefits the city by ensuring its cost and energy savings calculations using measurement and verification reports for one year after the installed improvements. Higgins asked about reinvesting in the complex if the Par 3 is sold. Watling responded that the HVAC renovation project is for the 18-hole club house and not the Par 3 site. Ranniger asked about the life span of the equipment. Ackley responded that 15 years is standard, but staff has seen 20-25 years in the current equipment and expect to have the same success in increasing the life span of the new equipment. Ackley continued that a bonus to this project is downsizing existing equipment. The old boiler will be eliminated. Committee member Higgins moved to recommend Council authorize the Mayor to sign the Energy Services Performance-Based Contract with McKinstry Essention, LLC, in an amount not to exceed $752,796, subject to final terms and conditions acceptable to the Parks Director and City Attorney. Committee member Fincher SECONDED. The motion PASSED 3-0. 5 New Cingular Wireless PCS LLC Lease Agreement for Hogan Park at Russell Road - Authorize Superintendent of Park Operations, Garin Lee reported that New Cingular Wireless PCS, LLC (AT&T Mobility Corporation) is requesting authorization to install wireless communications equipment at Hogan Park at Russell Road. Lee pointed out that the proposed location is the vacant site of previously installed cellular equipment. As part of the lease agreement, New Cingular Wireless PCS, LLC will pay the city $2,800.00 per month, plus annual adjustments. The funds will support the Parks Capital Fund - Lifecycle Projects. Fincher asked what sort of equipment would be installed. Lee responded a mono pole and a 126 x 20 foot shed to support the equipment. The shed would be designed to mimic other structures in the park. Page 3 Page 4 I Council member Higgins asked about maintenance. Lee responded that AT&T Mobility will be responsible for maintenance of the equipment and shed. Higgins was pleased that the park will benefit by getting a new light pole to house the equipment as well. Committee member Fincher moved to recommend Council authorize the Mayor to enter into a lease agreement with New Cingular Wireless PCS, LLC to install wireless communications equipment at Hogan Park at Russell Road, to accept the monthly lease fee of $2,800.00, and to approve the expenditure of funds in the Parks Capital budget, subject to final terms and conditions acceptable to the Parks Director and City Attorney. Committee member Higgins SECONDED. The motion PASSED 3-0. 6. Severe Weather Shelter - INFO ONLY Chair Ranniger explained that, at the last council meeting, a number of folks raised some concerns about the city's severe weather shelter policy. At that time she asked to have it on the next Parks Committee agenda. Specifically, council wanted to know - what is the city's policy, what are the options, and should the city explore some possible adjustments. Katherin Johnson, Manager of the Housing and Human Services, reported that the city's policy mirrors Renton's policy, which was originally adopted by using Kent's policy. The city's policy is consistent with policies throughout the county. The policy is not written in stone and numerous times, with ice, snow, and excessive rain, the city has opened the shelter with the help of our partners even though it wasn't meeting all the qualifications as set by the policy. j Johnson explained that opening the shelter is a partnership. Kent Lutheran Church provides the facility and the consumable goods (toilet paper, coffee cups, etc.), they also provide a church staff person for set up and monitoring the building. Catholic Community Services (CCS) provides the two staff members while the shelter is open. The city pays for these two staff members. CCS also provides staff for Federal Way and Renton, which can be challenging for their staff to meet the needs of local shelters. There is a process to open the shelter. The weather is looked at, how extreme it is, the impacts, and how long it could potentially last. Kent Lutheran Church is called to see if the facility is available, then CCS is contacted to see if staff is available. The shelter is not budgeted as a line item, it is money that staff has to find. It generally costs the city between $600-700 per night to have the shelter open. At the same time, staff is working with Multi Service Center to provide motel vouchers for families and the elderly. Prior to 2010 and Kent Lutheran Church donating their facility, the city relied totally on motel vouchers - that was very expensive. Page 4 Page 5 i During the recent cold weather, the shelter was open for Saturday and Sunday. Staff worked with the Multi Service Center to provide motel vouchers as well. Bus passes were issued to transport homeless to local shelters, such as Auburn and Renton. The shelter is "low barrier" meaning a person can be intoxicated but must behave. Low barrier shelters are difficult because the users are often under the influence. Council member Fincher asked about Auburn being open. Johnson replied that it's not a formal rotation, but the reality of homeless is that it doesn't know city limits. Some will be in Kent, Auburn or Renton. When it became difficult to open the Kent shelter, the Renton, Auburn and Federal Way shelters were open. And, because they opened first this, Kent will open first next time. Watling added that the Severe Weather Shelter is not a service out of isolation. It is a team process and if a revised policy is what we want to do, all the partners need to be involved in that conversation. Chair Ranniger asked if the partners meet regularly to discuss shelters. Johnson said that CCS, Kent Lutheran, and Human Services staff meet once a year to review the contract, requirements and to discuss "what if' scenarios. The meeting this year was a week before the storm. Committee member Fincher asked what the system is to get from Kent to Renton or Auburn. Johnson replied that it is up to the users to get to the other shelters in the area. Chair Ranniger asked what the committee wants to do to move forward and should the group reconvene? Committee member Fincher felt that the city needs to find out what can be done to help with staffing. She suggested finding grant money. Johnson responded that this is something that grants don't support; it will have to come from the city. Committee member Higgins stated that if the city just ups the budget, it won't solve the problem. We still need to negotiate with our partners. We need to have this discussion. Johnson clarified that this is not a budgeted item. It's from the city's emergency money. One of the topics of concern was changing the opening of shelters to 35 degrees which would greatly affect funding because the shelter could potentially be open for months. Committee member Higgins remarked that some communications he has received disputed that Renton's shelter opening policy was copied from Kent's. Human Services Planner Merina Hanson felt that some of the information being published is confusing and simply an interpretation of Renton's policy, not necessarily accurate. Hanson stated that occasionally, plans don't work out like the Page 5 Page 6 community would prefer, but she feels the city does a pretty good job of opening the shelters and working with local cities. Staff works really hard to have shelters open during life threatening weather. Committee member Fincher asked for data; how often has the shelter been open, how often when partner shelters weren't open, what was temperature, and how many users were there. Chair Ranniger remarked that it sounds like the committee wants more information and the desire to continue the discussion. She asked for a part two update at an upcoming committee meeting. Watling agreed that staff will have a conversation with the city's partners and report back to the committee. Watling added that he hopes the conversation isn't about disputing what Renton's policy is, reiterating that a conversation needs to occur with the city's partners, Kent Lutheran Church and Catholic Community Services. Committee member Fincher agreed, adding that it would be good to have a base line of what's going on, what the city is doing now, and how people are affected. 7. Director's Report Watling stated, no Director's Report - Happy Thanksgiving to all! Chair Ranniger adjourned the meeting at 5:30 p.m. Respectfully submitted, Twi Ae/wo1e Teri Petrole Council Committee Recorder Page 6 Page 7 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director 440 Phone: 253-856-5100 • Fax: 253-856-6050 KENT WAS KING-0N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 January 22, 2015 TO: Kent City Council Parks and Human Services Committee FROM: Brian Levenhagen, Parks Planning and Development Planner SUBJECT: Goods and Services Agreement with KOMPAN, Inc. for Play Equipment at Kent Memorial Park - Authorize MOTION: Move to recommend authorizing the Mayor to sign the agreement with KOMPAN, Inc. in the amount of $42,571.00, including Washington State Sales Tax, for the purchase and delivery of new play equipment for Kent Memorial Park, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. SUMMARY: In addition to its primary use for baseball, Kent Memorial Park serves as a neighborhood park for the 1,622 children under the age of 14 in its census tract. Many of the park users live in the over 1,000 multi-family housing units within a half mile of the park. The existing playground was installed in 1997. It is heavily used and in a state of deterioration. Typical playgrounds have a useful life of 15 years in a public park setting. A number of play elements have broken and been removed from the playground. This "Explorer Dome" will be the anchor piece of equipment in the re-development of the play area this year, providing an opportunity for children to participate in safe, creative, unstructured play. If authorized, the purchase will be process through the U.S. Communities Cooperative Purchasing Agreement. EXHIBITS: Draft Goods & Services Agreement including Sales Proposal BUDGET IMPACTS: Expenditure impacts the Parks Lifecycle Budget Page 8 Page 9 wn�nxaroH GOODS & SERVICES AGREEMENT I between the City Of Kent and KOMPAN, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and KOMPAN organized under the laws of the State of Washington, located and doing business at 930 Broadway, Tacoma, Washington 98402; 888- 579-8223 (hereinafter the "Vendor"). AGREEMENT i I. DESCRIPTION OF WORK. I Vendor shall provide the following goods and materials and/or perform the following services for the City: As described in Exhibit A, hereto attached: Provide and deliver one (1) Explorer Dome playground structure, for installation in Kent Memorial Park in 2015, This agreement is for equipment purchase only, no labor or installation will be provided by the vendor, This purchase is funded by the Parks Lifecycle Budget. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by September 30, 2015. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Forty- Two Thousand; Five Hundred Seventy-one dollars and no cents ($42,571.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: i i GOODS & SERVICES AGREEMENT - 1 fn,,a, &Yn nnn nn IA/QQTI Page 10 Vendor will submit a single Invoice If the City objects to all or any portion of an invoice, it shall notify Vendor 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. A, Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services, If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 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: i A. The Vendor 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 Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor 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. GOODS &SERVICES AGREEMENT - 2 (Over S10,000,00, lncludinq WSST Page 11 E. The Vendor has registered Its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor 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, VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change Increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM I WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY I GOODS &SERVICES AGREEMENT - 3 (nvPr tln nnn n2. inritirtinn W.S.4T) Page 12 CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; i 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest, C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to GOODS &SERVICES AGREEMENT - 4 (Over$10,000.00, including WSST) Page 13 correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor 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. XI. INDEMNIFICATION. Vendor 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 Vendor'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 Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'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 Vendor 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 Vendor's part, then Vendor 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 Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor 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. XIII. WORK PERFORMED AT VENDOR'S RISK, Vendor 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 Vendor's own risk, and Vendor 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. i GOODS &SERVICES AGREEMENT - 5 (Over$10,000,00, including WSST) Page 14 XIV. 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. i 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; prvMed, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI 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 Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. GOODS & SERVICES AGREEMENT- 6 (Over `t10.000.00. includina WSST Page 15 I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. 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. I IN WITNESS, the parties below execute this Agreement, which shall become j effective on the last date entered below. VENDOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its, Mavor (titre) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Peter Tammetta Brian Levenhagen Highwire Inc. City of Kent 1901 S. Jefferson, Ste 301 220 Fourth Avenue South Tacoma, WA 98402 Kent, WA 98032 (206) 661-8320 (telephone) (253) 253-856-5116 (telephone) peter@highwireus.com bjlevenhagen@kentwa.gov APPROVED AS TO FORM: 1 Kent Law Department P:\Planning\Kent Memorial Park\Play round3015\Expiomr Dome oontraa doa\Explorer PomeLOMR =O,o GOODS &SERVICES AGREEMENT - 7 (Over ,t70.0nn.00. inGudina WSST) Page 16 DECLARATION I CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY i The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: For: Title: Date: i II EEO COMPLIANCE DOCUMENTS - I of 3 _— -- - ----------- Page 17 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. i 11 Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. I . ......... i EEO COMPLIANCE DOCUMENTS - 2 of 3 Page 18 i i CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. i I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: i For: Title: j Date: i j i i EEO COMPLIANCE DOCUMENTS - 3 of 3 Page 19 EXHIBIT INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS 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 and shall cover liability arising from premises, operations, Independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 1185 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits; 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. i C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance; Page 20 I EXHIBIT B (Continued) 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. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. I E. 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 insurance requirements of the Contractor before commencement of the work. F. 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. �I i Page 21 i EXHIBIT A I ® SALES PROPOSAL KOMPANs °!, COROCORQ '...... �. KOMPAN, INC.*930 Broadway,Tacoma,WA 08402*Tel 1-888-579-8223*Fax 1-888-579-8224*www.kompan.Com KOMPAN is a proud supplier partner of Date 01116115 Expiration Date 02/16115 Proposal No. SP33742 US.COMMUNI T'`IEi Project City of Kent UGOVEERNNWNT PU1Yt:HA51NO ALLIANC3 Ship to StateiZip WA 98032 Customer Service Representative Asca y?lY*-0 Rfip' Sales Representative Highwire Payment Terms NET30 Site Location: 160359 - City of Kent TBD Kent, 98032 United States , Invoice-to: 160359 Ship-to: City of Kent City of Kent 220 4th Ave.S. TBD Kent,WA 98032 Kent,WA 98032 United States United States Phung Huynh Phung Huynh City, Item No. Descrtption Unit Price Retail Price Dlsc..% Net Price— -- U.S.Communities Contract#110171 I I 1 CORS8630203 EXPLORER DOME Green Ropes 52,250.00 52,250.00 23.45 39,995.00 1 FRT-PA Freight Middletown PA 2,576.00 2,576.00 2,576.00 Total Comments: This quote assumes direct delivery. '..... This quote includes a charge for liftgate service. '.. This quote is for equipment only.No site work,or installation Is Included in this proposal. Please allow 6-10 weeks for product delivery upon order placement. Page 22 EXHIBIT A(Continued) Summary: Retail Price Discount Net Price L. Subtotal-KOMPAN Products 62,250.00 12.256,00 39,995,00 0.00 0,00 0,00 Subtotal-Other Products Subtotal-Surfacing 0.00 0.00 o M0 Subtotal-Installation&Other Services .00 0.00 Subtotal-Freight 2,576.00 0_002,576.0,00_ Subtotal '... ''.... (Applicable sales I"will be added unless a valid tax exemption cenircam is 4,044.25 _ Estimated Tax Rate 9.5% prou m lded.This amount is only an estimate of your tax lability.) _—. —46 615.25 Total — —�-------�_.—— V cep ance a this proposal wnstttutm deals order request and KOMPAN Authorized Signature: Includes acceptance of tons and conditions contained within the Master Argeement,which is hereby acknowledged,Acceptance of this proposal by Accepted By(signature): KOMPAN is acknowledged by Issuanw of an orderconfumalian by an authorized KOMPAN representative.Prices in this quotation are good for 60 Accepted By(please print): _--. days. This proposal may be withdrawn if not accented by 03117116, Data: —...--.----- ' KOMPAN Products are"Buy American"qualified,and eampllantv+ith the Buy Amedrzn Act of 1933 and the"Buy A]�odcan"prowsion of the ARRA of 2009� _ Page 23 '...,. PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 ® Fax: 253-856-6050 KEN WASH NC Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 January 22, 2015 TO: Kent City Council Parks and Human Services Committee FROM: Brian Levenhagen, Parks Planning and Development Planner SUBJECT: 2014 Fourth Quarter Fee-in-Lieu Funds — Accept I MOTION: Move to recommend City Council accept $11,625.00 for Fee-in- Lieu-of funds, amend the Community Parks Reinvestment Program budget and approve future expenditures. SUMMARY: Between October and December 2014 the City of Kent received a total of $11,625.00 from the following developers, who voluntarily paid fees in lieu of dedicating park land to mitigate the development of single family homes in local subdivision. The funds will be used at the park locations as noted below. ® Springwood Park: $11,625.00 from Jarnail Singh EXHIBITS: Copy of Revenue Report BUDGET IMPACTS: Revenue and expense of $11,625.00 impacts the Community Parks Reinvestment Program Budget. Page 24 Page 25 o L) O O O O Page 26 Page 27 PARKS, RECREATION AND COMMUNITY SERVICES 4^4 Jeff Watling, Director Phone: 253-856-5100 I-Z�® Fax: 253-856-6050 KK F ENT WAvHINGTON Address: 220 Fourth Avenue S. '... Kent, WA. 98032-5895 January 22, 2015 TO: Kent City Council Parks and Human Services Committee FROM: Merina Hanson, Manager of Housing and Human Services SUBJECT: Kent Severe Weather Shelter - INFO ONLY MOTION: None SUMMARY: Merina Hanson, Manager of Housing and Human Services, will update the Council Committee on information relating to the city's severe weather shelter. EXHIBITS: None BUDGET IMPACT: None Page 28 Page 29 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 Fax: 253-856-6050 KENT WASH'"G' CW Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 January 22, 2015 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: None 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 Parks and Human Services Committee Meeting Councilmembers: Deborah Ranniger, Chair • Dennis Higgins • Brenda Fincher January 22, 2015 - 5:00 p.m. Roll Call Changes to Agenda Item Description Action Speaker(s) Minutes Page 1. Approve minutes dated November 25, YES Council n/a 01 2014 2. Goods and Services Agreement with YES Brian Levenhagen 05 07 KOMPAN, Inc. for Play Equipment at Kent Memorial Park - Authorize 3. 2014 Fourth Quarter Fee-in-Lieu Funds - YES Brian Levenhagen 05 23 Accept 4. Severe Weather Shelter Update - INFO NO Merina Hanson 05 27 ONLY 5. Director's Report - INFO ONLY NO Jeff Watling 05 29 Unless otherwise noted, the Parks and Human Services Committee meets the 4th Thursday of each month at 5:00 p.m. in Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032 For additional information or questions, please contact Teri Petrole at (253) 856-5101 / tpetrole(ab kentwa.gov 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 KEN* T Special Parks and Human Services Committee Meeting Minutes Councilmembers: Deborah Ranniger, Chair Dennis Higgins • Brenda Fincher November 25, 2014 - 4:30 p.m. Call to Order: Committee Chair Debbie Ranniger called the meeting to order at 4:30 p.m. Roll Call: Chair Debbie Ranniger, Committee members Dennis Higgins and Brenda Fincher were in attendance. Changes to agenda: None 1. Minutes Dated October 23, 2014 - Approve Committee member Fincher MOVED to approve the minutes dated October 23, 2014. Committee member Higgins SECONDED. The motion PASSED 3-0. 2. 2015 - 2017 Indigent Counsel Agreement - Authorize Katherin Johnson, Manager of the Housing and Human Services division, explained that the Indigent Counsel Agreement was brought back to the committee prior to final budget acceptance. The City of Kent is required by statute to provide Indigent Defense services for individuals unable to afford legal representation when charged with a crime in Kent Municipal Court. Recent state case law and court rules dramatically changed the city`s compliance standards for indigent defense. The current indigent defense contract with Stewart, MacNichols, and Harmell, Inc., P.S. (SMH) expires at the end of this year. The new agreement includes substantial amendments to achieve compliance with the new standards. The new contract sets performance expectations and compliance requirements, drops the case-weighting system used in the previous contract, and increases the annual fee for services to $900,000. i The fee increase is included in the 2015/2016 budget request. Staff recommends approving the contract with Stewart, MacNichols, and Harmell for the next three years with automatic renewals for the following 3 year period. The exhibits included two contracts, one with the track-changes and one without so that the revisions between the current contract and the proposed contract can be reviewed. Page 1 I Page 2 Once the committee makes its recommendation to the council, the parks department will hire an outside attorney to review and finalize the agreement. Because the city attorney's office prosecutes cases that SMH defends against, state law mandates that the city attorney's office cannot negotiate or approve final contract language. Housing and Human Services Manager Katherin Johnson introduced attorneys Ken Harmell and Scott Stewart in the audience. The committee members commented on already being briefed on the changes to the indigent counsel agreement at council budget meetings and specifically the increase in caseload. Committee member Higgins moved to recommend Council authorize the Mayor to sign the agreement for indigent defense services with Stewart, MacNichols, and Harmell, Inc., P.S., subject to final terms and conditions acceptable to the Parks Director and outside counsel. Committee member Fincher SECONDED. The motion PASSED 3-0. 3 2014 4Culture Sustained Support Grant Agreement - Authorize Cultural Programs Manager Ronda Billerbeck announced that 4Culture awarded the Kent Arts Commission $17,000 in Sustained Support funding through a competitive grant process. The funding provides 2014 programs, including Spotlight Series performances, Kent Kids' Arts Day, and the Kent Summer Concert Series, Committee member Fincher moved to recommend Council authorize the Mayor to accept the Sustained Support grant from 4Culture in the amount of $17,000 to support the Kent Arts Commission's 2014 programs, to sign all necessary grant documents, and to amend the budget and authorize expenditure of the funds in accordance with final grant terms and conditions acceptable to the Parks Director and City Attorney. Committee member Higgins SECONDED. The motion PASSED 3-0. 4 McKinstry Essention LLC Energy Services Performance-Based Contract for Riverbend Golf Complex - Authorize Alex Ackley, Superintendent of Facilities, reported that in 2007, the city identified a need to replace its aging heating, ventilation, and air conditioning (HVAC) systems with equipment that was more energy efficient and required less maintenance time. Staff interviewed all Energy Services Companies (ESCO's) that responded and selected McKinstry as the city's ESCO provider. Upon selection, McKinstry conducted a Directed Engineering Study at targeted city facilities which included Riverbend Golf Course. In 2010, the city executed a performance based contract with McKinstry to replace heat pumps in the Centennial Center and funded by a Department of Energy grant. Page 2 Page 3 Staff is recommending that council enter into a performance-based contract with McKinstry to install facility improvement measures that were identified in the Directed Engineering Study for the Riverbend Golf Course. The HVAC equipment at Riverbend is 25 years old and a mixture of different equipment types. This facility improvement measure would improve energy efficiency, reduce maintenance costs, and improve the level of comfort to the golf course patrons. This project would be funded by facilities capital in the amount of $752,796. Staff submitted a grant request to the Department of Commerce in the amount of $125,000. If this grant is awarded, it would reduce the capital expenditure of facilities capital for this project to $627,000. Using an ESCO for performance-based contracting benefits the city by ensuring its cost and energy savings calculations using measurement and verification reports for one year after the installed improvements. Higgins asked about reinvesting in the complex if the Par 3 is sold. Watling responded that the HVAC renovation project is for the 18-hole club house and not the Par 3 site. Ranniger asked about the life span of the equipment. Ackley responded that 15 years is standard, but staff has seen 20-25 years in the current equipment and expect to have the same success in increasing the life span of the new equipment. Ackley continued that a bonus to this project is downsizing existing equipment. The old boiler will be eliminated. Committee member Higgins moved to recommend Council authorize the Mayor to sign the Energy Services Performance-Based Contract with McKinstry Essention, LLC, in an amount not to exceed $752,796, subject to final terms and conditions acceptable to the Parks Director and City Attorney. Committee member Fincher SECONDED. The motion PASSED 3-0. 5 New Cingular Wireless PCS LLC Lease Agreement for Hogan Park at Russell Road - Authorize Superintendent of Park Operations, Garin Lee reported that New Cingular Wireless PCS, LLC (AT&T Mobility Corporation) is requesting authorization to install wireless communications equipment at Hogan Park at Russell Road. Lee pointed out that the proposed location is the vacant site of previously installed cellular equipment. As part of the lease agreement, New Cingular Wireless PCS, LLC will pay the city $2,800.00 per month, plus annual adjustments. The funds will support the Parks Capital Fund - Lifecycle Projects. Fincher asked what sort of equipment would be installed. Lee responded a mono pole and a 126 x 20 foot shed to support the equipment. The shed would be designed to mimic other structures in the park. Page 3 Page 4 I Council member Higgins asked about maintenance. Lee responded that AT&T Mobility will be responsible for maintenance of the equipment and shed. Higgins was pleased that the park will benefit by getting a new light pole to house the equipment as well. Committee member Fincher moved to recommend Council authorize the Mayor to enter into a lease agreement with New Cingular Wireless PCS, LLC to install wireless communications equipment at Hogan Park at Russell Road, to accept the monthly lease fee of $2,800.00, and to approve the expenditure of funds in the Parks Capital budget, subject to final terms and conditions acceptable to the Parks Director and City Attorney. Committee member Higgins SECONDED. The motion PASSED 3-0. 6. Severe Weather Shelter - INFO ONLY Chair Ranniger explained that, at the last council meeting, a number of folks raised some concerns about the city's severe weather shelter policy. At that time she asked to have it on the next Parks Committee agenda. Specifically, council wanted to know - what is the city's policy, what are the options, and should the city explore some possible adjustments. Katherin Johnson, Manager of the Housing and Human Services, reported that the city's policy mirrors Renton's policy, which was originally adopted by using Kent's policy. The city's policy is consistent with policies throughout the county. The policy is not written in stone and numerous times, with ice, snow, and excessive rain, the city has opened the shelter with the help of our partners even though it wasn't meeting all the qualifications as set by the policy. j Johnson explained that opening the shelter is a partnership. Kent Lutheran Church provides the facility and the consumable goods (toilet paper, coffee cups, etc.), they also provide a church staff person for set up and monitoring the building. Catholic Community Services (CCS) provides the two staff members while the shelter is open. The city pays for these two staff members. CCS also provides staff for Federal Way and Renton, which can be challenging for their staff to meet the needs of local shelters. There is a process to open the shelter. The weather is looked at, how extreme it is, the impacts, and how long it could potentially last. Kent Lutheran Church is called to see if the facility is available, then CCS is contacted to see if staff is available. The shelter is not budgeted as a line item, it is money that staff has to find. It generally costs the city between $600-700 per night to have the shelter open. At the same time, staff is working with Multi Service Center to provide motel vouchers for families and the elderly. Prior to 2010 and Kent Lutheran Church donating their facility, the city relied totally on motel vouchers - that was very expensive. Page 4 Page 5 i During the recent cold weather, the shelter was open for Saturday and Sunday. Staff worked with the Multi Service Center to provide motel vouchers as well. Bus passes were issued to transport homeless to local shelters, such as Auburn and Renton. The shelter is "low barrier" meaning a person can be intoxicated but must behave. Low barrier shelters are difficult because the users are often under the influence. Council member Fincher asked about Auburn being open. Johnson replied that it's not a formal rotation, but the reality of homeless is that it doesn't know city limits. Some will be in Kent, Auburn or Renton. When it became difficult to open the Kent shelter, the Renton, Auburn and Federal Way shelters were open. And, because they opened first this, Kent will open first next time. Watling added that the Severe Weather Shelter is not a service out of isolation. It is a team process and if a revised policy is what we want to do, all the partners need to be involved in that conversation. Chair Ranniger asked if the partners meet regularly to discuss shelters. Johnson said that CCS, Kent Lutheran, and Human Services staff meet once a year to review the contract, requirements and to discuss "what if' scenarios. The meeting this year was a week before the storm. Committee member Fincher asked what the system is to get from Kent to Renton or Auburn. Johnson replied that it is up to the users to get to the other shelters in the area. Chair Ranniger asked what the committee wants to do to move forward and should the group reconvene? Committee member Fincher felt that the city needs to find out what can be done to help with staffing. She suggested finding grant money. Johnson responded that this is something that grants don't support; it will have to come from the city. Committee member Higgins stated that if the city just ups the budget, it won't solve the problem. We still need to negotiate with our partners. We need to have this discussion. Johnson clarified that this is not a budgeted item. It's from the city's emergency money. One of the topics of concern was changing the opening of shelters to 35 degrees which would greatly affect funding because the shelter could potentially be open for months. Committee member Higgins remarked that some communications he has received disputed that Renton's shelter opening policy was copied from Kent's. Human Services Planner Merina Hanson felt that some of the information being published is confusing and simply an interpretation of Renton's policy, not necessarily accurate. Hanson stated that occasionally, plans don't work out like the Page 5 Page 6 community would prefer, but she feels the city does a pretty good job of opening the shelters and working with local cities. Staff works really hard to have shelters open during life threatening weather. Committee member Fincher asked for data; how often has the shelter been open, how often when partner shelters weren't open, what was temperature, and how many users were there. Chair Ranniger remarked that it sounds like the committee wants more information and the desire to continue the discussion. She asked for a part two update at an upcoming committee meeting. Watling agreed that staff will have a conversation with the city's partners and report back to the committee. Watling added that he hopes the conversation isn't about disputing what Renton's policy is, reiterating that a conversation needs to occur with the city's partners, Kent Lutheran Church and Catholic Community Services. Committee member Fincher agreed, adding that it would be good to have a base line of what's going on, what the city is doing now, and how people are affected. 7. Director's Report Watling stated, no Director's Report - Happy Thanksgiving to all! Chair Ranniger adjourned the meeting at 5:30 p.m. Respectfully submitted, Twi Ae/wo1e Teri Petrole Council Committee Recorder Page 6 Page 7 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director 440 Phone: 253-856-5100 • Fax: 253-856-6050 KENT WAS KING-0N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 January 22, 2015 TO: Kent City Council Parks and Human Services Committee FROM: Brian Levenhagen, Parks Planning and Development Planner SUBJECT: Goods and Services Agreement with KOMPAN, Inc. for Play Equipment at Kent Memorial Park - Authorize MOTION: Move to recommend authorizing the Mayor to sign the agreement with KOMPAN, Inc. in the amount of $42,571.00, including Washington State Sales Tax, for the purchase and delivery of new play equipment for Kent Memorial Park, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. SUMMARY: In addition to its primary use for baseball, Kent Memorial Park serves as a neighborhood park for the 1,622 children under the age of 14 in its census tract. Many of the park users live in the over 1,000 multi-family housing units within a half mile of the park. The existing playground was installed in 1997. It is heavily used and in a state of deterioration. Typical playgrounds have a useful life of 15 years in a public park setting. A number of play elements have broken and been removed from the playground. This "Explorer Dome" will be the anchor piece of equipment in the re-development of the play area this year, providing an opportunity for children to participate in safe, creative, unstructured play. If authorized, the purchase will be process through the U.S. Communities Cooperative Purchasing Agreement. EXHIBITS: Draft Goods & Services Agreement including Sales Proposal BUDGET IMPACTS: Expenditure impacts the Parks Lifecycle Budget Page 8 Page 9 wn�nxaroH GOODS & SERVICES AGREEMENT I between the City Of Kent and KOMPAN, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and KOMPAN organized under the laws of the State of Washington, located and doing business at 930 Broadway, Tacoma, Washington 98402; 888- 579-8223 (hereinafter the "Vendor"). AGREEMENT i I. DESCRIPTION OF WORK. I Vendor shall provide the following goods and materials and/or perform the following services for the City: As described in Exhibit A, hereto attached: Provide and deliver one (1) Explorer Dome playground structure, for installation in Kent Memorial Park in 2015, This agreement is for equipment purchase only, no labor or installation will be provided by the vendor, This purchase is funded by the Parks Lifecycle Budget. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by September 30, 2015. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Forty- Two Thousand; Five Hundred Seventy-one dollars and no cents ($42,571.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: i i GOODS & SERVICES AGREEMENT - 1 fn,,a, &Yn nnn nn IA/QQTI Page 10 Vendor will submit a single Invoice If the City objects to all or any portion of an invoice, it shall notify Vendor 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. A, Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services, If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 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: i A. The Vendor 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 Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor 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. GOODS &SERVICES AGREEMENT - 2 (Over S10,000,00, lncludinq WSST Page 11 E. The Vendor has registered Its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor 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, VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change Increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM I WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY I GOODS &SERVICES AGREEMENT - 3 (nvPr tln nnn n2. inritirtinn W.S.4T) Page 12 CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; i 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest, C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to GOODS &SERVICES AGREEMENT - 4 (Over$10,000.00, including WSST) Page 13 correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor 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. XI. INDEMNIFICATION. Vendor 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 Vendor'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 Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'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 Vendor 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 Vendor's part, then Vendor 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 Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor 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. XIII. WORK PERFORMED AT VENDOR'S RISK, Vendor 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 Vendor's own risk, and Vendor 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. i GOODS &SERVICES AGREEMENT - 5 (Over$10,000,00, including WSST) Page 14 XIV. 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. i 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; prvMed, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI 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 Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. GOODS & SERVICES AGREEMENT- 6 (Over `t10.000.00. includina WSST Page 15 I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. 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. I IN WITNESS, the parties below execute this Agreement, which shall become j effective on the last date entered below. VENDOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its, Mavor (titre) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Peter Tammetta Brian Levenhagen Highwire Inc. City of Kent 1901 S. Jefferson, Ste 301 220 Fourth Avenue South Tacoma, WA 98402 Kent, WA 98032 (206) 661-8320 (telephone) (253) 253-856-5116 (telephone) peter@highwireus.com bjlevenhagen@kentwa.gov APPROVED AS TO FORM: 1 Kent Law Department P:\Planning\Kent Memorial Park\Play round3015\Expiomr Dome oontraa doa\Explorer PomeLOMR =O,o GOODS &SERVICES AGREEMENT - 7 (Over ,t70.0nn.00. inGudina WSST) Page 16 DECLARATION I CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY i The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: For: Title: Date: i II EEO COMPLIANCE DOCUMENTS - I of 3 _— -- - ----------- Page 17 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. i 11 Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. I . ......... i EEO COMPLIANCE DOCUMENTS - 2 of 3 Page 18 i i CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. i I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: i For: Title: j Date: i j i i EEO COMPLIANCE DOCUMENTS - 3 of 3 Page 19 EXHIBIT INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS 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 and shall cover liability arising from premises, operations, Independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 1185 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits; 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. i C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance; Page 20 I EXHIBIT B (Continued) 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. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. I E. 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 insurance requirements of the Contractor before commencement of the work. F. 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. �I i Page 21 i EXHIBIT A I ® SALES PROPOSAL KOMPANs °!, COROCORQ '...... �. KOMPAN, INC.*930 Broadway,Tacoma,WA 08402*Tel 1-888-579-8223*Fax 1-888-579-8224*www.kompan.Com KOMPAN is a proud supplier partner of Date 01116115 Expiration Date 02/16115 Proposal No. SP33742 US.COMMUNI T'`IEi Project City of Kent UGOVEERNNWNT PU1Yt:HA51NO ALLIANC3 Ship to StateiZip WA 98032 Customer Service Representative Asca y?lY*-0 Rfip' Sales Representative Highwire Payment Terms NET30 Site Location: 160359 - City of Kent TBD Kent, 98032 United States , Invoice-to: 160359 Ship-to: City of Kent City of Kent 220 4th Ave.S. TBD Kent,WA 98032 Kent,WA 98032 United States United States Phung Huynh Phung Huynh City, Item No. Descrtption Unit Price Retail Price Dlsc..% Net Price— -- U.S.Communities Contract#110171 I I 1 CORS8630203 EXPLORER DOME Green Ropes 52,250.00 52,250.00 23.45 39,995.00 1 FRT-PA Freight Middletown PA 2,576.00 2,576.00 2,576.00 Total Comments: This quote assumes direct delivery. '..... This quote includes a charge for liftgate service. '.. This quote is for equipment only.No site work,or installation Is Included in this proposal. Please allow 6-10 weeks for product delivery upon order placement. Page 22 EXHIBIT A(Continued) Summary: Retail Price Discount Net Price L. Subtotal-KOMPAN Products 62,250.00 12.256,00 39,995,00 0.00 0,00 0,00 Subtotal-Other Products Subtotal-Surfacing 0.00 0.00 o M0 Subtotal-Installation&Other Services .00 0.00 Subtotal-Freight 2,576.00 0_002,576.0,00_ Subtotal '... ''.... (Applicable sales I"will be added unless a valid tax exemption cenircam is 4,044.25 _ Estimated Tax Rate 9.5% prou m lded.This amount is only an estimate of your tax lability.) _—. —46 615.25 Total — —�-------�_.—— V cep ance a this proposal wnstttutm deals order request and KOMPAN Authorized Signature: Includes acceptance of tons and conditions contained within the Master Argeement,which is hereby acknowledged,Acceptance of this proposal by Accepted By(signature): KOMPAN is acknowledged by Issuanw of an orderconfumalian by an authorized KOMPAN representative.Prices in this quotation are good for 60 Accepted By(please print): _--. days. This proposal may be withdrawn if not accented by 03117116, Data: —...--.----- ' KOMPAN Products are"Buy American"qualified,and eampllantv+ith the Buy Amedrzn Act of 1933 and the"Buy A]�odcan"prowsion of the ARRA of 2009� _ Page 23 '...,. PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 ® Fax: 253-856-6050 KEN WASH NC Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 January 22, 2015 TO: Kent City Council Parks and Human Services Committee FROM: Brian Levenhagen, Parks Planning and Development Planner SUBJECT: 2014 Fourth Quarter Fee-in-Lieu Funds — Accept I MOTION: Move to recommend City Council accept $11,625.00 for Fee-in- Lieu-of funds, amend the Community Parks Reinvestment Program budget and approve future expenditures. SUMMARY: Between October and December 2014 the City of Kent received a total of $11,625.00 from the following developers, who voluntarily paid fees in lieu of dedicating park land to mitigate the development of single family homes in local subdivision. The funds will be used at the park locations as noted below. ® Springwood Park: $11,625.00 from Jarnail Singh EXHIBITS: Copy of Revenue Report BUDGET IMPACTS: Revenue and expense of $11,625.00 impacts the Community Parks Reinvestment Program Budget. Page 24 Page 25 o L) O O O O Page 26 Page 27 PARKS, RECREATION AND COMMUNITY SERVICES 4^4 Jeff Watling, Director Phone: 253-856-5100 I-Z�® Fax: 253-856-6050 KK F ENT WAvHINGTON Address: 220 Fourth Avenue S. '... Kent, WA. 98032-5895 January 22, 2015 TO: Kent City Council Parks and Human Services Committee FROM: Merina Hanson, Manager of Housing and Human Services SUBJECT: Kent Severe Weather Shelter - INFO ONLY MOTION: None SUMMARY: Merina Hanson, Manager of Housing and Human Services, will update the Council Committee on information relating to the city's severe weather shelter. EXHIBITS: None BUDGET IMPACT: None Page 28 Page 29 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 Fax: 253-856-6050 KENT WASH'"G' CW Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 January 22, 2015 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: None 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