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HomeMy WebLinkAboutCity Council Committees - Parks and Human Services - 05/28/2015 l a" ',RENt. Parks & Human Services Committee Agenda Councilmembers: Brenda Fincher - Dennis Higgins - Deborah Ranniger, Chair May 28, 2015 5:00 P.M. Item Description Action Speaker Time Page 1. Call to order Chair Ranniger 01 2. Roll Call Chair Ranniger 01 3. Changes to the Agenda Chair Ranniger 01 - 4. Approval of Minutes, dated April 23, YES Chair Ranniger 01 01 2015 5. 4Culture Sustained Support Grant YES Ronda Billerbeck 05 07 Agreement for 2015 Programs 6. Professional Services Agreement with YES Jeff Watling 05 27 ARC Architects for the City Hall Campus Space Efficiency Project 7. Interlocal Agreement Extension with King YES Jeff Watling 05 43 County for Animal Services 8. Food and Beverage Service at Riverbend NO Jeff Watling 05 49 Golf Complex 9. Director's Report NO Jeff Watling 05 51 Unless otherwise noted, the Parks and Human Services Committee meets at 5 p.m. on the fourth Thursday of each month in Kent City Hall, Council Chambers East, 220 4ch Ave S, Kent, 98032. For additional information please contact Teri Petrole at 253-856-5101 or via email at Wet role Cabkentwa.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 Washington Telecommunications Relay Service at 1-800-833-6388. Page 1 u O E\F!Y E Parks and Human Services Committee Meeting Minutes Council members: Brenda Fincher • Dennis Higgins • Deborah Ranniger, Chair Director Jeff Watling April 23, 2015 - 5:00 p.m. 1. Call to Order: Committee Chair Debbie Ranniger called the meeting to order at 5:18 p.m. 2. Roll Call: Chair Debbie Ranniger and Committee member Dennis Higgins were present, Committee member Brenda Fincher was absent 3. Changes to agenda: None 4. Approval of Minutes Dated March 26, 2015 Committee member Higgins MOVED to approve the minutes dated March 26, 2015. Committee Chair Ranniger SECONDED. The motion PASSED 2-0. S. Consultant Agreement with ETC Institute for Citizen Survey Hope Gibson, Manager of Parks Planning and Development explained that, as part of the regular update of our Parks and Open Space Plan, Parks Planning and Development is seeking extensive public outreach through community meetings and events, utilizing the Parks and Recreation Commission, through a website survey, and if approved, through a statistically valid survey with this consultant firm. The results will show us how Kent residents perceive their current parks and recreation system, how and why they use the system, what they consider most and least attractive and what their priorities are regarding parks and recreation facilities. Results of the survey will inform staff throughout the further development of the Parks and Open Space Plan. Three firms were reviewed and ETC Institute was chosen. The firm has a good national reputation and has done previous work with the city. Committee member Higgins acknowledged that this survey has been planned for some time and accepted within the 2015 budget. He supports this worthwhile outlay to move forward and prioritize our expenditures. Committee member Higgins MOVED to recommend council authorize the mayor to sign a consultant services agreement with ETC Institute in an amount not to exceed $24,800.00 to conduct a survey of Kent citizens on the topic of parks and recreation services, subject to final terms and conditions acceptable to the parks director and city attorney. Committee Chair Ranniger SECONDED. The motion PASSED 2-0. Page 1 Page 2 6. 2014 Fourth Quarter Fee-in-lieu Funds Allocation Gibson reported that between October and December 2014 the City of Kent received a total of $79,509.00 from Mat Bergman, who voluntarily paid a fee in lieu of dedicating park land to mitigate the development of Kent Station II apartments. The funds will be used for improvements to downtown parks. Committee member Higgins MOVED to recommend council accept $79,509.00 for Fee-in-Lieu-of funds and amend the Community Parks Reinvestment Budget. Committee Chair Ranniger SECONDED. The motion PASSED 2-0. 7. Public Works Agreement with Skycorp, Ltd. For Demolition of Vacant Structures on SE 216th Gibson explained that a few years ago the city purchased the Huse property in the Panther Lake annexation with a combination of county and state grants. When capital funding is available for construction of a new park, this property will provide needed parks and open space amenities for residents in that area. The existing residential structures on the site have no potential for future public recreational facilities and have become attractive nuisances. To discourage criminal activity on the site, the buildings need to be removed. Committee member Higgins asked about the city-owned house at Clark Lake. Watling responded that house is in the same situation and will be scheduled for demolition as well. Committee member Higgins MOVED to recommend council authorize the mayor to sign a public works agreement with Skycorp Ltd, in an amount not to exceed $60,733.13, for the demolition and removal of designated structures and debris at 13427 and 13525 SE 216`h Street in Kent, subject to final terms and conditions acceptable to the parks director and city attorney. Committee Chair Ranniger SECONDED. The motion PASSED 2-0. 8. Public Works Agreement with Eastside Electric for Re-lamping and Inspection at Kent Memorial Park and Hogan Park at Russell Road Garin Lee, Superintendent of Park Operations explained that the purpose of this contract is to replace the light bulbs, ballasts and conduct a condition inspection of the athletic field lights at Kent Memorial Park and Hogan Park at Russell Road. The complexes are alternated every five years for this services. This is lifecycle replacement to maintain the function of the lighting to support evening program activities at both parks. The fixtures at Hogan Park are passing 15 years and at Kent Meridian Park, 25 years. This will address 227 fixtures. Committee member Higgins confirmed that this is agreement is for regular maintenance and coming to council because of it's value and the regulations set by the city's procurement policy. Page 2 Page 3 Committee member Higgins MOVED to recommend council authorize the mayor to sign the Public Works agreement with Eastside Electric for $32,105.40 to re-lamp and inspect the athletic field lighting at Kent Memorial Park and Hogan Park at Russell Road, subject to the final terms and conditions acceptable to the parks director and city attorney. Committee Chair Ranniger SECONDED. The motion PASSED 2-0. 9. Easement with Puget Sound Energy for Access at the Riverbend Golf Complex Jeff Watling, Director of Parks, Recreation and Community Services informed the committee that this nonexclusive perpetual easement grants Puget Sound Energy rights to access over, under, along, across, and through approximately a 30 foot piece of property at Riverbend Golf Course. It has no functional impact to the operation of the facility. PSE shall have the right to use the easement area to construct, operate, maintain, repair, replace, improve, remove, upgrade and extend one or more overhead electrical utility systems. Committee Chair Ranniger wanted to assurance that the city is covered for now and in the future with no impacts due to this easement. Watling does not anticipate any current or future issues. If that is the case, another easement would be required. Committee member Higgins MOVED to recommend council authorize the mayor to sign a nonexclusive perpetual easement with Puget Sound Energy granting access at Riverbend Golf Complex, for the purpose of electrical utility system maintenance, subject to final terms and conditions acceptable to the parks director and city attorney. Committee Chair Ranniger SECONDED. The motion PASSED 2-0. 10. Parks Infrastructure Critical Issues Update Watling reported that in 2012, staff completed an asset analysis that showed a large number of aging park assets throughout the city's park system. The vast majority of those aging assets have not been addressed due to limited capital resources. The analysis ranked 250+ parks in our system one through five. Five being plenty of life and one being close to the end of it's natural life. It showed that 33% of our assets were rated a one or a two. Now, two years later, many of the twos are closer to being ones. This update provides a list of the park assets that staff anticipate closing or removing this year in the interest of public safety. Staff has been able to create better efficiencies and address some of the issues very successfully, for example: • Taking care of our parks and open spaces through the volunteer programs, the Green Kent Stewardship Program • Getting grants for renovating numerous playgrounds; Green Tree Park, Turnkey Park, Seven Oakes Park, and Tudor Square Park. Page 3 Page 4 • Re-turfing Wilson Playfield turf when it had reached a critical condition, as a result increasing the playability and use of the facility for the community. • Creating a very innovative approach to new signage on the Kent Valley Loop Trail, assisted by a grant from REI. Many critical renovation projects have been cancelled and some parks and/or amenities will be closed in 2015, for example: • Lake Fenwick was closed because of the boardwalk • The amphitheater and stairs at Earthworks Park • The slide at Springwood Park • Three tennis courts at Garrison Creek Park • The picnic shelter at Park Orchard Park • Tennis lights at Kent Memorial Park. Committee member Higgins wants to preserve the city's ability to go back and rebuild at these sites if possible. He asked if the foundations are staying. Garin Lee affirmed that the foundations are retained in hopes of future funding and restoration. Other parks and assets at risk: • Briscoe picnic shelters and pathway • Burlington Park gazebo and pagoda • Meridian Glen Park • Salt Air Park playground • East Hill Park playground • Hogan Park parking lot • Hogan Park play area • Lake Meridian dock • Kent Memorial Park drive and restroom • Lake Fenwick stairs • Lake Fenwick east boardwalk • Clark Lake boardwalk • Kaibara pond • Kent Commons pathways Committee Chair Ranniger asked about replacing the tiles on the pagoda. Staff conducted research and found that the tiles are not standard but custom and very expensive. Lee reported that the damage to the gazebo is extensive and a safety risk. The entire deck and roof needs replacing, also at a high cost. Ranniger suggested fund raising with the Kent Historical Society to help with the costs of renovation of the gazebo, or with sister city Yangzhou, who built the pagoda. Watling agreed that it is important to reach out to interested parties. All of these projects are expensive and donations will not cover renovation costs. Lee added for example, the cost to re-seal the parking lot at Russell Road is over $60,000. Watling explained that, with capital funds of $500,000, it is a challenge to balance all the needs of the parks and trails system, and maintain so many of the strategic plan goals that rely on a healthy parks system. As noted at the council workshop, the Capital Facilities Plan update showed parks capital funding at 9% of the actual Page 4 Page 5 need. The city needs to find revenue to reinvest into the park system. As stewards of the system, we want to engage the community and find out what their needs are and that's why it is so significant to conduct public outreach. Issues/Next Steps • Urgent situation • Diminishing performance of the system • Strategic Vision Relies on healthy parks and trails • Increased revenue is needed • Park Plan Update • Community outreach Committee member Higgins acknowledged that council has addressed many things; the recession and budget cuts, as well as the failed Parks and Roads Levy a few years ago, but the issue of capital funding investment still has not been addressed. He wants to connect with the Parks Commission and involve the entire council on this issue. He emphasized that they cannot preside over a deteriorating park system. 11. Green River Lower Russell Levee Alternative Review Watling explained that Parks and Public Works staff has been working with King County Flood Control District (KCFCD) staff on assessing various levee alignments for the Lower Russell segment of the Green River Levee system. A number of alignments have been proposed, both through the project process and through the System Wide Improvement Framework (SWIF) process, which is being led by the KCFCD. i King County approached council and the mayor with an alternative plan for the levee project, proposing to move Van Doren's Park away from the river, behind a warehouse, and near power lines and wetlands. Recognizing there are a number of other important public benefits attached to this corridor, staff worked with Berger Partnership to provide a conceptual plan that showed a levee alignment that offered the best opportunities for protecting and improving all the various public and agency benefits. This concept integrates flood protection, habitat and a public connection to the river. Staff presented this alternative to King County and it appears to hold great promise for achieving a broad base of support. The next step is to take the plan to public meetings. Committee member Higgins stated his support for the alternative plan, if funded by King County and not by the citizens of Kent. Watling replied that funding still needs to be determined, but agreed that funding cannot come from the city. Committee Chair Ranniger commented on getting reimbursement from King County for the city's current consultant fees. Watling agreed that fees should be funded by the levee project and that design work needs to be done by a team of experts. Page 5 Page 6 12. Director's Report Watling shared a snapshot of the recreational services provided by the Parks, Recreation and Community Services department in one weekend. • T-Ball / Tossball Jamboree was held at Service Club Ballfields. • The event hosted 500 plus participants along with their parents, grandparents, and significant others. Throughout the day over 1,500 people visited the Park. • Immediately following the jamboree, Service Club Ballfields on the East Hill of Kent hosted a USSSA Girls Fastpitch Tournament with 25 teams participating. That is 350 players and 700 spectators throughout the two-day event. • Kent Commons Community Center hosted the Evergreen Stamp Show. Over 1,500 people visited the downtown area throughout the weekend. • Hogan Park @ Russell Road was the host site for the USSSA Adult Men's Softball Tournament on Saturday (4/18/15) and Sunday (4/19/15). • Earth Day at Morrill Meadows Park, with 110 hardworking volunteers cleaning up Special Olympics with sixteen participants. • Riverbend presented the annual Demo Day / Spring Kick Off Day at the golf course. Committee Chair Ranniger adjourned the meeting at 6:20 p.m. Respectfully submitted, Z_wAmle Teri Petrole Council Committee Recorder I Page 6 Page 7 PARKS, RECREATION AND COMMUNITY SERVICES T Jeff Watling, Director Phone: 253-856-5100 Fax: 253-856-6050 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 May 28, 2015 TO: Kent City Council Parks and Human Services Committee FROM: Ronda Billerbeck, Cultural Programs Manager SUBJECT: 4Culture Sustained Support Grant Agreement for 2015 Programs MOTION: Move to recommend council authorize the mayor to accept the Sustained Support grant from 4Culture in the amount of $17,000.00, amend the budget, sign all necessary documents, and authorize expenditure of funds in accordance with the grant agreement, subject to terms and conditions acceptable to the parks director and city attorney. SUMMARY: The Cultural Development Authority of King County (4Culture) has awarded the Kent Arts Commission $17,000.00 in Sustained Support funding through a competitive grant process. The funding supports 2015 programs, including Spotlight Series performances, Kent Kids' Arts Day and Kent Summer Concert Series, EXHIBITS: Agency Services Contract BUDGET IMPACT: Budget increase to Kent Arts Commission budget Page 8 Page 9 Agreement No. 115362A Contractor's Federal Taxpayer ID No. (last 4 digits) 1254 I Contractor City of Kent Arts Commission Project Title: 2015 Programs Contract Amount: $17,000.00 Fund Source: CP —Arts Sustained Support Contract Period From: 01/01/2015 To: 12/31/2015 AGENCY SERVICES CONTRACT 2015 THIS CONTRACT is entered into by the CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY ("4Culture"), whose address is 101 Prefontaine Place South, Seattle, WA 98104-2672 and telephone number is (206)296-7580 and City of Kent Arts Commission (the "Contractor"), whose address is 220 4th Avenue S. Kent, WA 98032 and telephone number Is (253) 856-5055. Contractor is an art, cultural or historical organization or specialist qualified to receive funds pursuant to King County Code Sections 2.48 and 4.42 and RCW 67,28.180 and as hereinafter may be amended. The 4Culture Board of Directors approved providing funds for this project by Motion No. 2015-07. 4Culture desires to provide funds with which the Contractor shall render certain services to King County citizens. Such services are for the benefit of art museums, cultural museums, heritage museums, the arts, and/or the performing arts and are consistant with those defined in RCW 67.28,180 ("Public Benefit Services') i 4Culture is organized pursuant to King County Ordinance 14482 and RCW 35.21.730, et sec. RCW 35.21.760 provides as follows: "[Allj liabilities incurred by such public corporation, commission, or authority shall be satisfied exclusively from the assets and properties of such public corporation, commission or authority and no creditor or other person shall have any right of action against the city, town, or county creating such corporation, commission, or authority on account of any debts, obligations, or liabilities of such public corporation, commission, or authority." The legislative authority of 4Culture has found and declared that providing funds to Contractor to reimburse Project costs in consideration of services provided hereunder constitutes a public purpose with the meaning of Article VII, Section 1 of the Washington State Constitution for which public funds may properly be expended or advanced. NOW, THEREFORE, In consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: i I AG SVC 2015 Page 1 of 7 Page 10 I. SCOPE OF SERVICES A. The Contractor shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits which are incorporated herein by reference: ® Specific Scope of Services & Reimbursement Schedule Attached hereto as Exhibit A ® Project Proposal and Budget Attached hereto as Exhibit B ® Insurance Requirements Attached hereto as Exhibit C ❑ Personnel Inventory (K.C.0 12.16.060A)( In combination with Attached hereto as Exhibit D other agreements, in excess of$25,000 in a calendar ear ❑ Affidavit and Certificate of Compliance (K.C.0 12.16A60B) Attached hereto as Exhibit E for Agreements in excess of$25,000) ___ ❑ Disability Assurance of Compliance/Section 504 (KCC Attached hereto as Exhibit F 12.16.060D) [ORGANIZATIONS ONLY] B. Purchase of Services, Funds awarded under this Agreement shall be used solely to reimburse the Contractor for expenses incurred expressly and solely in accordance with the Project Proposal and Budget and/or the Specific Scope of Services attached. Any amendment or modification to the Project Proposal and Budget or the Specific Scope of Services and Payment Schedule must be approved in writing by 4Culture. The work described generally by the Project Proposal and Budget and more specifically by the Specific Scope of Services shall hereinafter be referred to as the"Project C. In addition to performing the Project, Contractor shall provide any Public Benefit Provisions that may be specified in the Specific Scope of Services attached. D. Contractor agrees to acknowledge 4Culture support with inclusion of the approved 4Culture logo in all marketing and promotional materials during the period this contract is in force: 4 Approved logos are available for download in a variety of formats at CULTURE httpa/www.4culturevrglmanageaward/ uwo coaxly iocono cnx _ _ .. '. E. The Contractor agrees to notify 4Culture in advance of any public Project activities, including but not limited to ground breaking events, dedications, and other public programs. II. DURATION OF CONTRACT This Agreement shall commence on January 1 2015 and shall terminate on December 31, 2015. This Agreement, however, may be terminated earlier as provided in Section IV hereof. III. COMPENSATION AND METHOD OF PAYMENT A. 4Culture shall reimburse the Contractor for its actual and authorized expenditures incurred in satisfactorily completing the Specific Scope of Services attached and otherwise fulfilling all requirements specified In this contract in an aggregate amount not to exceed $17,000,00. AG SVC 2015 Page 2 of 7 Page 11 B. Contractor may apply to 4Culture for reimbursement upon completion of specified phases as detailed in the Specific Scope of Services and Reimbursement Schedule attached to this contract. C. Contractor shall submit an invoice and all accompanying reports in the forms attached hereto as "EXHIBITS", not more than 30 days after the completion of each specified phase identified in the Specific Scope of Services and Reimbursement Schedule. 4Culture will initiate authorization for payment after approval of corrected invoices and reports. 4Culture shall make payment to the Agency not more than 60 days after the appropriate invoice is received, D. Contractor shall submit its final invoice and all outstanding reports within 30 days of the date this Agreement terminates. If the Agency's final invoice and reports are not submitted by the day specified in this subsection, 4Culture will be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice E. Accompanying the final invoice for the project, the Contractor shall also submit: 1. A project evaluation report upon the form provided by 4Culture. 2. If 4Culture requests, at least two images (prints, slides, or digital images accompanied by a high-quality print-out) of publishable quality for use by 4Culture to publicize its funding programs. Photos shall have credits, caption information, and permission to publish. F. If the Contractor fails to comply with any terms or conditions of this contract or to provide in any manner the work or services agreed to herein, 4Culture may withhold any payment to the Contractor until 4Culture is satisfied that corrective action, as specified by 4Culture, has been completed. This right is in addition to and not in lieu of 4Culture's right to terminate this contract as provided in Section IV, any other rights of4Culture under this Agreement and any other right or remedy available to4Culture at law or in equity. IV. TERMINATION OF AGREEMENT A. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement or if the Contractor shall violate any of its covenants, agreements or stipulations of this Agreement, 4Culture may terminate this Agreement and withhold the remaining allocation. Prior to so terminating this Agreement, 4Culture shall submit written notice to the Contractor describing such default or violation. 4Culture shall not so terminate this Agreement if 4Culture determines that Contractor has, within twenty(20) days of the date of such notice, fully corrected such default or violation. V. MAINTENANCE OF RECORDS A. The Contractor shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by 4Culture to ensure proper accounting for all contract funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and services provided in the performance of this Agreement. B. These records shall be maintained for a period of six (6)years after termination of this Agreement unless a longer retention period is required by law. AG S VC 2015 Page 3 of 7 Page 12 VI. AUDITS AND EVALUATIONS i A. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by 4Culture and/or federal/state officials so authorized by law during the performance of this Agreement and six (6)years after termination hereof. B. The Contractor shall provide right of access to its facilities, including by any subcontractor to I 4Culture, the King County, state and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Agreement. 4Culture will give advance notice to the Contractor in the case of fiscal audits to be conducted by 4Culture. C. The Contractor agrees to cooperate with 4Culture in the evaluation of the Contractor's performance under this contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17 (Public Records Act). VII. PROPRIETARY RIGHTS If any patentable or copyrightable material or article should result from the Project, all rights accruing from such material or article shall be the sole property of Contractor. Contractor agrees to and does hereby grant to 4Culture, an irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Agreement. The foregoing license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of Contractor which are modified for use in the performance of this Agreement. Vltl. FUTURE SUPPORT 4Culture makes no commitment to support the services contracted for herein nor guarantee regarding the success of the services and assumes no obligation for future support of the Project except as expressly set forth in this Agreement. IX, HOLD HARMLESS AND INDEMNIFICATION A. In providing services under this Agreement, the Contractor is an independent contractor, and shall determine the means of accomplishing the results contemplated by this Agreement. Neither the Contractor nor its officers, agents or employees are employees of 4Culture for any purpose. The Contractor shall comply with all applicable federal and state laws and regulations regarding employment, minimum wages and hours, and discrimination in employment. The Contractor is responsible for determining the compensation of its employees, for payment of such compensation, and for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services. The Contractor and its officers, agents, and employees shall make no claim of career service or civil service rights which may accrue to a 4Culture employee under state or local law. 4Culture assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Contractor, its employees and/or others by reason of this Agreement. To the extent allowed by law, the Contractor shall protect, defend, indemnify and save harmless 4Culture and its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1)the Contractor's failure to pay any such compensation, wages, benefits, or taxes; (2)the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Agreement. The Contractor shall also defend, indemnify, and save harmless 4Culture, and its officers, agents, and employees, from and against any and all claims made by Contractor's employees arising from their employment with Contractor. AG SVC 2015 Page 4 of 7 Page 13 B. To the full extent provided by applicable law, the Contractor shall protect, defend, indemnify, and save harmless 4Culture its officers,employees, and agents from any and all costs, claims,judgments, and/or awards of damages, arising out of or in any way resulting from the acts or omissions of the Contractor,its officers, employees, and/or agents, except to the extent resulting from 4Culture's sole negligence, If this Agreement is a "a covenant,promise, agreement or understanding in, or in connection with or collateral to, a contract or agreement relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate"within the meaning of RCW 4.24,225, the Contractor shall so protect, defend, indemnify, and save harmless 4Culture, its officers, employees, and agents only to the extent of the Contractor's, its officers', employees', and/or agents' negligence. The Contractor agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by or on behalf of any employees, or agents. In the event 4Culture incurs any judgment, award and/or cost arising there from including attorneys'fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. Claims shall include, but are not limited to, assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright. X. INSURANCE REQUIREMENTS The Contractor shall procure and maintain for the duration of this Agreement insurance as described on the Exhibit labeled as Insurance Requirements attached here to. Xl. CONFLICT OF INTEREST Chapter 42.23 RCW (Code Of Ethics For Municipal Officers--Contract Interests) is incorporated by reference as if fully set forth herein and the Contractor agrees to abide by all the conditions of said Chapter. Failure by the Contractor to comply with any requirements of such Chapter shall be a material breach of contract. In addition, Contractor represents,warrants and covenants that no officer, employee, or agent of 4Culture who exercises any functions or responsibilities in connection with the planning and implementation of the Specific Scope of Contract Services funded herein, has or shall have any beneficial interest, directly or indirectly, in this contract. The Contractor further represents, warrants and covenants neither it nor any other person beneficially interested in this Agreement has offered to give or given any such officer, employee, or agent of 4Culture, directly or indirectly, any compensation, gratuity or reward in connection with this Agreement. The Contractor shall take all appropriate steps to assure compliance with this provision. I AG SVC 2015 Page 5 of 7 Page 14 i I Xlt. NONDISCRIMINATION During the performance of this Agreement, Contractor shall comply with state, federal and local legislation requiring nondiscrimination in employment and the provision of services to the public, including, but not limited to: Title VI of the Civil Rights Act of 1964; chapter 49.60 RCW (the Washington state law against discrimination); K.C.C. chapter 12.16 regarding discrimination and affirmative action in employment by contractors, subcontractors and vendors; K.C.C. chapter 12.17 prohibiting discrimination in contracting; K.C.C. chapter 12.18 requiring fair employment practices; K.C.C. chapter and 12.22 prohibiting discrimination in places of public accommodation. The Contractor shall maintain, until 12 months after completion of all work under this contract, all written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate in this Agreement. The Contractor shall make such documents available to 4Culture for inspection and copying upon request. XIII. NOTICES Whenever this Agreement provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive officer of Contractor and the Executive Director of 4Culture at the addresses first written above. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. XIV. GENERAL PROVISIONS No modification or amendment to this Agreement shall be valid unless made in writing and signed by the parties hereto. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 4Culture's failure to insist upon the strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this Agreement are declared severable. The parties agree that this Agreement Is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Agreement. XV. ATTORNEYS" FEES: EXPENSES Contractor agrees to pay upon demand all of 4Culture's costs and expenses, including attorneys' fees and 4Culture's legal expenses, incurred in connection with the enforcement of this Agreement, 4Culture may pay someone else to help enforce this Agreement, and Contractor shall pay the costs and expenses of such enforcement. Costs and expenses include 4Culture's attorneys'fees and legal expenses whether or not there is a lawsuit, including attorneys'fees and legal expenses for bankruptcy proceedings (and including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Contractor also shall pay all court costs and such additional fees as may be directed by the court. AG SVC 20'5 Page 6 of 7 Page 15 I XVI. SURVIVAL The terms and conditions of Sections III, V,VI, VII, VIII, IX, XI, XII, X111,XIV and XV shall survive the termination of this Agreement and shall be continuing obligations of the parties. 4CULTURE: CONTRACTOR: 4Culture-CDA Executive Director Signature Date Name (Please type or print) i Title (Please type or print) Date I III I i I I, AG SVC 2015 Page 7 of 7 Page 16 Exhibit A SCOPE OF SERVICE City of Kent Arts Commission and 4Culturc, the Cultural Development Authority of King County, mutually agree that the following services be provided in accordance with the application and contract work sheet submitted to and approved by the 4Culture Board of Directors. Support for 20I5 Programs, including the Spotlight Series (5 performances between Jan-April, 3-4 between Sept-Dec); Kent Kids'Art Day (March 7); and Kent's Summer Concert Series (12 performances between Jul- Aug). Events are open and publicized to the community. AMOUNT $17,000.00 For artist fees and program expenses. Payable upon completion, submittal of invoice and documentation regarding; • Final budget, actual • Completion of evaluation form • Final report of program activities • Programs, brochures, flyers if available PUBLIC BENEFIT Programs are accessible to a broad range of King County residents. All events are open and publicized to the community. Approximately 1,200 free tickets to Kent Kids'Arts Day distributed to economically disadvantaged families. Summer arts activities are provided free of charge, including 12 summer concerts. Complimentary and discounted tickets for many performances are distributed by local social service agencies; these tickets reach seniors, teens, disabled citizens and ethnically diverse groups. Public and school lectures, workshops and other outreach activities are offered for free or very low cost in conjunction with performances. Scholarships for classes and residency activities are available. PUBLICITY/PROMOTION POLICY Prominent acknowledgment of 4Culturc/King County Lodging Tax Fund is required of all recipients for use in all publicity and promotional materials, including, but not limited to brochures, websites, press releases, programs, posters, public service announcements, flyers and advertisements. Please contact your 4Culture contract administrator or go to www.4culture.org to download the appropriate logo credit. Pin�l payment will not be made until acknowledgment is submitted on printed material I� Page 17 EXHIBIT B 201.15- L6 Arts Sustclined Support - Local Arts Agencies City of Kent Arts Cornn-iission Mailing Address Website 220 4th Ave S v ,Lv kenCarts c�om Kent Washington Email 98032 r�Ijt,Lheck n keni_r_vn_cjcw '.. Shipping Address King County Council District # 220 4th Ave 5 9 Kent Washington WA State Legislative District # 98032 33 Phone Date Incorporated (253) 856-5050 10/20/1975 '.. Fax federal Tax ID (253) 856-6050 91-6001254 WA State UBL#. C-1,73-000-002 Revenue last fiscal year $743,289 Revenue 2nd to last fiscal year $836,699 Organization Director ! Cultural Programs Manager, Ms. Ronda Blllerbeck Director Email r[)Illerbeck@kentwa.gov Director Phone (253) 856-5055 Organization Description Kent Arts Commission Is a municipal local arts agency, dedicated to providing high quality arts and cultural programs for the citizens of Kent. Mission. To provide leadership in establishing cultural opportunities and arts education, to improve the quality of life and enhance the aesthetic environment and to promote Kent as a center for great arts. Contact Person Contact Phone Contact Email Community a) Describe your community. b) How is it changing? file:///Cl/,..O,Ipplications/City%20OF/°20Kcnt°/o20Ajts%20Cominission/City%20oPA20Kent"/"20Atts%20Commissioll 0001 6eldData.hlml[]2129/2014 3:51:39 PMI Page 18 I i We suggest you use about 250 words. a) Kent is a suburb of 118,000 between Seattle and Tacoma; it is the sixth largest city in the state. Kent Is geographically large as well, with an area of 33 square miles. Ethnic minorities make up 44% of our population, a figure that has increased 60% since the 2000 census, In 2006, 27% of Kent residents were foreign-born and among people at least five years old, 32% spoke a language other than English. There are over 100 languages spoken by students In the Kent School District, including Spanish, Ukranlan, Punjabi, Somali, Vietnamese, Russian, Tagalog, Cambodian, Korean, and Chinese. Kent is the fourth largest manufacturing and distribution center in the United States; it is home to 4,500 businesses and approximately 78,000 jobs, Kent's $8 billion gross business income is the highest among its peer cities in South King County. However, our median household income is 21% lower than the rest of King.County, and 15% of Kent residents are In poverty (compared to 10% in King County overall), The inconvenience and expense of traveling to Seattle limit access to the arts in Kent. b) The Kent community is continuously changing - becoming ever more diverse and urban. Ethnic diversity has steadily increased over the past decade and we expect that trend to continue as Kent becomes home to more foreign immigrants. As our downtown area becomes more urban, we are striving to make it more of a dynamic and vibrant core for our geographically sprawling community. Additionally, one of the City Council's strategic goals is to develop a strong network of neighborhoods and neighborhood urban centers. Kent's sprawling geography creates challenges in developing a strong community core. Our award-winning parks system and school district continue to assist in achieving this goal. Programming a) How does your programming respond to your community needs? b)What program are you most proud of and why? We suggest you use about 250 words. a) We are committed to providing access for all citizens to quality arts experiences, 2013 attendance at our programs totaled more than 30,000. Participant characteristics vary and reflect the community's diverse ages, ethnicities and economic statuses. Over 40% of Kent residents are considered low income and we employ a variety of efforts to increase participation from these residents, including free concerts, outreach activities, and admission vouchers. We have made progress in developing p g multicultural audiences by presenting ethnic art forms and engaging in grass roots promotions within different ethnic groups. Developing relationships with leaders and members of each group is the most effective tool in engaging and serving these communities. It is time-consuming work and we are slowly beginning to see results. In addition to incorporating diverse art forms in our own programming, our "Give Me Culture" grant program broadens participation in, and showcasing of, arts and cultural activities by ethnically diverse and underserved communities. b) As a municipal arts commission, our mandate is to serve the large and diverse population of Kent. Our programming must serve varied interests, build community, and educate citizens. Because of this broad mission, we are most proud of the diversity of our programming, rather than any one program in particular. Our performing arts program features more than 30 performances annually, including free summer concerts in the parks and "Spotlight Series" shows ranging from blues and classical music to modern dance, theater, and Hawaiian slack key guitar. Our educational outreach program brings acclaimed artists such as the California Guitar Trio into high schools to work with music students, as well as Korean-American, Creole, and Indian artists into community settings to share their knowledge and skills. Our public art program runs the gamut from the Internationally acclaimed Bayer Earthworks, to murals created by "at risk" students. Kent Kids' Arts Day is an annual event that features a dozen hands- on projects, giving kids and families the opportunity to learn about and create through various mediums, 4th of July Splash brings our community together in a large festival format. The Centennial Center Gallery provides regional artists with exhibit opportunities and brings high quality visual arts to the public. Our two funding programs support and nurture local artists and organizations. file:///Cl/...Oapplications/City%2OoP/°2OKent%2OArts%20Commissioii/City%2Oof%2OKent%2OArts%2OCommission_0001_fietdData.bhnl[12/29/2014 3:51:39 PM] Page 19 Management a) How is your agency structured? b) How do you collaborate with other municipal departments and community agencies? c) How does your agency foster the development of art,local artists, and local arts organizations? We suggest you use about 250 words. a) The Kent Arts Commission was established by City Ordinance in 1975. It is an advisory board of 12 to 15 volunteer citizens, appointed by the Mayor to promote cultural programs and provide citizen input to the planning of arts and cultural activities in Kent. City staff within the Cultural Programs Division of Kent's Parks, Recreation and Community Services Department provides support to this group. The Commission is directed by the Cultural Programs Manager, and professionally staffed by an Arts Coordinator and an Administrative Assistant b) We work extensively with Public Works, Parks Planning and Development, and Parks Maintenance to incorporate new public art Into capital projects and park Improvements, as well as to conserve and maintain existing works. We regularly collaborate with our Senior Center, Youth/Teen Program, and Inclusive Recreation group to bring arts experiences to specific populations. We work with Housing and Human Services to tackle issues such as food security and serve Immigrant populations, Collaboration with Police, Fire, and Public Works Departments is important to security, traffic, and logistics involved in large events. We also work with service clubs (Lions, Rotary), social service agencies (Kent Youth and Family Services), and libraries in the planning, promotion, and delivery of programs. We have a long- standing mutual use agreement with the Kent School District that allows us to utilize school theaters for performances. We work with the ShoWare Center to co-present larger scale concerts, and are also continuing our cultural tourism partnership with Renton, SeaTac, and 4Culture Public Art that promotes the Earthworks in the Green River Valley. c) We foster the development of local art, artists, and organizations through two grant programs. Community Arts Support Program (CASP) provides financial support for projects by arts and cultural organizations, community groups and individual artists. The program encourages, develops and supports community arts programming that serves the general public, and provides opportunities for innovation and development of unique services outside the scope of our existing programming. In 2012, we launched the Give Me Culture program, which offers small, flexible grants for arts, culture, and heritage projects by ethnically diverse and underserved communities. There is a rolling deadline and each applicant is provided with technical assistance in conceiving their project, preparing their application, and implementing their plan. Future a) What plans does your agency have for advancing its mission? b) what are the challenges? c) If Sustained Support funding were reduced or eliminated, how would your activities be impacted? i We suggest you use about 250 words. '.. a) The Kent Arts Commission determines key initiatives and challenges as part of the City's annual budget process. City Council sets strategic goals and the Arts Commission annually reviews programs and sets goals with these broad, strategic goals in mind, Our City Art Ordinance requires us to establish One-Year and Five-Year City Art Plans that guide the allocation of our $2 per capita public art funding. These plans are reviewed and approved by City Council. Immediate plans include: -Implement the 2014-2018 City Art Plan, including a new community project: Kent Arts DIY. Kent Arts DIY (Do-it-Yourself) will foster inclusiveness by highlighting the talent and creativity of the Kent community. Participants will showcase their projects (traditional, community, and/or folk arts) online. The plan also includes an underpass gateway project in partnership with the City's economic development department, as well as a focus on interpretive tours about Kent's cultural and historic resources. We will continue to promote and maintain our existing collection through community partnerships. -Continue production of the successful Spotlight Series of performing arts events. Strive for high quality, file:111Ch...Oapplications/City%200f/o20ICenl%2OAiis°%20CommissioiYCity%2Oof%2OKont%2OArts%2OCommission_0001_fieldData.hbn][12129/20143:51:39PIv1] i Page 20 i balance of genres, ethnic diversity and offerings for youth, while focusing on a self-sustaining series. -Ensure ethnic diversity is reflected in programming choices. Continue to generate and implement strategies to expand audience participation among diverse citizens. b) Maintaining high quality programs with decreased staff and resources continues to be our biggest challenge. In 2010, we eliminated one FTE in the Cultural Programs division (reducing full time staff 20%), cut a number of related programs and implemented 10-15% reductions in many remaining programs. Another FTE was cut in 2012, bringing our staff of five down to three. While there are signs that the City's financial picture is slowly stabilizing, there are challenges keeping our budget flat as we move into 2015-2016. Continuing to meet the cultural programming needs of an Increasingly diverse community with limited staff is an on-going challenge. Achieving the mandate for our performing arts events to be self-sustaining is a significant challenge, c) The City of Kent has a long history of supporting arts and culture. Our arts commission is one of the oldest in the state and our City leadership has remained committed to funding arts and culture as important elements of a vibrant community. We feel confident that the arts will continue to be an integral part of city services in Kent. However, loss or reduction of Sustained Support funding would definitely be an impact. Our annual award has been $17,000 - a significant amount that makes a real impact on our ability to leverage local support, continue core programming and take risks with new ideas and projects. Strong Sustained Support funding sends a clear message to elected officials and City leadership about the importance of arts and culture, and provides a safety net that allows us to present a variety of genres and emerging artists that build audiences and serve unique interests. The funding also helps us keep our ticket prices low and to offer free programming, Externally Hosted Work Samples III ',...... file:///Cl/...Oapplications/City%20of°/201Cart%20Arte%20CommissionlCity%20ot%20Rett%20Arts%20Commission 0001_fieldData.Ltml[1 2/2912 0 1h3:51:39PMI I Page 21 City of Kent Arts Commission — Staff List Title Name Percentage of time allocated to arts programs Cultural Programs Manager Ronda Billerbeck 95% Cultural ProgramsCoordinator on 30% Administrative Assistant Calleen Bidman 80% i I I I I I Page 22 G N o c c L' ° `m r 2 E ❑3�❑3 m` m .� K'� > m U �C Qmw mAE`mO sIE o orc o n E¢ NU -�2 0mN m o E -iL m> � G EO p m � E 6 m o0o Oo o€ uU to wi i NO ON CROWN, ONOOON ON ON Om'OAmNcc`m N O E° E n mNr '.. o,OME 'ip a� c � OEva o ro '° rn d)ca E E 2 e oMMLc�i Emv,aG. 'MM(NO�aNNdD'r�ONo (vNSEO+.N__UO@-J U.UOct07 NnoN V 0O aa9O NOMNui N ti�m Nm3 n O ri @ o nO)3MoU vONu�i 0LNc cc NO o � E O:1N0° nmNM ENLN 00 W5 .GN O m O 0 o mQN) •S Qy >Q Q V Q Q Q Q '4 ❑ O C O C g C O L O N C O C O C O C O C O C O C O N m .* ,-'_ ' Xrn Yrn Yrn YmYcn W mY wYrn Ym Yrn Ym Xm Yrn N N m ' "w W Z W w m N N y > N Z U) N N N U) O O V) N Y (NO N O rr N m O O N NN N N I ZD N N N N O O N N N N N N m L (y y N z UN F U �LI C LU I E 0 ° N -3 m d .s _ m E m c o ,-c• d E L C d @ N m U U ❑ ❑ 0 0E- lE r (' Q Page 23 City of(Cent Arts Commission Annual Arts Programming 2013 Number of Title;ofEvemt,-Program,Service '.L, Dates Events"' Lac-atjon , Attendance Spotlight Series-Sister Rolls the Dice 19-Jan 1 Kentwood PAC 318 Spotlight Series-Ken Waldman 25-Jan 1 Kent-Meridian PAC 76 ', Spotlight on Arts-Ken Waldman outreach 25-Jan 2Kent-Meridian HS 65 Spotlight Series-Matt Andersen 1-Feb 1 Kent-Meridian PAC 120 Spotlight Series-BYU Young Ambassadors 27-Feb 1 Kentwood PAC 471 '.. Spotlight on Arts-BYU master classes 27-Feb 3KentrldgeHS 60 Spotlight Series-Bill Harley 2-Mar 1 Kent Commons 52 '........ Spotlight on Arts-Bill Harley assemblies 1-Mar 2 East Hill Elementary 500 Spotlight Series-Taylor 2(Paul Taylor Co.) 8-Mar 1Kent-Meridian PAC 60 "'.. Spotlight on Arts-Taylor 2 master classes 7-Mar 2 Allegro Academy 70 Spotlight Series-Alpin Hong 22-Mar 1Kent-Meridian PAC 224 '.... Spotlight on Arts-Alpin Hong Outreach Mar 19-22 5Kent Schools 2,500 Spotlight Series-Sister's Summer School 20-Sep 1Kentwood PAC 231 Spotlight Series-Levey Smith&her Red Hot Skillet l 4-Oct 1Kent-Meridian PAC 162 Spotlight Series-Keola Beamer/R.Carlos Nakai 24-Oct 1Kent-Meridian PAC 241 Spotlight on Arts-Keels Beamer lecture/dem 24-Oct 1 Kent Senior Center 83 Spotlight Series-Magical Strings 8-Dec 1 Kent-Meridian PAC 270 i Kent Klds'Arts Day 2-Mar 1 Kent Commons 1,500 Student Art walk Mar11-22 1 Downtown Kent 1,500 Youth Digital Art Project 13-Apr 1 Kent Phoenix Academ) 12 Summer Art Exhibit Jun-Aug 1 Centennial Gallery 1,000 ',.... Summer Concert Series July-Aug 18 3 outdoor parks 7,150 4th of July Splash 4-Jul 1 Lake Meridian Park 18,000 Centennial Center Gallery Exhibits 2013 6 Centennial Gallery 5,000 Portable work acquisition 2103 n/a n/a n/a Grants to artists and organizations 2013 15 Various 4,530 Public art:on-going dev.,maintenance 2013 n/a Various n/a Torhi -- - 7p 44,195 I I Page 24 ,'.,. CULTURE 2015 Arts Sustained Support Operating Budget Form 50,SECOND AVENUE ,,,,,Eton :en.Lewn^s+oa ORG NAME: City of Kent Arts Commission YOUR FY ENDS: December 31, REPORT OPERATING EXPENSES ONLY-DO NOT INCLUDE CAPITAL EXPENDITURES ACTUAL ACTUAL CURRENTYEAR PY2011-12OF2012 FY201243or2013 FY2013-14or2014 1 Operating Expenses: 2 Personnel: 3 1 Artistic permanent 0 0 0 4 temporary 230,094 242,294 213,129 5 2 Production permanent 0 0 ° 6 temporary 21,444 24,159 18,575 L. 7 3Administrative permanent 405,875 312,122 318,201 a temporary 1,444 1,603 1,709 9 4 Education permanent 0 0 0 10 temporary 0 0 0 11 Production/Exhlblllon expenses 21,942 14,682 - 13,941 12 MarkelinglPromollonexpenses 68,eso 53,958 83,008 - 13 Fundraising expenses 0 0 0 14 Education expenses 2,442 1 2,069 2,892 15 Occupancy expenses(mod9ngwrentIIIJINs) 8,644 1 7,015 181727 16 Travel and Transportation 3,819 I 2,425 4,672 17 Administrative expenses 55,949 1 67,193 112,648 18 Srlbtotal 920,503 727,520 787,502 19 In-Kind Expenses(must=In-kind Contributions) 16,196 15,769 14,006 20 TOTAL OPERATING EXPENSES B36,699 743,289 801,s10 r 21 Earned Income: 22 Single Tickets Box OftelAdmission 41,126 42,847 51,568 - 23 SubscdptlenlMembership ° 1 0 0 24 TuitonNVorkshops 33 1 23 ° 25 SaleslConcessionslRentals 24,266 1 10,651 10,000 26 Interest&Earnings)savings,reserves,etc.) 0 0 0 27 Other Earned Income 0 1 0 0 28 TOTAL EARNED INCOME 65,425 1 53,521 61,568 29 Earnetl income percentage 8% 7% B%' 30 EARNINGS GAP (771,274) (689,768) 1 (739,942) 31 Contribute Income: � 32 NEH,NEA,and MIS 1 0 1 10,000 0 33 Other Federal Government ° ° 0 34 WSAC 3,500 6,000 3,950 35 Other Slate Government 0 0 0 36 40uIWre 40,500 17,000 17,000 37 Other County Government 0 1 0 D 38 SOACA(Seatis) 0 1 0 0 39 Other City Government 663,546 598,514 676,083 40 Adsfund 0 0 0 41 Other Corporations 40,600 31,107 24,349 42 Foundations 4,750 9,D00 2,500 43 PONCHO 0 0 0 44 IndMduals 2,182 2,378 1 2,052 45 FundraiI Events(11INet or❑Groes Income?) a a 0 46 Misc.contributions 0 0 0 47 SUBTOTAL CONTRIBUTED INCOME 755,078 673,999 728,934 '.. 48 In-Kind Contributions 16,196 15,769 14,008 49 TOTAL OPERATING INCOME 836,699 743,289 Bo]-,510 Page 25 '..., EXHIBIT C INSURANCE REQUIREMENTS i Contractor shall procure, at its sole cost and expense, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with the performance of work hereunder by the Contractor, his agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Contractor or subcontractors. For All Coverages: Each insurance policy shall be written on an "Occurrence"form. 1. Minimum Scope of Insurance needed for this contract is as follows: ® Commercial General Insurance Services Office form number(CG 00 01 Ed. 11-88)—Minimum Liability Combined Single Limit of$1,000,000 BI & PD with a General Aggregate or project Automobile Liability Covering all owned and non-owned and hired automobiles—Combined Single Limit of$1,000,000 BI & PD 2. Deductibles and Self Insured Retentions. Any deductibles or self-insured retentions must be declared to, and approved by, 4Culture. The deductible and/or self-insured retention of the policies shall not apply to the Contractor's liability to 4Culture and shall be the sole responsibility of the Contractor. 3. Other Insurance Provisions A. The insurance policies are to contain, or be endorsed to contain,the following provisions: (a) General Liability Policies j (1) 4Culture, its officers, employees and agents are to be covered as primary additional insureds as respects liability arising out of activities performed by or on behalf of the Contractor in connection with this Agreement. (2) To the extent of the Contractor's negligence,the Contractor's insurance coverage shall be primary insurance as respects 4Culture, its officers, employees, and agents. Any insurance and/or self-insurance maintained by 4Culture, its officers, employees, or agents shall not contribute with the Contractor's insurance or benefit the Contractor in any way. (3) The Contractor's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. (b) All Policies (1) Coverage shall not be suspended, voided, canceled, reduced in coverage or In limits, except as reduced in aggregate by paid claims, at any point during the life of this contract. No material change, or cancellation or nonrenewal of any policy required by this contract shall occur without thirty (30)days' prior written notice to 4Culture. 4. Acceptability of Insurers Unless otherwise approved in writing by 4Culture, insurance is to be placed with Insurers with a Best's rating of no less than A:VIII, or, if not rated with Best's,with minimum surpluses the equivalent of Bests'surplus size Vill. 5. Verification of Coverage 4Culture, reserves the right to request that contractor submit the certiflcate(s)of insurance evidencing compliance with all requirements set forth above. II Page 26 Page 27 PARKS, RECREATION AND COMMUNITY SERVICES ® � T Jeff Watling, Director Phone: 253-856-5100 Fax: 253-856-6050 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 May 28, 2015 TO: Kent City Council Parks and Human Services Committee FROM: Jeff Watling, Parks, Recreation and Community Services Director SUBJECT: Professional Services Agreement with ARC Architects for the City Hall Campus Space Efficiency Project MOTION: Move to recommend council authorize the mayor to sign the professional services agreement with ARC Architects for $40,193.00 to complete a City Hall Campus Space Efficiency Project, subject to final terms and conditions acceptable to the parks director and city attorney. SUMMARY: With the results of the November vote on the Public Safety bond measure, discussion was held at the City Council Retreat on the efficiency of current office space within the City Hall campus, and whether there is a creative way to find additional capacity that would allow us to address our public safety space needs in a cost effective manner. Utilizing the city's Consultant Roster, three architectural firms with experience in the design and development of City Halls were contacted to submit statements of qualifications (SOQ) for the City Hall Campus Space Efficiency Project. From requests and submittals, staff recommends the selection of ARC architects, to perform this work. ARC and city staff worked on finalizing the scope of work and fee. ARC has direct experience in designing city halls from the ground up, as well as city hall renovations that create better efficiency. Derek Matheson and Jeff Watling are co-leading this effort. They are putting together a city team with representatives from work groups within City Hall to provide input and guidance through the process. EXHIBITS: Draft professional services agreement BUDGET IMPACT: Increase expenditure budget of $40,193 for Professional Services in the Facilities Fund. This contract will be funded with 2014 ending fund balance Page 28 Page 29 PROFESSIONAL SERVICES AGREEMENT between the City of Kent and ARC Architects THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and ARC Architects, organized under the laws of the State of Washington, located and doing business at 1101 E. Pike Street, Floor 3, Seattle, Washington 98122. (206) 322-3322, Bond@ARCarchitects.com (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City:' City Hall Campus Space Efficiency Project; as described in the Scope of Services attached and incorporated as Exhibit A. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION.;.The,parties agree that,'work will begin oh'Ahe tasks described in Section I above immediately upon the effective date of this Agreement, and Contractor shall complete the work by October 31, 2015. III. COMPENSATION., The City shall pay, Contractor a total amount not to exceed Forty thousand, one hundred ninety, three,dollars and.no cents. ($40,193.00) for the services described in this Agreement. The Contractorlshall invoice the City monthly based, on time and materials incurred during the preceding month. The hourly rates charged fo'r Contractor's services shall be as delineated in the attached and incorporated Exhibtt A. All hourly rates charged shall remain locked at the negotiated rates throughout the term of this Agr'e nte' . 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 Co. 51.08 RCW, the parties make the following representations: A. The Contractor has the afiity to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. P:Contracts/PALM/ARC Architects I i� Page 30 i F. The Contractor 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 seven (7) calendar days written notice at its address set forth on the signature block of this Agreement. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor shall not discriminate against any person who is qualified and available to perform the work to which the employment relates as provided for by the City of Kent's Equal Employment, Opportunity Policy. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City AdministrativelPolicy 1.2, and upon completion of the contract work, file the attached Compliance Statement, VII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmlessf,xom any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion„ of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any'of_Contraetor's work whenicompleted shall not be grounds to avoid any of these covenants of indemnification The provisions of this section shall survive the expiration or termination of this Agreemenni. In the event Contractor refuses tenderof defense in any-,' uit 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 w"rengful refusal on the Contractor's part, then Contractor shall pay all the;City's costs for defense, inciuding;;all reasonable expert witness fees and reasonable attorneys' fees;`plUs the City's legalcosts nd fees"ncurred because there was a wrongful refusal on the Contractor's port VIII, INSURANyCE. Th'e, C ctor shall procure and maintain for the duration of the Agreement, insurance of-- the types and.in the mounts described in Exhibit B attached and incorporated by this reference. - XII. CONTRACTORS WORK AND. RISK. The Contractor agrees to comply with all federal, state, and municipoi,laws, rules, and'regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those services. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any_,Eoss of or damage to materials, tools, or other articles used or held for use in connection with the work XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules P:Contracts/PADM/ARC Architects Page 31 and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement b"y'°.dither party without the written consent of the non-assigning party shall be void. F. Modification. No waiver, alteration, or modificatioriry-of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions-and terms, of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any office)^'d%c other representative of the City, and such statements shall not be,effective or bE construed as enterintjr'into or forming a part of or altering in any manner this Agreerfertt; Should any ,language in any of the exhibits to this Agreement conflict with any language contained 16--Ahis Agreelitent, the terms of this Agreement shall prevail. _ H. City Businessltkenser;Reauired Prior to"'Commencing the tasks described in Section I, Contractor agrees to provide prQ f of a current city df Kent business license pursuant to Chapter 5.01 of the Kent City Code I. Counterparts. Thfs;�Agreeme t may be executed in any number of counterparts, each of which Sh)aH`_tonstftute afi-. original,. and all -of which will together constitute this one Agreement IN WITNESS,the parties below execute this Agreement, which shall become effective on the last date entered Below. CONTRACTOR: CITY OF KENT: a�7 By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its: Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Rex Bond, Principal Jeff Watling, Director ARC Architects CitV of Kent P:Contracts/PADM/ARC Architects Page 32 1101 E. Pike Street 220 Fourth Avenue South Seattle, WA 98122 Kent, WA 98032 (206) 322-3322 (telephone) (253) 856-5007 (telephone) (206) 322-9323(facsimile) (253) 856-6050 (facsimile) APPROVED A5 TO FORM: Kent Law Department 4-1 w fi i t li P:Contracts/PADM/ARC Architects Page 33 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions fol=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 Kerlt administrative' policy number 1:2e 2. During the time of this Agreement-I Wlll-not discrirr qr to 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'thl§ Agreemgnt the prime contra"etor will provide a written statement to all new employees sand subcontractors Indicating commitment as an equal opportunity employer. :- 4. During tirO time of the Agreement I;'the jime 'contractor, will actively consider hiring and promotlgh of women and mi'ndrities. sk. I 5. Before acceptance of this Agreerri nt, 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 fulfillth'e five requirements referenced above. Dated this day of 20 . By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 Page 34 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 org 'tzation and, if holding Agreements with the City amounting to $10,000 or more within any given� ar, must take the fotlo:+Hing affirmative steps: 1. Provide a written statement to , all newh employees and subcontractors indicating commitment as an equal opportuirlty,employer }tom��n _ 2. Actively consider for promotion and advaneernent avaifa"ble minorities and women. e,_ Any contractor, subcon actor,- consultant: or supplleikwho willfully disregards the City's nondiscrimination and equal opportunity requirements shail be considered in breach of contract and subject to suspension "or.--termination for all or'part of the Agreement. Contract Compliance ,Officers will be'appb;inted byhe Directors of Planning, Parks, and Public . Works Departments to assume the following duties fo`r their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with;the regulations and the City's equal employment opportunity policy. r* 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. C T 7 CEO COMPLIANCEC DOCUMENTS Page 35 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the befoYementioned company was the prime contractor for the Agreement known as that was entered into on the (date) r between the fttn,,I represent and the City of Kent. y I declare that I complied fully with all he require mett and obligations as outlined in the City N4 . of Kent Administrative Policy 1,2 and the.Declaration City 6f Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreei�.1ent. Dated this day of 20 -x W n By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 1( Page 36 I CA P 4/27/15 KENT CITY HALL AND POLICE EFFICIENCY STUDY Scope of Work 1- Compile background materials including city and police organizational charts,fleet vehicles, as- built drawings 2- Meet with steering committee to review objectives,schedule and deliverables 3- Analyze facility requirements and trends including projected city growth and impact on staffing requirements. 4- Establish space standards for all staff based on current trends and steering committee direction. This will identify desired office sizing and systems furniture work stations based on staff position and work performed.Team will then walk each department to determine on-floor space requirements for each department and identify current inefficiencies. 5- Complete draft program with assigned square footages per department 6- Meet with department heads to determine best adjacencies between working groups.The adjacency diagram will provide direction for department locations within the 4 building campus 7- Determine if available square footage is adequate to meet the space needs of city hall and police. 8- If adequate, provide diagrammatic options for departmental location/relocation.Test fits will be presented to steering committee for review and comment. 9- Provide final efficiency study including program and test fit. 10- Direction from steering committee on advancing the project. Pa �7 + -u�=- 1: Compile.background materials ° Non-building solutions - and the extent to '... We will review the availability and adequacy of which they may be applied to space your previous studies and plans as well as requirements as a result of: background information including property Hotels -where staff schedule office or maps and appraisals, facility as-built drawings, conference space on a reservation basis to departmental space layout drawings and coincide with their in-office time schedules, organization charts, and existing and projected Telecommu[ing- where staff work off-site '....... level-of-service (LOS) information. using e-mail, network, and other electronic connections rather than on-site '. 2: Meet with project participants workstations, or We will meet with you, your staff, officials, and Teleconferencing- where staff conduct any other persons appropriate to review project conferences with other employees using '.. 1, objectives, telecommunications equipment rather than time in-office spaces. i schedules, budgets, and We will enter the results of our tour into a j other work database worksheet projecting the net square program footage requirements for each department over particulars. the projection periods. Your meeting yr. participants We will also analyze and project space savings will resolve a final scope of work detailing possible from the application of systems major task contents, responsibilities, products, furnishing concepts in appropriate agency open and other features, office work areas and functions. i S: Conduct adjacency workshop We will conduct a'gaming' or planning charrette 3: Analyze facility requirements trends with your directors and representatives of your Using the information gathered during task 1-2, departments to be co-located in various we will compile and analyze your level-of- facilities. service impacts due to: Your workshop participants will manipulate a • Population growth and demographic series of schematic representations of each composition - including the impact of future department's critical space features using the city development, department tour results elicited in task 4. The . Planning, building, and finance activity- gaming session will determine the reasons including development plans, building permit behind each department's adjacency trends, financial accounting and management preferences and any other location. practices, considerations that maybe affected by: ® Any other key trend or statistic - that may indicate workload or level of service Common visitors - or clientele, requirements. Shared use - of support or special space, • Common environmental requirements - 4: Tour facilities such as security, lighting or mechanical, We will tour department space and facilities to ° Common building environments -large observe and evaluate: and open as opposed to small and structured floor plans, offices, and work areas, Space requirements - by office and ° Ground floor- or high access location workstation (private and open), support services needs, and/or (reception, files, storage, reproduction and Special security requirements. equipment), and special purpose activities (conference and lounge), 1 � t i Page 38 ._ cyk �¢ We will develop the results of the gaming increments from the present over the next S to sessions into a series of schematic drawings 20 year time period. The projections will be depicting weighted adjacency scores, activity based on the results of task 3-4 and include: clusters, and zones that should be considered in your subsequent building use evaluations. Staff and equipment needs - accounting for building and non-building solutions. The product of the adjacency or cluster analysis Building space needs - including will be a series of drawings illustrating the ideal specialized facility requirements and functional '.. location of each department or section within an relationships, ',.. overall., ideal context were there no limitations n 5ggRgrtlnQ building or site improvements affected by building constraints. We will use - including special storage, shop, parking, or this idealized diagram as a benchmark by which loading areas, and '..... departments can be organized into alternative -- -- --_-- 7: Review space/adjacency requirements with project participants We will review and discuss the space iM requirements forecast for each department and ` special purpose activity with your elected officials and key department directors during .. i workshop sessions. ' '7—'(y < Your workshop participants will evaluate forecast consequences and resolve a final space i requirement forecast for each department to be used in your subsequent planning tasks. building schemes in subsequent tasks. ',, 6: Project facility space requirements We will project future facility needs corresponding with population service level z g� � rc Kent City Hall & Police Efficiency Study FEE PROPOSAL- Part One '.. SCOPE: Programming I adjacencies I test fit '.. 4/29/2015 FEE SUMMARY fee _ amount remarks Architecture $21,828 - ARC Architects Consultants programmer $18,365 $18,365 Beckwith Consulting '.., landscape $0 none at this time structural $0 none at this time mechanical $0 none at this time electrical $0 none at this time audio visual $0 none at this time '.. acoustic $0 none at this time Expenses $0 none at this time (l'OTAL- PEE6 ; -- --�-.-- _ _ _ a �,$` l63 ARC ARCHITECTS TASK ANALYSIS BY PHASE (2015)BILLING RATES - partner $165 project manager $140 '.... project architect $126 design staff $75 TASK partner proj mgr design staff iremarks I Part One programming 16 16 adjacencies 4 4 as-built verification 16 16 test fits 16 16 40 presentation graphics 12 24 Team Coordination programmer 4 4 Meetings presentation of findings. _4 Hours 44 68 80 Hourly Rate $165 $126 $75 Subtotal Fee $7,260 $8,568 56.000 $21,823 I I 1 III Page 40 I EXHIBIT INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. 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 Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000general Page 41 I' EXHIBIT B (Continued) aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit, C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. i D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor, All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. Page 42 Page 43 ® PARKS, RECREATION AND COMMUNITY SERVICES (CENT Jeff Watling, Director ......... Phone: 253-856-5100 Fax: 253-856-6050 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 May 28, 2015 TO: Kent City Council Parks and Human Services Committee FROM: Jeff Watling, Parks, Recreation and Community Services Director SUBJECT: Interlocal Agreement Extension with King County for Animal Services MOTION: Move to recommend council authorize the mayor to sign the interlocal agreement with King County extending animal services for 2015 - 2017, subject to terms and conditions acceptable to the parks director and city attorney. SUMMARY: As part of the Regional Animal Services of King County Coalition (RASKC), the contracting cities are customers of the Animal Services Program provided by the county and partners in making regional animal services work effectively. The new Interlocal Agreement extends the duration of the contract for two years from December 31, 2015 thru December 31, 2017. EXHIBITS: King County Interlocal Agreement Extension BUDGET IMPACT: Budgeted in the Parks Administration Budget Page 44 i Page 45 AGREEMENT TO EXTEND ANIMAL SERVICES INTERLOCAL AGREEMENT THROUGH DECEMBER 31, 2017 This AGREEMENT is made and entered into by and between KING COUNTY, a Washington municipal corporation and legal subdivision of the State of Washington (the "County") and the rmdersigned Cities ("Contracting Cities"). WHEREAS, the County and each Contracting City entered into an Interlocal Agreement regarding the provision of animal control, sheltering and licensing services for the period of 2013 through 2015 ("Interlocal Agreement"); and WHEREAS, the Interlocal Agreement took effect on July 1, 2012 and remains in effect through December 31, 2015, unless otherwise extended through December 31, 2017; and WHEREAS, the Interlocal Agreement provides for a two-year extension of Tenn in Subparagraph 4.b.; and WHEREAS, Subparagraph 4.b, section i, states either Party may propose amendments to the Agreement as a condition of an extension; and WHEREAS, Subparagraph 4.b, section ii, states that nothing in this Agreement shall be construed to compel either Party to agree to an extension or amendment of the Agreement, either on the same or different terms; and WHEREAS, Subparagraph 4.b, section iii, states that the County agrees to give serious consideration to maintaining the various credits provided to the Contracting City under this Agreement in any extension of the Agreement; and WHEREAS, the County and Contracting Cities ("the Parties") wish to extend the Interlocal Agreement through December 31, 2017, as contemplated within Section 4 of the Interlocal Agreement; NOW THEREFORE, in consideration of the promises, covenants and agreements contained in the Interlocal Agreement, as extended,the Parties agree as follows: 1. The Interlocal Agreement shall remain in effect through December 31, 2017 under the same terms and conditions and may not be terminated for convenience. 2. In order to maintain the same terms and conditions, dates within Interlocal Agreement shall reflect the extended 2016 and 2017 period, as set forth in Attachment A. 3. The County may sign an agreement with additional cities for provision of animal services prior to the expiration of the extended Interlocal Agreement, but only if the additional city agreement will not increase the Contracting Cities' costs payable to the County under the Interlocal Agreement. City of Kent hni�ar�i 11 1015 Page 46 4. The Parties agree that, in light of their decision to now extend the Interlocal Agreement for an additional two year term as provided herein, procedures set forth in Section 4 of the Interlocal Agreement for meeting to discuss the prospect of an extension, for proposing amendments to the hiterlocal Agreement during the extended term and for providing notice of intent to extend the Interlocal Agreement are superfluous. The Parties accordingly waive their rights to such procedures. 5. This Agreement to extend the Interlocal Agreement may be executed in counterparts by each Contracting City and each such counterpart shall be deemed to be an original instrument, but all such counterparts together shall constitute one instrument. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed effective this day of 2015. King County City of Kent i Dow Constantine Suzette Cooke j King County Executive Mayor, City of Kent Date Date Approved as to Form: Approved as to Form: Deputy Prosecuting Attorney Kent City Attorney Date Date I City of Kent January 14 2015 Page 47 ATTACHMENT A RASKC ILA Extension Dates Section 1(d) Definition of"Agreement' means this Animal Services Interlocal Agreement for 201; �0'n 2016 and 2017.... Section 4(e) Limited Reopener and Termination:" If a countywide,voter approved property tax levy for funding some or all of the Animal Services program is proposed that would impose new tax obligations before January 1,2916 2018." Section 7(c) ii—"The City may request licensing revenue support from the County in 2014 and 2915 2016 and 2017..." - "...provision of licensing revenue support in 2014 and 28I5-2016 and 2017..." Exhibit A, Part II Shelter Services "During'^' POI 9 2016 and 2017" Exhibit C, Part 2 - Bullet#2 "(fixed at 2013 level, payable annually through 2816-2017)" "(also fixed at a 2013 level, payable annually through Pol q 2017)" - Bullet#3 "in 2014 and 2015 2016 and 2017..." ".. Licensing Revenue Support Cities with a licensing Revenue Target over$20,000/year will be assured such services in '^4�n-2016 and 2017" Bullet#4 "...of total New Regional Revenues, in 2014 and 2015 2016 and 2017..." Bullet#5 "In Service Years °^' 404&2016 and 2017..." Exhibit C4—Transition Funding Credit,Shelter Credit, Estimated new Regional Revenue A. Transition Funding "..these cities will receive credit at the level calculated for Credit 2013 in the 2010 Agreement for Service Years 2013, Rd PAI q 2016 and 2017. ..." B. Shelter Credit "A total of$750,000 will be applied as a credit in each of the Service Years 2013 2015 2016 and 2017..." Table 3 title "Annual Shelter Credit Allocation—°^'�52016 and 2017" Exhibit C5 Licensing Revenue "in 29!4 and 20015 2016 and 2017.." and Support(E) "...Exhibit F with respect to all-service years (2016 and 2017)" Exhibit C5 Licensing Revenue "For Service Year20!5 2016 and 2017...:. Support,Table 2 Exhibit C-7 "...Licensing Revenue Support in Service Years 2014 er 20-32016 or 2017..." City of Kent January 14, 2015 Page 48 ATTACHMENT B King County—Regional Animal Services—Contracting Cities Beaux Arts Maple Valley Bellevue Mercer Island Black Diamond Newcastle Carnation North Bend Clyde Hill Redmond Covington Sammamish Duvall SeaTac Enumclaw Shoreline Issaquah Snoqualmie Kenmore Tukwila Kent Woodinville Kirkland Yarrow Point Lake Forest Park City of Kent January 14, 2015 I j Page 49 ® PARKS, RECREATION AND COMMUNITY SERVICES KENT Jeff Watling, Director Phone: 253-856-5100 Fax: 253-856-6050 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 May 28, 2015 TO: Kent City Council Parks and Human Services Committee FROM: Jeff Watling, Parks, Recreation and Community Services Director SUBJECT: Food and Beverage Service at Riverbend Golf Complex MOTION: None, informational SUMMARY: The current lease agreement with Mick Kelly's for restaurant services at Riverbend Golf Complex expires June 30, 2015. For a variety of reasons, the city decided not to extend that contract with the current tenant. In recent months, city staff has been working with a restaurant consultant to help identify the optimum/ideal business model for food and beverage service at the golf course. Jeff Watling will provide an update to the committee on that work. He will also outline the plan moving forward that ensures there is no disruption in food and beverage service at the golf course. EXHIBITS: N/A BUDGET IMPACT: N/A Page 50 i Page 51 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 ® Fax: 253-856-6050 ENT WASH 1 N G T G N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 May 28, 2015 TO: Kent City Council Parks and Human Services Committee FROM: Jeff Watling, Director of Parks, Recreation & Community Services SUBJECT: Director's Report [MOTION: None, informational 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