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KENT CITY COUNCIL AGENDA
March 3, 2015
KENT Council Chambers
Mayor Suzette Cooke
Council President Dana Ralph
Councilmember Jim Berrios Councilmember Bill Boyce
Councilmember Brenda Fincher Councilmember Dennis Higgins
Councilmember Deborah Ranniger Councilmember Les Thomas
*********************************************************************
COUNCIL WORKSHOP AGENDA
5 P.M.
Subiect Speaker Time
Procurement Tom Brubaker 60 min
COUNCIL MEETING AGENDA
7 P.M.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. CHANGES TO AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF
4. PUBLIC COMMUNICATIONS
A. Public Recognition
B. Employee of the Month
B. Community Events
C. Economic and Community Development Report
D. Intergovernmental Reports
5. PUBLIC HEARING
6. PUBLIC COMMENT - Please state your name and address for the record. You
will have up to three (3) minutes to provide comment. Please address all
comments to the Mayor or the Council as a whole. The Mayor and Council
may not be in a position to answer questions during the meeting. For more
details regarding the public comment process, please refer to the section
titled, "Public Comments," on the reverse side.
7. CONSENT CALENDAR
A. Excused Absence for Councilmember Bill Boyce - Approve
B. Relocation Assistance Resolution Repeal - Adopt
C. Cooperative Watershed Management Grant, for Mill Creek Side Channel
(Leber) Project - Authorize
D. 64th Avenue South Channel Improvements Union Pacific Railroad Project -
Accept as Complete
(Continued)
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COUNCIL MEETING AGENDA CONTINUED
E. Independent Salary Commission Ordinance - Adopt
F. Trebron Company Inc. (Sophos Maintenance/Support) - Authorize
G. 2014 Consolidated Annual Performance Evaluation Report - Approve
H. 2015 Washington State Slo-Pitch Umpires Association Agreement - Authorize
I. Land 0' Frost Youth Sports Programs Donation - Authorize
J. King County Youth Sports Facilities Grant Agreement for Play Equipment at
Kent Memorial Park - Accept and Authorize
K. King Conservation District Grant Agreement for the Green Kent Partnership -
Accept and Authorize
8. OTHER BUSINESS
9. BIDS
10. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
A. Property Negotiations, as per RCW 42.30.110 (1) (b) & (c)
12. ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's
Office. The Agenda Summary page and complete packet are on the website at
KentWA.gov
An explanation of the agenda format is given on the back of this page.
Any person requiring a disability accommodation should contact the City Clerk's Office
in advance at 253.856.5725. For TDD relay service, call the Washington
Telecommunications Relay Service at 1.800.833.6388.
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COUNCIL WORKSHOP
1) Procurement - Tom Brubaker
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CHANGES TO THE AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF
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PUBLIC COMMUNICATIONS
A) Public Recognition
A) Employee of the Month
B) Community Events
C) Economic and Community Development Report
D) Intergovernmental Reports
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PUBLIC HEARING
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PUBLIC COMMENT
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Agenda Item: Consent Calendar — 7
CONSENT CALENDAR
7. City Council Action:
Councilmember moves, Councilmember
seconds to approve Consent Calendar Items A through K.
Discussion
Action
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KENT Agenda Item: Consent Calendar - 7A
I_ II ITo
TO: City Council
DATE: March 3, 2015
SUBJECT: Excused Absence for Councilmember Bill Boyce - Approve
MOTION: Approve an excused absence for Councilmember Boyce as he is
unable to attend the City Council meeting of March 3, 2015.
SUMMARY: Councilmember Boyce is unable to attend the City Council meeting of
March 3, 2015.
RECOMMENDED BY: Council President Ralph
YEA: N/A NAY: N/A
BUDGET IMPACTS: N/A
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KENT Agenda Item: Consent Calendar — 713
TO: City Council
DATE: March 3, 2015
SUBJECT: Relocation Assistance Resolution Repeal — Adopt
MOTION: Adopt Resolution No. , repealing Resolution No. 698, and
establishing new procedures related to relocation assistance for city
projects not receiving federal financial assistance.
SUMMARY: On June 21, 1971, the city council adopted Resolution No. 698, which
assured compliance with the land acquisition requirements of Title III of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 ("Uniform
Act").
The Uniform Act, passed by Congress in 1970, is a federal law that establishes
minimum standards related to relocation payments for federally funded programs and
projects that require the acquisition of real property or displace persons from homes,
farms or other businesses. The Uniform Act's protections and assistance apply to the
acquisition, rehabilitation, or demolition of real property for federal or federally funded
projects.
The City is bound by the Uniform Act and Chapter 8.26 RCW, pertaining to relocation
assistance, for all projects receiving federal financial assistance, and there is no need
to adopt additional requirements beyond these requirements.
Pursuant to RCW 8.26.010(2), the governing body of the city may elect to opt out of
certain relocation assistance programs if a project is financed solely through city
funds. Relocation payments can sometimes prove cost-prohibitive for completion of
smaller public works projects.
Nothing in this resolution abrogates the rights of the people to due process and just
compensation, as provided in both the Washington constitution and the United States
Constitution, when private property is taken by the government for a public purpose.
Exhibits: Resolution
Recommended By: Public Works Committee
YEA: Fincher — Higgins - Ralph NAY:
Budget Impact: None
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RESOLUTION NO.
A RESOLUTION of the City Council of the
City of Kent, Washington, repealing Resolution No.
698, and establishing new procedures related to
relocation assistance for city projects not receiving
federal financial assistance.
RECITALS
A. On June 21, 1971, the city council adopted Resolution No.
698, which assured compliance with the land acquisition requirements of
Title III of the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 ("Uniform Act").
B. The Uniform Act, passed by Congress in 1970, is a federal law
that establishes minimum standards related to relocation payments for
federally funded programs and projects that require the acquisition of real
property or displace persons from homes, farms or other businesses. The
Uniform Act's protections and assistance apply to the acquisition,
rehabilitation, or demolition of real property for federal or federally funded
projects.
C. The City is bound by the Uniform Act and Chapter 8.26 RCW,
pertaining to relocation assistance, for all projects receiving federal
Relocation Resolution
1 Repealed
New Resolution Adopted
financial assistance, and there is no need to adopt additional requirements
beyond these requirements.
D. Pursuant to RCW 8.26.010(2), the governing body of the city
may elect to opt out of certain relocation assistance programs if a project
is financed solely through city funds. Relocation payments can sometimes
prove cost-prohibitive for completion of smaller public works projects.
E. Nothing in this resolution abrogates the rights of the people to
due process and just compensation, as provided in both the Washington
constitution and the United States Constitution, when private property is
taken by the government for a public purpose.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1, — Resolution No. 698 - Repealed. Upon the effective
date of this resolution, Resolution No. 698 is repealed and will no longer be
effective for application in the City of Kent.
SECTION 2, — New Policy. As provided in RCW 8.26.010(2), the
City Council of the city of Kent elects not to comply with the provisions of
RCW 8.26.035 through 8.26.115 and RCW 8.26.180 through 8.26.200 in
connection with programs or projects not receiving federal financial
assistance.
SECTION 3. — Savings. If any section, subsection, paragraph,
sentence, clause or phrase of this resolution is declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the
remaining portions of this resolution.
Relocation Resolution
2 Repealed
New Resolution Adopted
SECTION 4, — Ratification. Any act consistent with the authority
and prior to the effective date of this resolution is hereby ratified and
affirmed.
SECTION 5, — Corrections by City Clerk. Upon approval of the City
Attorney, the City Clerk is authorized to make necessary corrections to this
resolution or its exhibit, including the correction of clerical errors;
references to other local, state or federal laws, codes, rules, or regulations;
or resolution numbering and section/subsection numbering.
SECTION 6, — Effective Date. This resolution shall take effect and
be in force immediately upon its passage.
PASSED at a regular open public meeting by the City Council of the
City of Kent, Washington, this day of March, 2015.
CONCURRED in by the Mayor of the City of Kent this day of
March, 2015.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
Relocation Resolution
3 Repealed
New Resolution Adopted
I hereby certify that this is a true and correct copy of Resolution No.
passed by the City Council of the City of Kent, Washington, the
day of 2015.
RONALD F. MOORE, CITY CLERK
Relocation Resolution
4 Repealed
New Resolution Adopted
KENT
Agenda Item: Consent Calendar - 7C
TO: City Council
DATE: March 3, 2015
SUBJECT: Cooperative Watershed Management Grant, for Mill Creek Side Channel
(Leber) Project - Authorize
MOTION: Authorize the Mayor to accept the King County Cooperative
Watershed Management Grant for the Mill Creek Side Channel (Leber)
Restoration Project in the amount of $787,846, establish the budget and
authorize expenditure of the grant funds subject to the grant terms and
conditions, and sign all necessary documents, subject to terms and
conditions acceptable to the Public Works Director and City Attorney.
SUMMARY: The Mill Creek Side Channel-Leber project was previously funded by
(SRFB) to complete a Feasibility Study and 30% Design ($150,000) in 2009, final
design and permitting, ($200,000) in 2012 and clearing, grubbing and under planting
of the project site ($159,460) in 2014. This grant for of $787,846 will provide
additional funding for final construction which is scheduled to begin in 2016.
Once completed, the restoration project will create off-channel habitat in the Green
River near the confluence of Mill Creek, will increase floodplain refuge habitat for
Chinook and other salmonids, enhance riparian habitat, and restore floodplain
functions. The 8.6 acre site is owned by the City and is also known as Leber
Homestead.
EXHIBITS: Cooperative Watershed Management Grant Agreement
RECOMMENDED BY: Public Works Committee
YEA: Fincher - Higgins - Ralph NAY:
BUDGET IMPACTS: The Cooperative Watershed Management Grant agreement
provides $787,846 for the final phase of construction. The match consists of grant
funding from Salmon Recovery Funding Board and Puget Sound Acquisition and
Restoration Funds totaling $1,313,567 and City matching funds of $76,440 which is
the value of plant material we are providing. The City's matching funds come from the
storm drainage fund.
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AWARD NUMBER 4.9.14.004
AGREEMENT FOR AWARD OF
COOPERATIVE WATERSHED MANAGEMENT GRANT FUNDS
BETWEEN THE CITY OF KENT AND KING COUNTY
This Agreement is made between King County, a municipal corporation, and the City of
Kent (referred to herein as "Recipient"), for the purposes set forth herein. This Agreement shall
be in effect from the date of execution to January 31, 2017.
SECTION 1. RECITALS
1.1 Whereas, the King County Flood Control District("District") is a quasi-municipal
corporation of the State of Washington, authorized to provide funding for cooperative
watershed management arrangements and actions for purposes of water quality, water
resource, and habitat protection and management;
1.2 Whereas King County is the service provider to the District under the terms of an
interlocal agreement("ILA")by and between King County and the District, dated
February 17, 2009, as amended, and as service provider implements the District's annual
work program and budget;
1.3 Whereas, the Board of Supervisors of the District, the District's governing body, passed
Resolution FCD 2013-14 on November 11, 2013, authorizing the King County executive
or his designee to develop and administer a grant award program of up to $4,023,674 in
2014 for water quality and water resources and habitat restoration and management
projects and activities allocated in the amounts of$798,862.00 for the Snoqualmie
Watershed, $ 1,508,846.00 for WRIA 8, $1,508,846.00 for WRIA 9, and $207,120.00 for
WRIA 10 projects in King County, provided that the project list is approved by the
District executive committee;
1.4 Whereas, in accordance with Resolution FCD2012-07.2 and in its capacity as service
provider to the District, King County has established a grant award program to fund
water quality and water resources and habitat restoration and management projects and
activities ("Cooperative Watershed Management Award Program");
1.5 Whereas, the Recipient has submitted an application to its respective WRIA Forum for
the Project and the Forum has recommended the Project for funding under the
Cooperative Watershed Management Grant Program in accordance with King County's
Cooperative Watershed Management Grant Program Policies and Procedures, a copy of
which has been furnished by King County to the Recipient and which are incorporated
herein by this reference ("Grant Policies and Procedures");
1.6 Whereas the District's Executive Committee has received a list of proposed projects that
includes the Project, as described in Exhibit A attached hereto and incorporated herein by
this reference, and the Executive Committee has approved the Project for funding up to
the amount of$787,846.00;
Page 1 of 14
1.7 Whereas King County has received a Scope of Work and a Budget for the Project from
the Recipient and has determined that the Scope of Work, attached hereto and
incorporated herein as Exhibit B ("Scope of Work"), and the Budget, attached hereto and
incorporated herein as Exhibit C (`Budget'), are consistent with the Grant Policies and
Procedures;
1.8 Whereas, King County and the Recipient desire to enter into this Agreement for the
purpose of establishing the terms and conditions under which King County will provide
funding from the District in accordance with the Policies and Procedures, and the
Recipient will implement the Project.
SECTION 2. AGREEMENT
2.1. The Recitals are an integral part of this Agreement and are incorporated herein by this
reference.
2.2. King County agrees to award the Recipient an award in the total amount of$787,846.00
from District funds (the Award). The Award shall be used by the Recipient solely for the
performance of the Project, as described in Exhibit A of this Agreement. King County
shall pay the Recipient in accordance with the Grant Policies and Procedures.
2.3. The Recipient represents and warrants that it will only use the Award for the Scope of
Work of this Agreement and in accordance with the Project Budget. The Recipient shall
be required to refund to King County that portion of the Award which is used for work or
tasks not included in the Scope of Work. Further, the Recipient agrees to return to King
County any portion of the Award that is not expended or remains after completion of the
Scope of Work.
2.4. Activities carried out for this Project and expenses incurred by the Recipient may predate
the execution date of this Agreement provided that 1)they have been identified by
Recipient as being within the scopes of numbers 2) and 3)below, and have been
approved by the County as being within such scopes; 2) The activities are specified in the
Scope of Work of this Agreement; 3)the expenses are incurred in carrying out the Scope
of Work and are authorized by this award as identified in the Budget of this Agreement;
4) such activities and expenses otherwise comply with all other terms of this Agreement;
and 5)reimbursements shall be paid to the Recipient only after this Agreement has been
fully executed.
2.5. The Recipient shall invoice King County for incurred expenses using the Request for
Payment form and Progress Report, attached hereto and incorporated herein as Exhibit
D for those documented and allowable expenses identified in the Budget and according
to the rules set forth in the Grant Policies and Procedures. A progress report (with or
without a request for payment) shall be made no less frequently than every six months
after the effective date of this Agreement nor more frequently than every three months
after the aforementioned date. Advances are allowable only for anticipated expenses to be
Page 2 of 14
incurred in the next three months from the date of submission of the Request for Payment
for work that is included in the Scope of Work of this Agreement, and identified as such
in the Request. Documentation of payments made from advances shall be submitted to
King County prior to any further requests for payment. No advances shall exceed 80% of
the total Award. The final request for payment shall be submitted with the final report
described in Section 2.6 of this Agreement and shall be no less than 20% of the Award.
2.6. The Recipient shall be required to submit to King County a final report which documents
the Recipient's completion of the work in conformance with the terms of this Agreement
within thirty(30) days after the completion of the work and submit a Close-out Report
(Exhibit E of this Agreement). The final report shall, among other things, summarize the
project's successes and shall address the watershed benefits accomplished by the work in
a format provided by King County for this purpose as set forth in the Grant Policies and
Procedures.
2.7. The Recipient's expenditures of Award funds shall be separately identified in the
Recipient's accounting records. If requested,the Recipient shall comply with other
reasonable requests made by King County with respect to the manner in which Project
expenditures are tracked and accounted for in the Recipient's accounting books and
records. The Recipient shall maintain such records of expenditures as may be necessary
to conform to generally accepted accounting principles further described in Section 2.8
below and to meet the requirements of all applicable state and federal laws.
2.8. The Recipient shall be required to track project expenses using the Budget Accounting
and Reporting System for the State of Washington ("BARS") or Generally Accepted
Accounting Principles set forth by the Financial Accounting Standards Board or by the
Governmental Accounting Standards Board.
2.9. King County or its representative, and the District or its representative shall have the
right from time to time, at reasonable intervals, to audit the Recipient's books and records
in order to verify compliance with the terms of this Agreement. The Recipient shall
cooperate with King County and the District in any such audit.
2.10. The Recipient shall retain all accounting records and project files relating to this
Agreement in accordance with criteria established by the Washington State Archivist
Local Government Common Records Retention Schedule (CORE) as revised.
2.11. The Recipient shall ensure that all work performed by its employees, agents, contractors
or subcontractors is performed in a manner which protects and safeguards the
environment and natural resources and which is in compliance with local, state and
federal laws and regulations. The Recipient shall implement an appropriate monitoring
system or program to ensure compliance with this provision.
2.12. The Recipient agrees to indemnify, defend and hold harmless King County, and the
District,their elected or appointed officials, employees and agents,from all claims,
alleged liability, damages, losses to or death of person or damage to property arising out
of any acts or omissions of the Recipient, its employees, agents, contractors or
subcontractors in performing its obligations under the terms of this Agreement.
Page 3 of 14
2.13. The Recipient agrees to acknowledge the District as a source of funding for this project
on all literature, signage or press releases related to said project.
SECTION 3. GENERAL PROVISIONS
3.1. This Agreement shall be binding upon and inure to the benefit of the parties hereto and
their respective successors and assigns.
3.2. This Agreement constitutes the entire agreement between the parties with respect to the
subject matter hereof. No prior or contemporaneous representation, inducement, promise
or agreement between or among the parties which relate to the subject matter hereof
which are not embodied in this Agreement shall be of any force or effect.
3.3. No amendment to this Agreement shall be binding on any of the parties to this
Agreement unless such amendment is in writing and is executed by the parties. The
parties contemplate that this Agreement may from time to time be modified by written
amendment which shall be executed by duly authorized representatives of the parties and
attached to this Agreement.
3.4. Each party warrants and represents that such party has full and complete authority to
enter into this Agreement and each person executing this Agreement on behalf of a party
warrants and represents that he/she has been fully authorized to execute this Agreement
on behalf of such party and that such party is bound by the signature of such
representative.
3.5. The Proj ect shall be completed by no later than January 31, 2017. In the event that the
Project is not completed by this date, King County has the discretion, but not the
obligation,to terminate this Agreement and request and receive any unexpended Award
funds that may be held by the Recipient.
3.6. This Agreement may be signed in multiple counterparts.
3.7. If any provision of this Agreement or of any other agreement, document or writing
pursuant to or in connection with this Agreement, shall be wholly or partially invalid or
unenforceable under applicable law, said provision will be ineffective to that extent only,
without in any way affecting the remaining parts or provision of said agreement, provided
that the remaining provisions continue to effect the purposes of this Agreement.
3.8. The amount of the Award has been fully funded by the District. To the extent that
funding of the Award requires future appropriations by the King County Council, King
County's obligations are contingent upon the appropriation of sufficient funds by the
King County Council to complete the Scope of Work. If no such appropriation is made,
this Agreement will terminate at the close of the appropriation year for which the last
appropriation that provides funds under this Agreement was made.
Page 4 of 14
This document has been approved as to form by the King County Prosecuting Attorney's Office
as of July 15, 2012.
KING COUNTY: RECIPIENT:
By By
Name Name
Title Title
Date Date
Page 5 of 14
EXHIBIT A: PROJECT DESCRIPTION
PROJECT RECIPIENT DESCRIPTION MATCH REQUEST
Mill Creek Side City of Kent The project will construct a floodplain $1,390,007.00 $787,846.00
Channel-Leber wetland off of Mill Creek providing 1.8 acres
of floodplain habitat below the ordinary high
water mark and 5.4 acres below the 100-year
flood height providing flood refuge habitat
forjuvenile salmonids.
EXHIBIT B:SCOPE OF WORK
PROJECT LOCATION: Lower Green-Duwamish Watershed near the confluence of Mill Creek and the Green River
at approximately RM 23.7 on land referred to as the "Leber Homestead" property.
TASKS OUTLINED DESCRIPTION OF ACTIVITIES AND PRODUCTS ESTIMATED% DATES
OFAWARD When will task
be completed
Task 1: Recipient will hire contractor to carry out contracted parts of
Construction, the project. Contractor will carry out the following:
earthworks and 100% July 2016
plantings • Mobilization for construction including signage,traffic
control.
• Excavation, haul and disposal of 90,000 CY of material
for the side channel, grading of the channel slopes and
upland areas,erosion control and streambank
stabilization.
• Placement of 43 large wood structures within the
newly excavated side channel.
• Planting 30,723 willow, red twig dogwood and black
cottonwood live stakes, 12,728 upland and riparian
trees and shrubs.
• Removal of 2,930 CY earthwork plug to connect side
channel to Mill Creek. Install wooden split rail fencing
and gate.
Recipient shall deliver:
• A copy of the fully executed contract(Contract)
between the Recipient and the selected contractor
prior to any work carried out by the contractor.
• A copy of the final Project Design (Design)approved by
the Recipient within one month of the last date of
signature of this Agreement.
• Documentation that the terms and conditions of the
Contract have been carried out to the satisfaction of
the Recipient(to include, but not to be limited to,
copies of continuations sheets, release of funds to
Page 6 of 14
contractor and other approving documents generated
by the Recipient,final acceptance of Contractor
deliverables).
All documents can be made available in downloadable
electronic media or in paper form or both.
Task 2: Mainte- A monitoring, maintenance and adaptive management plan will
nance and evaluate the success of the project and lay-out management
Monitoring of responses once project construction has been completed. 0% December
project begins Outputs of the completed project will include: 1)Over five 2016
acres of new floodplain wetland habitat accessible to salmon
during key outmigration periods; 2)Seven acres of densely
planted, native riparian and upland habitat for fish and wildlife
that maintains and improves Green River and Mill Creek
shading; and 3)50 acre-feet (over 16,000,000 gallons)of new
flood-storage that will help reduce peak flood-heights and
flooding in the Kent Valley.
Permits/ State all required project permits and authorizations(including
permission right of access)as follows: Name of permit, issuer, recipient,
(if applicable) purpose and inclusive dates. If no permits or authorizations are
required,state why not.
-Hydraulics Project Approval Permit#128467-1 received Completed
11/29/12,expires 11/28/17
-Nationwide Permit#NWS-2012-537 received 9/14/12,expires
3/18/18
-SEPA#2121653; ENV#2012-13 received 8/27/12
-Shoreline Exemption#SME-2013-12 received 9-10-13
Credits As part of your project deliverables, provide a description of
how, where and when this grant fund will be acknowledged.
Throughout
Grant funding will be acknowledged on all signage, press Project
materials, project brochures, project information on the City of
Kent website,etc.
Final report Submit a final report and the financial closeout documentation.
Cannot be later than 30 days after the end date of the project. 31 Jan 2017
EXHIBITCI: BUDGETSUMMARY
BUDGET ITEM TOTAL THIS AWARD SHARE SOURCE/AMOUNT
PSAR/SRFB/City of Kent
STAFFING $291,657.80 291,657.80
PROJECT SUPPLIES $716,852.00 $448,614.00 $268,238.00
COMMERCIAL SERVICES AND
CREW TIME $997,000.00 $339,232.00 $657,768.00
OTHER $172,343.20 $172,343.20
TOTAL $ 2,177,853.00 $787,846.00 $1,390,007.00
Page 7 of 14
EXHIBIT C2: BUDGET BREAKDOWN
UNIfIDESCRIPtION
B'UDGET ITEM CbST"84SIS AMOUNT'
ITEM SALARY BENEFITS UNITS
Project management 282,071 1.00 15%of construct.cost 282,071
Traffic control labor 40.00 160.00 hours 6,400.00
Traffic control supervisor 42.00 40.00 hours 1,680.00
UNIT COST UNITS
Wall engineered logjam 5,000.00 30.00 each 150,000.00
Fence engineered logjam 6,000.00 9.00 each 54,000.00
Creek mouth engineered log jam 4,000.00 1.00 each 4,000.00
Streambed grade control log cluster 3,000.00 3.00 each 9,000.00
Riparian planting supplies 262,758.00 1.00 lump sum 262,758.00
Temporary traffic control devices 1,000.00 1.00 lump sum 1,
Subtotal 716,852.00
COMMERCIAL SERVICESAhlb CREW TIME
excavation, haul and
temporary erosion
clearing and grubbing
Subtotal 997,000.00
Subtotal 172,343.20
Page 8of1W
EXHIBIT D: REQUEST FOR PAYMENT AND PROGRESS REPORT
KING COUNTY
FLOOD CONTROL Water and Land Resources Division
Riveri Management Section
L'a
D I S T R I C T and Floodplan anagemen King County
King County Cooperative Watershed Management Grant Payment Request
Date
Contact Name
Phone
Remit To:
Recipient Name City of Kent
Address 1
Address 2
City,State, Zip Code
Request# Dates (beginning&end date for this claim)
Instructions: Complete this spreadsheet and attach your financial/accounting system reports to document all expenses
PROJECT NAME Mill Creek Side Channel - Leber PROJECT CODE 4.9.14.004
Budget Line Item
(From Exhibit B Amount of all Balance
Budget) Budgeted Current Request Previous Requests Remaining
5 -
5 -
5 -
5 -
5 -
5 -
5 -
5 -
TOTALS: $ - $ - $ - $ -
Amount from Current Request above requested as an advance
EXPLANATION:
Page 9 of 14
KING COUNTY
a
FLOOD C;ONIROL Water and Land Resources Division "
D I S T R I C T River and Floodplain Management Section King County
COOPERATIVE WATERSHED MANAGEMENT GRANT PROGRESS REPORT
Date 01/00/00
Contact Name 0
Phone 0
PROJECT Mill Creek Side Channel—Leber
PROJECT NUMBER 4.9.14.004
Remit To:
Recipient Name City of Kent
Address 1 0
Address 2 0
City,State, Zip Code 0
Request# 0
Dates (beginning&end date for this
claim) 0
DELIVERABLES: Progress/Status/percentage completed (note
SCOPE OF WORK ITEM approximate or actual dates)
1)
2)
Page 10 of 14
3)
4)
5)
Add more pages if necessary
Please mail or e-mail all documents to:
Ken Pritchard
Water and Land Resources Division
Department of Natural Resources and Parks
KSC-NR-0600
201 South Jackson
Street,Suite 600
Seattle, WA 98104-3855
Phone: 206-477-4804 Fax: 206-296-0192 Email: ken.pritchard@kingcounty.gov
Page 11 of 14
EXHIBIT E
CLOSE-OUT REPORT
Recipient City of Kent
Project title Mill Creek Side Channel — Leber
Project start and end dates
Total award $
Total spent $
Amount due at close-out $
Total unspent $
Submit the following:
Checklist
Previously Attached
PROGRAMMATIC CLOSE-OUT Submitted
1. Letter(s) of commitment from key partners. ❑ ❑
2. Final report documenting the successful completion of the project
according to the exhibit A:Scope of Work and timeline in your ❑ ❑
agreement.
3. Documentation of measurement methods and timelines and any ❑ ❑
results to date.
FOLLOWING ITEMS TO BE INCLUDED AS APPLICABLE
KCFCD
acknowledge-
ment
4. Selection of outreach materials, such as: handouts,
brochures, posters, newspaper clippings, press releases, ❑ ❑ ❑
and web page screen hard copies.
5. Copies of selected printed materials, created for the
project or about it, and/or other items that illustrate ❑ ❑ ❑
the successful completion of the project.
6. Selected copies of pictures,film,video, PowerPoint
presentation in CD, DVD, email and/or documentation ❑ ❑ ❑
presenting your project, if applicable.
FINANCIAL CLOSE-OUT
7. Attach receipts and/or auditable accounting detail (may include: ❑ ❑
ledger-based copies,cancel checks, and payroll records).
8. Documentation of cash and in-kind match. ❑ ❑
CONTINUED
Page 12 of 14
King County Cooperative Watershed Management Fiscal Close-Out
Date
Recipient Name City of Kent
Mill Creek Side Channel—
PROJECT NAME Leber PROJECT CODE 4.9.14.004
AWARD
Budget Line Item Amount of all
(From Exhibit B Budget) Budgeted Previous Requests Balance Forfeited
TOTALS: $ $ $
MATCH
Item Budgeted Actual Balance Source
NOTES
CONTINUED
Page 13 of 14
PROVISIONS
By signing this Financial CLOSEOUT, I an authorized representative of the
above named award recipient (RECIPIENT), confirm that I have examined the information contained herein and
that, to the best of my knowledge, it is a true and accurate account of all the financial expenses and in-kind
contributions incurred by the above named project in the course of fulfilling the conditions of the AGREEMENT
between RECIPIENT and King County(COUNTY).
I hereby acknowledge that there are no further expenses associated with this project, nor any pending or future
claims to the COUNTY and that the COUNTY is not liable for any expenses not documented in Attachment B
(Budget)of the AGREEMENT. I understand that the RECIPIENT is fully bound by the provisions of the AGREEMENT
including, but not limited to,the return of COUNTY funds that are unspent or whose spending is unsubstantiated
according to the terms of the AGREEMENT and the right to examine records. I further understand that the
COUNTY, upon examining the financial close-out and the final report submitted by the RECIPIENT will determine
the amount of the balance due to the RECIPIENT.
SIGNED DATE
❑Approved for Close-Out ❑ Not approved for close-out
EXAMINER SIGNATURE: DATE:
Notes:
END OF EXHIBIT E
Page 14 of 14
KENT
...... Agenda Item: Consent Calendar - 7D
TO: City Council
DATE: March 3, 2015
SUBJECT: 64th Avenue South Channel Improvements Union Pacific Railroad Project
- Accept as Complete
MOTION: Authorize the Mayor to accept the 64th Avenue South Channel
Improvements Union Pacific Railroad Project as complete and release
retainage to R.L. Alia Company upon receipt of standard releases from the
state and the release of any liens.
SUMMARY: This project was part of the City's overall efforts to alleviate local flooding
in the manufacturing/industrial area of Kent. This project is located along 64th Avenue
South at the railroad spur north of South 228th Street. The existing culverts under this
spur were substandard and needed to be replaced.
The project consisted of the removal of the three 60 inch diameter, 129 foot long
culvert pipes, and the installation of two precast three-sided 14' wide X 5' high x 130'
long concrete box culverts with lids and headwalls and wingwalls.
The initial contract amount was $1,176,550.13 the final contract payout is
$1,182,637.33.
EXHIBITS: None
RECOMMENDED BY: Public Works Director
YEA: N/A NAY: N/A
BUDGET IMPACTS: This contract was funded out of the City's Storm Drainage fund.
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KENT
...... Agenda Item: Consent Calendar — 7E
TO: City Council
DATE: March 3, 2015
SUBJECT: Independent Salary Commission Ordinance - Adopt
MOTION: Adopt Ordinance No. amending Title 2 of the Kent City
Code by adding a new chapter 2.58, entitled "Independent Salary
Commission," and establishing the commission to review, establish,
increase, or decrease mayor and councilmember's salaries.
SUMMARY: Under state law, the city council currently sets the salaries of the
councilmembers and the mayor.
Revised Code of Washington (RCW) section 35.21.015 authorizes a city to establish a
salary commission to review and adjust elected official salaries and provides that
commission action supersedes any other state statute, provision, or city ordinance
related to either municipal budgets or to the fixing of salaries. This ordinance creates
that commission.
If the commission elects to include a conservative, fixed inflation factor to address
future inflationary trends as part of its salary decision, the council will authorize the
commission to be disbanded and this ordinance—but not the salaries established by
the commission—can be repealed. If the commission elects not to include a
conservative, fixed inflation factor to address future inflationary trends, then the
commission will continue to operate, holding at least annual commission meetings.
Exhibits: Ordinance
Recommended By: Operations Committee
YEA: NAY:
Budget Impact: None
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ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Title 2 of the
Kent City Code by adding a new chapter 2.58,
entitled "Independent Salary Commission," and
establishing the commission to review, establish,
increase, or decrease mayor and councilmember's
salaries.
RECITALS
A. Under state law, the city council currently sets the salaries of
the councilmembers and the mayor.
B. Revised Code of Washington (RCW) section 35.21.015
authorizes a city to establish a salary commission to review and adjust
elected official salaries and provides that commission action supersedes
any other state statute, provision, or city ordinance related to either
municipal budgets or to the fixing of salaries.
C. It is appropriate to create a separate, independent
commission, rather than the city council itself, to establish the salaries of
these elected officials.
D. If the commission elects to include a conservative, fixed
salary inflation factor to address future inflationary trends as part of its
Salary Commission-Created
KCC 2.58
1
salary decision, the council will authorize the commission to be disbanded
and this ordinance—but not the salaries established by the commission—
can be repealed. If the commission elects not to include a conservative,
fixed salary inflation factor to address future inflationary trends, then the
commission will continue to operate, holding at least annual commission
meetings.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - New Chapter. Chapter 2.58, entitled "Independent
Salary Commission," shall be added to the Kent City Code.
Sec. 2.58.010. Establishment and purpose. There is hereby
established an independent salary commission. The purpose of the
commission is to review and establish the mayor and councilmembers'
salaries.
Sec. 2.58.020. Responsibilities. The commission shall have the
following responsibilities:
A. The commission shall be solely responsible for its own
organization, operation, and action and shall enjoy the fullest cooperation
of all city officials, officers, departments, and employees.
B. The members of the commission shall elect a chairperson
from among its members.
C. The commission shall study the relationship of salaries and
benefits to the duties of the mayor and city councilmembers and shall
Salary Commission-Created
KCC 2.58
2
establish the salaries and benefits for those positions by either increasing
or decreasing the existing salary and benefits for each position by an
affirmative vote of not less than a majority of the commission.
D. The commission will use its best efforts to file its schedule of
salaries with the city clerk no later than July 1, 2015. After that date, if
the commission establishes an annual salary inflation factor to be applied
to the adjusted salaries, the city council will take steps to allow the
commission to disband and to repeal the establishment of this commission
under this ordinance, but to keep the salary schedule established by the
commission in place.
E. If the commission does not establish an annual salary inflation
factor as part of its salary and benefits adjustments, the commission will
meet at least annually to review and, if it so determines, amend and file its
salary schedules not later than the first Tuesday in October of each year to
coincide with the city's budget cycle.
F. The commission will submit its salary schedule to the city
clerk, who will publish the complete schedule two times, each publication
at least one week apart. The second publication date will be the official
filing date. The schedule will become effective thirty days after the official
filing date. The salary schedule will be subject to referendum petition in
the same manner as a city ordinance, if a valid referendum petition is filed
within thirty days of the salary schedule's official filing date.
G. The signature of the chairperson of the commission shall be
affixed on each schedule submitted to the city clerk.
Salary Commission-Created
KCC 2.58
3
H. All meetings, actions, hearings and business of the
commission shall be subject to the Open Public Meetings Act set forth in
Ch. 42.30 RCW.
I. The commission's established or amended salary schedule will
become effective in the amounts, at the times, and under the conditions
established in the schedule. Once filed, the city will incorporate the
schedule into the city budget without further action by the city council or
the commission.
J. Salary increases established by the commission shall be
effective as to all city elected officials, regardless of their terms of office.
Salary decreases established by the commission shall not become effective
as to incumbent city elected officials until commencement of the
incumbent's next subsequent term of office.
K. Existing salaries and benefits for the mayor and
councilmembers established by city ordinance and/or city budget will
remain in effect unless and until changed in accordance with the provisions
of this chapter.
L. The terms and conditions of the commission's adopted salary
schedule will remain in effect until amended under the terms and
conditions of a new salary schedule filed in accordance with this chapter or
applicable law.
Sec. 2.58.030. Salary schedule - Referendum petition.
A. The commission's adopted salary schedule will be subject to
referendum in the same manner as a city ordinance. As required by law, a
Salary Commission-Created
KCC 2.58
4
referendum petition on the commission's ordinance must be filed with the
city clerk within thirty days from the salary schedule's official filing date. If
a valid referendum petition is filed, the salary increase or decrease will not
go into effect unless approved at the referendum election.
B. The city will submit referendum measures under this section
to the voters at the next following general or municipal election occurring
thirty or more days after the petition is filed. Referendum measures will
be otherwise governed by the provisions of the state Constitution or other
laws generally applicable to referendum measures.
Sec. 2.58.040. Composition of the commission. The salary
commission shall consist of five members. Ideally, the commissioners will
be residents of the city. Representation on the commission should be as
follows:
(1) one commissioner from the faith community;
(2) one commissioner from the business community;
(3) one commissioner with human resources expertise; and
(4) two at-large commissioners.
The mayor will appoint the commissioners and the city council will confirm
the appointment in accordance with the provisions of this chapter. The
commission members shall serve as city volunteers without compensation,
except for reasonable reimbursement for their expenses in accordance with
state law and city ordinance.
Sec. 2.58.050. Terms of appointment.
Salary Commission-Created
KCC 2.58
5
A. The city council prefers that the commission adjust salaries
and benefits as it deems appropriate and include a fixed annual salary
inflation factor. If the commission establishes a fixed annual salary
inflation factor to be applied to the adjusted salaries, at the expiration of
any referendum period, the city council will take steps to allow the
commission to disband and to repeal the establishment of the commission
under this ordinance, but to keep the salary schedule established by the
commission in place.
B. If the commission does not establish a fixed annual salary
inflation factor as part of its salary and benefits adjustments, the
commission will meet at least annually to review and, if it so determines,
amend and file its salary schedules not later than the first Tuesday in
October of each year to coincide with the city's budget cycle. Members
shall serve 3-year terms, except for the first members appointed to the
commission, who shall serve staggered terms as follows:
1. One member will serve a one year term;
2. Two members will serve a two year term; and
3. Two members will serve a three year term.
However, no member may be appointed to more than two terms of office
on the commission, whether or not those terms are held consecutively.
The commissioners will annually elect the commission's chairperson.
C. No city officer, official, employee, or immediate family
member of any city officer, official or employee may serve on the
commission. As used in this section, "immediate family member' means
parents, spouse, siblings, children or dependent relative of the officer,
Salary Commission-Created
KCC 2.58
6
official or employee, whether or not living in the household of the officer,
official or employee.
D. No commissioner will be removed during his or her term of
office unless for cause of incapacity, incompetence, neglect of duty or
malfeasance in office, or for a disqualifying change of residence.
Sec. 2.58.060. Staffing. The mayor shall appoint staff as he or
she deems appropriate to assist the commission in its daily operation. All
city officers, officials, and employees will assist the commission in all
proper ways to carry out the provisions of this chapter. Specifically, the
city's human resources department will provide the commission with a
survey comparing mayor and councilmember salaries and benefits from
comparable cities and will provide the commission with historical
annualized inflation trends to establish comparable salaries for Kent's
mayor and councilmembers plus a reasonable fixed inflation adjustment
factor for future years. The commission will have access to all city books,
papers, documents and accounts applying or in any way concerning the
salaries and benefits of elected officials and the salary commission. The
commission shall operate in accordance with its duly adopted rules and
regulations.
Sec. 2.58.070. Meetings. The commission shall meet at least two
times prior to July 1, 2015. Thereafter, if not disbanded as provided for in
this ordinance, the commission shall meet at least once a year to consider
whether or not to review and/or adjust existing salaries and benefits. This
annual meeting will occur no later than September 15 in any given year.
If necessary, the commission will also meet upon any other call by the
chair, the mayor, or by majority vote of the city council.
Salary Commission-Created
KCC 2.58
7
Sec. 2.58.080. Attendance and vacancies. At any meeting of
the commission, the commission may recommend to the Mayor removal of
any member who misses two consecutive meetings without being excused
by the commission upon an affirmative vote of a majority of the
commissioners in attendance. Upon a vacancy in any commission position,
the mayor will appoint, subject to council confirmation, a successor to fill
the unexpired term.
SECTION 2. — Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its full force and
effect.
SECTION 3. — Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; references to other local, state or federal laws,
codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
SECTION 4. — Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage and publication, as
provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
Salary Commission-Created
KCC 2.58
8
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of 2015.
APPROVED: day of 2015.
PUBLISHED: day of 2015.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD f. MOORE, CITY CLERK
P:\Civil\Ordinance\Salary Commis ion.docx
Salary Commission-Created
KCC 2.58
9
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KENT
...... Agenda Item: Consent Calendar - 7F
TO: City Council
DATE: March 3, 2015
SUBJECT: Trebron Company Inc. (Sophos Maintenance/Support) - Authorize
MOTION: Authorize the Mayor to sign the agreement for Trebron Company,
Inc. in the amount of $82,546 for the purchase of Sophos Security and Data
Protection software support, subject to terms and conditions acceptable to
the City Attorney and Information Technology Director.
SUMMARY: Sophos Security and Data Protection software support - 3 year contract
renewal with annual payments of $27,515 due on January 1't for the next 3 years.
This software protects our network from viruses and other cyber-threats at the edge
of the City of Kent network.
EXHIBITS: 1) Purchase Agreement - Trebron Company, Inc.
2) Purchase Order #120624
RECOMMENDED BY: Operations Committee
YEA: Ralph - Boyce - Thomas NAY:
BUDGET IMPACTS: IT Operational Budget funds approved in the 2015-2016 Biennial
budgets are earmarked for this expenditure.
This page intentionally left blank.
6
Tree ron SOPHOS
----- -----— --- w Arebron.conn Platinum Partner
COMPANY INC.
Date: January 13,2015
Buyer: City of Kent, WA Trebron Account Executive: Eric Peters
Trebron Company, Inc. 5506 35th Ave. N.E.
Seattle,WA 98105
Mailing 220 4th Ave S Telephone: 206-527-3477 Corporate
Address: Kent, WA98032 Email: eoetersnatrebron.com
Purchase Agreement
3 Years
The Parties hereto, "Buyer,"City of Kent, WA and"Seller,"Trebron Company, Inc. hereby agree as follows:
1. Description: Buyer agrees to purchase from Seller,"Product" as listed in the table below for$75,384.00 (Seventy
Five Thousand Three Hundred Eighty Four United States Dollars and 00/100), plus applicable shipping costs and
sales tax, unless Buyer is exempt from the payment of such tax and provides Seller with evidence of such exemption.
Qty Included Components Term Total Price
Users Months $USD
1,000 Sophos EndUser Protection 36" $67,300.00
1,000 Sophos Email Protection-Advanced 36* Included
1,000 Sophos Web Protection-Advanced 36` Included
- Trebron Professional Services- 10 hours - No Cost
200 Sophos Server Protection for Windows, Linux and vShield 36 $8,084.00
2. Payment: To be made to Seller in three annual installments of$25,128.00 each. The first payment is due on or
before January 31, 2015. The second payment is due on or before January 31, 2016. The third and final payment
is due on or before January 31, 2017. Payment Terms are net thirty(30)days from date of invoice. All payments
shall be by check made payable to Trebron Company, Inc. at the address listed above.
3. Term: Buyer's license for the product expires approximately 12-31-2017 (3 years).
4. Representations: Buyer understands that Seller is a reseller of hardware and software products. Buyer
acknowledges that it has not relied on any representations by Seller and has independently investigated the
products and determined the suitability of the products for Buyer's intended purposes.
5. Warranty: Seller shall pass through to Buyer any original manufacturers'warranties for Product acquired by Seller
for Buyer, including Licensor's warranties for Product. Except for the foregoing, Seller shall deliver the Product"as
is"and Seller makes no other warranty, express or implied, including any warranty of merchantability or fitness for a
particular purpose.
6. Limitation of Liability: Under no circumstances will Seller be liable for any incidental, indirect, special or
consequential damages from Buyer or any third party, including damages for lost revenue, profits, data or use, even
if Seller has been advised of the possibility of such damages.
7. Late Fees: Late payments shall accrue interest beginning from the payment due date at a rate of eighteen percent
(18%) per annum or the maximum allowable legal rate whichever is lower. In the event that any payment or amount
owed is more than ninety(90)days past due, Seller may declare the entire amount due and owing in addition to
accrued fees and costs. Buyer's failure to pay under this agreement may result in termination of Buyer's software
license.
8. Cancellation: Once Seller has accepted Buyer's order, Buyer cannot cancel the agreement, in whole or in part,
without Seller's express written consent. Such cancellation is conditioned upon Buyer's reimbursement to Seller for
all costs incurred by Seller in connection with the order up to the time of cancellation—including, but not limited to
Seller's cost for cancellation.
9. Special Offer: By taking advantage of the 3 year"Purchase Agreement' Buyer will save a tremendous amount
over purchasing 1 year at a time. Should Buyer select to upgrade to a Sophos UTM product during the course of
the contract then assuming 15t payment has been made in full the balance of the remaining unused license may be
applied to a purchase with Seller for Sophos UTM product with a prorated amount of the balance applied to the
future purchase for Sophos UTM Licensing.
Seattle,WA(Corporate) 5506 351"Ave NE,Seattle,WA 98105 1 Office(206)527-3477 1 Fax(206)527-4288
Springfield,MO Office(417)473-9199 I Fax(206)52711288
Page 1 of 2
7
10. Attorney's Fees: In the event any cost or expense, including reasonable attorney's fees ("Costs")are incurred in
the enforcement of this Agreement, the prevailing party shall be entitled to reimbursement for all such Costs in
addition to damages.
11. Governing Law:This Agreement shall be construed and interpreted in accordance with the laws of the State of
Washington. Venue for any and all actions shall be in the state or federal courts of King County, Washington.
12. Software: Buyer will negotiate all software license provisions of Product directly with the Licensor.
13. Miscellaneous:This Agreement must be executed on or before 2-17-15 or it becomes void.
14. Waiver: The waiver of any breach of any provision of this Agreement shall not operate or be construed as a
waiver of any subsequent breach and shall be effective only if presented in writing.
15. Severability: If any provision of this Agreement is deemed invalid or unenforceable, all other provisions of this
Agreement shall remain in full force and effect.
16. Entire Agreement: This Agreement constitutes the entire Agreement of the parties and may not be amended or
superseded except in writing with execution by both parties.
City of Kent, WA
IT Director Signature Business Office Signature- Required
Printed Name Printed Name
Title Title
Date Date
Must be signed by an authorized representative of Buyer
Billing Information
Trebron Company, Inc. Do you accept invoices via Email? Y ❑ N ❑
Signature Accounts Payable Contact
Norbert van Dam
Printed Name Email Address
President
Title Phone
Date 1-26-15
Page 2 of 2
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KEN. Agenda Item: Consent Calendar — 7G
TO: City Council
DATE: March 3, 2015
SUBJECT: 2014 Consolidated Annual Performance Evaluation Report — Approve
MOTION: Authorize the Mayor to approve the 2014 Consolidated Annual
Performance and Evaluation Report and to submit the report to Housing and
Urban Development.
SUMMARY: The 2014 Consolidated Annual Performance and Evaluation Report
(CAPER) for the City of Kent, Washington is a report to the U.S. Department of
Housing and Urban Development (HUD) on the City's activities and
accomplishments using Community Development Block Grant (CDBG) and other
funds. The report is required by HUD annually and must be submitted by March
31st of each year. The report includes information on how CDBG funds were used
to further the goals and strategies of the Consolidated Plan, as well as other
activities executed by the City.
EXHIBITS: The 2014 CAPER
RECOMMENDED BY: Parks and Human Services Committee
YEA: Ranniger — Higgins — Fincher NAY:
IMPACT TO BUDGET: N/A
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CR-10 - Racial and Ethnic composition of families assisted
Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG
White 236
Black or African American 244
Asian 267
American Indian or American Native 25
Native Hawaiian or Other Pacific Islander 31
Total 803
Hispanic 38
Not Hispanic 765
Table 2—Table of assistance to racial and ethnic populations by source of funds
Narrative
Demographic breakdown is listed below:
• 29%of the population served was White
• 30%of the population served was Black or African American
• 33%of the population served was Asian
• 3%of the population served was American Indian or American Native
• 4%of the population served was Native Hawaiian or Other Pacific Islander
• 5%of the population served was ethnic Hispanic
CAPER 5
OMB Control No:2506-0117(exp.07/31/2015)
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made Amount Expended
Available During Program Year
CDBG 2,744,193 519,361
Table 3—Resources Made Available
Narrative
The City invested CDBG resources in accordance with the strategies outlined in the Consolidated Plan for
Housing and Community Development.
Identify the geographic distribution and location of investments
Target Area Planned Percentage Actual Percentage of Narrative Description
of Allocation Allocation
Low and moderate income
City of Kent 100 100 households
Table 4—Identify the geographic distribution and location of investments
Narrative
The City distributed CDBG funds to programs serving Kent residents and to entrepreneurs with
businesses located in Kent.
CAPER 6
OMB Control No:2506-0117(exp.07/31/2015)
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds),
including a description of how matching requirements were satisfied, as well as how any
publicly owned land or property located within the jurisdiction that were used to address the
needs identified in the plan.
In addition to allocating$914,731 in CDBG funds,the City leveraged $848,320 in resources from General
Funds.The Kent Cultural Diversity Initiative Group (KC-DIG) also used a small portion of a $5,000 grant
from The Seattle Foundation Neighbor to Neighbor Small Grants Fund to support a Refugee Small
Business Development Workshop that was held in Kent. Funds were used to leverage in-kind assistance
from non-profits that partnered with KC-DIG to convene the workshop.
The City does not allocate HOME funds.
CAPER 7
OMB Control No:2506-0117(exp.07/31/2015)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the
number and types of families served, the number of extremely low-income, low-income,
moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 15 52
Number of Non-Homeless households to be
provided affordable housing units 75 116
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 90 168
Table 5-Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 54 173
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 75 116
Number of households supported through
Acquisition of Existing Units 0 0
Total 129 289
Table 6-Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting
these goals.
Outcomes exceeded goals; the City was extremely pleased with the performance of its sub-recipients
(organizations that the City contracted with to provide services),as funding was stretched to prevent
eviction and keep families in their homes.
Discuss how these outcomes will impact future annual action plans.
The City estimates that it will receive level funding in 2015; therefore, it will negotiate similar outcomes
with organizations delivering services after factoring in cost of living adjustments. The City will also fund
new projects in 2015 in response to demographic changes, an increase in energy costs and housing
needs.
CAPER 8
OMB Control No:2506-0117(exp.07/31/2015)
Include the number of extremely low-income, low-income, and moderate-income persons
served by each activity where information on income by family size is required to determine
the eligibility of the activity.
Number of Persons Served CDBG Actual HOME Actual
Extremely Low-income 225 0
Low-income 103 0
Moderate-income 27 0
Total 355 0
Table 7—Number of Persons Served
Narrative Information
The City met the national objective of activities benefitting low/moderate-income persons; these totals
are only for projects counted in the preceding categories. The projects are: Home Repair Program,
Catholic Community Services-Katherin's House, ReWA-Case Management& Emergency Assistance,
Multi-service Center-Housing Stability Program, and the YWCA-Anita Vista Transitional Housing.
CAPER 9
OMB Control No:2506-0117(exp.07/31/2015)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c)
Evaluate the jurisdiction's progress in meeting its specific objectives for reducing and ending
homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their
individual needs
The Health Point Healthcare for the Homeless Project included an outreach component to ensure that
the homeless were aware of healthcare services. The City also invested in outreach to the homeless
through a General Fund-supported project.
In addition,a number of homeless individuals received telephone assistance and visited the City's
Housing and Human Services Office to request food, housing and other services. City staff assessed their
needs and provided referrals to nonprofits in the area.
Addressing the emergency shelter and transitional housing needs of homeless persons
Two programs funded by the City addressed emergency shelter and transitional housing needs of
homeless persons:YWCA: Anita Vista Transitional Housing Program and Catholic Community Services-
Katherine's House (CCS). Anita Vista provided transitional housing for domestic violence survivors and
their families,and CCS provided shelter and case management services to single women in recovery.
Helping homeless persons (especially chronically homeless individuals and families, families
with children, veterans and their families, and unaccompanied youth) make the transition to
permanent housing and independent living, including shortening the period of time that
individuals and families experience homelessness, facilitating access for homeless individuals
and families to affordable housing units, and preventing individuals and families who were
recently homeless from becoming homeless again
Rental assistance to prevent homelessness was provided by Multi-service Center(MSC) and Refugee
Women's Alliance (ReWA). Most of the women that received shelter through CCS were women who
were released from the King County Regional Justice Center.
Additionally, Emergency Feeding Program provided food packs to homeless individuals and those at-risk
for homelessness.
Helping low-income individuals and families avoid becoming homeless, especially extremely
low-income individuals and families and those who are: likelyto become homeless after
being discharged from publicly funded institutions and systems of care (such as health care
facilities, mental health facilities, foster care and other youth facilities, and corrections
CAPER 10
OMB Control No:2506-0117(exp.07/31/2015)
programs and institutions); and, receiving assistance from public or private agencies that
address housing, health, social services, employment, education, or youth needs
Through its homeless continuum, which was funded by General Funds and CDBG, MSC provided
responsive services to target the needs of homeless individuals. Services provided along the continuum
consisted of shelter with supportive services, hotel vouchers, referrals to permanent housing,etc.
The YWCA and ReWA provided case management services and helped homeless individuals find
permanent housing.
CAPER 11
OMB Control No:2506-0117(exp.07/31/2015)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City worked collaboratively to address the needs of public housing by advocating for and investing
in affordable housing stock, providing supportive services to prevent homelessness(this kept additional
people off the King County Housing Authority waitlist),and staffing a number of committees and
application review teams that directed funds to organizations managing affordable housing stock.
Actions taken to encourage public housing residents to become more involved in
management and participate in homeownership
The King County Housing Authority (KCHA) increased resident involvement through a number of
mechanisms; e.g.,the Resident Advisory Council was created as a forum for residents to provide
feedback to assist KCHA with the development of policies and procedures that impact Housing Authority
residents, etc. The City was rarely in a position to have direct impact on resident involvement.
Actions taken to provide assistance to troubled PHAs
The KCHA is not considered a troubled PHA.
CAPER 12
OMB Control No:2506-0117(exp.07/31/2015)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as
barriers to affordable housing such as land use controls, tax policies affecting land, zoning
ordinances, building codes, fees and charges, growth limitations, and policies affecting the
return on residential investment. 91.220 (j); 91.320 (i)
The City of Kent is committed to maintaining the affordable housing stock in our community. Using
CDBG funds for the Home Repair Program allowed homeowners to maintain their homes and preserve
housing stock.The City also provides limited assistance to individuals and families that are behind on
utility payments due to circumstances like temporary job loss due to illness, reduced income due to a
financial emergency, etc.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.3200)
provider agencies, public sector organizations, businesses,and community members that specialize in
providing services and resources to refugee communities residing in Kent. It is an opportunity for
continuing education, networking,collaboration,and understanding and sharing across cultures.
The initial impetus for funding the Senior Nutrition and Wellness Program was a shared a meal between
Kent Parks Department staff and Somali and Bhutanese seniors; this connection was arranged by
Refugee Women's Alliance. To decrease isolation for these previously isolated populations,the Kent
Housing and Human Services Department provided a CDBG grant to ReWA to support the Senior
Nutrition and Wellness Program. The Program provides congregate meals and wellness education to
seniors at a Birch Creek Apartments site.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j)
Actions taken to address obstacles to meeting underserved needs. 91.220(k), 91.32001
See response above.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j)
To increase economic opportunities, the City invested in the Washington CASH Kent Micro-enterprise
Initiative,which provided business training to individuals who own or are developing businesses. KC-DIG
also sponsored a small business development workshop.
The City continues to look for opportunities to partner with nonprofits and other community
organizations to apply for planning and implementation grants to increase economic opportunity for its
residents.
CAPER 13
OMB Control No:2506-0117(exp.07/31/2015)
Actions taken to develop institutional structure. 91.220(k); 91.3200)
The City continued to work with King County, suburban cities,the City of Seattle, United Way of King
County and other entities to develop Family Housing Connection, a countywide program committed to
the goal of reducing the burden on families experiencing homelessness in King County by providing a
single access point for shelter and housing resources. Because families are often placed on a waitlist for
permanent housing,the City also worked with its partners to develop programs and mechanisms to
assist people until housing is secured.
Staff continued to participate on The Seattle Foundation Center for Community Partnerships Advisory
Committee. The purpose of the Center is to advance collaborative, systemic change to achieve greater
economic and racial equity in King County.This will be accomplished by working across various
interconnected issues with diverse partners including community members, government
representatives, funders and business leaders. It is anticipated that this work will have a positive impact
on institutional structure.
Additionally,staff participated on the Design Committee of Communities of Opportunity, an Initiative of
The Seattle Foundation and King County to decrease disparities among those most negatively impacted
in the areas of housing, health, and economics.
Actions taken to enhance coordination between public and private housing and social service
agencies. 91.220(k); 91.320(j)
The City was instrumental in developing relationships between these entities and continued to work
collaboratively through the Homeless Forum (a monthly meeting of housing and support service
providers),South King Council of Human Services,South King County Housing Development Group, and
the King County Housing Development Consortium.
Identify actions taken to overcome the effects of any impediments identified in the
jurisdictions analysis of impediments to fair housing choice. 91.520(a)
Recommendations from the City's Analysis of Impediments to Fair Housing Choice included:
Recommendation I: Expand current education and outreach efforts
The City continued to work on this recommendation by: (1) Posting fair housing materials on its website;
(2) Providing fair housing articles/information/notices in electronic communications to the Kent Cultural
Diversity Initiative Group; (3) Providing fair housing materials to apartment complexes through its police
department; and (4) Distributing a Fair Housing Equity Assessment Survey to protected groups.
Recommendation II: Continue ongoing enforcement activities
CAPER 14
OMB Control No:2506-0117(exp.07/31/2015)
The City does not have enforcement authority; the Washington State Human Rights Commission and the
King County Office of Civil Rights investigates complaints.
Recommendation III:Target home ownership and lending marketing to African Americans and Hispanics
households
When the City received stimulus funds through the Neighborhood Stabilization Program,the funds were
used to purchase and rehabilitate three foreclosed homes, which were then sold to income-eligible
homebuyers.The homebuyers were families of African descent that had been on the Habitat for
Humanity waitlist for an extended period of time; the families received zero-interest loans. A fifteen-
year covenant of affordability was signed by each homebuyer. Mortgage payments received from the
homebuyers were entered into a fund that will allow Habitat for Humanity to purchase, rehabilitate,and
sell additional houses. These payments will allow the City and Habitat for Humanity to target additional
home ownership to African American and Hispanic households that are on the waitlist.
CAPER 15
OMB Control No:2506-0117(exp.07/31/2015)
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance
of the plan and used to ensure long-term compliance with requirements of the programs
involved, including minority business outreach and the comprehensive planning
requirements
The City monitored its CDBG program throughout the year,and provided an on-site monitoring visit of
the Emergency Feeding Program, a newly funded agency. New agencies receive an on-site visit after
one year of funding to ensure that they are on the right track and necessary corrections can be
implemented immediately.The CDBG Program Coordinator also met with EFP project staff before and
during the contract year.
The following standards and procedures were used to monitor CDBG-funded agencies:
• Programs funded by the City must maintain high standards. Organizations are informed via the
CDBG Agreement that the failure to comply with contractual requirements and regulations
could result in remedial actions and/or the termination of funding.
• Projects received quarterly monitoring. Programs that needed guidance in achieving
performance measures or adhering to contractual requirements received technical assistance,
were required to attend a meeting with City staff, and/or received an on-site monitoring visit.
Quarterly performance reports were reviewed by the Human Services Commission.
• Monitoring concerns/finding were reviewed with agency staff and documented in writing. When
applicable, timely corrective action was required.
• Agencies were required to provide supporting documentation or written communication
verifying that deficiencies were corrected.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to
comment on performance reports.
• A Public Notice was posted on the City of Kent website on Thursday, February 5, 2015. A link to
the website was provided to non-profits,South King County Planners,and stakeholders in the
Kent area. In addition,a link to the electronic notice was provided to participants of the Kent
Cultural Diversity Initiative Group and other organizations that have contacts with ethnic/racial
minorities, non-English speaking persons,and people with disabilities.
• A copy of the Public Notice and the CAPER were posted in the Housing and Human Services
Office and at City Hall.
• The Kent community and stakeholders were also invited to provide comments at a public
hearing held at the Kent Human Services Commission meeting on February 19, 2015.
CAPER 16
OMB Control No:2506-0117(exp.07/31/2015)
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction's program objectives
and indications of how the jurisdiction would change its programs as a result of its
experiences.
There were no changes in the City's program objectives.The City does not anticipate major changes in
programs.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI)
grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
CAPER 17
OMB Control No:2506-0117(exp.07/31/2015)
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ISZKENT Agenda Item: Consent Calendar - 7H
TO: City Council
DATE: March 3, 2015
SUBJECT: 2015 Washington State Slo-Pitch Umpires Association Agreement -
Authorize
MOTION: Authorize the Mayor to sign a goods and services agreement with
Washington State Slo-pitch Softball Umpires Association in an amount not
to exceed $40,000.00 for the 2015 season umpire coverage, subject to final
terms and conditions acceptable to the Parks Director and the City Attorney.
SUMMARY: Participating teams in the City of Kent Adult Softball Program annually
select their preferred umpires association to provide umpire coverage for league play.
Each year, up to 180 teams play in league games covered by the Washington State
Slo-pitch Umpires Association Agreement. As a result, the 2015 contract will likely
exceed $35,000.00.
EXHIBITS: Goods and Services Agreement
RECOMMENDED BY: Parks and Human Services Committee
YEA: Ranniger - Higgins - Fincher NAY:
BUDGET IMPACT: Participant fees cover all costs for this program in the Recreation
Operating Budget
This page intentionally left blank.
*KEN
wa= .��T
GOODS & SERVICES AGREEMENT
between the City of Kent and
Washington State Slo-pitch Umpires Association
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and Washington State Slo-pitch Umpires Association
organized under the laws of the State of Washington, King County, located and doing business
at 19516 63rd PL NE, Kenmore, WA 98028 (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following
services for the City:
Description: Adult Slowpitch Softball Umpiring
Start time/Duration/Stop Time: April 1, 2015 to September 30, 2015
Event Location: City of Kent and Kent School District Athletic Fields
The vendor agrees to credit the City of Kent $20.00 and One (1) dozen approved
softballs for failure to provide umpire services for a scheduled game, per
occurrence.
Vendor acknowledges and understands that it is not the City's exclusive provider of these
goods, materials, or services and that the City maintains its unqualified right to obtain these
goods, materials, and services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall
complete the work and provide all goods, materials, and services by completion of the Softball
Season, September 30, 2015.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed 1
person/multiple games-$33.00 per game; 2 person/multiple games-$56.00 per game, including
applicable Washington State Sales Tax, for the goods, materials, and services contemplated in
this Agreement. The City shall pay the Vendor the following amounts according to the following
schedule:
GOODS & SERVICES AGREEMENT - 1
(Over$10,000.00, including WSST)
Washington State Slo-pitch Umpire Association will submit an itemized invoice of
games worked, umpires per game and fee incurred. Invoice may be divided into
portions of the season, either on a monthly or bi-monthly schedule or one invoice
for the entire program/season.
If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves
the option to only pay that portion of the invoice not in dispute. In that event, the parties will
immediately make every effort to settle the disputed portion.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment
from Vendor for any defective or unauthorized goods, materials or services. If
Vendor is unable, for any reason, to complete any part of this Agreement, the City
may obtain the goods, materials or services from other sources, and Vendor shall
be liable to the City for any additional costs incurred by the City. "Additional costs"
shall mean all reasonable costs, including legal costs and attorney fees, incurred by
the City beyond the maximum Agreement price specified above. The City further
reserves its right to deduct these additional costs incurred to complete this
Agreement with other sources, from any and all amounts due or to become due the
Vendor.
B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT
SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND
PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME
REQUEST FOR FINAL PAYMENT IS MADE.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Vendor has the ability to control and direct the performance and details
of its work, the City being interested only in the results obtained under this
Agreement.
B. The Vendor maintains and pays for its own place of business from which
Vendor's services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the
City retained Vendor's services, or the Vendor is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Vendor is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
GOODS & SERVICES AGREEMENT - 2
(Over$10,000.00, including WSST)
E. The Vendor has registered its business and established an account with the
state Department of Revenue and other state agencies as may be required
by Vendor's business, and has obtained a Unified Business Identifier (UBI)
number from the State of Washington.
F. The Vendor maintains a set of books dedicated to the expenses and earnings
of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement.
VI. CHANGES. The City may issue a written amendment for any change in the goods,
materials or services to be provided during the performance of this Agreement. If the Vendor
determines, for any reason, that an amendment is necessary, Vendor must submit a written
amendment request to the person listed in the notice provision section of this Agreement,
section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have
known of the facts and events giving rise to the requested change. If the City determines that
the change increases or decreases the Vendor's costs or time for performance, the City will
make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the
Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will
determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
amended work upon receiving either a written amendment from the City or an oral order from
the City before actually receiving the written amendment. If the Vendor fails to require an
amendment within the time allowed, the Vendor waives its right to make any claim or submit
subsequent amendment requests for that portion of the contract work. If the Vendor disagrees
with the equitable adjustment, the Vendor must complete the amended work; however, the
Vendor may elect to protest the adjustment as provided in subsections A through E of Section
VII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a
separate acceptance, or (3) not protesting in the way this section provides. An amendment that
is accepted by Vendor as provided in this section shall constitute full payment and final
settlement of all claims for contract time and for direct, indirect and consequential costs,
including costs of delays related to any work, either covered or affected by the change.
VII. CLAIMS. If the Vendor disagrees with anything required by an amendment,
another written order, or an oral order from the City, including any direction, instruction,
interpretation, or determination by the City, the Vendor may file a claim as provided in this
section. The Vendor shall give written notice to the City of all claims within fourteen (14)
calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14)
calendar days of the date the Vendor knew or should have known of the facts or events giving
rise to the claim, whichever occurs first . Any claim for damages, additional payment for any
reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively
deemed to have been waived by the Vendor unless a timely written claim is made in strict
accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in
subsections A, items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
GOODS & SERVICES AGREEMENT - 3
(Over$10,000.00, including WSST)
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS
SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that
estimate was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred
as a result of the asserted events giving rise to the claim. The City shall have
access to any of the Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are
followed. If the City determines that a claim is valid, the City will adjust payment
for work or time by an equitable adjustment. No adjustment will be made for an
invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall
proceed promptly to provide the goods, materials and services required by the City
under this Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,
the Vendor also waives any additional entitlement and accepts from the City any
written or oral order (including directions, instructions, interpretations, and
determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures
of this section, the Vendor completely waives any claims for protested work and
accepts from the City any written or oral order (including directions, instructions,
interpretations, and determination).
VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM
THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT
SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY
LIMITATIONS PERIOD.
IX. WARRANTY. This Agreement is subject to all warranty provisions established
under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants
goods are merchantable, are fit for the particular purpose for which they were obtained, and will
perform in accordance with their specifications and Vendor's representations to City. The Vendor
shall correct all defects in workmanship and materials within one (1) year from the date of the
City's acceptance of the Contract work. In the event any part of the goods are repaired, only
original replacement parts shall be used—rebuilt or used parts will not be acceptable. When
defects are corrected, the warranty for that portion of the work shall extend for one (1) year
from the date such correction is completed and accepted by the City. The Vendor shall begin to
GOODS & SERVICES AGREEMENT - 4
(Over$10,000.00, including WSST)
correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Vendor does not accomplish the corrections within a reasonable time as
determined by the City, the City may complete the corrections and the Vendor shall pay all costs
incurred by the City in order to accomplish the correction.
X. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on
behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates.
Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy
Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract
work, file the attached Compliance Statement.
XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Vendor's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Vendor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS
INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this
Agreement.
XII. INSURANCE. The Vendor shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit A attached and
incorporated by this reference.
XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors
in the performance of the contract work and shall utilize all protection necessary for that
purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any
loss of or damage to materials, tools, or other articles used or held for use in connection with the
work.
XIV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
GOODS & SERVICES AGREEMENT - 5
(Over$10,000.00, including WSST)
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section XI of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Vendor.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Vendor's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
I. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
GOODS & SERVICES AGREEMENT - 6
(Over$10,000.00, including WSST)
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
VENDOR: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
VENDOR: CITY OF KENT:
Dale McGregor David E. Heldt/Kent Commons
Washington State Slo-pitch Umpires City of Kent
19516 63rd PL NE 220 Fourth Avenue South
Kenmore, WA 98028 Kent, WA 98032
425-481-2005 (telephone) (253) 856-5000 (telephone)
425-481-2005 (facsimile) (253) 856-6000 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
[In this field.You may enter the electronic filepeN where the contract has been saved]
GOODS & SERVICES AGREEMENT - 7
(Over$10,000.00, including WSST)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of 200.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1 of 3
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2 of 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on the_
(date) , between the firm I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of 200 .
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3 of 3
Exhibit A
Insurance Requirements for Softball Agreement
Insurance
The Contractor shall procure and maintain for the duration of the Agreement, insurance against
claims for injuries to persons or damage to property which may arise from or in connection with
the performance of this Agreement by the Contractor, their agents, representatives, employees
or subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Commercial General Liabilitv insurance shall be written on ISO occurrence form CGT
00 01 and shall cover liability arising from premises, operations, independent
contractors, personal injury and advertising injury, and liability assumed under the
insured contract. The Commercial General Liability insurance shall be endorsed to
provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85.
2. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Commercial General Liabilitv insurance shall be written with the limits no less than
$2,000,000 per each occurrence, 2,000,000 general aggregate.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Commercial General Liability insurance:
1. The Contractor's insurance coverage shall be primary insurance as respect the City.
Any Insurance, self-insurance, insurance pool coverage maintained by the City shall
be excess of the Contractor's insurance and shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by
certified mail, return receipt requested, has been given to the City.
3. The City of Kent shall be named as an additional insured on all policies (except
Professional Liability) as respects work performed by or on behalf of the contractor
and a copy of the endorsement naming the City as additional insured shall be
attached to the Certificate of Insurance.
4. City reserves the right to receive a certified copy of all required insurance policies.
The Contractor's Commercial Liability insurance shall also contain a clause stating
EEO COMPLIANCE DOCUMENTS - 4 of 3
that coverage shall apply separately to each insured against whom claim is made or
suit is brought, except with respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Contractor before commencement of the
Agreement.
F. Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverage's for the subcontractors shall
be subject to all of the same insurance requirements as state herein for the Contractor.
EEO COMPLIANCE DOCUMENTS - 5 of 3
ISZKENT Agenda Item: Consent Calendar - 7I
TO: City Council
DATE: March 3, 2015
SUBJECT: Land 0' Frost Youth Sports Programs Donation - Accept and Authorize
MOTION: Authorize the Mayor to accept the donation from the Land O' Frost
2015 Youth Sports Sponsorship Program in the amount of $19,000.00, to
amend the budget and authorize the expenditure of the funds subject to the
donation agreement terms and conditions, and to sign all necessary
documents, subject to terms and conditions acceptable to the Parks Director
and the City Attorney.
SUMMARY: Land 0' Frost believes in the importance of families participating together
in healthful, well-rounded experiences. They are grateful for the opportunity to give
back to deserving communities and help keep children involved in positive character-
building activities. The Land 0' Frost Youth Sponsorship Program provides funds to
local communities to help offset some of the costs associated with organizing and
operating their youth sports programs for children up to 10 years old. Land 0' Frost
youth sponsorships began in 2002, and since that time, has grown to include more
than 300 leagues, 12,500 teams, and 125,000 players. Since its inception, the Land 0'
Frost Youth Sponsorship Program has sponsored over one million players. The
$19,000 donation will fund sponsorships for youth programs for the 2015 season.
EXHIBITS: Land 0' Frost Youth Sponsorship Agreement
RECOMMENDED BY: Parks and Human Services Committee
YEA: Ranniger - Higgins - Fincher NAY:
BUDGET IMPACT: Revenue and expenses impact the Youth Sponsorships Budget
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ISZKENT Agenda Item: Consent Calendar — 73
TO: City Council
DATE: March 3, 2015
SUBJECT: King County Youth Sports Facility Grant Agreement for Play Equipment at
Kent Memorial Park — Accept and Authorize
MOTION: Authorize the Mayor to accept the Youth Sports Facility Grant from
King County in the amount of $75,000.00, to amend the budget and
authorize expenditure of the grant funds subject to the grant terms and
conditions, and to sign all necessary documents, subject conditions
acceptable to the Parks Director and City Attorney.
SUMMARY: Staff applied for and received a $75,000.00 Youth Sports Facilities Grant
from the King County Department of Natural Resources Parks Division for renovation
of the play area and installation of a wiffleball field at Kent Memorial Park. The existing
playground at the park was installed in 1997. A number of play elements have broken
and been removed, and the existing playground has sand for safety surfacing making
much of the play area inaccessible. A new playground, in conjunction with the
addition of a wiffleball field, will make Kent Memorial Park a unique destination
playground for children in our community. The addition of a wiffleball field will appeal
to kids who enjoy playing sports, while still offering more traditional play opportunities
like climbing, swinging, spinning, running and jumping in the re-developed play area.
EXHIBITS: King County Department of Natural Resources Parks Division Grant
agreement
RECOMMENDED BY: Parks and Human Services Committee
YEA: Ranniger — Higgins — Fincher NAY:
BUDGET IMPACT: Revenue and expenses impact the Parks Lifecycle Budget
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a
King County
YOUTH SPORTS FACILITIES GRANT CONTRACT-2015
Department/Division Natural Resources and Parks / Parks Division
Agency: Kent Parks
Project Title: Kent Memorial Park Playground and Wiffleball Field
Contract Amount: $75,000 Fund Code: 1638
Contract Period From: January 1,2015 To December 31,2016
Contract Number: 5734116
THIS CONTRACT is entered into by KING COUNTY (the "County"), and Kent Parks (the "Agency"),
whose address is 220 4th Ave S,Kent, WA 98032,
WHEREAS,King County is the manager of the Youth Sports Facilities Grant(YSFG)Program;
WHEREAS, the Agency is either a public agency or a non-profit organization whose land or facility
will provide recreational or athletic opportunities primarily to youth under 21 years of age;
WHEREAS, King County has selected the identified agency to be awarded a Youth Sports Facilities
Grant to assist in capital improvements for increased recreational opportunities;
WHEREAS, the Agency and/or landowner whose property will receive these improvements will
develop, program, operate, and maintain the facility to address a recreation need in King County;
WHEREAS,King County has the authority under KC Ordinance 10454 to enter into agreements for
the use of King County funds by public agencies and/or non-profit organizations to provide a service
to the public,
Page 1 of 13
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:
1. SCOPE OF SERVICES
The Agency shall provide services and comply with the requirements set forth hereinafter and in
the following attached exhibits,which are incorporated herein by reference:
® Scope of Services Attached hereto as Exhibit I
® Budget Attached hereto as Exhibit II
® Invoice Voucher Attached hereto as Exhibit III
® Reporting Attached hereto as Exhibit IV
® Design Documents Attached hereto as Exhibit V
® Insurance Certificate Attached hereto as Exhibit VI
® W-9 Attached hereto as Exhibit VII
2. TERM OF CONTRACT
This Contract shall commence on the 1 st day of January, 2015, and shall expire on the 31st day of
December, 2016,unless extended or terminated earlier, pursuant to the terms and conditions of the
Contract.
3. PREMISES
This grant project is located at:Kent Memorial Park
Commonly known as {Kent Memorial Park},and referred to herein as "the Premises."
4. PARTIES
All communication, notices,coordination, and other tenets of this Contract shall be managed by:
On behalf of Kin Co unty:
Butch Lovelace, YSFG Program Manager
King County Department of Natural Resources and Parks
201 South Jackson Street, Suite 700
Seattle,WA 98104-3855
Email: butch.lovelacegkin cg orrnty.gov
Phone: 206.477.4577
Page 2 of 13
On behalf of:
Brian Levenhagen
Kent Parks
220 4th Ave S
Kent,WA 98032
Email: hjlevenhagen@lceutwa.gov
Phone: 253,856,5116
5. COMPENSATION AND METHOD OF PAYMENT
A. The County shall reimburse the Agency for satisfactory completion of the services and
requirements specified in this Contract after the agency submits an invoice and all
accompanying reports as specified in the attached exhibits. The County will initiate
authorization for payment after approval of corrected invoices and reports. The County shall
make payment to the Agency not more than 30 days after a complete and accurate invoice is
received.
B. The Agency shall submit its final invoice and all outstanding reports within 15 days of the date
this Contract expires or is terminated. If the Agency's final invoice and reports are not
submitted by the day specified in this subsection,the County will be relieved of all liability for
payment to the Agency of the amounts set forth in said invoice or any subsequent invoice.
6. OPERATING BUDGET
When a budget is attached hereto as exhibit II, the Agency shall apply the funds received from the
County under this Contract in accordance with said budget. If, at any time during the Term of this
Contract,the Agency expects that the cumulative amount of transfers among the budget categories,
i.e. Project Tasks, may exceed 10% of the Contract amount, then the Agency shall request an
amendment to this Contract. Supporting documents necessary to explain fully the nature and
purpose of the amendment must accompany each request for an amendment. County approval of
any such amendment shall not be unreasonably withheld.
7. COMMUNICATION
The Agency shall recognize King County Parks as a fiscal sponsor for the grant project in the
following manner:
A. Plaque: At the time of project completion or dedication, whichever comes first, the Agency
shall install on or near the facility a plaque provided by the County that notes King County as a
fiscal sponsor.
B. Events: The Agency shall invite and recognize King County Parks at all events promoting the
project during construction, and at the final project dedication.
C. Community relations:The Agency shall recognize King County Parks as a fiscal sponsor in all
social media,websites, brochures,banners,posters,press releases, and other promotional
material related to the Project.
Page 3 of 13
8. PUBLIC ACCESS; PRIORITY OF USE; SCHEDULING
The Agency shall to the greatest extent reasonably possible make the project available for use by
the general public without imposing unreasonable requirements for public use. The Agency shall
to the greatest extent reasonably possible give priority of use to persons under the age of twenty-
one. Fees for use of the project shall be no greater than those generally charged by public
operators of similar facilities in Ding County. The period of time that the Agency must provide
public access and priority of use is based on the level of County funding as set forth below.If the
facility is removed from public recreational use before the end of the specified period, then the
Agency shall reimburse the County's funding on a pro rats basis, determined by dividing the
number of years of lost public use by the total years of required dedication,multiplied by the total
County grant amount.
By way of example only, if the County makes a $10,000 grant to Agency X, then the agency's
project must be dedicated to public use and priority of use by youth for 5 years. If Agency X
eliminates public access to the project after 3 years, such that 2 years of public access and youth
priority are lost,then Agency X must repay the County$4,000(2/5 * 10,000=$4,000).
Range of County Grant Required Period of Dedicated Public Use/Youth Priority
0-$14,999 5
$15,000429,999 8
$30,000-$49,999 12
$50,000-$75,000 15
If the completed project is subject to scheduling or reservation for use, then the Agency shall post
the use schedule and the Agency's scheduling or reservation policies, practices, and information in
a highly visible location near the project and/or on their website; and the Agency shall permit the
public to schedule or reserve use of the completed project consistent with the requirements of this
section 8.
Agency's duties wider this section 8 will survive the expiration or earlier termination of this
contract.
9. GREEN BUILDING
King County is committed to promoting and using green building practices in construction
projects. Though not required, King County strongly encourages practices that conserve resources,
use recycled content materials, maximize energy efficiency, and otherwise consider environmental,
economic and social benefits in the design and construction of a building project.
10. INTERNAL CONTROL AND ACCOUNTING SYSTEM
i
The Agency shall establish and maintain a system of accounting and internal controls which
complies with applicable, generally accepted accounting principles, and governmental accounting
and financial reporting standards in accordance with Revised Code of Washington (RCW) Chapter
40.14.
Page 4 of 13
11. MAINTENAACE OF RE'CORDS
A. The Agency shall maintain accounts and records, including personnel, property, financial,
and programmatic records and other such records as may be deemed necessary by the
County to ensure proper accounting for all Contract funds and compliance with this
Contract.
B. These records shall be maintained for a period of six(6)years after the expiration or earlier
termination of this Contract unless permission to destroy them is granted by the Office of the
Archivist in accordance with Revised Code of Washington(RCW) Chapter 40.14.
C. The Agency shall inform the County in writing of the location, if different from the Agency
address listed on page one of this Contract, of the aforesaid books, records, documents, and
other evidence and shall notify the County in writing of any changes in location within ten
(10)working days of any such relocation.
12. RIGHT TO INSPECT
King County reserves the right to review and approve the performance of Agency with regard to
this Contract, and, at its sole discretion, to inspect or audit the Agency's records regarding this
Contract and the Project upon reasonable notice during normal business hours.
13. COMPLIANCE WITH ALL LAWS AND REGULATIONS
The Agency, in cooperation and agreement with the owners of the Premises, shall comply with all
applicable laws, ordinances and regulations in using funds provided by the County, including,
without limitation, those relating to providing a safe working environment to employees and,
specifically, the requirements of the Washington Industrial Safety and Health Act(WISIIA); and,
to the extent applicable, those related to "public works," payment of prevailing wages, and
competitive bidding of contracts. The Agency specifically agrees to comply and pay all costs
associated with achieving such compliance without notice from King County; and further agrees
that Ding County, does not waive this section by giving notice of demand for compliance in any
instance. The Agency shall indemnify and defend the County should it be sued or made the
subject of an administrative investigation or hearing for a violation of such laws related to this
Contract.
14. CORRECTIVE ACTION
A. If the Comity determines that a breach of contract has occurred or does not approve of the
Agency's performance, it will give the Agency written notification of unacceptable
performance. The Agency will then take corrective action within a reasonable period of
time, as may be defined by King County in its sole discretion in its written notification to the
Agency.
B. 'Tine County may withhold any payment owed the Agency until the County is satisfied that
corrective action has been taken or completed.
i
Page 5 of 13
15. TERMINATION
A. The County may terminate this Contract in whole or in part, with or without case, at any
time during the Term of this Contract, by providing the Agency ten (10) days advance
written notice of the termination.
B. If the termination results from acts or omissions of the Agency, including but not limited to
misappropriation, nonperformance of required services, or fiscal mismanagement, the
Agency shall return to the County immediately any fiords, misappropriated or unexpended,
which have been paid to the Agency by the County.
C. Any King County obligations under this Contract beyond the current appropriation year are
conditioned upon the County Council's appropriation of sufficient funds to support such
obligations. If the Council does not approve such appropriation, then this Contract will
terminate automatically at the close of the current appropriation year.
16. FUTURE SUPPORT, UTILITIES AND SERVICE
The County malces no commitment to support the services contracted for herein and assumes no
obligation for future support of the activity contracted for herein except as expressly set forth in
this Contract. The Agency understands, acknowledges, and agrees that the County shall not be
liable to pay for or to provide any utilities or services in connection with the construction,
operation,maintenance, or use of the project contemplated herein.
17. HOLD HARMLESS AND INDEMNIFICATION
The Agency agrees for itself, its successors, and assigns, to defend, indemnify, and hold harmless
King County, its appointed and elected officials, and employees from and against liability for all
claims, demands, suits, and judgments, including costs of defense thereof, for injury to persons,
death, or property damage which is caused by, arises out of, or is incidental to any use of or
occurrence on the Project that is the subject of this Contract,or the Agency's exercise of rights and
privileges granted by this Contract, except to the extent of the County's sole negligence. The
Agency's obligations under this section shall include:
A. The duty to promptly accept tender of defense and provide defense to the County at the
Agency's own expense;
B. Indemnification of claims made by the Agency's employees or agents; and
C. Waiver of the Agency's immunity under the industrial insurance provisions of Title 51
RCW. but only to the extent necessary to indemnify King County, which waiver has been
mutually negotiated by the parties.
In the event it is necessary for the County to incur attorney's fees, legal expenses or other costs to
enforce the provisions of this section, all such fees, expenses and costs shall be recoverable from
the Agency.
In the event it is determined that RCW 4.24.115 applies to this Contract, the Agency agrees to
protect, defend, indemnify and save the County, its officers, officials, employees and agents from
any and all claims, demands, suits, penalties, losses damages judgments, or costs of any kind
whatsoever for bodily injury to persons or damage to property(hereinafter"claims"), arising out of
or in any way resulting from the Agency's officers, employees, agents and/or subcontractors of all
tiers, acts or omissions, performance of failure to perform the rights and privileges granted under
Page 6of13
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this Contract, to the maximum extent permitted by law or as defined by RCW 4.24.115, as now
enacted or hereafter amended.
A hold harmless provision to protect King County similar to this provision shall be included in all
Contractor or Subcontractor Agreements entered into by Agency in conjunction with this Contract.
Agency's duties under this section 17 will survive the expiration or earlier termination of this
contract.
Itl. INSURANCE
A. Liability Insurance Requirements. Notwithstanding any other provision within this Contract, ��
the Agency shall procure and maintain the following Minimum Limits of hisurance and
shall require their contractors to procure and maintain:
1. Commercial General Liability. (to include Products-Completed Operations)
insurance against claims for injuries to persons or damages to property that may
arise from or in connection with activities under this Contract. General liability
insurance shall be as broad as that provided by Commercial General Liability
"occurrence"form CG0001 (Ed. 11/85).
The insurance limits shall be no less than One Million dollars ($1,000,000)
combined single limit per occurrence and Two million dollars ($ 2,000,000) in the
aggregate for bodily injury and property damage
2. Automobile Liability. Insurance Services form number CA 00 01 (Ed. 1/80) any
auto. If the grant includes the use of automobiles, the Limit of Liability shall be no
less than One Million dollars($ 1,000,000)per occurrence.
3. Workers Conipensation/Stop Gap. If the recipient or its contractors has employees,
parties shall provide Statutory Workers Compensation coverage and Stop Gap
Liability for a limit no less than One Million dollars($1,000,000)
4. Professional Liability. If the grant includes the use of Professional Services, a Per
Claim/Aggregatc Limit of$ 1,000,000. shall be provided.
B. If the grant involves the construction of a capital project of involves the purchase of
equipment greater than $ 5,000.00 in value, the Agency shall provide "All Risk" Builders
Risk or Property" coverage for the frill replacement value of the project/property
built/purchased. King County shall be listed as a Loss payee as our interests may appear.
C. King County and its officers, officials, employees and agents shall be covered as additional
insured with respect to liability arising out of activities performed by the Agency and its
contractors. Additional Insured status shall include Products-Completed Operations.
D. To the extent of the Agency's or its contractor's negligence, their insurance respectively shall
be primary insurance with respect to the Comity, its officers, employees and agents. Any
insurance or self-insurance maintained by the County, and its officers, officials, employees
or agents shall not be subjected to contribution in favor of the Agency or its contractors
insurance and shall not benefit their in any way.
Page 7 of 13
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The Agency's and its contractors' insurance shall apply separately to each insured against
whom a claim is made or a lawsuit is brought, subject to the limits of the insurers liability.
E. Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except
by the reduction of the applicable aggregate limit by claims paid, until after thirty(30) days'
prior written notice has been given to and change in coverage accepted by King County.
F. The insurance provider must be licensed to do business in the State of Washington and
maintain a Best's rating of no less than A VIII. The Agency must provide a Certificate of
Insurance and Additional Insured Endorsement to the(Exhibit VII), and upon written request
of the County, provide a duplicate of the policy as evidence of insurance protection. The
Agency shall be responsible for the maintenance of their contractors' insurance
documentation.
G. If the Agency is a Municipal Corporation or an agency of the State of Washington and is
self-insured for any of the above insurance requirements, a certification of self-insurance
shall be attached hereto and be incorporated by reference and shall constitute compliance
with this section.
H. The Agency's duties under this section 18 shall survive the expiration or earlier termination
of this Agreement. The Agency understands, acknowledges and agrees that for the relevant
period of public use set forth in section 8,the Agency shall maintain insurance and name the
County as an additional insured, all of which shall be consistent with the requirements of this
section 18.
19. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPOWfUNITY
A. Nondiscrimination in Employment
During performance of this Contract, the Contractor agrees that it will not discriminate
against any employee or applicant for employment because of the-employee or applicant's
sex, race, color, marital status, national origin, religious affiliation, disability, sexual
orientation, gender identity or expression or age except by minimum age and retirement
provisions,unless based upon a bona fide occupational qualification.
B. Equal Employment Opportunity Efforts
i
The Contractor will undertake, and require all Subcontractors to undertake equal
employment opportunity efforts to ensure that applicants and employees are treated, without j
regard to their sex, race, color, marital status, national origin, religious affiliation, disability,
sexual orientation, gender identity or expression or age. Equal employment opportunity
efforts shall include, but not be limited to,the following: employment, upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticeships. The
Contractor agrees to post, and to require Subcontractors to post in conspicuous places
available to employees and applicants for employment notices setting forth this
nondiscrimination clause. In accordance with KCC 12.16.010.J, "equal employment
opportunity efforts" shall mean active efforts to ensure equal opportunity in employment that
is free from all forms of discrimination.
Ref: KCC 1116.020.
Page 8 of 13
C. Equal Benefits to Employees with Domestic Partners
Pursuant to Ordinance 14823, King County's "Equal Benefits" (EB) ordinance, and related
administrative rules adopted by the County Executive, as a condition of award of a contract
valued at $25,000 or more, the Contractor agrees that it shall not discriminate in the
provision of employee benefits between employees with spouses, and employees with
domestic partners during the performance of this Contract. Failure to comply with this
provision shall be considered a material breach of this Contract, and may subject the
Contractor to administrative sanctions and remedies for breach.
D. Nondiscrimination in Subcontracting Practices.
During the term of this Contract, the Contractor shall not create barriers to open and fair
opportunities to participate in County contracts or to obtain or compete for contracts and
subcontracts as sources of supplies, equipment, construction and services. In considering
offers from and doing business with subcontractors and suppliers, the Contractor shall not
discriminate against any person because of their sex, race, color, marital status, national
origin,religious affiliation, disability, sexual orientation, gender identity or expression or age
except by minimum age and retirement provisions, unless based upon a bona fide
occupational qualification.
E. Compliance with Laws and Regulations.
The Contractor and all Subcontractors shall comply fully with all applicable federal, state
and local laves, ordinances, executive orders and regulations that prohibit discrimination.
These laws include, but are not limited to, Chapter 49.60 RCW, Titles VI and VII of the
Civil Rights Act of 1964, the American with Disabilities Act, and the Restoration Act of
1987. KCC chapters 12.16, 12.17 and 12.18 are incorporated herein by reference and the
requirements in these code sections shall specifically apply to this Contract. The Contractor
and all Subcontractors shall further comply fully with any equal opportunity requirements
set forth in any federal regulations, statutes or rules included or referenced in the contact
documents.
F. Small Contractors and Suppliers Policy.
Policy. It is King County policy that Small Contactors and Suppliers (SCS) have equitable
opportunities to participate in the performance of goods and services contacts issued by
King County, and that contractors and subcontractors shall afford equal opportunity in
employment while providing supplies and services for and to King County.
Inquiries and Information Regarding King County Certified SCS Firms. Direct inquiries on
how to apply for SCS certification, or obtain a list of King County Certified Firms to the
King County Business Development and Contact Compliance (BDCC) office by telephone
at 206-263-9734.Information about becoming a King County Certified SCS Firm, as well as
a Directory of King County Certified Firms is available at: http://www.kingeounty.gov/bdee.
Definitions. The following definitions shall apply throughout this Section.
1. "Administrator"means the Director of Finance.
2. "Certified SCS Firm" means a business that has applied for participation in King
County's Contracting Opportunities Program, and has been certified as an SCS by
the King County BDCC office.
Page 9 of 13
3. "Small Contractor or Supplier" or "(SCS)"means that a business and the person or
persons who own and control it are in a financial condition,which puts the business
at a substantial disadvantage in attempting to compete for public contracts. The
relevant financial condition for eligibility under the Contracting Opportunities
Program is based on a dollar ceiling for standard business classifications that is set at
fifty percent (50%) of the Federal Small Business Administration (SBA) small
business size standards using the North American Industrial Classification System
(NAICS), and an Owners'Personal Net Worth less than$750K dollars.
G. Compliance with Section 504 of the Rehabilitation Act of 1973, as amended (Section 504)
and the American with Disabilities Act of 1990 as amended(ADA).
Pursuant to Title H of the ADA, and Section 504,King County must not discriminate against
people with disabilities in providing services, programs or activities even if those services,
programs or activities are carried out by contractors. The Contractor agrees that it shall
provide all programs, services, and activities to Comity employees or members of the public
under this Contract in the same manner as King county is oblicated to under Title II of the
ADA, and Section 504 and shall not deny participation of the benefits of such services,
programs, or activities to people with disabilities on the basis of such disability. Failure to
comply with this Section 7.1.11 shall be a material breach of, and grounds for the immediate
termination of,this Contract.
The Contractor agrees to provide to persons with disabilites access to programs, activities
and services provided under the Contract, as required by the disability access laws as defined
by KCC 12.16.
The Contractor shall not discriminate against persons with disabilities in providing the
Work. In any subcontracts for the programs, activities and services under their Contract, the
Contractor shall include the requirement that the Subcontractor provide to persons with
disabilities access to programs, activities and services provided under the Contract, as
required by the disability access laws as defined by KCC 12.16; that the Subcontractor shall
not discriminate against persons with disabilities in providing the Work under the Contract;
and that the Subcontractor shall provide that the County is a third party beneficiary to that
required provision.
H. Sanctions for Violations- Any violation of the mandatory requirements of the provisions of
this Section shall be a material breach of Contract, for which the Contractor may be subject
to damages, withholding payment and any other sanctions provided for by Contract and by
applicable law.
21. CONFLICT OF INTEREST
KCC Chapter 3.04 (Employee Code of Ethics) is incorporated by reference as if fully set forth
hence, and the Agency agrees to abide by all conditions of said chapter. Failure by the Agency to
comply with any requirement of said KCC Chapter shall be a material breach of contract.
22. POLITICAL ACTIVITY PROFITED
None of the fiords, materials, property, or services provided directly or indirectly under this
Contract shall be used for any partisan political activity or to further the election or defeat of any
candidate for public office.
Page 10 of 13
27. WAIVER OF DEFAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or
breach of any provision of the Contract shall not be deemed to be a waiver of any other or
subsequent breach and shall not be construed to be a modification of the terms of the Contract unless
stated to be such through written approval by the County, which shalt be attached to the original
Contract.
28. TAXES
The Agency agrees to pay on a current basis all taxes or assessments levied on its activities and
property, including, without limitation, any leasehold excise tax due under RCW Chapter 82.29A;
PROVIDED, however, that nothing contained herein will modify the right of the Agency to contest
any such tax, and the Agency will not be deemed to be in default as long as it will, in good faith, be
contesting the validity or amount of any such taxes.
29. WASMINGTON LAW CONTROLLING; WHERE ACTIONS BROUGHT
This Contract is made in and will be in accordance with the laws of the State of Washington,which
will be controlling in any dispute that arises hereunder. Actions pertaining to this Contract will be
brought in Ding County Superior Court, King County, Washington.
30. 13ARAGRAPII HEADINGS
The paragraph headings contained herein are only for convenience and reference and are not
intended to be a part of this Contract or in any manner to define, limit, or describe the scope or intent
of this Contract or the particular paragraphs to which they refer.
31. PUBLIC DOCUMENT
This Contract will be considered apublic document and will be available for inspection and copying
by the public.
32. LEGAL RELATIONS
Nothing contained herein will make, or be deemed to make, the County and the Agency a partner of
one another, and this Contract will not be construed as creating a partnership or joint venture.
Nothing in this Contract will create, or be deemed to create, any right, duty or obligation in any
person or entity not a party to it.
33. SINGULAR AND PLURAL
Wherever the context will so require, the singular will include the plural and plural will include the
singular.
Page 12 ol'13
34. PERMITS AND LICENSES
The Agency will obtain and maintain, at its own and sole costs and expense, all necessary permits,
licenses and approvals required for the Project.
35. INTERPRETATION OF COUNTY RULES AND REGULATIONS
If there is any question regarding the interpretation of any County rule or regulation, the County
decision will govern and will be binding upon the Agency.
36. POLICE POWERS OF THE COUNTY
Nothing contained in this Contract will diminish, or be deemed to diminish, the governmental or
police powers of the County.
37. ENTIRE AGREEMENT
This Contract, including its attachments, constitutes the entire Contract between the County and the
Agency. It supersedes all other agreements and understandings between them, whether written, oral
or otherwise.
KING COUNTY AGENCY:
FOR
i
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Dung County Executive Signature
Date NAME(Please type or print),Title
Date
Page 13 of 13
Exhibit l
�yNp � � King County
J BEAN � pp�1R. $ �r` �� ''
Youth Sports Facilities Grant
Scope of Services
Please detail the scope of work to be performed under this contract as described in the YSFG
application. You may use and expand upon the application text. Please be thorough in your
description of both the entire project and how the YSFG grant will be spent on your project.
This project will renovate the playground area at Kent Memorial Park play area, replacing the
playground (including swings, a merry-go round, and spinners), adding picnic tables and a new
wiffleball field. City of Kent Parks will bring at least$79,500 to the project to replace the
playground in the existing 5,289 square-foot playground. Kent Lions Club will contribute
$25,000 to construct the picnic area and swings. Volunteers will be used to build the playground
and do associated site work. The YSFG funds will be used for the field surfacing and fences of
the wiffleball field.
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Exhibit III
KjN0. COUN�7}A�,jc,5 r &1.9County
Youth Sports Facility Grant
Reimbursement Request
Submit To: From:
King County Parks Organization:
Attention: Butch Lovelace Address:
201 South Jackson, Suite 700
Seattle,WA 98104-3855 Contact: Phone:
THIS REIMBURSEMENT REQUEST IS FOR ACTIVITIES/SERVICES RENDERED UNDER THE YOUTH SPORTS FACILITY
GRAM'(YSFG)AGREEMENT IDENTIFIED AS:
PROJECT NAME CONTRACT#
THE COSTS AS PRESENTED N THIS REQUEST WERE INCURRED BETWEEN THE TIME PERIODS OF(DATES)
TO
❑ CHECK WHEN THIS IS FINAL REIMBURSEMENT REQUEST
i
PLEASE READ CAREFULLY BEFORE SUBMITTING A REIMBURSEMENT REQUEST
It is the responsibility of the Agency(grant recipient)to clearly document and list with highlights the
supporting documentation of the incurred expenses. You must also clearly and adequately document the
match expended. Track these expenses and reimbursements on the budget form(Exhibit H) and submit this
page, the budget form(Exhibit Il), and all supporting documents together when requesting reimbursement.
1 CERTIFY THAT THE REIMBURSEMENT REQUEST IN THE AMOUNT OF S HAS BEEN
INCURRED AND PAYMENT HAS BEEN MADE OR IS NOW DUE AND THAT NECESSARY RECEIPTS OR INVOICES
ARE ATTACHED.I ALSO CERTIFY THAT THE MATCH EXPENDED ON THIS PROJECT AS NOTED ON THE
BUDGET FORM IS ACCURATE AND DOCUMENTED.
AUTHORIZED SIGNATURE DATE
Tri'LH
Exhibit IV
jNQ (Da oN j YAf2.�5 i '�, kgKing County
Youth Sports Facilities Grant
Invoicing& Recordkeeping
1. King County grant funds can be requested and paid to the Agency only after the
costs have been incurred. To receive reimbursement, the Agency must submit to
King County Parks an accurate and complete invoice based on the Budget
(Exhibit 11) with supporting documentation such as bills which have been paid,
receipts or invoices that are due and payable. DO NOT SEND PARKS THE
ORIGINALS; KEEP ORIGINALS IN YOUR PROJECT FILE AND SEND
COPIES.
2. The attached budget form (Exhibit II),is the same budget form used for the
application. That form should be used for tracking the budget and submitted when
requesting reimbursement, either in part or whole, and updated through the life of
the grant. It is used for all stages of the grant—application, contract submittal, and
reimbursement request.
3. The Agency will receive reimbursement from King County within approximately
15 working days after Parks receives the invoice. The Agency must pay any bills
due before or after receipt of County funds.
4. The Agency shall follow the guidelines as outlined in Sections 10 & 11 of the
Contract related to recordkeeping.
Exhibit V
fyrNA COUNT. pp,45 i. KingGotmty
JJ tic_
Youth Sports Facilities Grant
Design Documents
Please provide design documents and any specifications that detail the project,particularly
related to the YSFG portion if part of a larger project. Scale your documents to 8 t/z x 11 inches
if possible. Include the following details if applicable:
• Facility dimensions
• Specifications on drainage, irrigation, and lighting, fencing and other applicable
information related to fields
• Material and equipment specifications
• Playgrounds: The manufacturer is usually able to provide a schematic design that details
the layout and specific playground pieces
• Site plan
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0D724 Future Trail . T I
Connection to
Chandler's Bay
Apartments
I�Wiffleball Field
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Ijfff
O i 11 ' AEI
Drive
Picnic Areas llli
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o Playground
Benches
o ® '�
o
Kent
Memorial
Playground , III
Renovation Picnic
Shelter I i
77 W
L L I _ _ I MiiJ
Exhibit Vt
LO KIngCounty
Youth Sports Facilities Grant
Certificate of Insurance
Please return a Certificate of Insurance naming King County as additional insured. See Sections
17 and 18 of the Contract for additional information regarding insurance requirements.
Insurance requirements may vary depending on the scope of the project. Please call the YSFG
project manager if you have questions related to the insurance requirements for your project.
r--, 'fit 1 b 1 I.- V1.
® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY)
1 1/6/2015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights t0 the
certificate holder in lieu of such endorsements .
PRODUCER CNAME:ONTACT COn01 E Scott '
Alliant Insurance Services, Inc. PHONE 206-204-9140 EAX .206-204-9205
720 Olive Way,Suite 1700 E-MAIL
Seattle WA 98101 DRESS cscott@alliant.com
INSURERS AFFORDING COVERA_GE NAIC N
INSURERA:Princeton Excess&Surplus 10786 _
INSURED KE583802 INSURER B:Safety National Casualty Corp_. _ 15105
City of Kent wsuRERc: _ _
220 Fourth Avenue South
Kent WA 98032-5895 INSURER D:_
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:2119060863 REVISION NUMBER: '.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONSAND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCEADDLSUBR POLICY EFF POLICY EXP
LTR INSD WVD POLICY NUMBER MMIDDNYYY MMIDD/1'YYY LIMITS
A X COMMERCIAL GENERAL LIABILITY IN1-A3-RL-0000069-04 11/2015 1/1/2019 EACH OCCURRENCE $5,000,000
DAMAGE TO RENTED
CLAIMS-MADE X❑ OCCUR PREMISES Ea occurrence $
MED EXP(Any one person) $
PERSONAL&ADV INJURY $
GEHL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ _
POLICY JECTPRO- ❑ LOC PRODUCTS-COMPIOP AGG $
RI-
OTHER: SIR $250,000
A AUTOMOBILE LIABILITY N7-A3-RL0000069-04 1/1/2015 11112016 Ee eccldeDISINGLE LIMIT $5,000,000
X ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BOOILV INJURY(Peracciden[) $
AUTOS AUTOS
NON-OWNED PR P DAMAGE
HIREDAUTOS AUTOS Per accitlent $
Deductible SIR $260,000
UMBRELLA LIAB OCCUR EACH OCCURRENCE _$.
EXCESS LIAB CLAIMS-MADE AGGREGATE $
i
DED RETENTION$ PER
B WORKERS COMPENSATION SP4052264 1/1/2015 1/1/2016 X STATUTE EERH
AND EMPLOYERS'LIABILITY —'-
ANVPROPRIETOR/PARTNERrEXECUTIVE YIN
E.L.EACH ACCIDENT $1,000,000`
OFFICERIMEMBER EXCLUDED? -
(Mandatory In NH) E.-DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under - -
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
A Stop Gap N7-A3-RL-0000069-04 7/1l2015 7/7/2016 Each Occurrence $5,000,000
Aggregate $5,000,000
Deductible $250,000 '..
i
DESCRIPTION OF OPERATIONS/LOCATIONS VEHICLES,(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Work Comp has a$500,000 SIR
RE: YSFG grant award contract requirement
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
King County DNR/Parks ACCORDANCE WITH THE POLICY PROVISIONS.
Attn: Butch Lovelace
201 South Jackson St. FL ESESE A�vE
Seattle WA 98104 3855 AUTHORIZED
U 1988.2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD
i
Form Request for Taxpayer Give form to the
(Rev.January 2003) Identification Number and Certification requester. Do not
Send t0 the IRS.
eeparhnent of the Treasury
Internal Revenue Service
ry Name
Ca City of Kent
a Business name,if different from above I.
C
O
N
A Y Individual/ Exempt from backup
` Check appropriate box: El soleproprietor ❑ Corporation ElPartnership ® Other 1 .................. ® withholding
Address(number,street,and apt.or suite no.) Requester's name and address(optional)
a 220 Fourth Avenue South King County DNR/Parks-YSFG
E City,state,and ZIP code 201 S. Jackson St., 7th FI.
U
Kent WA 98032 Seattle, WA 98104
List account numbeds)here(optional
m
N
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. For individuals, this is your social security number(SSN). Social security number
However, for a resident alien, sole proprietor,or disregarded entity, see the Part I instructions on
page 3. For other entities, it is your employer identification number(EIN). If you do not have a number,
see How to get a TIN on page 3. or
Note: If the account is in more than one name, see the chart on page 4 for guidelines on whose number Employer identification number
to enter. ` � (�61 01 01 / (
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me), and
2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or(b) I have not been notified by the Internal
Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c)the IRS has
notified me that I am no longer subject to backup withholding, and
3. 1 am a U.S. person (including a U.S. resident alien).
Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. li
For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement
arrangement(IRA), and generally, payments other than interest and dividends,you are not required to sign the Certification, but you must
provide your correct TIN. (See the instructions on page 4.)
Sign Signature of
Here U.S.person ► Date
Purpose Pose of Form Nonresident alien who becomes a resident alien.
Generally, only a nonresident alien individual may use the
A person who is required to file an information return with terms of a tax treaty to reduce or eliminate U.S. tax on
the IRS, must obtain your correct taxpayer identification certain types of income. However, most tax treaties contain a
number(TIN) to report, for example, income paid to you, real provision known as a "saving clause." Exceptions specified
estate transactions, mortgage interest you paid, acquisition in the saving clause may permit an exemption from tax to
or abandonment of secured property, cancellation of debt, or continue for certain types of income even after the recipient
contributions you made to an IRA. has otherwise become a U.S. resident alien for tax purposes.
U.S. person. Use Form W-9 only if you are a U.S. person If you are a U.S. resident alien who is relying on an
(including a resident alien), to provide your correct TIN to the exception contained in the saving clause of a tax treaty to
person requesting it (the requester) and, when applicable, to: claim an exemption from U.S. tax on certain types of income,
1. Certify that the TIN you are giving is correct(or you are you must attach a statement that specifies the following five
waiting for a number to be issued), items:
2. Certify that you are not subject to backup withholding, 1. The treaty country. Generally, this must be the same
or treaty under which you claimed exemption from tax as a
3. Claim exemption from backup withholding if you are a nonresident alien.
U.S. exempt payee. 2. The treaty article addressing the income.
Note: If a requester gives you a form other than Form W-9 3. The article number (or location) in the tax treaty that
to request your TIN,you should use the requester's form. contains the saving clause and its exceptions.
However, this form must meet the acceptable specifications 4. The type and amount of income that qualifies for the
described in Pub. 1167, General Rules and Specifications for exemption from tax.
Substitute Tax Forms and Schedules. 5. Sufficient facts to justify the exemption from tax under
Foreign person. If you are a foreign person, use the the terms of the treaty article.
appropriate Form W-8 (see Pub. 515, Withholding of Tax on
Nonresident Aliens and Foreign Entities).
Cat No. 10231x Fnrm W-9 (Rev. 1-2003)
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ISZKENT Agenda Item: Consent Calendar - 7K
TO: City Council
DATE: March 3, 2015
SUBJECT: King Conservation District Grant Agreement for the Green Kent
Partnership - Accept and Authorize
MOTION: Authorize the Mayor to accept the Green Kent Partnership grant
from the King Conservation District in the amount of $55,827.00, to amend
the budget and authorize expenditure of grant funds subject to the grant
terms and conditions, and to sign all necessary documents, subject to terms
and conditions acceptable to the Parks Director and City Attorney.
SUMMARY: Staff applied for and received a $55,827.00 grant from the King
Conservation District to continue implementation of the Green Kent Partnership for
2015-2016. Specifically, this grant will fund the Green Kent Steward Lead, a Green
River Natural Resources intern and allowable mileage reimbursement, regional support
through Forterra, contracted crew time and an offset for the Special Programs
Manager's time overseeing the project.
EXHIBITS: King Conservation District Grant Agreement
RECOMMENDED BY: Parks and Human Services Committee
YEA: Ranniger - Higgins - Fincher NAY:
BUDGET IMPACT: Revenue and expenses impact the Urban Forestry Plan Budget
This page intentionally left blank.
AGREEMENT FOR AWARD
OF KING CONSERVATION DISTRICT MEMBER JURISDICTION GRANT
City of Kent
This Agreement is made between the King Conservation District Number 9, a municipal
corporation in King County, Washington, located at 1107 SW Grady Way, Suite 130, Renton,
WA 98057 (referred to herein as "District"), and the City of Kent, a municipal corporation in
King County, Washington, located at 220 41" Ave S, Kent, WA 98032 (referred to herein as
"Recipient"), for the purposes set forth herein.
SECTION 1. RECITALS
1.1 Whereas, the District is a special purpose district organized and existing under
authority of Chapter 89.08 RCW which engages in certain activities and programs to conserve
natural resources, including soil and water, which activities are declared to protect and promote
the health, safety, and general welfare of the people of the state of Washington; and
1.2 Whereas, pursuant to RCW 89.08.400 and/or RCW 89.08.405, King County has
authorized and imposed a system of assessments and/or a system of rates and charges to finance
the activities and programs of the District; and
1.3 Whereas, pursuant to RCW 89.08.220, RCW 89.08.341 and/or Chapter 39.34
RCW, the District is authorized to enter into agreements with, or to furnish financial or other aid
to, municipal entities and agencies (governmental or otherwise), or their designees, or any
occupier of lands within the District, in order to carry out and facilitate the activities and
programs of the District to conserve natural resources; and
1.4 Whereas, the District has reviewed the grant application submitted by Recipient
and has determined that the application meets the requirements of Chapter 89.08 RCW and the
District's policies and procedures for awarding grants; and
1.5 Whereas, the District and Recipient desire to enter into this Agreement for the
purpose of establishing the terms and conditions relating to the District's award of a grant to
Recipient.
SECTION 2. AGREEMENT
2.1 The District agrees to award Recipient a grant in the total amount of Fifty-Five
Thousand, Eight Hundred Twenty-Seven and No/100 Dollars ($55,827.00) from KCD-2013-
2014 Collections. Grant funds shall be used by Recipient solely for the performance of the work
described in Exhibit A which is attached hereto and incorporated herein by this reference. The
District shall pay the grant funds to Recipient in accordance with the District's policies and
procedures, or as otherwise provided herein, including but not limited to, the policies and
procedures contained in the Member Jurisdiction& WRIA Forum Grant Application Instructions
and Policies, provided that such funds have been collected and received by the District.
Page 1 of 5
2.2 Recipient represents and warrants that it will only use the grant funds for the work
described in Exhibit A, which may be amended by the parties pursuant to Paragraph 3.3 of the
Agreement. Recipient shall be required to refund to the District that portion of any grant funds
which are used for unauthorized work. Further, Recipient agrees to return to the District any
grant funds that are not expended or remain after completion of the work covered by this
Agreement.
2.3 Recipient acknowledges and agrees that the grant funds may only be expended on
work which shall be entirely within the District's jurisdictional boundaries. The following
municipal entities are not within the District's jurisdictional boundaries: Enumclaw, Federal
Way, Milton, Pacific, and Skykomish. Recipient shall be required to refund to the District that
portion of any grant funds which are used for work performed outside the District's jurisdictional
boundaries.
2.4 In the event the scope of work authorized by this Agreement includes the use of
grant funds to purchase houses located on real property within a flood hazard area, Recipient
acknowledges and agrees that grant funds may only be used for such purposes if the houses to be
purchased were constructed before floodplain mapping or sensitive areas regulations were in
place for that area. Recipient shall be required to refund to the District that portion of any grant
funds which are used for unauthorized purposes.
2.5 Recipient shall be required to provide the District with biannual financial and
project progress reports, along with an annual summary report. Financial and project reports
shall be due June 30 and November 30 each year. The Recipient shall also be required to submit
to the District a final report which documents the Recipient's completion of the work in
conformance with this Agreement within thirty (30) days after the completion of the work. The
final report shall, among other things, summarize the project's successes and shall address the
regional benefits accomplished by the work. The final report shall also identify any obstacles or
challenges which were encountered during the work, along with general recommendations
regarding ways to avoid such obstacles or challenges in the future. If requested, Recipient agrees
to provide the District with additional financial or progress reports from time to time, at
reasonable intervals.
2.6 Recipient's expenditures of grant funds shall be separately identified in the
Recipient's accounting records. If requested, Recipient shall comply with other reasonable
requests made by the District with respect to the manner in which project expenditures are
tracked and accounted for in Recipient's accounting books and records. Recipient shall maintain
such records of expenditures as may be necessary to conform to generally accepted accounting
principals and to meet the requirements of all applicable state and federal laws.
2.7 If the Recipient is a Washington municipal agency, Recipient shall be required to
track project expenses using the Budget Accounting and Reporting System for the State of
Washington ("BARS").
Page 2 of 5
2.8 The District or its representative shall have the right from time to time, at
reasonable intervals, to audit the Recipient's books and records in order to verify compliance
with the terms of this Agreement. Recipient shall cooperate with the District in any such audit.
2.9 Recipient shall retain all accounting records and project files relating to this
Agreement in accordance with criteria established in the Revised Code of Washington and the
Washington State Archivist.
2.10 Recipient shall ensure that all work performed by Recipient or its employees,
agents, contractors or subcontractors is performed in a manner which protects and safeguards the
environment and natural resources and which is in compliance with local, state and federal laws
and regulations. Recipient shall implement an appropriate monitoring system or program to
ensure compliance with this provision.
2.11 Recipient agrees to indemnify, defend and hold harmless the District, its elected
or appointed officials, employees and agents, from all claims, alleged liability, damages, losses
to or death of person or damage to property allegedly resulting from the negligent or intentional
acts of the Recipient or any of its employees, agents, contractors or subcontractors in connection
with this Agreement.
112 Recipient agrees to acknowledge the District as a source of funding for this
project on all literature, signage or press releases related to said project.
SECTION 3. GENERAL PROVISIONS
3.1 This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective successors and assigns.
3.2 This Agreement constitutes the entire agreement between the parties with respect
to the subject matter hereof. No prior or contemporaneous representation, inducement, promise
or agreement between or among the parties which relate to the subject matter hereof which are
not embodied in this Agreement shall be of any force or effect.
3.3 No amendment to this Agreement shall be binding on any of the parties to this
Agreement unless such amendment is in writing and is executed by the parties. The parties
contemplate that this Agreement may from time to time be modified by written amendment
which shall be executed by duly authorized representatives of the parties and attached to this
Agreement.
3.4 Each party warrants and represents that such party has full and complete authority
to enter into this Agreement and each person executing this Agreement on behalf of a party
warrants and represents that he/she has been fully authorized to execute this Agreement on
behalf of such party and that such party is bound by the signature of such representative.
Page 3 of 5
DISTRICT: RECIPIENT:
BY BY
Name Name
Title Title
Date Date
Approved as to Form: Approved as to Form:
DISTRICT LEGAL COUNSEL: RECIPIENT'S ATTORNEY:
By .- _ 4 By
Name g L L. Frivv od y Name
Date ( I f /< Date
a
Page 4 of 5
Exhibit A
Page 5 of 5
Member Jurisdiction Grant
Program
King Conservation District Pilot Grant Application
Promntina su.gtainahle uses of natural resnurces fhronoh
Project Title: Green Kent Partnership, Year 6, 2015-16
Applicant: City of Kent Parks & Public Works Contact: Victoria L. Andrews
Principal Partners (if any): Forterra, Kent Title: Special Programs Coordinator
Parks Foundation, Green River Community
College, Kent School District
Amount of KCD Address:
Funding Requested: $55,327 220 4" Ave. S.
Total Match (optional): Kent, WA 98032
Total Project Cost: $445,443
Project Start Date:_ April_1, 2015_ Phone: 253-856-5113
Project End Date: March 31, 2016 Fax: 253-856-6050
Project Location: City of Kent(Address, Parcel E-mail: vandrews@kentwa.gov
#, L&L Points, if site specific)
King County Council District#: 5, 9 State Legislative District#: 11, 33, 47
Eligible projects:
+ Must be within the boundaries of the King Conservation District or meet certain partnering requirements
• Must be with,or through, a member jurisdiction of the District,or an assigned partner such as a nonprofit
organization or business
• Must be consistent with purposes and requirements of RCW Chapter 89.08,encouraging voluntary
stewardship
• Leveraging other funding opportunities is encouraged
Ineligible projects include:
• Maintenance of existing facilities
• Improvements to non-natural areas of parks or existing recreational facilities
Application must
• Articulate specific goals and outcomes of the project
® Have an appropriate and reasonable budget meeting state auditor guidelines
+ Specify milestones and timelines
® Identify the Project Lead and contact information
• Present clear roles for project partners
Member Jurisdiction Grant Program-Pilot Grant Application —vsn19decl3,
Page 1 of 5
1. Criteria Checklist
Please check all boxes next to criteria below that your project addresses
Natural Resource Improvement Action: Education and Outreach—to raise
awareness, deepen knowledge, and change behaviors(examples include fulfillment of
municipal NPDES MS4 permit requirements,education about value of farmland,local farms and
food systems,shorelines,salmon habitat,forests and other ecosystems)
Natural Resource Improvement Action: Capacity Building—to enhance the ability of
organizations,agencies, residential landowners and other land owners and managers to
implement best management practices and deliver natural resource management
actions on the ground (examples include urban agriculture development assistance to private
property owners to address challenging regulatory situations,preservation and/or expansion of
urban and/or rural agricultural lands,rural and urban forest lands,riparian restoration and
stewardship on private and public lands)
Natural Resource Improvement Action: Pilot and Demonstration Projects—to test Eland/or improve concepts and/or approaches in natural resource management that can
be replicated by others (examples include LID or green infrastructure demonstration projects,
development of new best management practices, distribution of local farm products,urban
agriculture e.g.farmers markets and backyard food production to promote or support social
economic independence and healthy living)
Natural Resource Improvement Action: Direct Improvement of Natural Resource
Conditions—to improve landscape and natural resource conditions as a result of direct
action (examples include supporting private property owners with land stewardship, water
quality and aquatic and wildlife habitat resources,removal of invasive weeds,stewardship on
public land)
2. Project Description—provide a brief description of the project that summarizes what you
will do, how you will do it, and why you will do it. Describe target audience, outcomes,
objectives and timelines.
WHAT: The City of Kent is requesting assistance from KCD to continue
implementing the Green Kent Partnership. The 20-year Management Plan
provides a general roadmap; however, funding resources remaining unchanged.
The management team will continue to adjust the annual work plan and site
locations to maximize what can be done by volunteers, staff and crews.
For 2015-2019, the management plan calls for enrolling 95-120 new acres in
initial restoration each year. Given our projected long-term funding situation,
this is not achievable. With KCD's support, we feel confident that we can: 1)
enroll 5-10 new acres into restoration, 2) maintain all previously enrolled acres,
3) support 20 Stewards with a Green Kent temporary, 4) achieve 7,000
volunteer hours, 5) provide an internship to a capable student enrolled in Green
River Community College's (GRCC) natural resources program, 6) augment
Member Jurisdiction Grant Program —Pilot Grant Application —vsnl9decl3 Page 2 of
staff/Steward restoration work with contracted crew support and 7) continue our
regional partnership with Forterra.
With each year of the Green Kent Partnership, city staff from both departments
have become better land managers. We are more efficient and effective in
determining restoration priorities and documenting progress, more cohesive as a
management team, and better able to provide focused training to Stewards and
citizens in best management practices (BMPs). As a result, the public lands
where work has been ongoing have been protected and enhanced, some of them
dramatically.
HOW/WHY: The Green Kent temporary plays a key role in managing the
stewardship component of the Partnership and assists with tracking overall
restoration progress. In addition to being the primary contact and coach for
Stewards, the Green Kent temporary will: 1) serve as their liaison to Park
Operations staff, 2) support work parties, 3) enter work logs into GIS, 4)
research and draft planting plans, 5) monitor and map plant survival, 6) write
features for the monthly e-newsletter, 7) organize a booth at Kent's three-day
Cornucopia Days festival, 8) solicit local business support, 9) participate on the
management team and 10) provide daily mentoring oversight to the GRCC
intern.
The GRCC intern program gives a variety of real-world urban forestry
experiences to a student. The 2014 intern was a cost-effective, mature and
capable addition to the Green Kent staff. About half the interns time will be
spent in the office, 1) providing GIS mapping, 2) compiling photo
documentation, 3) assisting with special projects (e.g. conservation action plans,
adding to the BMP manual), 4) participating in planning and site meetings, 5)
maintaining the tool inventory and 6) conducting outreach activities. The other
half of the intern's time will be spent in the field with our Stewards and also
serving as the crew lead for a new partnership with the Kent School District: five
high school interns funded by a separate grant.
Contracted crews will support staff efforts by conducting fieldwork, including
prepping sites for Green Kent Day and providing any necessary follow-up work.
Founding partner Forterra continues to be a valuable resource and heightens
Kent's presence in the region. In 2015-16, Forterra staff will once again organize
four training classes for our Stewards, opening them up to other Green Cities'
Stewards if class size permits. A Forterra liaison will participate quarterly in
management team meetings and at a Steward orientation, including allowable
travel reimbursement. Forterra will maintain and contribute to the resource-
sharing site and calendar that all Green Cities access, inform city staff of
potential new funding opportunities as they become available, and provide
letters of support if appropriate. Finally, Forterra will promote the Green Kent
Partnership regionally to the media, general public and on volunteer sites e.g.
Boeing, especially Green Kent Day. This will again include a staffed booth with
Green Kent materials at the WA State Fair. Forterra is also able to loan tools for
larger events.
Member Jurisdiction Grant Program—Pilot Grant Application—vsnl9decl3 Page 3 of 5
I
i
3. Project Activities and Measurable Results—using the table below, list specific project
activities to be completed, the timetable for the activities, and the deliverables associated
with those activities. Consider the following in your answer to this question: What actions,
interventions, programs, services will be deployed? NOTE: If you want to attach Item 3 as a
separate page,feel free to do so.
Activity Description Deliverables Timeline
1. Fieldwork (Green Kent temp., Manage site visits, work 4/1/15-
interns and other city staff, plans, work parties, 3/31/16
Stewards, volunteers. removal of debris, GRCC
delivery of chips, internship:
cardboard, plants 460 hrs., @
May-Sept.
YES Corps
(high school
interns):
July-August)
2. Community outreach (Green Recruit, train and support 4/1/15-
Kent temp. and city staff, w. Stewards; recruit vols. & 3/31/16
support from Forterra promote events via online
vol. sites. Quarterly
trainings for Stewards
plus bi-monthly informal
gatherings (some w.
speakers). Monthly e-
newsletter and daily
Facebook postings,
articles in appropriate
print/electronic media.
Monthly mgmt. team
meetings- Forterra
attends 4/yr. for regional
u dates.
3. Annual Green Kent Day Green Kent temp. will Tent.
create planting plan, vols. 10/24/15
will help clear and plant
native plants in two
areas, lay cardboard and
spread mulch.
4. Regional support- Forterra Grant description defines 4/1/15-
contract deliverables 3/31/16
5. Contracted crews to Prep for Green Kent Day Oct-Nov.
supplement field work and clear/maintain staff- 2015
identified sites.
Member Jurisdiction Grant Program—Pilot Grant Application —vsnl9decl3 Page 4 of 5
4. Project Budget & Expenses (Use attached worksheet)
5. KCD Acknowledgement—By signing below, the applicant agrees to acknowledge King
Conservation District funding by placing the KCD logo on signs, materials, and documents
produced as part of the above proposal. In addition,the applicant will notify KCD of public
events and activities funded by the KCD.
Authorized Signature Date
i
i
Member Jurisdiction Grant Program— Pilot Grant Application—vsnl gdecl3 Page 5 of 5
Member Jurisdiction Grant Program
Grant Application
King Conservation District Project Budget Form
Promoting sustainable uses of natural resources through
Project Name Green Kent Partnership, Year 6, 2015-16
Applicant City of Kent Parks & Public Works
Contact Victoria L. Andrews
Mailing Address 220 4th Ave. S., Kent, WA 98032
E-mail vandrews(cDkentwa.gov Project Start Date: 1-Apr-15
Phone 253-856-5113 JProject End Date: I 31-Mar-16
Budget Item lKCD Funds Other Funds Other Funds Total
City match WFFE, Weyerhaeuser, Vols.
Salaries & Benefits $31,233 $248,735 $2,923 $282,891
Travel/ Meals/ Mileage $500 $150 $650
Office Supplies $0
Field Supplies $500 $1,648 $2,148
Contracted/ $23,594 $23,594
Professional Services
Land Acquisition $0
Permits $0
Other: (Volunteer labor) $136,160 $136,160
Other: (specify) $0
Other: (specify) $0
Other: (specify) 1 $0
Other: (specify) 1 $0
TOTALl $55,8271 $248,885 $140,731 $445,443
Total Project Cost $445,443
Total Match $389,616
Amount of KCD Funding
Requested $55,827
Match Percentage 8716
if your KCD lWernber.lurisdiction Grant Project is approved as apart of this process, this spreadsheet rtvill also be used for project
tracking. F", e¢dror�"t',�rrr,¢pgLt..Lro„ 8;t, clx„E;lxis...E; Wa..E;%.. gru,r, ,�Ss,�s,LT¢; kgrr rherearemutip7leE:txpense&ProjectReportformsinthe
.follmuing tabs that rtvill autornadcally toad your KCD project information and budgeted line Kerns, as rtvell as a Erlank form that can Ere
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OTHER BUSINESS
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BIDS
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REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
A. Council President
B. Mayor
C. Chief Administrative Officer
D. Economic & Community Development
E. Operations
F. Parks & Human Services
G. Public Safety
H. Public Works
I. Regional Fire Authority
J. Other
K. Other
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OFFICE OF THE MAYOR
\ � Derek Matheson, Chief Administrative Officer
v KtNT Phone: 253-856-5700
WISH °°1°° Fax: 253-856-6700
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: 03/03/15
TO: Mayor Cooke
Councilmembers
FROM: Derek Matheson, Chief Administrative Officer
SUBJECT: CAO Report for Tuesday, March 3, 2015
The Chief Administrative Officer's report is intended to provide Council, staff and
community an update on the activities of the City of Kent.
ADMINISTRATION (Mayor, Clerk, Government Affairs)
The Mayor's Leadership Team met for its annual retreat. Items discussed included
Financial sustainability, city facilities, the comprehensive plan update and
interdepartmental teamwork.
ECONOMIC AND COMMUNITY DEVELOPMENT
• Members of Kent's Urban Land Institute (ULI) Technical Panel and Sound Transit's
transit-oriented development (TOD) consultants held substantive Sound Transit light
rail discussions this week on several alternative alignments and station layouts that
would best position Kent for economic development in Midway. With both Des
Moines and Federal Way seemingly leaning toward an I-5 alignment, Kent is
discussing possible transitional alignments and station options closer to SR 99 that
would accommodate ridership from Highline College and support the transit-oriented
development envisioned in the Midway Subarea Plan. Once Sound Transit issues the
Draft Environmental Impact Statement (DEIS) for the project in March/April, there is
a 45-day public comment period, immediately after which their Board will select a
preferred alignment. The Board will select a project to build in late 2016.
• Interdepartmental staff met with the City's consultant on the requirements for the
Capital Facilities Element, which is tentatively scheduled for a Land Use & Planning
Board workshop on March 23. Capital facilities planning provides a 20-year revenue
forecast which is used to prioritize City project locations and needs in a phased
approach. Projects in the first six (6) years of the plan need to be fully funded and
funding for years 7-20 of the plan needs to be realistic but can be less
refined. Establishing project and funding priorities will include critical discussions on
how best to provide the public services, infrastructure and built environment desired
by the community.
• Last week, the team from Trammel Crow gave a final presentation on their FAA
Regional Headquarters proposal to the Federal review panel. Trammel Crow thought
Page 1 of 6
it went well. A photo at the end of the presentation of Mt Rainier taken from the Golf
Course site was definitely a crowd pleaser. An award decision is still scheduled for
March 30th. Fingers are crossed.
FINANCE
• The City has successfully completed an Inter Local Agreement with the City of
Auburn in which Auburn will provide required sub-recipient monitoring on behalf of
the City for the EMPG grant. The City has also successfully completed a
Memorandum of Understanding with the Regional Fire Authority also dealing with
sub-recipient monitoring of the EMPG grant. With the completion of both of these
items, the City has successfully responded to and implemented corrective actions
addressing the two audit findings we received as part of our 2013 financial audit.
• The finance department is continuing work toward refunding our 2006 series, and
potentially our 2008A series, GO bonds. On March 3 finance will bring the Bond
Ordinance to Operations. Additionally, the second week of March finance, the Mayor,
CAO, and financial advisor will be meeting with both rating agencies, Standard &
Poor's and Moody's, to discuss the current state of the City's finances and the
improvements we have made in particular regarding our reduction of internal debt
and increased fund balances, especially in the General Fund.
HUMAN RESOURCES
Nothing to Report.
INFORMATION TECHNOLOGY
IT Technical Services is very pleased to have had so many qualified skilled IT
professionals apply for the open Technical Support Specialist II position. It was a
challenge to bring it down to just one but in the end we have offered the position,
which has been accepted, to Rick Boe. He is a highly qualified service desk
professional that comes to us from Microsoft. Rick is a Kent resident that is looking
forward to working closer to home and becoming part of the City of Kent IT Team.
He will begin on March 9.
LAW
• Tammy Larson-White, together with code enforcement, police, and corrections staff,
finally were able to get a corrections work crew out to a house located at 26530
114th Ave. SE to clean up an enormous amount of junk and debris that its owners
had accumulated over time. This place was a rea eyesore in a nicely maintained
neighborhood, and was a particular concern to former councilmember Ron Harmon's
daughter, who lives across the street from the property. The jail work crew cleaned
up all the visible junk in the front and side yards—areas visible from the street. This
is one of those very complicated code enforcement actions where assessment of
fines and even criminal prosecution didn't have tangible effect. Working with the
owners' court-appointed lawyer, though, we were able to get limited permission to
go on site and clean up areas visible from the street. This is only a temporary
solution, since nothing will stop the owners from beginning to accumulate junk all
over again. But it is a victory for the moment, and a hard won one at that.
. On Tuesday, February 24, Pat Fitzpatrick and David Galazin appeared before the
Washington State Supreme Court to defend the city's land use zoning ban on medical
marijuana collective gardens. Pat conducted himself professionally and
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knowledgeably, ably handling the barrage of questions thrown at him by the nine
justices on the Supreme Court. He and David and the whole law department should
be commended for taking this issue from cradle to grave without the assistance of
outside counsel.
MUNICIPAL COURT
Nothing to report.
PARKS, RECREATION, AND COMMUNITY SERVICES
• Some minor renovations were completed at the Kent Commons in recent weeks.
First, Thanks to Park Operations staff, the main entry way has been updated and
cleaned up. A new planting bed and some concrete work have helped to make a
more welcoming and safer entry into the Commons. Initial feedback from customers
confirms that the area feels safer and looks more inviting. Second, thanks to a grant
and some partnered work with Kent4Health, a new water fountain has been installed
near the gym and fitness areas. The fountain is refrigerated and allows for easier
filling of larger water bottles. Customers really like it.
• At West Fenwick Park, we are completing the installation/replacement of 5 new
active exercise stations. This equipment was purchased through a healthy
communities grant. These new fitness stations will be installed along the loop trail
within the park. The trail is very popular and well used the whole year round.
• Planning is complete for the 2015 Plant the Planet program led by Park Planning
staff. For the next five weeks, beginning March 3rd, Parks and Public Works staff will
visit 14 elementary schools and bring 2,034 plants to classrooms K-5. Each student
learns and pots his or her own plant, measures, waters and names it, then cares for
it until fall. At that time they are ready to be planted in across Kent, both in our
parks at some of our Fall events as well as backyards throughout the city.
• Picnic Shelter reservations for the 2015 season was opened up in February. Kent
residents may reserve their favorite shelter for a wide variety of purposes and group
sizes. Popular destinations like Morrell Meadows, Van Doren's Landing Park and Lake
Meridian Park fill up quickly. We anticipate nearly 400 private reservations to take
place this year from April — October.
• Human Services staff has been monitoring the recent King County Housing Authority
(KCHA) application process for Section 8 rental assistance. During the two-week
application period ending in February, 22,615 households countywide applied for
2,500 slots on KCHA's waiting list for Section 8 rental assistance. KCHA will hold a
lottery in March to determine which applicants will make the list, and those at the
end of the list may not receive assistance for another four years or more. Those
whose names are drawn for the start of the list will receive rent vouchers in April.
KCHA currently provides federally-funded Section 8 assistance to 11,300 families in
King County, paying the difference between the rent charged by a landlord and 30
percent of a recipient household's income. (Most Section 8 households have an
annual income of just over $14,000. Countywide, the 22,615 recent applications
represent 50,100 people, including nearly 22,000 children, more than 12,000 senior
citizens and people with disabilities, as well as more than 800 military veterans.
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POLICE
• A 15-year old juvenile was arrested for 10 armed robberies, four in Kent two in Des
Moines, three in King County and one in Burien. The suspect was residing at
Crosslands Studios in Kent.
• A string of residential burglaries on the East Hill was solved with one suspect
arrested by Detectives.
• VIPS Coordinator Tom Kasper resigned. In the interim, Sergeant Shipman is
overseeing the program.
• Detectives arrested a property offense offender for a crime spree that spread over
past several months in South County.
• Officer Eades has been made provisional sergeant of a day shift crew to temporarily
replace Sgt Majack who is on long term medical leave.
• Emphasis for speeding and traffic violations were conducted on 3rd Ave South as well
as failure to stop at the stop sign at 4th and Crow.
• Officer Morfoot received a lifesaving award for administering CPR. The officer was
responding to a 911 aid call prior to Fire's arrival. Officer was able to use an AED
defibrillator and administer CPR until Fire arrived and took over. The efforts of
Officer Morfoot saved the 69 year-old patient's life.
• A female was forced into a car at gunpoint. Canine officer located the car. Two male
suspects fled the car in opposite directions. The passenger was apprehended. He
had a gun in his waist band and it was later discovered he had a $60K felony warrant
and a prior felony harassment charge. Although the second suspect escaped at that
time, he has been identified and the investigation to apprehend him continues.
• A prostitution sting lead to 31 arrests and 17 cars were impounded as a result of that
arrest and $55,000 in fines.
• With limited resources on hand we have assigned a pair of officers on Grave/Swing
overlap to follow street racers and discourage or deter racing until the groups leave
the city to race in other jurisdictions. Due to staffing shortages, aggressive
enforcement has no yet been possible.
• The jail control panel failed last week resulting in approximately an $80K cost to
replace.
• One of the department's record supervisors announced she will be retiring in May.
• Corrections Officer Crawford and the Jail Work Crew worked to remove trash and
debris from a flop house on the east hill. The crew also routinely cleans up graffiti
when requested.
• Officer Jennifer Lindstrom graduated from the Basic Law Enforcement Academy in
Burien. She will start her field training phase back at Kent PD in March.
PUBLIC WORKS
Streets:
o Street Maintenance:
• Blade shoulders and alleys in south park; blade shoulders in north park
• Clean sidewalks on 208th between 104th and 96th and between 124th
and 108th
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• Blade the parking lot on Meeker and Frager
• Shoulder work on South 212th
• Sweep/clean up area East 128th & 237th
o Signs and Markings:
• Install sign bases in Valley south area
• Removing illegal signs and Litter pick up in the west/east hill and the
Valley areas.
• Install receptacles & cigarette recycling dispensers in Valley and East
Hill area
• Working on 2014 Inventory in East Hill area, north and south
o Concrete crew
• Preparing the replacement sidewalk for pour on East James street
o Vegetation:
• Monday — Friday: Crews working on the following islands all week: 4th &
228th Kent Kangley, and James & Lakeside
Water:
o Prep for 2014 Water Quality Report disbursement
o Kent Springs Gallery Vault inspection
0 6 million gallon #2 cleaning scope and Garrison site visit for scope
development
o Ravensdale Mobile Home Sanitary Survey to be conducted for water
o Replace/repair water services at Operations shop
o Water service deletion at 228th and 4th Ave Island
o Setup for Denny's services renewals on 228th & Central Ave
o Repair Hydrant at 25420 104th Ave SE
o Replace and raise valve box at 22623 W Valley Hwy
o Raise Hydrant at 20826 68th Ave S
o Install Storz adaptors on fire hydrants
o Set up for Boeing meter replacement
o Biannual UPS battery replacement and annual electrical PM/tightening at Kent
and Armstrong springs, East well and Seven Oaks well, Pump Station 5,
Guiberson Reservoir and Guiberson Corrosion.
• Storm:
o Extend pipes on 222nd and dig ditch
o Pothole for spot repair at 22918 125th Ave SE then pour curb and gutter
o NPDES inspections of catch basins in the SE.Panther Lake area
o Vactor Cleaning storm lines in the south valley area
o Vactor Site maintenance — clean up, prep for screening
• Sewer:
o TV Truck training this week for new truck
o TV existing sewer on East Hill near Kent-Kangley
o Replacing pumps at Frager Station
o Inspecting systems in East Hill area
• Fleet:
o Vehicle emission testing
o Air brake inspections
0 18 scheduled repairs and 20 preventative maintenance services
• Warehouse:
o Prep for utilities remote site generator annual maintenance
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o Replace flammable liquids storage cabinet and replenish inventory levels
o Haul dirt, asphalt and concrete spoils from the yard
Design & Survey:
o Engineering staff and surveyors are working on the South Central
rehabilitation project which will be bid later in the Spring. The work will
include replacing an old 6-inch water-main and relining the 50-year-old sewer.
o Design team is also working on the 224th street bridge over SR 167.
o The contractor has started work on the Desimone Levee Reach 1. The
construction group is managing the work plus work continued on the levee at
James & Russell Road.
o We are working with RFA staff for a partnership on 72nd Ave S.
Design and ROW work is continuing on the final segment of the Lakes area levee.
Page 6 of 6
EXECUTIVE SESSION
A. Property Negotiations, as per RCW 42.30.110(1)(b) & (c)
ACTION AFTER EXECUTIVE SESSION
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