HomeMy WebLinkAboutCity Council Committees - Parks and Human Services Committee - 01/18/2018Parks & Human Services Committee Meeting - Agenda
Councilmembers: Brenda Fincher, Chair – Satwinder Kaur - Tina Budell
Director Julie Parascondola, CPRP
January 18, 2018 - 5:00 p.m.
Item Description Action Speaker Time
1.Call to Order - Chair Fincher 01
2.Roll Call - Chair Fincher 01
3.Changes to the Agenda - Chair Fincher 01
4.Minutes Summary, dated November 16,
2017
YES Chair Fincher 01
5.Consultant Services Agreement With
Mithun Inc. For Mill Creek Canyon
Earthworks Park Master Plan –
Recommend
YES B. Levenhagen 15
6.Consultant Services Agreement With
Berger Partnership For Springwood Park
Master Plan – Recommend
YES H. Gibson 15
7.2017 Fourth Quarter Fee-in-Lieu Funds –
Recommend
YES H. Gibson 05
8.Parks and Recreation Commission
Ordinance and Bylaws – Recommend
YES J. Parascondola 15
9.Director's Report NO J. Parascondola 15
Parks and Human Services Committee November 16, 2017
Minutes Kent Washington
Approval Pending
Date: November 16, 2017
Time: 5:00 p.m.
Place: Council Chambers
Attending: Chair Brenda Fincher, Councilmembers Dennis Higgins, and Tina Budell
Agenda:
1. Call to Order
Chair Brenda Fincher called the meeting to order at 5:04 p.m.
2. Roll Call
Chair Brenda Fincher, Councilmembers Dennis Higgins and Tina Budell in
attendance.
3. Changes to the Agenda
There were no changes to the agenda.
4. Minutes dated October 19, 2017
MOTION: Councilmember Higgins moved to approve the minutes dated October
17, 2017. Council Chair Fincher seconded. The motion passed 2-0.
5. Greater Kent Historic Society Kent Museum – Information Only
Tessa Yemen Executive Director, provided history, services provided, and vision of
the Kent Historic Society, moving forward.
6. City of Kent Fee In Lieu Overview – Information Only
Matt Gilbert, Planner Manager, ECD Planning Services explained the process for
which Fee-In-Lieu are calculated and under which circumstances that they apply.
When new homes are built in Kent, the land developers or builders are required to
mitigate for the increased demand on parks and recreation facilities. Mitigation is
provided by providing parks and recreation space, or by paying the City a fee in lieu
of dedicated park space. Specific mitigation requirements vary between the types of
development.
Councilmember advised that the City should review the County code and compare
the City of Kents Fee-In-Lieu practices to neighboring cities to make sure the City is
currently up to date in its best business practices.
7. 2017 Third Quarter Fee-in-lieu Funds - Recommend
The City of Kent received $4,223.00 from Schneider Family Homes who voluntarily
paid a fee in lieu of dedicating park land to mitigate the development of homes in a
local subdivision of 21 lots at the Service Club Ballfields Park. Fund will be held in a
reserve account for capital improvements and must be expended within five years.
MOTION: Councilmember Budell moved to recommend Council accept $4,233 of
fee-in-lieu funds, amend the Community Parks Reinvestment Program budget, and
authorize the future expenditure of these funds for capital improvements at Service
Club Ballfields Park. Councilmember Higgins Seconded the Motion. The motion
passed 3-0.
The motion passed 3-0.
8. Parks Capital Update – Information Only
There are multiple planning, design and construction projects underway to improve
Kent’s park system. This update highlighted a number of them that have not
garnered the attention of the multi-million dollar, high profile projects that have
been the subjects of individual Committee updates.
9. KC Conservation futures Amendment “Q” - Action
On July 18, 2016, the King County Council passed Ordinance 18319, which
appropriated a total of $150,000 in Conservation Futures Levy proceeds to the City
of Kent for the Clark Lake Acquisition – Walla Property project. On December 12,
2016, the King County Council passed Ordinance 18430, authorizing King County
Executive to enter into an Interlocal agreement with the City of Kent for the
distribution of funds appropriated in Ordinance 18319.
Council suggested revaluate cost to preserve the Walla house as well as suggested
various options to save the house.
MOTION: Councilmember Higgins moved to recommend Council authorize the
Mayor to sign amendment “Q” to the King County Conservation Futures Interlocal
Cooperation Agreement, for funds in the amount $150,000, to be used toward the
purchase of the Walla property at Clark Lake, subject to final terms and conditions
acceptable to the City Attorney and Parks Director. Councilmember Budell seconded
the motion.
The motion passed 3-0
10. Consultant Services Agreement with Berger Partnership for West
Fenwick Park Renovation Design - Recommend
The Berger Partnership was selected through an RFQ process to complete the
design for and provide construction oversight of the West Fenwick Park Renovation
phase II. The total budget for the project is expected to be $2,075,000. The
project will include constructing a new destination playground, futsal court, picnic
shelters, and renovating irrigation, pathway lighting, and other necessary
improvements.
MOTION: Councilmember Budell moved to recommend council authorize the
mayor to sign a consultant services agreement with Berger Partnership, in an
amount not to exceed $215,298.00, for design and construction oversight of the
West Fenwick Park Renovation Phase II, subject to final terms and conditions
acceptable to the Parks Director and City Attorney. Councilmember Higgins
seconded the motion
The motion passed 3-0
11. Director's Report – Information Only
• YMCA Lease/Lease back Agreement to go to council on December 12 after it
has gone to Operations committee on December 5.
• No Smoking in Parks / Tobacco Free Parks sign samples presented to council.
The signs will go up in Kent Parks next week.
B Fincher referenced the upcoming City Of Kent's celebration of Arbor Day this
weekend.
12. Other Business Public Comment – Information Only
Tim Brown of E Gowe St commented on Mill Creek Canyon Park
Tim Petersen of “Streets of Kent” commented on the Meeker Street proposed Canoe
13. Adjournment
Chair Fincher adjourned the meeting at 4:48 p.m.
Ronald Lashley
Ronald Lashley
Committee Secretary
PARKS, RECREATION AND COMMUNITY SERVICES
Director Julie Parascondola, CPRP
Phone: 253-856-5100
Fax: 253-856-6050
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
TO: Kent City Council Parks and Human Services Committee
DATE: January 18, 2018
FROM: Brian Levenhagen, Senior Park Planner
SUBJECT: Consultant Services Agreement with Mithun, Inc. for Mill Creek Canyon
Earthworks Park Renovation Phase II Master Plan - Recommend
MOTION: Move to recommend council authorize the mayor to sign a
consultant services agreement with Mithun, in the amount of $149,426, for
master planning services for Mill Creek Canyon Earthworks Park, subject to
final terms and conditions acceptable to the parks director and city attorney.
SUMMARY: Mithun was selected through an RFQ process to complete a master plan
for Mill Creek Canyon Earthworks Park. The total budget for the master plan is
$149,426. The master plan will set a vision for renovating Earthworks Park,
improving the existing trail system, planning of middle and upper parks in the
canyon, and looking at ways to improve connections from the park to surrounding
areas.
EXHIBITS: Consultant Services Agreement
BUDGET IMPACTS: Revenue and expense impact to the Mill Creek Earthworks
Renovation budget
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Mithun, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Mithun organized under the laws of the State of Washington, located and
doing business at Pier 56, 1201 Alaskan Way, #200, Seattle, WA 98101 (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
As described in attached Exhibit A, incorporated herein, consultant shall provide master
planning services for Mill Creek Canyon Earthworks Park. Services will include site inventory
and assessment, analysis, public outreach, alternatives development, final master plan, and
exhibits for meetings and/or online postings.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Consultant shall complete the
work described in Section I by June 30, 2019.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
$149,426.00, for the services described in this Agreement. This is the maximum amount to
be paid under this Agreement for the work described in Section I above, and shall not be
exceeded without the prior written authorization of the City in the form of a negotiated and
executed amendment to this agreement. The Consultant agrees that the hourly or flat rate
charged by it for its services contracted for herein shall remain locked at the negotiated
rate(s) for a period of one (1) year from the effective date of this Agreement. The
Consultant's billing rates shall be as delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and
a final bill upon completion of all services described in this Agreement. The City shall
provide payment within forty-five (45) days of receipt of an invoice. If the City objects to
all or any portion of an invoice, it shall notify the Consultant and reserves the option to only
pay that portion of the invoice not in dispute. In that event, the parties will immediately
make every effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant’s services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Consultant’s services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant’s
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of
its business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant’s possession pertaining to this project, which may be used by the City without restriction. If
the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or
legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation,
national origin, or the presence of any sensory, mental, or physical disability, discriminate against any
person who is qualified and available to perform the work to which the employment relates. Consultant
shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with
City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance
Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City
harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the
Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then
Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and
reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful
refusal on the Consultant’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by
this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the
work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded
by the Consultant. Consultant shall make such data, documents, and files available to the City upon the
City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records
Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to
cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act.
The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by
anyone other than Consultant on any other project shall be without liability or legal exposure to
Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents,
notes, emails, and other records prepared or gathered by the Consultant in its performance of this
Agreement may be subject to public review and disclosure, even if those records are not produced to or
possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying
the City’s duties and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
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K. Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONSULTANT:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Dana Ralph
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
Jason King
Mithun
1201 Alaskan Way, #200
Seattle, WA 98101
206-623-3344 (telephone)
JasonK@mithun.com (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Brian Levenhagen
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5116 (telephone)
(253) BJLevenhagen@kentwa.gov (facsimile)
APPROVED AS TO FORM:
Kent Law Department
P:\Planning\Mill Creek Earthworks Park\Mill Creek Canyon Earthworks Park Master Plan 2018\Mithun CD's\Mithun-Mill Creek Earthworks Master Plan-CONTRACT
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
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.
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
January 9, 2018
Brian Levenhagen, Senior Park Planner
City of Kent Parks, Recreation and Community Services Department
220 Fourth Avenue South
Kent, WA 98032
253.856.5116
BJLevenhagen@kentwa.gov
Re: Mill Creek Canyon Park Master Plan - Proposal
Mithun Project #1726900
Dear Brian:
Please find our project proposal scope and fee for the Mill Creek Canyon Park Master Plan. We’re
thrilled to be able to contribute to the next phase of this legendary park, and aid in revitalization of
the Earthworks while reconnecting and expanding the overall function of the park to the larger
community. Our Mithun team includes Herrera Environmental Consultants to provide support on
environmental, stormwater and civil issues, John Langer Consulting for cost estimates, Studio
Matthews for engagement and branding, and NW Vernacular to aid in navigating the vital cultural
landscape issues.
The attached scope and fee is based on discussions between us and yourself, and the original RFQ,
which allowed us to clarify the scope required and allocate time for meetings and tasks. These are
outlined, including with our work products and key deliverables, along with an approximate
timeline for the work starting in February and continuing through December 2018
If this proposal is acceptable, please pass along necessary contract documents for agreement and
we can formalize this scope as soon as possible and get started as soon as possible.
We are really excited to get started, and look forward to working with you on this important
endeavor for the City of Kent and the legacy of Herbert Bayer’s work.
Sincerely,
Deb Guenther
Partner
cc: File
Project Scope and Fee Summary
Mill Creek Canyon Park Master Plan (revised) 1726900
01.09.18 Page 2 of 6
Project Description
The project will work with the City of Kent and the community to complete a new Master Plan for
the Mill Creek Canyon Park. This includes the tasks, outlined below in detail, including Inventory
and assessment of existing conditions, analysis of opportunities and constraints, developing two
initial master plan alternatives, and refinement of the alternatives into a final master plan.
Supporting tasks include assisting City staff with public outreach to gather input from the
community, and preparation of exhibits for meetings and project website.
Preliminary Schedule
The project schedule is noted in each task below, and anticipated to be February through
December, 2018
Scope of Work
The following scope of work and deliverables describe the tasks that will be accomplished by
Mithun and their subconsultants.
Task A: Inventory and Assessment $17,365
(Approximately 7 weeks / February-March)
Review documents, reports, plans and studies
Collect and compile existing base information (GIS/CAD) & prepare working site base for
overall park and focus areas
Develop preliminary mapping of potential critical areas (i.e., wetlands and streams) and
functional assessment, categorization, and typing of potential critical areas to determine
buffer widths required by the Kent City Code Chapter 11.06, using existing public data
sources and reconnaissance field survey efforts.
Develop preliminary mapping of stormwater and other utility infrastructure important to
the project goals, both on-site and off-site, using existing public data sources.
Review other applicable codes and site specific requirements for potential environmental
critical areas, views, infrastructure, cultural resources, utilities, parking, open space and
other elements.
Provide preliminary cultural resources review and background study
Assess and compile current conditions maps and narratives into a memo
Meet with client (assume 2 meetings) and team and provide notes as needed
Deliverables:
A1. Provide preliminary Base plans & documentation of existing conditions (30%)
A2. Memo outlining Preliminary Inventory and Assessment documentation, including maps
narrative report summarizing relevant issues (summary of previous reports, information on
environmental, potential critical areas, cultural resources, infrastructure, open space, utilities,
parking, circulation, and stormwater) (70%)
Project Scope and Fee Summary
Mill Creek Canyon Park Master Plan (revised) 1726900
01.09.18 Page 3 of 6
Task B: Analysis $18,055
(Approximately 7 weeks –March-May)
Provide analysis for park amenities and usage, park programming options, community
connections, potential environmental critical areas, views, infrastructure, cultural
resources, utilities, parking, open space and other elements.
Map potential critical area buffers using map data and field observations from Task A.
Provide analysis of cultural resource through character defining spaces and feature
ranking, including summary of analysis for provide a reference tool for decision making
and impacts to landmark, including treatment options
Integrate information from Public Meeting
Meet with client (assume 2 meetings) and team and provide notes as needed
Deliverables:
B1. Provide Preliminary Analysis maps (40%)
B2. Memo outlining text narrative and diagrams for park, summarizing analysis, focusing
information on park amenities and usage, community connections, environmental, potential
critical areas, cultural resources, infrastructure, open space, utilities, parking, circulation, and
stormwater (60%)
Task C: Alternatives Development $32,110
(Approximately 14 weeks, May – August)
Refine preliminary site analysis plans from Team/Client feedback
Development of plans and maps and precedent imagery for concepts that encompass park
amenities and usage, community connections, adjacent land use potential, trails, on and
off-site pedestrian connections, and improvements to existing Earthworks
Develop preliminary ideas for wayfinding and branding strategies to increase visibility and
community engagement with park,
Develop natural resources strategies including flooding, potential critical areas /
permitting, restoration of natural resources.
Develop stormwater and civil strategies for alternatives, supporting park design and
natural resources for rail, park, and public ROW pedestrian improvement conceptual
strategies
Develop preliminary costing for 2 alternative for comparison purposes
Integrate information from Public Meetings to inform Alternatives and reflect community
voices
Meet with Client (assume 4 meetings) and internal team as needed
Deliverables:
C1. Summary memo with strategies for park amenities and usage, community connections,
environmental, potential critical areas, cultural resources, infrastructure, open space, park
programming options, utilities, parking, circulation, and stormwater (25%)
C2. Draft Alternatives Maps, Narrative & Supporting Sketches (25%)
C3. Final Presentation w/ Illustrations and supporting information for two master plan
alternatives; Preliminary Cost Information for two alternatives (50%)
Project Scope and Fee Summary
Mill Creek Canyon Park Master Plan (revised) 1726900
01.09.18 Page 4 of 6
Task D: Final Master Plan $40,080
(Approximately 16 weeks, September-December)
Incorporate feedback from two alternatives to develop Final Master Plan document, with
illustrations, graphics, narrative text, and park programming options, including:
o Background information
o Narrative of features of final option w/ supporting maps and graphics
o One illustrative Master Plan map (in report and larger scale)
o Cost breakdown & Phasing plan
o Concept sketches (3) of key focus areas
Incorporate information on potential critical areas and stormwater opportunities
Review master plan options for cultural resource, landmark impacts and treatment options
Provide final cost/phasing analysis for Final Master Plan
Incorporate feedback from a maximum of 2 rounds of reviews from Client
Compile and develop final, formatted Master Plan document to client
Meet with Client (assume 3 meetings) and internal team as needed
Deliverables:
D1. Draft Outline of Master Plan (20%)
D2. Draft Master Plan Document for Review (30%)
D3. Final Master Plan Document w/ supporting information, graphics, text, maps, and sketches
costing and phasing (50%)
Task E: Public Outreach $27,400
(Multiple Events, spanning April-September)
On-going through the project, we will conduct a series of public outreach events to both generate
interest and excitement for the project, and gathering vital information about opportunities,
constraints, possibilities and concerns. The breakdown of tasks includes
Brainstorm ideas and develop a work plan for public outreach
Public Meeting #1: Initial workshop with a focus on community listening and information
gathering, building on work done by City of Kent.
Public Meetings#2a-c: A series of pop-up events around the park and community to
provide fun and interaction
Public Meeting #3: Workshop to review design alternatives and solicit feedback from
community on priorities, amenities, configuration, phasing, and connectivity.
Develop strategies for additional engagement and branding opportunities to be employed
by City to support master plan and Phase one activities
Support digital and City communications through preparation of figures (see Task F)
Meet with Client (assume 1 meeting) and internal team as needed
Deliverables:
E1. Workshop 1 (30%)
E2. Workshop series w/ 3 small pop-up events in community (40%)
E3. Workshop 3 (30%)
Project Scope and Fee Summary
Mill Creek Canyon Park Master Plan (revised) 1726900
01.09.18 Page 5 of 6
Task F: Exhibits for Meetings/Website $14,416
(Duration of Project)
To support the above tasks, we will prepare deliverables for meetings, public events, workshops
and presentations. We will also coordinate with City of Kent staff for formatting and delivering
graphics suitable for website and other formats as needed.
Deliverables:
Drawings, maps, presentations, boards and graphics to support all project tasks (to be billed
concurrent with other Tasks)
Project Team
Mithun Team Leaders: Billing Rate (hr):
Project Director: Deb Guenther $ 210
Project Manager/Landscape Architect: Jason King $ 170
Landscape Architect: Dakota Keene $ 170
Landscape Design/Graphics: Kasia Keeley $ 95
Mithun Consultants:
Herrera Environmental Consultants – Environmental, Stormwater, Civil
John Langer Consulting – Cost Estimating
Studio Matthews – Outreach, Branding
NW Vernacular – Cultural Resources
Assumptions:
Owner to provide base information and documentation in digital format for use in
preparation of maps and diagrams
Input and deliverables provided to Mithun in a timely manner and according to the project
schedule.
Preliminary cost information will be supplied to John Langer for integration into formal
cost projects.
Unless specifically required or requested, Mithun will rely on the use of electronic
documents and communications, including the documents produced at the end this
project and not provide printed reports.
Mithun will use Newforma for file organization and transmittal to Owner and team
members
Project Scope and Fee Summary
Mill Creek Canyon Park Master Plan (revised) 1726900
01.09.18 Page 6 of 6
FEE SUMMARY:
Task A: Inventory & Assessment $17,365
Task B: Analysis $18,055
Task C: Alternatives Development $32,110
Task D: Final Master Plan $40,080
Task E: Public Outreach $27,400
Task F: Exhibits for Meetings/Website $14,416
Proposed Fee: $149,426
Mithun’s administrative markup is 1.1 times Consultant charge (included in above).
Reimbursable expenses, such as courier services, mileage, travel expenses, reprographic services,
photography, long distance communications, and jurisdictional authority fees, are included in this
proposal.
Optional Additional Services (not included above)
Professional renderings;
Physical models;
Design and fabrication of site specific installations/pop-up kiosks
Additional planning design studies, beyond the ones described above;
LEED, SITES or other sustainable rating tool documentation or assessment;
Water budget assessments;
Life Cycle Assessments;
Extensive field measurements, delineation and production of as-built documentation;
Meetings, presentations, and neighborhood outreach beyond those meetings included
above.
PARKS, RECREATION AND COMMUNITY SERVICES
Director Julie Parascondola, CPRP
Phone: 253-856-5100
Fax: 253-856-6050
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
TO: Kent City Council Parks and Human Services Committee
DATE: January 18, 2018
FROM: Hope Gibson, Manager of Parks Planning & Development
SUBJECT: Consultant Services Agreement with Berger Partnership for
Springwood Park Renovation Master Plan - Recommend
MOTION: Move to recommend council authorize the mayor to sign a
consultant services agreement with Berger Partnership, in the amount of
$89,090.00, to provide a master plan for the renovation of Springwood Park,
subject to final terms and conditions acceptable to the parks director and
city attorney.
SUMMARY: Springwood Park, located in the southeast section of Kent, is a park in
serious need of renovation. It has seen many of its park amenities removed due to
age and vandalism. It lies in a neighborhood that would strongly benefit from a
vibrant, updated community park; and the renovation of this park has been on a
priority project list based on the work completed by the 2012 Kent Park Advisory
Committee.
For this master plan project, the city will work with the consultant and the
community to develop a master plan for renovating Springwood Park to meet the
current needs of the area it will serve.
EXHIBITS: Consultant Services Agreement
BUDGET IMPACTS: Revenue and expense impact to the Springwood Park
Renovation budget
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Berger Partnership PS
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Berger Partnership organized under the laws of the State of Washington,
located and doing business at 1927 Post Alley, Ste. 2, Seattle, WA 98101 (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
As described in attached Exhibit A, incorporated herein, consultant shall provide master
planning for the renovation of Springwood Park. Services will include inventory and analysis,
conceptual design and public input, master plan development and adoption, and assistance
with grant funding application to the Washington Recreation and Conservation Office (RCO).
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Consultant shall complete the
work described in Section I by June 30, 2019.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
$89,090.00, for the services described in this Agreement. This is the maximum amount to
be paid under this Agreement for the work described in Section I above, and shall not be
exceeded without the prior written authorization of the City in the form of a negotiated and
executed amendment to this agreement. The Consultant agrees that the hourly or flat rate
charged by it for its services contracted for herein shall remain locked at the negotiated
rate(s) for a period of one (1) year from the effective date of this Agreement. The
Consultant's billing rates shall be as delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and
a final bill upon completion of all services described in this Agreement. The City shall
provide payment within forty-five (45) days of receipt of an invoice. If the City objects to
all or any portion of an invoice, it shall notify the Consultant and reserves the option to only
pay that portion of the invoice not in dispute. In that event, the parties will immediately
make every effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant’s services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Consultant’s services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant’s
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of
its business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant’s possession pertaining to this project, which may be used by the City without restriction. If
the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or
legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation,
national origin, or the presence of any sensory, mental, or physical disability, discriminate against any
person who is qualified and available to perform the work to which the employment relates. Consultant
shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with
City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance
Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City
harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the
Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then
Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and
reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful
refusal on the Consultant’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by
this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the
work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded
by the Consultant. Consultant shall make such data, documents, and files available to the City upon the
City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records
Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to
cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act.
The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by
anyone other than Consultant on any other project shall be without liability or legal exposure to
Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents,
notes, emails, and other records prepared or gathered by the Consultant in its performance of this
Agreement may be subject to public review and disclosure, even if those records are not produced to or
possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying
the City’s duties and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
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K. Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONSULTANT:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Dana Ralph
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
Greg Brower
Berger Partnership
1927 Post Alley, Ste. 2
Seattle, WA 98101
206-325-6877 (telephone)
gregb@bergerpartnership.com (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Hope Gibson
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 253-856-5112 (telephone)
(253) hgibson@kentwa.gov (facsimile)
APPROVED AS TO FORM:
Kent Law Department
P:\Planning\West Fenwick Park\West Fenwick Park Renovation Phase 2\Berger CD's\WF Reno PhII Design-Berger-CONTRACT
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
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.
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
12.19.17
Hope Gibson
Parks Planning and Development Manager
Brian Levenhagen
Senior Park Planner
City of Kent
Parks, Recreation & Community Services
220 Fourth Avenue South
Kent, WA 98032
Proposal for Landscape Architectural Services – Springwood Park Master Plan
Dear Hope and Brian:
We were pleased to learn we have been selected to work with the community and city
staff to prepare a master plan for Springwood Park. We look forward to working with
you and the community to create a plan for this park that is meaningful and full of
opportunities that will build community and allow people to take advantage of all this
unique site has to offer. We propose to do this through community building exercise, a
series of three open house meetings, on-line outreach, and on-site input opportunity.
As requested, we have prepared a scope of work for the project for your review. The
scope includes the services for the preparation of a park master plan. Master planning
includes public involvement, design, establishing project costs, and preparation of a
master plan report. We will also prepare exhibits for submittal to RCO for grant
consideration.
Inventory and Analysis
Inventory and analysis include the following:
• Prepare a project schedule.
• Visit the site to review existing conditions and record features.
• Meet to review the existing conditions, opportunities, constraints, and schedule.
• Code research and project requirements including possible permits and approvals.
• Prepare a site environmental reconnaissance.
• Review existing storm water and site infrastructure. Prepare a summary report.
• Develop ideas for an early community outreach kiosk.
• Develop ideas for early community outreach such as an event in the park, or other
community engagement strategy.
• Work with city staff to develop a questionnaire and meeting notice—intended for
use via the city website or posting on site.
• Develop content for social media presence.
• Prepare a site inventory/analysis plan and base plans.
• Provide project administration.
Deliverables in this phase include:
• Site notes regarding existing conditions, site features and photos capturing the
same.
• Project schedule with key milestones, meetings, and sequence of work.
• Site understanding and requirements with regard to permitting and approvals for
improvements.
• Site map or base plan for use in preparing site diagrams and park plans.
• Public input survey with questions designed to obtain public comment.
• Community outreach display materials including meeting notice, a site map of
existing conditions, aerial site image, and character photographs.
Conceptual Design and Public Input
This phase includes the following:
• Collect and review input generated from early outreach efforts.
• Develop conceptual diagrams based on initial input.
• Prepare drawings and graphics for meeting and presentation purposes.
• Meet to review the public open house strategy.
• Review and record park kiosk comment cards
• Prepare exhibits for the public open house and park kiosk.
• Conduct public open house #1 – Vision and Ideas.
• Meet to determine initial master plan alternatives based on public input.
• Prepare up to three master plan alternatives for consideration.
• Meet to review alternatives. Revise alternatives per input received.
• Conduct public open house #2 – Master Plan Alternatives.
• Meet to select preferred alternative and/or preferred features.
• Prepare open house input summary and notes.
• Provide project administration.
Deliverables in this phase include:
• Conceptual park diagrams for two or three options
• Public open house exhibits including site map, concept plans, and character image
boards.
• Open house meeting summary, written notes, and comments.
• Master plan alternatives including a primary idea and supporting/alternate ideas.
Master Plan Development
This phase includes the following:
• Develop a master plan based on the preferred alternative and preferred features.
• Meet to review progress and obtain input.
• Conduct public open house #3 – Master Plan Presentation to present the master
plan and obtain public input.
• Address public input and finalize the master plan.
• Prepare graphic documentation of the master plan.
• Prepare exhibits for the park kiosk.
• Prepare a draft of the master plan narrative.
• Prepare an estimate of probable cost of construction.
• Prepare a timeline/phasing plan for project implementation.
• Prepare the master plan, narrative, and cost estimate.
• Review and record park kiosk comment cards
• Provide a draft of the master plan report for review.
• Prepare non-project SEPA checklist, provide edits, and final checklist
• Provide project administration.
• Provide digital or hardcopies of the master plan report and supporting documents
as preferred.
Deliverables in this phase include:
• Preferred park master plan with supporting character images and sketches.
• Presentation graphics including the park master plan, site understanding, and
character images.
• Master plan report with park master plan, written narrative, cost estimate, images,
and public input summary notes.
Adoption of Master Plan
The scope of work includes presentation of the Master Plan to the City Council with the
desired outcome of formal adoption of the Master Plan.
• Assist with Master Plan presentation to City Council.
• Respond to questions and input, provide written responses.
• Assist as needed to achieve formal adoption of the Master Plan.
Deliverables in this phase include:
• Master Plan Report presentation via PowerPoint.
• Written comment responses to input from Council.
RCO Grant Application
We will work with city staff and the Park Board to prepare documents for grant submittal
with RCO.
• Consult with RCO grants manager.
• Prepare exhibits and documents for grant submittal including plan graphics,
sketches, written narratives, and cost estimates.
• Assist with grant submission.
Deliverables in this phase include:
• RCO Grant application.
• Grant exhibits including plan graphics, written narrative, cost estimate, timeline and
phasing.
Assumptions
• Site information in the form of a topographic survey or as-built drawings will be
provided for base drawing preparation.
• The number of public meeting attendees is unknown. We will provide two staff
members to facilitate at public meetings. If more facilitation is required, we will work
with you on a solution.
• City to implement social media outreach.
• City will provide SEPA administration
• Translation of project deliverables will be provided by others.
• Meetings in addition to those indicated will be billed on an hourly basis.
• RCO grant application is limited to one or two grant sources.
Fees
Based on the scope of services identified at this time, we have established a
fee for landscape architectural services as follows:
Inventory and Analysis $14,000.00
Conceptual Design and Public Input $25,000.00
Master Plan Development $21,500.00
Adoption of the Master Plan $2,500.00
RCO Grant Application $3,500.00
Subtotal $66,500.00
Subconsultants
Civil Engineer $5,500.00
Environmental Consultant $5,300.00
Geotechnical Engineer $9,790.00
Subtotal $20,590.00
Reimbursable Expenses $2,000.00
Total $89,090.00
Fees will be billed monthly based upon the percentage of work completed. Services
beyond those noted in this proposal will be billed as additional services on an hourly
basis as follows, or lump sum fees can be negotiated:
Principal $195.00 per hour
Associate $155.00 per hour
Project Manager $125.00 per hour
Landscape Architectural Staff $100.00 per hour
Administrative Staff $80.00 per hour
Printing, reprographic expenses, CAD plots, travel costs, and other reimbursable
expenses will be billed at cost plus a 10% administrative mark-up and are included in
the proposed fee. All accounts are due in ten days. Invoices not paid within 30 days of
invoice date will be subject to late charges of 1% per month. If payment for services is
not received within 90 days of the invoice date, all subsequent services and/or issuance
of documents may be postponed until receipt of payment, unless special arrangements
are made prior to providing the services.
If you have questions, would like more information, or wish to make any modifications,
please do not hesitate to contact us. We are looking forward to working with you on the
master plan for Springwood Park.
Sincerely,
Berger Partnership PS
Greg Brower, PLA
Principal
EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage.
3. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant’s
profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000general
EXHIBIT B (Continued)
aggregate and a $1,000,000 products-completed operations
aggregate limit.
3. Professional Liability insurance shall be written with limits no less
than $1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant’s
insurance and shall not contribute with it.
2. The Consultant’s insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the Consultant and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Consultant’s Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer’s liability. 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
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage.
3. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant’s
profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000general
EXHIBIT B (Continued)
aggregate and a $1,000,000 products-completed operations
aggregate limit.
3. Professional Liability insurance shall be written with limits no less
than $1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant’s
insurance and shall not contribute with it.
2. The Consultant’s insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the Consultant and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Consultant’s Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer’s liability. 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
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
PARKS, RECREATION AND COMMUNITY SERVICES
Director Julie Parascondola, CPRP
Phone: 253-856-5100
Fax: 253-856-6050
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
TO: Kent City Council Parks and Human Services Committee
DATE: January 18, 2018
FROM: Hope Gibson, Park Planning and Development Manager
SUBJECT: 2017 Fourth Quarter Fee-in-Lieu Funds – Recommend
MOTION: Move to recommend Council accept $39,450 of fee-in-lieu funds,
amend the Community Parks Reinvestment Program budget, and authorize
the future expenditure of these funds for capital improvements at Wilson
Playfields and Service Club Ballfields.
SUMMARY: Between October and December 2017 the city of Kent received a total of
$39,450.00 from the following developers, who voluntarily paid a fee in lieu of
dedicating park land to mitigate the development of homes in local subdivision.
These funds will be held in a reserve account for capital improvements at Wilson
Playfields and Service Club Ballfields, and must be expended within five years.
• Schneider Family Homes: subdivision into 27 lots in the 12800 block of SE
256th Street; $26,925 at Wilson Playfields
• AAA Contractors: subdivision into 9 lots in the 27500 block of 148th Avenue
SE; $12,525 at Service Club Ballfields
EXHIBITS: Copy of Revenue Report
BUDGET IMPACTS: Revenue and expense impact of $39,450 to the Community
Park Reinvestment Program budget.
R55GA014 1/2/2018 11:57:13Search GL by Account Number
Page: 112/31/201710/1/2017 -GL Dates:
Amount PO# Ref 2 PC R/V RecLT Description Vendor or CustomerSubledgerBatch # Doc #GL Date Acount Number
17864211/21/2017 P417710 P20006.56730 (26,925.00)17-86487 843981 Schneider, Harry / SchnJK AA
17879612/1/2017 P418825 P20006.56730 (12,525.00)17-86613 845347 Aaa ContractorsJK AA
(39,450.00)Account Total
(39,450.00)Report Total
PARKS, RECREATION AND COMMUNITY SERVICES
Director Julie Parascondola, CPRP
Phone: 253-856-5100
Fax: 253-856-6050
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
TO: Kent City Council Parks and Human Services Committee
DATE: January 18, 2018
FROM: Julie Parascondola, Director
SUBJECT: Amendment to Chapter 2.60 Parks and Recreation Commission
MOTION: Recommend Council adopt an ordinance that amends Chapter 2.60
of the Kent City Code to provide additional opportunities through which the
Parks and Recreation Commission may assist the City in its provision of
parks and recreation services and to make other housekeeping revisions.
SUMMARY: At the request of the Parks and Recreation Commission, to add more
clarity and structure to processes and expectations of its Commission, the
Commission members and Parks Director, Julie Parascondola created a set of new
working bylaws and made revisions to Kent City Code, Chapter 2.60. Both the newly
created bylaws and modifications to Kent City Code, Chapter 2.60 have been
reviewed by the legal department and Mayor Ralph.
While the draft bylaws are submitted for your review to add context, they do not
require council approval, but are subject to any boundaries placed upon the
Commission by the Council through Kent City Code, Chapter 2.60.
EXHIBITS: Draft Ordinance Amendment Chapter 2.60
City of Kent Parks and Recreation Commission Draft Bylaws
BUDGET IMPACTS: N/A
1 Amend Chapter 2.60, KCC -
Re: Parks and Recreation Commission
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 2.60
of the Kent City Code regarding the Parks and
Recreation Commission to provide additional
opportunities through which the Parks and
Recreation Commission may assist the City in its
provision of parks and recreation services.
RECITALS
A. The City of Kent Parks and Recreation Commission was
established in July of 2014, through the adoption of Ordinance No. 4117,
to help guide and assist the City as the City works to establish and
prioritize its parks and recreation services.
B. Having served in an advisory capacity for a couple of years,
the Parks and Recreation Commission has discussed with Parks staff other
areas in which it believes it could assist the City, and Parks staff agrees
that there are additional opportunities available where the Parks and
Recreation Commission could provide assistance. Because the Parks and
Recreation Commission obtains only those powers granted to it by Council,
an ordinance is necessary to effectuate any change to the Commission’s
powers or authority.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
2 Amend Chapter 2.60, KCC -
Re: Parks and Recreation Commission
ORDINANCE
SECTION 1. - Amendment. Chapter 2.60 of the Kent City Code,
entitled “Parks and Recreation Commission,” is amended as follows:
CHAPTER 2.60
PARKS AND RECREATION COMMISSION
Sec. 2.60.010. Parks and recreation commission created. The
city of Kent parks and recreation commission is hereby created. The parks
and recreation commission shall serve in an advisory capacity to the
mayor, city council, city administrator, and city staff.
Sec. 2.60.020. Membership, terms, residence requirements.
A. Number of members. The parks and recreation commission shall
consist of sixteen (16) appointed members, each of whom shall be
appointed by the mayor and confirmed by the city council.
B. Terms of office. The term of office for commissioners shall be for
three (3) years, except for the initial terms as provided below. , and
cCommissioners may only serve up to two (2) consecutive terms, except
for those commissioners appointed to an inaugural term that is less than
three (3) years in length. If, however, a commissioner was appointed to an
inaugural term that was less than three (3) years in length, then that
commissioner shall be permitted to serve two (2) consecutive three (3)
year terms after the inaugural term expires. The term of office of the first
six (6) commissioners appointed and confirmed shall expire December 31,
2015; the term of the second six (6) commissioners appointed and
confirmed shall expire December 31, 2016; the term of office of the final
four (4) commissioners appointed and confirmed shall expire December
31, 2017. When a vacancy occurs on the parks and recreation commission,
appointment for that position shall be for three (3) years, or for the
remainder of the unexpired term, whichever is the shorter period of time.
3 Amend Chapter 2.60, KCC -
Re: Parks and Recreation Commission
C. Residence requirements. At least ten (10) persons appointed to
serve on the parks and recreation commission shall reside within the
corporate limits of the city. To the extent practicable, appointment shall
reflect a balance and diversity of users of and interests in Kent’s parks and
recreation services, and shall include not more than two (2) youth
representatives of high school age who live within the city’s municipal
boundaries.
D. Removal. The mayor may remove Mmembers from of the parks and
recreation commission shall be removed in the following instances:
1. A commissioner resigns from the commission; or
2. A commissioner is for unexcused absentce from more than
three two (32) consecutive regular meetings; or
3. A commissioner is absent four (4) times within any twelve
(12) month period; or
4. , or may be removed by a majority vote of the entire parks
and recreation commission for neglect of duty, conflict of interest,
malfeasance in office, or other just cause. Upon the joint recommendation
of the commission’s chair and the parks and recreation director.
Any The decision to remove a commissioner of the parks and recreation
commission shall be final, and there shall be no appeal.
Sec. 2.60.030. Organization and meetings.
A. Election of officers. The parks and recreation commission shall elect
from among its members a chair, who shall preside at all meetings, and a
vice chair, who shall preside in the absence of the chair. The chair and vice
chair shall be elected annually. A majority of the parks and recreation
commission members shall constitute a quorum for the transaction of
business, and a majority of the votes cast of those present shall be
necessary to carry any motion.
4 Amend Chapter 2.60, KCC -
Re: Parks and Recreation Commission
B. Rules and regulations. The parks and recreation commission
mayshall adopt bylaws, rules, and regulations as necessary for the conduct
of its business.
C. Meeting schedule. The parks and recreation commission shall
provide a regular meeting schedule, including time, place, and frequency
of meetings as necessary, but no less frequent than once a month. The
parks and recreation commission may, from time to time, provide for
special meetings in accordance with Chapter 42.30 RCW. Although not
required for an advisory committee, Aall meetings of the commission will
shall be open to the public, in accordance with Chapter 42.30 RCW, the
Open Public Meetings Act.
D. Staffing. The Mayor will appoint appropriate staff to assist the parks
and recreation commission in the preparation of any reports and records
as are necessary for the proper operation of the commission. Staff
provided to the parks and recreation commission shall be advisory.
E. Documentation. The parks and recreation commission shall adopt
procedures to ensure minutes of the meeting are recorded and a monthly
summary of minutes of meetings is recorded along with all decisions.
Sec. 2.60.040. Duties and responsibilities. The parks and
recreation commission is advisory in nature and shall make reports and
recommendations be an advisory board to the mayor, city council, and
city staff concerning parks and recreation issues, includingresponsible for
providing guidance concerning the following matters:
A. Ways to advocate public support, involvement, and funding of Kent
parks, facilities, and programs;
B. Opportunities to engage the public in decisions affecting Kent parks,
facilities, and programs;
5 Amend Chapter 2.60, KCC -
Re: Parks and Recreation Commission
C. Budget recommendations for the acquisition, development, and
operation of parks, facilities, and programs;
D. Policy recommendations;
E. Comprehensive parks and trails planning;.
FB. Priorities for the acquisition of land and/or facilities;.
GC. Development, design, and operation of parks, facilities, and
recreation programsming and facilities;.
HD. Capital improvements planning;.
IE. Rules, Rregulations, and or other restrictions applicable to parks,
facilities, and programs;governing the hours of park and facilities
use.
JF. Concessions at park facilities;.
KG. Contracts, interlocal agreements, and lease agreements regarding
parks and recreation activities.
H. Proposed annual budget for the acquisition, development, and
operation of parks and recreation facilities and programs.
LI. Other All matters that the mayor, city council, or parks director may
be referred to the parks and recreation commission by the mayor or
city council for its consideration and recommendation.
Parks and recreation commission members are encouraged to play an
active role in engaging the Kent community to support key park and
recreation projects through public outreach efforts.
SECTION 2. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in 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
6 Amend Chapter 2.60, KCC -
Re: Parks and Recreation Commission
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 4. – Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage as provided by law.
DANA RALPH, MAYOR Date Approved
ATTEST:
KIMBERLY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
BYLAWS OF THE CITY OF KENT
PARKS AND RECREATION COMMISSION
Page 1 of 9 (01/12/18)
BYLAWS OF THE
CITY OF KENT PARKS AND RECREATION COMMISSION
ARTICLE I
Organization
Section 1.1. Organizational Name. The name of the Commission is the City of
Kent Parks and Recreation Commission (“Commission”). As provided for in section 2.60.020
of the Kent City Code (“KCC”), the Commission consists of sixteen (16) members, who are
appointed by the Mayor and confirmed by the City Council (“Commissioners”).
Section 1.2. Commission’s Duties and Responsibilities. The Commission shall
have those duties and responsibilities as provided for in KCC 2.60.040, as currently enacted
or later amended. As of the date these bylaws are enacted, KCC 2.60.040 provides:
Sec. 2.60.040. Duties and responsibilities. The parks and recreation
commission is advisory in nature and shall make reports and
recommendations to the mayor, city council, and city staff
concerning parks and recreation issues, including:
A. Ways to advocate public support, involvement, and funding
of Kent parks, facilities, and programs;
B. Opportunities to engage the public in decisions affecting Kent
parks, facilities, and programs;
C. Budget recommendations for the acquisition, development,
and operation of parks, facilities, and programs;
D. Policy recommendations;
E. Comprehensive parks and trails planning;
F. Priorities for the acquisition of land and/or facilities;
G. Development, design, and operation of parks, facilities, and
programs;
H. Capital improvements planning;
I. Rules, regulations, or other restrictions applicable to parks,
facilities, and programs;
J. Concessions at park facilities;
K. Contracts, interlocal agreements, and lease agreements
regarding parks and recreation activities.
L. Other matters that the mayor, city council, or parks director
may refer to the parks and recreation commission for its
consideration and recommendation.
BYLAWS OF THE CITY OF KENT
PARKS AND RECREATION COMMISSION
Page 2 of 9 (01/12/18)
Parks and recreation commission members are encouraged to play
an active role in engaging the Kent community to support key park
and recreation projects through public outreach efforts.
Section 1.3. Term of Commissioners. Each Commissioner shall serve a three (3)
year term, except for the initial Commissioners who were appointed to inaugural terms as
provided for by KCC 2.60.020(B). Each Commissioner is limited to two (2) consecutive
three (3) year terms. If, however, a Commissioner was appointed to an inaugural term that
was less than three (3) years in length, then that Commissioner shall be permitted to serve
two (2) consecutive three (3) year terms after the inaugural term expires. Commissioners
seeking reappointment to a subsequent term shall signify their intent in writing to the
Secretary three (3) months prior to their current terms’ expiration.
ARTICLE II
Meetings
Section 2.1. Place of Meetings. All meetings of the Commission shall be held in
the City of Kent, Centennial Building, 4th Floor, Room 402 at 6:00 PM, located at 220 Fourth
Avenue South, in the City of Kent, Washington, unless otherwise designated by a majority
of the Commission or the Chair and set forth in the notice of the meeting.
Section 2.2. Meetings.
2.2.1 Regular Meetings. The Commission shall regularly meet, at least once
per month, on the fourth Tuesday of each month, at 6:00 p.m., in the meeting
location designated in accordance with Section 2.1. All meetings of the Commission,
although not statutorily required, will be conducted in accordance with the Open
Public Meetings Act, Ch. 42.30 RCW. Subject to appropriate notice, the Chair, by
written or verbal order, may establish or amend the date or time for regular
meetings of the Commission.
2.2.2 Special Meetings. Special meetings of the Commission may be called
at any time by the Chair or a majority of the Commission, subject to the notice and
special meeting requirements of Ch. 42.30 RCW.
2.2.3 Annual Meeting for Election of Officers. The Commission’s officers
shall be elected annually from amongst its members at its monthly meeting in
March. The election shall be conducted as provided for in Section 3.2.
Section 2.3. Notice of Meetings. Notice of the Commission’s meetings shall be
given by the Secretary as required by the Open Public Meetings Act, Ch. 42.30 RCW.
Section 2.4. Agendas. The Commission’s agenda shall be set by the Chair, in
coordination with the Vice-Chair and Secretary. A copy of the agenda for all Commission
meetings shall be sent by the Secretary to each Commissioner at least five (5) days prior to
the date of the next meeting, accompanied with any necessary staff reports.
Unless altered by the Chair, or by a majority of the Commissioners present at any
Commission meeting, the order of business of all meetings of the Commission shall be as
follows:
BYLAWS OF THE CITY OF KENT
PARKS AND RECREATION COMMISSION
Page 3 of 9 (01/12/18)
1. Call to order;
2. Roll call;
3. Changes to the agenda;
4. Adoption of minutes from prior meeting(s);
5. Business;
6. Informational Items; and
6. Adjournment.
A Commissioner may ask that an item be considered by the Commission, even if it is
not identified on a formal agenda, by raising the issue during the changes to the agenda.
The item shall then be considered, with the approval of the Commission.
Section 2.5. Quorum. The number of Commissioners required to be present at
any meeting to transact the Commission’s business is nine (9), or if the number of
Commissioners serving on the Commission is less than nine (9), then a majority of the then
current membership shall constitute a quorum for the purpose of transacting the
Commission’s business.
If there is no quorum at the opening of a meeting, the Chair can re-arrange the
agenda to allow voting items to occur later in the meeting, allowing additional members to
arrive, if late, or such meeting may be adjourned, recessed, or measures taken to obtain a
quorum, by a vote of a majority of the members voting on the motion.
Section 2.6. Presiding Officer. The Chair shall be the presiding officer for all
meetings of the Commission. If the Chair is not present, the Vice-Chair shall be the
presiding officer. In the absence of both the Chair and Vice-Chair, the Chair Pro Tempore
shall be the presiding officer. The presiding officer shall retain all powers and rights
inherent to a Commissioner, including without limitation, voting powers.
Section 2.7. Commissioner Conduct. While the Commission is in session, all its
members must preserve order, decency, and decorum at all times and no Commissioner
shall, by conversation or otherwise, delay or interrupt the proceedings or the peace of the
meeting, nor disturb any Commissioner while speaking, or refuse to obey the order of the
Chair. The Commissioners may reprimand any other Commissioner for disorderly conduct
and, upon written charges entered upon by motion, may expel a member from the
Commission meeting by a vote of a majority plus one of the membership of the Commission
in attendance at that meeting. In addition, the following shall control Commissioner’s
conduct during any meeting of the Commission or any of its subcommittees:
2.7.1 The Chair will call the meeting to order and manage the meeting
agenda and time to allow for appropriate discussion and action, where appropriate.
2.7.2 Commissioners are to keep the meeting organized by speaking only
when recognized by the Chair and granted the floor. To seek recognition,
Commissioners are to raise their hands and wait to be addressed by the Chair. In
lieu of hand raising, voting/name cards may be used to indicate votes or requests to
speak.
2.7.3 Commissioners are to refrain from interrupting another person who
has the floor or from having any sidebar conversation.
BYLAWS OF THE CITY OF KENT
PARKS AND RECREATION COMMISSION
Page 4 of 9 (01/12/18)
2.7.4 Commissioners are to treat others with respect, courtesy, and in a fair
and unbiased manner. Commissioners shall refrain from any conduct or speech that
is abusive, bullying, discriminatory, or derogatory.
2.7.5 Commissioners should be open and honest about their actions and
decisions, and be respectful of others whose opinions may differ.
Repeated violations may result in the Commissioner’s removal from the Commission
in accordance with Section 3.3 and KCC 2.60.020(D).
Section 2.8. Public Comment. While the public may attend Commission
meetings, the meetings are those of the Commission itself and the public has no general
right to address the Commission. Commission meetings are not an open public forum, and
they are subject to restrictions imposed by the Chair, these bylaws, and the law.
The Chair has the discretion to authorize the public to address the Commission, if the
Chair so desires. If permission is granted, and prior to addressing the Commission, each
speaker shall sign in and state his or her name and address for the record. Remarks will be
limited to the time allocated by the Chair for each speaker, usually three (3) minutes per
speaker. All remarks shall be pertinent to matters considered by the Commission, and
speakers shall address the Chair and the Commission as a whole and not any member
individually.
Section 2.9. Public Demeanor. No one shall use any impertinent, degrading, or
slanderous language directed to the Chair, Commissioners, Mayor, staff, or other member of
the public, and no one shall otherwise engage in disruptive behavior. Disruptive behavior
includes, for example, addressing matters restricted from public comment, repeated
shouting and angry outbursts, cursing, direct or implied threats of violence, etc. After
receiving verbal notice from the presiding officer, the presiding officer may direct that a
speaker return to his or her seat or may remove any person for disruptive behavior at
Commission meetings.
Section 2.10. Voting. Discussion by the Commission shall relate to the subject
matter at hand and shall be relevant and pertinent. When action of the Commission is
required, the Chair will request a motion for a vote. Each Commissioner shall be entitled to
one vote, including the Chair or other presiding officer. Motions shall be made, seconded,
and voted upon. The Chair is authorized to establish all reasonable and necessary
procedures to permit the casting of votes by Commissioners. Every Commissioner, unless
disqualified by reason of a conflict of interest or as otherwise provided by law or excluded
by the Commission, shall cast his or her vote upon any matter put to vote by the
Commission.
Unless otherwise directed by the Chair, all votes shall be by voice or a show of
hands. No votes shall be made by proxy. Any Commissioner who abstains from voting, or
who otherwise remains silent during a vote or enters a blank ballot, will be deemed to have
not have casted a vote on that item. As provided for in Section 2.12, an abstention will not
count as a vote, either in favor of, or in opposition to, any motion. Action by the
Commission requires only the affirmative vote of a majority of the votes cast, except where
otherwise required by these bylaws or law. Action of the Commission may be shared with
the City Council, the Mayor, the Director of Parks, Recreation, and Community Services, or
the Mayor’s Leadership Team. At the request of the Chair or of any Commissioner, any
BYLAWS OF THE CITY OF KENT
PARKS AND RECREATION COMMISSION
Page 5 of 9 (01/12/18)
question shall be noted upon by a roll call and the individual voting results shall be recorded
by the Secretary in the minutes.
Where applicable, on sensitive issues, a confidential, written vote may occur. If this
option is used, it will be determined in advance by the Commission Chair. All written votes
will be submitted, read out load, and tallied.
Section 2.11. Conflict of Interest. A conflict of interest arises when a
Commissioner has a direct personal or pecuniary interest in the Commission’s action on a
matter, which interest is not common to other members of the Commission. If a
Commissioner determines he or he has a conflict of interest, that Commissioner may state
the nature of the conflict and abstain from the discussion and vote on the matter. A conflict
of interest, however, shall not preclude a Commissioner from remaining present during the
discussion.
Section 2.12. Abstention. An abstention is a decision by a Commissioner not to
vote on a particular matter and it shall not affect the quorum of the Commission or count as
any vote in favor of, or in opposition to, any matter. An abstention is not a vote and is not
counted as a vote.
ARTICLE III
Officers
Section 3.1. Officers of the Commission. The officers of the Commission are a
Chair, a Vice-Chair, and a Secretary, who shall have the powers and duties as set forth in
these bylaws and as may be delegated to such officer by the Commissioners. The
Commission shall elect, from amongst its members, a Chair and Vice-Chair. The youth
Commissioners are not eligible for officer roles. The Secretary of the Commission shall be
the staff member assigned by the Mayor to assist the Commission. Each officer shall hold
office for a one year term, or until the expiration of the officer’s term as a Commissioner,
which ever time period is shorter. No officer may serve in any office position for more than
two consecutive one year terms.
Section 3.2. Nomination and Election of Officers.
3.2.1 All calls for officer nominations to the positions of Chair and Vice-
Chair, including self-nominations, must be made orally at the annual meeting
provided for under Section 2.2.3.
3.2.2 With the exception of the youth Commissioners, any Commissioner
who has served one-year on the Commission is eligible for nomination.
3.2.3 A nomination is valid only if the nominated Commissioner affirmatively
declares at the annual meeting that he or she is willing to assume office, if elected.
3.2.4 Prior to the election, any nominated Commissioner may make a
statement to the Commission concerning the Commissioner’s qualifications for office.
Such statement shall be limited to no more than five (5) minutes in length, and the
presentation order of each Commissioner’s statement shall be determined by the
presiding officer.
BYLAWS OF THE CITY OF KENT
PARKS AND RECREATION COMMISSION
Page 6 of 9 (01/12/18)
3.2.5 Votes for office shall be cast by ballot, with each officer position being
determined by a majority vote. The Secretary shall tally the ballots. Any blank
ballot or a ballot identifying a person other than a nominated Commissioner will be
treated as an abstention.
3.2.6 In the event no candidate receives a majority vote, another vote shall
be taken with only the two candidates who received the highest number of votes
eligible for election. If a tie results, the vote will be retaken. If a tie persists after
two (2) votes, the Secretary shall resolve the tie by a coin toss.
Section 3.3. Removal and Resignation.
3.3.1 Removal from Office. The Chair or Vice Chair may be removed from
an officer position, with or without cause, by a majority vote of the Commission.
Either the Chair or Vice Chair may resign at any time by communicating such
officer’s resignation to the Commission. A resignation is effective when it is
communicated, unless it specifies in writing a later effective date. If a resignation is
made effective at a later date and the Commission accepts the future effective date,
the Commission may fill the pending vacancy before the effective date if the
Commission provides that the successor does not take office until the effective date.
3.3.2 Removal from Commission. In accordance with KCC 2.60.020(D), the
Mayor may remove a Commissioner in any of the following instances:
3.3.2.1 A Commissioner resigns from the Commission; or
3.3.2.2 A Commissioner is absent from more than two (2)
consecutive regular meetings; or
3.3.2.3 A Commissioner is absent four (4) times within any twelve
(12) month period; or
3.3.2.4 Upon the joint recommendation of the Chair and the
Director of the Parks, Recreation, and Community Services
Department.
Any decision by the Mayor to remove a Commissioner is final and no appeal
may be taken.
Section 3.4. Vacancy. Should a vacancy occur in either the Chair or Vice-Chair
position, the vacancy shall be filled by a majority vote of the remaining Commissioners,
even if less than a quorum remains, or by the sole remaining Commissioner. An officer
elected to fill a vacancy shall serve the unexpired term of the former officer and until the
next annual officer election.
Section 3.5. Officer Powers and Duties. The duties of each officer are as
follows:
3.5.1 Chair. The Chair shall perform the following duties:
BYLAWS OF THE CITY OF KENT
PARKS AND RECREATION COMMISSION
Page 7 of 9 (01/12/18)
3.5.1.1 Set the Commission’s agenda, in coordination with the Vice-
Chair and Secretary;
3.5.1.2 Preside over all meetings of the Commission, preserve order
and decorum, decide all questions of order and conduct the
meeting’s proceedings using the rules contained in Robert’s
Rules of Order where applicable, with the Chair having the
ultimate decision of how the meeting will be conducted;
3.5.1.3 Call special meetings and cancel regular meetings for cause,
including lack of a quorum;
3.5.1.4 Act as the Commission’s liaison with the Council, the Mayor,
and the Department of Parks, Recreation, and Community
Services on policy issues;
3.5.1.5 Nominate or appoint Commissioners to any subcommittees
the Commission may form;
3.5.1.6 Serve as a Commission focal point for Council, Mayor, and
staff and as principal spokesperson for the Commission;
3.5.1.7 Oversee the distribution of the Commission’s agenda and
materials during the monthly Commission meetings;
3.5.1.8 Make any necessary public appearances on behalf of the
Commission at meetings of the City Council, Mayor, and any
other bodies requiring representation of the Commission;
and
3.5.1.9 Facilitate the annual officer election process.
3.5.2 Vice-Chair. The Vice-Chair shall perform the following duties:
3.5.2.1 Act as Chair and assume the authority to perform the Chair’s
duties whenever there is a vacancy in the office of the Chair,
the Chair is absent from the Commission, or the Chair is
unable for any reason to discharge the Chair’s duties.
3.5.2.2 Assist the Chair as requested;
3.5.2.3 Attend, participate, and assist the Chair in monthly agenda
planning sessions;
3.5.2.4 Assume the office of Chair and serve the remainder of any
unexpired term if the Chair vacates office prior to completing
his or her term, and in that event, facilitate the election
process at the Commission’s next regular meeting of a new
Vice Chair to similarly assume office for the remainder of any
unexpired term.
BYLAWS OF THE CITY OF KENT
PARKS AND RECREATION COMMISSION
Page 8 of 9 (01/12/18)
3.5.3 Chair Pro Tempore. The Chair may appoint a Chair Pro Tempore when
both the Chair and Vice-Chair are absent. While the Chair and Vice-Chair are absent,
the Chair Pro Tempore shall have the same authority and duties as the Chair. If the
Chair Pro Tempore has not been appointed or is otherwise absent or unavailable, the
longest serving Commissioner, either by consecutive or non-consecutive terms, shall
be deemed the acting Chair Pro Tempore. If two or more Commissioners qualify to
be acting Chair Pro Tempore, then the Secretary shall select, by lottery and in the
presence of two witnesses, one name from the names of the group of eligible
Commissioners, and the Commissioner whose name is selected to serve as the
acting Chair Pro Tempore.
3.5.4 Secretary. The Secretary of the Commission will be the staff member
appointed by the Mayor or the Director of Parks, Recreation, and Community
Services to assist the Commission. The Secretary is not a Commissioner and shall
have no voting rights. The Secretary shall perform the following duties:
3.5.4.1 Attend all Commission meetings and keep the Commission’s
minutes, including those of any meetings of any
subcommittees the Commission may form, which minutes
will be reviewed and adopted by the Commission at a
subsequent meeting;
3.5.4.2 Reproduce, distribute, and file with the City Clerk’s Office for
the city of Kent a copy of all minutes of Commission
meetings;
3.5.4.3 See that all notices of Commission meetings are given as
required by the Open Public Meetings Act, Ch. 42.30 RCW,
and these bylaws;
3.5.4.4 Serve as custodian of the Commission’s records and
responsible for retaining those records as required by state
retention schedules and producing those records as required
under the state Public Records Act, Ch. 42.56 RCW;
3.5.4.5 Maintain a list of the names, addresses, and contact
information for each Commissioner;
3.5.4.6 Perform all duties incident to the office of Secretary and such
other duties as from time to time may be assigned to him or
her by the Chair or Vice-Chair.
ARTICLE IV
General Provisions
4.1 Amendment of Bylaws. These bylaws may be amended or repealed and
new bylaws may be adopted only by the affirmative vote of a majority, plus one, of the
Commissioners. Such action shall be taken at any regular or special meeting of the
Commission.
BYLAWS OF THE CITY OF KENT
PARKS AND RECREATION COMMISSION
Page 9 of 9 (01/12/18)
The undersigned Secretary of the City of Kent Parks and Recreation Commission certifies by
signing below that the foregoing bylaws have been duly adopted by the members of the
Commission on the date noted below.
CITY OF KENT PARKS AND RECREATION
COMMISSION
Adopted this _____ day of ________, 2018
___________________________________
Secretary
(Print Name__________________________)
P:\Civil\Files\Open Files\1855-Parks Commission\Park and Rec Commission Bylaws Amendment-FINAL-2018_Amendments.docx
PARKS, RECREATION AND COMMUNITY SERVICES
Director Julie Parascondola, CPRP
Phone: 253-856-5100
Fax: 253-856-6050
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
TO: Kent City Council Parks and Human Services Committee
DATE: January 18, 2018
FROM: Julie Parascondola, Director
SUBJECT: Director’s Report – Information Only
MOTION: N/A
SUMMARY: Julie Parascondola, Director of the Parks, Recreation and Community
Services Department, will inform the committee of noteworthy information and
upcoming events.
EXHIBITS: N/A
BUDGET IMPACTS: N/A