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HomeMy WebLinkAboutCity Council Committees - Parks and Human Services Committee - 03/16/2017 (2)Unless otherwise noted, the Parks and Human Services Committee meets at 5 p.m. on the third Thursday of each month in Kent City Hall, Council Chambers East, 220 4th Ave S, Kent, 98032. For additional information please contact Teri Petrole at 253-856-5101 or via email at tpetrole@kentwa.gov. Any person requiring a disability accommodation should contact the City Clerk’s Office at 253- 856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 1-800-833-6388. Parks & Human Services Committee Meeting - Agenda Councilmembers: Brenda Fincher, Chair - Dennis Higgins - Tina Budell Julie Parascondola, CPRP, Director March 16, 2017 - 5:00 p.m. Item Description Action Speaker Time Page 1. Call to Order - Chair Fincher 01 - 2. Roll Call - Chair Fincher 01 - 3. Changes to the Agenda - Chair Fincher 01 - 4. Minutes dated February 16, 2017 - Approve YES Chair Fincher 01 01 5. 2017 City Art Plan and Five Year City Art Plan 2017-2021 - Recommend YES Ronda Billerbeck 10 05 6. Right of Way at 132nd Avenue Park Property - Recommend YES Drew Holcomb 10 17 7. Youth Sports Facilities Grant Agreement for the Futsal Court at West Fenwick Park - Recommend YES Brian Levenhagen 10 31 8. Agreement with MacLeod Reckord for Morrill Meadows Park Construction Documents - Recommend YES Hope Gibson 10 53 9. Grant Agreement with the Department of Commerce for the Morrill Meadows Park Renovation - Recommend YES Hope Gibson 15 83 10. Tobacco Use in Parks - Informational NO Julie Parascondola 40 113 11. Director's Report - Informational NO Julie Parascondola 10 139 CITY OF KENT PARKS AND HUMAN SERVICES COMMITTEE Summary Minutes of Regular Meeting February L6,2OL7 5:00 p.m. Kent City Hall Council Chambers East Kent, Washington PRESENTT Committee Chair, Brenda Fincher, Councilmembers Tina Budell and Dennis Higgins 1. Call to Order The meeting was called to order at 5:03 p.m. with Committee Chair Fincher presiding. 2. Roll Call All Councilmembers were present. 3. Changes to the Agenda Chair Fincher indicated there were no changes to the agenda. 4, Approval of Minutes. dated Januarv 19. 2O17 Councilmember Higgins moved to approve the minutes dated January L9,20L7 and Councilmember Budell seconded the motion. The motion passed unanimously by a vote of 3-0. 5. 2O17 Communitv Development Block Grant (CDBGì Annual Action PIan - Recommend Dinah Wilson, Human Services Planner explained that staff decided to wait to submit the report this year because of an increased work load and to be more in line with the budget approval by congress, The plan tells U,S. Department of Housing and Urban Development (HUD) and the community how the city will spend the estimated budget of $1,056,772, which is the same as last year. The exact budget amount won't be known until April/May. D, Wilson reported that there is not a lot of change from last year's plan. The city recommended a major portion of CDBG funds be used to support the city's Home Repair Program. This program serves many low-income, disabled and senior homeowners in Kent by providing needed repairs. The program also ensures that a portion of Kent's low/moderate-income housing stock is maintained and preserved. Two new programs being funded are the Coalition for Refugees from Burma and the Puget Sound Training (employment) Center. Page l1 Page 1 D. Wilson clarified that, in order to qualify for home repairs, you must complete an income eligibility test and meet the requirements and be a homeowner. To contact the Housing and Home Repair office for information, call 253-856-5070. D. Higgins noted that information on the Home Repair Program can be found by searching City of Kent home repair. He asked D. Wilson to return and report on the final funding amount. T. Budell moved to recommend Council approve the proposed Community Development Block Grant 2OL7 Annual Action Plan, including funding allocations and contingency plans, and authorize the Mayor to execute the appropriate certifications and agreements. D, Higgins seconded. The motion passed unanimously by a vote of 3-0, 6. 2O16 Consolidated Annual Performance Evaluation Report - Recommend D. Wilson explained that the 2OL6 Consolidated Annual Performance and Evaluation Report (CAPER) for the City of Kent is submitted to the U.S. Department of Housing and Urban Development (HUD). This is a an annual report required by HUD detailing the city's activities and accomplishments using Community Development Block Grant (CDBG) and other funds during 20L6. There was nothing out of the ordinary to report for 2Ot6. D. Higgins noted that, if the public would like to view the report, it is attached to the agenda packet located on the City Council website. D. Wilson added that all of the reports are located on the Human Services website as well. D. Higgins moved to recommend Council approve the 2016 Consolidated Annual Performance and Evaluation Report and authorize the Mayor to submit the report to the Department of Housing and Urban Development. T. Budell seconded. The motion passed unanimously by a vote of 3-0. First Amendment to the 2O15-2O19 Consolidated Plan for Housing and Community Development - Recommend D. Wilson reported that the 2015-2019 Community Development Block Grant (CDBG) Consolidated Plan for Housing and Community Development provides a framework for implementing housing, human services and community development activities from 20L5-20t9. D, Wilson explained that the plan is being amended to include a Citizen Participation Plan and'to specify what circumstances would constitute a substantial amendment of the Consolidated Plan and Annual Action Plan. Additionally, the attached Citizenship Participation Plan includes the city's Criteria for Investing in Capital Projects overview that was requested by the organizations that serve Kent residents. All changes to the amendment are open for public comment. Capital funded projects are listed by priority on page 103, 7 Page l2 Page 2 T. Budell moved to recommend Council approve the First Amendment to the 20L5-2OL9 CDBG Consolidated Plan for Housing and Community Development and authorize the Mayor to submit the amendment to the Department of Housing and Urban Development. Chair Fincher seconded. D. Higgins had to leave the meeting early, The motion passed unanimously by a vote of 2-0. D. Wilson then shared the list of organizations that are receiving Parallel Application Small Grants for 20L7-2018. These include very small organizations that don't have the capacity to compete for funding, Staff created an easier application process and the city dedicated $25,000 through the general fund. The Seattle Foundation was impressed with the program and offered matching funds. 8. 2O16 Fourth Ouarter Contributions Report - Informational Parks Director Julie Parascondola informed the committee that in the fourth quarter of 2016, the city received $25,688. A total of $155,475 was contributed in 2016. The funds include in-kind, sponsorships, cash and small grants that are less than $65,000 and don't require council acceptance. The list reflects a majority of contributors contacted by staff and many are returning donors. On behalf of the Parks and Recreation Department, J. Parascondola sincerely thanked every person and organization who donated. These contributions help to advance staff's efforts in social equity, health and wellness, cultural arts, and conservation. The city welcomes any amount of donation. To donate, contact the KentParksFoundation.org or contact any division in the Parks Department for assistance. 9. Director's Report - Information Onlv The Parks and Recreation Commission has an opening for a teen representative. The commitment is one meeting per month on the fourth Tuesday each month. Cultural staff and Arts Commissioners traveled to Olympia for the annual Arts and Heritage Day on February B to give updates on programming and to request continued state funding for the arts through the Washington State Arts Commission, On February 13, as part of the Washington Recreation and Parks Association Legislative Day, staff from Parks Administration, Park Operations and Parks Planning and Development went to Olympia to meet with legislators in the 1lth, 33rd and 47th Districts to request support for the $3 Million in capital funds for the Morrill Meadows/East Hill Parks Renovation project. Staff also lobbied for continued support for competitive grant programs: the Washington Wildlife and Recreation Grant and the Youth Athletic Facilities Grant. The Irish Rovers are performing on February 21 Page l3 Page 3 The International Guitar Night performance is February 25. Park Operations staff removed the aging stage at Kent Kherson Park. Parks Planning and Development staff is working on strategies and design on possible options for the site. The Senior Center is scheduled to close during the week of February 27 through March 3 for installation of new carpeting and tile. The Centennial Center parking garage glazing project has begun. 8. Adjournment Committee Chair Fincher declared the meeting adjourned at 5:36 p.m. Te,rv ?ettrol,e, Teri Petrole Parks and Human Services Council Committee Secretary Page l4 Page 4 KENT PARKS, RECREATION AND COMMUNITY SERVICES Julie Parascondola, CPRP, Director Phone:253-856-5100 Fax: 253-856-6050 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 WasHtNGroñ DATE: TO: FROM: SUBJECT: March t6,2Ot7 Kent City Council Parks and Human Services Committee Ronda Billerbeck, Cultural Programs Manager 2OL7 City Art Plan and Five Year City Art Plan 2OL7-2O2L - Recommend MOTION: Move to recommend Council approve the 2O17 City Art Plan and Five-Year Plan. SUMMARY: The attached City Art Plan details projects for 2OL7 and lists art expenditures planned for 2Ot7-2O2t as part of the Five-year Plan. The Visual Arts Committee worked with staff to craft the plan which was approved by Kent Arts Commission on February 7, 2OL7. Please review the attached document for details. EXHIBITS: t) 2OI7 City Art Plan and Five-year Plan. 2) Ordinance 2552 BUDGET IMPACT: City Art Budget Page 5 Page 6 CITY OF KENT Parks, Recreation & Community Services Kent Arts Commission 2017 ART PLAN FIVE YEAR CITY ART PLAN, 2077 - 2027 Ordinance 2552 Approved: Visual Arts Commi ffao ) 17 117 Kent Arts Commission 217/17 City Council Sub-Committee City Counci Page 7 CITY OF KENT Parks, Recreation & Community Services Kent Arts Commission 2OL7 CITY ART PIAN NEW PROJECTS 2017 Budget Community Art Project: Kent Creates 10,000 Portable Purchases: Summer Art Exhibit Purchase Program 15,000 Collection Maintenance and Proqramminq 15,000 Capital Proiect artwork(s) t Morrill Meadows and East Hill Park 50,000 Art Project: Utility Boxes (in collaboration with Police Department)10,000 Opportunity fund (capital projects, strategic art acquisition, economic development) 16,52O TOTAL 2017 BUDGET FOR 19026223.66500.4310 $116,520 OTHER EXPENSES Salary & Administration (supplies, professional services, maintenance/repair) $131,880 TOTAL 2OL7 BUDGET FOR 10006223.43IfJ $131,880 Totaf $2 / capita 124,2OO x 2 $248,4OO PREVIOUSTY APPROVED PROJ ECTS Community Art Project: Kent Creates ($3,300 left from 2016)3,300 Capital Project artwork: Morrill Meadows/East Hill Park ($7O,000 carried over from 2016 70,000 Capital Project artwork: Kent Valley Loop Trail ($4,431 left from 2013, $40,000 approved in 2074)44,437 Collection Maintenance/Programming ($42,868 carried over from 2016)42,868 Opportunity fund ($138,435 carried over from 2016)138,435 Subtotal $299,O34 2 TOTAL 2fJ17 Anticipated Expenditures +s47 A34 Page 8 KENT ARTS COMMISSION 2OL7 CITY ART PLAN NARRATIVE Project Title: Community Project Artwork: Kent Creates Project Description; Kent Creates, a web platform for sharing art, culture, and creative endeavors, was launched in fall of 2016. The project fosters inclusiveness by highlighting the talent and creativity of the Kent community. Participants upload projects to an automated website. Submissions are reviewed and published on a quarterly basis, with selected projects receiving an honorarium. Projects can fall within the traditional arts (poetry, painting, music); the community arts (culinary arts, fiber arts, metal arts); and the unexpected. Participants submit a description of their project that will provide information and inspire other Kent residents to get creative, The Inaugural Exhibit received submissions from 48 artists on an invitation basis to generate content and test the platform. The first exhibit of 2017 will focus on the theme of "home" and be promoted to a broader public. Estimated Costs:$13,300 ($5,000 for honorariums, $3,000 for maintenance and hosting, $3,000 for promotion, $2,300 contingency/additiona I exh i bits) Funding Source 2OL7 City Art Plan: $10,000 2016 City Art Plan Carry Over: $3,300 City Partner:Information Technology Background: Nationally, arts organizations are changing how they interact with the community. Traditionally, we have been presenters but now we also want to provide platforms for collaboration. Kent Creates is a prototype project that will allow the people who live, work and play in Kent to share their creativity with one another. Location: Online Project Title: Summer Art Exhibit Purchase Program Project Description: Purchase quality artworks from area artists that enhance the value of the City Portable Art collection, The artworks are exhibited in publicly accessible areas of City facilities, helping to beautify Kent. Budget for artwork purchases ensures high quality of applicants to the Summer Art Exhibit and allows for more strategic purchases. For example, the collection currently needs larger pieces. Estimated Costs:$15,000 2Ot6 City Art Plan: $15,000 Facilities Funding Source: City Partner: Background: The City of Kent Arts Commission collection of portable artwork includes a variety of two-dimensional artworks. Artwork is acquired through the Kent Summer Art Exhibit 3 Page 9 purchase award program. The portable collection introduces art into areas where the community does business. A work environment that includes amenities such as art has been shown to increase productivity and job satisfaction, but the primary purpose is serving the public. Location: City of Kent facilities Project Title: Collection Maintenance and Programming Project Description: Projects include outdoor sculpture maintenance and collection repair, helping to sustain existing assets. Projects in 2OL7 will include replacement of Produce Truck Weathervane at Chestnut Ridge Park (Peter Reiquam,2O0L), repair and repainting of Railroad Yard mural atTitus Railroad Park (Mary Iverson,2006); assessment of Daily Migrationtrain corridor sculptures (Dos Remedios, 2005); and various repair and maintenance projects, Estimated Costs:$57,868 Funding Source 20L7 City Art Plan: $15,000 20L6 City Art Plan Carry Over: $42,868 Backgroundr This fund may be used for maintaining and providing programming forexisting artworks. Project Title: Capital Project Artwork(s): East Hill Park and Morrill Meadows Park Project Description: The Parks Department plans to renovate Morrill Meadows Park in conjunction with the development of the adjacent YMCA. Kent Arts Commission will work with Parks Planning and Development to identify and implement new art projects for the YMCA site/former East Hill Park and/or Morrill Meadows Parks. Work will include assessment of Water (Barbara Grygutis, 1993), and either re-siting or replacing the sculpture. New work will be commissioned for the site - the focus will be on artist-designed Parcourse elements that will serve as both aesthetic sculptures to be enjoyed passively, and functional, fitness equipment for active participation. Estimated Costs:$120,000 Funding Source 20L7 City Art Plan: $50,000 2OL6 City Art Plant Carry Over: $70,000 City Partner:Parks Planning and Development Background: The City of Kent and the YMCA are collaborating on a project to build a new YMCA facility on the East Hill Park site. As part of that project the YMCA and Morrill Meadows Park will be designed to complement one another, to create a YMCA facility at a community park. The recreational value lost at the former East Hill Park site will be replaced with new and improved recreational amenities at Morrill Meadows Park. 4 Location(s): Morrill Meadows andlor East Hill Park Page 10 Project Title: Utility Boxes Project Description: The Police Department approached Kent Arts Commission staff about partnering on a project to wrap utility/signal boxes with artwork (printed on vinyl) to deter graffiti. The Kent Arts Commission will develop and issue calls to artists, as well as manage artist selection and contracts, for two to three boxes annually. The Police Department will select boxes/locations, provide specifications for the boxes, and obtain necessary permits and/or approvals. Estimated Costs: $15,000 Funding Source: 2017 City Art Plan: $10,000 ECD funding: $5,000 City Partner: Police Development, Economic Dev, Background: Many cities are using vinyl artwork wraps on utility/signal boxes to beautify their communities and to defer graffiti. Local examples are Shoreline and Federal Way. Location(s) : Varied/TBD Project Title: Opportunity fund (capital projects, strategic art acquisition, economic development implementation) Project Description: Identify and implement art project(s) to address City and community goals. This funding allows the Arts Commission to incorporate significant artwork into capital projects, acquire artwork for specific locations or needs, and contribute artwork to implementation of the City of Kent Economic Development Plan. Possibilities include projects as part of the "Meet Me on Meeker" improvements, a project to make one of three Highway 167 underpasses more inviting (Willis, Meeker, James), other gateway projects, partnerships with Economic Development, and acquiring art work to strategically build the City's collection. Estimated Costs $154,955 Fundinq Source:20L7 City Art Plan: $L6,52O 2OL6 City Art Plan Carry Over: $138,435 City Partner:Economic Development, Parks Planning and Development Background: Kent Arts Commission staff continues on-going discussions with Economic Development staff about ways to partner and use art to achieve community Economic Development goals. The Kent Downtown Partnership has a renewed interest in incorporating more art in downtown Kent, providing more potential partnership opportunities. In 20t4, acclaimed Kent artist Danny Pierce died, as did his wife Julia; there are potentially opportunities to acquire and keep significant pieces of Danny's art in Kent. 5 Location(s): TBD Page 11 PREVIOUSLY APPROVED PROJ ECTS Project Title: Capital Project Artwork(s): Kent Valley Loop Trail Project Description: Parks Department plans to create a KentValley Loop Trail system overthe coming years. This system of varying length trails along the Green River will link Riverview Park (yet to be constructed), Foster Park, Van Doren's Landing, and Boeing Rock. The Kent Arts Commission plans to set aside City Art Plan money for the next several years to enable us to commission major artwork(s) as part of the Kent Valley Loop Trail when it becomes a reality. Parks Planning and Development contracted with Berger Partnership to develop a Master Plan for the project in 2013. Through a competitive selection process, the Kent Arts Commission selected Ellen Sollod to serve as the artist representative on the master planning team and to create an art plan for the Kent Valley Loop Trail. Ms. Sollod identified and recommended several projects as a cost effective approach to maximizing the impact of the public art program's resources over the coming years. The Kent Arts Commission will determine the priority and ordering of projects based on Parks Department plans for trail improvements. Potential projects: -"Finding One's Way" - A system of artist designed trail markings, interpretive signs. ($11,000) -"Sightings and Soundingsu - A photographer and sound artist would be commissioned to create a sensory experience that complements and enhances the trail. The product would be available on-line, as a "print on-demand" book/CD, and potentially through an exhibit. ($22,000) -"Temporary Interventions" - Projects to draw attention and people to the trails. ($20,000) Estimated Costs $40,000 Fundinq Source 2013 and 2014 City Art Plan City Partner: Parks Planning and Development Background: The vision for the Kent Valley Loop Trail is to enhance recreation opportunities at Kent's river-front parks and along the Green River Trail that connects them. Integrating public art throughout the trail and parks will enrich trail and park users' experience and provide a cultural tourism draw. Location: Kent Valley Loop Trail/parks along Green River b Page 12 KENTARTS COMMISSION CITYART 5 YEAR PLAN: 2OL7 - 2O2L 2017 PROJECTS cosTs Projects Community Art Project: Kent Creates Portable Collection Purchases Capital Project Artwork(s): Morrill Meadows/East Hill Art Project: Utility boxes Opportunity fund (capital projects, strateg¡c acquisition, economic development) Collection maintenance and programming Admi n istration/Mai ntenance Total 2018 PROJECTS 116,520 10,000 15,000 50,000 10,000 76,52O 15,000 13 1,880 $248,4OO cosrs Projects Capital Project artwork(s): Kent Valley Loop Trail or Van Doren's Landing Portable Collection Purchases Kent Creates Opportunity fund (capital projects, strategic acquisition, economic development) Collection maintenance and programming Administration/Maintenance Total 2019 PROJECTS 116,4OO 50,000 15,000 10,000 27,400 20,000 132.OOO i248AOO cosTs Projects Capital Project artwork(s): Van Doren's Landing Opportunity fund (capital projects, strategic acquisition, economic development) Portable Col lection Purchases Kent Creates Collection maintenance and programming Ad m i n istrati onlMa i ntena nce Total 2O2O PROJECTS tL4AOO 50,000 2r,4OO 15,000 10,000 18,000 134.OOO $248,4OO cosrs Projects Capital Project artwork(s): Van Doren's Landing Opportunity fund (capital projects, strategic acquisition, economic development) Portable Col lection Purchases Kent Creates Collection maintenance and programming Ad m i n istrati onlMa i ntena nce Total 2021 PRO_TECTS tt2t4oo 50,000 25,000 15,000 12,000 10,400 136.OOO $248,400 cosTs Projects Opportunity fund (capital projects, strategic acquisition, economic development) Portable Collection Purchases Kent Creates Collection maintenance and programming Ad mi nistration/Mai ntenance Total 110,400 70,000 15,000 12,000 13,400 138,OOO i248AOO 7 Page 13 Chapter 4.04 ART PROGRAM Sections: 4.04.010 Established. 4.04.O2O Art account created. 4.04.030 Guidelines and procedures. 4.04.010 Established. A. The city art fund may be used for all costs for works of art, administrative costs of the city art program, and all costs of installation and maintenance. B. The city arts commission shall recommend the amount to be made available for the purchase of art, in consultation with city staff. The designation of projects and sites, selection, contracting, purchase, commissioning, review of design, execution and placement, acceptance, maintenance, sale, exchange, or disposition of works of art shall be recommended by the arts commission and staff, for approval by the city council, in accordance with the city art program guidelines. C. All works of art purchased and commissioned under the city art program shall become a part of a city art collection, The city art collection shall be developed, administered and operated by the arts commission with cooperation and support of the parks and recreation department staff. D. The works of art may be placed on public lands, integrated with or attached to a public building or structure, detached within or outside a public building or structure, or part of a portable collection or exhibit. E, Nothing in this chapter shall limit the amount of money the city may expend for a rt. (Ord. No. 2552, $ 1. Formerly Code 1986, S 2.35.020) 4.04.O20 Art account created. There is hereby established a city art account. Monies for the fund shall be received from: 1. Annual city budget. Two dollars ($2) per budget year for each city resident, based upon population data certified by the State Office of Financial Management. Budgeted, but unspent funds shall be maintained in the art fund, and carried forward at the end of each budget year. 2. Gifts, donations and grants. Private or public gifts, endowments, donations, bequests or other grants. 3, Other. Such other sources as may be available. (Ord. No. 2552, $ 1, Formerly Code 1986, 5 2.35.010) Cross reference(s) - Specific funds, ch. 3.40, 4.04.030 Guidelines and procedures. Page 14 A. Upon consultation with the city arts commission, guidelines and procedures shall be prepared by staff for the implementation of the city art program. Such guidelines and procedures shall be reviewed by the city arts commission annually, and recommendations shall be made to the city council for approval. B. A city art plan including a schedule and budget for all city art program projects shall be prepared and updated annually by the city arts commission and city parks and recreation department staff. The city art plan shall be reviewed and approved annually by the city council. (Ord. No. 2552, $ 1. Formerly Code 1986, S 2.35.030) Page 15 Page 16 KENT PUBLIC WORKS DEPARTMENT Timothy J LaPorte P.E,, Public Works Director Phone; 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 WASHINGTON DATE: TO: FROM: SUBJECT¡ March 16,20t7 Parks and Human Services Committee Drew Holcomb, Public Works Department Project Engineer Right of Way at 132nd Ave Park Property - Recommend MOTIONT Move to recommend Council to authorize the Mayor to sign the Municipal Quit Claim Deed to dedicate the east 27' of the Future 132nd Ave Neighborhood Park as Public Right of Way, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: The l32nd Ave Pedestrian Improvement project will be constructing a pedestrian path along the west side of 132nd Ave SE from SE 24}rh St to SE 282nd St, which includes frontage along the Future 132nd Ave Neighborhood Park. The right of way (ROW) in front of the park property is only 20' wide. Additional ROW is needed in order to construct the walkway within the ROW. This walkway will provide a continuous safe walking route to the Wilson Play Fields from adjacent neighborhoods. The Transportation Master Plan identifies multiple projects that would widen 132nd Ave SE to 5 lanes including curb, gutter, sidewalks and bicycle lanes which will require 47' of ROW along each side of the roadway, This Quit Claim Deed will dedicate the East 27' of the property as ROW which will allow for future construction of the full S-lane roadway. EXHIBIT: 1) Copy of PowerPoint slides 2) Quit Claim Deed BUDGET IMPACT: N/A Page 17 Page 18 u.oLr¡:I¡l.tË l-=t¡ ¡g l Page 19 o a Project Scope Construct a continuous pedestrian facility along the west side of r3znd Ave SE from z4oth St to the southern City limits (SE zSznd St). The first phase will be constructed in zo17 and will cornplete the missing sections of the westerly sidewalk fromz4Sth to zTznd (I(ent Kangley Rd). Page 20 "_ , ì \ f cl , si r$ , v :' : l r d Fl sê "' 1 g . r : ; ; g t 1r th v t Y -. , , t ' i * l ?¿ 1 t ( ' ' ;i a ll ¡ r . 9 ; ¡-Il l b ! 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' Ï Þù " +$,J l tâØ 0lE6€fttñ t/ ,O)E @ç{t t .gx o Þt€{aglÍËg F- l 6Ðdlt , tE t t l l t Í ] "l r o -8 , - , \. f ll .* ;' l Í t *r E ¡ì 84 t h Av r ' S rr ¡ f rl è .1 pU . { r e ¡ t , , y | ! 1ó l h ,' ü r ! : i 'l ì ê : l ¡. ! r 5 cö¡ 'cso 5*vt g -æNã 5 'ó ) !';r 64 f r -ç I tqIB .&a.c,ol€åßo {(¡Ëq, r^ L t) .t (o It t Þ ¡ j Ct ã06(,v,àGoEû, u¡ r¡ ¡ d .ÍÄæ¡lxt o cßhìr E(aØ at€s:& @ o(l t ¡*G'ou, gf ì i l l Ìr i 3 '. ' - ' ' l D . o r3 ì tl / 1E ?& l h Ar e ! Pg Bü l ; þ ?8 l h ¡1 ' ; t f Page 21 I åaÂ1,¡T sÐ0s pa eti F?oIcI LG¡þî t ¡f,8t! \ ¡¡r} fd$fr. * Proposed Flaehing Pedestrhn Crossing Beacon . :,.',:.,'...- p¡epqsed Wa llway lmproveme nts -Exßl¡ngWalkway Cþrt( Lake ¡¡¡ at, o Eg ñt€.. SE 256rh,St cl"Âir\ ;,{KF Pi¡ T¡, i1 ,s-iiì!i¡:. a [ ÀRXET AT <C!1¡\- CRâËK lÅ \tr:t \'i:f,i _... F.¿R( r¡J tOo t ilf.{{,,1Âli iÅsT i| 3GË 'I!sînï:5 fåt¡. :l ,l 1::r¡C' År¡: 5å âÀ1,<;_i"fi¡ìE: rdËÊrD ¿¡¡ i¡ERlDiÅü:. --r¡{i l\*R lü r¡\il :ARKSE Zt2nd St {SE ''u at, 13?tiÐ ÅyÉ sn o cLaÞcìÈre aÊliT*l r.€.lx0t4tì .ir*tl:ÅRn rt!t ilir n ri {tl, ljl-r t,':'¡ i Ail 1! æ6 6C0 f,rm ¡EFIlElr* - Pro.lect Extents Proposed l32nd Ave SE Sidewal k lmprovements Project 2017 Phasel flüËd üi 1!:rù Page 22 il i Page 23 L32nd Ave SE s¡ewa 248th St to l(ent Kangley Rd. Project Funding Project Cost Estimate: gr.2 million City Funds o No fundittg is required from Parks Department . Street Fund Contribution: $7o5,ooo . Mitigation Funds: #zr,1¡go Grants Transportation l*provement Board : fi4ß,T84a Page 24 , g Page 25 1J?NÐ A\€ TUTUR' NEIGHBORi.iOOO PÂRK CITY OÊ KÊNT TAX lD: 2E22059023 PW 2016*015 srcHr oF vâY Acou¡srrìeN lçln frPOClA¡dT' ll{lS IS l{t¡ A S.RVÍY. fr ItÊtl¡l¡¡¡r€! AS A Cû{VÊ¡¡l[.ri¡CE T0 LOCaf[ t¡f LAN! IXDICâTE! }€i€I}T VITH REFERIICÊ fNsm[ETs Afi! otre3 L[t!. rú L¡at¡!¡ty ¡s ASSTiED lY RaASt¡ fr f€l-iâttÊ !€t€û¡¡ trlS âç R nET€CüNffi PA¡T1l; & ¡*a¡æ:t Ë ä ¡¡t ãFf ¿Oll-Ol5 u/ Ft îÆ ñc{T çn? - t:ttt so Fr tx UÈ P e x x â c¡ÎY OF Ke¡i?ülmú æffi¡r DÊED Page 26 WHEN RECORDED RETURN TO: City of Kent 220 Fourth Avenue South Kent, Washington 98032 Attn: Engineering/Public Works Dept. Grantor: City of Kent Granteel City of Kent Abbreviated Legal Descriptionl ptn of south half east half north half of NE V¿ ol SEY* of S 28 T 22 N, Rg 5 E.W.M. Additional Legal Description on Exhibit A of Document. Assessor's Tax Parcel ID No' 2822059023 MUNICIPAL QUIT CLAIM DEED GRANTOR: By Its Suzette ke M r Municipal Quit Claim Deed Page 1 The City of Kent, a Washington municipal corporation ("Grantort, for and in consideration of mutual benefits ãerived and other valuable consideration, receipt of which is hereby acknowledged by Grantor, conveys and quit claims to the City of Kent, a Waihington münicipal corporation ("Grantee"), for .right-of-way prrposeé, all its intérest, including any after acquired title, in the following described real property situated in King County, Washington: SEE EXHIBIT *'4" ATTACHED Page 27 STATE OF WASHINGTON )) ss. couNw oF KING ) I certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such pafty for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Wlthin Th¡s Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment exPires APPROVED AS TO FORM: Name:- Kent City Attorney plCiv¡l$oms\|Qui¡ Clsim Dced-ÊOw Dçdic0t¡o¡.Kqt lo Ksnt.doc Municipal Quit Claim Deed Page 2 Page 28 EXHIBIT- TAX LOT 2822Q59023 RIGHT OF WAY AQUISITION THAT PORTION LYING EASTERLY OF THE WEST LINE OF THE EAST 47.00 FEET OF THE FOLLOWING DESCRIBED PARCEL "A"; PARCEL "A" THE SOUTH HALF OF THE EAST HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M. IN KING COUNTY WASHINGTON; EXCEPT THE SOUTH 2O.OO FEET OF THE WEST 214.95 FEET AND THE SOUTH 2O.OO FEET OF THE EAST 158.11 FEET OF SAID SOUTH HALF; EXCEPT THAT PORTION THEREOF FOR 132ND AVENUE SOUTHEAST CONTAINING 8,376 SQUARE FEET, MORE OR LESS '3 /,? /¿ol 1 Page 29 Page 30 KENT PARKS, RECREATION AND COMMUNITY SERVICES Julie Parascondola, CPRP, Director Phone: 253-856-5 100 Fax: 253-856-6050 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 'JV.$HrilÕtOk DATE: FROM: TO March L6,2OL7 Kent City Council Parks and Human Services Committee Brian Levenhagen, Park Planner SUBJECT:Youth Sports Facilities Grant Agreement for the Futsal Court at West Fenwick Park - Recommend MOTION: Move to recommend council authorize the mayor to sign a grant agreement with King County to accept the Youth Sports Facilities Grant funds for $75'OOO to help fund the installation of a Futsal court at West Fenwick Park, subject to final terms and conditions acceptable to the parks director and city attorney. SUMMARY: As part of the upcoming West Fenwick Park renovation scheduled for 2018 parks is installing a multi-use futsal court. In June 2OL6, Parks staff applied for $75,000 in King County Youth Sports Facilities Grant funds to help pay for a new ADA-compliant futsal court. The application was approved and these funds were awarded in response. "Futsal" is a popular form of soccer that requires less space and fewer players, but is a great skill builder. At West Fenwick Park, users routinely paint their own soccer lines out on the unirrigated playfield and use their own makeshift goals. The futsal court is anticipated to be available for drop-in use dawn to dusk, year round. This will be the first Futsal court in Kent, with plans to add more if this one proves to be a success. We expect that soccer will be the main use of this facility but we also hope that kids will utilize the enclosed, safe, playable space to play any sport they can imagine. EXHIBITST Youth Sport Facilities Grant Agreement BUDGET IMPACTS: Revenue and Expense will impact the West Fenwick Park Renovation Budget. Page 31 Page 32 tf, KinsCounty YSFG AGREEMENT Department/Division:Natural Resources and Parks I Parks and Recreation Division Kent Parks West Fenwick Futsal Court Agency: Project Title: Amount: Term Period: $ 75,000 . Project:1131259 Contract: 5917135 January I ,2017 To December 31,2018 THIS CONTRACT is entered into by KING couNTy (the "county"), and Kent Parks (theooAgency"), whose address is 220 4thAve S^ Kent. WA 9 8032 . WHEREAS, the Agency is either a public agency or a non-prof,rt organization whose land or facility will provide recreational or athletic opportunities primarily to youth under 21 years of age; WHEREAS, King County has selected the identified Agency to be awarded a Youth Sports Facilities Grant to assist in capital improvements for increased recreational opportunities; WHEREAS, the Agency andlcr landowner whose property will receive these improvements will develop, program, operate, and maintain the facility to address a recreation need in King County; and WHEREAS, King County is authorized to administers the Youth Sports Facilities Grant (YSFG) and enter into agreements for the use of King County funds by public agencies and/or not-for-profit organizations to provide a service to the public under King County Ordinance 10454; NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: 1. SCOPE OF SERVICES The Agency shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits, which are incorporated herein by reference: x Scope of Services Attached hereto as Exhibit I X Budget Attached hereto as Exhibit II X Invoice Voucher Attached hereto as Exhibit III X Reporting Attached hereto as Exhibit IV X Design Documents Attached hereto as Exhibit V X Insurance Certificate Attached hereto as Exhibit VI X w-9 Attached hereto as Exhibit VII Page 33 )CONTRACT This Agreement shall coÍtmence on January 1. 2017, and shall expire on the December 31. 2418, unless extended or earlier terminated, pursuant to the terms and conditions of this Agreement J PREMISES This grant project is located at: West Fenwick park, Kent Commonly known as {West Fenwick Park, Kent}, and referred to herein as "the Premises." 4, PARTIES All communication, notices, coordination, and other tenets of this Agreement shall be' managed by: On behalf of County: Butch Lovelace, YSFG Program Manager King County Parks and Recreation Division 201 South Jackson Street, Suite 700 Seattle, WA 98104-3855 Email : butch. I ovelace@kngcounty. gov Phone: 206.477.4577 On behalf of Aeency: Brian Levenhagen Kent Parks 220 4thAve S Kent, WA 98032 253-856-5r16 bj levenhagen@kentwa. gov C()MPENSôIIJON AND METHOD OF PAYMENT A. The County shall reimburse the Agency for satisfactory completion of the services and requirements specified in this Agreement after the Agency submits an invoice and all accompanying reports as specified in the attached exhibits. The County will initiate authorization for payment after approval of corrected invoices and reports. The County shall make payment to the Agency not more than thirty (30) days after a complete and accurate invoice is received. B. The Agency shall submit its final invoice and all outstanding reports within fifteen (15) days of the date this Agreement expires or is terminated. If the Agency's final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice. 5 6. OPERATING BUDGET Page 34 7 When a budget is attached hereto as Exhibit II, the Agency shall apply the funds received from the County under this Agreement in accordance with said budget. If, at any time during the Term of this Agreement, the Agency expects that the cumulative amount of hansfers among the budget categories, i.e. Project Tasks, may exceed ten percent (10%) of the Agreement amount, then the Agency shall request an amendment to this Agreement. Supporting documents necessary to explain fulty the nature and purpose of the amendment must accompany each request for an amendment. County approval ıf aoy such amendment shall not be unreasonably withheld. COMMUMCATION The Agency shall recognize King County Parks as a fiscal sponsor for the grant project in the following manner: A. Plaque: At the time of project completion or dedication, whichever comes first, the Agency shall install on or near the facilþ a plaque provided by the County that notes King County as a fiscal sponsor. B. Events: The Agency shall invite and recognize King County Parks at all events promoting the project during construction, and at the final project dedication. C. Community relations: The Agency shall recognize King County Parks as a fiscal sponsor in all social media, websites, brochures, banners, posters, press releases, and other promotional material related to the Project. PRIORITY OF USE: PUBLIC ACCESS: SCTIEDULING These funds are provided for the purpose of developing, renovating or repairing sports facilities primarily serving persons under 21 years of age in low and moãerate inıome communities within King County. The Agency shall give priority of use to persons under the age of twenty-one. Fees for use of the project shall be no greater than those generally charged by public operators of similar facilities in King County. Notwithstanding temporary closure for required maintenance or repairs, the minimum period of time the Agency must ensure the facility is available for use is set forth in the table below. If the facility is retired or otherwise removed from use before the end of the specified period, then the Agency shall reimburse the Cowrty's firnding on a pro rata basis, determined by dividing the number of years of lost public use by the total years of required dedication, multiplied by the total County gtant amount. By way of example only, if the County makes a $10,000 grant to Agency X, then the Agency's project must be dedicated to public use including priority of use by youth for a minimum of 5 years. If Agency X eliminates public access to the project after 3 years, such that 2 years of public access and youth priority are lost, then Agency X must repay the County $4,000 (Zl5 * 10,000 = $4,000). Grant Amount Required PublÍc Use & Youth Priority (in years) $14,999 Five (5) $15,000 -g2g,ggg Eight (8) $30,000 - $49,999 Twelve (12) $50,000 - $75,000 Fifteen (15) 8 Page 35 I If the completed project is subject to scheduling or reservation for use, then the Agency shallpost the use schedule and the Agency's scheduling or reservation policies, praótices, and inforrration in a highly visible location near the project and/or on their website; and the Agency shall permit the public to schedule or reserve use of the completed project consistent with the requirements of this Section. The Agency's duties under this Section will survive the expiration or earlier termination of this Agreement. GREEN BUILDING AND SUSTAINABLE DEVELOPMENT King County is committed to promoting and using green building practices in construction projects. Though not required, King County strongly enco*r.ag"s practices that conserve resources' use recycled content materials, maximize energy efficienc¡ and otherwise consider environmental, economic and social benefits in the design and construction of a building project. 10. IN]ERNAL CONTROL AND ACCOTINTING SYSTEM The Agency shall establish and maintain a system of accounting and internal conhols which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards in accordance with Reviìed Code oi IVashington (RCW) Chapter 40.14. 11. MAINTENANCE OF RECORDS A. The Agency shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemeà oır.ruury by thé County to ensure proper accounting for all Agreement funds and compliance with this Agreement B' These records shall be maintained for a period of six (6) years after the expiration or earlier termination of this Agreement unless pennission to destroy them is granted by the ofüce of the Archivist in accordance with RCw chapter 40.14. C. The Agency shall inforrn the County in writing of the location, if different from the Agency address listed on page one of this Agreement, of the aforesaid books, records, documents, and other evidence and shall notiff the County in writing of any changes in location within ten (10) working days of any such relocation. T2. RIGHT TO INSPECT King County reserves the right to review and approve the performance of Agency with regard to this Agreement, and, at its sole discretion, to inspect or audit the Agency'siecords pgutãirrg this Agreement and the Project upon reasonable notice during oo*ul buriness hours. COMPLIANCE WITTT ALL LA}VS AND REGULATIONS The Agency, in cooperation and agreement with the owners of the Premises, shalt comply with all applicable laws, ordinances and regulations in using funds provided by the Co.rnty, including, without limitation, those relating to providing ã safe ùorking environment to employees and, specifically, the requirements of the Washington Industrial Suf.ry and Health Act (WISHA); and, t-o the extent applicable, those related to "public works,', payment of prevailing \ryages, and competitive bidding of contracts. The Agincy specificalþ âgrees to comply and pay all costs associated with achieving such compliance withıut notice frJm King 13 Page 36 County; and fi¡rther agrees that King County, does not waive this Section by giving notice of demand for compliance in any instance. The Agency shall indemnit and defend the County should it be sued or made the subject bf an administrative investigation or hearing for a violation of such laws related to this Agreement. 14. CORREqTTVE ACTION A. If the County detemrines that a breach of contract has occu¡red or does not approve of the Agency's perfonnance, it will give the Agency written notification of unacceptable perforrnance. The Agency will then take corrective action within a reasonable period of time, as may be defined by King County in its sole discretion in its written notification to the Agency. B' The County may withhold any payment owed the Agency until the County is satisfied that corrective action has been taken or completed. 15. TERMINATION ^-t" *,-ry -ay terminate this Agreement in whole or in part, with or without cause, at any time during the Terrn of this Agreement, by providing the Agency ten (10) days advance written notice of the termination. B. If the termination results frorn acts or omissions of the Agency, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Agency shall retum to the Cotrnty immediately any funds, misappropriated or unexpended, which have been paid to the Agency by thg County. C. Any King County obligations under this Agreement beyond the current appropriation year a¡e conditioned upon the County Council's appropriation of suffrcient n n¿s to support such obligations. If the Council does not approve such appropriation, then this Agreernent will terminate automatically at the close of the current appropriation year. 16. FU'TURE SUPPORT: UTILITIES AND SERVICE The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted for herein except as expressly set forth in this Agreement. The Agency understands, acknowledges, and agreis that the County shall not be liable to pay for or to provide any utilities or services in connection with the construction, operation, maintenance, or use of the project contemplated herein. 17. FIOLD HARMLES$.AND INDEMNI¡'ICATTON The Agency agrees for itself, its successors, and assigns, to defend, indemnifu, and hold harmless King County, its appointed and elected officials, and employees from and against liability for all elaims, demands, suits, and judgments, including costs of defense thereof, for injury to persons, death, or property daurage which is caused by, arises out of, or is incidental to any use of or occwrence on the Project that is the subject of this Agreement, or the Agency's exercise of rights and privileges granted by this Agreement, except to the extent of the County's sole negligence. The Agency's obligations under this Section shall include: A. The duty to promptly accept tender of defense and provide defense to the County at the Agency's own expsnse; Page 37 B. Indemnification of claims made by the Agency's employees or agents; and C. Waiver of the Agency's immunity under the industrial insurance provisions of Title 5l RCW, but only to the extent necessary to indemnify King County, which waiver has been mutually negotiated by the parties. In the event it is necessary for the County to incur attorney's fees, legal expenses or other costs to enforcç the provisions of this Section, all such fees, expenses and costs shall be recoverable from the Agency. In the event it is determined that RCW 4.24.115 applies to this Agreemen! the Agency agrees to protect, defend, indenniff and save the County, its officers, offrcials, employees anâ alents from any and all claims, demands, suits, penalties, losses darnages judgments, or costs of *y kind whatsoever for bodily injury to persons or damage to property (hereinafter "claims',j, arising out of or in any way resulting from the Agency's officers, employees, agents and/or subcontractors of all tiers, acts or omissions, performance of failure to perform the rights and privileges granted under this Agreement, to the manimrun extent pe^rmitted by law or as defined by RCW 4.24.115, as now enacted or hereafter amended. A hold hannless provision to protêct King County similar to this provision shall be included in all Agreements or subcontractor Agreements entered into by Agency in conjunction with this Agreement. The Agency's duties under this Section will survive the expiratÍon or earlier termination of this Agreement. I8. INST-IRANCE A. Liability Insu¡ance Requirements. Notwithstanding any other provision within this Agreement, the Agency and it subcontractors shall procure and maintain coverage and limits for no less than the following: 1. Commercial General Liability. lnsurance Service 'ooccurrence" form CG 00 0l (current edition), to include Products-Completed Operations, insurance against claims for iduries to persons or damages to property that may arise from or in connection with activities under this Agreement. The insurance coverage shall be no less than One Million Ðollars ($1,000,000) combined single limit per occunence, and Two Million Dollars ($2,000,000) in the aggregate. 2. Automobile LiabiliQ. If activities require vehicle usage.Insurance Services form number CA 00 01 (cturent edition), covering BUSINESS AUTO COVERAGE, Symbol I "any auto". If the grant includes the use of automobiles, ttre Limit oi Liability shall be no less than One Million Dollars ($1,000,000) per occunence. 3. Workers ComBepsation/Stop Gap. If the recipíent or its contractor(s) has/høve employees. Statutory 'Workers Compensation coverage and Stop Gap Liability for a limit no less than one Million Dollars ($1,000,000) per occlrrence. 4. Professional Liabilitv. If the grant includes the use of Prafessional Services. Professional Liability coverage shall be no less than One Million Dolla¡s ($1,000,000) per claim and in the aggregate. B. If the grant involves the constuction of a capital project or involves the purchase of equipment greater than Five Thousand ($5,000) in value, the Agency shall provide "All Risk" Builders Risk or Property coverage for the full replacement value of the Page 38 projeclproperty built/pu¡chased. King County shall be listed as an additional Loss payee as our interests may appear. C. King County and its officers, offîcials, employees and agents shall be covered as additional insured on Agency's and its contractor(s') commercial general liability insurance and, if applicable, commercial auto liability inswance, with respect to liability arising out of activities performed by the Agency and its contractors. Additional hrsured status shall include Products-Completed Operations. D. To the extent of the Agency's or its contractor's negligence, their insurance respectively shall be primary insurance with respect to the County, its offrcers, employees and agents. Any insurance or self-insurance maintained by the County, and its officers, offrcials, employees or agents shall not be subjected to contribution in favor of the Agency or its contractors insurance, and shall not beneht either in any way. The Agency's and its contractors' insulance shall apply separately to each insured against whom a claim is made or a lawsuit is brought, subject to the limits of the insurer's liabilþ. E. Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except by the reduction of the applicable aggregate limit by claims paid, until after thirty (30) days' prior written notice has been given to and change in coverage accepted by King County. The inswance provider must be licenscd to do business in the State of Washington and maintain a Best's rating of no less than A-VIII. Within five (5) business days of County's request, Agency must provide a Certificate of Insurance and Additional tnsured Endorsement(s) (CG 20 10 l1lS5 or its equivalent) to the County. The Agency shall be responsible for the maintenance of their contractors' insurance docurnentation. G. If the Agency is a mwricipal corporation or an agency of the St¿te of Washington and is selÊinsured for any of the above insurance requirements, a certification of selÊinsurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this Section. H. The Agency's duties under this Section shall survive the expiration or earlier termination of this Agreement. The Agency understands, acknowledges and agrees that for the relevant period of public use set forth in Section 8, the Agency shall maintain insurance and name the County as an additional insured, all of which shall be consistent with the requirements of this Section. L 19. ANTI-DISCRIMINATION King County Code chapters 12.16, 12.17 through 12.1S apply to this Agreement and are incorporated by this reference as if fully set forth herein. In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against a¡ry employee or applicant for employment because of sex, age, race, color, creed, religion, national origin, sexual orient¿tion, gender identity or expression, marital status or the presènce of any sensory, mental, or physical disability unless based upon a bonafide occupational qualification, or age except by minimum age and retirement provisions, and this requirement shall apply to but not be limited to the following: employment, advertising, lay-off, or tennination, tates of pay or other forms of compeisation, and selection for training, including F Page 39 apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds ofsex, racen color, creed, national origin, religion, sexual orientation, gender identity or expression, age (except minimum age and retirement provisions), marital status, or the presence of any sensory, mental, or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shatl be grounds for cancellation, terrnination or suspension in whole or in part of this Agreement by King County and may result in ineligibility for firther King County agreements. [Community Parhrer Narnel shall also comply with all applicable anti-discrimination laws or requirements of any and all jurisdictions having authority. 20. CONFLICT OF INTEREST KCC Chapter 3.04 (Employee Code of Ethics) is incorporated by reference as if fully set forth hence, and the Agçncy agrees to abide by all conditions of said chapter. Failure by the Agency to comply with any requirement of said KCC Chapter shall be a rnaterial breach of contract. 21. POLITICAL ACTTVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity or to frrther the election or defeat of any candidate forpublic offrce. 22. PROJECT MAINTENANCE: EOUIPMENT PURCHASE. MAINTENANCE. AND OWNERSHIP A. As between the County and the Agency, the Agency shall be responsible to operate and maintain the completed project at its own sole expense and risk. The Agency shall maintain the completed project in good working condition consistent with applicable standa¡ds and guidelines. The Agency understands, acknowledges, and agrees that the County is not responsible to operate or to maintain the project in any way. B. The Agency shall be responsible for all property purchased pursuant to this Agreement, including the proper care and maintenance of any equipment. C. The Agency shall establish and maintain inventory records and transaction documents þurchase requisitions, packing slips, invoices, receipts) of equipment and materials purchased with Agreement funds. The Agency's duties under this Section shall survive the expiration of this Agreement. 23. NOTICES Whenever this Agreement provides fot notice to be provided by one party to another, such notice shall be in writing, and directed to the person specified in Section 4 of this Agreement. Any such notice shall be deemed to have been given on the date of delivery if mailed, on the third (3rd) business day foilowing the date of mailing; or, if sent by fax, on the frst (lst) business day following the day of delivery thereof by fax.Notice sent solely by e-mail shall be deemed to have been given on the date of transmission. Either party may change its address, fax number, email address, or the name of the person indicated as the recipient by notice to the other in the manner aforesaid. Page 40 24. ASSIGNMENT The Agency shall not assign any portion of rights and obligations under this Agreement or transfer or assign any claim arising pwsuant to this Agreement without the written consent of the County. The Agency must seek such consent in writing not less than fifteen (15) days prior to the date of any proposed assignment. 25. CONTRACTAMENDMENTS This Agreement together with the attached exhibits expressly incorporated herein by reference and attached hereto shall constitute the whole Agreement be¡¡'een the Parties. Éither party may request changes to this Agreement. No modifications or arnendment of this Agreernent shall be valid or effective unless evidenced by an Agreement in writing signed by theÞarties. 26. 1VAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be ã waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. 27. TÆ(ES . The Agency agrees to pay on a current basis all taxes or assessments levied on its activities and property, including, without limitation, any leasehold excise tax due under RCW Chapter 82.29A; PROVIDED, however, that nothing contained. herein will modiþ the right of the Agency to contest any such tax, and the Agency will not be deemed to be indefault as long as it will, in good faith, be contesting the validity or amount of any such taxes. 28 This Agreement is made in and will be in accordance with the laws of the State of Washington, which will be controliing ir aoy dispute that arises hereunder. Actions pertaining to this Agreement will be brought in King County Superior Court, King County, Washington. 29. PAIIAGRAPH HEADII\¡GS The paragraph headings contained herein are only for convenience and reference and are not intended to be a part of this Agreement.or in any manner to define, limit, or describe the scope or intent of this Agreement or the particular paragraphs to which they refer. 30. PUBLIC DOCUMENT This Agreement will be considered a public document and will be available for inspection and copying by the public. LEGAT RELATIONS Nothing contained herein will make, or be deemed to make, the County and the Agency a partner of one another, and this Agreement will not be construed as creaiing a partneiship or 3r. Page 41 joint venture. Nothing in this Agreement will create, or be deemed to create, any right, duty or obligation in any person or entity not a party to it. 32. SINGULAR AND PLURAL Wherever the context will so require, the singular will include the plural and plural wilt include the singular. 33. PERMITS AND_LICENSES The Agency shall design, develop and construct the Project in accordance will all applicable laws and regulatory requirements including environmental considerations, permitting determinations, and other legal requirements. All activities and improvements shall be performed by Agency at its sole expense and liability. The Agency shall, at its sole cost and expense, apply for, obtain and comply with all necessary permits, licenses and approvals required for the Project, 34. INTERPRETATION OF COUNTY RULES AND REGULATIONS If there is any question regarding the interpretation of any County rule or regulation, the County decision will govern and will be binding upon the Agency. 35 OF THE Nothing contained in this Agreement will diminish, or be deemed to diminish, the govemmental or police powers of the County. 36. ENTIRE AGREEMENT This Agreement, including its attachments, constitutes the entire Agreement between the County and the Agency. It supersedes all other agreements and understandings between them, whether written, oral or otherwise. KING COUNTY AGENCY: Kent Parks FOR King County Executive Signature Date NAME (Please type or print), Title Date Page 42 Exhibit I lflKinscoußty P¡IN,ES YourBþBaol¡yad Youth Sports Facilities Grant Scope ofServices Please detail the scope of work to be performed under this contract as described in the YSFG application. You may use and expand upon the application text. Please be thorough in your description of both the entire project and how the YSFG grant will be spent on your project. The work being performed under this contract will construct a 3,800 square foot futsal court at West Fenwick Park on the West Hill of Kent. This project will use high quality materials that will provide a high level of play, and a durable synthetic turf playing surface that is playable in wet weather. The boards will be composed of a high density plastic that is both safe and durable. The posts will be made from galvanized steel. The futsal court will allow for high intensity use year round. It will provide a new attraction at an aging community park, and take advantage of the park's existing amenities, such as parking, a restroom, drinking fountains and seating areas. This project meets the community's need for more high quality recreational oppoftunities, and this specific area's need for more opportunities to play soccer. Kent's West Hill has a diverse population, and a large percentage of low-income residents. Soccer is a very accessible sport since a ball is all you need to play. The futsal court will be designed and built to be ADA accessible, ensuring all Kent residents have access to it, Page 43 Exhibit ll YSFG Project Budget YSFG Grar¡t Request $1 0.000 $65.000 Cash $10,000 $75,000 $20,000 $20.000 P¡of. ServiceDonated Itateriâls Project Funding Projêct ilatch (see ftlatch tab) Yolunteer $1¡ chProject Costs s 1 0,000 $0 $0 $85,000 $65.000 920.000 $20,000 $0 $0 s0 $0 $0 s0 $0 $0 $200,000 2t1 4/30 4/30 4130 411 Timeline Start I Finish r 0/1 111 ql1 3/1 Planûing Boardslcoais Synthet¡c Turf Inslallation l\4isc. Site Prep ProJect Name: Proiect Tasks tlanning and Des¡gn Construction / lnstallation Other Costs Project Cost Total Page 44 YSFG Project Match Project Name: Project Match Budget Gash 1 15625 9375 $ 125,000 $125,000 Prof. Service $ Donated Materiãls $ Volunteer S15 p/h $ Please list below the different sources of match frrnding. For example, Parks CIP, volunteer labor, professional construction services, or càsh from the community group. Applicant must be prepared to document committed funds upon request. ctP C P Total match must be equal to amount noted on the budqet tab (i32). Match source & status (committed or pend¡ng) d Parks CIP Donation from Kent Parks Foundation 1 2 3 4 à b Page 45 Exhibit III lfl rkrgc*nty ; i)ç !,. i)0. ! t.$ YourBþBaa\ianil Youth Sports Facilities Grant Reimbursement Request Tuts RplivtguRSEMENT REQUEST IS FoR AC'nvrlrES / seRvlces RENDERED uNDER rge Youru Sponls Fncnrry GRnNl (YSFG) AcRpErr¡sN'r rDHNI'IFrED AS: PRorecrNa¡r¿g Co¡¡rnncr # Ttt¿ cosls AS eRESENTED IN THIS REeUEST v/ERE INCURRED BETwEEN TnE, T'IME IERIoDS or (onres) CuecT wHEN THIs IS FINAL REIMBURSEMENT REQUEST PLN,q,sn READ CAREFULLY BEFoRn SUBMITTING A REIMBURSEMENT REQUEST It is the responsibility of the Agency (grant recipient) to clearly document and list with highlights the supporting documentation of the incured expenses. You must also clearly and adequately document the match expended. Track these expenses and reimbursements on the budget form (Exhibit ID and submít this Page, the budget form (Exhibit II), and all supporting documents together when requesting reimbursement. I cnnrrry rnl\lTIIE RETMBURSEMENT REeUEST IN THE ln¡ouul or $HAS BEEN INCURRED AND PAYMINT HAS BEEN MADE OR IS NO\ry DUE AND THAT NECESSARY RECEIPTS OR INVOICtsS ARE ATTACHNU. I ALSO CERTIFY THAT TUN MnTcH EXPENDED oN THIS PROJECT AS NOTED oN THE BUDGET FORM IS ACCURATE AND DOCUMENTED. AUTHORIZED SIGNATURE TO Submit To: King County Parks Attention: Butch Lovelace 201 South Jackson, Suite 700 Seattle, WA 98104-3855 From: Organization Address: Contact Phone Tn'le DATE Page 46 Exhibit IV 1 [¡f,K,,sc".r"ty ffiffiffi,ffi YourBlgBaohn¡ü Youth Sports Facilities Grant Invoicing & Recordkeeping King county grant funds can be requested and paid to the Agency only after the costs have been incurred. To receive reimbursement, the Agency must submit to King County Parks an accurate and complete invoice based on the Budget (Exhibit II) with supporting documentation such as bills which have been paid, receipts or invoices that are due and payable, DO NOT SEND PARKS THE ORTGINALS; T(EEP ORIGINALS TN YOUR PROJECT FILE AND SEND COPIES. The attached budget form (Exhibit II), is the same budget form used for the application. That form should be used for tracking the budget and submitted when requesting reimbursement, either in part or whole, and updated through the life of the grant. It is used for all stages of the grant-application, contract submittal, and reimbursement request. The Agency will receive reimbursement from King County within approximately l5 working days after Parks receives the invoice. The Agency must pay any bills due before or after receipt of County funds. The Agency shall follow the guidelines as outlined in Sections l0 & 1 I of the Contract related to recordkeeping. 2 3 4 Page 47 Exhibit V ![xhscounty FãN,tS YourBþBaolryud Youth Sports FacilÍties Grant Design Documents Please provide design documents and any specifications that detail the project, particularly related to the YSFG portion if part of a larger project. Scale your documents to 8 % x 11 inches if possible. Include the following details if applicable: o Facility dimensions o Specifications on drainage, irrigation, and lighting, fencing and other applicable information related to fields o Material and equipment specifications r Playgrounds: The manufacturer is usually able to provide a schematic design that details the layout and specific playground pieces r Site plan The design of the project is still in development. The facility will be very similar to the one shown in the attached photo. The exact location ís yet to be determined because it is being built in conjunction with a larger park renovation project. The planning process for that larger renovation project will begin in summer 2017. Attached is the original site plan for the futsal court that the funding board had some questions about. The hope is that building this project in conjunction with the newly renovated park will allow us to better integrate the futsal court with the higher use area of the park around the restroom building. Page 48 "t 1 I Ðo ^ê I Court Project '*.,rð,*l1î,lH:-s -åt \'''ì 'l* ,,.,r ***H# '' West Fenwick Park Futsal }-iF:-'. r"å I I II tf. I B¿skerbêll Coun IT,ff* 'üu l' t-*t #". *' enn¡t{ffi-- .S257-st t -,-:-".L .-,¿--' Usr P3¡fied Soccer Freßs - Restroom Court Location n 'mF Futsali k .:rd%-gþ1Pårkìng i¡.l'; trt l\\-':/ãr rJn Y-¡ \ PlðygrouDd " rdr n.Õ.i **.' l fr:*- "_*-,¡l***.'-- -'-. Page 49 Page 50 Exhibit VI [flrcrngco.nrtyP¡nrs YourHgBaolrynrd Youth Sports Facilities Grant Certi ficate of Insurance Please return a Certificate of Insurance naming King County as additional insured. See Sections 17 and 18 of the Contract for additional information regarding insurance requirements. Insurance requirements may vary depending on the scope of the project. Please call the YSFG project manager if you have questions related to the insurance requirements for your project. Page 51 t:x Ln at T EK¡rgA¡¡*ï KING COUNTY SUBSTITUTE W.9 Request for Taxpayer ldentification number and Certlfication Give form to King Gounty. Do not send to lRS. Name (as shown on lnvoice) Cilyof lcnt Business Tvoe flRssociatiän Eoiuision ElNon Profit E Corporation*- Enter Tax Classification C (C corporation), S (S corporation) ØGovernment E tndividual EPartnership ElsoleProprietor E Disregarded Entity E t¡m¡teo Liability company ETrusUEstate Business Registration I nformation Enter where you are registered to do business and the corresponding State Registration Number PhysicalAddress 220 Fourth Avenue South wA uBr 173-000-002 City, State, and Zip Kent, WA 98032 Remit Address (íf different than above) SAME City, State, and Zip Tax Reporting Name and Tax ldentification Number or Social Secu flIy NUmOer Enter your Tax reporting Name and address. The Tax ldentification n umber provided must match the name given on the "Tax Reporting Name" line. For individuals, this is your social security number (SSN). Tax Reporting Name City of Kent Tax Reporting Address 220 Fourth Avenue South Tax Reporting City, State, and Zip Kent, WA 98032 Tax ldentification Number, Employer ldentificati on Number or Social Security Number: Print Name of Signer > Under penalties of perjury, I certify that: L The number shown on this form is my correct tax reporting name and identification number 2.I am a U.S. citizen, U.S. person or U.S. Business Entity. 3. I am not subject to backup withholding due to failure to report interest and dividend income. 4. I am exempt from FATCA reporting. Certification in lf you are not a U.S. citizen, U.S. person or U.S. Business Entity, you must cross out item 2 above. Y a completed King County W9 form as well as a copy of your W-8. Sign Here > ?^#, ?o"Lh)Date sisned , ala 'f/t 7 Version: 1 King County Substitute W9 Dated 41812014 Page 52 PARKS, RECREATION AND COMMUNITY SERVICES Julie Parascondola, CPRP, Director 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: March 16, 2017 FROM: Hope Gibson, Parks Planning and Development Manager SUBJECT: Agreement with MacLeod Reckord for the Morrill Meadows Park Construction Documents - Recommend SUMMARY: As part of the city’s efforts to work with the YMCA of Greater Seattle to bring a YMCA facility to East Hill, Parks recently completed a planning process for reconfiguring East Hill Park and neighboring Morrill Meadows Park, resulting in a final Master Plan for the park renovation. This Master Plan combines East Hill and Morrill Meadows into a single park, proposes a number of new amenities for the park, and accommodates a new YMCA facility. The next step toward completion of this project is to develop the concept into a set of documents that will allow the city to permit, bid and construct the new park. The project will proceed in three phases. Those include: Phase 1, which will involve completing preliminary site work to remove old park amenities and perform site preparation work; Phase 2, which will involve the construction of the YMCA and related site improvements (to be completed by the YMCA of Greater Seattle); and Phase 3, which will complete site improvements and construct new park amenities. The drawing set will reflect the phasing of the project. EXHIBITS: Consultant Services Agreement BUDGET IMPACTS: Revenue and expense will impact the YMCA/Morrill Meadows capital budget. MOTION: Move to recommend Council authorize the Mayor to sign a consultant services agreement with MacLeod Reckord, LLC, in an amount not to exceed $689,837.58, to create construction documents for the Morrill Meadows Park Renovation Project, subject to final terms and conditions acceptable to the City Attorney and Parks Director. Page 53 Page 54 CONSULTANT SERVICES AGREEMENT between the City of Kent and MacLeod Reckord PLLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and MacLeod Reckord organized under the laws of the State of Washington, located and doing business at 110 Prefontaine Place South, Ste. 600, Seattle, WA 98104 (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, consultant will develop and create construction documents enabling the city to permit, bid and construct a new combined park including Morrill Meadows and East Hill Parks, where the YMCA of Greater Seattle will construct a new facility on the site. Construction will be phased, with each document set reflecting the current phase of activity. 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 December 31, 2018. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $689,837.58, 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: Page 55 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 liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL Page 56 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 Page 57 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. / / / / / / / / / / / / / / Page 58 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: Suzette Cooke Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Connie Reckord MacLeod Reckord 110 Prefontaine Place S, Ste 600 Seattle, WA 98104 (206) 323-7919 (telephone) connier@macleodreckord.com NOTICES TO BE SENT TO: CITY OF KENT: Hope Gibson City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5112 (telephone) hgibson@kentwa.gov APPROVED AS TO FORM: Kent Law Department P:\Planning\Morrill Meadows\YMCA Facility\MacLeod Reckord Contract Docs\Construction Docs\MacLeod Reckord MM Construction Docs-CONTRACT.docx Page 59 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: _________________________________________ Page 60 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. Page 61 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: _________________________________________ Page 62 EXHIBIT A SCOPE OF WORK March 10, 2017 MORRILL MEADOWS DEVELOPMENT KENT, WASHINGTON PROJECT DESCRIPTION The City of Kent (City), in cooperation with the YMCA of Greater Seattle (YMCA), seeks to advance site planning and design for the area known as Morrill Meadows Park, East Hill Park, and recently purchased assemblage parcels between the two park sites. The scope of new development includes an approximately 50,000 square foot community recreation facility that will include a community aquatic center; attendant access road, drop off, and parking lot; frontage improvements; public/private outdoor courtyards/entry plazas; sport courts; fitness area/stations; trails; and supporting utilities infrastructure. Approximately 100 stalls of the required parking is planned for off-site (shared parking with the church), with access provided directly from on-site. Some existing park program and facilities located on the Morrill Meadows site are anticipated to remain, in particular the restroom, picnic shelter, and drop off area from the parking lot. Upgrades to selected facilities at Morrill Meadows will be included, specifically increase in the number of available parking stalls at the existing parking lot; expanded children’s play area; relocated/reconfigured dog park; expanded, realigned, and resurfaced trail system; accommodation and/or relocation of art/memorial installations; and drainage and utility improvements. The intent of both parties is that the park uses on the City land and the YMCA facilities on the YMCA facility site operate as a unified and mutually beneficial complex. SCOPE OF WORK The scope of work includes two distinct phases of development: I. PHASE I. Full site preliminary planning and design; Project A final PS&E which includes site demolition, frontage improvements, and utility extensions in advance of building construction, environmental impact mitigation, and minor trail extensions. Project A includes YMCA building development, with all building planning and design by others, but scope of this contract includes final PS&E for site improvements in direct support of the building such as access and parking, circulation to main entries and fire access routes, entry plaza, and planting/irrigation. Scope includes: a. Preliminary planning, design, and cost estimating for full site improvements (Projects A and B) to a 30% plan level. b. Review of Geotechnical Engineering report as provided by City. c. Review and formatting of topographic/boundary survey as provided by City. d. Preparation of Traffic Impact Study. e. Preparation of Conceptual Storm Drainage Plan. f. Preparation of Conceptual and Final Environmental Mitigation Plan. g. Preparation of final PS&E (60%, 90%, and 100%) for Project A improvements which includes demolition of all structures except residential home; frontage improvements with bike lane, curb, gutter, and sidewalk; channelization revisions; intersection improvements at new entry (excluding signalization); street lighting improvements; parking lot and drop off area; path and plaza development Page 63 in immediate proximity to the new building; layout, grading, planting, and irrigation for Project A area improvements; pedestrian level lighting for building related plazas; parking lot lighting; initial utility extensions for building and future park improvements including domestic water and sanitary sewer; initial electrical, phone, internet extensions for building and future park improvements; initial storm drainage extensions and infrastructure to accommodate future improvements; final mitigation plan grading and planting plans as required for full site development; final utility extensions for building and future park improvements including domestic water and sanitary sewer; final electrical, phone, internet extensions for building and future park improvements; final storm drainage extensions and infrastructure to accommodate future improvements. Plans to include making a distinction in Contractor’s phasing of work for finish items (final lift parking lot HMA, parking lot planting, clean up) to be done at the completion of building construction, approximately 1 year after start of building construction. h. Permit applications for Project A development (excludes any building permits). i. Coordination with YMCA/Architect on site development for building. j. Storm water quality/quantity treatment anticipated to be underground vault system. II. PHASE II. Project B includes final PS&E for the balance of planned park improvements. Scope includes: a. Preparation of final PS&E (60%, 90%, and 100%) for Project B improvements which includes remaining path and plaza development not included in Project A; play area development and redevelopment; small and large dog park; sport courts; amphitheater; layout, grading, planting, and irrigation for Project B area improvements; pedestrian level lighting for building related plazas and sport courts; final utility extensions for park improvements including domestic water; final storm drainage extensions and infrastructure to accommodate park improvements. Project A improvements also include striping changes only to west (Morrill Meadows) parking lot, and installation of underdrainage and surface drainage structures to correct existing drainage problem at existing picnic shelter. b. Permit applications for Project B development. TASKS The work will consist of the following Tasks: Phase I Task 1 – Project Management Task 2 – Project Initiation and Data Collection Task 3 – Schematic Design (30%) and Reporting Task 4 – Design Development (60%) Task 5 – Permit Application and Environmental Reporting Task 6 – Construction Documents (90%) Task 7 – Bid Documents (100%) Task 8 – Bidding and Award Phase II Task 1 – Project Management Task 2 – Project Initiation Task 3 – N/A Task 4 – Design Development (60%) Page 64 Task 5 – Permit Application and Environmental Reporting Task 6 – Construction Documents (90%) Task 7 – Bid Documents (100%) Task 8 – Bidding and Award ROLES & RESPONSIBILITIES MacLeod Reckord will contract with sub-consultants as identified below. Roles and responsibilities are as follows: • MacLeod Reckord (MR) – Project management; team coordination; landscape architecture lead; plans, specifications, and cost estimate documentation lead; project oversight; and QA/QC. • PACE Engineers (PACE) – Civil engineering; utility design/extension and documentation; storm drainage and TESC design and documentation; NPDES, SWPPP lead and construction level permit application support. • Michael Leonard Associates (MLA) – Structural engineering; misc. site improvements including walls, storm drainage vaults, kiosks, fencing. • Herrera Environmental Consultants (Herrera) – Environmental science; critical area reporting; conceptual and final mitigation design and documentation; environmental permit application. • Transpo Group (Transpo) – Traffic engineering and reporting; access and intersection improvements (excluding signalization) and documentation. • Stantec – Lighting design and electrical engineering; frontage improvement lighting; site and building distribution; parking lot lighting; pedestrian level lighting of sport courts and plazas. GENERAL PROJECT ASSUMPTIONS 1. The City will provide survey and mapping including wetland delineation flags and boundaries, 3D surfaces, on-site and required site perimeter utilities including location, size, invert elevations at structures, and tree survey as required to meet City code for tree removal or disturbance. City will update base survey at the completion of Project A construction for purposes of providing accurate as-built information for the next phase of contract documents. 2. The City has provided available storm reports, utility and record drawings for the project site. Additional off-site storm water assessment may be required and will be provided by the team. 3. Due to high level of uncertainty in the permit application, review, and resubmittal process, the permit application support provided by the Consultant team will be provided to the limitations indicated in the fee proposal. 4. The City has contracted directly with HWA GeoSciences for geotechnical evaluation and engineering for the site. MacLeod Reckord to coordinate with HWA to ensure information is provided to support construction for multiple phases. Information will be made available to MacLeod Reckord for design and engineering purposes. 5. Scope of work for demolition excludes residential home, which will be the responsibility of the City. The City has indicated hazardous materials are not to be anticipated in any demolition efforts, so no scope for hazmat removal has been included. 6. No additional public outreach efforts anticipated. Posting/management of consultant- provided documents on the City’s website is by City personnel. 7. Plans and specifications anticipated to be prepared and written in CSI Master Specification Format. 8. Coordination with YMCA personnel or Architect or other third parties will be through the City or directly, as authorized by City. Page 65 9. Meetings and deliverables have been included in the Scope as outlined herein. 10. Submittal review comments will be provided by the City to the Consultant in one consolidated set. Responses to be provided similarly. 11. Wet utility design assumes gravity flow for all wet utility systems. No scope for pumping/lift station design has been included. 12. Lighting study is not included in this scope. 13. It is acknowledged that YMCA is pursuing LEED™ silver with building construction however LEED Process for the site is not included at this time, however sustainable building practices will be incorporated into site design as program and budget allow. Any documentation of site elements for LEED will be assumed to be prepared by the architect. SCHEDULE The scope of work is premised on a Notice-to-Proceed date of approximately March 2017. The following outlines a draft schedule, to be updated as City/YMCA schedule dictates. Project A – anticipated 12 month design and 12 month construction duration, and will coincide with YMCA building design/construction. March 2017 – NTP July 2017 – 30% plans complete October 2017 – 60% plans complete, environmental permit application submittal February 2018 – 90% plans complete March 2018 – 100% plans complete April 2018 – Bid/Award May 2018 – Construction begins July 2018 – Construction of building begins July 2019 – Final lift parking lot HMA, parking lot planting, finish Project A, open building Project B – unknown at this time, potentially: August 2018 – 60% plans complete November 2018 – 90% plans complete March 2019 – 100% plans complete April 2019 – Bid/Award May 2019 – Construction begins BUDGET Construction budget anticipated for: Projects A and B approximately $5,000,000. Budgets exclude any building-related work. PHASE I Task 1 Project Management 1.1 Project Coordination: Coordinate with the City to ensure work products are exchanged in a timely manner, that work is completed on schedule, and meets the City’s requirements. Coordinate with team members to discuss and distribute project data, ensure timely product delivery, and respond to requests for information. 1.2 Subcontracting: Coordinate scope definition and contracting with sub-consultants. Page 66 1.3 Document Management: Provide for the management of documents received and generated over the course of the project, including review, conversion, distribution, filing, and storage. 1.4 Project Schedule: Develop and update project schedule. 1.5 Quality Assurance/Quality Control: Conduct a quality assurance check of all deliverables prior to submittal to the City. 1.6 Invoicing: Prepare and submit regular invoicing and monthly progress reports. Understanding • Project management will be budgeted for 13 months (design through bidding) • Progress billings will be submitted monthly to the City • Budget for peer checks for quality control is included within budget for design tasks Deliverables • Contract Documents • Project Schedule • Meeting Notes as required • Invoicing and Progress Reports Task 2 Project Initiation and Data Collection 2.1 Kick Off Meetings: Coordination meetings with City staff to review scope and schedule and define Work Plan. Coordination meeting with the City and their assigns (YMCA or others as determined by City) to review background, gather data, discuss coordination items, identify major milestones, and confirm other processes and schedule. Anticipate 1 kickoff meeting. Attendees: entire team. 2.2 Background Information and Document Search: Document search and assembly to provide background information for analysis and planning efforts. a. Demolition – determine/identify requirements for building and utility demolition b. Utilities – assess utility extensions/upgrades (water, sewer) required for YMCA and park improvements c. Storm Drainage – determine requirements for TESC and storm drainage d. Parking – confirm on-site and shared use requirements for parking e. Environmental/Permitting – identify permit applications necessary for development and environmental documents necessary for impacts to critical areas f. Geotechnical – review findings; identify any additional information required g. Traffic – assess available data for traffic impact study and planned intersection improvements h. Electrical/lighting – assess electrical connections/upgrades as required for YMCA and park improvements i. YMCA Building – review architect’s preliminary building plans/specs and collaborate with YMCA personnel to resolve site development requirements 2.3 Base Mapping: Format base mapping using survey as provided by City; identify any downstream storm drainage or off-site utility (storm, water, sewer, power) information necessary for project development. Additional off-site information as may be required to be provided by City, or may be supplemental services by Consultant. 2.4 Site Reconnaissance: Site reconnaissance for purpose of advancing plans and documentation. 2.5 Team Coordination Meetings: Coordination meetings with team to review background data and mapping, and collaborate on strategies for initial planning. Anticipate 1 team coordination meeting. Attendees: entire team. Page 67 2.6 City/YMCA/Architect Coordination Meetings: Coordination meetings with City/YMCA/Architect to review/confirm background data and summaries. Anticipate 1 Owner coordination meeting. Attendees: entire team. Understanding • Additional/follow up meetings may be via conference call Deliverables • Technical memo on (a) demolition plan requirements, (b) utility extensions/upgrades, (c) storm drainage requirements, (d) permit applications and supporting environmental documentation, (e) traffic data, and (f) electrical connections • Base map • Meeting notes Task 3 Schematic Design (30%) and Reporting The purpose of this task is to establish conceptual design for the full build-out of the project (Projects A, B, and C) to better define the specific scope of individual projects. Plans will anticipate the phased development, showing limits of work, including overlap as necessary, and clearly define sequence of construction for each trade. Cost estimates will be presented in three project breakdown. 3.1 Comprehensive Site Plan: Provide conceptual layout and grading for comprehensive site plan improvements, including building footprint that is currently available and on-site parking requirement confirmation as provided by City/YMCA. Identify three Project Areas in plan and identify locations of overlap in construction. 3.2 Construction Access and Staging Plan: Provide construction access and staging plan to address three Project Areas of construction. May be coordinated with TESC Plan. 3.3 Site Demolition Plan: Provide for demolition of all site improvements and structures that conflict with proposed development plans. This is the only plan that will not make a distinction between Project Areas, as all demolition will be done at one time. Any future minor demolition efforts as a result of phasing will be incorporated into 60% plans. 3.4 Temporary Erosion and Sedimentation Control Plan: Provide TESC plan to address three Project Areas of construction. May be coordinated with Construction Access and Staging Plan. 3.5 Domestic Water and Sanitary Sewer Extension/Connection Plans: Provide conceptual utility routing for water and sewer. Coordinate with City and Districts to define requirements for both systems. Define three Project Areas of construction, identifying locations for capped lines, temporary connections, and similar. 3.6 Storm Drainage Plan: Provide conceptual layout and preliminary calculations for storm drainage plan, including above grade and below grade systems as necessary. Coordinate with team on location/configuration for rain gardens or similar. Define three Project Areas of construction, identifying locations for temporary facilities if necessary. 3.7 Frontage Improvement Plan: Provide conceptual layout and preliminary grading (plan/profile) for frontage improvements. This work will be completed as Project A and should be planned accordingly. 3.8 Site Layout and Grading Plan: Provide conceptual layout and preliminary grading for site improvements. 3.9 Planting and Irrigation Plan: Provide conceptual planting plan and area coverage irrigation plan. Identify phased irrigation improvements at a conceptual level. 3.10 Environmental Mitigation Plan: Provide conceptual grading and planting plan for environmental mitigation as proposed for full site impacts. Page 68 3.11 Conceptual Details/Enlarged Plans: Provide details and cross sections to describe selected site improvements to a conceptual level. At a minimum provide sport court layout, parking and path sections, and manufacture cut sheets for amenities. 3.12 Traffic Impact Study: Prepare Traffic Impact Study based on full build-out program as defined by City with YMCA input. Identify impacts of/mitigation for phased construction. 3.13 Intersection Improvement Plan: Provide conceptual layout plan for new primary entrance intersection at SE 248th Street and 109th Ave SE. This work will be completed as Project A and should be planned accordingly. 3.14 Electrical Service Extension Plan: Provide conceptual layout for electrical service for site and building requirements. Define phased system of construction, identifying locations for temporary connections if necessary. 3.15 Conceptual Level Cost Opinion: Provide 30% level cost opinion for two distinct Projects (A and B) of construction, each including any demolition/retrofit as necessary from earlier work. 3.16 Team Coordination Meetings: (2) Coordination meetings with team to review plan development, and collaborate on strategies for phasing. Attendees: Initial meeting: entire team; Follow-up meeting: MR, PACE, Transpo, Stantec. 3.17 Review/approval: Attend City meeting for review/comment of 30% plans, reports, and cost opinion. Provide summary response to comments. Attendees: MR, PACE, Transpo, Stantec. Understanding • Selected meetings may be via conference call • Deliverables • 30% Concept Plans and Cost Opinion; Traffic Impact Study • Meeting notes Task 4 Design Development (60%) The purpose of this task is to advance the design of Project A. Level of completion will be suitable for initial permit application. Cost estimates will be advanced and spec outline provided. 4.1 Cover and General Notes Sheets: Provide cover, notes, abbreviations, legends, and similar front end information for the plan set. 4.2 Construction Access and Staging Plan: Advance access plan, details, and notes. May be combined with TESC Plan. Coordinate plan with building construction schedule and YMCA’s contractor’s access and staging requirements. 4.3 Site Demolition Plan: Advance demolition plan, details, and notes. 4.4 Temporary Erosion and Sedimentation Control Plan: Advance TESC plan, details and notes. Identify any elements that will remain throughout development of Project B. 4.5 Domestic Water and Sanitary Sewer Extension/Connection Plans: Advance water and sewer plan, profile, details, and notes. Prepare documentation necessary to support permit application review and District review for both systems. Note this documentation excludes building systems. System design may need to accommodate 2 stages in contractor’s work as warranted by improvements and building footprint – initial stage to bring utilities onto site from the street, final stage to bring utilities to within 5’ of building. Connection to future drinking fountains will be planned/permitted for in this Phase I, under Project A. Final installation of drinking fountains and connections to same will be done in Phase II, Project B. Page 69 4.6 Storm Drainage Plan: Advance plan, profile, details, notes, and calculations for storm drainage plan. Coordinate with team on refining size and location for vaults, access hatches, rain gardens or similar. Prepare documentation necessary to support permit application review and agency review. 4.7 Frontage Improvement Plan: Advance layout plan/profile, details, and notes for frontage improvements. Prepare documentation necessary to support permit application review. 4.8 Site Layout Plan: Advance layout of parking lot, drop off area, fire access route, entry plaza, building related pathways and on-grade access path to church parking lot. 4.9 Site Grading Plan: Advance grading plan for site improvements noted in Site Layout Plan. 4.10 Planting Plans: Develop planting plans for Project Area A. Limit improvements to those areas that will not be impacted with future construction activity. Identify 2 stages for contractor’s work, with the final stage being parking lot planting at the time of completion of the building. 4.11 Irrigation Plans: Develop irrigation plans for Project Area A. Selected (source/control) segments of irrigation may be temporary, to be modified with future connections occurring under Project B. 4.12 Environmental Mitigation Plans: Advance grading and planting plan for environmental mitigation as proposed for full site impacts, which are planned to be only impact to wetland buffer. Coordinate with permit application documents as required and as noted in Task 5. 4.13 Structural Plans: Advance structural details and preliminary calculations for low walls (exceeding 4’ height from bottom of footing) in close proximity to the building. 4.14 Intersection Improvement Plan: Advance layout plan, including channelization plan, details, and notes for new primary entrance intersection at SE 248th Street and 109th Ave SE. 4.15 Electrical Service Extension Plan: Advance electrical plan, details, and notes. Prepare documentation necessary for PSE review/approval of street lighting, signal control, and future service for building. 4.16 Electrical and Lighting Plans: Prepare electrical/lighting plan, details, and notes. Prepare documentation necessary for building service, parking lot lighting, pedestrian level lighting for building related plazas and connecting paths. 4.17 Construction Details: Advance construction details to support permit application. 4.18 Cost Opinion: Provide 60% level cost opinion. 4.19 Specification Outline: Provide specification outline for Divisions 2 through 34, CSI format. 4.20 Team Coordination Meetings: (2) Coordination meetings with team to review plan development. Attendees: Initial meeting: entire team; Follow-up meeting: MR, PACE, Transpo, Stantec. 4.21 Review/approval: Attend City meeting for review/comment of 60% plans, reports, and cost opinion. Provide summary response to comments. Attendees: MR, PACE, Transpo, Stantec. Understanding • Selected meetings may be via conference call Deliverables • 60% Plans and Cost Opinion; Specification Outline Page 70 • Meeting notes Task 5 Permit Application and Environmental Reporting 5.1 Permit Application: Provide completed application for the permits noted below. Submit with 60% documents. a. Civil Construction b. Critical Areas Review c. Demolition d. Franchise Utility e. Grade and Fill f. Public Works Utility g. Resubmittal Form h. Sewer Permit i. Street Use and Street Cut j. Traffic Control Plan Checklist k. Water Permit 5.2 Environmental Permits and Reporting: Prepare environmental documents as required to address site construction and mitigation proposal. Provide application with 60% documents. Documents include: a. Wetland Mitigation Plan (includes 30-60% level conceptual mitigation proposal) b. SEPA Environmental Checklist 5.3 Team and Agency Coordination Meetings: a. (1) Coordination meeting with team to resolve permit application issues. Attendees: entire team. b. (1) Coordination meeting with City/YMCA to resolve permit coordination issues. Attendees: MR, PACE, Transpo, Stantec. c. (1) Pre-application meeting with City. Attendees: entire team. 5.4 Other Permits/Documents: Prepare draft SWPPP for submittal with 60% set; prepare Notice of Intent for NPDES for submittal with 90% set. Understanding • Selected meetings may be via conference call • No federal funds will be used for the project • No NEPA process; no discipline reports required • SEPA determination will likely be Mitigated Determination of Non-Significance • Documentation and permitting assumes impacts to wetland buffers, no impacts to waters of the State • Wetland buffer mitigation will be provided on site, no off site mitigation will be necessary • Wetland Mitigation Report will draw from existing conditions documented in the Critical Areas Report (Herrera 2016) prepared for the project and will be drafted in accordance with Kent City Code Chapter 11.06 • A cultural resources report will be prepared by others for compliance with Section 106 of the National Historic Preservation Act Deliverables • Completed Permit Applications and supporting documentation as noted above. Task 6 Construction Documents (90%) 6.1 Final Plan Preparation: Prepare final plans incorporating staff review comments, permit application comments and requirements, and coordination directives. Page 71 6.2 Final Cost Opinion: Finalize cost opinion based on updated plans, comments, and current unit pricing. 6.3 Final Specifications: Provide specification sections for Divisions 2 through 34, CSI format. Provide review/comment of Division 1 as provided by City. Review Division 0 for consistency and provide comment. 6.4 Final Reports and Calculations: Update and finalize reports and calculations incorporating staff review comments and coordination directives. Incorporate any changes necessary for permit (re)submittal. 6.5 Updated Permit Applications: Update and finalize permit applications incorporating permit application comments and requirements, and required design changes. 6.6 Team Coordination Meeting: (1) Coordination meeting with team to finalize plan development. Attendees: entire team. 6.7 Review/approval: Review City comments of 90% plans, details, notes, cost opinion, and specifications. Provide summary response to comments. Understanding • Selected meetings may be via conference call Deliverables • 90% Plans, Cost Opinion, and Specifications • Final Reports and Calculations as noted above • Final Permit Applications • Meeting notes Task 7 Bid Documents (100%) 7.1 Final Document Preparation: Prepare final plans, specifications, cost opinion, calculations, and documentation necessary for 100% complete Bid Document ready- package. Deliver to City in paper and electronic form, suitable for bidding. Deliverables • 100% Plans, Cost Opinion, and Specifications • Final Documents for Bidding Task 8 Bidding and Award 8.1 Pre-Bid Conference: Attend pre-bid conference. 8.2 Bidder Response: Field questions from bidders, provide response. 8.3 Addenda and Conformed Set: Contribution to up to two addenda during the Bidding phase is included in this task. Submit addenda in electronic format to City. At completion of bidding/award, prepare a conformed set of construction documents for the City and Contractor. 8.4 Bid Opening: No work. 8.5 Council Meeting: No work. Understanding • (1) Pre-Bid meeting (MR) • Up to 2 addenda to be provided to the City for distribution Deliverables • Addenda (if necessary) • Response to bidder questions • Meeting notes Page 72 • Conformed Set PHASE II Task 1 Project Management 1.1 Project Coordination: Coordinate with the City to ensure work products are exchanged in a timely manner, that work is completed on schedule, and meets the City’s requirements. Coordinate with team members to discuss and distribute project data, ensure timely product delivery, and respond to requests for information. 1.2 Subcontracting: N/A, anticipating this is all completed under Phase I. 1.3 Document Management: Provide for the management of documents received and generated over the course of the project, including review, conversion, distribution, filing, and storage. 1.4 Project Schedule: Develop and update project schedule. 1.5 Quality Assurance/Quality Control: Conduct a quality assurance check of all deliverables prior to submittal to the City. 1.6 Invoicing: Prepare and submit regular invoicing and monthly progress reports. Understanding • Project management will be budgeted for 12 months from beginning of preparation of 60% documents through bidding and award. • Progress billings will be submitted monthly to the City • Budget for peer checks for quality control is included within budget for design tasks Deliverables • Project Schedule • Meeting Notes as required • Invoicing and Progress Reports Task 2 Project Initiation and Data Collection 2.1 Kick Off Meetings: Coordination meetings with City staff to review scope and schedule and define Work Plan. Coordination meeting with the City and their assigns (YMCA/Architect) to review building planning efforts to date, discuss coordination items, identify major milestones, and confirm other processes and schedule. Anticipate 1 kickoff meeting. Attendees: MR, PACE, Stantec. 2.2 Background Information and Document Search: Research/evaluate any updated background information on existing park operations and requirements. 2.3 Base Mapping: Format updated base mapping incorporating survey of Phase II conditions as provided by City. 2.4 Site Reconnaissance: Site reconnaissance for purpose of advancing plans and documentation. 2.5 Team Coordination Meetings: Coordination meeting with team to review background data and mapping, and collaborate on planning strategies. Anticipate 1 team coordination meeting. Attendees: PACE, Stantec, MLA. 2.6 City/YMCA/Architect Coordination Meetings: N/A. Anticipated covered at Kick Off Meeting. Understanding • Additional/follow up meetings may be via conference call Page 73 Deliverables • Summary memo outlining scope of park improvements and likely alternatives. • Base map • Meeting notes Task 3 N/A Task 4 Design Development (60%) The purpose of this task is to advance the design of Project B. Level of completion will be suitable for initial permit application. Cost estimates will be advanced and spec outline provided. 4.1 Cover and General Notes Sheets: Provide notes, abbreviations, legends, and similar front end information for the plan set. 4.2 Construction Access and Staging Plan: Prepare access plan, details, and notes. May be combined with TESC Plan. Coordinate access and staging plan with building operations, as YMCA building and surroundings will be open to the public at this time. 4.3 Site Demolition Plan: N/A. Major demolition completed in Phase I. Minor demolition required to accommodate expansion/connection of site work to be shown in layout plans. 4.4 Temporary Erosion and Sedimentation Control Plan: Prepare TESC plan, details and notes. 4.5 Domestic Water and Sanitary Sewer Extension/Connection Plans: N/A. No additional domestic water service or sanitary sewer extension is anticipated as part of this phase or Project B. Connection to drinking fountains will be planned/permitted for in Phase I, Project A. 4.6 Storm Drainage Plan: Prepare plan, profile, details, notes, and calculations for storm drainage plan. Address drainage problems near existing restroom/shelter area which, for purposes of this scope assume underdrainage and surface drainage improvements. Coordinate with team on refining size and location of rain gardens or similar. Prepare documentation necessary to support permit application review and agency review. 4.7 Site Layout Plan: Prepare layout of remaining path and plaza areas, play area, fitness stations, sport courts, small and large dog parks; restriping of existing west side parking lot; and areas for art installation. Proposal includes coordination with artist to incorporate work. Work assumes play equipment layout and selection, as well as coordination with supplier by City of Kent. Work assumes no impact to previously planned mitigation planting. 4.8 Site Grading Plan: Prepare grading plan for site improvements noted in Site Layout Plan. 4.9 Planting Plans: Develop planting plans for Project Area B. 4.10 Irrigation Plans: Develop irrigation plans for Project Area B. Revise temporary irrigation from previous phases of work to be permanent. 4.11 Structural Plans: Develop structural details and preliminary calculations for low walls, sport court footings, structural pavements, art installations, other misc. structural components. 4.12 Electrical and Lighting Plans: Prepare electrical/lighting plan, details, and notes for pedestrian level lighting for sport court lighting. Other electrical/lighting elements have not been defined at this time and may be included as additional services at a later date. 4.13 Construction Details: Develop construction details to support permit application. 4.14 Cost Opinion: Provide 60% level cost opinion. Page 74 4.15 Specification Outline: Provide specification outline for Divisions 2 through 34, CSI format. 4.16 Team Coordination Meetings: (2) Coordination meetings with team to review plan development. Attendees: Initial meeting: MR, PACE, Stantec, MLA; Follow-up meeting: MR, PACE. 4.17 Review/approval: Attend City meeting for review/comment of 60% plans, reports, and cost opinion. Provide summary response to comments. Attendees: MR, PACE. Understanding • Selected meetings may be via conference call • Scope of work for the following items is difficult to determine at this time, without further site work, coordination with City, and advancement of Phase I plans. Scope is limited to the hours indicated in the fee proposal for: o Structural work to support artist’s work, and due to unknown extent of proposed improvements (number/height of walls, type of support structures, etc) o Irrigation plans, due to unknown existing conditions and extent of work necessary to blend with existing system. o Electrical and lighting plans, due to unknown existing conditions and unknown extend of proposed improvements (how extensive pedestrian/bollard lighting, how much wall, plaza, or building exterior lighting). Deliverables • 60% Plans and Cost Opinion; Specification Outline • Meeting notes Task 5 Permit Application and Environmental Reporting 5.1 Permit Application: Provide completed application for the permits noted below. Submit with 60% documents. a. Civil Construction b. Grade and Fill c. Public Works Utility d. Resubmittal Form e. Traffic Control Plan Checklist 5.2 Environmental Permits and Reporting: N/A. Completed in Phase I. 5.3 Team and Agency Coordination Meetings: a. (1) Coordination meeting with team to resolve permit application issues. Attendees: MR, PACE. 5.4 Other Permits/Documents: Prepare draft SWPPP for submittal with 60% set; prepare Notice of Intent for NPDES for submittal with 90% set. Understanding • Selected meetings may be via conference call • SEPA was completed for entire project in Phase I. No new SEPA or SEPA Amendment anticipated. Deliverables • Completed Permit Applications as noted above. Page 75 Task 6 Construction Documents (90%) 6.1 Final Plan Preparation: Prepare final plans incorporating staff review comments, permit application comments and requirements, and coordination directives. Incorporate play equipment as selected by City. 6.2 Final Cost Opinion: Finalize cost opinion based on updated plans, comments, and current unit pricing. 6.3 Final Specifications: Provide specification sections for Divisions 2 through 34, CSI format. Provide review/comment of Division 1 as provided by City. Review Division 0 for consistency and provide comment. 6.4 Final Reports and Calculations: Update and finalize reports and calculations incorporating staff review comments and coordination directives. Incorporate any changes necessary for permit (re)submittal. 6.5 Updated Permit Applications: Update and finalize permit applications incorporating permit application comments and requirements, and required design changes. 6.6 Team Coordination Meeting: (1) Coordination meeting with team to finalize plan development. Attendees: MR, PACE. 6.7 Review/approval: Review City comments of 90% plans, details, notes, cost opinion, and specifications. Provide summary response to comments. Understanding • Selected meetings may be via conference call Deliverables • 90% Plans, Cost Opinion, and Specifications • Final Reports and Calculations as noted above • Final Permit Applications • Meeting notes Task 7 Bid Documents (100%) 7.1 Final Document Preparation: Prepare final plans, specifications, cost opinion, calculations, and documentation necessary for 100% complete Bid Document ready- package. Deliver to City in paper and electronic form, suitable for bidding. Deliverables • 100% Plans, Cost Opinion, and Specifications • Final Documents for Bidding Task 8 Bidding and Award 8.1 Pre-Bid Conference: Attend pre-bid conference. 8.2 Bidder Response: Field questions from bidders, provide response. 8.3 Addenda and Conformed Set: Contribution to up to two addenda during the Bidding phase is included in this task. Submit addenda in electronic format to City. At completion of bidding/award, prepare a conformed set of construction documents for the City and Contractor. 8.4 Bid Opening: No work. 8.5 Council Meeting: No work. Understanding • (1) Pre-Bid meeting (MR) • Up to 2 addenda to be provided to the City for distribution Page 76 Deliverables • Addenda (if necessary) • Response to bidder questions • Meeting notes • Conformed Set END OF PROPOSAL Page 77 Morrill Meadows Development Fee Summary March 10, 2017 Task/Team MacLeod Reckord PACE MLA Herrera Transpo Stantec Subtotal PHASE I PROJECT A - FINAL PS&E PRELIMINARY PARK IMPROVEMENTS 1.0 Project Management 10,480.00 - 2,552.00 - 800.00 - 13,832.00 2.0 Project Initiation and Data Collection 9,320.00 6,990.00 1,975.00 3,852.18 2,930.00 3,968.00 29,035.18 3.0 Schematic Design (30%) and Reporting 44,180.00 25,458.00 2,575.00 11,926.67 11,780.00 6,015.00 101,934.67 4.0 Design Development (60%)73,235.00 34,746.00 5,550.00 10,317.15 - 14,370.00 138,218.15 5.0 Permit Application and Environmental Reportin 12,660.00 6,300.00 375.00 32,455.29 - 1,494.00 53,284.29 6.0 Construction Documents (90%)38,430.00 18,102.00 2,900.00 4,099.80 - 5,381.00 68,912.80 7.0 Bid Documents 14,140.00 8,918.00 650.00 2,197.50 - 2,252.00 28,157.50 8.0 Bidding and Award 3,915.00 2,930.00 900.00 - - 624.00 8,369.00 Subtotal 206,360.00 103,444.00 17,477.00 64,848.59 15,510.00 34,104.00 441,743.59 Direct Expenses 1,000.00 315.90 524.31 270.00 0 750 2,860.21 Admin. Mark-up (8%)18,830.69 Total Phase I 207,360.00 103,759.90 18,001.31 65,118.59 15,510.00 34,854.00 463,434.49 Task/Team MacLeod Reckord PACE MLA Herrera Transpo Stantec Subtotal PHASE II PROJECT B 1.0 Project Management 10,200.00 - 2,416.00 - - 12,616.00 2.0 Project Initiation and Data Collection 6,510.00 2,528.00 375.00 2,742.00 12,155.00 3.0 Schematic Design (N/A)- 4.0 Design Development (60%)82,610.00 14,822.00 8,775.00 - 4,531.00 110,738.00 5.0 Permit Application and Environmental Reportin 6,880.00 800.00 - - - 7,680.00 6.0 Construction Documents (90%)29,810.00 10,738.00 3,625.00 - 3,508.00 47,681.00 7.0 Bid Documents 13,220.00 4,682.00 650.00 - 1,438.00 19,990.00 8.0 Bidding and Award 4,235.00 1,998.00 900.00 - 1,644.00 8,777.00 - Subtotal 153,465.00 35,568.00 16,741.00 - - 13,863.00 219,637.00 Direct Expenses 800.00 170.10 502.23 1,472.33 Admin. Mark-up (8%)5,293.76 Total Phase II 154,265.00 35,738.10 17,243.23 - - 13,863.00 226,403.09 Total Phases I and II 689,837.58$ Page 1 of 1 Page 78 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. Page 79 EXHIBIT B (Continued) 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 $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 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. Page 80 EXHIBIT B (Continued) E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. Page 81 Page 82 KENT PARKS, RECREATTON AND COMMUNTTY SERVTCES Julie Parascondola, CPRP, Director Phone: 253-856-5100 Fax: 253-856-6050 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 Jl¡*x¡nô?ox TO DATE: FROM: March L6,20L7 Kent City Council Parks and Human Services Committee Hope Gibson, Parks Planning and Development Manager SUBJECT:Grant Agreement with the Department of Commerce for the Morrill Meadows Park Renovation - Recommend MOTION: Move to recommend council authorize the mayor to sign a grant agreement with the Washington State Department of Commerce in the amount of $485'OOO for the design and site preparation work at Morrill Meadows and East Hill Parks, subject to f¡nal terms and conditions acceptable to the parks director and city attorney. SUMMARY: As the city works with the YMCA of Greater Seattle to bring a new YMCA facility to the East Hill, the city has applied for and received a grant award from the Washington State Department of Commerce for $485,000 to help fund costs associated with the project. These funds will be used for capital expenditures for the first phase of preconstruction activities within Morrill Meadows and East Hill Parks, including demolition of existing improvements, planning and design of the combination and overall renovation of the two parks, and construction of site improvements. This phase of the project will provide for site planning to combine and renovate the properties into a single community park and to complete site preparation work for the YMCA. EXHIBITS: Washington State Department of Commerce Grant agreement BUDGET IMPACTS: Revenue and Expense will impact the YMCA/Morrill Meadows Budget. Page 83 Page 84 ¡Èá. {tt¡ Department of Commerce Grant to For City of Kent through The Local and Community Projects 2016 Program Kent East Hill YMCA Planning - Preconstruction activities for a YMCA. Start date:July 1, 2015 Washington State Department of Commerce www.commerce.wa,gov Page 85 Page 86 TABLE OF CONTENTS Face Sheet Special Terms and Conditions.. 1 2 2 2 2 3 3 4 4 4 5 6 7 7 7 7 I B I I I I 1 1 1 1 1 2 2 2 2 3 4 4 4 5 5 5 5 5 6 6 6 6 6 7 7 7 7 7 Grant Management............... Compensation,........... Certification of Funds Performance Measures Prevailing Wage Law........... Documentation and Security Basis for Establishing Real Property values for Acquisitions of Real property Expenditures Eligible for Reimbursement Billing Procedures and Payment ............... lnsurance.. Order of Precedence . ........... Reduction in Funds.... Ownership of ProjecVCapital Facilities............ Change of Ownership or Use for GRANTEE-Owned property Change of Use for Leased Property Performance Measure.... Modification to the Project Budget....... Signage, Markers and Publications.......... Historical and Cultural Artifacts Reappropriation .......... Recapture Termination for Fraud or Misrepresentation General Terms and Conditions .. 1. 2. 3. 4. 5. b. 7. 8. L 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 1. 2. 3_ 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15, 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. Definitions. Access to Data Advance Payments Prohibited All Writings Contained Herein Amendments .......... Americans with Disabilities Act (ADA).........,. 4ssi9nment........,,,..... Attorney's Fees,......... Audit......... Confidentia I ity/Safeg uard i ng of I nform ation.. . Conflict of lnterest.. Copyright Provision... Disputes Duplicate Payment.... Governing Law and Venue lndemnification ........... lndependent Capacity of the Grantee lndustrial lnsurance Coverage Laws......... Lícensing, Accreditation and Registration ..... Limitation of Authority Noncompliance with Nondiscrimination Laws Political Activities Publicity Recapture Records Maintenance.....,......... Registration with Department of Revenue Right of lnspection. Page 87 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. Savings..... Severabi|ity. ......................... Site Security .....,.,....... Subcontracting...................... Survival..... Taxes......., Termination for Cause Termination for Conven ience 7III 8 III 9Termination Procedures. Treatment of Assets....... Waiver ........ 10 ..,.....10 Aüachment A, Scope of Work; Attachment B, Budget; Attachment C, Availability of Funds; Attachment D Certification of Prevailing Wages; Attachment E, Certification of LEED Page 88 FACE SHEET Washington State Department of Commerce Local Government Division Communify Capital Facilities Unit Grant Number: I 6-93205-045 I, GRANTEE City of Kent 220 4th Avenue South Kent,'Washington 98032 2. GRANTEE Doing Business As (optionat) 3. Grantee Representative Hope Gibson (253) 8s6-s112 hgibson@Kenfwa.gov 4. COMMERCE Representative Sheryl Reed Project Manager (360) 725-3074 Fax 360-586-5880 sheryl.reed@commerce.wa. gov P.O. Box 42525 l0l I Plum Sfreet SE Olympia, WA 98504-2525 5. Grant Amount $485,000.00 6. Funding Source Federal: I State: K Other: n Xllt ¡ 7. Start Date 7lt/2015 8. End Date 6130/2019 9. Federal Funds (as applicable) N/A Fcdcral Agencv NIA CFDA Number N/A 10. Tax lD # 9t-6001254 11. s\ryv # 0000552-00 I2. UBI #13. DUNS # N/A 14. Grant Purpose The outcome of this performance-based confract is the preconstruction activities for new cons1ruction of the Kent East llill yMCA as referenced in Attachment A - Scope of Work. COMMERCE, <Iefined as the Department of Comrnerce, and the GRANTEE, as defìned above, acknowledge and accept the terms of this Grant and attachments and have execufed thís Grant on the date below to starl as of thc date and year referenced above. The rights and obligations of both parties to this Grant are govemed by this Grant and the following other dócuments incorporated by reference: Grant Terms and Conditions including Attachment "4" - Scope of Work, Attachment "8" - Burlget, Attacilment ,.C,' -Certiflcation of Availability of Funds to Complete the Project, Attachment "D"-- Certification of the Payment and Reporting ol Prevailing Wages, Attachment "E" - certification of Intcnt to llnter LEF)D process. FOR GRANTEE Suzette Cook, Mayor Date FOR COMMERCE Mark K. Barkley, Assistant Director Datc APPROVED AS TO F'ORM ONLY yll6rli lrl tk in1 .- l7Date0Z-O Page 89 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS THIS CONTRACT, entered into by and between City of Kent (a unit of local government) hereinafter referred to as the GRANTEE), and the Washington State Department of Commerce (hereinafter referred to as COMMERCE), WITNESSES THAT: WHEREAS, GOMMERCE has the statutory authority under RCW 43.330.050 (5) to cooperate with and provide assistance to local governments, businesses, and community-based organizations; and WHEREAS, COMMERCE is also given the responsibility to administer state funds and programs which are assigned to COMMERCE by the Governor or the Washington State Legislature; and WHEREAS, the Washington State Legislature has, in Laws of 2015, 3rd Special Session, Chapter 3, Section 1040, made an appropriation to support the Local and Community Projects 2016 Program, and directed COMMERCE to administer those funds; and WHEREAS, the enabling legislation also stipulates that the GRANTEE is eligible to receive funding for acquisition, construction, or rehabilitation (a venture hereinafter referred to as the "Project"). NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter contained, the parties hereto agree as follows: 1. GRANTMANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Grant. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Grant. The Representative for the GRANTEE and their contact information are identified on the Face Sheet of this Grant. 2. COMPENSATION COMMERCE shall pay an amount not to exceed $485,000.00 for the capital costs necessary for or incidental to the performance of work as set forth in the Scope of Work. 3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES A. The release of state funds under this contract is contingent upon the GRANTEE certifying that it has expended or has access to funds from non-state sources as set forth in ATTACHMENT C (CERT|FICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT), hereof Such non-state sources may consist of a combination of any of the following: i) Eligible Project expenditures prior to the execution of this contract. ii) Cash dedicated to the Project. iii) Funds available through a letter of credit or other binding loan commitment(s). iv) Pledges from foundations or corporations. v) Pledges from indrvidualdonors. 2 Page 90 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS vi)The value of real property when acquired solely for the purposes of this Project, as established and evidenced by a current market value appraisal perforrned by a licensed, professional real estate appraiser, or a current property tax statement. COMMERCE will not consider appraisals for prospective values of such property for the purposes of calculating the amount of non-state matching fund credit. ln-kind contributions, subject to COMMERCE'S approval.vii) B. The GRANTEE shall maintain records sufficient to evidence that it has access to or has expended funds from such non-state sources, and shall make such records available for COMMERCE'S review upon reasonable request. 4. PREVAILING WAGE LAW The Project funded under this Grant may be subject to state prevailing wage law (Chapter 39.12 RCW). The GRANTEE is advised to consult the lndustrial Statistician at the Washington Department of Labor and lndustries to determine whether prevailing wages must be paid. COMMERCE is not responsible for determining whether prevailing wage applies to this Project or for any prevailing wage payments that may be required by law. 5. DOCUMENTATION AND SECURITY The provisions of this section shall apply to capital projects performed by nonprofit organizations that involve the expenditure of over $500,000 in state funds. Projects for which the grant award or legislative intent documents specify that the state funding is to be used for design only are exempt from this section. Deed of Trust. This Grant shall be evidenced by a promissory note and secured by a deed of trust or other appropriate security instrument in favor of COMMERCE (the "Deed of Trust"). The Deed of Trust shall be recorded in the County where the Project is located, and the original returned to COMMERCE after recordation within ninety (90) days of contract execution. The Deed of Trust must be recorded before COMMERCE will reimburse the GRANTEE for any Project costs. The amount secured by the Deed of Trust shall be the amount of the grant as set forth in Section 2, hereof- B. Term of Deed of Trust. The Deed of Trust shall remain in full force and effect for a period of ten (10) years following the final payment of state funds to the GRANTEE under this grant. Upon satisfaction of the ten-year term requirement and all other grant terms and conditions, COMMERCE shall, upon written request of the GRANTEE, take appropriate action to reconvey the Deed of Trust- C. Title lnsu.rançe. The GRANTEE shall purchase an extended coverage lender's policy of title insurance insuring the lien position of the Deed of Trust in an amount not less than the amount of the grant, D. Suþordination" COMMERCE may agree to subordinate its deed of trust upon request from a private or public lender. Any such request shall be submitted to COMMERCE in writing, and COMMERCE shall respond to the request in writing within thirty (30) days of receiving the request. A 3 Page 91 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 6. BASIS FOR ESTABLI$HING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL PROPERTY PERFORMANCE MEASURES When the grant is used to fund the acquisition of real property, the value of the real property eligible for reimbursement under this grant shall be established as follows: a. GRANTEE purchases of real property from an independent third-party seller shall be evidenced by a current appraisal prepared by a licensed Washington State commercial real estate appraiser, or a current property tax statement. b. GRANTEE purchases of real property from a subsidiary organization, such as an affiliated LLC, shall be evidenced by a current appraisal prepared by a licensed Washington State commercial real estate appraiser or the prior purchase price of the property plus holding costs, whichever is less. 7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT The GRANTEE may be reimbursed, at the rate set forth elsewhere in this contract, for Project expenditures in the following cost categories: A. Real property, and costs directly associated with such purchase, when purchased or acquired solely for the purposes of the Project; B. Design, engineering, architectural, and planning; C. Construction management and observation (from external sources only); D. Construction costs including, but not limited to, the following: Site preparation and improvements; Permits and fees; Labor and materials; Taxes on Project goods and services; Capitalized equipment; lnformation technology infrastructure; and Landscaping. 8. BILLING PROCEDURES AND PAYMENT COMMERCE shall reimburse the GRANTEE for one-hundred percent (100%) of eligible Project expenditures, up to the maximum payable under this contract. When requesting reimbursement for expenditures made, the GRANTEE shall submit to COMMERCE a signed and completed lnvoice Voucher (Form A-19), that documents capitalized Project activity performed - by budget line item - for the billing period. The GRANTEE shall evidence the costs claimed on each voucher by including copies of each invoice received from vendors providing Project goods or services covered by the contract. The GRANTEE shall also provide COMMERCE with a copy of the cancelled check or electronic funds transfer, as applicable, that confirms that they have paid each expenditure being claimed. The cancelled checks or electronic funds transfers may be submitted to COMMERCE at the time the voucher is initially submitted, or within thirty (30) days thereafter. The voucher must be certified (signed) by an official of the GRANTEE with authority to bind the GRANTEE. The final voucher shall be submitted to COMMERCE within sixty (60) days following the completion of work or other termination of this contract, or within fifteen (15) days following the end of the state biennium unless contract funds are reappropriated by the Legislature in accordance with Section 18, hereof. 4 Page 92 SPEGIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS Each request for payment must be accompanied by a Project Status Report, which describes, in narrative form, the progress made on the Project since the last invoice was submitted, as well as a report of Project status to date. COMMERCE will not release payment for any reimbursement request received unless and until the Project Status Report is received. After approving the lnvoice Voucher and Project Status Report, COMMERCE shall promptly remit a warrant to ihe GRANTEE. COMMERCE will pay GRANTEE upon acceptance of seryices provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the GRANTEE- COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the GRANTEE for services rendered if the GRANTEE fails to satisfactorily comply with any term or condition of this Grant. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Duplication of Billed Costs The GRANTEE shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the GRANTEE, if the GRANTEE is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costq The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subgrantees. 9. INSURANCE The GRANTEE shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the state of Washington should there be any claims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the GRANTEE, or Subgrantee, or agents of either, while performing under the terms of this Grant. The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. The insurance shall name the state of Washington, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The GRANTEE shail instruct the insurers to give COMMERCE thirty (30) calendar days advance notice of any insurance cancellation or modification. The GRANTEE shall submit to COMMERCE within fifteen (15) calendar days of the Grant start date, a certificate of insurance which outlines the coverage and limits defined in this insurance section. During the term of the Grant, the GRANTEE shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. The GRANTEE shall provide insurance coverage that shall be maintained in fullforce and effect during the term of this Grant, as follows: Commercial General Liability lnsurance Policy. Provide a CommercialGeneral Liability lnsurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Grant activity but no less than $1,000,000 per occurrence. Additionally, the GRANTEE is responsible for ensuring that any Subgrantees provide adequate insurance coverage for the activities arising out of subgrants. 5 Page 93 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS Fidelity lnsurance. Every officer, director, employee, or agent who is authorized to act on behalf of the GRANTEE for the purpose of receiving or depositing funds into program accounts or issuing financial documents, checks, or other instruments of payment for program costs shall be insured to provide protection against loss: A. The amount of fidelity coverage secured pursuant to this Grant shall be $2,000,000 or the highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity insurance secured pursuant to this paragraph shall name the Grantor as beneficiary. B. Subgrantees that receive $10,000 or more per year in funding through this Grant shall secure fidelity insurance as noted above. Fidelity insurance secured by Subgrantees pursuant to this paragraph shall name the GRANTEE and the GRANTEE's fiscal agent as beneficiary. C. The GRANTEE shall provide, at COMMERCE's request, copies of insurance instruments or certifications from the insurance issuing agency. The copies or certifications shall show the insurance coverage, the designated beneficiary, who is covered, the amounts, the period of coverage, and that COMMERCE will be provided thirty (30) days advance written notice of cancellation. GRANTEES and Local Governments that Participate in a Self-lnsurance Program. Self-lnsured/Liability Pool or Self-lnsured Risk Management Program - With prior approval from COMMERCE, the GRANTEE may provide the coverage above under a self-insured/liability pool or self-insured risk management program. ln order to obtain permission from COMMERCE, the GRANTEE shall provide: ('1) a description of its self-insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and deductibles. All self-insured risk management programs or self-insured/liabìlity pool financial reports must comply with Generally Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1) GovernmentalAccounting Standards Board (GASB), 2) FinancialAccounting Standards Board (FASB), and 3) the Washington State Auditor's annual instructions for financial reporting. GRANTEE's participating in joint risk pools shall maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. The state of Washington, its agents, and employees need not be named as additional insured under a self-insured property/liability pool, if the pool is prohibited from naming third parties as additional insured. GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self insurance, evidencing continued coverage under GRANTEE's self-insured/liability pool or self- insured risk management program. Such annual summary of coverage and letter of self insurance will be provided on the anniversary of the start date of this Agreement. 10. ORDER OF PRECEDENCE ln the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence in the following order: . Applicable federal and state of Washington statutes and regulations. SpecialTerms and Conditions. General Terms and Conditions. Attachment A - Scope of Work. AttachmentB-Budget. Attachment C - Certification of the Availability of Funds to Complete the Project. Attachment D - Certification of the Payment and Reporting of Prevailing Wagesr Attachment E - Certification of lntent to Enter the Leadership in Energy and Environmental Design (LEED) Certification Process 6 Page 94 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 11- REDUCTION IN FUNDS ln the event state funds appropriated for the work contemplated under this contract are withdrawn, reduced, or limited in any way by the Governor or the Washington State Legislature during the contract period, the parties hereto shall be bound by any such revised funding limitations as implemented at the discretion of COMMERCE, and shall meet and renegotiate the contract accordingly. 12. owNERSHrp OF PROJEGT/CAPTTAL FACILITIES COMMERCE makes no claim to any real property improved or constructed with funds awarded under this contract and does not assert and will not acquire any ownership interest in or title to the capital facilities and/or equipment constructed or purchased with state funds under this contract; provided, however, that COMMERCE may be granted a security interest in real property, to secure funds awarded under this contract. This provision does not extend to claims that COMMERCE may bring against the GRANTEE in recapturing funds expended in violation of this contract. 13. CHANGE OF OWNËRSHIP OR USE FOR GRANTEE-OWNED PROPERTY A. The GRANTEE understands and agrees that any and all real property or facilities owned by the GRANTEE that are acquired, constructed, or othen¡vise improved by the GRANTEE using state funds under this contract shall be held and used by the GRANTEE for the purpose or purposes stated elsewhere in this contract for a period of at least ten (10) years from the date the final payment is made hereunder. B. This provision shall not be construed to prohibit the GRANTEE from selling any property or properties described in this section; Provided, that any such sale shall be subject to prior review and approval by COMMERCE, and that all proceeds from such sale shall be applied to the purchase price of a different facility or facilities of equal or greater value than the original facility and that any such new facility or facilities will be used for the purpose or purposes stated elsewhere in this contract. C- ln the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall repay to the state general fund the principal amount of the grant as stated in Section 1, hereof, plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the effective date of the legislation in whích the subject facility was authorized. Repayment shall be made pursuant to Section 19 (Recapture provision). I4. CHANGE OF USE FOR LEASED P PERTY PERFORMANCE MEASURE A. The GRANTEE understands and agrees that any facility leased by the GRANTEE that is constructed, renovated, or othen¡vise improved using state funds under this contract shall be used by the GRANTEE for the purpose or purposes stated elsewhere in this contract for a period of at least ten (10) years from the date the final payment is made hereunder. B. ln the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall repay to the state general fund the principal amount of the grant as stated in Section 1, hereof, plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the effective date of the legislation in which the subject facility was authorized. Repayment shall be made pursuant to Section 19 (Recapture Provision). 7 Page 95 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 15. MODIFICATION TO THE PROJECT BUDGET A. Notwithstanding any other provision of this contfact, the GRANTEE may, at its discretion, make modifications to line items in the Project Budget (Attachment B), hereof, that will not inerease the line item by more than fifteen percent (15%). B. The GRANTEE shall notify COMMERCE in writing (by email or regular mail) when proposing any budget modification or modifications to a line item in the Prolect Budget (Attachment B,) hereof, that would increase the line item by more than fifteen percent (15%). Conversely, COMMERCE may initiate the budget modification approval process if presented with a request for payment under this contract that would cause one or more budget line items to exceed the 15 percent (15%) threshold increase described above. G. Any such budget modification or modifications as described above shall require the written approval of COMMERCE (by email or regular mail), and such written approval shall amend the Project Budget. Each party to this contract will retain and make any and all documents related to such budget modifications a part of their respective contract file. D. Nothing in this section shall be construed to permit an increase in the amount of funds available for the Project, as set forth in Section 2 of this contract. I6. SIGNAGE. MARKERS AND PUBLICATIONS lf, during the period covered by this contract, the GRANTEE displays or circulates any communication, publication, or donor recognition identifying the financial participants in the Project, any such communication or publication must identify "The Taxpayers of Washington State" as a participant. I7, HISTORICAL AND GULTURAL ARTIFACTS ln the event that historical or cultural artifacts are discovered at the Project site during construction, the GRANTEE shall immediately stop construction and notify the local historical preservation officer and the state historical preservation officer at the Washington State Department of Archaeology and H istoric Preservation. 18. REAPPROPR¡ATION A. The parties hereto understand and agree that any state funds not expended by June 30, 2017 will lapse on that date unless specifically reappropriated by the Washington State Legislature. lf funds are so reappropriated, the state's obligation under the terms of this contract shall be contingent upon the terms of such reappropriation. B. ln the event any funds awarded under this contract are reappropriated for use in a future biennium, COMMERCE reserves the right to assign a reasonable share of any such reappropriation for administrative costs. 19. RECAPTURE ln the event that the GRANTEE fails to perform this Grant in accordance with state laws, federal laws, and/or the provisions of this Grant, COMMERCE reserves the right to recapture all funds disbursed under the Grant, in addition to any other remedies available at law or in equity. This provision supersedes the Recapture provision in Section 25 of the General Terms and Conditions. 8 Page 96 SPECIAL TERMS AND COND¡T¡ONS GENERAL GRANT STATE FUNDS 20. TERMINATION FOR FRAUD OR MISREPRESENTATION ln the event the GRANTEE commits fraud or makes any misrepresentation in connection with the Grant application or during the performance of this contract, COMMERCE reserves the right to terminate or amend this contract accordingly, including the right to recapture all funds disbursed to the GRANTEE underthe Grant. I Page 97 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 1. DEFINITIONS As used throughout this Grant, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee aùtnorizeO in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Department of Commerce. C. "GRANTEE' shall mean the entity identified on the face sheet performing service(s) under this Grant, and shall include all employees and agents of the GRANTEE. D. "Personal lnformation" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. E. "State" shall mean the state of Washington. F. "Subgrantee/subcontractor" shall mean one not in the employment of the GRANTEE, who is performing all or part of those services under this Grant under a separate Grant with the GRANTEE. The terms "subgrantee/subcontractor" refers to any tier. G. "Subrecipient" shall mean a non-federal entity that expends federal awards received from a pass- through entity to carry out a federal program, but does not include an indiyidual that is a beneficiary of such a program. lt also excludes vendors that receive federal funds in exchange for goods and/or services in the course of normal trade or commerce. H. "Vendor" is an entity that agrees to provide the amount and kind of services requested by COMMERCE, provides services under the grant only to those beneficiaries individually determined to be eligible by COMMERCE and, provides services on a fee-for-service or per-unit basis with contractual penalties if the entity fails to meet program performance standards. 2. ACCESSTO DATA ln compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under this Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the GRANTEE's reports, including computer models and the methodology for those models. 3. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Grant shall be made by COMMERCE. 4. ALL WRITINGS CONTAINED HEREIN This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or othenvise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of the parties hereto. 5. AMENDMENTS This Grant may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. I Page 98 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 6. AMERIGANS WITH DISABILITIES AGT (ADAI OF 1990. PUBLIG LAW 101-336. also referred to as the "ADA" 28 CFR Part 35 The GRANTEE must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 7. ASSIGNMENT Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the GRANTEE without prior written consent of COMMERCE. 8. ATTORNEYS'FEES Unless expressly permitted under another provision of the Grant, in the event of litigation or other action brought to enforce Grant terms, each party agrees lo bear its own attorneys fees and costs. 9. AUDIT A. GengralRequirements GRANTEE's are to procure audit services based on the following guidelines. The GRANTEE shallmaintain its records and accounts so as to facilitate audits and shallensure that subgrantees also maintain auditable records. The GRANTEE is responsible for any audit exceptions incurred by its own organization or that of its subgrantees. COMMERCE reserves the right to recover from the GRANTEE all disallowed costs resulting from the audit. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The GRANTEE must respond to COMMERCE requests for information or corrective action concerning audit issues within thirty (30) days of the date of request. B. $tate Funds Requirements ln the event an audit is required, if the GRANTEE is a state or local government entity, the Office of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be conducted by a certified public accountant selected by the GRANTEE. The GRANTEE shall include the above audit requirements in any subcontracts. ln any case, the GRANTEE's records must be available for review by COMMERCE. C. Documentation Requirements The GRANTEE must send a copy of the audit report described above no later than nine (9) months after the end of the GRANTEE's fiscal yea(s) by sending a scanned copy to auditrev_iew(ôcommerce,wa.qov or a hard copy to: Department of Commerce ATTN: Audit Review and Resolution Office 1011 Plum Street SE PO Box 42525 Olympia WA 98504-2525 ln addition to sending a copy of the audit, when applicable, the GRANTEE must include: . Corrective action plan for audit findings within three (3) months of the audit being received by COMMERCE. 2 Page 99 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS . Copy of the Management Letter. lf the GRANTEE is required to obtain a Single Audit consistent with Circular A-133 requirements, â copy must be provided to COMMERCE; no other report is required, 10. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential lnformation" as used in this section includes: 1. All material provided to the GRANTEE by COMMERCE that is designated as "confidential" by COMMERCE; 2. All material produced by the GRANTEE that is designated as "confidential" by COMMERCE; and 3. All personal information in the possession of the GRANTEE that may not be disclosed under state or federal law. "Personal information" includes but is not limited to information related to a person's name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver's license number and other identifying numbers, and "Protected Health lnformation" under the federal Health lnsurance Portability and Accountability Act of 1996 (HIPAA). B. The GRANTEE shall comply with all state and federal laws related to the use, sharíng, transfer, sale, or disclosure of Confidential lnformation. The GRANTEE shall use Confidential lnformation solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any Confidential lnformation to any third party except with the prior written consent of COMMERCE or as may be required by law. The GRANTEE shalltake all necessary steps to assure that Confidential lnformation is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential lnformation or violation of any state or federal laws related thereto. Upon request, the GRANTEE shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Grant whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The GRANTEE shall make the changes within the time period specified by COMMERCE. Upon request, the GRANTEE shallimmediately return to COMMERCE any Confidential lnformation that COMMERCE reasonably determines has not been adequately protected by the GRANTEE against unauthorized disclosure. C. Unauthorized Use or Disclosure, The GRANTEE shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 1I. CONFL¡CT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE may, in its sole discretion, by written notice to the GRANTEE terminate this Grant if it is found after due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW and 42.23 RCW; or any similar statute involving the GRANTEE in the procurement of, or performance under this Grant. Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 ol lhe Revised Code of Washington. The GRANTEE and their subcontractor(s) must identify any person employed in any capacity by the state of Washington that worked on the Local and Community Projects Program including but not limited to formulating or drafting the legislation, participating in grant procurement planning and execution, awarding grants, and monitoring grants, during the 24 month period preceding the start date of this Grant. ldentify the individual by name, the agency previously or currently employed by, job title position held, and separation date. lf it is determined by COMMERCE that a conflict of interest exists, the GRANTEE may be disqualified from further consideration for the award of a Grant 3 Page 100 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS ln the event this Grant is terminated as provided above, COMMERCE shall be entitled to pursue the same remedies against the GRANTEE as it could pursue in the event of a breach of the Grant by the GRANTEE. The rights and remedies of COMMERCE provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which COMMERCE makes any determination under thís clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this Grant. 12. COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Grant shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. ln the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the GRANTEE hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Grant, but that incorporate pre-existing materials not produced under the Grant, the GRANTEE hereby grants to COMMERCE a nonexclusive, royalty-free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The GRANTEE warrants and represents that the GRANTEE has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The GRANTEE shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Grant, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Grant. The GRANTEE shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the GRANTEE wíth respect to any Materials delivered under this Grant. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the GRANTEE. 13. DISPUTES Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director of COMMERCE, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: . be in writing;. state the disputed issues;r state the relative positions of the pafties;. state the GRANTEE's name, address, and Contract number; and. be mailed to the Director and the other party's (respondent's) Grant Representative within three (3) work¡ng days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Director or the Director's designee and the requestor within five (5) working days. The Director or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Director or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. 4 Page 101 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Grant shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 14. DUPLICATE PAYMENT COMMERCE shall not pay the GRANTEE, if the GRANTEE has charged or will charge the State of Washington or any other party under any other Grant, subgranVsubcontract, or agreement, for the same services or expenses. 15. GOVERNING LAW AND VENUE This Grant shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 16. INDEMNIFICATION To the fullest extent permitted by law, the GRANTEE shall indemnify, defend, and hold harmless the state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of the state, from and against all claims for injuries or death arising out of or resulting from the performance of the contract. "Claim" as used in this contract, means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorneys fees, attributable for bodily injury, sickness, disease, or death, or injury to or the destruction of tangible property including loss of use resulting therefrom. The GRANTEE's obligation to indemnify, defend, and hold harmless includes any claim by GRANTEE's agents, employees, representatives, or any subgrantee/subcontractor or its employees. GRANTEE expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to GRANTEE'S or any subgrantee'sisubcontractor's performance or failure to perform the Grant. GRANTEE'S obligation to indemnify, defend, and hold harmless the State shall not be eliminated i:r reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials. The GRANTEE waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. r7" INDEPENDENT CAPACITY OF THE GRANTEE The parties intend that an independent contractor relationship will be created by this Grant. The GRANTEE and its employees or agents performing under this Contract are not employees or agents of the state of Washington or COMMERCE. The GRANTEE will not hold itself out as or claim to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the GRANTEE make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the GRANTEE. 18. INDUSTRIAL INSURANCE COVERAGE The GRANTEE shall comply with all applicable provlsions of Title 51 RCW, lndustrial lnsurance. lf the GRANTEE fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, COMMERCE may collect from the GRANTEE the full amount payable to the lndustrial lnsurance Accident Fund. COMMERCE may deduct the amount owed by the GRANTEE to the accident fund from the amount payable to the GRANTEE by COMMERCE under this Contract, and transmit the deducted amount to the Department of Labor and lndustries, (L&l) Division of lnsurance Services. This provision does not waive any of L&l's rights to collect from the GRANTEE. 5 Page 102 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS I9. LAWS The GRANTEE shallcomply with allapplicable laws, ordinances, codes, regulations and policies of local and state and federal governments, as now or hereafter amended including, but not limited to: Washington State Laws and Regulations A. Affirmative action, RCW41.06.020 (1). B. Boards of directors or officers of non-profit corporations - Liability - Limitations, RCW 4.24.264. C. Disclosure-campaign financeslobbying, Chapter 42.17a RCW. D. Discrimination-human rights commission, Chapter 49.60 RCW. E. Ethics in public service, Chapter 42.52 RCW. F. Office of minority and women's business enterprises, Chapter 39.19 RCW and Chapter 326-02 WAC. G. Open public meetings act, Chapter 42.30 RCW. H. Public records act, Chapter 42.56 RCW. l. State budgeting, accounting, and reporting system, Chapter 43.88 RCW. 20. LICENSING. ACCREDITATION AND REGISTRATION The GRANTEE shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 2I. LIMITATION OF AUTHORIW Only the Authorized Representative or Authorized Representative's delegate by writing (delegation to be made prior to actíon) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this contract is not effective or binding unless made in writing and signed by the Authorized Representative. 22. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Grant, the GRANTEE shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. ln the event of the GRANTEE's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded, canceled or terminated in whole or in part, and the GRANTEE may be declared ineligible for further Grants with COMMERCE. The GRANTEE shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. 23. POLITICAL ACTIVITIES Political activity of GRANTEE employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17a RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 6 Page 103 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 24. PUBLICITY The GRANTEE agrees not to publish or use any advertising or publicity materials in which the state of Washington or COMMERCE's name is mentioned, or language used from which the connection with the siate of Washington's or COMMERCE's name may reasonably be inferred or implied, without the prior written consent of COMMERCE. 25. RECAPTURE ln the event that the GRANTEE fails to perform this Grant in accordance with state laws, federal laws, and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the GRANTEE of funds under this recapture provision shall occur within the time period specified by COMMERCE. ln the alternative, COMMERCE may recapture such funds from payments due under this Grant. 26. RECORDS MAINTENANCE The GRANTEE shall maintain books, records, documents, data and other evidence relating to this Grant and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Grant. GRANTEE shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Grant, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. lf any lÍtigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved 27. REGISTRATION WITH DEPARTMENT OF REVENUE lf required by law, the GRANTEE shall complete registration with the Washington State Department of Revenue. 28. RIGHT OF INSPECTION The GRANTEE shall provide right of access to its facilities to COMMERCE, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Grant. 29- SAVINGS ln the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Grant and prior to normal completion, COMMERCE may terminate the Grant under the "Termination for Convenience" clause, without the ten calendar day notice requirement. ln lieu of termination, the Grant may be amended to reflect the new funding limitations and conditions. 7 Page 104 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 30. SEVERAB¡LIW The provisions of this Grant are intended to be severable. lf any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainde¡ of the Grant. 3I. SITE SECURITY While on COMMERCE premises, GRANTEE, its agents, employees, or subcontractors shall conform in all respects with physical, fire or other security policies or regulations. 32. SUBCONTRACTING ln no event shall the existence of any contract entered into by GRANTEE for performance of any part of the scope of work by a contractor or any subcontractor operate to release or reduce the liability of the GRANTEE to COMMERCE for any breach in the performance of the GRANTEE's obligations under this Grant. Additionally, the GRANTEE is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this agreement are carried forward to any contractors/subcontractors retained by the GRANTEE or to a subcontractor in any tier. 33. SURVIVAL The terms, conditions, and warranties contained in this Grant that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Grant shall so survive. 34. TAXES All payments accrued on account of payroll taxes, unemployment contributions, the GRANTEE's income or gross receipts, any other taxes, insurance or expenses for the GRANTEE or its staff shall be the sole responsibility of the GRANTEE. 35. TERMINATION FOR CAUSE ln the event COMMERCE determines the GRANTEE has failed to comply with the conditions of this Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before suspending or terminating the Grant, COMMERCE shall notify the GRANTEE in writing of the need to take corrective action. lf corrective action is not taken within 30 calendar days, the Grant may be terminated or suspended. ln the event of termination or suspension, the GRANTEE shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Grant and the replacement or cover Grant and all administrative costs directly related to the replacement Grant, e.9., cost of the competitive bidding, mailing, advertising and staff time. I Page 105 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or prohibit the GRANTEE from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the GRANTEE or a decision by COMMERCE to terminate the Grant. A termination shall be deemed a "Termination for Convenience" if it is determined that the GRANTEE: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition to any other rights and remedies, provided by law. 36. TERM¡NATION FOR CONVENIENCE Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. lf this Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this Grant for services rendered or goods delivered prior to the effective date of termination. 37. TERMINATION PROCEDURES Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant, may require the GRANTEE to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this Grant as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the GRANTEE the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the GRANTEE and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the AGENT shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this Grant. COMMERCE may withhold from any amounts due the GRANTEE such sum as the AUTHORIZED REPRESENTATIVE determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the AUTHORIZED REPRESENTATIVE, the GRANTEE shall: 1. Stop work under the Grant on the date, and to the extent specified, in the notice; 2. Place no further orders or subgrants/subcontracts for materials, services, or facillties except as may be necessary for completion of such portion of the work under the Grant that is not terminated; 3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the AUTHORIZED REPRESENTATIVE, all of the rights, title, and interest of the GRANTEE under the orders and subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its discretlon, to settle or pay any or all claims arising out of the termination of such orders and subg rants/su bcontracts; 4. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the AUTHORIZED REPRESENTATIVE to the extent AUTHORIZED REPRESENTATIVE may require, which approval or ratification shall be final for all the purposes of this clause; I Page 106 GENERAL TERMS AND GONDITIONS GENERAL GRANT STATE FUNDS 5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the AUTHORIZED REPRESENTATIVE any property which, if the Grant had been completed, would have been required to be furnished to COMMERCE; 6. Complete performance of such part of the work as shall not have been terminated by the AUTHORIZED REPRESENTATIVE; and 7. Take such action as may be necessary, or as the AUTHORIZED REPRESENTATIVE may direct, for the protection and preservation of the property related to this Grant, which is in the possession of the GRANTEE and in which COMMERCE has or may acquire an interest. 38. TREATMENTOFASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the GRANTEE, for the cost of which the GRANTEE is entitled to be reimbursed as a direct item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property by the GRANTEE. Title to other property, the cost of which is reimbursable to the GRANTEE under this Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this Grant, or (ii) commencement of use of such property in the performance of this Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the GRANTEE shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this Grant. B. The GRANTEE shall be responsible for loss or to of COMMERCE that results from the negligence of the GRANTEE or which the on the part of the to maintain and administer that property in accordance with sound management practices. C. lf any COMMERCE property is lost, destroyed or damaged, the GRANTEE shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The GRANTEE shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this Grant All reference to the GRANTEE under this clause shall also include GRANTEE'S employees, agents or subgrantees/subcontractors. 39. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such in writing and signed by Authorized Representative of COMMERCE. 10 Page 107 Attachment A Scope of Work These funds will be used for capital expenditures for the first phase of preconstruction activities of the Kent East H¡ll YMCA to be located at 10600-10920 Avenue and 248th Street in Kent. This includes, but is not limited to, demolition of existing improvements, planning and design of the park consolidation/renovation/expansion that will accommodate a new East Hill YMCA and construction of site improvements. The phase of the project will provide for the site planning to combine the properties into one renovated community park and complete site preparation work for the YMCA and park renovation wo¡k. First phase of the project is estimated to be completion by May 2018 All project work completed with prior legislative approval. The "Copyright Provisions", Section 12 of the General Terms and Conditions, are not intended to apply to any architectural and engineering design work funded by this grant, CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and approved by the GRANTEE's governing body as of the date and year written below. GRANTEE TITLE DATE Page 108 Attachment B Budget Line ltem Amount Architecture & Engineering $300.000.00 Site Acquisition $374.730.00 Construction $1,661 ,000.00 Capitalized Equipment $0.00 Construction Manaqement $60,000.00 Other $0.00 Total Contracted Amount:$2.395.730.00 CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that the Project Budget set forth above has been reviewed and approved by the GRANTEE's governing body or board of directors, as applicable, as of the date and year written below. GRANTEE TITLE DATE Page 109 Attachment G Certification of the Availability of Funds to Complete the Proiect cËRIrFrcATloN PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that project funding from sources other than those provided by this contract and identified above has been reviewed and approved by the GRANTEE's governing body or board of directors, as applicable, and has either been expended for eligible Project expenses, or is committed in writing and available and will remain committed and available solely and specifically for carrying out the puiposes of this Project as described in elsewhere in this contract, as of the date and yeai wñtten below. The GRANTEE shall maintain records sufficient to evidence that it has expended or -has access to the funds needed to complete the Project, and shall make such records available for COMMERCE'S review upon reasonable request. GRANTEE TITLE DATE Non-State Funds Amount Total Citv of Kent Capital Budget $1,536.000.00 Citv of Kent Land Acquisition Budget $374,730.00 Total Non-State Funds $1.910.730.00 $1 ,910,730.00 State Funds BudqetState $485,000.00 $485,000.00 Total Non-State and State Sources $2,395,730.00 Page 110 I Attachment D Certification of the Payment and Reporting of Prevailing Wages CERTIFICATION PERFORMANCE MEASU RE The GRANTEE, by its signature, certifies that all contractors and subcontractors performing work on the Project shall comply with prevailing wage laws set forth in Chapter 39. 12 RCW, as of July 't , 2O1S including but not limited to the filing of the "statement of lntent to Pay Prevailing Wages" and "Affidavit of Wages Paid'as required by RCW 39.12.040. The GRANTEE shall maintain reior¿s sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for COMMERCE'S review upon request. lf any state funds are used by the GRANTEE for the purpose of construction, applicable State Prevailing Wages must be paid. The GRANTEE, by its signature, certifíes that the declaration set forth above has been reviewed and approved by the GRANTEE's governing body as of the date and year written below. GRANTEE TITLE DATE Page 111 Attachment E Certification of lntent to Enter the Leadership in Energy and Environmental Design (LEED) Certification Process CERTIFTCATI9N PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that it will enter into the Leadership in Energy and Environmental Deiign certification process, as stipulated in RCW 39.35D, as applicable to the Project funded by this contráct. The GRANTEE shall, upon receipt of LEED certification by the United States Green AúitOing Council, provide documentation of such certification to COMMERCE. The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and approved by the GRANTEE's governing body or board of directors, as applicable, as of the date and year written below. GRANTEE DATE TI Page 112 KENT PARKS, RECREATTON AND COMMUNTTY SERVTCES Julie Parascondola, CPRP, Director Phone: 253-856-5 100 Fax: 253-856-6050 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 March L6,2OL7 Kent City Council Parks and Human Services Committee Julie Parascondola, Director of Parks, Recreation & Community Services Tobacco Use in Parks - Informational ilÀ9hrx6toÞ DATE: TO: FROM: SUBJECT: MOTION: N/A SUMMARY: One of the primary purposes and functions of a public park is to provide safe, welcoming places for all genders, faiths, ethnicities and abilities to enjoy and pursue physical activity, healthy lifestyles and leisure experiences through nature, which have been proven to assist in combating chronic disease, an increased prevalence of sedentary lifestyles, stress reduction and poor nutrition habits. Parks and open spaces contribute to a healthier Kent community. Smoking and tobacco use in parks is contrary to this goal. The Parks, Recreation and Community Services Department and the Parks and Recreation Commission is asking the Council to consider implementing. a Tobacco/Smoke Free Parks Ordinance. Julie Parascondola, Director of the Parks, Recreation and Community Services Department, will present background information and implementation options for the Committee regarding smoking and tobacco use in parks, with the intent to move toward formal action by the Committee in April. EXHIBITS: Tobacco and Smoke Free Parks Background - March 20L7 BUDGET IMPACT: N/A Page 113 Page 114 KENT WÀsHrNÕToñ DEPARTMENT OF PARKS, RECREATION AND COMMUNITY SERVICES SMoKING/TOBACCO lN PARKS DTSCUSSTON PAPER I PARKS & HUMAN SERVTCES COMMTTTEE I MARCH 2017 PURPOSE OF DISCUSSION The purpose of this discussion poper is lo ossist City of Kent policy leoders lo decide on whether to enoct on ordinonce reslricling lobocco consumption ond/or smoking in ifs public porks ond open spoces, in on effort to contribute to the profeclion of the heolth of our community, workforce, visitors ond environmenl ond to encouroge smokers to quit, discouroge non-smokers from storling (especiolly youth) ond to reduce exposure lo secondhond smoke. COMMON TYPES OF BANS l. Tobocco ond Smoke Free Porks - System Wide 2. Tobocco ond Smoke Free Spoces - Designoled Areos Only (Ploygrounds, Athletic Complexes) 3. No Chonge in Policy *Con split out ond hove jusl "smoke free" porks, insleod of oll tobocco producls. TYPES OF POTICY Creole o Pork.Policy Only, Non-Ordinonce, No Penolly with Voluntory Complionce, similor to whot is in ploce now for Athletic Complexes. 2. Adopt o Kent Ordinonce wilh Penolty, within Title 4, Recreotion ond the Arts, Chopter 4.01 Porks ond Recreotion. o. The Council could elect to impose criminol or monetory penolties. Assuming the City would only be interesled in o monelory penolty. if Council did not wont to rely on KCC 4.0ì .220(A) ond freot o violotion os o closs I civilinfroction, it could pick ony fine omount il thought wos oppropriote-$25, $50, etc. b. lf o seclion were 1o be odded to Ch. 4.01 KCC ond no specific penolty wos identified, KCC 4.01.220(A) would kick in, which provides thol ony violotion of o secfion of Ch.4.0l KCC is o closs I civil infroction. This infroclion corries o bose penolly of $250, but once cosls ond ossessments ore odded,lhe totolcost increoses to $5ì3. Note: lf on ordinonce is odopted, implicolions on sloff smoking in porks, conlroclors, etc. will oll be impocled ond policies ond procedures will need lo be odjusted os well. CURRENT [AWS, REGUTATIONS OR POTICIES ADDRESSING PUBTIC SMOKING ¡ The Woshinoton Stole Smokinq in Public Ploces Low (previously the Cleon lndoor Air Act), enocted in 2005. prohibits smoking in "public ploces" including bors, restouronts. ond privole residences used to provide childcore ond other sociol services, with o minimum of 25' between designoled smoking oreo's ond Page 115 a entronces. While this low mokes greof strides to curb lhe detrimenlol effects of cigorette smoke in enclosed spoces, il does litlle lo oddress lobocco use in public ouldoor spqces. See Exhibil B for detoils. Woshington Stole Low prohibits the use of oll lobocco producls on public school property ond requires eoch school district boord of direclors 1o hove o wrilfen policy prohibiting tobocco producl use on school property. RCW 284.21 0.31 0. Porks, Recreotion ond Community Services, Deporlmentol Policy ó.15: Smokino of Alhlelic Events. Smoking or lhe use of ony kind of tobocco product sholl be prohibited on or neor oll Cily of Kenl othlefic fields while youth gomes or proctices ore in session. See Exhibit C for detoils. Citv of Kent, Personnel Policy 2.3 Smokinq ond Tobocco Use. lt is the policy of the City of Kenl lo prolecl ond promote the heolth of ils employees, mointoin o sofe ond heollhfulworking environment, comply with Deporlment of Lobor ond lndustries rules on environmentol lobocco smoke (ETS) in offices. ond promote the prolection of Cily property. See Exhibit D for detoils. ln regords to morijuono use ond its link to "smoke" or tobocco, it is currently illegol to consume morijuono in view of the public. (Woshington Slole Liquor ond Connobis Boord, 20ì7) a BACKGROUND Pork ond recreotion ogencies ore criticolstewords of public heolth - preserving ond promoting occess lo millions of ocres of porklond thot bring logether people of oll genders, foiths, elhnicities ond obililies 1o pursue physicol octivity, heolthy lifestyles ond leisure experiences. Currenlly, over 1,2ó6 pork ond recreolion ogencies ocross lhe counlry hove deemed their focilities lobocco-free. (NRPA. 2012) Prohibiting fobcrcco consumplion ond use of pork ond recreotion focilities will shield visitors, especiolly children who ore eosily influenced by odulls, from unheolthy behovior ond dongerous exposure to secondhond smoke. Additioncrlly, this prohibition will prevent millions of cigorelte bults ond filters, mosl of which never decompose ond con horm plonts, gross ond onimols, leech inlo slreoms, or couse fires of pork ond recreotion focililies. from being lefl behind by tobocco users ond odd to mointenonce ond custodioloperofion costs. Eoch doy, tobocco consumption ond use steols time. heolth, money, energy ond life owoy Írom 42 million Americon odults ond 3 million middle ond high school sludents. Tobocco is the leoding couse of prevenfoble deoth ond diseose in lhe United Stotes ond exposes users to immediote ond longìerm domoge. Attitudes ond opinions obout the consumption of tobocco hove shifted in recenf decodes, ond scientific reseorch hos repeotedly confirmed lhe donger of fobocco use. As pork ond recreotion ogencies seek to improve public heolth, protect the environmenl, ond uphold public lrusl, prohibiting the use or consumpfion of tobocco of our boll fields, recreoiion centers, porks. splosh pods ond wolking troils will go o long woy towords encouroging heolthier lifestyles omong lhe fomilies ond communilies we serve. The benefits of o tobocco orohibilion include: ¡ Heolthier recreolionol environments thol promote physicoloctivity, encouroge personoldevelopment, ond minimize exposure to tobocco use ond secondhond smoke. ¡ Less tobocco use ond initiotion omong child qnd odult visitors of pork ond recreotion focilities. r More public oworeness obouf the dongers of tobocco use ond secondhond smoke exposure. . Betfer heolth equity ond fewer heolth disporities omong visitors lo pork ond recreotion focilities. 2 Page 116 a a a Cleoner porks thol contribule to o high quolily recreofion experience becouse lhey ore free of lobocco. secondhond smoke ond cigorette bufls. Fewer corcinogens, foxic melols ond poisonous goses from secondhond smoke ond lobocco products fhol impocf humon heolth, worsen oir quolity ond impoir physicol octivify necessory to fully enjoy pork ond recreotion f ocilities. Fresher oir, smoke{ree focilities ond betfer respirotory heolth for ollvisitors lo pork ond recreotion focililies. Less risk in droughf, dry monlhs of fire cotching from dropped cigoretfe butts. The opposile side of o lobocco orohibition include: ¡ The freedom to choose is on Americon volue thot is often token for gronled. People choose to spend more money when they ore in debt ond to eot junk food when lhey hove high cholesterol. And lhey con cþoose to smoke despite the risk of lung concer. . Hond-holding policies creole o greofer sociol stigmo ogoinst smokers ond encouroge o generotion of odults fhot ore unoble to moke decisions confidenlly. Assuming personol responsibilily for negotive choices is port of being on odull. . Life emphosizes personcrf growlh ond o person con'l flourish if they're not permilted control of lheir own heollh decisions. Decisions lhot should be undeniobly intrinsic lo the individuol. ¡ lnstilulions shouldn't meddle in personol offoirs every time o poor decision is mode. ¡ From o historicol perspective, bonning oddictive substonces hove nol worked. Prohibition during the 1920s proved lhol bonning olcohol octuolly coused more horm lhon good. Underground bors, known os speokecrsies, popped up everywhere. Alcohol become the golden item lo smuggle ond sellillegolly. ¡ An ollernotive to bonning smoking con be lo offer smoking cessotion progroms to help smokers cut their oddiction. ¡ As smoking odvertisemenfs ore groduolly eliminoled, cigorette prices continue to rise ond onti-smoking compoigns ore goining momentum, smokers ore huddled in c designoted smoking corner. ll is cleor thot people ore owore of the dongers of smoking. Tobocco producls should be discouroged but in the end, o direct infringemenl on people's rights should be considered. o Vope "smoke" is nol smoke, whot's the horm. ¡ Culturol borriers could influence decisions. . Smokers ond tobocco users poy loxes too. It is importont lo underslond, if o policy is creoted 1o enocl o reslriction or bon on smoking ond/or tobocco reloled products, we ore not toking owoy on individuol's right lo smoke or use lobocco, we ore simply osking thal it be deloyed or withheld while ottending c public pork. Smokers ond lobocco users in Woshington Stole ore olreody used lo smoking in designoied oreos due to the Cleon Air Act odopled in 2005. This policy considerotion would extend the smoking limitotion to public porks ond its recreolion ond open spoces. ll is olso importonl lo nole, this bon does not exclude the individuol. it excludes the behovior. PARKS AND RECREATION COMMISSION At fhe Februory 28,2012 Porks ond Recreotion Commission meeting, this lopic wos presenied ond discussion occurred omong the I I members presenf . lt wos ogreed, wifh o vole of 9-2, rn supporf of o polìcy reslrìcting fhe use of smoke and iobocco producls pork syslem wìde lhrough KCC ordìnonce wílh o nomìnol îee esfoblrshed by the appropríote parly. Concerns included the obility to enforce or sustoin the progrom ond the perceived infringements on o person's rights. Supporf focused oround keeping tobocco ond smoke products owoy from both youlh ond odult users ond lheir recreotionol or noture experience, obout trying to discouroge deslruclive behovior linked lo rising heqlth core costs our tox dollors hove to lofer supporl <rnd to recognize lhe primory purpose of o pork is for recreotion, physicoloclivity ond/or exposure lo fresh oir ond noture. 3 Page 117 DATA AND STATISTICS King County residents wonl tobocco ond smoke-free porks ond beoches. The mojority of the residents (72%) supporl prohibiting smoking in ouldoor public oreos. (King Counfy. Tobocco-Free Porks Policy tmptemenloTion Guide, June 20r r) Within the City of Kenf : (King County City HeolTh Profile Kent, October 20ì2) Top 2 leoding couses of deoth in lhe City of Kent ore Concer ond Heort Diseose. Smoking ronked Zrh oul of 25 indicolors (which is significontly higher thon the King County overoge) os o heolth risk foclor likely influencing the developmenl of o diseose. Smoking during pregnoncy ronked 9m out of 25 indicotors (which is significontly higher thon the King Counfy overoge) thot influence pregnoncy risks. 18% oÍ residents in the Eosl, l4% ol residents in the SE ond I l% of residenls in lhe Wesl ore current smokers - 43%lotol. Within King County: (King Counly Public Heolth,20ì7) . Neorly ì in 5 Students in King Countywere using o lobocco product in2O14. ¡ Almost 'l in 5 deqths ín King County ore coused by smoking. . E-cigorette use omong sludents increosed lrom3%in2Ol2lo 14%in2014. SUSTAINABI IITY AN D ENFORCEMENT Source: King County Public Heolth, 20ì7 Todoy, more thon ever, community leoders undersfond thot improving the heqlth ond well-being of individuols ond fomilies meons chonging heollh+eloted behoviors-ond thol meons oddressing foctors thot influence lhose behoviors. Communities need to ensure thol lhey moinloin lhe copocity to work in portnership to identify ond oddress public heolth chollenges, ond thol lheir resulting heolfh iniliotives con hove losting-thot is, sustoinoble-impoct. Sustoinobilily is oboul creoting ond building momenlum to moinloin community-wide chonge by orgonizing ond moximizing community ossels ond resources. lt meons institulionolizing policies ond proclices wilhin communities ond orgonizotions. Communicotion ond enforcemenl ore cruciolto ensuring losting chonge ond moking o difference in people's lives. Policy Promotion/Communicolion . lssue press releoses upon implementofion highlighting new policy ond informing community. . lnstoll oppropriote number of signs of prominenl locotions wilhin fhe pork ond/or porking lots. . Use bonners or olher temporory signs to celebrole implementotion of new policy. . Lounch full yeor sociol medio compoigns using web/sociol chonnels to educote ond inform community . Highlight policy chonge in oll porks ond recreolion morketing collolerol, where oppropriote. . Adjusl ony porollelCity policies thot ore impocted by this new policy (HR policies, unions. elc.) . Add policy longuoge to oll relevont pork forms. procedures. (picnic/site rentols, volunteer events, event permits, progromming ond porticiponf forms. etc.) . Troin opplicoble stoff on new policy os well os how lo opprooch ond shore policy informotion wilh pork ond recreolion users on site; creole public leove behind morketing piece for sloff lo hond out. 4 Page 118 Moinloinino Complionce/Enforcement . Require pork stoff to oddress ony viololors oppropriotely, which will be in lhe role of educotion ond communicolion. Pork sfoff connot enforce only inform. Creote simple ond eosy tolking poinls. . Similor lo ofher pork policies, such os olcohol ond litter policies, the primory enforcement loolis signoge ond communicotion lo stoff ond communily. . Continue to include informolion oboul lhe new regulotions in policy monuols, newslellers, ond emoil updotes. . Requiring signed lobocco-free stotements from teoms, porticiponts, cooches, ond porenls is onother woy to notify pork users ond supporl enforcemenf of the policy. . Add longuoge to controctor conlrocts for improvemenfs, reminders for volunteer events, etc. o lf "enforcement" escolotes to low enforcemenl vio Kent Police Deportment {KPD). it is importont to understond, thol ín order to enforce o Kenl City Code. officers hove lo witness lhe violotion occurring themselves. lt is likely thot if o pork polron colls the KPD. the potentiol violotor will hove olreody finished smoking their cigorette. These fypes of o colls, similor to oll olher low enforcement colls will be priorilized by KPD dispotch ond hondled occording to KPD policy. ¡ The mojority of pork users willsee signoge or be opprooched by operotions or progromming sfoff ond mosl likely comply with the requesl. Review/Audit ofter lmplementotion Will conlinue to osk queslions regording tobocco free / smoking in porks on ony onnuol pork user surveys to ossess potron's oworeness ond/or experience with the policy. Willosk grounds crews to monitor tobocco lilter in porks ond use the doto to determine if our policy communicotion is odequolely meeting expectotions. Will review policy of the end of the first yeor ond moke chonges os needed to ensure complíonce ond stoff support. a 5 Page 119 Benton Kennewick Porks 2005 Smoke free ploygrounds,25'rule oround perimeler. Signs posled ot 2ô ploygrounds. Benton Richlond Porks 2006 Smoke f¡ee ploygrounds, 50' rule oround perimeler. Signs posled ol 20 ploygrounds. Benfon West Richlond Porks 2007 Smoke free porks ond spil lobocco ¡s specificolly proh¡blted. Chelon- Douqlos Wenolchee City Porks 20 r0 Cily policy covers oll porks. Signs posled ol ploy oreos, sporls l¡elds ond woding pools. Clork Voncouver & Clork Counfy Porks 2005 Smoke lree ploygrounds, Signs ore poled ol ploygrounds ond reslrooms. Clork Botlleoround Porks 2007 Skqle pork secl¡on is smoke free ond lhere ore des¡gnoled smoking oreos. Columbio Doylon Porks 2010 Smoke lree rones 25' oround ploygrounds, pools, olhlelic complex. Gorfield Pioneer Pork 2008 A pockel pork in Pomeroy is lobocco-lree. 25' rule. Gronl Moses Loke Porks 2006 Rule covers ploygrounds, bollporks, ploy lields, bleochers, reslrooms, concession slond ond onY oubl¡c oolhefino sodce. Kino Auburn All porks ore smoke ond lobocco lree. Kinq Seottle Porks 20r0 All porkr ore smoke ond lobocco lree, Kinq Tukwilo Porks fobocco tree pork! lhroughoul lhe syslem. (Enlorcemenl unknown) Kinq Seofoc Porks Tobocco tree porks lhroughoul lhe syslem, (Enlorcemenl unknown) Kinq Burien Porks Tobocco Free porks lhroughout lhe syslem. (Enlorcemenl unknown) Kinq Sommomish Tobdcco Free porkr lhroughoul lhe sylem. (Enlorcemenl unknown) Kinq Shoreline Tobocco Free porks lhroughoul lhe syslem. (Enforcemenl unknown) KíNq Woodinville All lobocco use proh¡biled wilhín 25'of olher people, ploy oreos ond beoches. Kinq Mercer lslond All lobocco use prohibiled ryilh¡n 25'ol olher people, ploy oreos ond beoches. Kinq Kirklond All lobocco use prohib¡led wilh¡n 25'of olher people. ploy oreos qnd beoches. Kittitcrs Ellensburq 2006 Rule covers ploygrounds, leslrooms, boll llelds, bedches, ond eyenls. Moson Moson Counly Properly 2006 All counly-owned property is smoke lree ¡ncluding porks ond loirgrounds. Pierce Fife 201 6 All porks ore smoke ond lobocco lree, Pierce Puyollup 2004 Enl¡re pork ís smoke free, compl¡once is volunlory Pierce Metro Porks 2009 Porks ore smoke lree ond lhe policy ¡ncludes enforcemenl provisions. Pierce Pierce County Porks 2009 Porks ore smoke free ond lhe policy ¡ncludes enlorcemenl provisions. Skoqit Bokerview Pork 2005 Erd¡re pork is smoke lree. complionce ¡s volunlory Skoqit Cleor Loke Beoch 2005 Enlhe pork is smoke lree, complionce ¡s voluntory Skogit Montgomery-Dubon Heodlonds 2007 Enl¡re pork is smoke lree, compl¡once ¡s volunlory. Skoqit Shorpe Pork 2007 Enlire pork ¡s 3moke lree, complÍonce is volunlory. Snohomish Morysville 200r tirsl pork in Snohom¡sh County lo enocl o pol¡cy. Snohomish Loke Slevens 2008 Smoke free policy includes enforcemenl prov¡s¡on ond line slruclure. Snohomish l3 Snohomish Communily Pqrks 2002 2007 C¡t¡es ol Arllngton, Gron¡le tolls, cold Bor, Monroe, Mukílleo, lndex, Sullon, Snohom¡sh, Everetl, Lynnwood, Mounlloke Terroce, Edmonds, Eolhell Spokqne Spokone Porks 2009 25' rule covers ploygrounds, pools, reskooms, skole porks, ond community evenls. Thurston Olympio 201 8 Tesled in 2005+ designoled lree zones. Slor¡ng ¡n 201 8. oll porks ore smoke ond lobocco free. Thurslon Tumwoter 2007 Enl¡re pork is smoke free, complionce ¡s volunlory. EXHIBIT A -TOBACCO OR SMOKE IREE PARK POLICIES CURRENTTY IN WASHINGTON STATE? Source: 2010 Woshinglon Slote Deportment of Heolth, Tobocco Prevention ond Conlrol Progrom, Stolewide Oulcomes Reporl on Reducing Tobocco in Porks, direci coll inquiries lo CiTies ond CounÌies. Notionol Porks Service I No smoking or voping in ony notionol porks. Woshinglon Stole Porks I Restricted smoking in specific oreos only. 6 Page 120 EXHIBIT B - WASHINGTON STATE RCW 70.I60 SMOK¡NG IN PUBTIC PTACES Chopter 70.1ó0 RCW SMOKING IN PUBTIC PTACES (Formerly: Woshinglon cleon indoor oir ocl) Sections Z0.ló0.0.l I Findings-lntent-2OOó c 2 (lnitiotive Meosure No. 901). 70.160.020 Definifions. 70.1ó0.030 Smoking prohibited in public ploces or ploces of employmenl. 70..ló0.050 Owners. lessees to post signs prohibiting smoking. 70.1ó0.0ó0 lnlent of chopfer os opplied to certoin privoie workploces. 70.160.070 lnfenlionolviololion of chopter-Removing, defocing. or deslroying required sign-Fine- Nolice of infroction-Exceptions-Violotions of RCW 70.ìó0.050-Fine-Enforcemenl. 70.160.075 Smoking prohibited within twenly{ive feel of public ploces or ploces of employmenl- Applicotion to modify presumptively reosonoble minimum disfonce. /0.1 ó0.080 Locol regulolions oulhorized. 70.1 ó0.1 00 Penolty ossessed under this chopler poid to jurisdiction bringing oction. NOTES: Smokíng în munîcipoltronsit vehicle, unlowf ulconducf: RCW 9.91.025. 70.1ô0.0r I Findings-lntent-200ô c 2 (lniliolive Meosure No. 901). The people of the stote of Woshington recognize thol exposure to secondhond smoke is known lo couse concer in humons. Secondhond smoke is o known couse of ofher diseoses including pneumonio. osfhmo. bronchitis, ond heort diseose. Citizens ore oflen exposed to secondhond smoke in the workploce, ond ore likely to develop chronic, potentiolly fotol diseoses os o result of such exposure. ln order to protect lhe heolth ond welfore of oll citizens, including workers in lheir ploces of employment. il is necessory to prohibit smoking in public ploces ond workploces. 12006 c 2 $ I (lnitiotive Meosure No. 901, opproved November 8. 2005).1 NOTES: Coplions nol low-2006 c 2 (lniliotive Meosure No. 90ì): "Coplions used in this oct ore not ony porf of the low." [200ó c 2 $ B (lnitiolive Meosure No. 901, opproved November 8, 2005).] 70.1ó0.020 Delinilions. As used in this chopler, the following lerms hove the meonings indicoled unless lhe conlexl cleorly indicotes olherwise. (1) "Smoke" or "smoking" meons the corrying or smoking of ony kind of lighted pipe, cigor. cigorelte, or ony other lighted smoking equipmenf. (2) "Public ploce" meons thot portion of ony building or vehicle used by ond open to the public, regordless of whether the building or vehicle is owned in whole or in port by privote persons or entities, lhe slole of Woshington, or other public entity, ond regordless of whelher o fee is chorged for odmission, ond includes o 7 Page 121 presumplively reosonoble minimum distonce, os set forth in RCW 70.160.075, of lwenly-five feet from entronces, exifs, windows lhot open, ond venlilotion infokes lhot serve on enclosed oreo where smoking is prohibited. A public ploce does nof include o privote residence unless the privole residence is used to provide licensed child core, foster core, odult core, or of her similor sociol servÌce core on the premises. Public ploces include, buf ore nol limited to:Schools, elevotors, public conveyonces or tronsportotion focílilies, museums, concerl holls, theoters, ouditoriums, exhibition holls. indoor sports orenos, hospitols, nursing homes, heolth core focililies or clinics, enclosed shopping cenlers, retoilsfores, retoil service estoblishments. finonciolinstitulions, educotîonol focililies, tickel oreos, public heoring focililies, stote legislotive chombers ond immediotely odjocent hollwoys. public reslrooms, librories, reslouronts, woiting oreos, lobbies, bors, toverns, bowling olleys, skoling rinks, cosinos, recepfion oreos, ond no less thon sevenly-five percenl of lhe sleeping quorlers within o hotel or mofel thot ore renled lo guests. A public ploce does not include o privole residence. This chopter is not inlended to restrict smoking in privote focilíties which ore occosionolly open to lhe public excepl upon the occosions when the focilily is open to the public. (3) "Ploce of employmenl" meons ony oreo under the control of o public or privote employer which employees ore required lo poss through during lhe course of employmenl, including, but nof limited lo: Entronces ond exils to the ploces of employmenl, ond including o presumplively reosonoble minimum distonce, os set forlh in RCW 70.1ó0.0/5, of twenty-five feet from entronces, exits. windows thot open. ond venlilotion inlokes thot serve on enclosed oreo where smoking is prohibifed;work oreos; restrooms; conference ond clossrooms; breok rooms ond cofeterios; ond olher common oreos. A privote residence or home-bosed business. unless used to provide licensed child core, fosler core, odulf core, or other similor sociol service core on fhe premises, is not o ploce of employment. 12006 c 2 $ 2 (lnitiotive Meosure No. ?01, opproved November B. 2005); l9B5 c 23ó g 2.1 NOTES: Coplions not low-2006 c 2 (lnitiotive Meosure No. 901): See nole following RCW 70.ló0.01 l. 70.r 60.030 Smoking prohibited in public ploces or ploces ol employmenl. No person moy smoke in o public ploce or in ony ploce of employment. 12006 c 2 $ 3 (lnitiotive Meosure No. 901, opproved November 8, 2005); 1985 c 23ó g 3.1 NOTES: Coplions not low-2006 c 2 (lniliotive Meosure No. 901): See note following RCW 70.1ó0.0.I I. 70.160.0s0 Owners, lessees lo posl signs prohibiling smoking Owners, or in the cose of o leosed or rented spoce the lessee or other person in chorge, of o ploce reguloted under this chopter sholl prohibil smoking in public ploces ond ploces of employment ond sholl post signs prohibiting smoking os oppropriote under this chopter. Signs sholl be posted conspicuously of eoch building entronce. ln fhe cose of retoilslores ond reloilservice esfoblishments, signs sholl be posled conspicuously ol eoch entronce ond in prominent locolions lhroughout the ploce. 12006 c 2 $ 4 (lnitiotive Meosure No. 901, opproved November B, 2005); t9B5 c 23ó g S.l NOTES: Coplions nol low-2006 c 2 (lnitiotive Meosure No. 90'l): See note following RCW 70.1ó0.01 l. I Page 122 70.1ó0.0ó0 lnlenl of chopler os opplied lo cerloin privole workploces. This chopter is not intended to regulote smoking in o privote enclosed workploce, within o public ploce, even though such workploce moy be visiled by nonsmokers, excepling ploces in which smoking is prohibiled by the chief of the Woshington stole polrol. through the director of fire protection, or by olher low, ordinonce, or regulofion. [ l995 c 3ó9 $ ó0; 1986c2669 121: l9B5 c 23ó $ ó.] NOTES: Etfective dqle-l995 c 3ô9: See nole following RCW 43.43.930. Severobilily-'|986 c 266: See note following RCW 38.52.005. 70.r 60.070 lnlenlionqlviololion of chopler-Removing, defocing, or destroying required sign-Fine-Nolice of infroclion- Exceplions-Violqlions of RCW 70. I 60.050-tine-Enforcemenl. (l ) Any person intentionolly violoting this chopter by smoking in o public ploce or ploce of employment, or ony person removing, defocing, or destroying o sign required by this chopler, is subject lo o civilfine of up 1o one hundred dollors. Any person possing by or fhrough o public ploce while on o public sidewolk or public rightof-woy hos not inlentionolly violofed this chopler. Locol low enforcemenl ogencies sholl enforce this section by issuing o nolice of infroction to be ossessed in the some monner os troffic infroclions. The provisions conloined in chopter 4ó.ó3 RCW for the disposition of troffic infroctions opply lo the disposition of infroctions for violotion of this subseclion except os follows: (o) The provisions in chopler 4ó.ó3 RCW reloting lo the provision of records to lhe deporlment of licensing in occordonce with RCW 4ó.20.270 ore not opplicoble to this chopler; ond (b) The provisions in chopter 4ó.ó3 RCW reloting to the imposition of sonctions ogoinst o person's drive/s license or vehicle license ore not opplicoble to fhis chopter. The form for the nolice of infroction for o viololion of this subseclion sholl be prescribed by rule of lhe supreme courl. (2) When viololions of RCW Z0.l ó0.050 occur. o worning sholl firsl be given to lhe owner or olher person in chorge. Any subsequent violotion is subject to o civilfine of up to one hundred dollors. Ecrch doy upon which o violotion occurs or is permitted to conlinue constitutes o seporote viololÍon. (3) Locol heolth deporlmenls sholl enforce RCW 70.1ó0.050 regording the duties of owners or persons in control of public ploces ond ploces of employment by either of the following octions: (o) Serving notice requiring the correction of ony viololion; or (b) Colling upon the city or lown oftorney or county prosecutor or locol heolth deportment oltorney lo mointoin on oction for on injunclion lo enforce RCW 70.1ó0.050, to correcf o violotion. ond to ossess ond recover o civil penolly for the viololion. 12006 c 2 $ 5 (lnitiotive Meosure No. 901, opproved November 8, 2005); t985 c 23ó g 7.1 NOTES: Coplions not low-2006 c 2 (lniliotive Meosure No. 901): See note following RCW Z0.ló0.01 l. I Page 123 70.r 60.075 Smoking prohibited wilhin lwenty-five feel of public ploces or ploces of employmenl-Applicqlion lo modify presumplively reosonoble minimum dislonce. Smoking is prohibiled within o presumplively reosonoble minimum dislonce of fwenly-five feel from entronces, exils, windows thof open, ond ventilolion inlokes thol serve on enclosed oreo where smoking is prohibiled so os to ensure thol tobocco smoke does nol enter the oreo through entronces, exits, open windows, or other meons. Owners, operotors, monogers, employers, or olher persons who own or conlrol o public ploce or ploce of employment moy seek to rebul the presumplion thot lwenly-five feet is o reosonoble minimum distonce by moking opplicotion lo lhe director of the locol heolth deportment or district in which the public ploce or ploce of employment is locoted. The presumption will be rebulted if the oppliconl con show by cleor ond convincing evidence thot, given the unique circumstonces presented by the locolion of entronces, exits, windows fhol open, ventilotion intokes, or other foctors, smoke will nol infiltrote or reoch the enlronces, exits, open windows, or ventilotion inlokes or enler into such public ploce or ploce of employment ond, therefore, the public heollh ond sofety will be odequotely protected by o lesser distonce. [200ó c 2 $ ó (lnitiotíve Meosure No. 901, opproved November B, 2005).] NOTES: Coplions nol low-2006 c 2 (lnitiolive Meosure No. 901): See note following RCW 70.1ó0.01 l. 70.r ó0.080 [ocol regulqlions oulhoilzed. Locol fire deportments or fire districts ond locol heollh deporlments moy odopf regulotions os required to implemenl this chopter. [ 1985 c 23ó $ 9.] 70.r 60.100 Penolly ossessed under lhis chopter poid lo jurisdiction bringing qclion. Any penolty ossessed ond recovered in on oction brought under this chopfer sholl be poid to the city or county bringing the octioh. l0 Page 124 EXHIBIT C - CITY OF KENT, PARKS, RECREATION AND COMMUNITY SERVICES, POLICY 6.I5 sEcTloN 6, POUCY NO.6.15 SMOKING AT ATHTETIC ACTIVITIES RECREATION DIVISION REFERENCES: CITY POLICY 7.3 1.0 Policy l.ì 1.2 Smoking or lhe use of ony kind of lobocco product sholl be prohibited on or neor oll City of Kenl othletic fields while youth gomes or proclices ore in session. All porliciponls in Kenl Porks ond Recreotion octivilies sholl slriclly odhere to Kent School Districf policy #1428 while porticipoting on schooldistrict properly. The policy stotes: Effective September 1,1991, ond in occordonce with stote low, smoking or lhe use of ony kind of tobocco product sholl be prohibited on oll district propçrty, including othletic fields ond district vehicles. This policy is opplicoble to oll persons employed by the district; studenfs enrolled in lhe districl; volunleers; outside conlroctors; ond oll olher persons who, for whotever reoson of whotever time, occupy or use district property. 2.O Procedure 2.1 The policy sholl be included in oll leogue rules. reviewed of oll cooches' meetings, ond printed on oll leogue schedules. 2.2 Foilure to comply with lhe policy moy resull in exclusion from the progrom. ll Page 125 EXHIBIT C - CITY OF KENT PERSONNET POLICY 7.3 SMOKING AND TOBACCO USE EFFECTIVE DATE: Jonuory 1 ,2007 POLICY lf is the policy of the City of Kent to proiect ond promote the heolfh of ifs employees. moinloin o sofe ond heolthfulworking environmenl, comply with Deportment of Lobor ond lndustries rules on environmenlollobocco smoke (ETS) in offices, ond promole the protection of City property. 2.3.I DEFINITIONS: Environmentol tobocco smoke (ETS): o mixture of smoke emiffed from burning tobocco products ond smoke exholed by the smoker. ETS is olso commonly referred lo os second-hond smoke. Exposure fo ETS is often referred to os possive smoking or involuntory smoking. ETS is o complex chemicol mixlure. mode up of thousonds of different subslonces. Tobocco products: olso commonly referred lo os lobocco chew or smokeless tobocco. Office worksite: includes ony indoor or enclosed occupied spoce where octivities such os clericol. odministrotive. or business ore tronsocted. All worksiles thot foll wilhin the jurisdiction of fhe Woshington lndusfriol Sofety ond Heolth Act (WISHA) ore requíred to comply with the Deportment of Lobor ond Indusfries rules ond regulofions. 7.3,2 AREAS DESIGNATED AS NO SMOKING AREAS: A. All City buildings. enclosed focilities, ond vehicles ore designoled os non-smoking oreos. ln oddition, office worksites under WISHA jurisdiction ore olso designoted os non-smoking oreos. B. Smoking is prohibited within lwentyJive (25) feet from entronces, exils, windows fhot open, ond ventilotion infokes thol serve on enclosed oreo. 2.3.3 SMOKING AND USE OF TOBACCO PRODUCTS: A. Smoking ond the use of fobocco products is only ollowed during lhe employee's designoled breoks ond meol periods. B. Employees must oppropriolely dispose of f heir smoking or tobocco by product(s) prior lo returning to officiol duties. 2.3.4 POLICY COMPLIANCE: Foilure of on employee to follow lhis City policy moy result in the employee's discipline, up lo ond including terminotion of employment. 2.3.5 COLLECTIVE BARGAINING AGREEMENTS/CIVIL SERVICE LAWS: Employees covered by Collective Borgoining ogreements, CivilService lows ond rules, or covered by the Low Enforcement Officers ond Firefighter's (LEOFF l) disobilify provisions, will be subject to lhe specific lerms of those ogreements, lows, or rules opplicoble lo smoking ond the use of tobocco in the workploce. ln the event o collective borgoining ogreement does not contoin Smoking Policy provisions. then employees covered by some will be governed by this policy. 12 Page 126 EXHIBIT D - DIFTERENT TYPES OF TOBACCO AND SMOKE PRODUCTS King Counly Heolth Deporlmenl, 2017. E CIGARETTES AND VAPOR PRODUCTS Electronic smoking devices or e-cigoreltes ore bottery operoted devices used to inhole o voporized liquid solufion thot frequently contoin nicoline, flovorings ond other chemicols. Becouse lhe liquid solution is converted into on oerosolvopor. e-cigorelte use is oflen referred lo os "voping," rother fhon smoking. R€chargeabl€ battery Power butlon (to Etart våp¡ng) Mouthpiece II Atom¡zer / Heating elsment {h€¡ls ¡olution. soþli¡¡ng nicolinc) E-liquid tank (refillâbls eJ¡guid nicotine tank) Vape Pen E-cigarette variet¡es Heollh effecls While e-cigorelles do not conloin lobocco, they often conloin nicoline. ¡ The moin horm from nicotine is oddiclion: Nicotine is highly oddictive. . People oddicted lo nicotine con experience significont physicolond psychologicolwilhdrowol symptoms when they try to stop using nicoline. . Nícotine is hormful during pregnoncy. lt con leod lo bobies born of low birth weight, preterm delivery ond stillbirlh. . Nicotine roises heort rote ond blood pressure4 ond moy domoge blood vessels ond heorl muscle. Nicotine ond youth Youlh ore especiolly vulneroble to the foxic effecls of nicotine ¡ The younger one slorts using nicotine, lhe more likely you will become oddicted. . Nicotine use during odolescence moy hove longJosting effects on broin function. including thinking ond behovior. ¡ Nicotine use in e-cigoreltes moy predispose youth towords using tobocco products. Toxicity ond poisonings Nicoline is toxic if spilled on skin or ingesfed in liquid form Mony refilloble liquid nicotine (e-juice) bottles come in eosy lo open pockoging thof is nol child- resistonl. a l3 Page 127 ln lhe first holf of 20ì5 Woshinglon Poison Cenler received 2ì reporls of e-cigoretle exposures ond poisonings in children. Common exposures for children included ploying wilh vope pens, opening the liquid nicoline bottle ond gelting it on their honds, or drinking direclly from liquid nicoline bottles. Secondhond vopor ond heolfh effecls Reseorch on heolth effects of secondhond exposure lo e-cigorelles is still emerging. However, iniliolstudies hove shown the vopor conloins corcinogens. The quonfity of these corcinogens is less thot whot is found in conventionol cigorettes. . E-cigqrette moy couse secondhond voping. . The vopor contoins severol corcinogens, such os formoldehyde. oceloldehyde, leod, nickel, ond chromium. r However, lhe quonfity of these hormful compounds is oflen /ess fhon whol is found in convenlionol cigorelle smoke. . Sodium, iron, oluminum. ond nickel hove been found in hþher concentrotions thon in cigorelte smoke ond ore ossocioted wilh lung irritolion, shortness of breoth, ond chronic bronchilis. Evidence on cessotion E-cigorettes hove nol been scientificolly proven to help smokers quil or reduce consumplion of lroditionol cigoretles. E-cigorettes hove nof been proven sofe or effective by fhe Food ond Drug Administrolion os o quit smoking oid (cessolion device). Smokers wishing to quil con find out sofe ond effective oplions for quilting lobocco. E-cigorelle morketing E-cigorelte monufoclurers ore using morketing toclics used by the tobocco induslry to lure kids to convenlionol cigorettes. Their foctics include slick mogozine ods, sponsorship of concerts ond outo roces, celebrity endorsements ond sweef, colorful flovors. ln oddition, e-cigoreltes ore often oggressívely ploced in convenience stores neor condy. Kid{riendly flovors Refilloble liquid nicotine solulions ore ovoiloble in thousonds of flovors. Mony of the flovors oppeolspecificolly to youlh ond even use lhe some brond nomes os kids' condy, ice creom, cereol products or other treots. TTAVORED TOBACCO The emergence of new flovored lobocco products on lhe morket poses o significont threot 1o the public's heolth especiolly Woshington stote youth. Flovored lobocco oppeols lo youlh Tobocco producls, such os cigors, cigorillos ond snus (teobog-like pouches of tobocco), hove brightly colored pockoging ond ore ovoiloble in o wide orroy of youth{riendly flovors. New dissolvoble lobocco products like orbs (dissolvoble lobocco pellets), sticks. ond slrips closely resemble gum, condy, ond breoth slrips. Flovors mosk tobocco's horshness moking them eosier lo use ond increosing their oppeol to youth. a a a a a a l4 Page 128 A 2OO7 notionol sludy showed thot 17-yeor old youth smokers were 3 limes more likely 1o use flovored cigoretles thon odult smokers over the oge of 25. Nolionolly, 90% ol current odult smokers storfed using tobocco ol or before they turned 18. Youth tobocco use in Woshinglon Youlh smoking hos NOT declined in recenl yeors. 45 youth storl using tobocco every doy ond one lhird of lhem will eventuolly die from it. 13% of youth report smoking cigorettes in the posl month. BUT,20.3% of youth report using, in the posl monlh, non-cigorelle lobocco products such os cigors, chewing tobocco or hookoh - which ore typicolly flovored. I in 5 school-oged youth who use lobocco usuolly gel lheir tobocco from o slore or gos stotion, locotions where flovored products ore generolly dísployed ond sold. Flovored cigors ond chew ore stilllegol to sell ln 2009, the U.S. Food ond Drug Administrotion (FDA) bonned condy ond fruit-flovored cigorettes to prolect our youth from initioling tobocco use. However, lhe bon does not include other lypes of flovored lobocco such os smokeless tobocco or cigors. Moine ond New York City hove closed the loophole by bonning the sole of oll flovored lobocco. HOOKAH SMOKING Hookoh is o woler pipe used lo smoke lobocco, morijuono ond olher substonces. Smoke is creoted through indirect chorcool heot, fillered lhrough woter, ond drown lhrough o rubber hose to o mouthpiece. lt is oflen smoked in group settings using lhe some mouthpiece. Shisho, o mixture of tobocco ond o sweetener (such os molosses) is o commonly-used product for hookoh in the U.S. ond is often flovored lo tosle like fruit or condy. Not o sofe olternotive to cigoreltes Mony hookoh smokers believe thot smoking hookoh is less hormful thon smoking cigorettes. However, smoking tobocco from o hookoh corries mony of the some or greoter heolth risks os smoking cigoreltes. Woter pipe smoking delivers nicoline, which is oddicting, ond is ot leost os toxic os cigoretle smoke. Due to the frequency of puffing, depth of inholotion, ond length of the smoking session, hookoh smokers moy obsorb higher concentrotions of the loxins found in cigoretle smoke. a a a a a a l5 Page 129 A typicol I -hour-long hookoh smoking session involves inholing over 100 limes lhe volume of smoke inholed from o single cigoretle. Hookoh smokers moy be ol risk for some of lhe some diseoses os cigorelte smokers, such os orol lung, stomoch ond esophogeolconcer, reduced lung function ond decreosed ferlilily. High use omong youth ond young odulls o ln King Counly, 14% of l2th groders reported using hookoh wilhin lhe losl 30 doys. r Almosl o quorler of U.S. young odults (oged lB-24) hod used hookoh to smoke flovored lobocco. The chorcool used to heot tobocco in lhe hookoh increoses the heolth risks by producing high levels of corbon monoxide, metols, ond concer-cousing chemicols. Hookoh tobocco ond smoke contoin numerous toxic substonces known to couse lung. blodder. orol concers, ond heort diseose. Secondhond smoke from hookohs poses o serious risk, porliculorly becouse it contoins smoke nol only from the lobocco but olso from the heot source (e.9., chorcool) used in lhe hookoh. Bobies born to women who smoked one or more woler pipes o doy during pregnoncy hove lower birth weights thon bobies born lo nonsmokers ond ore of on increosed risk for respirotory diseoses. lnfectious diseoses moy be lronsmitted befween smokers due to shoring o hookoh. New forms of hookoh rD ln recent yeors, new forms of hookoh smoking hove been introduced Studies of tobocco-bosed shisho ond "herbol" shisho show lhol smoke from both preporotions contoins corbon monoxide ond olher toxic ogenls known lo increose the risks for smoking-reloled concers, heort diseose, ond lung diseose. Electronic hookoh, such os steom stones ond hookoh pens, ore bottery powered ond lurn liquid contoíning nicoline. flovorings, ond other chemicols into o vopor, which is inholed.rr Products thot conloin nicotine ore oddicfive, yef very little informotion is currently ovoiloble on the heolfh risks of lhe other flovorings ond chemicols. For more informotion oboul eleclronic devices (e-cigorelles, voping devices) see our E-cigorette ond vopor product poge. Regulotions Hookoh smoking is reguloted the some woy cigorelte smoking is in Woshington. Sfole low ond locol King Counly Boord of Heolth Code prohibit smoking (including hookoh smoking) from oll public ploces ond ploces of employment. There ore no exemptions for lroditionol hookoh lounges. a Heolth effects of hookoh smoking ond secondhond smoke a a a a a 16 Page 130 tAilDrc0AÏt0 åulltËTt0il FLAVORETT TOBACCO Fhr¡sed tohuæo ie populur qmong ltuth Sout ñtñtñ 0f t0 ñil[ññ teenagers who use tobacco started with a ffavored product I in Washington ffrf ff* f*t ff{} f+fr f++ f+fl f*# #+rl fftr v$ ffr+ ff{ fü* fi+f ffô fiäffiä'ä' Flavored tobacco crrres in bright packaging and popular flavors like fruits. canclies, and alcoholic drinks {5 touth start ffi¡nr tohrcco - every day Cunent policies ullmr flouored tobscco producte The FDA banned carrcly and f ruit-flavored cigarettes to protect youth, but these other tobacco products are still allowed to have flavor: 3 , e-cigarettes cigars chewing tobacco hookah tobacco For rnore information visit: www.kingcounty,gov/depts/healthlsnrokingltobacco-väpsr f /& 5ources: 1..Journ¡l L-tl the Arneri{än I'declical Ass¡rciaric,n; icon lry G¡n Khoon L.iy 2. W.rshirgton Department af He¡lth: icon by l.,1,try Van den Broeck 3. U,S- Foodand Drt¡*Admlnistr¡ti*n {FDAI I'uhli¡. I lc¡lt h \i rìr!, ,\ trrrr¡. 1,{!ttl(rl 17 Page 131 HOOI(AH SfTIOKIHG Ho€tüh b o wr¡tçr rxpr s¡cd þ rcrolç *ıÐrld tobacos cqihd {ri:ho. moriir,nno. ørd €Nft.r ¡ubctoncs - 5r::*rkinç *¡**Lcl': c*¡rie: {"tnclny *f *hæ 5{¡rî!Ë û{ gr*crier lec*lç* :i:fu* cs :r:r<;Ling cig*:r*!ies smoking tgø 3ft af hoafcoh smoking cigoretles: F*ås*,ìs !* h**åcr.rT': !Õbq:cr* r¡c'ï{t :r'r-**k* nrny {üus,* *rcl, l*,*r'rç, s!a*¡'r*cl":, a*rd e**ph*g*ui çü'rçerr ræduced lung år.:r:rii*:ns'¡, å't**rl eJiser¡:e, ¿¡nd eiee rea*sd f-rtj1jli 20r 3E nf Ì?rh flraderç ,* {.inç Caunl"r Hc¡oi<cb. ursç ¡nçns hr¡rr re¡rçrro-fu sn,¡-rkrng ,,rrir¡¿h ir, gtf"orrt 9!¡4fgrrt9 ,rn t|rã U.å. .r çF:e losl 3Ct days " i=j*ç' ui r-*ltege slu¡ie¡r!ç i¡r lhe U.S. hr¡v* :rn*krd år*ckc,rh in the p**! ye*r ' I HOTTN For m*re i nlo¡ mo ¡i¡* ril!l: rrx.hi ngro* nt¡.g*rideptrr heehh lsrrrol i nç ó Ccreinogcn¡ T{hotinc d;h.iitìclr n t3% ?2-40% I A¡þ¡r"{an Ltrng fu*oa*r ? lry$rr.s!¡gnçl J*trr¡a: ,i Egr&*r:rç16çr 3 Tlor$ tkc|:Þ 0rgenird'*r ¡l A¡nrr¡ton Journol sl l{e¡þh Srlr-r-ct ': Hrohþ¡ Tctnl tu"rrr ?Sll ó [*¡:s: içr Ðrlroç [c¡:rol & P'lv!¡ltror ,' 0ñ(? oi thr 'x'¡*oo Gærrg Public Ilealttr \r.,1ill! S hin¡ ( tjltrll\ qiSourre: ]B Page 132 lrdenthol cigarette marketing targets African Americans, wûmen, LGBT comrnunities, and youth t'' Mentholflavorirg in cigarettes is essocieted with l¡uwl smlhg lnlü¡lhn lnyoungpeople & rlüdlflh ellsmokers.r Almott I out of l0 ¡ÅÅÅt tÅÅÅÅ Afilmlmrleu srnokarsuse menthol clgaretk{ üf aÌlU-5, middle and hieh school $udunh uho rm¡ftl, &nofl g adults rvho Íifi oke. menthol cþarette use ls hllkffirt8[Trülk than heterocexusl adu lts I ?$.9å I 1l 54%a û lt tt ïrf rffinç'll'ç rtt+tt#f# r,.":.,, ... .:-.'t.......-.,- ..j:Ì.¡..'.;...,-..,...-?:: ,,,...,,.,;.:r.¡ ,...,,.,.-. have used rnenthol cigarettes 5 3ËtÊ All h,lcnthçl Smsh¡r* 320.000 llues could herrc been saved if menthol cigaretteswere banned in ä11- l/3 *ord har¡e ¡** lfri$fn lmgiGtd lf lrnçnd, many mentholsmokers repart theywsuid hf tr quil rmtrnF''u Å it ir-¡n ¡rr1'1ifi:- !11'' fvln ; ltt¡il il¡"rtþ.*r: YaunE Menihsl 5ãîrûhårr Menthol ls the only fl¡vor still allowed in cigarettes 399{ 65?( H ì9 Page 133 Tobacco Use Arnon King County Youth g & Adults Alnrnsl ì/5 r,:t d*aths in Hing County arc c¿used by snrokinE, Sonre grtllps arr,' irnpolcted mcrç¡ than ottrers. Youth toþacco use is increaslng f'learfy I In I Sudr*h in King County vrrÊr€ using a tobacco product in 2Ot4 eaoffiil E-cigarett€ us.€ srnong students i_nwased ne¡ilr { times A¡n¡rican lndianI Alr¡kr Hrthrr 201 2 a t516 Hiú lmona Srnolclng rateE are 20u rox lm lncrme ?x o il Irlcon Þ1r tan l{hoon l-ay ClEarettÊ uüÊ nriæ ll ncr & ottücitt r The gap in smoking rstes between !gg**,h,S,1teûnrc rdu lt¡ wlün nsd Black HsdveHswdianI Mñc l¡hndrr Muitlraclal t¡dnotal a fwhire EA¡iEn' f fltof Kinscu.rnty lo¡tl¡ for glIt & lmlirrr *' aa tl ta fçilîffi"n it#itfitit+ffi'oo Fo¡ rnore Information and findings visitr www.hlngcounty.gov,/deptrl haalthl¡rnoking/tobacco'vaFor/data 14Y, There are large disparities in adult tobacco ¡,¡se 19 fn 2?,x a10/Lllø I8x t5v; '2U Page 134 EXHIBIT E - POTICY SAMPTES ORDINANCE EXAMPTE: CITY OF TACOMA. WA IMETRO PARKS TACOMAI ORDINANCE ORDINANCE NO.2784'I BY REQUEST OF COUNCIL MEMBERS LADENBURG, STRICKLAND, AND TALBERT AN ORDINANCE reloling lo the pork code; omending Chopter 8.27 of lhe Tqcomo Municipol Code, prohibiting smoking in oll City porks. WHEREAS the City's porks ore inlended for the heolfhy enjoyment of oll citizens. including children ond youth, ond WHEREAS Melro Porks Tocomo stoff hos reported thot smoking ond tobocco use in porks hos resulted in lilter of cigorette butts, cigor bults, ond olher lobocco-reloted wosle, which sludies hove shown con couse environmenfoldegrodolion ond pose o heollh risk lo children ond onimols, ond WHEREAS the City Council, lhrough its Public Sofety, Humon Services ond Educotion Commitlee, received testimony from representotives of lhe Tocomo-Pierce County Heollh Deporlmenf thof smoking ond tobocco use. including secondhond smoke, hos been linked wifh the development of lung concer, heort ottock, low birth weighf. bronchilis, pneumonio, osthmo, chronic respirolory problems, ond eye ond nosolirritotion, ond WHEREAS sludies hove shown thot children ond youlh exposed to smoking ond lobocco use ore more likely to smoke when they get older, ond WHEREAS mony porks in the Cily contoin brush ond lrees, which con be combustible. porticulorly in the dry summer months, ond lhe porks do not contoin focilities for disposing of lobocco products ond tobocco producls lhot ore not completely exlinguished pose on increosed risk of fire, ond WHEREAS, in spring 2009. Melro Porks Tocomo, olong with Tocomo-Pierce County Public Heollh, requested fhol fhe Public Sofety, Humon Services ond Educotion Commillee ("Committee") exomine the issue of o citywide bon of smoking in oll public porks wilhin the City limits of Tocomo in order lo promole public heolth ond sofety. ond WHEREAS, on June 25,2009, ond Augusl 13,2009, the Committee discussed the ilem ond deliberoled on the policy objectives ond lhe scope of the policy before deciding upon the policy gools of public heolth, litter concerns, ond fire dongers in lhe ordinonce, ond WHEREAS lhe Commitfee gove o "do poss" recommendotion for the oll-encompossing smoking bon in City porks, WHEREAS, if implemenled, fhe proposed ordinonce will require "No Smoking" signoge to be in ploce in order to be effective, ond WHEREAS lhe City will be responsible for oll municipolly owned pork signoge; Now, Therefore, BE IT ORDAINED BY THE CITY OF TACOMA: Section I . Thot Chopler 8.27 oÍ the Tocomo Municipol Code is omended, os set forth in the ottoched ExhibilrrA.t' EXHIBIT "A'' 8.27.085 Smoking in porks prohibited. It is unlowful for ony person fo smoke or lighl cigors, cigoreltes, lobocco, or other smoking moteriolwilhin o pork. The Director or City Monoger sholl posl signs in oppropriole locotions. prohibiting smoking in porks. 21 Page 135 For the purposes of lhis seclion, "smoke" or "smoking" meons the corrying, holding. or smoking of ony kind of lighted pipe, cigor, cigorelle, or ony other lighted smoking equipment. A violotion of this section is o closs 4 civil infroction $25. not including stotutory ossessmenfs. Such penolly is in oddition to ony olher remedies or penollies provided by low. NON.ORDINANCE EXAMPIE: CITY OF TUMWATER.WA ORDINANCE A RESOTUTION of lhe Cily Council of lhe City of Tumwoler Woshinglon urging pork users lo refroin from using lobocco producls in oll cily owned poft focililies WHEREAS, Ìobocco reloted diseose is the number one couse of deoth to Woshington residents. killing more people thon AIDS, olcohol, cor, occidents, fires, illegol drugs, murders, ond suicides combined;ond WHEREAS the Environmentol Proleclion Agency hos clossified secondhond smoke os o Group A humon corcinogen ond therefore concludes thof secondhond smoke is o risk to non-smokers; ond WHEREAS, lhere ís no sofe level of exposure to secondhond smoke ond even brief exposure con couse immediote horm;ond WHEREAS. cigorette butts pose o signíficont litter burden; lhey ore the lorgesf source of ouldoor recreotion lrosh in porks ond the single most lillered ilem in the world. reports from jurisdiclions with tobocco policies in ploce indicote o dromotic reduction in litler ond subsequently mointenonce costs; ond WHEREAS, odulls ore oflen role models for young people, ond odulls who smoke sel o bod exomple for youth; And WHEREAS, it is in the Cily s interest ond the inlerests of pork users to be owore of the risks posed by secondhond smoke, ond to ocknowledge the desirobilily of odults providing good role models for kids; ond WHEREAS, opproximolely 80 percenf of Thurston Counfy residents do not smoke; ond WHEREAS, the City encouroges the use of porks focililies in o sofe ond heollhy monner. ond the Porks ond Recreotion Deportment ond Cily Council hove recommended the inslollotion of signoge requesting volunlory complionce of pork potrons not to smoke; NOW THEREFORE BE IT RESOTVED BY THE CITY COUNCIL OT THE CITY OT TUMWATER AS FOI.IOWS: Seclion I The Tumwoler Porks ond Recreolion Deportmenl is hereby requested fo instoll signoge of oll porks owned by the Cify of Tumwofer urging pork users to voluntorily comply with the requesl lo refroin from using tobocco products while visiting Tumwoter porks. Seclion 2.Rotificolion. Any oct consistenf with the oulhority ond prior lo lhe effeclive dofe of this Resolution is hereby rotified ond offirmed. Seclion 3 Severobilily. The provisions of this Resolution ore declored seporote ond severoble. The involidily of ony clouse, senlence, porogroph, subdivision, seclion. or portion of this Resolulion or the involidity of lhe opplicotion thereof to ony person or circumstonce, sholl not offect the volidify of the remoinder of lhe Resolution or lhe volidity of its opplicolion to other persons or circumslonces. Seclion 4.Effeclive Dole. This Resolution sholl become effeclive immediotely upon odoption ond signolure provided by low. ADOPTED this lóth doy of October 2002 22 Page 136 Sjresùi¡e E,g'.jü. d 7 t a, ,,àt0{3 \.1' EXHIBIT I - SIGNAGE SAMPLES IÔBACCOFEITMTCK,ORG TOBÀCCO FACfsj *".o** _:¡ rmofÉ..o 1- **^*H*#:k* O% *olNcòighd@l5kò¡ß g::$l'e4'* wb us 6b¡c.o ¡ßû*d tu ¿9.41 m 2oll b ¿9ññ ¿Oll 6Ëof l&.o 9$ B7oto5Ëå; P* ffi h fþdâ Jrôl¡ ió dr rtu6kæ h ed&¡.ôún&6 d PdÍdnñetu p*t w€ wr lo Fño Mlry owldlb ld ye ro.oløù@. Ìoße@€'¡)Mtô!ôt:@d!@d ¡lb'lm ltucouø, *ádó otho d FÊ 6rc ro v&ñro'b r.tú hd6 rù€ohdoñddrùc@tær(ru- mhrd&.w.l.Fr4o ìf r h\ ñoldywl EtrlJÊY YOUR TOBACCO FREE PARKS Dlsfruta su¡ Berqueã llbrss de tabaco 1-800-Quit Now (,:,it¡t,i t:l¡a¡¡r, Fr* P¡\: O¡¡lt¡¡¡x¿ ! ,,ì1,,r,lli ALL PAR](8 AND IIATURAL AREAS AFE $iIOKE & TOÉåGCO FREË FErll3þ qulrlå9! l.Ê0t OtllÎ.¡¡Ott¡ {1.900.?e{.d€oûl o. r.$3.0E¡ELO.yÀ {t.ËãS.:¡f 3t6,t¿¡ +.r,¡\,'a-.., TOBACCO.FREE PARKs . iìL gt r v ()trl¡tftai!( L @ HEALTHY LUT{GS AT @ PLAY! M¿de poi5¡blê wRh COC tund¡ngr t+'4) BENEFITS orroucco.FRtr snx5 \ '. I lr", r'l ::_'- THIS PARK IS a^a a vvE APPRECIATE YOUR COOPER.AIION Publlcllealthl.l! LBurien ."*,^-,ry.,,".,II tutú "4e C, Ae.¿r@, G )Tl[G Ð *Jo* Page 137 Page 138 PARKS, RECREATION AND COMMUNITY SERVICES Julie Parascondola, CPRP, Director KENT'¡V¡tFrrôfOh Phone Fax: 253-856-5100 253-856-60s0 DATE: TO: FROM: SUBJECT: Address: 220 Fourth Avenue S. Kent, WA 98032-5895 March t6,2OL7 Kent City Council Parks and Human Services Committee Julie Parascondola, Director of Parks, Recreation & Community Services Director's Report - Informational MOTION: Informational 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 IMPACT: N/A Page 139 Page 140