HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 4/5/2016adccW11411
Mayor Suzette Cooke
Council President Bill Boyce
Councilmembers
Jim Berrios
Tina Budell
Brenda Fincher
Dennis Higgins
Dana Ralph
Les Thomas
City of Kent
Council MeetingAgenda
April 5, 2016
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KENT CITY COUNCIL AGENDAS
April 5, 2016
Council Chambers
Mayor Suzette Cooke
Council President Bill Boyce
Councilmember Jim Berrios Councilmember Tina Budell
Councilmember Brenda Fincher Councilmember Dennis Higgins
Councilmember Dana Ralph Councilmember Les Thomas
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COUNCIL WORKSHOP AGENDA
5 p.m.
Subject Speaker Time
Crosswalk Policy Lacey Jane Wolfe 30 min
2015 Year End Wrap-up Aaron BeMiller 45 min
Strategic Plan Process Derek Matheson 15 min
COUNCIL MEETING AGENDA
7 p.m.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. CHANGES TO AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF
4. PUBLIC COMMUNICATIONS
A. Historical Note from Kent’s 125th Anniversary
B. Public Recognition
C. Appointments to the Human Services Commission
D. Reappointment of Pauline Thomas to the Civil Service Commission
E. Proclamation for Sexual Assault Awareness Month
F. Earth Day Proclamation
G. Sikh Heritage Day Proclamation
H. Community Events
I. Economic and Community Development Report
J. Intergovernmental Reports
5. PUBLIC HEARING
6. PUBLIC COMMENT - Please state your name and address for the record. You
will have up to three (3) minutes to provide comment. Please address all
comments to the Mayor or the Council as a whole. The Mayor and Council
may not be in a position to answer questions during the meeting. For more
details regarding the public comment process, please refer to the section
titled, “Public Comments,” on the reverse side.
7. CONSENT CALENDAR
A. Minutes of Previous Meetings and Workshops – Approve
B. Payment of Bills – Approve
(Continued)
COUNCIL MEETING AGENDA CONTINUED
C. Appointments to the Human Services Commission – Confirm
D. Reappointment of Pauline Thomas to the Civil Service Commission –
Confirm
E. Construction Agreement with Puget Sound Energy for S. 228th Street
Grade Separation Transmission Relocation – Authorize
F. Consultant Services Agreement with Tierra Right of Way Services, Ltd.
For S. 228th St. UPRR Grade Separation Project – Authorize
G. Schedule 74 Design Agreement with Puget Sound Energy for the 228th
Street Railroad Grade Separation Project – Authorize
H. 2015 Asphalt Overlays – Accept as Complete
I. Guiberson Reservoir Joint Sealing Project – Accept as Complete
J. 2016 City Art Plan and Five Year City Art Plan 2016-2020 – Approve
K. First Amendment to 2015 Community Development Block Grant Annual
Action Plan – Approve
L. First Amendment to the 2016 Community Development Block Grant
Annual Action Plan – Approve
M. Kent Senior Center Lunch Program Food Services Agreement – Authorize
N. Consultant Services Agreement with ARC Architects for the City Hall
Space Efficiency Plan Phase II – Authorize
O. Genesis Marketing Agreement – Authorize
P. Garrison Glen Bill of Sale – Accept
Q. Kent Auburn Water Conveyance System Bill of Sale – Accept
R. Parriott Final Plat – Approve
S. Briscoe-Desimone Levee Improvements Reach I – Accept as Complete
8. OTHER BUSINESS
9. BIDS
A. Riverbend Well – Award
B. Kent Regional Trails Connector – Award
C. 2016 Asphalt Grinding - Award
10. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
11. EXECUTIVE SESSION
A. Potential Litigation, as per RCW 42.30.110(1)(i)
12. ACTION AFTER EXECUTIVE SESSION
B. Pine Tree Park Settlement Agreement – Approve
13. ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office. The
Agenda Summary page and complete packet are on the website at KentWA.gov
An explanation of the agenda format is given on the back of this page.
Any person requiring a disability accommodation should contact the City Clerk's Office in
advance at 253.856.5725. For TDD relay service, call the Washington Telecommunications
Relay Service at 1.800.833.6388.
COUNCIL WORKSHOP
1) Crosswalk Policy, Lacey Jane Wolfe
2) 2015 Year End Wrap-up, Aaron BeMiller
3) Strategic Plan Process, Derek Matheson
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CHANGES TO THE AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF
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PUBLIC COMMUNICATIONS
A) Historical Note from Kent’s 125th Anniversary
B) Public Recognition
C) Appointments to the Human Services Commission
D) Reappointment of Pauline Thomas to the Civil Service
Commission
E) Proclamation for Sexual Assault Awareness Month
PUBLIC COMMUNICATIONS CONT.
F) Earth Day Proclamation
G) Sikh Heritage Day Proclamation
H) Community Events
I) Economic and Community Development Report
J) Intergovernmental Reports
PUBLIC HEARING
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PUBLIC COMMENT
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Agenda Item: Consent Calendar 7A – 7B_
CONSENT CALENDAR
7. City Council Action:
Councilmember moves, Councilmember
seconds to approve Consent Calendar Items A through S.
Discussion
Action
7A. Approval of Minutes.
Approval of the minutes of regular council meeting of February 16, 2016.
7B. Approval of Bills:
Approval of payment of the bills received through February 29 and paid on
February 29 after auditing by the Operations Committee on March 15, 2016.
Approval of checks issued for vouchers:
Date Check Numbers Amount
2/29/2016 Wire Transfers 6569 - 6585 $1,792,061.99
2/29/2016 Regular Checks 701113 - 701525 $2,987,646.36
Void Checks ($2,125.60)
2/29/2016 Use Tax Payable $10,182.07
$4,787,764.82
Approval of checks issued for payroll for February 16 through February 29 and
paid on March 4, 2016:
Date Check Numbers Amount
3/4/2016 Checks $0.00
Voids and Reissues
3/4/2016 Advices 362500 - 363312 $1,415,928.28
$1,415,928.28
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Kent City Council Meeting Minutes
February 16, 2015
The regular meeting of the Kent City Council was called to order at 7:02 p.m. by
Mayor Cooke.
Councilmembers present: Boyce, Berrios, Budell, Fincher, and Ralph.
CHANGES TO THE AGENDA FROM COUNCIL ADMINISTRATION OR STAFF.
PUBLIC COMMUNICATIONS
A. Historical Note from Kent’s 125th Anniversary – Zachary VanTassel, Executive
Director of the Greater Kent Historical Society highlighted the first African American
residents in the City of Kent, William and Pauline Scott. He highlighted the lives of the
Scotts.
B. State of the County: Councilmember Reagan Dunn – King County
Councilmember Dunn noted that the King County budget is $44 million short and there
will be cuts in healthcare and human services. He noted that the Flood Control District
passed the System wide Improvement Framework (SWIF) and they are working on a
corridor plan for the entire Green River. He continued with a brief status of regional
issues in King County.
Council President Boyce thanked Councilmember Dunn for his work in Kent. He spoke
about the “Best Starts for Kids” program and highlighted that there should be a youth
employment program designed as a part of it.
Mayor Cooke thanked Councilmember Dunn for his work on the Green River through
the King County Flood Control District.
Councilmember Dunn responded to Mayor Cooke concerning a shortage of funding for
mental illness and drug dependency and he highlighted that the levy for that is
working, and he is inclined to support it.
C. Public Recognition – Councilmember Fincher acknowledged the human trafficking
presentation that was given in the Chambers and the Roadmap Project that concerns
education.
D. Proclamation for Dave and Pam Mortenson – Mayor Cooke read and presented
a proclamation to Dave and Pam Mortenson for their service and dedication to the City
of Kent, its programs, and its residents. Mayor Cooke proclaimed the 20th Day of
January 2016 as “Dave and Pam Mortenson Day” throughout the City of Kent.
Dave Mortenson thanked the Mayor and Councilmembers for the proclamation.
E. Proclamation for African American History Month – Mayor Cooke read and
presented a proclamation to Gwen Allen-Carston and Kendrick Glover for their service
Kent City Council Meeting Minutes February 16, 2016
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and dedication to the City of Kent. Mayor Cooke declared the month of February as
“African American History Month” in the City of Kent.
Gwen Allen-Carston accepted the proclamation and thanked the Mayor and
Councilmembers.
Kendrick Glover accepted the proclamation and thanked the Mayor and
Councilmembers for the proclamation. Glover communicated what his program does in
the City and provided contact information for the public.
F. Community Events – Council President Boyce stated that there are 20 events at
the ShoWare this month and highlighted a few of them.
Councilmember Ralph communicated the next show at the Kent Performance Arts
Center called, “A Fiddler’s Feast” comprising of world-renown fiddlers.
Councilmember Fincher stated there will be a clean-up at Clark Lake Park from 9 – 12
noon to remove invasive blackberry bushes. She also highlighted “You, Me, We” and
the kid’s art walk throughout downtown Kent.
G. Public Safety Report – Police Chief Ken Thomas briefly spoke about an incident
on East Hill. He discussed the Women in Law Enforcement Career Fair at the
Washington State Criminal Justice Training Commission in Burien last Saturday and
announced that next Wednesday the Police Community meeting will occur. He stated
that a presentation will be given at the meeting by the Kent Honor Guard. Chief
Thomas continued and read the biographies of candidates Matthew Murray, James
Sherwood, Sean Goforth, and Corey Chapman who were sworn in as police officers by
Mayor Cooke.
H. Intergovernmental Reports – Council President Boyce communicated that the
Sound Cities Association (SCA) Public Issues Committee discussed a meeting on March
11 in Tukwila to work on building a multidisciplinary focus on homelessness.
Councilmember Ralph highlighted that the Transportation Policy Board meeting was
last Thursday and there was a presentation on growth. She noted that the Puget
Sound region added 63,000 people and 73,000 jobs between 2013 and 2014. She
added that there was a conversation about the FAST (Fixing America’s Surface
Transportation) Act which will bring $3.6 billion of highway dollars to the State of
Washington. However, she noted that 66 percent of the funds are slated to go to the
State and the rest going to local roads. This is an issue because the State only has 14
percent of the roads and local jurisdictions and counties make up 86 percent of the
streets. There is an imbalance in the split concerning these funds, she added, and the
Governor has convened a group of stakeholders to discuss this with the end goal to
have these federal funds split 50/50. She noted that she attended the South County
Area Transportation Board meeting and the main focus of the meeting was the group
executed a letter to the Sound Transit Board in support of STIII package which will be
on the November ballot. She highlighted the extension of the light rail and the
advancements that would be coming with the package. She noted that she attended
Kent City Council Meeting Minutes February 16, 2016
3
the WRIA-9 meeting and spoke of their work to protect the salmon habitat in the
Green River. She added that there was also a presentation given on the SWIF plan.
Councilmember Fincher noted that the King Conversation District meeting is tomorrow
and that the food system enhancement grants will reopen in April. She noted that the
grants are between $10,000 and $100,000. She added that the Mental Illness and
Drug Dependency Committee will meet on January 25.
PUBLIC HEARING
PUBLIC COMMENT
1. Eric Bernard, Kent – Bernard stated that the Regional Fire Authority (RFA) has
cost taxpayers $87 million. He communicated that the City reduced its budget by
$10.1 million when it separated from the RFA and ever since then the RFA has taxed
the residents. He noted that this year the RFA has cost him over $600 in fees. He
added that the RFA has made over $100 million with Covington included. He inquired
about the $1 million interest free loan and recommended not approving the RFA
contract this year.
2. Leroy Stevenson, Covington – Stevenson communicated that he is paying an
incredible amount to the RFA. He stated that the RFA is the highest receiver of funds
from his taxes besides education. He communicated that the charge hasn’t been
equally applied and buildings have been missed. He communicated that the Covington
Aquatic Center wasn’t paying a charge. He noted that the fee is supposed to go to the
RFA for fires and most of it isn’t used for that purpose. He urged residents to vote
against the fire benefit charge.
3. Gwen Allen-Carston, Kent - Allen-Carston communicated that she doesn’t
celebrate Black History for one month only. She spoke of an incident that happened in
January at a meeting attended by Mayor Cooke. She presented the “Brown Paper Bag
Test” and urged everyone to do better and learn more from each other.
Mayor Cooke discussed the incident at the meeting she attended and thanked Gwen
Allen-Carston for her input.
4. Richard Wilkinson, Kent – Wilkinson commended City employee John Fiskum,
Program Coordinator in the Parks Department and stated that John does an amazing
job in organizing events for people over 50.
5. Kristy Herrick, Kent – Herrick communicated that she is here to save her
neighborhood park. She noted that there is an Executive Session concerning RCW
42.30.110(1)(b) on the agenda. She read open government law and stated that the
residents are losing control. She urged the Council to preserve their park. She said it is
about restoring respect and trust in the government which is supposed to be
representing the citizens.
6. Anita Veen, Kent – Veen communicated that the Pine Tree Park issue is about
money. She discussed apartments in Kent and the abundance of them. She added that
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building an apartment there will result in neighborhoods that don’t age well and in
time will have a negative impact in the community. She questioned what the value of
open space is. She asked where the valuable land is and where the group is to
increase open land. She stated that Pine Tree Park is a part of Mill Creek Canyon and
is not happy with the amount of water over the roadway there. She stated that the
City is up against a developer who bulldozes land and builds apartments.
7. Al Lynden, Kent – Lynden communicated that at the next history presentation
there should be a lesson on Forward Thrust. He noted that the purpose of Forward
Thrust wasn’t to take 10 acres and sell it. He said the sale was planned and the
residents weren’t given the time to communicate how they feel about the parks. He
stated that all the minutes were scanned and there were only three times the word
“Pine” came up. He stated that the appraisal was done in September 2013. However,
there was an explanation concerning selling a park but there was no communication
about selling Pine Tree Park.
8. Ingrid Chapman, Kent – Chapman communicated that there were 243 people
that have signed a petition concerning not selling the park. She noted that parks are
directly related to better health in people. She noted that the most livable cities
feature parks and there are deer, gray owls, bald eagles, and other animals that have
been viewed in Pine Tree Park. She also noted that development leads to flooding and
other issues. She noted that wetlands hold clean water and are very positive for the
environment.
9. Ryan Logan Evans, Kent – Evans communicated that the $2 million sale price
is a drop in the budget. He also added that selling all the parks isn’t going to solve the
budget issues because you will run out of parks to sell. There is a protected bird at the
park, pheasants, and other animals. He stated that there could be a community
garden there. He doesn’t want to see another park or wetland sold or destroyed in the
City.
10. Sarah Adams, Kent – Adams communicated that areas have been sold and
traffic gets worse and worse. She stated that the City has changed due to the sale of
parks. She stated that you don’t know what the park is without seeing it. She
communicated about saving the wetland and the animals that are in the City. She
inquired where the $2 million would be reinvested.
CONSENT CALENDAR
Council President Boyce moved to approve Consent Calendar items A through
O, seconded by Councilmember Ralph. Motion carried 5-0.
A. Approval of Minutes – Approve. Minutes of the regular council meeting of
January 5, and the workshop and regular council meeting of January 19, 2016 were
approved.
B. Approval of Bills – Approve. Bills received through January 15 and paid on
January 15 after auditing by the Operations Committee on February 2, 2016.
Kent City Council Meeting Minutes February 16, 2016
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C. Excused Absence for Councilmember Higgins – Approve. The council
approved an excused absence for Councilmember Higgins as he was unable to attend
the City Council meeting of February 16, 2016.
D. Excused Absence for Councilmember Thomas – Approve. The council
approved an excused absence for Councilmember Thomas as he was unable to attend
the City Council meeting of February 16, 2016.
E. Goods and Services Agreement with Environmental Coalition of South
Seattle (ECOSS) for Recycling Events – Authorize. The Mayor was authorized to
sign the Consultant Services Agreement with ECOSS for Waste Reduction and
Recycling Activities and Programs for 2016 in the amount of $73,525, subject to final
terms and conditions acceptable to the City Attorney and the Public Works Director.
F. Washington State Recreation and Conservation Office Funding Board
Agreement for Downey Farmstead – Authorize. The Mayor was authorized to sign
the Washington State Recreation and Conservation Office (RCO) funding board project
agreement in the amount of $859,173 for the Downey Farmstead – Frager Road
Relocation project, direct staff to accept the grant and establish a budget for the funds
to be spent within the Downey Farmstead project, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
G. Interlocal Agreement with the Regional Fire Authority for 72nd Avenue
South – Authorize. The Mayor was authorized to sign an interlocal agreement with
the Kent Fire Department Regional Fire Authority for 72nd Avenue South
Improvements, subject to final terms and conditions acceptable to the City Attorney
and Public Works Director.
H. Traffic Control Signal System – Accept as Complete. The Mayor was
authorized to accept the Traffic Control Signal System project as complete and release
retainage to West Coast Signal, Inc. upon receipt of standard releases from the state
and the release of any liens.
I. Budget Certification for Annexation Sales Tax Credit Resolution – Adopt.
Resolution No. 1920 was adopted, certifying the Panther Lake annexation sales tax
credit of $4,764,290, for the period of July 1, 2016 through June 30, 2017.
J. Lodging Tax Advisory Committee Board Member Expansion Ordinance –
Adopt. Ordinance No. 4187 was adopted, clarifying language pertaining to term limits
in Chapter 2.54 of the Kent City Code, entitled “Lodging Tax Advisory Committee,” to
increase the number of committee members from seven to nine.
K. Elder Care Facilities Code Amendment – Ordinance – Adopt. Ordinance No.
4188 was adopted, amending Title 15 of the Kent City Code to clarify and amend
definitions, use tables and development to establish new land use categories for elder
care and independent senior living facilities.
L. Emergency Housing Code Amendment – Ordinance – Adopt. Ordinance No.
4189 was adopted, amending the zoning code to allow emergency housing facilities on
Kent City Council Meeting Minutes February 16, 2016
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church property located within the MR-D zone, subject to conditions. As recommended
by staff and by the Land Use and Planning Board.
M. Sunrise Meadows Final Plat – Approve. The council approved the final plat
mylar for Sunrise Meadows and authorized the Mayor to sign the mylar.
N. Bandon East Final Plat – Approve. The council approved the final plat mylar for
Bandon East and authorized the Mayor to sign the mylar.
O. Kent Commons Re-roofing Project – Accept as Complete. The council
accepted the re-roofing of the Kent Commons building as complete and release
retainage funds of $22,761.10 to the contractor, Wayne's Roofing Inc., upon receipt of
standard releases from the state and release of any leins.
OTHER BUSINESS
A. Ordinance Amending Kent City Code 13.05 – Fireworks – Adopt. Ordinance
No. 4190 was adopted, repealing Chapter 13.05, entitled “Fireworks,” and enacting a
new Chapter 13.05, entitled “Fireworks.”
City Attorney Tom Brubaker communicated the background of the fireworks legislation
in the City of Kent. Brubaker noted that a ban of fireworks was approved by the
citizens through an advisory vote that was placed on the ballot. He stated that this
Ordinance places a total ban on the sale, possession, or discharge of fireworks in the
City. However, a fireworks permit can be applied for and only approved through the
Fire Marshal. He noted the fines and penalties involved with being found guilty of this
proposed legislation. He pointed out that according to state law the ban wouldn’t take
effect until July 4, 2017.
Councilmember Berrios moved to adopt Ordinance No. 4190 repealing
Chapter 13.05, entitled “Fireworks,” and enacting a new Chapter 13.05,
entitled “Fireworks”, seconded by Councilmember Ralph.
Councilmember Berrios thanked the Mayor, Councilmembers, and residents for their
work and patience on this.
A vote was taken on the motion on the table which carried 5-0.
Mayor Cooke noted that this was her first proposal back in 2006. She thanked the
Council in respecting the vote to ban fireworks in Kent.
BIDS
A. 72nd Avenue South Extension, S. 196th Street to S. 200th Street Project –
Award.
Public Works Director Tim LaPorte highlighted the project.
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Councilmember Ralph moved to award the 72nd Avenue South Extension,
South 196th Street to South 200th Street, project to Scarsella Brothers Inc. in
the amount of $2,692,813.01 and authorized the Mayor to sign all necessary
documents, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director, seconded by Councilmember Fincher.
Motion carried 5-0.
B. James Street Pump Station – Award.
Public Works Director Tim LaPorte communicated the James Street Pump Station
project and highlighted previous work done in the area. He added that there is a
correction in the bid summary document in the packet and the amount should be
$2,329,398.98.
Councilmember Ralph moved to award the James Street Pump Station Project
to Rodarte Construction, Inc. in the amount of $2,329,398.98 and authorized
the Mayor to sign all necessary documents, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director,
seconded by Councilmember Fincher.
Councilmember Ralph communicated that she is very pleased to be making this motion
and moving this item forward for a vote of the Council.
A vote was taken on the motion on the table which carried 5-0.
REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
A. Council President. – Council President Boyce stated that there was discussion at
the workshop concerning the City’s sewer and water system and their rates. He
highlighted that there is over 212 miles of sewer lines in the City and that the yearly
capital need for the sewer system is $5 million and $6 million for the water system.
B. Mayor. – Mayor Cooke noted that the City’s Sister City will have a delegation from
Yangzhou, China. She also noted that she will be attending a meeting of the State
Route 167 Executive Committee which works on the extension of Highway 167 to the
Port of Tacoma. She highlighted the City’s new Human Resource Director, Marty Fisher
and that her State of the City Address will be held on Wednesday, March 9 at the
ShoWare Center.
C. Chief Administrative Officer. – Chief Administrative Officer Matheson noted that
the CAO Report is in the packet and there is an Executive Session for 10 minutes
concerning a property purchase with action expected.
D. Economic & Community Development Committee. – In the minutes.
E. Operations Committee. – Councilmember Ralph stated that there was discussion
concerning the refunding of Public Facility District (PFD) bonds which will save $8
million. She noted that there will be a special meeting of the PFD to continue moving
forward on this item.
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F. Parks and Human Services Committee. – Councilmember Fincher stated that
there will be a Parks and Open Space Plan presentation to the Council on March 15.
She noted that the Human Services grant application process will open on March 4
with several “how to fill a grant out” meetings prior. She stated that “Kid’s Arts Day” is
on March 12, “You, Me, We” is on March 4, and the blackberry destruction party at
Clark Lake Park is on March 27.
G. Public Safety Committee. – Councilmember Berrios noted that the fireworks
ordinance was discussed at the last meeting with the addition of community service for
juveniles added to the language. He added that there was discussion about school
zone cameras and they are working. In addition, there have been a number of “this is
your speed signs” purchased and put in place. He thanked the Police Department and
stated that the intent to clear up some safety issues for the children is going well.
H. Public Works Committee. - Councilmember Ralph communicated that the next
meeting of the Public Works Committee is February 22 at 4pm. Meeting 1/22 at 4pm.
I. Regional Fire Authority. – Council President Boyce communicated that the next
Regional Fire Authority meeting is February 17 at 5pm at Station #78.
EXECUTIVE SESSION
A. Property Negotiations, as per RCW 42.30.110(1)(b).
At 9:12 p.m., Mayor Cooke called for an Executive Session. As per RCW
42.30.110(1)(b) for a period of ten minutes.
At 9:17 p.m., Mayor Cooke reconvened the regular meeting.
ACTION AFTER EXECUTIVE SESSION
Ben Wolters, Economic and Community Development Director communicated that the
motion for the Council to consider is for the purchase of a parcel on the eight acre site
called Naden Properties. He stated that the seller is the Senior Housing Action Group
(SHAG). He stated that the City will have a free range of options on what to do with
the property after the purchase closes.
Council President Boyce moved to authorize the Mayor to sign all necessary
documents to complete the purchase of the property located at 914 West
Meeker in an amount not to exceed $234,269.00, plus reasonable closing
costs, subject to approval of final terms and conditions by the City Attorney
and the Economic and Community Development Director, seconded by
Councilmember Berrios. Motion carried 5-0.
ADJOURNMENT
The meeting adjourned at 9:20 p.m.
Kent City Council Meeting Minutes February 16, 2016
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Ronald F. Moore, MMC
City Clerk
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Agenda Item: Consent Calendar – 7C_
TO: City Council
DATE: April 5, 2016
SUBJECT: Appointments to the Human Services Commission – Confirm
SUMMARY: Confirm the appointment of Shatha Abbas and Zenovia Harris to the Kent
Human Services Commission for three-year terms ending January 1, 2019.
Shatha Abbas is an East Hill resident currently employed as an Outreach Community
Specialist with United Way. Shatha applied for the Human Services Commission as she
felt strongly in becoming part of decisions in providing services, education, awareness
and understanding community needs. Shatha also serves as an interpreter with the
Kent School District, volunteers in the Refugee Transition Center as a teacher
assistant in addition to her work with United Way.
Zenovia Harris is an East Hill resident employed as the Operations Manager at the
University of Phoenix. Zenovia served on Renton’s Human Services Advisory Board for
two years prior to moving to Kent. It is through that experience she applied for Kent’s
Human Services Commission. She feels strongly in providing a network with other
professionals through this service, as well as giving back to the community in which
she lives. Zenovia has volunteered with organizations such as the Forgotten Children’s
Fund, Hire America’s Hero’s, and the Renton Boys & Girls Club.
It is my pleasure to recommend Shatha Abbas and Zenovia Harris for appointment to
the Kent Human Services Commission.
EXHIBITS: None.
RECOMMENDED BY: Mayor Cooke
BUDGET IMPACTS: None
MOTION: Confirm the Mayor’s appointment of Shatha Abbas and Zenovia
Harris to the Kent Human Services Commission for three year terms.
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Agenda Item: Consent Calendar – 7D_
TO: City Council
DATE: April 5, 2016
SUBJECT: Reappointment of Pauline Thomas to the Civil Service Commission –
Confirm
SUMMARY: Confirm reappointment of Pauline Thomas to the Civil Service
Commission for an additional six-year term ending April 30, 2022.
Pauline Thomas is a longtime East Hill resident and currently employed as the Principal
of the Washington Elementary School in Auburn. Pauline has served on the Civil
Service Commission for the past 12 years and has expressed her desire to continue in
that capacity. Her service on the commission has been invaluable.
It is my pleasure to recommend reappointment of Pauline for an additional six-year
term to the Civil Service Commission
EXHIBITS: None
RECOMMENDED BY: Mayor Cooke
BUDGET IMPACTS: None
MOTION: Confirm the Mayor’s reappointment of Pauline Thomas to the
Civil Service Commission for an additional six-year term.
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Agenda Item: Consent Calendar – 7E_
TO: City Council
DATE: April 5, 2016
SUBJECT: Construction Agreement with Puget Sound Energy for S. 228th Street
Grade Separation Transmission Relocation – Authorize
SUMMARY: The South 228th Street Grade Separation project will construct an
overpass over the Union Pacific rail lines to eliminate the at-grade crossing and the
conflict between vehicles and trains. The bridge will also span the Interurban Trail
located within PSE right of way. This project is the third and final phase of the South
228th Street corridor, connecting the valley with I-5 and the future SR 509 freeway.
Under this agreement Puget Sound Energy will complete the relocation/raising of its
overhead transmission system to accommodate the new bridge.
EXHIBITS: Facility Relocation/Modification Agreement with Puget Sound Energy
RECOMMENDED BY: Public Works Committee
YEA: Fincher, Ralph, Higgins NAY: N/A
BUDGET IMPACTS: This will be paid for using State funds awarded through the
“Connecting Washington” transportation package.
MOTION: Authorize the Mayor to sign a Facility Relocation/Modification
Agreement with Puget Sound Energy in an amount not to exceed
$1,579,286.00 to raise their transmission facilities for the 228th Street
Union Pacific Grade Separation project, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
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Puget Sound Energy * 6522 Kitsap Way * Bremerton, WA 98312 * 360-475-7020
FACILITY RELOCATION/MODIFICATION AGREEMENT
This Agreement, dated as of March 15, 2016, is made and entered into by and between
Puget Sound Energy, Inc., a Washington corporation ("PSE"), and the City of Kent
("Government Entity"). PSE and the Government Entity are sometimes referred to herein
individually as a "Party" and collectively as the "Parties."
RECITALS
A. PSE owns and operates certain utility systems and facilities necessary and convenient
to the transmission and distribution of electricity ("Facilities") that are located on or in relation
to certain operating rights ("Existing Operating Rights"). The Facilities and Existing Operating
Rights are more particularly described on Exhibit A attached hereto and incorporated herein
by this reference.
B. The Government Entity plans to construct improvements to the White River – O’Brien
#1 115kV transmission line, the O’Brien – Christopher #2 115kV transmission line, and the
Christopher – O’Brien #4 230kV transmission line ("Improvements"). Scope: Increasing the
height of two 115kV transmission lines, as well as one double-circuit 230kV transmission line
to accommodate the grade separation over the Union Pacific Railroad tracks on south 228th
Street in Kent, WA.
C. In connection with the Improvements, the Government Entity has requested that PSE
perform certain engineering design work and certain construction work relating to
modification or relocation of its Facilities (the "Relocation Work"), all in accordance with and
subject to the terms and conditions of this Agreement, and any applicable tariff on file with the
Washington Utilities and Transportation Commission (the "WUTC").
D. The Government Entity has provided to PSE a written plan for the Improvements (the
"Improvement Plan") which includes, among other things, (a) plans and specifications
sufficient in detail, as reasonably determined by PSE, for PSE to design and perform the
Relocation Work, including reasonably detailed drawings showing the planned
Improvements, (b) a list of the key milestone dates for the Improvements, (c) inclusion in any
required permits and (d) information concerning possible conflicts between PSE's Facilities
and other utilities or facilities.
The Parties, therefore, agree as follows:
AGREEMENT
Section 1. Relocation Work
1.1 Relocation Work. The Relocation Work is described in Exhibit B attached to this
Agreement.
1.2 Performance of Relocation Work. Subject to the terms and conditions of this
Agreement and any applicable tariffs on file with the WUTC, PSE shall use reasonable efforts
to perform the Relocation Work. PSE shall perform the Relocation Work in accordance with
the schedule provided in Exhibit B (the "Relocation Schedule") with reasonable diligence in
the ordinary course of its business and in light of any operational issues as to the remainder
of its utility systems that may be influenced by the Relocation Work. PSE shall have no
liability to the Government Entity or any third party, nor shall the Government Entity be
relieved or released from its obligations hereunder, in the event of any delay in the
performance of the Relocation Work due to any (a) repair, maintenance, improvement,
renewal or replacement work on PSE's utility systems, which work is necessary or prudent as
determined by PSE in its sole discretion; or (b) actions taken by PSE which are necessary or
consistent with prudent utility practices to protect the performance, integrity, reliability or
stability of PSE's utility systems or any systems to which such systems are connected.
1.3 Adjustments to the Relocation Work. PSE shall notify the Government Entity in
writing of any reasonably anticipated adjustments to the Relocation Work (including the
Relocation Schedule and/or Relocation Cost Estimate) that result from (a) the revision or
modification of any Improvements in a manner that requires PSE to revise its plans and
specifications for the Relocation Work; (b) delays in PSE’s performance of the Relocation
Work caused by the Government Entity (or its agents, servants, employees, contractors,
subcontractors, or representatives); or (c) conditions or circumstances otherwise beyond the
control of PSE. The Parties acknowledge that additional requirements not contemplated by
the Parties may arise during the performance of the Relocation Work. In the event such
additional requirements arise, the Parties shall provide written notice thereof and shall use
good faith reasonable efforts to appropriately respond to such requirements in a prompt and
efficient manner, including appropriate adjustments to the Relocation Schedule and/or the
Relocation Cost Estimate.
1.4 Performance by Government Entity. In the event the Government Entity is unable
to perform its obligations under Sections 2 and 3 below to PSE's reasonable satisfaction, and
absent written waiver by PSE of such obligations, the Parties shall use reasonable efforts to
adjust the Relocation Schedule to allow additional time for the Government Entity to perform
such obligations; provided, that if the Parties cannot reasonably agree upon such schedule
adjustment, PSE may, at its option, thereafter terminate this Agreement by giving written
notice to the Government Entity, and the Government Entity shall promptly pay PSE the
amounts payable to PSE in connection with such termination under Section 5.5. PSE's
determination as to the satisfaction or waiver of any such condition under this Agreement
shall not be deemed to be a determination of satisfaction or waiver of any other condition
arising under this Agreement.
1.5 Notice to Proceed with Construction Work. At least 10 days prior to the date
specified in the Relocation Schedule for commencement of construction for the Relocation
Work, the Government Entity shall either (a) provide to PSE a written notice to proceed with
such construction work, or (b) terminate this Agreement by written notice to PSE. In the
event of such termination, the Government Entity shall promptly pay PSE the amounts
payable to PSE in connection with termination under Section 5.5.
Section 2. Operating Rights
Unless otherwise provided for in Exhibit B, the Government Entity shall be solely responsible
for any costs related to acquisition of any and all operating rights for the Facilities that are
necessary or appropriate, in addition to or as replacement for the Existing Operating Rights,
for completion of the Relocation Work ("New Operating Rights"). Such New Operating Rights
shall be in PSE's name, shall be of equivalent quality and kind as the Existing Operating
Rights and shall be provided in a form acceptable to PSE, all as determined by PSE in its
sole discretion. The New Operating Rights shall be provided with sufficient title information
demonstrating to PSE's satisfaction that PSE shall obtain clear, good and sufficient title to
such rights, if applicable. PSE shall not be obligated to commence the Relocation Work, or
otherwise in any way change, limit, curtail, impair or otherwise affect the normal and reliable
operation of the Facilities as located upon or relative to the Existing Operating Rights, unless
and until PSE is in possession of the New Operating Rights.
Section 3. Permits
The Government Entity shall be solely responsible for any costs related to acquisition of any
and all permits, licenses, certificates, inspections, reviews, impact statements,
determinations, authorizations, exemptions or any other form of review or approval given,
made, done, issued or provided by any one or more governmental authorities with jurisdiction
necessary or convenient for the Relocation Work (collectively, "Permits"). The Permits shall
be on such terms and conditions as PSE shall, in its sole discretion, determine to be
appropriate to its needs. PSE shall not be obligated to commence construction for the
Relocation Work, or otherwise in any way change, limit, curtail, impair or otherwise affect the
normal and reliable operation of the Facilities, unless and until PSE is in possession of all
Permits necessary for the Relocation Work and all rights of appeal with respect to the Permits
shall have been exhausted. The Government Entity shall be responsible for performance of
and any costs associated with any mitigation required by the Permits.
Section 4. Materials and Ownership
Unless specifically agreed otherwise in writing by the Parties, PSE shall provide all necessary
materials, equipment and labor required to perform the Relocation Work. All materials,
information, property and other items provided for, used or incorporated into the Relocation
Work (including but not limited to the Facilities) shall be and remain the property of PSE.
Section 5. Relocation Costs
5.1 Estimate. PSE's good faith estimate of the costs to perform the Relocation Work (the
"Relocation Cost Estimate") is $1,579,286.00. The Parties agree that the Relocation Cost
Estimate is an estimate only and PSE shall be entitled to reimbursement of all actual costs
incurred in or allocable to the performance of the Relocation Work.
5.2 Costs in Excess of Estimate. PSE shall use reasonable efforts to monitor its actual
costs incurred during the performance of the Relocation Work, and in the event PSE
determines that such costs are likely to exceed the Relocation Cost Estimate by more than
twenty percent (20%), PSE shall so notify the Government Entity in writing. In such event
PSE may, at its discretion, suspend performance the Relocation Work and PSE shall not be
obligated to continue with performance of any Relocation Work unless and until PSE receives
the Government Entity’s written acceptance of PSE's revised Relocation Cost Estimate and
written notice to proceed with the Relocation Work. In the event PSE does not receive such
acceptance and notice from the Government Entity within ten (10) working days from the date
of PSE's notice, then PSE may, at its discretion, terminate this Agreement. In the event of
such termination, the Government Entity shall promptly pay PSE the amounts payable to
PSE in connection with termination under Section 5.5.
5.3 Relocation Costs. The Government Entity shall be responsible for, and shall
reimburse PSE for, all costs and expenses incurred by PSE in connection with the
performance the Relocation Work (the "Relocation Costs"). For purposes of this Agreement,
the Relocation Costs shall include, without limitation, any and all direct and indirect costs
incurred by PSE in connection with the performance of the Relocation Work, including, but
not limited to, labor, personnel, supplies, materials, overheads, contractors, consultants,
attorneys and other professionals, administration and general expenses and taxes.
5.4 Statement of Costs - Invoice. Within sixty (60) days of the completion of the
Relocation Work, PSE shall provide the Government Entity with a statement and invoice of
the actual Relocation Costs incurred by PSE. PSE shall provide, within a reasonable period
after receipt of any written request from the Government Entity, such documentation and
information as the Government Entity may reasonably request to verify any such invoice.
5.5 Costs Upon Termination of Agreement. In the event either Party terminates this
Agreement, the Government Entity shall promptly pay PSE, the following:
(a) all costs and expenses incurred by PSE in connection with the Relocation
Work (including, without limitation, all Relocation Costs incurred through the date of
termination and such additional costs as PSE may incur in connection with its
suspension or curtailment of the Relocation Work and the orderly termination of the
Relocation Work); and
(b) all costs and expenses incurred by PSE in returning and restoring the
Facilities to normal and reliable commercial operations.
5.6 Payment. The Government Entity shall, within thirty (30) days after the receipt of an
invoice for costs payable under this Agreement, remit to PSE payment for the full amount of
the invoice.
Section 6. Indemnification
6.1 Indemnification. The Government Entity releases and shall defend, indemnify and
hold harmless PSE from all claims, losses, harm, liabilities, damages, costs and expenses
(including, but not limited to, reasonable attorneys' fees) caused by or arising out of any
negligent act or omission or willful misconduct of the Government Entity in its performance
under this Agreement. PSE releases and shall defend, indemnify and hold harmless the
Government Entity from all claims, losses, harm, liabilities, damages, costs and expenses
(including, but not limited to, reasonable attorneys' fees) caused by or arising out of any
negligent act or omission or willful misconduct of PSE in its performance under this
Agreement. During the performance of such activities employees or contractors of each
Party shall at all times remain employees or contractors, respectively, that Party and shall not
be, or be construed to be, employees or contractors, respectively, of the other Party.
6.2 Title 51 Waiver. Solely for purposes of enforcing the indemnification obligations of a
Party under this Section 6, each Party expressly waives its immunity under Title 51 of the
Revised Code of Washington, the Industrial Insurance Act, and agrees that the obligation to
indemnify, defend and hold harmless provided for in this Section 6 extends to any such claim
brought against the indemnified Party by or on behalf of any employee of the indemnifying
Party. The foregoing waiver shall not in any way preclude the indemnifying Party from raising
such immunity as a defense against any claim brought against the indemnifying Party by any
of its employees.
Section 7. Disclaimers and Limitation of Liability
7.1 Disclaimer. PSE makes no representations or warranties of any kind, express or
implied, with respect to the Relocation Work or other items or services provided under this
Agreement including, but not limited to, any implied warranty of merchantability or fitness for
a particular purpose or implied warranty arising out of course of performance, course of
dealing or usage of trade.
7.2 Limitation of Liability. In no event shall PSE be liable, whether in contract, warranty,
tort or otherwise, to any other party or to any other person for any indirect, incidental, special
or consequential damages arising out of the performance or nonperformance of the
Relocation Work or this Agreement.
Section 8. Miscellaneous
8.1 Tariffs Control. This Agreement is in all respects subject to all applicable tariffs of
PSE now or hereafter in effect and on file with the WUTC. In the event of any conflict or
inconsistency between any provision of this Agreement and any such tariff, the terms of the
tariff shall govern and control.
8.2 Survival. Sections 2 and 4 through 8 shall survive any termination of this Agreement.
Subject to the foregoing, and except as otherwise provided herein, upon and following
termination of this Agreement neither Party shall have any further obligations arising under
this Agreement and this Agreement shall be of no further force or effect.
8.3 Waiver. The failure of any Party to enforce or insist upon strict performance of any
provision of this Agreement shall not be construed to be a waiver or relinquishment of any
such provision or any other provision in that or any other instance; rather, the same shall be
and remain in full force and effect.
8.4 Entire Agreement. This Agreement, including any exhibits hereto, sets forth the
complete and integrated agreement of the Parties. This Agreement cannot be amended or
changed except by written instrument signed by the Party to be bound thereby.
8.5 Force Majeure. In the event that either Party is prevented or delayed in the
performance of any of its obligations under this Agreement by reason beyond its reasonable
control (a "Force Majeure Event"), then that Party's performance shall be excused during the
Force Majeure Event. Force Majeure Events shall include, without limitation, war; civil
disturbance; storm, flood, earthquake or other Act of God; storm, earthquake or other
condition which necessitates the mobilization of the personnel of a Party or its contractors to
restore utility service to customers; laws, regulations, rules or orders of any governmental
agency; sabotage; strikes or similar labor disputes involving personnel of a Party, its
contractors or a third party; or any failure or delay in the performance by the other Party, or a
third party who is not an employee, agent or contractor of the Party claiming a force Majeure
Event, in connection with the Relocation Work or this Agreement. Upon removal or
termination of the Force Majeure Event, the Party claiming a Force Majeure Event shall
promptly perform the affected obligation in an orderly and expedited manner under this
Agreement or procure a substitute for such obligation. The Parties shall use all commercially
reasonable efforts to eliminate or minimize any delay cause by a Force Majeure Event.
8.6 Enforceability. The invalidity or unenforceability of any provision of this Agreement
shall not affect the other provisions hereof, and this Agreement shall be construed in all
respects as if such invalid or unenforceable provisions were omitted.
8.7 Notice. Any notice, request, approval, consent, order, instruction, direction or other
communication under this Agreement given by either Party to the other Party shall be in
writing and shall be delivered in person to an authorized representative or mailed, properly
addressed and stamped with the required postage, to the intended recipient at the address
and to the attention of the person specified below the Parties' respective signatures on this
Agreement. Either Party may from time to time change such address by giving the other
Party notice of such change in accordance with this section.
8.8 Governing Law. This Agreement shall be interpreted, construed and enforced in all
respects in accordance with the laws of the State of Washington. This Agreement shall be
fully binding upon the Parties and their respective successors, assigns and legal
representatives.
In witness whereof, the Parties have executed this Agreement as of the date set forth above.
PSE: Government Entity:
Puget Sound Energy, Inc. Kitsap County Public Works
By By
Its Its
Address: Address:
Attn: Attn:
EXHIBIT A
FACILITIES AND EXISTING OPERATING RIGHTS
The west line, Obrien-White River No. 2, 115kV and the Christopher-Obrien No. 2 230kV line
is within PSE fee owned property.
o Olympic Pipeline also has an easement on PSE fee own property so PSE needs to
determine if any of the work to be performed will conflict with the pipeline system.
The east line, Obrien-Christopher No. 2, 115kV is within the Union Pacific right-of-way and
PSE has a permit on their property.
o The permit calls for a one-time $4,000 license fee for new crossing or altering the
existing line that is to be paid by the City.
EXHIBIT B
RELOCATION WORK
This is the project scope:
Cost Estimate:
Location: South 228th Street, Kent, WA.
Scope: Raise a total of seven (7) wood 115kV transmission poles and two (2) steel 230 kV transmission towers
to accommodate the City of Kent in the grade separation on South 228th Street over the Union Pacific Railroad
tracks. This price includes all costs associated with construction of this project.
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Agenda Item: Consent Calendar – 7F_
TO: City Council
DATE: April 5, 2016
SUBJECT: Consultant Services Agreement with Tierra Right of Way Services, Ltd.
For S. 228th St. UPRR Grade Separation Project – Authorize
SUMMARY: The South 228th Street Grade Separation project will construct an
overpass over the Union Pacific rail lines to eliminate the at-grade crossing and the
conflict between vehicles and trains. The bridge will also span the Interurban Trail
located within PSE right of way. This project is the third and final phase of the South
228th Street corridor, connecting the valley with I-5 and the future SR 509 freeway.
In order to construct the project the City will need to acquire property rights from
adjacent owners to install utilities and pay damages for modified access to certain
properties. Under this agreement the Consultant will help the City negotiate with
property owners for these rights based on appraisals performed by professional
appraisers.
EXHIBITS: Consultant Services Agreement with Tierra Right of Way Services, Ltd.
RECOMMENDED BY: Public Works Committee
YEA: Ralph, Fincher, Higgins NAY: N/A
BUDGET IMPACTS: This will paid for using the State funds awarded through the
“Connecting Washington” transportation fund package.
MOTION: Authorize the Mayor to sign a Consultant Services Agreement
with Tierra Right of Way Services, Ltd. in an amount not to exceed
$71,200.00 to provide Property Negotiation Services for the South 228th
Street Union Pacific Railroad Grade Separation project, subject to final
terms and conditions acceptable to the City Attorney and Public Works
Director.
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CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Tierra Right of Way Services, Ltd.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Tierra Right of Way Services, Ltd. organized under the laws of the State of
Arizona, located and doing business at 1575 East River Road, Suite 201, Tucson, AZ 85718, Phone: (520)
319-2106/Fax: (520) 323-3326, Contact: Mack Dickerson (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:
The Consultant shall provide right of way acquisition services for the S. 228th St. UPRR
Grade Separation project. For a description, see the Consultant's Scope of Work which is
attached as Exhibit A and incorporated by this reference.
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 July 31, 2017.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
Seventy One Thousand, Two Hundred Dollars ($71,200.00), for the services described in
this Agreement. This is the maximum amount to be paid under this Agreement for the work
described in Section I above, and shall not be exceeded without the prior written
authorization of the City in the form of a negotiated and executed amendment to this
agreement. The Consultant agrees that the hourly or flat rate charged by it for its services
contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1)
year from the effective date of this Agreement. The Consultant's billing rates shall be as
delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and
a final bill upon completion of all services described in this Agreement. The City shall
provide payment within forty-five (45) days of receipt of an invoice. If the City objects to
all or any portion of an invoice, it shall notify the Consultant and reserves the option to only
pay that portion of the invoice not in dispute. In that event, the parties will immediately
make every effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
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
CONSULTANT SERVICES AGREEMENT - 3
(Over $20,000)
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
CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents,
notes, emails, and other records prepared or gathered by the Consultant in its performance of this
Agreement may be subject to public review and disclosure, even if those records are not produced to or
possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying
the City’s duties and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
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CONSULTANT SERVICES AGREEMENT - 5
(Over $20,000)
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.
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:
Mack Dickerson
Tierra Right of Way Services, Ltd.
1575 East River Rd., Suite 201
Tucson, AZ 85718
(520) 319-2106 (telephone)
(520) 323-3326 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
Tierra Right of Way - 228th UPRR/Willms-Dixon
EEO COMPLIANCE DOCUMENTS - 1
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: _________________________________________
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
EXHIBIT A
EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the Consultant’s Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant’s
profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate and a $1,000,000 products-completed operations
aggregate limit.
EXHIBIT B (Continued)
3. Professional Liability insurance shall be written with limits no less
than $1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant’s
insurance and shall not contribute with it.
2. The Consultant’s insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant’s
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer’s liability. D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
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Agenda Item: Consent Calendar – 7G_
TO: City Council
DATE: April 5, 2016
SUBJECT: Schedule 74 Design Agreement with Puget Sound Energy for the 228th
Street Railroad Grade Separation Project – Authorize
SUMMARY: This project will construct a roadway overpass over the top of the Union
Pacific Railroad tracks and Interurban Trail. The trailhead is on Puget Sound Energy
property.
In order to perform the above described work, existing overhead Puget Sound Energy
(PSE) lines will need to be relocated underground. The first step in that process is to
sign a Schedule 74 Design Agreement with PSE. A Design Agreement will allow PSE to
prepare plans to underground its facilities. The agreement authorizes work to begin;
costs are not billed to the City, until construction is completed. The City’s estimated
portion of the design cost of this work is $36,300.
EXHIBITS: Puget Sound Energy Schedule 74 Design Agreement
RECOMMENDED BY: Public Works Committee
YEA: Budell, Fincher NAY: N/A
BUDGET IMPACTS: No costs are paid at this time. These costs will be rolled into the
construction agreement and paid for with state grant funds.
MOTION: Authorize the Mayor to sign the Puget Sound Energy Schedule 74
Design Agreement for the South 228th Street/Union Pacific Railroad Grade
Separation Project in the amount of $36,300 subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
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Agenda Item: Consent Calendar – 7H_
TO: City Council
DATE: April 5, 2016
SUBJECT: 2015 Asphalt Overlays – Accept as Complete
SUMMARY: As presented at the July 6, 2015 Public Works Committee meeting, there
was more funding available for this project than originally anticipated. Based on the
favorable bid prices received for the 2015 Asphalt Overlay project, staff recommended
Council authorize a change order to include 40th Avenue South between South 272nd
and north of Cambridge Court, and 42nd Avenue South between Reith Road and South
261st Street. With the exception of Mobilization, Channelization, and new Speed
Humps, the contractor agreed to extend its unit bid prices for the proposed change
order ensuring that the price for the additional work was competitive.
On August 4, Council approved a change order in the amount of $519,604.25 bringing
the total contract amount to 1,585,648.30. The total amount paid to ICON Materials,
Inc. for this project was $1,105,499.26, $480,149.04 under budget. The initial project
involved pavement overlay of two residential streets; SE 251st Street to South of S.
259th Place and 109th Avenue SE from SE 248th to SE 256th Street.
EXHIBITS: None
RECOMMENDED BY: Public Works Director
YEA: N/A NAY: N/A
BUDGET IMPACTS: Funding will come from the Solid Waste Utility tax.
MOTION: Authorize the Mayor to accept the 2015 Asphalt Overlay project
as complete and release retainage to ICON Materials Inc., upon receipt of
standard releases from the state and the release of any liens.
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Agenda Item: Consent Calendar – 7I_
TO: City Council
DATE: April 5, 2016
SUBJECT: Guiberson Reservoir Joint Sealing Project – Accept as Complete
SUMMARY: The awarded amount for this project was $124,191.07. The total paid to
Northwest Linings & Geotextile Products, Inc. was $104,306.95.
The Guiberson Reservoir is one of the City’s primary water reservoirs and is located
near the top of Scenic Hill. This reservoir was constructed in the late 30’s and was
experiencing leakage due to cracked and separated concrete panels that line the base
of the reservoir. This leakage prevented operation of the reservoir at full capacity.
The project consisted of furnishing and installing high density polyethylene liner to
reline the base of the reservoir to seal the cracks and allow the full operation of the
reservoir.
EXHIBITS: None
RECOMMENDED BY: Public Works Director
YEA: N/A NAY: N/A
BUDGET IMPACTS: N/A
MOTION: Authorize the Mayor to accept the Guiberson Reservoir Joint
Sealing project as complete and release retainage to Northwest Linings &
Geotextile Products, Inc. upon receipt of standard releases from the state
and the release of any liens.
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Agenda Item: Consent Calendar – 7J_
TO: City Council
DATE: April 5, 2016
SUBJECT: 2016 City Art Plan and Five Year City Art Plan 2016-2020 – Approve
SUMMARY: The attached City Art Plan details projects for 2016 and lists art
expenditures planned for 2016-2020 as part of the 5 year plan. The Visual Arts
Committee worked with staff to craft the plan which was approved by Kent Arts
Commission on March 8, 2016. Please review the attached document for details.
EXHIBITS: 2016 City Art Plan and 5 Year Plan and Ordinance 2552
RECOMMENDED BY: Parks and Human Services Committee
YEA: Fincher, Higgins, Budell NAY:
BUDGET IMPACT: Budgeted in the City Art budget and City Art Project Budget
MOTION: Approve the 2016 City Art Plan and Five year Plan.
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CITY OF KENT
Parks, Recreation & Community Services
Kent Arts Commission
2016 CITY ART PLAN
FIVE YEAR CITY ART PLAN, 2016 – 2020
Ordinance 2552
Approved:
Visual Arts Committee March 8, 2016
Kent Arts Commission March 8, 2016
City Council Sub-Committee:
City Council
2
CITY OF KENT
Parks, Recreation & Community Services
Kent Arts Commission
2016 CITY ART PLAN
NEW PROJECTS 2016
Budget
Community Art Project: Kent Creates 10,000
Portable Purchases: Summer Art Exhibit Purchase Program 15,000
Collection Maintenance and Programming 17,500
Capital Project artwork(s): Morrill Meadows and East Hill Park 70,000
Opportunity fund (capital projects, strategic art acquisition, economic
development)
7,780
TOTAL 2015 BUDGET FOR 19026223.66500.4310 $120,280
OTHER EXPENSES
Salary & Administration (supplies, professional services,
maintenance/repair)
$125,520
TOTAL 2016 BUDGET FOR 10006223.4310 $125,520
Total $2 / capita 122,900 x 2
$245,800
PREVIOUSLY APPROVED PROJECTS
Community Art Project: Kent Creates ($29,800 left from 2015) 29,800
Capital Project artwork: Kent Valley Loop Trail ($4,431 left from 2013,
$40,000 approved in 2014)
44,431
Collection Maintenance and Programming ($36,877 left from 2015) 36,877
Opportunity fund ($130,655 carried over from 2015) 130,655
Subtotal $241,763
TOTAL 2016 Anticipated Expenditures
$487,563
3
KENT ARTS COMMISSION
2016 CITY ART PLAN NARRATIVE
Project Title: Community Project Artwork: Kent Creates
Project Description: Kent Creates will foster inclusiveness by highlighting the talent and
creativity of the Kent community. Participants will upload projects to an automated website.
Submissions will be 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 will
submit a description of their project that will provide information and inspire other Kent
residents to get creative. Launch is projected for late spring/early summer 2016.
Estimated Costs: $39,800 ($23,800 left to complete technology
development, $10,000 or implementation, $3,000 for
honorariums, $3,000 for maintenance and hosting)
Funding Source: 2016 City Art Plan: $10,000
2015 City Art Plan Carry Over: $29,800
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
Funding Source: 2016 City Art Plan: $15,000
City Partner: Facilities
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
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
4
Project Title: Collection Maintenance and Programming
Project Description: Projects include outdoor sculpture maintenance and collection repair,
helping to sustain existing assets. This year’s projects will likely include repair and repainting of
Railroad Yard mural at Titus Railroad Park (Mary Iverson, 2006); cleaning and painting of
Underground Secrets at Garrison Creek Park (Elizabeth Connor, 1999); repair of Motion in Place
(Anderson Studios, 2004); and various repair and maintenance projects.
Estimated Costs: $54,377
Funding Source: 2016 City Art Plan: $17,500
2015 City Art Plan Carry Over: $36,877
Background: This fund may be used for maintaining and providing programming for existing
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. A new art work may be
commissioned for the wooded area at Morrill Meadows Park, with a focus on a family-friendly,
“playable” artwork.
Estimated Costs: $70,000
Funding Source: 2016 City Art Plan: $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.
Location(s): Morrill Meadows and/or East Hill Park
5
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 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: $138,435
Funding Source: 2016 City Art Plan: $7,780
2015 City Art Plan: $130,655
City Partner: Economic Development Department, Parks Planning and
Development
Background: In 2013, Kent Arts Commission staff began discussions with Economic
Development staff about ways to partner and use art to achieve community Economic
Development goals. In 2014, 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. Re-
allocate funding approved for acquiring art work for municipal court rooms, as art work was
selected from the existing collection. Re-allocate funding approved for artist designed
interpretive materials, as the future of this project is uncertain.
Location(s): TBD
6
PREVIOUSLY APPROVED PROJECTS
Project Title: Capital Project Artwork(s): Kent Valley Loop Trail
Project Description: Parks Department plans to create a Kent Valley Loop Trail system over the
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 Soundings” – 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
Funding 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
7
KENT ARTS COMMISSION CITY ART 5 YEAR PLAN: 2016 – 2020
2016 PROJECTS COSTS
Projects 120,280
Community Art Project: Kent Creates 10,000
Portable Collection Purchases 15,000
Capital Project Artwork(s): Morrill Meadows/East Hill 70,000
Opportunity fund (capital projects, strategic acquisition,
economic development)
Collection maintenance and programming
7,780
17,500
Administration/Maintenance 125,520
Total $245,800
2017 PROJECTS COSTS
Projects 118,800
Capital Project artwork(s): Kent Valley Loop Trail or Van
Doren’s Landing
50,000
Portable Collection Purchases 12,500
Kent Creates
Opportunity fund (capital projects, strategic acquisition,
economic development)
5,000
31,300
Collection maintenance and programming 20,000
Administration/Maintenance 127,000
Total $245,800
2018 PROJECTS COSTS
Projects 117,300
Capital Project artwork(s): Van Doren’s Landing 50,000
Opportunity fund (capital projects, strategic acquisition,
economic development)
27,300
Portable Collection Purchases 12,500
Kent Creates 7,500
Collection maintenance and programming 20,000
Administration/Maintenance 128,500
Total $245,800
2019 PROJECTS COSTS
Projects 116,800
Capital Project artwork(s): Van Doren’s Landing 50,000
Opportunity fund (capital projects, strategic acquisition,
economic development)
25,000
Portable Collection Purchases 12,500
Kent Creates 7,500
Collection maintenance and programming 21,800
Administration/Maintenance 129,000
Total $245,800
2020 PROJECTS COSTS
Projects 115,800
Opportunity fund (capital projects, strategic acquisition,
economic development)
55,500
Portable Collection Purchases 13,000
Kent Creates 7,800
Collection maintenance and programming 39,500
Administration/Maintenance 130,000
Total $245,800
8
Chapter 4.04
ART PROGRAM
Sections:
4.04.010 Established.
4.04.020 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
art.
(Ord. No. 2552, § 1. Formerly Code 1986, § 2.35.020)
4.04.020 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, § 2.35.010)
Cross reference(s) – Specific funds, ch. 3.40.
4.04.030 Guidelines and procedures.
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, § 2.35.030)
Agenda Item: Consent Calendar – 7K_
TO: City Council
DATE: April 5, 2016
SUBJECT: First Amendment to 2015 Community Development Block Grant Annual
Action Plan – Approve
SUMMARY: Each year the City of Kent executes specific actions to implement the
objectives and strategies of the five-year CDBG Consolidated Plan, which are outlined
in the Annual Action Plan. In 2015, the city allocated $122,193 to a new program to
provide energy efficiency improvements. These improvements were to be managed by
the Home Repair Program; however high demand for home repair program services
coupled with the time required to launch a new program necessitated a delay in the
Energy Efficiency Program. As a result, $122,193 was unspent and recaptured.
In addition, the City allocated CDBG funds to Ventures for a micro-enterprise project;
however, $7,573.60 was unspent and recaptured due to unmet performance
measures.
These recaptured funds ($129,766.60) should be reallocated to the Home Repair
Program, which experienced increased costs.
EXHIBIT: 1) First Amendment to the 2015 Annual Action Plan
2) Public Notice
RECOMMENDED BY: Parks and Human Services Committee
YEA: Fincher, Higgins, Budell NAY:
BUDGET IMPACT:
Capital Projects Recaptured/Awarded
Funds
Change
City of Kent: Energy Efficiency
Program
<$122,193> -$122,193
Ventures <$7,573.60> -$7,573.60
City of Kent Home Repair Program $129,766.60 +$129,766.60
Total Funds Recaptured and
Reallocated in 2015
$129,766.60 $129,766.60
MOTION: Approve the First Amendment to the 2015 Annual Action Plan
and authorize the Mayor to submit the amendment to HUD.
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Agenda Item: Consent Calendar – 7L_
TO: City Council
DATE: April 5, 2016
SUBJECT: First Amendment to the 2016 Community Development Block Grant
Annual Action Plan – Approve
SUMMARY: Each year the City of Kent executes specific actions to implement the
objectives and strategies of the five-year CDBG Consolidated Plan, which are outlined
in the Annual Action Plan.
In 2016, the City allocated $100,000 to a new program to provide energy efficiency
improvements. These improvements were to be managed by the Home Repair
Program; however, the Home Repair Program has already experienced an increased
demand for home repair services. Therefore, the city believes that it is more prudent
to reallocate funds originally intended for the Energy Efficiency Program to the Home
Repair Program. (The Energy Efficiency Program will launch in 2017.)
EXHIBITS: 1) First Amendment to the 2016 Annual Action Plan
2) Public Notice
RECOMMENDED BY: Parks and Human Services Committee
YEA: Fincher, Higgins, Budell NAY:
BUDGET IMPACT:
Capital Projects Recaptured/Awarded
Funds
Change
City of Kent: Energy Efficiency
Program
<$100,000.00> -$100,000.00
City of Kent Home Repair
Program
$100,000.00 +$100,000.00
Total Funds Recaptured and
Reallocated in 2016
$100,000.00 $100,000.00
MOTION: Approve the First Amendment to the 2016 Annual Action Plan
and authorize the Mayor to submit the amendment to HUD.
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Agenda Item: Consent Calendar – 7M_
TO: City Council
DATE: April 5, 2016
SUBJECT: Kent Senior Center Lunch Program Food Services Agreement –
Authorize
SUMMARY: Consolidated Food Management (CFM) provides the catering service for
the Senior Activity Center’s Monday through Friday lunch program. The lunch program
at the center has been a contracted service since 1995. Discounted meals are
available to seniors with demonstrated need. This expense is almost entirely offset by
lunch fees, donations and fund raising. In 2015, the net operating cost to the city for
the lunch program was $13,500.00.
EXHIBITS: Consolidated Food Management, Inc. Dietary Management Agreement
RECOMMENDED BY: Parks and Human Services Committee
YEA: Fincher, Higgins, Budell NAY:
BUDGET IMPACT: Other Professional Services (expense): $119,170
Sales Food Taxable (revenue): $89,480 revenue from lunch sales
Total budgeted cost to the city: $29,690
MOTION: Authorize the Mayor to sign the Dietary Management Services
Agreement with Consolidated Food Management, Inc. in the amount of
$119,170 for the Kent Senior Activity Center lunch program, subject to
terms and conditions acceptable to the Parks Director and City Attorney.
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Page 1 of 7
CONSOLIDATED FOOD MANAGEMENT, INC.
DIETARY MANAGEMENT SERVICES AGREEMENT
THIS DIETARY MANAGEMENT SERVICES AGREEMENT (hereinafter “Agreement”) is made and
entered into by and between the City of Kent, a Washington municipal corporation, for the Kent
Senior Activity Center with offices located at 600 East Smith Street, Kent, Washington 98030
(hereinafter referred to as “Client”), and Consolidated Food Management, INC., located at 7429
S. E. 27th Street, Suite 203, Mercer Island, Washington 98040-247, (hereinafter referred to as
“CFM”) (collectively referred to as “the Parties”).
WITNESSETH:
WHEREAS, Client and CFM had previously entered into a Food Service Management Agreement
in 2009 for food services at the Kent Senior Activity Center; and
WHEREAS, the Food Service Management Agreement provided that its term would automatically
renew for subsequent one-year periods on mutual agreement of both Parties, and the current
term is set to expire December 31, 2015; and
WHEREAS, the Parties desire to enter into a new agreement to acknowledge the current
contracting parties and to extend the services CFM provides from February 15, 2016 through
February 14, 2017;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein, the Parties
agree as follows:
SECTION 1. DEFINITIONS. As used throughout this Agreement, the following terms shall be
defined as follows:
1.1. Accounting Period. CFM accounting calendar is based on a 4-4-5 method of accounting
which consists of three (3) rotational periods of 28 days, 28 days and 35 days.
1.2. Agreement. This Dietary Management Service Agreement.
1.3. Cooking Equipment. Any equipment or appliance reasonably necessary for Services
including, without limitation, stove, oven, sink, refrigerator, microwave, mixer, steamer,
slicer and freezer.
1.4. Facilities. Space for CFM to prepare and perform Services at the Premises including,
without limitation, food preparation areas, dining facilities, places to store and maintain
food supplies, office space, and adequate dressing rooms and restrooms for CFM’
employees.
1.5. Dietary Management Service. Operations to be provided by CFM in accordance with this
Agreement that involve the preparation, service and sale of food and beverages at the
Premises.
1.6. Office Equipment. All office items reasonably necessary for CFM staff to perform office
related functions at the Premises including, without limitation, desk, chairs, shelving and
file cabinets.
1.7. Premises. The Client’s food service facility(ies) located at 600 East Smith Street, Kent,
Washington 98030.
1.8. Products. Food, beverages, goods, merchandise and other items at the Premises.
1.9. Proprietary, Confidential and Trade Secret Information. Items used in CFM Food
Management Services (owned by or licensed to CFM) including, without limitation, menus,
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signage, surveys, Software (i.e. menu systems, food production systems, accounting
systems), recipes, management guidelines and procedures, operating manuals, personnel
information, purchasing and distribution practices, pricing and bidding information,
financial information, provided, however that the following items are specifically excluded:
(i) information generally available to and known by the public or (ii) information
independently developed or previously known by the Client.
1.10. Services. Collectively the Products and Food Management Services.
1.11. Servicewares. Items used in the service of food and beverages including, without
limitation, chinaware, glassware, silverware.
1.12. Smallwares. Items used in the preparation of food including, without limitation, pots, pans
and kitchen utensils.
1.13. Supervisory Employee. Those persons who have directly or indirectly performed
management or professional services on behalf of CFM for the Client at any time during
this Agreement.
1.14. Utilities and Amenities. All utilities reasonably requested by CFM to provide Services at the
Premises including, without limitation, heat, hot and cold water, refrigeration, lights,
electric current, garbage removal services, exterminator services, telephone services,
internet access, and sewage disposal services.
SECTION 2. AGREEMENT INTENT.
2.1 In accordance with the terms of this Agreement, CFM will provide Dietary Management
Services at the Premises, and provide and/or sell to Clients, employees, guests and other
persons such Products as shall be reasonably approved by the Client.
SECTION 3. TERM OF THE AGREEMENT.
3.1 This Agreement shall commence on February 15, 2016 and will remain in effect through
February 14, 2017, unless the Parties agree to an extension through the execution of a
mutually agreeable amendment to this Agreement.
3.2 Termination. Either party may terminate this Agreement, with or without cause, upon
providing the other party ninety (90) days’ advance written notice at its address set forth
on the signature block of this Agreement.
3.3 Continuing Obligations. The termination of this Agreement shall not affect the rights,
privileges, liabilities and/or responsibilities of the Parties as they exist as of the effective
date of termination. The Parties shall cooperate fully with each other during the term of
the Agreement and subsequent to the termination in order to ascertain and satisfy all
liabilities of either party to the other. All outstanding amounts owed to CFM shall become
due and payable immediately upon termination.
3.4 Assignment/New Ownership. 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.
This consent to assignment equally applies in the event CFM is sold in the future.
Page 3 of 7
SECTION 4. SERVICES.
4.1 Locations and Hours. CFM shall operate and manage Services at the Premises and shall
provide necessary Food Management Services at such hours and locations as the Client and
CFM mutually agree.
4.2 Program Specifications. As part of its regular service, CFM shall provide the following:
A. Menu. The menus shall remain in effect as mutually agreed upon by the Parties.
4.3 Products. CFM shall purchase Products and supplies necessary to comply with CFM’s
obligations as set forth in this Agreement.
4.4 Compliance with Food Safety Laws. CFM shall abide by all federal, state and local
regulations governing the preparation, handling and serving of food. Client shall cooperate
with CFM to accomplish the foregoing.
4.5 Cleaning. CFM shall perform routine cleaning and housekeeping in the food preparation
and service areas. Client shall perform major cleaning including, without limitation,
stripping and waxing floors, cleaning walls, windows, fixtures, ceilings, electric light
fixtures, grease traps, hoods and vents, duct work, plenum chambers and roof fans
throughout the Facility as defined herein.
SECTION 5. FACILITIES, UTILITIES AND EQUIPMENT.
5.1 Facilities, Utilities and Cooking Equipment. Without cost to CFM, Client shall provide CFM
with the necessary Facilities for the operation of Services, and all Utilities and Cooking
Equipment reasonably requested by CFM for the safe and efficient performance of this
Agreement, subject to CFM’s duty to exercise reasonable care in the course of such use.
CFM has inspected the Premises and the existing Facilities, Utilities, and Cooking Equipment
and warrants that it is sufficient for purposes of this Agreement.
5.2 Safe Condition. As CFM and its employees are the primary users of the Premise’s Facilities,
Utilities, and Equipment for the Services contracted for in this Agreement, CFM shall inform
the Client within 24 hours of any unsafe situation that it believes violates the Occupational
Safety and Health Act (“OSHA”) or any other similar federal, state or local law or regulation.
In such an event, the Parties will promptly discuss the matter with one another and mutually
agree on a proper remedy of the condition. CFM has inspected the Premises and the
existing Facilities, Utilities, and Cooking Equipment and is not aware of any existing
condition that is either unsafe or in violation of any OSHA or other similar federal, state, or
local law or regulation. Due to procurement and contracting regulations that apply to Client,
CFM shall have no authority to authorize any repair or to purchase any Equipment, any item
or good, or any service on the Client’s behalf.
5.3 Cooking Equipment, Smallwares and Servicewares. At its own expense, Client may furnish
CFM with the appliances, wares and equipment reasonably requested by CFM including
Cooking Equipment, Smallwares, and Servicewares. However, if any such purchase is made
by the Client, all items purchased are and will remain the property of the Client.
5.4 Taxes. Client is responsible for all federal, state, and local taxes or fees required for the
Premises, including property taxes, or Client’s equipment located on the Premises, including
sales or use tax. CFM is responsible for all federal, state, and local taxes or fees required
and resulting from the Services CFM provides under this Agreement, including without
limitation payroll taxes, sales tax, or business and occupation tax, if applicable. This
provision shall survive termination of this Agreement. To the extent legally permissible,
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CFM will utilize with its vendors the Client’s tax exempt status for purchases made on behalf
of the Client.
SECTION 6. FOOD LICENSES AND PERMITS.
6.1 CFM shall procure, maintain and post the food licenses and permits as required by law.
Other than licenses and permits by CFM in accordance with this Agreement, the Client
represents and warrants that it has and will maintain all required licenses and permits
necessary to operate the Premises and the Food Management Services. The Client
represents and warrants that the Premises is in compliance and will remain in compliance
with local, state, and federal laws and regulations. The Client agrees to notify CFM
immediately upon receiving notice of loss of any such permit or license.
SECTION 7. EMPLOYEES.
7.1 Employees. CFM shall hire employees necessary for its performance of this Agreement.
Persons employed by CFM will be the employees of CFM and not of Client.
7.2 Independent Contractor Relationship. It is mutually understood and agreed, and it is the
intent of the Parties that an independent contractor relationship is hereby established
under the terms and conditions of this Agreement. Employees of CFM are not, nor shall
they be deemed to be, employees of Client. Employees of Client are not, nor shall they be
deemed to be, employees of CFM.
7.3 Wages and Hours. CFM shall comply with all applicable federal, state and local laws and
regulations pertaining to the wages and hours of employment for CFM’ employees.
7.4 Payroll Taxes. CFM shall be responsible for all withholding and payroll taxes relative to
CFM’ employees.
7.5 Equal Opportunity and Affirmative Action Employer. CFM abides by the requirements of
41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination
against qualified individuals based on their status as protected veterans or individuals with
disabilities, and prohibit discrimination against all individuals based on their race, color,
religion, sex, or national origin. CFM employs and promotes individuals without regard to
race, color, religion, sex, national origin, protected veteran status or disability.
7.6 Background Checks. The Client agrees that all background investigations that it elects to
conduct on CFM’s employees will comply with applicable local, state and federal law
including, without limitation, the Fair Credit Reporting Act, where applicable.
SECTION 8. CONFIDENTIALITY, TRADE SECRET AND PROPRIETARY MATERIALS.
8.1 Under Washington State Law (Chapter 42.56 RCW, the Public Records Act (PRA)), records
prepared, owned, used, or retained by the Client relating to the conduct of government or
the performance of any governmental or proprietary function are public records and may
be subject to disclosure, if requested. If exempted by statute, some records, or information
within those records, may be withheld or redacted prior to disclosure. However,
exemptions to the PRA are interpreted and applied narrowly. The Parties acknowledge the
Client’s duty to comply with the PRA, and CFM agrees to cooperate fully with the Client
with regard to the Client’s duties and obligations under the PRA. If CFM holds information
it believes is Proprietary, Confidential, or Trade Secret Information, CFM must safeguard
that information. If CFM provides records to the Client that contains information CFM
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believes is Proprietary, Confidential, or Trade Secret Information, that information may not
be exempt under the PRA from disclosure to the public upon request.
SECTION 9. FINANCIAL ARRANGEMENTS.
9.1 Pricing Structure. CFM shall charge and Client shall pay $6.00 per hot meal prepared with
a minimum of 80 meals per day Monday through Friday.
9.2 Invoice. CFM shall issue a monthly invoice showing the cost of amounts due. Client shall
pay the full monthly invoice amount within thirty (30) days from the issuance of the invoice.
9.3 Payments Due and Late Payment Penalty. CFM shall issue a monthly invoice at the end of
each Accounting Period showing the Cost of Business. Client shall pay the full monthly
invoice amount within thirty (30) days from the issuance of the invoice. In the event
payment is not made within thirty (30) days of the due date, the invoice will be subject to
a finance charge of one percent of the unpaid balance from the date payment was due,
and at the end of each succeeding monthly period, until all past due amounts are paid in
full.
9.4 Change in Conditions. In the event of a change in the conditions existing on the effective
date of this Agreement, the Parties may mutually agree to an amendment of this
Agreement.
9.5 Future Pricing and Management Fee. Annually on the anniversary date of this Agreement,
CFM and Kent Senior Activity Center shall review the services provided to determine
whether any pricing adjustment should be made. Any pricing adjustment must be upon
the mutual agreement of both Parties, and will be effective only upon the execution of an
amendment to this Agreement.
9.6 Attorn ey’s Fe es and Cost s . In any dispute arising from the parties' performance of this
Agreement, each party shall pay all its own 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 either Party’s right to indemnification under this Agreement.
SECTION 10. INDEMNIFICATION; INSURANCE
10.1 Client Insurance. Client agrees that Client is responsible for insuring its owned property.
10.2 CFM Insurance. CFM shall procure and maintain for the duration of this Agreement, the
following insurance:
A. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each
occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operation
aggregate limit. Commercial General Liability coverage 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 of Kent shall be named as an Additional Insured under the
Contractor’s Commercial General Liability insurance policy with respect to the work performed
for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute
endorsement providing equivalent coverage.
B. Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident. Auto Liability coverage shall cover owned, non-
owned, hired and leased vehicles.
Page 6 of 7
C. Professional Liability insurance appropriate to CFM profession with limits no less than
$1,000,000 per claim.
D. Wor ker ’s Com pen sat ion coverage as required by the Industrial Insurance laws of the
state of Washington.
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. Evidence of
such insurance shall be provided prior to commencement of the services defined by this agreement.
10.3 Indemnification. Each Party agrees to provide the following indemnification.
A. Each party agrees that it will defend, indemnify and hold harmless the other party, its
officers, directors, parent corporation, affiliates, employees and agents against any and
all liabilities, losses, damages, injuries, deaths, reasonable litigation expenses (including,
without limitation, reasonable attorneys’ fees), costs and costs of court which either
party, its officers, directors, parent corporation, affiliates, employees and agents may
hereafter sustain, incur or be required to pay arising out of the other party’s negligent
acts, omissions or failure to perform obligations pursuant to this Agreement. Provided,
however, neither party shall be required to defend, indemnify and hold harmless the
other party for any intentional or criminal actions of the other party or its employees,
visitors or invitees.
SECTION 11. GENERAL AGREEMENT TERMS.
11.1 Notice. Any notice required under this Agreement shall be deemed to have been
sufficiently provided when delivered by hand, or three days after being sent by certified
or registered mail return receipt requested, or by overnight delivery service with receipt
of delivery, provided such delivery is to the Parties at the following addresses:
Consolidated Food Management, INC.
Attn: Tom Cusimano
1751 County Road B West, Suite 300
Roseville, MN 55113
Kent Senior Activity Center
Attn: Lea Bishop
600 East Smith Street
Kent, Washington 98030
11.2 Excused Performance. If performance of any terms or provision hereof (other than the
payment of monies) shall be delayed or prevented because of compliance with any law,
regulation, decree or order by any federal, state, or local court, governmental agency or
governmental authority, or because of riot, war, public disturbance, fire, flood, or Act of
God, which is not within the control of the party whose performance is interfered with, and
which, by the exercise of reasonable diligence said party is unable to prevent, the party so
suffering may at its option, suspend, without liability, the performance of its obligations
hereunder (other than the payment of monies) during the period such cause continues.
11.3 Assignment or Transfer. Neither party may assign or transfer this Agreement, or any part
thereof, without written consent of the other party.
11.4 Entire Agreement; Waiver. This Agreement constitutes the entire Agreement between the
Parties with respect to the provisions of CFM’s services, and there are no other or further
written or oral understandings or agreements with respect thereto except as otherwise set
forth herein. No variation or modification of this Agreement and no waiver of its provisions
shall be valid unless in writing and signed by the duly authorized officers of CFM and Client.
Page 7 of 7
This Agreement supersedes all other agreements between the Parties or their predecessors
for the provision of CFM Services.
11.5 Counterparts; Electronic Signatures. This Agreement may be executed in multiple
counterparts, each of which shall be effective upon delivery and, thereafter, shall be
deemed to be an original, and all of which shall be taken as one and the same instrument
with the same effect as if each party had signed on the same signature page. This
Agreement may be transmitted by fax or by electronic mail in portable document format
("PDF") and signatures appearing on faxed instruments and/or electronic mail instruments
shall be treated as original signatures.
11.6 State Guidelines. This Agreement shall be governed by and construed in accordance with
the laws of the State of Washington. If the parties are unable to settle any dispute,
difference or claim arising from the parties’ performance of this Agreement, the exclusive
means of resolving that dispute, difference or claim, shall only be by filing suit exclusively
under the venue, rules and jurisdiction of the King County Superior Court, King County,
Washington, unless the parties agree in writing to an alternative dispute resolution process.
A facsimile copy or photocopy of this Agreement shall be valid as an original thereof.
11.7 Severability. Any term or provision of this Agreement that is invalid or unenforceable shall
not affect the validity or enforceability of the remaining terms and provisions hereof or the
validity or enforceability of the offending term or provision in any other situation.
11.8 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 Client and CFM.
11.9 Entire Agreement. The written provisions and terms of this Agreement shall supersede all
prior verbal statements of any officer or other representative of the Client, 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.
11.10 Compliance with Laws. CFM agrees to comply with all federal, state, and municipal laws,
rules, and regulations that are now effective or in the future become applicable to A’viand's
business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations.
IN WITNESS WHEREOF, the Parties, intending to be legally bound, have caused their appointed
and duly assigned officers to execute this Agreement.
CLIENT CONSOLIDATED FOOD MANAGEMENT, LLC
By: By:
Printed: Printed: Tom Cusimano
Title: Title: Chief Executive Officer
Dated: Dated:
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Agenda Item: Consent Calendar – 7N_
TO: City Council
DATE: April 5, 2016
SUBJECT: Consultant Services Agreement with ARC Architects for the City Hall
Space Efficiency Plan Phase II – Authorize
SUMMARY: Results of the initial City Hall Space Efficiency Study were presented to
the City Council last year. The study analyzed all four buildings that comprise the City
Hall Campus. The results of that analysis identified the opportunity to address our
current space needs for the Police Department through renovation and modernization
of our current City Hall Campus. Staff was directed to initiate the next phase of this
work which is conceptual design and cost estimating. This contract with ARC Architects
accomplishes that work. Completion of this work will allow the city to determine
projected costs, ideas for phasing/sequencing the work and options for funding the
work.
EXHIBIT: Draft Consultant Services Agreement including the Scope of Services
RECOMMENDED BY: Parks and Human Services Committee
YEA: Fincher, Higgins, Budell NAY:
BUDGET IMPACT: We have created a Space Study capital project to track all costs
associated with this process/endeavor. At the end of 2015, the City transferred
$100,000 of available general fund monies into this account to help fund the second
phase of this contract. Finance is recommending the remaining $68,364 come from
available monies in the Capital Resources Fund (formerly the CIP fund) which will be
part of the second quarter supplemental budget adjustment.
MOTION: Authorize the Mayor to sign all documents necessary to enter
into an AIA Agreement with ARC Architects in an amount not to exceed
$168,364.00 for the City Hall Space Efficiency Plan - Phase II, subject to
terms and conditions acceptable to the Parks Director and the City
Attorney.
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CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
ARC Architects
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and ARC Architects organized under the laws of the State of Washington, located
and doing business at 1101 E. Pike Street, Floor 3, in the City of Seattle, Washigton (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:
Professional concept design and estimating services in accordance with the Scope of
Services, dated February 2, 2016, attached and incorporated as Exhibit A.
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, 2016.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
$168,364.00, for the services described in this Agreement. This is the maximum amount to
be paid under this Agreement for the work described in Section I above, and shall not be
exceeded without the prior written authorization of the City in the form of a negotiated and
executed amendment to this agreement. The Consultant agrees that the hourly or flat rate
charged by it for its services contracted for herein shall remain locked at the negotiated
rate(s) for a period of one (1) year from the effective date of this Agreement. The
Consultant's billing rates shall be as delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and
a final bill upon completion of all services described in this Agreement. The City shall
provide payment within forty-five (45) days of receipt of an invoice. If the City objects to
all or any portion of an invoice, it shall notify the Consultant and reserves the option to only
pay that portion of the invoice not in dispute. In that event, the parties will immediately
make every effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
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
CONSULTANT SERVICES AGREEMENT - 3
(Over $20,000)
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, i ncluding 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
CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents,
notes, emails, and other records prepared or gathered by the Consultant in its performance of this
Agreement may be subject to public review and disclosure, even if those records are not produced to or
possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying
the City’s duties and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
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K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
CONSULTANT SERVICES AGREEMENT - 5
(Over $20,000)
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.
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:
[Insert Contact Name]
Attn: _____________________
ARC Architects, Inc.
1101 E. Pike St., Floor 3
Seattle, WA 98122
(206) 322-3322 (telephone)
(206) 322-9323 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Jeff Watling, Parks Director
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5100 (telephone)
(253) 856-5060 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
p:Admin/Contracts
EEO COMPLIANCE DOCUMENTS - 1
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: _________________________________________
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
Agenda Item: Consent Calendar – 7O_
TO: City Council
DATE: April 5, 2016
SUBJECT: Genesis Marketing Agreement – Authorize
SUMMARY: Genesis Marketing presented a scope of work to keep the VisitKent.com
website up-to-date and relevant, as well as maintained. With the installation of a new
hotel booking feature through Hotels.com there will be more data to be able to better
track overnight stays from the website. Genesis will continue the up-to-date postings
and blogging to keep Facebook, Google, Instagram, and Twitter’s content fresh. This
campaign will target 3 different areas, Tri-Cities, Portland, and Lower Canada.
The agreement with Genesis Marketing is for a 6-month term and not to exceed
$70,000. The 6-month term is due to the Lodging Tax Advisory Committee deciding to
do an RFP for marketing and advertising services. Genesis Marketing is expected to
compete for the RFP.
The agreement has been approved by the Lodging Tax Advisory Committee and
passed through the Economic & Community Development Committee.
EXHIBITS: 1) ECDC Memo
2) Genesis 70K Proposal
3) Metrics Outline
4) Consultant Service Agreement
RECOMMENDED BY: Economic & Community Development Committee
YEA: Boyce, Budell NAY:
BUDGET IMPACTS: Funding will come out of Lodging Tax Funds
MOTION: Authorize the Mayor to sign a consultant services agreement with
Genesis Marketing not to exceed $70,000, for a term of 6 months, subject
to final terms and conditions acceptable to the City Attorney.
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ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
Phone: 253-856-5454
Fax: 253-856-6454
220 Fourth Avenue S.
Kent, WA 98032-5895
March 14, 2016
TO: Chair Bill Boyce and Economic & Community Development Committee
FROM: Ben Wolters, Director
RE: Genesis Marketing Agreement
For Meeting of March 14, 2016
SUMMARY: At the February 22, 2016 meeting of the Lodging Tax Advisory
Committee presentations were given from Genesis Marketing and Seattle
Thunderbirds on marketing and branding ideas for VisitKent.com. With the
Genesis Marketing agreement expiration it was time for the Committee to look for
new ways of exposing VisitKent.com to the larger community.
Genesis Marketing presented a scope of work to keep the VisitKent.com website up-
to-date and relevant, maintained, with a new addition of a new hotel booking
feature through Hotels.com, followed by continued postings and blogging on
Facebook, Google, Instagram, and Twitter. This campaign will target 3 different
areas, Tri-Cities, Portland, and Lower Canada.
This agreement with Genesis Marketing is for a 6-month period. The Lodging Tax
Advisory Committee decided to do an RFP for marketing and advertising services.
Genesis Marketing is expected to compete for the RFP.
BACKGROUND: In 2014 the Lodging Tax Advisory Committee decided to look at
ways of branding and marketing the City of Kent to increase tourism in both
tourism and commercial stays.
In February 2014 Arnett Muldrow & Associates were contracted to do community
focus groups to capture the essence of Kent. Working with many community focus
groups of diverse make up and over several days, Arnett Muldrow formed a
foundation to build a branding identify and marketing presence for Kent. From the
work with these focus groups, Arnett Muldrow developed a brand statement, logo,
and tag line, “We are Kent Washington Brining the World Home”.
With this foundation set, Genesis Marketing was contracted to put together a
campaign to include a website separate from the City of Kent’s. The new campaign
and website would focus on tourism, and bringing people to Kent. The Genesis
campaign included website creation, maintenance, social media, radio, and TV
presence. This campaign was implemented to support the new branding image and
MOTION: : Recommend to the full City Council approval of the 2016
marketing agreement with Genesis Marketing in the amount of $70,000
for VisitKent.com and social media sites.
bring people to Kent. Over the years of working closely with Genesis to increase
the exposure of Kent as a place to come and stay VisitKent.com has grown. Since
going live with VisitKent.com the work of Genesis Marketing has created a
considerable increase of traffic with a continuing upturn in usage to the website.
BW jpP:\Planning\ECDC\2016\Pckt Documents\3-14-16\LTAC Asks\LTACGenesisAgreements.doc
VisitKent.com
Scope of Work March 1 –August 31
Organic SEO & Website Updates
Search Engine Optimization-to increase search rankings on search engines
Keep the website relevant on the front end & back end including:
o Editing pages for online marketing
o Updating calendar of events
o Changing up seasonal verbiage
o Staying up to date with search algorithms
o Staying up to date with current search terms
Social Media Management
o Write and post 3 social media posts a week to Facebook, Google +,
Instagram and Twitter.
o This includes finding and using relevant photos & trending hashtags to
increase engagement and website awareness
Blog Posting
Hire and Manage Dana through her blogging process
We will charge a 15% management/placement fee on anything not paid by
outside vendors
Online Marketing
Design, create and manage online campaigns
Create new webpages when needed to align with online marketing
Contests
Manage contests
o Pick winners
o Send out winner emails
o Coordinate getting the prize to winners
o Coordinate getting photos and video from winners
o Design of guide on what to do in Kent
Recaps
Weekly Recaps that show online campaign results and organic posting results
Monthly Recaps that are more detailed and show all of
the above plus, online spend and google analytics.
See Metrics Outline
Metrics Outline for Kent Marketing Plan 2016
All tracking measures are based upon increases stated in the areas that we are
marketing:
The following metrics will be provided to the Kent committee weekly:
• Organic Social Media Stats
o Facebook
Page likes. The goal will be to have a 2% to 10% increase. If we don’t
increase a min of 2% weekly, our office will investigate the type of organic
posts and paid posts and figure out what needs to change for the following
week.
Stats Provided
• # of new page likes
• # of people engaged
• Total page likes
• Top city
o Instagram
The goal is to increase followers. If we start losing followers we will
investigate what we are running and make changes for the following week.
Stats Provided
• Most popular photo of the week
• # of total followers
o Twitter (month to date numbers as twitter does not provide weekly analytics)
The goal is to increase followers. If we start losing
followers we will investigate what we are running and
make changes for the following week.
Stats Provided
• MTD new followers
• MTD impressions
• MTD profile visits
• Online Paid Marketing Stats
o Facebook/Instagram
o The goal is to have clicks – We will track that 2% - 10% of the people
liking the ads are clicking through to the website. If 2% is not – we
will modify the ads for the next week.
Amount Spent
# of clicks
# of people reached for campaigns
Best campaign ran- measured by highest clicks
o Google
The goal is to keep the Cost Per Click as low as possible and
convert these clicks to time spent on the website. If this is not
achieved, we will analyze the ads and the landing page
connected and make changes as needed.
Stats Provided
• Amount Spent
• # of clicks
• # of people reached for campaigns
• Best campaign ran- measured by highest clicks
• Website Analytics
o Goal is to increase the number of new users week over week by
2% to 10%. If we go more than 3 weeks without an increase we
will take a look at the campaign and make changes to media
placement
o Stats Provided
# New Users
# Page Views
Top 2 cities visiting the site
Top 2 pages visited
• Website Maintenance
o Hours Used
o Hours Left
o Tasks that were completed
The following metrics will be provided to the Kent committee monthly:
• Social Media Stats
o Facebook
# of new page likes
Total page likes
Top city (avg. from weekly recaps)
Screen shot of top 3 clicked posts
Screen shot of Net Likes
Screen shots of location of Page likes
o Instagram
Most popular photo of the week
# of trending followers
o Twitter
Screen shot of Month’s:
• # new followers
• # impressions
• # profile visits
• # of mentions
• # of tweets posted by Kent
• # of tweets linking to you
Screen shot of top mention
Screen shot of top tweet
Screen shot of top follower
Screen shot of top media tweet
• Online Marketing Stats
o Facebook/Instagram
Amount Spent
# of clicks
# of people reached for campaigns
Best campaign ran- measured by highest clicks
o Google
Amount Spent
# of clicks
# of people reached for campaigns
Best campaign ran- measured by highest clicks
Screen shot of campaign performance including a graph
Screen shot of most popular ad- with the topic and # of clicks
• Website Analytics
o # of New Users
o # of Page Views
o Top 2 cities visiting the site
o Top 2 pages visited
o PDF of
Audience Overview from google analytics
Custom Dashboard that includes outbound links
Pages Overview
• Website Maintenance
o Total Monthly hours used
o Tasks that were completed listed
CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Genesis Marketing
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Genesis Marketing organized under the laws of the State of Washington ,
located and doing business at 2703 N. Pittsburg St, Spokane, WA 99207 (509) 777-1120 (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:
Scope of Work to include but not limited to:
Organic SEO & Website Updates, Social Media Management, Blog Posting, Online Marketing,
Contests, Recaps. Detailed Scope of Work and Metrics Outline are attached and
incorporated. Not to exceed $70,000 or 6 months. subject to final terms and conditions
acceptable to the City Attorney.
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 August 31, 2016.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
$70,000, including applicable Washington State sales tax, 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:
CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
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
CONSULTANT SERVICES AGREEMENT - 3
(Over $20,000)
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
CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents,
notes, emails, and other records prepared or gathered by the Consultant in its performance of this
Agreement may be subject to public review and disclosure, even if those records are not produced to or
possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying
the City’s duties and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
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K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
CONSULTANT SERVICES AGREEMENT - 5
(Over $20,000)
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.
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:
Mary Kae Repp
Genesis Marketing
2703 N. Pittsburg St
Spokane, WA 99207
(509) 777-1120 (telephone)
(facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Ben Wolters, ECD Director
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5703 (telephone)
(253) (facsimile)
APPROVED AS TO FORM:
Kent Law Department
EEO COMPLIANCE DOCUMENTS - 1
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: _________________________________________
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
Agenda Item: Consent Calendar – 7P_
TO: City Council
DATE: April 5, 2016
SUBJECT: Garrison Glen Bill of Sale – Accept
SUMMARY: Garrison Glen Plat is located at 10311 SE 216 Street, Kent, WA
EXHIBITS: Bill of Sale
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: None
MOTION: Authorize Council to accept the Bill of Sale for Garrison Glen Plat.
For: sanitary sewers, including 10 manholes and 948 linear feet of 8-inch
PVC pipe; new streets, including 2,280 linear feet of curb, gutter, sidewalk
and paving; frontage improvements including 425 linear feet of lights,
trees and landscaping; storm sewers including 1,575 linear feet of 12-24
inch CPEP storm pipe, along with 5 manholes and 30 catch basins.
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Agenda Item: Consent Calendar – 7Q_
TO: City Council
DATE: April 5, 2016
SUBJECT: Kent Auburn Water Conveyance System Bill of Sale – Accept
SUMMARY: Kent Auburn Water Conveyance System begins at 114th Ave SE and SE
264th Street ending at Phoenix Academy located at 11000 SE 264th Street, Kent, WA.
EXHIBITS: Bill of Sale
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: None
MOTION: Authorize Council to accept the Bill of Sale for Kent/Auburn
Conveyance System for 3 watermains and 185 linear feet of Class 52 8-
inch diameter ductile iron pipe waterline.
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Agenda Item: Consent Calendar – 7R_
TO: City Council
DATE: April 5, 2016
SUBJECT: Parriott Final Plat – Approve
SUMMARY: On August 1, 2007 the Hearing Examiner recommended approval to
subdivide a 3.7 acre site into 12 single-family residential lots, a sensitive area tract
and a future development tract. The site contains an existing home and several
outbuildings, which will be removed as a result of the subdivision. Parriot Plat is
located at 26120 132nd Avenue SE, Kent, WA and is further identified by King County
tax parcel numbers: 2722059245 and 2722059282. The applicant has complied with
the conditions required prior to recordation.
EXHIBITS: Maps and Conditions
RECOMMENDED BY: Economic & Community Development & Public Works
Department
BUDGET IMPACTS: None
MOTION: Approve the final plat map for the Parriot Plat and authorize the
Mayor to sign the final plat map.
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Agenda Item: Consent Calendar – 7S_
TO: City Council
DATE: April 5, 2016
SUBJECT: Briscoe-Desimone Levee Improvements Reach I – Accept as Complete
SUMMARY: The awarded amount for this project was $1,852,461.32. The total paid
to Tapani, Inc. was $1,685,487.06 at a cost savings to the City of $166,697.30.
The Briscoe-Desimone Levee is located along the east side of the Green River between
S. 180th Street and S. 200th Street. The levee straddles the border between Kent and
Tukwila providing flood protection for the Cities of Kent, Tukwila and Renton. Levee
certification studies conducted in 2010 indicated that four areas of this levee require
improvements to meet federal levee safety standards. Reach I is located south of S.
180th Street adjacent to West Valley Highway.
In 2011, the city and the King County Flood Control District (KCFCD) were successful
in obtaining a $7 million grant from the Washington State Legislature to fund
reconstruction of the Briscoe-Desimone Levee. In June 2013 the City entered into an
Interlocal Agreement with the KCFCD which allocated an additional $11 million of
District funds and assigned responsibility for design and construction of the project to
the City of Kent.
EXHIBITS: None
RECOMMENDED BY: Public Works Director
YEA: N/A NAY: N/A
BUDGET IMPACTS: This contract was funded out of the $18 million which was
allocated to the Briscoe-Desimone Levee project through an Interlocal Agreement with
the KCFCD.
MOTION: Authorize the Mayor to accept the Briscoe-Desimone Levee
Improvements Reach I project as complete and release retainage to
Tapani, Inc., upon receipt of standard releases from the state and the
release of any liens.
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OTHER BUSINESS
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Agenda Item: Bids – 9A_
TO: City Council
DATE: April 5, 2016
SUBJECT: Riverbend Well – Award
SUMMARY: This project is to drill the new irrigation well in proximity to the existing
well with specific location determined by the requirements of the drilling equipment
and the appropriate setbacks. The plan is to land a 12-inch well casing at a depth of
450 feet and complete a sand-packed well in a sand aquifer encountered between 400
and 450 feet in the existing well. Flowing artesian conditions may be encountered.
Therefore, a flow seal must be set into the first confining layer encountered beneath
the site. This is expected to result in a seal set at about 90 feet below land surface.
The precise position of the flow seal will be determined in the field once the geologic
conditions are known. The well will be drilled with cable-tool methods using 12-inch
casing after the 16-inch flow seal casing has been cemented in place. A temporary 20-
inch casing must be set to accomplish the required sealing.
EXHIBITS: Bid Tab
RECOMMENDED BY: Parks, Recreation and Community Services Director
YEA: N/A NAY: N/A
BUDGET IMPACT: Budgeted in the Riverbend Capital budget
MOTION: Award the Riverbend Irrigation Well Project agreement with
Charon Drilling, Inc. in the amount of $135,106.00 and authorize the Mayor
to sign all necessary documents, subject to final terms and conditions
acceptable to the City Attorney and Parks Director.
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PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling, Director
Phone: 253-856-5100
Fax: 253-856-6050
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
TO: Mayor Cooke and Kent City Council
DATE: March 25, 2016
FROM: Pete Petersen, Riverbend Golf Complex Superintendent,
Jeff Watling, Parks, Recreation and Community Services Director
RE: Riverbend Irrigation Well Project - Bid Tab
The bid opening for the Riverbend Irrigation Well Project was held on Friday, March
25, 2016 with one bid received. The lowest responsible and responsive bid was
submitted by Charon Drilling, Inc. in the amount of $135,106.00. The Engineer's
estimate was approximately $150,000.00. The Parks, Recreation and Community
Services Director recommends awarding this project to Charon Drilling, Inc. and
entering into a public works agreement.
Bid Summary (bids do not include WSST)
01. Charon Drilling, Inc. $135,106.00
Engineer's Estimate: approximately $150,000.00
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Agenda Item: Bids – 9B_
TO: City Council
DATE: April 5, 2016
SUBJECT: Kent Regional Trails Connector – Award
SUMMARY: The Public Works Department competed for and was successful in
obtaining a $1,125,368 federal grant for the Kent Regional Trails Connector project.
This project will construct a new east-west multi-use trail connecting the existing
Green River Trail to the Interurban Trail. The trail location will be adjacent to the
Green River Natural Resources Area and will include the installation of rectangular
rapid flashing beacons at 64th Avenue and 72nd Avenue and a new “HAWK” signal at
the crossing of West Valley Highway and a new non-motorized bridge. The bridge will
be constructed across Mill Creek on the east end connecting to the Interurban Trail.
EXHIBITS: Memo dated March 15, 2016
RECOMMENDED BY: Public Works Director
YEA: N/A NAY: N/A
BUDGET IMPACTS: Funding for this work will be provided by a federal grant from the
Federal Highway Administration (FHWA) for $1,125,368.00. The City’s funding match
is $176,635.00.
MOTION: Award the Kent Regional Trails Connector Project to Pivetta
Brothers, Inc. in the amount of $ 1,186,225.00 and authorize the Mayor to
sign all necessary documents, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E.,
Public Works Director
Address: 400 West Gowe Street
Kent, WA. 98032-5895
Phone: 253-856-5500
Fax: 253-856-6500
DATE: March 15, 2016
TO: Mayor Cooke and Kent City Council
FROM: Timothy J. LaPorte, P.E. Public Works Director
RE: Kent Regional Trails Connector - Award
Bid opening for this project was held on Tuesday March 15, 2016 with eight (8) bids
received. The lowest responsible and responsive bid was submitted by Pivetta
Brothers Construction in the amount of $1,186,225.00. The Engineer's estimate was
$1,390,141.00. The Public Works Director recommends awarding this contract to
Pivetta Brothers Construction.
Bid Summary
01. Pivetta Brothers Construction $1,186,225.00
02. Boettcher & Sons, Inc. $1,283,027.00
03. R.W. Scott Construction Co. $1,359,680.00
04. Rodarte Construction, Inc. $1,388,510.00
05. Razz Construction, Inc. $1,394,435.00
06. DPK, Inc. $1,481,740.00
07. Marshbank Construction, Inc. $1,502,600.00
08. Active Construction, Inc. $1,561,784.85
Engineer's Estimate $1,390,141.00
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Agenda Item: Bids – 9C_
TO: City Council
DATE: April 5, 2016
SUBJECT: 2016 Asphalt Grinding – Award
SUMMARY: The project consists of planning approximately 10-foot wide sections of
pavement for approximately 35,000 feet on various roadways throughout the City.
EXHIBITS: Memo dated March 22, 2016
RECOMMENDED BY: Public Works Director
YEA: N/A NAY: N/A
BUDGET IMPACTS: Funded from Solid Waste Utility tax.
MOTION: Award the 2016 Asphalt Grinding Project to Puget Paving &
Construction Inc. in the amount of $ 62,790.00 and authorize the Mayor to
sign all necessary documents, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E.,
Public Works Director
Address: 400 West Gowe Street
Kent, WA. 98032-5895
Phone: 253-856-5500
Fax: 253-856-6500
DATE: March 22, 2016
TO: Mayor Cooke and Kent City Council
FROM: Timothy J. LaPorte, P.E. Public Works Director
RE: 2016 Asphalt Grinding - Award
Bid opening for this project was held on Tuesday March 22, 2016 with two (2) bids
received. The lowest responsible and responsive bid was submitted by Puget Paving
& Construction Inc. in the amount of $62,790.00. The Engineer's estimate was
$70,000.00. The Public Works Director recommends awarding this contract to Puget
Paving & Construction Inc.
Bid Summary
01. Puget Paving & Construction Inc. $62,790.00
02. R.W. Scott Construction Co. $65,463.24
Engineer's Estimate $70,000.00
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REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
A. Council President
B. Mayor
C. Administration
D. Economic & Community Development
E. Operations
F. Parks & Human Services
G. Public Safety
H. Public Works
I. Regional Fire Authority
J. Other
K. Other
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Page 1 of 9
OFFICE OF THE MAYOR
Derek Matheson, Chief Administrative Officer
Phone: 253-856-5700
Fax: 253-856-6700
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: 04/05/16
TO: Mayor Cooke
Councilmembers
FROM: Derek Matheson, Chief Administrative Officer
SUBJECT: CAO Report for Tuesday, April 05, 2016
The Chief Administrative Officer’s report is intended to provide Council, staff and
community an update on the activities of the City of Kent.
ADMINISTRATION
• City staff reached a verbal settlement agreement with Oakpointe Holdings that will
terminate the sale of Pine Tree Park. Chief Administrative Officer Derek Matheson and
City Attorney Tom Brubaker will update the city council in executive session on Tuesday,
April 5. If a written agreement is ready by that date, the council will have the option to
take action after the executive session.
• The CAO will update the council at the April 5 workshop on the process, timeline, and
budget to refresh the city’s strategic plan this summer.
• The city attorney and Public Works Department’s Ingrid Willms-Dixon have completed
appraisals of the Kent Fire Department Regional Fire Authority’s 407 Washington
Avenue N. property and the city’s property at the northwest corner of 116th Avenue SE
and SE 248th Street. The RFA and city have agreed in concept to swap the two parcels.
The police department currently uses the Washington Avenue parcel and the other
parcel is vacant. The city council and RFA’s governance board will need to approve any
transaction.
• The CAO met with the Economic & Community Development Department and Public
Works Department to explore how to create greater alignment between the city’s
economic development priorities and grant-funded transportation projects.
• The CAO attended the Northwest Regional Management Conference, a joint conference
of the Washington City/County Management Association and Oregon City/County
Management Association, from Tuesday, March 29, through Friday, April 1, in Skamania,
Washington. As the 2015-16 vice president of the Washington association, Derek was
responsible for organizing this conference as well as a summer conference in August.
• Kent’s Neighborhood Program, now in its tenth year, received two new neighborhood
recognition applications. Both situated on the East Hill, the first is the Talbot
neighborhood located at SE 193rd Place and 120th Avenue SE. The second is from
Meridian Firs I located at SE 247th Street and 145th Place SE. Together, the
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neighborhoods will be presented at the Economic & Community Development Committee
meeting on April 11 and formally recognized at City Council on April 19. There are
currently 29 neighborhood councils participating in the program, representing a total of
9,848 households which is 19.66% of just over 50,000 households throughout the city.
Adding these two neighborhoods brings the total to 31.
• Canvassers with Regional Animal Services of King County are going door-to-door in Kent
on weekends through the end of October to urge Cat and dog owners to license their
pets. This includes indoor or outdoor pets.
Besides offsetting the City’s cost to contract with King County for animal control, the
benefits of pet licensing are numerous:
o Re-uniting owners and lost pets, including a free ride home for licensed pets that
get lost;
o Saving animals’ lives by funding shelter care for injured and lost animals and pet
adoptions;
o Investigating and prosecuting cases of animal cruelty and neglect; and
o Providing resources to address complaints about vicious or nuisance animals.
Pet licenses are available at Kent City Hall or online at KentPetLicense.com.
• Work is about to get underway on road and utility improvements on the James Street
Hill between Woodford Ave. N and 104th Ave. SE. Over 7,000 letters were mailed to
residents/businesses regarding the components of the project, which include:
o James Street Pump Station will help alleviate flooding
o Water main replacement will improve water flow
o Sidewalks and plantings will beautify the corridor
o Asphalt overlay will make trips smoother
For more details and information, visit KentWA.gov/JamesStreetProjects.
ECONOMIC AND COMMUNITY DEVELOPMENT
• At the beginning of March, the Economic Community Development Division (ECD) staff
attended as a sponsor the UW-Tacoma South Sound Technology conference, and
networked with south sound business accelerators, maker spaces, members of AUVSI
(an organization dedicated to the promotion of the UAV industry), and UW technology
faculty.
• Staff worked to put the meet-up group “Washington Space Entrepreneurs” in contact
with the organizers of the New Space 2016 Conference (this June 21-23 in Seattle by
the Space Frontier Foundation), and encouraged the holding of a “New Space Preview
Event for Space Entrepreneurs” at the former Kent Space Center (CenterPoint). The
event, to be held on the afternoon of April 23, will include speakers from the venture
investors group Space Angels Network (Joe Landon) and Chairman of the Space Frontier
Foundation, Jeff Feige. ECD is helping to promote the event through its partners and to
local companies.
• ECD staff attended a Port of Seattle Economic Development Incubators and Accelerators
invite-only stakeholders meeting. The Port of Seattle has hired Community Attributes
Inc. to study the current landscape of incubation and/or accelerator services in Puget
Sound and how they may best participate to boost manufacturing exports. Preliminary
findings were to be revealed on Tuesday, March 29.
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• ECD met with the real estate representatives of the 2nd & Meeker Street buildings to
review ownership plans for the redevelopment of the key downtown corner and discuss
marketing of the property to regional development teams.
• Staff met with the realtor representatives of a national big box store chain to talk about
their site selection criteria and locations known to meet their requirements within Kent.
• Staff attended a Bisnow Hospitality event to network with development professionals
specializing in hospitality.
• Staff met with Kidder Matthews new retail team member, Damian Savilla, to discuss his
current projects and site selection in Kent.
• Staff attended a regional chapter of FIABCI (the International Real Estate Federation)
meeting in Bellevue to network with professionals in the local real estate development
field. Staff discussed hosting a similar meeting to outline opportunities in Kent for a
future meeting on May 12th.
• Staff met with foreign investors from Vietnam to hear more about their specific interests
and concepts for sites within Kent.
• Staff, in collaboration with Health and Human Services, arranged an introductory
meeting of community based organizations with Seattle Jobs Initiative as the Boeing
Foundation grant—aimed at placing refugees and immigrants in manufacturing careers—
starts.
FINANCE
• Finance continues to work with our Financial Advisor, Bond Counsel, and Underwriters
on refunding the City’s 2008A bonds and the Public Facilities Districts 2008 Special
Events Center Sales Tax bonds. The bond ordinance and associated agreements are
scheduled for the Operations Committee Meeting on April 5 and full Council on April 19.
The planned bond sale is June 2, 2016.
• In partnership with the City’s Public Works Department, Finance is preparing documents
for an Interfund loan agreement for the 72nd Avenue South Improvements project. The
interfund loan is scheduled for the Operations Committee meeting on April 5 and full
Council on the 19.
• The State Auditor’s Office is now on-site for the City’s 2015 audit process (they formally
began their process on April 1). The Auditor In Charge (AIC) is holding Risk Assessment
meetings the first full week of April with a handful of city staff and/or elected officials.
Finance has committed to providing the Auditor’s Office with our 2015 financial
statements and notes by April 20.
HUMAN RESOURCES
• Benefits Division
o Government Accounting Standard Board 45 Actuarial Report for the City’s LEOFF I
retirees, 2015 unfunded accrued liability is $24,586,823
o Staff is reviewing independent contractors in the Parks department, Golf division
o Staff organized two sessions for the Mayor’s Breakfast. The first one was on
March 30 from 7-8:30 a.m. and the second afternoon session is on April 6
o Staff are researching the DRS Temporary Parks service credit issue
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o Preparation of the ICMA-RC contract for Council authorization has begun
• Labor, Classification and Compensation
o Sending out background check notifications to affected Teamster positions and
running reports
o Working on the AFSCME Salary Survey
• Recruitment
o Established the eligibility list for PD for the rank of Entry Level Police Officer on
March 14
1. We had 32 applicants scheduled over the course of 5 days
2. Of the 32, two withdrew, two were late and not interviewed, and of the
remaining 28 candidates, ten (10) candidates passed the oral board
process and were placed on the list.
a. Of the 10, 2 are females and 8 are males. Both of the females are
white/Caucasian and of the eight males, one is Native
Hawaiian/Pacific Islander and one is African American. The
remaining six are white/Caucasian.
3. Packets were given to the PD so that they can begin the background
investigation portion of the process
o Staff are meeting with public works leadership to discuss opportunities to attract
more applicants for their seasonal and limited-hour positions
o Combination Building Inspector position closed in-house on 3/18; there was one
in-house applicant
o Reference checks are being conducted on the top candidate for the Environmental
Engineer Tech II position with an anticipated start date of April 1
o Editing our external website (CMS) for orphaned web pages
o Compiled the Civil Service Commission agenda packet and the minutes from the
February meeting
o Prepping for oral board interviews for Entry Level Police Officer March 28- April 1
o Staff are working on the oral board preparation and facilitation of the Entry Level
Police Officer position
o Prepared/opened an in-house recruitment for Police Records Specialist
o Closed out the Environmental Eng. Tech II position; Tanja Schade hired effective
April 1
• Risk Management
o The Zahn v. Kent (beanbag round) trial began on March 28 in Federal Court,
Seattle
INFORMATION TECHNOLOGY
• You Me We took place on Friday, March 4 at ShoWare center. Multimedia supported the
event through printed collateral, social media coverage, video promos and videotaping
at the event. The event had more than 3,200 participants who enjoyed everything from
robotics, photo booths to resources for families.
The short version of the video can be found at https://vimeo.com/158105131
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• The Mayor’s State of the City address took place on Wednesday, March 9 at ShoWare
center. Multimedia supported the event through printed collateral, social media
coverage and videotaping at the event. The event was put on by the Chamber of
Commerce.
The short version of the video can be found at https://vimeo.com/158418231. The full-
length video, including the entire speech, is available on the air and City website.
• The Kent Parks HERO Program Van was debuted at You Me We and the State of the City
events. HERO is a new Parks program that will deliver fitness and fun around Kent
starting this spring. Each week, HERO will focus on traditional and non-traditional
sports, exercise, and active games as well as nutrition and wellness. The van wrap
project was coordinated and designed by Mark Ciavarella.
PARKS, RECREATION, AND COMMUNITY SERVICES
• Recreation
o The 29th annual Kent Kids’ Arts Day took place on Saturday, March 12 from 10 a.m.
to 4 p.m. at the Kent Commons. The event drew approximately 1,500 kids and
families to experience performances by local student groups (7 groups) and various
hands-on art projects (15 projects). Each year, the Kent Lions Club contributes
funding for admission vouchers to ensure that lower income families have access to
the event. We distribute 500 vouchers through schools and social service agencies;
this year, 93 vouchers were redeemed.
o Folk-rock singer-songwriter Al Stewart performed as part of Spotlight Series on
Friday, March 18 at Kentwood High School Performing Arts Center. A completely sold
out crowd of 468 enjoyed the show.
o The annual Student Art Walk and exhibit took place March 14-25. This event paired
22 schools (500+ students) with 23 downtown businesses. A reception, sponsored
by a local Kiwanis Club, was held in the Centennial Gallery on March 17 from 5-7p.m.
Page 6 of 9
in conjunction with the Kent Downtown Partnership’s monthly Third Thursday Art
Walk. Approximately 50 people attended the reception.
• Cultural Programs staff attended the Washington Festivals and Events Conference in
Olympia and once again found themselves making repeated trips to the stage during the
awards portion of the conference. The conference honors events and organizations
doing exceptional work in marketing and making their community a better place. The
Kent Parks Department along with our talented partners in the multimedia division
received awards under the umbrella of marketing and promotions for the Fourth of July
Splash poster (bronze…budgets under $75k), Spotlight Series Printed Program
(bronze…budgets under $75k), Christmas Rush t-shirt (silver… budgets under $75k) and
Cornucopia Days t-shirt (bronze… budgets under $75k). The Parks Department
appreciates our partners in multimedia for consistently helping to make our events look
incredible!
• Every quarter, adaptive recreation staff participates in outreach opportunities across the
community to share information about programs and services offered by the Parks
Department. It’s not unusual to attend a small parent support group one evening and a
large student assembly the next day. The most recent engagement was at the Mill
Creek Middle School Brain Symposium, an event to connect students and families with
resources and information regarding health, wellness, development and learning.
• The adaptive recreation track and field program is underway (and at capacity) with 20
athletes setting their sights on gold! Over the next 10 weeks, multiple coaches and
volunteers will teach, train, and mentor athletes every Wednesday evening with the
hope of qualifying for the Special Olympics Summer Games in June. This valuable
program helps persons with special needs achieve success in the areas of fitness,
sportsmanship, self-esteem, and commitment to hard work.
• Spring quarter registration at the Senior Activity Center opened with hundreds of
returning and new participants anxiously hoping to secure their places in trips, classes,
and events coming this spring. Over three quarters of the spring offerings were full after
two days of sign-ups.
• An incredible senior ski season has come to a close with over 200 skiers participating in
the “North of 50” ski program. Full buses of senior skiers headed to the slopes for the
15 day ski trips (downhill, cross country and snowshoeing) as well as four overnight ski
adventures. The Senior Activity Center is now looking forward to a Spring of hiking,
fishing, and outdoor adventures with over 42 trips ranging from an easy day strolling
the streets of La Conner to cheese making, zip lining, golfing at Sun Country, fishing at
Mineral Lake, or hiking at Skookum Flats.
POLICE
• Staff Changes - Hiring/Retirement/Recruitment/ Leaves/Promotions
o Two conditional offers to entry level officer candidates. They will move forward in
the background process.
• Significant crime activities/arrests/investigations
o Gang related shooting Easter Sunday evening on 27th Pl S. No one was injured. Two
suspects were arrested by responding officers. Detectives are investigating.
o Residential burglary on Sunday, March 27. The victim saw several adult males in his
residence and noted that his door was kicked in and items were missing. Patrol
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located one subject who later confessed to part of the burglary. This suspect also
had warrants for a Domestic Violence kidnapping. Detectives are investigating.
o Charges were filed on the Somerset Murder that stemmed from a drive-by gang related
incident in January. After extensive investigation detectives presented the case to
prosecutors.
o SIU (Special Investigations Unit) arrested a registered sex offender on an underage
‘John’ sting.
• Major emphasis patrol
o In addition to working 16.5 hours on the DDACTS project, Traffic and Patrol Officers
just completed a two week patrol called “5 to Stay Alive.” This was a county-wide
patrol focusing on impaired driving, speeding, seat belts, distracted driving, and
pedestrians. Kent PD worked 54.25 hours, made 144 contacts, wrote 212 notices of
infraction, and arrested 1 DUI.
Facebook public outreach showed a total of 5528 users were reached by the various
messages that were posted during the two week campaign.
o Extra patrol was provided for the following
o Drug and gang activity in the area of 108th & 240th.
o Gang tagging at 27th Place.
o Sounder Garage and West Hill Park & Ride for vehicle thefts in partnership with
King County Metro.
• School issues
o The threat of a potential shooting at Kent Meridian High School on March 29 is
believed to be a hoax. There is evidence to support this theory and detectives are
continuing to investigate.
• Events and awards
o Assistant Chief Jon Straus retired March 31.
o On April 1, Eric Hemmen will be promoted to Assistant Chief; Jon Thompson
promoted to Commander; Matt Holmes promoted to Commander; Matt Stansfield
promoted to Sergeant; and Jason Bishop promoted to Sergeant.
PUBLIC WORKS
• Street concrete crews are installing an asphalt walkway along West Meeker Street at
Riverbend Golf Course. Crews are also working with the engineering staff to raise the
elevation along the Green River Trail to meet the Corp’s requirement for accreditation
along this stretch of levee.
• Signs and Markings Crews are upgrading all Speed Bump signs and posts on the West
Hill.
• Vegetation crews are on 204th St (East of West Valley Highway) worked on island
rehabilitations to have them completed by the end of March.
• Water Mains and Services
o Our 10-inch watermain relocation for the James Street Pump Station project is
complete. The watermain is now looped at the end of Clark Street off of James
Street and online.
o Installing a new control valve vault at our 3.5 Tank up on the East Hill. Construction
should wrapped-up by April 1, with tank refill and sampling the following week.
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• Water Source and Supply staff started work on the 2015 Water Quality Report. This
report is due to our water users by July 1 annually.
• Storm crews are repairing a storm line spot at 124th and 216th; At 30th and Kent Des
Moines we are planning to install some pipe and dig/reestablish a ditch in the same
area.
• Sewer crews are casting change outs that are planned to take place on West Valley
Highway and a couple in the north end of the Valley.
Operations Personnel
o Interviews for Term Limited Term, Street Maintenance Worker 2 position will took
place on March 29.
o Interviews for our Water Quality System Maintenance Worker 3 position in the
Source & Supply Section were conducted on March 31.
o Water Distribution Mains and Services Section and Water Distribution Hydrants
and Large Meters Section have new a water maintenance assistants starting on
April 5.
• Design
o First Ave. N. – Plans and specs are complete. Advertisement for bids is April 5.
o Kent Regional Trail Project – Being awarded on April 5 to Pivetta Bros.
o 277th St. Auburn Project – Coordinating project with Auburn, Kent IT Dept. and PSE.
Kent and PSE will need to relocate conduits and fiber optic line at proposed box
culvert.
o Vacant positions – Interviews for the GIS Tech III position are scheduled for April 7;
Received 7 applications for the Design Engineering Manager position; Recruitment
plans for the Engineer II and Design Tech. III positions were approved by HR
Monday and scheduled to advertise.
• Land Survey
• Construction Surveying: Kent-Kangley Pedestrian Improvements; 72nd Ave.
Extension; Central Ave.; James St. Pump Station.
• Design Surveying: 228th/UPRR Grade Separation; 2016 Water Improvements; Hytek
site topography.
• Construction
o Central Ave S. Pavement Preservation and Utility Improvements:
Final sidewalk replacement from SE 259th St. to Willis St. will conclude during the
week of April 4. Prep work began the week of March 28.
o 72nd Ave Extension: Contract work proceeded on March 28 with site prep, TESC,
clearing and grubbing, and private utility relocates. Grout column installation will
proceed on the north side of the future bridge construction later this week.
o James St. Pump Station: The preconstruction meeting with Rodarte Construction
took place on March 15 and contract work will proceed on April 4.
o 2016 Asphalt Overlays: The contract with Icon Materials was fully executed on
March 24, and a merge meeting with the design team and Construction was on
scheduled for March 31.
o James Street Improvements – Watermain and Landscaping: The project has been
awarded to R.L. Alia Company and the contract is currently in our offices for final
review and execution.
o Emergency Sewer Repair: We are working with Scarsella Brothers to make an
emergency repair in an existing sewer line that runs behind homes between S 263rd
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Street and Somerset Lane. This repair will begin on Wednesday and final restoration
work will likely take place during the following week.
• Transportation
o Staff is preparing a Puget Sound Regional Council Grant application for road
preservation. The grant application proposes to overlay a portion of East Valley
Highway between S. 212th Street and 180th Ave. The roadway is currently being
analyzed to determine which section bests fit grant criteria.
• Environmental
• Taj Schade has been hired as our new Environmental Engineering Tech II and we are
excited to have her starting in that role on April 1.
• A pre-bid meeting for contractors was held on March 31 for the Leber Backchannel
Project to present the project and answer questions.
• Staff met with the Salmon Recovery Funding Board Grant Manager to discuss
inclusion of recreation facilities along Frager Road.
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EXECUTIVE SESSION
A. Potential Litigation, as per RCW 42.30.110(1)(i)
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ACTION AFTER EXECUTIVE SESSION
A. Pine Tree Park Settlement Agreement – Approve
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