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HomeMy WebLinkAboutCity Council Committees - Parks and Human Services Committee - 03/02/2023 (3) 4^* Parks and Human Services • Committee KEN T Thursday, March 2, 2023 WASH I NGTON 4:0 0 PM Chambers To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID 838 1479 4289, Passcode 929221 Chair Zandria Michaud Councilmember Satwinder Kaur Councilmember Toni Troutner ************************************************************** Item Description Action Speaker Time 1. Call to Order Chair 2. Roll Call Chair 3. Agenda Approval Chair 4. Business Chair A. Approval of Minutes Approval of February 2, YES Chair 01 MIN. 2023 Minutes B. 2023-2024 4Culture NO Ronda Billerbeck 05 MIN. Sustained Support Award - Informational C. 2023-2027 City Art Plan - YES Ronda Billerbeck 15 MIN. Adopt D. Community Development YES Brittany Gaines 10 MIN. Block Grant 2023 Annual Action Plan - Approve E. King County Parks Capital YES Bryan Higgins 05 MIN. and Open Space Program - Capital Project Grant Agreement (Morrill Meadows Park) - Authorize F. King County Parks Capital YES Bryan Higgins 05 MIN. and Open Space Program - Capital Project Grant Parks and Human Services Committee CC Parks March 2, 2023 Regular Meeting Agreement (Salt Air Vista Park) - Authorize G. King County Parks Capital YES Bryan Higgins 05 MIN. and Open Space Program - Capital Project Grant Agreement (Regional Trails Enhancement Project) - Authorize 5. Adjournment Chair The public may submit written public comments that relate to a committee agenda item by emailing: cityclerk@kentwa.gov by 3:30 p.m. on the day of this committee meeting. After 3:30 p.m., written public comments may only be submitted in person by presenting them to the committee secretary at the public meeting. Written public comments that do not relate to a committee agenda item are not permitted. Written public comments are not read into the record. Unless otherwise noted, the Parks and Human Services Committee meets at 4 p.m. on the First Thursday of each month in City Council Chambers, 220 Fourth Avenue South, Kent WA 98032. For additional information, contact Ronald Lashley via email at Rlashley@kentwa.gov or call 253-856- 5101. Any person requiring a disability accommodation should contact the City Clerk's Office at 253-856- 5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1. Pending Approval Parks and Human Services KENT Committee W—...... CC Parks Regular Meeting Minutes February 2, 2023 Date: February 2, 2023 Time: 4:00 p.m. Place: Chambers Members: Zandria Michaud, Chair Satwinder Kaur, Councilmember Toni Troutner, Councilmember Agenda: 4- 0 1. Call to Order 4:00 p.m. 0 2. Roll Call a Q Attendee Name Title Status Arrived Zandria Michaud Chair Present a 0 Satwinder Kaur Councilmember _Present _ Toni Troutner Councilmember Present N 0 N 3. Agenda Approval N 4. Business LL0 4- 0 A. Approval of Minutes Approval of Minutes dated January 5, 2023 MOTION: Move to approve the Minutes dated January 5, 2023 ai RESULT: APPROVED [UNANIMOUS] r MOVER: Satwinder Kaur, Councilmember SECONDER: Toni Troutner, Councilmember Q AYES: Michaud, Kaur, Troutner v, a� r B. Resolution Allocating Funds to Finance Affordable Housing Projects = in South King County Communities - Adopt MOTION: I move to adopt Resolution No. 2054, to authorize the allocation of $317,818.98 from the City's contribution to the SKHHP Housing Capital Fund to finance affordable housing projects in South King County communities. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page I of 2 Packet Pg. 3 Parks and Human Services Committee CC Parks February 2, 2023 Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]Next: 2/7/2023 7:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Michaud, Kaur, Troutner C. Goods and Services Agreement with Siemens Industry, Inc., for City of Kent HVAC System Software - Authorize MOTION: I move to authorize the Mayor to sign the Goods & Services Agreement with Siemens Industry, Inc, in the amount of $207,334.10, subject to final terms and conditions acceptable to the Parks Director and City Attorney. — RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]Next: 2/7/2023 7:00 0 PM a MOVER: Satwinder Kaur, Councilmember Q SECONDER: Toni Troutner, Councilmember a AYES: Michaud, Kaur, Troutner c v D. Amendment to Interlocal Agreement with King County to Accept N Funds from King County Conservation Futures for the Ruth Property N Acquisition - Authorize N Motion: I move to accept grant funds in the amount of $2,000,000 a from the King County Conservation Futures Fund for the Ruth — Property acquisition, amend the budget, authorize expenditure of funds, and authorize the Mayor to sign all necessary agreements and ; other documents, subject to terms and conditions acceptable to the Parks Director and City Attorney. c RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]Next: 2/7/2023 7:00 PM MOVER: Toni Troutner, Councilmember Q SECONDER: Satwinder Kaur, Councilmember AYES: Michaud, Kaur, Troutner 9 S. Adjournment p.m. 2o-naU Lm,� Committee Secretary ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 2 of 2 Packet Pg. 4 4.6 PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE Parks Director 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5100 DATE: March 2, 2023 TO: Parks and Human Services Committee SUBJECT: 2023-2024 4Culture Sustained Support Award - Informational SUMMARY: 4Culture (King County's arts agency) has awarded the City of Kent Arts Commission $18,000 in Sustained Support funding for each of the calendar years (2023 and 2024) in this biennium. SUPPORTS STRATEGIC PLAN GOAL: Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. Packet Pg. 5 4.0 PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE Parks Director 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5100 DATE: March 2, 2023 TO: Parks and Human Services Committee SUBJECT: 2023-2027 City Art Plan - Adopt MOTION: I move to adopt the 2022-2027 City Art Plan. SUMMARY: As required by Ordinance 2552 and Kent City Code 4.04, the Kent Arts Commission has approved an annual plan outlining expenditures of the $2 per capita City Art fund to be approved by City Council. BUDGET IMPACT: NONE SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. 2023-2027 City Art Plan (PDF) Packet Pg. 6 4.C.a CITY OF KENT Parks, Recreation & Community Services Kent Arts Commission c a. Q r U I- N O N M N 2023 CITY ART PLAN N FIVE YEAR CITY ART PLAN, 2023 - 2027 ;n M Kent City Code 4.04 a Q U I- N O N M N O N C N E M V r Q Approved: Visual Arts Committee 1/25/2023 Kent Arts Commission 2/8/2023 City Council Parks Committee: City Council Packet Pg. 7 4.C.a CITY OF KENT Parks, Recreation & Community Services Kent Arts Commission 2023 CITY ART PLAN (Budget for 19026223.4310) Account Balance as of 1/1/2023 $597,134 Does not include 2023 per capita funding which transfers to the project account at the end of the year (estimated to be approximately $120,000 after administrative expenses.) 2023 Projects Cost Downtown Rotating Mural Project $35,000 a Willis Rotating Sculptures $35,000 Q Digital Art Project/Kent-Kherson $25,000 Portable Collection Purchases $15,000 v Kent Valley Loop Trail $60,000 c Garrison Creek Renovation $120,000 M Maintenance and Programming 37 526 0 Opportunity fund/Savings for Future Projects $269,608 N Ln ti TOTAL: $597,134 M c a a N O N 2023 estimated population (138,335) x 2/ca ita $276 770 N 2023 Salary and Administration (supplies, $164,070 N professional services, routine maintenance/repair) as E Anticipated transfer to project account at close of $112,700 2023: r Q 2 Packet Pg. 8 4.C.a KENT ARTS COMMISSION 2023 CITY ART PLAN NARRATIVE Project Title: Community Project Artwork: Downtown Rotating Mural Project Project Description: In 2021, the Kent Downtown Partnership approached the Kent Arts Commission about placing murals on two buildings downtown, providing an opportunity to implement a rotating, temporary mural program with murals that remain in place for a two-year cycle. Murals are constructed with panels mounted on building walls. Artwork is transferred to vinyl wraps and applied to the panels. Estimated Costs: $35,000 (This amount includes funding for the two existing sites.) Funding Source: 2023 City Art Plan: $52,000 Partner: Kent Downtown Partnership (property owner liaison) a a Background: Benefits of the temporary rotating mural program include: Adding interest/energy to downtown Kent (updated every two years); aesthetically improving the walls; u partnering with Kent Downtown Partnership; high visibility; potential for expansion; creation of N opportunities for local, emerging and/or artists of color; vinyl-wrapped panels provide vibrant M color, are easy to clean in the case of graffiti, and allow artists with limited large-scale N experience to enter the public art realm. c`! LO Locations: The project was started in 2021 with two locations: 1) East-facing wall on Harrison Street, overlooking Air Ways Brewery parking lot. (14' x 20') 2) East-facing wall of building adjacent to the vacant lot at 2nd Avenue and Meeker Street. (12' x 40'). a Q Project Title: Art Project - 41" Avenue and Willis Greenways Rotating Sculpture Program ti N Project Description: The Parks Department has constructed greenways to the north and south of N Willis St. at the 41"Ave. and Willis St. roundabout. These areas provide welcoming gateways and o increase connectivity through streetscape amenities, trees and vegetated buffers, lighting, N promenades and walkways, and artwork. The Arts Commission will implement a rotating sculpture program in which sculptures will remain in place for a two-to-three-year cycle using E two structural footing pads already installed as part of the construction. U Estimated Costs: $35,000 (including artist fees, potential purchase awards, a and a contracted project manager/curator) Funding Source: 2023 City Art Plan: $0 2022 City Art Plan: $35,000 (approved in 2022 and carried over) City Partner: Parks Planning and Development Background: The Kent Downtown Reactivation & Access Project is a multi-phased project coordinated between the Public Works and Parks Departments. Benefits of the sculpture program include: Adding interest/energy to the site (updated on a regular cycle); high visibility; potential for expansion; opportunity to create a permanent sculpture gallery through purchase awards. 3 Packet Pg. 9 4.C.a Location: 4t" Avenue and Willis north and south Greenways Project Title: Art Project - Kent-Kherson Park/Digital Artwork Project Description: Parks Planning and Development is close to completing construction on a newly renovated, space-themed park at 307 West Gowe Street (Kent-Kherson Park). The park design includes a Lunar Rover replica, a life-sized astronaut, and a large screen with projection capabilities. The Arts Commission will provide artistic content for the projection component by commissioning new artwork from digital/video specific artists. Estimated Costs: $25,000 (including artist fees and a contracted project manager/curator) Funding Source: 2023 City Art Plan: $0 a 2022 City Art Plan: $25,000 (approved in 2022 and a carried over) U City Partner: Parks Planning and Development o N Background: The newly renovated park aims to celebrate our region's legacy of aero and outer o space innovation by memorializing its role in space exploration. We believe this is an excellent opportunity to spotlight the creativity of Kent residents and digital artists. LO M Location: Kent-Kherson Park, 307 West Gowe Street a Project Title: Summer Art Exhibit Purchase Program U Project Description: Purchase quality artworks from area artists that enhance the value of the N City Portable Art collection. The artworks are exhibited in publicly accessible areas of City N facilities, helping to beautify Kent. Budget for artwork purchases ensures high quality of o applicants to Summer Art Exhibit and allows for more strategic purchases. N Estimated Costs: $15,000 E M U Funding Source: 2023 City Art Plan: $15,000 a 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 Packet Pg. 10 4.C.a Project Title: Capital Project Artwork(s) - Kent Valley Loop Trail (KVLT) Project Description: The Parks Department has long-term plans to create a Kent Valley Loop Trail system. 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. In collaboration with Parks Planning and Development staff, the Kent Arts Commission has identified an opportunity to site artwork through this trail system. Possible projects include murals on industrial buildings along the Interurban Trail, or sculptures along the Green River Trail. This project ties directly to the plan to establish a 4t" Avenue and Willis Greenways Rotating Sculpture Program. Potential purchases from the rotating sculpture program could populate a permanent sculpture gallery along the Green River Trail. Estimated Costs: $60,000 Funding Source: 2023 City Art Plan: $0 2021 City Art Plan: $60,000 (approved in 2021 and a carried over) a City Partner(s): Parks Planning and Development, Economic and Community Development N 0 N Background: The vision for the KVLT is to enhance recreation opportunities at Kent's river-front N parks and along the Green River Trail that connects them. Parks Planning and Development N contracted with Berger Partnership to develop a Master Plan for the project in 2013. Through a LO competitive selection process, the Arts Commission selected Ellen Sollod to serve as the artist M representative on the planning team and to create an art plan for the KVLT. Location: Kent Valley Loop Trail/parks along Green River Q U ti N Project Title: Capital Project Artwork(s) - Garrison Creek Park Renovation N A N Project Description: The Parks Department plans to renovate and update existing park facilities N to create more recreation opportunities at Garrison Creek Park. The project will focus on upgrading the surface and facilities located on the existing cistern lid, including new court E surfaces for pickleball, basketball, and tennis alongside playground features. The project will also update the walking loop, increase parking, and renovate the plaza. Bidding is anticipated at the a end of 2023, with construction starting in 2024. Parks Planning and Development staff and Arts Commission staff hope to bring a Public Artist on board as part of the early design process. Estimated Costs: $120,000 Funding Source: 2023 City Art Plan: $120,000 City Partner(s): Parks Planning and Development Background: Public art has long been part of the amenities at Garrison Creek Park. Artist Elizabeth Conner created "Underground Secrets," a variety of art pieces installed at the park in 1999. This integrated artwork leads visitors through the space, while also revealing the presence of the underground reservoir in whimsical ways using recycled pipes, valves, and water-related 5 Packet Pg. 11 4.C.a mechanisms. The Arts Commission plans to retire and replace the nearly 25-year old artwork, which now requires more frequent maintenance. Location: Garrison Creek Park, 9615 S. 218t" Street Project Title: Collection Maintenance and Programming Project Description: Projects include outdoor sculpture maintenance and collection repair, helping to sustain existing assets. Projects in 2023 may include assessment and decommission of Daily Migration train corridor sculptures (Dos Remedios, 2005); and various repair and maintenance projects. Estimated Costs: $37,526 Funding Source: 2023 City Art Plan: $0 a 2022 City Art Plan: $37,526 (approved in 2022 and a carried over) U Background: This fund may be used for maintaining and providing programming for existing N artworks. N M N O N LO Project Title: Opportunity fund (capital projects, strategic art acquisition, economic development implementation) and savings for future projects a Project Description: Identify and implement art project(s) to address City and community goals. a 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 U City of Kent Economic Development Plan. Possibilities include projects in partnership with N Economic Development and/or the Kent Downtown Partnership and acquiring artwork to M strategically build the City's collection. This fund also allows the Arts Commission to set funding c aside for upcoming capital projects such as the Springwood Park Renovation, Mill Creek Canyon trails, and the new East Hill North Park. E Estimated Costs: $269,608 a a Funding Source: 2023 City Art Plan: $29,227 2022 City Art Plan: $240,381 (approved in 2022 and carried over) City Partner: Economic Development, Parks Planning and Development Background: Kent Arts Commission staff regularly engages in discussions with Economic Development staff, Parks Planning and Development staff, and the Kent Downtown Partnership about ways to partner and use art to achieve community goals. Location(s): TBD 6 Packet Pg. 12 4.C.a KENT ARTS COMMISSION CITY ART 5 YEAR PLAN: 2023 - 2027 2023 PROJECTS COSTS Account balance: $597,134 Projects Art Project: Downtown Rotating Mural Project 35,000 Art Project: 4t" Ave. & Willis St. Rotating Sculpture Program 35,000 Portable Collection Purchases 15,000 Art Project: Kent-Kherson Park/Digital Artwork 25,000 Capital Art Project: Kent Valley Loop Trail 60,000 Capital Art Project: Garrison Creek Renovation 120,000 Opportunity Fund/Future Projects 269,608 Collection maintenance and programming 37,526 Total $597,134 2024 PROJECTS COSTS Estimated account balance: (assuming $277K for per cap, $165K admin) $381,608 Projects Capital Art Project: Springwood Park Renovation 80,000 Art Project: Traffic Signal Control Box Wraps 35,000 a Art Project: Kent-Kherson Park/Digital Artwork 25,000 Portable Collection Purchases 15,000 ', Opportunity Fund/Future Projects 201,608 U Collection maintenance and programming 25,000 ti Total $381,608 c N 2025 PROJECTS COSTS N Estimated account balance: (assuming $277K per cap, $165K admin) $313,608 N Projects LO Art Project: 4t" Ave. & Willis St. Rotating Sculpture Program 35,000 Art Project: Downtown Rotating Mural Project 40,000 Art Project: Kent-Kherson Park/Digital Artwork 25,000 Capital Project artwork(s): East Hill North Park 100,000 f° Portable Collection Purchases 15,000 a Opportunity Fund/Future Projects 68,300 Q Collection maintenance and programming 30,308 Total $313,608 V ti N 2026 PROJECTS COSTS N Estimated account balance: (assuming $277K per cap, $170K admin) $175,300 Projects c Capital Art Project: Mill Creek Canyon Trails 70,000 N Art Project: Traffic Signal Control Box Wraps 35,000 Art Project: Kent-Kherson Park/Digital Artwork 25,000 Portable Collection Purchases 10,000 Opportunity Fund/Future Projects 25,000 Collection maintenance and programming 10,300 Q Total $175,300 2027 PROJECTS COSTS Estimated account balance: (assuming $277K per cap, $170 admin) 132,000 Projects Art Project: 4t" Ave. & Willis St. Rotating Sculpture Program 35,000 Art Project: Downtown Rotating Mural Project 40,000 Portable Collection Purchases 10,000 Opportunity Fund/Future Projects 37,000 Collection maintenance and programming 10,000 Total $132,000 7 Packet Pg. 13 4.D PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE Parks Director 220 Fourth Avenue South KENT Kent, WA 98032 W A S H i N G T O N 253-856-5100 DATE: March 2, 2023 TO: Parks and Human Services Committee SUBJECT: Community Development Block Grant 2023 Annual Action Plan - Approve MOTION: I move to approve the Community Development Block Grant 2023 Annual Action Plan, including funding allocations and contingency plans and authorize the Mayor to execute the appropriate certifications and agreements subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: Human Services is requesting approval of the Community Development Block Grant 2023 Annual Action Plan to receive 2023 CDBG allocation for the year. BUDGET IMPACT: NONE SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. 2023 Annual Action Plan Community Development Block Grant (CBDG) Program (PDF) Packet Pg. 14 4.D.a c a c O r U Q �a c c Q M N O N 0 m (C ti M E R K NT 0 WASH IN GTO Na C9 0 m U r c City of Kent L) 2023 Annual Action Plan CO T Community Development Block Grant (CDBG) Program E O a� m 0 r E E 0 U c R d c O v Q R 3 C C Q M N O N r C O E t V R Annual Action Plan 1 Q 2023 Packet Pg. 15 4.D.a Executive Summary a AP-05 Executive Summary - 91.200(c), 91.220(b) o 1. Introduction Q The City of Kent became a Community Block Grant (CDBG) entitlement City in in 2003. Entitlement cities Q receive a CDBG entitlement grant directly from the U.S. Department of Housing and Urban Development N (HUD), managing and staffing their own programs.[1] Cities are eligible to apply for a direct grant only if N they have at least 50,000 residents and submit a multi-year Consolidated Plan (CP); the City submits its m plan every five years through the King County Consortium. In addition to King County and Kent,the L) U Consortium includes the cities of Auburn, Bellevue, and Federal Way.The most recent five-year plan was approved by HUD and is effective for 2020-2024.An Action Plan is submitted each year of the 2020- M 2024 CP; this Annual Action Plan (AAP) is for the 2023 program year,the fourth program year of the CP. E L The CP identifies the objectives and outcomes that will guide the city as it determines how to invest its o a grant.The objective of the CDBG Entitlement Program is to develop urban communities by providing decent housing, a suitable living environment, and economic opportunities, principally for o m low/moderate-income persons. Low/moderate-income persons are those earning less than 80%of the �? r area median income (AMI).The 2023 AAP will continue to pursue the objectives outlined in the CP, L tracking outcomes for each funded project. c9 0 2023 CDBG Allocation: m T c m The City of Kent estimates it will receive the same CDBG allocation in 2023 that HUD awarded in 2022: a $1,131,489. Once HUD confirms the City's final allocation,the City will adjust its budget before a2i submitting the 2023 Action Plan to HUD. The City anticipates that HUD will verify the final allocation by 0 March or April 2023.The CDBG contract between HUD and the City is usually signed months after HUD r provides notice regarding the amount of the City's grant. Consequently, CDBG sub-recipients receive their first payments between late spring to late summer. E 0 U 2. Summarize the objectives and outcomes identified in the Plan c a c The outcomes and objectives are: U Q • Accessibility to decent housing c • Accessibility to a suitable living environment Q • Accessibility to economic opportunities N 0 N The mission of the City's Human Services Division, which awards CDBG grants to sub-recipients, is to create a healthy,thriving, and inclusive community for all Kent residents by ensuring access to E opportunity and high-quality services. Annual Action Plan 2 Q 2023 Packet Pg. 16 4.D.a 3. Evaluation of past performance c This is an evaluation of past performance that helped lead the City to choose its goals or projects. a- 0 r In 2022,the City used its CDBG funds to provide a wide variety of services which met the objectives of Q the CDBG Entitlement Program. Work was primarily executed by nonprofits (sub-recipients); however, City staff provided home repair services to Kent homeowners and hired private contractors as needed. Q M N In addition,the City collaborated regionally with consortium cities, suburban cities, foundations, new c N and emerging organizations, businesses,faith-based organizations, and government (county,federal, m and State). U m Accomplishments in 2022 were: M 2022:$1,131,489 a� 0 L The City successfully addressed the goals of meeting basic needs, affordable housing to homeless and a at-risk persons, increasing self-sufficiency, and planning and administration. Sub-recipients used Kent o CDBG funds to provide: U r c • Rent and utility assistance • Home repair assistance 0 • Case management services to youth with intellectual disabilities and their families m • Shelter c m • Transitional housing E a • Comprehensive case management and support services to two housing facilities in Kent- aoi Titusville Station & Family Emergency Shelter m 0 • Employment and training r • Planning and administration activities E E Outcomes for 2022 are still in process and organizations are primarily on track. v c 4. Summary of Citizen Participation Process and consultation process . 0 Summary from citizen participation section of plan. Q Citizen participation (hereinafter referred to as Community Participation Process or community participation) is the source in which the Consolidated Plan is developed.The City solicited comments M N and input from low/moderate income persons and households, non-governmental organizations, N nonprofits, and other interested parties regarding the development of the 2023 AAP. a� E c� Annual Action Plan 3 a 2023 Packet Pg. 17 4.D.a The City convened the first public hearing on September 6th,2022, before this draft AAP was released; and a second hearing is scheduled for February 16th, 2023. First hearing was held virtually, second hearing scheduled to be held in-person. Nine (9) individuals attended the first hearing, and participants for the second hearing TBD. ° U a S. Summary of public comments c At the first hearing, one attendee asked what equitable processes were in place to determine projects M N the City invests in. One commenter stated the need for extended day shelters and the need for more N affordable housing. Another commenter stated observations of Domestic Violence rising extensively in m families and most cases have at least 3 high risk issues (Youth being one of these high-risk issues). U m 6. Summary of comments or views not accepted and the reasons for not accepting them M All comments were accepted. L O L /Q. V m U r c c� /L^ V V O m d E 0- 0 d E E O U c tv d c O v Q R 3 C C Q M N O N C N E M V R Annual Action Plan 4 Q 2023 Packet Pg. 18 4.D.a PR-05 Lead & Responsible Agencies - 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan a 0 The following are the agencies/entities responsible for preparing the Consolidated Plan and Q those responsible for administration of each grant program and funding source. c Agency Role Name Department/Agency Q Lead Agency KENT N 0 CDBG Administrator KENT City of Kent, Human Services Division, Parks, N 0 Recreation &Community Services o Table 1—Responsible Agencies V m Narrative M E The City of Kent, Human Services Division, is the lead agency for the CDBG Program. Merina Hanson, ;a a� Human Services Manager, and Brittany Gaines, Senior CDBG Coordinator, is the program manager. a Sub-recipients that receive CDBG funds are responsible for executing programs on behalf of the City and m are consulted during the development of the Annual Action Plan.These agencies are listed in the AP-10 v r Consultation section of this document. c� /L^ V Consolidated Plan Public Contact Information c m Human Services Manager Senior CDBG Coordinator Merina Hanson Brittany Gaines E 220 4th Ave S, Kent, WA 98032 220 4th Ave S, Kent, WA 98032 aoi 253.856.5070 253.856.5070 0 mhanson@kentwa.gov bgaines@kentwa.gov r c E AP-10 Consultation -91.100, 91.200(b), 91.215(I) o U c tv d c O v Q R 3 C C Q M N O N 1. Introduction E c� Annual Action Plan 5 Q 2023 Packet Pg. 19 4.D.a The City of Kent ensures consultation and Citizen participation are central to the work and the City follows the adopted Citizen Participation Plan to ensure citizens participate in the process. a The City of Kent is a leader and active partner, participating locally and regionally in efforts related to U human services and community development. Development of the 2023 Annual Action Plan included Q consultation with private and public organizations to provide input.The City works closely with c neighboring jurisdictions in South King County, acknowledging the subregion's common interests and Q challenges. N 0 N The City works regularly with organizations focused on public policy and nonprofit organizations and m community groups focused on providing support to our low-and moderate-income individuals and v households. The City values the strong working relationship with the other members of the King County W Consortium and consults with them The City participates in regular meetings with stakeholders, M including but not limited to the King County Housing Authority, King County Regional Homeless E Authority, South King County Housing and Homelessness Partners, nonprofit housing and service a� providers, Kent Cultural Diversity Initiative Group, Public Health—Seattle& King County, Puget Sound a Regional Council, Housing Development Consortium,WA State Department of Commerce, United Way, the private sector, and people with lived experience. Coordination occurs on a regular and ongoing basis m and informs the work of the division. v r c c� L Provide a concise summary of the jurisdiction's activities to enhance coordination between Y public and assisted housing providers and private and governmental health, mental health, o and service agencies (91.215(I)). m c m E Kent Human Services Division meets regularly with other King County jurisdictions, public housing o authorities and State Departments to develop strategies and to implement plans to improve the quality m of service and access for low-income residents in the City and throughout the region. Additionally,the City participates in quarterly meetings with King County staff, including Public Health -Seattle and King County,to review implementation and delivery of services funded through regional efforts.The City will E continue to participate in the Joint Recommendations Committee (JRC), South King Housing and o Homelessness Partners (SKHHP), the Affordable Housing Committee (AHC), and the Housing Interjurisdictional Team of the AHC. Kent is also an active member of the King County Human Services a Funder Collaborative, providing a streamlined application and grant management process for nonprofits o and increasing collaboration amongst cities.The City is also tracking the King County Regional Homeless U Q Authority strategic planning efforts The City also hosts the monthly Kent Cultural Diversity Initiative Group(KC-DIG)to help enhance collaboration. c Q M Describe coordination with the Continuum of Care and efforts to address the needs of o N homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. E Annual Action Plan 6 Q 2023 Packet Pg. 20 4.D.a Staff worked extensively in 2018 to develop an Interlocal Agreement, creating a formal collaboration on housing and homelessness issues between several cities in South King County, including Kent. Kent has contributed funds to the South King Housing and Homelessness Partnership since 2016;this partnership provided additional staff capacity for tracking, developing, and implementing policies related to affordable housing and homelessness to participating cities.The City funds this project with Human Q Services General Funds. Kent staff and other South King County stakeholders continue to meet to c deepen cross-jurisdictional coordination, creating a common understanding for housing and Q homelessness needs and strategies for South King County, and will participate in KCRHA's development C14 0 of the Subregional Plan that will guide homelessness work going forward. Two separate groups N c� currently meet the South King County Homeless Action Committee and the South King County Joint o Planners. v co The City continues to seek ways to participate in the newly established King County Regional Homelessness Authority and the Advisory Committee that now serves as the Continuum of Care. Kent E provides General Fund and CDBG funds to programs focused on preventing homelessness, emergency shelter,transitional housing, and permanent housing.These programs support our chronically homeless p g• p g pp Y a individuals and families,families with children, veterans, and unaccompanied youth. 0 m Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in r c determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS ° m T c Kent is one of the participating jurisdictions partnering with King County who agree via an ILA that it is E mutually desirable and beneficial to enter a consortium arrangement pursuant to and authorized by the o W Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009,for purposes of the ESG > and to cooperate in undertaking ESG activities.The County and the City are committed to targeting ESG r and HOME Program funds to ensure benefit for very low to moderate-income persons as defined by HUD; and recognize that needs of very low to moderate-income persons may cross jurisdictional E boundaries. o U c tv As part of the ILA, staff attend (and in alternating years maintain a voting seat) on the Joint a Recommendations Committee.The JRC has the responsibility to review and recommend to the King o County Executive all policy matters concerning the ESG program. McKinney-Vento funding for the ESG is U Q allocated through a competitive process and administered by King County.They also review and recommend to the King County Executive the projects and programs to be undertaken with ESG funds. They monitor and ensure that for all geographic areas and participating jurisdictions that benefit from M N ESG programs funded activities over time, so far as is feasible considering eligible applications submitted o N within the goals, objectives, and strategies of the Consolidated Plan.Additionally,they monitor to ensure that equity in distribution of funds is pursuant to proportion of the region's low to moderate- E c� Annual Action Plan 7 Q 2023 Packet Pg. 21 4.D.a income population and that equity is achieved over time pursuant to Consortium Guidelines adopted by the JRC. a c 2. Agencies, groups, organizations, and others who participated in the process and ° consultations Q �a c c Note: additional organizations will be added via the online federal reporting system. ra,, N O N 0 m U ti M E R L O L V M� W C) r c R ,Ln V V MO W T c� G 0- 0 I_ I_ O U c R d c O v Q R 3 C C Q M N O N r C O E M V R Annual Action Plan 8 Q 2023 Packet Pg. 22 4.D.a Table 2—Agencies,groups,organizations who participated W 1 Agency/Group/Organization MULTI-SERVICE CENTER Agency/Group/Organization Type Housing Services- Housing c Services-homeless a Services-Employment p Regional organization v r What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs-Chronically homeless Homeless Needs- Families with children 0 Homelessness Strategy T c Briefly describe how the Agency/Group/Organization was consulted.What Agency received email link to Action Plan & Public E are the anticipated outcomes of the consultation or areas for improved hearing.Agency also consulted informally through o W coordination? ongoing communication. > 0 Agency/Group/Organization Type Services-Youth and Families with Disabilities r Housing Need Assessment E 2 Agency/Group/Organization Open Doors for Multicultural Families E 0 U Agency/Group/Organization Type Services-Persons with Disabilities Regional organization a- c Ethnic Community Based Organization g r U What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Q Anti-poverty Strategy c Briefly describe how the Agency/Group/Organization was consulted.What Agency received email link to Action Plan & Public Q M are the anticipated outcomes of the consultation or areas for improved Hearing. Agency also consulted informally through N coordination? ongoing communication. a� E U Annual Action Plan 9 f° 2023 Q Packet Pg. 23 4.D.a 3 Agency/Group/Organization Puget Sound Training Center Agency/Group/Organization Type Services-Employment E Services- Narrowing the Digital Divide ;a a� O What section of the Plan was addressed by Consultation? Non-Homeless Special Needs a Market Analysis Economic Development m U Anti-poverty Strategy c c� Briefly describe how the Agency/Group/Organization was consulted.What Agency received email link to Action Plan & Public are the anticipated outcomes of the consultation or areas for improved Hearing. Agency also consulted informally through coordination? ongoing communication. 0m T c m E Identify any Agency Types not consulted and provide rationale for not consulting o a� as All agency types connected to the needs of Kent residents were consulted. r .E E E 0 U c 0 iL c O r Other local/regional/state/federal planning efforts considered when preparing the Plan Q Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? c c Continuum of Care King County Emphasis on basic needs, affordable housing, homeless prevention. Q M 2020-2024 King County c Consortium Consolidated King County Both plans prioritize Affordable Housing and Homelessness Prevention. N Plan a0i E U Annual Action Plan 10 f° 2023 Q Packet Pg. 24 4.D.a Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? ro 2020-2024 City of Kent CDBG goals and objectives overlap with human services goals and objectives, and the City M Human Services Strategic City of Kent conducted community engagement for the Human Services Strategic Plan and Five-Year E Plan Consolidated Plan simultaneously. a� 2019 King County Analysis Kent worked with the county to develop a plan for fair housing testing in Kent.The ° a of Impediments to Fair King County Regional Al includes goals that indicate need for more affordable housing and greater Housing access to housing for communities experiencing a disproportionate need. m This five-year plan prioritizes frontline communities, which include underserved v 2020 Strategic Climate King County populations and BIPOC.The City is also focused on these populations and is reviewing the Action Plan plan to determine how its five-year CP can more closely align with climate action. Y Table 3-Other local/regional/federal planning efforts o 00 T c m E 0- 0 a� Narrative 0 r The City consulted numerous organizations that support the City in its efforts to achieve its primary objectives with CDBG funding: E E • Accessibility to decent housing 0 U • Accessibility to a suitable living environment 0 • Accessibility to economic opportunities a c 0 r The City continues to assess the impacts of COVID-19 pandemic,while identifying social inequities to ensure residents are provided the Q opportunity to recover from illness, lost wages, and increasing costs due to inflation. The City will continue to partner with workgroups and 0 committees to better coordinate services and resources to strengthen the network of providers in Kent and allow for a more equitable c distribution of resources. Partners include the Kent Community Partners, Kent Youth Network, Kent Emergency Assistance Providers and Kent M N Cultural Diversity Initiative Group (KC-DIG). N c a� E M U Annual Action Plan 11 f° 2023 Q Packet Pg. 25 4.D.a AP-12 Participation - 91.4011 91.105, 91.200(c) M 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal setting 0 L While HUD uses the term Citizen Participation, the City calls its participation process Community Participation,this title is more inclusive of all a. Kent residents. Community participation and engagement are critical to the successful implementation of the City's Consolidated Plan and each o Action Plan.The goals of community participation are to: v r c • Inform the community of the rules that the City follows to ensure adequate opportunity for resident and stakeholder involvement f° t9 • Hear the community's recommendations on how the City should invest CDBG dollars • Consult with individuals who may not initiate contact with the City because of language/cultural barriers or who do not come from Y Ym experiences where government sought their opinions; and • Convene public hearings and meetings, initiate surveys, host community and individual conversations, etc.,to increase opportunities for E nonprofits and Kent residents to come together and discuss how they can leverage opportunities, share ideas, coordinate services and ° a� pool funding to achieve the greatest impact. o r The City solicited comments and input from low/moderate income persons and households, Kent residents, non-governmental organizations, 0 nonprofits, and other interested parties regarding the development of the 2023 AAP. The City also used a racial equity lens to help determine its E E funding allocations.To this effort,the City commissioned a report conducted by Equitable Future to investigate how equitably Kent makes grants 0 U and funding available to community organizations. It met with and/or reached out to Ethnic Community-Based Organizations (CBOs), Kent 0 Cultural Diversity Initiative Group (KC-DIG), special needs organizations, etc. Organizational needs, demographic data, public and written a c comments, and informal surveys shaped the City's goals outlined in this Action Plan. r U Q During the community participation process for the development of the Action Plan, nine (9) individuals attended Sept. 6t" public hearing (pre and post AAP draft release), and eight (8) individuals participated in providing verbal comments. Q M N O N C N E M V Annual Action Plan 12 f° 2023 Q Packet Pg. 26 4.D.a Citizen Participation Outreach M Sort Order Mode of Outreach Target of Outreach Summary of Summary of Summary of comments URL(If E response/attendance comments received not accepted applicable) L and reasons 0 0 L 1 1st Public Hearing Non- 9 individuals what equitable All comments a targeted/broad attended: processes were in accepted. 0 community place to determine v projects the City .. invests in. The need for extended day c9 shelters and the 0 need for more m affordable housing. c Observations of DV m rising extensively in o families and most > cases have at least o 3 high risk issues r (Youth being one of these high-risk E issues). 0 U c 2 2nd Public Non- TBD-Comments will a Hearing targeted/broad be added after o community hearing scheduled for Feb. 16t", 2023. Q Table 4—Citizen Participation Outreach c Q M N O N C E t V Annual Action Plan 13 f° 2023 Q Packet Pg. 27 4.D.a m Expected Resources E AP-15 Expected Resources - 91.420(b), 91.220(c)(1,2) O L Introduction a c� 0 The City of Kent supports human services programs through its CDBG (federal) and General Fund (City of Kent tax dollars) budgets. The City uses m U a two-year budget cycle which is contingent upon economic stability.While HUD is on the federal fiscal cycle (October—September),the City's fiscal calendar is January to December.The City does not receive notice of its CDBG award until Congress passes its budget.This is most often f° t9 completed in Spring or early Summer. 0 m Pre-award costs for the 2023 program year are those costs that are incurred before the City signs an agreement with HUD regarding the use of FY2023 CDBG funds. Pre-award costs are outlined in section V of HUD CPD Notice CPD-22-05 Guidance on Submitting Consolidated Plans and E E Annual Action Plans for Fiscal Year(FY)2022.The City expects HUD will issue a similar notice for the submission of 2023 Action Plans, and the a O a� m 0 r 3 E E 0 U c 0 d c O r v Q 3 C C Q M N O N C N E M V Annual Action Plan 14 f° 2023 Q Packet Pg. 28 4.D.a City will follow that guidance regarding pre-award costs when it is issued. The City dedicates a per-capita amount of its General Fund budget to support human services programs. Prior to that, one percent of the City's .�M. budget supported human services programs. E L Anticipated Resources ,0 V Program Source Uses of Funds Expected Amount Available Year 1 Expected Narrative Description m of Funds Annual Program Prior Year Total: Amount U Allocation: Income: Resources: $ Available $ $ $ Remainder L of ConPlan $ L) 0 CDBG public- Acquisition CDBG funds leverage additional federal in federal Admin and and state funds. Agencies may combine r_ W Planning funding sources to provide a E OL Economic comprehensive menu of services to the a2i Development community. Expected amount is based m 0 Housing on 2022 allocation. r Public Improvements E Public Services 1,131,489 0 1,131,489 2,262,978 cj Table 5-Expected Resources—Priority Table M d c Explain how federal funds will leverage those additional resources (private, state, and local funds), including a description of how 0 r matching requirements will be satisfied Q c CDBG funds do not require a match; however, the City looks for opportunities to solicit additional resources. _ Q M N If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs N c a� E M 0 Annual Action Plan 15 f° 2023 Q Packet Pg. 29 4.D.a identified in the plan M Sound Transit will release an RFP Spring of 2023 to identify Transit Oriented Development (TOD) on surplus property located on Kent's West Hill. E King County and Kent have convened discussions with residents and stakeholders consulted in this Action Plan about the best use of the Affordable housing and multi-uses aces to support health and employment is ro proposed to be built on a portion of this property. ° property. g p ppp p p p p Y a Discussion m U r Expected Amount Available Remainder of Con Plan:The calculation is based on funds expected 2023-2024 if$1,131,489 is received each year. i t9 0 m T c m E 0- 0 a� m 0 r .E E E 0 U c 0 iL c O r v Q 3 C C Q M N O N C N E M V Annual Action Plan 16 f° 2023 Q Packet Pg. 30 4.D.a Annual Goals and Objectives AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3) &(e) E L Goals Summary Information c L IL Sort Goal Name Start End Category Geographic Area Needs Addressed Funding Goal Outcome Indicator (� Order Year Year 00 1 Maintain 2023 2024 Affordable City of Kent Affordable CDBG: Homeowner Housing �? Affordable Housing Housing $735,469 Rehabilitated: TBD L Housing 2 Prevent 2023 2024 Homeless City of Kent Homeless CDBG: Homeless Person c Homelessness Prevention $114,000 Overnight Shelter:TBD m 3 Opportunity to 2023 2024 Non-Homeless City of Kent Opportunity to CDBG: Public service activities E Meet Basic Needs Special Needs Meet Basic $20,000 other than Low/Moderate 0 Needs Income Housing Benefit: TBD p 4 Support Economic 2023 2024 Economic City of Kent Racially and Economic CDBG: Other:TBD r c Viability Opportunities Ethnically Concentrated Viability ' E area of Poverty(R/ECAP) $11,000 0 20210 V c 5 Planning and 2023 2024 Planning & CDBG: Other: 0 Other a Administration Administration $226,297 = 0 Support Q Table 6—Goals Summary c c Q Goal Descriptions N 0 N C N E t V Annual Action Plan 17 f° 2023 Q Packet Pg. 31 4.D.a 1 Goal Name Maintain Affordable Housing M Goal Description Investment of funds to preserve and maintain existing affordable housing. Planned activities include E rehabilitation of single-family residential housing (home repair services) and energy efficiency assistance. cc a� 0 L 2 Goal Name Prevent Homelessness a c� Goal Description Assistance to chronically homeless individuals and families and those at-risk for homelessness to move to m shelter and permanent housing. Planned activities include transitional housing, emergency shelter, case v r management, rental assistance, and supportive services. i t9 3 Goal Name Opportunity to Meet Basic Needs Y 0 Goal Description Assistance to preserve and maintain the safety net for those at-risk of losing basic services, including legal 0° c services, system navigation, case management, and supports for under-served residents m E a 4 Goal Name Support Economic Viability 0 m Goal Description Assistance,for those unemployed and under-employed. r .E S Goal Name Planning and Administration Support 3 E E Goal Description Investment in planning and implementation strategies& CDBG staff to improve quality of life in the 0 U community for low/moderate-income residents. 0 a C 0 r U Q 0 C C Q M N O N C N E t V Annual Action Plan 18 f° 2023 Q Packet Pg. 32 4.D.a m M E L O L- a. V m U r c c� /L^ V V MO W Y I_ 0- 0 r I_ I_ O U c tv d c O r v Q 3 C C Q M N O N C N E t V Annual Action Plan 19 f° 2023 Q Packet Pg. 33 4.D.a AP-35 Projects - 91.420, 91.220(d) Introduction a 0 Funded projects include a variety of activities: employment services and training, maintaining affordable Q housing, shelter and housing assistance, legal services, case management, food security through gardening, and health resources and support. Q M # Project Name c 1 Catholic Community Services: Sacred Heart Shelter N c� 2 Multi-Service Center: Shelter and Supportive Housing o 3 Kent Home Repair Program: Minor Home Repair v 4 Planning&Administration 5 Catholic Community Services: Katherine's House and Rita's House 6 YWCA-Anita Vista:Transitional Housing L 7 Open Doors for Multicultural Families: Family Support Services c L 8 Puget Sound Training Center: Employment&Training Services a- Table 7—Project Information p m U r c Describe the reasons for allocation priorities and any obstacles to addressing underserved needs 0 Priorities were decided based on resident needs and partnership with the community.The pandemic m T will remain an obstacle to addressing underserved needs.Additionally, limitations on the percentage of a funds that can be used for personnel costs is an impediment as staffing requirements and workload o increase. m 0 CONTINGENCY PLANS r Public Services E E 0 In the event a sub-recipient organization withdraws from the CDBG program, or the City determines the organization cannot meet federal compliance obligations, the City will allocate funds to one or more of g p g Y a the other public service activities. City of Kent public service activities may address the following needs: o services for the unhoused, healthcare, rent and utility assistance, legal services,food assistance, and Q counseling services.This list is not exhaustive and may expand to meet community needs. c In the event of a funding decrease, the amount of the decrease will be deducted from a project(s) a guided by an equity lens. N 0 N Capital a� E c� Annual Action Plan 20 Q 2023 Packet Pg. 34 4.D.a In the event of a funding increase, funds will be allocated to the City's Home Repair Program and/or a Capital Project that benefits community needs. a c In the event of a funding decrease, the Home Repair Program budget will be reduced. 0 r Q AP-38 Project Summary Project Summary Information Q M N 1 c Project Name Catholic Community Services-Sacred Heart Shelter N 0 Target Area City of Kent o U Goals Supported Prevent Homelessness ti Needs Addressed Homeless Prevention Funding CDBG: $25,000 2- CD Description Public Services: Provide shelter to families experiencing a homelessness. 0 Target Date 12/31/2023 m C) Estimate the number and type of TBD families that will benefit from the c9 proposed activities c Location Description City of Kent m c m Planned Activities Shelter to Families E a 2 Project Name Multi Service Center-Shelter and Supportive Housing m Target Area City of Kent r Goals Supported Prevent Homelessness E Needs Addressed Homeless Prevention E 0 U Funding CDBG: $50,000 c �a Description Public Services: Comprehensive case management and a c support services to two housing facilities in Kent. Target Date 12/31/2023 Q 0 Estimate the number and type of It is estimated that 30 individuals will benefit. _ families that will benefit from the Q M N proposed activities N r Location Description City of Kent E Planned Activities Case management and supportive services 0 Annual Action Plan 21 Q 2023 Packet Pg. 35 4.D.a 3 Project Name Kent Home Repair Program: Minor Home Repair c Target Area City of Kent a r_ Racially and Ethnically Concentrated area of Poverty o r (R/ECAP) 2010 Q Goals Supported Maintain Affordable Housing c Needs Addressed Affordable Housing Q M N Funding CDBG: $735,469 N Description Capital: Low/moderate-income homeowners in Kent receive 00 0 minor home repairs. v m Target Date 12/31/2023 M Estimate the number and type of It is estimated that 100 families will benefit from the E ;a families that will benefit from the program. � proposed activities a Location Description City of Kent 0 m Planned Activities Minor home repair and rehabilitation. �? r 4 Project Name Planning&Administration Target Area City of Kent& Racially and Ethnically Concentrated area of Poverty(R/ECAP) 2010 m T Goals Supported Planning and Administration Support E Needs Addressed Planning&Administration o a� Funding CDBG: $226,297 0 Description City uses funds to administer the CDBG project carried out r c by the City,to monitor sub-recipients, and to deliver ' E strategies outlined in the 2020-2024 Consolidated Plan. o U Target Date 12/31/2023 Estimate the number and type of N/A C families that will benefit from the U proposed activities Q Location Description City of Kent Planned Activities City uses funds to administer the CDBG program,to monitor N sub-recipients, and to deliver strategies outlined in the 2020- N 2024 Consolidated Plan. a� E c� Annual Action Plan 22 Q 2023 Packet Pg. 36 4.D.a 5 Project Name Catholic Community Services: Katherine's House and Rita's c House a Target Area City of Kent 0 r U Goals Supported Prevent Homelessness Q Needs Addressed Homeless Prevention c Q Funding $14,000 N 0 Description Public Service: Sub-recipient provides shelter and case 04 0 management services to women residing in transitional 00 0 shelter. v co Target Date 12/31/2023 M Estimate the number and type of It is estimated that 2 homeless women will benefit from the E families that will benefit from the program. � proposed activities a Location Description City of Kent. 0 m Planned Activities Shelter and case management services to women �? r 6 Project Name YWCA:Anita Vista Transitional Housing Target Area City of Kent 0 Goals Supported Prevent Homelessness m T c Needs Addressed Homeless Prevention m E 0- Funding CDBG: $25,000 2 Description Public Service: Project provides transitional housing to 0 domestic violence survivors and their children. r c 0 Target Date 12/31/2023 E Estimate the number and type of It is estimated that 14 female domestic violence survivors v families that will benefit from the and their children will benefit. r_ proposed activities r_ 0 Location Description City of Kent Q Planned Activities Transitional housing and services. 3 c 7 Project Name Open Doors for Multicultural Families: Family Support Q Program N 0 N Target Area City of Kent c a� Goals Supported Opportunity to Meet Basic Needs E c� Annual Action Plan 23 Q 2023 Packet Pg. 37 4.D.a Needs Addressed Opportunity to Meet Basic Needs R Funding CDBG: $20,000 a c 0 Description Public Services: This project provides case management services to families with intellectual disabilities. Q �a Target Date 12/31/2023 Q Estimate the number and type of TBD N families that will benefit from the N proposed activities m 0 Location Description City of Kent v m Planned Activities Case management services for families. M_ 8 Project Name Puget Sound Training Center: Employment &Training E Services L a� 0 L Target Area City of Kent a- C9 Goals Supported Support Economic Viability m U Needs Addressed Economic Viability c Funding CDBG: $11,000 U, Description Public Services: This project provides employment and c training services to under-served individuals. m c Target Date 12/31/2023 E a Estimate the number and type of It is estimated that 44 underserved & unemployed a2i families that will benefit from the individuals will benefit. m 0 proposed activities r Location Description City of Renton, near Kent border ' E Planned Activities Employment Services &Training Services �o c �a AP-50 Geographic Distribution - 91.420, 91.220(f) a Description of the geographic areas of the entitlement (including areas of low-income and ° minority concentration) where assistance will be directed Q c Historically, low/moderate-income households were dispersed throughout the City, and CDBG funds Q M N O N r C E t V R Annual Action Plan 24 Q 2023 Packet Pg. 38 4.D.a were distributed accordingly. c Geographic Distribution 0 r Target Area Percentage of Funds Q City of Kent 100 3 Table 8-Geographic Distribution Q M Rationale for the priorities for allocating investments geographically N c� Because low/moderate-income families reside throughout Kent, investments will be dispersed where o U those families live. 100%of the City's funds will be targeted to address low/mod income residents of m Kent and will address the high concentration of poverty in the adjacent areas. M Discussion E L 0 According to the American Community Survey(2022),the poverty rate in Kent is 11.3%.This rate was a determined post pandemic.According to Bureau of Labor and Statistics,the unemployment rate ranged c9 0 from a low of 3.7% in July 2022 to a rate of 4.2% in December 2022. As the area continues to recover v from the impacts of COVID-19 rates are expected to increase. Economic disadvantage and poverty c associated with the pandemic led to increased dependence on public assistance and forced many households to use public services for basic needs, including food, utility assistance, rental assistance, Y medical services, childcare, etc. Housing costs continue to rise in Kent, as the COVID-19 Moratoriums c m have been removed. Landlord, owners, and residential properties are increasing rental rates.According c to the apartment web service, Rent Cafe,the average cost for an apartment in Kent is$1,905 (average E one-bedroom size), and this represents an 8% increase from the average cost over a year. o a� m AP-75 Barriers to affordable housing -91.420, 91.220a) Introduction E Barriers to affordable housing include continued recovery from the pandemic, poverty, rental and other o U debt, insufficient down payment assistance, code restrictions, displacement, insufficient living wage job c ig opportunities, and other economic and social factors.Ameliorating barriers to affordable housing is a a priority for the City. o U Q Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the N return on residential investment N c a� In June 2021,the City adopted the Kent Housing Options Plan that identifies actionable code E amendments that will increase overall residential building capacity.The plan assesses housing needs Annual Action Plan 25 Q 2023 Packet Pg. 39 4.D.a including affordability at all income levels and adopts strategies to improve housing outcomes. Other identified strategies include strengthening partnerships, increasing access to homeownership, and adjusting development regulations to increase future potential for more housing inventory. In 2019 the City adopted a tax authorized by the State that allowed the City to recapture a portion of the existing sales tax.These funds support the development of affordable housing. Kent and other SKC cities are Q pooling those funds with SKHHP for the purpose of creating a Housing Capital Fund. The City also c enacted a new tax for affordable housing and related housing services.The capital portion of those Q funds will also be pooled with SKHHP, and the City will use services dollars to programs that may include 04 0 mental health and housing navigation, N c� m Discussion L) co Human Services Division staff is also collaborating with Economic and Community Development staff on M identifying opportunities for non-profit affordable housing developers to work in Kent. Work outlined in E the Housing Options Plan will continue over the next several years. a� 0 L AP-85 Other Actions - 91.420, 91.220(k) Introduction m U r The City of Kent is actively involved in many initiatives and ongoing commitments to improve the life of L Kent residents.The City participates committees, boards, and works directly with agencies and organizations that provide services to enhance the level of quality of services in Kent and throughout c South King County.The City is actively engaged with refugee and immigrant communities by staffing and m T facilitating the Kent Cultural Diversity Initiative Group (KC-DIG). m E a 0 The City of Kent is committed to eliminating racial inequities and improving outcomes for all racial groups to mirror the diversity of its community. We are continuously taking steps to face and dismantle o institutional and structural barriers to ensure government policies and practices do not infringe upon r c the equal treatment and opportunity of all persons who live,work, and visit Kent.The City is in final development of the Racial Equity Strategic Plan which will go to the City Council later this spring. E 0 U The Kent Human Services Commission and HSD staff continues to implement recommendations from c the Community-Based Vision for Equitable Grantmaking developed in 2021. In addition,the City hired C consultants to work with the Kent Human Services Commission and staff to prioritize and direct 2023- U 2024 human services investments using a racial equity lens. Staff are evaluating the 2023-2024 human Q services funding cycle. c c Q The pandemic amplified social and economic factors that contributed to poor health outcomes, and N 0 economic impacts compounded with longstanding racial disparities preventing African American N residents from accessing traditional pathways to wealth and economic security. In late 2022, Human = a� Services staff recommended a Steering Committee be formed comprised of African American-led E organizations, and stakeholders to better support Kent residents.The Steering Committee has begun Annual Action Plan 26 Q 2023 Packet Pg. 40 4.D.a identifying priorities in services and programs, current funding gaps, future funding opportunities, and capacity building recommendations for African American-led organizations.The Steering Committee set an intention to primarily prioritize and focus on long-term planning efforts as the community continues with crisis response and recovery efforts,to achieve an equitable recovery. a Actions planned to address obstacles to meeting underserved needs c Q City staff engage with community partners to establish and build strong partnerships for human services N 0 and community development. Human Services Division staff will continue to work with Economic N Development Division staff on outreach and engagement and provide recommendations on best m 0 practices to ensure culturally responsive service to under-served communities.This work incudes t) engaging with nonprofits, faith-based organizations, grassroots community groups, other government partners, and individuals who are historically underrepresented to learn how to overcome barriers. E Staff will continue to work with Seattle Foundation and King County on the Communities of Opportunity ;° a� Grant which provides funds to organizations whose activities reduce inequities in the areas of health, ° a housing, and economic opportunities. 0 m The City will continue its partnership with Kent School District to improve outcomes for students. v r c c� L Kent's Human Services Manager will continue to participate in regional discussions about governance in the Seattle/King County homelessness system. 0 m T Actions planned to foster and maintain affordable housing E a 0 Kent operates a Home Repair program, providing repairs that maintain the health and safety of occupants and preserving the dwelling by addressing critical repairs. Home Repair programs are o important in maintaining housing by preserving home ownership, allowing low-income seniors and r disabled residents to stay stably housed. E The City will continue its long-term collaboration and participation on Boards, committees,funding v review teams; etc.,to foster and maintain affordable housing for the South County Region.Through sub- c regional efforts, City staff and stakeholders will engage in discussions with elected officials and Land Use r_ and Planning Board members about the impact that affordable housing has on the long-term viability of U the community. As part of the South King Housing and Homelessness Partnership project, staff will have Q the ability to participate in funding affordable housing capital projects in the subregion (through pooled c funding the City of Kent is contributing to). Q M N O The City will continue exploring opportunities to consider a low-income homebuyers assistance N program, recognizing the importance of homeownership as a pathway to building assets for low-and = W E c� Annual Action Plan 27 Q 2023 Packet Pg. 41 4.D.a moderate-income residents. c Actions planned to reduce lead-based paint hazards 0 r U No actions are planned. Q c Actions planned to reduce the number of poverty-level families Q M N City staff maintain relationships with local workforce development/job training programs such as ANEW, N AJAC, and Orion to ensure residents have access to high quality training programs, and partners with the m City's Economic and Community Development Division to increase opportunities to LEP and BIPOC v residents.The City also collaborates with the Financial Empowerment Network.The City is planning to W release an RFP to hire a consultant to create a Youth employment/Career development plan in M partnership with Kent School District. Research data and coordination will help guide the City's planning E process. L a� 0 L Q. Actions planned to develop institutional structure 0 m The City developed a plan to implement recommendations from an evaluation of the 2021-2023 Human v r Services Application Cycle (including CDBG)that was conducted by Equitable Futures.This development is currently underway. 0 Actions planned to enhance coordination between public and private housing and social 00 service agencies 0 E 0- 0 The City was instrumental in developing relationships between public and private housing and social service agencies and will continue to collaborate with these entities, including the Homeless Forum (a o monthly meeting of housing and support service providers), South King County Joint Planners and r c Developers work Group, and the King County Housing Development Consortium.The South King County ' E Housing and Homelessness Partnership will be a key driver of enhancing coordination in this area in o 2023 as well. v c a Discussion c 0 U The City will continue engaging in efforts to support its residents; by giving funding priority to programs Q that, address goals outlined in the Five-Year Consolidated Plan and comply with federal regulations. c c Q M N O N C N E M V R Annual Action Plan 28 Q 2023 Packet Pg. 42 4.D.a Program Specific Requirements AP-90 Program Specific Requirements - 91.420, 91.220(1)(1,2,4) a 0 Introduction U a The City of Kent will use CDBG funds to benefit low/moderate-income residents.The full amount ' c allowable by regulation will be used for Public Services and Planning and Administration. The balance of Q funds will be used for housing rehabilitation services. The City will not receive program income from c prior years. N m 0 Community Development Block Grant Program (CDBG) �? Reference 24 CFR 91.220(1)(1) M Projects planned with all CDBG funds expected to be available during the year are identified in the E Projects Table.The following identifies program income that is available for use that is included in projects to be carried out. o a c� 0 1.The total amount of program income that will have been received before the start of the next 00 U program year and that has not yet been reprogrammed 0 2.The amount of proceeds from section 108 loan guarantees that will be used during the year to c� address the priority needs and specific objectives identified in the grantee's strategic plan. 0 Y 3.The amount of surplus funds from urban renewal settlements 0 ° m 4.The amount of any grant funds returned to the line of credit for which the planned use has not m been included in a prior statement or plan 0 0_ 5.The amount of income from float-funded activities 0 2 a� Total Program Income: 0 0 r Other CDBG Requirements E 1.The amount of urgent need activities 0 0 U c 2. The estimated percentage of CDBG funds that will be used for activities that a benefit persons of low and moderate income. Overall Benefit-A consecutive = 0 period of one,two or three years may be used to determine that a minimum Q overall benefit of 70%of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% Q M N O N a-: C N E M V R Annual Action Plan 29 Q 2023 Packet Pg. 43 4.D.a c Discussion a 0 r The expressed goal of the CDBG Program is to reduce the number of people living in poverty.The City Q will use priority programs to benefit low/moderate-income individuals and households consistent with priorities outlined in the Consolidated Plan. Q M N O N (7 m tU W M E M L O L /Q. V m U r c c� /L^ V V O m T d E 0- 0 d E E O U c tv d c O v Q R 3 C C Q M N O N C N E M V R Annual Action Plan 30 Q 2023 Packet Pg. 44 4.E PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE Parks Director 220 Fourth Avenue South KENT Kent, WA 98032 W A S H i N G T O N 253-856-5100 DATE: March 2, 2023 TO: Parks and Human Services Committee SUBJECT: King County Parks Capital and Open Space Program - Capital Project Grant Agreement (Morrill Meadows Park) - Authorize MOTION: I move to accept grant funds in the amount of $500,000.00 from the King County Parks Capital and Open Space Program for the Morrill Meadows Park Renovation Project, amend the budget, authorize expenditure of funds, and authorize the Mayor to sign all necessary agreements and other documents, subject to terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: During 2022 the parks planning division applied for a capital grant from the King County Parks Capital and Open Space Program for the planned renovation project at Morrill Meadows Park. The county awarded us $500,000 for this project. BUDGET IMPACT: Parks Capital Budget SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Grant Agreement (DOCX) Packet Pg. 45 City of Kent—Morrill Meadows Renovation—6328751 King County PARKS CAPITAL AND OPEN SPACE PROGRAM CAPITAL PROJECT GRANT AGREEMENT L Department/Division: Natural Resources and Parks / Parks and Recreation a Grant Recipient: City of Kent o Project: Morrill Meadows Renovation Award Amount: $500,000.00 Project#: 1144509 Contract#: 6328751 0 Term Period: To November 30,2024 L 3 a THIS AGREEMENT is a grant agreement entered into between City of Kent (the "Grant Recipient") and King County (the "County") (collectively the "Parties") for an active recreation, passive recreation, local trail, or other capital project in a park or recreational facility using a r Parks Capital and Open Space Program grant. U Y RECITALS � a A. Ordinance 18890, which took effect May 13, 2019, called for a special election to c authorize the King County parks, recreation trails and open space levy. On August 6, 0 2019, King County voters approved the levy, which included funding for capital projects for active and passive recreation, local trails, or capital projects in parks and recreation Y facilities in order to construct new and improve existing recreation facilities to address the pressures of rapid growth in King County. M B. Motion 15378, Section A.I., and Attachment A, further delineated the use of levy funds for the Parks Capital and Open Space Grants Program and the guidelines governing that E use. a C. Ordinance 19166, Attachment A established the grant award criteria and the process for the distribution of Parks Capital and Open Space Grants as well as the proposed c� composition of an advisory committee to review and make recommendations on the grant awards. E E D. King County, a home rule charter county and political subdivision of the State of Washington, is authorized to administer the Parks Capital and Open Space Grant a Program and enter into agreements for the use of the grant funds with King County towns, cities, or metropolitan parks districts for capital projects for active and passive recreation, local trails, or capital projects in parks and recreation facilities. Packet Pg. 46 City of Kent—Morrill Meadows Renovation—6328751 E. Grant Recipient is a City. F. The Parks Capital and Open Space Grant Program Advisory Committee has recommended an allocation of levy grant funds to specific projects,pursuant to Ordinance 19433. G. King County has selected Grant Recipient to receive a Parks Capital and Open Space Grant award in the amount of$500,000.00 ("Grant Award a Funds") in order to construct, improve, or repair the Project described 3 below and in the attached exhibits. 0 a� NOW THEREFORE, in consideration of the promises, covenants, and other provisions set forth in this Agreement, the Parties agree as follows: L 0 GRANT AWARD TERMS AND CONDITIONS L 1. DEFINITIONS Q 1.1 Project. L The term"Project"means the design, development and construction of the Facility described in Exhibit A. Grant Award Funds available pursuant to this Agreement may only be used for the Project. To complete the Project, Grant Recipient shall use the Grant Award Funds to design, develop, and construct the Facility, as set forth in Exhibit B, L consistent with the requirements set forth in this Agreement and in the following attached a exhibits, which are incorporated herein by reference: ® Map of Facility and Location Attached hereto as Exhibit A a� c ® Scope of Work Attached hereto as Exhibit B Y r� ® Project Budget Attached hereto as Exhibit C M ® Insurance Requirements Attached hereto as Exhibit D E ® Notice of Grant Attached hereto as Exhibit E i a 1.2 Map of Facility and Location. This Agreement applies to the Project to improve the c� park and recreational facility ("Facility") which is located at: c 10600 SE 248th Street, Kent,WA. 98030 E E See Exhibit A for a depiction of the Facility and a map of specific Facility location and boundaries. a 1.3 Scope of Work. Grant Recipient shall provide a scope of work("Scope of Work"), attached hereto as Exhibit B,which describes the Project in detail and includes a description of the various design, development,permitting, and construction milestones required for completion of the Project and intended use of the Grant Packet Pg. 47 City of Kent—Morrill Meadows Renovation—6328751 Award Funds. Grant Recipient shall apply the funds received from the County for the Project under this Agreement in accordance with the Scope of Work, attached hereto as Exhibit B. 1.4 Project Budget. Grant Recipient shall work with King County to develop a Project Budget, attached hereto as Exhibit C. King County shall provide the Grant Award Funds to the Grant Recipient to pay for costs and expenditures related to the Project, as set forth in Exhibits B and C. Grant Award Funds provided to Grant Recipient may only be used to pay for costs and expenditures related to the Project, a as set forth in Exhibits B and C. o 1.5 Contractor. Contractor shall include any contractor or consultant hired by Grant Recipient, including any of the contractor's or consultant's subcontractors or subconsultants. L 0 2. EFFECTIVE DATE The Agreement shall be effective upon signature by both Parties ("Effective Date"). 3 3. TERM a The term ("Term") of this Agreement shall begin on the Effective Date and end on November 30, 2024. This Agreement shall remain in effect until such time as it is amended in writing or terminated as provided herein. a 0 4. AMENDMENTS N Y This Agreement together with the attached exhibits expressly incorporated herein by a reference and attached hereto shall constitute the whole Agreement between the Parties. r This Agreement may be amended only by an instrument, in writing, duly executed by the Parties.Either party may request changes to this Agreement,however,changes that deviate c i substantially from the proposal submitted to and approved by the Advisory Committee and the King County Council will need to be approved by those entities. Y 5. NOTICES M Unless otherwise specified in the Agreement, all notices or documentation required or , provided pursuant to this Agreement shall be in electronic form and shall be deemed duly given when received at the addresses first set forth below via electronic mail. L KING COUNTY City of Kent a Rusty Milholland Bryan Higgins Program Manager, Community Investments Parks Capital Project Manager King County Parks City of Kent E 201 S Jackson Street Suite #5702 220 4th Ave. S Seattle, WA 98104 Kent, WA. 98032 206-848-0299 253-856-5113 a rmilholland@kingcounty.gov bhiggins@kentwa.gov Either Party hereto may, at any time, by giving ten(10) days written notice to the other Party to designate any other address in substitution of the foregoing address to which Packet Pg. 48 City of Kent—Morrill Meadows Renovation—6328751 such notice or communication shall be given. 6. DISBURSEMENT OF GRANT FUNDS 6.1 The County may authorize, at County's sole discretion, release of a portion of the Grant Award Funds to Grant Recipient, upon execution of this Agreement, and receipt of Grant Recipient's County-approved completed Scope of Work and Project Budget(see Section I and Exhibits B and Q. L 6.2 The County shall initiate authorization for payment and disbursement of Grant a Award Funds after approval of sufficiently detailed Project-related invoices o submitted by Grant Recipient. The County shall make payment to Grant Recipient not more than thirty(30) days after a complete and accurate invoice and any other required documentation is received and approved. _ L L 6.3 Grant Recipient shall submit the final invoice, supporting documentation and any �° outstanding deliverables, as specified in the Scope of Work(Exhibit B) and Project Budget (Exhibit C), within thirty(30) days of the date this Agreement 3 expires or is terminated. If the Grant Recipient's final invoice, supporting Q documentation and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to Grant Recipient of the amounts set forth in said invoice or any subsequent invoice. 7. GRANT REPORTING All Grant Award Funds received pursuant to this Agreement and accrued interest L therefrom will be accounted for separately from all other Grant Recipient accounts and a moneys. Until the Project is completed, and all proceeds provided pursuant to this Agreement have been expended, the Grant Recipient shall provide reports to the King o County Project Manager on a schedule determined by the County. a� 8. COMPLETION OF THE PROJECT Y Grant Recipient shall complete the Project described in Section 1.1 and Exhibits A,B and C of this Agreement. If Grant Recipient cannot complete the Project, as specified by the Scope of Work and deliverables set forth in Exhibit B, the County shall be released .� from any obligation to fund the Project, and the County in its sole discretion may reallocate such funds for other projects in other jurisdictions. L Pursuant to Section 19, Termination, this Agreement will be terminated if the Grant a Recipient is unable or unwilling to expend the Grant Award Funds for the Project as provided in this Agreement. The Grant Recipient may not redirect Grant Award Funds for a purpose other than completion of the Project as approved by the Advisory Committee and King County Council. E 9. COMMUNICATION AND KING COUNTY MILESTONE NOTIFICATION Grant Recipient shall recognize County as a"grant sponsor" for the Project in the a following manner: 9.1 Events: Grant Recipient shall invite and recognize "King County Parks" at all events promoting the Project, and at the final Project dedication. 9.2 Community Relations: Grant Recipient shall recognize "King County Parks" as a Packet Pg. 49 City of Kent—Morrill Meadows Renovation—6328751 "grant sponsor" in all social media, websites, brochures, banners,posters,press releases, and other promotional material related to the Project. 9.3 King County Parks Notification: Grant Recipient shall notify the King County Parks Project Manager 30 days prior to any major milestone, such as a groundbreaking or opening dates. 9.4 King County Council Notification: If Grant Recipient is a city or town a notification to the King County Council 30 days prior to any major milestone, 3 such as a groundbreaking or opening dates is, required. o 9.5 Si e: Grant Recipient shall recognize "King County Parks" on any signage as a funder/contributor of project/facility. Grant Recipient is required to use appropriate King County logo on any signage and communications. 0 10. DISPOSITION OF REMAINING GRANT AWARD FUNDS �a If Grant Recipient does not expend all proceeds obligated to be provided through this Q Agreement, such proceeds,if held by Grant Recipient, shall be refunded to the County. For purposes of this section, "proceeds" shall include all Grant Award Funds obligated to be provided by the County plus interest accrued by Grant Recipient on the grant funds. Any r proceeds in excess of those required to be provided by the County for the actual costs of the Project shall remain with the County for use in its sole discretion. N Y 11. PUBLIC ACCESS a a The Grant Award is provided to Grant Recipient for the Project for the purpose of land r c protection and recreation for the citizens of King County. Therefore, Grant Recipient and o any successor in interest agree to maintain the Facility for public use as required by a� Ordinances 18890 and 19166, and the Parks Capital and Open Space Grant program requirements specified in Moton 15378. The Facility shall be open and accessible to the Y public at reasonable hours and times. Grant Recipient shall notify the public of the availability of use by posting and updating that information on its website and by maintaining at entrances and/or other locations openly visible signs with such information. Fees for use of the Facility shall be no greater than those generally charged E by public operators of similar facilities in King County. i Notwithstanding temporary closure for required maintenance or repairs, the minimum a period of time Grant Recipient must ensure the Project is available for public use is thirty (30)years. If the Facility is retired or otherwise removed from use before the end of the c� thirty-year period, then the Grant Recipient shall reimburse the Grant Award Funds to c King County Grant Recipient's duties under this Section 11 will survive the E expiration or earlier termination of this Agreement. 12. NOTICE OF GRANT a Upon completion of construction of the Facility, Grant Recipient shall record the executed Notice of Grant, attached hereto as Exhibit E. 13. CONSTRUCTION OF THE FACILITY Packet Pg. 50 City of Kent—Morrill Meadows Renovation—6328751 13.1 Capital Improvements. Grant Recipient shall design, develop, and construct mutually agreed upon Facility, features, and amenities in accordance with all applicable design(s), timelines, restrictions, environmental considerations, permitting determinations, neighborhood impact mitigations, and all other requirements in coordination with King County Parks staff. All contracted work by Grant Recipient, its agents, representatives, or subcontractors, shall be bonded and properly insured to ensure the complete and safe design and construction of all facilities, features, and a amenities. As between Grant Recipient and King County, Grant Recipient will be o solely responsible to comply with all applicable authorities and to obtain all necessary permits, approvals, and endorsements for the Project. 13.2 Warranties. L 0 With respect to all warranties, express or implied, for work performed or materials supplied in connection with the Project, Grant Recipient shall: �a • Obtain all warranties, express or implied, that would be given in normal Q commercial practice from suppliers, manufacturers, contractors or installers; • Require all warranties be executed, in writing; • Be responsible to enforce any warranty of a contractor, subcontractor, ;a manufacturer, or supplier. U If, within an applicable warranty period, any part of the Facility or work Y performed to construct the Facility is found not to conform to specifications, a permit requirements, or industry standard, Grant Recipient shall correct it r promptly. 0 13.3 Right to Inspect- Construction. a� c King County personnel or agents may inspect the construction project at any time Y provided that such persons observe due regard for workplace safety and security. King County may require Grant Recipient or its contractors to stop work if King M County deems work stoppage necessary to remedy construction defects or to address risks to health, safety, or welfare. Grant Recipient specifically understands, acknowledges, and agrees that at a minimum, King County will 4) inspect the Facility construction project before final completion of the Project. 13.4 Design. Grant Recipient has retained a licensed architect and/or licensed professional c� engineer, registered in the State of Washington, who will prepare a Project design for the Facility and exterior landscaping, which visually blends with the setting. King County shall review the design plans for the Project in concept and reserves the right to approve the final design of the Project, consistent with established zoning, design code, or both. a 13.5 Construction Site/Work Fencing. Grant Recipient will be solely responsible for the site work, required permits, and grading for the Project. Grant Recipient will ensure the work area is properly Packet Pg. 51 City of Kent—Morrill Meadows Renovation—6328751 barricaded, and will ensure that signage is installed, directing unauthorized persons not to enter onto the construction site during any phase of development or construction. Unless otherwise agreed by the Parties in writing, fencing will be placed around work areas. In addition, construction areas will be kept clean and organized during development periods. Grant Recipient will be responsible for site security, traffic, and pedestrian warnings at the site during the development and construction phases. L 13.6 Alteration of Site or Facility after Construction. After the Facility is completed and accepted by Grant Recipient and King County -�0 as defined herein, Grant Recipient will not make any material alteration to the Facility, outside of maintenance without express, written consent by King County. King County's consent shall not be unreasonably withheld. L 0 13.7 Development and Construction Fees and Expenses. Grant Recipient will be responsible to obtain and pay for all necessary permits, 3 fees, and expenses associated with the Project. Q 13.8 Public Works Laws. v L To the extent applicable, Grant Recipient will comply with all public works laws, regulations, and ordinances, including but not limited to those related to a prevailing wages (see RCW 39.12), retainage (see RCW 60.28),bonding (see RCW 39.08), use of licensed contractors (see RCW 39.06), and competitive L bidding (see RCW 36.32 and RCW 35.21.278). Grant Recipient will indemnify a and defend King County should it be sued or made the subject of an administrative investigation or hearing for a violation of such laws, regulations, o and ordinances in connection with the improvements. U a� 13.9 Contractor Indemnification and Hold Harmless. Y Grant Recipient will require its construction contractors and subcontractors to defend, indemnify, and hold King County, its officers, officials, employees, and M volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorney's fees and costs, arising out of or in connection with the design, development, and construction of the Facility (hereinafter "Design and Construction Phase"), except for injuries and damages caused by the negligence a of King County. L 13.10 Minimum Scope and Limits of Insurance. � Grant Recipient shall maintain, and/or require its Contractor(s)to maintain the minimum scope and limits of insurance as required in Exhibit D—Insurance E Requirements. 14. INTERNAL CONTROL AND ACCOUNTING SYSTEM a Grant Recipient shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards in accordance with Revised Code of Washington(RCW) Chapter 40.14. Packet Pg. 52 City of Kent—Morrill Meadows Renovation—6328751 15. MAINTENANCE OF RECORDS 15.1 Grant Recipient shall maintain accounts and records, including personnel, property, financial, Project records, including Agreement deliverables, and other such records as may be deemed necessary by the County to ensure proper accounting for all Grant Award Funds and compliance with this Agreement. a 15.2 These records shall be maintained for a period of six (6) years after the expiration or 0 earlier termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with RCW Chapter 40.14. 15.3 Grant Recipient shall inform the County in writing of the location, if different from o the Grant Recipient address listed in Section 5 of this Agreement of the aforesaid books, records, documents, and other evidence and shall notify the County in writing -� of any changes in location within ten (10) working days of any such relocation. 3 Q 16. RIGHT TO INSPECT King County reserves the right to review and approve the performance of[Grant Recipient] with regard to this Agreement, and, at its sole discretion, to inspect or audit the Grant Recipient's records regarding this Agreement and the Project upon seventy-two(72)hours' notice during normal business hours. y 17. COMPLIANCE WITH ALL LAWS AND REGULATIONS a Grant Recipient shall comply with all applicable laws, ordinances and regulations in using funds provided by the County, including, without limitation,those relating to 0 providing a safe working environment to employees and, specifically, the requirements of the Washington Industrial Safety and Health Act(WISHA); and, to the extent applicable, Y those related to "public works,"payment of prevailing wages, and competitive bidding of contracts. The Grant Recipient specifically agrees to comply and pay all costs associated with achieving such compliance without notice from King County; and further agrees that King County, does not waive this Section by giving notice of demand for compliance in any instance. The Grant Recipient shall indemnify and defend the County should it be E sued or made the subject of an administrative investigation or hearing for a violation of such laws related to this Agreement. a 18. CORRECTIVE ACTION o 'L^ V 18.1 If the County determines that a breach of contract has occurred or does not approve of the Grant Recipient's performance, it will give the Grant Recipient written notification of unacceptable performance. Grant Recipient will then take corrective action within a reasonable period of time, as may be defined by King County in its sole discretion in its written notification to Grant Recipient. a 18.2 King County may withhold any payment owed Grant Recipient until the County is satisfied that corrective action has been taken or completed. 19. TERMINATION Packet Pg. 53 City of Kent—Morrill Meadows Renovation—6328751 19.1 King County may terminate this Agreement in whole or in part, with or without cause, at any time during the Term of this Agreement, by providing Grant Recipient ten(10) days advance written notice of the termination. 19.2 If the termination results from acts or omissions of Grant Recipient, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, Grant Recipient shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to Grant Recipient by the County. a 19.3 Any King County obligations under this Agreement beyond the current -00a appropriation biennium are conditioned upon the County Council's appropriation of sufficient funds to support such obligations. If the Council does not approve such appropriation, then this Agreement will terminate automatically at the close of the current appropriation biennium. �° 19.4 The Agreement will be terminated if the Grant Recipient is unable or unwilling to expend the Grant Award Funds as specified in Section 1 and Exhibits B and C, or 3 upon reimbursement by the Grant Recipient to the County of all unexpended Q proceeds provided by the County pursuant to this Agreement and payment of all L amounts due pursuant to Section 6. r 20. FUTURE SUPPORT; UTILITIES AND SERVICE a The County makes no commitment to support the services contracted for herein and y assumes no obligation for future support of the activity contracted for herein except as expressly set forth in this Agreement. Grant Recipient understands, acknowledges, and a agrees that the County shall not be liable to pay for or to provide any utilities or services 3 in connection with the Project contemplated herein. o U 21. HOLD HARMLESS AND INDEMNIFICATION c Y Grant Recipient shall protect, indemnify, and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) Grant Recipient's failure to pay any such compensation, wages,benefits, or taxes, and/or(2) work, services, materials, or supplies performed or provided by Grant Recipient's employees or other suppliers in connection E with or support of the performance of this Agreement. Grant Recipient further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Agreement by the Grant Recipient, its officers, employees, agents, representatives, or subcontractors. This duty to repay the County shall not be diminished or extinguished by E the expiration or prior termination of the Agreement. Grant Recipient agrees for itself, its successors, and assigns, to defend, indemnify, and a hold harmless King County, its appointed and elected officials, and employees from and against liability for all claims, demands, suits, and judgments, including costs of defense thereof, for injury to persons, death, or property damage which is caused by, arises out of, or is incidental to any use of or occurrence on the Project that is the subject of this Agreement, or Grant Recipient's exercise of rights and privileges granted by this Packet Pg. 54 City of Kent—Morrill Meadows Renovation—6328751 Agreement, except to the extent of the County's sole negligence. Grant Recipient's obligations under this Section shall include: A. The duty to promptly accept tender of defense and provide defense to the County at the Grant Recipient's own expense; B. Indemnification of claims made by Grant Recipient's employees or agents; and C. Waiver of Grant Recipient's immunity under the industrial insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify King County, which a waiver has been mutually negotiated by the parties. o In the event it is necessary for the County to incur attorney's fees, legal expenses or other costs to enforce the provisions of this Section, all such fees, expenses and costs shall be - recoverable from the Grant Recipient. o In the event it is determined that RCW 4.24.115 applies to this Agreement, the Grant Recipient agrees to protect, defend, indemnify and save the County, its officers, officials, 3 employees and agents from any and all claims, demands, suits, penalties, losses damages Q judgments, or costs of any kind whatsoever for bodily injury to persons or damage to L property (hereinafter "claims"), arising out of or in any way resulting from the Grant Recipient's officers, employees, agents and/or subcontractors of all tiers, acts or a omissions, performance of failure to perform the rights and privileges granted under this Agreement, to the maximum extent permitted by law or as defined by RCW 4.24.115, as Y now enacted or hereafter amended. a A hold harmless provision to protect King County similar to this provision shall be 3 included in all Agreements or subcontractor Agreements entered into by Grant Recipient in conjunction with this Agreement. Grant Recipient's duties under this Section 21 will survive the expiration or earlier termination of this Agreement. Y 22. NONDISCRIMINATION King County Code ("KCC") chapters 12.16 through 12.19 apply to this Agreement and are incorporated by this reference as if fully set forth herein. In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against E any employee or applicant for employment because of sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or a expression or age except minimum age and retirement provisions, unless based upon a bona fide occupational qualification. c� c as E 23. POLITICAL ACTIVITY PROHIBITED None of the funds, materials,property, or services provided directly or indirectly under a this Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. 24. PROJECT MAINTENANCE; EQUIPMENT PURCHASE, MAINTENANCE, AND Packet Pg. 55 City of Kent—Morrill Meadows Renovation—6328751 OWNERSHIP A. As between the County and Grant Recipient, Grant Recipient shall be responsible to operate and maintain the completed Project at its own sole expense and risk. Grant Recipient shall maintain the completed Project in good working condition consistent with applicable standards and guidelines. Grant Recipient understands, acknowledges, and agrees that the County is not responsible to operate or to maintain the Project in any way. B. Grant Recipient shall be responsible for all property purchased pursuant to this a Agreement, including the proper care and maintenance of any equipment. 3 C. Grant Recipient shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment and materials purchased with Grant Award Funds. - L L Grant Recipient's duties under this Section 24 shall survive the expiration of this �° Agreement. E L 25. ASSIGNMENT 3 Q Grant Recipient shall not assign any portion of rights and obligations under this Agreement or transfer or assign any claim arising pursuant to this Agreement without the written consent of the County. Grant Recipient must seek such consent in writing not less than fifteen(15) days prior to the date of any proposed assignment. a 26. WAIVER OF BREACH OR DEFAULT N Y Waiver of breach of any provision in this Agreement shall not be deemed to be a waiver a of any subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. Waiver of any default shall not be deemed to c i be a waiver of any subsequent defaults. 27. TAXES Y Grant Recipient agrees to pay on a current basis all taxes or assessments levied on its M activities and property, including, without limitation, any leasehold excise tax due under , RCW Chapter 82.29A; PROVIDED, however, that nothing contained herein will modify a the right of the Grant Recipient to contest any such tax, and Grant Recipient shall not be deemed to be in default as long as it will,in good faith,be contesting the validity or amount a, of any such taxes. a c 28. WASHINGTON LAW CONTROLLING; WHERE ACTIONS BROUGHT This Agreement is made in and will be in accordance with the laws of the State of c Washington, which will be controlling in any dispute that arises hereunder. Actions E pertaining to this Agreement will be brought in King County Superior Court, King County, Washington. a 29. PUBLIC DOCUMENT This Agreement will be considered a public document and will be available for inspection and copying by the public. 30. LEGAL RELATIONS Packet Pg. 56 City of Kent—Morrill Meadows Renovation—6328751 Nothing contained herein will make, or be deemed to make, County and Grant Recipient a partner of one another, and this Agreement will not be construed as creating a partnership or joint venture. Nothing in this Agreement will create, or be deemed to create, any right, duty or obligation in any person or entity not a party to it. 31. PERMITS AND LICENSES Grant Recipient shall develop and run the Project in accordance with all applicable laws and regulatory requirements including environmental considerations, permitting a determinations, and other legal requirements. All activities and improvements shall be 3 performed by Grant Recipient at its sole expense and liability. Grant Recipient shall, at -°a its sole cost and expense, apply for,obtain and comply with all necessary permits, licenses and approvals required for the Project, 32. INTERPRETATION OF COUNTY RULES AND REGULATIONS o If there is any question regarding the interpretation of any County rule or regulation, the County decision will govern and will be binding upon the Grant Recipient. 3 33. ENTIRE AGREEMENT a This Agreement, including its attachments, constitutes the entire Agreement between the County and Grant Recipient. It supersedes all other agreements and understandings between them, whether written, oral or otherwise. a U N IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the first date written. a r c City of Kent King County 0 a� By By Y r� Title Title M Date Date m E as as L a 'L^ V E V a Packet Pg. 57 4.E.a City of Kent—Morrill Meadows Renovation—6328751 EXHIBIT A- MAP OF FACILITY AND LOCATION L cu a. U) �I Morrill Meadows 14 1 - •L T O �, fl a, r ' �. •ti Gr •w A, ' } _ w 0 ,. o' �T rf yf r v 4k cC SE 248 ST •_ _ Y k A a+ C L 0 0.07 0.15 0.3 Miles � �. U KENT �, c m E t ..r a Packet Pg. 58 4.E.a City of Kent—Morrill Meadows Renovation—6328751 EXHIBIT B - SCOPE OF WORK This project will renovate the playground, grass lawn, trails, and plaza space at Morrill Meadows Park. Activities/Milestones Estimated L Completion Deliverables a Date 3 1 Site prep, earthwork and stormwater Dec 2023 100% Designs -°a 2 Construction of hardscape and flatwork Dec 2023 3 Installation of playground and site furnishings Dec 2023 = L 4 Irrigation and planting Dec 2023 0 5 Park Opening Jan 2024 E L 3 Q 'L^ V .Q U N Y L O 1 M C � I � E N L Q 'L^ V E V a Packet Pg. 59 City of Kent—Morrill Meadows Renovation—6328751 EXHIBIT C -PROJECT BUDGET Organization and Project Name: City of Kent- Morrill Meadows Renovation - Budget Project Tasks Project Costs Grant Request L Planning / Design / Permits a Planning and design $120,000 0 Permits $20,000 L L Construction / Installation / Materials �° General conditions/TESC $80,722 �a site clearing and demolition $30,000 Q Earthwork $50,000 Storm Water $50,000 .Q Hardscape and Flatwork $118,368 $100,000 L) Playground and Site Furnishings purchase $267,150 $250,000 �a a Playground and Site Furnishings install $267,150 $150,000 r c Irrigation and planting $50,000 0 U c Y ti M Other c a� Contingency L Tax $92,252 a Project Management (Max 15% of grant) I i c� c as TOTALS $1,145,642 $500,000 E a Packet Pg. 60 City of Kent—Morrill Meadows Renovation—6328751 EXHIBIT D -INSURANCE REQUIREMENTS 1. Insurance Requirements 1.1. Grant Recipient shall purchase and maintain, at its sole cost and expense, the minimum insurance set forth below. By requiring such minimum insurance, the County does not and shall not be deemed or construed to have assessed the risks that may be applicable to L Grant Recipient, or any Contractor under this Agreement, or in any way limit the a County's potential recovery to insurance limits required hereunder. To the contrary, this 3 Agreement's insurance requirements may not in any way be construed as limiting any -°a potential liability to the County or the County's potential recovery from Grant Recipient. Grant Recipient and any Contractor shall assess their own risks and if they deem appropriate and/or prudent, maintain greater limits and/or broader coverage. o 1.2. Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded, which coverage shall apply to 3 each insured to the full extent provided by the terms and conditions of the policy(s). Q Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Agreement. 1.3. Each insurance policy shall be written on an"occurrence"basis; excepting insurance for Professional Liability (Errors and Omissions), and/or Pollution Liability, and/or Cyber y Liability(Technology Errors and Omissions). These coverages required by this Agreement may be written on a"claims made"basis. a If coverage is approved and purchased on a"claims made"basis, the coverage provided 0 under that insurance shall be maintained through: (i) consecutive policy renewals for not less than three (3) years from the date of completion of the Project which is subject of Y this Agreement or, if such renewals are unavailable, (ii)the purchase of a tail/extended reporting period for not less than three (3)years from the date of completion of the Project which is the subject of this Agreement. c a� 2. Evidence and Cancellation of Insurance E 2.1. Upon execution of the Agreement, and within thirty (30) days of request by the County, Grant Recipient shall furnish the County certificates of insurance and endorsements a certifying the issuance of all insurance required by this Agreement. All evidence of insurance shall be signed by a properly authorized officer, agent, general agent, or qualified representative to the insurer(s), shall certify the name of the insured(s), the type and amount of insurance, the location and operations to which the insurance applies, the E inception and expiration dates, shall specify the form numbers of any endorsements issued to satisfy this Agreement's insurance requirements, and shall state that the County a shall receive notice at least thirty (30) days prior to the effective date of any cancellation, lapse, or material change in the policy(s). Similar documentation confirming renewal of required insurance shall be provided on each insurance renewal date. 2.2. The County reserves the right to require complete, certified copies of all required insurance policies, including all endorsements and riders, which may be redacted of any Packet Pg. 61 City of Kent—Morrill Meadows Renovation—6328751 confidential or proprietary information. Grant Recipient shall deliver such policies to the County within five (5)business days of County's request. 2.3. County's receipt or acceptance of Grant Recipient's or any Contractor's evidence of insurance at any time without comment or objection, or County's failure to request certified copies of such insurance, does not waive, alter, modify, or invalidate any of the insurance requirements set forth in this Exhibit D or, consequently, constitute the County's acceptance of the adequacy of Grant Recipient's or any Contractor's insurance L or preclude or prevent any action by County against Grant Recipient for breach of the a requirements of this section. N 3 0 3. Minimum Scope and Limits of Insurance 3.1. Grant Recipient shall maintain the following types of insurance and minimum insurance o limits: 3.1.1. Commercial General Liability: $2,000,000 per occurrence and $4,000,000 in the aggregate for bodily injury,personal and advertising injury, and property damage. 3 Coverage shall be at least as broad as that afforded under ISO form number CG 00 a 01. Such insurance shall include coverage for, but not limited to premises liability, products and completed operations, ongoing operations, and contractual liability. Limits may be satisfied by a single primary limit or by a combination of separate primary and umbrella or excess liability policies,provided that coverage under the latter shall be at least as broad as that afforded under the primary policy and satisfy y all other requirements applicable to liability insurance including but not limited to additional insured status for the County. a a. A per project aggregate endorsement shall apply to the General Liability policy. 0 a� 3.1.2. Automobile Liability: $1,000,000 combined single limit per accident for bodily Y injury and property damage. Coverage shall be at least as broad as that afforded under ISO form number CA 00 01 covering BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the combination of symbols 2, 8, and 9. Limits may be satisfied by a single primary limit or by a combination of separate primary and umbrella or excess liability policies,provided that coverage under the latter shall be E at least as broad as that afforded under the primary policy. a 3.1.3. Workers Compensation: Workers Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this Project by applicable Federal or"Other States" State Law. as E 3.1.4. Employers Liability or"Stop Gap" coverage: $1,000,000 each occurrence and shall be at least as broad as the protection provided by the Workers Compensation a policy Part 2 (Employers Liability), or, in monopolistic states including but not limited to Washington, the protection provided by the "Stop Gap" endorsement to the commercial general liability policy. Packet Pg. 62 City of Kent—Morrill Meadows Renovation—6328751 3.1.5. Builder's Risk/Installation Floater Insurance: Grant Recipient or its Contractor(s) shall procure and maintain prior to and for the duration of the construction phase of the Project, "All Risk"Builder's Risk insurance or Installation Floater insurance at least as broad as ISO form number CP0020 (Builder's Risk Coverage Form)with ISO form number CP0020 (Causes of Loss—Special Form). 4. Other Insurance Provisions and Requirements L 4.1. All insurance policies purchased and maintained by Grant Recipient and any Contractor a required in this Agreement shall contain, or be endorsed to contain the following 3 provisions: 0� 4.1.1. With respect to all liability policies except Professional Liability(Errors and Omissions) and Workers Compensation: 4.1.1.1. King County, its officials, employees and agents shall be covered as o additional insured for full coverage and policy limits as respects liability arising out of activities performed by or on behalf of the Grant Recipient, its agents, representatives, employees, or Contractor(s) in connection with this 3 Agreement. Additional Insured status shall include products-completed Q operations CG 20 100 11/85 or its substantive equivalent. The County requires the endorsement(s)to complete the Agreement. 4.1.2. With respect to all liability policies (except Workers Compensation): 4.1.2.1. Coverage shall be primary insurance as respects the County, its officials, employees and agents. Any insurance and/or self-insurance maintained by the y County, its officials, employees or agents shall not contribute with any [Grant Recipient's], or Contractor(s) insurance or benefit the Grant Recipient, or any a Contractor, or their respective insurers in any way. 4.1.2.2. Insurance shall expressly state that it applies separately to each insured 0 and additional insured against whom a claim is made and/or lawsuit is brought, o, except with respect to the limits of insurer's liability. Y 5. Waiver of Subrogation 5.1. Grant Recipient, its Contractor(s), and their respective insurance carriers release and waive all rights of subrogation against King County, its officials, agents and employees for damages caused by fire or other perils which can be insured by a property insurance E policy. This provision shall be valid and enforceable only to the extent permissible by the applicable property insurance policies. a c 6. Deductibles/Self-Insured Retentions 6.1. Any deductible and/or self-insured retention of the policies shall not in any way limit the County's right to coverage under the required insurance, or to Grant Recipient's, or any Contractor's liability to the County, and shall in all instances be the sole responsibility of Grant Recipient or its Contractor, even if no claim has been made or asserted against them. a 7. Acceptability of Insurers 7.1. Unless otherwise approved by the County, insurance is to be placed with insurers with an A.M. Best rating of no less than A:VIII. Packet Pg. 63 City of Kent—Morrill Meadows Renovation—6328751 7.2. Professional Liability (Errors and Omissions) insurance may be placed with insurers with an A.M. Best rating of no less than B+:VII. 7.3. If at any time any of the foregoing policies fail to meet the above stated requirements, [Grant Recipient] shall,upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with the appropriate certificates and endorsements, for review. L 8. Self-Insurance a 8.1. If the Grant Recipient is a governmental entity or municipal corporation, Grant Recipient 3 may maintain a fully funded self-insurance program or participate in an insurance pool -°a for the protection and handling of its liabilities including injuries to persons and damage to property. L L 9. Contractors 9.1. Grant Recipient shall include all Contractors as insureds under its policies or, alternatively, Grant Recipient must require each of its Contractors to procure and 3 maintain appropriate and reasonable insurance coverage and insurance limits to cover a each of the Contractor's liabilities given the scope of work and services being provided herein. To the extent reasonably commercially available, insurance maintained by any Contractor must comply with the specified requirements of this Exhibit D, including the requirement that all liability insurance policies (except Professional Liability and Workers Compensation)provided by the Contractor(s) must include the County, its N officials, agents and employees as additional insured for full coverage and policy limits. . Grant Recipient is obligated to require and verify that each Contractor(s)to maintain the a required insurance and ensure the County is included as additional insured. Upon request by the County, and within five (5)business days, Grant Recipient must provide 0 evidence of each Contractor(s) insurance coverage, including endorsements. Y 10. Work Site Safety 10.1. Grant Recipient shall have the "right to control" and bear the sole responsibility for the job site conditions, and job site safety. Grant Recipient shall comply with all applicable federal, state and local safety regulations governing the job site, employees, and Contractors. E as L a 'L^ V C� G V a Packet Pg. 64 City of Kent—Morrill Meadows Renovation—6328751 EXHIBIT E—NOTICE OF GRANT Upon Recording Return To: King County Department of Natural Resources and Parks Parks and Recreation Division 201 S Jackson Street, KSC-NR-5702 a Seattle, WA 98104-3855 3 0 a� Document Title: Reference No. of Related Document: L Legal Description: �° Assessor's Parcel No.: L NOTICE OF GRANT Q This Notice of Grant is effective as of the day of , 202_, and is made and 0 executed by the Parks Capital and Open Space Grant recipient, the City of Kent and King County(the "County"), a political subdivision of the State of Washington. U The City is the owner of the in King County, State of Washington (the "Property"), legally L described and attached hereto in Exhibit A. a Pursuant to a Parks Capital and Open Space Grant Agreement, between the King County and the o City, dated ("Grant Agreement"), attached hereto as Exhibit B, the City has a� constructed a Facility Improvement to the"Facility" on the Property for the purpose of providing Y recreation for the public. A map of the Property and Facility is attached hereto as Exhibit C. ti The City hereby agrees to be bound by the terms of the Grant Agreement including the obligation to ensure public access to the Facility. c m E IN WITNESS WHEREOF, the City and King County have executed this Notice of Grant on the i date set forth above. a c 'L^ V City of Kent KING COUNTY By: By: Name: Name: Its: Its: a STATE OF WASHINGTON ) ss. COUNTY OF KING ) Packet Pg. 65 City of Kent—Morrill Meadows Renovation—6328751 I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of the CITY OF KENT to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. L Dated: N 3 0 a� L L NOTARY PUBLIC E Print Name: Q My Commission Expires: L I fA W .Q U N Y L STATE OF WASHINGTON ) a ss. COUNTY OF KING ) a� c Y I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of KING COUNTY, a political subdivision of the State of Washington, to be the free and voluntary act of such party for the uses and purposes mentioned in the E instrument. a� a Dated: 'L^ V C� G V NOTARY PUBLIC a Print Name: My Commission Expires: Packet Pg. 66 4.E.a City of Kent—Morrill Meadows Renovation—6328751 Page Break NOTICE OF GRANT EXHIBIT A- LEGAL DESCRIPTION L a. 3 0 a� �L L C0 0 E L .Q U N Y L Q. 0 U c Y M C N N N w a 'L^ V 7 V a Packet Pg. 67 4.E.a City of Kent—Morrill Meadows Renovation—6328751 NOTICE OF GRANT EXHIBIT B - GRANT AGREEMENT L a. 3 0 W a� �L L C0 G E 'L^ V .Q U N Y L Q. 0 U c Y M C N E N N w _ a 'L^ V E V a Packet Pg. 68 4.E.a City of Kent—Morrill Meadows Renovation—6328751 NOTICE OF GRANT EXHIBIT C - PROPERTY AND FACILITY MAP L a. 3 0 W a� �L L C0 G E 'L^ V .Q U N Y L Q. 0 U c Y M C N N L Q 'L^ V 7 E V a Packet Pg. 69 4.F PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE Parks Director 220 Fourth Avenue South KENT Kent, WA 98032 W A S H i N G T O N 253-856-5100 DATE: March 2, 2023 TO: Parks and Human Services Committee SUBJECT: King County Parks Capital and Open Space Program - Capital Project Grant Agreement (Salt Air Vista Park) - Authorize MOTION: I move to accept grant funds in the amount of $338,000.00 from King County Parks Capital and Open Space Program for the Salt Air Vista Park Renovation Project, amend the budget, authorize expenditure of funds, and authorize the Mayor to sign all necessary agreements and other documents, subject to terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: During 2022 the parks planning division applied for a capital grant from the King County Parks Capital and Open Space Program for the planned renovation project at Salt Air Vista Park. The county awarded us $338,000 for this project. BUDGET IMPACT: Parks Capital Budget SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Grant Agreement (DOCX) Packet Pg. 70 City of Kent—Salt Air Vista Park Renovation—6328750 King County PARKS CAPITAL AND OPEN SPACE PROGRAM CAPITAL PROJECT GRANT AGREEMENT Department/Division: Natural Resources and Parks / Parks and Recreation a Grant Recipient: City of Kent N Project: Salt Air Vista Park Renovation L 'a Award Amount: $338,000.00 Project#: 1144509 Contract#: 6328750 rn i Term Period: To November 30, 2023 3 a THIS AGREEMENT is a grant agreement entered into between City of Kent (the "Grant Recipient") and King County (the "County") (collectively the "Parties") for an active recreation, passive recreation, local trail, or other capital project in a park or recreational facility using a . Parks Capital and Open Space Program grant. ci L RECITALS a A. Ordinance 18890, which took effect May 113, 2019, called for a special election to c authorize the King County parks, recreation trails and open space levy. On August 6, c� 2019, King County voters approved the levy, which included funding for capital projects c for active and passive recreation, local trails, or capital projects in parks and recreation Y facilities in order to construct new and improve existing recreation facilities to address ti the pressures of rapid growth in King County. M c B. Motion 15378, Section A.I., and Attachment A, further delineated the use of levy funds E for the Parks Capital and Open Space Grants Program and the guidelines governing that L use. a c C. Ordinance 19166, Attachment A established the grant award criteria and the process for the distribution of Parks Capital and Open Space Grants as well as the proposed composition of an advisory committee to review and make recommendations on the grant awards. E D. King County, a home rule charter county and political subdivision of the State of Q Washington, is authorized to administer the Parks Capital and Open Space Grant Program and enter into agreements for the use of the grant funds with King County towns, cities, or metropolitan parks districts for capital projects for active and passive recreation, local trails, or capital projects in parks and recreation facilities. Packet Pg. 71 City of Kent—Salt Air Vista Park Renovation—6328750 E. Grant Recipient is a City. F. The Parks Capital and Open Space Grant Program Advisory Committee has recommended an allocation of levy grant funds to specific projects,pursuant to Ordinance 19433. G. King County has selected Grant Recipient to receive a Parks Capital and Open Space Grant award in the amount of$338,000.00 ("Grant Award Funds") in order to design, develop, construct, improve, or repair the a. Project described below and in the attached exhibits. This includes y reimbursement for any design, development, and construction the Grant > Recipient already completed for the Project after, May 10, 2022, of the a grant award. Cn i NOW THEREFORE, in consideration of the promises, covenants, and other provisions set forth in this Agreement, the Parties agree as follows: a GRANT AWARD TERMS AND CONDITIONS 2 c� 1. DEFINITIONS Q. 1.1 Project. v The term"Project"means the design, development and construction of the Facility described in Exhibit A. Grant Award Funds available pursuant to this Agreement may only be used for the Project. To complete the Project, Grant Recipient shall use the Grant Award Funds to design, develop, and construct the Facility, as set forth in Exhibit B, C c.� consistent with the requirements set forth in this Agreement and in the following attached exhibits, which are incorporated herein by reference: 00 Y ® Map of Facility and Location Attached hereto as Exhibit A M ® Scope of Work Attached hereto as Exhibit B E ® Project Budget Attached hereto as Exhibit C i ® Insurance Requirements Attached hereto as Exhibit D a c ® Notice of Grant Attached hereto as Exhibit E as E 1.2 Map of Facility and Location. This Agreement applies to the Project to improve the park and recreational facility ("Facility") which is located at: Q 24615 26th PL S, Kent,WA. 98032 See Exhibit A for a depiction of the Facility and a map of specific Facility location and boundaries. 1.3 Scope of Work. Grant Recipient shall provide a scope of work("Scope of Work"), Packet Pg. 72 City of Kent—Salt Air Vista Park Renovation—6328750 attached hereto as Exhibit B,which describes the Project in detail and includes a description of the various design, development,permitting, and construction milestones required for completion of the Project and intended use of the Grant Award Funds. Grant Recipient shall apply the funds received from the County for the Project under this Agreement in accordance with the Scope of Work, attached hereto as Exhibit B. 1.4 Project Budget. Grant Recipient shall work with King County to develop a Project L Budget, attached hereto as Exhibit C. King County shall provide the Grant Award a Funds to the Grant Recipient to pay for costs and expenditures related to the Project, as set forth in Exhibits B and C. Grant Award Funds provided to Grant j Recipient may only be used to pay for costs and expenditures related to the Project, a as set forth in Exhibits B and C. Grant Recipient is specifically authorized to use grant funds as reimbursement for any design, development,permitting, and rn construction that has already been completed for the Project after, May 10, 2022. L 1.5 Contractor. Contractor shall include any contractor or consultant hired by Grant a Recipient, including any of the contractor's or consultant's subcontractors or subconsultants. 2 c� 2. EFFECTIVE DATE r The Agreement shall be effective upon signature by both Parties ("Effective Date"). v 3. TERM L The term ("Term") of this Agreement shall begin on the Effective Date and end on November 30,2023. This Agreement shall remain in effect until such time as it is amended in writing or terminated as provided herein. v 4. AMENDMENTS' c Y This Agreement together with the attached exhibits expressly incorporated herein by LO reference and attached hereto shall constitute the whole Agreement between the Parties. This Agreement may be amended only by an instrument, in writing, duly executed by the Parties. Either party may request changes to this Agreement,however,changes that deviate substantially from the proposal submitted to and approved by the Advisory Committee and d the King County Council will need to be approved by those entities. 5. NOTICES a c Unless otherwise specified in the Agreement, all notices or documentation required or i c� provided pursuant to this Agreement shall be in electronic form and shall be deemed duly given when received at the addresses first set forth below via electronic mail. z KING COUNTY City of Kent Rusty Milholland Bryan Higgins Q Program Manager, Community Investments Parks Capital Project Manager King County Parks City of Kent 201 S Jackson Street Suite #5702 220 4th Ave. S Seattle, WA 98104 Kent, WA. 98032 Packet Pg. 73 City of Kent—Salt Air Vista Park Renovation—6328750 206-848-0299 253-856-5113 rmilholland@kingcounty.gov bhiggins@kentwa.gov Either Party hereto may, at any time, by giving ten(10) days written notice to the other Party to designate any other address in substitution of the foregoing address to which such notice or communication shall be given. 6. DISBURSEMENT OF GRANT FUNDS a 6.1 The County may authorize, at County's sole discretion, release of a portion of the Grant Award Funds to Grant Recipient, upon execution of this Agreement, and j receipt of Grant Recipient's County-approved completed Scope of Work and a Project Budget(see Section 1 and Exhibits B and Q. = 6.2 The County shall initiate authorization for payment and disbursement of Grant N Award Funds after approval of sufficiently detailed Project-related invoices submitted by Grant Recipient. The County shall make payment to Grant a Recipient not more than thirty(30) days after a complete and accurate invoice and any other required documentation is received and approved. 2- 0 6.3 Grant Recipient shall submit the final invoice, supporting documentation and any is outstanding deliverables, as specified in the Scope of Work(Exhibit B) and Project Budget (Exhibit C), within thirty (30) days of the date this Agreement v expires or is terminated. If the Grant Recipient's final invoice, supporting documentation and reports are not submitted by the day specified in this a subsection, the County will be relieved of all liability for payment to Grant Recipient of the amounts set forth in said invoice or any subsequent invoice. 'o c.� 7. GRANT REPORTING All Grant Award Funds received pursuant to this Agreement and accrued interest Y therefrom will be accounted for separately from all other Grant Recipient accounts and LO moneys. Until the Project is completed, and all proceeds provided pursuant to this Agreement have been expended, the Grant Recipient shall provide reports to the King c County Project Manager on a schedule determined by the County. E d 8. COMPLETION OF THE PROJECT Grant Recipient shall complete the Project described in Section 1.1 and Exhibits A,B a c and C of this Agreement. If Grant Recipient cannot complete the Project, as specified by the Scope of Work and deliverables set forth in Exhibit B, the County shall be released from any obligation to fund the Project, and the County in its sole discretion may reallocate such funds for other projects in other jurisdictions. z Pursuant to Section 19, Termination, this Agreement will be terminated if the Grant Recipient is unable or unwilling to expend the Grant Award Funds for the Project as Q provided in this Agreement. The Grant Recipient may not redirect Grant Award Funds for a purpose other than completion of the Project as approved by the Advisory Committee and King County Council. Packet Pg. 74 City of Kent—Salt Air Vista Park Renovation—6328750 9. COMMUNICATION AND KING COUNTY MILESTONE NOTIFICATION Grant Recipient shall recognize County as a"grant sponsor" for the Project in the following manner: 9.1 Events: Grant Recipient shall invite and recognize "King County Parks" at all events promoting the Project, and at the final Project dedication. L 9.2 Community Relations: Grant Recipient shall recognize "King County Parks" as a a "grant sponsor" in all social media, websites, brochures, banners,posters, press y releases, and other promotional material related to the Project. > L_ Q 9.3 King County Parks Notification: Grant Recipient shall notify the King County Parks Project Manager 30 days prior to any major milestone, such as a N groundbreaking or opening dates. 9.4 King County Council Notification: If Grant Recipient is a city or town a notification to the King County Council 30 days prior to any major milestone, such as a groundbreaking or opening dates is, required. c� 9.5 Signn_age: Grant Recipient shall recognize "King County Parks" on any signage as a fonder/contributor of project/facility. Grant Recipient is required to use v appropriate King County logo on any signage and communications. a 10. DISPOSITION OF REMAINING GRANT AWARD FUNDS If Grant Recipient does not expend all proceeds obligated to be provided through this C Agreement, such proceeds,if held by Grant Recipient, shall be refunded to the County. For purposes of this section, "proceeds" shall include all Grant Award Funds obligated to be Y provided by the County plus interest accrued by Grant Recipient on the grant funds. Any proceeds in excess of those required to be provided by the County for the actual costs of M the Project shall remain with the County for use in its sole discretion. c 11. PUBLIC ACCESS a) Grant Award is provided to Grant Recipient for the Project for the purpose of land te tection and recreation for the citizens of King County. Therefore, Grant Recipient and a any successor in interest agree to maintain the Facility for public use as required by Ordinances 18890 and 19166, and the Parks Capital and Open Space Grant program requirements specified in Moton 15378. The Facility shall be open and accessible to the public at reasonable hours and times. Grant Recipient shall notify the public of the availability of use by posting and updating that information on its website and by maintaining at entrances and/or other locations openly visible signs with such information. Fees for use of the Facility shall be no greater than those generally charged Q by public operators of similar facilities in King County. Notwithstanding temporary closure for required maintenance or repairs, the minimum period of time Grant Recipient must ensure the Project is available for public use is thirty (30)years. If the Facility is retired or otherwise removed from use before the end of the thirty-year period, then the Grant Recipient shall reimburse the Grant Award Funds to Packet Pg. 75 City of Kent—Salt Air Vista Park Renovation—6328750 King County. Grant Recipient's duties under this Section 11 will survive the expiration or earlier termination of this Agreement. 12. NOTICE OF GRANT Upon completion of construction of the Facility, Grant Recipient shall record the executed Notice of Grant, attached hereto as Exhibit E. 13. CONSTRUCTION OF THE FACILITY L 13.1 Capital Improvements. Aka Grant Recipient shall design, develop, and construct mutually agreed upon Facility, features, and amenities in accordance with all applicable design(s), L timelines, restrictions, environmental considerations, permitting determinations, a neighborhood impact mitigations, and all other requirements in coordination with rn King County Parks staff. All contracted work by Grant Recipient, its agents, representatives, or subcontractors, shall be bonded and properly insured to ensure the complete and safe design and construction of all facilities, features, and Q amenities. As between Grant Recipient and King County, Grant Recipient will be solely responsible to comply with all applicable authorities and to obtain all i c� necessary permits, approvals, and endorsements for the Project. r 13.2 Warranties. w With respect to all warranties, express or implied, for work performed or Y L materials supplied in connection with the Project, Grant Recipient shall: • Obtain all warranties, express or implied, that would be given in normal commercial practice from suppliers, manufacturers, contractors or installers; �0 • Require all warranties be executed, in writing; v, • Be responsible to enforce any warranty of a contractor, subcontractor, Y manufacturer, or supplier. Lo ti If, within an applicable warranty period, any part of the Facility or work M performed to construct the Facility is found not to conform to specifications, c permit requirements, or industry standard, Grant Recipient shall correct it °' E promptly. L 13.3 Right to Inspect- Construction. a King County personnel or agents may inspect the construction project at any time provided that such persons observe due regard for workplace safety and security. King County may require Grant Recipient or its contractors to stop work if King County deems work stoppage necessary to remedy construction defects or to E address risks to health, safety, or welfare. Grant Recipient specifically understands, acknowledges, and agrees that at a minimum, King County will Q inspect the Facility construction project before final completion of the Project. 13.4 Design. Intentionally deleted. Packet Pg. 76 City of Kent—Salt Air Vista Park Renovation—6328750 13.5 Construction Site/Work Fencing. Grant Recipient will be solely responsible for the site work, required permits, and grading for the Project. Grant Recipient will ensure the work area is properly barricaded, and will ensure that signage is installed, directing unauthorized persons not to enter onto the construction site during any phase of development or construction. Unless otherwise agreed by the Parties in writing, fencing will be placed around work areas. In addition, construction areas will be kept clean and organized during L development periods. Grant Recipient will be responsible for site security, traffic, and a pedestrian warnings at the site during the development and construction phases. N 13.6 Alteration of Site or Facility after Construction. > • L After the Facility is completed and accepted by Grant Recipient and King County as a defined herein, Grant Recipient will not make any material alteration to the Facility, vn outside of maintenance without express, written consent by King County. King County's consent shall not be unreasonably withheld. 3 13.7 Development and Construction Fees and Expenses. a c Grant Recipient will be responsible to obtain and pay for all necessary permits, fees, i c� and expenses associated with the Project. 13.8 Public Works Laws. To the extent applicable, Grant Recipient will comply with all public works laws, Y L regulations, and ordinances, including but not limited to those related to prevailing a wages (see RCW 39.12), retainage (see RCW 60.28),bonding (see RCW 39.08), use of licensed contractors (see RCW 39.06), and competitive bidding (see RCW 36.32 and c RCW 35.21.278). Grant Recipient will indemnify and defend King County should it be c� sued or made the subject of an administrative investigation or hearing for a violation of c such laws, regulations, and ordinances in connection with the improvements. LO Y 13.9 Contractor Indemnification and Hold Harmless. M Grant Recipient will require its construction contractors and subcontractors to defend, indemnify, and hold King County, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorney's fees and costs, arising out of or in connection with the design, development, and o, construction of the Facility(hereinafter "Design and Construction Phase"), except for injuries and damages caused by the negligence of King County. c� 13.10Minimum Scope and Limits of Insurance. Grant Recipient shall maintain, and/or require its Contractor(s)to maintain the E minimum scope and limits of insurance as required in Exhibit D—Insurance Requirements. Q 14. INTERNAL CONTROL AND ACCOUNTING SYSTEM Grant Recipient shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards in accordance with Revised Code of Washington(RCW) Chapter 40.14. Packet Pg. 77 City of Kent—Salt Air Vista Park Renovation—6328750 15. MAINTENANCE OF RECORDS 15.1 Grant Recipient shall maintain accounts and records, including personnel, property, financial, Project records, including Agreement deliverables, and other such records as may be deemed necessary by the County to ensure proper accounting for all Grant Award Funds and compliance with this Agreement. L 15.2 These records shall be maintained for a period of six (6) years after the expiration or a earlier termination of this Agreement unless permission to destroy them is granted by y the Office of the Archivist in accordance with RCW Chapter 40.14. > L 15.3 Grant Recipient shall inform the County in writing of the location, if different from a the Grant Recipient address listed in Section 5 of this Agreement of the aforesaid rn books, records, documents, and other evidence and shall notify the County in writing of any changes in location within ten (10) working days of any such relocation. 3 16. RIGHT TO INSPECT a c King County reserves the right to review and approve the performance of[Grant Recipient] with regard to this Agreement, and, at its sole discretion, to inspect or audit the Grant Recipient's records regarding this Agreement and the Project upon seventy-two(72)hours' a notice during normal business hours. v 17. COMPLIANCE WITH ALL LAWS AND REGULATIONS a Grant Recipient shall comply with all applicable laws, ordinances and regulations in using funds provided by the County, including, without limitation,those relating to providing a safe working environment to employees and, specifically, the requirements of v the Washington Industrial Safety and Health Act(WISHA); and, to the extent applicable, those related to "public works,"payment of prevailing wages, and competitive bidding of Y contracts. The Grant Recipient specifically agrees to comply and pay all costs associated ti with achieving such compliance without notice from King County; and further agrees that M King County, does not waive this Section by giving notice of demand for compliance in any instance. The Grant Recipient shall indemnify and defend the County should it be sued or made the subject of an administrative investigation or hearing for a violation of such laws related to this Agreement. a 18. CORRECTIVE ACTION c L 18.1 If the County determines that a breach of contract has occurred or does not approve of the Grant Recipient's performance, it will give the Grant Recipient written notification of unacceptable performance. Grant Recipient will then take corrective action within a reasonable period of time, as may be defined by King County in its sole discretion in its written notification to Grant Recipient. Q 18.2 King County may withhold any payment owed Grant Recipient until the County is satisfied that corrective action has been taken or completed. 19. TERMINATION 19.1 King County may terminate this Agreement in whole or in part, with or without Packet Pg. 78 City of Kent—Salt Air Vista Park Renovation—6328750 cause, at any time during the Term of this Agreement,by providing Grant Recipient ten(10) days advance written notice of the termination. 19.2 If the termination results from acts or omissions of Grant Recipient, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, Grant Recipient shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to Grant Recipient by the County. L 19.3 Any King County obligations under this Agreement beyond the current a appropriation biennium are conditioned upon the County Council's appropriation y of sufficient funds to support such obligations. If the Council does not approve > = such appropriation, then this Agreement will terminate automatically at the close a of the current appropriation biennium. N 19.4 The Agreement will be terminated if the Grant Recipient is unable or unwilling to expend the Grant Award Funds as specified in Section 1 and Exhibits B and C, or 3 upon reimbursement by the Grant Recipient to the County of all unexpended a proceeds provided by the County pursuant to this Agreement and payment of all amounts due pursuant to Section 6. 20. FUTURE SUPPORT; UTILITIES AND SERVICE Q. The County makes no commitment to support the services contracted for herein and ci assumes no obligation for future support of the activity contracted for herein except as i expressly set forth in this Agreement. Grant Recipient understands, acknowledges, and a agrees that the County shall not be liable to pay for or to provide any utilities or services in connection with the Project contemplated herein. 'o 21. HOLD HARMLESS AND INDEMNIFICATION a, c Grant Recipient shall protect, indemnify, and save harmless the County, its officers, Y agents, and employees from and against any and all claims, costs, and/or losses ti whatsoever occurring or resulting from (1) Grant Recipient's failure to pay any such M compensation, wages, benefits, or taxes, and/or(2) work, services, materials, or supplies c performed or provided by Grant Recipient's employees or other suppliers in connection E with or support of the performance of this Agreement. L Grant Recipient further agrees that it is financially responsible for and will repay the a County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Agreement by the Grant Recipient, its officers, employees, agents, representatives, or subcontractors. This duty to repay the County shall not be diminished or extinguished by the expiration or prior termination of the Agreement. Grant Recipient agrees for itself, its successors, and assigns, to defend, indemnify, and Q hold harmless King County, its appointed and elected officials, and employees from and against liability for all claims, demands, suits, and judgments, including costs of defense thereof, for injury to persons, death, or property damage which is caused by, arises out of, or is incidental to any use of or occurrence on the Project that is the subject of this Agreement, or Grant Recipient's exercise of rights and privileges granted by this Packet Pg. 79 City of Kent—Salt Air Vista Park Renovation—6328750 Agreement, except to the extent of the County's sole negligence. Grant Recipient's obligations under this Section shall include: A. The duty to promptly accept tender of defense and provide defense to the County at the Grant Recipient's own expense; B. Indemnification of claims made by Grant Recipient's employees or agents; and C. Waiver of Grant Recipient's immunity under the industrial insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify King County, which a waiver has been mutually negotiated by the parties. N In the event it is necessary for the County to incur attorney's fees, legal expenses or other I= costs to enforce the provisions of this Section, all such fees, expenses and costs shall be a recoverable from the Grant Recipient. vn i In the event it is determined that RCW 4.24.115 applies to this Agreement, the Grant 3 Recipient agrees to protect, defend, indemnify and save the County, its officers, officials, a employees and agents from any and all claims, demands, suits, penalties, losses damages judgments, or costs of any kind whatsoever for bodily injury to persons or damage to property (hereinafter "claims"), arising out of or in any way resulting from the Grant r Recipient's officers, employees, agents and/or subcontractors of all tiers, acts or omissions, performance of failure to perform the rights and privileges granted under this v Agreement, to the maximum extent permitted by law or as defined by RCW 4.24.115, as now enacted or hereafter amended. a A hold harmless provision to protect King County similar to this provision shall be 'o included in all Agreements or subcontractor Agreements entered into by Grant Recipient v a� in conjunction with this Agreement. Grant Recipient's duties under this Section 21 = will survive the expiration or earlier termination of this Agreement. Y 00 22. NONDISCRIMINATION M King County Code ("KCC") chapters 12.16, through 12.19 apply to this Agreement and c are incorporated by this reference as if fully set forth herein. In all hiring or employment E made possible or resulting from this Agreement, there shall be no discrimination against i any employee or applicant for employment because of sex, race, color, marital status, 0 a national origin, religious affiliation, disability, sexual orientation, gender identity or c expression or age except minimum age and retirement provisions, unless based upon a bona fide occupational qualification. ; 23. POLITICAL ACTIVITY PROHIBITED z None of the funds, materials,property, or services provided directly or indirectly under a this Agreement shall be used for any partisan political activity or to further the election or Q defeat of any candidate for public office. 24. PROJECT MAINTENANCE; EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP Packet Pg. 80 City of Kent—Salt Air Vista Park Renovation—6328750 A. As between the County and Grant Recipient, Grant Recipient shall be responsible to operate and maintain the completed Project at its own sole expense and risk. Grant Recipient shall maintain the completed Project in good working condition consistent with applicable standards and guidelines. Grant Recipient understands, acknowledges, and agrees that the County is not responsible to operate or to maintain the Project in any way. B. Grant Recipient shall be responsible for all property purchased pursuant to this Agreement, including the proper care and maintenance of any equipment. L C. Grant Recipient shall establish and maintain inventory records and transaction a. documents (purchase requisitions, packing slips, invoices, receipts) of equipment and y materials purchased with Grant Award Funds. > = Grant Recipient's duties under this Section 24 shall survive the expiration of this a Agreement. vn i 25. ASSIGNMENT Grant Recipient shall not assign any portion of rights and obligations under this a Agreement or transfer or assign any claim arising pursuant to this Agreement without the written consent of the County. Grant Recipient must seek such consent in writing not i c� less than fifteen (15) days prior to the date of any proposed assignment. 26. WAIVER OF BREACH OR DEFAULT Waiver of breach of any provision in this Agreement shall not be deemed to be a waiver Y L of any subsequent breach and shall not be construed to be a modification of the terms of a the Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. Waiver of any default shall not be deemed to c be a waiver of any subsequent defaults. c� a� 27. TAXES E Grant Recipient agrees to pay on a current basis all taxes or assessments levied on its ti activities and property, including, without limitation, any leasehold excise tax due under M RCW Chapter 82.29A; PROVIDED, however, that nothing contained herein will modify the right of the Grant Recipient to contest any such tax, and Grant Recipient shall not be E deemed to be in default as long as it will,in good faith,be contesting the validity or amount of any such taxes. a 28. WASHINGTON LAW CONTROLLING; WHERE ACTIONS BROUGHT c L This Agreement is made in and will be in accordance with the laws of the State of Washington, which will be controlling in any dispute that arises hereunder. Actions pertaining to this Agreement will be brought in King County Superior Court, King z County, Washington. 29. PUBLIC DOCUMENT a This Agreement will be considered a public document and will be available for inspection and copying by the public. 30. LEGAL RELATIONS Nothing contained herein will make, or be deemed to make, County and Grant Recipient a Packet Pg. 81 City of Kent—Salt Air Vista Park Renovation—6328750 partner of one another, and this Agreement will not be construed as creating a partnership or joint venture. Nothing in this Agreement will create, or be deemed to create, any right, duty or obligation in any person or entity not a party to it. 31. PERMITS AND LICENSES Grant Recipient shall develop and run the Project in accordance with all applicable laws and regulatory requirements including environmental considerations, permitting determinations, and other legal requirements. All activities and improvements shall be performed by Grant Recipient at its sole expense and liability. Grant Recipient shall, at a its sole cost and expense, apply for,obtain and comply with all necessary permits, licenses y and approvals required for the Project. > L 32. INTERPRETATION OF COUNTY RULES AND REGULATIONS a If there is any question regarding the interpretation of any County rule or regulation, the N County decision will govern and will be binding upon the Grant Recipient. 33. ENTIRE AGREEMENT a This Agreement, including its attachments, constitutes the entire Agreement between the i County and Grant Recipient. It supersedes all other agreements and understandings between them, whether written, oral or otherwise. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the first date L written. a City of Kent King County c c.� By ' By c Y Title Title ti M Date Date c as E d L a 'L^ ' V Cd G V a Packet Pg. 82 City of Kent—Salt Air Vista Park Renovation—6328750 EXHIBIT A—MAP OF FACILITY AND LOCATION �aR ........ R�E a R_=TaF g > t) L 3 a c V .Q PARK SITE PLAN & TRAIL NODES m AIRPARK y `�KENT SALT VISTA Y L a P�A��R wsH.,�RE�K�gN r c t 00 m L � r PLAYGROUND OPTION A 11Tn F SALT Q ETA r , . XLY 2020 Packet Pg. 83 4.F.a City of Kent—Salt Air Vista Park Renovation—6328750 EXHIBIT B—SCOPE OF WORK LQ King County FARM YourftBaekyard L a L Levy Grant a Capital and Open Space Grants v) Scope of Services 3 a c L This project will update this neighborhood park with an all new playground, add swings, and 0 improve neighborhood connections. a U N Y Activities/Milestones Estimated a Completion Deliverables r Date 1 Installation of playground equipment and surface 11/1/2022 100% bid plans v 2 Construction of improvements 11/1/2022 = 3 Construction of hardscape and site furnishings 11/1/2022 1 00 M r C E N N L Q /L^ V r E V r a Packet Pg. 84 4.F.a City of Kent—Salt Air Vista Park Renovation—6328750 EXHIBIT C —PROJECT BUDGET Organization and Project Name: City of Kent- Salt Air Vista Park Renovation Project Tasks Project Costs Grant Request L Planning / Design / Permits Planning and design $200,000 > L Permits $30,000 Q U) i Construction / Installation / Materials 3 Playground Equipment $225,000 $183,500 a c Playground Surfacing $50,000 $30,000 0 Landscape Improvements $50,000 $77,950 a Stormwater Improvements $175,000 $6,550 y L Hardscape and Site Furnishings $75,000 $40,000 a Trail Improvements $40,000 3 0 U c Y co M r C E N N Other a Contingency L Tax $62,115 r c as Project Management (Max 15% of grant) E r a TOTALS $907,115 $338,000 Packet Pg. 85 City of Kent—Salt Air Vista Park Renovation—6328750 EXHIBIT D—INSURANCE REQUIREMENTS 1. Insurance Requirements 1. Grant Recipient shall purchase and maintain, at its sole cost and expense, the minimum insurance set forth below. By requiring such minimum insurance, the L County does not and shall not be deemed or construed to have assessed the risks that a may be applicable to Grant Recipient, or any Contractor under this Agreement, or in y any way limit the County's potential recovery to insurance limits required '> hereunder. To the contrary, this Agreement's insurance requirements may not in any a way be construed as limiting any potential liability to the County or the County's potential recovery from Grant Recipient. Grant Recipient and any Contractor shall N i assess their own risks and if they deem appropriate and/or prudent, maintain greater -a limits and/or broader coverage. 3 a 2. Nothing contained within these insurance requirements shall be deemed to limit i the scope, application and/or limits of the coverage afforded, which coverage shall apply to each insured to the full extent provided by the terms and conditions of the policy(s). Nothing contained within this provision shall affect and/or alter the v application of any other provision contained within this Agreement. L 3. Each insurance policy shall be written on an"occurrence"basis; excepting insurance for Professional Liability (Errors and Omissions), and/or Pollution Liability, and/or Cyber Liability(Technology Errors and Omissions). These C c.� coverages required by this Agreement may be written on a"claims made"basis. Y If coverage is approved and purchased on a"claims made"basis, the coverage provided under that insurance shall be maintained through: (i) consecutive policy M renewals for not less than three (3) years from the date of completion of the Project which is subject of this Agreement or, if such renewals are unavailable, (ii)the purchase of a tail/extended reporting period for not less than three (3)years from the date of completion of the Project which is the subject of this Agreement. a 2. Evidence and Cancellation of Insurance 1. Upon execution of the Agreement, and within thirty (30) days of request by the c� County, Grant Recipient shall furnish the County certificates of insurance and endorsements certifying the issuance of all insurance required by this Agreement. All evidence of insurance shall be signed by a properly authorized officer, agent, general agent, or qualified representative to the insurer(s), shall certify the name of the Q insured(s), the type and amount of insurance, the location and operations to which the insurance applies, the inception and expiration dates, shall specify the form numbers of any endorsements issued to satisfy this Agreement's insurance requirements, and shall state that the County shall receive notice at least thirty(30) days prior to the effective date of any cancellation, lapse, or material change in the policy(s). Similar Packet Pg. 86 City of Kent—Salt Air Vista Park Renovation—6328750 documentation confirming renewal of required insurance shall be provided on each insurance renewal date. 2. The County reserves the right to require complete, certified copies of all required insurance policies, including all endorsements and riders, which may be redacted of any confidential or proprietary information. Grant Recipient shall deliver such policies to the County within five (5) business days of County's request. 3. County's receipt or acceptance of Grant Recipient's or any Contractor's evidence of insurance at any time without comment or objection, or County's failure to request certified copies of such insurance, does not waive, alter, modify, or invalidate any of a. M the insurance requirements set forth in this Exhibit D or, consequently, constitute the y County's acceptance of the adequacy of Grant Recipient's or any Contractor's insurance or preclude or prevent any action by County against Grant Recipient for a breach of the requirements of this section. N i 3. Minimum Scope and Limits of Insurance 3 1. Grant Recipient shall maintain the following types of insurance and minimum insurance limits: 1. Commercial General Liability: $2,000,000 per occurrence and $4,000,000 in the aggregate for bodily injury, personal and advertising injury, and property a damage. Coverage shall be at least as broad as that afforded under ISO form v number CG 00 01. Such insurance shall include coverage for,but not limited to Y premises liability,products and completed operations, ongoing operations, and a contractual liability. Limits may be satisfied by a single primary limit or by a combination of separate primary and umbrella or excess liability policies, c provided that coverage under the latter shall be at least as broad as that afforded c� under the primary policy and satisfy all other requirements applicable to liability insurance including but not limited to additional insured status for the County. Y a. A per project aggregate endorsement shall apply to the ti General Liability policy. M 2. Automobile Liability: $1,000,000 combined single limit per accident for c bodily injury and property damage. Coverage shall be at least as broad as that E afforded under ISO form number CA 00 01 covering BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the combination of symbols 2, 8, and 9. a Limits may be satisfied by a single primary limit or by a combination of separate primary and umbrella or excess liability policies, provided that coverage under the latter shall be at least as broad as that afforded under the primary policy. ; a� 3. Workers Compensation: Workers Compensation coverage, as required by z the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this Project by applicable Federal or"Other States" State Q Law. 4. Employers Liability or"Stop Gap" coverage: $1,000,000 each occurrence and shall be at least as broad as the protection provided by the Workers Compensation policy Part 2 (Employers Liability), or, in monopolistic states Packet Pg. 87 City of Kent—Salt Air Vista Park Renovation—6328750 including but not limited to Washington, the protection provided by the "Stop Gap" endorsement to the commercial general liability policy. 5. Builder's Risk/Installation Floater Insurance: Grant Recipient or its Contractor(s) shall procure and maintain prior to and for the duration of the construction phase of the Project, "All Risk"Builder's Risk insurance or Installation Floater insurance at least as broad as ISO form number CP0020 (Builder's Risk Coverage Form)with ISO form number CP0020 (Causes of Loss — Special Form). The coverage shall insure for direct physical loss to property of a the entire term of the Project, for 100% of the replacement value and include y coverage for flood and earthquake. Policy shall include a waiver of subrogation in favor of Grant Recipient and King County. a Cn 4. Other Insurance Provisions and Requirements i 1. All insurance policies purchased and maintained by Grant Recipient and any E Contractor required in this Agreement shall contain, or be endorsed to contain the a following provisions: 1. With respect to all liability policies except Professional Liability (Errors and Omissions) and Workers Compensation: 1. King County, its officials, employees and agents shall be covered as a additional insured for full coverage and policy limits as respects liability v arising out of activities performed by or on behalf of the Grant Recipient, its Y agents, representatives, employees, or Contractor(s) in connection with this a Agreement. Additional Insured status shall include products-completed operations CG 20 100 11/85 or its substantive equivalent. The County c requires the endorsement(s)to complete the Agreement. c� 2. With respect to all liability policies (except Workers Compensation): 1. Coverage shall be primary insurance as respects the County, its officials, Y employees and agents. Any insurance and/or self-insurance maintained by the ti County, its officials, employees or agents shall not contribute with any [Grant M Recipient's], or Contractor(s) insurance or benefit the Grant Recipient, or any c Contractor, or their respective insurers in any way. 2. Insurance shall expressly state that it applies separately to each insured and additional insured against whom a claim is made and/or lawsuit is a brought, except with respect to the limits of insurer's liability. L 5. Waiver of Subrogation 1. Grant Recipient, its Contractor(s), and their respective insurance carriers release and waive all rights of subrogation against King County, its officials, agents and employees for damages caused by fire or other perils which can be insured by a property insurance policy. This provision shall be valid and enforceable only to the Q extent permissible by the applicable property insurance policies. 6. Deductibles/Self-Insured Retentions 1. Any deductible and/or self-insured retention of the policies shall not in any way limit the County's right to coverage under the required insurance, or to Grant Packet Pg. 88 City of Kent—Salt Air Vista Park Renovation—6328750 Recipient's, or any Contractor's liability to the County, and shall in all instances be the sole responsibility of Grant Recipient or its Contractor, even if no claim has been made or asserted against them. 7. Acceptability of Insurers 1. Unless otherwise approved by the County, insurance is to be placed with insurers with an A.M. Best rating of no less than A:VIII. 2. Professional Liability (Errors and Omissions) insurance may be placed with insurers with an A.M. Best rating of no less than B+:VII. a M 3. If at any time any of the foregoing policies fail to meet the above stated y requirements, Grant Recipient shall,upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with the a appropriate certificates and endorsements, for review. rn 1 8. Self-Insurance E 1. If the Grant Recipient is a governmental entity or municipal corporation, Grant a Recipient may maintain a fully funded self-insurance program or participate in an insurance pool for the protection and handling of its liabilities including injuries to persons and damage to property. r 9. Contractors 1. Grant Recipient shall include all Contractors as insureds under its policies or, Y alternatively, Grant Recipient must require each of its Contractors to procure and a maintain appropriate and reasonable insurance coverage and insurance limits to cover each of the Contractor's liabilities given the scope of work and services being c provided herein. To the extent reasonably commercially available, insurance c� maintained by any Contractor must comply with the specified requirements of this Exhibit D, including the requirement that all liability insurance policies (except Y Professional Liability and Workers Compensation)provided by the Contractor(s) ti must include the County, its officials, agents and employees as additional insured for M full coverage and policy limits. Grant Recipient is obligated to require and verify that each Contractor(s) to maintain the required insurance and ensure the County is included as additional insured. Upon request by the County, and within five (5) business days, Grant Recipient must provide evidence of each Contractor(s) insurance a coverage, including endorsements. c L 10. Work Site Safety 1. Grant Recipient shall have the "right to control" and bear the sole responsibility for the job site conditions, and job site safety. Grant Recipient shall comply with all z applicable federal, state and local safety regulations governing the job site, employees, and Contractors. Q Packet Pg. 89 City of Kent—Salt Air Vista Park Renovation—6328750 EXHIBIT E—NOTICE OF GRANT Upon Recording Return To: King County Department of Natural Resources and Parks Parks and Recreation Division 201 S Jackson Street, KSC-NR-5702 Seattle, WA 98104-3855 L a cW Document Title: I M Reference No. of Related Document: L Legal Description: a Assessor's Parcel No.: rn i NOTICE OF GRANT 3 a This Notice of Grant is effective as of the day of , 202_, and is made and executed by the Parks Capital and Open Space Grant recipient, the City of Kent and King County(the "County"), a political subdivision of the State of Washington. r The City is the owner of the in King County, State of Washington(the "Property"), legally v described and attached hereto in Exhibit A. a Pursuant to a Parks Capital and Open Space Grant Agreement, between the King County and the City, dated ("Grant Agreement"), attached hereto as Exhibit B, the City has 'o constructed a Facility Improvement to the"Facility" on the Property for the purpose of providing recreation for the public. A map of the Property and Facility is attached hereto as Exhibit C. E The City hereby agrees to be bound by the terms of the Grant Agreement including the Lo obligation to ensure public access to the Facility. c IN WITNESS WHEREOF, the City and King County have executed this Notice of Grant on the E date set forth above. a _ City of Kent KING COUNTY By: By: E z Name: Name: a Its: Its: Packet Pg. 90 City of Kent—Salt Air Vista Park Renovation—6328750 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me,and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of the CITY OF KENT to be the free and voluntary act of such party for the uses and purposes mentioned a in the instrument. co N L_ Dated: a Cn i L 3 NOTARY PUBLIC a c c� Print Name: My Commission Expires: v L a STATE OF WASHINGTON ) C) ss. c COUNTY OF KING ) 1 Lo ti I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of E KING COUNTY, a political subdivision of the State of Washington,to be the free and voluntary act of i such party for the uses and purposes mentioned in the instrument. a _ Dated: L m E z c� NOTARY PUBLIC a Print Name: My Commission Expires: Packet Pg. 91 City of Kent—Salt Air Vista Park Renovation—6328750 NOTICE OF GRANT EXHIBIT A- LEGAL DESCRIPTION Y L a c� N L_ a Cn L 3 a _ L V L a 0 c.� a� c Y 00 ti M _ N N L a _ 'L^ V _ Cd G V a Packet Pg. 92 City of Kent—Salt Air Vista Park Renovation—6328750 NOTICE OF GRANT EXHIBIT B - GRANT AGREEMENT Y L IL m N L_ a Cn L 3 a _ L V L a 0 c.� a� c Y 00 ti M _ N N L a _ 'L^ V _ Cd G V a Packet Pg. 93 City of Kent—Salt Air Vista Park Renovation—6328750 NOTICE OF GRANT EXHIBIT C - PROPERTY AND FACILITY MAP Y L a c� N L_ a Cn L 3 a _ L V L a 0 c.� a� c Y 00 ti M _ N N L a _ 'L^ V _ Cd G V a Packet Pg. 94 4.G PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE Parks Director 220 Fourth Avenue South KENT Kent, WA 98032 W A S H i N G T O N 253-856-5100 DATE: March 2, 2023 TO: Parks and Human Services Committee SUBJECT: King County Parks Capital and Open Space Program - Capital Project Grant Agreement (Regional Trails Enhancement Project) - Authorize MOTION: I move to accept grant funds in the amount of $206,437.00 from the King County Parks Capital and Open Space Program for the Regional Trails Enhancement Project, amend the budget, authorize expenditure of funds, and authorize the Mayor to sign all necessary agreements and other documents, subject to terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: During 2022 the parks planning division applied for a capital grant from the King County Parks Capital and Open Space Program for the Regional Trails Enhancement Project. The county awarded us $206,437 for this project. BUDGET IMPACT: Parks Capital Budget SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Grant Agreement (DOCX) Packet Pg. 95 City of Kent—Regional Trails Enhancements—6328753 King County PARKS CAPITAL AND OPEN SPACE PROGRAM CAPITAL PROJECT GRANT AGREEMENT v, c as E Department/Division: Natural Resources and Parks / Parks and Recreation Grant Recipient: City of Kent w Project: Regional Trails Enhancements L Award Amount: $206,437.00 Project#: 1144509 Contract#: 6328753 0 Term Period: To November 30,2025 i L THIS AGREEMENT is a grant agreement entered into between City of Kent (the "Grant a Recipient") and King County (the "County") (collectively the "Parties") for an active recreation, passive recreation, local trail, or other capital project in a park or recreational facility using a Parks Capital and Open Space Program grant. RECITALS v A. Ordinance 18890, which took effect May 13, 2019, called for a special election to a authorize the King County parks, recreation trails and open space levy. On August 6, 2019, King County voters approved the levy, which included funding for capital projects for active and passive recreation, local trails, or capital projects in parks and recreation 0 facilities in order to construct new and improve existing recreation facilities to address the pressures of rapid growth in King County. Y ti B. Motion 15378, Section A.I., and Attachment A, further delineated the use of levy funds M for the Parks Capital and Open Space Grants Program and the guidelines governing that c use. as as C. Ordinance 19166, Attachment A established the grant award criteria and the process for a the distribution of Parks Capital and Open Space Grants as well as the proposed composition of an advisory committee to review and make recommendations on the grant awards. c d D. King County, a home rule charter county and political subdivision of the State of E Washington, is authorized to administer the Parks Capital and Open Space Grant Program and enter into agreements for the use of the grant funds with King County a towns, cities, or metropolitan parks districts for capital projects for active and passive recreation, local trails, or capital projects in parks and recreation facilities. Packet Pg. 96 City of Kent—Regional Trails Enhancements—6328753 E. Grant Recipient is a City. F. The Parks Capital and Open Space Grant Program Advisory Committee has recommended an allocation of levy grant funds to specific projects,pursuant to Ordinance 19433. N r C G. King County has selected Grant Recipient to receive a Parks Capital and Open Space Grant award in the amount of$206,437.00 ("Grant Award Funds") in order to design, develop, construct, improve, or repair the Project described below and in the attached exhibits. w N NOW THEREFORE, in consideration of the promises, covenants, and other provisions set forth L- in this Agreement, the Parties agree as follows: c 0 GRANT AWARD TERMS AND CONDITIONS i 1. DEFINITIONS -� 1.1 Project. a The term"Project"means the design, development and construction of the Facility 2- described in Exhibit A. Grant Award Funds available pursuant to this Agreement may 0 only be used for the Project. To complete the Project, Grant Recipient shall use the Grant Award Funds to design, develop, and construct the Facility, as set forth in Exhibit B, consistent with the requirements set forth in this Agreement and in the following attached y exhibits, which are incorporated herein by reference: a ® Map of Facility and Location Attached hereto as Exhibit A c 0 ® Scope of Work Attached hereto as Exhibit B c ® Project Budget Attached hereto as Exhibit C Y ® Insurance Requirements Attached hereto as Exhibit D M ® Notice of Grant Attached hereto as Exhibit E E as as L 1.2 Map of Facility and Location. This Agreement applies to the Project to improve the a park and recreational facility ("Facility") which is located at: L 25900 74th AVE S, KENT,WA. 98032 c d See Exhibit A for a depiction of the Facility and a map of specific Facility location and E boundaries. 1.3 Scope of Work. Grant Recipient shall provide a scope of work("Scope of Work"), a attached hereto as Exhibit B,which describes the Project in detail and includes a description of the various design, development,permitting, and construction milestones required for completion of the Project and intended use of the Grant Packet Pg. 97 City of Kent—Regional Trails Enhancements—6328753 Award Funds. Grant Recipient shall apply the funds received from the County for the Project under this Agreement in accordance with the Scope of Work, attached hereto as Exhibit B. 1.4 Project Budget. Grant Recipient shall work with King County to develop a Project Budget, attached hereto as Exhibit C. King County shall provide the Grant Award Funds to the Grant Recipient to pay for costs and expenditures related to the a Project, as set forth in Exhibits B and C. Grant Award Funds provided to Grant Recipient may only be used to pay for costs and expenditures related to the Project, as set forth in Exhibits B and C. w 1.5 Contractor. Contractor shall include any contractor or consultant hired by Grant w Recipient, including any of the contractor's or consultant's subcontractors or subconsultants. c 2. EFFECTIVE DATE •0 as The Agreement shall be effective upon signature by both Parties ("Effective Date"). i 3. TERM E. The term ("Term") of this Agreement shall begin on the Effective Date and end on a November 30, 2025. This Agreement shall remain in effect until such time as it is amended in writing or terminated as provided herein. c� 4. AMENDMENTS a This Agreement together with the attached exhibits expressly incorporated herein by v reference and attached hereto shall constitute the whole Agreement between the Parties. This Agreement may be amended only by an instrument, in writing, duly executed by the a Parties.Either party may request changes to this Agreement,however,changes that deviate substantially from the proposal submitted to and approved by the Advisory Committee and 'o the King County Council will need to be approved by those entities. a� c 5. NOTICES Y Unless otherwise specified in the Agreement, all notices or documentation required or provided pursuant to this Agreement shall be in electronic form and shall be deemed duly given when received at the addresses first set forth below via electronic mail. a� KING COUNTY City of Kent E Rusty Milholland Bryan Higgins a, Program Manager, Community a Investments Parks Capital Project Manager i King County Parks City of Kent r 201 S Jackson Street Suite #5702 220 4th Ave. S Seattle, WA 98104 Kent, WA. 98032 z 206-848-0299 253-856-5113 0 rmilholland@kingcounty.gov bhiggins@kentwa.gov a Either Party hereto may, at any time, by giving ten(10) days written notice to the other Party to designate any other address in substitution of the foregoing address to which Packet Pg. 98 City of Kent—Regional Trails Enhancements—6328753 such notice or communication shall be given. 6. DISBURSEMENT OF GRANT FUNDS 6.1 The County may authorize, at County's sole discretion, release of a portion of the Grant Award Funds to Grant Recipient, upon execution of this Agreement, and receipt of Grant Recipient's County-approved completed Scope of Work and Project Budget(see Section 1 and Exhibits B and Q. E as 6.2 The County shall initiate authorization for payment and disbursement of Grant Award Funds after approval of sufficiently detailed Project-related invoices submitted by Grant Recipient. The County shall make payment to Grant w Recipient not more than thirty(30) days after a complete and accurate invoice and any other required documentation is received and approved. 6.3 Grant Recipient shall submit the final invoice, supporting documentation and any c outstanding deliverables, as specified in the Scope of Work(Exhibit B) and as Project Budget (Exhibit C), within thirty(30) days of the date this Agreement i expires or is terminated. If the Grant Recipient's final invoice, supporting •a documentation and reports are not submitted by the day specified in this 3 subsection, the County will be relieved of all liability for payment to Grant a Recipient of the amounts set forth in said invoice or any subsequent invoice. 2 7. GRANT REPORTING All Grant Award Funds received pursuant to this Agreement and accrued interest therefrom will be accounted for separately from all other Grant Recipient accounts and y moneys. Until the Project is completed, and all proceeds provided pursuant to this Agreement have been expended, the Grant Recipient shall provide reports to the King a County Project Manager on a schedule determined by the County. 8. COMPLETION OF THE PROJECT ci a� Grant Recipient shall complete the Project described in Section 1.1 and Exhibits A,B Y and C of this Agreement. If Grant Recipient cannot complete the Project, as specified by the Scope of Work and deliverables set forth in Exhibit B, the County shall be released from any obligation to fund the Project, and the County in its sole discretion may reallocate such funds for other projects in other jurisdictions. Pursuant to Section 19, Termination, this Agreement will be terminated if the Grant Recipient is unable or unwilling to expend the Grant Award Funds for the Project as a, provided in this Agreement. The Grant Recipient may not redirect Grant Award Funds a for a purpose other than completion of the Project as approved by the Advisory i Committee and King County Council. r 9. COMMUNICATION AND KING COUNTY MILESTONE NOTIFICATION Grant Recipient shall recognize County as a"grant sponsor" for the Project in the 0 following manner: a 9.1 Events: Grant Recipient shall invite and recognize "King County Parks" at all events promoting the Project, and at the final Project dedication. 9.2 Community Relations: Grant Recipient shall recognize "King County Parks" as a Packet Pg. 99 City of Kent—Regional Trails Enhancements—6328753 "grant sponsor" in all social media, websites, brochures, banners,posters,press releases, and other promotional material related to the Project. 9.3 King County Parks Notification: Grant Recipient shall notify the King County Parks Project Manager 30 days prior to any major milestone, such as a groundbreaking or opening dates. as E 9.4 King County Council Notification: If Grant Recipient is a city or town notification to the King County Council 30 days prior to any major milestone, such as a groundbreaking or opening dates is, required. w N 9.5 Si naaL: Grant Recipient shall recognize "King County Parks" on any signage as a funder/contributor of project/facility. Grant Recipient is required to use ~ appropriate King County logo on any signage and communications. c 10. DISPOSITION OF REMAINING GRANT AWARD FUNDS a i If Grant Recipient does not expend all proceeds obligated to be provided through this Agreement, such proceeds,if held by Grant Recipient, shall be refunded to the County. For ; purposes of this section, "proceeds" shall include all Grant Award Funds obligated to be a provided by the County plus interest accrued by Grant Recipient on the grant funds. Any i proceeds in excess of those required to be provided by the County for the actual costs of the Project shall remain with the County for use in its sole discretion. ° a 11. PUBLIC ACCESS ci The Grant Award is provided to Grant Recipient for the Project for the purpose of land protection and recreation for the citizens of King County. Therefore, Grant Recipient and a any successor in interest agree to maintain the Facility for public use as required by Ordinances 18890 and 19166, and the Parks Capital and Open Space Grant program c0 requirements specified in Moton 15378. The Facility shall be open and accessible to the a� public at reasonable hours and times. Grant Recipient shall notify the public of the Y availability of use by posting and updating that information on its website and by maintaining at entrances and/or other locations openly visible signs with such M information. Fees for use of the Facility shall be no greater than those generally charged by public operators of similar facilities in King County. E Notwithstanding temporary closure for required maintenance or repairs, the minimum period of time Grant Recipient must ensure the Project is available for public use is thirty a (30)years. If the Facility is retired or otherwise removed from use before the end of the thirty-year period, then the Grant Recipient shall reimburse the Grant Award Funds to King County. Grant Recipient's duties under this Section 11 will survive the r expiration or earlier termination of this Agreement. E 12. NOTICE OF GRANT Upon completion of construction of the Facility, Grant Recipient shall record the a executed Notice of Grant, attached hereto as Exhibit E. 13. CONSTRUCTION OF THE FACILITY Packet Pg. 100 City of Kent—Regional Trails Enhancements—6328753 13.1 Capital Improvements. Grant Recipient shall design, develop, and construct mutually agreed upon Facility, features, and amenities in accordance with all applicable design(s), timelines, restrictions, environmental considerations, permitting determinations, neighborhood impact mitigations, and all other requirements in coordination with King County Parks staff. All contracted work by Grant Recipient, its agents, a representatives, or subcontractors, shall be bonded and properly insured to ensure the complete and safe design and construction of all facilities, features, and amenities. As between Grant Recipient and King County, Grant Recipient will be solely responsible to comply with all applicable authorities and to obtain all w N necessary permits, approvals, and endorsements for the Project. L 13.2 Warranties. c With respect to all warranties, express or implied, for work performed or ° materials supplied in connection with the Project, Grant Recipient shall: i • Obtain all warranties, express or implied, that would be given in normal -a commercial practice from suppliers, manufacturers, contractors or installers; 3 • Require all warranties be executed, in writing; a • Be responsible to enforce any warranty of a contractor, subcontractor, 2 manufacturer, or supplier. If, within an applicable warranty period, any part of the Facility or work performed to construct the Facility is found not to conform to specifications, c� permit requirements, or industry standard, Grant Recipient shall correct it i promptly. a 13.3 Right to Inspect- Construction. King County personnel or agents may inspect the construction project at any time L) provided that such persons observe due regard for workplace safety and security. c King County may require Grant Recipient or its contractors to stop work if King Y County deems work stoppage necessary to remedy construction defects or to address risks to health, safety, or welfare. Grant Recipient specifically understands, acknowledges, and agrees that at a minimum, King County will inspect the Facility construction project before final completion of the Project. E as 13.4 Design. Grant Recipient has retained a licensed architect and/or licensed professional a engineer, registered in the State of Washington, who will prepare a Project design for the Facility and exterior landscaping, which visually blends with the setting. King County shall review the design plans for the Project in concept and reserves the right to approve the final design of the Project, consistent with established zoning, design code, or both. 13.5 Construction Site/Work Fencing. a Grant Recipient will be solely responsible for the site work, required permits, and grading for the Project. Grant Recipient will ensure the work area is properly Packet Pg. 101 City of Kent—Regional Trails Enhancements—6328753 barricaded, and will ensure that signage is installed, directing unauthorized persons not to enter onto the construction site during any phase of development or construction. Unless otherwise agreed by the Parties in writing, fencing will be placed around work areas. In addition, construction areas will be kept clean and organized during development periods. Grant Recipient will be responsible for site security, traffic, and pedestrian warnings at the site during the development and construction phases. c as 13.6 Alteration of Site or Facility after Construction. After the Facility is completed and accepted by Grant Recipient and King County as defined herein, Grant Recipient will not make any material alteration to the Facility, w outside of maintenance without express, written consent by King County. King w County's consent shall not be unreasonably withheld. 13.7 Development and Construction Fees and Expenses. 0 Grant Recipient will be responsible to obtain and pay for all necessary permits, fees, and expenses associated with the Project. i 13.8 Public Works Laws. To the extent applicable, Grant Recipient will comply with all public works laws, a regulations, and ordinances, including but not limited to those related to prevailing wages (see RCW 39.12), retainage (see RCW 60.28),bonding (see RCW 39.08), use of c� licensed contractors (see RCW 39.06), and competitive bidding (see RCW 36.32 and RCW 35.21.278). Grant Recipient will indemnify and defend King County should it be sued or made the subject of an administrative investigation or hearing for a violation of y such laws, regulations, and ordinances in connection with the improvements. 13.9 Contractor Indemnification and Hold Harmless. >, c Grant Recipient will require its construction contractors and subcontractors to defend, 'o indemnify, and hold King County, its officers, officials, employees, and volunteers U harmless from any and all claims, injuries, damages, losses, or suits including attorney's fees and costs, arising out of or in connection with the design, development, and Y construction of the Facility(hereinafter "Design and Construction Phase"), except for injuries and damages caused by the negligence of King County. 13.1 OMinimum Scope and Limits of Insurance. E Grant Recipient shall maintain, and/or require its Contractor(s)to maintain the i minimum scope and limits of insurance as required in Exhibit D—Insurance a' a Requirements. c 14. INTERNAL CONTROL AND ACCOUNTING SYSTEM c� r Grant Recipient shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and E governmental accounting and financial reporting standards in accordance with Revised Code of Washington (RCW) Chapter 40.14. a Packet Pg. 102 City of Kent—Regional Trails Enhancements—6328753 15. MAINTENANCE OF RECORDS 15.1 Grant Recipient shall maintain accounts and records, including personnel, property, financial, Project records, including Agreement deliverables, and other such records as may be deemed necessary by the County to ensure proper accounting for all Grant Award Funds and compliance with this Agreement. c 15.2 These records shall be maintained for a period of six (6) years after the expiration or earlier termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with RCW Chapter 40.14. c 15.3 Grant Recipient shall inform the County in writing of the location, if different from w the Grant Recipient address listed in Section 5 of this Agreement of the aforesaid books, records, documents, and other evidence and shall notify the County in writing of any changes in location within ten (10) working days of any such relocation. 0 16. RIGHT TO INSPECT King County reserves the right to review and approve the performance of Grant Recipient i with regard to this Agreement, and, at its sole discretion, to inspect or audit the Grant E. Recipient's records regarding this Agreement and the Project upon seventy-two(72)hours' a notice during normal business hours. 17. COMPLIANCE WITH ALL LAWS AND REGULATIONS c� Grant Recipient shall comply with all applicable laws, ordinances and regulations in a using funds provided by the County, including, without limitation,those relating to v providing a safe working environment to employees and, specifically, the requirements of the Washington Industrial Safety and Health Act(WISHA); and, to the extent applicable, a those related to "public works,"payment of prevailing wages, and competitive bidding of contracts. The Grant Recipient specifically agrees to comply and pay all costs associated with achieving such compliance without notice from King County; and further agrees that 0 King County, does not waive this Section by giving notice of demand for compliance in tM c any instance. The Grant Recipient shall indemnify and defend the County should it be Y sued or made the subject of an administrative investigation or hearing for a violation of such laws related to this Agreement. M 18. CORRECTIVE ACTION c a� 18.1 If the County determines that a breach of contract has occurred or does not approve of the Grant Recipient's performance, it will give the Grant Recipient a, written notification of unacceptable performance. Grant Recipient will then take a corrective action within a reasonable period of time, as may be defined by King i County in its sole discretion in its written notification to Grant Recipient. r 18.2 King County may withhold any payment owed Grant Recipient until the County is satisfied that corrective action has been taken or completed. 19. TERMINATION a 19.1 King County may terminate this Agreement in whole or in part, with or without cause, at any time during the Term of this Agreement, by providing Grant Recipient ten(10) days advance written notice of the termination. Packet Pg. 103 City of Kent—Regional Trails Enhancements—6328753 19.2 If the termination results from acts or omissions of Grant Recipient, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, Grant Recipient shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to Grant Recipient by the County. N r 19.3 Any King County obligations under this Agreement beyond the current appropriation biennium are conditioned upon the County Council's appropriation of sufficient funds to support such obligations. If the Council does not approve such appropriation, then this Agreement will terminate automatically at the close of the current appropriation biennium. w N 19.4 The Agreement will be terminated if the Grant Recipient is unable or unwilling to expend the Grant Award Funds as specified in Section 1 and Exhibits B and C, or upon reimbursement by the Grant Recipient to the County of all unexpended c proceeds provided by the County pursuant to this Agreement and payment of all amounts due pursuant to Section 6. 20. FUTURE SUPPORT; UTILITIES AND SERVICE 3 The County makes no commitment to support the services contracted for herein and a assumes no obligation for future support of the activity contracted for herein except as 2 expressly set forth in this Agreement. Grant Recipient understands, acknowledges, and c� agrees that the County shall not be liable to pay for or to provide any utilities or services ° in connection with the Project contemplated herein. v 21. HOLD HARMLESS AND INDEMNIFICATION L Grant Recipient shall protect, indemnify, and save harmless the County, its officers, a agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) Grant Recipient's failure to pay any such 'o compensation, wages,benefits or taxes and/or(2) work services materials or supplies p � g � a� performed or provided by Grant Recipient's employees or other suppliers in connection Y with or support of the performance of this Agreement. Grant Recipient further agrees that it is financially responsible for and will repay the M County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Agreement by the Grant Recipient, its officers, employees, agents, representatives, or subcontractors. This duty to repay the County shall not be diminished or extinguished by a, the expiration or prior termination of the Agreement. a c Grant Recipient agrees for itself, its successors, and assigns, to defend, indemnify, and i c� hold harmless King County, its appointed and elected officials, and employees from and r against liability for all claims, demands, suits, and judgments, including costs of defense thereof, for injury to persons, death, or property damage which is caused by, arises out of, or is incidental to any use of or occurrence on the Project that is the subject of this 2 Agreement, or Grant Recipient's exercise of rights and privileges granted by this a Agreement, except to the extent of the County's sole negligence. Grant Recipient's obligations under this Section shall include: A. The duty to promptly accept tender of defense and provide defense to the County at Packet Pg. 104 City of Kent—Regional Trails Enhancements—6328753 the Grant Recipient's own expense; B. Indemnification of claims made by Grant Recipient's employees or agents; and C. Waiver of Grant Recipient's immunity under the industrial insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify King County, which waiver has been mutually negotiated by the parties. as E In the event it is necessary for the County to incur attorney's fees, legal expenses or other costs to enforce the provisions of this Section, all such fees, expenses and costs shall be recoverable from the Grant Recipient. w N In the event it is determined that RCW 4.24.115 applies to this Agreement, the Grant Recipient agrees to protect, defend, indemnify and save the County, its officers, officials, employees and agents from any and all claims, demands, suits,penalties, losses damages c judgments, or costs of any kind whatsoever for bodily injury to persons or damage to property(hereinafter "claims"), arising out of or in any way resulting from the Grant Recipient's officers, employees, agents and/or subcontractors of all tiers, acts or omissions, performance of failure to perform the rights and privileges granted under this ; Agreement, to the maximum extent permitted by law or as defined by RCW 4.24.115, as a now enacted or hereafter amended. v 'L^ V A hold harmless provision to protect King County similar to this provision shall be included in all Agreements or subcontractor Agreements entered into by Grant Recipient v in conjunction with this Agreement. Grant Recipient's duties under this Section 21 will survive the expiration or earlier termination of this Agreement. IL 22. NONDISCRIMINATION c King County Code ("KCC") chapters 12.16 through 12.19 apply to this Agreement and 0 are incorporated by this reference as if fully set forth herein. In all hiring or employment a, made possible or resulting from this Agreement, there shall be no discrimination against Y any employee or applicant for employment because of sex,race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except minimum age and retirement provisions, unless based upon a bona fide occupational qualification. 23. POLITICAL ACTIVITY PROHIBITED L None of the funds, materials,property, or services provided directly or indirectly under a this Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. r c d 24. PROJECT MAINTENANCE; EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP a A. As between the County and Grant Recipient, Grant Recipient shall be responsible to operate and maintain the completed Project at its own sole expense and risk. Grant Recipient shall maintain the completed Project in good working condition consistent with Packet Pg. 105 City of Kent—Regional Trails Enhancements—6328753 applicable standards and guidelines. Grant Recipient understands, acknowledges, and agrees that the County is not responsible to operate or to maintain the Project in any way. B. Grant Recipient shall be responsible for all property purchased pursuant to this Agreement, including the proper care and maintenance of any equipment. C. Grant Recipient shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment and E materials purchased with Grant Award Funds. Grant Recipient's duties under this Section 24 shall survive the expiration of this Agreement. w 25. ASSIGNMENT w Grant Recipient shall not assign any portion of rights and obligations under this Agreement or transfer or assign any claim arising pursuant to this Agreement without the written consent of the County. Grant Recipient must seek such consent in writing not c less than fifteen(15) days prior to the date of any proposed assignment. 26. WAIVER OF BREACH OR DEFAULT L Waiver of breach of any provision in this Agreement shall not be deemed to be a waiver a of any subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the County, which 2 shall be attached to the original Agreement. Waiver of any default shall not be deemed to be a waiver of any subsequent defaults. a 27. TAXES v Grant Recipient agrees to pay on a current basis all taxes or assessments levied on its activities and property, including, without limitation, any leasehold excise tax due under . RCW Chapter 82.29A; PROVIDED, however, that nothing contained herein will modify the right of the Grant Recipient to contest any such tax, and Grant Recipient shall not be c0 deemed to be in default as long as it will,in good faith,be contesting the validity or amount of any such taxes. Y 28. WASHINGTON LAW CONTROLLING; WHERE ACTIONS BROUGHT This Agreement is made in and will be in accordance with the laws of the State of Washington, which will be controlling in any dispute that arises hereunder. Actions pertaining to this Agreement will be brought in King County Superior Court, King E County, Washington. 29. PUBLIC DOCUMENT a c This Agreement will be considered a public document and will be available for inspection and copying by the public. d 30. LEGAL RELATIONS z Nothing contained herein will make, or be deemed to make, County and Grant Recipient a partner of one another, and this Agreement will not be construed as creating a partnership a or joint venture. Nothing in this Agreement will create, or be deemed to create, any right, duty or obligation in any person or entity not a party to it. 31. PERMITS AND LICENSES Packet Pg. 106 City of Kent—Regional Trails Enhancements—6328753 Grant Recipient shall develop and run the Project in accordance with all applicable laws and regulatory requirements including environmental considerations, permitting determinations, and other legal requirements. All activities and improvements shall be performed by Grant Recipient at its sole expense and liability. Grant Recipient shall, at its sole cost and expense, apply for,obtain and comply with all necessary permits, licenses and approvals required for the Project. c as 32. INTERPRETATION OF COUNTY RULES AND REGULATIONS If there is any question regarding the interpretation of any County rule or regulation, the County decision will govern and will be binding upon the Grant Recipient. w 33. ENTIRE AGREEMENT L This Agreement, including its attachments, constitutes the entire Agreement between the ~ County and Grant Recipient. It supersedes all other agreements and understandings c between them, whether written, oral or otherwise. i IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the first date written. 3 a c City of Kent King County c� BY By a Title Title L a Date Date c 0 U c Y as ti v M a+ C N L Q /L^ V Cd G V Q Packet Pg. 107 4.G.a City of Kent—Regional Trails Enhancements—6328753 EXHIBIT A- MAP OF FACILITY AND LOCATON Number Proposed Proposed $°+T' Location Amenities h l - Briscoe Park Park rn r Furnishings, m Signage E -ee Friends Kask, Park 1 rlshing Hole Furnishings t Frager Road Kiosk, Park w 2 Bridge Furnishings, rn Signage, Y _ _ Drinking � I.. Fountain 4 68th Ave S Kiosk o ,.1.k.. Parking Lot •�;w"4 a um,'.[Hie 5 Russell Kiosk, Park } Woods Park Furnishings, i Signage M F v '6 Neely) Park Q Soorne$ Furnishings, +. Homestead Signage 7 Meeker Kiosk, 0 3 Street Signage �a Parking Lct Q { $ Ethos Park U t t .•, Apartments Furnishings, .� Signage ry — a O 4 L x rp .,vrt[s, — I enr•F= 2 y xr ZW1h Y m � •-o.•b .'.5ni•i.c, EB�ih'8i iE t U•d.. i v s 3 Y4fn1 WIN e.. i a cFab aI `#:751h .. MIrT• L �Lh V 1 } _ - ENT war, iiuGT�w r Cuuidy of IGig.2weai?Vf Land Mbndger.eA ES+i CarlddaJS06 FIMF, _ Cidlinin INCRIMEh%T P,Irdeiinnp,USCS,WET11NASA,$PIS LISDA 0 0_5 1 Miles r Packet Pg. 108 4.G.a City of Kent—Regional Trails Enhancements—6328753 EXHIBIT B—SCOPE OF WORK kg King County c m m c Yaurftfte yard c w A LL r Levy Grant o Capital and Open Space Grants Scope of Services u 3 Q c The City of Kent will replace and improve informational and wayfinding signage on Kent Regional Trails, including the Green River Trail. The trail junction at the intersection of the PSE and Green River Trails will be improved with amenities for trail users. . U N Activities/Milestones Estimated a Completion Deliverables Date 0 1 Installation of trail kiosks May 2025 Final Report v 2 Installation of way finding signage May 2025 Installation of park furnishings/benches and trash 1 3 cans May 2025 Development of new junction at Green River and 4 PSE trail May 2025 m E a� a� L Q /L^ V r E V Q Packet Pg. 109 4.G.a City of Kent—Regional Trails Enhancements—6328753 EXHIBIT C —PROJECT BUDGET Organization and Project Name: City of Kent- Regional Trails Enhancements Project Tasks Project Costs Grant E Request c Planning / Design / Permits z c w Planning support $10,000 LL r Construction / Installation / Materials i Kiosk Purchase and Install at 7 locations $175,000 $87,500 L Purchase and install way finding signage $50,000 $25,000 a c Purchase and Install Park Furnishings/ Benches $75,000 $37,500 t9 and Trash Cans New trail junction at Green River and PSE trail. $75,000 $37,500 U N L a c 0 U c Y as M a+ C d E Other a L Contingency a c Tax $37,875 $18,937 c� Project Management (Max 15% of grant) c as E TOTALS $422,875 $206,437 Q Packet Pg. 110 City of Kent—Regional Trails Enhancements—6328753 EXHIBIT D -INSURANCE REQUIREMENTS 1. Insurance Requirements 1.1. Grant Recipient shall purchase and maintain, at its sole cost and expense, the minimum insurance set forth below. By requiring such minimum insurance, the County does not c and shall not be deemed or construed to have assessed the risks that may be applicable to Grant Recipient, or any Contractor under this Agreement, or in any way limit the County's potential recovery to insurance limits required hereunder. To the contrary, this Agreement's insurance requirements may not in any way be construed as limiting any w potential liability to the County or the County's potential recovery from Grant Recipient. w Grant Recipient and any Contractor shall assess their own risks and if they deem appropriate and/or prudent, maintain greater limits and/or broader coverage. c 0 1.2. Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded, which coverage shall apply to i each insured to the full extent provided by the terms and conditions of the policy(s). Nothing contained within this provision shall affect and/or alter the application of any a other provision contained within this Agreement. c L 1.3. Each insurance policy shall be written on an"occurrence"basis; excepting insurance for Professional Liability (Errors and Omissions), and/or Pollution Liability, and/or Cyber a Liability(Technology Errors and Omissions). These coverages required by this v Agreement may be written on a"claims made"basis. L If coverage is approved and purchased on a"claims made"basis, the coverage provided >, under that insurance shall be maintained through: (i) consecutive policy renewals for not less than three (3) years from the date of completion of the Project which is subject of 0 this Agreement or, if such renewals are unavailable, (ii)the purchase of a tail/extended reporting period for not less than three (3)years from the date of completion of the Y Project which is the subject of this Agreement. o, M 2. Evidence and Cancellation of Insurance 2.1. Upon execution of the Agreement, and within thirty (30) days of request by the County, Grant Recipient shall furnish the County certificates of insurance and endorsements certifying the issuance of all insurance required by this Agreement. All evidence of a, insurance shall be signed by a properly authorized officer, agent, general agent, or a qualified representative to the insurer(s), shall certify the name of the insured(s), the type i and amount of insurance, the location and operations to which the insurance applies, the inception and expiration dates, shall specify the form numbers of any endorsements issued to satisfy this Agreement's insurance requirements, and shall state that the County shall receive notice at least thirty (30) days prior to the effective date of any cancellation, lapse, or material change in the policy(s). Similar documentation confirming renewal of a required insurance shall be provided on each insurance renewal date. 2.2. The County reserves the right to require complete, certified copies of all required insurance policies, including all endorsements and riders, which may be redacted of any Packet Pg. 111 City of Kent—Regional Trails Enhancements—6328753 confidential or proprietary information. Grant Recipient shall deliver such policies to the County within five (5)business days of County's request. 2.3. County's receipt or acceptance of Grant Recipient's or any Contractor's evidence of insurance at any time without comment or objection, or County's failure to request certified copies of such insurance, does not waive, alter, modify, or invalidate any of the insurance requirements set forth in this Exhibit D or, consequently, constitute the c County's acceptance of the adequacy of Grant Recipient's or any Contractor's insurance E or preclude or prevent any action by County against Grant Recipient for breach of the requirements of this section. c w 3. Minimum Scope and Limits of Insurance w L 3.1. Grant Recipient shall maintain the following types of insurance and minimum insurance c limits: o 3.1.1. Commercial General Liability: $1,000,000 per occurrence and $2,000,000 in the aggregate for bodily injury,personal and advertising injury, and property damage. i Coverage shall be at least as broad as that afforded under ISO form number CG 00E. 01. Such insurance shall include coverage for, but not limited to premises liability, a products and completed operations, ongoing operations, and contractual liability. Limits may be satisfied by a single primary limit or by a combination of separate 2 primary and umbrella or excess liability policies,provided that coverage under the latter shall be at least as broad as that afforded under the primary policy and satisfy a all other requirements applicable to liability insurance including but not limited to v additional insured status for the County. L 3.1.2. Workers Compensation: Workers Compensation coverage, as required by the >, Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this Project by applicable Federal or"Other States" State Law. a� c 3.1.3. Employers Liability or"Stop Gap" coverage: $1,000,000 each occurrence and Y shall be at least as broad as the protection provided by the Workers Compensation o, policy Part 2 (Employers Liability), or, in monopolistic states including but not M limited to Washington, the protection provided by the "Stop Gap" endorsement to the commercial general liability policy. as 3.1.4. U.S. Longshoreman and Harbor Workers Coverage (USL&H): If work will be a, taking place on or adjacent to navigable water, as defined by the U.S. Department a of Labor, then Grant Recipient and/or its Contractor(s) must provide proof of i insurance coverage in compliance with the statutory requirements of Longshoreman and Harbor Workers Compensation Act (administered by the U.S. Department of Labor). USL&H Employers Liability insurance shall be maintained with limits no z less than $1,000,000 each occurrence. a 4. Other Insurance Provisions and Requirements Packet Pg. 112 City of Kent—Regional Trails Enhancements—6328753 4.1. All insurance policies purchased and maintained by Grant Recipient and any Contractor required in this Agreement shall contain, or be endorsed to contain the following provisions: 4.1.1. With respect to all liability policies except Professional Liability (Errors and Omissions) and Workers Compensation: 4.1.1.1. King County, its officials, employees and agents shall be covered as c additional insured for full coverage and policy limits as respects liability arising out of activities performed by or on behalf of the Grant Recipient, its agents, representatives, employees, or Contractor(s) in connection with this Agreement. Additional Insured status shall include products-completed w operations CG 20 100 11/85 or its substantive equivalent. The County requires w the endorsement(s)to complete the Agreement. 4.1.2. With respect to all liability policies (except Workers Compensation): 4.1.2.1. Coverage shall be primary insurance as respects the County, its officials, o employees and agents. Any insurance and/or self-insurance maintained by the County, its officials, employees or agents shall not contribute with any Grant i Recipient's, or Contractor(s) insurance or benefit the Grant Recipient, or anyE. Contractor, or their respective insurers in any way. a 4.1.2.2. Insurance shall expressly state that it applies separately to each insured and additional insured against whom a claim is made and/or lawsuit is brought, 2 except with respect to the limits of insurer's liability. 5. Waiver of Subrogation v 5.1. Grant Recipient, its Contractor(s), and their respective insurance carriers release and waive all rights of subrogation against King County, its officials, agents and employees a for damages caused by fire or other perils which can be insured by a property insurance policy. This provision shall be valid and enforceable only to the extent permissible by the applicable property insurance policies. a� c 6. Deductibles/Self-Insured Retentions Y 6.1. Any deductible and/or self-insured retention of the policies shall not in any way limit the o, County's right to coverage under the required insurance, or to Grant Recipient's, or any M Contractor's liability to the County, and shall in all instances be the sole responsibility of Grant Recipient or its Contractor, even if no claim has been made or asserted against them. L 7. Acceptability of Insurers a 7.1. Unless otherwise approved by the County, insurance is to be placed with insurers with i an A.M. Best rating of no less than A:VIII. 7.2. Professional Liability (Errors and Omissions) insurance may be placed with insurers with an A.M. Best rating of no less than B+:VII. 7.3. If at any time any of the foregoing policies fail to meet the above stated requirements, [Grant Recipient] shall,upon notice to that effect from the County, promptly obtain a a new policy, and shall submit the same to the County, with the appropriate certificates and endorsements, for review. Packet Pg. 113 City of Kent—Regional Trails Enhancements—6328753 8. Self-Insurance 8.1. If the Grant Recipient is a governmental entity or municipal corporation, Grant Recipient may maintain a fully funded self-insurance program or participate in an insurance pool for the protection and handling of its liabilities including injuries to persons and damage to property. N r C 9. Contractors E 9.1. Grant Recipient shall include all Contractors as insureds under its policies or, alternatively, Grant Recipient must require each of its Contractors to procure and maintain appropriate and reasonable insurance coverage and insurance limits to cover w each of the Contractor's liabilities given the scope of work and services being provided A herein. To the extent reasonably commercially available, insurance maintained by any Contractor must comply with the specified requirements of this Exhibit D, including the requirement that all liability insurance policies (except Professional Liability and o Workers Compensation)provided by the Contractor(s)must include the County, its officials, agents and employees as additional insured for full coverage and policy limits. i Grant Recipient is obligated to require and verify that each Contractor(s) to maintain the required insurance and ensure the County is included as additional insured. Upon a request by the County, and within five (5)business days, Grant Recipient must provide evidence of each Contractor(s) insurance coverage, including endorsements. c� 10. Work Site Safety ° a 10.1. Grant Recipient shall have the "right to control" and bear the sole responsibility v for the job site conditions, and job site safety. Grant Recipient shall comply with all applicable federal, state and local safety regulations governing the job site, employees, a and Contractors. >, c 0 U c Y as ti v M a+ C E N L Q /L^ V Cd G V Q Packet Pg. 114 City of Kent—Regional Trails Enhancements—6328753 EXHIBIT E-NOTICE OF GRANT Upon Recording Return To: King County Department of Natural Resources and Parks Parks and Recreation Division 201 S Jackson Street, KSC-NR-5702 Seattle, WA 98104-3855 c w N Document Title: L Reference No. of Related Document: Legal Description: c 0 Assessor's Parcel No.: a, as NOTICE OF GRANT L This Notice of Grant is effective as of the day of , 202 and is made and a executed by the Parks Capital and Open Space Grant recipient, the City of Kent and King County(the "County"), a political subdivision of the State of Washington. The City is the owner of the in King County, State of Washington(the "Property"), legally described and attached hereto in Exhibit A. v L Pursuant to a Parks Capital and Open Space Grant Agreement, between the King County and the a City, dated ("Grant Agreement"), attached hereto as Exhibit B, the City has constructed a Facility Improvement to the "Facility" on the Property for the purpose of providing 'o recreation for the public. A map of the Property and Facility is attached hereto as Exhibit C. a� c The City hereby agrees to be bound by the terms of the Grant Agreement including the Y obligation to ensure public access to the Facility. T M IN WITNESS WHEREOF, the City and King County have executed this Notice of Grant on the date set forth above. E a� as L Q City of Kent KING COUNTY 0 /L^ V By: By: c d Name: Name: 0 r r Its: Its: Q Packet Pg. 115 City of Kent—Regional Trails Enhancements—6328753 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me,and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of E the CITY OF KENT to be the free and voluntary act of such party for the uses and purposes mentioned c in the instrument. c w N Dated: i c 0 d NOTARY PUBLIC L Print Name: Q L My Commission Expires: � � a c� L STATE OF WASHINGTON a ss. COUNTY OF KING ) v a� c Y I certify that I know or have satisfactory evidence that is the person who appeared before me,and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of KING COUNTY, a political subdivision of the State of Washington,to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. E m a� Dated: a� Q c /L^ V d E NOTARY PUBLIC Print Name: a My Commission Expires: Packet Pg. 116 City of Kent—Regional Trails Enhancements—6328753 NOTICE OF GRANT EXHIBIT A- LEGAL DESCRIPTION N r C d d V C R t C W N L 0 NNd LPL 3 a c 'L^ V U L a c 0 U tM c Y ti M C 0 0 N L 0) � a /L^ V Cd G V a Packet Pg. 117 City of Kent—Regional Trails Enhancements—6328753 NOTICE OF GRANT EXHIBIT B- GRANT AGREEMENT N r C d E d V C R t C W N L 0 NNd LPL 3 a c 'L^ V U L a c 0 U c Y ti M C 0 0 N L � a /L^ V Cd G V a Packet Pg. 118 City of Kent—Regional Trails Enhancements—6328753 NOTICE OF GRANT EXHIBIT C- PROPERTY AND FACILITY MAP N r C d E d V C R t C W N L 0 NNd LPL 3 a c 'L^ V U L a c 0 U c Y ti M C 0 0 N L a /L^ V Cd G V a Packet Pg. 119