HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 6/2/2020
KENT CITY COUNCIL AGENDAS
Tuesday, June 2, 2020
7:00 PM
Chambers
THIS IS A REMOTE MEETING DUE TO THE COVID-19
CORONAVIRUS EMERGENCY
A live broadcast is available on Kent TV21,
www.facebook.com/CityofKent, and
www.youtube.com/user/KentTV21
To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257
and enter Meeting ID 980 0091 4972
Please call 253-856-5700 or email CityCouncil@KentWA.gov to provide
public comment.
Mayor Dana Ralph
Council President Toni Troutner
Councilmember Bill Boyce Councilmember Marli Larimer
Councilmember Brenda Fincher Councilmember Zandria Michaud
Councilmember Satwinder Kaur Councilmember Les Thomas
**************************************************************
COUNCIL MEETING AGENDA - 7 P.M.
1. CALL TO ORDER
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
i. Employee of the Month
ii. City of Kent Charitable Giving Campaign Presentation for Make a
Senior Day - Meals on Wheels Program
B. Community Events
C. Public Safety Report
5. REPORTS FROM COUNCIL AND STAFF
City Council Meeting City Council Regular Meeting June 2, 2020
A. Mayor Ralph's Report
B. Chief Administrative Officer's Report
C. Councilmember's Reports
6. PUBLIC HEARING
7. PUBLIC COMMENT
During the coronavirus emergency the public will not have the
opportunity to provide live comment. Written comments may be
submitted to Citycouncil@KentWA.gov, or someone wishing to submit
a comment may call 253-856-5700.
8. CONSENT CALENDAR
A. Approval of Minutes
1. Council Workshop - Workshop Regular Meeting - May 19, 2020 5:00
PM
2. City Council Meeting - City Council Regular Meeting - May 19, 2020
7:00 PM
3. Committee of the Whole - Committee of the Whole - Regular Meeting -
May 26, 2020 4:00 PM
B. Payment of Bills - Approve
C. HCMA/Human Capital Management & Automation – Project Budget,
Contracts, and Change Orders - Authorize
D. Consultant Services Agreement with Otak, Inc., for the Mill Creek at 76th
Avenue Flood Protection Improvements Structural and Stream Geometry -
Authorize
E. Resolution Adopting the Residential Traffic Calming Program - Adopt
9. OTHER BUSINESS
A. Interagency Agreement with the Washington State Department of
Commerce for the Coronavirus Relief Fund for Local Governments CARES
Grant - Authorize
B. Consultant Services Agreement with Aerospace Machinists Joint Training
Committee - Authorize
10. BIDS
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
A. Current or Potential Litigation, as per RCW 42.30.110(1)(i)
12. ADJOURNMENT
City Council Meeting City Council Regular Meeting June 2, 2020
NOTE: A copy of the full agenda is available in the City Clerk's Office and at
KentWA.gov.
Any person requiring a disability accommodation should contact the City Clerk's
Office in advance at 253-856-5725. For TDD relay service, call the Washington
Telecommunications Relay Service 7-1-1.
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Administration
• It’s been a hard couple weeks following the
reduction of 27 positions (11 occupied) and
the furloughs in our Recreation Division
announced on Tuesday, May 19. Our
thoughts are with everyone impacted by
yet another unfortunate consequence of
COVID-19.
• We’ve tasked the Recovery Team with
making sure we are tracking and
documenting every possible COVID-19
expense for CARES reimbursement. Our
economic development staff continue to
flesh out a plan to use $1 million in CARES
dollars for job training and small business
grants.
Permitting
• New applications are back to pre-shutdown
levels but permit issuance and inspection
requests are still down about 25% from the
pre-Covid levels. We believe this is due to
our customers’ own delays with restarting
some projects as the construction trades
consider how to safely return to work.
• Staff continue to work with our vendors to
finalize specifications on our new
permitting system which we expect to be
fully operational in early 2021.
Economic Development
• As previously reported, Kent’s Lodging Tax
Advisory Committee grant program was
cancelled for 2020 and prior year grantees’
awards were reduced considering the
drastically lower revenue outlook. On a
positive note, our neighboring cities of
SeaTac and Tukwila, who each have much
larger lodging tax funds, offered to
consider the requests of our applicants
whose proposals support our regional
space and advanced manufacturing hub
brand identity. ECD is coordinating the
transfer of these requests to these
neighboring cities.
• Staff, along with Mayor Ralph, participated
in a virtual conversation with the Kent
Chamber of Commerce regarding the
impacts of COVID-19 on Kent’s business
community and shared how the city is
responding to and supporting recovery
efforts.
• ECD is collaborating with its counterparts in
Auburn, Burien, Covington, Des Moines and
Renton to develop a process for intake,
review and distribution of CARES Act funds
provided to cities to address the economic
fallout of COVID-19. As a portion of these
funds will be used to provide grants to
businesses, a coordinated approach will
provide consistency across municipal
boundaries, streamline the process and
eliminate confusion for applicants.
• Working with our industry association and
non-profit partners, we distributed Round 2
of a regional survey to document impacts
of COVID-19 on the business community.
With a third survey to roll out in June, we
will be able to see the impacts over time,
to inform our recovery effort strategies.
• Development is underway on an application
to allow web visitors to see a GIS-enabled
ADMINISTRATION
ECONOMIC AND COMMUNITY
DEVELOPMENT
June 2, 2020
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map of new development projects already
under construction, or coming soon to
Kent. Set to launch this summer,
BuildKentWA.com will augment our public
notice process with an online source for
information about new projects, residential
and commercial. Once launched, this new
tool will be promoted on Kent’s social
media platforms, required public notice
boards and associated mailings.
• Layoffs and gathering resources for those
employees.
• Setting up a new program for the Parks &
Recreation employees (SharedWork) with
ESD - preparing training for them.
• Working on testing scenarios for Workday.
• Police Commander promotional (both the
WPR and CSA processes) will be held
remotely via Zoom May 27 as Public Safety
Testing (PST) was declined an exemption
by the Governor’s office. The remote
process is a first and has required some
logistical hoops to move through.
TransformAP
• Deploy a single system solution to reduce
the complexity and human error potential
of the current solution. TransformAP will
provide a single system of record and
improved audit controls. The current
antiquated scanning hardware platform
supporting this process is plagued by
systemic issues and poses a significant
security risk.
WebQA Replacement (KentWorks)
• To increase employee productivity, improve
resident ease of use, and provide faster
turnaround, the city is looking to upgrade
or replace the current request application,
WebQA, with a Cloud based mobile friendly
service request platform.
Information Technology operational support
for May 12, 2020 to May 26, 2020
Number of tickets opened – 250
Number of tickets closed – 350
• Assisted city departments with several
contracting issues that have arisen
considering the COVID-19 emergency.
• Met with the Law Department’s Legal
Secretary of over 20 years to deliver the
unfortunate news that she was being laid
off. Notified the office of the Law
Department’s budget reductions.
• Reviewed policies relating to the arming of
Kent Corrections Officers for the purposes
of conducting felony transports and
conducted a liability assessment.
• Assisted ECD in planning for the
establishment of a program for grant
distribution to businesses, funded by the
Federal CARES Act.
• Continued negotiations with King County
on a Memorandum of Understanding to
resolve pending litigation concerning King
County’s operation and maintenance of a
quarantine and isolation facility in Kent.
• Worked alongside outside counsel to help
resolve an outstanding property dispute
related to the condemnation of property
from Hytek Finishes Co. This property is
necessary to complete the wetland
mitigation requirements for the S. 224th
Street project. This settlement resolves the
matter without further litigation and
without compromising the Model Toxic
Control Act case against Hytek for the
contamination of the property.
• Attended meetings with Emergency
Management and have started preparations
for returning legal staff to the office.
• Continued preparation of a request for
proposal for medical services at the Kent
Correction Facility.
• Between May 11 – May 25, 2020:
o Received 162 new criminal cases for
filing consideration from the Police
Department. Forty-four of those cases
were for people who were booked into
custody and 118 of the cases were for
people who remain out of custody
pending a filing decision.
o Filed 126 criminal cases with the court.
• Reviewed approximately 119 hours of Body
Worn Camera (BWC) footage.
• Attended the daily in-court jail calendar.
HUMAN RESOURCES
INFORMATION TECHNOLOGY
LAW
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• Given proclamations from the Governor
and the Kent Municipal Court, worked to
change case approach in response to
COVID-19 including:
o Answered emails, texts and phone calls
from police officers, Kent Municipal
Court, defense attorneys, and witnesses
concerning case impacts due to COVID-
19.
o Reviewed and advised KPD on new case
law, legislation and emergent issues
regarding COVID 19.
o Two prosecutors attended an in-person
court meeting to discuss plans for re-
opening Kent Municipal Court, currently
scheduled for June 2, 2020.
o Reviewed over 2,100 pending criminal
cases to prioritize court hearings when
court re-opens.
o Handled two DUI Court hearings where
participants and staff appeared
telephonically.
o Reviewed missed infraction calendars
and contacted defense attorneys
regarding potential settlements.
• Six prosecutors attended a one-hour
Continuing Legal Education (CLE) on DUIs.
• Five prosecutors attended various other
free CLE webinars.
• Held four prosecutor team meetings and
two criminal paralegal team meetings.
• Continued to assist the Clerk’s office with
public records requests as needed, and
Public Works, ECD, IT and Parks with many
high priority contracts and development
projects, including property rights and
access issues involving Naden Avenue.
• Assisted the Clerk’s office in preparing the
agenda for the City Council meetings and
Committee of the Whole meetings.
• Assisted the HR Department in a number of
sensitive employment and labor related
matters.
Human Services
• Human Services staff continue to process
grant applications received on May 5. Staff
and Human Services Commissioners will
begin reviewing and rating the first half of
the applications. Commissioners will meet
virtually to discuss the first batch of
applications (all new, currently unfunded
programs) in mid-June. Staff and
Commissioners will then be assigned the
second batch of applications (currently
funded programs) prior to a second virtual
discussion. Final funding allocations should
be completed by the end of July. Equity in
grantmaking continues to be a focus of
conversations and trainings with
Commissioners.
• Staff continue to participate in trainings
and meetings with local HUD field office
staff to ensure our city is prepared to
receive the CDBG-CV funds from HUD.
There are many administrative steps that
must be completed in order to receive the
additional $670,541 in supplemental CDBG
funding for grants to prevent, prepare for,
and respond to the coronavirus. In order to
respond quickly to the immediate needs
faced by our community, the CARES Act
provides that the city may amend their
Citizen Participation Plan (CPP) to establish
expedited procedures to amend the 2019
Annual Action Plan for Housing and
Community Development. Amendments to
the CPP and 2019 Annual Action Plan will
run concurrently, and staff will be
accepting public comment. While HUD has
not yet released additional guidance or
specific regulations, most jurisdictions are
cautiously moving forward to be able to
expend funds in a timely manner.
• The Kent Community Foundation continues
to host twice-weekly meetings primarily
focused on responding to the need for food
and food distribution to residents. The
community response to the crisis continues
to be truly amazing. A second drive by
donation event has been scheduled at Kent
Station Saturday, June 13 from 11am -
1pm. Click here to visit Kent Station’s site
for a list of much-needed items and check
back as they will keep updating it. For
those who wish to donate, please put
donations in your car trunk (envelopes with
cash or checks written to Kent Community
Foundation also accepted) and pull up in a
parking spot in front of Johnny Rockets at
PARKS, RECREATION, AND
COMMUNITY SERVICES
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Kent Station (418 Ramsay Way). Pop open
your trunk and volunteers will unload your
donations. Diapers are also in high demand
and donations are currently being accepted
through May 30.
Hiring/Retirement/Recruitment/Leaves/
Promotions
• Entry Level Officer Liam Bertolacci started
May 18, 2020.
Significant crime- activities/arrests/
investigations
• On May 12, officers responded to a
carjacking in progress. A suspect had
watched a mother place her 4-year-old into
a car before entering the car and trying to
steal it with the child inside. The suspect
began to drive away before the mother
yanked her child out of the car. The
suspect fled the scene. Officers later
identified the suspect by viewing camera
footage from a nearby business. Officers
arrested the suspect for attempted
kidnapping and vehicle theft.
• On May 13, officers responded to a felony
order violation in progress. A suspect had
assaulted his girlfriend, smashed the
victim's vehicle with an axe, and then
chased the victim while trying to hit her
with the axe. The suspect got into a vehicle
and fled the scene. The vehicle and suspect
were located nearby with the axe where he
was arrested for multiple felony crimes.
The driver was found to have a loaded gun
beneath his seat and he did not have a
CPL, so he was also arrested.
• On May 13, officers stopped a stolen car on
W. Smith after a pursuit. The driver was
arrested and a firearm was recovered on
the driver's seat.
• On May 15, officers were doing proactive
patrol at Hawthorn Suites when they saw a
partially stripped vehicle with two subjects
inside. It had an obstructed VIN and the
officers believed it might be stolen. One
subject attempted to quickly walk away
from the vehicle and was contacted. He
became combative and he struck one of
the officers in the face with a closed fist.
The officers became engaged in a fight and
the suspect attempted to disarm the other
officer and after several TASER
applications, the subject was taken into
custody and booked for assault 4 and
attempted disarming.
• On May 16, officers responded to the
Waterford at the Lakes Apartments for a
rape in progress. According to the victim,
she heard a knock on the door, opened it
at which time unknown suspect forcibly
entered, attacked her, and brutally raped
her. The victim fought back, and was able
to grab her TASER and tased him. He fled
from the apartment - she hid in the closet
and called 911. The suspect is unknown to
the victim. Detectives are investigating.
• On May 16, a suspect and victim were in a
moving vehicle when for unknown reason
per the victim, he was shot in arm by
suspect. The vehicle then crashed into a
tree and suspect fled on foot. A K9 track
was initiated and the suspect was located
and arrested.
• On May 16, during a domestic violence
arrest at Driftwood Apartments, officers
located cocaine, cash, and various IDs and
credit cards on the suspect - a known
felon. He was arrested outside his vehicle
at which time officers observed drug
paraphernalia and possible stolen property.
The vehicle was impounded, and a search
warrant served. Multiple additional victims'
cards and property were located along with
a .380 LCP stolen handgun out of Tacoma.
• On May 16, officers saw a speeding car
going westbound on Kent Kangley Rd.
When officers tried to stop the vehicle, it
went down several roads and into an
apartment complex then took off. It went
down the 277th corridor, running red lights
at Hwy 167. Officers eventually stopped
the vehicle by using spikes.
• On May 17, a suspect pulled a gun and
robbed a Shell Gas Station clerk of about
$600. The surveillance cameras picked up
a suspect vehicle being driven by another
subject.
• On May 17, officers found two stolen
vehicles at 7-11 at 108th & 208th. They
detained two people who admitted to
stealing the cars and/or knowing the cars
were stolen. Each were arrested and
POLICE
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booked for theft of motor vehicle and
possession of stolen vehicle.
• On May 19, officers responded to a
suspicious parked BMW with a male driver
passed out inside. There was drug
paraphernalia visible inside the BMW and
the driver was arrested for possession.
Covington PD had published a bulletin
earlier that same day identifying him as a
commercial burglar. Officers spotted items
inside the BMW that matched the photos in
the Covington PD bulletin. The BMW was
impounded for a search warrant for the
drug case. When officers served the
warrant, they found paraphernalia as well
as multiple items associated to the
Covington burglary.
• On May 20, officers responded to a vehicle
prowl in progress at Used Car Repair,
25951 104th Ave. SE. They found the
suspect inside a victim's car and arrested
the suspect. The suspect was in possession
of an extremely large amount of suspected
stolen property belonging to numerous
victims.
• On May 21, officers contacted an unwanted
subject loitering at Lake Meridian
Apartments. The subject had been visiting
a friend but after an argument had left the
apartment but wouldn't leave the complex.
The subject was given a trespass warning
but still refused to leave and was arrested
for trespassing. Post arrest the suspect
faked a medical emergency while urinating
in the back of the patrol car. Once removed
from the patrol car by officers, the suspect
became combative and repeatedly kicked
and flailed throwing her urine all over
several officers. She was arrested and
booked for multiple crimes - including two
counts of assault 3.
• On May 22, SOU Officers were checking a
homeless encampment on the south side of
Kent-Des Moines Road. A transient was
holding machete in each hand. He ignored
commands to drop the weapons and took
off running still armed with the machetes.
Numerous KPD and WSP units arrived in
the area and cornered him just south of the
Des Moines 7-11 on KDM. He was finally
arrested after an effective taser
deployment and evaluated by Puget Sound
Fire and cleared for booking. He was
transported to RJC and booked for assault.
• On May 24, officers responded to Lake
Meridian Apartments where a victim had
three gunshots to his leg and was
transported to Harborview with serious
injuries. Both suspects were detained and
questioned by Detectives and two
handguns were recovered. There were
several casings found in the parking lot
where the altercation occurred. The victim
is a resident of Fife, and the two suspects
reside in the #O building of the apartment
complex.
• On May 24, a suspect was arrested after he
and two other suspects came to the
victim’s residence to collect a debt of $30.
Upon being denied the money, the suspect
forced his way into the residence by kicking
the door and started to physically assault
one male victim. He then pepper-sprayed
another victim. Another suspect pulled out
a handgun and threatened the residents
before fleeing on foot. Two of the victims
refused to cooperate for fear of retribution,
while two others provided statements.
• On May 24, officers were dispatched to a
vehicle vs. pedestrian accident within the
Alvista 240 apartments (Formerly known
as the Royal Firs apartments.) Dispatch
reported that the pedestrian/victim was on
the ground trapped under the vehicle. Kent
patrol arrived and with the assistance of
citizens in the complex, were able to get
the vehicle jacked up and off the injured
victim. According to the driver of the
vehicle and witness accounts, the driver’s
dog jumped out of his car window and
attacked the victim’s dog. The driver in
turn exited his vehicle to retrieve his dog,
however the car was not put in park, so it
rolled backwards, striking the victim who
was behind it, pinning her underneath.
Fire/medics arrived at which time it was
determined that victim had critical injuries.
She was transported to Harborview Medical
Center where her status at this time is
unknown.
• On May 25, a drug-affected transient
female suspect made contact at an
Alderbrooke Apartment and got the 6-and-
7-year-old girls inside to unlock the back
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slider. She then took them by hand to the
Kent Valley Motel. An unknown transient
subject contacted the resident to notify
them. Everyone was quickly located near
Alderbrooke/Central. Statements indicate
the girls were taken to at least two units at
Kent Valley briefly. The suspect was
arrested and booked for kidnapping and
burglary.
Major emphasis patrol
• Racers emphasis held over the holiday
weekend – three officers had multiple
contacts.
Events and awards
• Letter of Commendation for Detective Eric
Wesson:
o In February 2019, 15-year-old Francisco
shot multiple times at close range, at a
car that Salvador Estrada Bautista was
in. This shooting was gang retaliation as
Salvador was about to testify in a
murder trial for an incident in April
2017. On April 30, 2020 Francisco
Javier Herrera Bernal was convicted of
Assault 1 with Felony Armed
Enhancement and sentenced to 10
years. On May 1, 2020 Sergeant Phil
Johnson received an email from Senior
Deputy Prosecuting Attorney Adrienne
McCoy regarding the hard work that
Detective Eric Wesson put into this
case. Senior DPA McCoy credits
Detective Wesson for the conviction
because of his excellent investigation.
Detective Wesson convinced Salvador to
cooperate in a case where he was shot
for having previously cooperated with
the police. Detective Wesson developed
a trust with Salvador that no other
person had. He helped the prosecutors
deal with threats to Salvador that were
made after the shooting and during the
trial. He made sure Kent Police Officers
did patrols near Salvador’s home, so his
family would be as safe as possible. He
participated in safety planning meetings
with the family and he transported them
to and from court for the hearing.
Detective Wesson was commended for
his exceptional service, as well as being
a model of the Kent Police Department’s
mission to aggressively fight crime
while serving with compassion.
Land Survey
• Topography field data for Signature Point
Pump Station, West Hill Reservoir,
Washington Ave. Pump Station & Mill Creek
LOMR.
• Right- of-way boundaries for 76th Ave.
Road Raising, Mill Creek re-establishment &
West Hill Transmission main/reservoir.
• Construction staking for Upper Mill Creek
Dam, Meet Me On Meeker/Riverbend
driving range improvements and 76th Ave.
utility vaults.
GIS
• GIS maps prepared for transportation
sustainability, residential traffic calming &
environmental drainage basins, wetlands &
stream updates.
• GIS support for CityWorks asset
management, Azure Cloud system &
Amanda Permitting software.
Construction
• LID 363 - S 224th St improvements – 88th
Ave S / S 218th St improvements – S 222nd
St to 94th Pl S (Ph 2). Construction of the
pond access road continues this week
followed by fine grading of the pond and
placing a layer of sand beneath the pond
liner. Preparing to place the last of the
curb & gutter this week with sidewalk
placement scheduled for next week.
• 228th St. Union Pacific Railroad Grade
Separation Bridge and Roadway (Ph 5 of 5)
- Barrier rebar delivery is scheduled so
forming of moment slab and barrier is
proceeding this week. Girder set on hold
pending girder erection plan approval from
UPRR. The project team is hoping to get
the plan back by the end of June. With an
approved plan PSE’s power shut-down can
be scheduled with a (minimum) two-week
lead time. Geofoam cap on the west
abutment wall is scheduled to be
completed this week. Work on the new
Interurban Connector Trail section from
68th to 72nd is ongoing. Illumination bases
are being completed this week and
grading/prep for sidewalk pours are
beginning this week. Placement of
PUBLIC WORKS
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concrete curb & gutter, ADA ramps, and
driveways will begin on Monday, June 1.
The full closure of S 228th St from 72nd Ave
S to 76th Ave S (4th Ave N) with detour in
place for the duration of the project. The
Interurban trail is temporarily open for
use. A temporary closure will be scheduled
and implemented when contract work
resumes following the suspension of work
on the site due to COVID-19 safety
concerns. There is no access to either
direction of S 228th St. from the trail
outside of the fenced pathway as this is an
active construction site.
• Fuel Tank Replacement Project - supply
chain issues related to some equipment
such as fuel dispensers out of China
resulted in delays. Equipment is now
available, and work is resuming this week.
• Green River Natural Resource Area
(GRNRA) South Stormwater Pump Station -
placement of the steel header beams and
trusses is complete on the garage building.
Roof steel decking placement is complete
on the generator shelter. Placement of
wood underlayment in both buildings
begins this week.
• Meet Me on Meeker Sidewalk / Riverbend
Driving Range Improvements - placement
of concrete sidewalk scheduled to proceed
this week. Electricians are installing
conduit and electrical appurtenances.
• Willis Street and 4th Ave S Roundabout -
Council has authorized the award of this
project to Active Construction of
Tacoma. The contract is executed, and the
preconstruction meeting is scheduled for
Wednesday, June 3. Mobilization and
activity on site will begin the following
week.
• 76th Avenue South Improvements - Council
has authorized the award of this project to
Northwest Cascade, Inc. of Puyallup. The
contract is signed, and the preconstruction
meeting is scheduled for Friday, May 29.
Staff is also coordinating a meeting with
Blue Origin, Northwest Cascade, and our
team to ensure Blue Origin’s needs are
being addressed throughout the duration of
the project. CenturyLink and Comcast are
working to complete relocation of their
utilities prior to construction proceeding.
Work is tentatively scheduled to proceed
on June 15.
• GRE West Meeker – 64th & Meeker (6500 W
Meeker) – beginning Tuesday, May 26, the
contractor is implementing a traffic bypass
on Meeker St. to construct a new concrete
elevated crosswalk across Meeker St. The
bypass will be in place for 3-to-4 weeks.
• Puget Sound Energy Utility Upgrades – as
part of PSE’s utility upgrade project,
Lakeside Industries began performing grind
and overlay work on S 196th St and S 194th
St between the Green River and 64th Ave S
last week between the hours of 7:00 am
and 6:00 pm. This work will also be taking
place on 66th Ave S from S 196th St to
190th St during the same work
hours. Multiple lane closures with traffic
control will be in place for the duration of
this work.
Design
• The Design Engineering team continues to
work on delivering projects while
telecommuting. The team is utilizing the
Microsoft Teams environment to hold
conference calls to coordinate project
elements amongst the team, along with
other departments and consultants. Trips
to the field are made on an as-needed
basis. In the last two weeks the team met
with the Signature Pointe Apartment
Leasing Officer and evaluated site
conditions for the Meet Me on Meeker
driving range for coordination with the
adjacent GRE segment. The 4th Ave and
Willis Roundabout, 76th Street
Improvement (road raising), and the 2020
contracted overlay projects have merge
meetings scheduled to transition the
projects from design to construction. Work
on the Meet Me on Meeker – Russell to GRE
segment – continues at an accelerated
pace to meet Puget Sound Regional Council
and WSDOT requirements to secure
contingency grant funding due mid-July.
Reith Road watermain replacement design
is wrapping up and is expected to advertise
in June. Other heavy work on Signature
Pointe Levee is underway as the team
dives into the details. In the meeting with
Signature Pointe Apartments, the team has
identified several needs – maintained
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access on 62nd, night time operation of
gates, maintenance and use of
building/facilities next to the proposed
levee. Coordination with Economic &
Community Development and Public Works
Operations staff on the Westhill reservoir
and transmission main projects for
placement of main along Veterans Drive
and reservoir site needs. The team
continues to support efforts in the
development of Meet Me on Meeker
segments and Naden, make progress on
updating the Kent Design and Construction
Standards, and supporting capital
improvement project under construction.
Environmental
• Solid Waste Program – Facebook Live Q&A
is being launched on May 28. Here’s the
link you’ll want to
use: https://www.facebook.com/events/3
26198788349383/ . The event is this
Thursday, May 28 at 10 am on Kent Public
Works Facebook page. So far, we have
134 responses! We are looking forward to
it!
• Our Adopt-A-Street/Adopt-A-Spot program
is growing although at a somewhat slower
pace due to social distancing – currently
there are about 60 adopters.
• Staff will be working with IT to launch the
new GIS based IDDE data base for staff
use this week. Staff have been working on
populating this data base with spill and
illicit discharge/connection reports from
2015 up to present day. This project should
be completed soon so that we can see five
years of IDDE history in a GIS format. This
information will be used for our stormwater
planning program.
• The Washington State Department of
Health has confirmed that projects related
to the West Hill reservoir will not be
impacted by King County’s delays in their
approval process of the Water System
Plan.
• The Downey Farmstead side channel phase
3 project is out for construction bids now,
with bids opening on June 9. This phase
will include about 25,000 cubic yards of
material removal, with 10,000 plants and 5
fish habitat structures installed. This phase
is particularly exciting because we will be
getting the excavation down to the final
side channel elevation in the middle of the
site. There will be approximately 75,000
cubic yards of additional material to
remove in future phases, and we have a
deadline of Friday, May 29 for the final
application for the Puget Sound Acquisition
and Restoration Large Capacity Grant.
PW Operations
• Operations is working with “full” staff while
implementing social distancing measures.
Administration, non-reps and management
are primarily telecommuting and available
via email, Teams or city cellphones. Crews’
project work is on hold and staff will be
focusing on normal maintenance and
resident requests, working singularly or in
small teams.
Streets
• Street maintenance crews will be
performing sidewalk sweeping on S 196th
St, hot patch dig-out repair at 19931 72nd
Ave S, 24014 94th Ave S, 23903 94th Ave S
and 3629 S 253rd St, hot patch shoulders
on Military Rd, hot patch repair on 84th Ave
S, prep sand storage area at the East Hill
Shop. The sidewalk crew will grind
sidewalks on W Valley Hwy, and inspect
city sidewalk on Russell Rd S and S 196th
St. The concrete crew will prep area for
pour and pour new sidewalk on S 196th St
and on W Valley Hwy and concrete repair
at 27902 122nd Pl SE.
• Signs and markings crew are doing sign
maintenance on the East Hill, install bases
and signs for retro reflectivity program on
33rd Ave S, set bases for the retro
reflectivity program on 46th Ave S, set
bases and install signs on Reith Rd, SE
248th St and 132nd Ave SE, set base on S
246th St, replace signs on SE 244th St and
inspect traffic control at S 192nd St. Solid
waste crew are removing debris and illegal
signs on 104th Ave SE, SE 240th St, 124th
Ave SE, 30th Ave S and the bus stop on Pac
Hwy, performing hot spot inspections on
Military Rd and Russel Rd and graffiti
removal from the 212th St bridge and
retaining wall, Joe Jackson bridge and Don
Wickstrom bridge.
• Water Vegetation crews will be line
trimming and mowing at 3.5 tank, Clark
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Springs, Armstrong Springs, Summit
Reservoir, 108th St well, 114th Ave vactor
site, 640 zone tank, West Hill sites, Seven
Oaks well, Woodland Way PRV, Guiberson
Corrosion facility and Garrison Creek.
Street vegetation crews will be spraying on
152nd Ave SE, SE 256th St, 144th Ave SE,
124th Ave SE, 108th Ave SE and Canyon Rd,
spray sidewalks, planted beds and tree
wells and weed planted beds, tree wells
and planted beds in the Downtown Core
and mow and line trim on 64th Ave S, SE
208th and downtown mow strips. The
sidearm crew will be mowing on SE 244th
St, SE 248th St, 124th Ave SE, 92nd Ave S, S
200th St, S 262nd St, 68th Ave S, Frager Rd,
Russell Rd, S 212th St, 64th Ave S, GRNRA
bike path, SE 223rd Dr, 120th Ave SE, 108th
Ave SE, S 259th Pl, GRNRA sewage cells,
super highway and interior trails and
smaller roads in the Panther Lake area on
116th Ave SE and SE 208th St. The Wetland
mitigation crew will be transplanting at the
GRNRA nursery, line trim, remove weeds
and test run irrigation on Frager Rd, line
trimming Lake Meridian outlet channel and
nursery, assemble irrigation at 72nd Ave
site and irrigation delivery at Leber
property. The Wetland maintenance crew
will be mowing and line trimming at
Horseshoe Bend, fish ladder, Ramstead,
Park Meridian, FP wetlands, Stillwater
Greens, Rainier View Estates, Meridian
Meadows, Roses Meadows, Lindental and
McKenna Meadows. The holding pond crew
will be mowing and line trimming at
Garrison Greens, The Meadows,
Westminster, Swan Court, Pacific Terrace,
Benson Highlands, Braun Short Plat,
Eastmont, Jami Lane, 25th improvement
ponds, Weisner, Chancellor Park, Pacific
Heights, Meadowbrook, Hazelwood
Meadows, LOE Estates, Shamrock Park,
Killa Hans, Parkview, Nancy’s Grove, SR
516 #2, Cedar Pointe, Avalon Ct, Canary
Hill, Country Club N, Hawkesbury, Heather
Glen and Southridge.
Water
• Water crews will relocate water services for
Trinity Church on Reith Rd, disconnect and
cap Kent springs reserve transmission main
and flush out in Covington. Continue plan
reviews for Clark Springs, 125K tank and
West Hill Reservoir, install and connect
Pump Station #3 to permanent power with
PSE. Replace 4-inch meter at 22247 76th
Ave S and three-inch meter at 21414 68th
Ave S.
Storm
• Storm crews will perform storm line
cleaning at SE 244th St, 109th Ave SE and
SE 248th St, manhole changeouts at 6920 S
212th St and on S 212th St, pond
maintenance at 109th Pl SE and 110th Ave
SE, potholing for utilities on SE 267th Pl,
digging ditches on SE 260th Ln and 132nd
Ave SE. The crew will also be performing
National Pollutant Discharge Elimination
System (NPDES) assessing at S 228th St
and S 232nd and pumping at SE 227th St
and SE 224th St.
Sewer
• Sewer crews will exercise valves and
replace impeller at Lindental, storm tv
inspection on 84th Ave S, frame and lid
inspections on S 212th Pl and Military Rd
and line flushing on S 241st St and 32nd Pl S
Fleet/Warehouse
• Warehouse crew continues to maintain the
shops yard keeping it clean and picked up
and maintaining the wash rack, assisting
with CDL training, receiving parts and
inventory orders and posting to stock or
work orders.
• Fleet crews will be working on putting new
vehicles into service, setting up new seven-
yard trucks, mower repairs, couple vehicles
at body shops and dealer being worked on,
COVID-19 safety modifications to the shop
and scheduled and nonscheduled repairs.
The radio shop is programing radios,
preparing vehicles for auction and working
on new vehicle set up.
# # #
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Pending Approval
City Council Workshop
Workshop Regular Meeting
Minutes
May 19, 2020
Date: May 19, 2020
Time: 5:00 p.m.
Place: Chambers
I. CALL TO ORDER
Attendee Name Title Status Arrived
Toni Troutner Council President Present
Bill Boyce Councilmember Present
Brenda Fincher Councilmember Present
Satwinder Kaur Councilmember Present
Marli Larimer Councilmember Present
Zandria Michaud Councilmember Present
Les Thomas Councilmember Present
Dana Ralph Mayor Present
II. PRESENTATIONS
1 Budget Paula Painter 90 MIN.
Finance Director, Paula Painter provided the Council with an extensive update on
the 2020 budget.
On April 14, 2020 a presentation was made during the Committee of the Whole that
included the potential 2020 revenue impacts due to COVID-19 and the funds that
are impacted.
Since April, staff has conducted budget reduction exercises, and created a plan,
including a communications plan.
Painter provided details on the CARES Act:
§ The Federal Government passed the CARES Act
§ The State is making some funds available to cities with populations under 500K
(Calculated at: population x $30 = nearly $3.9 million)
§ Grant agreements will be brought before the Council
The funds have a limited use and can be used on new costs directly associated with
COVID-19 and cannot be used for revenue loss or to address the revenue shortfalls.
The Mayor’s recommendation is to use $1 million for job training and small
businesses and the remaining to reimburse COVID-19 related expenditures.
Painter review the role of the City Council - As City’s policy making body, and the
role of the mayor - As City’s Chief Executive
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City Council Workshop Workshop Regular
Meeting
Minutes
May 19, 2020
Kent, Washington
Page 2 of 2
The projected revenue shortfall of $15.7 million is expected to affect the General
Fund, street fund, youth/teen fund, and criminal justice fund.
The City is addressing the revenue shortfall through:
§ Use of Fund Balance
§ Non-Departmental Capital Transfer Reductions
§ Department One-Time reductions
§ Departments Ongoing Reductions
2020 General Fund Expenditure Budget by department was reviewed.
Painter provided extensive details on the position impacts.
Painter provided details on each department’s budget reductions, both one-time
and ongoing.
Next Steps:
§ Departments to adopt proposed budget reduction plan
§ Aspects of plan in quarterly budget adjustment for council’s consideration
o Allocate salary costs to health and wellness fund
o Allocate position cost to solid waste fund
§ Transfer out of School Zone Camera fund to general fund
§ Ensure compliance with plan
§ Monitor impacted revenue streams
Councilmembers expressed their appreciation for staff’s work on this process and
acknowledged how difficult this has been.
Mayor Ralph expressed how much she values the City employees and apologized for
having to say goodbye to members of the City family members today. She is
grateful for the recreation team and their willingness to work through this process.
Without the current fund balance, many more employees would have been
impacted by these reductions.
Meeting ended at 6:16 p.m.
Kimberley A. Komoto
City Clerk
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Pending Approval
Kent City Council
City Council Regular Meeting
Minutes
May 19, 2020
Date: May 19, 2020
Time: 7:00 p.m.
Place: Chambers
1. CALL TO ORDER
Mayor Ralph called the meeting to order.
2. ROLL CALL
Attendee Name Title Status Arrived
Dana Ralph Mayor Present
Toni Troutner Council President Present
Bill Boyce Councilmember Present
Brenda Fincher Councilmember Present
Satwinder Kaur Councilmember Present
Marli Larimer Councilmember Present
Les Thomas Councilmember Present
Zandria Michaud Councilmember Present
3. AGENDA APPROVAL
A. Move to approve the agenda as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Toni Troutner, Council President
SECONDER: Les Thomas, Councilmember
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud
4. PUBLIC COMMUNICATIONS
A. Public Recognition
Mayor Ralph presented the COVID-19 Hate and Bias Proclamation and
thanked Councilmember Kaur for requesting the Proclamation.
i. Appointment to the Public Facilities District Board
Mayor recommended Zenovia Harris for appointment to the Public Facilities
District Board.
B. Community Events
None
C. Public Safety Report
Chief Padilla presented the Public Safety Report that included awarding a
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Kent City Council City Council Regular Meeting
Minutes
May 19, 2020
Kent, Washington
Page 2 of 7
second Lifesaving Medal to Officer Jason Nixon. Officer Nixon is being
commended for his compassion in taking the time to stop, even while off
duty, to help in a serious situation.
Chief Padilla awarded Lifesaving Medals to Garth Corner and Corey Eaton.
Officers Corner and Eaton are being commended for their extraordinary
actions which were instrumental in saving a victim's life.
Chief Padilla provided details on the status of recent major crimes.
Chief Padilla expressed appreciation of staff that he had to let go today and
assured residents that the Kent Police Department is capable and ready to
respond to emergency services and deliver public safety in the way the City
deserves it.
5. REPORTS FROM COUNCIL AND STAFF
A. Mayor Ralph's Report
Mayor Ralph expressed appreciation for the work of all city staff and
indicated she is sad that staff have been affected by layoffs and reductions to
working hours.
Mayor Ralph expressed appreciation of the Kent Parks Recreation Staff and
detailed the many summer events that have been cancelled.
Mayor Ralph recognized Derek Matheson for his guidance and work during
this budget reduction process.
B. Chief Administrative Officer's Report
Chief Administrative Officer, Derek Matheson advised that in addition to
evaluating operating budget reductions, staff also considered cost saving
activities for capital projects.
Matheson advised that Economic Development continues to look for new
ways to support local businesses and will evaluate the CARES Grant funding
to support job trainings and the small business community.
Matheson advised of the progress in bringing staff back into City offices.
Matheson advised his written report is in today's agenda packet and there is
no executive session tonight.
C. Councilmember's Reports
Council President Troutner provided a brief overview of the budget
presentation that was made during tonight’s workshop and expressed
appreciation of staff for their work on the budget reduction exercise.
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Kent City Council City Council Regular Meeting
Minutes
May 19, 2020
Kent, Washington
Page 3 of 7
Councilmember Kaur serves on the Sound Cities Association Domestic
Violence Initiative Regional Task Force that met and discussed the increase in
domestic violence calls that did not always result in an arrest. Visit the King
County webstie for resources or contact the Protection Order Advocacy
Program at 206-477-3758.
Councilmember Kaur chairs the Sound Cities Association Puget Sound Clean
Air Agency Advisory Council. Kaur provided details on the air pollution and
transportation planning presentations.
Councilmember Kaur serves on the Association of Washington Cities State
and Federal Policy Committee. The committee is working on the draft
statement of policy document that serves as a framework for setting the
Annual Policy Agenda.
Councilmember Kaur requested a moment of privilege and recognized Kent
resident LeeLee Smith for her efforts to help Kent families. Visit “The Sharing
Pantry - Kent East Hill” for more information.
Councilmember Larimer serves on the Sound Cities Association Advisory
Council on Aging and Disability Services. The Council heard an update from
the Public Health Department. Larimer provided details on celebrating “Older
Americans Month” during the month of May. The theme for 2020 is “Make
your Mark,” and you can share your #OAM2020 plans and stories on social
media. Larimer suggested visiting the Kaiser Permanente website for an easy
do it yourself face mask pattern.
Councilmember Larimer serves on the Sound Cities Association Affordable
Housing Committee that recently discussed what is happening to housing due
to COVID-19 and what could be coming in the next year. Even in a recession,
housing prices increase due to people becoming less mobile. There are less
corporate incentives and less incentives for buildings. The committee will
reorient their work plan and priorities to address the new challenges.
Councilmember Boyce serves on the Sound Cities Association Public Issues
Committee. Mayor Ralph recently addressed the committee and discussed
COVID-19 issues. The COVID-19 Hate & Bias Proclamation will be before the
SCA Board. The committee also discussed not increasing the fees and rates
due to COVID-19.
Councilmeber Fincher indicated that people may feel isolated and may have a
need to reach out for help during this COVID-19 time. Contact the 24 hour
Crisis Line at 206-461-3222 for help.
6. PUBLIC HEARING
Mayor Ralph provided a brief overview of tonight's public hearing process for
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Kent City Council City Council Regular Meeting
Minutes
May 19, 2020
Kent, Washington
Page 4 of 7
the Targeted Residential Investment Program (“TRIP”).
Mayor Ralph opened the public hearing.
Long Range Planning Manager, Hayley Bonsteel gave the staff presentation
The program of requirements to qualify for MFTE program per RCW 84.14,
designed specifically to meet Kent’s housing supply needs in Downtown and
Midway. This is a tax exemption on improvements, not on land.
Bonsteel provided the details of the Midway and Downtown RTA 8 and 12-
year plans and provided key details on the importance of structured parking.
Bonsteel advised of the benefits of urban residential development, weighed
the benefits of adopting and not adopting the TRIP, detailed the housing
units affordable to different income levels chart and how the program
supports adopted policy.
Bonsteel closed her presentation by indicating the TRIP implements adopted
city policy, is a critical tool to help realize community vision and helps Kent
shape our development future.
Councilmember Fincher spoke against the program as presented and
expressed a desire to have the 30% AMI option for the 8-year plan also.
Councilmember Thomas spoke in support of the program as presented.
Larimer spoke in support of the program.
Councilmember Kaur spoke against the program as presented and expressed
a desire to have the 30% AMI option for the 8-year plan also.
Council President Troutner spoke in support of the program as presented.
Councilmember Boyce spoke in support of the program as presented.
Mayor Ralph advised four written comments were received and paraphrased
their comments that will be admitted into the record. Comments were
received by:
Eli Hanacek from CBRE, Cristina Kapela Dugoni, JD., from Davis Investors
and Management, LLC, John Hempelmann from Cairncross & Hemplemann
and Ivana Halvorsen from Barghausen Consult Engineers.
Council President Troutner moved to submit the written comments
into the records, seconded by Councilmember Thomas. The motion
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Kent City Council City Council Regular Meeting
Minutes
May 19, 2020
Kent, Washington
Page 5 of 7
passed 6 AYES (Boyce, Fincher, Kaur, Michaud, Thomas) 1 NAY
(Kaur).
Council President Troutner moved to close the public hearing,
seconded by Councilmember Thomas, the motion passed
unanimously 7-0.
A. Public Hearing on the Ordinance Adopting the Targeted
Residential Area Investment Program - Adopt
MOTION: Adopt Ordinance No. 4360, designating Downtown
Kent and Midway as Targeted Residential Areas for purposes of
ad valorem property tax exemptions pursuant to RCW 84.14.
RESULT: ADOPTED [5 TO 2]
MOVER: Bill Boyce, Councilmember
SECONDER: Les Thomas, Councilmember
AYES: Troutner, Boyce, Larimer, Thomas, Michaud
NAYS: Fincher, Kaur
7. PUBLIC COMMENT
None.
8. CONSENT CALENDAR
Move to approve consent items A - E.
RESULT: APPROVED [UNANIMOUS]
MOVER: Toni Troutner, Council President
SECONDER: Les Thomas, Councilmember
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud
A. Approval of Minutes
1. Council Workshop - Workshop Regular Meeting - May 5, 2020 5:00 PM
2. City Council Meeting - City Council Regular Meeting - May 5, 2020 7:00
PM
3. Committee of the Whole - Committee of the Whole - Regular Meeting -
May 12, 2020 4:00 PM
B. Mill Creek at 76th Ave. Flood Protection Improvements –
Drainage Easement, Access Easement, and Temporary
Construction Easement - Authorize
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
May 19, 2020
Kent, Washington
Page 6 of 7
MOTION: Authorize the Mayor to sign a settlement agreement
along with all documents necessary for the acquisition of a
Drainage Easement, an Access Easement, and a Temporary
Construction Easement on portions of property owned by Earle
M. Jorgensen Company, located at 22011 76th Avenue South
(APN 122204-9110), for an amount not to exceed $818,600.00
subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
C. Appoint Zenovia Harris to the Public Facilities District Board of
Directors - Approve
MOTION: Approve the appointment of Zenovia Harris to fill the
recently vacated Position Number 5 of the Public Facilities
District Board, for the remainder of the 4-year term that will
expire on August 31, 2023.
D. Re-allocation of Lodging Tax Advisory Committee Funds for
Business Recovery Efforts - Authorize
MOTION: Authorize the Mayor to reallocate $50,000 from funds
previously awarded for outside consulting to the Economic
Development team to support new business recovery
initiatives, in light of the economic crisis brought about by
Covid-19, subject to final terms and conditions acceptable to
the Economic and Community Development Director and City
Attorney.
E. Consolidating Budget Adjustment Ordinance for Adjustments
between January 1, 2020 and March 31, 2020 - Adopt
MOTION: Adopt Ordinance 4359 authorizing consolidating
budget adjustments made between January 1, 2020 and March
31, 2020, reflecting an overall budget increase of $9,761,225.
9. OTHER BUSINESS
None.
10. BIDS
None.
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
None.
12. ADJOURNMENT
Mayor Ralph adjourned the meeting.
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Kent City Council City Council Regular Meeting
Minutes
May 19, 2020
Kent, Washington
Page 7 of 7
Meeting ended at 8:23 p.m.
Kimberley A. Komoto
City Clerk
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Pending Approval
Kent City Council - Committee
of the Whole
Committee of the Whole -
Regular Meeting
Minutes
May 26, 2020
Date: May 26, 2020
Time: 4:00 p.m.
Place: Chambers
1. CALL TO ORDER
Council President Troutner called the meeting to order.
2. ROLL CALL
Attendee Name Title Status Arrived
Toni Troutner Council President Present
Bill Boyce Councilmember Present
Brenda Fincher Councilmember Present
Satwinder Kaur Councilmember Present
Marli Larimer Councilmember Present
Zandria Michaud Councilmember Present
Les Thomas Councilmember Present
Dana Ralph Mayor Present
3. AGENDA APPROVAL
No changes were made to the agenda.
4. DEPARTMENT PRESENTATIONS
1. INFO ONLY: Kent Police Youth Board Presentation
Community Education Coordinator, Stacy Judd, along with members of the
Kent Police Youth Board gave the Committee a presentation on the work of
the board.
Grant Requirements:
•Complete community survey of Vape/Marijuana stores
•Create maps of areas surrounding surveyed locations and take pictures of ads,
window displays, etc.
•Present to local leadership organization
•Run YOU CAN ads on social media
•Create localized YOU CAN ads
•Present media awareness PowerPoint
Councilmembers expressed their appreciation of the Kent Police Youth Board
and their work to educate the public.
8.A.3
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Kent City Council - Committee of the Whole
Committee of the Whole - Regular Meeting
Minutes
May 26, 2020
Kent, Washington
Page 2 of 4
Anyone interested in joining the Youth Board, please contact Stacy Judd at
sjudd@kentwa.gov.
2. Consultant Services Agreement with Otak, Inc., for the Mill
Creek at 76th Avenue Flood Protection Improvements
Structural and Stream Geometry - Authorize
Design Engineer, Susanne Smith discussed the Consultant Services
Agreement with Otak, Inc. for Structural and Stream Geometry Design for
the Mill Creek at 76th Avenue South Flood Protection Improvements Project.
She provided a project overview which includes a culvert replacement,
habitat and vegetation improvements, raise 76th above FEMA flood elevation
as well as two grants from the State of Washington Department of
Commerce totaling $3 million and drainage fund.
MOTION: Authorize the Mayor to sign a Consultant Services
Agreement with Otak, Inc. for Structural Engineering and
Stream Geometry Consulting Services for the Mill Creek at 76th
Avenue South Flood Protection Improvements project in an
amount not to exceed $346,300., subject to final terms and
conditions acceptable to the City Attorney and Public Works
Director.
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 6/2/2020
7:00 PM
3. Resolution Adopting the Residential Traffic Calming Program -
ADOPT
City Traffic Engineer, Erik Preston presented the update on the Residential
Traffic Calming Program which gives the residents a formal process to bring
their concerns about speed and cut-through traffic on residential streets to
the attention of the City. Preston gave an overview of how the program will
work, specifically how the public can submit a request or contact the RTCP
and what the process will be following that initial request. The requests will
be reviewed, and data will be collected at the location of concern. If the area
of concern meets the qualification requirements set forth by RTCP then a
neighborhood meeting will be scheduled, a plan made, and ballots will be
mailed to every affected home in the study area. If the desired changes pass,
then the requested changes will be made, and a follow-up study will be done
to ensure that the residents’ concerns have been resolved.
MOTION: Adopt Resolution No. 2012, repealing Resolution No.
1817 and adopting a new Residential Traffic Calming Program
to better address quality of life concerns related to traffic in
residential neighborhoods by considering traffic speeds and
cut-through traffic as well as other neighborhood factors.
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Kent City Council - Committee of the Whole
Committee of the Whole - Regular Meeting
Minutes
May 26, 2020
Kent, Washington
Page 3 of 4
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 6/2/2020
7:00 PM
4. INFO ONLY: 2021-2026 Transportation Improvement Program
Senior Transportation Planner, April DelChamps presented the draft projects
for the 2020-2025 Transportation Improvement Program (TIP). There are
three types of changes, projects being removed, new projects and projects
with significant changes to either the description or the limits. DelChamps
reviewed all of these changes and updates at length.
DelChamps discussed next steps, to include a Public Hearing on June 16th so
that the TIP will be approved by June 30th as required by law.
5. Payment of Bills - Approve
MOTION: Approve the Payment of Bills
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 6/2/2020
7:00 PM
6. HCMA/Human Capital Management & Automation – Project
Budget, Contracts, and Change Orders - Authorize
Information Technology Director, Mike Carrington provided an extensive
overview of the Human Capital Management and Automation project.
Details on the reasons for the increase in the project budget from the $2.15
million to $4.39 million were provided.
MOTION: Establish a new budget for the HCMA project at $4.39
million; authorize the Mayor to sign all contracts, change
orders, and other documents necessary to advance the HCMA
project that cumulatively do not exceed the project budget,
subject to final terms and conditions acceptable to City
Administration and the City Attorney; ratify past actions
consistent with this motion; provide that future change orders
beyond the project budget, but within the overall City budget,
be authorized according to their amended contract values and
in accordance with the Kent City Code; and authorize the Mayor
to sign contract renewals under the terms of the project
contracts within established budgets.
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 6/2/2020
7:00 PM
5. ADJOURNMENT
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Kent City Council - Committee of the Whole
Committee of the Whole - Regular Meeting
Minutes
May 26, 2020
Kent, Washington
Page 4 of 4
Council President adjourned the meeting.
Meeting ended at 5:06 p.m.
Kimberley A. Komoto
City Clerk
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DATE: June 2, 2020
TO: Kent City Council
SUBJECT: Payment of Bills - Approve
MOTION: Approve the Payment of Bills received through 4/30/20 and paid
on 4/30/20, and audited by the Committee of the Whole on 5/12/20, and
approve the payment of bills received through 5/15/20 and paid on
5/15/20, and approve the checks issued for payroll 4/16/20 - 4/30/20
and paid on 5/5/20, and checks issued for payroll 5/1/20-5/15/20 and
paid on 5/20/20, and audited by the Committee of the Whole on 5/26/20.
SUMMARY:
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Approval of payment of the bills received through-----04/30/20
and paid:04/30/20
Approval of checks issued for Vouchers:
Date Amount
04/30/20 Wire Transfers 8280 8296 $2,002,261.65
04/30/20 Regular Checks 744438 744897 $7,310,539.00
04/30/20 Payment Plus 102216 102275 $882,471.31
Void Checks ($1,040.00)
04/30/20 Use Tax Payable $21,239.76
$10,215,471.72
Audited by the Committee of the Whole on -- 5/26/2020
Approval of payment of the bills received through-----05/15/20
and paid:05/15/20 .
Approval of checks issued for Vouchers:
Date Amount
05/15/20 Wire Transfers 8297 8312 $1,966,197.94
05/15/20 Regular Checks 744898 745131 $3,089,737.94
05/15/20 Payment Plus 102776 102310 $152,992.50
Void Checks $0.00
05/15/20 Use Tax Payable $1,086.60
$5,210,014.98
Approval of checks issued for Payroll:4/16/20-4/30/20
and paid:5/5/2020
Date Amount
5/5/2020 Checks 0.00
5/5/2020 Advices 451111 451851 1,815,904.15
5/5/2020 Voids and Reissues 0.00
1,815,904.15
Approval of checks issued for Payroll:5/1/20-5/15/20
and paid:5/20/2020
Date Amount
5/20/2020 Checks 0.00
5/20/2020 Advices 451852 452592 1,811,442.34
5/20/2020 Voids and Reissues 0.00
1,811,442.34
Document Numbers
Document Numbers
Document Numbers
Document Numbers
05/26/20 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 6/2/2020 7:00 PM
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DATE: June 2, 2020
TO: Kent City Council
SUBJECT: HCMA/Human Capital Management & Automation – Project
Budget, Contracts, and Change Orders - Authorize
MOTION: Establish a new budget for the HCMA project at $4.39 million;
authorize the Mayor to sign all contracts, change orders, and other
documents necessary to advance the HCMA project that cumulatively do
not exceed the project budget, subject to final terms and conditions
acceptable to City Administration and the City Attorney; ratify past actions
consistent with this motion; provide that future change orders beyond the
project budget, but within the overall City budget, be authorized according
to their amended contract values and in accordance with the Kent City
Code; and authorize the Mayor to sign contract renewals under the terms
of the project contracts within established budgets.
SUMMARY: The Human Capital Management and Automation (HCMA) project’s
primary objective is to systemically resolve the City’s human capital management
and automation “pay” related business process issues. Focus is placed on fixing and
improving Human Resources, Finance, Information Technology, and citywide
timekeeping workflows. Supporting this work will include the deployment of a new
business system technology platform - Workday, being implemented by
Collaborative Solutions, LLC, originally projected not to exceed $2.15 million. The
key business driver associated with HCMA is to minimize, and where possible
eliminate, sources of systemic process errors by implementing the necessary
measures to continually improve end-to-end personnel, employee benefits,
scheduling, timekeeping and payroll accuracy. This includes responsive time entry,
in-place and post-payroll processing.
There are two reasons for the increase in the project budget from the $2.15 million
Council established in October 2019 to the $4.39 million sought today: 1) actual
contract costs that came in higher than originally estimated, and 2) the reallocation
of planned (i.e. not unexpected) costs from other parts of the City budget to the
HCMA project budget.
The Council is familiar with public works projects, where an engineer or architect
estimates the cost, staff bids the project, and the low bid can come in under or over
the estimate. In addition, public works projects almost always have change orders
that increase costs during the construction phase and therefore the project budget
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usually includes a contingency. Technology projects are similar in that staff
estimates the cost, but actual contract costs can come in under or over the
estimate, resulting in projects that require change orders.
The original estimate for the Workday and Collaborative Solutions contracts was
$1.63 million and the actual contract costs came in at $2.79 million. A significant
reason for the contracts coming in over the original estimate is the vendors insisted
they include not only the cost of the capital project but future annual subscription
costs as well (3 full years). Therefore, staff needs to move expenses that were
expected to appear in future operating budgets into the HCMA capital project to
align with contract amounts.
The original estimate for change orders was $200,000 and change orders from
inception to date have totaled close to $300,000. The larger of the two change
orders moved the “go live” date from October to December 2020, in part due to
COVID-19-related scheduling challenges.
Other costs beyond ongoing subscriptions that staff did not expect to appear in the
project budget last fall include 1) a separate but closely related IT capital project
called Telestaff, and 2) costs associated with the IT project manager assigned to
the HCMA project. Telestaff at $106,400 integrates with Workday and makes the
system work more effectively for work groups with highly complex schedules and
pay calculations such as the City’s Police Department. The Mayor signed the
contract to originally acquire the Telestaff software, but Council approval is needed
to authorize the contract provisions that allow future renewals of the software at
the contracted for subscription cost. The IT project manager was originally included
in the IT operating budget. The position’s move into the HCMA capital project
budget is part of a larger reallocation that Council approved in the last budget
process that moved a portion of all IT project managers from the operating budget
to the appropriate capital project budgets consistent with best practices in
budgeting.
The original project budget also included funds to hire temporary limited term
and/or temporary staff to backfill current staff assigned to the project. The
estimate for this expense was $320,000 and the actual cost is forecasted at
$629,240. This includes partial coverage for the unexpected departure of the City’s
Accounting and Reporting Manager from the project/Finance department.
EXHIBITS:
1. Copies of the applicable change orders for Workday, Collaborative Solutions,
and Telestaff are included. The main contracts are voluminous and available
upon request.
2. US Communities Purchasing Cooperative Agreement
BUDGET IMPACT: The new budget for the HCMA project is being reestablished at
$4.39 million. Components of the budget include the Workday product at $982,763,
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Collaborative Solutions’ implementation services at $2,106,949 (includ ing all
change orders to date), Telestaff at $106,400, staff backfill at $629,240, project
management at $160,000, and a contingency of $400,000. Funding will come from
a combination of IT Capital Fund Balance, IT Operating accounts along with several
other Capital resource funds.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
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.
ATTACHMENTS:
1. Collaborative Solutions C01-City of Kent (DOCX)
2. Collaborative Solutions_C02-City of Kent Revised (002) (DOCX)
3. Kronos_47948 CO - CITY OF KENT, TSG, Telestaff (PDF)
4. USC MICPA 11-8-2018 (PDF)
05/26/20 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 6/2/2020 7:00 PM
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Project Change Order
March 9, 2020
Proprietary & Confidential 1
Project Change Order
This change order form is used for requesting, documenting and approving changes to the Workday
deployment including but not limited to: changes to project scope; changes for a major configuration
element; project timeline/schedule changes; integration specifications changes; addition of resources;
or any other deliverable change from the originally planned Workday deployment.
Summary
Customer: City of Kent
SOW/Project Name: PROJ_47494/City of Kent/pay
Change Order #: C01
Project Manager (Customer): Annette Pape, City of Kent
Project Sponsor (Customer): Teri Smith
Engagement Manager (CS): Wendy Landsiedel, Collaborative Solutions
Acceptance Due Date: March 27, 2020
Change Type: Contract Extension (additional hours added)
Impact Assessed by: Wendy Landsiedel, Functional Leads
Request Description
Desire to extend deployment timeline.
Business Purpose / Reason for Change
Deployment timeline was aggressive. Within the Architect stage it was recognized that the level of effort and
number of hours required to achieve such an aggressive pace could not be sustained with success. Additional
review of limited end-to-end testing also imposed risk that could impact overall project success. Extending the
project schedule will allow the teams to slow down and be thoughtful and detailed in their approach and more
importantly, avoid resource burnout.
Impact Assessment
Project Activities
Affected:
Increases to meetings as follows:
• 10 additional hours for workstream/consulting meetings for each resource for
the following functional areas: HCM, Recruiting, Compensation, Benefits,
Payroll, Time Tracking, Absence, Talent, Data Conversion, Integrations,
Reporting, and OC&T.
• 10 additional hours for internal status full team, cross-functional meetings for all
Collaborative resources.
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Project Change Order
March 9, 2020
Proprietary & Confidential 2
• 10 additional hours for status or consulting meetings with City of Kent for all
Collaborative resources.
• Testing support representation (36 hours/1 resource) from the following
functional areas: HCM, Recruiting, Compensation, Benefits, Payroll, Time
Tracking, Absence, Talent, Reporting, Data Conversion, and Analyst.
• Project Management to support all additional meetings and activities.
Project Schedule
Impact:
• Go Live date change to December 14, 2020 and extending contract expiration
date to January 5, 2021 from original end date of October 23, 2020.
• Configure & Prototype stage will be extended by 4 weeks.
• Test stage will be extended by 5 weeks.
• Deploy stage will be extended by 1 week.
• Post Go-Live will be extended by 1 week.
Estimated Effort
and Costs:
The following is the change in effort and cost estimate:
Role Rate Hours Cost
Portfolio Director $280 30 $8400
Functional Architect $240 30 $7200
Engagement Manager $240 226 $52240
HCM $185 76 $14060
Recruiting $185 76 $14060
Compensation $185 76 $14060
Benefits $185 96 $17760
Payroll $185 96 $17760
Time Tracking $185 76 $14060
Absence $185 76 $14060
Talent $185 66 $12210
Data Conversion $185 66 $12210
Reporting $185 66 $12210
Integrations $185 30 $5550
OC&T $185 30 $5550
Technical Analyst (Integrations) $120 30 $3600
Analyst (HCM, Recruiting, Comp, Benefits, Talent,
Data Conversion)
$120 116 $13920
Total 1262 $240910
Payment Terms
• This change order will be billed monthly based on actual usage (Time and Materials) at the rate
prescribed in the SOW and shown in the Estimated Effort and Cost table above.
Assumptions
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Project Change Order
March 9, 2020
Proprietary & Confidential 3
• This change order is for schedule change only and does not include any additional hours for changes to
scope, requirements, configuration, or unit testing.
• All Assumptions from the Statement of Work dated November 21, 2019 apply to this Change Order
Authorization
City of Kent Authorization Signature
Collaborative Solutions, LLC Authorization Signature
Name
Name
Title
President
Date
Date
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Project Change Order
March 16, 2020
Proprietary & Confidential 1
Project Change Order
This change order form is used for requesting, documenting and approving changes to the Workday
deployment including but not limited to: changes to project scope; changes for a major configuration
element; project timeline/schedule changes; integration specifications changes; addition of resources;
or any other deliverable change from the originally planned Workday deployment.
Summary
Customer: City of Kent
SOW/Project Name: PROJ_47494/City of Kent/pay
Change Order #: C02
Project Manager (Customer): Annette Pape, City of Kent
Project Sponsor (Customer): Teri Smith
Engagement Manager (CS): Wendy Landsiedel, Collaborative Solutions
Acceptance Due Date: March 27, 2020
Change Type: Post Architect Session Scope Change
Impact Assessed by: Wendy Landsiedel, Functional Leads
Business Purpose / Reason for Change
The proposed changes were identified during the Architect Sessions held in partnership with City of Kent. The
complexity and intricacy of the details involved in benefits, time keeping, absence, and payroll were unveiled
through detailed discussions surrounding current processes. In an effort to increase accuracy, focus on end -
user ease of transaction, and improve security the team made key business decisions that resulted in additional
scope and hours.
Request Description
Additional Scope as identified through the Architect stage of the Workday deployment in partnership with
Collaborative Solutions.
Function Scope Count
HCM Core Configuration of 1 additional financial organization for the use of
FUND, GRANT, PROGRAM, BU
Up to one (1)
Custom Object to track FTE on Position Up to one (1)
Compensation:
Core
Additional Compensation plans: Allowance Up to twenty-seven
(27)
Additional One-time payment plans Up to eight (8)
Additional Compensation steps Up to four hundred
ninety (490)
Benefits Additional Benefit plans: Group benefit plans into benefit plan
years
Up to sixty-seven (67)
8.C.b
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Project Change Order
March 16, 2020
Proprietary & Confidential 2
Function Scope Count
Additional Benefit groups: Based on eligibility criteria Up to four (4)
Additional Enrollment events Up to seventeen (17)
Additional Enrollment rules Up to seven (7)
Configure tenant for the open enrollment cycle. Plan & provider
counts must adhere to the defined number of plans & providers
above
Performance
Management
Configuration of competencies and goals in Workday to be
completed by City of Kent. Up to eighty-five (85) competencies
to be delivered.
Up to eighty-five (85)
Conversion of Core Talent Data: Certifications Up to five (5)
Recruiting Additional Offer letter template(s) Up to one (1) (up to
eight (8) conditional
text blocks per letter)
Learning
Management
Removed from scope
Absence
Management
Additional Time-off plans (accruing) Up to nine (9)
Configuration: Maintain time-off types, eligibility, plans, accruals,
calculations, and balance periods.
Up to one hundred
forty-seven (147)
Additional Leave types with entitlement Up to eight (8)
Additional Leave types for intermittent enable Up to eight (8)
Time Tracking Additional Time entry codes Up to nine (9)
Additional Time calculations Up to thirty-five (35)
Additional Time tracking templates Up to three (3)
Additional Work schedule calendars to be completed by City of
Kent
Up to forty-five (45)
Payroll Additional Earning Codes Up to seventy-five (75)
Additional Deduction codes Up to fifty (50)
Additional payroll calculation rules proportionate to additional
earning and deduction codes
Establish new payroll accounting to depend on organization
structures and the use of FUND, PROGRAM, and GRANT
Up to one (1)
Payroll History: Additional support hours required to convert
current Year-To-Date wage and tax data (payroll) including
taxable wages and subject wages, for federal, state/province, and
local taxes reconciled to tax returns loaded as quarterly data due
to configuration complexity. (Active Employees and Employees
paid within current calendar(go-live) year and Retirees.
Reporting Creation of reports to support City of Kent in DRS, W2, and GL
reporting. Reports should contain the information necessary for
City of Kent to create agency specific reports. All hours
previously in scope for these integrations will be moved to
reporting (390).
Integrations See table immediately following (-190)
8.C.b
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Project Change Order
March 16, 2020
Proprietary & Confidential 3
Impact Assessment
Project Activities
Affected:
• Collaboration
• Configuration
• Migration from tenant to tenant
• Testing
• Data Conversion
Project Schedule
Impact:
• Project schedule impact has been adjusted as a separate change order.
• Delays in change order approval for funding could add further schedule impacts.
Estimated Effort
and Costs:
The following is the change in effort and cost estimate:
Role Rate Hours Cost
Functional Architect $240 30 $7,200
HCM $185 30 $5,550
8.C.b
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Project Change Order
March 16, 2020
Proprietary & Confidential 4
Learning $185 -423 ($78,255)
Recruiting $185 12 $2,220
Compensation $185 75 $13,875
Benefits $185 203 $37,555
Payroll $185 510 $94,350
Time Tracking $185 193 $35,705
Absence $185 216 $39,960
Talent $185 45 $8,325
Reporting $185 390 $72,150
Integrations $185 -190 ($35,150)
Analyst (HCM, Recruiting, Comp, Benefits, Talent,
Data Conversion)
$120 270 $32,400
Travel Budget Reduction (CCS & June Testing) ($37,000)
Meetings hours budget reduction from SOW* ($142,720)
Total $56,165
Payment Terms
• This change order will be billed monthly based on actual usage (Time and Materials) at the rate
prescribed in the SOW and shown in the Estimated Effort and Cost table above.
Assumptions
• This change order reflects extensive review of level of effort by multiple subject matter experts and is
accurate based on the information provided in discussions and documentation as captured and
reviewed within the Architect phase of the project.
• All Assumptions from the Statement of Work dated November 21, 2019 apply to this Change Order
Authorization
City of Kent Authorization Signature
Collaborative Solutions, LLC Authorization Signature
Name
Name
Title
President
Date
Date
8.C.b
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Project Change Order
March 16, 2020
Proprietary & Confidential 5
*Meetings hours budget detail:
Role Rate Hours Cost
John Gilman $185 36 $6,660
Vicki Stevenson $185 36 $6,660
Alecia Holmes $185 36 $6,660
Tracie Rogers $185 36 $6,660
Valerie Sneed $185 36 $6,660
Taylor Ehrlich $120 36 $4,320
Rachel Taylor $185 36 $6,660
Steph Mehmen $240 36 $6,660
Katja Schmidt $185 36 $6,660
Lauren McCombs $185 36 $6,660
Rachel Levy $185 36 $6,660
Wendy Landsiedel $185 28 $6,720
Lauren Drozynski $240 36 $8,640
Brennan Borunda $185 36 $6,660
Barbara Neel $185 36 $6,660
Jo Nading $185 36 $6,660
Ryan Roberts $280 28 $7,840
David Curtis $185 36 $6,660
Kevin Hare $185 36 $6,660
Latrice Brown $185 36 $6,660
Meetings hours budget reduction
from SOW*
740 ($142,720)
8.C.b
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PROJECT CHANGE ORDER FORM
Customer Name CITY OF KENT Solution ID 6164416
Bill-to
6164416
CITY OF KENT
220 4TH AVE S
KENT WA
98032-5838
US
Ship-to
6164416
CITY OF KENT
220 4TH AVE S
KENT WA
98032-5838
US
Payment Terms Net 30 Days Customer
Purchase Order Daniel Crabtree
Kronos Practice Public Sector 20127 Sales Person Customer to provide
Project # 47948 Operating Unit /
Currency KRONOS US OU / USD
New Task Required Yes New Order
Required No
Project Budget Impact
Billing Role Item UOM Contract
Type
Previous
Order #
Qty Minus
Decreases Rate Ext Amount
Solution
Consultant
9990057-PRO
HR
Estimate
40 180.00 7,200.00
Solution
Developer
9990057-PRO
HR
Estimate
40 180.00 7,200.00
Totals 80.00 14,400.00
Amounts exclude tax
Authorization Signatures
(I authorize the change to the Kronos Project Budget, as described above, and I authorize Kronos to invoice for the amount ap plicable.)
Customer Project Manager
* Signature Date
8.C.c
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Comments
Additional hours to participate in 3rd party vendor (Workday) discovery discussion and testing activities .
Order Management Internal Use Only
If Change Order processed please check box Date
8.C.c
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MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT
This Master Intergovernmental Cooperative Purchasing Agreement (“Agreement”) is made between certain government
agencies that execute a Lead Public Agency Certificate (collectively, “Lead Public Agencies”) to be appended and made a
part hereof and other government agencies (“Participating Public Agencies”) that agree to the terms and conditions hereof
through the U.S. Communities registration process and made a part hereof.
RECITALS
WHEREAS, after a competitive solicitation and selection process by Lead Public Agencies, in compliance with their own
policies, procedures, rules and regulations, a number of suppliers (each, a “Contract Supplier”) have entered into Master
Agreements with Lead Public Agencies to provide a variety of goods, products and services based on national and
international volumes (herein “Products and Services”);
WHEREAS, Master Agreements are made available by Lead Public Agencies through U.S. Communities and provide that
Participating Public Agencies may purchase Products and Services on the same terms, conditions and pricing as the Lead
Public Agency, subject to any applicable local purchasing ordinances and the laws of the State of purchase;
WHEREAS, the parties desire to comply with the requirements and formalities of any intergovernmental cooperative act, if
applicable, to the laws of the State of purchase;
WHEREAS, the parties hereto desire to conserve resources and reduce procurement cost;
WHEREAS, the parties hereto desire to improve the efficiency, effectiveness and economy of the procurement of necessary
Products and Services;
NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result,
the parties agree as follows:
1. That each party will facilitate the cooperative procurement of Products and Services.
2. That the procurement of Products and Services subject to this Agreement shall be conducted in accordance with and subject
to the relevant statutes, ordinances, rules and regulations that govern each party’s procurement practices.
3. That the cooperative use of solicitations obtained by a party to this Agreement shall be in accordance with the terms and
conditions of the solicitation, except as modification of those terms and conditions is otherwise allowed or required by
applicable law.
4. That the Lead Public Agencies will make available, upon reasonable request and subject to convenience, information which
may assist in improving the effectiveness, efficiency and economy of Participating Public Agencies’ procurement of
Products and Services
5. That the Participating Public Agency will make timely payments to the Contract Supplier for Products and Services received
in accordance with the terms and conditions of the procurement. Payment, inspections and acceptance of Products and
Services ordered by the Participating Public Agency shall be the exclusive obligation of such Participating Public Agency.
Disputes between the Participating Public Agency and Contract Supplier are to be resolved in accordance with the
applicable laws and venue rules of the State of purchase.
6. The Participating Public Agency shall not use this Agreement as a method for obtaining additional concessions or reduced
prices for similar products or services.
7. The Participating Public Agency is solely responsible for ordering, accepting, and paying and any other action, inaction or
decision regarding the Products and Services obtained under this Agreement. A Lead Public Agency shall not be liable in
any fashion for any violation by a Participating Public Agency, and the Participating Public Agency shall be responsible for
its own conduct to the extent permitted by law.
8. The exercise of any rights or remedies by the Participating Public Agency shall be the exclusive obligation of such
Participating Public Agency.
9. This Agreement shall remain in effect until termination by a party giving thirty (30) days prior written notice to U.S.
Communities at 2999 Oak Road, Suite 710, Walnut Creek, CA 94597.
10. This Agreement shall become effective after execution of the Lead Public Agency Certificate or
Participating Public Agency registration, as applicable.
MICPA Version 08.01.18
8.C.d
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LEAD PUBLIC AGENCY CERTIFICATE
I hereby acknowledge, on behalf of I'qiiff&x CftUtyfy lfft(the "Lead Public Agency") that I have read and
agree to the general terms and conditions set forth in the enclosed Master Intergovernmental Cooperative
Purchasing Agreement, (MICPA) regulating the use of the Master Agreements and purchase of Products
that from time to time are made available by Lead Public Agency to Participating Public Agencies
nationwide through U.S. Communities. Copies of Master Agreements and any amendments thereto made
available by Lead Public Agency will be provided to Suppliers and U.S. Communities to facilitate use by
Participating Public Agencies.
I understand that the purchase of one or more Products under the provisions of the MICPA is at the sole
and complete discretion of the Participating Public Agency.
Authorized Signature, Lead Public Agency
JjiLjut' 9, 2-0iA
Date
MICPA Version 8.1.15
8.C.d
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Lead Public Agency Certificate
LEAD AGENCY CERTIF'ICATE
(
I hereby acknowledge, on behalf of (the "Lead Public Agency") that I have
forth in the enclosed Masterread and agree to the generalterms and set
lntergovernmental Cooperative Purchasing Agreement, (MICPA) regulating the use of the Master
Agreements and purchase of Products that from time to time are made available by Lead Public
Agency to Participating Public Agencies nationwide through U.S. Communities. Copies of Master
Agreements and any amendments thereto made available by Lead Public Agency will be
provided to Suppliers and U.S. Communities to facilitate use by Participating Public Agencies.
I understand that the purchase of one or more Products under the provisions of the MICPA is at
the sole and complete discretion of the Participating Public Agency.
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M|CPAVersion 8.1.15
8.C.d
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Lead Public Agency Certificate
LEAD PUBLIC AGENCY CERTIFICATE
11 ‘A. (4- iS)Or&Ar45-.? I hereby acknowledge, on behalf of It' _ the Lead ublic Agency") that I have
read and agree to the general terms and conditions set forth in the enclosed Master
Intergovernmental Cooperative Purchasing Agreement, (MICPA) regulating the use of the Master
Agreements and purchase of Products that from time to time are made available by Lead Public
Agency to Participating Public Agencies nationwide through U.S. Communities. Copies of Master
Agreements and any amendments thereto made available by Lead Public Agency will be
provided to Suppliers and U.S. Communities to facilitate use by Participating Public Agencies.
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Authorized Signature, Lead Public Agency
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Date
MICPA Version 8.1.15
8.C.d
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Lead Public Agency Certificate
LEAD PUBLIC AGENCY CERTIFICATE
I hereby acknowledge, on behalf of Washington County Public Schools (the "Lead Public
Agency") that I have read and agree to the general terms and conditions set forth in the enclosed
Master Intergovernmental Cooperative Purchasing Agreement (MICPA) regulating the use of the
Master Agreements and purchase of Products that from time to time are made available by Lead
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8.C.d
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DATE: June 2, 2020
TO: Kent City Council
SUBJECT: Consultant Services Agreement with Otak, Inc., for the Mill
Creek at 76th Avenue Flood Protection Improvements
Structural and Stream Geometry - Authorize
MOTION: Authorize the Mayor to sign a Consultant Services Agreement
with Otak, Inc. for Structural Engineering and Stream Geometry Consulting
Services for the Mill Creek at 76th Avenue South Flood Protection
Improvements project in an amount not to exceed $346,300., subject to
final terms and conditions acceptable to the City Attorney and Public
Works Director.
SUMMARY: The Mill Creek at 76th Avenue South Flood Protection Improvements
project consists of improving the Mill Creek channel, replacing culverts, adding
habitat improvements, planting stream vegetation and raising 76th Avenue South
above the FEMA base flood elevation. In 2018, the City received a State of
Washington Department of Commerce grant for $2 million dollars and in 2019 the
City received an additional State of Washington Department of Commerce grant for
$1 million dollars.
Consultant services are needed for retaining wall designs, structural design for
three bridges to replace undersized culverts, a technical information report, stream
geometry analysis and design for construction plans and specifications.
BUDGET IMPACT: The contract will be paid for using budgeted storm drainage
funds and grant funds.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
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.
8.D
Packet Pg. 61
ATTACHMENTS:
1. Consultant Services Agreement with OTAK (PDF)
05/26/20 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 6/2/2020 7:00 PM
8.D
Packet Pg. 62
CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Otak, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter
the "City"), and Otak, Inc. organized under the laws of the State of Washington, located and doing business
at 11241 Willows Road NE, Suite 200, Redmond, WA 98052, Phone: (425) 739 -7965, Contact: Lori
McFarland (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following described
plans and/or specifications:
The Consultant shall provide final design services for the Mill Creek at 76th Avenue South
Flood Protection Improvements Project. For a description, see the Consultant's Scope of Work
which is attached as Exhibit A and incorporated by this reference.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work
described in Section I by December 31, 2021.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
Three Hundred Forty Six Thousand, Three Hundred Dollars ($346,300.00), for the services
described in this Agreement. This is the maximum amount to be paid under this Agreement
for the work described in Section I above, and shall not be exceeded without the prior written
authorization of the City in the form of a negotiated and executed amendment to this
agreement. The Consultant agrees that the hourly or flat rate charged by it for its services
contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year
from the effective date of this Agreement. The Consultant's billing rates shall be as delineated
in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and a
final bill upon completion of all services described in this Agreement. The City shall provide
payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any
portion of an invoice, it shall notify the Consultant and reserves the option to only pay that
portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
8.D.a
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CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant’s services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Consultant’s services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal Revenue
Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant’s
business, and has obtained a Unified Business Identifier (UBI) number from the State
of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of its
business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within t he
Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the
City’s use of Consultant’s records or data is not related to this project, it shall be without liability or legal
exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who
is qualified and available to perform the work to which the employment relates. Consultant shall execute
the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultan t's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds
to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials,
employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless,
and Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
8.D.a
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CONSULTANT SERVICES AGREEMENT - 3
(Over $20,000)
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then
Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and
reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal
on the Consultant’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable
accuracy of any information supplied by it to Consultant for the purpose of completion of the work under
this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by
the Consultant. Consultant shall make such data, documents, and files available to the City upon the City’s
request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act
codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate
fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use
or reuse of any of the documents, data, and files created by Consultant for this project by anyone other
than Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with
the authority to control and direct the performance and details of the work authorized under this Agreement,
the work must meet the approval of the City and shall be subject to the City's general right of inspection to
secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials,
tools, or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
8.D.a
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CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the add ressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be made
without additional written consent.
F. Modification. No waiver, alteration, or modificati on of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part of
or altering in any manner this Agreement. A ll of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Consultant's
business, equipment, and personnel engaged in operations covered by th is Agreement or accruing out of
the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the
City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties
and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code.
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8.D.a
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CONSULTANT SERVICES AGREEMENT - 5
(Over $20,000)
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of
counterparts, each of which shall constitute an original, and all of which will together constitute this one
Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the
other by fax or email and that signature shall have the same force and effect as if the Agreement bearing
the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONSULTANT:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Dana Ralph
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
Lori McFarland
Otak, Inc.
11241 Willows Road NE, Suite 200
Redmond, WA 98052
(425) 739-7965 (telephone)
(425) 822-4446 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
Kent City Clerk
P:\Public\Administration\Contracts\Contracts Prepared (Kathi)\Otak
8.D.a
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EEO COMPLIANCE DOCUMENTS - 1
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex,
race, color, national origin, age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
8.D.a
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EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and state
laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal
employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
8.D.a
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EEO COMPLIANCE DOCUMENTS - 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
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k:\project\33000\33048\contract\33048a final design\mill creek culvert replacement scope_2020_0514.docx
Exhibit A
City of Kent
Mill Creek at 76th Avenue S Flood Protection Improvements
Final Design
Otak Project No. 33048
Scope of Services
The project is part of Project A-7 in the City of Kent Master Drainage Plan (September 2008). The project relates
to other planned work with a sediment removal project downstream and upstream of the culverts described as the
Mill Creek Re-establishment Project, raising the road grade of 76th Avenue S known as the 76th Avenue S
Improvements Project, and this project as the Mill Creek at 76th Avenue S Flood Protection Improvements Project.
These projects equally serve the goal of reducing flooding to the roadway and adjacent properties. Providing
“complete street” improvements is also a goal and may be included in both projects, depending on phasing of the
work.
The flood protection project will consist of replacing five existing culverts with three bridges, revisions to the creek
alignment, cross section and grade, and will be coordinated with the 76th Avenue S Improvements project. Otak’s
scope for this contract is limited to the creek crossing structure design and stream revisions.
As a result of a first design phase which included alternatives analysis, the City of Kent has selected the preferred
alternative as described below. The preferred alternative depends in part on the results of on-going coordination
with property owners to obtain property rights, and acceptance from permitting agencies. This scope assumes
that the preferred alternative will be developed through final design with construction estimated to align with the
in-water-work window beginning in August 2021. While the project is combined into the Joint Aquatic Resource
Permit Application (JARPA) for the Mill Creek Re-establishment project that will remove excessive sediment
deposits from the adjacent reaches of stream, this project is not expected to be constructed at the same time.
The preferred alternative will include stream and structures design for three crossings to replace undersized
culverts through a stretch of Mill Creek approximately 950 feet in length. Two crossings are under driveways
shared by businesses at 22011 76th Avenue S and 22203 76th Avenue S. The third crossing is at 76th Avenue S
near the south property line of 22203 76th Avenue S. The alignment of the stream will be modified at the third
crossing to improve the radius of the 90° bend (referred to as Alignment B in the Type, Size and Location (TS&L)
Report). The preferred structure type is a precast prestressed wide flanged girder (PCPS WF) bridge with a cast-
in-place (CIP) deck for all three crossings. The two driveway crossings will have a span length of 46 feet and
approximate widths of 65 feet and 80 feet. The roadway crossing will have a minimum span length of 32 feet and
a width of approximately 80 feet. It is expected that walls above the ordinary high water mark will be needed to
conserve space for stream cross-section and the design is considered part of this scope.
The work will be accomplished under separate tasks with each requiring a separate notice to proceed. Project
management is included in each task.
Project Schedule
The project delivery schedule is as follows, multiple task NTP’s may occur simultaneously and not necessarily in
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Mill Creek at 76th Avenue S Flood Protection Improvements Project – Final Design May 14, 2020
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the order below. NTP will be paired for Tasks 3 and 4, and Tasks 6 and 7.
Task 1 – Alternatives Analysis – Immediately after NTP
Task 2 – 30% stream geometry design – two months after task NTP
Task 3 – 50% stream geometry design – three months after task NTP
Task 4 – 50% bridge and retaining wall design – three months after task NTP
Task 5 – Technical Information Report – two months after task NTP
Task 6 – 100% stream geometry design – four months after task NTP
Task 7 – 100% bridge and retaining wall design – four months after task NTP
The anticipated duration of the reviews by the City is 3 weeks for each task. Review time by WDFW, Ecology, and
the Corps of Engineers will be estimated in the project schedule. Mutually agreeable changes to the project
schedule, whether initiated by the City or Otak, may be the basis for adjustments in the project budget.
Items and Services to Be Furnished by the City
The City will provide the following items and services. Otak is entitled to rely on the accuracy and completeness of
this and other data furnished and represented by the City and others.
Available as-built drawings and information on other projects in the immediate vicinity.
CADD standards and City Standard Design Details.
Site boundary and topographic survey including utilities critical area boundaries and existing ground surface.
Utility coordination including temporary relocations during construction and permanent utility plans.
Right-of-way plan.
Rights-of-entry upon all lands necessary for the performance of the work, including official notices to property
owners and agencies.
Timely reviews of Otak submittals at the mutually agreed upon times according to the project schedule and
the consolidation of all review comments by others onto one review set prior to return to Otak.
Payment of all application reviews and/or permit fees.
Geotechnical information as needed for structural design.
The City will prepare any exhibits needed for property owner coordination, public outreach, utility coordination.
A LOMR, if required, will be prepared by others.
Design Criteria
The City will establish the project parameters and design criteria. Reports and plans shall be developed in
accordance with the latest edition and amendments as of the date of the contract Notice to Proceed, for the
following documents. Changes in any design standards or requirements after work has begun may result in Extra
Work.
Agency Manual or Guidelines
City of Kent Kent Design and Construction Standards Manual 2009 and
Standard Plans, including updated standards
Kent 2017 Surface Water Design Manual
Kent Drafting/CADD Standards
Washington State Department of
Transportation (WSDOT)
Washington State Department of Transportation Standard
Specifications for Road, Bridge, and Municipal Construction (M41-
10), current version
Bridge Design Manual (BDM) (M23-50), June 2018
Geotechnical Design Manual (GDM) (M46-03), May 2018
8.D.a
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Mill Creek at 76th Avenue S Flood Protection Improvements Project – Final Design May 14, 2020
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American Association of State
Highway and Transportation Officials
(AASHTO)
Load and Resistance Factor Design (LRFD) Bridge Design
Specifications 7th Edition, 2014 with the current Interims
United States Department of
Transportation, Federal Highway
Administration (FHWA)
Rockery Design and Construction Guidelines, November 2006
FHWA Publication No. FHWA-CFL/TD-06-006
Washington Department of Fish and
Wildlife (WDFW)
Water Crossing Design Guidelines, 2013
Integrated Streambank Protection Guidelines, 2002
Stream Habitat Restoration Guidelines, 2012
Other King County Surface Water Design Manual 2016
U.S. Army Corps of Engineers and Ecology Mitigation Plan
Guidance
Task 1: Alternatives Analysis
Additional hydraulic alternatives developed to an approximately 20-percent design level, including horizontal
alignment, cross-section, footprint layout, and vertical alignment of culvert replacements and roadway and
driveway improvements/restoration.
Based on a new alternative, additional hydraulic evaluation to check maximum velocities and depths at the 2-,
25-, and 100-year peak discharges.
Based on a new alternative, additional structural analysis including:
a. Revisions to stream geometry
b. Geotechnical coordination
c. Structure geometry relative to the roadway and adjacent improvements
d. Development of culvert/bridge structure type options for the new alternative dimensions
e. Develop foundation type options
f. Develop preliminary sketches and costs of each option
Revisions to the Type, Size, Location (TS&L) Memorandum to incorporate the new alternative.
Revisions to the JARPA exhibits for the new alternative.
Project Management
Otak will manage their work to ensure effective and efficient communication between Otak and City project team
members, submittal of invoices in a timely manner, proactively anticipating and resolving problems and ensuring
quality products that meet the project’s goals and objectives. Otak’s project manager and other appropriate staff
will participate in coordination and design meetings as needed. Hours for project management, site visits, and
meetings are incorporated into the following tasks below.
Assumptions:
Site visits for up to six staff
Weekly project status email
Bi-weekly phone meetings
Up to 24 staff hours attending meetings at the City
Project management for up to 12 months
Task 2: 30-Percent Stream Geometry Design
2.1 30-Percent Stream Design
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Otak will perform a field assessment to record observations and gather field measurements documenting
stream characteristics at the culvert locations, as well as the immediate upstream and downstream reaches
to prepare qualitative assessments and take field measurement and photographs regarding: bed material,
particle size distribution, habitat type, sediment transport processes, and man-made channel alterations.
Field data will be collected to identify the spatial distribution of the following:
· Bed material characteristics.
· Channel form and process using channel evolution classification.
· Reach-scale channel processes including sediment sources, transport, and deposition
· Relative abundance of large and small woody debris and their effects on channel stability.
· Hydraulic controls/constrictions not previously identified
Otak will use the information collected during the field assessment to document geomorphic
recommendations for designing the stream channel including gravel size for bed material, stable channel
dimensions. The documentation and recommendations will be included in a Basis of Design Memorandum.
Otak will develop a 30-percent design for stream improvements consisting of plan and profile sheets with
typical sections.
Assumptions:
The channel dimensions and floodplain as space permits will fit within the structure spans previously
selected by the City, using bankfull width recommended in Otak’s technical memorandum Mill Creek
Road Crossing Analysis dated April 17, 2019.
2.1.1 Hydraulic Analysis
Otak and the City will have one meeting to coordinate with the consultant that is preparing the LOMR to
verify that Otak’s methodology provides the data consistent with the needs of the LOMR work.
Otak will complete hydraulic analyses using HEC-RAS, based on topographic survey data collected for the
stream channel. The model domain will extend approximately 300’ upstream and 300’ downstream of the
most upstream and downstream culverts to evaluate any effects on upstream or downstream properties and
to verify compliance with the zero-rise requirement for the City. The hydraulic analysis will be used to verify
water surface elevations, minimum freeboard and debris clearance, as well as velocities for confirming
stable channel dimensions and bed material.
A stable channel analysis will be performed using analytical methods following accepted methods in WDFW
guidelines for stream simulation culverts, based on the hydraulic model results. The results of the analysis
will be used to confirm bed material gradation, and stable channel dimensions and gradient for the stream
simulation culvert.
Assumptions:
The HEC-RAS hydraulic analysis and model will be provided, but no zero-rise report will be prepared.
2.2 Sediment Source Management Design
Flows from the downtown core enter Mill Creek near the south end of the project through the Boeing Creek
tributary. Heavy sediment plumes have been observed at this outfall. Otak will participate in a field visit with
the City to identify sources and volumes of sediment supply. The flow from the downtown core will be
analyzed to identify methods of sediment management. Up to three concepts will be proposed prior to
submittal of the 30-percent design. Sediment source management concepts that may be considered include
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a settling vault at the outfall, a settling basin located upstream of the outfall, stabilization of eroding reaches
of the Boeing Creek tributary, and/or revegetation of disturbed or eroding areas within the downtown core. If
the City’s preferred method is located within this project’s limits, it will be incorporated into the submittal.
Assumptions:
Field work will be accomplished in one field day with two Otak staff
Up to three concepts will be prepared with only one to be carried forward into the 30-percent submittal
This task will require a separate Notice to Proceed from the other Task 2 work.
2.3 Off-site Stormwater Management Design
Privately-owned water quality swales and water quality ponds will be impacted by the stream improvements.
Otak will prepare planning-level design concepts, with the primary goal of minimizing footprint and restoring
the water quality treatment functions intended for these facilities.
Assumptions:
Up to two swales and three ponds will be impacted
If available, as-constructed record drawings and TIRs for the existing swales and ponds will be provided
by the City. If not available, the City’s basemap will include sufficient detail to determine existing
functionality
2.4 Permitting Agencies Coordination
The City may request technical design support during permit coordination. An allowance has been included
to respond to requests to furnish data, respond to questions by permitting agencies, or attend meetings.
Assumptions:
An allowance of 40 hours is assumed
2.5 Streambank Restoration Design
For use in permit applications, Otak will prepare a 30-percent level design of streambank restoration
landscape and temporary irrigation design along approximately 950 linear feet of creek, inclusive of
crossings. Planting areas will extend from the ordinary highwater mark to the back of sidewalk and the limits
of disturbance for the creek grading, as applicable. The design will identify the plant palette, proposed areas
for planting and temporary irrigation, and proposed connection location(s) for temporary irrigation.
Assumptions:
Landscape plans prepared by Otak for 30-percent design will include sheet setups, planting palette and
areas to be planted, irrigation type and areas to be irrigated, and the point of connection with system
pressure data at that point.
Landscape and irrigation design to use AutoCAD along with Land f/x program
Deliverables:
PDF files for each deliverable
CADD files
Basis of Design Memorandum
Concept and 30-percent plans
30-percent cost estimate
Hydraulic model for use by others in preparation of LOMR
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Task 3: 50-Percent Stream Geometry Design
Upon receipt of the City comments for the 30-percent design and the task notice to proceed, Otak will further the
stream geometry design, streambank restoration design, and off-site stormwater management design.
The 50-percent design will include plans, a list of anticipated special provisions, and construction cost estimate.
3.1 Sediment Source Management Design
If authorized by the City, Otak will advance the design of the preferred concept for sediment source management
from the Downtown core outfall to 50-percent level, including preparation of plans, specifications and cost
estimate.
Assumptions:
The City will provide current CADD files for City-designed items that may affect Otak’s design.
Deliverables:
PDF files for each deliverable
CADD files
50-percent plans
List of anticipated special provisions
50-percent cost estimate
Task 4: 50-Percent Bridge and Retaining Wall Design
The objective of this task is to develop structural calculations, plans, specifications and construction costs to the
50% design level for the following structures:
· Bridges:
o Bridge carrying 76th Avenue S over Mill Creek
o Bridge carrying the driveway access to 22011 76th Avenue S over Mill Creek
o Bridge carrying the driveway access to 22033 76th Avenue S over Mill Creek
· Retaining walls between bridges
· Retaining wall at approximate Station 11+50 Left
Considerations related to construction phasing, geotechnical coordination, shoring, traffic phasing, stream
impacts, utility impacts and grading will be evaluated in coordination with other disciplines and the City.
Task 4.1 Bridges
Otak will develop the bridge option recommended in the previously prepared Type, Size and Location (TS&L)
report for each of the three bridges. The recommended bridge type is a single span precast prestressed wide
flange girder bridge with a cast in place concrete deck. Bridge span lengths are assumed to be approximately 32
feet at the 76th Avenue S crossing and 46 feet at the two driveway crossings. It is assumed that the bridge will be
founded on spread footings. Bridge design staff will continue coordination with the geotechnical engineer, who is
under separate contract with the City, to determine the foundation type and incorporate foundation design
recommendations, including ground improvements if needed, into the design. Otak will develop design
calculations and will prepare plans for submittal to the City. Bridge items will be included in the project cost
estimate. Special provisions for non-standard WSDOT bridge items will be prepared for submittal to the City.
Task 4.2 Retaining Walls
It is assumed that retaining walls will be needed to support the west side of the 76th Avenue S roadway adjacent
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to Mill Creek between the bridges. Wall types may be reinforced concrete semi-gravity cantilever, soldier pile,
gravity block or structural earth walls. If it is determined that walls are needed at other locations or that other wall
types are needed, additional scope and fee may be needed to complete the design. Structural design staff will
coordinate with grading, utility, hydraulics and geotechnical disciplines to determine wall needs and design. It is
further assumed that exposed walls facing Mill Creek will be above the ordinary highwater mark. Otak will develop
design calculations and will prepare plans for submittal to the City. Retaining wall items will be included in the
project cost estimate. Special provisions for non-standard WSDOT retaining wall items will be prepared for
submittal to the City.
Assumptions:
Bridges will be based on the recommended option in the previously completed TS&L report
Bridge foundations will be spread footings
Retaining walls type will be reinforced concrete semi-gravity cantilever, soldier pile, gravity block or structural
earth walls
City review comments will be minor and significant changes to the design requiring an effort greater than the
level of effort assumed in the attached fee estimate will not be needed.
This scope of work does not include construction support services or bridge load rating, which, if needed, will
be provided under a separate scope and fee.
The following structural plan sheets will be needed:
Deliverables:
50% bridge and retaining wall plans
50% bridge and retaining wall items included in the project construction cost estimate
50% bridge and retaining wall special provisions
Task 5: Technical Information Report
Otak will prepare a Stormwater Technical Information Report (TIR) based on requirements set forth in the 2017
City of Kent Surface Water Design Manual (SWDM) that will cover all the culvert replacements for this project. It
will contain all calculations, conceptual design analyses, reports, studies, etc. performed in the modeling and
design phase of this project, including the off-site stormwater management facilities. The TIR will comply with the
requirements for a Targeted Drainage Review (TDR) Project Category 2, which will only require analyses and
documentation for the following Core and Special Requirements:
1. Core Requirement #1: Discharge at the Natural Location
2. Core Requirement #2: Offsite Analysis - the three new culverts will only require Offsite Analyses Level 1
(qualitative survey)
3. Core Requirement #4: Conveyance System
a) The five culverts that will be replaced with bridges for Fish Passage will comply with Kent’s SWDM
1.2.4.1 – Culverts. The replacement requires conveying the 25-year peak flow and not creating or
aggravating a severe flooding problem during the 100-year peak flow. The new bridges and stream
channel restoration will also provide fish passage per SWDM Section 4.3.2.
b) Conveyance System Implementation Requirements per SWDM Section 1.2.4.3
· Methods of Analysis and Design per SWDM Section 3.2
· Composition – The stream channels with the new bridges will be designed as vegetation/natural
gravel-lined channels, as opposed to armored systems.
· Interflow and Interception – Any significant seeps that could impact the road or structures
proposed by the project will be intercepted and directed to the downstream stream channel or
wetland, and provisions for passage of concentrated flows will be made.
· Outfalls – Design for collected and concentrated surface and storm water runoff will include
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energy dissipation and will not include new point discharges over steep slopes (>15%).
· Spill Control – All pollution-generating impervious surfaces that drain to the culverts are assumed
to already have treatment and spill control measures.
· Ground Water Protection - All pollution-generating impervious surfaces that drain to the culverts
are assumed to already have treatment and spill control measures
· Pump Systems – All surface and storm water conveyance systems within the project are
assumed to be gravity systems.
4. Core Requirement #5: Erosion and Sediment Control (ESC) - A comprehensive Construction Stormwater
Pollution Prevention (CSWPP) plan will be prepared. Implementation of the CSWPP will address:
a) ESC and SWPP plans
b) Wet Season Construction
c) Construction within Critical Areas and Buffers
d) Maintenance
e) Final Stabilization
f) Other Required Permits (NPDES and WDFW HPA)
5. Core Requirement #6: Maintenance and Operation (O&M) – The Project is assumed to be maintained by the
City of Kent.
6. Core Requirement #7: Financial Guarantees and Liabilities – Assumed to be provided by City of Kent.
7. Special Requirement #4: Source Control BMP for Utility Corridor Maintenance per Activity Sheet A-45 in the
Stormwater Pollution Prevention Manual
Assumptions:
A single TIR for one Targeted Drainage Category 2 Review will be required for all of the culvert replacements
in this project
The one Offsite Analysis will include a Level 1 downstream and upstream analysis (qualitative surveys) for all
culvert crossings. If the City of Kent determines that a Level 2 or 3 downstream and/or upstream analysis is
necessary, or that the project has a Downstream Drainage Problem Requiring Special Attention per SWDM
Sections 1.2.2.1.1 and 2, then a separate scope and fee will be required to complete those tasks
No drainage or water quality problem impact mitigation, per SWDM Sections 1.2.2.2 and 3, is included in this
scope
Preparation of an Operations and Maintenance manual for the bridges is not included
Deliverables:
Draft Drainage System TIR (pdf)
Final Drainage System TIR (pdf)
Task 6: 100% Stream Geometry Design
Upon receipt of the City comments for the 50-percent design and the task notice to proceed, Otak will complete
the stream geometry design, streambank restoration design, and off-site stormwater management design.
The 100-percent design will include plans, special provisions, and construction cost estimate. Otak will support
the City in the preparation of an estimated construction schedule to determine working days.
6.1 Sediment Source Management Design
If authorized by the City, Otak will advance the design of the preferred concept for sediment source management
from the Downtown core outfall to 100-percent level, including preparation of plans, specifications and cost
estimate.
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Assumptions:
City will prepare a LOMR for the entire Mill Creek system, which will include a zero-rise analysis.
The City will provide current CADD files for City-designed items that may affect Otak’s design.
Deliverables:
PDF files for each deliverable
CADD files
100-percent plans
Special provisions
100-percent cost estimate
Task 7: 100% Bridge and Retaining Wall Design
Otak will address City review comments on the 50% design deliverables and finalize the structural design. It is
assumed that the nature of the comments will be minor and significant changes to the design requiring an effort
greater than the level of effort assumed in the attached fee estimate will not be needed. Significant changes to the
design may require additional scope and fee to complete the design.
Task 7.1 Bridges
Otak will address City review comments and finalize the bridge design, geotechnical coordination, calculations,
plans, specifications and construction cost estimate.
Task 7.2 Retaining Walls
Otak will address City review comments and finalize the retaining wall design coordination, calculations, plans,
specifications and construction cost estimate.
Assumptions:
City review comments will be minor and significant changes to the design requiring an effort greater than the
level of effort assumed in the attached fee estimate will not be needed. Significant changes to the design may
require additional scope and fee to complete the design.
See below for a list of the needed structural plan sheets:
Deliverables:
Responses to structural related comments from the City review of the 50% submittal
Final bridge and retaining wall plans
Final bridge and retaining wall items included in the project construction cost estimate
Final bridge and retaining wall special provisions
The estimated number of sheets for all tasks is listed below:
ask No. Sheet Name 30-Percent
No. of Sheets
50-Percent
No. of Sheets
100-Percent
No. of Sheets
2.1, 3, 6 Stream Plan and Profile 3 3 3
2.1, 3, 6 Stream Details 1 4 4
2.1, 3, 6 Temporary Stream Bypass Plan 2 3 3
2.2, 3, 6 Sediment Stream Management 2 2
2.3, 3, 6 Offsite Stormwater Management 3 4
2.5, 3, 6 Landscape Plans 3 3 3
2.5, 3, 6 Planting Schedule and Details 1 2 3
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4, 7 Structures Key Map 1 1
4, 7 76th Avenue S Bridge
4, 7 Bridge Layout 1 1
4, 7 General Notes, Typical Section 1 1
4, 7 Foundation Layout 1 1
4, 7 Footing and Abutment Details 1 2
4, 7 Framing Plan 1 1
4, 7 Typical Bridge Section 1 1
4, 7 Deck Reinforcing Plan 1
4, 7 Deck Section 1
4, 7 Bridge Approach Slab 1
4, 7 22011 Driveway Bridge
4, 7 Bridge Layout 1 1
4, 7 General Notes, Typical Section 1 1
4, 7 Foundation Layout 1 1
4, 7 Footing and Abutment Details 1 2
4, 7 Framing Plan 1 1
4, 7 Typical Bridge Section 1 1
4, 7 Deck Reinforcing Plan 1
4, 7 Deck Section 1
4, 7 22033 Driveway Bridge
4, 7 Bridge Layout 1 1
4, 7 General Notes, Typical Section 1 1
4, 7 Foundation Layout 1 1
4, 7 Footing and Abutment Details 1 2
4, 7 Framing Plan 1 1
4, 7 Typical Bridge Section 1 1
4, 7 Deck Reinforcing Plan 1
4, 7 Deck Section 1
4, 7 Common Bridge Sheets
4, 7 Girder Details 3 3
4, 7 Intermediate Diaphragm Details 1
4, 7 Traffic/Pedestrian Barrier 2 2
4, 7 Bar list 3
4, 7 Retaining Walls
4, 7 Plan and Elevation 3 3
4, 7 Wall Typical Section 2 2
4, 7 Wall Details 1 3
Total 10 50 68
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City of Kent Mill Creek at 76th Ave S Flood Protection Improvements - Final Design Exhibit A
Fee Estimate
Otak, Inc., Project 33048.A
Russ Gaston
Lori
McFarland Bob Doherty Xin Lu Janna Langhi Dave Stewart Charles Dewey Shailee Jain Julia White Curtis LaPierre Tom Early Mark Shelby
Ahmed
Kayanda
PIC Proj. Mgmt.CADD Admin
Task Description #
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1.0 Alternatives Analysis 1 6 4 8 9 12 2 2 44 $6,086
2.0 30-Percent Stream Geometry Design
2.1 30-Percent Stream Design 6 1 8 18 12 52 48 24 163 $18,327
2.1.1 Hydraulic Analysis 1 4 2 4 24 35 $4,027
2.2 Sediment Source Management Design 2 4 12 8 32 40 4 102 $11,634
2.3 Off-site Stormwater Management Design 1 4 12 56 72 8 153 $17,177
2.4 Permittting Agencies Coordination 6 24 8 38 $6,102
2.5 Streambank Restoration Design 4 2 2 4 24 4 8 44 $5,548
3.0 50-Percent Stream Geometry Design 18 2 10 36 40 60 96 4 32 16 32 328 $37,780
3.1 Sediment Source Management Design 2 2 4 8 24 38 $4,214
4.0 50-Percent Bridge and Retaining Wall Design
4.1 Bridges 24 24 88 240 140 68 560 $72,120
4.2 Retaining Walls 6 6 24 92 8 130 $16,182
5.0 Technical Information Report 1 4 12 40 40 16 113 $12,921
6.0 100-Percent Stream Geometry Design 20 1 10 14 32 48 64 8 24 20 32 253 $28,949
6.1 Sediment Source Management Design 2 2 2 8 16 28 $3,156
7.0 100-Percent Bridge and Retaining Wall Design
7.1 Bridges 38 32 96 292 168 44 632 $82,384
7.2 Retaining Walls 8 4 20 72 8 104 $12,920
Total Hours 68 12 128 232 540 472 145 216 192 436 16 80 40 238 18 2765
Billing Rate (including OH and Profit)$249.00 $193.00 $189.00 $124.00 $106.00 $165.00 $123.00 $106.00 $91.00 $153.00 $116.00 $133.00 $92.00 $85.00
Total Labor Cost, including Overhead and Profit $2,988 $24,704 $43,848 $66,960 $50,032 $23,925 $26,568 $20,352 $39,676 $2,448 $9,280 $5,320 $21,896 $1,530 $339,527
Expenses, estimated at 2%$6,773
Project Total $346,300
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Structural LandscapeHydraulics
\contract\33048-Mill Creek_2019_0514.xlsx 5/15/2020
8.D.a
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EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1.Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2.Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The Commercial General
Liability insurance shall be endorsed to provide the Aggregate Per
Project Endorsement ISO form CG 25 03 11 85. The City shall be
named as an insured under the Consultant’s Commercial General
Liability insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3.Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4.Professional Liability insurance appropriate to the Consultant’s
profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1.Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2.Commercial General Liability insurance shall be written with limits
no less than $2,000,000 each occurrence, $2,000,000 general
aggregate.
8.D.a
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EXHIBIT B (Continued)
3. Professional Liability insurance shall be written with limits no less
than 1,000,000 per claim.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant’s
insurance and shall not contribute with it.
2. The Consultant’s insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant’s
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer’s liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Consultant before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
8.D.a
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DATE: June 2, 2020
TO: Kent City Council
SUBJECT: Resolution Adopting the Residential Traffic Calming
Program - Adopt
MOTION: Adopt Resolution No. 2012, repealing Resolution No. 1817 and
adopting a new Residential Traffic Calming Program to better address
quality of life concerns related to traffic in residential neighborhoods by
considering traffic speeds and cut-through traffic as well as other
neighborhood factors.
SUMMARY: The City of Kent Residential Traffic Calming Program (“Program”) was
first adopted in July of 1999. The program was established to guide City officials
and inform residents about the processes for implementing traffic calming on
residential streets. It has been more than a decade since the program was last
updated in 2009 (Resolution 1817). Since then there has been a concerted effort
to continue to streamline these processes.
The 2020 update eliminates the need for the two-phase approach previously used in
which a variety of passive control devices were first employed and then physical
alterations to the street were considered. Instead, the update establishes clearly
defined decision points and thresholds. This new approach maintains transparency,
while allowing discretion and flexibility when warranted. The result is a process that
is data driven, prompt, and more user-friendly.
Currently speed is the only factor used to determine eligibility for the program. This
update uses a points system that factors in not only speed, but also traffic volume,
cut-through traffic, crash history, pedestrian facilities, and the presence of parks,
schools, school walking routes, and transit stops to score each street for eligibility.
BUDGET IMPACT: None.
ATTACHMENTS:
1. Resolution Residential Traffic Calming Resolution (2020 RTCP) (PDF)
05/26/20 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 6/2/2020 7:00 PM
8.E
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Residential Traffic Calming
Program
RESOLUTION NO. 2012
A RESOLUTION of the City Council of the
City of Kent, Washington, repealing Resolution No.
1817 and adopting a new Residential Traffic
Calming Program to better address quality of life
concerns related to traffic in residential
neighborhoods by considering traffic speeds and
cut-through traffic as well as other neighborhood
factors.
RECITALS
A. Residential streets within the City of Kent have measurable
safety and community character impacts due to the speed and volume of
through traffic. Through Resolution No. 1546, adopted on July 6, 1999, the
City has addressed these impacts by the Residential Traffic Calming
Program (“RTCP”). The City has made adjustments to the RTCP at various
times, most recently with the adoption of Resolution 1817, adopted on
October 20, 2009.
B. The Mayor and City Council recognize the need to update and
revise the means by which residential traffic impacts are addressed, and
have directed the City's Public Works Department to consider proven
solutions that include resident involvement. In response, the Department
conducted research on residential traffic calming efforts throughout the
United States and developed the RTCP.
8.E.a
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C. The RTCP is general in nature, establishing overall policies and
approaches, but leaves the specific details of implementation to the Public
Works Director, in order to adapt program implementation to meet
neighborhood needs on a more flexible case-by-case basis. This program is
designed to evaluate a wide variety of factors that negatively impact the
safety and quality of residential environments. These factors include traffic
speed, volume, crash history, pedestrian facilities, and prominent
neighborhood features. This program will allow residents to identify
problems and solutions specific to their neighborhoods with the help of City
staff. If a neighborhood qualifies, potential traffic calming measures will be
considered, including the construction of physical devices to reduce traffic
volumes and speeds. Installation of physical devices shall be based upon
sound engineering and transportation planning principles and with regard
to neighborhood aesthetics. The RTCP will provide for periodic evaluation of
the solutions as implemented and may include follow-up surveys to
determine project effectiveness and resident satisfaction.
D. The updated RTCP creates a more stream-lined and
responsive approach by eliminating the two-phase program. Phase one of
the current two-phase program requires resident involvement that may
impact personal safety and does not reduce traffic speeds long-term. This
phase also requires additional data collection and analysis that delays
formal evaluation and creates additional steps for residents that
discourages further participation in the program. This new approach
maintains transparency, while allowing discretion and flexibility when
warranted. The result is a process that is data driven, prompt, and more
user-friendly.
E. On March 24, 2020, the Committee of the Whole heard a
presentation regarding the RTCP. On May 26, 2020 the Committee of the
8.E.a
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Whole reviewed the RTCP in its final form and recommended its adoption
by resolution.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. – Repealer – Resolution No. 1817. Resolution No. 1817
is hereby repealed in its entirety.
SECTION 2. – Program Adopted. The City Council hereby adopts the
RTCP attached as Exhibit A.
SECTION 3. – Public Works Director Authorized. The Public Works
Director is hereby authorized to implement the RTCP and to adopt
procedures and standard construction plans consistent with the principles
set forth in this resolution and to deviate from specific standards when
special circumstances so warrant.
SECTION 4. – Availability of Program Details. A copy of the RTCP
shall be kept on file with the City Clerk and the Public Works Department.
Brochures summarizing the RTCP will be made available to the public.
SECTION 5. – Severability. If any one or more section, subsection,
or sentence of this resolution is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
resolution and the same shall remain in full force and effect.
SECTION 6. – Ratification. Any act consistent with the authority and
prior to the effective date of this resolution is hereby ratified and affirmed.
SECTION 7. – Corrections by City Clerk. Upon approval of the City
Attorney, the City Clerk is authorized to make necessary corrections to this
8.E.a
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resolution, including the correction of clerical errors; resolution, section, or
subsection numbering; or references to other local, state, or federal laws,
codes, rules, or regulations.
SECTION 8. – Effective Date. This resolution shall take effect and be
in force immediately upon its passage.
June 2, 2020
DANA RALPH, MAYOR Date Approved
ATTEST:
June 2, 2020
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
8.E.a
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EXHIBIT A
RESIDENTIAL TRAFFIC CALMING PROGRAM
The City of Kent Residential Traffic Calming Program (RTCP) was first
adopted in July of 1999. The program was established to guide City officials
and inform residents about the processes for implementing traffic calming
on residential streets. It has been more than a decade since the program
was last updated in 2009 (Resolution 1817). Since then there has been a
concerted effort to continue to streamline these processes.
The 2020 update eliminates the need for the two-phase approach
previously used in which a variety of passive control devices were first
employed and then physical alterations to the street were considered.
Instead, the update establishes clearly defined decision points and
thresholds. This new approach maintains transparency, while allowing
discretion and flexibility when warranted. The result is a process that is
data driven, prompt, and more user-friendly.
Program Elements
1. Eligibility
The RTCP is designed to address neighborhood traffic concerns on
residential streets, both local streets and residential collector streets.
2. Request for Action
Residents may contact City staff via letter, phone, email, or an
online form such as the Residential Traffic Calming Citizen Action
Request Form to request the installation of traffic calming measures.
3. Gathering Support
Early neighborhood engagement is key. A minimum of five residents
are required to initiate the process by filling out an online form or
contacting City staff directly.
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4. City Response to Request for Action
City staff will follow-up with the residents that initiated the request
for action, typically within 48 hours, to discuss next steps.
5. Data Collection and Evaluation
In consultation with the residents, the City Traffic Engineer will
define the study area. The City will then conduct a traffic study to
determine if the minimum requirements are met to qualify for the
installation of traffic calming devices. As part of the traffic study,
points will be awarded based on characteristics of each street as
outlined in Table 1, which assigns points based on the following
factors:
• Traffic Speeds: The 85th-percentile of all vehicles in
both directions over a 7-day minimum period, points
awarded by the number of mph over the posted speed
limit.
• Average Daily Traffic (ADT) Volumes: The average
number of vehicles per day in both directions over a 7-
day minimum period.
• Cut-Through Traffic: A measured imbalance where the
ADT in one direction is 2.5 times greater than the other
direction.
• Crash History: The most recent 5-year crash data from
the WSDOT Crash Data Portal; points awarded for each
crash.
• Pedestrian Facilities: The typical presence of sidewalks
or separated shoulder walkways.
• Park, School (K-12), or Transit Stop: The presence or
proximity of these features or presence of a school
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walking route on the study street. Use the highest
scoring criteria from this section.
A minimum total score of 50 points is required to move forward with
consideration of traffic calming measures. If the total score is less
than 50 points, the City will work with the neighborhood to identify
appropriate education and enforcement strategies.
Validation of Traffic Study Results
If the minimum point threshold is met, a minimum of two speed
studies, conducted at least 8 weeks apart, are required before
moving forward with engineering recommendations. Traffic speeds
and volumes in the second study must be within 10 percent of the
original study to validate the results. If the speeds and volumes of
the second study are not within 10 percent, a final third study will be
conducted.
Reconsideration of Requests for Action
Requests for action that were not successfully implemented in
previous attempts will only be reconsidered in the following
instances:
• The proposal was not implemented due to budget
constraints and the minimum points required continue to
be met.
• Traffic conditions have changed due to roadway
improvements or land use changes, as determined by the
City Traffic Engineer.
• At least 36 months have passed since the previous request
for action that failed to meet the minimum points required.
8.E.a
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Residential Traffic Calming
Program
Table 1: Residential Traffic Calming Program (RTCP) Scoring Criteria
Criteria Possible Points
Traffic Speeds 1
Lower than the posted speed
0 – 0.9 over
1.0 – 1.9 over
2.0 – 2.9 over
3.0 – 3.9 over
4.0 – 4.9 over
5.0 – 5.9 over
6.0 – 6.9 over
7.0 – 7.9 over
8.0 – 8.9 over
9.0 – 9.9 over
10.0+ over
0
0
2
5
9
15
23
31
37
42
46
50
Average Daily Traffic (ADT) Volumes
Local Street
0-400 ADT
401-600 ADT
601-800 ADT
801-1,000 ADT
1,001+ ADT
Residential Collector Street
0-1,000 ADT
1,001-1,500 ADT
1,501-2,000 ADT
2,001-2,500 ADT
2,501+ ADT
1
5
10
15
20
1
5
10
15
20
Cut-Through Traffic
Average Daily Traffic in one direction is 2.5 times the other
direction.
15
Crash History 2
Property Damage Only/No Apparent Injury
Possible Injury
Minor Injury
Serious Injury
Fatality
3
6
9
15
30
Pedestrian Facilities
No sidewalks
Sidewalks only on one side of the street
Sidewalks on both sides of the street
5
3
0
Park, School (K-12), or Transit Stop 3
Street borders or features one of these
Street is on a designated school walk route
Not on a walk route, but within ¼ mile 4 of these
5
3
1
1 85th percentile of all vehicles in both directions, over a 7 day period. The number of mph over the
posted speed.
2 WSDOT Crash Data Portal most recent 5 year range. Points awarded for each crash.
3 Take the highest scoring criteria from this section.
4 Distance to a park property, school property, or transit stop; measured along the street centerline.
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Residential Traffic Calming
Program
6. Implementation
Staff will share the results of the traffic study with the residents and
discuss strategies and next steps. Strategies include a combination
of education, enforcement, and engineering. If the request for action
meets the minimum points requirement and qualifies for traffic
calming measures, the City will hold a neighborhood meeting to help
determine the preferred types of traffic calming devices and their
approximate location.
Education and Enforcement
• Neighborhood Speed Watch Program
• Radar Speed Trailer
• Traffic Enforcement
• Vegetation Code Enforcement (trim or remove)
Engineering
• Chicanes/Slow Points
• Closure (full or partial)
• Curb Extensions
• Diverters
• Lane Striping
• Medians
• Mini roundabout
• Neighborhood Entrance Treatments
• Partial Closure
• Raised Crosswalk 5
• Blue Residential Area Signs
5 Must meet the requirements of Resolution 1931 - Adopting A Policy For Addressing Installation And
Maintenance Of Crosswalk Markings Throughout The City Of Kent.
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Residential Traffic Calming
Program
• Slow Points Chokers
• Speed Dots
• Speed Cushions
• Speed Limit Pavement Markings
• Stationary Radar Sign
• Traffic Circles
• Turn/Access Restrictions
• General Parking Modifications
All traffic calming measures are subject to approval by the City
Traffic Engineer, School District Transportation Department, Kent
Police Department, and the Fire Marshall.
The Public Works Director has the discretion to move an application
forward or to address safety issues discovered outside of the RTCP
process.
7. Neighborhood Voting and Notification
After the meeting, the City will mail a ballot to affected residents
within the study area, allowing those residents to vote on the traffic
calming measures the City recommends be installed. The City
requires a 50% ballot return rate and a two-thirds majority approval
of the returned ballots is required before any traffic calming
measures will be installed. Residents will be notified of the ballot
results and if applicable, the approximate construction timeline.
8. Installation
City engineering staff will design the traffic calming measures and
develop a plan to install them.
9. Evaluation and Follow-up
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Residential Traffic Calming
Program
A follow-up study should occur at least 6 months after installation.
Traffic speed and volume data should be collected and any change in
traffic volumes and speeds on the treated streets documented.
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DATE: June 2, 2020
TO: Kent City Council
SUBJECT: Interagency Agreement with the Washington State
Department of Commerce for the Coronavirus Relief Fund
for Local Governments CARES Grant - Authorize
MOTION: Authorize the Mayor to sign the interagency agreement to accept
funds from the Washington State Department of Commerce in the amount
of $3,894,000 for the costs incurred due to the public health emergency
with respect to the Coronavirus Disease 2019 (COVID-19) during the
period of March 1, 2020 thru October 31, 2020, amend the budget and
authorize expenditure of the funds in accordance with the agreement
terms, subject to final terms and conditions acceptable to the Finance
Director and City Attorney.
SUMMARY: Governor Inslee has directed the Washington State Department of
Commerce to release a portion of the federal Coronavirus Relief Funds to local
governments, which includes an award of $3,894,000 to the City of Kent. Funds
may only be used to cover costs that (1) are necessary expenditures incurred due
to the public health emergency with respect to the Coronavirus Disease 2019
(COVID-19); (2) were not accounted for in the budget most recently approved as of
March 27, 2020 (the date enactment of the CARES Act) for the State or
government; and (3) were incurred during the period that begins on March 1, 2020
and ends on October 31, 2020.
The Mayor’s recommendation is to use approximately $1 million for expenses
associated with the provision of economic support in connection with the COVID-19
public health emergency, such as grants to small businesses to reimburse the costs
of business interruption caused by required closures and job training. The
remaining would be used to reimburse the City for COVID-19 related expenditures.
BUDGET IMPACT: Revenues of up to $3,894,000 for reimbursement to the City for
COVID-19 related expenditures, and job training and grants to small businesses.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
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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.
ATTACHMENTS:
1. Department of Commerce CRF Program Guidelines (PDF)
2. Department of Commerce Interagency Agreement (PDF)
3. Department of Commerce Working Papers (PDF)
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(Dated 5-18-2020)
Coronavirus
Relief Funds for
Local Governments
Program Guidelines
CARES Act Funds for Local Governments
In Washington State
Administered by the Department of Commerce
Local Government Division
P.O. Box 42525
Olympia, WA 98504-2525
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Contact Information
Mailing / Street Address:
Washington State Department of Commerce
Local Government Division
PO Box 42525
1011 Plum Street SE
Olympia, WA 98504-2525
Program Leadership:
Tony Hanson
Deputy Assistant Director
Community Capital Facilities Unit
360-725-3005
Tony.Hanson@commerce.wa.gov
Tina Hochwender
Managing Director
Community Assistance and Research Unit
360-725-3087
Tina.Hochwender@commerce.wa.gov
Commerce Leadership:
Lisa Brown, Ph.D.
Director
Mark Barkley
Assistant Director
Local Government Division
This publication is available in an alternative format upon request. Events sponsored by
Commerce are accessible to persons with disabilities. Accommodations may be arranged with
a minimum of 10 working days’ notice by calling 360-725-3087
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Coronavirus Relief Funds (CRF) for Local Governments
Program Guidelines
TABLE OF CONTENTS
General Information .................................................................... 1
1. Source of Funds .............................................................. 1
2. Allocation Formula .......................................................... 1
3. Period of Performance .................................................... 1
4. Intended Use ................................................................... 1
5. Eligible Costs .................................................................. 2
6. Ineligible Costs ............................................................... 4
7. Eligible Cost Test ............................................................ 4
8. Cost Reimbursements ..................................................... 5
Process & Procedure to Obtain Funds ....................................... 7
1. Award Letter .................................................................... 7
2. Working Papers .............................................................. 7
3. Contract .......................................................................... 7
4. Reimbursement Requests ............................................... 8
5. A-19 Certification and Activity Report .............................. 8
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General Information
1. Source of Funds
You have been awarded funds through the state’s Coronavirus Relief Funds (CRF). The funds are
available under section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus
Aid, Relief, and Economic Security Act (“CARES Act”).
Your grant is funded entirely through the federal stimulus funding under the CARES Act provided by the
U.S. Department of Treasury (US Treasury) to the Governor via the Office of Financial Management
(OFM).
On April 27, 2020 Governor Inslee announced the award of nearly $300 million to local governments in
CRF from the state's allocation of the CARES Act funding.
2. Allocation Formula
OFM developed the allocation methodology and determined the jurisdiction amounts. The allocations
were based on 2019 population estimates for each jurisdiction.
Funds will be provided to cities and counties with populations under 500,000 that were ineligible to
receive direct funding under the CARES Act. Each county will receive a minimum distribution of
$250,000 and each city will receive a minimum distribution of $25,000.
Cities and counties with populations over 500,000 did not receive a direct allocation from the state.
Instead these jurisdictions received a direct allocation from the US Treasury (i.e. city of Seattle, King
Co., Pierce Co., Snohomish Co., etc.).
For a complete list of cities and counties and their allocations, click here.
3. Period of Performance
The Coronavirus Relief Funds may only be used for costs incurred by local governments in response to
the COVID-19 public health emergency during the period of March 1, 2020 thru October 31, 2020.
The US Treasury’s Guidance provides an end date of December 30, 2020. This is the end date in which
the state must have reimbursed all “recipients of the funds” (grantees) their costs incurred in response to
the COVID-19 emergency. In order to allow time for Commerce to process final payments and conduct
contract closeouts; and for OFM to fully utilize any unspent funds before they expire, expenditures are
only being accepted on costs incurred through October 31, 2020.
All final requests for reimbursement must be submitted no later than November 15, 2020.
4. Intended Use
Under the CARES Act, the Coronavirus Relief Funds (CRF) may be used to cover costs that:
1. Are necessary expenditures incurred due to the public health emergency with respect to the
Coronavirus Disease 2019 (COVID–19); AND
2. Are NOT accounted for in the budget most recently approved as of March 27, 2020 (the date
of enactment of the CARES Act) for the State or local government. The “most recently
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approved” budget refers to the enacted budget for the relevant fiscal period for the particular
government. A cost meets this requirement if:
a) The cost cannot lawfully be funded using a line item, allotment, or allocation within that
budget; OR
b) The cost is for a substantially different use from any expected use of funds in such a
line item, allotment, or allocation.
3. A cost is not considered to have been accounted for in a budget merely because it could be
met using a budgetary stabilization fund, rainy day fund, or similar reserve account.
Funds may NOT be used to fill shortfalls in government revenue to cover expenditures that would not
otherwise qualify under the statute. Although a broad range of uses is allowed, revenue replacement is
not a permissible use of Fund payments.
The use of these funds are very broad and flexible, and can be used for both operating and capital
expenditures.
If funds are being used for capital expenditures such as acquisition of real property or construction /
renovation costs, please contact us immediately. We will provide you with further information and
guidance. Utilizing CRF for these purposes will require additional Federal and state provisions being
applied to the project such as:
All projects must be reviewed under a Federal Section 106 review for archaeological and
cultural resources if the project: acquires property, disturbs ground, and/or involves
structures more than 50 years old. Grantees must submit documentation to the project
manager when the review is complete. Section 106 supersedes the Governor’s Executive
Order 05-05 review.
Construction / renovation projects may be required to meet high-performance building
standards and document they have entered the state’s LEED certification process.
Construction / renovation projects will be required to follow Federal Davis Bacon and state
prevailing wage laws, rules, and regulations.
Additionally, grantees must ensure all capital expenditures are only for costs incurred through the limited
timeframe of March 1, 2020 thru October 31, 2020.
5. Eligible costs
There are six (6) primary eligible cost categories. These cost categories and their eligible cost sub-
categories are as follows:
1. Medical expenses such as:
COVID-19-related expenses of public hospitals, clinics, and similar facilities.
Expenses of establishing temporary public medical facilities and other measures to
increase COVID-19 treatment capacity, including related construction costs.
Costs of providing COVID-19 testing, including serological testing.
Emergency medical response expenses, including emergency medical
transportation, related to COVID-19.
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Expenses for establishing and operating public telemedicine capabilities for
COVID-19-related treatment.
2. Public health expenses such as:
Expenses for communication and enforcement by State, territorial, local, and
Tribal governments of public health orders related to COVID-19.
Expenses for acquisition and distribution of medical and protective supplies, including
sanitizing products and personal protective equipment, for medical personnel, police
officers, social workers, child protection services, and child welfare officers, direct
service providers for older adults and individuals with disabilities in community
settings, and other public health or safety workers in connection with the COVID-19
public health emergency.
Expenses for disinfection of public areas and other facilities, e.g., nursing homes, in
response to the COVID-19 public health emergency.
Expenses for technical assistance to local authorities or other entities on
mitigation of COVID-19-related threats to public health and safety.
Expenses for public safety measures undertaken in response to COVID-19.
Expenses for quarantining individuals.
3. Payroll expenses for public safety, public health, health care, human services, and similar
employees whose services are substantially dedicated to mitigating or responding to the
COVID-19 public health emergency.
4. Expenses of actions to facilitate compliance with COVID-19-related public health
measures, such as:
Expenses for food delivery to residents, including, for example, senior citizens and
other vulnerable populations, to enable compliance with COVID-19 public health
precautions.
Expenses to facilitate distance learning, including technological improvements, in
connection with school closings to enable compliance with COVID-19 precautions.
Expenses to improve telework capabilities for public employees to enable
compliance with COVID-19 public health precautions.
Expenses of providing paid sick and paid family and medical leave to public
employees to enable compliance with COVID-19 public health precautions.
COVID-19-related expenses of maintaining state prisons and county jails, including as
relates to sanitation and improvement of social distancing measures, to enable
compliance with COVID-19 public health precautions.
Expenses for care for homeless populations provided to mitigate COVID-19
effects and enable compliance with COVID-19 public health precautions.
5. Expenses associated with the provision of economic support in connection with the
COVID-19 public health emergency, such as:
Expenditures related to the provision of grants to small businesses to reimburse the
costs of business interruption caused by required closures.
Expenditures related to a state, territorial, local, or Tribal government payroll
support program.
Unemployment insurance costs related to the COVID-19 public health emergency
if such costs will not be reimbursed by the federal government pursuant to the
CARES Act or otherwise.
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6. Any other COVID-19-related expenses reasonably necessary to the function of government
that satisfy the Fund’s eligibility criteria.
6. Ineligible costs
Non-allowable expenditures include, but are not limited to:
1. Expenses for the state share of Medicaid.
2. Damages covered by insurance.
3. Payroll or benefits expenses for employees whose work duties are not substantially dedicated
to mitigating or responding to the COVID-19 public health emergency.
4. Expenses that have been or will be reimbursed under any federal program, such as the
reimbursement by the federal government pursuant to the CARES Act of contributions by
states to state unemployment funds.
5. Reimbursement to donors for donated items or services.
6. Workforce bonuses other than hazard pay or overtime.
7. Severance pay.
8. Legal settlements.
7. Eligible cost test
Grantees are charged with determining whether or not an expense is eligible based on the US Treasury’s
Guidance and as provided in the grantee’s contract scope of work with Commerce.
To assist grantees with this determination, Commerce has developed an eligibility cost test. This test
gives each grantee full authority to make the appropriate call for each circumstance.
TEST – If all responses for the particular incurred cost are “true” for all five statements below, then a
jurisdiction can feel confident the cost is eligible:
1. The expense is connected to the COVID-19 emergency.
2. The expense is “necessary”.
3. The expense is not filling a short fall in government revenues.
4. The expense is not funded thru another budget line item, allotment or allocation, as of March
27, 2020.
5. The expense wouldn’t exist without COVID-19 OR would be for a “substantially different”
purpose.
It is the responsibility of each grantee to define “necessary” or “substantially different”, giving the
grantee the authority and flexibility to make their own determination.
Additional consideration – The intent of these funds is to help jurisdictions cover the immediate
impacts of the COVID-19 emergency. Both direct costs to the jurisdiction and costs to their communities.
There are many possible eligible costs.
Many costs are clearly eligible and others are in more of a grey area. One could probably justify some of
the “grey area” costs based on the test, but are they directly addressing the immediate impacts? Possibly
not. In these situations it may be safer and more appropriate to utilize the funds in one of the many other
eligible cost categories that more clearly meet the intent of the funds. Again, each grantee has the full
authority to make the final call based on their circumstances and justification.
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8. Cost reimbursement
Funds are available on a reimbursement basis only, and cannot be advanced under any circumstances.
If funds are being used for the acquisition of real property or construction / renovation costs, please
contact us immediately. Reimbursable costs are those that a Grantee has already incurred. We may only
reimburse grantees for eligible costs incurred in response to the COVID-19 public health emergency
during the period of March 1, 2020 thru October 31, 2020.
Final Date of Reimbursements
In order to ensure all awardees and their costs incurred in response to the COVID-19
emergency are paid out by December 30, 2020 per the US Treasury’s Guidance,
expenditures are only being accepted on costs incurred through October 31, 2020.
All final requests for reimbursement must be submitted no later than November 15, 2020.
Grantees will not be required to submit a proposed budget prior to contract execution. Grantees will have
the discretion and flexibility to determine where these funds may best serve their communities.
Each grantee will determine eligible costs to submit for reimbursement. For reporting purposes,
expenditures must be tracked at the sub-category level for the six (6) primary eligible cost categories, as
follows:
1. Medical Expenses
A. Public hospitals, clinics, and similar facilities
B. Temporary public medical facilities & increased capacity
C. COVID-19 testing, including serological testing
D. Emergency medical response expenses
E. Telemedicine capabilities
F. Other
2. Public Health Expenses
A. Communication and enforcement of public health measures
B. Medical and protective supplies, including sanitation and PPE
C. Disinfecting public areas and other facilities
D. Technical assistance on COVID-19 threat mitigation
E. Public safety measures undertaken
F. Quarantining individuals
G. Other
3. Payroll expenses for public employees dedicated to COVID-19
A. Public Safety
B. Public Health
C. Health Care
D. Human Services
E. Economic Development
F. Other
4. Expenses to facilitate compliance with COVID-19 measures
A. Food access and delivery to residents
B. Distance learning tied to school closings
C. Telework capabilities of public employees
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D. Paid sick and paid family and medical leave to public employees
E. COVID-19-related expenses in county jails
F. Care and mitigation services for homeless populations
G. Other
5. Economic Supports
A. Small Business Grants for business interruptions
B. Payroll Support Programs
C. Other
6. Other COVID-19 Expenses
No receipts or proof of payment for costs incurred will be required to be submitted to Commerce.
Grantees are still required to maintain sufficient accounting records in accordance with state and federal
laws. Monitoring visits may be scheduled.
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Process and Procedure to Obtain Funds
1. Award Letter
Commerce strives to administer funds expediently and with a minimum of red tape. We do so within the
policies and procedures established by the US Treasury and state’s Legislature, OFM, Commerce, and
the Office of the Attorney General. Prior to receiving funds, a contract will need to be executed with
Commerce.
Award letters with instructions to initiate the contracting process will be emailed to each city and county
receiving an allocation by no later than May 22nd. Emails to cities will be sent to mayors and any other
contacts obtained with the assistance of the Association of Washington Cities. Emails to counties will be
sent to the county commissioners and any other contacts obtained with the assistance of the Washington
State Association of Counties.
Included with the award letter will be:
CRF Program Guidelines
A draft contract template for review and to initiate the public process for authorization to
execute once the final contract is available for execution
Working Papers
2. Working papers
Your grant award packet includes Working Papers. The Working Papers ask for basic information
needed to create a contract:
Contact information for the person who will administer the grant once the contract is
signed. Grant documents and correspondence will be sent to this person.
Your Statewide Vendor Number (SWV#)
Your Federal Indirect Rate
Your fiscal year end date
Name and title for the person authorized by the jurisdiction to sign the contract
Please complete and return the Working Papers to the Commerce project manager identified in the award
letter as soon as possible, even if you do not plan to begin drawing your funds for a while. Your project
manager will manage your contract until project completion. Feel free to give us a call if you have any
questions as you fill out the form (see contact information on previous page).
3. Contract
Once the completed Working Papers have been received by the Commerce project manager identified in
the award letter, a contract will be prepared and sent to you for signature. Have the authorized
representative sign the contract and then return a scanned pdf copy to your project manager. Then the
project manager will route the contract for Commerce’s signature. It generally takes two to four weeks to
fully execute a contract. Once executed by Commerce a fully executed copy will be scanned and a pdf
copy emailed to the jurisdiction and you will have access to your funds.
Commerce is working to make the contracting process as quick and easy as possible.
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4. Reimbursements
This is a reimbursement-style grant, meaning no advance payments. Funds are available once a contract
is executed. All grantees are required to set up a SWV number so funds may be sent electronically.
Grantees have the flexibility to cash out their grant or draw down funds as frequently as once a month as
long as you have incurred documented eligible costs in response to the COVID-19 public health
emergency during the period of March 1, 2020 thru October 31, 2020. All final requests for
reimbursement must be submitted no later than November 15, 2020.
Commerce has moved to electronic vouchering through their Contracts Management System (CMS)
Online A-19 Portal. Requests for reimbursement must be submitted online through the CMS System by
an individual authorized by the Grantee’s organization. Online electronic vouchering provides for
grantees to receive reimbursements as quickly as possible. Grantees with barriers to using the online A-
19 portal, may request an A-19 form from their Commerce project manager.
Access to CMS is available through the Secure Access Washington (SAW) portal. You will need to
create a SAW account if you do not already have one. Please find detailed instructions here: Office of
Financial Management. It may take up to three weeks after you submit this information for an electronic
transfer account to be set up. We will automatically receive your SWV number from the office that sets
them up.
Once logged into SAW, add the Department of Commerce to your ‘services’ and submit an Online A-19
External User Request form. Then Commerce will add you as a new external user in CMS; and the CMS
system will generate and email a registration code to you to complete the CMS registration.
For additional grantee support, refer to the Commerce Online A-19 Webpage for External Users, which
includes SAW resources and the CMS manual for external users.
The A-19 voucher must include a detailed breakdown of the costs incurred within each eligible budget
category and the total reportable eligible expenses in response to the COVID-19 public health
emergency. Accompanying with each voucher must be an executed A-19 certification and A-19 activity
report. Incomplete or improperly prepared submissions may result in payment delays. After receipt and
acceptance of a fully completed A-19 voucher submittal, grantees can expect electronic reimbursements
within 7-10 days.
No receipts or proof of payment for costs incurred will be required to be submitted to
Commerce. Grantees are still required to maintain sufficient accounting records in accordance
with state and federal laws; and are responsible for maintaining clear and accurate program
records, and making them accessible to Commerce and the State Auditor.
Monitoring visits may be scheduled.
5. A-19 Certification and Activity Report
In order to receive reimbursement for eligible expenses incurred, each A-19 Voucher must include:
1. A completed A-19 Certification:
An individual authorized to execute on behalf of the local government must certify by
signing this document under penalty of perjury that the items and costs listed herein
and on the accompanying Commerce A-19 Voucher are eligible charges for necessary
expenditures incurred due to the COVID-19 public health emergency that were not
previously accounted for in the most recent approved budget as of March 27, 2020,
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and that the funds were used in accordance with section 601(a) of the Social Security
Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security
Act (“CARES Act”).
2. A completed A-19 Activity Report (instructions included in document):
Must be submitted as an Excel spreadsheet, not a PDF.
Include a detailed breakdown of the individual eligible expenditures reported by each
sub-category of the six (6) primary budget categories. Each primary budget category
includes sub-categories and provides an option to add “other” sub-categories.
Include the total amount of all previous reimbursement requests for each applicable
sub-category.
Include the total amount of funds being requested in the current reimbursement
request for each applicable sub-category.
Include a brief description of the use of the funds being requested for each applicable
sub-category. Keep descriptions as concise as possible, but include adequate context
to demonstrate how these funds addressed the COVID-19 emergency. If applicable,
please consider:
o Providing a brief description of the specific activities performed.
o Identifying specific populations served.
o Identifying specific programs created or utilized.
o Including any known or intended outcomes, results, or community impacts.
A certification and activity report must be completed and returned with each reimbursement voucher.
After the contract is executed, you will receive additional instructions on how to submit
electronic reimbursement requests with the A-19 certification and A-19 activity report.
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Interagency Agreement with
«Organization»
through
the Coronavirus Relief Fund for Local Governments
For
Costs incurred due to the public health emergency with respect to
the Coronavirus Disease 2019 (COVID-19) during the period of
March 1, 2020 thru October 31, 2020.
Start date: March 1, 2020
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ii
TABLE OF CONTENTS
Special Terms and Conditions
1. Authority…………………………………………………………………………………..1
2. Acknowledgement of Federal Funding………………………………………………..1
3. Contract Management ........................................................................................... 1
4. Compensation ........................................................................................................ 1
5. Expenses…………………………………………………………………………………1
6. Indirect Costs…………………………………………………………………………….1
7. Billing Procedures and Payment ............................................................................ 1
8. Audit……………………………………………………………………………………….2
9. Debarment…………………………….………………………………………………….3
10. Laws ....................................................................................................................... 3
11. Order of Precedence .............................................................................................. 4
General Terms and Conditions
1. Definitions .............................................................................................................. 5
2. All Writings Contained Herein ................................................................................ 5
3. Amendments .......................................................................................................... 5
4. Assignment ............................................................................................................ 5
5. Confidentiality and Safeguarding of Information.................................................... 5
6. Copyright................................................................................................................ 6
7. Disputes ................................................................................................................. 6
8. Governing Law and Venue .................................................................................... 6
9. Indemnification ....................................................................................................... 7
10. Licensing, Accreditation and Registration ............................................................. 7
11. Recapture .............................................................................................................. 7
12. Records Maintenance ............................................................................................ 7
13. Savings .................................................................................................................. 7
14. Severability ............................................................................................................ 7
15. Subcontracting ....................................................................................................... 7
16. Survival .................................................................................................................. 8
17. Termination for Cause ........................................................................................... 8
18. Termination for Convenience................................................................................. 8
19. Termination Procedures ........................................................................................ 8
20. Treatment of Assets ............................................................................................... 9
21. Waiver .................................................................................................................. 10
Attachment A, Scope of Work ................................................................................................... 11
Attachment B, Budget & Invoicing ............................................................................................. 13
Attachment C, A-19 Certification ................................................................................................ 14
Attachment D, A-19 Activity Report ........................................................................................... 16
9.A.b
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FACE SHEET
iii
Contract Number: «Contract_Number»
Washington State Department of Commerce
Local Government Division
Community Capital Facilities Unit
Coronavirus Relief Fund for Local Governments
1. Contractor 2. Contractor Doing Business As (optional)
«Organization»
«Address»
«City», Washington «Postal_Code»
3. Contractor Representative 4. COMMERCE Representative
«First» «Last»
«CDBG_ContractsTitle»
«CDBG_ContractsPhone_Number»
«Email»
«Full_Name»
Project Manager
«LU_Project_ManagerPhone_Number»
Fax 360-586-5880
«Mgr_EMail»
P.O. Box 42525
1011 Plum Street SE
Olympia, WA 98504-2525
5. Contract Amount 6. Funding Source 7. Start Date 8. End Date
«Amount» Federal: State: Other: N/A: March 1, 2020 October 31, 2020
9. Federal Funds (as applicable)
«Amount»
Federal Agency: CFDA Number:
US Dept. of the Treasury 21.999
Indirect Rate (if applicable):
«Indirect_Rate»
10. Tax ID # 11. SWV # 12. UBI # 13. DUNS #
«TIN_Number» «SWV_Number» «UBI_Number» «DUNS_Number»
14. Contract Purpose
To provide funds for costs incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19)
during the period of March 1, 2020 thru October 31, 2020. Final invoices must be received by November 15, 2020.
15. Signing Statement
COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of
this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their
respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following
documents hereby incorporated by reference: Attachment “A” – Scope of Work, Attachment “B” – Budget & Invoicing, Attachment
“C” – A-19 Certification, Attachment “D” – A-19 Activity Report
FOR CONTRACTOR FOR COMMERCE
«Sig_Auth_Whole_Name», «Sig_Authority_Title»
Date
Mark K. Barkley, Assistant Director, Local Government Division
Date
APPROVED AS TO FORM ONLY BY ASSISTANT
ATTORNEY GENERAL 05-01-2020.
APPROVAL ON FILE.
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SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 1
1. AUTHORITY
COMMERCE and Contractor enter into this Contract pursuant to the authority granted by the Interlocal
Cooperation Act, Chapter 39.34 RCW.
2. ACKNOWLEDGMENT OF FEDERAL FUNDS
Funds under the Contract are made available and are subject to Section 601(a) of the Social Security
Act, as amended by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (CARES
Act), and Title V and VI of the CARES Act.
The Contractor agrees that any publications (written, visual, or sound) but excluding press releases,
newsletters, and issue analyses, issued by the Contractor describing programs or projects funded in whole
or in part with federal funds under this Contract, shall contain the following statements:
“This project was supported by a grant awarded by US Department of the Treasury. Points of
view in this document are those of the author and do not necessarily represent the official position
or policies of the US Department of the Treasury. Grant funds are administered by the Local
Government Coronavirus Relief Fund thru the Washington State Department of Commerce.”
3. CONTRACT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for all
communications and billings regarding the performance of this Contract.
The Representative for COMMERCE and their contact information are identified on the Face Sheet of
this Contract.
The Representative for the Contractor and their contact information are identified on the Face Sheet of
this Contract.
4. COMPENSATION
COMMERCE shall pay an amount not to exceed the contract amount listed on the Face Sheet for the
performance of all things necessary for or incidental to the performance of work under this Contract as set
forth in the Scope of Work (Attachment A).
5. EXPENSES
Contractor shall receive reimbursement for allowable expenses as identified in the Scope of Work
(Attachment A) or as authorized in advance by COMMERCE as reimbursable.
Travel expenses may include airfare (economy or coach class only), other transportation expenses, and
lodging and subsistence necessary during periods of required travel. Contractor shall receive compensation
for travel expenses at current state travel reimbursement rates.
6. INDIRECT COSTS
Contractor shall provide their indirect cost rate that has been negotiated between their entity and the federal
government. If no such rate exists a de minimis indirect cost rate of 10% of modified total direct costs
(MTDC) will be used.
7. BILLING PROCEDURES AND PAYMENT
COMMERCE shall reimburse the Contractor for eligible Project expenditures, up to the maximum payable
under this Contract. When requesting reimbursement for expenditures made, Contractor shall submit all
Invoice Vouchers and any required documentation electronically through COMMERCE’s Contracts
Management System (CMS), which is available through the Secure Access Washington (SAW) portal. If
the Contractor has constraints preventing access to COMMERCE’s online A-19 portal, a hard copy A-19
form may be provided by the COMMERCE Project Manager upon request.
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SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 2
The voucher must be certified by an official of the Contractor with authority to bind the Contractor. The final
voucher shall be submitted to COMMERCE no later than November 15, 2020.
COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed
invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly.
The invoices shall describe and document, to COMMERCE's satisfaction, reimbursable expenditures as
set forth under the Scope of Work (Attachment A) and Budget & Invoicing (Attachment B). The invoice shall
include the Contract Number as stated on the Face Sheet.
Each voucher must be accompanied by an A-19 Certification (Attachment C) and A-19 Activity Report
(Attachment D). The A-19 Certification must be certified by an authorized party of the Contractor to certify
and attest all expenditures submitted on the voucher are in compliance with the United States Treasury
Coronavirus Relief Fund (“Fund”) Guidance for State, Territorial, Local, and Tribal Governments:
https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-State-Territorial-Local-
and-Tribal-Governments.pdf
The A-19 Activity Report must be submitted which describes, in Excel spreadsheet and narrative form, a
detailed breakdown of the expenditures within each applicable budget sub-category identified in the
voucher, as well as a report of expenditures to date. COMMERCE will not release payment for any
reimbursement request received unless and until the A-19 Certification and A-19 Activity Report is received.
After approving the Invoice Voucher, A-19 Certification and Activity Report, COMMERCE shall promptly
remit a warrant to the Contractor.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt
of properly completed invoices. Payment shall be sent to the address designated by the Contractor.
COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of
this Contract.
No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall
be made by COMMERCE.
Duplication of Billed Costs
The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE
shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other
source, including grants, for that service.
Disallowed Costs
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization
or that of its subcontractors.
Should the Contractor be found to spent funds inconsistent with federal laws, rules, guidelines, or otherwise
inappropriately, it is the responsibility of the Contractor to reimburse Commerce for any amount spent on
disallowed costs.
8. AUDIT
Contractor shall maintain internal controls providing reasonable assurance it is managing federal awards
in compliance with laws, regulations, and provisions of contracts or grant agreements that could have a
material effect on each of its federal programs; and prepare appropriate financial statements, including a
schedule of expenditures of federal awards.
If the Contractor is a subrecipient and expends $750,000 or more in federal awards from any and/or all
sources in any fiscal year, the Contractor shall procure and pay for a single audit or a program-specific
audit for that fiscal year. Upon completion of each audit, the Contractor shall:
9.A.b
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SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 3
A. Submit to COMMERCE the reporting package specified in OMB Super Circular 2 CFR 200.501,
reports required by the program -specific audit guide (if applicable), and a copy of any management
letters issued by the auditor.
B. Submit to COMMERCE follow-up and developed corrective action plans for all audit findings.
If the Contractor is a subrecipient and expends less than $750,000 in federal awards from any and/or all
sources in any fiscal year, the Contractor shall notify COMMERCE they did not meet the single audit
requirement.
The Contractor shall send all single audit documentation to auditreview@commerce.wa.gov.
9. DEBARMENT
A. Contractor, defined as the primary participant and it principals, certifies by signing these General Terms
and Conditions that to the best of its knowledge and belief that they:
i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency.
ii. Have not within a three-year period preceding this Contract, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public or private agreement or transaction,
violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, tax evasion, receiving
stolen property, making false claims, or obstruction of justice;
iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph
(1)(b) of federal Executive Order 12549; and
iv. Have not within a three-year period preceding the signing of this Contract had one or more
public transactions (Federal, State, or local) terminated for cause of default.
B. Where the Contractor is unable to certify to any of the statements in this Contract, the Contractor shall
attach an explanation to this Contract.
C. The Contractor agrees by signing this Contract that it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by COMMERCE.
D. The Contractor further agrees by signing this Contract that it will include the clause titled “Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered
Transaction,” as follows, without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions:
LOWER TIER COVERED TRANSACTIONS
i. The lower tier Contractor certifies, by signing this Contract that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
ii. Where the lower tier Contractor is unable to certify to any of the statements in this Contract,
such contractor shall attach an explanation to this Contract.
E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,
person, primary covered transaction, principal, and voluntarily excluded, as used in this section,
have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive
Order 12549. You may contact COMMERCE for assistance in obtaining a copy of these regulations.
10. LAWS
The Contractor shall comply with all applicable laws, ordinances, codes, regulations, and policies of local,
state, and federal governments, as now or hereafter amended, including, but not limited to:
9.A.b
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SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 4
United States Laws, Regulations and Circulars (Federal)
Contractor shall comply with Uniform Administrative Requirements, Cost Principles, and Audit Requirement
for Federal Award, 2 CFR 200, Subpart F – Audit Requirements.
Contractor shall comply with the applicable requirements of 2 CFR Part 200, including any future
amendments to 2 CFR Part 200, and any successor or replacement Office of Management and Budget
(OMB) Circular or regulation.
Contractor shall comply with Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil Rights
Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of
1990, Title IX of the Education Amendments of 1972, The Age Discrimination Act of 1975, and The
Department of Justice Non-Discrimination Regulations, 28 C.F.R. Part 42, Subparts C.D.E. and G, and 28
C.F.R. Part 35 and 39.
11. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence
in the following order:
• Applicable federal and state of Washington statutes and regulations
• Special Terms and Conditions
• General Terms and Conditions
• Attachment A – Scope of Work
• Attachment B – Budget & Invoicing
• Attachment C – A-19 Certification
• Attachment D – A-19 Activity Report
9.A.b
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GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 5
1. DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A. “Authorized Representative” shall mean the Director and/or the designee authorized in writing to
act on the Director’s behalf.
B. “COMMERCE” shall mean the Department of Commerce.
C. “Contract” or “Agreement” means the entire written agreement between COMMERCE and the
Contractor, including any attachments, documents, or materials incorporated by reference. E-mail
or facsimile transmission of a signed copy of this contract shall be the same as delivery of an
original.
D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this
Contract, and shall include all employees and agents of the Contractor.
E. “Personal Information” shall mean information identifiable to any person, including, but not limited
to, information that relates to a person’s name, health, finances, education, business, use or receipt
of governmental services or other activities, addresses, telephone numbers, social security
numbers, driver license numbers, other identifying numbers, and any financial identifiers.
F. ”State” shall mean the state of Washington.
G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or
part of those services under this Contract under a separate contract with the Contractor. The terms
“subcontractor” and “subcontractors” mean subcontractor(s) in any tier.
2. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
3. AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
4. ASSIGNMENT
Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred
or assigned by the Contractor without prior written consent of COMMERCE.
5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION
A. “Confidential Information” as used in this section includes:
i. All material provided to the Contractor by COMMERCE that is designated as “confidential” by
COMMERCE;
ii. All material produced by the Contractor that is designated as “confidential” by COMMERCE;
and
iii. All personal information in the possession of the Contractor that may not be disclosed under
state or federal law.
B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information
solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any
Confidential Information to any third party except with the prior written consent of COMMERCE or
as may be required by law. The Contractor shall take all necessary steps to assure that Confidential
Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of
Confidential Information or violation of any state or federal laws related thereto. Upon request, the
Contractor shall provide COMMERCE with its policies and procedures on confidentiality.
9.A.b
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GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 6
COMMERCE may require changes to such policies and procedures as they apply to this Contract
whenever COMMERCE reasonably determines that changes are necessary to prevent
unauthorized disclosures. The Contractor shall make the changes within the time period specified
by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any
Confidential Information that COMMERCE reasonably determines has not been adequately
protected by the Contractor against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working
days of any unauthorized use or disclosure of any confidential information, and shall take necessary
steps to mitigate the harmful effects of such use or disclosure.
6. COPYRIGHT
Unless otherwise provided, all Materials produced under this Contract shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be
considered the author of such Materials. In the event the Materials are not considered “works for hire”
under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in
all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE
effective from the moment of creation of such Materials.
“Materials” means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. “Ownership” includes the right to copyright, patent, register and the ability
to transfer these rights.
For Materials that are delivered under the Contract, but that incorporate pre-existing materials not
produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty-
free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and
represents that the Contractor has all rights and permissions, including intellectual property rights,
moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Contract, of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Contract. The
Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement
received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE
shall have the right to modify or remove any restrictive markings placed upon the Materials by the
Contractor.
7. DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in
the following manner: Each party to this Agreement shall appoint one member to the Dispute Board.
The members so appointed shall jointly appoint an additional member to the Dispute Board. The
Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a
determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority
prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As
an alternative to this process, either of the parties may request intervention by the Governor, as
provided by RCW 43.17.330, in which event the Governor's process will control.
8. GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of Washington,
and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior
Court for Thurston County.
9.A.b
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GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 7
9. INDEMNIFICATION
Each party shall be solely responsible for the acts of its employees, officers, and agents.
10. LICENSING, ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
11. RECAPTURE
In the event that the Contractor fails to perform this Contract in accordance with state laws, federal
laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an
amount to compensate COMMERCE for the noncompliance in addition to any other remedies available
at law or in equity.
Repayment by the Contractor of funds under this recapture provision shall occur within the time period
specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments
due under this Contract.
12. RECORDS MAINTENANCE
The Contractor shall maintain books, records, documents, data and other evidence relating to this
contract and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature
expended in the performance of this contract.
The Contractor shall maintain records that identify, in its accounts, all federal awards received and
expended and the federal programs under which they were received, by Catalog of Federal Domestic
Assistance (CFDA) title and number, award number and year, name of the federal agency, and name
of the pass-through entity.
The Contractor shall retain such records for a period of six (6) years following the date of final payment.
At no additional cost, these records, including materials generated under the contract, shall be subject
at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall
be retained until all litigation, claims, or audit findings involving the records have been resolved.
13. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or
terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day
notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding
limitations and conditions.
14. SEVERABILITY
The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the contract.
15. SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written
approval of COMMERCE.
If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,
COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they
9.A.b
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GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 8
relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity;
or (c) require the Contractor to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. Contractor
shall incorporate 2 CFR Part 200, Subpart F audit requirements into all subcontracts. The Contractor
is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition
of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure
fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or
reduce the liability of the Contractor to COMMERCE for any breach in the performance of the
Contractor’s duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for
claims or damages arising from a Subcontractor’s performance of the subcontract.
16. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract shall
so survive.
17. TERMINATION FOR CAUSE
In the event COMMERCE determines the Contractor has failed to comply with the conditions of this
contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before
suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need
to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be
terminated or suspended.
In the event of termination or suspension, the Contractor shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original contract and the replacement
or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of
the competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or
prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to
terminate the contract. A termination shall be deemed a “Termination for Convenience” if it is
determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her
control, fault or negligence.
The rights and remedies of COMMERCE provided in this contract are not exclusive and are in addition
to any other rights and remedies provided by law.
18. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this
Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of
this Contract for services rendered or goods delivered prior to the effective date of termination.
19. TERMINATION PROCEDURES
Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract,
may require the Contractor to deliver to COMMERCE any property specifically produced or acquired
for the performance of such part of this contract as has been terminated. The provisions of the
"Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case the
Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree
9.A.b
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GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 9
with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract.
COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized
Representative determines to be necessary to protect COMMERCE against potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Contractor shall:
A. Stop work under the contract on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the contract that is not terminated;
C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized
Representative, all of the rights, title, and interest of the Contractor under the orders and
subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or
pay any or all claims arising out of the termination of such orders and subcontracts;
D. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the Authorized Representative to the extent the
Authorized Representative may require, which approval or ratification shall be final for all the
purposes of this clause;
E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by
the Authorized Representative any property which, if the contract had been completed, would have
been required to be furnished to COMMERCE;
F. Complete performance of such part of the work as shall not have been terminated by the Authorized
Representative; and
G. Take such action as may be necessary, or as the Authorized Representative may direct, for the
protection and preservation of the property related to this contract, which is in the possession of
the Contractor and in which the Authorized Representative has or may acquire an interest.
20. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct
item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property
by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this
contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the
performance of this contract, or (ii) commencement of use of such property in the performance of this
contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first
occurs.
A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the performance of this contract.
B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results
from the negligence of the Contractor or which results from the failure on the part of the Contractor
to maintain and administer that property in accordance with sound management practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify
COMMERCE and shall take all reasonable steps to protect the property from further damage.
D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this contract
All reference to the Contractor under this clause shall also include Contractor’s employees, agents
or Subcontractors.
9.A.b
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GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 10
21. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach.
Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be
such in writing and signed by Authorized Representative of COMMERCE.
9.A.b
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Attachment A
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 11
Scope of Work
This funding is made available under section 601(a) of the Social Security Act, as added by section 5001
of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) and Section V and VI of the
CARES Act, for costs incurred due to the public health emergency with respect to the Coronavirus Disease
2019 (COVID-19). Under the CARES Act, the Coronavirus Relief Fund may be used to cover costs that:
1. Are necessary expenditures incurred due to the public health emergency with respect to the
Coronavirus Disease 2019 (COVID–19); AND
2. Are not accounted for in the budget most recently approved as of March 27, 2020 (the date
of enactment of the CARES Act) for the State or government.
These funds may be used to reimburse for expenditures incurred during the period of March 1, 2020 thru
Oct. 31, 2020. Please note: In order to ensure all funds have been fully utilized prior to the US
Treasury’s December 30, 2020 end date, the State of Washington must closeout contracts by October
31, 2020. All final requests for reimbursement must be received no later than November 15, 2020.
Expenditures must be used for necessary actions taken to respond to the public health emergency. These
may include expenditures incurred to allow the local government to respond directly to the emergency, such
as by addressing medical or public health needs, as well as expenditures incurred to respond to second-
order effects of the emergency, such as by providing economic support to those suffering from employment
or business interruptions due to COVID-19-related business closures.
Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not
otherwise qualify under the statute. Although a broad range of uses is allowed, revenue replacement is not
a permissible use of Fund payments.
Payments may be used only to cover costs not accounted for in the budget most recently approved as of
March 27, 2020. A cost meets this requirement if either:
1. The cost cannot lawfully be funded using a line item, allotment, or allocation within that budget; OR
2. The cost is for a substantially different use from any expected use of funds in such a line item,
allotment, or allocation.
The “most recently approved” budget is the enacted budget for the relevant fiscal period for the particular
government. A cost is not considered to have been accounted for in a budget merely because it could be
met using a budgetary stabilization fund, rainy day fund, or similar reserve account.
Allowable expenditures include, but are not limited to:
1. Medical expenses such as:
a. COVID-19-related expenses of public hospitals, clinics, and similar facilities.
b. Expenses of establishing temporary public medical facilities and other measures to increase
COVID-19 treatment capacity, including related construction costs.
c. Costs of providing COVID-19 testing, including serological testing.
d. Emergency medical response expenses, including emergency medical transportation, related
to COVID-19.
e. Expenses for establishing and operating public telemedicine capabilities for COVID-19-related
treatment.
2. Public health expenses such as:
9.A.b
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Attachment A
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 12
a. Expenses for communication and enforcement by State, territorial, local, and Tribal
governments of public health orders related to COVID-19.
b. Expenses for acquisition and distribution of medical and protective supplies, including
sanitizing products and personal protective equipment, for medical personnel, police officers,
social workers, child protection services, and child welfare officers, direct service providers for
older adults and individuals with disabilities in community settings, and other public health or
safety workers in connection with the COVID-19 public health emergency.
c. Expenses for disinfection of public areas and other facilities, e.g., nursing homes, in response
to the COVID-19 public health emergency.
d. Expenses for technical assistance to local authorities or other entities on mitigation of COVID-
19-related threats to public health and safety.
e. Expenses for public safety measures undertaken in response to COVID-19.
f. Expenses for quarantining individuals.
3. Payroll expenses for public safety, public health, health care, human services, and similar
employees whose services are substantially dedicated to mitigating or responding to the COVID-
19 public health emergency.
4. Expenses of actions to facilitate compliance with COVID-19-related public health measures, such
as:
a. Expenses for food delivery to residents, including, for example, senior citizens and other
vulnerable populations, to enable compliance with COVID-19 public health precautions.
b. Expenses to facilitate distance learning, including technological improvements, in connection
with school closings to enable compliance with COVID-19 precautions.
c. Expenses to improve telework capabilities for public employees to enable compliance with
COVID-19 public health precautions.
d. Expenses of providing paid sick and paid family and medical leave to public employees to
enable compliance with COVID-19 public health precautions.
e. COVID-19-related expenses of maintaining state prisons and county jails, including as relates
to sanitation and improvement of social distancing measures, to enable compliance with
COVID-19 public health precautions.
f. Expenses for care for homeless populations provided to mitigate COVID-19 effects and enable
compliance with COVID-19 public health precautions.
5. Expenses associated with the provision of economic support in connection with the COVID-19
public health emergency, such as:
a. Expenditures related to the provision of grants to small businesses to reimburse the costs of
business interruption caused by required closures.
b. Expenditures related to a State, territorial, local, or Tribal government payroll support program.
c. Unemployment insurance costs related to the COVID-19 public health emergency if such costs
will not be reimbursed by the federal government pursuant to the CARES Act or otherwise.
6. Any other COVID-19-related expenses reasonably necessary to the function of government that
satisfy the Fund’s eligibility criteria.
9.A.b
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Attachment B
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 13
Budget & Invoicing
The Contractor shall determine the appropriate budget and use of funds within the following 6 budget
categories and their sub-categories:
1. Medical
2. Public Health
3. Payroll
4. Actions to Comply with Public Health Measures
5. Economic Support
6. Other Covid-19 Expenses
The Contractor shall submit invoice reimbursement requests to the Commerce Representative using the
Commerce Contract Management System’s (CMS) Online A-19 Portal. Each reimbursement request must
include:
1. A-19 Certification form – An authorized party of the local government will certify each invoice (A19)
submitted for reimbursement and attest that all incurred expenditures meet the US Treasury
Department’s guidance: https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-
Guidance-for-State-Territorial-Local-and-Tribal-Governments.pdf
2. A-19 Activity Report
3. A detailed breakdown of the expenditures incurred within each applicable budget sub-category on
the A-19 Activity Report.
The A-19 Certification and Activity Report templates will be provided with the executed contract. The
documents are included in Attachment C and Attachment D for reference.
Receipts and proof of payment for costs incurred do not need to be submitted with A-19s. All contractors
are required to maintain accounting records in accordance with state and federal laws. Records must be
sufficient to demonstrate the funds have been used in accordance with section 601(d) of the Social Security
Act. Commerce reserves the right to audit any costs submitted for reimbursement. The Contractor shall
comply with Commerce A-19 audits and provide the appropriate records upon request.
9.A.b
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Attachment C
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 14
9.A.b
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Attachment C
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 15
9.A.b
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Attachment D
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 16
9.A.b
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Attachment D
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 17
9.A.b
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CORONAVIRUS RELIEF FUNDS FOR LOCAL GOVERNMENTS
Coronavirus Relief Funds for Local Governments
Contract Working Papers
Local Government Name: Kent
COM Contract Number: 20-6541C-211
COM Short Code: CV20211
Grant Amount: $3,894,000
Instructions:
Before you can receive funds a contract will need to be executed between your local
governmental entity and the state. Please follow these steps to get the contracting process
started:
1. Completely fill out the survey questions by typing your responses in the electronic
version of this form;
2. Compile and email these documents to: Susan Butz at susan.butz@commerce.wa.gov
All grantees are required to set up an SWV number so funds may be sent electronically. Please
find detailed instructions here: Office of Financial Management. It may take up to three weeks
after you submit this information for an electronic transfer account to be set up. You may
immediately submit your contract readiness survey to us; we will automatically receive your
SWV number from the office that sets them up.
Thank you for your assistance in making this contract-writing process as quick and easy as
possible!
If you have any questions or need additional information, please contact
Susan Butz, at susan.butz@commerce.wa.gov or (360) 764-9552.
Page 1 of 560
9.A.c
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GRANTEE INFORMATION
* Required Field
1 List the contact information for the person who will administer
the grant once the contract is signed. Grant documents and
correspondence will be sent to this person.
First Name: *
Last Name: *
Title: *
E-mail Address: *
Telephone
Number: *
2 Street Address: *
City: *
Zip Code: *
3 Statewide Vendor
(SWV) number: *
4 Your Federal
Indirect Rate:
5 Your fiscal
year end date:
6 List the name and title for the person authorized by this
organization to sign the contract.
First Name:
Last Name:
Title:
Page 2 of 560
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DATE: June 2, 2020
TO: Kent City Council
SUBJECT: Consultant Services Agreement with Aerospace Machinists
Joint Training Committee - Authorize
MOTION: Authorize the Mayor to sign an agreement with the Aerospace
Machinists Joint Training Committee, to support recovery of the Kent
Valley Industrial base from coronavirus impacts through subsidized wages
for dislocated workers, amend the budget and authorize expenditure of the
funds in accordance with terms and conditions acceptable to the Economic
and Community Development Director and City Attorney.
SUMMARY: The Aerospace Machinists Joint Training Committee, d/b/a Aerospace
Apprenticeship Committee (AJAC), will establish and coordinate training and
employer engagement strategies that incentivize hiring and training of entry-level
and low income/low skilled incumbent workers in response to the COVID-impacted
workplaces and local economy. AJAC will:
· Establish and provide financial aid to allow tuition free training for dislocated
workers and low income/lower skilled workers in the Kent Valley.
· Provide on-the-job training (OJT) support to manufacturing companies who
hire and train new workers, including entry-level OJT training plans and a
wage reimbursement for up to $2,200 dollars per worker.
· Engage Kent Valley manufacturing employers to promote AJAC training and
wage reimbursement incentive funding to hire and train new workers
(including the recently laid off).
This authorization is for $97,500 between now and the end of 2020. The City will be
reimbursed up to $65,000 from the Port of Seattle through its Port Partnership
Program Interlocal Agreement for this work.
This project continues the long-range economic development efforts to grow unique
training offerings and partnerships through the Kent Training Center run by AJAC,
and previously funded through Port of Seattle Partnership Program in 2017.
BUDGET IMPACT: As detailed in the summary.
9.B
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SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. AJAC 2020 Consultant Services Agreement & Scope (PDF)
9.B
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CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Aerospace Machinists Joint Training Committee
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter
the "City"), and Aerospace Machinists Joint Training Committee, d/b/a Aerospace Apprenticeship Committee
(AJAC), a nonprofit corporation organized under the laws of the State of Washington , located and doing
business at Kent, Washington (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following described
plans and/or specifications:
the Aerospace Machinists Joint Training Committee will establish and coordinate training and
employer engagement strategie s that incentivize hiring and training of entry-level and low
income/low skilled incumbent workers in response to the COVID-impacted workplaces and
local economy. AJAC will:
a. Establish and provide financial aid to allow tuition free training for dislocated workers and
low income/low skilled workers in the Kent Industrial Valley.
b. Provide On -the-Job Training (OJT) supports to manufacturing companies who hire and train
new workers, including entry-level OJT training plans and a wage reimbursement for up to
$2,200 dollars per worker.
c. Engage Kent Industrial Valley manufacturing employers to promote AJAC training and wage
reimbursement incentive funding to hire and train new workers
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work
described in Section I by June 30, 2021.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
$97,500, for the services described in this Agreement. This is the maximum amount to be
paid under this Agreement for the work described in Section I above, and shall not be
exceeded without the prior written authorization of the City in the form of a negotiated and
executed amendment to this agreement . The Consultant agrees that the hourly or flat rate
charged by it for its services contracted for herein shall remain locked at the negotiated rate(s)
for a period of one (1) year from the effective date of this Agreement. The Consultant's billing
rates shall be as delineated in Exhibit A.
B. The Consultant shall submit quarterl y payment invoices to the City for work performed, and
a final bill upon completion of all services described in this Agreement. The City shall provide
payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any
portion of an invoice, it shall notify the Consultant and reserves the option to only pay that
9.B.a
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CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant’s services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Consultant’s services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal Revenue
Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant’s
business, and has obtained a Unified Business Identifier (UBI) number from the State
of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of its
business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the
City’s use of Consultant’s records or data is not related to this project, it shall be without liability or legal
exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who
is qualified and available to perform the work to which the employment relates. Consultant shall execute
the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
pe rformance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds
to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials,
9.B.a
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CONSULTANT SERVICES AGREEMENT - 3
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employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless,
and Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then
Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and
reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal
on the Consultant’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable
accuracy of any information supplied by it to Consultant for the purpose of completion of the work under
this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by
the Consultant. Consultant shall make such data, documents, and files available to the City upon the City’s
request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act
codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate
fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use
or reuse of any of the documents, data, and files created by Consultant for this project by anyone other
than Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with
the authority to control and direct the performance and details of the work authorized under this Agreement,
the work must meet the approval of the City and shall be subject to the City's general right of inspection to
secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in th e
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials,
tools, or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practi cable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
9.B.a
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CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written Notice . All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non -assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be made
without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part of
or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Consultant's
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the
City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties
and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code.
/ /
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9.B.a
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CONSULTANT SERVICES AGREEMENT - 5
(Over $20,000)
K. Counterparts and Signatures by Fax or Email. This Agr eement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONSULTANT:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Dana Ralph
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
Chris Pierson
Aerospace Joint Apprenticeship Committee
6770 East Marginal Way South
Bldg A-106
Seattle, WA 98108
206-546 -8859 (telephone)
CPierson@ajactraining.ofg
NOTICES TO BE SENT TO:
CITY OF KENT:
William Ellis
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856 -5707 (telephone)
(253) 856 -6554 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
Kent City Clerk
[In this field, you may enter the electronic filepath where the contract has been saved]
9.B.a
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EEO COMPLIANCE DOCUMENTS - 1
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex,
race, color, national origin, age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
9.B.a
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EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and state
laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal
employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
9.B.a
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EEO COMPLIANCE DOCUMENTS - 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
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EXHIBIT A
SCOPE OF WORK/SPECIFIC REQUIREMENTS
1. Scope of Work:
The Aerospace Joint Apprenticeship Committee (AJAC) will accomplish the following:
• Tuition-Free Training:
o Provide financial aid to allow tuition free training for at least 50 dislocated workers and
low income/low skilled incumbent workers in South King County.
o Identify and develop new short-term training program offerings at the Kent Training
Center, redesigned to respond to the COVID-impacted workplace.
• On-the-Job Training (OJT) Incentive Funding:
o Administer and track entry-level OJT training plans for new hires up to 6 months of
employment.
o Offer manufacturing employers wage reimbursements for up to 50% of wages up to
$2,200 for new hires or other eligible incumbent workers where an OJT training plan is
implemented.
• Engage Employers:
o Engage at least 15 employers in the planning and design of training, as well as the
screening and placement of participants.
o Incentivize employers to hire and/or retain vulnerable entry-level staff.
o Promote career advancement opportunities through short-term training and
apprenticeship offerings.
2. Metrics, Deliverables and Final Report:
Goals: Strategies: Outcomes&
Metrics
Deliverable
Better prepare low-
income residents of
Kent for careers in
adv anced
manufacturing
• Short -term
training
• Apprenticeship
• Outreach to:
WorkSource;
Neighborhood
House; SJI;
Multi-Service
Center; PIE;
TRAC Associates;
Pacific
Associates; King
County Housing
Authority, etc.
• Knowledge
gains
• Credentialed
completion
• Job
placement
At least 50 job
seekers or
incumbent
workers receive
training
9.B.a
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• Online
assessments/
screening for
financial aid
eligibility;
• Provision of
financial aid for
those who do
not qualify for
aid
• 1.0 leveraged
FTE Navigator
• 1.0 leveraged
FTE instructor
Incentivize Kent
Industrial Valley
manufacturing
companies to hire
and train local
residents
• Provide OJT
training plans for
entry-level jobs
• Provide wage
reimbursement
incentive up to
$2,200 per for
new workers
hired/trained
• .25 FTE Business
Developer
• .25 FTE Business
Services Manager
• Job
placement
• OJT training
plans
completed
• Employers
served
At least 10 OJT
training
participants with
wage
reimbursements
at 3+ companies
Engage Kent
Industrial Valley
employers around
AJAC-supported
training and
placement
resources and
opportunities
• Social media,
AJAC
newsletter, AMP
website, and
email promotion
of AJAC training
programs and
OJT incentive
funding
• Virtual and in-
person meetings
with employers
• Program
planning and
design
• Website
visits
• Newsletter
subscriptions
• Employers
served
At least 20
employers
served
The City may request periodic project updates from AJAC.
9.B.a
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3. Definition and restatement of how funds are to be used.
Category: Port of Seattle Funds: Matching
Funds:
Total
Funds:
Business Admin/Service
Delivery (.5 FTE)
$27,500 $32,500.00 $60,000
Training Subsidies $10,500 $10,500
OJT Wage Reimbursement $22,000 $22,000
Marketing/Outreach of
Programs
$5,000 $5,000
TOTAL FUNDS $65,000.00 $32,500.00 $97,500.00
4. Port Approval and Recognition:
a. All projects must utilize and identify the Port and City of Kent as a partner or
sponsor. Prior to implementation, Port requires a review of the proposed
placement of the Port logo on advertising, promotion materials, booth displays,
online, digital or printed materials.
b. Prior to specific advertising execution or implementation, the Port will review
and approve the advertising placement and schedule.
5. The Agreement and Final Report:
6. Miscellaneous:
These funds cannot be used to underwrite general or capital expenses associated with an event
or program already in progress.
TASK DESCRIPTION SCHEDULE
Task 3 Final Report and Accounting:
1. Provide a detailed report on the results of
the project as outlined in the Scope of Work
2. Provide a detailed report on the Project
Metrics as outlined above.
3. Provide copies of all printed promotional
materials.
4. Provide links to any softcopy materials.
5. Provide a detailed accounting of the monies
spent, including City’s 50% matching funds.
No later than
July 31, 2021
9.B.a
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