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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 5/15/2018adccW18328 CITY OF KENT Council MeetingAgenda Mayor Dana Ralph Council President Bill Boyce Councilmembers Vacant Position No. 1 Brenda Fincher Satwinder Kaur Les Thomas Toni Troutner Dennis Higgins May 15, 2018 This page intentionally left blank. KENT CITY COUNCIL AGENDAS May 15, 2018 Council Chambers Mayor Dana Ralph Council President Bill Boyce Vacant Council Position No. 1 Councilmember Dennis Higgins Councilmember Brenda Fincher Councilmember Les Thomas Councilmember Satwinder Kaur Councilmember Toni Troutner ******************************************************************** WORKSHOP AGENDA 5 p.m. Subject Speaker Time Sound Transit Sounder Access Danielle Butsick 20 min Improvement Project Karen Kitsis Chelsea Levy 228th/ 224th Street Corridor Funding Tim LaPorte & Public Works Staff 45 min Remaining Segments COUNCIL MEETING AGENDA 7 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff 4. PUBLIC COMMUNICATIONS A. Public Recognition i. Swearing in of Chief Padilla ii. Representative Tina Orwall – Legislative Update - Session Wrap-Up iii. Community Arts Support Grant Recipient iv. Kent Lions Club Recognition v. Proclamation for National Police Week vi. Proclamation for National Public Works Week vii. Proclamation for Relay for Life – Kent Days viii. Proclamation for Kent International Day B. Community Events C. Public Safety Report 5. REPORTS FROM COUNCIL AND STAFF 6. PUBLIC HEARING 7. PUBLIC COMMENT - – If you wish to speak to the Council, please sign up at the City Clerk’s table adjacent to the podium. When called to speak, please state your name and address for the record. You will have up to three minutes to provide comment. Please address all comments to the Mayor or the Council as a whole. The Mayor and Council may not be in a position to answer questions during the meeting. 8. CONSENT CALENDAR A. Minutes of May 15, 2018, Workshop and Council Meeting – Approve B. Payment of Bills – Approve C. Excused Absence for Councilmember Thomas - Approve D. School Zone Traffic Safety Camera Program Fund Expenditures – Approve E. CORE Networking Routing Contract for Technical Hardware Upgrade – Authorize F. South 228th Street Interurban Trail Connector Project Acceptance of Grant Funds – Accept 9. OTHER BUSINESS 10. BIDS A. 2018 Crack Sealing Project – Award B. 2018 Paint Line Striping and RPM Replacement Project – Award C. Kent Springs and Pump Station No. 4 Electrical Upgrades Project – Award 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT 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 at 1-800-833-6388. COUNCIL WORKSHOP A) Sound Transit Sounder Access Improvement Project – Danielle Butsick/Karen Kitsis, Chelsea Levy B) 228th/224th Street Corridor Funding Remaining Segments – Tim LaPorte and Public Works Staff This page intentionally left blank. AGENDA APPROVAL Changes from Council, Administration, or Staff This page intentionally left blank. PUBLIC COMMUNICATIONS A) Public Recognition i. Swearing in of Chief Padilla ____________________________________________________________ ii. Representative Tina Orwall – Legislative Update - Session Wrap-Up ____________________________________________________________ iii. Community Arts Support Grant Recipient _____________________________________________________________ iv. Kent Lions Club Recognition _____________________________________________________________ _____________________________________________________________ v. Proclamation for National Police Week _____________________________________________________________ _____________________________________________________________ vi. Proclamation for National Public Works Week _____________________________________________________________ _____________________________________________________________ vii. Proclamation for Relay for Life – Kent Days _____________________________________________________________ _____________________________________________________________ viii. Proclamation for Kent International Day _____________________________________________________________ _____________________________________________________________ B) Community Events C) Public Safety Report This page intentionally left blank. PROCLAIVIATION WHEREAS, the Congress and President of the United States have designated May 15 as Peace Officer's Memorial Day, and the week in which May 15 falls as National Police week; and WHEREAS, the members of the Kent Police Department play an essential role in safeguarding the rights and freedoms of the citizens of Kent; and WHEREAS,it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their police officers, and that members of our police department recognize their duty to serve people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and WHEREAS, the men and women of law enforcement unceasingly provide a vital public service; and place their lives before the citizens witnessed too many times in2017; and NOW, THEREFORE, l, Mayor Dana Ralph, call upon all citizens of Kent and upon all patriotic, civic and educational organizations to observe the week of May 13-19 as ''NATIONAL POLICE WEEK" and join me in commemorating law enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and for preserving the rights and security of all citizens. lt is also requested that all flags be lowered to half-staff as directed under Presidential Order in honor of the law enforcement personnel, who through their courageous deeds, have made the ultimate sacrifice in service to their community, and let us recognize and pay respect to the survivors of our fallen heroes. Dated this 15th d ay of May, 2018 KENT WASHtNGToN Mayor Dana Ralph This page intentionally left blank. PROCLAMATTON Public Works - First Responders for Infrastructure Whereas, the City of Kent recognizes the men and women in Kent who provide and maintain public works infrastructure, facilities and services are of vital importance to sustainable communities and to the health, safety and well-being of the people; and, Whereas,such facilities and services could not be provided without the dedicated efforts of public works professionals, engineers, managers and employees from State and local government and the private sector, who are responsible for and who plan, design, build, operate, and maintain the transportation, water, wastewater, drainage infrastructure and facilities, and who deliver solid waste services, transit, and fleet services which are essential to serve our citizens; and, Whereas, ¡t is in the public interest for the citizens, civic leaders and children in the United States of America to gain knowledge of and to maintain an interest and understanding of the importance of public works programs in their respective communities; and Whereas, the year 2018 marks the s8th annual National Public Works Week sponsored by the American Public Works Association; and NOW. THEREFORE, I, Mayor Dana Ralph, do hereby proclaim the week of May 20-26, 2018 as National Public Works Week and urge all our citizens to pay tribute to our public works professionals, engineers, managers and employees and to recognize the substantial contributions they have made to our national health, safety, welfare and quality of life. IN WTTNESS WHEREOF,I have hereunto set my hand and caused to be affixed t the city of Kent this 15th day of May 2018. KENT WASHtNGToN Mayor D.ana Ralph This page intentionally left blank. PROCLAMATTON wHEREASI the American Cancer Society is the nationwide, community-based voluntary health organization dedicated to eliminating cancer as a major health problem through research, education, advocacy and service; and WHEREAS, Relay For Life is the nationwide signature activity for the American Cancer Society funding over $150 million in cancer research each year; and WHEREAS,Relay For Life is an l8-hour community event that celebrates survivors, remembers those who have lost their battle with cancer and unites our city to fight against a disease that has taken too much from too many; and WHEREAS,the Relay for Life of Kent raises money to fight cancer, greatly increases community awareness of cancer, and stimulates a real sense of relationship and camaraderie among the participants; and NOW, THEREFORE, I, Dana Ralph, Mayor of the City of Kent, do hereby declare June 1-2, 2018 as *RELAY FOR LIFE - KENT DAYS" in the city of Kent and encourage citizens to join me by participating in this year's Relay for Life event. There is no finish line until we find a cure! Date this 15th day of May, 2018 I KENT r\ I ' t,.' " ')iL"'"t't '' '"t'"''''' ''ì¡ho\f,,P .., l'¿a',ls t,. (l r,¡t, ,2.i,.Íìi'; li,,rål,ii ¡1., 'í /¿ ..' 1.,,, r,,,0 n,, n,,,,,,,,,t l' ' (tl; \tt\ \'.WASHtN(}ToN Mayor Dana Ralph This page intentionally left blank. PROCLAMATION wHEREAS,the Kent International Festival started as a vision of Mayor Suzette Cooke and a few local business owners in response to the ever growing multicultural populations who have come to live and work in Kent; and wHEREAS,the Kent International Festival is a yearly celebration of the cultural diversity represented in the Kent community and South King County. Celebrated on the first Saturday after Memorial Day, we believe that through coming together and celebrating our heritages with respect and understanding, we build a stronger sense of community that is inclusive of all; and WHEREAS,the first festival was held June of 2009 at Town Square Plaza with 1500 estimated in attendance. The fifth year was the last year held on the plaza, the festival moved to its new home in the acesso ShoWare Center where we will mark our 10th year; and WHEREAS, Kent is one of the most multicultural diverse cities - many of these cultures are actively involved in the festival; and WHEREAS' Kent prides itself on being a city where people of all cultures and faiths are welcome, respected and able to live in harmony with one another; and WHEREAS, the Kent International theme is "Learn from Each Other", NOW, THEREFORE, I, Dana Ralph, Mayor of the city of Kent, do hereby proclaim Saturday, June 2, 2018 as KENT TNTERNATTONAL DAY and encourage all residents celebrate our rich diversity with respect and understanding as we build a stronger community inclusive to all. Please join this yearly celebration of cultural diversity at the accesso ShoWare on Saturday, June 2, 2018. In witness whereof, I have hereunto set my hand and caused the seal of Kent to be affixed this 15th day of May, 2018. KENT Wasr-ttNctoN na Ralph, Mayor This page intentionally left blank. REPORTS FROM COUNCIL AND STAFF Mayor Ralph: Derek Matheson/Administration: Council President Boyce: Councilmember Kaur: Councilmember Higgins: Councilmember Troutner: Councilmember Thomas: Councilmember Fincher: This page intentionally left blank. Page 9 of 9 OFFICE OF THE MAYOR Derek Matheson, Chief Administrative Officer Phone: 253-856-5700 Fax: 253-856-6700 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: 05/15/18 TO: Mayor Ralph Councilmembers FROM: Derek Matheson, Chief Administrative Officer SUBJECT: CAO Report for Tuesday, May 15, 2018 The Chief Administrative Officer’s report is intended to provide Council, staff and community an update on the activities of the City of Kent. ADMINISTRATION • Congratulations to new Police Chief Raf Padilla and thank you to former Chief Ken Thomas for his 29-years of service to the city. • We are down to seven applicants for City Council: one withdrew due to residency issues. The council plans conduct interviews and appoint a new member in June. • The mayor, council president, CAO, HR director, and performance analyst have agreed on a recommended “strategic framework”, i.e. vision, mission, goals, and values. Staff will present a resolution to the Operations Committee and City Council in the near future. Communications • The Communications department is working closely with Public Works on a number of public outreach plans to address the summer construction season. To help us manage this work and better communicate with the public, we are utilizing a project management tool and have created a template to be used with Public Works and other departments to help us determine timelines, scope of work, outreach tools, etc. We are also working on some new outreach efforts, more strategic messaging and training. Community Engagement • The 10th annual Kent International Festival will be held on Saturday June 2 at the accesso ShoWare center. The coordinating committee, which includes the City’s Community Engagement Coordinator, is looking for individuals who want to volunteer at the festival and help run the event. They have volunteer openings for the snack bar, food court, three entertainment stages, and set up and break down. If you’re interested in volunteering, please reach out to Uriel Varela at uvarela@KentWA.gov. Neighborhood Program • Congratulations to Connection Condominiums and Kent Downtown Partnership on being awarded Kent Neighborhood Program Matching Grant funds for two community projects. Both neighborhood groups were formally recognized earlier this year by Page 9 of 9 Kent City Council. Connection Condominiums requested funding for water barrels to connect to their downspouts for their community garden. Kent Downtown Partnership requested funding to create a mural that will be attached to the west side of the Around the Clock building on 6th Avenue South, between West Gowe Street and West Meeker Street. The mural is called, “hands of diversity linked together.” ECONOMIC AND COMMUNITY DEVELOPMENT • Staff hosted the Executive Director of Washington State’s Center of Excellence for Global Trade and Supply Chain management to discuss cooperation on a place-based strategy for meeting the occupational demands of businesses in the Kent Industrial Valley, and to cooperate on employer outreach. • Staff met with Sr. VP for Human Resources at Oberto to learn more about their planned updates to factory operations. • Staff received an update from Berk Consulting, who is completing a study for Puget Sound Regional Council to define the (outer) space industry sector. The City and Blue Origin are contributors with several other local governments to this work, which will help policy makers to measure the contributions of the emerging “newspace” industry. • Staff provided a tour for the Economic Development Council of Seattle & King County’s two current staffers to acquaint them with Kent’s industrial landscape, recruitment priorities, and discuss the continuing transition into the Regional Trade and Economic Development Alliance. • Staff attended the Washington Manufacturing Awards night to cheer on Pacific Metallurgical who won the gold for manufacturer of the year. • Staff met with a commercial broker representative of a Seattle firm seeking to relocate into the Kent area; as they are having difficulty finding sites to acquire. Long Range Planning • Long range planning staff worked with Public Works staff to apply for federal funding for Meet Me on Meeker (MMOM). This grant opportunity – the Congestion Mitigation and Air Quality funds from the Federal Highway Administration – has a specific “Non- Motorized Set Aside” for bike/ped projects such as MMOM. Staff drafted a 6,000 word application for the segment of Meeker between the private developments at Marquee on Meeker and 64th and Meeker. If awarded, this funding would help construct a complete non-motorized connection from Green River all the way to 64th Avenue— leveraging significant private investment as well as city placemaking funds. Code Enforcement • Following the “dangerous building” determination for the Command Labor building on Lincoln Avenue & Smith Street, the owner has begun demolition of the structure starting with removal of the siding to prevent transient use in the interim. Staff is also pursuing court authorization for the City to demolish in case the work is not completed. • Code enforcement staff is awaiting the asbestos survey results for a partially burnt, abandoned house on 98th Avenue South. If no asbestos is found, demolition by the City’s contractor can begin after a 10-day waiting period required by the Puget Sound Clean Air Agency. • Code enforcement and legal staff is finalizing an ordinance authorizing code enforcement officers to issue civil infractions to shorten the enforcement process, lessen paperwork and achieve faster compliance. The ordinance will be discussed with the Economic & Community Development Committee in May and June. Page 9 of 9 Current Planning • Staff is working to streamline several permitting processes, including plats and short plats, small cell facilities and zoning determinations. Administration • ECD and PW Administration worked with energy, communication and cable utility providers to dramatically reduce the time and expense of permitting for those providers to do common repairs and maintenance of their systems in the public right of way. The streamlined process went live on May 1 and enables PSE and others to provide faster, lower cost service to their customers located in Kent. Permit Center/Building Services • ECD continues its effort to recruit and hire staff in the Building Department, an effort that is challenged by the region’s tight labor market in this industry. • 10 Projects are fully permitted and can begin work. • Six other major projects are on track to begin shortly. • 376 permits were issued. • Valuation estimate for new permitted development: $29,060,828.00 • Building Inspectors completed 1,906 inspections. FINANCE – No report HUMAN RESOURCES Community Outreach • Four students from the Kent School District’s iGrad program began their internship experiences in Administration and Human Resources. • The May Cultural Community Conversation was held on Wednesday, May 9, from 9- 10 AM in Council Chambers. In honor of Asian-Pacific American Heritage Month, our guest speakers shared wartime experiences of Japanese Americans in the White River Valley and, specifically, in the City of Kent. If you missed any of the presentations, you can view them in HR on CitySpace. Labor, Class & Compensation • Finalizing Memoranda of Understanding (MOU). • Continuing the 2018 update of City policies. • Completing reclassifications from various departments. • Continuing work on ongoing investigations. • Beginning work on updating and revising the City’s job description format. Recruitment • Interviews were held for the Combination Building Inspector (TLT) on Friday, May 4. • Testing for the Accounting Services Assistant will be conducted Wednesday, May 9. • ECD Planning Technician candidate testing will take place on May 10 and interviews are scheduled for May 16 and 17. • Practical exams and interviews for Public Works MW IV- Water Distribution will take place on Monday, May 14. • Interviews on May 10 for the IT Department Applications Developer. • The following new employees will be starting on May 16: Troy Saghafi (PW), Matthew Coy (PW), and Kelly Maughan (Parks-Facilities). • ECD is pleased to welcome Kaelene Nobis to their team, who filled a vacated Planner position on May 1. Sara Ullman will also be joining ECD on June 1 as a Planner, back- filling Erin George’s position, who was promoted to Current Planning Manager. Page 9 of 9 • Working to create new application templates in order to comply with HB 1298 (WA Fair Chance Act), SB 6145, pertaining to citizenship requirements for employment for civil service positions and the Equal Pay Act. New laws go into effect on June 7. Benefits • Working on the Annual Report to the State Risk Manager. • Working on the Health and Wellness Broker RFP and beginning a Wellness RFP. • Finalizing the updated Wellness communications schedule. • Beginning work on the Benefits Intranet page redesign. • Continuing ADA and FMLA case management. INFORMATION TECHNOLOGY • Enable AVL (GPS) on Mobiles - Turn on Automatic Vehicle Location (AVL) to provide visibility of officers’ location by and between officers in the field, Command Staff at Headquarters, and Dispatchers at Valley Communications. This enhances officer safety in the event they come under duress and need officer assistance. • Mugshot Booking Enrollment Into Regional Booking Photo Comparison (RBPC) - Extract 10-yrs of bookings and mugshots and ongoing enrollment into the facial recognition system. This will allow local candidates to be available when searching images of individuals involved in criminal activity. • Multimedia Request System Replacement - This project will replace the existing Avanti system with a new system that will be more stable, better supported and easier to maintain. We will also be looking to add additional features like: direct to print/quick print, electronic job ticket board, enhanced billing and invoicing capabilities, and improved web catalogue/online ordering. • Information Technology operational support for April 24-May 8: Number of tickets opened – 325; number of tickets closed - 310 LAW • April was a very large trial month for the City. In fact it was the largest trial month since the court’s inception in 1994. There were 222 defendants set for trial. The Criminal Division of the Office of the City Attorney subpoenaed 268 civilian witnesses to appear in court to testify for in those cases set for trial. 189 of those witnesses appeared. • Staff appeared with Kent Police at a hearing for an Extreme Risk Protection Order at the Regional Justice Center. • The department collected $9,460 for Human Services’ Home Repair Program after a homeowner misled Human Services staff as to his intent, violated the program’s policies, and used the repairs to improve the property for the sole purpose of listing and selling the property for a profit. • Staff assisted with property acquisitions and lawsuits in the 228th and 224th corridor projects. • Staff continues to negotiate small cell franchises and telecommunications facilities leases. • Staff provided legal advice for public works projects bidding issues. • Staff assisted in the review and response to a draft MOU for the Puget Sound Gateway Program (SR 167 and SR 509 extensions). • Staff continues to assist the Clerk’s office with public records requests. • Staff is working with HR on a number of complicated and sensitive employment issues involving overlapping state and federal laws. • Staff provides legal advice and work on the cooperative YMCA project and two Sound Transit development projects. Page 9 of 9 • Staff assist Public Works with legal issues concerning levee construction projects along the Green River, including design alternatives, property acquisition, and construction. • Provided legal review and assistance on drafting 28 correction notices, 17 notices of violation, three voluntary correction notices, and one stop-use order for code enforcement matters in the month of April. MUNICIPAL COURT – No report PARKS, RECREATION, AND COMMUNITY SERVICES Cultural Programs • A new Kent Creates exhibit – “On the Water” – is open through June 30. The Kent Arts Commission encourages artists and creative minds to use water as inspiration and to submit photographs, recipes, videos of dances, short films, poems, paintings, drawings, or work in any creative medium. • The April-May Centennial Gallery exhibit features the City’s entire collection of work by beloved and acclaimed local artist Danny Pierce. The show, which is on display through May 18, features ten artworks donated to the city’s collection by Danny and Julia Pierce’s children from the Pierce estate, as well as pieces from the existing collection. Human Services • Human Services staff and the Human Services Commission are currently reviewing grant applications for human services funding in 2019-2020. The joint funding application process includes 17 cities in North, East, and South King County. There were 267 applicants total with over $24 million in requests to the joint cities. The City of Kent received close to 100 applications with a total request of nearly $2.6 million. Staff and Commissioners will be reviewing, rating, and discussing the applications between now and mid-June. • Community Development Block Grant staff (CDBG) attended a two-day Housing and Urban Development (HUD) entitlement grantee meeting sponsored by the Seattle Office of Community Planning & Development (CPD). The meeting focused on grant- based accounting, timeliness, Annual Action Plan submission, pre-award costs, Plan Amendments, and HUD monitoring. King County CDBG and HOME consortium grantees held a joint meeting with HUD representatives of the consortium jurisdictions, along with the CPD Regional Manager as part of the convening. • The City was notified by HUD that our CDBG allocation for FY2018 will be $1,145,186; a $90,529 increase from 2017. • The Kent Youth Initiative continues to gain momentum. A core team has come together to advise the City and inform the Initiative on current resources and opportunities to support youth in Kent who are at high risk of gang involvement or engaged in gang activity. Current members of the team include: King County Superior Court, GEM, Alive and Free, Centro Rendu, Center for Children & Youth Justice - Youth Linc, Kent Youth and Family Services, Credible Messengers Program, as well as City of Kent staff from Police and Human Services. The group is focused on mapping the existing available resources, building capacity for existing programs, community mobilization, focused interventions on court-involved youth at first referral, and opportunities to identify and support youth earlier to prevent court involvement. A data group is also meeting and includes staff from Information Technology, Community and Economic Development, Mayor's Office, and Parks (Recreation and Human Services). They are discussing the data we collect and how we can measure the impact of the Youth Initiative going forward - focused on how Page 9 of 9 we know youth are better off in Kent and whether we are successfully preventing gang involvement. The Youth Service Provider gathering was held on April 30 and those in attendance discussed opportunities for summer programs and activities for youth, as well as how to reduce the barriers to participation. The suggestions generated at the gathering will be forwarded to the Youth Initiative Collaborative to identify action steps. Planning Development • The Green Kent Partnership hosted this year’s Earth Day celebration at Riverview Park on April 21. Over 60 volunteers joined the effort to remove invasive blackberries from newly planted cottonwoods along the Green River. Volunteers also moved and spread over 25 yards of mulch. Coffee and hot cocoa for the event were donated by Starbucks. POLICE Staff Changes - Hiring/Retirement/Recruitment/ Leaves/Promotions • Entry level Officer Mathew Fisher started on May 1. • Entry level Corrections Officer Alex Ault-Booneel starts on May 16. Significant crime activities/arrests/investigations • On April 24, officers were dispatched to a robbery with a gun at 18111 E. Valley Hwy. The gun appears to have accidently discharged in the business. A struggle ensued with the suspect and victim employee. The suspect fled on a black motorcycle. • On April 25, officers were involved in a pursuit ending at S 260th and Pacific Hwy S. The suspect vehicle struck mulitple other vehicles and then burst in to flames. A foot chase ensued and with help from a citizen and DMPD the suspect was taken into custody. • On April 29, officers were dispatched to the Shell Station at 8815 S 180th St for an alarm. Officers arrived to find that the front door had been smashed open and the inside of the business had been ransacked. A manager arrived and it was discovered that about 525 cartons of cigarettes from behind the counter had been taken. • On May 2, a male being sentenced at City of Kent Municipal Court, when he fled out of the courtroom. The subject was wanted for $80,000 in Kent warrants, and was last seen fleeing west. Officers arrived in the area of 1st Ave S and S 259th St and employees pointed through the warehouse, where the suspect was seen fleeing. Employees were evacuated to an office space, K9 tracked and the suspect surrendered without injury. • On May 5, officers attempted a traffic stop on a gray Chevy Malibu for not having a license plate and for possible DUI. The stop was attempted at 104th and SE 256th St. The vehicle took off at speeds of about 80-90 MPH on eastbound S 248th St. Officers terminated the pursuit due to the recklessness of the driver. Officers later located the vehicle after it had crashed into a retention pond off of 109th Ave. SE between S. 256th and S. 248th St. He was detained after a short foot pursuit and found to have felony level drugs on his person. He was arrested for a warrant and the drugs. Events and awards • On May 4, several officers joined Command Staff and the Mayor to attend the Peace Officer’s Memorial Ceremony where Detective Focht was memorialized on the Wall at the Ceremony. • On May 4, Officer Strong attended Kent Elementary Cinco de Mayo carnival. Page 9 of 9 PUBLIC WORKS Design • S 224th St Project 84th to 88th - Secured Right of Entry agreement to conduct additional soil testing. Testing to begin when site conditions allow. • S 224th St Project 88th to 94th – Working on securing remaining property rights and environmental permits. • S 228th St UPRR Grade Separation - Temporary rights from two properties remain – moving toward condemnation for one parcel. Seeking Right-of-Way Certification upon securing property rights and WSDOT approval for advertisement. • East Valley Overlay - Received Right-of-Way Certification level 1 on May 3. Coordinating with WSDOT for approval for advertisement. • 2018 Residential Overlay - Apparent low bid by ICON Materials • James Street Overlay, Central to Clark - Bid opening delayed. Second addendum to go out Wednesday to include alternate bid option for full concrete section. • S 212th St Bridge Deck Resurfacing – Postponing permanent repairs to pursue grant. Design temporary repairs to be placed prior to the end of the year. • Under Deck Lighting at James – developed conceptual design to begin coordination process with WSDOT. Environmental • Signature Pointe Levee – An interlocal agreement with the Flood Control District to complete an alternative analysis was approved by the Board of Supervisors on April 30. A project charter is being drafted. • FEMA – Staff is coordinating large scale communication with property owners and residents who may be affected by the preliminary Flood Insurance Rate Maps. The 90 day appeal period extends through July 15. • Flood Control District – Technical Committee meeting is May 2, and the first Advisory Committee meeting of the year is on May 9. • Water Resource Inventory Area 9 (WRIA 9) – The Forum meets on Thursday, May 10 to discuss the 2019 budget and cost allocations as well as grant allocations for 2019. The Downey Farmstead Project is in line to receive additional grant funding. Construction • LID 363: S 224th St Improvements – 84th Ave S to 88th Ave S (Ph 1): o The closure of 88th Ave S between 93rd Pl S and 22401 88th Ave S will be in place until the end of July, 2019. o SR 167 Closures – During the week of June 25 crews will implement closures on SR 167 nightly for the installation of bridge girders spanning the roadway. Monday and Tuesday nights Southbound SR 167 will be fully closed from 1 AM until 4:30 AM. Lane closures will begin at 10 PM. Wednesday and Thursday nights Northbound SR 167 will be fully closed from 11:30 PM until 3:15 AM. Land closures will begin at 7 PM. Detour routes will be in place. • 640 Pressure Zone PRV North: Work in the South zone is underway. The overall, the project is approximately 75% complete. • 2018 Traffic Sign Replacement: Installation of new posts and signs begins this week. • Cambridge Reservoir Recoating and Fall Protection Improvements: Notice to Proceed will be issued on Friday, June 1. • 228th St Grade Separation: Potelco is currently trenching the eastern boundary of UPRR right-of-way. Crews are shifting back to day work this week. S. 228th will be closed nightly this week, except for local traffic, between 8 PM and 5 AM, Sunday night to Thursday morning, between 6th Ave and 72nd Ave. Following the night Page 9 of 9 work, PSE will be closing the Interurban Trail beginning Wednesday, May 9. The trail is expected to be reopened in early June. • Development/Utility Projects o Kent Medical Office Building – The contractor has received approval to complete a water main connection in Smith St at State Ave. Work will be from 9 PM to 5 AM. This work has been rescheduled and will proceed on the night of Monday, May 14. o Sonic / Starbucks – Offsite work will begin in the Right of Way (ROW) on Kent Kangley and SE 116th this week. Land Survey and GIS • Land Survey field staff continue design mapping for B & O projects, SE 260th channelization and the Frager Road Wetland delineation and providing construction support of the 228th St./UP Railroad grade separation project. • City Land Surveyor providing project support with legal descriptions for the Signature Point Levee and direct supervision of record of survey drafting for 72nd Ave. Extension, SE 212th St. Overlay and the James St./Russell Rd. intersection improvements. • GIS section continues moving forward with the database reorganization for the outward facing GIS server and is at 40% completion and on time for the August 2018 implementation. • GIS staff is nearing completion of a basic Public Works GIS Training brown bag lunch workshop outline scheduled to start at the end of June. Transportation • Staff is programing the Meeker Street underpass lights in preparation for the May 10 ribbon cutting ceremony. • Transportation Master Plan (TMP) – The Requests for Proposals for the TMP modeling work is being advertised this week. Proposal packages are due May 31. • Kent Station Access Improvements – Staff is meeting with Sound Transit to discuss the traffic analysis scoping for the second parking garage at Kent Station. • Wire Theft Light Restoration – Staff restored street lighting due to wire theft along 74th Ave S and poured concrete borders around the junction boxes to deter future wire theft. Streets • The Street Maintenance crews will install bollards at the South 277th Street Trail. Crews will also be saw-cutting for removal and hot patch repairs on West Valley Highway at 190th Street. The Signs and Markings crew will be repairing and installing new signs on South 208th Street just west of 96th Avenue South. Water • Staff will be wrapping up the first Shops Inc. water main replacement project on 117th Place Southeast with water service installations and paving. Staff will then move over to Clark Street, north of James Street, and begin installing 310ft of 8in water main for our second Shops Inc. project. • Water Quality staff will begin collecting samples for the Unregulated Contaminant Monitoring Rule fourth edition (UCMR). The 1996 amendments to the Safe Drinking Water Act (SDWA) require that once every five years, the US Environmental Protection Agency (EPA) issue a new list of no more than 30 unregulated contaminates to be monitored by public water systems. The UCMR provides EPA with scientifically valid data on the occurrence of contaminates in drinking water and is used for making regulatory decisions for contaminates in public drinking water Page 9 of 9 supply. This round of UCMR will be looking for 10 cyanotoxins and 20 additional contaminates that consist of metals, pesticides, disinfection byproducts, alcohols and semi-volatile organic chemicals. Utilities • Storm Crews will be repairing a manhole on 113th Street at 208th Street. • Sewer crews are beginning the ninety day cleaning and spray downs for pump stations. # # # This page intentionally left blank. PUBLIC HEARING This page intentionally left blank. PUBLIC COMMENT This page intentionally left blank. Agenda Item: Consent Calendar 8A_ CONSENT CALENDAR 8. City Council Action: Councilmember ________ moves, Councilmember ________ seconds to approve Consent Calendar Items A through F. Discussion Action 8A. Approval of Minutes. Minutes of May 15, 2018, Workshop and Council Meeting – Approve This page intentionally left blank. Kent City Council Workshop May 1, 2018 Minutes Kent, Washington Pending Approval Page 1 of 2 Date: May 1, 2018 Time: 5 p.m. Place: Council Chambers East/West Attending: Mayor Dana Ralph Bill Boyce, Council President Brenda Fincher, Councilmember - Absent Satwinder Kaur, Councilmember Dennis Higgins, Councilmember Toni Troutner, Councilmember Council President Boyce opened the meeting at 5:04 p.m. Agenda: 2017 Year-End Financial Report Aaron BeMiller, Finance Director, expressed his appreciation of his finance staff and their work on the 2017 year-end report. BeMiller highlighted the bond refunding, updates to the policies, the budget and CAFR awards, investment holdings, Moody’s rating increase, and the debt manual. Details of cash and investments by month and type, total annual debt service by debt type and by fund were provided. BeMiller reviewed the general fund revenue variance, general fund revenues by tax type, general fund revenue comparison, general fund spending compared to percent of budget spent, general fund spending by classification, general fund ending balance fund, and other fund revenue and spending. 2017 was a strong year, the City is better set up for the fiscal cliff, results match city budget philosophy, departments are doing a great job of staying within budget, and that there is still work left to do for the 2019/2020 budget. The council expressed their desire to inform the public of how well run the city’s finance department is. Mayor Ralph provided a brief recap of the prior decisions made by the Council that have helped put the city in a better position to tackle the fiscal cliff. 2018 Street Repair Program Tim LaPorte, Public Works Director, Dave Brock, Deputy Director Operations and Maintenance Manager, and Bill Thomas, Street and Vegetation Manager gave the 2018 street repair program presentation. Brock advised that much of the street repair work has been done by public works staff. Brock reviewed the pavement condition index summary map and the pothole repairs that have been done and are scheduled to be done by in house crews. Kent City Council Workshop May 1, 2018 Minutes Kent, Washington Pending Approval Page 2 of 2 Thomas provided details regarding the 2018 City crews pavement repair work focusing on residential areas. Thomas provided details regarding 2018 in-house concrete repairs. Brock provided details regarding contracted paving – capital projects. Council expressed their concern over the combination of concrete and pavement work to be done on lower James Street. Public Works staff will follow up with photos of similar work and will bring information to the Public Works Committee. Public Works staff will follow up with information regarding the maintenance of the James Street planters. Chad Bieren, Public Works Deputy Director, provided information regarding various grant applications that are being submitted for road projects. Brock reviewed contracted paving in residential areas. LaPorte provided a review of Capital Improvement Projects and the impacts to summer traffic. Councilmembers expressed their appreciation of the work of all Public Works staff. The meeting concluded at 6:09 p.m. Kimberley A. Komoto City Clerk May 1, 2018 Kent City Council Regular Meeting May 1, 2018 Minutes Kent, Washington Pending Approval Page 1 of 7 Date: May 1, 2018 Time: 7 p.m. Place: Council Chambers East/West Attending: Mayor Dana Ralph Bill Boyce, Council President Brenda Fincher, Councilmember Dennis Higgins, Councilmember Satwinder Kaur, Councilmember Toni Troutner, Councilmember Agenda: 1. Call to Order The meeting was called to order at 7:05 p.m. with Mayor Ralph presiding. 2. Roll Call Mayor Ralph – Present Council President Boyce - Present Brenda Fincher, Councilmember – Present Dennis Higgins, Councilmember - Present Satwinder Kaur, Councilmember - Present Les Thomas, Councilmember – Excused Toni Troutner, Councilmember – Present 3. Changes to the Agenda Council President Boyce added item 8H, an excused absence for Councilmember Thomas. Council President Boyce moved to approve the agenda as amended, seconded by Councilmember Higgins. The motion passed unanimously with a vote of 5-0. 4. Public Communications A. Public Recognition i. Proclamation for Affordable Housing Week Mayor Ralph presented Jo Cherland from Catholic Community Services with the proclamation for Affordable Housing Week. Cherland expressed her appreciation of the City’s proclamation and provided goals of Catholic Community Services. ii. Proclamation for Hillside Paradise Parking Plots Community Garden Day Mayor Ralph presented Tahmina Martelly, from World Relief Seattle with the proclamation for Hillside Paradise Parking Plots Community Garden Day. Kent City Council Regular Meeting May 1, 2018 Minutes Kent, Washington Pending Approval Page 2 of 7 Martelly, Pastor Grantley Martelly, and a Burma refugee, expressed their appreciation of the proclamation and provided details on the creation of the garden and extended an invitation to the grand opening and fundraiser on May 9, 2018, from 6 – 8 p.m. at the Hillside Church located at 930 E. James Street. iii. Proclamation for Kent Healthy Eating Month Mayor Ralph presented Shamso Issak, along with members of Living Well Kent, with the proclamation for Kent Healthy Eating Month. The members expressed their appreciation of the proclamation and extended an invitation to a celebration of the proclamation on May 12th at the Kent Commons from 11-2 p.m. iv. Proclamation for Kent Rotary Day Mayor Ralph presented Billy and Julie Shott, with the proclamation for Kent Rotary Day. Julie and Billy Shott expressed their appreciation of the proclamation and extended an invitation to attend and be a part of the Kent Rotary. v. Employee of the Month of May Mayor Ralph recognized Tammy White as the City’s May employee of the month. Pat Fitzpatrick provided a brief history of Tammy’s employment at the City and conveyed his appreciation of Tammy’s work. Tammy expressed her appreciation of the award. B. Community Events Council President Boyce provided information regarding upcoming events at the accesso ShoWare Center. Visit accessoShoWareCenter.com for additional details. Councilmember Kaur advised of the Kent Rotary Annual Dinner Auction that will be held on May 5th at the Green River College Lindbloom student Union in Auburn from 5 – 9 p.m. Councilmember Kaur also advised of the Greater Kent Historical Society’s plant and book sale on May 12th from 11 a.m. – 2 p.m. Councilmember Higgins encouraged the public to join the Kiwanis Club of Kent Crab Feed on May 19th at the Kent Senior Center. There will be two seatings at 5 p.m. and 6:30 p.m. Councilmember Troutner advised that the Kent Downtown Partnership is hosting their Team up to Clean Up on May 12th from 8 – noon. 5. Reports from Council and Staff Mayor Ralph Kent City Council Regular Meeting May 1, 2018 Minutes Kent, Washington Pending Approval Page 3 of 7 Mayor Ralph attended the Kent Little League opening day and successfully threw the first pitch. Mayor Ralph attended a meeting with Pacific Metallurgical, a Kent company that strengthens metal and has been nominated as Small Manufacturer of the Year. Mayor Ralph attended the Transportation Policy Board and the Puget Sound Regional Council Executive Board. Work continues the Transportation Plan Update. Ralph indicated the additional language that was requested to support park-n-rides was included. Mayor Ralph visited Sunrise Elementary students last week, an attended the CERT training graduation last weekend, and participated in the Kent Meridian High School multicultural assembly celebrating diversity in Kent. Mayor Ralph advised that the next budget roadshow is scheduled for May 17th. Mayor Ralph advised that the Chief Administrative Officer’s report is in the packet. Mayor Ralph provided comments regarding her recent State of the City address. Council President Boyce Council President Boyce provided a recap of today’s Operations Committee meeting. Boyce advised that the State Auditor on site performing an audit of City’s finances. Boyce provided a brief recap of tonight’s City Council workshop regarding 2017 year- end financial report and 2018 street repair program. Boyce serves on the Sound Cities Association’s Public Issues Committee. No report Councilmember Kaur Councilmember Kaur serves on the Sound Cities Association Puget Sound Clean Air Agency Advisory Council. No report. Councilmember Kaur serves on the Sound Cities Association Growth Management Planning Council. No report. Councilmember Higgins Councilmember Higgins is the Chair of the Public Works Committee. No report. Higgins serves as an alternate on the Regional Transit Committee. The topic of the last meeting included a discussion on the One Center City initiative with the City of Seattle. Councilmember Troutner Kent City Council Regular Meeting May 1, 2018 Minutes Kent, Washington Pending Approval Page 4 of 7 Councilmember Troutner serves on the Sound Cities Association Regional Law, Safety and Justice Committee. No report. Troutner is the chair of the Public Safety Committee. No report. Troutner serves on the Puget Sound Regional Fire Authority Governance Board. During the last meeting Kent Police Officers James Sherwood and Daniel Ross received life-saving awards for saving a resident. Councilmember Fincher Councilmember Fincher serves on the Sound Cities Association Mental Health and Drug Dependency Oversight Committee. The committee authorized a budget adjustment to receive additional funding from King County Council and Discussed safe harbors and how to get more beds for opioid addiction. Community-driven grants were discussed in addition to the physical and behavior healthcare integration program. Fincher serves on the Sound Cities Association King Conservation District Advisory Committee. Fincher serves on the Urban and Rural Forestry committee that is looking at who they are serving, how they are serving, and evaluating if they are the best people to provide services. Fincher is the chair of the Parks and Human Services Committee. During the last meeting the committee heard a presentation regarding the Parks, Planning and Development department. Fincher advised that Camp W.A.L.K.A.P.A.L.A. participants will get to experience the Science Technology Engineering Arts, and Mathematics (STEAM) initiative. Fincher is the Council’s Liaison to Arts Commission and advised that the acts for the 2018-2019 Spotlight Series have been booked and that the Kent Creates “Light up the Dark” contest winners are posted on the City’s website. 6. Public Hearing None 7. Public Comment Andy Hough, a Kent resident, expressed his concerns over the City’s recent request for tax increases and suggesting allowing retail marijuana sales in the City. Karen Minahan, a Kent resident, asked questions regarding the Marquee on Meeker project. Todd Minor, a Kent resident, expressed his support of Proposition A. Minor suggested changing the method the message is conveyed to the voters on any future propositions. Minor wants the City to be creative on how funds are raised to support additional officers and encourages communications via social media outlets. Kent City Council Regular Meeting May 1, 2018 Minutes Kent, Washington Pending Approval Page 5 of 7 8. Consent Calendar Council President Boyce moved to approve the Consent Calendar Items A through H, seconded by Councilmember Kaur. The motion passed unanimously with a 5-0 vote. A. Minutes of April 17, 2018 Workshop and Council Meeting, and April 24, 2018 Special Meeting – Approve Minutes of the April 17, 2018 Workshop and Council meetings and April 24, 2018 Special meeting were approved. B. Payment of Bills – Approve Bills received through March 31, 2018 and paid on March 31, 2018 were approved. The Operations Committee audited the payment of bills on April 17, 2018. Approval of checks issued for vouchers: Date Check Numbers Amount 03/31/18 Wire Transfers 7460 - 7474 $2,189,004.57 03/31/18 Regular Checks 722950 - 723404 $5,171,158.57 03/31/18 Payment Plus 100818 - 100832 $42,338.04 Void Checks 03/31/18 Use Tax Payable $2,793.70 $7,405,294.88 Approval of checks issued for payroll for March 15, 2018 through March 31, 2018 and paid on April 5, 2018: Date Check Numbers Amount 4/5/2018 Checks 0 Voids and Reissues 4/5/2018 Advices 405772 - 406667 $1,720,159.31 $1,720,159.31 C. Hyas Group Investment Consultant Services Agreement – Authorize The Mayor was authorized to sign a Consultant Services Agreement with the Hyas Group for Investment Consulting Services for the 457 Deferred Compensation Plan for three years, subject to approval of final terms and conditions by the Human Resources Director and the City Attorney. D. Resolution for Grant Application to the Recreation and Conservation Office for Drainage Improvements at Service Club Ball Field Park – Adopt Resolution No. 1966 was adopted, authorizing the submittal of grant application #18- 1527 to the Recreation and Conservation Office, to assist in funding drainage improvements at Service Club Ballfields Park. Kent City Council Regular Meeting May 1, 2018 Minutes Kent, Washington Pending Approval Page 6 of 7 E. Parks and Recreation Commission Ordinance – Adopt Ordinance No. 4275 was adopted, amending Section 2.60.020 of the Kent City Code to reduce the membership of the Parks and Recreation Commission from 16 to 12 members, providing for only one youth representative position, and creating an alternate position on the Commission. F. Human Services Commission Ordinance – Adopt Ordinance No. 4276 was adopted, amending Section 2.53.040 of the Kent City Code to create an alternate position on the Human Services Commission. G. Right-of-Way Dedication for South 224th Street Project – Authorize The Mayor was authorized to sign a deed dedicating right-of-way along South 218th Street for the South 224th Street Improvement Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. H. Excused Absence for Councilmember Thomas - Approve Council approved an excused absence for Councilmember Thomas for the May 1, 2018 Council meeting. 9. Other Business None 10. Bids A. 2018 Asphalt Overlays Project – Award Tim LaPorte, Public Works Director, provided a brief overview of the 2018 asphalt overlays project. Councilmember Higgins moved to award the 2018 Asphalt Overlays Project to ICON Materials in the amount of $1,754,376.00 and authorized the Mayor to sign all necessary documents, subject to final terms and con ditions acceptable to the City Attorney and Public Works Director. Seconded by Councilmember Fincher, motion passed 5-0. B. 2018 Asphalt Grinding Project – Award Tim LaPorte, Public Works Director, provided a brief overview of the 2018 asphalt grinding project. Councilmember Higgins moved to award the 2018 Asphalt Grinding Project to Statewide Parking Lot Services, Inc., in the amount of $70,950.00 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Seconded by Councilmember Troutner, motion passed 5-0. 11. Executive Session and Action after Executive Session None Kent City Council Regular Meeting May 1, 2018 Minutes Kent, Washington Pending Approval Page 7 of 7 12. Adjournment Mayor Ralph adjourned the meeting at 8:09 p.m. Kimberley A. Komoto City Clerk May 1, 2018 This page intentionally left blank. Agenda Item: Consent Calendar – 8B_ 8B. Approval of Bills: Approval of payment of the bills received through April 15, 2018 and paid on April 15, 2018. The Operations Committee audited the payment of bills on May 1, 2018. Approval of checks issued for vouchers: Date Check Numbers Amount 04/15/18 Wire Transfers 7475 - 7491 $2,220,334.49 04/15/18 Regular Checks 723405 - 723728 $584,311.76 04/15/18 Payment Plus 100833 - 100850 $102,018.98 Void Checks 04/15/18 Use Tax Payable $4,247.32 $2,910,912.55 Approval of checks issued for payroll for April 1, 2018 through April 15, 2018 and paid on April 20, 2018: Date Check Numbers Amount 4/20/2018 Checks 0 Voids and Reissues 4/20/2018 Advices 406668 - 407598 $1,769,191.90 $1,769,191.90 This page intentionally left blank. Agenda Item: Consent Calendar – 8C_ TO: City Council DATE: May 15, 2018 SUBJECT: Excused Absence for Councilmember Thomas - Approve SUMMARY: Councilmember Thomas has requested an excused absence for the meeting of May 15, 2018. MOTION: Approve an excused absence for Councilmember Thomas. This page intentionally left blank. Agenda Item: Consent Calendar – 8D_ TO: City Council DATE: May 15, 2018 SUBJECT: School Zone Traffic Safety Camera Program Fund Expenditures – Approve SUMMARY: The Police Department intends to implement a car-per-officer program. This program will help with the recruitment and retention of staff. We are in a highly competitive job market where the applicant pool for qualified police officers is incredibly small and shrinking. Many law enforcement agencies are looking to fill vacancies. Attractive working conditions, incentives and benefits such as car per officer programs are vital to keeping our department competitive. The current state of police hiring is such that car per officer programs are becoming the industry standard. Funds from the School Zone Traffic Safety Camera program will provide the capital investment to purchase the vehicles for this program. The department intends to complete outfitting of the fleet over a three-year period of time. Once the vehicles are purchased, they are expected to last considerably longer than the fleet pool program that we currently use. A study has been conducted by the police department, city fleet services and the finance department. Once the capital cost of the program has been made out of this fund, it is believed that the car per officer program will be net neutral or possibly even save money for the general fund as compared to our current pool car system. The car per officer program will also provide for additional space in the police headquarters building. Locker rooms will no longer be needed and can be repurposed as additional work space area. Additional parking will also be available around city hall as a benefit. If authorized, the department’s ability to rapidly respond to critical incidents such as active shooters, acts of terrorism and natural disasters would be significantly improved. Kent City Code section 9.36.140(F) requires that funds derived from the use of the traffic safety cameras be used to first cover the costs of administering the program, with excess funds to be used for criminal justice-related purposes. The current unbudgeted and available balance of the fund is $876,000, and the Kent Police Department seeks approval to use $868,000 of unbudgeted funds to cover the cost of purchasing the initial 14 take home cars. MOTION: Approve the expenditure of $868,000 from the School Zone Traffic Safety Camera Fund, amend the budget, and authorize the Mayor to sign all documents necessary to purchase 14 police vehicles in order to initiate a car-per-officer program, subject to final terms acceptable to the Police Chief and City Attorney. EXHIBITS: Car Per Officer Program Cost Executive Summary RECOMMENDED BY: Operations Committee YEA: Boyce, Troutner NAY: BUDGET IMPACT: Expenditure of $868,000 to come from the School Zone Traffic Safety Camera Fund. STRATEGIC PLAN GOAL(S): ☒ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging technologies, and fostering new opportunities and industries that benefit our community. ☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community partnerships. Car Per Officer Program Cost Executive Summary Estimated additional cost per year for commute (less capital) $168,000 MMO per vehicle reduced to $3700/year Reserve per vehicle reduced to $8800/year There will be cost savings in lower maintenance required, less services required per vehicle, lower reserve per year based on longer life cycle, less fuel consumption, less collision damage that compensate for commute costs. Cost Comparison: There will be an initial cost increase with capital expense but program will have cost savings over time: Currently we have 41 vehicles that cost $21,500 per year (operation/maintenance/replacement reserve) Completed program (estimated at 3 years) would have 70 vehicles that cost $12,500 per year (operation/maintenance/replacement reserve) 41 vehicles @ $21.5k= $881,500 70 vehicles @ $12.5K= $875,000 Start up: 1st Year 14 additional vehicles purchased at $62,000 each=$868,000 Reserve cost for 14 additional vehicles is $124,000 Operating cost for 14 additional vehicles is $51,800 Total Start Up Cost For First Year= $1,043,800 0 1 2 3 4 5 Year 1 Year 2 Year 3 Year 4 Current New This page intentionally left blank. Agenda Item: Consent Calendar – 8E_ TO: City Council DATE: May 15, 2018 SUBJECT: CORE Networking Routing Contract for Technical Hardware Upgrade – Authorize SUMMARY: The City has entered into an agreement with the state Department of Enterprise Services (“DES”), which allows the City to purchase through contracts the state publicly bids and enters with various vendors. The state has, in turn, entered into an agreement with a national purchasing cooperative, the NASPO Cooperative Purchasing Organization, LLC, which is a non-profit subsidiary of the National Association of State Procurement Officials (“NASPO”). NASPO provides states, local governments, public educational entities and other agencies with purchasing power that allows them to leverage their spending through a single solicitation that obtains best value pricing and superior contract terms than the agencies could do on their own. Purchasing goods and services through a public purchasing cooperative satisfies the competitive bid requirements established by Council under KCC 3.70.110(F). One contract that NASPO has entered into, and which the state DES has elected to participate in, is a contract with Cisco Systems, Inc. (“Cisco”). This contract is currently in effect through May 31, 2019. However, the contract allows for extensions of that term should NASPO, and ultimately DES, consent to that extension. Should the City purchase through Cisco under these contracts, the terms and conditions of the contract to which the state DES has agreed will control, and a copy of that complete contract is attached. Cisco provides intent-based networking hardware and software that include advanced analytics, application optimization, automated provisioning, and integrated security to deliver a complete, proven solution. On March 1, 2018, while staff was working to prepare this matter for review and consideration by Council, core network routers failed, which created an emergency need to order replacement core network routers. As authorized under KCC 3.70.110(B), the Mayor issued a written finding declaring the existence of the emergency, which authorized staff to immediately order core network routers. This order was placed on March 8, 2018, under the state DES contract, in a total amount of $255,211.28. This order is expected to arrive on May 8, 2018. Although Council ratification of that order is not required due to the emergency that occurred, staff would like Council to authorize the continued purchase of future hardware and software through Cisco under the state DES contract throughout the MOTION: Authorize the Mayor to purchase technology equipment through the cooperative purchasing agreement that the State Department of Enterprise Services has with Cisco Systems, Inc., if those purchases are within the City’s established budgets and made during the term of the State contract, which is current through March 31, 2019, and any later contract extensions the State may authorize, subject to final terms and conditions acceptable to the Information Technology Director and City Attorney. term of that contract, so long as those future purchases are within budgets previously established by Council and made during the term of the state DES contract with Cisco. EXHIBITS: A. Product Matrix B. Washington State DES Master Agreement C. Washington NASPO Valuepoint Contract D. Presidio Quote E. Presidio-CISCO-Core Infrastructure Upgrade-PO144186 Signed RECOMMENDED BY: Operations Committee YEA: Boyce - Troutner NAY: BUDGET IMPACT: Expenditures: Item Price Location 1 Hardware and Licensing $118,336.18 Location 2 Hardware and Licensing $87,481.18 Location 3 Hardware $26, 145.00 Subtotal $231,962.36 Shipping $47.89 Tax $23,201.03 Total $255,211.28 STRATEGIC PLAN GOAL(S): ☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community partnerships. ☒ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging technologies, and fostering new opportunities and industries that benefit our community. Product Matrix Cisco HPE Huawei Juniper Investment Protection with Custom Silicon Fully Capable: Cisco custom silicon helps ensure enterprise feature robustness, platform longevity, and investment protection. Limited: Multiple vendor acquisition history makes the product lines inconsistent, with short life spans. A majority of switching platforms are merchant siliconbased with limited flexibility. Limited: Huawei ENP lags in terms of capability when compared with the Cisco UADP. Huawei is missing high-speed stacking interface, lacks performance and flexibility, lacks packetprocessing flexibility, and is short on full visibility of data flows. Not Available Digital Network Architecture Fully Capable: Cisco DNA is an open and extensible software-based architecture that accelerates and optimizes enterprise network operations. Not Available Not Available Not Available Multigigabit Technology Fully Capable: Cisco Catalyst Multigigabit Technology can prepare customers’ access networks for future innovations by delivering speeds of 1G, 2.5G, and 5G on existing Category 5e/6 cables. Limited: HPE offers equivalent multigigabit technology, with SmartRate limited to a couple of product platforms and a limited number of ports. Limited: Multigigabit up to 2.5G only in some switch models. Not Available Application Visibility and Control Fully Capable: Cisco Access switches can insp traffic and application flows to enforce network access policy and protect again attacks with Cisco Flexible NetFlow, DNS-AS, NBAR,and Cisco Prime Infrastructure Limited: HPE switching platforms are limited to simple, basic traffic classifications and policy enforcement with ACL. These platforms are also limited by their lack of memory capacity in access switching. Limited: Limited SLA monitoring with Huawei iPCA. Not Available Converged Infrastructure: Consistent Automation Across WAN, WLAN and Wired Networks Fully Capable: Use Cisco Prime Infrastructure to centrally provision WAN path selection with IWAN and security, encryption, app visibility, and control with APIC-EM and Cisco TrustSec. Limited: HPE uses SDN controllers and AirWave for automated deployment of infrastructure of Aruba switches only. For a single pane of glass, HPE uses IMC for the original HPE switches but does not support AirWave. Limited: Huawei’s SVF does not provide true network convergence. Not Available Monitoring by Endpoint Type Fully Capable: Cisco can use analytics to monitor behavior with Stealthwatch and NetFlow, and classify traffic on the edge and inside the network with TrustSec. Limited: Aruba offers very limited functionality. Tunneled Node is offered as a catch-all solution that cannot scale. Limited: iPCA is offered as an option but provides limited platform support and visibility. Not Available Support New Capabilities Without Major Upgrades Fully Capable: Through the integration of custom ASICs, UADP, and access point modularity, Cisco offers support for new innovations. Limited: No support for modular APs. Switching platforms use a custom ASIC with limited extensibility. Limited: No current support for modular access points that support locationbased analytics and beacons/BLE. Not Available Improve Experience for Apple Users Fully Capable: Cisco and Apple have joined efforts to provide better user experiences for Apple device users connected to a Cisco network. Limited: Functionality can only be supported through manual QoS prioritization and Wi-Fi standards. Limited: Functionality can be supported only through manual QoS prioritization. Not Available High Availability Fully Capable: Cisco switches offer innovative ISSU features and hot standby N+1 redundancy in stacks Not Available Limited: Huawei claims ISSU on some of its switches. Not Available Product Matrix Consistent Application Performance Across the Network Fully Capable: Through bestpractices, the EasyQoS application provides customers with a simplified method of delivering end-to-end QoS. Not Available Not Available Not Available Detect and Set Features to New Devices Fully Capable: Through Cisco Auto Smartports, devices are dynamically detected and ports are configured based on the device type detected on the port. Limited: HPE can detect and set characteristics on an AP attaching to an HPE switch, but cannot detect other types of devices. Not Available Not Available Power Resiliency for IOT and Other Devices Fully Capable: Cisco offers Persistent PoE and Fast PoE and Universal PoE while providing multiplelevel redundancy through StackPower. Limited: HPE offers basic PoE/PoE+ (30W) support, and supplies 1:1 power redundancy via dual power supplies supported in a limited number of switches. Limited: Huawei supports PoE and PoE+ PoH (95W) on a single S5700 platform. Power redundancy is 1:1 PoH (power over HDMI) (95W) on a single S5700 platform. Not Available Integrated Security Fully Capable: Cisco switches offer advanced security features like Cisco Encrypted Traffic Analytics (ETA), TrustSec, Network as a Sensor (NaaS), Network as an Enforcer (NaaE), mDNS Gateway, and 256- bit MACsec. Not Available Not Available Not Available Threat Detection Fully Capable: Eliminate threats across the network with Cisco’s effective security solutions. Products include Encrypted Traffic Analytics (ETA), Stealthwatch, TrustSec, Identity Services Engine, and Rapid Threat Containment. Limited: HPE offers sFlow, ClearPass, and Tunneled Node to support security across wired and wireless. Not Available Not Available Intent-Based Networking for Availability, Agility and Policy Segmentation Fully Capable: Centralize and automate network design, policy, and provisioning of all wired and wireless networks with Cisco DNA Center. Limited: Aruba Tunneled Node is offered as a catchall solution, but it cannot scale. Not Available Not Available This page intentionally left blank. 2003218800199-04QUOTE: 02/27/2018DATE: PAGE:1 of 4 FROM:Presidio Networked Solutions Group, LLC Sokha Hay 10655 NE 4th Street Suite 212 Bellevue, WA 98004 shay@presidio.com (p) 425.468.8920 TO:City of Kent, WA James Endicott 220 Fourth Avenue South KENT, WA 98032 JEndicott@kentwa.gov (p) 253-856-4620 SHIP TO:City of Kent James Endicott 220 4th Avenue South Kent, WA 98032 JEndicott@kentwa.gov (p) 253-856-4620 BILL TO:City of Kent, WA Accounts Payable 220 4th Avenue South KENT, WA 98032 AP@kentwa.gov (p) . Peter Alpiger Sokha Hay Title: Inside Sales Rep: Account Manager: Core Replacement Contract Vehicle:Washington NASPO ValuePoint Cisco AR233 (14-19) WA #01114 Customer#:CITYO594 Comments:Pricing shown here is valid for 60 days from the date shown on the quote. #Part #Description Unit Price Ext PriceQty Location 1 C9410R 1 C9410R Cisco Catalyst 9400 Series 10 slot chassis 1 $4,080.00$4,080.00 2 C9400-NW-A Cisco Catalyst 9400 Network Advantage License 2 $0.00$0.00 3 C9400-S-BLANK Cisco Catalyst 9400 Series Slot Blank Cover 4 $0.00$0.00 4 C9400-PWR-BLANK Cisco Catalyst 9400 Series Power Supply Blank Cover 6 $0.00$0.00 5 S9400UK9-166 Cisco Catalyst 9400 XE 16.6 Universal image 1 $0.00$0.00 6 C9400-PWR-3200AC Cisco Catalyst 9400 Series 3200W AC Power Supply 2 $2,040.00$1,020.00 7 CAB-C19-CBN Cabinet Jumper Power Cord, 250 VAC 16A, C20-C19 Connectors 2 $0.00$0.00 8 CAB-CON-C9K-RJ45 Console Cable 6ft with RJ-45-to-RJ-45 1 $0.00$0.00 9 C1A1TCAT94001 Cisco ONE Advantage Term, C9400 1 $0.00$0.00 10 C1A1TCAT94001-3Y C1 Advantage Term C9400 3Y - DNA, 100 ISE PLS, 100 SWATCH 1 $8,160.00$8,160.00 11 C1-C9400-DNAA-T Cisco ONE C9400 DNA Advantage Term licenses 1 $0.00$0.00 12 C1-C9400-TRK-3Y Cisco ONE Term SKU 3Y 1 $0.00$0.00 13 C1-SWATCH-T Cisco ONE StealthWatch License Term - 1 Flow License 100 $0.00$0.00 14 C1-SWATCH-TRK-3Y Cisco ONE Subscription SWATCH SKU 3Y 100 $0.00$0.00 15 C1-ISE-PLS-T Cisco ONE ISE PLUS License Term 100 $0.00$0.00 16 C1-ISE-PLS-TRK-3Y Cisco ONE Subscription SKU ISE Plus 3Y 100 $0.00$0.00 2003218800199-04QUOTE: 02/27/2018DATE: PAGE:2 of 4 17 C1-ISE-BASE-T Cisco ONE ISE BASE License Term 100 $0.00$0.00 18 C1-ISE-BASE-TRK-3Y Cisco ONE Subscription ISE BASE 3Y 100 $0.00$0.00 19 C9400-SUP-1XL Cisco Catalyst 9400 Series Supervisor 1XL Module 1 $9,690.00$9,690.00 20 C9400-SUP-1XL/2 Cisco Catalyst 9400 Series Redundant Supervisor 1XL Module 1 $9,690.00$9,690.00 21 C9400-LC-48T Cisco Catalyst 9400 Series 48-Port 10/100/1000 (RJ-45)1 $3,570.00$3,570.00 22 C9400-LC-48T Cisco Catalyst 9400 Series 48-Port 10/100/1000 (RJ-45)1 $3,570.00$3,570.00 23 C9400-LC-24XS Cisco Catalyst 9400 Series 24-Port 10 Gigabit Ethernet(SFP+)1 $12,240.00$12,240.00 24 C9400-LC-24XS Cisco Catalyst 9400 Series 24-Port 10 Gigabit Ethernet(SFP+)1 $12,240.00$12,240.00 25 CON-SNTP-C9410R SNTC-24X7X4 Cisco Catalyst 9400 1 for 36 mo(s) $15,148.68$15,148.68 $80,428.68Total: SFP-10G-LR= 26 SFP-10G-LR=10GBASE-LR SFP Module 13 $25,967.50$1,997.50 $25,967.50Total: SFP-10G-SR= 27 SFP-10G-SR=10GBASE-SR SFP Module 24 $11,940.00$497.50 $11,940.00Total: $118,336.18Total (Location 1): Location 2 C9410R 28 C9410R Cisco Catalyst 9400 Series 10 slot chassis 1 $4,080.00$4,080.00 29 C9400-NW-A Cisco Catalyst 9400 Network Advantage License 2 $0.00$0.00 30 C9400-S-BLANK Cisco Catalyst 9400 Series Slot Blank Cover 3 $0.00$0.00 31 C9400-PWR-BLANK Cisco Catalyst 9400 Series Power Supply Blank Cover 6 $0.00$0.00 32 S9400UK9-166 Cisco Catalyst 9400 XE 16.6 Universal image 1 $0.00$0.00 33 C9400-PWR-3200AC Cisco Catalyst 9400 Series 3200W AC Power Supply 2 $2,040.00$1,020.00 34 CAB-C19-CBN Cabinet Jumper Power Cord, 250 VAC 16A, C20-C19 Connectors 2 $0.00$0.00 35 CAB-CON-C9K-RJ45 Console Cable 6ft with RJ-45-to-RJ-45 1 $0.00$0.00 36 C1A1TCAT94001 Cisco ONE Advantage Term, C9400 1 $0.00$0.00 37 C1A1TCAT94001-3Y C1 Advantage Term C9400 3Y - DNA, 100 ISE PLS, 100 SWATCH 1 $8,160.00$8,160.00 38 C1-C9400-DNAA-T Cisco ONE C9400 DNA Advantage Term licenses 1 $0.00$0.00 39 C1-C9400-TRK-3Y Cisco ONE Term SKU 3Y 1 $0.00$0.00 40 C1-SWATCH-T Cisco ONE StealthWatch License Term - 1 Flow License 100 $0.00$0.00 41 C1-SWATCH-TRK-3Y Cisco ONE Subscription SWATCH SKU 3Y 100 $0.00$0.00 42 C1-ISE-PLS-T Cisco ONE ISE PLUS License Term 100 $0.00$0.00 2003218800199-04QUOTE: 02/27/2018DATE: PAGE:3 of 4 43 C1-ISE-PLS-TRK-3Y Cisco ONE Subscription SKU ISE Plus 3Y 100 $0.00$0.00 44 C1-ISE-BASE-T Cisco ONE ISE BASE License Term 100 $0.00$0.00 45 C1-ISE-BASE-TRK-3Y Cisco ONE Subscription ISE BASE 3Y 100 $0.00$0.00 46 C9400-SUP-1XL Cisco Catalyst 9400 Series Supervisor 1XL Module 1 $9,690.00$9,690.00 47 C9400-SUP-1XL/2 Cisco Catalyst 9400 Series Redundant Supervisor 1XL Module 1 $9,690.00$9,690.00 48 C9400-LC-48T Cisco Catalyst 9400 Series 48-Port 10/100/1000 (RJ-45)1 $3,570.00$3,570.00 49 C9400-LC-48T Cisco Catalyst 9400 Series 48-Port 10/100/1000 (RJ-45)1 $3,570.00$3,570.00 50 C9400-LC-24XS Cisco Catalyst 9400 Series 24-Port 10 Gigabit Ethernet(SFP+)1 $12,240.00$12,240.00 51 C9400-LC-24XS Cisco Catalyst 9400 Series 24-Port 10 Gigabit Ethernet(SFP+)1 $12,240.00$12,240.00 52 C9400-LC-48T Cisco Catalyst 9400 Series 48-Port 10/100/1000 (RJ-45)1 $3,570.00$3,570.00 53 CON-SNTP-C9410R SNTC-24X7X4 Cisco Catalyst 9400 1 for 36 mo(s) $15,148.68$15,148.68 $83,998.68Total: SFP-10G-SR= 54 SFP-10G-SR=10GBASE-SR SFP Module 7 $3,482.50$497.50 $3,482.50Total: $87,481.18Total (Location 2): Location 3 WS-X4712-SFP+E= 55 WS-X4712-SFP+E=Catalyst 4500 E-Series 12-Port 10GbE (SFP+)1 $14,172.50$14,172.50 56 SFP-10G-SR 10GBASE-SR SFP Module 7 $3,482.50$497.50 57 SFP-10G-LR 10GBASE-LR SFP Module 4 $7,990.00$1,997.50 $25,645.00Total: GLC-SX-MMD= 58 GLC-SX-MMD=1000BASE-SX SFP transceiver module, MMF, 850nm, DOM 2 $500.00$250.00 $500.00Total: $26,145.00Total (Location 3): Sub Total:$231,962.36 $47.89Shipping: Estimated Tax:$23,201.03*** Any Tax & Freight Charges will be added/amended at time of billing, as applicable. Sales tax and shipping are estimated and subject to change. Grand Total:$255,211.28 2003218800199-04QUOTE: 02/27/2018DATE: PAGE:4 of 4 This quote is governed by Terms and Conditions of NAPSO ValuePoint Cisco Contract AR233 (14-19) Washington Contract #01114 Standard-Terms-for-Purchase-of-Services or Goods Quote valid for 30 days from date shown above. Prices may NOT include all applicable taxes and shipping charges All prices subject to change without notice. Supply subject to availability. Purchase Order should be issued to: Presidio Networked Solutions Group, LLC 1955 Lakeway Drive, Suite 220 Lewisville, TX 75057 Pursuant to this contract your PO must reflect the following contract #: NASPO ValuePoint Cisco/IronPort Contract AR233 (14-19) Washington Contract #01114 Tax ID# 58-1667655; Size Business: Large; CAGE Code: OKDO5; DUNS#15-405-0959; CEC 15-506005G Credit: Net 30 days (all credit terms subject to prior Presidio credit department approval) Delivery: FOB Terms Dictated by individual PO details. Customer hereby authorizes and agrees to make timely payment for products delivered and services rendered, including payments for partial shipments Customer Signature Date Gity of Kent Purchase Order Order number must appear on all invoices, packages, etc. This document is hereby deemed a valid purchase order and authorizes the procurement of the materials and/or services indicated. Please let us know immediately if you are unableto ship the complete order. Ship to: City of Kent lnformation Technology 400 West Gowe Street Suite 122 Kent, WA 98032 Bill to: City of Kent Accounts Payable 220 4lh Avenue South Kent, WA 98032 Phone: (253) 856-5230 Order #: 144186 OP Order Date: 31812018 Ordered By: MarthaF Gonzalez Info Tech-Tech Services Vendor: 800752 Presidio Networked Solutions Group, LLC PO Box 677638 Dallas, TX 75267-7638 KENT !^,As.ttNGTa\ TotalCost 4,488.00 2,244.00 8,976.00 10,659.00 10,659.00 3,927.00 3,927.00 13,464.00 13,464.00 16,663.55 28,564.25 13,134.00 4,488.00 2,244.00 8,976.00 10,659.00 10,659.00 3,927.00 3,927.00 13,464.00 13,464.00 3,927.00 16,663.55 Sales Tax 408.00 204.00 816.00 969.00 969.00 357.00 357.00 1,224.00 1,224.00 1,514.87 2,596.75 't ,1 94.00 408.00 204.00 816.00 969.00 969.00 357.00 357.00 1,224.00 1,224.00 357.00 1,514.87 Ext. Cost 4,080.00 2,040.00 8,160.00 9,690.00 9,690.00 3,570.00 3,570.00 12,240.00 12,240.00 15,148.68 25,967.50 11,940.00 4,080.00 2,040.00 8,160.00 9,690.00 9,690.00 3,570.00 3,570.00 12,240.00 12,240.O0 3,570.00 15,148.68 Unit Gost 4,080.00 1,020.00 8,160.00 9,690.00 9,690.00 3,570.00 3,570.00 12,240.00 12,240.O0 15,148.68 1,997.50 497.50 4,080.00 1,020.00 8,160.00 9,690.00 9,690.00 3,570.00 3,570.00 12,240.O0 12,240.00 3,570.00 15,148.68 Quantity 1 2 1 1 1 1 1 1 1 1 13 24 1 2 1 1 1 1 1 1 1 1 I Description Cisco Cataylst 9400 | Series 10 Slot Chassis Loc 1 Cisco Cataylst 9400 Series | 3200W AC power Supply C1 Advantage Term C9400 3Y I DNA,100 ISE pLS, 100 Swatch Cisco Cataylst 9400 Series I Supervisor 1XL Module Cisco Cataylst 9400 Series I Supervisor Redund 1XL Module Cisco Cataylst 9400 Series | 48-Port 10/100/1000(RJ-45) Cisco Cataylst 9400 Series | 4S-Port 10/100/1000(RJ-45) Cisco Cataylst 9400 Series 124-Port 10 Gigabit Eth (SFp+) Cisco Cataylst 9400 Series | 24-Port 1 0 Gigabit Eth (SFp+) SNTC-24X7X4 Cisco I Catalyst 9400 for 36 mo(s) l0GBASE-LR I SFP Module lOGBASE-SR ISFP Module Cisco Cataylst 9400 Series | 10 Slot Chassis- Loc 2 Cisco Cataylst 9400 Series | 3200W AC Power Supply Cl Advantage Term C9400 3Y I DNA,100 tSE pLS, 100 Swatch Cisco Cataylst 9400 Series I Supervisor 1XL Module Cisco Cataylst 9400 Series I Redund Supervisor 1XL Module Cisco Cataylst 9400 Series | 48-Port 10/100/1000(RJ-45) Cisco Cataylst 9400 Series 148-Port 10/100/1000(RJ-45) Cisco Cataylst 9400 Series | 24-Port 1 0 Gigabit Eth (SFp+) Cisco Cataylst 9400 Series 124-Port 10 Gigabit Eth (SFp+) Cisco Cataylst 9400 Series 148-Port 10/100/1000(RJ-45) SNTC-24X7X4 Cisco I Catalyst 9400 for 36 mo(s) Item # c9410R c9400-PWR-320oAC c1A1TCAT94001-3Y c9400-suP-1xL c9400-suP-1xL/2 c9400-Lc-487 c9400-Lc-487 c9400-LC-24XS c9400-Lc-24XS CON-SNTP-C941OR SFP-1OG-LR= SFP-10G-LR= c9410R c9400-PWR-3200AC c1A1TCAT94001-3Y c9400-suP-1xL c9400-suP-1xL/2 c9400-Lc-487 c9400-Lc-487 c9400-Lc-24XS c9400-LC-24XS c9400-Lc-487 CON-SNTP-C941OR Line 1 2 3 4 5 6 7 8 o 10 11 12 13 14 15 16 17 18 19 20 21 22 23 KENT Gity of Kent Purchase Order Order #: 144186 OP Order number must appear on all invoices, packages, etc. Order Date: 3lBl2O18 Total Cost 3,830.75 15,589.75 3,830.75 8,789.00 550.00 52.68 Subtotal:232,010.25 Sales Tax:23,201.03 Total:255,211.29 Sales Tar 348.25 1,417.25 348.25 799.00 50.00 4.79 Ext. Cost 3,482.50 14,172.50 3,482.50 7,990.00 500.00 47.89 Unit Cost 497.50 14,172.50 497.50 1,997.50 250.00 47.89 Quantity 7 1 7 4 2 1 Description l0GBASE-SR ISFP Module Catalyst 4500 E-Series | 12-Port 10GbE(SFP+) l0GBASE-SR ISFP Module l0GBASE-LR I SFP Module 1 0OOBASE-SX SFP transceiver I module, MMF,850nm, DOM SHIPPING & HANDLING w HD#54432 | Q#200321 8800 1 99-04 Washington NASPO ValuePoint I Cisco AR233(14-19)WA#01 1 14 Item # SFP-10G-SR= WS-X4712-SFP1+E= SFP-1OG-SR SFP-1OG-LR GLC-SX-MMD= S/H Line 24 25 26 27 28 29 30 31 Approved by: Carrington, Michael Charles Mayor's Signature: (Required for r $10,000) This page intentionally left blank. Agenda Item: Consent Calendar – 8F_ TO: City Council DATE: May 15, 2018 SUBJECT: South 228th Street Interurban Trail Connector Project Acceptance of Grant Funds – Accept SUMMARY: Authorize the Mayor to sign the grant agreement to accept grant funds from the Washington State Department of Commerce in the amount of $485,000 for the South 228th Street Inter-Urban Trail Connector Project and to direct staff to establish a budget for the funds, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. EXHIBITS: Agreement RECOMMENDED BY: Public Works Committee YEA: Fincher, Troutner, Higgins NAY: BUDGET IMPACT: These funds will be included in the project budget. STRATEGIC PLAN GOAL(S): ☒ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging technologies, and fostering new opportunities and industries that benefit our community. ☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior infrastructure, enriched community interactions, and responsive, trusting relationships. ☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for healthy growth and cultural celebration. MOTION: Authorize the Mayor to sign the grant agreement to accept grant funds from the Washington State Department of Commerce in the amount of $485,000 for the South 228th Street Inter-Urban Trail Connector Project, establish a budget for the funds, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. OITY OF KENT APR 0 6 2010 ENCIN[ERIi'JO D[PARTll[LNT STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 plum Street SE . pO Box 4252i. Olympia, Washington 98504_2525 . (360) 725-4000 Aprrl2,2018 Mr. Mark Madfai Design Engineering Supervisor City of Kent 400 W Gowe Street Kent, WA 98032 Dear Mr. Madfai: Enclosed for your review and signature are two originals of proposed Contract Number 16-93205-081 between the Department of Commerce and the City of Kent. The purpose of the contract is to provide your organization with funds appropriated under the Local and Community Projects 2016 program solely and specifically for the South 228th Street Inter-Urban Trail Connector project. Please review the contract carefully. If it meets with your approval, please sign and date where indicated (the Contract Face Sheet and Attachments A through D) and return both to me at your earliest convenience. We will sign them and retum a fully executed original to you for yogr records If you have any questions or need additional information, please call me at (360) 725-500I. I can also be reached by email at emily.hafford@commerce.wa.gov. Sincerely, + fuh+ttr-l Emily Hafford, Program Manager Capital Programs Enclosures * Department of Commerce Grant to For City of Kent through The Local and Community Projects 2016 Program South 228th Street Inter-Urban Trail Connector - 229th Street birycle trail infrastructure. Staft date:JULY 1, 2015 Washington State Depaftment of Commerce www.commerce.wa.gov .* TABLE OF CONTENTS i Face She'6t ............... Special Terms and Conditions .......... 1. Grant Management..............2. Compensation..........3. Certification of Funds Performance Measures...............4. Prevailing Wage Law..........*. 5. Documentation and Security6. Basis for Establishing Real Property Values for Acquisitions of Real Property7. Expenditures Eligible for Reimbursement8. BillingProceduresandPayment..............9. lnsurance.10. Order of Precedence ...........11: Reduction in Funds...12. Ownership of ProjecUCapital Facilities13. Change of Ownership or Use for GRANTEE-Owned Property14. Change of Use for Leased Property Performance Measure15. Modification to the Project Budget......16. Signage, Markers and Publications.......17. Historical and Cultural Artifacts18. Reappropriation........19. Recapture :................20. Termination for Fraud or Misrepresentation General Terms and Conditions Definitions Access to Data Advance Payments Prohibited All Writings Contained Herein Amendments ............. Americans with Disabilities Act (ADA) Assignment................ Attorney's Fees......... Audit........ Conf ide ntial ity/Safeg uard i n g of I nform ation. . . Conflict of lnterest. Copyright Provision... Disputes Duplicate Payment... Governing Law and Venue lndemnification .......... lndependent Capacity of the Grantee lndustrial lnsurance Coverage Laws........ Licensing, Accreditation and Registration ..... Limitation of Authority Noncompliance with Nondiscrimination Laws Pay Equity Political Activities Publicity Recapture Records Maintenance............... Registration with Department of Revenue..... 1 1 I I 1 1 2 2 2 2 3 3 4 4 5 5 5 5 5 6 6 6 6 6 7 7 7 7 7 1. 2. 3. 4. 5. 6. 7. L 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. * t 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. Right of lnspection. Savings.... Severability ............... Site Security ............. Subg ranting/Subcontracting ... Survival.... Taxes....... Termination for Cause Termination for Convenience. Termination Procedures...,..... Treatment of Assets... Waiver ,.7 .7 .8 .8 .8 .8 .8 .8 .9 .9 10 10 Attachment A, Scope of Work; Attachment B, Budget; Attachment C, Availability of Funds; Attachment D Certification of Prevailing Wages; Attachment E, Certification of LEED t FACE SHEET Grant Number: L6-93205-081 Washington State Department of Commerce local Government Division Community Capital Facilities Unit As (oPtional)2. GRANTEE Doing Business City of Kent 400 W Gowe Street Kent, Washington 98032 1. GRANTEE Emily Hafford Project Manager (360) 72s-s001 Fax 360-586-5880 emily.hafford@commerce'wa' gov P.O. Box 42525 1011Plum Street SE Olympia, WA 98504-2525 4. COMMERCE Representative Mark Madfai Design Engineering SuPervisor (253) 856-6500 mmadfai@kentwa.gov 3. Grantee Representative 8. End Date 613012021 7. Start Date 7l0ll20l5Federal: fl State: X ottrer: fl N/A: n 6. Funding Source5. Grant Amount s485,000.00 Federal Agencv N/A CFDA Number N/A9. Federal Funds (as applicable) N/A 13. DUNS # N/A 12. UBI # 173000002 11. SWV # swv000552-00 10. Tax ID # 9t-6001254 L4. Grant PurPose The outcome of this performance-based contract is to fund Cono""to, project, ai referenced in Attachment A - Scope Ihe2lSthStreet bicycle trail infrastructure' South 228ft Street Trail of Work. FOR COMMERCE lr{,u-6oJ"n, fr'f| 1-zrtt Date Mark K. BarkleY,Assistant Director Date APPROVED AS TO FORM Date MayorS.alph, I SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS THls coNTRAcT' entered into by and between city of Kent (a unit of rocargovernment) hereinafterfit::'3tf,fi'.HS3:,i,irl,T3a$ jliry;ni'gto;3t"t;il;:;'."nt or commerce (hereinafter rererred WHEREAS' coMMERcE has the statutory authority under RCW 43.330.050 (5) to cooperateyff#,i#:i1".3t"'t"nce to to""isou"r,it"nt., ol.]nJ.""r, and community-based WHEREAS' coMMERcE is als-o given the responsibility to administer state funds and programswhich are assigned to coMMER-c'i ;i;; cou"rnoioiinJ ili""r,i.gton stare Legisrature; and WHEREAS' the washington state Legislature has, in Laws of 2015, 3rd special session,chapter 3' section 1oa^O]made;; Iiifi;iation to "rpJ"rit"n"locarand community projects2016 Program' and ajgappropriatiori in iaws o1201t, 5; s;"-"il se""ion, chapter a, section1044, and directed corvrnrr'enb-fil;d;;"lter those funds; and WHEREAS' the enabling legislation also stiputates that the GRANTEE is eligibte to receiveIts?j,':&i:,.acquisition, cons-truction, oii"n"'oiritation ra veitJi"'n"r"in"fter referred to as the ffiHiJ::fi$3fi"l ffiff$%l':: ?n"J:iants, conditions, perrormances, and promises hereinafter 1. GRANTMANAGEMENT The Representative for.each of the parties,shall b-e responsilrg for and shall be the contact person foralt communications and bitings i"gJ;ing the performance of this Grant. Jl:eT:?fiije'ili"i for coMMERCE and their contact information are identified on the Face Ii:eT:?ff."3*"f for the GRANTEE and their contact information are identified on the Face 2. COMPENSATION f;3'HEl3:'S;lffl'1ffi'T:ff:f,"Ji:ii,?f?,';'S:"',:Ti,il;.;:onar costs necessary ror or A' The release of state funds under this contract is_contingent upon the GRANTEE certifying that ithas expended or has access i" rr.or-ri"r non-state ,6ur"es^?s-set forth in ATTACHMENT C(cERTlFlcATloN oF rHe nvnilniriirv or ru^ios riib"ouprETE THE enorecry, hereofsuch non-state sources may consist of a combination oi"'nv or the forowing:i) Etigibre project expenditures prior to the execution of this contract.iD Cash dedicated to the project. iii) Funds available through a letter of credit or other binding loan commitment(s).iv) Pledges from foundations or corporations.v) Pledges from individualdonors. 3 i' t' I i;ilrIrItii I I 2 vi) SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS The value of real property when acquired solely for the purposes of this Project, as established and evidenced by a current market value appraisal performed by a licensed, professional real estate appraiser, or a current property tax statement. COMMERCE will not consider appraisals for prospective values of such property for the purposes of calculating the amount of non-state matching fund credit. ln-kind contributions, subject to COMMERCE'S approval.vii) B. The GRANTEE shall maintain records sufficient to evidence that it has access to or has expended funds from such non-state sources, and shall make such records available for COMMERCE'S review upon reasonable request. 4. PREVAILING WAGE LAW The Project funded under this Grant may be subject to state prevailing wage law (Chapter 39.12 RCW). The GRANTEE is advised to consult the lndustrial Statistician at the Washington Department of Labor and lndustries to determine whether prevailing wages must be paid. COMMERCE is not responsible for determining whether prevailing wage applies to this Project or for any prevailing wage payments that may be required by law. 5. DOCUMENTATTON AND SECURTTY The provisions of this section shall apply to capital projects performed by nonprofit organizations that involve the expenditure of over $500,000 in state funds. Projects for which the grant award or legislative intent documents specify that the state funding is to be used for design only are exempt from this section. A. Deed of Trust. This Grant shall be evidenced by a promissory note and secured by a deed of trust or other appropriate security instrument in favor of COMMERCE (the "Deed of Trust"). The Deed of Trust shall be recorded in the County where the Project is located, and the original returned to COMMERCE after recordation within ninety (90) days of contract execution. The Deed of Trust must be recorded before COMMERCE will reimburse the GRANTEE for any Project costs. The amount secured by the Deed of Trust shall be the amount of the grant as set forth in Section 2, hereof. B. Term of Deed of Trust. The Deed of Trust shall remain in full force and effect for a period of ten (10) years following the final payment of state funds to the GRANTEE under this grant. Upon satisfaction of the ten-year term requirement and all other grant terms and conditions, COMMERCE shall, upon written request of the GRANTEE, take appropriate action to reconvey the Deed of Trust. C. Title lnsurance. The GRANTEE shall purchase an extended coverage lender's policy of title insurance insuring the lien position of the Deed of Trust in an amount not less than the amount of the grant. D. Subordination. COMMERCE may agree to subordinate its deed of trust upon request from a private or public lender. Any such request shall be submitted to COMMERCE in writing, and COMMERCE shall respond to the request in writing within thirty (30) days of receiving the request. 3 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 6.Eraqtq trnEt EST AFII IIIIT EEAI DD''IE'FE TV VAI I ItrC ENP QtTtrrttc r1tr EtEAI PROPERTY PERFORMANCE MEASURES When the grant is used to fund the acquisition of real property, the value of the real property eligible for reimbursement under this grant shall be established as follows: a. GRANTEE purchases of real property from an independent third-party seller shall be evidenced by a current appraisal prepared by a licensed Washington State commercial real estate appraiser, or a current property tax statement. b. GRANTEE purchases of real property from a subsidiary organization, such as an affiliated LLC, shall be evidenced by a current appraisal prepared by a licensed Washington State commercial real estate appraiser or the prior purchase price of the property plus holding costs, whichever is less. 7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT The GRANTEE may be reimbursed, at the rate set forth elsewhere in this contract, for Project expenditures in the following cost categories: A. Real property, and costs directly associated with such purchase, when purchased or acquired solely for the purposes of the Project; B. Design, engineering, architectural, and planning; C. Construction management and observation (from external sources only); D. Construction costs including, but not limited to, the following Site preparation and improvements; Permits and fees; Labor and materials; Taxes on Project goods and services; Capitalized eq uipment; lnformation technology infrastructure; and Landscaping. 8. BILLING PROCEDURES AND PAYMENT COMMERCE shall reimburse the GRANTEE for one-hundred percent (100%) of eligible Project expenditures, up to the maximum payable under this contract. When requesting reimbursement for expenditures made, the GRANTEE shall submit to COMMERCE a signed and completed lnvoice Voucher (Form A-19), that documents capitalized Project activity performed - by budget line item - for the billing period. The GRANTEE shall evidence the costs claimed on each voucher by including copies of each invoice received from vendors providing Project goods or services covered by the contract. The GRANTEE shall also provide COMMERCE with a copy of the cancelled check or electronic funds transfer, as applicable, that confirms that they have paid each expenditure being claimed. The cancelled checks or electronic funds transfers may be submitted to COMMERCE at the time the voucher is initially submitted, or within thirty (30) days thereafter. The voucher must be certified (signed) by an official of the GRANTEE with authority to bind the GRANTEE. The finalvoucher shall be submitted to COMMERCE within sixty (60) days following the completion of work or other termination of this contract, or within fifteen (15) days following the end of the state biennium unless contract funds are reappropriated by the Legislature in accordance with Section 18, hereof. 4 SPECIAL TERMS AND GONDITIONS GENERAL GRANT STATE FUNDS Each request for payment must be accompanied by a Project Status Report, which describes, in narrative form, the progress made on the Project since the last invoice was submitted, as wellas a report of Project status to date. COMMERCE will not release payment for any reimbursement request received unless and untilthe Project Status Report is received. After approving the lnvoice Voucher and Project Status Report, COMMERCE shall promptly remit a warrant to the GRANTEE. COMMERCE will pay GRANTEE 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. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the GRANTEE. COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the GRANTEE for services rendered if the GRANTEE fails to satisfactorily comply with any term or condition of this Grant. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Duplication of Billed Costs The GRANTEE shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the GRANTEE, if the GRANTEE is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subgrantees. 9. INSURANCE The GRANTEE shall provide insurance coverage as set out in this seclion. The intent of the required insurance is to protect the state of Washington should there be any claims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the GRANTEE, or Subgrantee, or agents of either, while performing under the terms of this Grant. The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. The insurance shall name the state of Washington, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The GRANTEE shall instruct the insurers to give COMMERCE thirty (30) calendar days advance notice of any insurance cancellation or modification. The GRANTEE shall submit to COMMERCE within fifteen (15) calendar days of the Grant start date, a certificate of insurance which outlines the coverage and limits defined in this insurance section. During the term of the Grant, the GRANTEE shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. The GRANTEE shall provide insurance coverage that shall be maintained in fullforce and effect during the term of this Grant, as follows: Commercial General Liability lnsurance Policy. Provide a CommercialGeneral Liability lnsurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Grant activity but no less than $1,000,000 per occurrence. Additionally, the GRANTEE is responsible for ensuring that any Subgrantees provide adequate insurance coverage for the activities arising out of subgrants. Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of the GRANTEE for the purpose of receiving or depositing funds into program accounts or 5 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS issuing financial documents, checks, or other instruments of payment for program costs shall be insured to provide protection against loss: A. The amount of fidelity coverage secured pursuant to this Grant shall be $2,000,000 or the highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary. B. Subgrantees that receive $10,000 or more per year in funding through this Grant shall secure fidelity insurance as noted above. Fidelity insurance secured by Subgrantees pursuant to this paragraph shall name the GRANTEE and the GRANTEE's fiscal agent as beneficiary. C. The GRANTEE shall provide, at COMMERCE's request, copies of insurance instruments or certifications from the insurance issuing agency. The copies or certifications shall show the insurance coverage, the designated beneficiary, who is covered, the amounts, the period of coverage, and that COMMERCE will be provided thirty (30) days advance written notice of cancellation. GRANTEES and Local Governments that Participate in a Self-lnsurance Program. Self-lnsured/Liability Pool or Self-lnsured Risk Management Program - With prior approval from COMMERCE, the GRANTEE may provide the coverage above under a self-insured/liability pool or self-insured risk management program. ln order to obtain permission from COMMERCE, the GRANTEE shall provide: (1) a description of its self-insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and deductibles. All self-insured risk management programs or self-insured/liability pool financial reports must comply with Generally Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1) GovernmentalAccounting Standards Board (GASB), 2) FinancialAccounting Standards Board (FASB), and 3) the Washington State Auditor's annual instructions for financial reporting. GRANTEE's participating in joint risk pools shall maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. The state of Washington, its agents, and employees need not be named as additional insured under a self-insured property/liability pool, if the pool is prohibited from naming third parties as additional insured. GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self insurance, evidencing continued coverage under GRANTEE's self-insured/liability pool or self- insured risk management program. Such annual summary of coverage and letter of self insurance will be provided on the anniversary of the start date of this Agreement. 10. ORDEROFPRECEDENCE ln the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence in the following order: . Applicable federal and state of Washington statutes and regulations. SpecialTerms and Conditions. General Terms and Conditions. Attachment A - Scope of Work. AttachmentB-Budget. Attachment C - Certification of the Availability of Funds to Complete the Project. Attachment D - Certification of the Payment and Reporting of Prevailing Wages. Attachment E - Certification of lntent to Enter the Leadership in Energy and Environmental Design (LEED) Certification Process 11. REDUCTION IN FUNDS ln the event state funds appropriated for the work contemplated under this contract are withdrawn, reduced, or limited in any way by the Governor or the Washington State Legislature during the contract period, the parties hereto shall be bound by any such revised funding limitations as 6 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS implemented at the discretion of COMMERCE, and shall meet and renegotiate the contract accordingly. 12. OWNERSHIP OF PROJECT/CAPITAL FACILITIES COMMERCE makes no claim to any real property improved or constructed with funds awarded under this contract and does not assert and will not acquire any ownership interest in or title.to the capital facilities and/or equipment constructed or purchased with state funds under this contract; provided,, however, that COMMERCE may be granted a security interest in real property, to secure funds awarded under this contract. This provision does not extend to claims that COMMERCE may bring against the GRANTEE in recapturing funds expended in violation of this contract. 13. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY A. The GRANTEE understands and agrees that any and all real property or facilities owned by the GRANTEE that are acquired, constructed, or otherwise improved by the GRANTEE using state funds under this contract, shall be held and used by the GRANTEE for the purpose or purposes stated elsewhere in this contract for a period of at least ten (10) years from the date the final payment is made hereunder. B. This provision shall not be construed to prohibit the GRANTEE from selling any property or properties described in this section; Provided, that any such sale shall be subject to prior review and approval by COMMERCE, and that all proceeds from such sale shall be applied to the purchase price of a different facility or facilities of equal or greater value than the original facility and that any such new facility or facilities will be used for the purpose or purposes stated elsewhere in this contract. C. ln the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall repay to the state general fund the principal amount of the grant as stated in Section 1, hereof, plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the effective date of the legislation in which the subject facility was authorized. Repayment shall be made pursuant to Section 19 (Recapture provision). 14. CHANGE OF IISF FOFI I FASFD PERTY P ERFORMANCE MFASIIFIF A. The GRANTEE understands and agrees that any facility leased by the GRANTEE that is constructed, renovated, or otherwise improved using state funds under this contract shall be used by the GRANTEE for the purpose or purposes stated elsewhere in this contract for a period of at least ten (10) years from the date the final payment is made hereunder. B. ln the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall repay to the state general fund the principal amount of the grant as stated in Section 1, hereof, plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the effective date of the legislation in which the subject facility was authorized. Repayment shall be made pursuant to Section 19 (Recapture Provision). 15. MODIFICATION TO THE PROJECT BUDGET A. Notwithstanding any other provision of this contract, the GRANTEE may, at its discretion, make modifications to line items in the Project Budget (Attachment B), hereof, that will not increase the Iine item by more than fifteen percent (15%). B. The GRANTEE shall notify COMMERCE in writing (by emailor regular mail) when proposing any budget modification or modifications to a line item in the Project Budget (Attachment B,) hereof, that would increase the line item by more than fifteen percent (15o/o). Conversely, COMMERCE 7 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS may initiate the budget modification approval process if presented with a request for payment under this contract that would cause one or more budget line items to exceed the 15 percent (15o/o) threshold increase described above. G. Any such budget modification or modifications as described above shall require the written approval of COMMERCE (by email or regular mail), and such written approval shall amend the Project Budget. Each party to this contract will retain and make any and all documents related to such budget modifications a part of their respective contract file. D. Nothing in this section shall be construed to permit an increase in the amount of funds available for the Project, as set forth in Section 2 of this contract. 16. SIGNAGE. MARKERS AND PUBLICATIONS lf, during the period covered by this contract, the GRANTEE displays or circulates any communication, publication, or donor recognition identifying the financial participants in the Project, any such communication or publication must identify "The Taxpayers of Washington State" as a participant. 17. HISTORICAL AND CULTURAL RESOURCES ln the event that historical or cultural artifacts are discovered at the Project site during construction, the GRANTEE shall immediately stop work and notify the local historical preservation officer and the state historic preservation officer at the Washington State Department of Archaeology and Historic Preservation (DAHP) at (360) 586-3065, and the Commerce Representative identified on the Face Sheet. lf human remains are discovered, the GRANTEE shall immediately stop work and report the presence and location of the remains to the coroner and local enforcement, then contact DAHP and any concerned tribe's cultural staff or committee. 18. REAPPROPRIATION A. The parties hereto understand and agree that any state funds not expended by June 30, 2019 will lapse on that date unless specifically reappropriated by the Washington State Legislature. lf funds are so reappropriated, the state's obligation under the terms of this contract shall be contingent upon the terms of such reappropriation. B. ln the event any funds awarded under this contract are reappropriated for use in a future biennium, COMMERCE reserves the right to assign a reasonable share of any such reappropriation for administrative costs. 19. RECAPTURE ln the event that the GRANTEE fails to perform this Grant in accordance with state laws, federal laws, and/or the provisions of this Grant, COMMERCE reserves the right to recapture all funds disbursed under the Grant, in addition to any other remedies available at law or in equity. This provision supersedes the Recapture provision in Section 25 of the General Terms and Conditions. 8 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 20. TERMINATION FOR FRAUD OR MISREPRESENTATION ln the event the GRANTEE commits fraud or makes any misrepresentation in connection with the Grant application or during the performance of this contract, COMMERCE reserves the right to terminate or amend this contract accordingly, including the right to recapture all funds disbursed to the GRANTEE under the Grant. o GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 1. DEFINITIONS As used throughout this Grant, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Department of Commerce. C. "GRANTEE" shall mean the entity identified on the face sheet performing service(s) under this Grant, and shall include all employees and agents of the GRANTEE. D. "Personal lnformation" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. E. "State" shall mean the state of Washington. F. "subgrantee/subcontractor'' shall mean one not in the employment of the GRANTEE, who is performing all or part of those services under this Grant under a separate Grant with the GRANTEE. The terms "subgrantee/subcontractor" refers to any tier. G. "subrecipient" shall mean a non-federal entity that expends federal awards received from a pass- through entity to carry out a federal program, but does not include an individual that is a beneficiary of such a program. lt also excludes vendors that receive federalfunds in exchange for goods and/or services in the course of normal trade or commerce. H. "Vendor" is an entity that agrees to provide the amount and kind of services requested by COMMERCE; provides services under the grant only to those beneficiaries individually determined to be eligible by COMMERCE and, provides services on a fee-for-service or per-unit basis with contractual penalties if the entity fails to meet program performance standards. 2. ACGESSTODATA ln compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under this Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the GRANTEE's reports, including computer models and the methodology for those models. 3. ADVANCE PAYM PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Grant shall be made by COMMERCE. 4. ALL WRITINGS CONTAINED HEREIN This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or othenivise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of the parties hereto. 5. AMENDMENTS This Grant may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 1 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990. PUBLIC LAW 101-336. also referred to as the "ADA" 28 CFR Part 35 The GRANTEE must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 7. ASSIGNMENT Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the GRANTEE without prior written consent of COMMERCE. 8. ATTORNEYS'FEES Unless expressly permitted under another provision of the Grant, in the event of litigation or other action brought to enforce Grant terms, each party agrees to bear its own attorneys fees and costs. 9. AUDIT A. GeneralRequirements COMMERCE reserves the right to require an audit. lf required, GRANTEEs are to procure audit services based on the following guidelines. ' The GRANTEE shall maintain its records and accounts so as to facilitate audits and shall ensure that subgrantees also maintain auditable records. The GRANTEE is responsible for any audit exceptions incurred by its own organization or that of its subgrantees. COMMERCE reserves the right to recover from the GRANTEE all disallowed costs resulting from the audit. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The GRANTEE must respond to COMMERCE requests for information or corrective action concerning audit issues within thirty (30) days of the date of request. B. State Funds Requirements ln the event an audit is required, if the GRANTEE is a state or local government entity, the Office of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be conducted by a certified public accountant selected by the GRANTEE. The GRANTEE shall include the above audit requirements in any subcontracts. ln any case, the GRANTEE's records must be available for review by COMMERCE. G. Documentation Requirements The GRANTEE must send a copy of the audit report described above no later than nine (9) months after the end of the GRANTEE's fiscal year(s) by sending a scanned copy to auditreview@commerce.wa.gov or a hard copy to: Department of Commerce ATTN: Audit Review and Resolution Office 1011 Plum Street SE PO Box 42525 Olympia WA 98504-2525 ln addition to sending a copy of the audit, when applicable, the GRANTEE must include: 2 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS . Corrective action plan for audit findings within three (3) months of the audit being received by COMMERCE.. Copy of the Management Letter. lf the GRANTEE is required to obtain a Single Audit consistent with Circular A-133 requirements, a copy must be provided to COMMERCE; no other report is required. 10. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential lnformation" as used in this section includes 1. All material provided to the GRANTEE by COMMERCE that is designated as "confidential" by COMMERCE; 2. All material produced by the GRANTEE that is designated as "confidential" by COMMERCE; and 3. All personal information in the possession of the GRANTEE that may not be disclosed under state or federal law. "Personal information" includes but is not limited to information related to a person's name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver's license number and other identifying numbers, and "Protected Health lnformation" underthe federal Health lnsurance Portability and Accountability Act of 1996 (HIPAA). B. The GRANTEE shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential lnformation. The GRANTEE shall use Confidential lnformation solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any Confidential lnformation to any third party except with the prior written consent of COMMERCE or as may be required by law. The GRANTEE shalltake all necessary steps to assure that Confidential lnformation is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential lnformation or violation of any state or federal laws related thereto. Upon request, the GRANTEE shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Grant whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The GRANTEE shall make the changes within the time period specified by COMMERCE. Upon request, the GRANTEE shall immediately return to COMMERCE any Confidential lnformation that COMMERCE reasonably determines has not been adequately protected by the GRANTEE against unauthorized disclosure. C. Unauthorized Use or Disclosure. The GRANTEE shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 11. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE may, in its sole discretion, by written notice to the CONTRACTOR terminate this contract if it is found after due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the CONTRACTOR in the procurement of, or performance under this contract. Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 of the Revised Code of Washington. The CONTRACTOR and their subcontractor(s) must identify any person employed in any capacity by the state of Washington that worked on this Grant, or any matter related to the project funded under this Grant or any other state funded project, including but not limited to formulating or drafting legislation, participating in grant procurement, planning and execution, awarding grants, or monitoring grants, during the24 month period preceding the start date of this Grant. ldentify the individual by name, the agency previously or currently employed by, job title 3 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS or position held, and separation date. lf it is determined by COMMERCE that a conflict of interest exists, the CONTRACTOR may be disqualified from further consideration for the award of a Grant. ln the event this contract is terminated as provided above, COMMERCE shall be entitled to pursue the same remedies against the CONTRACTOR as it could pursue in the event of a breach of the contract by the CONTRACTOR. The rights and remedies of COMMERCE provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which COMMERCE makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this contract. 1 2. COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Grant shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. ln the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the GRANTEE hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions, r'Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Grant, but that incorporate pre-existing materials not produced under the Grant, the GRANTEE hereby grants to COMMERCE a nonexclusive, royalty-free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The GRANTEE warrants and represents that the GRANTEE has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The GRANTEE shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Grant, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Grant. The GRANTEE shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the GRANTEE with respect to any Materials delivered under this Grant. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the GRANTEE. 13. DISPUTES Except as othenuise provided in this Grant, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director of COMMERCE, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: . be in writing;r state the disputed issues;. state the relative positions of the parties;. state the GRANTEE's name, address, and Contract number; and. be mailed to the Director and the other party's (respondent's) Grant Representative within three (3) working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Director or the Director's designee and the requestor within five (5) working days. The Director or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Director or designee may extend this period if necessary by notifying the parties. 4 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Grant shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 14. DUPLICATE PAYMENT COMMERCE shall not pay the GRANTEE, if the GRANTEE has charged or will charge the State of Washington or any other party under any other Grant, subgranVsubcontract, or agreement, for the same services or expenses. 15. GOVERNING LAW AND VENUE This Grant shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 16. INDEMNIFICATION To the fullest extent permitted by law, the GRANTEE shall indemnify, defend, and hold harmless the state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of the state, from and against all claims for injuries or death arising out of or resulting from the performance of the contract. "Claim" as used in this contract, means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorneys fees, attributable for bodily injury, sickness, disease, or death, or injury to or the destruction of tangible property including loss of use resulting therefrom. The GRANTEE's obligation to indemnify, defend, and hold harmless includes any claim by GRANTEE's agents, employees, representatives, or any subgrantee/subcontractor or its employees. GRANTEE expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to GRANTEE'S or any subgrantee's/subcontractor's performance or failure to perform the Grant. GRANTEE'S obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials. The GRANTEE waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 17. INDEPENDENT CAPACITY OF THE GRANTEE The pbrties intend that an independent contractor relationship will be created by this Grant. The GRANTEE and its employees or agents performing under this Contract are not employees or agents of the state of Washington or COMMERCE. The GRANTEE will not hold itself out as or claim to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the GRANTEE make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the GRANTEE. 18. INDUSTRIAL INSURANCE COVERAGE The GRANTEE shall comply with all applicable provisions of Title 51 RCW, lndustrial lnsurance. lf the GRANTEE fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, COMMERCE may collect from the GRANTEE the full amount payable to the lndustrial lnsurance Accident Fund. COMMERCE may deduct the amount owed by the.GRANTEE to the accident fund from the amount payable to the GRANTEE by COMMERCE under this Contract, and transmit the deducted amount to the Department of Labor and lndustries, (L&l) Division of Insurance Services. This provision does not waive any of L&l's rights to collect from the GRANTEE. 5 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 19. LAWS The GRANTEE shallcomply with allapplicable laws, ordinances, codes, regulations and policies of local and state and federal governments, as now or hereafter amended. 20. LICENSING. ACCREDITATION AND REGISTRATION The GRANTEE shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. .21.. LIMITATION OF AUTHORITY Only the Authorized Representative or Authorized Representative's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this contract is not effective or binding unless made in writing and signed by the Authorized Representative. 22. NONCOMPLIANCE W|TH NONptSCRtMtNATtON LAWS During the performance of this Grant, the GRANTEE shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. ln the event of the GRANTEE's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded, canceled or terminated in whole or in part, and the GRANTEE may be declared ineligible for further Grants with COMMERCE. The GRANTEE shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. 23 PAY ITY The GRANTEE agrees to ensure that "similarly employed" individuals in its workforce are compensated as equals, consistent with the following: a. Employees are "similarly employed" if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed;b. GRANTEE may allow differentials in compensation for its workers if the differentials are based in good faith and on any of the following: (i) A seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job-related factor or factors; or a bona fide regional difference in compensation levels. (ii) A bona fide job-related factor or factors may include, but not be limited to, education, training, or experience that is: Consistent with business necessity; not based on or derived from a gender-based differential; and accounts for the entire differential. (iii) A bona fide regional difference in compensation level must be: Consistent with business necessity; not based on or derived from a gender-based differential; and account for the entire differential. This Contract may be terminated by COMMERCE, if COMMERCE or the Department of Enterprise services determines that the GRANTEE is not in compliance with this provision. b IF: GENERAL TERMS AND CONDITIONS . GENERALGRANT STATE FUNDS 24. POLITICAL AGTIVITIES Political activity of GRANTEE employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17a RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 25. PUBLICITY The GRANTEE agrees not to publish or use any advertising or publicity materials in which the state of Washington or COMMERCE's name is mentioned, or language used from which the connection with the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the prior written consent of COMMERCE. 26. RECAPTURE ln the event that the GRANTEE fails to perform this Grant in accordance with state laws, federal laws, and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the GRANTEE of funds under this recapture provision shall occur within the time period specified by COMMERCE. ln the alternative, COMMERCE may recapture such funds from payments due under this Grant. 27. RECORDS MAINTENANCE The GRANTEE shall maintain books, records, documents, data and other evidence relating to this Grant and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Grant. GRANTEE shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Grant, shall be subject at all reasonable times to inspection, review or audit by GOMMERCE, personnel duly authorized hy COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. lf 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. 28. REGISTRATION WITH DEPARTMENT OF REVENUE lf required by law, the GRANTEE shall complete registration with the Washington State Department of Revenue. 29. RIGHT OF INSPECTION The GRANTEE shall provide right of access to its facilities to COMMERCE, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Grant. 30. SAVINGS ln the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Grant and prior to normal completion, COMMERCE may terminate the Grant under the "Termination for Convenience" clause, without the ten calendar day notice requirement. ln lieu of termination, the Grant may be amended to reflect the new funding limitations and conditions. 7 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 31. SEVERABILITY The provisions of this Grant are intended to be severable. lf any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Grant. 32. SITE SECURITY While on COMMERCE premises, GRANTEE, its agents, employees, or subcontractors shall conform in all respects with physical, fire or other security policies or regulations. 33. SUBGRANTING/SUBCONTRACTING Neither the GRANTEE nor any subgrantee/subcontractor shall enter into subgrants/subcontracts for any of the work contemplated under this contract without obtaining prior written approval of COMMERCE. ln no event shall the existence of the subgranVsubcontract operate to release or reduce the liability of the GRANTEE to COMMERCE for any breach in the performance of the GRANTEE's duties. This clause does not include Grants of employment between the GRANTEE and personnel assigned to work under this Grant. Additionally, the GRANTEE is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this agreement are carried forward to any subgrants/subcontracts. GRANTEE and its subgrantees/subcontractors agree not to release, divulge, publish, trqnsfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of COMMERCE or as provided by law. 34. SURVIVAL The terms, conditions, and warranties contained in this Grant that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Grant shall so survive. 35. TAXES All payments accrued on account of payroll taxes, unemployment contributions, the GRANTEE's income or gross receipts, any other taxes, insurance or expenses for the GRANTEE or its staff shall be the sole responsibility of the GRANTEE. 36. TERMINATION FOR CAUSE , ln the event COMMERCE determines the GRANTEE has failed to comply with the conditions of this Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before suspending or terminating the Grant, COMMERCE shall notify the GRANTEE in writing of the need to take corrective action. lf corrective action is not taken within 30 calendar days, the Grant may be terminated or suspended. ln the event of termination or suspension, the GRANTEE shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Grant and the replacement or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or prohibit the GRANTEE from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the GRANTEE or a decision by COMMERCE to terminate the Grant. A termination shall be deemed a "Termination for Convenience" 8 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS if it is determined that the GRANTEE: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition to any other rights and remedies, provided by law. 37. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. lf this Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this Grant for services rendered or goods delivered prior to the effective date of termination. 38. TERMINATION PROCEDURES Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant, may require the GRANTEE to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this Grant as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the GRANTEE the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the GRANTEE and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the AGENT shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this Grant. COMMERCE may withhold from any amounts due the GRANTEE such sum as the AUTHORIZED REPRESENTATIVE determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the AUTHORIZED REPRESENTATIVE, the GRANTEE ShAII: 1. Stop work under the Grant on the date, and to the extent specified, in the notice; 2. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Grant that is not terminated; 3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the AUTHORIZED REPRESENTATIVE, all of the rights, title, and interest of the GRANTEE under the orders and subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and su bg ra nts/su bcontracts; 4. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the AUTHORIZED REPRESENTATIVE to the extent AUTHORIZED REPRESENTATIVE may require, which approval or ratification shall be final for all the purposes of this clause; 5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the AUTHORIZED REPRESENTATIVE any property which, if the Grant had been completed, would have been required to be furnished to COMMERCE; 6. Complete performance of such part of the work as shall not have been terminated by the AUTHORIZED REPRESENTATIVE; and 9 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 7. Take such action as may be necessary, or as the AUTHORIZED REPRESENTATIVE may direct, for the protection and preservation of the property related to this Grant, which is in the possession of the GRANTEE and in which COMMERCE has or may acquire an interest. 39. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the GRANTEE, for the cost of which the GRANTEE is entitled to be reimbursed as a direct item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property by the GRANTEE. Title to other property, the cost of which is reimbursable to the GRANTEE under this Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this Grant, or (ii) commencement of use of such property in the performance of this Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the GRANTEE shall, unless.otherwise provided herein or approved by COMMERCE, be used only for the performance of this Grant. B. The GRANTEE shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the GRANTEE or which results from the failure on the part of the GRANTEE to maintain and administer that property in accordance with sound management practices. C. lf any COMMERCE property is lost, destroyed or damaged, the GRANTEE shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The GRANTEE shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this Grant All reference to the GRANTEE under this clause shall also include GRANTEE'S employees, agents or subgrantees/subcontractors. 40. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such in writing and signed by Authorized Representative of COMMERCE. 10 Attachment A Scope of Work Funds awarded under this grant shall be used for capital expenditures related to the design and construction of the South 228th Street lnter-Urban Trail Connector project, located along the south side of a planned grade separated roadway along South 228th Street in Kent. Construction will include, but not be limited to asphalting a multi-use trail that will extend approximately 900 feet between the lnterurban Trail andT2nd Avenue South. When complete, the trailwill provide the community with safe access between residential areas and adjoining commercial areas within Kent. This project is expected to be completed in September, 2020. All project work completed with prior legislative approval. The."Copyright Provisions", Section 12 of the General Terms and Conditions, are not intended to apply to any architecturaland engineering design work funded by this grant. CERTIFICATION PERFORMANCE MEASU RE The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and approved by the GRANTEE's governing body as of the date and year written below. :':.GRANTEE -BATE Attachment B Budget Line ltem Amount Architecture & Enqineerinq $20.000.00 Site Acquisition $0.00 Construction $425.000.00 Capitalized Equipment $0.00 Construction Manaqement $40.000.00 Other $0.00 Total Gontracted Amount:$485.000.00 CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that the Project Budget set forth above has been reviewed and approved by the GRANTEE's governing body or board of directors, as applicable, as of the date and year written below. GRANTEE TITLE DATE Attachment G Certification of the Availability of Funds to Complete the Project CERTI FICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that project funding from sources other than those provided by this contract and identified above has been reviewed and approved by the GRANTEE's governing body or board of directors, as applicable, and has either been expended for eligible Project expenses, or is committed in writing and available and will remain committed and available solely and specifically for carrying out the purposes of this Project as described in elsewhere in this contract, as of the date and year written below. The GRANTEE shall maintain records sufficient to evidence that it has expended or has access to the funds needed to complete the Project, and shall make such records available for COMMERCE'S review upon reasonable request. .'.FRANTEE DATE Non-State Funds Amount Total Total Non-State Funds $0.00 $0.00 State Funds State Caoital Budqet $485,000.00 $485,000.00 Total Non-State and State Sources $485,000.00 Attachment D Certification of the Payment and Reporting of Prevailing Wages CERTI FICATION PERFORMANCE MEASU RE The GRANTEE, by its signature, certifies that allcontractors and subcontractors performing work on the Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as of July 1, 2015, including but not limited to the filing of the "Statement of lntent to Pay Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. The GRANTEE shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for COMMERCE'S review upon request. lf any state funds are used by the GRANTEE for the purpose of construction, applicable State Prevailing Wages must be paid. The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and approved by the GRANTEE's governing body as of the date and year written below. GRANTEE TITLE DATE Attachment E Gertification of lntent to Enter the Leadership in Energy and Environmental Design (LEED) Certification Process CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that it will enter into the Leadership in Energy and Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to the Project funded by this contract. The GRANTEE shall, upon receipt of LEED certification by the United States Green Building Council, provide documentation of such certification to COMMERCE. The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and approved by the GRANTEE's governing body or board of directors, as applicable, as of the date and year written below. ^r<? GRANTEE .^cgdP- TITLE f)'{.t.s DAItL- OTHER BUSINESS This page intentionally left blank. Agenda Item: Bids – 10A_ TO: City Council DATE: May 15, 2018 SUBJECT: 2018 Crack Sealing Project – Award SUMMARY: This project consists of planing bituminous pavement as necessary to prepare pavement surface associated with the overlay work to be performed by the City of Kent Street Crew. EXHIBITS: Memo dated May 15, 2018 RECOMMENDED BY: Public Works Director BUDGET IMPACTS: The project will be paid for using Business and Occupation Tax funds. MOTION: Award the 2018 Crack Sealing Project to C.R. Contracting in the amount of $130,115.00, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director Address: 400 West Gowe Street Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: May 15, 2018 TO: Mayor Ralph and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: 2018 Crack Sealing - Award Bid opening for the 2018 Crack Sealing was held on May 8, 2018 with three (3) bids receive, all bids were responsive. The lowest responsible and responsive bid was submitted by C.R. Contracting in the amount of $130,115.00. The Engineer's estimate was $154,655.00. The Public Works Director recommends awarding this contract to C.R. Contracting. Bid Summary 01. C.R. Contracting $130,115.00 02. Evergreen Asphalt & Concrete $134,734.00 03. BCV, Inc. $135,730.00 Engineer's Estimate $154,655.00 This page intentionally left blank. Agenda Item: Bids – 10B_ TO: City Council DATE: May 15, 2018 SUBJECT: 2018 Paint Line Striping and RPM Replacement Project – Award SUMMARY: This project consists of installing paint striping over existing lane markings and installing raised pavement markings on various City streets. EXHIBITS: Memo dated May 15, 2018 RECOMMENDED BY: Public Works Director BUDGET IMPACTS: The project will be paid for using Business and Occupation Funds. MOTION: Award the 2018 Paint Line Striping and RPM Replacement Project to Stripe Rite, Inc., in the amount of $256,855.00, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director Address: 400 West Gowe Street Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: May 15, 2018 TO: Mayor Ralph and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: 2018 Paint Line Striping and RPM Replacement Project - Award Bid opening for the 2018 Paint Line Striping and RPM Replacement Project was held on May 8, 2018 with three (3) bids receive, all bids were responsive. The lowest responsible and responsive bid was submitted by Stripe Rite, Inc. in the amount of $256,855.00. The Engineer's estimate was $298,275.00. The Public Works Director recommends awarding this contract to Stripe Rite, Inc. Bid Summary 01. Stripe Rite, Inc. $256,855.00 02. Specialized Pavement Marking, Inc. $313,765.00 03. Apply-A-Line, Inc. $341,560.00 Engineer's Estimate $298,275.00 This page intentionally left blank. Agenda Item: Bids – 10B_ TO: City Council DATE: May 15, 2018 SUBJECT: Kent Springs and Pump Station No. 4 Electrical Upgrades Project – Award SUMMARY: This project consists of the installation of a back-up power generator, construction of a generator cover, electrical upgrades and installation of new variable frequency drive motors at the Kent Springs site. Additionally, site improvements at the Pump Station #4 facility include fencing, electrical improvements, installation of variable frequency drive motors, and a retaining wall. EXHIBITS: Memo dated May 15, 2018 RECOMMENDED BY: Public Works Director BUDGET IMPACTS: The project will be paid for using previously budgeted water utility funds. MOTION: Award the Kent Springs and Pump Station No. 4 Electrical Upgrades Project to Colvico, Inc., in the amount of $1,102,943.14 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director Address: 400 West Gowe Street Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: May 15, 2018 TO: Mayor Ralph and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: Kent Springs and Pump Station No. 4 Upgrades Project – Award Bid opening for the Kent Springs and Pump Station No. 4 Upgrades Project was held on May 1, 2018 with one (1) bid received. The lowest responsible and responsive bid was submitted by Colvico, Inc. in the amount of $1,102,943.14. The Engineer's estimate was $1,007,325.00. The Public Works Director recommends awarding this contract to Colvico, Inc. Bid Summary 01. Colvico Inc. $1,102,943.14 Engineer's Estimate $1,007,325.00 This page intentionally left blank. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION ADJOURNMENT