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HomeMy WebLinkAboutCity Council Meeting - Council - Regular Agenda - 09/07/2021 KENT CITY COUNCIL AGENDA Tuesday, September 7, 2021 7:00 PM Chambers Masks are required regardless of vaccination status. A live broadcast is available on Kent TV21, www.facebook.com/CityofKent, and www.youtube.com/user/KentTV21 To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID 876 3796 3897 Mayor Dana Ralph Council President Toni Troutner Councilmember Bill Boyce Councilmember Marli Larimer Councilmember Brenda Fincher Councilmember Zandria Michaud Councilmember Satwinder Kaur Councilmember Les Thomas ************************************************************** COUNCIL MEETING AGENDA - 7 P.M. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff. 4. PUBLIC COMMUNICATIONS A. Public Recognition 1. Employee of the Month 2. Proclamation for Childhood Cancer Awareness Month B. Community Events 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report B. Chief Administrative Officer's Report C. Councilmembers' Reports City Council Meeting City Council Regular Meeting September 7, 2021 6. PUBLIC HEARING 7. PUBLIC COMMENT The Public Comment period is your opportunity to speak to the Council and May or on issues that relate to the business of the city of Kent or to agenda items Council will consider at this meeting. Comments that do not relate to the business of the city of Kent are not permitted. Additionally, the state of Washington prohibits people from using this Public Comment period to support or oppose a ballot measure or candidate for office. If you wish to provide comment to the Mayor and Council at this meeting, please contact the City Clerk by 4 p.m. on the day of the meeting at 253-856-5725 or CityClerk@KentWA.gov. If you intend to speak in person, please see the Clerk at the beginning of the meeting to sign up. When called to speak during the meeting, please state your name and city of residence for the record. You will have up to three minutes to provide comment. Please address all comments to the Mayor and Council as a whole. The Mayor and Council may not be in a position to answer questions during the meeting. Alternatively, you may email the Mayor and Council at Mayor@KentWA.gov and CityCouncil@KentWA.gov. Emails are not read into the record. 8. CONSENT CALENDAR A. Approval of Minutes i. Council Workshop - Workshop Regular Meeting - Aug 17, 2021 5:00 PM ii. City Council Meeting - City Council Regular Meeting - Aug 17, 2021 7:00 PM iii. Committee of the Whole - Committee of the Whole - Regular Meeting - Aug 24, 2021 4:00 PM B. Payment of Bills - Authorize C. Ordinance Amending Title 15 of the Kent City Code Consistent with House Bill 1220 – Adopt D. Accept the 2020 Asphalt Overlays Project as Complete - Authorize E. Authorize the Use of accessoShoWare Center Operating Fund Balance for Capital Repair and Replacement - Authorize F. First Addendum to Lease with Half Lion Public House, LLC at the Riverbend Golf Complex - Authorize G. Supplemental Parks Property Levy Agreement - Authorize H. Contract with Chet’s Roofing & Construction, Inc to Replace Roof of Kent Police Station – Authorize I. Interagency Agreement with the Washington Traffic Safety Commission for 2021-2022 Walker/Roller Safety Program – Pacific Highway South - Authorize J. Downey Side Channel Restoration – RCO Grant Resolution – Adopt K. Amendments to Consultant Services Agreements for IT Temporary Staff - Authorize City Council Meeting City Council Regular Meeting September 7, 2021 L. Consultant Services Agreement with TEKsystems, Inc. for Temporary IT Staff - Authorize M. First Amendment to Master License and Services Agreement for Amanda Platform – Authorize N. Amanda (KIVA Replacement) Permitting System Deployment Project – Amend Budget and Approve Contract Amendment - Authorize 9. OTHER BUSINESS 10. BIDS A. Skyline Sanitary Sewer Extension Project Bid - Award 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Collective Bargaining, as per RCW 42.30.140(4)(a) 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 7-1-1. wHEREAS, wHEREAS, wHEREAS, wHEREAS, wHEREAS, PROCLAMATION each year in the United States more than 15,780 children from birth to 19 years old are diagnosed with cancer, equal to about 42 childhood cancer diagnoses each day; and approximately one in 285 children in the United States will be diagnosed with cancer before their twentieth birthday with this number increasing each year; and although the five-year survival rate for childhood cancers has reached 84 percent, nearly 1,500 American children under the age of nineteen still die each year from cancer, making it the leading killer of children by disease; and two thirds that do survive will face at least one chronic health condition later on in life - not limited to, but including - heart, liver and lung damage, infertility, secondary cancers and growth deficits; and the causes of childhood cancer are largely unknown and more studies are needed to understand which treatments work best for children; and wHEREAS,cancer treatment for children often must differ from traditional adult treatments to take into account children's developmental needs and other factors - there are more types/variances of childhood cancers than adult cancers; and WHEREAS, there are hundreds of children being treated for, and winning the fight against, cancer in Washington; and WHEREAS, Kent is a caring community that supports children and families; NOW, THEREFORE, I, Dana Ralph, Mayor of Kent, do hereby proclaim September 2O2l as Childhood Cancer Awareness Month In Kent Washington and encourage residents to join me in reaffirming our commitment to fighting childhood cancer. In witness whereof, I have hereunto set my hand this 7th day of September,2O2L KENT WASHtNGToN Mayor D lph 4.A.2 Packet Pg. 4 Communication: Proclamation for Childhood Cancer Awareness Month (Public Recognition) Page 1 of 10 Administration • Department directors presented their mid-biennium budget adjustment proposals and American Rescue Plan Act proposals to the Executive Leadership Team in mid- August. The Mayor’s Office and Finance Department are now reviewing proposals and will present a balanced budget adjustment to the City Council on September 28. The council is scheduled to adopt a budget adjustment prior to Thanksgiving. • The committee of the whole held its last meeting August 24, and city council committees resume in September. Thank you to City Clerk Kim Komoto, City Attorney Pat Fitzpatrick, and everyone throughout the organization for their work on the transition to and from the COW concept. • Masks are now required in public areas of city buildings, including indoor public meetings. Clerk’s Office • During the month of August, the City Clerk’s Office responded to over 571 public disclosure requests, including reviewing/redacting over 4,423 minutes of body-worn camera video. • Staff processed 96 contracts, conducted 1 in-person bid opening and accepted requests for proposals for one project. • In conjunction with the Mayor’s Office, the City Clerk is working through the recruitment process for an Administrative Assistant II position. Communications • Projects in Progress • CMS Refresh • Kent 101 Fall Sessions • PD Recruitment Video • Upcoming Events: Join us at our upcoming events! • Dining with Derek featuring Julie Parascandola September 29 • Mayor’s BBQ September 16 at noon • Faith & Blue (PD) October 8 • Past Events: We had a great summer of in-person and virtual events and, as we wrap-up summer and look towards the fall, we can all agree that this was a great contrast from that of 2020. We’re excited to continue growing our community engagement and excitement for what the City is doing. Here are some of our end-of-summer events: • Cruisin’ Kent • Afghan Refugee Donations • Kent Markets • National Night Out 2021 • Back-to-School Fundraiser • Battle of the Badges pt. 2 • West Fenwick Grand Opening Race and Equity • The community engagement and data collection phase of the Race & Equity Strategic plan development has been extended to the end of October this year. The extension will allow for more community input in the process. • September’s Cultural Awareness and Racial Equity meetings will be held on Wednesday, September 8 (9am-10:30am) and Thursday, September 9 (3pm- 4:30pm). The topic of the month will be ADMINISTRATION September 7, 2021 5.B Packet Pg. 5 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 2 of 10 “Voting Rights: History, Access, & Suppression.” Administration ECD staff have begun testing Amanda, the long-awaited permit tracking software upgrade. In conjunction with IT staff and our vendor, this all-hands-on deck effort will continue until the bugs are found and fixed prior to going live later this year. Long Range Planning LRP staff Kaelene Nobis has been appointed to the relaunched Regional Transit-Oriented Development Committee. This technical working group will focus on advancing and monitoring the region's equitable TOD progress and support local efforts to implement Vision 2050, serving in an advisory capacity to the Puget Sound Regional Council's Growth Management Policy Board. This is a great opportunity to represent the Kent and South King County jurisdictional perspective and highlight sensible, effective policy solutions to barriers in urban-style housing production. Economic Development • As part of its Commercial Affordability Pilot Project with the National Development Council, Economic Development has deployed technical advisor Darren Medina to assist AJ Burger, Project Feast, African Grey Market and Happy Hearts Montessori in their new business and/or expansion plans. The goal of the project is to not only assist microenterprises, but also to gain insights into improving upfront communication materials and pathways through permitting and construction for small businesses. • Economic development team is participating in several regional writing groups to pursue “Build Back Better” and “Good Jobs” federal grant opportunities. • Economic development and King County Food Economy Manager kicked off the “food hub” aka “community food center” planning process with an advisory committee of local and regional organizations as well as members of the industry. Areas of focus for the planned facility will include business acceleration for small food manufacturers, causes of and solutions to food insecurity, and specialized job training. • Economic development is participating in a King County Aerospace Alliance interview panel for scoring a supply chain consultant study. The aerospace industry is particularly hit hard by Covid-19, and it’s been more than 8 years since the last analysis was done and strategies were developed for King County aerospace suppliers. • Economic development participated in the Kent Downtown Partnership annual board retreat. Discussion topics included beautification projects and brainstorming sessions to come up with seasonally appropriate outdoor entertainment options. Permit Center/Building Services The inspectors completed 889 inspections in the month of August. Plan reviewers reviewed 106 new applications and 44 resubmissions. The bulk of these applications were for new commercial structures and new residential houses. • The two vacant Customer Service Representative positions have been filled. Min Shim and Nathan Wee started in Customer Service on September 1. Welcome Min and Nathan! • Proclamation 20-23 prohibiting utility shutoffs is set to expire on September 30. Customer Service is working on getting delinquent customers set up on payment arrangement plans while the proclamation is still in place. In August, a notice was sent to customers with a delinquent water account balance and included a copy of our payment arrangement application and messaging about the importance of setting up a payment arrangement. Benefits Division The enrollment period for the voluntary Life + Long Term Care (LTC) option the City is offering as an alternative to the WA Long ECONOMIC AND COMMUNITY DEVELOPMENT FINANCE HR 5.B Packet Pg. 6 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 3 of 10 Term Care Services and Support Trust Act (LTSS) is September 6-24, 2021. Informational meetings have been scheduled. Labor Relations Division • Job description update/discussion for soon to be vacated RHIP position LEAN/Performance Management • ELT reviewed DRAFT Performance Measures dashboard on 9/2 • Council reviews DRAFT Performance Measures dashboard on 9/21 Recruitment Division • Oral board interviews for Administrative Assistant II in the Police department 8/30- 9/1. Eligibility list to be established by 9/6 • Interviews for Central Financial Analyst (AP) on 9/1 • Tax Auditor and Accounting Supervisor positions are now both open until filled • Assessment for the Administrative Assistant II position in Administration/City Clerk’s Office is scheduled for 9/7 Information Technology Projects • Corrections Infrastructure Upgrade – to deploy a small-scale data center solution at the City of Kent Correction facility allowing infrastructure growth and security. • CUES - CCTV (pipe camera) GraniteNet Upgrade - to upgrade and enhance the capabilities and functionality of the CUES GraniteXP software platform to GraniteNet. By upgrading this software platform, the City will be able to fully integrate the CUEs and Cityworks software, configure and automate the complete CCTV inspection workflow, resulting in one system of record for City assets. Information Technology operational support for August 22, 2021 to August 31, 2021 • Number of tickets opened – 190 • Number of tickets closed – 230 Enterprise GIS General: • Continued normalization of address database for Amanda by adding establishments and structures from a KIVA data pull • EGIS Intern working on updating Kent GeoPortal • Procurement of Mural software which allows staff to collaborate visually and problem-solve faster with an easy-to-use digital canvas. • Assisting with GIS needs for CMS refresh project • Rearchitected plan for GIS system citywide • Working with PW GIS on impervious surface workflow citywide • EGIS supporting Cityworks data streaming on devices Weekly Customer Service Requests: • Monthly GIS data update • Providing customer support to help staff connect to GIS data • Managing AutoCAD license requests • Managing ArcGIS Esri license requests • EGIS participating in citywide software implementations and providing GIS support. • Asif Ehsan joined the Law Department as a prosecutor on August 16. He comes to Kent from the St. Paul, MN City Attorney’s Office where he worked as a prosecutor for the past two years. Welcome Asif! • Prepared a notice denying the City business license and represented the City at the subsequent hearing before the hearing examiner for an illicit massage business on the West Hill that was engaging in unlawful activity, to include prostitution. The property owner failed to appear for the hearing and a default judgment was entered denying the City business license. Criminal charges have also been filed against the property owner. • Represented the City at its first hearing where a property owner failed to comply with the Rental Housing Inspection Program (RHIP) requirements. During the hearing, the property owner’s representative admitted fault and requested additional time to comply. The City agreed to an amended schedule for compliance and the hearing examiner suspended the monetary penalty pending compliance. IT LAW 5.B Packet Pg. 7 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 4 of 10 • Prepared and presented training to City staff on Council’s new boards and commissions ordinance. • Continue to work with Public Works staff on issues related to the remediation and mitigation of a wetland. • Research issues related to obtaining the property rights necessary for road projects. • Continued to assist the Clerk’s office with public records requests as needed, and Public Works, ECD, IT and Parks with a number of high priority contracts and development projects, including property rights and access issues involving Naden Avenue. • Assisted the Clerk’s Office in preparing the agenda for the City Council meetings and Committee of the Whole meetings. • Assisted the HR Department in a number of sensitive employment and labor related matters. Recreation and Cultural Services • Adaptive Recreation wrapped up a packed summer of programs including art, yoga, trail walking and softball. Staff had a busy day of registration for Adaptive fall programs on Wednesday, August 25. • Kent Parks, in partnership with the Kent School District, finished seven weeks of Blazer Bee Day Camp. Sixty campers each week enjoyed STEAM (science, technology, engineering, art, and math) activities, weekly visits from the Recreation and Nutrition Outreach program and some friendly competition with Lu, a state-of- the-art audio-visual system designed to transform school/camp environments into immersive learning spaces. Camp ended with a carnival that included a 28’ Velcro dart wall that campers kicked soccer balls into, a 30’ slide, dunk tank and of course some cotton candy. • The final week of summer concerts drew 150 to Morrill Meadows Park, despite very hot weather, for a performance by family favorite Eric Herman and the Puppy Dogs, and 500 to Lake Meridian Park for country band Santa Poco. • Total attendance for the 12 summer concerts (six Wednesday Picnic Performances for kids and six Thursdays at the Lake) was 5,550, up 25% from the last summer concert series in 2019. The series brought in $9,150 in sponsorships and grants, as well as $1,034 in individual donations (a nearly 400% increase from 2019!) • The 2021-2022 Spotlight Series brochure has been released and tickets are on sale now! In keeping with the policies of our host venues (Kent School District), we will require Spotlight Series audiences to wear masks indoors. We will also maintain social distancing between seating groups. Staff Changes - Hiring/Retirement/Recruitment/ Leaves/Promotions • Officer Tanvas separated from the department August 10. • Officer Birkhofer separated from the department August 30. Significant crime activities/arrests /investigations • On August 11, at 6:03 pm, two males were at Garrison Creek Park to meet someone to buy a car. While waiting, two subjects confronted them with handguns demanding money. The victims were shot, and the suspects fled. The victims were taken to Harborview in stable condition. Detectives are investigating. • On August 14, at 3:21 am, a masked male wearing all black walked into the Shell station at 25014 74 Ave. S. and pulled a pistol grip shotgun from his pants pointing it at the clerks. One of the clerks ran from the store into the street and was pursued by the suspect who fired one round at the clerk. The suspect then returned to the store to collect the money and then fled on foot from the location. A K9 track was attempted without success. Neither clerk was injured. • On August 15, at 2:40 am, patrol units were dispatched to a car vs. pedestrian in the 600 block of W. Smith St. A 58-year- old male was riding his bicycle on Smith St PARKS, RECREATION, AND COMMUNITY SERVICES POLICE 5.B Packet Pg. 8 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 5 of 10 when a black SUV type vehicle traveling in the same direction hit him and did not stop. The male was in critical condition with leg and head injuries. Kent Fire and Medic- 1 treated the male but, unfortunately, he died from his injuries. • On August 15, at 10:04 am officers responded to a burglary. It was being reported that a suspect was breaking into a unit at Alderbrooke Apartments while holding a knife. Officers entered the unit and attempted to communicate & de- escalate with the suspect who was hiding in the apartment. Ultimately, with on-duty SWAT beginning to arrive, officers were able to talk the suspect out of the apartment where he was taken into custody without incident. • On August 15, at 3:57 pm, patrol units were dispatched to the report of three suspects "playing with guns" at the Boulevard Apartments. Officers located an associated vehicle which was stolen in an armed carjacking from the City of Renton. Spike strips were unable to be set up due to the new laws. As the vehicle traveled eastbound on S 274 St - a traffic stop was initiated and almost immediately terminated as the vehicle rapidly accelerated away from officers. Without officers pursuing, the vehicle caused a collision around the intersection of S Star Lake Rd and S 277 St. The driver fled and a perimeter was established. A K9 track was beginning when the suspect emerged from the woods. He was taken into custody without incident. • On August 15, at 2:19 pm, KPD attempted a traffic stop on a vehicle which failed to stop. The suspect vehicle began to travel at excessive speeds. The suspect vehicle elected to turn around on the corridor and travel eastbound in the westbound lanes. The Officer remained calm and continued to relay his observations and did not fall into the trap of chasing the suspect vehicle. • On August 17 at 12:45 am several officers were at Sub-Station 74 when a white car slowed in the roadway in front of the fire bays and fired three rounds before driving away. No bullet impacts were located on the building. • On August 22, at 12:27 am, officers were dispatched to a shooting in the 24800 block of 128 PL SE. A 17-year-old male had been shot and was transported to Harborview in critical but stable condition. Officers learned that about an hour prior there was a fight at the residence. • On August 22, at 1:33 am, officers were dispatched to a commercial alarm at Burger King, 22442 84 AVE S. The front door was smashed in and there was damage to registers inside. The suspect was located next door at the Shell Station and confessed to the burglary as well as two burglaries nearby. While the suspect was being searched, he ran away while handcuffed. The suspect ran towards the off ramp to Hwy 167/84 AVE S and into the barbwire fence. His right leg became tangled in the wire throwing him face down to the ground. The male was transported to Valley Medical and later booked into King County Jail on three counts of burglary and escape charges. After this case posted it was discovered this male was the same suspect for other burglaries the previous day. • On August 22, at 3:53 am, officers were dispatched to Riverwood Apartments for a sexual assault. The female and the suspect were having drinks together and the suspect offered to give her a ride home. He stopped by his apartment. Once inside the apartment, the male grabbed her by the hair and threw her down on the living room floor causing injuries to her knees and breaking off several of her fingernails. He proceeded to bite her (leaving visible bite marks on her arm) and rape her. A second male, who was inside the apartment attempted to intervene, and the female was able to exit the apartment. The victim was transported to Valley Medical Center for a sexual assault kit. Multiple attempts were made to contact the male without success. On August 25, a search warrant was executed at the apartment and the suspect was arrested. • On August 23, at 3:56 pm officers were dispatched to a suicidal subject who was in possession of a sawed-off shotgun. Two children were inside and knowing how 5.B Packet Pg. 9 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 6 of 10 delicate the situation could be, officers surrounded the complex and the suspect exited the apartment with the assistance of an Auburn Police Department Negotiator. The suspect was served with a temporary protection order and arrested for felony harassment. The children were brought safely to their mom. • On August 25, at 7:05 pm A Domino’s Pizza driver delivered a pizza to Island Park Apartments and was walking back to his car. Two males assaulted him, knocking him to the ground. They went through his pockets and stole his car keys, with one subject driving off in his car. The second suspect fled on foot. The car has since been recovered and is being processed by detectives. • On August 26, at 1:40 am, officers responded to a stabbing at Phoenix Court Apartments. The suspect demanded the victim’s phone and a fight started when he would not give it up. The suspect stabbed the victim in the hand. The victim retained his phone. The suspect ran off. The victim was taken to Valley Medical Center. Detectives are investigating. • On August 27, at 10:02 am a burglary was reported at the Bartell’s located at 12946 Kent Kangley Rd. where access was gained by prying open the roof hatch. Later there was another attempted burglary reported at Trader Joe's where the roof hatch was pried, but the suspects were unable to get it open. • On August 29, at 11:43 pm, a male assaulted his pregnant wife then starts breaking items inside their apartment. The suspect nailed the front door shut from the inside so the female could not leave. The suspect then jumped over the balcony and fled on foot. The male was taken into custody. The suspect also had a $300,000 warrant out of California for robbery and another order violation warrant. Other • On August 20, Gurkeerat Kainth (Gary) pled to Murder in the 1st degree of Jered Sperling. The incident occurred on 4/15/19 when Jered briefly parked his truck in front of the storage facility at 10625 SE 240th St. Gary, who was walking by, hopped in the truck and drove off. Upon observing the theft of his vehicle, Jered ran to the truck and attempted to stop Gary. Jered clung to the side of the truck bed as Gary drove off. He eventually was able to get into the bed of the truck as Gary continued to flee eastbound. The truck was not located until the following day at the Cascade Apartments. Jered was found deceased in the bed with a gunshot wound. Gary was arrested that night at an apartment in Valli Kee. During the interview, Gary eventually told Detectives that while driving the truck on SE 240th St, near the skate park, he shot Jered. Gary was sentenced to just over 31 years in prison. The Sperling family wanted to convey that they were very grateful for the Kent Police and our actions that terrible day. Land Survey/PW GIS • Land Survey field staff completed design topography mapping for the 224th St. Corridor Phase 1 Bridge Pier, Green River Hydrographical data points of the riverbed between Signature Point and Meeker St. bridge and Downey Farmstead project as constructed topography mapping. Staff also completed staking on active capital improvement projects as requested. Land Survey office staff completed writing legal descriptions for Right of Way (ROW) dedications and ROW calculations for city CIP (Capital Improvement Projects) plans, drafted records of survey and legal exhibits and completed data migration from SharePoint into a web-based platform. • Public Works GIS staff have performed data editing and maintenance as required. Staff have also completed Public Records Requests, entered infrastructure utility project as-builts and updated the Public Works Operations project tracking map interface. The PW GIS Supervisor updated map generation and workflow definitions for the Cityworks Sustainment Phase in Public Works Operations. Staff collaborated with GIS Enterprise on process and server improvements for collector, map PUBLIC WORKS 5.B Packet Pg. 10 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 7 of 10 generation applications and the GIS/WebPortal services. Design • S 212th Street/Garrison Creek Culvert Repair: contractor proposals for grout repair and patch lining for damaged culvert has been routed for approvals. HPA maintenance permit requires work to be completed by September 15. • Skyline Sanitary Sewer: project advertised August 10. Bids were opened August 24. Apparent low bidder is Northwest Cascade, Inc. with a bid of $515,218.46. Engineer’s estimate is $533,985. • East Valley Highway Slump: continuing negotiating with King County Wastewater Treatment Division (KC WTD) on an interlocal agreement. Sent comments on agreement on August 12. Continuing to work with them on finalizing agreement. Draft plans and estimate complete and sent revised items to KC WTD on August 12, waiting on their response. • 76th Ave North: 60% design review distributed September 3 for a 2–3-week review. Design team continues working with private utility companies for potholing and determining if relocations are necessary. • 212th Overlay – Orillia Road/City Limits to Green River Bridge: survey provided legal on easements. Right-of-Way (ROW) maps prepared and sent to ROW group. Working with King County Roads on a reimbursement agreement. • Mill Creek at 76th Ave flood protection improvements: working with Right of Way team to acquire remaining construction easements. Additional design work is necessary to support negotiations. Design team continues working with utility companies for potholing and determining which relocations are necessary. PSE power and gas will need to relocate prior to construction and are working on their designs. 60% design review scheduled to be distributed late September/early October. • 81st pumpstation and force main: meeting with Ops to determine footprint of pumpstation and to prepare Right of Way estimate. • EVH 212th to 196th overlay: 60% design comments in review and to be incorporated. Site meeting scheduled for early September with Operations to evaluate needs at EVH and 212th intersection. • GRNRA North stormwater pump station: working with local pump station sales representative for rental options at existing outlet channel for the upcoming wet season. Additional improvements to existing outlet pump include installation of flap gates, and electrical upgrades to increase capacity of outlet pump. Consultant moving forward with new pump station designs. Construction • James Street and 2nd Avenue pedestrian crossing: pedestrian safety island work is complete. The crossing is now active and open for use, and the final walk-thru is being scheduled. • West Hill Reservoir: floor steel delivered Monday August 30 wall steel will follow. Welding the floor together and annular ring commenced 8/30. 38th Ave S is closed between S 248th St and S 247th St for the duration of the project. Pedestrian access through this closure will be maintained. • 2021 asphalt overlays: paving schedule for week of 9/7 in Seven Oaks and Chestnut Ridge, with spot placement of interlay fabric. Lk Fenwick Rd was chip sealed 8/28 over an area 18,500 SY with 4,000-gal asphalt emulsion. 5.B Packet Pg. 11 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 8 of 10 • Mill Creek Culvert Cleaning: below photo is at James St. prior to final completion. Moving to 212th culvert Wednesday 9/1/2021. Environmental • Mini recycle events - the third of four consecutive mini recycling events was on Friday, August 27 at Kent United Methodist Church. Residents brought documents for shredding, textiles, electronics, batteries and mattresses to recycle. The fourth and final event took place on the West Hill at Glenn Nelson Park on Friday, September 3. This was a free event and ran from 1-4 p.m. • Adoption of revised City of Kent Stormwater Code (7.05 & 7.07) - Kent City Code 7.05 draft ordinance is prepared. The SEPA application has been submitted to the Permit Center. The intake meeting with a permit tech is scheduled for 9/7 and SEPA review should take place shortly after. Submittal of the expedited 14-day review period to the Department of Commerce (DOC) will occur once the SEPA Review process begins. SEPA and DOC review will be complete prior to taking this adoption to committee and council. • Reserve Silica Reclamation Remedial Investigation/Feasibility Study (RI/FS) - staff is responding to the recently issued Reserve Silica Reclamation RI/FS, a known contamination site within the Kent Springs water supply 5-year time-of-travel zone. The primary contaminant issue at the site is groundwater with high pH due to the presence of cement kiln dust (CKD) placed in mined-out portions of the property. Federal Way Link Extension • 30th Avenue South is closed just south of Kent Des Moines Road for the construction of a straddle bent to hold up the light rail guideway. This work is expected to be complete in late September. Upon completion, the remainder of Structure B will be ready to receive girders. • The utility duct bank at the Kent Des Moines Station is under construction. • Deck work on Structure B at Kent Des Moines Station is under construction. • The contractor is working on pouring the second level of the garage at Kent Des Moines Station. Weekly concrete pours are scheduled. • Wall construction for the guideways near the Midway Landfill has commenced. These walls will be visible from I-5. • The last portion of the project in Kent to be cleared between S. 259th Place and the Star Lake Station is currently taking place. • Guideway embankment near the Star Lake Station is underway. • Grading for the Star Lake station has been completed. • The Sound Transit stormwater pond at the Star Lake Station has been excavated. Walls for the pond will begin construction soon. • Significant utility work is underway in the Star Lake Station area including S. 272nd Street, 26th Ave S. and 28th Ave S. This includes water, sewer, drainage, power and communication. • Structure Z (guideway over S. 272nd Street) columns and capitals have been constructed. Transportation • Over the last three years, staff from Public Works Transportation Engineering and the Mayor’s Office have been supporting King County Metro on the Kent Industrial Valley Community Connections project. In 2016, the City of Kent applied to be a Community Connections project. The process began in 2018 with outreach and concluded in 2019. The Kent Community Connections stakeholders identified the following needs through the Community. • Based on feedback to Metro from the Kent Community Connections process, Metro will 5.B Packet Pg. 12 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 9 of 10 pilot Ride Pingo to Transit in Kent starting next month. Ride Pingo to Transit will be an on-demand, flexible shuttle service to better connect communities on the Kent East Hill, Downtown, and the Kent Industrial Valley to transit hubs located at Kent Station and on S 212th St near 59th Ave S (Amazon Fulfilment Center) and surrounding area job sites. Riders will use the “Ride Pingo” app using their smartphone or by calling a telephone number to schedule a ride. Upon boarding the shuttle, riders will have the option of using their normal Orca card or cash to pay for a ride like other transit options offered by King County Metro. • City staff have been working with Metro’s Ride Pingo to Transit team to plan the launch of this new service in Kent. This transit pilot will provide a critical first/last mile connection for Kent residents, employees, and visitors. This is great news for the City and the Commute Trip Reduction (CTR) Program as residents and employees working in the Kent Industrial Valley will have access to an on-demand flexible transit service option. Streets: • Street Maintenance performed hot patch inlays on S 266th St, S 228th St and S 271st Pl, hot patch repairs on SE 222nd Ct, Scenic Way and Van de Vanter, as well as prepped, poured, and backfilled sidewalk on 131st Ave SE. • Signs and Markings completed signs in school zones citywide, began to input signs into the new GIS program for retro reflectivity and installed signs and bases on SE 251st, 156th Ave SE and 2nd Ave S. • Solid Waste performed a large homeless encampment cleanup on 27th Ave S and removed debris and illegal signage on Pacific Highway. • Water Vegetation cleared debris at West Hill sites and mowed, line trimmed and picked up litter at Clark Springs, Pump Station 5, 212th Treatment Plant, 198th Pl SE water easement and the Ravensdale properties. • Street Vegetation mowed, line trimmed and removed litter on S 218th St and the West Valley Hwy, pulled weeds and picked up litter on traffic islands Citywide and watered street trees and beds. • The Sidearms mowed on 132nd Ave SE, SE 256th St, 124th Ave SE, S 259th St, Green River Rd, 135th Ave SE, Maple Ln, SE 208th St, Central Ave, upper Kent Springs and school zones along SE 248th St, 100th Ave SE and near Pine Tree Elementary. • Wetland Mitigation line trimmed and removed weeds at the KOA site, the Lake Meridian outlet channel and Leber and performed GRNRA nursery work. • Wetland Maintenance removed loosestrife from the GRNRA on 64th Ave S and mowed and line trimmed the Frager Berm on Frager Rd, Maplewood Grove on 108th Ave SE, Redondo on 27th Ave S, Signal Electric on 3rd Ave S, 72nd Ave diversion channel on 68th Ave S, ShoWare Center on 4th Ave N, Horseshoe Bend on 80th Ave S, as well as performed site prep and mowing on the Green River road property. • Holding Pond crew mowed and line trimmed at Alvin’s Pond on 108th Ave SE, Winsberg Haven on SE 237th Pl, Hutchison Landing on 105th Ave SE, Benchmark on 105th Ave SE, Andrews Landing on 120th Ave SE, Erin Glade on SE 274th Way, the 277th Corridor, Brossard on 124th Ave SE, Matheson Park Tract C at SE 224th St, Kentara on 105th Ave SE, Shamrock at SE 237th Pl, the Wendy’s ditch on Kennebeck Ave N, Springwood Park on 132nd Ave SE, Cantera Tract C on 124th Ave SE, Gages Grove Tract A on SE 240th St and Tract B on 126th Ave SE, Schuver Estates on 116th Ave SE, LID 353 on Military Rd S, Cambridge on 46th Ave S, Kentwood Glen on 45th Ave S, Muth on S 212th St, Terra Heights on 116th Ave SE, Sheets Pond on SE 240th St, Meridian Glen on SE 240th St, Glen Kara on S 222nd St, Morford Glen on S 216th Pl, Estes on S 222nd St, Falkner on 92nd Ave S, Kara Crest/Cofield on 100th Ave S, Maple Wylde on 116th Ave SE, Dover Place on SE 227th St, Benson state pond on 104th Ave SE, Beast Holler on 84th Ave S, Kentview Estates on E James St, Wildberry on 94th Ct S, Swan Vista on 98th Ave S, Tomlinson Plat on 100th Ave S, Stonewood on 96th Ave S, Morgan’s Place on 98th Ave S, Haupt on 94th Ave S, Forest Meadows on 5.B Packet Pg. 13 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 10 of 10 SE 218th Pl and Country Club N Div 2 bioswale on 140th Ave SE. Water: • Staff installed 435-feet of 8-inch water main on 5th Ave S. at Rachel Pl and repaired/replaced four fire hydrants that were recently hit by vehicles. Lead & Copper water sampling were completed throughout the water distribution system and delivered to our water laboratory for analysis. These samples are collected every three-years. Staff began using a new data management software called WaterTrax for water quality and water production data collection. They will be working with the system to develop our first Department of Health monthly report. Storm/Sewer: • Storm performed cleaning at the Senior Center and 91st Pl S culverts, pond maintenance at 108th Ave SE, storm line cleaning on SE 256th St and SE 263rd St for the 2022 overlays as well as National Pollutant Discharge Elimination System (NPDES) assessing on SE 276th St, SE 277th Pl, SE 266th St and SE 272nd St and NPDES pumping on 152nd Ave SE, 144th Ave SE and SE 278th Pl and installed a tideFlex check valve at the Green River outfall off Russell Rd • Sewer crews installed a plug valve at Mill Creek Pump Station, performed a manhole installation on 88th, potholed sewer lines on N State St and for existing sewer on Washington Ave S and for utilities on 76th Ave S, performed yearly station alarm checks, graded the Lindental easement road, completed PS upgrades and station pressure washing at Lindental, TV’d for existing sewer and storm on Central Ave and S 251st St, TV’d for 2022 overlays on 112th Ave SE and on SE 256th St, cleaned existing sewer on S 251st St and 43rd Ave S, manhole checks and flush on the East Hill and worked on installing a manhole access road on Frager Rd S. Fleet/Warehouse: • The Warehouse crew continued to assist with CDL training and perform forklift trainings, maintained the shops yard, keeping it clean and free of litter and debris, cleaned and maintained the wash rack, washed and vacuumed motor pool vehicles, issued personal protection equipment (PPE’s) and motor pool vehicles to staff and hydrant meters and public notice boards to contractors, repaired small equipment as needed, received parts and inventory orders, continued to manually open and close the broken East Gate daily as well as set out and remove the Type 3 barricades in the employee back lot at the beginning and close of the work day. • Fleet crews worked on scheduled and non- scheduled maintenance, new vehicle set ups which include the traffic van, repaired mowing equipment, performed the annual lift inspection, and prepared for the next vehicle auction as well as worked weekly City Space write ups. The Radio Shop performed regular radio maintenance and new vehicle set up. ### 5.B Packet Pg. 14 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Pending Approval City Council Workshop Workshop Regular Meeting Minutes August 17, 2021 Date: August 17, 2021 Time: 5:00 p.m. Place: Chambers I. CALL TO ORDER Councilmember Bill Boyce called the meeting to order. Attendee Name Title Status Arrived Toni Troutner Council President Excused Bill Boyce Councilmember Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Zandria Michaud Councilmember Excused Les Thomas Councilmember Present Dana Ralph Mayor Present II. PRESENTATIONS 1 Water System Update Sean Bauer 45 MIN. Water Systems Manager, Sean Bauer presented the Water System Update. Bauer advised water sources remain strong and provided details on the Tacoma Green River and Kent Springs filtration facilities. The 2021 Statewide drought declaration authorized emergency withdrawals, emergency water right transfers and emergency grants and loans. The demand on the water system started with average demand and quickly increased to up to 12 million gallons per day. The Howard Hanson Dam additional water storage project continues moving forward. Bauer advised of the recent Department of Health sanitary survey of the water treatment plan, reservoir, and pump stations. The overall inspection report was positive. Bauer detailed the recommendations and the department’s work on implementing those recommendations. The 2020 Water Quality Report completed earlier this summer and is available online. Bauer talked about the recent chlorine supply storage during 2021 and 8.A.1 Packet Pg. 15 Minutes Acceptance: Minutes of Aug 17, 2021 5:00 PM (Approval of Minutes) City Council Workshop Workshop Regular Meeting Minutes August 17, 2021 Kent, Washington Page 2 of 6 indicated the City was not impacted, but it prompt the department to make long-range plans. Bauer discussed the Lead and Copper rule with long-term revisions effective 12/16/21. Bauer reviewed Polyfluoroalkyl substances and the work the state is doing towards rulemaking for the maximum contaminate levels allowed. Kent tested in 2013 & 2014 and none were detected. Bauer reviewed the work at the Landsburg Mine and advised that water quality staff continue to monitor water quality - no contamination has been detected. Bauer reviewed required projects completed since last year's update and advised of new projects. 2 Kent Senior Center Needs Assessment Julie Parascondola BERK Consulting 45 MIN. Parks Director, Julie Parascondola introduced the Senior Services Needs Assessment project to the Council. Parascondola advised of the Kent Park Department’s delivery of senior programming for over 55 years, the average number of drop-ins and the 2019 new funding from the King County Seniors, Veterans and Human Services levy to expand programming and engagement. The 2020-2028 Recreation Program Plan is now complete, providing a strong foundation, broad community needs and best practices framework and levy funding allowed an opportunity for us to take a deeper diver into this specific demographic area. Guiding Strategies include: · Senior programming and healthy aging are a core program area for Kent Parks and aligns with the department’s top community outcome areas. · Senior programming and healthy aging also supports and aligns with the City’s strategic goal of having a thriving city and inclusive community. · Senior programming and healthy aging are also addressed in the City’s 2020-2025 Human Services Strategic Plan with the goal of “Older adults thrive in the community as they age.” · Programming and other best practices will be completed in alignment with the 2020-2028 Recreation Program Plan. Parascondola advised that a Needs Assessment: · Identifies needs and issues 8.A.1 Packet Pg. 16 Minutes Acceptance: Minutes of Aug 17, 2021 5:00 PM (Approval of Minutes) City Council Workshop Workshop Regular Meeting Minutes August 17, 2021 Kent, Washington Page 3 of 6 · Identifies baseline situation and gaps in service · Validates current programs and services · It is NOT a business or strategic plan The reasons for conducting a Needs Assessment for Kent Senior Services: · Provide a common baseline of knowledge · Identify community priorities · Work with different cultural and BIPIC groups to identify barriers to engagement · Help identify key areas to invest in or re-purpose/shift services and programs with the most benefits to the community · Align other city policies with community needs · Help in determining the City's primary role vs. support role This needs assessment focused on the Kent Senior Center registered offerings. The Kent Senior Center is a regional hub and serves more than just the City of Kent. 2020 Census data was not available at the time of the study. People from outside of Kent come to the Center to participate in registered programs. More Kent residents take advantage of drop in services. Allegra Calder from BERK Consulting reviewed the older adult and seniors forecast and advised it’s important to look at both the current senior population 65+, as well as older adults who will become seniors in the coming years. Kent's older adult population is more racially diverse than the senior population. 96% of older adults age 55-64 in Kent have internet access at home compared to 86% of those 65 and older. Calder reviewed how the needs assessment was conducted. · Surveyed community profile · Provider and non-profit interview · Community survey results · Community engagement Calder advised the City is faced with limited resources and a growing demand in the community for services. There was discussion on to best serve the community and what is the City's role. Chloe Kinsey of BERK Consulting discussed areas of need: · Community and inclusion · Health and wellness · Nutrition and food security · Supportive services 8.A.1 Packet Pg. 17 Minutes Acceptance: Minutes of Aug 17, 2021 5:00 PM (Approval of Minutes) City Council Workshop Workshop Regular Meeting Minutes August 17, 2021 Kent, Washington Page 4 of 6 · Transportation Kinsey reviewed potential strategies to address community and inclusion needs. There are opportunities to better serve older adults and seniors of different races, genders and cultures, in addition to serving older adults and seniors who work, volunteer or have other obligations. Potential strategies were based on input from community members, providers in the community. Additional, General Survey Findings include: · Travel and fitness rated as the highest interest · Social programs: education, arts and crafts and volunteer opportunities · Respondents rated Kent Senior Center staff very highly and also the maintenance, cleanliness and cultural competency. Parascondola advised of the current engagement tools, including: · Recreation program guide · Senior center newsletter · Recreation newsletter · City website and Kent Parks pages · Social media · On site signage · Three Kent Parks Commissions · Kent Senior Activity Center Advisory Committee · Wellness calls and check-ins Some considerations/challenges to implementation include: · Budgetary impacts to meeting community needs · Increasing Open Hours · Challenge of inclusively vs. niche or culturally-specific programming · Staying true to best practices Next steps: · Finalize the report - will present to the Parks and Human Services Committee prior to the year end and provide a full report to the Council · Begin diving in for the 2023-2024 budget for new proposals · Started working with community-based organizations to bring more services to the Center · Understanding better marketing for other programs · Budgetary needs · Launch of the new "My Senior Center" software that tracks drop in use, allows customized community and registration by user, tracks volunteer hours and more. · Create specific action strategies to address gaps and needs Councilmember Boyce expressed appreciation of the work of the Parks staff 8.A.1 Packet Pg. 18 Minutes Acceptance: Minutes of Aug 17, 2021 5:00 PM (Approval of Minutes) City Council Workshop Workshop Regular Meeting Minutes August 17, 2021 Kent, Washington Page 5 of 6 and BERK Consulting. Parascondola advised the additional levy funding received pre-pandemic that were intended to expand services to BIPOC, LGBTQI senior communities. COVID hit and the City needed to reduce staffing Cindy Robinson advised the Kent Senior Center switched focused of staff and focused on outreach and advised they are working to ensure they were meeting obligations of the levy funding. Parascondola provided a response to Councilmember Larimer’s question about translation. Parascondola advised they will learn more with the Race and Equity plan, but indicated it is not possible to translate the entire guide. Robinson advised there are a lot of volunteers and participates that assist with direct translation. Parascondola advised of the recent survey for the Greater Kent Historical Society that was translated in 108 languages. The survey did not draw more respondents. Councilmember Fincher suggested using culturally representative photos and images in the Guide. Cindy Robinson, Senior Center Manager provided details on the outreach to the senior apartments where staff interacts with residents. There was excitement and a great opportunity for social interaction. Robinson responded to Councilmember Boyce's question of if the City looked at other local senior centers to compare services and advised that residents from other cities come to Kent for services. The lunch program draws many visitors from outside the City. Trips and programs are also a big draw. Robinson advised she serves as the treasurer on the Board of Directors for Washington State Senior Centers. There is a very active network of providers in South King County. There is a VSHS levy funding group that funded cultural groups. The Center is building back to in person services, but will continue offering virtual programs. Parascondola reiterated that public recreation serves a social service need. Boyce suggested looking for ways to continue to improve and enhance current programs. Parascondola indicated Kent should be proud of the Kent Senior Center. 8.A.1 Packet Pg. 19 Minutes Acceptance: Minutes of Aug 17, 2021 5:00 PM (Approval of Minutes) City Council Workshop Workshop Regular Meeting Minutes August 17, 2021 Kent, Washington Page 6 of 6 Mayor Ralph expressed appreciation of Parascondola, Robinson and the team. COVID impacted seniors and Senior Activity Center first. Staff pivoted immediately to keep residents engaged by providing virtual and drive through events, keeping residents engaged to improve mental health. Kaur suggested going out to the community to connect - meet seniors where they are at and suggested partnering with CBOs to support our residents from BIPOC communities. Meeting ended at 6:31 p.m. Kimberley A. Komoto City Clerk 8.A.1 Packet Pg. 20 Minutes Acceptance: Minutes of Aug 17, 2021 5:00 PM (Approval of Minutes) Pending Approval Kent City Council City Council Regular Meeting Minutes August 17, 2021 Date: August 17, 2021 Time: 7:05 p.m. Place: Chambers 1. CALL TO ORDER/FLAG SALUTE Mayor Ralph called the meeting to order. 2. ROLL CALL Attendee Name Title Status Arrived Bill Boyce Councilmember Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Les Thomas Councilmember Present Dana Ralph Mayor Present Toni Troutner Council President Excused Zandria Michaud Councilmember Excused 3. AGENDA APPROVAL A. I move to approve the agenda as presented RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Councilmember SECONDER: Les Thomas, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Thomas 4. PUBLIC COMMUNICATIONS A. Public Recognition 1. Appointment to the Kent Arts Commission Mayor Ralph requested the Council confirm the appointment of Robert Howell to the Kent Arts Commission. 2. Proclamation for Diaper Need Awareness Week Mayor Ralph presented the Proclamation for Diaper Need Awareness Week. Becky Schroeder, Director of Programs at West Side Baby and Jack Edgerton, Executive Director of East Side Baby Corner accepted the proclamation and expressed appreciation for the proclamation and for the City's acknowledgement of the diaper needs in South King County. 8.A.2 Packet Pg. 21 Minutes Acceptance: Minutes of Aug 17, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes August 17, 2021 Kent, Washington Page 2 of 7 B. Community Events Mayor Ralph invited the public to attend the “Cruizin’ Kent Car Show” at the Kent Station on August 22nd from 11-2 p.m. Proceeds will go to the American Cancer Society. Councilmember Kaur announced the 2021 Summer Garden Celebration at Paradise Parking Plots Community Garden on August 18th from 5-8 p.m. i. Kent International Festival Presentation Nancy Skipton, Executive Director of the Kent International Festival on September 18th from 10 a.m. - 3 p.m. outdoors at Morrill Meadows Park. The mission is “The Kent International Festival is a celebration of the cultural diversity represented in the greater Kent community. We believe that, through coming together and celebrating our various heritages with respect and understanding, we build a stronger and wider sense of community that is inclusive to all. C. Public Safety Report Police Chief Rafael Padilla presented his public safety reports as follows: Chief Padilla presented Officer Ian Lentz with the Lifesaving Award and advised Officer Lentz is being commended for his quick response to a medical emergency and his decisive actions to save a life. His actions embody the department’s values of service and professionalism. Chief Padilla presented Cindie Hollis with the Chief’s Award for Citizen Commendation and advised she is being commended for her leadership and dedication towards enhancing police/community relationships and ensuring that Kent Police Department officers are supported and cared for. Chief Padilla presented Pastor Raynard Sands and Tracy Sands with the Chief’s Award for Citizen Commendation and advised they are being commended for their leadership and dedication towards enhancing police/community relationships and ensuring that Kent Police Department officers are supported and cared for. Mayor Ralph expressed her appreciation of their leadership and support of the police department. Chief Padilla provided details on the recent “Cones with Cops” events and talked about the recent community celebration - “Bringing Ministry to the Community” hosted by the Redeemed by the Blood Church of God in Christ that was held at the Groves Apartments on August 15th. Chief Padilla indicated he has partnered with Pastor Bloes to do a series of community walks. 8.A.2 Packet Pg. 22 Minutes Acceptance: Minutes of Aug 17, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes August 17, 2021 Kent, Washington Page 3 of 7 Mayor Ralph and Chief Padilla hosted "It's the Law - Police Legislation Update" on August 16th at the Kent Senior Center where there were honest and difficult conversations and indicated it was a good opportunity to be transparent and accountable. Chief Padilla thanked everyone that organized and participated in this year’s National Night Out, including Community Education Officer Andrew Kelso and Community Education Coordinators Stacy Judd and Sara Wood. Chief Padilla invited the public to sign up and participate in the Community Police Academy that will be held in person October 6th through December 8th from 6:30 -9 p.m. Registration coming soon. 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report Mayor Ralph provided a recap of the recent WRIA 9 meeting that included discussion on the establishment of the Duwamish Basin Stewardship that will help with salmon recovery projects and community outreach. Mayor Ralph serves as the Vice Chair of the King County Flood Control Advisory Board that recently held their final meeting. The Board has completed their work by preparing a Letter of Recommendation and guidance to the KCFCD on the proposed budget. B. Chief Administrative Officer's Report Chief Administrative Officer, Derek Matheson advised of the current budget process. Departments have submitted their mid biennium budget requests in addition to ARPA fund requests. Department heads will present their requests during a special retreat of the Executive Leadership Team on August 18th and then the Finance Department and Mayor's Office will make decisions that will culminate in the Mayor's proposed budget that will be presented to Council in September. The Executive Leadership Team is working through performance measures and plans on presenting 30 draft measures at an upcoming City Council workshop later in September. Matheson advised his written report is in today's agenda packet and there is no executive session. C. Councilmembers' Reports Councilmember Boyce provided a review of the two workshop presentations from tonight that included a Water System Update and the Kent Senior 8.A.2 Packet Pg. 23 Minutes Acceptance: Minutes of Aug 17, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes August 17, 2021 Kent, Washington Page 4 of 7 Activity Center Needs Assessment. Councilmember Larimer serves on the Affordable Housing Committee that met in July and received updates and briefings from staff on the workplan. The Committee also received a report from Bellwether Housing on what affordable housing developers are looking for to build in communities. Councilmember Fincher announced the Kent Creates current contest is "Free to Roam” and the deadline for submissions is the end of September. Councilmember Fincher serves on the King Conservation District Advisory Committee and announced Rosa Mendez is the new Executive Director 6. PUBLIC HEARING None. 7. PUBLIC COMMENT Karey Wise, a Kent resident provided public comment regarding the construction conditions at the Star Lake Totem construction project. Mike Scuderi, a Kent resident and President of the Cambridge Neighborhood Council expressed concerns with the reduction in width of the intersection at South 270th Street and 40th Avenue South. Mayor Ralph advised the City has required the contractor stop construction, go back for new design to address issues, once the City receives the design it will make sure the neighborhood has an opportunity to provide comments. 8. CONSENT CALENDAR I move to approve consent items A - O. RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Councilmember SECONDER: Les Thomas, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Thomas A. Payment of Bills - Authorize MOTION: I move to authorize the payment of bills received through 7/31/21 and paid on 7/31/21 and approve the checks issued for payroll 7/1/21-7/15/21 and paid on 7/20/21. 8.A.2 Packet Pg. 24 Minutes Acceptance: Minutes of Aug 17, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes August 17, 2021 Kent, Washington Page 5 of 7 B. Approval of Minutes 1. City Council Meeting - City Council Regular Meeting - Aug 3, 2021 5:00 PM 2. Committee of the Whole - Committee of the Whole - Regular Meeting - Aug 10, 2021 4:00 PM C. Excused Absence for Council President Troutner - Approve MOTION: I move to approve an excused absence for Council President Troutner for the Council meeting of August 17, 2021. D. Excused Absence for Councilmember Michaud - Approve MOTION: I move to approve an excused absence for Councilmember Michaud for the Council meeting of August 17, 2021. E. Ordinance Amending Kent City Code Chapters 6.15, 6.16, and 15.08 RE: Wireless Facilities - Adopt MOTION: I move to adopt Ordinance No 4409, amending chapter 6.16 of the Kent City Code to update the design standards for small wireless facilities, and to update definitions and references within Kent City Code 6.15.050 and 15.08.035 related to wireless facilities. F. Kent School District Police Services Agreements - Authorize MOTION: I move to authorize the Mayor to sign the Police Services Agreement and School Resource Officer Agreement between the Kent Police Department and the Kent School District for the 2020-2021 and 2021-2022 school years to provide a school safety liaison and two school resource officers, subject to final contract terms and conditions acceptable to the Police Chief and City Attorney. G. Consolidating Budget Adjustment Ordinance for Adjustments between April 1, 2021 and June 30, 2021 - Adopt MOTION: I move to adopt Ordinance No. 4411 consolidating budget adjustments made between April 1, 2021 and June 30, 2021, reflecting an overall budget increase of $23,845,656. H. U.S. Small Business Administration Shuttered Venue Operators Grant for ShoWare – Ratify 8.A.2 Packet Pg. 25 Minutes Acceptance: Minutes of Aug 17, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes August 17, 2021 Kent, Washington Page 6 of 7 MOTION: I move to ratify the Mayor’s execution of the Notice of Award for the Shuttered Venue Operators Grant, authorize the Mayor to accept funds from the U.S. Small Business Administration in the amount of $3,050,440.65 for COVID-19 emergency assistance for the accesso ShoWare Center, and to authorize the Mayor to take all other acts necessary to allow the City to obtain the grant funds. I. Purchase Agreement with CDW Government, LLC for Technology Equipment - Authorize MOTION: I move to authorize the IT Director to purchase software through the cooperative purchasing agreement the state Department of Enterprise Services has with CDW Government, LLC, if those purchases are within the City’s established budgets and made during the term of the state contract, which is in effect through January 7, 2022, or any later contract extension the state may authorize, subject to final terms and conditions acceptable to the IT Director and City Attorney. J. Goods and Services Agreement with TriVan Truck Body, LLC for Customization of Evidence Van - Authorize MOTION: I move to authorize the Mayor to sign a Consultant Services Agreement with TriVan Truck Body, LLC, in an amount not to exceed $108,553.04, to complete the upfitting of the new Kent Police Evidence Van, subject to final terms and conditions acceptable to the Police Chief and the City Attorney. K. Resolution Ratifying the WRIA 9 Salmon Habitat Plan - Adopt MOTION: I move to adopt Resolution No. 2030, ratifying the Green/Duwamish and Central Puget Sound Watershed, Water Resource Inventory Area (WRIA) 9, 2021 update to the Salmon Habitat Plan, “Making our Watershed Fit for a King”. L. Pedestrian and Bicycle Safety Program State Funding - Authorize MOTION: I move to authorize the Mayor to accept state funds in the amount of $1,163,588 for the four rectangular rapid flashing beacons project and authorize amending the budget, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. M. Meeker Street Bridge Deck - Accept Grant Funds - Authorize MOTION: I move to authorize the Mayor to accept federal funds in the amount of $1,484,320 for the Green River Bridge Deck Repair project and authorize amending the budget. 8.A.2 Packet Pg. 26 Minutes Acceptance: Minutes of Aug 17, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes August 17, 2021 Kent, Washington Page 7 of 7 N. Meeker Street Bridge Painting - Accept Grant Funds - Authorize MOTION: I move to authorize the Mayor to accept federal funds in the amount of $3,000,000 for the Green River Bridge Paint project and authorize amending the budget. O. Appointment to the Kent Arts Commission - Confirm MOTION: I move to confirm the Mayor’s appointment of Robert Howell to the Kent Arts Commission to serve the term remaining term vacated by Sherelle Owens that expires on June 3, 2025. 9. OTHER BUSINESS None. 10. BIDS None. 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION None. 12. ADJOURNMENT Mayor Ralph adjourned the meeting. Meeting ended at 8:08 p.m. Kimberley A. Komoto City Clerk 8.A.2 Packet Pg. 27 Minutes Acceptance: Minutes of Aug 17, 2021 7:00 PM (Approval of Minutes) Pending Approval Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes August 24, 2021 Date: August 24, 2021 Time: 4:00 p.m. Place: Chambers 1. CALL TO ORDER Council President Troutner called the meeting to order and announced today is the last Committee of the Whole Meeting before moving back to the committee structure. The committees are as follows, including their meeting date and time: • Economic and Community Development Committee will meet the second Monday of each month at 4 p.m. • Parks and Human Services Committee will meet the first Thursday of each month at 4 p.m. The first meeting will be held in October. • Operations and Public Safety Committee will meet the first and third Tuesday of each month at 4 p.m. • Public Works Committee will meet the first and third Monday of each month at 4 p.m. 2. ROLL CALL Attendee Name Title Status Arrived Toni Troutner Council President Present Bill Boyce Councilmember Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Zandria Michaud Councilmember Excused Les Thomas Councilmember Present 3. AGENDA APPROVAL No changes were made to the agenda. 4. DEPARTMENT PRESENTATIONS A. Payment of Bills - Authorize MOTION: I move to authorize the payment of bills. 8.A.3 Packet Pg. 28 Minutes Acceptance: Minutes of Aug 24, 2021 4:00 PM (Approval of Minutes) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes August 24, 2021 Kent, Washington Page 2 of 11 RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 9/7/2021 7:00 PM B. Authorize the Use of accessoShoWare Center Operating Fund Balance for Capital Repair and Replacement - Authorize Finance Director, Paula Painter provided an introduction of the use of accesso ShoWare Center operating fund balance for capital repair and replacement. Painter advised she previously brought to Council a request to use $300K of accesso ShoWare Center operating fund balance. Admission tax for the Thunderbirds and accesso ShoWare Center is held in the fund that currently has a balance of nearly $3M (includes approximately $545 CARES funds). There is $2.4M available. Painter has worked with General Manager for the accesso ShoWare Center, Tim Higgins on formulating a five-year Capital Plan. Higgins walked through the entire plan for capital improvement projects through 2025 that include: • Scoreboard - $184,575 • Arc Flash Test - $50,000 • Administration Carpet - $52,500 • Transformer for show power - $49,350 • Chain Motors - $31,500 • Ice Deck Covering - $241,500 • Concession Stand Rebrand - $183,750 • Marquee - $173,250 • Basketball Court restoration - $38,850 • New building for storage - $131,250 • Gate and fence repair - $65,100 • Kitchen/Concession equipment - over a 4-year period, expend $551,250 • Folding chairs and floor seating - $168,000 - annual investment through 2025. • Television units - $21,000 • Stage curtain and blackout curtains - $346,500 • Ribbon boards - $210,000 • Suite furniture - $46,200 (Half in 2024 and other half in 2025) • Heat Exchanger for the ice plant - $399,000 • Wi-Fi 2022 - No estimate - working with City IT to expand bandwidth and expanded access which is required for out new mobile ordering platform. Boyce suggested considering investing more maintenance funding for the 8.A.3 Packet Pg. 29 Minutes Acceptance: Minutes of Aug 24, 2021 4:00 PM (Approval of Minutes) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes August 24, 2021 Kent, Washington Page 3 of 11 building. Troutner expressed support and is excited at the possibility of generating revenue with the new digital banners. Larimer spoke in support of the need to maintain the Center. MOTION: I move to authorize the use of $338,925 of the accessoShoWare operating fund balance for the repair and replacement of capital assets, to include the scoreboard, arc flash test, administration carpet and transformer for fiscal year 2021. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 9/7/2021 7:00 PM C. INFO ONLY: FLEXFund ARPA Request Chief Economic Development Officer, Bill Ellis advised there are FAQs from the Department of Treasury that he needs to work through before seeking authorization from the Council regarding ARPA funds. Ellis introduced Chuck Depew, the Senior Director for the National Development Council (NDC), a national non-profit that provides economic and community development assistance to local governments. DePew advised he started his work on the FlexFund by thinking about how to get capital to small businesses for recovery and the need to get beyond small grants and needed to get to sizeable capital that would be meaningful for businesses. DePew talked about the public/private efforts and challenges, including the slow recovery for businesses. The NDC does small business lending - they are a CDFI. The CDFI did a lot of PPE lending - mostly to minority businesses. Current work is to move out of stabilization to recovery: · PPE Forgivable Grants · Recovery has less restrictions · Financing 3-6 months of business revenue · Focused on flexible working capital · Utilizing outreach through community based networks - mission-based lenders · Technical assistance providers DePew indicated they are trying to be efficient at organizing capital. 8.A.3 Packet Pg. 30 Minutes Acceptance: Minutes of Aug 24, 2021 4:00 PM (Approval of Minutes) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes August 24, 2021 Kent, Washington Page 4 of 11 The Fund is made up of an online portal managed by CRF and the NDC is the manager of the fund. NDC is organizing capital, distributing dollars to CDFI partners that will make the loans and then the NDC is buying loans from them- providing liquidity to CDFIs allowing them to relend the dollars. The focus is on businesses under 50 employees and under $3M in revenue. Average businesses have revenue under $1M. CDFIs are community leaders who reach small businesses that the banks can't reach. They are predominately non-profits that are mission-driven in terms of lending activities. They are chartered by the US Treasury. 60% of CDFI’s loan volume and lending activity need to fit a low-income criteria. · Participating lenders have decade of experience in serving indigenous and immigrant communities and communities of color across Washington. Current lenders are: · NDC · BusinessImpact NW · Ascendus · Evergreen DePew detailed the loan terms that are tailored to meet the credit needs of small businesses throughout the recovery. Interest rate, repayment term, use of proceeds, recourse, fees and loan amount. DePew detailed the online platform. Small business owners access the program through a simple, easy portal that matches them with a local community lender. The platform organizes borrower by location so NDC can direct funds solely to businesses in jurisdictions and provide robust data reporting. Reviewed current statistics: · $150M of matched requests · Currently matching 62% to borrowers · 39 funded requests · 1,554 matched requests · 67% percent requests matched DePew reviewed matched application summary - for Kent there are $4.5M in requests and 42 applications. DePew reviewed current metrics of applicant diversity: women, non-white, 8.A.3 Packet Pg. 31 Minutes Acceptance: Minutes of Aug 24, 2021 4:00 PM (Approval of Minutes) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes August 24, 2021 Kent, Washington Page 5 of 11 LGBTQ, MWBE and Veterans. There has been a series of technical assistance providers specific to help businesses be successful. Local business assistance organizations are available to help borrowers get application and credit ready. Kent is looking at utilizing an existing and scalable business loan fund. Jurisdictions get involved by providing loans to the fund to support lending in the City. This is not a revolving program. DePew advised of the ongoing work to interpret the vague language of ARPA. Boyce expressed appreciation of program. Ellis advised of his desire to invest in a community partner network. He is in communication with the Seattle Chamber and Port of Seattle. Kent will have the ability to track funds that Kent contributes to ensure the funds are distributed to Kent businesses. DePew advised of the communications firm they hired that can provide materials to Kent. Kaur is interested in what an applicant's experience is with the application process so they can share their story with other businesses. DePew advised if a business does not get the loan, CDFI provides a notice and a verbal explanation. They will then be directed to a provider that will meet with the business and CDFI, assign other TA providers. Ellis advised the next step is to seek authorization from Council. Before doing so, they need to gain technical insights from the Federal Government before bringing a request back to the Council. DePew indicated the funds need to be available to make match by April 1st. D. INFO ONLY: Equity Update Race and Equity Manager, Uriel Varela provided a Race and Equity community engagement update. Varela advised the project timeline has been extended to October due to the need to still conduct additional community engagement and research. Varela talked about the results-based accountability process to ensure the City is accountable for the outcomes. The process is data-driven and transparent. 8.A.3 Packet Pg. 32 Minutes Acceptance: Minutes of Aug 24, 2021 4:00 PM (Approval of Minutes) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes August 24, 2021 Kent, Washington Page 6 of 11 Three types of performance measures: · How much did we do? · How well did we do it? · Is anyone better off because we did this? Varela walked the council through the performance measure regarding employee demographics. Once the Racial Equity Lens is created, it will be used to navigate the strategic plan in addition to the racial equity toolkit and will lead us to measurements. Alma Villegas, from AV Consulting has been helping with the Racial Equity and community engagement consulting. Villegas stated the consulting team is the conduit for information of what they are hearing. They are at the beginning of outreach due to barriers to meet with people and get responses. COVID has impacted their work. Villegas advised of the feedback she has received through surveys, the health fair, interviews with community leaders and partners and listening sessions. Villegas conveyed concerns she has heard from the community and their requests for a co-design model. Villegas advised of the update to the scope of work in response to what hearing from the community. Villegas recommended continuing community engagement efforts to bring the community voice into the Plan so they can work together to find significant commitments to take to the community so that they will be open to working with the City, collaboratively, on the co-design process. Varela provided a response to Boyce's question about the process to develop the Plan as follows: · Collect data from residents · Use data - bring to core team meeting to create racial equity lens · The lens will give area of focus for strategic plan · Write strategic plan · Vet the Plan with the community · Receive comments · Share with council Villegas suggested this process be ongoing, with quarterly meetings with a community accountability body to hold the City to the plan to address disparities and inequities. 8.A.3 Packet Pg. 33 Minutes Acceptance: Minutes of Aug 24, 2021 4:00 PM (Approval of Minutes) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes August 24, 2021 Kent, Washington Page 7 of 11 Villegas indicated her team reached out to about 15 local organizations seven responded, received 60 surveys at health fair and conducted listening sessions with 10 organizations. She is taking a value-based approach which will take a significant amount of time. Boyce advised the Council is interested in this work and understands this will be an ongoing process. There is an opportunity for the staff to represent the community. Boyce indicated trust can be gained over time and conveyed the Council's intent to make this plan happen. Villegas indicated these issues are not unique to Kent. Varella advised, as part of the Plan, will they be looking at what an accountable committee could be composed. Varela advised of the possibility of changing the work of the Cultural Communities Board. Varela is presenting the Board with an update after tonight's meeting. Villegas advised the organizations receiving funding from Kent do not have a physical presence in Kent, but may bring a program to Kent and then turn around and fund Kent organizations. Varela responded to Councilmember Fincher's question about removing the names of applicants to City positions from the application materials. The City's Workday program cannot remove the names and identifiable information from employment applications. IT is working on a solution. Larimer and Boyce requested a report as to what organizations are receiving funding that do not have a physical presence in Kent. E. Contract with Chet’s Roofing & Construction, Inc to Replace Roof of Kent Police Station – Authorize Facilities Manager, Nate Harper provided a recap of the contract with Chet's Roofing and Construction, Inc to replace the roof of the Kent Police Station. MOTION: I move to authorize the Mayor to enter into an agreement with Chet’s Roofing & Construction, Inc to replace the roof of the Kent Police Station, in an amount not to exceed $189,922.50, subject to final terms and conditions acceptable to the Parks Director and City Attorney. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 9/7/2021 7:00 PM F. First Addendum to Lease with Half Lion Public House, LLC at the Riverbend Golf Complex - Authorize 8.A.3 Packet Pg. 34 Minutes Acceptance: Minutes of Aug 24, 2021 4:00 PM (Approval of Minutes) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes August 24, 2021 Kent, Washington Page 8 of 11 Parks Director, Julie Parascondola presented details on the First Addendum to the Lease with Half Lion Public House, LLC at the Riverbend Golf Complex. Restaurants were hardest hit by COVID restrictions. Their profit margins are narrow and they don't have the ability to grow capital reserves. Parascondola reviewed the State of Washington COVID restrictions from March of 2020 through June 30, 2021: • 6 months of 0% capacity allowed • 7 months of 25% capacity allowed • 3 months at 50% capacity allowed Current lease terms were reviewed. The lease is not a gross profit model, not tied to profit or loss - more simplified landlord/tenant relationship. Restrictions impacting success: Connecting capacity percent only to restaurant success is a flawed theory when considering market viability or business sustainability. Parascondola reviewed elements to consider when capacity contributes. Financial changes in the Amendment include: • Waiver on monthly lease fee until 2 months after full restrictions were lifted • Half Lion will still pay leasehold tax on original lease amount • No CPI inflation adjustment until 2023 • Payment of utilities were deferred during the pandemic and also adjusted via percentage splits to reflect utility audit and primary user of utilities when 100% shutdowns occurred • Increase in "premises” to include square footage space at the driving range • Increase in “premises” to include 10 half lion designated parking spots • Excluding monthly lease payment and lease terms. In Michaud's absence, Troutner conveyed Michaud supports this amendment. Troutner, Boyce and Larimer spoke in support of the Amendment. MOTION: I move to authorize the Mayor to execute the first addendum to the Retail Lease with Half Lion Public House, LLC at the Riverbend Golf Complex, as presented by staff, subject to final terms and conditions acceptable to the Parks Director and City Attorney. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 9/7/2021 7:00 PM G. Supplemental Parks Property Levy Agreement - Authorize Parks Planning and Development Manager, Terry Jungman presented details 8.A.3 Packet Pg. 35 Minutes Acceptance: Minutes of Aug 24, 2021 4:00 PM (Approval of Minutes) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes August 24, 2021 Kent, Washington Page 9 of 11 on the Supplemental Parks Property Levy Agreement. MOTION: I move to authorize the Mayor to sign a supplemental property tax levy agreement with King County, and receive funds in the amount of $1,440,000, to help fund improvements to the Green River Trail, subject to final terms and conditions acceptable to the City Attorney and Parks Director. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 9/7/2021 7:00 PM H. Interagency Agreement with the Washington Traffic Safety Commission for 2021-2022 Walker/Roller Safety Program – Pacific Highway South - Authorize Community Education Coordinator, Sara Wood, provided Council with details on the Interagency Agreement with the Washington Traffic Safety Commission for the 2021-2022 Walker/Roller Safety Program at Pacific Highway South. MOTION: I move to authorize the Mayor to sign the 2021-2022 Pacific Highway South (SR Hwy 99) Walker and Roller Safety Program grant in the amount of $117,968, amend the budget, and authorize expenditure of the grant funds, subject to final grant terms and conditions acceptable to the Police Chief and City Attorney. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 9/7/2021 7:00 PM I. Downey Side Channel Restoration – RCO Grant Resolution – Adopt Environmental Engineer, Melissa Dahl presented the Downey Side Channel Restoration - Recreation Conservation Office Grant Resolution. MOTION: I move to adopt Resolution No. 2031 in support of the City’s application for Grant #20-1067 to the Washington Recreation and Conservation Office to assist with funding for completion of the Downey Side Channel Restoration Project. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 9/7/2021 7:00 PM J. Amendments to Consultant Services Agreements for IT Temporary Staff - Authorize Information Technology Project Management Office Supervisor, Brian Rambonga provided details on the amendments for IT temporary staff. 8.A.3 Packet Pg. 36 Minutes Acceptance: Minutes of Aug 24, 2021 4:00 PM (Approval of Minutes) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes August 24, 2021 Kent, Washington Page 10 of 11 MOTION: I move to authorize the Mayor to sign contract amendments with Protingent Inc., Robert Half International, Inc., and Viri Technology LLC to increase the available contract funding for all IT temporary service contracts by an additional $1,224,500.00 through December 31, 2021, subject to final contract terms and conditions acceptable to the IT Director and City Attorney. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 9/7/2021 7:00 PM K. Consultant Services Agreement with TEKsystems, Inc. for Temporary IT Staff - Authorize Information Technology Project Management Office Manager, Brian Rambonga provided details on the Consultant Services Agreement with TEKsystems, Inc for temporary IT staff. MOTION: I move to authorize the Mayor to sign an agreement with TEKsystems, Inc. to provide temporary IT staff, subject to final contract terms and conditions acceptable to the Information Technology Director and the City Attorney. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 9/7/2021 7:00 PM L. First Amendment to Master License and Services Agreement for Amanda Platform – Authorize Information Technology Director, Mike Carrington provided information on the First Amendment to the Master License and Services Agreement for the Amanda Platform. MOTION: I move to authorize the Mayor to sign a First Amendment to the Master License and Services Agreement to authorize the assignment and assumption of the original agreement by Granicus, LLC, the successor to CSDC, Inc. and Calytera US, Inc, subject to final terms and conditions acceptable to the IT Director and City Attorney. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 9/7/2021 7:00 PM M. Amanda (KIVA Replacement) Permitting System Deployment Project – Amend Budget and Approve Contract Amendment - Authorize Information Technology Director, Mike Carrington provided details on the 8.A.3 Packet Pg. 37 Minutes Acceptance: Minutes of Aug 24, 2021 4:00 PM (Approval of Minutes) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes August 24, 2021 Kent, Washington Page 11 of 11 Amanda (KIVS Replacement) Permitting System Deployment Project. MOTION: I move to authorize establishing a new budget for the Amanda (KIVA Replacement) project at $2,226,483; authorize the Mayor to sign all contract amendments, change orders, and other documents necessary to advance the Amanda project that cumulatively do not exceed the project budget, subject to final terms and conditions acceptable to City Administration and the City Attorney; provide that future change orders beyond the project budget, but within the overall City budget, be authorized according to their amended contract values and in accordance with the Kent City Code; authorize the Mayor to approve subscription or other renewals authorized through previously approved project contracts, and ratify past actions consistent with this motion, subject to final terms and conditions acceptable to the IT Director and City Attorney. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 9/7/2021 7:00 PM 5. ADJOURNMENT Council President Troutner adjourned the meeting. Meeting ended at 6:08 p.m. Kimberley A. Komoto City Clerk 8.A.3 Packet Pg. 38 Minutes Acceptance: Minutes of Aug 24, 2021 4:00 PM (Approval of Minutes) DATE: September 7, 2021 TO: Kent City Council SUBJECT: Payment of Bills - Authorize MOTION: I move to authorize the payment of bills received through 8/15/21 and paid on 8/15/21 and authorize the checks issued for payroll 8/1/21-8/15/21 and paid on 8/20/21, all audited by the Committee of the Whole on 8/24/21. SUMMARY: Approval of payment of the bills received through-----08/15/21 and paid 08/15/21 Approval of checks issued for Vouchers: Date Amount 08/15/21 Wire Transfers 8858 8877 $2,313,595.13 08/15/21 Regular Checks 754904 755226 $6,114,982.65 08/15/21 Payment Plus 103460 103489 $117,771.37 Void Checks $0.00 08/15/21 Use Tax Payable $2,573.83 $8,548,922.98 Approval of checks issued for Payroll:8/1/21-8/15/21 and paid 8/20/2021 Date Amount 8/20/2021 Checks $1,890,710.59 Voids and Reissues 8/20/2021 Advices FR&P 463207 463215 $7,074.04 Total Payroll $1,897,784.63 Document Numbers Document Numbers BUDGET IMPACT: None 08/24/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 9/7/2021 7:00 PM 8.B Packet Pg. 39 DATE: September 7, 2021 TO: Kent City Council SUBJECT: Ordinance Amending Title 15 of the Kent City Code Consistent with House Bill 1220 – Adopt MOTION: I move to adopt Ordinance No. 4410, amending Title 15 of the Kent City Code to allow indoor emergency shelters, permanent supportive housing, and transitional housing in a greater range of zoning districts with restrictions related to intensity of use, consistent with House Bill 1220, as recommended by staff. SUMMARY: During the regular legislative session of 2021, the state legislature passed House Bill 1220, supporting emergency shelters and housing through local planning and development regulations. The bill defines new parameters for the zoning of indoor emergency shelters, permanent supportive housing, and transitional housing, some of which are already met in Kent City Code. Staff are now proposing a draft set of code amendments to comply with the remaining provisions of HB 1220, including allowing facilities in a greater range of zones with restrictions related to intensity of use. There are many types and models of housing and facilities that serve otherwise homeless persons; funding and operating trends change over time and statutes/zoning codes may or may not keep pace with these changes. Kent City Code specifically incorporates some, but not all, of these types of facilities. The City of Kent previously passed Ordinance 4358 on May 5, 2020, which expanded the zones in which indoor emergency shelters, known in Kent City Code as “emergency housing” was allowed, to comply with HB 1754 from the 2020 legislative session. This ordinance established reasonable requirements on indoor emergency shelters to ensure the safe development and operation of these facilities, and ensured existing emergency housing facilities in Kent (which operate on a ninety days on/ninety days off model) can continue serving Kent’s homeless population. The City of Kent has one permanent supportive housing project fully constructed within the city already; the project was permitted as multifamily due to its similarity in built form. No specific zoning parameters are codified in Kent City Code related to permanent supportive housing; it is a relatively new model of housing for the homeless. 8.C Packet Pg. 40 Transitional housing, a somewhat outdated model of supportive housing facility, is already defined and allowed in Kent City Code in several multifamily, mixed use and commercial zones. This ordinance amends the zoning code to allow indoor emergency shelters, permanent supportive housing, and transitional housing in a greater range of zoning districts with restrictions related to intensity of use, consistent with the requirements imposed by House Bill 1220. Permanent supportive housing will be permitted as Class I Group Homes in single-family residential zones, but not within 1,000 feet of a public school, and it will otherwise be permitted as multifamily where allowed. Transitional housing will be permitted in certain single-family and multifamily residential zones at the density of the particular zone. Indoor Emergency shelters will be additionally permitted in the CM, GC, and I1 zones, subject to current restrictions. BUDGET IMPACT: None SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Ordinance 4410 KCC 15 (PDF) 08/10/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 9/7/2021 7:00 PM 8.C Packet Pg. 41 1 Amend Title 15 KCC - Re: Emergency Shelters and Housing ORDINANCE NO. 4410 AN ORDINANCE of the City Council of the City of Kent, Washington, amending Title 15 of the Kent City Code entitled, “Zoning” consistent with the requirements of House Bill 1220 to support emergency shelters and housing through local planning and development regulations. RECITALS A. During the regular legislative session of 2021, the state legislature passed House Bill 1220, supporting emergency shelters and housing through local planning and development regulations. The bill defines new parameters for the zoning of indoor emergency shelters, permanent supportive housing, and transitional housing. B. There are many types and models of housing and facilities that serve otherwise homeless persons; funding and operating trends change over time and statutes/zoning codes may or may not keep pace with these changes. Kent City Code specifically incorporates some, but not all, of these types of facilities. C. The City of Kent previously passed Ordinance 4358 on May 5, 2020, which expanded the zones in which indoor emergency shelters, known in Kent City Code as “emergency housing” was allowed, to comply with HB 1754 from the 2020 legislative session. This ordinance 8.C.a Packet Pg. 42 Attachment: Ordinance 4410 KCC 15 (2794 : Ordinance Amending Chapter 15 of the Kent City Code consistent with House Bill 1220 – Adopt) 2 Amend Title 15 KCC - Re: Emergency Shelters and Housing established reasonable requirements on indoor emergency shelters to ensure the safe development and operation of these facilities, and ensured existing emergency housing facilities in Kent (which operate on a ninety days on/ninety days off model) can continue serving Kent’s homeless population. D. The City of Kent has one permanent supportive housing project fully constructed within the city already; the project was permitted as multifamily due to its similarity in built form. No specific zoning parameters are codified in Kent City Code related to permanent supportive housing; it is a relatively new model of housing for the homeless. E. Transitional housing, a somewhat outdated model of supportive housing facility, is already defined and allowed in Kent City Code in several multifamily, mixed use and commercial zones. F. This ordinance amends the zoning code to allow indoor emergency shelters, permanent supportive housing, and transitional housing in a greater range of zoning districts with restrictions related to intensity of use, consistent with the requirements imposed by House Bill 1220. Permanent supportive housing will be permitted as Class I Group Homes in single-family residential zones, but not within 1,000 feet of a public school, and it will otherwise be permitted as multifamily where allowed. Transitional housing will be permitted in certain single-family and multifamily residential zones at the density of the particular zone. Indoor Emergency shelters will be additionally permitted in the CM, GC, and I1 zones, subject to current restrictions. G. The City’s SEPA responsible official issued a Determination of Nonsignificance for the proposed amendments on July 30, 2021. 8.C.a Packet Pg. 43 Attachment: Ordinance 4410 KCC 15 (2794 : Ordinance Amending Chapter 15 of the Kent City Code consistent with House Bill 1220 – Adopt) 3 Amend Title 15 KCC - Re: Emergency Shelters and Housing H. Pursuant to RCW 36.70A.106, a request for expedited review was sent to the Washington State Department of Commerce on August 12, 2021. No comments were received. I. After appropriate public notice, on July 26, 2021, a public hearing was held before the Land Use and Planning Board. J. On August 10, 2021, the City Council’s Committee of the Whole considered the recommendation of the Board. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Amendment KCC 15.02.173. Section 15.02.173 of the Kent City Code, entitled “Group Home” is hereby amended as follows: Section 15.02.173. Group Home. A. Class I group home. Class I group home means publicly or privately operated residential facilities including state-licensed adult family homes as defined by RCW 70.128.010, state-licensed foster-family homes as defined by RCW 74.15.020(e); group homes for individuals who are developmentally, physically, or mentally disabled; and group homes or halfway houses for recovering alcoholics and former drug addicts; and permanent supportive housing as defined in RCW 36.70A.030 within a single-family dwelling. A class I group home shall have a maximum of six residents not including providers. 8.C.a Packet Pg. 44 Attachment: Ordinance 4410 KCC 15 (2794 : Ordinance Amending Chapter 15 of the Kent City Code consistent with House Bill 1220 – Adopt) 4 Amend Title 15 KCC - Re: Emergency Shelters and Housing B. Class II group home. Class II group home means publicly or privately operated residential facilities for juveniles under the jurisdiction of the criminal justice system. These homes include state-licensed group care homes or halfway homes for juveniles which provide residence in lieu of sentencing or incarceration, and halfway houses providing residence to juveniles needing correction or for juveniles selected to participate in state- operated work release and pre-release programs. The planning director shall have the discretion to classify a group home proposing to serve juveniles convicted of the offenses listed under class III group home in this section as a group home class III, and any such home shall be sited according to the regulations contained within the group III classification. 1. Group home, class II-A. A class II-A group home shall have a maximum of eight residents including resident staff. 2. Group home, class II-B. A class II-B group home shall have a maximum of 12 residents including resident staff. 3. Group home, class II-C. A class II-C group home shall have a maximum of 18 residents including resident staff. C. Class III group home. Class III group home means privately or publicly operated residential facilities for adults under the jurisdiction of the criminal justice system who have entered a pre- or post-charging diversion program, or been selected to participate in state-operated work/training release or other similar programs as provided in Chapters 137-56 and 137- 57 WAC. Such groups also involve individuals who have been convicted of a violent crime against a person, or a crime against property with a sexual motivation and convicted or charged as a sexual or assaultive violent predator. Secure community transition facilities are considered class III 8.C.a Packet Pg. 45 Attachment: Ordinance 4410 KCC 15 (2794 : Ordinance Amending Chapter 15 of the Kent City Code consistent with House Bill 1220 – Adopt) 5 Amend Title 15 KCC - Re: Emergency Shelters and Housing group homes. Secure community transition facilities shall have a maximum of three residents, excluding resident staff, unless the state agency proposing to establish and operate the facility can demonstrate that it has equitably distributed other secure community transition facilities with the same or a greater number of residents in other jurisdictions or communities throughout the entire geographic limits of King County. SECTION 2. – Amendment KCC 15.02.125. Section 15.02.125 of the Kent City Code, entitled “Dwelling, multifamily” is hereby amended as follows: Section 15.02.125. Dwelling, multifamily. Multifamily dwelling means a residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided. This definition does not include independent senior living facilities, assisted living facilities, detached single-family structures designed as part of a multiple-structure development such as a planned unit development, residential facilities with health care, transitional housing, or group homes. This definition does include senior housing that does not provide meals, as well as permanent supportive housing as defined in RCW 36.70A.030. SECTION 3. – Amendment KCC 15.04.020. Section 15.04.020 of the Kent City Code, entitled “Residential land uses” is hereby amended as follows: 8.C.a Packet Pg. 46 Attachment: Ordinance 4410 KCC 15 (2794 : Ordinance Amending Chapter 15 of the Kent City Code consistent with House Bill 1220 – Adopt) 6 Amend Title 15 KCC - Re: Emergency Shelters and Housing Section 15.04.020. Residential land uses. Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses M = Minor Conditional Uses A-10 AG SR-1 SR-3 SR-4.5 SR-6 SR-8 MR-D MR-T12 MR-T16 MR-G MR-M MR-H MHP NCC CC DC DCE MTC-1 MTC-2 MCR CM GC I1 I2 I3 One single-family dwelling per lot P P P P P P P P P P P P P A (1) A (1) A (1) One duplex per lot P (27) P (27) P (27) P One modular home per lot P P P P P P P P P P P P Duplexes P (27) P (27) P (27) P (22) P P P P P Multifamily townhouse units P (27) P (27) P (27) P (19) (20) P (19) (20) P P P P (2) P P P P P (2) Multifamily dwellings P (26) P (26) P P P P (2) P (4) P P P P P (12) P (2) P (12) Mobile homes and manufactured homes P Mobile home parks P (13) P (13) P (13) P (13) P (13) P (13) P Group homes class I P (32) P (32) P (32) P (32) P (32) P (32) P (32) P (32) P (32) P (32) P (32) P (32) P (32) P (32) P (32) P (32) P (32) P (32) P (32) P (32) P (32) P (32) Group homes class II-A C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) Group homes class II-B C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) Group homes class II-C C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) C (32) Group homes class III C (23) (32) C (23) (32) C (23) (32) C (23) (32) C (23) (32) C (23) (32) C (23) (32) C (23) (32) C (23) (32) Secure community transition facilities23, 24 C (23) (24) C (23) (24) Communal residences P (33) P (33) P (33) P (33) P (33) P (33) P (33) P (33) P (33) P (33) P (33) P (33) P (33) Rebuild/accessory uses for existing dwellings P (6) P (6) P (6) P (6) P (6) P (6) P (6) P (6) P (6) P (6) P (6) P (6) P (6) Transitional housing C (29) C (29) C (29) C (29) C (29) C (29) C (29) C (29) P (29) P (29) P (29) P (2) P (4) C P P P P P (7) C P (7) C P (12) 8.C.a Packet Pg. 47 Attachment: Ordinance 4410 KCC 15 (2794 : Ordinance Amending Chapter 15 of the Kent City Code consistent with House Bill 1220 – Adopt) 7 Amend Title 15 KCC - Re: Emergency Shelters and Housing (5) (30) (30) Short-term rentals A (34) A (34) A (34) A (34) A (34) A (34) A (34) A (34) A (34) A (34) Farm worker accommodations A (17) A (9) A (17) Accessory uses and structures customarily appurtenant to a permitted use A A A (8) (18) A (8) (18) A (8) (18) A (8) (18) A (8) (18) A (18) A (18) A (18) A (18) A (18) A (18) A A A A A A A A A A A A Accessory dwelling units and guest cottages A (8) (10) A (8) (10) A (8) (10) A (8) (10) A (8) (10) A (8) (10) A (8) (10) A (8) (10) A (8) (10) A (8) (10) A (8) (10) A (8) (10) A (8) (10) Accessory living quarters A (14) A (14) A (14) A (14) A (14) A (14) A (14) A (14) A (14) A (14) A (14) A (14) Live-work units P (28) Home occupations A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) A (11) Service buildings A Storage of recreational vehicles A (16) A (16) A (16) A (16) A (16) A (16) A (16) A (16) A (16) A (16) A (16) A (16) A Emergency housing facility; emergency shelter C (31) C (31) C (31) C (31) C (35) C (35) C (35) C (35) C (35) C (35) C (35) C (35) Independent senior living facilities M M M M M P (29) P (29) P (29) P (2) M (3) P (4) P P P P C P (2) M (3) Assisted living facilities M M M M M P (29) P (29) P (29) P (2) M (3) P (4) P P P P C P (2) M (3) Residential facilities with health care M M M M M P (29) P (29) P (29) P (2) M (3) P (4) P P P P C P (2) M (3) Designated manufactured home P (25) P (25) P (25) P (25) P (25) P (25) P (25) P (25) P (25) P (25) P (25) P (25) P (25) Isolation and quarantine facilities C (36) C (36) C (36) 8.C.a Packet Pg. 48 Attachment: Ordinance 4410 KCC 15 (2794 : Ordinance Amending Chapter 15 of the Kent City Code consistent with House Bill 1220 – Adopt) 8 Amend Title 15 KCC - Re: Emergency Shelters and Housing SECTION 4. – Amendment KCC 15.04.030. Section 15.04.030 of the Kent City Code, entitled “Residential land use development conditions” is hereby amended as follows: Section 15.04.030. Residential land use development conditions. 1. Dwelling units, limited to not more than one per establishment, for security or maintenance personnel and their families, when located on the premises where they are employed in such capacity. No other residential use shall be permitted. 2. Multifamily residential uses, or other residential facilities where allowed, are only permissible in a mixed-use overlay and must be included within a mixed-use development. 3. Assisted living facilities, residential facilities with health care, and independent senior living facilities, when not combined with commercial or office uses, require a minor conditional use permit and are subject to the following conditions: a. Must be located within one-half mile of publicly accessible amenities in at least three of the following categories, as determined by the economic and community development director. The distance shall be measured as the shortest straight-line distance from the property line of the proposed facility to the property line of the entities listed below: i. Public park or trail, as identified in the city’s most recently adopted park and open space plan, or owned or maintained by any agency of the state, or any political subdivision thereof; 8.C.a Packet Pg. 49 Attachment: Ordinance 4410 KCC 15 (2794 : Ordinance Amending Chapter 15 of the Kent City Code consistent with House Bill 1220 – Adopt) 9 Amend Title 15 KCC - Re: Emergency Shelters and Housing ii. Preschool, elementary, or secondary school (public or private); iii. Indoor recreational center (community center, senior center, physical recreation facility, bingo or casino hall); iv. Church, religious institution, or other place of worship; v. Cultural arts center (theater, concert hall, artistic, cultural, or other similar event center); vi. Retail services, including, but not limited to: medical services; food and beverage establishments; shopping centers; or other commercial services that are relevant (reasonably useful or germane) to the residents of the proposed facility, as determined by the city’s economic and community development director. b. Alternatively, if the facility provides amenities in one or more of the categories listed in subsection (3)(a) of this section on the ground floor of the facility itself, oriented towards the public (meaning that they are visible, accessible, and welcoming), the number of other amenities to which a half-mile proximity is required may be reduced, at the discretion of the city’s economic and community development director. 4. Multifamily residential uses, or other residential facilities where allowed, when established in buildings with commercial or office uses, and prohibited on the ground floor. 8.C.a Packet Pg. 50 Attachment: Ordinance 4410 KCC 15 (2794 : Ordinance Amending Chapter 15 of the Kent City Code consistent with House Bill 1220 – Adopt) 10 Amend Title 15 KCC - Re: Emergency Shelters and Housing 5. Multifamily residential uses, or other residential facilities where allowed, when not combined with commercial or office uses. 6. Existing dwellings may be rebuilt, repaired, and otherwise changed for human occupancy. Accessory buildings for existing dwellings may be constructed subject to the provisions of KCC 15.08.160. 7. Transitional housing facilities, limited to a maximum of 20 residents at any one time, plus up to four resident staff. 8. Accessory structures composed of at least two walls and a roof, not including accessory uses or structures customarily appurtenant to agricultural uses, are subject to the provisions of KCC 15.08.160. 9. Farm dwellings appurtenant to a principal agricultural use for the housing of farm owners, operators, or employees, but not accommodations for transient labor. 10. Accessory dwelling units shall not be included in calculating the maximum density. Accessory dwelling units are allowed only on the same lot with a principally permitted detached single-family dwelling unit, and are subject to the provisions of KCC 15.08.160 and 15.08.350. 11. Customary incidental home occupations subject to the provisions of KCC 15.08.040. 12. [Reserved] Multifamily buildings and transitional housing are only allowed on parcels where hotels or motels exist as of August 17, 2021, and are subject to a maximum dwelling unit density that is equal to the number of hotel rooms. (For transitional housing, density shall be calculated based 8.C.a Packet Pg. 51 Attachment: Ordinance 4410 KCC 15 (2794 : Ordinance Amending Chapter 15 of the Kent City Code consistent with House Bill 1220 – Adopt) 11 Amend Title 15 KCC - Re: Emergency Shelters and Housing on beds rather than dwelling units.) Replacement and remodel of existing hotels and motels are both allowed, and new or reconstructed development is not limited to the same footprint or height as existing buildings. Multifamily buildings and transitional housing are governed by the density limit described herein as well as the development standards in the zoning district. 13. Subject to the combining district requirements of the mobile home park code, Chapter 12.05 KCC. 14. Accessory living quarters are allowed per the provisions of KCC 15.08.359. 15. [Reserved]. 16. Recreational vehicle storage is permitted as an accessory use in accordance with KCC 15.08.080. 17. Accommodations for farm operators and employees, but not accommodations for transient labor. 18. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 19. The following zoning is required to be in existence on the entire property to be rezoned at the time of application for a rezone to an MR-T zone: SR-8, MR-D, MR-G, MR-M, MR-H, NCC, CC, GC, DC, or DCE. 8.C.a Packet Pg. 52 Attachment: Ordinance 4410 KCC 15 (2794 : Ordinance Amending Chapter 15 of the Kent City Code consistent with House Bill 1220 – Adopt) 12 Amend Title 15 KCC - Re: Emergency Shelters and Housing 20. All multifamily townhouse developments in an MR-T zone shall be recorded as townhouses with ownership interest, as defined in KCC 15.02.525.1, prior to approval of a certificate of occupancy by the city. 21. [Reserved]. 22. One duplex per lot is permitted. 23. Secure community transition facilities are only permitted within the boundaries depicted on the following map, and only with a conditional use permit: 24. A secure community transition facility shall also comply with applicable state siting and permitting requirements pursuant to Chapter 71.09 RCW. Secure community transition facilities are not subject to the siting criteria of KCC 15.08.280 for class III group homes, but they are subject to a 600-foot separation from any other class II or III group home. In no case shall a secure community transition facility be sited adjacent to, 8.C.a Packet Pg. 53 Attachment: Ordinance 4410 KCC 15 (2794 : Ordinance Amending Chapter 15 of the Kent City Code consistent with House Bill 1220 – Adopt) 13 Amend Title 15 KCC - Re: Emergency Shelters and Housing immediately across the street or parking lot from, or within the line of sight of risk-potential activities or facilities in existence at the time a site is listed for consideration. Within the line of sight means that it is possible to reasonably visually distinguish and recognize individuals. For the purposes of granting a conditional use permit for siting a secure community transition facility, the hearing examiner shall consider an unobstructed visual distance of 600 feet to be within the line of sight. During the conditional use permit process for a secure community transition facility, the line of sight may be considered to be less than 600 feet if the applicant can demonstrate that visual barriers exist or can be created that would reduce the line of sight to less than 600 feet. This distance shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property or parcel upon which the proposed use is to be located, to the nearest point of the parcel or property or the land use district boundary line from which the proposed use is to be separated. For the purpose of granting a conditional use permit for a secure community transition facility, the hearing examiner shall give great weight to equitable distribution so that the city shall not be subject to a disproportionate share of similar facilities of a statewide, regional, or countywide nature. 25. A designated manufactured home is a permitted use with the following conditions: a. A designated manufactured home must be a new manufactured home; b. The designated manufactured home shall be set upon a permanent foundation, as specified by the manufacturer, and the space from the bottom of the home to the ground shall be enclosed by concrete or an approved concrete product that can be either load-bearing or decorative; 8.C.a Packet Pg. 54 Attachment: Ordinance 4410 KCC 15 (2794 : Ordinance Amending Chapter 15 of the Kent City Code consistent with House Bill 1220 – Adopt) 14 Amend Title 15 KCC - Re: Emergency Shelters and Housing c. The designated manufactured home shall comply with all city design standards applicable to all other single-family homes; d. The designated manufactured home shall be thermally equivalent to the State Energy Code; and e. The designated manufactured home shall meet all other requirements for a designated manufactured home as defined in RCW 35.63.160. 26. Multifamily dwellings shall be allowed only within the Kent downtown districts outlined in the downtown subarea action plan and shall be condominiums recorded pursuant to Chapter 64.32 or 64.34 RCW or similar dwelling units with ownership interest and recorded as such prior to approval of a certificate of occupancy by the city. 27. Within subdivisions, as defined by KCC 12.04.025, vested after March 22, 2007, or altered to comply with zoning and subdivision code amendments effective after March 22, 2007, 25 percent of the total number of permitted dwelling units may be duplex or triplex townhouse structures. 28. Live-work units; provided, that the following development standards shall apply for live-work units, in addition to those set forth in KCC 15.04.190: a. The unit shall contain a cooking space and sanitary facility in conformance with applicable building standards; 8.C.a Packet Pg. 55 Attachment: Ordinance 4410 KCC 15 (2794 : Ordinance Amending Chapter 15 of the Kent City Code consistent with House Bill 1220 – Adopt) 15 Amend Title 15 KCC - Re: Emergency Shelters and Housing b. Adequate and clearly defined working space must constitute no less than 50 percent of the gross floor area of the live-work unit. Said working space shall be reserved for and regularly used by one or more persons residing there; c. At least one resident in each live-work unit shall maintain at all times a valid city business license for a business on the premises; d. Persons who do not reside in the live-work unit may be employed in the live-work unit when the required parking is provided; e. Customer and client visits are allowed when the required parking is provided; f. No portion of a live-work unit may be separately rented or sold as a commercial space for a person or persons not living on the premises, or as a residential space for a person or persons not working on the premises; g. [Reserved]; h. Construct all nonresidential space, to the maximum allowed, to commercial building standards; and i. Provide an internal connection between the residential and nonresidential space within each unit. 29. Subject to the maximum permitted density of the zoning district. For assisted living facilities, residential facilities with health care, and independent senior living facilities, each residential care unit is considered 8.C.a Packet Pg. 56 Attachment: Ordinance 4410 KCC 15 (2794 : Ordinance Amending Chapter 15 of the Kent City Code consistent with House Bill 1220 – Adopt) 16 Amend Title 15 KCC - Re: Emergency Shelters and Housing one dwelling unit for purposes of density calculations. For transitional housing, one bed is considered one dwelling unit for the purposes of density calculations. 30. Conditional use when the number of residents exceeds 20 at any one time or more than four resident staff. 31. Emergency housing and emergency shelter facilities are allowed in the MR-D, MR-G, MR-M, and MR-H zoning districts, in conjunction with an approved conditional use permit that satisfies the below conditions, and must satisfy the requirements of RCW 35A.21.360(10) prior to opening. a. General conditions. Emergency housing and emergency shelter facilities are subject to the following general conditions: i. The emergency housing or shelter facility must be located on the same lot as an actively operating church or similar religious institution. ii. At the time of application for the conditional use permit, there shall be no other approved emergency housing or shelter facility located within 1,000 feet of the proposed emergency housing or shelter facility site. For the purposes of this subsection, distance shall be measured in a straight line between the closest property line of the existing facility and the closest property line of the proposed facility. For purposes of this section, if the city receives applications for proposed facilities that are within 1,000 feet of each other, the first complete application received by the city shall be given priority. 8.C.a Packet Pg. 57 Attachment: Ordinance 4410 KCC 15 (2794 : Ordinance Amending Chapter 15 of the Kent City Code consistent with House Bill 1220 – Adopt) 17 Amend Title 15 KCC - Re: Emergency Shelters and Housing iii. An emergency housing facility and an emergency shelter facility may not be permitted on the same lot simultaneously. iv. Emergency housing and shelter facilities shall be permitted to operate for a maximum of 90 consecutive days, and there shall be a minimum period of 90 consecutive days between operational periods during which the emergency housing or shelter facility does not operate. The 90-day period of nonoperation shall apply to the operation of an emergency housing facility followed by an emergency shelter facility and vice versa. v. The building footprint of the emergency housing or shelter facility cannot exceed the building footprint of the church or similar religious institution that exists on the same lot. vi. The church or similar religious institution on the same lot as the emergency housing or shelter facility shall be primarily responsible for the operation and maintenance of the facility itself, as well as the conduct of the residents of the facility on and in the immediate vicinity of the lot, to the maximum extent permitted by law, regardless of whether the organization contracts with a third party for the provision of any services related to the facility itself or its residents. vii. The emergency housing or shelter facility shall comply with the setbacks and landscaping requirements for churches, as identified in KCC 15.08.020(A). viii. The possession or use of illegal drugs at an emergency housing or shelter facility or the property occupied by the facility is prohibited. 8.C.a Packet Pg. 58 Attachment: Ordinance 4410 KCC 15 (2794 : Ordinance Amending Chapter 15 of the Kent City Code consistent with House Bill 1220 – Adopt) 18 Amend Title 15 KCC - Re: Emergency Shelters and Housing ix. Emergency housing or shelter facilities shall be responsible for the safety of residents of the facility, and shall establish a plan to remove individuals who present a threat to other residents or the property of other residents. x. In the event of a public health emergency, the city may require an emergency response plan that is in substantial compliance with relevant guidance and requirements issued by Public Health – Seattle and King County in response to the public health emergency. xi. Emergency housing and shelter facilities must comply with all applicable fire and building codes set forth in Chapters 13.01 and 14.01 KCC. xii. The church or religious institution must provide the city written documentation of the following: (a) A description of the proposed staffing and operational characteristics, including confirmation of sanitation and basic safety measures required for emergency shelters. (b) A description of the proposed population to be served and code of conduct to be observed including conflict resolution steps. (c) Criteria for rejection or removal of an individual seeking access to the facility. (d) A plan for managing the exterior appearance of the proposed site including trash/litter. 8.C.a Packet Pg. 59 Attachment: Ordinance 4410 KCC 15 (2794 : Ordinance Amending Chapter 15 of the Kent City Code consistent with House Bill 1220 – Adopt) 19 Amend Title 15 KCC - Re: Emergency Shelters and Housing (e) A phone number, email, and point of contact at the site of the facility for the community to report concerns. (f) A plan for addressing reported concerns and documenting resolution, and making this information publicly available. (g) A proposed site plan showing compliance with all requirements set forth in this subsection (31) and applicable fire and building codes set forth in Chapters 13.01 and 14.01 KCC. xiii. Emergency housing and shelter facilities must have two naloxone (Narcan) kits onsite, and staff must be trained in how to administer the naloxone (Narcan). xiv. The possession of any of the weapons described in RCW 9.41.280(1) at an emergency housing or shelter facility or the property occupied by the facility is prohibited. b. Emergency housing facilities – Additional conditions. Emergency housing facilities must operate pursuant to an agreement with the city, approved by the director of economic and community development, and are subject to the following additional conditions: i. The emergency housing facility must be located within a permanent, enclosed building. ii. The emergency housing facility must be located on a lot that is a minimum of one acre in size. 8.C.a Packet Pg. 60 Attachment: Ordinance 4410 KCC 15 (2794 : Ordinance Amending Chapter 15 of the Kent City Code consistent with House Bill 1220 – Adopt) 20 Amend Title 15 KCC - Re: Emergency Shelters and Housing c. Emergency shelter facilities – Additional conditions. Emergency shelter facilities must be located within a temporary structure as described below, and are subject to the following additional conditions: i. Emergency shelter facilities are limited to a maximum sleeping occupancy of 35 people. The design of the temporary structure shall include an occupant load factor of a minimum of 50 square feet per occupant and a three-foot aisle around the entire inside perimeter of the tent. ii. The emergency shelter facility must be located on a lot that is a minimum of two acres in size. iii. Emergency shelter facilities must be within a single, large temporary enclosure, such as a tensile membrane structure, or within multiple identical temporary enclosures, such as matching vinyl canvas tents, that are a minimum of 400 square feet in size. If the floor of a temporary enclosure does not provide insulation from the ground, camping cots or other off-ground sleeping structures must be provided. The use of small, individual tents or makeshift structures including, without limitation, those created with tarps or plastic is prohibited. iv. Gasoline-powered generators are prohibited. v. Smoking or open flames inside the temporary structure are prohibited, and the use of portable heaters within personal tents is prohibited. All heating equipment shall be in accordance with the adopted fire code. vi. Emergency shelter facilities shall provide sanitation and basic safety measures including the following: 8.C.a Packet Pg. 61 Attachment: Ordinance 4410 KCC 15 (2794 : Ordinance Amending Chapter 15 of the Kent City Code consistent with House Bill 1220 – Adopt) 21 Amend Title 15 KCC - Re: Emergency Shelters and Housing (a) One portable or permanent toilet per 20 persons at a minimum, with a handwashing station at each toilet. (b) Rodent-proof litter receptacles and food storage containers. (c) Two large first-aid kits that include emergency eye wash bottles. (d) Secured area for dry supplies storage (blankets, clothing, food, first-aid). (e) Covered kitchen area at least 20 feet from any sleeping areas, with handwashing and dishwashing stations stocked with soap. (f) Cleaning supplies including work gloves, disposable gloves, trash grabber-tool, disinfectant, hand sanitizer, masks, buckets, paper towels, etc. (g) Feminine hygiene products. (h) Three- to four-foot wide aisle between sleeping structures so as to be ADA compliant and accessible by emergency services personnel. 32. The following restrictions apply to all group homes: 8.C.a Packet Pg. 62 Attachment: Ordinance 4410 KCC 15 (2794 : Ordinance Amending Chapter 15 of the Kent City Code consistent with House Bill 1220 – Adopt) 22 Amend Title 15 KCC - Re: Emergency Shelters and Housing a. A group home is considered a single-family residential use and shall not be combined with another residential use on the same parcel including, but not limited to, a communal residence or short-term rental; b. A city of Kent business license is required in accordance with Chapter 5.01 KCC; c. The applicant is responsible for obtaining any relevant required state licenses and providing an up-to-date copy of any relevant up-to-date state license, or proof one is not required by the state, to the city of Kent prior to approval of a city business license; d. Family members of the provider may live in the group home, but such members are limited only to a spouse and children of the provider or spouse, and are subject to the background check requirements of WAC 388-73-10166 and 388-76-10161; and e. An accessory dwelling unit is permitted only if used as part of the operation of a group home and may not be leased or sub-leased to a separate family. f. Group homes functioning as permanent supportive housing are subject to a spacing requirement as follows: At the time of application for business license, there shall be no other approved group home functioning as permanent supportive housing located within 1,000 feet of the proposed group home functioning as supportive housing. There shall also be no public schools within 1,000 feet of the proposed group home functioning as supportive housing. For the purposes of this subsection, distance shall be measured in a straight line between the closest property line of the existing facility and the closest property line of the proposed facility. For purposes of 8.C.a Packet Pg. 63 Attachment: Ordinance 4410 KCC 15 (2794 : Ordinance Amending Chapter 15 of the Kent City Code consistent with House Bill 1220 – Adopt) 23 Amend Title 15 KCC - Re: Emergency Shelters and Housing this section, if the city receives applications for proposed facilities that are within 1,000 feet of each other, the first complete application received by the city shall be given priority. 33. The following restrictions apply to all communal residences: a. A city of Kent business license is required in accordance with Chapter 5.01 KCC; b. No more than three rooms within the home or accessory structure may be separately leased or sub-leased; and c. Each room being leased or sub-leased shall have adequate space, light, electricity, heating, emergency egress, a smoke detector, and access to adequate sanitation and eating facilities pursuant to the International Residential Code and International Property Maintenance Code as adopted in Chapter 14.01 KCC. Adequate space means floor area of no less than 70 square feet in size, no less than seven feet of ceiling height and shall not have any horizontal dimension less than seven feet. Egress means one emergency escape rescue opening at least 5.7 square feet, 24 inches high and 20 inches wide. 34. The following restrictions apply to short-term rentals: a. A city of Kent business license is required in accordance with Chapter 5.01 KCC; b. The home shall be occupied by the owner or a nontransient tenant for at least six months of each year; 8.C.a Packet Pg. 64 Attachment: Ordinance 4410 KCC 15 (2794 : Ordinance Amending Chapter 15 of the Kent City Code consistent with House Bill 1220 – Adopt) 24 Amend Title 15 KCC - Re: Emergency Shelters and Housing c. No more than three rooms within the home or accessory structure may be offered as short-term rentals; and d. The applicant is responsible for complying with the short-term rental requirements of Chapter 64.37 RCW. 35. Subject to an approved conditional use permit meeting the conditions set forth below, emergency housing facilities are allowed in the DC, DCE, MTC-1, MTC-2, and MCR, CM, GC and I1 zoning districts, and emergency shelters are not allowed in these same districts. Prior to opening, the requirements of RCW 35A.21.360(10) must be satisfied, whether or not the owner or operator is a religious organization. a. General conditions. Emergency housing facilities are subject to the following additional conditions: i. The emergency housing facility must be located within a permanent, enclosed building. ii. The emergency housing facility must be located on a lot that is a minimum of one acre in size. iii. Emergency housing facilities must operate pursuant to an agreement with the city, approved by the director of economic and community development. iv. At the time of application for the conditional use permit, there shall be no other approved emergency housing or shelter facility located within 1,000 feet of the proposed emergency housing facility site. For the purposes of this subsection, distance shall be measured in a straight 8.C.a Packet Pg. 65 Attachment: Ordinance 4410 KCC 15 (2794 : Ordinance Amending Chapter 15 of the Kent City Code consistent with House Bill 1220 – Adopt) 25 Amend Title 15 KCC - Re: Emergency Shelters and Housing line between the closest property line of the existing facility and the closest property line of the proposed facility. For purposes of this section, if the city receives applications for proposed facilities that are within 1,000 feet of each other, the first complete application received by the city shall be given priority. v. Emergency housing facilities shall be permitted to operate for a maximum of 90 consecutive days, and there shall be a minimum period of 90 consecutive days between operational periods during which the emergency housing facility does not operate. The 90-day period of nonoperation shall apply to the operation of any emergency housing facility followed by an emergency shelter facility and vice versa. vi. The person or organization that owns or operates the facility shall be primarily responsible for the operation and maintenance of the facility itself, as well as the conduct of the residents of the facility on and in the immediate vicinity of the lot, to the maximum extent permitted by law, regardless of whether the person or organization contracts with a third party for the provision of any services related to the facility itself or its residents. vii. The possession or use of illegal drugs at an emergency housing facility or the property occupied by the facility is prohibited. viii. Emergency housing facilities shall be responsible for the safety of residents of the facility, and shall establish a plan to remove individuals who present a threat to other residents or the property of other residents. 8.C.a Packet Pg. 66 Attachment: Ordinance 4410 KCC 15 (2794 : Ordinance Amending Chapter 15 of the Kent City Code consistent with House Bill 1220 – Adopt) 26 Amend Title 15 KCC - Re: Emergency Shelters and Housing ix. In the event of a public health emergency, the city may require an emergency response plan that is in substantial compliance with relevant guidance and requirements issued by Public Health – Seattle and King County in response to the public health emergency. x. Emergency housing facilities must comply with all applicable fire and building codes set forth in Chapters 13.01 and 14.01 KCC. xi. The owner or operator of the emergency housing facility must provide the city written documentation of the following: (a) A description of the proposed staffing and operational characteristics. (b) A description of the proposed population to be served and code of conduct to be observed including conflict resolution steps. (c) Criteria for rejection or removal of an individual seeking access to the facility. (d) A plan for managing the exterior appearance of the proposed site including trash/litter. (e) A phone number, email, and point of contact at the site of the facility for the community to report concerns. (f) A plan for addressing reported concerns and documenting resolution, and making this information publicly available. 8.C.a Packet Pg. 67 Attachment: Ordinance 4410 KCC 15 (2794 : Ordinance Amending Chapter 15 of the Kent City Code consistent with House Bill 1220 – Adopt) 27 Amend Title 15 KCC - Re: Emergency Shelters and Housing (g) A proposed site plan showing compliance with all requirements set forth in subsection (35) of this section and applicable fire and building codes set forth in Chapters 13.01 and 14.01 KCC. xii. Emergency housing facilities must have two naloxone (Narcan) kits on site, and staff must be trained in how to administer the naloxone (Narcan). xiii. The possession of any of the weapons described in RCW 9.41.280(1) at an emergency housing or shelter facility or the property occupied by the facility is prohibited. 36. Isolation and quarantine facilities are subject to the following general conditions: a. An isolation and quarantine facility may operate under a temporary use permit for 180 days as authorized by KCC 15.08.205. Any use beyond 180 days requires a conditional use permit in accordance with KCC. b. A minimum six-foot-tall perimeter fence with controlled access shall be installed prior to operation of the facility. c. On-site security personnel shall be present 24 hours a day, seven days a week to discourage quarantined or isolated individuals from leaving the facility and to control access. d. The operator shall provide meals, medical services, supplies, counseling, and other services as needed to individuals housed at the facility. 8.C.a Packet Pg. 68 Attachment: Ordinance 4410 KCC 15 (2794 : Ordinance Amending Chapter 15 of the Kent City Code consistent with House Bill 1220 – Adopt) 28 Amend Title 15 KCC - Re: Emergency Shelters and Housing e. The operator shall provide any necessary medical transportation service. f. The operator shall provide transportation for residents to and from the facility to ensure they are not reliant on public transportation. g. The possession or use of illegal drugs at an isolation and quarantine facility or the property occupied by the facility is prohibited. h. The facility will comply with applicable state and local building, plumbing, electrical, mechanical, utilities, and fire code requirements during operation of the temporary quarantine and isolation facility. i. Prior to the issuance of a temporary use permit or a conditional use permit, the operator of the isolation and quarantine facility shall provide the city a written operational plan that includes: i. A plan for meeting the general conditions listed in subsection (36) of this section. ii. A description of the proposed staffing and operational characteristics. iii. A description of the proposed population to be served. iv. A phone number, email, and point of contact at the site of the facility for the community to report concerns. 8.C.a Packet Pg. 69 Attachment: Ordinance 4410 KCC 15 (2794 : Ordinance Amending Chapter 15 of the Kent City Code consistent with House Bill 1220 – Adopt) 29 Amend Title 15 KCC - Re: Emergency Shelters and Housing v. A plan for addressing reported concerns and documenting resolution, and making this information publicly available. vi. A plan for transporting individuals back to their location of residence following the completion of the isolation or quarantine period. SECTION 5. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 7. – Effective Date. This ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. September 7, 2021 DANA RALPH, MAYOR Date Approved ATTEST: September 7, 2021 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted September 10, 2021 Date Published 8.C.a Packet Pg. 70 Attachment: Ordinance 4410 KCC 15 (2794 : Ordinance Amending Chapter 15 of the Kent City Code consistent with House Bill 1220 – Adopt) 30 Amend Title 15 KCC - Re: Emergency Shelters and Housing APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 8.C.a Packet Pg. 71 Attachment: Ordinance 4410 KCC 15 (2794 : Ordinance Amending Chapter 15 of the Kent City Code consistent with House Bill 1220 – Adopt) DATE: September 7, 2021 TO: Kent City Council SUBJECT: Accept the 2020 Asphalt Overlays Project as Complete - Authorize MOTION: I move to authorize the Mayor to accept the 2020 Asphalt Overlays Project as complete and release retainage to Tucci & Sons Inc. upon receipt of standard releases from the State and the release of any liens. SUMMARY: This project included constructing ADA curb ramps, minor curb and sidewalk repairs, planing bituminous pavement, asphalt overlays and other related work items. The final contract total paid was $1,859,261.94 which is $22,775.56 under the original contract amount of $1,882,037.50. BUDGET IMPACT: The project was paid for using budgeted B&O Tax Funds and Solid Waste Utility Tax Funds. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. 8.D Packet Pg. 72 DATE: September 7, 2021 TO: Kent City Council SUBJECT: Authorize the Use of accessoShoWare Center Operating Fund Balance for Capital Repair and Replacement - Authorize MOTION: I move to authorize the use of $338,925 of the accessoShoWare operating fund balance for the repair and replacement of capital assets, to include the scoreboard, arc flash test, administration carpet and transformer for fiscal year 2021. SUMMARY: During the Committee of the Whole meeting on February 9th, 2021, Council approved the use of $300,000 out of the accessoShoWare’s operating fund balance to pay for the remaining cost of the scoreboard. The Finance Department pledged to come back to Council in the future with a proposal for the use of the accessoShoWare operating fund balance. Since the accessoShoWare Center opened in 2009, admissions tax for the accessoShoWare Center and the Thunderbirds have been transferred from the General Fund to the City’s accessoShoWare Center operating fund. A portion of these funds have been accumulating in fund balance which currently nears $3 million. Of that current balance, $545,000 is CARES funding reserved for reopening expenses, which leaves approximately $2.4 million in fund balance. In addition to the transfer of admissions tax to the accessoShoWare Center operating fund, the City’s General Fund also contributes $300,000 annually to the fund for lifecycle maintenance. In addition to the already approved capital expenditures for 2021, a Capital Improvement Plan has been established proposing the use of approximately $2,946,075 for the repair and replacement of capital assets for fiscal years 2021 through 2025. This Capital Plan will be funded by using a combination of the accessoShoWare operating fund balance, both current and future, and annual lifecycle maintenance funds. The following capital repairs and replacements are proposed the next four years: scoreboard, arc flash test, administration carpet, transformer for show power, chain motors, ice deck covering, concession stand branding, marquee, basketball court restoration, new building for storage, gate and fence repair, television units, stage and blackout curtains, kitchen/concession equipment, folding chairs for floor seating, suite furniture, heat exchange ice plant, and ribbon boards. 8.E Packet Pg. 73 In 2021, the additional capital asset repair and replacements of the scoreboard, arc flash test, administration carpet and transformer total $338,925. The remainder of the Capital Plan which totals $2,607,150 will be included as part of the proposed budget each year in the accessoShoWare operating fund. BUDGET IMPACT: Use of $338,925 of accessoShoWare operating fund balance for capital asset repair and maintenance for fiscal year 2021. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. ShoWare Capital Repair-Replacement Plan (PDF) 08/24/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 9/7/2021 7:00 PM 8.E Packet Pg. 74 Capital Projects through 2025 8.E.a Packet Pg. 75 Attachment: ShoWare Capital Repair-Replacement Plan (2822 : Authorize the Use of accesso Showare Center Capital Repair & Replacement Schedule Project Type 2021 2022 2023 2024 2025 Total Percentage Audio/Visual(Ribbon Board,Scoreboard,TVs) $ 184,575 $ -$ 231,000 $ -$ -$ 415,575 14.1% Electrical(arc Flash Test, Transformer)101,850 ----101,850 3.5% HVAC Mechanical( Heat Exchanger)----399,000 399,000 13.5% FFE(Chairs,BB Court,Ice Deck, furniture)-322,350 65,100 65,100 42,000 494,550 16.8% Food&Beverage(Kitchen/Concession eqpt.-78,750 157,500 157,500 157,500 551,250 18.7% General Building(Carpet concessions,Storage)52,500 315,000 ---367,500 12.5% Site (gate repair)-65,100 ---65,100 2.2% Specialty Item(chain motor,Marquee,Curtain)-204,750 346,500 --551,250 18.7% Gross Project Costs $ 338,925 $ 985,950 $ 800,100 $ 222,600 $ 598,500 $ 2,946,075 100.0% 5% Contingencies $ -$ -$ -$ -$ ----- Adjusted Total Project Costs $ 338,925 $ 985,950 $ 800,100 $ 222,600 $ 598,500 ---- Cumulative Project Costs $ 338,925 $ 1,324,875 $ 2,124,975 $ 2,347,575 $ 2,946,075 ---- $338,925 $1,324,875 $2,124,975 $2,347,575 $2,946,075 $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 2021 2022 2023 2024 2025 Capital Repair & Replacement Cumulative Requirements 8.E.a Packet Pg. 76 Attachment: ShoWare Capital Repair-Replacement Plan (2822 : Authorize the Use of DATE: September 7, 2021 TO: Kent City Council SUBJECT: First Addendum to Lease with Half Lion Public House, LLC at the Riverbend Golf Complex - Authorize MOTION: I move to authorize the Mayor to execute the first addendum to the Retail Lease with Half Lion Public House, LLC at the Riverbend Golf Complex, as presented by staff, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: COVID-19 has, and continues to have, profound affects on local businesses, specifically those in the food and beverage industry. Since March 11, 2020, the State of Washington has imposed very strict regulations when it comes to holding large events, social gatherings, and indoor dining; up to and including entirely prohibiting them, limiting restaurant’s ability to operate and/or earn income. Together, City staff and Half Lion Public House have negotiated an amendment to Half Lion’s Retail Lease Agreement at Kent’s Riverbend Golf Complex, as well as addressed a few emerging, non-COVID related items. BUDGET IMPACT: Loss to the Golf fund. SUPPORTS STRATEGIC PLAN GOAL: Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Half_ Lion_ Lease-Addendum_1 (DOCX) 08/24/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 9/7/2021 7:00 PM 8.F Packet Pg. 77 RIVERBEND GOLF COMPLEX FIRST ADDENDUM TO RETAIL LEASE THIS FIRST ADDENDUM is made to the RETAIL LEASE by and between the city of Kent, a Washington municipal corporation (hereinafter referred to as the “Landlord”), and Half Lion Public House, L.L.C., d/b/a Half Lion Public House, a Washington limited liability corporation (hereinafter referred to as the “Tenant”) for certain real property and improvements at the Riverbend Clubhouse, located at 2019 W. Meeker St., Kent, Washington, 98032. This First Addendum alters the terms of the Retail Lease entered into between Landlord and Tenant on or about February 22, 2019 (the “Retail Lease”). I. RECITALS 1.1 On February 29, 2020, Washington’s Governor issued Proclamation 20- 05, proclaiming a State of Emergency for all counties throughout the state of Washington as a result of the coronavirus disease 2019 (COVID-19) outbreak in the United States. On March 23, 2020, the Governor issued a “Stay Home - Stay Healthy” order through Proclamation 20-25, which generally prohibited all people in Washington State from leaving their homes, except for essential activities, prohibited all public and private gatherings, and mandated closure of all non-essential businesses, including golf courses and associated bars and restaurants. 1.2 On May 4, 2020, the Governor issued Proclamation 20-25.3, which began the transition from “Stay Home – Stay Healthy,” to “Safe Start – Stay Healthy,” which included a plan for a county-by-county phased reopening. This Proclamation, together with all subsequent amendments and iterations to the Governor’s “Stay Home – Stay Healthy” County-by-County Phased Reopening, are hereinafter referred to as “the Governor’s Reopening Plan”. The Governor’s Reopening Plan provided for four phases of reopening, each with specific restrictions on businesses and public gatherings that affected the operations of the Riverbend Clubhouse. Only Phases 2 through 4 allowed bars and restaurants to operate dine-in services, and some of those phases had specific requirements and significant restrictions on dining and levels of service. 1.3 However, on November 15, 2020, due to a large surge of new cases of COVID-19, increased hospitalizations, and ongoing COVID-19 related deaths in Washington State, the Governor issued Proclamation 20-25.8, which rolled-back the county-by-county phased reopening and closed all indoor dine-in service and limited outdoor dining. 1.4 During 2020, indoor dining was completely prohibited in the months of March through May, and golf courses were not permitted to operate until May. Although golf course operations were allowed, indoor dining was only permitted, on a reduced basis, beginning in June of 2020. Between June and October, indoor dining was permitted at 25% capacity, with reduced hours and table size limits. Between 8.F.a Packet Pg. 78 Attachment: Half_ Lion_ Lease-Addendum_1 (2816 : First Addendum to Lease with Half Lion Public House, LLC at the Riverbend Golf Complex FIRST ADDENDUM TO RETAIL LEASE Page 2 of 10 November of 2020 and January of 2021, indoor dining was again completely prohibited. 1.5 On January 11, 2021, the Governor issued Proclamation 20-25.12, which amended and renamed the Governor’s Reopening Plan to “Healthy Washington – Roadmap to Recovery” and placed every county in Washington under Phase 1. Under Phase 1, indoor dining was prohibited and limited outdoor dining was permitted, with restrictions. Shortly thereafter, on February 1, 2021, King County moved into Phase 2 of the Roadmap to Recovery, which allowed indoor dining at 25% capacity, but with restricted hours, table size limits, and other safety precautions. On March 22, 2021, King County moved into Phase 3, which increased indoor dining to 50% capacity or 400 people, whichever capacity is less. As of June 30, 2021, bars and restaurants were permitted to return to normal capacity and operations without restriction. 1.6 During the times in which Tenant was permitted to operate the restaurant at reduced capacity, additional limitations and challenges on its operations included: • Limited operating hours; • Table limits; • Household limits per table; • Required limits on customer alcohol consumption; • Number of times a table can be turned; • Inability to use bar areas; • Forced single use menus or other electronic menu apps/QR codes; • Forced administrative burdens, including contact tracing, address collection, plan development; • Delays and additional cost in product or food manufacturing or delivery; • Consumer fears and behaviors, including lag when changing phases; • Constantly changing start up and shut down costs; • Indirect impact to employees, such as issues with day care, unemployment, etc.; • Increased cleaning protocols and mandates; • Restrictions on live entertainment or gathering in general; • Loss of customers due to other restrictions (no sports at Hogan Field, no events at ShoWare, etc.); • Space limitations due to capacity of restaurant and need to maintain social distancing; • Increased cost for packaging and presenting food differently; • Inability to buy bulk or discounted supplies/food due to decreased capacity; • Costs of social distancing protections on site, including outdoor tents, outdoor heaters, dividers, etc.; and • High cost of food delivery services to both the restaurant and consumer. 8.F.a Packet Pg. 79 Attachment: Half_ Lion_ Lease-Addendum_1 (2816 : First Addendum to Lease with Half Lion Public House, LLC at the Riverbend Golf Complex FIRST ADDENDUM TO RETAIL LEASE Page 3 of 10 1.7 Landlord believes the benefit of having a restaurant on-site at the golf course is critical to the course’s financial success and long-term viability. It is clear from golfer surveys that the continued operation of the restaurant is a significant factor in a golf patron’s decision to play at Riverbend or at another golf course. Currently, there is no competitive market for restaurant/bar leases due to unprecedented business closures brought on by the catastrophic and immediate revenue losses experienced by the food service industry due to COVID-19. Should Tenant’s business within the golf course no longer remain viable, the ability of Landlord to replace Tenant in a commercially reasonable timeframe is unlikely. As such, Landlord believes it is in its best interests to reasonably help Tenant, an established entity within the region, maintain a viable restaurant business at Riverbend as indoor dining returns to normal capacity and operations. 1.8 It is clear from discussions between Landlord and Tenant that Tenant has experienced significant financial burdens operating the restaurant as a direct result from the operational limitations imposed by the State to address the COVID- 19 outbreak. It is equally clear that without some reduction in Tenant’s monetary obligations to Landlord pursuant to the Retail Lease that any continued operation of the restaurant by Tenant may not be sustainable. 1.9 In consideration of the unprecedented restrictions on service provided at the Riverbend Clubhouse, and the waiver of potential legal avenues Tenant may have been able to explore to rescind or terminate the Retail Lease due to the occurrence of the COVID-19 pandemic, Landlord and Tenant have agreed that the Retail Lease will continue through its remaining term, subject to the terms and provisions in this First Addendum. II. ADDENDUM For the reasons stated above, the Landlord and Tenant agree and covenant that the following provisions shall govern and supersede any contradictory terms of the Retail Lease: 2.1 Monthly Rent Waiver. From March 1, 2020 and until August 31, 2021 (“Rent Waiver Period”), Monthly Rent in the amount of $3,000 shall be waived, and Tenant shall not be assessed any late charges on Monthly Rent. Tenant shall be responsible for 100% of all leasehold excise tax accrued up to the effective date of this First Addendum, as well as that which will become due going forward. During the Rent Waiver Period, leasehold excise tax shall be based on the $3,000 Monthly Rent. Tenant shall pay the total past due leasehold excise tax to the City either in a lump sum within 30 days following the effective date of this First Addendum, or may elect to pay the total past due amount in equal monthly installments along with current monthly payments. Such past due amounts shall not be subject to any late charges. Provided, however, if Tenant elects to pay in monthly installments, the total amount past due when this First Addendum becomes effective shall be paid in full no later than March 1, 2022, and if Tenant fails to pay such amounts in full by this date, late charges shall begin to accrue on any remaining past due amounts thereafter. 8.F.a Packet Pg. 80 Attachment: Half_ Lion_ Lease-Addendum_1 (2816 : First Addendum to Lease with Half Lion Public House, LLC at the Riverbend Golf Complex FIRST ADDENDUM TO RETAIL LEASE Page 4 of 10 Tenant’s first Monthly Rent payment following the Rent Waiver Period shall be made on September 1, 2021. Tenant shall pay 100% of the Monthly Rent and leasehold excise tax, and the parties shall fully comply with all other provisions of the Retail Lease consistent with this First Addendum. The amount of Monthly Rent due at the end of the Rent Waiver Period shall be that amount reflected within Exhibit E, as amended by this First Addendum. While the City believes its waiver of Monthly Rent and basis for calculating ongoing leasehold excise tax amounts during the Rent Waiver Period are permissible, Tenant shall be ultimately responsible for any leasehold excise tax that the State deems to be due based on the Retail Lease and this First Addendum, including any assessed penalties, interest, and late fees. 2.2 Payment of Utilities. A. 2020-2021 Zero Occupancy Months. During the months in which indoor dining was prohibited, the City’s operation of its golf course represented the large majority of utility consumption. Because Tenant’s operations consumed only minimal utilities during these months, Tenant shall pay 13.5% of the utility charges for the months of March, April, and May of 2020, and 12% of the utility charges for the months of November and December of 2020 and January 2021. B. Utility Usage Audit. Landlord and Tenant conducted a utility usage audit. As a result of that audit, starting June 1, 2020, Tenant shall be responsible for 40% of all utility charges. As a result, for the months of June 2020 through October 2020, and February 2021 and each month thereafter, Tenant shall pay 40% of the utility charges. Landlord and Tenant agree to conduct another utility audit for the year 2021. Following the 2021 audit, utility consumption may be audited for potential adjustment upon mutual agreement of the parties. C. Payment of Past Due Utilities. Tenant has experienced significant financial burdens operating the restaurant as a direct result from the operational limitations imposed by the State to address the COVID-19 outbreak. Due to these operational limitations, Tenant has been unable to pay its share of the utility charges. In consideration of its strong desire to retain Tenant as the operator of the golf course restaurant, to ensure that the community retains a successful golf course venue, and in recognition of Tenant’s willingness to operate as best as possible during such challenging economic times consistent with public health guidelines, Landlord agrees to a five (5) year payback plan for all past due utility charges in the estimated principal amount of $35,355. At the time this First Addendum was executed, the actual utility charges for the months of July and August of 2021 were not yet known. As such, utility charges for those two months were estimated. Tenant agrees to pay all outstanding utility charges without penalty, consistent with this First Addendum, within five (5) years of September 1, 2021, with such past due charges incurring 8% interest per annum. Tenant shall pay a minimum of $717.00 per month toward these past due charges, which amount may be adjusted once the actual utility charges for the months of July and August of 2021 become known in order to ensure that all 8.F.a Packet Pg. 81 Attachment: Half_ Lion_ Lease-Addendum_1 (2816 : First Addendum to Lease with Half Lion Public House, LLC at the Riverbend Golf Complex FIRST ADDENDUM TO RETAIL LEASE Page 5 of 10 outstanding utility charges are paid in full within five (5) years of September 1, 2021. Tenant shall not incur any prepayment penalty or other charge for paying the total past due utility charges prior to end of this five (5) year term. Landlord shall keep a separate accounting of all such payments. A preliminary amortization schedule is attached and incorporated as Exhibit F, however, this preliminary amortization schedule will be updated to reflect the actual utility charges for July 2021 and August 2021 once known. Once the amortization schedule is updated and finalized, it shall replace the preliminary version attached as Exhibit F and become a part of this First Addendum. Landlord will provide an updated amortization schedule no later than 30 days from August 30, 2021, due to the lag time in utility billing from providers. 2.3 Annual Rent Increase Schedule Suspension. Exhibit E to the Retail Lease is amended and replaced with that version attached and incorporated to this First Addendum. As provided therein, annual rent increases shall begin on June 6, 2023. 2.4 Additional Premises. Landlord grants Tenant a revocable license to use ten (10) dedicated parking stalls, the location of which is as depicted in the attached and incorporated Exhibit A-1. Design, purchase, installation, and maintenance of the signage for these dedicated parking stalls shall be the responsibility of Tenant, upon advance notice to and acceptance by the Landlord of the Tenant’s final design and installation method and location, which acceptance shall not be unreasonably withheld, conditioned or delayed. Landlord shall also provide approximately 85 square feet of additional space and small storage at the Riverbend Driving Range, as generally depicted in the attached and incorporated Exhibit A-2, for the purpose of providing limited food and beverage service to driving range customers. This space shall be considered part of the Premises, as defined in the Retail Lease. 2.5 Further Considerations. Due to the unprecedented nature of the COVID-19 pandemic, current and potential limitations on restaurant operations, the parties agree to negotiate in good faith if current government restrictions on restaurant operations continue, if additional restrictions are placed on restaurant operations, or if Tenant receives financial relief from federal, state, county, or local government COVID-19 relief programs. Toward that end, Tenant agrees to apply for available COVID-19 relief funds that may be available at the federal, state, or local level and to advise the City of any relief funds awarded to Tenant. 2.6 City Administration of Lease. The City of Kent Mayor or Parks Director (or their designee) shall have all authority necessary to carry out the terms of the Retail Lease, including the terms of this First Addendum, and to make general operating decisions concerning the Riverbend Golf Course, the Clubhouse, and Tenant’s bar and restaurant services in accordance with the terms of the Retail Lease. Excluding significant amendments to the Retail Lease that affect its Term or Monthly Rent, the authority of the Parks Director or designee shall include the ability to execute on behalf of the Landlord any mutually agreed upon additional amendments or addendums to the Retail Lease necessary to ensure the continued operation of the 8.F.a Packet Pg. 82 Attachment: Half_ Lion_ Lease-Addendum_1 (2816 : First Addendum to Lease with Half Lion Public House, LLC at the Riverbend Golf Complex FIRST ADDENDUM TO RETAIL LEASE Page 6 of 10 Riverbend Clubhouse, provided the City Council is informed of the execution of such amendments or addendums as soon as reasonably possible. 2.7 Ratification. All acts consistent with the authority of this First Addendum and prior to its effective date are ratified and affirmed. 2.8 Remaining Provisions. Except as specifically addressed by this First Addendum, all remaining provisions of the Retail Lease shall remain in full force and effect. If any terms or provisions of this First Addendum conflict with those of the Retail Lease, the terms and provisions of this First Addendum shall control. 2.9 Authority. The parties whose names appear below swear and affirm that they are authorized to enter into this First Addendum, which is binding on the parties of the Retail Lease and shall become effective on the last date written below. HALF LION PUBLIC HOUSE, LLC: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Its (title) DATE: Approved as to Form: Kent City Attorney’s Office Attest: Kent City Clerk 8.F.a Packet Pg. 83 Attachment: Half_ Lion_ Lease-Addendum_1 (2816 : First Addendum to Lease with Half Lion Public House, LLC at the Riverbend Golf Complex FIRST ADDENDUM TO RETAIL LEASE Page 7 of 10 EXHIBIT A-1 (NEW) VISUAL REPRESENTATION OF PREMISES - PARKING SPACES AT THE CHAMPIONSHIP 18 GOLF COURSE 8.F.a Packet Pg. 84 Attachment: Half_ Lion_ Lease-Addendum_1 (2816 : First Addendum to Lease with Half Lion Public House, LLC at the Riverbend Golf Complex FIRST ADDENDUM TO RETAIL LEASE Page 8 of 10 EXHIBIT A-2 (NEW): VISUAL REPRESENTATION OF PREMISES SPACE AT THE DRIVING RANGE 8.F.a Packet Pg. 85 Attachment: Half_ Lion_ Lease-Addendum_1 (2816 : First Addendum to Lease with Half Lion Public House, LLC at the Riverbend Golf Complex FIRST ADDENDUM TO RETAIL LEASE Page 9 of 10 EXHIBIT E (REVISED): ANNUAL RENT INCREASE SCHEDULE Rent Formula = Monthly Base Rent + 12.84% Leasehold Tax = Total Monthly Base Rent In addition to total base monthly rent, Tenant will submit reinbursement for identified portion of utility consumption (per 6.0) Minimum of 3.0% CPI Inflation/Growth each year based on Commencement Date. FIRST TEN YEAR TERM (2019-2028)ANNUAL BASE RENT MONTH ANNUAL Year 1 $3,000 12.84%$3,385 $36,000 $ Increase from Prior Year -- Year 2*$3,000 12.84%$3,385 $36,000 $ Increase from Prior Year $0 $0 Year 3*$3,000 12.84%$3,385 $36,000 $ Increase from Prior Year $0 $0 Year 4*$3,000 12.84%$3,385 $36,000 $ Increase from Prior Year $0 $0 Year 5 $3,090 12.84%$3,487 $37,080 $ Increase from Prior Year $90 $1,080 Year 6 $3,183 12.84%$3,591 $38,192 $ Increase from Prior Year $93 $1,112 Year 7 $3,278 12.84%$3,699 $39,338 $ Increase from Prior Year $95 $1,146 Year 8 $3,377 12.84%$3,810 $40,518 $ Increase from Prior Year $98 $1,180 Year 9 $3,478 12.84%$3,924 $41,734 $ Increase from Prior Year $101 $1,216 Year 10 $3,582 12.84%$4,042 $42,986 $ Increase from Prior Year $104 $1,252 FIRST 5-YEAR OPTION TO EXTEND (2029-2033)ANNUAL BASE RENT MONTH ANNUAL Note: Base rent subject to change beyond 3% minimum (max of 6%) - due to market demand/value. Year 11 $3,690 12.84%$4,163 $44,275 $ Increase from Prior Year $107 $1,290 Year 12 $3,800 12.84%$4,288 $45,604 $ Increase from Prior Year $111 $1,328 Year 13 $3,914 12.84%$4,417 $46,972 $ Increase from Prior Year $114 $1,368 Year 14 $4,032 12.84%$4,549 $48,381 $ Increase from Prior Year $117 $1,409 Year 15 $4,153 12.84%$4,686 $49,832 $ Increase from Prior Year $121 $1,451 SECOND 5-YEAR OPTION TO EXTEND (2034-2038)ANNUAL BASE RENT MONTH ANNUAL Note: Base rent subject to change beyond 3% minimum (max of 10%) - due to market demand/value. Year 16 $4,277 12.84%$4,826 $51,327 $ Increase from Prior Year $125 $1,495 Year 17 $4,406 12.84%$4,971 $52,867 $ Increase from Prior Year $128 $1,540 Year 18 $4,538 12.84%$5,120 $54,453 $ Increase from Prior Year $132 $1,586 Year 19 $4,674 12.84%$5,274 $56,087 $ Increase from Prior Year $136 $1,634 Year 20 $4,814 12.84%$5,432 $57,769 $ Increase from Prior Year $140 $1,683 THIRD 5-YEAR OPTION TO EXTEND (2039-2043)ANNUAL BASE RENT MONTH ANNUAL Note: Base rent subject to change beyond 3% minimum (max of 13%) - due to market demand/value. Year 21 $4,959 12.84%$5,595 $59,503 $ Increase from Prior Year $144 $1,733 Year 22 $5,107 12.84%$5,763 $61,288 $ Increase from Prior Year $149 $1,785 Year 23 $5,261 12.84%$5,936 $63,126 $ Increase from Prior Year $153 $1,839 Year 24 $5,418 12.84%$6,114 $65,020 $ Increase from Prior Year $158 $1,894 Year 25 $5,581 12.84%$6,297 $66,971 $ Increase from Prior Year $163 $1,951 *Years 1-4 are modified to reflect no CPI until 2023, per lease amendment No. 1. 8.F.a Packet Pg. 86 Attachment: Half_ Lion_ Lease-Addendum_1 (2816 : First Addendum to Lease with Half Lion Public House, LLC at the Riverbend Golf Complex FIRST ADDENDUM TO RETAIL LEASE Page 10 of 10 EXHIBIT F (NEW): PRELIMINARY AMORTIZATION PAYMENT SCHEDULE ON UTILITY PAY BACK *Subject to change when final July 2021 and August 2021 utilities are finalized and invoiced. Loan Info Loan Summary Loan Amount 35,355 Scheduled Payment 717 Annual Interest rate 8.00%Number of scheduled payments 60 Term 5 Number of Payments/Yr 12 Total Early Payments - Start date 9/1/2021 Total Interest 7,657 Pmt No. Payment Date Beginning Balance Schedule d Payment Extra Paymt Total Payment Principal Interest Ending Balance 1 10/1/2021 35,355 717 - 717 481 236 34,874 2 11/1/2021 34,874 717 - 717 484 232 34,390 3 12/1/2021 34,390 717 - 717 488 229 33,902 4 1/1/2022 33,902 717 - 717 491 226 33,411 5 2/1/2022 33,411 717 - 717 494 223 32,917 6 3/1/2022 32,917 717 - 717 497 219 32,420 7 4/1/2022 32,420 717 - 717 501 216 31,919 8 5/1/2022 31,919 717 - 717 504 213 31,415 9 6/1/2022 31,415 717 - 717 507 209 30,907 10 7/1/2022 30,907 717 - 717 511 206 30,396 11 8/1/2022 30,396 717 - 717 514 203 29,882 12 9/1/2022 29,882 717 - 717 518 199 29,365 13 10/1/2022 29,365 717 - 717 521 196 28,843 14 11/1/2022 28,843 717 - 717 525 192 28,319 15 12/1/2022 28,319 717 - 717 528 189 27,791 16 1/1/2023 27,791 717 - 717 532 185 27,259 17 2/1/2023 27,259 717 - 717 535 182 26,724 18 3/1/2023 26,724 717 - 717 539 178 26,185 19 4/1/2023 26,185 717 - 717 542 175 25,643 20 5/1/2023 25,643 717 - 717 546 171 25,097 21 6/1/2023 25,097 717 - 717 550 167 24,548 22 7/1/2023 24,548 717 - 717 553 164 23,994 23 8/1/2023 23,994 717 - 717 557 160 23,437 24 9/1/2023 23,437 717 - 717 561 156 22,877 25 10/1/2023 22,877 717 - 717 564 153 22,312 26 11/1/2023 22,312 717 - 717 568 149 21,744 27 12/1/2023 21,744 717 - 717 572 145 21,172 28 1/1/2024 21,172 717 - 717 576 141 20,597 29 2/1/2024 20,597 717 - 717 580 137 20,017 30 3/1/2024 20,017 717 - 717 583 133 19,434 31 4/1/2024 19,434 717 - 717 587 130 18,846 32 5/1/2024 18,846 717 - 717 591 126 18,255 33 6/1/2024 18,255 717 - 717 595 122 17,660 34 7/1/2024 17,660 717 - 717 599 118 17,061 35 8/1/2024 17,061 717 - 717 603 114 16,458 36 9/1/2024 16,458 717 - 717 607 110 15,851 37 10/1/2024 15,851 717 - 717 611 106 15,239 38 11/1/2024 15,239 717 - 717 615 102 14,624 39 12/1/2024 14,624 717 - 717 619 97 14,005 40 1/1/2025 14,005 717 - 717 624 93 13,381 41 2/1/2025 13,381 717 - 717 628 89 12,753 42 3/1/2025 12,753 717 - 717 632 85 12,122 43 4/1/2025 12,122 717 - 717 636 81 11,486 44 5/1/2025 11,486 717 - 717 640 77 10,845 45 6/1/2025 10,845 717 - 717 645 72 10,201 46 7/1/2025 10,201 717 - 717 649 68 9,552 47 8/1/2025 9,552 717 - 717 653 64 8,899 48 9/1/2025 8,899 717 - 717 658 59 8,241 49 10/1/2025 8,241 717 - 717 662 55 7,579 50 11/1/2025 7,579 717 - 717 666 51 6,913 51 12/1/2025 6,913 717 - 717 671 46 6,242 52 1/1/2026 6,242 717 - 717 675 42 5,567 53 2/1/2026 5,567 717 - 717 680 37 4,887 54 3/1/2026 4,887 717 - 717 684 33 4,203 55 4/1/2026 4,203 717 - 717 689 28 3,514 56 5/1/2026 3,514 717 - 717 693 23 2,820 57 6/1/2026 2,820 717 - 717 698 19 2,122 58 7/1/2026 2,122 717 - 717 703 14 1,420 59 8/1/2026 1,420 717 - 717 707 9 712 60 9/1/2026 712 717 - 717 712 5 - 8.F.a Packet Pg. 87 Attachment: Half_ Lion_ Lease-Addendum_1 (2816 : First Addendum to Lease with Half Lion Public House, LLC at the Riverbend Golf Complex DATE: September 7, 2021 TO: Kent City Council SUBJECT: Supplemental Parks Property Levy Agreement - Authorize MOTION: I move to authorize the Mayor to sign a supplemental property tax levy agreement with King County, and receive funds in the amou nt of $1,440,000, to help fund improvements to the Green River Trail, subject to final terms and conditions acceptable to the City Attorney and Parks Director. SUMMARY: On August 6, 2019, the King County voters approved Proposition No. 1 Parks Levy that authorized an additional six-year (2020-2025) property tax levy for specified park purposes, including the improvement of parks, development of regional trails, and enhancement of recreation, access, and mobility in King County. This supplemental agreement authorizes and facilitates reimbursement of additional funds by King County to the City of Kent Parks Department, to assist with funding construction of a segment of the Green River Trail. The County will reimburse the City for costs and expenses identified in Exhibit 1 and incurred by the City, up to $1,440,000. These funds will help build the “missing link” of the Green River Trail, a stretch located at the Union Pacific Railroad near Foster Park. BUDGET IMPACT: Revenue and expense impact to the King County Levy 2020-2025 capital budget. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 8.G Packet Pg. 88 1. PK-Supplemental Parks Levy Agmt-EXHIBIT (PDF) 08/24/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 9/7/2021 7:00 PM 8.G Packet Pg. 89 Page 1 of 9 SUPPLEMENTAL PARKS PROPERTY TAX LEVY AGREEMENT between the Parks and Recreation of the King County Department of Natural Resources and Parks and the City of Kent This AGREEMENT (“Agreement”) is made and entered by and between King County, a home rule charter county, through the Parks and Recreation Division of the Department of Natural Resources and Parks, (hereinafter the "County" or “King County”) and the City of Kent (the “City”), a non-charter code city and municipal corporation organized pursuant to RCW Title 35A. The County and the City are singularly referred to as a “Party” and collectively referred to as the “Parties”. RECITALS A. On August 6, 2019, the King County voters approved Proposition No. 1 Parks Levy that authorized an additional six-year (2020-2025) property tax levy for specified park purposes, including the improvement of parks, development of regional trails, and enhancement of recreation, access, and mobility in King County. B. On February 10, 2021, the Parties executed a Parks Property Tax Levy Agreement (“Levy Agreement”) to establish the terms and conditions governing the distribution of levy proceeds, identified in King County Ordinance 18890, to the cities and towns of King County, Washington. C. King County is a home rule charter county that, among other things, provides regional and rural parks, recreation, and sports facilities for public use. RCW 36.89.030 authorizes King County to establish, acquire, develop, construct, and improve open space, park, recreation, and community facilities, including bicycle trails and bridal paths. D. The City is a non-charter code city and municipal corporation organized pursuant to RCW Title 35A, with all of the applicable rights, powers, privileges, duties, and obligations of a non-charter code city as established by law. E. The City supports the development of public recreational facilities and desires to enhance trail connections between the southerly intersection of the Green River Trail and the Interurban Trail with the intersection of 3rd Avenue South 259th Street. F. RCW 36.89.050 authorizes King County to participate with other local governments in the financing, acquisition, construction, development, improvement, use, maintenance and operation of open space, park, recreation, and community facilities. G. Under King County Code, Section 2.16.045.E.1, the duties of King County include providing active recreation facilities by facilitating agreements with other jurisdictions and entities. 8.G.a Packet Pg. 90 Attachment: PK-Supplemental Parks Levy Agmt-EXHIBIT (2824 : Supplemental Parks Property Levy Agreement - Authorize) 2020-2025 Parks Levy City of Kent Supplemental Agreement Green River Trail Page 2 of 9 H. The Parties intend by this Agreement to establish their respective rights, roles, and responsibilities regarding the allocated money. NOW, THEREFORE, in consideration of the promises and commitments made herein, the County and the City agree as follows: AGREEMENT 1. PARTIES. The Parties to this Agreement are the County and the City. There are no other Parties and no third-party beneficiaries. The Parties' representatives are identified below. All communication, notices, coordination, and other aspects of this Agreement shall be managed by the Parties' representatives. Either Party may change or substitute its representative at any time during the term of this Agreement by providing written notice to the other Party. King County's representative is: The City’s representative is: Heidi Kandathil, Spec. Projects Mgr. Terry Jungman, Park Planning and Dev. Mgr. Parks and Recreation Division City of Kent 201 South Jackson Street, #500 220 Fourth Avenue South Seattle, WA 98104-3855 Kent, WA 98032 Mailstop – KSC-NR-5207 Heidi.Kandathil@kingcounty.gov TJungman@KentWA.gov (206) 263-1032 (253) 856-5112 2. TERM. Unless amended pursuant to Section 20, or unless terminated as provided herein, the term of this Agreement shall commence on the date it is fully executed, and end upon the earlier of the conclusion of the project identified in Exhibit 1 or December 31, 2025. Once this Agreement is authorized and signed, amendments to the term of this Agreement or the proposed schedule, tasks, and deliverables provided for in Exhibit 1 may be approved by the City’s Mayor and the Director of the County’s Parks and Recreation Division without further authorization from the Kent City Council or the Metropolitan King County Council. Amendments to the funding provided for through this Agreement shall be authorized as each public agency’s municipal code may require. 3. CONSIDERATION. A. The County will reimburse the City, with the allocated levy funds, for costs and expenses identified in Exhibit 1 and incurred by the City, up to One-Million-Four- Hundred-Forty-Thousand Dollars ($1,440,000). B. Invoices. The City will submit written invoices to the County, sent no more frequent than monthly, which shall be paid by the County within thirty (30) days of receipt. Invoices will be submitted to the County representative at the address specified in Section 1 of this Agreement. C. Reporting. On or before April 1 each year this Agreement is in effect, the City will provide the County’s representative, identified in Section 1, with a written report detailing the use of the allocated levy funds in the prior year. 8.G.a Packet Pg. 91 Attachment: PK-Supplemental Parks Levy Agmt-EXHIBIT (2824 : Supplemental Parks Property Levy Agreement - Authorize) 2020-2025 Parks Levy City of Kent Supplemental Agreement Green River Trail Page 3 of 9 4. USE OF FUNDS. All funds remitted hereunder to the City shall be used only and solely for the purpose of reimbursing expenses incurred by the City for those activities identified in Exhibit 1. 5. METROPOLITAN KING COUNTY COUNCIL APPROPRIATION CONTINGENCY. The County’s performance under this Agreement beyond the 2021-2022 appropriation biennium is contingent on the future appropriation by the Metropolitan King County Council of sufficient funds to carry out the performance contemplated herein. Should such sufficient funding not be approved, as determined by the County in its sole discretion, this Agreement shall terminate on December 31 of the then-applicable biennium for which sufficient funding has been appropriated. 6. DISPUTE RESOLUTION. In the event any dispute regarding this Agreement cannot be resolved by informal methods, then prior to commencing litigation or taking any administrative action, the aggrieved Party shall notify the other in writing of the particulars of the grievance, and the other Party shall reply in writing within ten (10) working days, setting forth its position and stating what, if any, action it will take with respect to the grievance. The aggrieved Party shall respond in writing, indicating its satisfaction or dissatisfaction, as the case may be; in the event the aggrieved Party is dissatisfied, the Parties shall then meet in person and confer in good faith to resolve their differences before litigation is commenced. 6. ANTI-DISCRIMINATION. In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression, age or retirement provisions, unless based upon a bonafide occupational qualification. This requirement shall apply to but not be limited to the following: employment, advertising, lay-off, or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for termination or suspension in whole or in part of this Agreement by King County and may result in ineligibility for further King County agreements. 7. COMPLIANCE WITH ALL LAWS AND REGULATIONS. The Parties agree to comply with all applicable laws, ordinances, and regulations from any and all authorities having jurisdiction over the activities contemplated in this Agreement. 8. INSURANCE. No insurance certification is required. The City agrees to maintain premises and vehicle liability insurance in force with coverages and limits of liability that would generally be maintained by similarly situated agencies, and workers compensation insurance as may be required by Washington state statutes. The County will maintain a fully funded self-insurance program for the protection and handling of its liabilities including injuries to persons and damage to property. 9. NO EMPLOYMENT RELATIONSHIP. There is no employment relationship between the City and King County and neither the City nor its officers, agents, volunteers, employees, 8.G.a Packet Pg. 92 Attachment: PK-Supplemental Parks Levy Agmt-EXHIBIT (2824 : Supplemental Parks Property Levy Agreement - Authorize) 2020-2025 Parks Levy City of Kent Supplemental Agreement Green River Trail Page 4 of 9 contractors or subcontractors are employees of the County for any purpose. The City shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the City, its employees, volunteers, subcontractors, and/or others by reason of this Agreement. The City shall protect, indemnify, and save harmless the King County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from the performance of this Agreement. 10. INDEMNIFICATION AND HOLD HARMLESS. The City shall protect, indemnify, and save harmless the County, its elected and appointed officials, officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the City’s failure to pay any such compensation, wages, benefits, or taxes, and/or (2) work, services, materials, or supplies negligently performed or provided by the City employees, volunteers, or other suppliers in connection with or support of the performance of this Agreement. The City further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Agreement by the City, its elected officials, officers, employees, volunteers, agents, representatives, or subcontractors. This duty to repay the County shall not be diminished or extinguished by the expiration or prior termination of this Agreement. The City expressly agrees to protect, defend, indemnify, and hold harmless King County, its elected and appointed officials, officers, employees, and agents from and against liability for any claims (including all demands, suits, and judgments) for damages arising out of injury to persons or damage to property where such injury or damage is caused by, arises out of, or is incident to the scope of activities under this Agreement. The City’s obligations under this section shall include, but not be limited to: A. The duty to promptly accept tender of defense and provide defense to the County at the City’s own expense; B. Indemnification of claims, including those made by the City’s own employees, volunteers, and/or agents; C. The City, by mutual negotiation, expressly waives, as respects King County only, its statutory immunity under the industrial insurance provisions of Title 51 RCW; D. In the event the County incurs any judgment, award and/or cost arising from this Agreement including attorney's fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the City; and E. The City shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the performance or non- performance of the obligations under this Agreement by the City, its volunteers, 8.G.a Packet Pg. 93 Attachment: PK-Supplemental Parks Levy Agmt-EXHIBIT (2824 : Supplemental Parks Property Levy Agreement - Authorize) 2020-2025 Parks Levy City of Kent Supplemental Agreement Green River Trail Page 5 of 9 subcontractors, or the officers, employees, and/or agents of such subcontractors in connection with or in support of this Agreement. A hold harmless provision to protect King County similar to this provision shall be included in all subcontractor agreements entered into by the City in conjunction with this Agreement. 11. ENTIRE AGREEMENT. This Agreement and any and all attachments expressly incorporated herein by reference and attached hereto shall constitute the whole agreement between the Parties. It replaces all other negotiations and agreements. There are no terms, obligations, allowances, covenants, or conditions other than those contained herein. 12. WAIVER. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the Parties, which shall be attached to the original Agreement. 13. POLICE POWERS. Nothing contained in this Agreement shall be considered to diminish the governmental or police powers of the County. 14. IMPOSSIBILITY. The performance of this Agreement by either Party is subject to acts of nature, war, government regulation or advisory, disasters, fire, accidents or other casualty, strikes or threat of strikes, civil disorder, acts and/or threats of terrorism, or curtailment of transportation services or facilities, cost or availability of power, epidemics or public health emergencies, or similar causes beyond the control of either Party making it illegal, impossible or impracticable to hold, reschedule, or relocate the activities as set forth in Exhibit 1. Either Party may terminate or suspend its obligations under this Agreement if such obligations are prevented by any of the above events to the extent such events are beyond the reasonable control of the Party whose reasonable performance is prevented. 15. NO PARTNERSHIP. Nothing contained herein shall make, or be deemed to make, the County and the City a partner of one another, and this Agreement shall not be construed as creating a partnership or joint venture. 16. SINGULAR AND PLURAL. Wherever the context shall so require, the singular shall include the plural and plural shall include the singular. 17. HEADINGS NOT PART OF AGREEMENT. The headings in this Agreement are for convenience only and shall not be deemed to expand, limit, or otherwise affect the substantive terms of this Agreement. 18. GOVERNING LAW. This Agreement is made under and shall be governed by the laws of the State of Washington. 19. JURISDICTION AND VENUE. King County Superior Court shall have jurisdiction over any litigation arising under this Agreement, and the venue for any such litigation shall be the King County Superior Court in Seattle, Washington. 8.G.a Packet Pg. 94 Attachment: PK-Supplemental Parks Levy Agmt-EXHIBIT (2824 : Supplemental Parks Property Levy Agreement - Authorize) 2020-2025 Parks Levy City of Kent Supplemental Agreement Green River Trail Page 6 of 9 20. AMENDMENT. This Agreement may be modified or amended only by a duly authorized and executed written amendment. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date set forth below. KING COUNTY CITY OF KENT ______________________________ ___________________________________ Warren Jimenez, Director Dana Ralph, Mayor Parks and Recreation Division ______________________ ______________________ Date Date 8.G.a Packet Pg. 95 Attachment: PK-Supplemental Parks Levy Agmt-EXHIBIT (2824 : Supplemental Parks Property Levy Agreement - Authorize) EXHIBIT 1 City of Kent 2020-2025 Parks Levy – Supplemental Agreement Green River Trail Page 7 of 9 King County and City of Kent: Green River Trail South at UPRR Crossing Scope of Work Project Dates: 02/01/2021 – 03/01/2024 BACKGROUND & ENGAGEMENT GOALS The City of Kent is working in partnership with King County Parks and King County Flood Control District on a series of projects involving the Green River Levee and Trail system otherwise known as the Milwaukee II Levee. The project location is the missing link of trail between the southerly intersection of the Green River Trail and Interurban Trail and the intersection of 3rd Avenue and S 259th St. The project scope will primarily consist of linking the terminus of the Green River Trail at Foster Park through the Union Pacific Railroad (UPRR) right of way to the planned sections of Green River Trail to be constructed as part of the Milwaukee II Levee project. A coordinated design effort is already underway between Parks and Public Works departments in the City of Kent to align the objectives of flood protection and recreation through a combined project. Funding through this agreement would be utilized for three distinct phases: preliminary design and engineering, design and construction drawings, and construction. Goals of the Project - Establish a collaborative project team with representation from King County Parks, King County Flood Control District, City of Kent Parks, and City of Kent Public Works - Receive acceptance from UPRR on a preferred alternative for crossing their ROW - Acquire required easements (or other property interests) from the UPRR. - Develop design documents and construction drawings based on the preferred alternative - Construct the UPRR crossing of the Green River Trail as part of the Milwaukee II Levee project Task 1: Preliminary Design and Engineering 02/01/2021 – 12/01/2021 Task Outline: Budget: $125,000 (Includes project administration and coordination, planning, consultant fees, and personnel hours) Activities • Park Planning and Development staff will be responsible for project administration and management through all phases of design and construction • Coordination with internal and external stakeholders, including but not limited to: o King County Parks o King County Flood Control District o City of Kent Public Works Department o Union Pacific Railroad 8.G.a Packet Pg. 96 Attachment: PK-Supplemental Parks Levy Agmt-EXHIBIT (2824 : Supplemental Parks Property Levy Agreement - Authorize) EXHIBIT 1 City of Kent 2020-2025 Parks Levy – Supplemental Agreement Green River Trail Page 8 of 9 • Hire a team of consultants, including but not limited to landscape architect and structural engineer, that will provide preliminary design, engineering and cost estimation of the preferred alternative that is accepted by UPRR as an allowable crossing of their ROW Deliverables • Green River Trail Undercrossing Alternatives Report for the UPRR $16,000 • UPRR contract for review and approval $25,000 • Preliminary design and engineering with cost estimate $75,000 • City of Kent staff time $9,000 Task 2: Design Documents and Construction Drawings 12/01/2021 – 08/01/2022 Task Outline: Budget: $250,000 (Includes project administration and coordination, planning, consultant fees, and personnel hours) Activities • Park Planning and Development staff will be responsible for project administration and management through all phases of design and construction • Based on the selected preferred alternative, consultant team will begin work on full design documents and construction drawings to incorporate into the Milwaukee II Levee project. Assuming no performance issues, this will be an amendment to the existing contract for preliminary design. • Ongoing stakeholder engagement to review and comment on 30/60/90% plans. Deliverables • 30/60/90% design deliverables • 100% construction drawings Task 3: Construction 08/01/2022 – 03/01/2024 Task Outline: Budget: $1,065,000 (Includes project administration and coordination, planning, consultant fees, personnel hours, and construction costs) Activities • Park Planning and Development staff will be responsible for project administration and management through all phases of design and construction • Construction will be managed by the City of Kent team including both Parks and Public Works staff as part of the Milwaukee II Levee project • Construction administration of trail and recreation scope will be managed by Kent Parks staff. • Design consultant team will provide support through construction administration. 8.G.a Packet Pg. 97 Attachment: PK-Supplemental Parks Levy Agmt-EXHIBIT (2824 : Supplemental Parks Property Levy Agreement - Authorize) EXHIBIT 1 City of Kent 2020-2025 Parks Levy – Supplemental Agreement Green River Trail Page 9 of 9 Deliverables • Completed section of Green River Trail connecting Foster Park to the McCoy Levee through the UPRR ROW. Total Project Budget The total budget for this project shall not exceed $1,440,000. Assumptions • Up to $1,440,000 is the understood amount of funding the City of Kent will receive from the King County Parks Levy for this effort. It is very unlikely that this funding will be sufficient to fund both design and construction phases and that supplemental funding for construction will need to be identified to bring this project to completion. • The total budget for this project will be established once the preferred alternative is selected through the UPRR and a design consultant is able to work through early design phases. This information will be communicated to King County Parks throughout the process. • The schedule shown in the tasks above is an approximation or “best guess” as to the timeline of the project. There are many variables that could cause this timeline to extend further, including but not limited to: UPRR approval, funding constraints, floodway review, tribal review, permitting, etc. There will be periodic check-ins with the stakeholder group to review schedule and it is anticipated that this agreement may need to be extended in the case of major delays. • Representatives of the UPRR have stated that obtaining approval and property interests for the levee and trail improvements across their right-of-way will be treated as separate process by the UPRR. • City Staff will approach the UPRR approval processes as a single process wherever possible. However, If approval for the trail connection through UPRR right-of-way can be obtained ahead of the overall Milwaukee II levee improvements, this portion of the work will be bid and constructed ahead of the larger project. Project Contacts King County Parks City of Kent – Parks Heidi Kandathil Terry Jungman Special Projects Manager Park Planning and Development Manager (206) 263-1032 253-856-5112 Heidi.Kandathil@kingcounty.gov tjungman@kentwa.gov 8.G.a Packet Pg. 98 Attachment: PK-Supplemental Parks Levy Agmt-EXHIBIT (2824 : Supplemental Parks Property Levy Agreement - Authorize) PARKS PROPERTY TAX LEVY AGREEMENT between KING COUNTY & (CrTY)KENT This,farks Property Tax Levy Agreement (the "Agreement") is made and entered into as of this -ltduy of FegP.UlS.l ,2020,by and between KING COUNTY, a political subdivision of the state of Washington (the "County") and the City of KENT a State of Washington municipal corporation ("CITY") RECITALS A. The County owns and operates a park system with over twenty-eight thousand (28,000) acres of regional parks and open spaces, over one-hundred-seventy-five (175) miles of regional trails, and two-hundred-fifteen (215) miles of backcountry trails. In addition, the County is the provider of local parks in the rural area and is the transitional provider of local parks in the urban incorporated areas. B. Since 2003, on recommendation of the Metropolitan Parks Task Force and direction from the County Executive and County Council, the County's Parks and Recreation Division has focused on managing a system of regional parks, open spaces and trails and a limited set of regional active recreation assets. Consistent with its role as a regional and local rural service provider under Countywide Planning Policies and the State Growth Management Act, the County has divested itself of local parks and facilities in urban unincorporated areas as these areas incorporate or annex to cities. C. On April 17, 2019, the King County Council adopted Ordinance 18890 which called for a special election in accordance with RCW 29A.04.321to authorize a property tax levy in excess of the levy limitation contained in 84.55 RCW for a period of six (6) years for specified park purposes. D. On August 6,2019, King County voters approved Proposition No. 1 Parks Levy that authorized an additional six year property tax levy at a rate of $0.1 832 in the first year, with subsequent levies adjusted by inflation for the purpose of: maintaining and operating King County's open space system; improving parks, recreation, access, and mobility in the King County open space system by acquiring lands and continuing to develop regional trails; improving parks and trailsin and acquiring lands by metropolitan parks districts, towns, and cities in King County; funding environmental education, maintenance, and conservation programs at the Woodland Park Zoo; finding capital construction at the Seattle Aquarium; and funding for capital improvements at publicly owned pools, for all King County residents. NOW, THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 8.G.a Packet Pg. 99 Attachment: PK-Supplemental Parks Levy Agmt-EXHIBIT (2824 : Supplemental Parks Property Levy Agreement - Authorize) King County Parks Property Tax Levy 2020-2025 Agreement AGREEMENT l. Definitions As used in this Agreement, the following terms shall have the following meanlngs A. 'oAnnual Report" shall mean the annual report prepared by the CITY !f$ nrovided tci.the County annually by May 31't beginningin202l setting forth a sumih:aiy'of CITY Projecti for the preceding year, along with a complete financial accounting for the use of the CITY'S Share, and a listing of all capital investments made at the CITY funded in whole or in part by County Levy Proceeds, and for the 2020 annual report the CITY shall identify the dollar amount of the CITY's Existing Funds. B. "CITY" shall mean the City of KENT State of Washington, and allof its boards, commissions, departments, agencies and other subdivisions. C. "CITY Parks System" shall mean any building or other structure related to parks or recreation, parks, trails, open space, such as natural areas and resource or ecological lands and other parks or recreation property owned or otherwise under the jurisdiction of the CITY. D. "City Proceeds" shall mean eight percent (8%) of the total County Levy Proceeds collected by King County, net the amounts specified and allocated in Ordinance 18890 Sections 4A-D, and any interest eamings on these funds. E. "CITY Projects" shall mean CITY Parks System operations and capital improvement projects consistent with Ordinance 18890. F. "CITY'S Share" shall mean the CITY's proportionate share of the City Proceeds as authorized by Ordinance 18890, subject to County Council appropriation. G. "County" shall mean King County, State of Washington, and all of its boards, commissions, departments, agencies and other subdivisions. H. "County Council" shall mean the County Council of King County, State of Washington. I. "County Levy" means the annual King County property tax levy for park purposes imposed by the King County Council and authorizedby Proposition No. I Parks Levy that was approved by the County voters on August 6,2019 and replaced a levy expiring at the end of2019. J. "County Levy Proceeds" shall mean the principal amount of the County Levy collected by the County. K. 'oExecutive" shall mean the King County Executive or his or her functional successor. L. "Existing funds" shall have the meaning, as defined by RCW 84.55.050. Page 2 of 7 8.G.a Packet Pg. 100 Attachment: PK-Supplemental Parks Levy Agmt-EXHIBIT (2824 : Supplemental Parks Property Levy Agreement - Authorize) 2 King County Parks Property Tax Levy 2020-2025 Agreement Term of Agreement. The term of this Agreement (the "Term") shall be for a period commencing upon signature by both parties (the "Commencement Date"), and expiring on December 31,2025 (the "Termination Date"). 3. Receipt of Countv Levy Proceeds. A. General Distribution. Each year the County shall distribute the CITY's Share to the CITY as authorized by Ordinance 18890, subject to County Council appropriation. B. Receipt and Distribution of Levy Proceeds. l. Payment Schedule.Beginning in2020 and through 2025, the County shall transfer the CITY's Share to the CITY on a semi-annual basis, generally in the months of May and November. The annual amounts transferred shall never exceed the CITY's proportionate share of the CITY Proceeds actually collected and appropriated by King County. 2. Administrative Fee. The Parties agree that the County has authority to deduct a portion from City Proceeds for eligible expenditures related to the administration of the distribution of County Levy Proceeds, consistent with Ordinance 18890. Use of County Levy Proceeds. The CITY shall only use the transferred CITY'S Share for its CITY Projects. On or before May 31't of each year throughout the Term of this Agreement, the CITY shall provide the County with a copy of the Annual Report and provide any further documentation showing that the CITY'S Share was expended on CITY Projects. The CITY shall maintain financial records to account separately for the CITY'S Share. Representations and Warranties. The CITY represents and warrants that all of the CITY'S Share received by the CITY shall be used only for specific CITY Projects as defined in this Agreement and that such funds shall not be used to supplant Existing Funds. The CITY represents and warrants that all CITY Projects shall be consistent with the requirements in King County Ordinance 18890. The CITY represents and warrants that in addition to the CITY'S Share, the CITY shall annually expend on CITY Projects an amount equal to the CITY's Existing Funds. Title to Improvements. All appurtenances, fixtures, improvements, equipment, additions and other property attached to or installed in the CITY Park System during the Term shall be and remain the properties of CITY and shall not be deemed property of the County under any circumstances. Notices. All notices required to be given hereunder shall be in writing and either delivered personally or sent by certified mail to the appropriate address listed below, or at such other address as shall be provided by written notice. Notice shall be deemed communicated upon actual receipt. For convenience of the parties, copies of notices may also be given be other means; however, neither party may give official or binding notice except by personal delivery or by certified mail. 4. 5 6 7 Page 3 of7 8.G.a Packet Pg. 101 Attachment: PK-Supplemental Parks Levy Agmt-EXHIBIT (2824 : Supplemental Parks Property Levy Agreement - Authorize) King County Parks Property Tax Levy 2020-2025 Agreement If to the CITY CITY's Contact and Title: City Name: Mailing Addressl: Mailing Address2: City, State, Zip Code: If to King County: Terry Jungman, Parks Planning & Dev. Manager City of Kent 220FourthAvenue South 8 9 Kent, WA 98032 Warren Jimenez, Division Director King County Parks and Recreation Division Department of Natural Resources and Parks 201 South Jackson Street Mailstop: KSC-NR-0700 Seattle, WA 98104 Compliance with Laws. The CITY shall comply and conform with all applicable laws and all governmental regulations, rules, and orders. CITY Agreement to Comply with Audit Findinq or Repay. The CITY agrees that it is financially responsible for the lawful use of the levy funds distributed under this contract. The CITY agrees that if the State Auditor makes an audit finding that the levy funds have not been spent properly, the CITY shall comply with the State Auditor's audit finding and correct any improper expenditure or, at the sole discretion of the County,repay any indicated amounts to the County. This duty to comply with the audit finding or repay shall not be diminished or extinguished by the prior termination of this Agreement and shall survive the termination of this Agreement. 10. Miscellaneous. A. Liability of the County. The County's obligations to the CITY under this Agreement shall be limited to the terms and conditions set forth herein. Notwithstanding any other provision in this Agreement to the contrary, in no event shall the County be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including without limitation lost profits, arising out of or in connection with this Agreement or the services performed in connection with this Agreement. B. Dispute Resolution. [n the event of a dispute between the CITY and the County regarding any term of this Agreement, the parties shall attempt to resolve the matter informally through the following mechanism: the CITY (reps.) or their respective designee(s), shall meet with County (reps) or their respective designee(s) to review and discuss the matter(s) in dispute; if the CITY (representatives) and County (representatives) are unable to reach a mutual resolution, the Executive and the mayor, or their respective Page 4 of 7 8.G.a Packet Pg. 102 Attachment: PK-Supplemental Parks Levy Agmt-EXHIBIT (2824 : Supplemental Parks Property Levy Agreement - Authorize) King County Parks Property Tax Levy 2020-2025 Agreement designee(s) shall meet to review and discuss the matter(s) in dispute. If such persons are unable to resolve the matter informally, either party may submit the matter to a non- binding, structured mediation procedure fashioned by persons or organizations experienced in alternative dispute resolution ("ADR") procedures. The mediation may be requested by any party and shall be initiated within thirty (30) days from the date of the request unless extended by agreement of both parties. The alternative dispute resolution procedures utilized for the mediation shall include the exchange of written claims and responses, with supporting information, at least seven (7) days prior to the actual mediation. The positions expressed and mediator's recommendations shall not be admissible as evidence in any subsequent ADR or legal proceeding. If the matter is submitted to mediation and the matter is not resolved, an affected party shall be entitled to pursue any legal remedy available. Any disputes involving the lawful expenditure of levy proceeds shall be resolved by King County Superior Court if the parties cannot agree. C. No Implied Waiver. No failure by either party hereto to insist upon the strict performance of any obligation of the other party under this Agreement or to exercise any right, power or remedy arising out of a breach thereof, irrespective of the length of time for which such failure continues (except in cases where this Agreement expressly limits the time for exercising rights or remedies arising out of a breach), shall constitute a waiver of such breach or of that party's right to demand strict compliance such term, covenant or condition or operate as a surrender of this Agreement. No waiver of any default or the performance of any provision hereof shall affect any other default or performance, or cover any other period of time, other than the default, performance or period of time specified in such express waiver. One or more written waivers of a default or the performance of any provision hereof shall not be deemed to be a waiver of a subsequent default or performance. The consent of either party hereto given in any instance under the terms of this Agreement shall not relieve the other party of any obligation to secure the consent of the other party in any other or future instance under the terms of this Agreement. D. Headings and Subheadings. The captions preceding the articles and sections of this Agreement and in the table of contents have been inserted for convenience of reference and such captions in no way define or limitthe scope or intent of any provision of this Agreement. E. Successors and Assigns.The terms, covenants, and conditions contained in this Agreement shall bind and inure to the benefit of the County and the CITY and, except as otherwise provided herein, their personal representatives and successors and assigns. There are no third party beneficiaries to this Agreement. F. Agreement made in Washinston. This Agreement shall be deemed to be made in and shall be construed in accordance with the laws of the State of Washington. Venue of any action brought by one party against the other to enforce or arising out of this Agreement shall be in King County Superior Court. Page 5 of7 8.G.a Packet Pg. 103 Attachment: PK-Supplemental Parks Levy Agmt-EXHIBIT (2824 : Supplemental Parks Property Levy Agreement - Authorize) King County Parks Property Tax Levy 2020-2025 Agreement G. lntegrated Agreement: Modification. This Agreement contains all the agreements of the parties hereto relating to the subject matter addressed herein, and cannot be amended or modified except by a written agreement approved by the King County Council and mutually executed between each of the parties hereto. H. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. l. Time of Essence. Time is of the essence of each provision of this Agreement. J. Signage. For each capital project funded with County Levy Proceeds, the CITY shall provide a sign including the following language: This project was funded (or as applicable, funded in part) with proceeds from the Proposition No. 1 Parks Levy approved by King County voters in August 2019 under an Agreement with King County Parks and Recreation Division. K. Reporting. As set forth in King County Council Motion 15378, section C, for each capital project funded with County Levy Proceeds, the CITY shall report to King County Parks and the King County Council major milestones, such as groundbreakings and opening dateso thirty (30) days prior to such milestone. The CITY shall mail or deliver reports to both King County Parks and the current King County Council councilmembers at: Warren Jimenez, Division Director King County Parks and Recreation Division Department of Natural Resources and Parks 201 South Jackson Street Mailstop: KSC-NR-0700 Seattle, WA 98104 Councilmembers:(please list all 9 councilmembers) In care of King County Council Clerk 516 3rd Avenue Seattle, WA 98104 I STGNATURE PAGE FOLLOWS ] F Page 6 of7 8.G.a Packet Pg. 104 Attachment: PK-Supplemental Parks Levy Agmt-EXHIBIT (2824 : Supplemental Parks Property Levy Agreement - Authorize) King County Parks Property Tax Levy 2020-2025 Agreement DATED tnis l&aay ot 'ffieua*l,zozo KING COUNTY, a Washington municipal corporation Its By authority of Ordinance No. 18890 CITY oF KENT Washington municipal corporation Mayor a ) By Its By PageT of7 8.G.a Packet Pg. 105 Attachment: PK-Supplemental Parks Levy Agmt-EXHIBIT (2824 : Supplemental Parks Property Levy Agreement - Authorize) EXHIBIT A King County Legislation Details (With Text) 1200 King County Courthouse 516 Third Avenue Seattle, WA 98104 KingCounty File #: Type: File created: On agenda: Enactment date Title: Sponsors: lndexes: Code sections Attachments: 201 9-0084 Ordinance 2127t2019 Version: 2 Status: Passed ln control: Budget and Fiscal Management Committee Finalaction: 411712019 Enactment #: 18890 AN ORDINANCE providing for the submission to the qualified electors of King County at a special election to be held in King County on August 6, 2019, of a proposition authorizing a property tax levy in excess of the levy limitation contained in chapter 84.55 RCW for a period of six consecutive years, at a total rate of not more than $0.1832 per one thousand dollars of assessed valuation in the first year and limiting annual levy increases by the King County inflation plus population index published by the King County office of economic and financial analysis, or the chapter 84.55 RCW limitation, whichever is greater in years two through six for the purpose of maintaining and operating King County's open space system; improving parks, recreation, access and mobility in the King County open space system by acquiring lands and continuing to develop regionaltrails; improving parks and trails in and acquiring lands by metropolitan parks districts, towns and cities in King County; funding environmental education, maintenance and conservation programs at the Woodland Park Zoo; funding capital construction at the Seattle Aquarium; and funding for capital improvements at publicly owned pools, for all King County residents. Claudia Balducci, Pete von Reichbauer, Jeanne Kohl-Welles, Joe McDermott, Rod Dembowski levy, Natural Resources, Department of, Parks and Recreation 1. Ordinance 18890.pdf,2. A. Open Space, NaturalLands and Urban Green SpaceAcquisition Guidelines,3. B. Targeted EquityGrantProgram Guidelines,4.2019-0084transmittal letter,5.2019- 0084 FinancialPlan,6.2019-0084 FiscalNote, 7.2019-0084 King County Parks Capital Program, 8. 2019-0084 Parks Operating Financial Plan, 9. 2019-0084_SR_02272019_ParksLevy_RPC-v3, 10. ATT6_2019 Election Dates Memo Revised, 11. ATT5. Allocation of Levy Proceeds to the Parks Capital Portfolio, 12. ATTB 2019 Election Dates Memo Revised, 13.2019- 0084_5R_031319_ParksLevy_RPC, 14.2019-0084_5R_032619_ParksLevy_RPC akjg_sp, 15. ATT8. Parks Levy High Level Comparison Matrix_BFM Chair's Striker ak, '16. ATT'10.2019- 0084_51_Parkslevy_03252019khmv2 bar 3-25-19, 17 . 2019-0084 52 khm wshv4 bar 3-27-19, 18. 20 1 9-0084_AmendmentstoS2LevyOrdinance, 1 9. 2019-0084_and 20 1 9- Ver. Action By ResultDateAction 4t17 t2019 4t15t2019 3t28t2019 3t13t2019 2t27t2019 2t27t2019 0142 SR dated 04 152019 2 Metropolitan King County Council Hearing held/closed and passed 2 Budget and Fiscal Management Recommended Do Pass Committee 1 Regional Policy Committee Recommended Do Pass Substitute 1 Regional Policy Committee Deferred 1 Regional Policy Committee Deferred 1 Metropolitan King County Council lntroduced and Referred AN ORDINANCE providing for the submission to the qualified electors of King County at a special election to be held in King County on August 6,2019, of a Pass Pass Pass King County Page 1 ol 12 Printed on 1112712019 powered by Legistarrtr' 8.G.a Packet Pg. 106 Attachment: PK-Supplemental Parks Levy Agmt-EXHIBIT (2824 : Supplemental Parks Property Levy Agreement - Authorize) EXHIBIT A File #: 2019-0084, Version: 2 proposition authorizing a property tax levy in excess of the levy limitation contained in chapter 84.55 RCW for a period of six consecutive years, at a total rate of not more than $0.1832 pu one thousand dollars of assessed valuation in the first year and limiting annual levy increases by the King County inflation plus population index published by the King County office of economic and financial analysis, or the chapter 84.55 RCW limitation, whichever is greater in years two through six for the purpose of maintaining and operating King County's open space system; improving parks, recreation, access and mobility in the King County open space system by acquiring lands and continuing to develop regional trails; improving parks and trails in and acquiring lands by metropolitan parks districts, towns and cities in King County; funding environmental education, maintenance and conservation programs at the Woodland Park Zoo; funding capital construction at the Seattle Aquarium; and funding for capital improvements at publicly owned pools, for all King County residents. STATEMENT OF FACTS: L King County owns and operates a system of regional and local parks and trails that consists of twenty-eight thousand acres of parklands and more than one hundred seventy-five miles of regional trails. The county provides regional trails, regional recreational facilities, regional natural areas, regional parks and localparks in unincorporated areas. Examples of regional county parks and trails include Marymoor park, Cougar Mountain Regional Wildland park, the Weyerhaeuser King County Aquatic Center and the Sammamish River trail. 2. Parks, natural areas and trails contribute to a high quality of life. A robust system of parks and trails provides physical, social and mental health benefits to individuals; economic opportunity through recreation and tourism; economic growth for private businesses that must King County Page 2 ol 12 Printed on 1112712019 polvered by LegistarrM 8.G.a Packet Pg. 107 Attachment: PK-Supplemental Parks Levy Agmt-EXHIBIT (2824 : Supplemental Parks Property Levy Agreement - Authorize) EXHIBIT A File #: 2019-0084, Version: 2 attract and retain skilled workers; and environmental benefits and cultural resource protection through open space conservation. King County's open space system provides all these benefits to King County residents and businesses. 3. The 2002 Parks Business Transition Plan, adopted by the King County council and enacted by Ordinance 14509, became the blueprint for establishing the regional open space system we have today. Building on that blueprint, the county has adopted open space plans, which have provided the framework guiding King County in the acquisition, planning, development, stewardship, maintenance and management of its complex system of parks, regional trails and acres of open space, The latest open space plan was updated in 2016 and adopted by Ordinance l 8309. 4. In implementing the open space plan, the parks and recreation division of the department of natural resources and parks has successfully focused its lines ofbusiness on regional parks and trails, backcountry trails, natural lands and local parks in unincorporated King County and has implemented business practices that generate revenue from park system assets by implementing or increasing user fees and establishing corporate and community partnerships that enhance park amenities and leverage public and private dollars to improve parks and increase access to parks. 5. Consistent with the recommendations of past parks-related task forces, the county has sought voter-approved levies on three prior occasions: in 2003, enacted by Ordinance 14586, to provide maintenance and operating funding for the parks and recreation division for 2004 through 2007; in 2007 , enacted by Ordinance 15759, to provide funding for maintenance and operations as well as funding for open space acquisition, regional trail development, the Woodland Park Zoo and for King County towns and cities for use in their open space acquisition and trail projects for 2008 through 2013; andin2013, enacted by Ordinance 17568, to provide funding for maintenance and operations as well as for open space acquisition, asset maintenance King County Page 3 of 12 Printed on 1112712019 po,.vered by Legislar'# 8.G.a Packet Pg. 108 Attachment: PK-Supplemental Parks Levy Agmt-EXHIBIT (2824 : Supplemental Parks Property Levy Agreement - Authorize) EXHIBIT A File #: 2019-0084, Version: 2 and improvement, parks and trails projects, the Woodland Park Zoo and for King County towns and cities to use for their parks and recreation for 2014 through 2019. Voters approved the funding measures on all three occasions that they were on the ballot. The voter-approved levies have helped keep the open space system clean, safe and open. 6. The 2014 through2019 voter-approved parks, trails and open space replacement levy provides approximately eighty percent of the operating budget of the parks and recreation division, with approximately thirteen percent generated through business activities and entrepreneurial efforts. King County general fund support to the parks and recreation division was eliminated as of 2011. 7. The community partnerships and grants program enacted by Ordinance 14509 enhances parks amenities by partnering with parks and recreation organizations. Since the inception of the community partnership and grant program in 2003, more than sixty projects representing more than sixty million dollars'worth of new, enhanced, or preserved public recreation facilities have been completed, with only eighteen million dollars of King County capital investment. 8. The Woodland Park Zoo received distributions from the past two voter-approved levies to supplement zoo operating revenue for education and conservation programs, horticulture and maintenance and capital improvements. Levy proceeds distributed to the zoo provided environmental education, programming and transportation focusing on accessibility for underserved areas, supported thousands ofstudents annually and benefitted residents throughout King County. Levy proceeds also provided conservation and animal care for threatened Pacific Northwest species. 9. King County towns and cities received funding from the past two voter-approved levies. In 2008 through2013, towns and cities could use levy proceeds for open space and natural lands acquisition and development of town or city trail projects that supported connections to the King County Page 4 of 12 Printed on 1112712019 poulered by LegistarTe' 8.G.a Packet Pg. 109 Attachment: PK-Supplemental Parks Levy Agmt-EXHIBIT (2824 : Supplemental Parks Property Levy Agreement - Authorize) EXHIBIT A File #: 20'19-0084, Version: 2 regionaltrail system with distributions being contingent upon an equal or greater contribution of matching moneys from the recipient town or city for the same project. In the 2014 through2019 levy, types of uses for the distribution to King County towns and cities were broadened to provide flexibility and better meet the parks and recreation needs of cities. 10. Parks levy oversight committees were established to monitor the expenditures of the proceeds from the 2004 through2007,2008 through 2013 and2014 through 2019 levies. Annual committee review has concluded that the county has complied with all levy requirements I l. King County is growing rapidly as a region. In2017, King County's population increased by close to fifty thousand people; and over the next ten years, the region is expected to grow by another one hundred eighty thousand people. Recent surveys have indicated that since 2008, the number of people who hike in natural area parks has doubled. More and more people are using the King County parks and trails, which puts greater pressure on an aging system. As development increases to accommodate population growth, the risk of losing natural lands and green spaces throughout the county grows. Those valuable lands contribute to King County residents' high quality of life. The cost of land to accommodate this growth and preserve open spaces is also increasing. Today is the opportune time to address future needs of residents by investing in our parks and trails and accelerating conservation of open space. 12. In King County, many communities have experienced a history of inequitable and limited regional investments in parks, recreation and open space, limiting the ability of residents to lead healthy lives. Five hundred thousand King County residents live without ready access to, parks, recreation and open spaces. There is a need to address disparities in access to parks, recreation and open space for underserved areas and communities, including people with disabilities. This proposal provides an opportunity to address parks and recreation needs ofthese underserved areas and communities. King County Page 5 of 12 Printed on 1112712019 powered by Legistartrr 8.G.a Packet Pg. 110 Attachment: PK-Supplemental Parks Levy Agmt-EXHIBIT (2824 : Supplemental Parks Property Levy Agreement - Authorize) EXHIBIT A File #: 2019-0084, Version: 2 13. Recognizing growth in population, increased use of parks and trails and the need to address disparities in preparation for the2020 through 2025levy, the parks and recreation division conducted outreach to obtain feedback on the current park system and future parks and recreation needs for all King County residents. From August through November 2018, parks and recreation division staff conducted fifty-four in-person engagement meetings with groups representing all geographic areas of the county including towns and cities, business, recreation, community and environmental interests. An online survey was also conducted from November to December 2018, and received one thousand nine hundred thirty-four responses from the public, representing all geographic areas of the county. 14, The feedback from the engagement meetings and online survey showed support for the King County open space system. Engagement findings showed support for maintenance and operations of the open space system, as well as critical infrastructure repair and replacement, and the acquisition, conservation and stewardship of open space, as such lands can provide for passive or active recreation opportunities and protection of habitat and water quality, and the development of and improvements on regional trail coridors. Feedback supported funding for King County towns' and cities'parks and recreation programs; the Woodland Park Zoological Society education and conservation programs and horticulture, maintenance and capital improvements; and recognized the Seattle Aquarium as a regional asset. 15. The King County executive took into consideration information obtained from this outreach, the region's growing population, increased use of parks and trails across King County, and the lack of parks, recreation and open space in some communities, and has put forth this proposal which acknowledges the changing landscape and the need to grow the open space system to keep up with demand from the region. This proposal is also consistent with the goals and priorities of past levy task forces. King County Page 6 of 12 Printed on 1112712019 powered by LegistarrM 8.G.a Packet Pg. 111 Attachment: PK-Supplemental Parks Levy Agmt-EXHIBIT (2824 : Supplemental Parks Property Levy Agreement - Authorize) EXHIBIT A File #: 2019-0084, Version: 2 16. This proposalwould exempt low-income senior citizens, disabled veterans and other people with disabilities from the regular property tax increase on their residences resulting from a levy authorized by this ordinance, if they have been approved for an exemption under RCW 84.36.381. BE IT ORDAINED BY THE COLINCIL OF KING COUNTY: SECTION 1. Definitions. The definitions in this section apply throughout this ordinance unless the context clearly requires otherwise. A. "Community partnerships and grants program" means the program through which King County provides moneys to recreation-oriented groups, sports associations and community-based organizations to undertake any combination of developing, operating or maintaining a recreation facility or public park in unincorporated King County and King County towns and cities for public benefit. B. "Integrated floodplain management" means habitat restoration, open space acquisition or recreational opportunities that are integrated with preventive and corrective measures to reduce the risk of flooding. C. "Levy" means the levy of regular property taxes, for the specific purposes and term provided in this ordinance and authorizedby the electorate in accordance with state law. D. "Levy proceeds" means the principal amount of moneys raised by the levy, any interest earnings on the moneys and the proceeds of any interim financing following authorization of the levy. E. "Limit factor" means the most recent published King County office of economic and financial analysis King County inflation plus population index, or the limitation contained in chapter 84.55 RCW, whichever is greater. F. "Open space system" means the system that includes parks, trails, natural areas, resource lands and structures or buildings owned or otherwise under the jurisdiction of the parks and recreation division of the department of natural resources and parks. For the purposes of this ordinance, with reference to King County, Printed on 1112712019 powered by Legistarti' King County PageT of 12 8.G.a Packet Pg. 112 Attachment: PK-Supplemental Parks Levy Agmt-EXHIBIT (2824 : Supplemental Parks Property Levy Agreement - Authorize) EXHIBIT A File #: 2019-0084, Version: 2 the term "open space lands" shall collectively refer to natural areas and resource lands. G. "Targeted equity grant program" means the program through which King County provides moneys in order to achieve equitable opportunities and access to parks and recreation for underserved areas and communities, including people with disabilities, located in unincorporated King County and King County towns and cities. H. "Town or city parks system" means any building or other structure related to parks or recreation, parks, trails, open space such as natural areas and resource or ecological lands and other parks or recreation property owned or otherwise under the jurisdiction of a town or city within King County. SECTION 2. Lely submittal to voters. To provide necessary moneys for the purposes identified in section 4 of this ordinance, the King County council shall submit to the qualified electors of the county a proposition authorizing a regular property tax levy in excess of the levy limitation contained in chapter 84.55 RCW for six consecutive years, with collection commencing in 2020, at a rate not to exceed $0.1832 per one thousand dollars of assessed value in the first year of the levy period. The dollar amount of the levy in the first year shall be the base upon which the levy amounts in year two through six shall be calculated. In accordance with RCW 84.55.050, this levy shall be a regular property tax levy subject to the limit factor. SECTION 3, Deposit of levy proceeds. The levy proceeds shall be deposited into a dedicated subfund ofthe parks and recreation fund, or its successor. SECTION 4. Eligible expenditures. If approved by the qualified electors of the county, levy proceeds shall be used for the following purposes: A. Costs incurred by the county that are attributable to the special election called for in section 5 of this ordinance. B. Up to eight million dollars to the Seattle Aquarium from the first four years of the levy. Levy proceeds for the Seattle Aquarium shall solely be for capital costs for the Ocean Pavilion project, except as provided in subsection E.5. of this section. Printed on 1112712019 polvered by Legistarril King County Page B of 12 8.G.a Packet Pg. 113 Attachment: PK-Supplemental Parks Levy Agmt-EXHIBIT (2824 : Supplemental Parks Property Levy Agreement - Authorize) EXHIBIT A File #: 2019-0084, Version: 2 C. Up to forty-four million dollars to publicly owned pools for: capital improvement projects, including planning, feasibility studies, preconstruction and design, construction; and major maintenance repair or replacement projects. D. Up to twenty-two million dollars to habitat restoration, open space acquisition or recreational opportunities, or any combination thereof, associated with integrated floodplain management capital improvement projects and to outreach and education related to the benefits of integrated floodplain management projects. E. The remainder of levy proceeds shall be used for the following purposes: L Forfy percent of levy proceeds for maintenance and operations of King County's open space system and the targeted equity grant program, but no more than ten million dollars may be used for the targeted equity grant program; 2. Forty-seven percent of levy proceeds for: a, acquisition, conservation and stewardship of additional open space lands, natural areas, resource or ecological lands, rights of way for regional trails and urban green spaces; b. acquisition of rights of way for and development of regional and other public trails; c. capital improvement projects and major maintenance repair or replacement of open space system infrastructure; d. community partnerships and grants program; and e. capital improvement projects and major maintenance repair or replacement of parks or recreation infrastructure in metropolitan park districts, towns or cities; 3. Eight percent of levy proceeds for distribution to towns and cities in King County for their town or city parks system operations and capital improvement projects, of which amount: a. twenty-five thousand dollars shall be distributed annually to each town and city; b. an additional seventy-five thousand dollars shall be distributed annually to cities with a population Printed on 1112712019 powered by Legistarii' King County Page 9 of 12 8.G.a Packet Pg. 114 Attachment: PK-Supplemental Parks Levy Agmt-EXHIBIT (2824 : Supplemental Parks Property Levy Agreement - Authorize) EXHIBIT A File #: 2019-0084, Version: 2 greater than four thousand; c. of the remainder, fifty percent shall be distributed in proportion to each town or city's population and fifty percent shall be distributed in proportion to the assessed value of parcels within each town or city; 4. Five percent of levy proceeds for distribution to the Woodland Park Zoological Society shall be used solely for: environmental education with an emphasis on accessibility to traditionally underserved populations throughout the county; horticulture and maintenance of buildings and grounds; conservation of threatened species; and development of conservation and education strategies to mitigate impacts to animals and habitats from climate change; and 5. Of the levy proceeds in subsections B., C., D., E.2.e., E.3. and E.4. of this section, a portion shall be retained by the county to be used for expenditures related to administration of the distribution of levy proceeds. Eligible administrative expenditures shall include all costs and charges to the parks and recreation division or the county associated with or attributable to the purposes listed in subsections 8., C., D.,8.2.e., E.3. and E.4. of this section as well as sections 6 and 7 of this ordinance. Consistent with RCW 84.55.050, as it may be amended, levy proceeds may not supplant existing funding. SECTION 5. Call for special election. In accordance with RCW 29A.04.321, the King County council hereby calls for a special election to be held in conjunction with the primary election on August 6, 2019, to consider a proposition authorizing a regular property tax levy for the purposes described in this ordinance. The King County director of elections shall cause notice to be given of this ordinance in accordance with the state constitution and general law and to submit to the qualified electors of the county, at the said special county election, the proposition hereinafter set forth. The clerk of the council shall certify that proposition to the King County director of elections in substantially the following form, with such additions, deletions or modifications as may be required for the proposition listed below by the prosecuting attorney: The King County council passed Ordinance _ concerning replacement of an expiring parks levy. If approved, this proposition would provide funding for county, town, city and park district Printed on 1112712019 powered by Legistarttr King County Page 10 ol 12 8.G.a Packet Pg. 115 Attachment: PK-Supplemental Parks Levy Agmt-EXHIBIT (2824 : Supplemental Parks Property Levy Agreement - Authorize) EXHIBIT A File #: 20'19-0084, Version: 2 parks, and for open space, trails, recreation, public pools, zoo operations and an aquarium capital project. It would authorize an additional six-year property tax beginning in 2020 at $0.1832 per $ 1,000 of assessed valuation with the 2020 levy amount being the base for calculating annual increases in202l - 2025 by the King County inflation plus population index or the 84,55 RCW limitation, whichever is greater. Should this proposition be: Approved? _ Rejected? _ SECTION 6. Distributions. Each distribution of levy proceeds to a King County town or city, the Woodland Park Zoological Society or its successor, or the Seattle Aquarium or its successor, for the eligible purposes identified in section 4 of this ordinance shall be subject to the execution of a contract between the counfy and each entity for the same purposes. Distribution of levy proceeds shall be subject to the execution of a contract for: the targeted equity grant program; publicly owned pool capital improvement projects and major maintenance repair or replacement projects; integrated floodplain management capital improvement projects and outreach and education; capital improvement projects and major maintenance repair or replacement projects to parks or recreation infrastructure in metropolitan park districts, towns or cities; and acquisition, conservation and stewardship of additional natural areas, resource or ecological lands, rights of way for regional trails and urban green spaces. SECTION 7. Parks levy oversight board established A. If the proposition in section 5 of this ordinance is approved by the qualified electors of King County, a parks levy oversight board shall be appointed by the executive. The board shallconsist of nine members. Each councilmember shall nominate a candidate for the board who resides in the councilmember's district no later than March 31,2020. If the executive does not appoint by May 31,2020, the person nominated by a councilmember, the executive must request that the councilmember should by June 30,2020, nominate another candidate for appointment. Members shall be confirmed by the council. Members may not be elected or Printed on 1112712019 powered by Legislarr'l King County Page 11 ot 12 8.G.a Packet Pg. 116 Attachment: PK-Supplemental Parks Levy Agmt-EXHIBIT (2824 : Supplemental Parks Property Levy Agreement - Authorize) EXHIBIT A File #: 2019-0084, Version: 2 appointed officials of any unit of government, except that individuals serving in a civic capacity on a local board or commission would be eligible to serve on the parks levy oversight board. B. The board shall review the allocation of levy proceeds and progress on achieving the purposes of this proposition. On or before December 31,2021, the board shall review and report to the King County executive, the King County council and the regional policy committee on the expenditure of levy proceeds for 2020. Thereafter, the board shall review and report to the King County executive, the King County council and the regional policy committee annually. Any report to the King County council under this section shall be made in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers. The board expires December 37,2026. SECTION 8. Exemption. The additional regular property taxes authorized by this ordinance shall be included in any realproperty tax exemption authorizedby RCW 84.36.381. SECTION 9. Ratification. Certification of the proposition by the clerk of the King County councilto the director of elections in accordance with law before the election on August 6,2019, and any other acts consistent with the authority and before the effective date of this ordinance are hereby ratified and confirmed. SECTION 10. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. Printed on 1112712019 polvered by Legistairr: King County Page 12 ol 12 8.G.a Packet Pg. 117 Attachment: PK-Supplemental Parks Levy Agmt-EXHIBIT (2824 : Supplemental Parks Property Levy Agreement - Authorize) EXHIBIT A King County Parks 2O2O Budget Highlights r Programs first year of funding (-Sf fSVl according to levy plan r Continue to operate, maintain, and repair existing King County Parks system o Grow and connect regional open space and accelerate land conservation r Build and improve regional trails and mobility (e.g. Eastrail, Lake to Sound, lnterurban South) . Launch new and expanded grants programs that increase access to recreation and open space . Launch the youth conservation corps, an internship program for high school students r lncrease access to recreation through direct funding to 39 towns and cities, Woodland Park Zoo, and Seattle Aquarium 2020 Estimated Parks Levy Proceeds Su4,703,035 Reimbursement of Election Costs Seattle Aquarium Pools Capital Grant Program (includes 5Z.gtW for KC Aquotic Center) Open Space Floodplains Grants King County Parks Operating Fund (includes $l.Sfvt for equity gronts) King County Parks Capital Program . Open Space Acquisition/Land Conservation . Regional and Public Trails . Recreation Repair and Renovation . Cities Capital Grant Program . Community Partnerships and Grants . Levy Administration Contribution Cities within King County r Distribution across 39 Cities r Levy Administration Contribution Woodland Park Zoo r Distribution to Woodland Park Zoo . Levy Ad ministration Contribution Total Budget S1,522,000 S1,941,750 S3,425,000 SL,TLz,soo 542,440,7t4 $49,867,839 5t3,494,+86 52s,802,286 S5,880,ooo Sz,TBo,ooo 5'J.,4rz,ooo 5499,674 S9,488,143 58,403,262 Sgq,ggt s5,3o5,ogg 55,278,s64 526,szs $1tq,zo3,o35 8.G.a Packet Pg. 118 Attachment: PK-Supplemental Parks Levy Agmt-EXHIBIT (2824 : Supplemental Parks Property Levy Agreement - Authorize) 1,2 3 EXHIBIT A 2020 Total 5K 5K AV lationAssessed Value P s32,000 s241,000 s26,000 s592,000 S11o,ooo S169,ooo s202,000 s3o,ooo 5+s,ooo s139,000 Srez,ooo s11 6,000 S123,ooo S2s1,ooo S31,ooo S203,ooo s1s3,000 S69,ooo s102,000 S5,ooo s18,000 Ssg,ooo Ssz,ooo S16,ooo Szt,ooo s181,000 Se,ooo s103,000 ss3,000 s2s,ooo s2s,0oo s2s,000 s25,ooo s2s,000 525,000 s25,000 s25,ooo S2s,ooo s25,000 s2s,oo0 $25,ooo s2s,oo0 s2s,000 Szs,ooo S2s,ooo s2s,000 So STs,ooo So s75,000 S75,ooo Szs,ooo s75,000 So So Szs,ooo s75,000 Szs,ooo s75,000 575,ooo So s7s,000 $zs,ooo s141,000 s1,000 s492,000 ,000 s582,509,640 510,192,926,423 s201,865,564 564,996,t8r,74r s868,851,309 56,728,399,945 57,326,499,056 5348,969,934 52,942,8t3,979 52,75t,0r1.,207 S4,356,985,778 S1,324,903,90s S1,557,893,969 S 11,393,1"38,728 S1,26s,0s4,838 5rr,567,s49,438 54,874,L38,483 3,190 71,,740 300 145,300 4,525 28,570 52,000 2,220 3,055 20,280 31,580 7,840 12,200 97,840 420 37,590 23,320 Algona Auburn Beaux Arts Village Bellevue Black Diamond Bothell Burien Carnation Clyde Hill Covington Des Moines Duvall Enumclaw Federal Way Hunts Point lssaqu ah Kenmore Kirkland Lake Forest Park Maple Valley Medina Mercer lsland Milton Newcastle Normandy Park North Bend Pacific Redmond Renton Sammamish Seatac Seattle Shoreline Skykomish Snoqualmie Woodinville Yarrow Point kwila Ssss,ooo S132,ooo Srs:,ooo $so,ooo Szoo,ooo Szz,ooo Srs:,ooo s117,000 Srro,ooo S112,ooo Szgo,ooo s326,000 Sztz,ooo Sreg,ooo Sz,ztq,ooo Szzs,ooo Szs,+oo S134,ooo Srss,ooo s136,000 000 Szsg,ooo s32,000 S53,ooo s25,ooo sloo,ooo s2,ooo s33,000 S17,ooo Sro,ooo S12,ooo S196,ooo s226,000 Si.72,ooo 569,ooo S2,114,000 $12s,ooo s40o S34,ooo Sss,ooo S36,ooo Ss,ooo 525,000 S25,ooo s2s,000 s2s,o0o 52s,o0o s2s,o0o s2s,000 s25,ooo s25,000 S2s,ooo 525,000 s2s,ooo s25,000 S25,ooo s25,000 S2s,ooo S2s,ooo S2s,ooo s25,000 s25,000 s7s,000 STs,ooo $75,ooo 5o s7s,000 so STs,ooo STs,ooo 57s,000 STs,ooo s75,ooo STs,ooo s75,ooo Szs,ooo $75,000 s7s,000 $o S75,ooo STs,ooo S75,ooo So000 S14,686,554,63 i. 5t2o,768,4BB 53,624,539,957 5r,722,967,33r Si.,466,838,997 S605,190,919 s23,766,332,33L 5r9,1s2,024,315 5r8,87L,723,079 56,7r1 ,932,343 izqq,g$,tog,Eot Sto,94z,263,oos Sao,ogg,ozq S3,469,519,169 s6,68s,919,176 54,173,910,805 s1,396,430,058 88,940 73,250 26,r80 3,245 24,470 1,1g5 72,450 6,610 6,965 6,875 65,860 7Q4,700 64,410 29,180 747,300 56,370 205 13,670 20,930 !2,410 29,5r8,466,256 S3,25i.,063,509 54,727,677,21,6 54,479,r03,670 s975,000 $2,250,000 s5,175,000 Notes 1. "twenty-five thousand dollars shall be distributed annually to each town and city;" 2. "an additional seventy-five thousand dollars shall be distributed annually to cities with a population greater than four thousand;" 3. "of the remainder, fifty percent shall be distributed in proportion to each town or city's population and fifty percent shall be distributed in proportion to the assessed value of parcels within each town or city;" Data Source * AV: King County Assessor's Office 2018 Assessed Value for 2019 Tax Year (to be updated in a few months with 2019 AV for 2020 Tax Year) ** Population: OFM April t,2019 Population of Cities, Towns and Counties 8.G.a Packet Pg. 119 Attachment: PK-Supplemental Parks Levy Agmt-EXHIBIT (2824 : Supplemental Parks Property Levy Agreement - Authorize) DATE: September 7, 2021 TO: Kent City Council SUBJECT: Contract with Chet’s Roofing & Construction, Inc to Replace Roof of Kent Police Station – Authorize MOTION: I move to authorize the Mayor to enter into an agreement with Chet’s Roofing & Construction, Inc to replace the roof of the Kent Police Station, in an amount not to exceed $189,922.50, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: This project is a lifecycle replacement of the roof on the Kent Police Station (“building”) located at 220 4th Ave S, Kent, WA 98032. The roof of the building was last replaced in 2001, and it's reaching its end-of-life. This project will include removal and proper disposal of all roofing material, replacement of faulty plywood if needed, installation of ice and water shield, synthetic underlayment, installation of new composition shingles, installation of new vent boxes, new plumbing flashings and caps, and other work as required. This project was first advertised in early 2020 but was put on hold due to the pandemic. It’s been re-advertised to six vendors through the MRSC Small Works Roaster on July 30, 2021. Chet’s Roofing & Construction, Inc is the only one that responded out of the six vendors. BUDGET IMPACT: Project funded through Facilities Lifecycle fund, roof repairs. SUPPORTS STRATEGIC PLAN GOAL: Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Agreement (DOCX) 08/24/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS 8.H Packet Pg. 120 RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 9/7/2021 7:00 PM 8.H Packet Pg. 121 PUBLIC WORKS AGREEMENT - 1 (Over $20K with Performance Bond) PUBLIC WORKS AGREEMENT between City of Kent and CHET'S ROOFING & CONSTRUCTION, INC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Chet's Roofing & Construction, Inc, organized under the laws of the State of Washington, located and doing business at 26301 79th AVE S, Kent, WA 98032, Chester T. Chmielinkski, (253) 887-0194, (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Chet’s Roofing & Construction, Inc shall provide all labor and material to remove and replace the roof, do siding repair and asbestos removal at the City of Kent Police Station,located at 220 4th Ave S, Kent, WA 98032, in accordance with the proposal which is attached and incorporated as Exhibit A. The Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above within 10 calendar days after the City issues its Notice to Proceed . Upon the effective date of this Agreement, all physical work shall thereafter be completed within 90 working days. The term of this Agreement shall continue until all work has been completed, final acceptance has occurred, and all Contractor obligations have been fulfilled. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed $189,922.50, including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Con tractor and approved by the City. The City’s payment shall not constitute a waiver of the City’s right to final inspection and acceptance of the project. Card Payment Program. The Contractor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Contractor. If the Contractor voluntarily participates in this Program, the Contractor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Contractor shall not charge those fees back to the City. 8.H.a Packet Pg. 122 Attachment: Agreement (2827 : Contract with Chet’s Roofing & Construction, Inc to Replace Roof of Kent Police Station – Authorize) PUBLIC WORKS AGREEMENT - 2 (Over $20K with Performance Bond) A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a payment and performance bond for the full contract amount. B. Retainage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to the Contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of the Contractor’s signature on the Agreement. C. Defective or Unauthorized Work . The City reserves its right to withhold payment from the Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: wo rk and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City’s written approval. If the Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the Ci ty may complete the work by contract or otherwise, and the Contractor shall be liable to the City for any additional costs incurred by the City. “Additional costs” shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE CONTRACTOR’S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR’S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for it s own place of business from which the Contractor’s services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed befor e the City retained the Contractor’s services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agr eement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Contractor’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. 8.H.a Packet Pg. 123 Attachment: Agreement (2827 : Contract with Chet’s Roofing & Construction, Inc to Replace Roof of Kent Police Station – Authorize) PUBLIC WORKS AGREEMENT - 3 (Over $20K with Performance Bond) F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. “Good cause” shall include, without limitation, any one or more of the following events: A. The Contractor’s refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor’s failure to complete the work within the time specified in this Agreement. C. The Contractor’s failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor’s persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor’s filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor’s breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor’s possession p ertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. The Contractor shall file a “Statement of Intent to Pay Prevailing Wages,” with the State of Washington Department of Labor & Industries prior to commencin g the Contract work. The Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by the Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, the Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, Section XVI(D), within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for perf ormance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to requ ire a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section IX, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by the Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. 8.H.a Packet Pg. 124 Attachment: Agreement (2827 : Contract with Chet’s Roofing & Construction, Inc to Replace Roof of Kent Police Station – Authorize) PUBLIC WORKS AGREEMENT - 4 (Over $20K with Performance Bond) VIII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID -19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in perform ance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Contractor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Contractor, IX. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsecti ons A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 8.H.a Packet Pg. 125 Attachment: Agreement (2827 : Contract with Chet’s Roofing & Construction, Inc to Replace Roof of Kent Police Station – Authorize) PUBLIC WORKS AGREEMENT - 5 (Over $20K with Performance Bond) 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). X. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR’S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. XI. WARRANTY. The Contractor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall promptly correct all defects in workmanship and materials: (1) when the Contractor knows or should have known of the defect, or (2) upon the Contractor’s receipt of notification from the City of the existence or discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contra ctor shall pay all costs incurred by the City in order to accomplish the correction. XII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contr act work, file the attached Compliance Statement. XIII. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. 8.H.a Packet Pg. 126 Attachment: Agreement (2827 : Contract with Chet’s Roofing & Construction, Inc to Replace Roof of Kent Police Station – Authorize) PUBLIC WORKS AGREEMENT - 6 (Over $20K with Performance Bond) The City's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City harmless, and the Contractor’s liability accruing from that obligation shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor’s part, then the Contractor shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Contractor’s part. The provisions of this section shall survive the expiration or termination of this Agreement. XIV. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XV. WORK PERFORMED AT CONTRACTOR'S RISK. The Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XVI. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishm ent of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreemen t, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XIII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unl ess notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or 8.H.a Packet Pg. 127 Attachment: Agreement (2827 : Contract with Chet’s Roofing & Construction, Inc to Replace Roof of Kent Police Station – Authorize) PUBLIC WORKS AGREEMENT - 7 (Over $20K with Performance Bond) certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in t his Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Contractor's business, equipment, and personnel engaged in operations covered by this Ag reement or accruing out of the performance of those operations. I. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, the Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior 8.H.a Packet Pg. 128 Attachment: Agreement (2827 : Contract with Chet’s Roofing & Construction, Inc to Replace Roof of Kent Police Station – Authorize) PUBLIC WORKS AGREEMENT - 8 (Over $20K with Performance Bond) to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONTRACTOR: By: Print Name: Its (title) DATE: CITY OF KENT: By: Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONTRACTOR: Chester T. Chmielinski CHET'S ROOFING & CONSTRUCTION, INC 26301 79th Ave S Kent, WA 98032 (253) 887-0194(telephone) (253) 854-4516(facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Diana Lazouski City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5083(telephone) (253) 856-6080(facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk 8.H.a Packet Pg. 129 Attachment: Agreement (2827 : Contract with Chet’s Roofing & Construction, Inc to Replace Roof of Kent Police Station – Authorize) EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: __________________________________________ For: _________________________________________ Title: ________________________________________ Date: ________________________________________ 8.H.a Packet Pg. 130 Attachment: Agreement (2827 : Contract with Chet’s Roofing & Construction, Inc to Replace Roof of Kent Police Station – Authorize) EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 8.H.a Packet Pg. 131 Attachment: Agreement (2827 : Contract with Chet’s Roofing & Construction, Inc to Replace Roof of Kent Police Station – Authorize) EEO COMPLIANCE DOCUMENTS - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: __________________________________________ For: _________________________________________ Title: ________________________________________ Date: ________________________________________ 8.H.a Packet Pg. 132 Attachment: Agreement (2827 : Contract with Chet’s Roofing & Construction, Inc to Replace Roof of Kent Police Station – Authorize) BIDDER RESPONSIBILITY CRITERIA - 1 BIDDER RESPONSIBILITY CRITERIA Certification of Compliance with Wage Payment Statutes This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City before the contract can be awarded . The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (Insert Date), the bidder is not a “willful” violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Insert Bidder's Business Name By: __________________________________________ Signature of Authorized Official* Printed Name: _________________________________ Title: ________________________________________ Date: ________________________________________ City and State: _________________________________ *If a corporation, proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co- partnership, proposal must be executed by a partner. 8.H.a Packet Pg. 133 Attachment: Agreement (2827 : Contract with Chet’s Roofing & Construction, Inc to Replace Roof of Kent Police Station – Authorize) DATE: September 7, 2021 TO: Kent City Council SUBJECT: Interagency Agreement with the Washington Traffic Safety Commission for 2021-2022 Walker/Roller Safety Program – Pacific Highway South - Authorize MOTION: I move to authorize the Mayor to sign the 2021-2022 Pacific Highway South (SR Hwy 99) Walker and Roller Safety Program grant in the amount of $117,968, amend the budget, and authorize expenditure of the grant funds, subject to final grant terms and conditions acceptable to the Police Chief and City Attorney. SUMMARY: The Kent Police Department houses the Target Zero Manager for South King County whose salary and benefits are 50% funded by the Washington Traffic Safety Commission to coordinate Target Zero traffic safety work across King County and for the King County Target Zero Task Force. In the spring of 2021, the King County Target Zero Task Force analyzed pedestrian and bicycle data, which showed a high number of serious injury and fatal crashes along Pacific Highway South from Federal Way north to Burien. The King County Target Zero Task Force applied for grant funds from the Washington Traffic Safety Commission to coordinate enforcement, walker/roller education and outreach with an emphasis on diverse populations, and to develop a walker/roller training curriculum for law enforcement to reduce the number of serious injury/fatal crashes along this long stretch of roadway. The Kent Police Department will serve as the fiscal agent and the Target Zero Manager will coordinate this work in partnership with the North King County Target Zero Manager. Funding for this program will begin October 1, 2021 and run through September 30, 2022. BUDGET IMPACT: Unanticipated revenue and expense. SUPPORTS STRATEGIC PLAN GOAL: Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. 8.I Packet Pg. 134 ATTACHMENTS: 1. Interagency Agreement-2022-AG-4301-Pacific Highway (SR 99) South Walker and Roller Safety Program (PDF) 08/24/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 9/7/2021 7:00 PM 8.I Packet Pg. 135 Interagency Agreement-2022-AG-4301-Pacific Highway (SR 99) South Walker and Roller Safety Program INTERAGENCY AGREEMENT BETWEEN THE Washington Traffic Safety Commission AND City of Kent THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety Commission, hereinafter referred to as “WTSC,” and City of Kent, hereinafter referred to as “SUB-RECIPIENT.” NOW THEREFORE, in consideration of the authority provided to WTSC in RCW 43.59 and RCW 39.34, terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties mutually agree as follows: 1. PURPOSE OF THE AGREEMENT: The purpose of this Agreement is to provide funding, provided by the United States Department of Transportation (USDOT) National Highway Traffic Safety Administration (NHTSA) and allowed under the Assistance Listing/Catalog of Federal Domestic Assistance (CFDA) #20.616, for traffic safety grant project 2022-AG-4301-Kent-Pacific Highway (SR 99) South Walker and Roller Program. 2. PERIOD OF PERFORMANCE The period of performance of this Agreement shall commence upon the date of execution by both parties, but not earlier than October 1, 2021, and remain in effect until September 30, 2022 unless terminated sooner, as provided herein. 3. STATEMENT OF WORK The SUB-RECIPIENT shall carry out the provisions of the traffic safety project described here as the Statement of Work (SOW). If the SUB-RECIPIENT is unable to fulfill the SOW in any manner on this project, the SUB-RECIPIENT must contact the WTSC program manager immediately and discuss a potential amendment. All Federal and State regulations will apply. 3.1 SCOPE OF WORK 3.1.1 Problem ID and/or Opportunity This project seeks to reduce the number of serious injury and deaths of walkers and rollers on Pacific Highway South in King County WA. This project is focused on a portion of Pacific Highway South that runs through King County from Federal Way to Tukwila, between mile posts 6.15 and 24.17. According to crash data provided by Washington State Department of Transportation, page 1 of 14 8.I.a Packet Pg. 136 Attachment: Interagency Agreement-2022-AG-4301-Pacific Highway (SR 99) South Walker and Roller Safety Program (2815 : Interagency between January 2, 2017 and December 31, 2020 there were a total of 38 collisions with serious injuries or fatalities involving walkers and rollers along this stretch of highway. Of these collisions, 34 involved pedestrians and four involved bikes. Table 1: Number of collisions with serious injuries or fatalities involving pedestrians or bikes along Pacific Highway between mileposts 6.15-24.17 from 01/01/2017 – 12/31/2020: 3.1.2 Project Goal Increase community and law enforcement knowledge about walker and roller related issues (common injury/fatal factors) and laws. Decrease driving behaviors that elevate the level of risks for walkers and rollers. 3.1.3 Project Strategies, Objectives, and Measures Strategy 1 - Through training, increase knowledge by certified law enforcement officers of laws relating to walker and roller safety, issues faced by walkers and rollers in trying to use area roadways, and techniques and approaches that can increase walker and roller safety. Objective 1-1: Develop a training course to educate law enforcement on walker and roller laws and best practice approaches to enforcement. Objective 1-2: Deliver training to at least 50 officers. Measure1-1: Increase by 20 percent the knowledge about walker and roller issues by certified law enforcement officers by the end of the project as measured by pre- and post-survey results at the training and then a follow-up survey three months after the training. Strategy 2 - Increase public knowledge and awareness of walker and roller safety issues and ways to increase personal safety while walking and rolling through public outreach and education efforts from law enforcement, community agencies, and others. Objective 2-1 Develop, transcreate, and administer education and training to public via law enforcement, community based organizations, and others on walker and roller safety. Educational materials and distribution could include social media advertising, billboard ads, radio ads, bus ads, transportation ads, and other applicable methods. Objective 2-2 Engage with community members at local events to increase knowledge about pedestrian and bicycling laws and community norms. Measure 2-1 Increase knowledge of community members about walker and roller safety issues and strategies to mitigate risk by 10 percent before the end of the project period. Measurement will involve observed changes in behavior through a pre and post spotter survey of drivers along Pacific Highway south. Strategy 3 - Use enforcement to decrease unsafe behavior by drivers regarding walkers and rollers – including speed too fast for conditions with walkers and rollers present, failure to yield to walkers and rollers, and turning at intersections without coming to a complete stop with walkers and rollers present. Objective 3-1 Publicize emphasis patrols before enforcement activities. Objective 3-2 Conduct emphasis patrols in high-risk areas focusing on issuing citations for high risk behaviors. There will be Pedestrians Involved Bikes Involved Total Serious Injuries 27 3 30 Fatalities 9 1 10 page 2 of 14 8.I.a Packet Pg. 137 Attachment: Interagency Agreement-2022-AG-4301-Pacific Highway (SR 99) South Walker and Roller Safety Program (2815 : Interagency a minimum of six emphasis patrols for drivers along Pacific Highway South during the project period. Specific locations for emphasis patrols will be determined by traffic safety unit commanders for law enforcement agencies involved in the emphasis patrols. Each emphasis patrol will be preceded by an observation study in the focus area and a follow-up observation study will be conducted one week after the enforcement event. Identify appropriate forums to share results of the program. Measure 3-1 Decrease the specified unsafe driver behaviors around walkers and rollers by 10 percent by the end of the project. The measurement will come from pre- and post-enforcement event observational surveys at selected intersections and conflict points. 3.2. MILESTONES, DELIVERABLES, AND PERFORMANCE MEASURES 3.3. COMPENSATION 3.3.1. The cost of accomplishing the work described in the SOW will not exceed $117,968.00. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount in a written Amendment to this Agreement executed by both parties. 3.3.2. If the SUB-RECIPIENT intends to charge indirect costs, an Indirect Cost Rate must be established in accordance with WTSC policies, and a federally-approved cost allocation plan may be required to be submitted to the WTSC before any performance is conducted under this Agreement. 3.3.3 The SUB-RECIPIENT must submit a travel authorization form (A-40) to request approval for any travel not defined in the scope of work and for all travel outside of the continental United States. State travel policies (SAAM Chapter 10) would apply. 3.3.4. If WTSC makes travel arrangements on behalf of the SUB-RECIPIENT, state travel policies must be followed. See Washington State Administrative & Accounting Manual (SAAM) Chapter 10 which can be obtained at this website: Description Completed Date Finalize contract with observational survey professionals.11/30/2021 Finalize development of - and begin - law enforcement training.01/31/2022 Finalize development of training materials for public including transcreation.01/31/2022 Distribute public training materials to appropriate law enforcement and community partners.02/28/2022 Conduct pre-program driver observation survey.02/28/2022 Conduct law enforcement emphasis patrols.04/15/2022 Conduct post-program driver observation survey.04/30/2022 Conduct bicycle-pedestrian law training for at least 50 law enforcement officers.09/30/2022 Conduct post-program follow-up with law enforcement and community organizations on education. 09/30/2022 page 3 of 14 8.I.a Packet Pg. 138 Attachment: Interagency Agreement-2022-AG-4301-Pacific Highway (SR 99) South Walker and Roller Safety Program (2815 : Interagency https://www.ofm.wa.gov/sites/default/files/public/legacy/policy/10.htm. If for any reason, this information is not available at this website, contact the WTSC office at 360-725-9860. 3.3.5. WTSC will reimburse travel related expenses consistent with the written travel policies of the SUB-RECIPIENT. If no written policy exists, state travel policies (SAAM Chapter 10) apply. 3.3.6. WTSC will only reimburse the SUB-RECIPIENT for travel related expenses for travel defined in the scope of work and budget or for which approval was expressly granted. The SUB-RECIPIENT must provide appropriate documentation (receipts) to support reimbursement requests, including the A-40 Travel Authorization form if required. 3.4. SUMMARY OF PROJECT COSTS BUDGET JUSTIFICATION Year 1 - 10/1/2021 - 9/30/2022 Employee Salaries and Benefits = $65,360.00 King County Target Zero Managers Region 7 - $75.00/hour X 12 months X 15/hours per month = $13,500.00. King County Target Zero Managers Region 8 - $90.00/hour X 12 months X 12/hours per month = $12,960.00. Target Zero Managers will be responsible for the planning, coordination, and implementation support for the project. Graduate student paid internships – $25.00/hour X 12/hours/month X 12 months = $3,600.00. Graduate interns will provide support and research for the project. Overtime for patrols by the six police departments located along South State Route 99 + Washington State Patrol - $25,200.00. The six participating departments are: Federal Way, Kent, Des Moines, SeaTac, Burien, and Tukwila. Hours are allocated based on the length of Pacific Highway South running through each city as well as the crash data showing the higher level of need. Overtime funds are also included for the Washington State Patrol to conduct enforcement working with the municipal departments on this project. SUMMARY OF COSTS AMOUNT Employee salaries and benefits $65,360.00 Travel $0.00 Contract Services $50,108.00 Equipment (listed in the table below) $0.00 Goods or other expenses $2,500.00 Indirect Costs $0.00 TOTAL $117,968.00 page 4 of 14 8.I.a Packet Pg. 139 Attachment: Interagency Agreement-2022-AG-4301-Pacific Highway (SR 99) South Walker and Roller Safety Program (2815 : Interagency Development and implementation of law enforcement training - $10,100.00. The curriculum and training will update law enforcement officers about walker and roller safety issues and laws. This project includes funds to research curricula currently available in the state and country and any specific local training elements needed. Travel = $0.00 Contractual Services = $50,108.00 Transcreation of the public education and outreach materials - $8,400.00 Almeida Consulting and Training, LLC - $11,708.00. The consultant will deploy a pre-observational survey before education and enforcement occurs in each of the cities as well as a post-observational survey following the education and enforcement work. Data collected from the surveying and the education/enforcement will help the project identify driver, walker, and roller behavior that has potential for dangerous outcomes. Positive Community Norms campaign to shift unsafe driver behavior - $30,000.00. The project will involve pre-message research, message development, campaign development, implementation, and evaluation. Goods or Other Expenses 2,500.00 Booklets and training materials for law enforcement curriculum - $2,500.00. Equipment = $0.00 Total Direct Costs = $117,968.00 APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS: 4. ACTIVITY REPORTS The SUB-RECIPIENT will submit progress reports on the activity of this project in the form provided by the WTSC using the WTSC Enterprise Management System (WEMS) Progress Reporting process or other alternate means pre-approved by WTSC. The SUB- RECIPIENT will include copies of publications, training reports, and any statistical data generated in project execution in the reports. The final report will be submitted to WTSC within 30 days of termination of this Agreement. WTSC reserves the right to delay the processing of invoices until activity reports are received and approved. 5. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Agreement shall be made by the WTSC. 6. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties in the form of a written Amendment to this Agreement. Such amendments shall only be binding if they are in writing and signed by personnel authorized to bind each of the parties. 7. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. page 5 of 14 8.I.a Packet Pg. 140 Attachment: Interagency Agreement-2022-AG-4301-Pacific Highway (SR 99) South Walker and Roller Safety Program (2815 : Interagency 8. ASSIGNMENT The SUB-RECIPIENT may not assign the work to be provided under this Agreement, in whole or in part, without the express prior written consent of the WTSC, which consent shall not be unreasonably withheld. The SUB-RECIPIENT shall provide the WTSC a copy of all third-party contracts and agreements entered into for purposes of fulfilling the SOW. Such third-party contracts and agreements must follow applicable federal, state, and local law, including but not limited to procurement law, rules, and procedures. If any of the funds provided under this Agreement include funds from NHTSA, such third-party contracts and agreements must include the federal provisions set forth in this Agreement in sections 32 through 40. 9. ATTORNEYS’ FEES In the event of litigation or other action brought to enforce the Agreement terms, each party agrees to bear its own attorney fees and costs. 10. BILLING PROCEDURE The SUB-RECIPIENT shall submit monthly invoices for reimbursement to WTSC with supporting documentation as WTSC shall require. All invoices for reimbursement shall be submitted through the WEMS invoicing process, or via alternate method if approved by WTSC. Payment to the SUB-RECIPIENT for approved and completed work will be made by warrant or account transfer by WTSC within 30 days of receipt of such properly documented invoices acceptable to WTSC. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 45 days after the expiration date of this Agreement. All invoices for goods received or services performed on or prior to June 30, 2022, must be received by WTSC no later than August 10, 2022. All invoices for goods received or services performed between July 1, 2022, and September 30, 2022, must be received by WTSC no later than November 15, 2022. WTSC reserves the right to delay the processing of invoices until activity reports required by Section 4 of this agreement, are received and approved. 11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION The SUB-RECIPIENT shall not use or disclose any information concerning the WTSC, or information which may be classified as confidential, for any purpose not directly connected with the administration of this Agreement, except with prior written consent of the WTSC, or as may be required by law. 12. COST PRINCIPLES Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E. 13. COVENANT AGAINST CONTINGENT FEES The SUB-RECIPIENT warrants that it has not paid, and agrees not to pay, any bonus, commission, brokerage, or contingent fee to solicit or secure this Agreement or to obtain approval of any application for federal financial assistance for this Agreement. The WTSC shall have the right, in the event of breach of this section by the SUB-RECIPIENT, to annul this Agreement without liability. 14. DISPUTES 14.1. Disputes arising in the performance of this Agreement, which are not resolved by agreement of the parties, shall be decided in writing by the WTSC Deputy Director or designee. This decision shall be final and conclusive, unless within 10 days from the date of the SUB-RECIPIENT’s receipt of WTSC’s written decision, the SUB-RECIPIENT furnishes a written appeal to the WTSC Director. The SUB-RECIPIENT’s appeal shall be decided in writing by the Director or designee within 30 days of receipt of the appeal by the Director. The decision shall be binding upon the SUB-RECIPIENT and the SUB-RECIPIENT shall abide by the decision. 14.2. Performance During Dispute. Unless otherwise directed by WTSC, the SUB-RECIPIENT shall continue performance under this Agreement while matters in dispute are being resolved. page 6 of 14 8.I.a Packet Pg. 141 Attachment: Interagency Agreement-2022-AG-4301-Pacific Highway (SR 99) South Walker and Roller Safety Program (2815 : Interagency 14.3 In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the Parties hereto agree that any such action or proceedings shall be brought in the superior court situated in Thurston County, Washington. 15. GOVERNANCE 15.1. This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. 15.2. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: 15.2.1. Applicable federal and state statutes and rules 15.2.2. Terms and Conditions of this Agreement 15.2.3. Any Amendment executed under this Agreement 15.2.4. Any SOW executed under this Agreement 15.2.5. Any other provisions of the Agreement, including materials incorporated by reference 16. INCOME Any income earned by the SUB-RECIPIENT from the conduct of the SOW (e.g., sale of publications, registration fees, or service charges) must be accounted for, reported to WTSC, and that income must be applied to project purposes or used to reduce project costs. 17. INDEMNIFICATION 17.1. To the fullest extent permitted by law, the SUB-RECIPIENT shall indemnify and hold harmless the WTSC, its officers, employees, and agents, and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs of whatsoever kind (“claims”) brought against WTSC arising out of or in connection with this Agreement and/or the SUB-RECIPIENT’s performance or failure to perform any aspect of the Agreement. This indemnity provision applies to all claims against WTSC, its officers, employees, and agents arising out of, in connection with, or incident to the acts or omissions of the SUB-RECIPIENT, its officers, employees, agents, contractors, and subcontractors. Provided, however, that nothing herein shall require the SUB-RECIPIENT to indemnify and hold harmless or defend the WTSC, its agents, employees, or officers to the extent that claims are caused by the negligent acts or omissions of the WTSC, its officers, employees or agents; and provided further that if such claims result from the concurrent negligence of (a) the SUB-RECIPIENT, its officers, employees, agents, contractors, or subcontractors, and (b) the WTSC, its officers, employees, or agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of the SUB- RECIPIENT, its officers, employees, agents, contractors, or subcontractors. 17.2. The SUB-RECIPIENT agrees that its obligations under this Section extend to any claim, demand and/or cause of action brought by, or on behalf of, any of its employees or agents in the performance of this agreement. For this purpose, the SUB- RECIPIENT, by mutual negotiation, hereby waives with respect to WTSC only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provisions chapter 51.12 RCW. 17.3. The indemnification and hold harmless provision shall survive termination of this Agreement. 18. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. page 7 of 14 8.I.a Packet Pg. 142 Attachment: Interagency Agreement-2022-AG-4301-Pacific Highway (SR 99) South Walker and Roller Safety Program (2815 : Interagency 19. INSURANCE COVERAGE 19.1. The SUB-RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial Insurance, if required by law. 19.2. If the SUB-RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prior to the start of any performance of work under this Agreement, the SUB-RECIPIENT shall provide WTSC with proof of insurance coverage (e.g., vehicle liability insurance, private property liability insurance, or commercial property liability insurance), as determined appropriate by WTSC, which protects the SUB-RECIPIENT and WTSC from risks associated with executing the SOW associated with this Agreement. 20. LICENSING, ACCREDITATION, AND REGISTRATION The SUB-RECIPIENT shall comply with all applicable local, state, and federal licensing, accreditation, and registration requirements and standards necessary for the performance of this Agreement. The SUB-RECIPIENT shall complete registration with the Washington State Department of Revenue, if required, and be responsible for payment of all taxes due on payments made under this Agreement. 21. RECORDS MAINTENANCE 21.1. During the term of this Agreement and for six years thereafter, the SUB-RECIPIENT shall maintain books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect costs expended in the performance of the services described herein. These records shall be subject to inspection, review, or audit by authorized personnel of the WTSC, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration. The Office of the State Auditor, federal auditors, the WTSC, and any duly authorized representatives shall have full access and the right to examine any of these materials during this period. 21.2. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving them a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. 22. RIGHT OF INSPECTION The SUB-RECIPIENT shall provide right of access to its facilities to the WTSC 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 Agreement. The SUB-RECIPIENT shall make available information necessary for WTSC to comply with the right to access, amend, and receive an accounting of disclosures of their Personal Information according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The SUB-RECIPIENT shall upon request make available to the WTSC and the United States Secretary of the Department of Health and Human Services all internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure of Personal Information obtained or used as a result of this Agreement. 23. RIGHTS IN DATA 23.1. WTSC and SUB-RECIPIENT agree that all data and work products (collectively called “Work Product”) pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright Act, 17 USC §101 et seq., and shall be owned by the state of Washington. Work Product includes, but is not limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies, computer programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, and/or page 8 of 14 8.I.a Packet Pg. 143 Attachment: Interagency Agreement-2022-AG-4301-Pacific Highway (SR 99) South Walker and Roller Safety Program (2815 : Interagency databases to the extent provided by law. Ownership includes the right to copyright, register the copyright, distribute, prepare derivative works, publicly perform, publicly display, and the ability to otherwise use and transfer these rights. 23.2. If for any reason the Work Product would not be considered a work made for hire under applicable law, the SUB-RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all rights in the Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. 23.3. The SUB-RECIPIENT may publish, at its own expense, the results of project activities without prior review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of the support provided by NHTSA and the WTSC. Any discovery or invention derived from work performed under this project shall be referred to the WTSC, who will determine through NHTSA whether patent protections will be sought, how any rights will be administered, and other actions required to protect the public interest. 24. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to completion of the SOW under this Agreement, the WTSC may terminate the Agreement under the "TERMINATION FOR CONVENIENCE" clause, without the 30 day notice requirement. The Agreement is subject to renegotiation at the WTSC’s discretion under any new funding limitations or conditions. 25. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 26. SITE SECURITY While on WTSC premises, the SUB-RECIPIENT, its agents, employees, or sub-contractors shall conform in all respects with all WTSC physical, fire, or other security policies and applicable regulations. 27. TAXES All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other such expenses for the SUB- RECIPIENT or its staff shall be the sole responsibility of the SUB-RECIPIENT. 28. TERMINATION FOR CAUSE If the SUB-RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreement or violates any of these terms and conditions, the WTSC will give the SUB-RECIPIENT written notice of such failure or violation, and may terminate this Agreement immediately. At the WTSC’s discretion, the SUB-RECIPIENT may be given 15 days to correct the violation or failure. In the event that the SUB-RECIPIENT is given the opportunity to correct the violation and the violation is not corrected within the 15- day period, this Agreement may be terminated at the end of that period by written notice of the WTSC. 29. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Agreement, either party may terminate this Agreement, without cause or reason, with 30 days written notice to the other party. If this Agreement is so terminated, the WTSC shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. 30. TREATMENT OF ASSETS page 9 of 14 8.I.a Packet Pg. 144 Attachment: Interagency Agreement-2022-AG-4301-Pacific Highway (SR 99) South Walker and Roller Safety Program (2815 : Interagency 30.1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property furnished by the SUB- RECIPIENT for the cost of which the SUB-RECIPIENT is entitled to be reimbursed as a direct item of cost under this Agreement shall pass to and vest in the WTSC upon delivery of such property by the SUB-RECIPIENT. Title to other property, the cost of which is reimbursable to the SUB-RECIPIENT under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such property in the performance of this Agreement, or (ii) commencement of use of such property in the performance of this Agreement, or (iii) reimbursement of the cost thereof by the WTSC in whole or in part, whichever first occurs. 30.2. Any property of the WTSC furnished to the SUB-RECIPIENT shall, unless otherwise provided herein or approved by the WTSC, be used only for the performance of this Agreement. 30.3. The SUB-RECIPIENT shall be responsible for any loss or damage to property of the WTSC which results from the negligence of the SUB-RECIPIENT or which results from the failure on the part of the SUB-RECIPIENT to maintain and administer that property in accordance with sound management practices. 30.4. If any WTSC property is lost, destroyed, or damaged, the SUB-RECIPIENT shall immediately notify the WTSC and shall take all reasonable steps to protect the property from further damage. 30.5. The SUB-RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion, termination, or cancellation of this Agreement. 30.6. All reference to the SUB-RECIPIENT under this clause shall also include SUB-RECIPIENT's employees, agents, or sub- contractors. 31. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement. APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 CFR PART 1300 APPENDIX A): 32. BUY AMERICA ACT The SUB-RECIPIENT will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using federal funds. Buy America requires the SUB-RECIPIENT to purchase only steel, iron, and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use federal funds to purchase foreign produced items, the WTSC must submit a waiver request that provides an adequate basis and justification, and which is approved by the Secretary of Transportation. 33. DEBARMENT AND SUSPENSION Instructions for Lower Tier Certification 33.1. By signing this Agreement, the SUB-RECIPIENT (hereinafter in this section referred to as the “lower tier participant”) is providing the certification set out below and agrees to comply with the requirements of 2 CFR part 180 and 23 CFR part 1300. 33.2. The certification in this section is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available page 10 of 14 8.I.a Packet Pg. 145 Attachment: Interagency Agreement-2022-AG-4301-Pacific Highway (SR 99) South Walker and Roller Safety Program (2815 : Interagency remedies, including suspension and/or debarment. 33.3. The lower tier participant shall provide immediate written notice to the WTSC if at any time the lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 33.4. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person, primary tier, principal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Covered Transactions sections of 2 CFR part 180. 33.5. The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by NHTSA. 33.6. The lower tier participant further agrees by signing this Agreement that it will include the clause titled “Instructions for Lower Tier Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions, and will require lower tier participants to comply with 2 CFR part 180 and 23 CFR part 1300. 33.7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of parties Excluded from Federal Procurement and Non-procurement Programs. 33.8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 33.9. Except for transactions authorized under paragraph 33.5. of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, the department or agency with which this transaction originated may disallow costs, annul or terminate the transaction, issue a stop work order, debar or suspend you, or take other remedies as appropriate. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions 33.10. The lower tier participant certifies, by signing this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 33.11. Where the lower tier participant is unable to certify to any of the statements in this certification, such participant shall attach an explanation to this Agreement. 34. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) 34.1. The SUB-RECIPIENT shall: 34.1.1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a page 11 of 14 8.I.a Packet Pg. 146 Attachment: Interagency Agreement-2022-AG-4301-Pacific Highway (SR 99) South Walker and Roller Safety Program (2815 : Interagency controlled substance is prohibited in the workplace, and shall specify the actions that will be taken against employees for violation of such prohibition. 34.1.2. Establish a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace; the SUB- RECIPIENT’s policy of maintaining a drug-free workplace; any available drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon employees for drug violations occurring in the workplace. 34.1.3. Make it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph 34.1.1. of this section. 34.1.4. Notify the employee in the statement required by paragraph 34.1.1. of this section that, as a condition of employment under the grant, the employee will abide by the terms of the statement, notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction, and notify the WTSC within 10 days after receiving notice from an employee or otherwise receiving actual notice of such conviction. 34.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 34.1.3. of this section, with respect to any employee who is so convicted: take appropriate personnel action against such an employee, up to and including termination, and/or require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. 34.1.6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above. 35. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) In accordance with FFATA, the SUB-RECIPIENT shall, upon request, provide WTSC the names and total compensation of the five most highly compensated officers of the entity, if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in federal awards, received $25,000,000 or more in annual gross revenues from federal awards, and if the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986. 36. FEDERAL LOBBYING 36.1. The undersigned certifies, to the best of his or her knowledge and belief, that: 36.1.1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 36.1.2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. 36.1.3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under grant, loans, and cooperative agreements), and that all sub- recipients shall certify and disclose accordingly. page 12 of 14 8.I.a Packet Pg. 147 Attachment: Interagency Agreement-2022-AG-4301-Pacific Highway (SR 99) South Walker and Roller Safety Program (2815 : Interagency 36.2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 37. NONDISCRIMINATION (Title VI, 42 U.S.C. § 2000d et seq.) 37.1. During the performance of this Agreement, the SUB-RECIPIENT agrees: 37.1.1. To comply with all federal nondiscrimination laws and regulations, as may be amended from time to time. 37.1.2. Not to participate directly or indirectly in the discrimination prohibited by any federal non-discrimination law or regulation, as set forth in Appendix B of 49 CFR Part 21 and herein. 37.1.3. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the WTSC, USDOT, or NHTSA. 37.1.4. That, in the event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding Agreement, the WTSC will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies, and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part. 37.1.5. To insert this clause, including all paragraphs, in every sub-contract and sub-agreement and in every solicitation for a sub- contract or sub-agreement that receives federal funds under this program. 38. POLITICAL ACTIVITY (HATCH ACT) The SUB-RECIPIENT will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 39. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE The SUB-RECIPIENT will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. This Agreement does not include any aspects or elements of helmet usage or checkpoints, and so fully complies with this requirement. 40. STATE LOBBYING None of the funds under this Agreement will be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a state official whose salary is supported with NHTSA funds from engaging in direct communications with state or local legislative officials, in accordance with customary state practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. 41. DESIGNATED CONTACTS The following named individuals will serve as designated contacts for each of the parties for all communications, notices, and reimbursements regarding this Agreement: page 13 of 14 8.I.a Packet Pg. 148 Attachment: Interagency Agreement-2022-AG-4301-Pacific Highway (SR 99) South Walker and Roller Safety Program (2815 : Interagency The Contact for the SUB-RECIPIENT is:The Contact for WTSC is: Sara Wood swood@kentwa.gov 253-856-5856 Jerry Noviello jnoviello@wtsc.wa.gov 360-725-9897 ext. 42.AUTHORITY TO SIGN The undersigned acknowledge that they are authorized to execute this Agreement and bind their respective agencies or entities to the obligations set forth herein. IN WITNESS WHEREOF, the parties have executed this Agreement. City of Kent {{_es_:signer1:signatureblock}} Name: Dana Ralph Title: Mayor WASHINGTON TRAFFIC SAFETY COMMISSION {{_es_:signer2:signatureblock}} Name: Pam Pannkuk Title: Deputy Director page 14 of 14 8.I.a Packet Pg. 149 Attachment: Interagency Agreement-2022-AG-4301-Pacific Highway (SR 99) South Walker and Roller Safety Program (2815 : Interagency DATE: September 7, 2021 TO: Kent City Council SUBJECT: Downey Side Channel Restoration – RCO Grant Resolution – Adopt MOTION: I move to adopt Resolution No. 2031 in support of the City’s application for Grant #20-1067 to the Washington Recreation and Conservation Office to assist with funding for completion of the Downey Side Channel Restoration Project. SUMMARY: The Downey Farmstead Side Channel Restoration Project (Project) will construct a multi-stem 2,000 linear foot side channel tributary to the Green River to provide rearing and refuge habitat for threatened Chinook and other salmon species and will provide approximately 130 acre-feet of floodplain storage to reduce flood risk in the area. To date, the Project has relocated utilities, cleared and grubbed the former tree farm, excavated roughly 152,000 cubic yards of material, installed six habitat structures, installed roughly 10,000 native plants with city crews, relocated 2,100 linear feet of Frager Road, and constructed a separate pedestrian/cyclist trail. Construction of Phase 4 was recently completed in 2021. The final phase of work is anticipated to begin early summer 2022. Under the provisions of the Salmon Recovery Act, the City is requesting state grant assistance administered by the Washington State Recreation and Conservation Office (RCO) to aid in financing the Project. The RCO, which administers the Salmon Recovery Funding Board grants for the state, requires that an authorization resolution be signed before a project agreement can be finalized. This resolution provides the required authorization to the RCO for future grant agreements. This grant will support the completion of the Downey Side Channel Restoration project. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. 8.J Packet Pg. 150 Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Downey Application Resolution+Authorization (PDF) 08/24/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 9/7/2021 7:00 PM 8.J Packet Pg. 151 1 Recreation & Conservation Office Grants 20-1067 Downey Farmstead Side Channel II RESOLUTION NO. 2031 A RESOLUTION of the City Council of the City of Kent, Washington, that: (1) authorizes the submission of applications for grant funding assistance through the Recreation and Conservation Office as provided for in Chapter 77.85 of the Revised Code of Washington, and Chapter 420 of the Washington Administrative Code and other applicable authorities; and (2) identifies the Public Works Director and/or Mayor as the City's authorized representatives for purposes of securing the grant and binding the City to the grant's terms and conditions. RECITALS A. The City of Kent is working on the Downey Farmstead Side Channel Restoration Phase II, number 20-1067, as part of the Downey Side Channel salmon habitat restoration project. B. The City of Kent considers it in the best public interest to complete the projects described in the applications and to seek grant assistance through the Recreation and Conservation Office to aid in financing the cost of those projects. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 8.J.a Packet Pg. 152 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) 2 Recreation & Conservation Office Grants 20-1067 Downey Farmstead Side Channel II RESOLUTION SECTION 1. – Intent to Apply. The City has applied for or intends to apply for funding assistance managed by the Washington Recreation and Conservation Office (“Office”) for the Downey Farmstead Side Channel Restoration Phase II, number 20-1067, as part of the Downey Side Channel salmon habitat restoration project (“Project”). SECTION 2. – Authorized Representative. The City authorizes the following person or persons holding specified titles/positions (and subsequent holders of those titles/positions) to execute the following documents binding the City on the above projects: Grant Document Name of Signatory or Title of Person Authorized to Sign Grant application (submission thereof) Melissa Dahl, Environmental Engineer II Project contact (day-to-day administering of the grant and communicating with the RCO) Melissa Dahl, Environmental Engineer II Office Grant Agreement (Agreement) Dana Ralph, Mayor Agreement amendments Dana Ralph, Mayor Authorizing property and real estate documents (Notice of Grant, Deed of Right or Assignment of Rights if applicable). These are items that are typical recorded on the property with the county. Dana Ralph, Mayor The above persons are considered an “authorized representative(s)/agent(s)” for purposes of the documents indicated. The City shall comply with a request from the Office to provide documentation of persons who may be authorized to execute documents related to the grant. SECTION 3. – Grant Agreement. The City has reviewed the sample Grant Agreement on the Office’s website at: https://rco.wa.gov/wp- content/uploads/2019/06/SampleProjAgreement.pdf. The City understands and acknowledges that if offered an agreement to sign in the future, it will 8.J.a Packet Pg. 153 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) 3 Recreation & Conservation Office Grants 20-1067 Downey Farmstead Side Channel II contain an indemnification and legal venue stipulation and other terms and conditions substantially in the form contained in the sample Agreement and that such terms and conditions of any signed Agreement shall be legally binding on the sponsor if the representative/agent enters into an Agreement on the City’s behalf. The Office reserves the right to revise the Agreement prior to execution. SECTION 4. – Legal Authority. The City acknowledges and warrants, after conferring with its legal counsel, that its authorized representative(s)/agent(s) identified above have full legal authority to act and sign on behalf of the City for their assigned role/document. SECTION 5. – Contingent Funding. Grant assistance is contingent on a signed agreement. Entering into any agreement with the Office is purely voluntary on the City’s part. SECTION 6. – Varying Policies and Requirements. The City understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the agreement, the characteristics of the project, and the characteristics of the City. SECTION 7. – Revisions to Agreement. The City further understands that prior to the City’s authorized representative(s)/agent(s) executing any of the documents listed above, the Office may make revisions to its sample Agreement and that such revisions could include the indemnification and the legal venue stipulation. The City accepts the legal obligation that the City shall, prior to execution of the Agreement(s), confer with the City’s authorized representative(s)/agent(s) as to any revisions to the project Agreement from that of the sample Agreement. The City also acknowledges and accepts that if the City’s authorized representative(s)/agent(s) executes 8.J.a Packet Pg. 154 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) 4 Recreation & Conservation Office Grants 20-1067 Downey Farmstead Side Channel II the Agreement(s) with any such revisions, all terms and conditions of the executed Agreement shall be conclusively deemed to be executed with the City’s authorization. SECTION 8. – Allowable Costs. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above. SECTION 9. –Matching Funds Availability. If match is required for the grant, the City understands it must certify the availability of match at least one month before funding approval. In addition, The City understands it is responsible for supporting all non-cash matching share commitments to these projects should they not materialize. SECTION 10. – Reimbursement Basis. The City acknowledges that if it receives grant funds managed by the Office, the Office will pay the City on only a reimbursement basis. The City understands reimbursement basis means that the City will only request payment from the Office after the City incurs grant eligible and allowable costs and pays them. The Office may also determine an amount of retainage and hold that amount until all project deliverables, grant reports, or other responsibilities are complete. SECTION 11. – Property Dedication for Development, Renovation, Enhancement, and Restoration Projects. The City acknowledges that any property owned by the City that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy, or Office in writing and per the Agreement or an amendment thereto. 8.J.a Packet Pg. 155 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) 5 Recreation & Conservation Office Grants 20-1067 Downey Farmstead Side Channel II Section 12. – Conflicts. The City certifies the following: the Project does not conflict with the Puget Sound Action Agenda developed by the Puget Sound Partnership under RCW 90.71.310. SECTION 13. - Resolution a Part of Application. This resolution is deemed to be part of the formal grant application to the Office. SECTION 14. – Certification. The City warrants and certifies that this resolution was properly and lawfully adopted following the requirements of the City and applicable laws and policies, and that the City has full legal authority to commit itself to the warranties, certifications, promises and obligations set forth herein. SECTION 15. - Effective Date and Approval. This resolution will take effect immediately and is signed and approved by the Mayor through a majority vote of the City Council for the City of Kent. A copy of this resolution is on file with the Kent City Clerk at 220 Fourth Avenue South, Kent, WA. September 7, 2021 DANA RALPH, MAYOR Date Approved ATTEST: September 7, 2021 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 8.J.a Packet Pg. 156 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 1 of 50 2020 RCO GRANT AGREEMENT This agreement template is used by the Recreation and Conservation Office (RCO) for the management of the grant and other programs it administers. This example is provided for review by applicants’ and their counsel as they seek grant funding managed by RCO. This grant agreement will contain changes at issuance based on the specifics of each funded project. For instance, changes will occur based on the applicant, funding program, fund source, project type, rule or law changes, and other factors. Applicants that receive funding from RCO are encouraged to thoroughly review their customized grant agreement prior to final signature. RCO reserves the right to make updates to this template. RCO GRANT AGREEMENT Project Name: __________________________ Project Number: ________________________ Issuance Date: ________________________ A. PARTIES OF THE GRANT AGREEMENT. 1. This Recreation and Conservation Office Grant Agreement (Agreement) is entered into between the State of Washington {FundingAgency} Recreation and Conservation Office (RCO), P.O. Box 40917, Olympia, Washington 98504-0917 and {PrimarySponsorNameAddress} {SecondarySponsorNameAddress}, and shall be binding on the agents and all persons acting by or through the parties. 2. The Sponsor’s Data Universal Numbering System (DUNS) Number is {DUNNSNumber}. 3. All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that expressly apply only to the primary Sponsor. 4. Prior to and During the Period of Performance, Per the Applicant Resolution/Authorizations submitted by all sponsors (and on file with the RCO), the identified Authorized Representative(s)/Agent(s) have full authority to legally bind the Sponsor(s) regarding all matters related to the project, including but not limited to, full authority to: (1) sign a grant application for grant assistance, (2) enter into this project agreement on behalf of the Sponsor(s) including indemnification, as provided therein, (3) enter any amendments thereto on behalf of Sponsor(s), and (4) make any decisions and submissions required with respect to the project. Agreements and amendments must be signed by the Authorized Representative/Agent(s) of all Sponsors, unless otherwise allowed in the AMENDMENTS TO AGREEMENT Section. a. During the Period of Performance, in order for a Sponsor to change its Authorized Representative/Agent as identified on the original signed Applicant Resolution/Authorization the Sponsor must provide the RCO a new Applicant 8.J.a Packet Pg. 157 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 2 of 50 2020 RCO GRANT AGREEMENT Resolution/Authorization signed by its governing body. Unless a new Applicant Resolution/Authorization has been provided, the RCO shall proceed on the basis that the person who is listed as the Authorized Representative in the last Resolution/Authorization that RCO has received is the person with authority to bind the Sponsor to the Agreement (including any amendments thereto) and decisions related to implementation of the Agreement. b. Amendments After the Period of Performance. RCO reserves the right to request and Sponsor has the obligation to provide, authorizations and documents that demonstrate any signatory to an amendment has the authority to legally bind the Sponsor as described in the above Sections A and J. 5. For the purposes of this Agreement, as well as for grant management purposes with RCO, only the primary Sponsor may act as a fiscal agent to obtain reimbursements (See PROJECT REIMBURSEMENTS Section). B. PURPOSE OF AGREEMENT. This Agreement sets out the terms and conditions by which a grant is made from the {AccountName} of the State of Washington. The grant is administered by the RCO. C. DESCRIPTION OF PROJECT. {ProjectDescription} D. PERIOD OF PERFORMANCE. 1. The period of performance begins on {StartDate} (project start date) and ends on {EndDate} (project end date). No allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written amendment or addendum to this Agreement, or specifically provided for by applicable RCWs, WACs, and any applicable RCO manuals as of the effective date of this Agreement. 2. The RCO reserves the right to summarily dismiss any request to amend this Agreement if not made at least 60 days before the project end date. E. STANDARD TERMS AND CONDITIONS INCORPORATED. The RCO Standard Terms and Conditions of the Agreement are hereby incorporated by reference as part of this Agreement. F. LONG-TERM OBLIGATIONS. (This is a custom section based on project, program, and sponsor type. See attached spreadsheet of those that may apply.) G. PROJECT FUNDING. 8.J.a Packet Pg. 158 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 3 of 50 2020 RCO GRANT AGREEMENT The total grant award provided for this project shall not exceed {RCOAmount}. The RCO shall not pay any amount beyond that approved for grant funding of the project and within the percentage as identified below. The Sponsor shall be responsible for all total project costs that exceed this amount. The minimum matching share provided by the Sponsor shall be as indicated below: {FundingTable} H. FEDERAL FUND INFORMATION. (This section only appears if there is federal funding nexus) {FederalFundingInfo} This funding is not research and development (R&D). If the Sponsor’s total federal expenditures are $750,000 or more during the Sponsor’s fiscal-year, the Sponsor is required to have a federal single audit conducted for that year in compliance with 2 C.F.R. Part 200, Sub Part F–Audit Requirements, Section 500 (2013). The Sponsor must provide a copy of the final audit report to RCO within nine months of the end of the Sponsor’s fiscal year, unless a longer period is agreed to in advance by the federal agency identified in this section. Sponsor shall comply with the federal “Omni-circular” (2 C.F.R. Part 200). RCO may suspend all reimbursements if the Sponsor fails to timely provide a single federal audit; further the RCO reserves the right to suspend any and all RCO Agreement(s) with the Sponsor if such noncompliance is not promptly cured. I. RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS. All rights and obligations of the parties under this Agreement are further specified in and shall be interpreted in light of the Sponsor’s application and the project summary and eligible scope activities under which the Agreement has been approved and/or amended as well as documents produced in the course of administering the Agreement, including the eligible scope activities, the milestones report, progress reports, and the final report. Provided, to the extent that information contained in such documents is irreconcilably in conflict with this Agreement, it shall not be used to vary the terms of the Agreement, unless the terms in the Agreement are shown to be subject to an unintended error or omission. This “Agreement” as used here and elsewhere in this document, unless otherwise specifically stated, has the meaning set forth in the definitions of the Standard Terms and Conditions. The following Exhibits are attached as part of this Agreement: (This is a custom section listing things like “Expanded Scope of Work,” “Milestones,” and “Eligible Scope Items,”which become part of this agreement.) If an exhibit is referenced in this Agreement as an exhibit or attached to this Agreement, regardless whether it is on this list, it shall still be considered part of this Agreement. J. AMENDMENTS TO AGREEMENT. 1. Except as provided herein, no amendment (including without limitation, deletions) of this Agreement will be effective unless set forth in writing signed by all parties. Exception: extensions of the Period of Performance and minor scope adjustments need only be signed by 8.J.a Packet Pg. 159 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 4 of 50 2020 RCO GRANT AGREEMENT RCO’s director or designee and consented to in writing (including email) by the Sponsor’s Authorized Representative/Agent or Sponsor’s designated point of contact for the implementation of the Agreement (who may be a person other than the Authorized Agent/Representative), unless otherwise provided for in an amendment. This exception does not apply to a federal government Sponsor or a Sponsor that requests and enters into a formal amendment for extensions or minor scope adjustments. 2. It is the responsibility of a Sponsor to ensure that any person who signs an amendment on its behalf is duly authorized to do so. 3. Unless otherwise expressly stated in an amendment, any amendment to this Agreement shall be deemed to include all current federal, state, and local government laws and rules, and policies applicable and active and published in the applicable RCO manuals or on the RCO website in effect as of the effective date of the amendment, without limitation to the subject matter of the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone. However, any such amendment, unless expressly stated, shall not extend or reduce the long-term obligation term. K. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND POLICIES. 1. This Agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations, applicable RCO manuals as identified below, Exhibits, and any applicable federal program and accounting rules effective as of the date of this Agreement or as of the effective date of an amendment, unless otherwise provided in the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone unless otherwise expressly stated in the amendment. 2. For the purpose of this Agreement, {WAC…} shall apply as terms of this Agreement. 3. For the purpose of this Agreement, the following RCO manuals are deemed applicable and shall apply as terms of this Agreement: {CustomApplicableManuals} Provided, where a manual refers to a funding board’s responsibility and/or authority but the funding board is not involved with the grant or successor to an entity that was involved, the RCO director shall have that responsibility and/or authority if such responsibilities and/or authority falls within the RCO’s statutory responsibilities and/or authority or within a lawful delegation by the board to the RCO. L. SPECIAL CONDITIONS. {CustomSpecialConditionsAsMayApply} M. AGREEMENT CONTACTS. The parties will provide all written communications and notices under this Agreement to either or both the mail address and/or the email address listed below: 8.J.a Packet Pg. 160 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 5 of 50 2020 RCO GRANT AGREEMENT {CustomProjectContacts} These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any change. Unless otherwise provided for in this Agreement, decisions relating to the Agreement must be made by the Authorized Representative/Agent, who may or may not be the Project Contact for purposes of notices and communications. N. ENTIRE AGREEMENT. This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. O. EFFECTIVE DATE. 1. Unless otherwise provided for in this Agreement, this Agreement, for project {ProjectNumber}, shall not be effective and binding until the date signed by both the sponsor and the RCO’s authorized representative, whichever is later (Effective Date). Reimbursements for eligible and allowable costs incurred within the period of performance identified in the PERIOD OF PERFORMANCE Section are allowed only when this Agreement is fully executed and an original is received by RCO. 2. The Sponsor has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement and the STANDARD TERMS AND CONDITIONS OF THE RCO GRANT AGREEMENT. The signators listed below represent and warrant their authority to bind the parties to this Agreement. Signatures: Sponsor/Date Recreation and Conservation Office/Date 8.J.a Packet Pg. 161 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 6 of 50 2020 RCO GRANT AGREEMENT Standard Terms and Conditions of the RCO Grant Agreement Table of Contents 1. CITATIONS, HEADINGS AND DEFINITIONS. ........................................................................................... 8 2. PERFORMANCE BY THE SPONSOR. ..................................................................................................... 13 3. ASSIGNMENT. ..................................................................................................................................... 14 4. RESPONSIBILITY FOR PROJECT. ........................................................................................................... 14 5. INDEMNIFICATION. ............................................................................................................................. 14 6. INDEPENDENT CAPACITY OF THE SPONSOR. ...................................................................................... 16 7. CONFLICT OF INTEREST. ...................................................................................................................... 16 8. COMPLIANCE WITH APPLICABLE LAW. ............................................................................................... 16 9. ARCHAEOLOGICAL AND CULTURAL RESOURCES RESPONSIBILITIES ................................................... 18 10. RECORDS. ............................................................................................................................................ 23 11. PROJECT FUNDING. ............................................................................................................................. 24 12. PROJECT REIMBURSEMENTS. ............................................................................................................. 25 13. ADVANCE PAYMENTS. ........................................................................................................................ 27 14. RECOVERY OF PAYMENTS. .................................................................................................................. 27 15. COVENANT AGAINST CONTINGENT FEES. .......................................................................................... 27 16. INCOME (AND FEES) AND USE OF INCOME. ....................................................................................... 27 17. PROCUREMENT REQUIREMENTS. ....................................................................................................... 28 18. TREATMENT OF EQUIPMENT AND ASSETS. ........................................................................................ 29 19. RIGHT OF INSPECTION. ....................................................................................................................... 30 20. STEWARDSHIP AND MONITORING. .................................................................................................... 30 21. PREFERENCES FOR RESIDENTS. ........................................................................................................... 30 22. ACKNOWLEDGMENT AND SIGNS. ....................................................................................................... 30 23. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND RESTORATION PROJECTS. ........................................................................................................................................... 31 24. PROVISIONS APPLYING TO ACQUISITION PROJECTS. ......................................................................... 32 25. LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS. ........................................................ 34 26. CONSTRUCTION, OPERATION, USE, AND MAINTENANCE OF ASSISTED PROJECTS. ........................... 35 27. RECORDED NOTICE OF GRANT. ........................................................................................................... 36 28. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS. ................................. 36 29. PROVISIONS FOR FEDERAL SUBAWARDS............................................................................................ 36 30. PROVISIONS FOR BOATING INFRASTRUCTURE GRANTS..................................................................... 39 31. PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION PROJECTS. ................................... 39 8.J.a Packet Pg. 162 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 7 of 50 2020 RCO GRANT AGREEMENT 32. PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS. ........................................... 40 33. PROVISIONS FOR FARMLAND AND FORESTLAND PRESERVATION PROJECTS. ................................... 41 34. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS. ................................................ 41 35. PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS. ............................... 41 36. ORDER OF PRECEDENCE. .................................................................................................................... 46 37. LIMITATION OF AUTHORITY. ............................................................................................................... 47 38. WAIVER OF DEFAULT. ......................................................................................................................... 47 39. APPLICATION REPRESENTATIONS – MISREPRESENTATIONS OR INACCURACY OR BREACH. ............. 47 40. SPECIFIC PERFORMANCE. ................................................................................................................... 47 41. TERMINATION AND SUSPENSION. ...................................................................................................... 47 42. DISPUTE HEARING. .............................................................................................................................. 49 43. ATTORNEYS’ FEES. ............................................................................................................................... 50 44. GOVERNING LAW/VENUE. .................................................................................................................. 50 45. SEVERABILITY. ..................................................................................................................................... 50 46. END OF AGREEMENT. ......................................................................................................................... 50 8.J.a Packet Pg. 163 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 8 of 50 2020 RCO GRANT AGREEMENT STANDARD TERMS AND CONDITIONS OF THE RCO GRANT AGREEMENT Last Updated: __February 12, 2020 _ 1. CITATIONS, HEADINGS AND DEFINITIONS. A) Any citations referencing specific documents refer to the current version on the effective date of this Agreement or the effective date of any amendment thereto. B) Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. C) Definitions. As used throughout this Agreement, the following terms shall have the meaning set forth below: acquisition project – A project that purchases or receives a donation of a right to or in real property including, but not limited to, fee simple land acquisition, conservation easement, access/trail/recreational easements, covenants, leases, water rights, and mineral rights. Agreement, terms of the Agreement, or project agreement – The document entitled “RCO GRANT AGREEMENT” accepted by all parties to the present project and transaction, including without limitation the Standard Terms and Conditions of the RCO Grant Agreement, all exhibits, attachments, addendums, amendments, and applicable manuals, and any intergovernmental agreements, and/or other documents that are incorporated into the Agreement subject to any limitations on their effect under this Agreement. applicable manual(s), manual -- A manual designated in this Agreement to apply as terms of this Agreement, subject (if applicable) to substitution of the “RCO director” for the term “board” in those manuals where the project is not approved by or funded by the referenced board, or a predecessor to the board. applicable WAC(s) -- Designated chapters or provisions of the Washington Administrative Code that apply by their terms to the type of grant in question or are deemed under this Agreement to apply as terms of the Agreement, subject to substitution of the “RCO director” for the term “board” or “agency” in those cases where the RCO has contracted to or been delegated to administer the grant program in question. applicant – Any party, prior to becoming a Sponsor, who meets the qualifying standards/eligibility requirements for the grant application or request for funds in question. application – The documents and other materials that an applicant submits to the RCO to support the applicant’s request for grant funds; this includes materials required for the “Application” in the RCO’s automated project information system, and other documents as noted on the application checklist including but not limited to legal opinions, maps, plans, evaluation presentations and scripts. 8.J.a Packet Pg. 164 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 9 of 50 2020 RCO GRANT AGREEMENT archeological, cultural, and historic resources - Archeological sites and artifacts, and traditional areas or items of religious, ceremonial and/or social (significance to) (uses of) tribes affected by or interested in the project. This also refers to built environments and places with historical significance for the nation, state, or local area. authorized representative/agent – A Sponsor’s agent (employee, political appointee, elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor’s signature. This person has the signature authority to bind the Sponsor to this Agreement, grant, and project. C.F.R. – Code of Federal Regulations completed project or project completion - The status of a project when all of the following have occurred: 1. The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of work to implement the project have been completed satisfactorily, 2. A final project report is submitted to and accepted by RCO, 3. Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been delivered to the RCO 4. A final reimbursement request has been paid by RCO. 5. Property rights (including RCO’s as may apply) have been recorded (as may apply) contractor – An entity that receives a contract from a Sponsor related to performance of work or another obligation under this Agreement. compliance period, or long-term compliance period – The term of years, beginning on the end date of the agreement, when long-term obligations exist for the Sponsor. The start date and end date of the compliance period may also be prescribed by RCO per the Agreement. conversion – A conversion occurs 1) when facilities acquired, developed, renovated or restored within the project area are changed to a use other than that for which funds were approved, without obtaining prior written formal RCO or board approval, 2) when property interests are conveyed to a third party not otherwise eligible to receive grants in the program from which funding was approved without obtaining prior written formal RCO or board approval, or 3) when obligations to operate and maintain the funded property are not complied with after reasonable opportunity to cure. development project – A project that results in the construction of, or work resulting in, new elements, including but not limited to structures, facilities, and/or materials to enhance outdoor recreation resources. A development project may also involve activities that redevelop or renovate an existing facility, and these may occur exclusively in the project or in combination with new construction. For projects in the Boating Facilities Program, the term “development project” includes all of the above and may also include those activities that are defined as maintenance in 50 C.F.R 86. director or Director – The chief executive officer of the Recreation and Conservation Office or that person’s designee. 8.J.a Packet Pg. 165 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 10 of 50 2020 RCO GRANT AGREEMENT education project – A project that provides information, education, and outreach programs and/or services for the benefit of outdoor recreationists. This project may involve limited amounts of capital construction or installation of tangible property. education and enforcement project – A project that provides information, education, and outreach programs or services; encourages responsible recreational behavior, and may provide law enforcement for the benefit of outdoor recreationists. This project may involve limited amounts of capital construction or installation of tangible property, and equipment purchases. effective date – The date when the signatures of all parties to this agreement are present in the agreement. enhancement project – A project that (i) supports hatchery reform to improve hatchery effectiveness to minimize impacts to wild fish populations, (ii) ensures compatibility between hatchery production and salmon recovery programs, or (iii) supports sustainable fisheries (WAC 420.04.010). equipment – Tangible personal property (including information technology systems) having a useful service life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the Sponsor or $5,000 (2 C.F.R. § 200.33 (2013)). funding board or board – The Washington State Recreation and Conservation Funding Board, or the Washington State Salmon Recovery Funding Board. Or both as may apply. Funding Entity – the entity that approves the project that is the subject to this Agreement. grant program – The source of the grant funds received. May be an account in the state treasury, or a grant category within a larger grant program, or a federal source. indirect cost – Costs incurred for a common or joint purpose benefitting more than one cost objective, and not readily assignable to the cost objectives specifically benefitted, without effort disproportionate to the results achieved (2 C.F.R. § 200.56 (2013)). compliance period, or long-term compliance period – The term of years, beginning on the end date of the agreement, when long-term obligations exist for the Sponsor. The start date and end date of the compliance period may also be prescribed by RCO per the Agreement. long-term obligations – Sponsor’s obligations after the project end date, as specified in the Agreement and manuals and other exhibits as may apply. landowner agreement – An agreement that is required between a Sponsor and landowner for projects located on land not owned or otherwise controlled by the Sponsor. maintenance project – A project that maintains existing areas and facilities through repairs and upkeep for the benefit of outdoor recreation. maintenance and operation project – A project that maintains and operates existing areas and facilities through repairs, upkeep, and routine services for the benefit of outdoor recreationists. match or matching share – The portion of the total project cost provided by the Sponsor. 8.J.a Packet Pg. 166 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 11 of 50 2020 RCO GRANT AGREEMENT milestone – An important event with a defined date to track an activity related to implementation of a funded project and monitor significant stages of project accomplishment. monitoring project – Means a project that tracks the effectiveness of salmon recovery restoration actions, or provides data on salmon populations or their habitat conditions. monitoring and research project – Means a project that tracks the effectiveness of salmon recovery restoration actions, or provides data on salmon populations or their habitat conditions. Office – Means the Recreation and Conservation Office or RCO. notice of grant – As required by RCO or another authority, a document that has been legally recorded on the property title of the project area(s) in the county or counties where the project property is located, or with the United States Government, that describes the project area on the property, the funding sources, and agencies responsible for awarding the grant. pass-through entity – A non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program (2 C. F. R. § 200.74 (2013)). If this Agreement is a federal subaward, RCO is the pass-through entity. period of performance – The period beginning on the project start date and ending on the project end date. planning project - A project that results in one or more of the following: 1) a study, a plan, assessment, project design, inventory, construction plans and specifications, and permits; or 2) a project that provides money to facilitate the work of an organization engaged in planning and coordination, or resource stewardship. pre-agreement cost – A project cost incurred before the period of performance. primary Sponsor – The Sponsor who is not a secondary Sponsor and who is specifically identified in the Agreement as the entity to which RCO grants funds to and authorizes and requires to administer the grant. Administration includes but is not limited to acting as the fiscal agent for the grant (e.g. requesting and accepting reimbursements, submitting reports). Primary Sponsor includes its officers, employees, agents and successors. project – The undertaking that is funded by this Agreement either in whole or in part with funds administered by RCO. project area - A geographic area that delineates a grant assisted site which is subject to project agreement requirements. project area (for projects where WAC 420 is applied) - The area consistent with the geographic limits of the scope of work of the project and subject to project agreement requirements. For restoration projects, the project area must include the physical limits of the project's final site plans or final design plans. For acquisition projects, the project area must include the area described by the legal description of the properties acquired for or committed to the project (WAC 420.04.010). completed project or project completion - The status of a project when all of the following have occurred: 8.J.a Packet Pg. 167 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 12 of 50 2020 RCO GRANT AGREEMENT 1. The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of work to implement the project have been completed satisfactorily, 2. A final project report is submitted to and accepted by RCO, 3. Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been delivered to the RCO 4. A final reimbursement request has been paid by RCO. 5. Property rights (including RCO’s as may apply) have been recorded (as may apply) project cost – The total allowable costs incurred under this Agreement and all required match share and voluntary committed matching share, including third-party contributions (see also 2 C.F.R. § 200.83 (2013) for federally funded projects). project end date – The specific date identified in the Agreement on which the period of performance ends, as may be changed by amendment. This date is not the end date for any long- term obligations. project start date – The specific date identified in the Agreement on which the period of performance starts. RCFB – Recreation and Conservation Funding Board RCO – Recreation and Conservation Office – The state agency that administers the grant that is the subject of this Agreement. RCO includes the director and staff. RCW – Revised Code of Washington Recreational Trails Program (RTP) – A Federal Highways Administration grant program. reimbursement – RCO’s payment of funds to the Sponsor for eligible and allowable costs that have already been paid by the Sponsor per the terms of the Agreement. renovation project – A project intended to improve an existing site or structure in order to increase its useful service life beyond current expectations or functions. This does not include maintenance activities to maintain the facility for its originally expected useful service life. research project – Means a project that studies salmon and the effectiveness of recovery restoration efforts on the population or habitat condition. restoration project – A project intended to bring a site back to its historic function as part of a natural ecosystem, or one intended to improve the ecological or habitat functionality or capacity of (or part of) a site, landscape, marine environment, or watershed. restoration and enhancement project – A project intended to bring a site back to its historic function as part of a natural ecosystem or that improves the ecological functionality of a site or a larger ecosystem which improvement may include benefiting (or exclusively benefit) fish stocks. secondary Sponsor – One of two or more Sponsors who is not a primary Sponsor. Only the primary Sponsor may be the fiscal agent for the project. Sponsor – A Sponsor is an organization that is listed in and has signed this Agreement. 8.J.a Packet Pg. 168 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 13 of 50 2020 RCO GRANT AGREEMENT Sponsor Authorized Representative/Agent – A Sponsor’s agent (employee, political appointee, elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor signature. This person has the signature authority to bind the Sponsor to this Agreement, grant, and project. SRFB – Salmon Recovery Funding Board State. The funding board and RCO are included within the term State, as are all other agencies, departments, boards, councils, committees, divisions, bureaus, offices, societies, or other entities of Washington state government. subaward – Funds allocated to the RCO from another organization, for which RCO makes available to or assigns to another organization via this Agreement. Also, a subaward may be an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of any award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a federal or other program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. Also see 2 C.F.R. § 200.92 (2013). For federal subawards, a subaward is for the purpose of carrying out a portion of a Federal award and creates a federal assistance relationship with the subrecipient (2 C.F.R. § 200.330 (2013)). If this Agreement is a federal subaward, the subaward amount is the grant program amount in the PROJECT FUNDING Section. subrecipient – Subrecipient means an entity that receives a subaward. For non-federal entities receiving federal funds, a subrecipient is an entity that receives a subaward from a pass-through entity to carry out part of a federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other federal awards directly from a federal awarding agency (2 C.F.R. § 200.93 (2013)). If this Agreement is a federal subaward, the Sponsor is the subrecipient. tribal consultation – Outreach, and consultation with one or more federally recognized tribes (or a partnership or coalition or consortium of such tribes, or a private tribal enterprise) whose rights will or may be significantly affected by the proposed project. This includes sharing with potentially- affected tribes the scope of work in the grant and potential impacts to natural areas, natural resources, and the built environment by the project. It also includes responding to any tribal request from such tribes and considering tribal recommendations for project implementation which may include not proceeding with parts of the project, altering the project concept and design, or relocating the project or not implementing the project, all of which RCO shall have the final approval of. useful service life – Period during which a built asset, equipment, or fixture is expected to be useable for the purpose it was acquired, installed, developed, and/or renovated, or restored per this Agreement. WAC – Washington Administrative Code. 2. PERFORMANCE BY THE SPONSOR. 8.J.a Packet Pg. 169 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 14 of 50 2020 RCO GRANT AGREEMENT a. The Sponsor shall undertake the project as described in this Agreement, and in accordance with the Sponsor's proposed goals and objectives described in the application or documents submitted with the application, all as finally approved by the RCO (to include any RCO approved changes or amendments thereto). All submitted documents are incorporated by this reference as if fully set forth herein. b. Timely completion of the project and submission of required documents, including progress and final reports, is important. Failure to meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement. 3. ASSIGNMENT. Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Sponsor without prior written approval of the RCO. 4. RESPONSIBILITY FOR PROJECT. a. While RCO administers the grant that is the subject of this Agreement, the project itself remains the sole responsibility of the Sponsor. The RCO and Funding Entity (if different from the RCO) undertakes no responsibilities to the Sponsor, or to any third party, other than as is expressly set out in this Agreement. b. The responsibility for the implementation of the project is solely that of the Sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any way to the project. When a project has more than one Sponsor, any and all Sponsors are equally responsible for the project and all post-completion stewardship responsibilities and long- term obligations unless otherwise stated in this Agreement. c. The RCO, its employees, assigns, consultants and contractors, and members of any funding board or advisory committee or other RCO grant review individual or body, have no responsibility for reviewing, approving, overseeing or supervising design, construction, or safety of the project and leaves such review, approval, oversight and supervision exclusively to the Sponsor and others with expertise or authority. In this respect, the RCO, its employees, assigns, consultants and contractors, and any funding board or advisory committee or other RCO grant review individual or body will act only to confirm at a general, lay person, and nontechnical level, solely for the purpose of project eligibility and payment and not for safety or suitability, that the project apparently is proceeding or has been completed as per the Agreement. 5. INDEMNIFICATION. a. The Sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence in connection with this Agreement (including without limitation all work or activities thereunder), or the breach of any obligation under this Agreement by the Sponsor or the Sponsor’s agents, employees, 8.J.a Packet Pg. 170 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 15 of 50 2020 RCO GRANT AGREEMENT contractors, subcontractors, or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. b. Provided that nothing herein shall require a Sponsor to defend or indemnify the State against and hold harmless the State from claims, demands or suits based solely upon the negligence of the State, its employees and/or agents for whom the State is vicariously liable. c. Provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Sponsor or the Sponsor’s agents or employees, and (b) the State, or its employees or agents the indemnity obligation shall be valid and enforceable only to the extent of the Sponsor’s negligence or its agents, or employees. d. As part of its obligations provided above, the Sponsor specifically assumes potential liability for actions brought by the Sponsor’s own employees or its agents against the State and, solely for the purpose of this indemnification and defense, the Sponsor specifically waives any immunity under the state industrial insurance law, RCW Title 51. Sponsor’s waiver of immunity under this provision extends only to claims against Sponsor by Indemnitee RCO, and does not include, or extend to, any claims by Sponsor’s employees directly against Sponsor. e. Sponsor shall ensure that any agreement relating to this project involving any contractors, subcontractors and/or vendors of any tier shall require that the contracting entity indemnify, defend, waive RCW 51 immunity, and otherwise protect the State as provided herein as if it were the Sponsor. This shall not apply to a contractor or subcontractor is solely donating its services to the project without compensation or other substantial consideration. f. The Sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the Sponsor or the Sponsor’s agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable, in performance of the work under this Agreement or arising out of any use in connection with the Agreement of methods, processes, designs, information or other items furnished or communicated to the State, its agents, officers and employees pursuant to the Agreement. Provided, this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from the State’s, its agents’, officers’ and employees’ failure to comply with specific written instructions regarding use provided to the State, its agents, officers and employees by the Sponsor, its agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. 8.J.a Packet Pg. 171 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 16 of 50 2020 RCO GRANT AGREEMENT g. The funding board and RCO are included within the term State, as are all other agencies, departments, boards, councils, committees, divisions, bureaus, offices, societies, or other entities of state government. 6. INDEPENDENT CAPACITY OF THE SPONSOR. a. The Sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the RCO or Funding Entity. The Sponsor will not hold itself out as nor claim to be an officer, employee or agent of the RCO or the Funding Entity, or of the state of Washington, nor will the Sponsor make any claim of right, privilege or benefit which would accrue to an employee under RCW 41.06. b. The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by federal, state, and/or local laws. 7. CONFLICT OF INTEREST. a. Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written notice to the Sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in Public Service Act, RCW 42.52; or any similar statute involving the Sponsor in the procurement of, or performance under, this Agreement. b. In the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the same remedies against the Sponsor as it could pursue in the event of a breach of the Agreement by the Sponsor. The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement. 8. COMPLIANCE WITH APPLICABLE LAW. a. In implementing the Agreement, the Sponsor shall comply with all applicable federal, state, and local laws (including without limitation all applicable ordinances, codes, rules, and regulations). Such compliance includes, without any limitation as to other applicable laws, the following laws: i. Nondiscrimination Laws. The Sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Employment Act (if applicable). In the event of the Sponsor’s noncompliance or refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part, and the Sponsor may be declared ineligible for further grant awards from the RCO or Funding Entity. The Sponsor is responsible for any and all costs or liability arising from the Sponsor’s failure to so comply with applicable law. Except where a nondiscrimination clause required by a federal funding agency is used, the Sponsor shall insert the following nondiscrimination clause in each contract for 8.J.a Packet Pg. 172 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 17 of 50 2020 RCO GRANT AGREEMENT construction of this project: "During the performance of this contract, the contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies.” ii. Secular Use of Funds. No funds awarded under this grant may be used to pay for any religious activities, worship, or instruction, or for lands and facilities for religious activities, worship, or instruction. Religious activities, worship, or instruction may be a minor use of the grant supported recreation and conservation land or facility. iii. Wages and Job Safety. The Sponsor agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington or other jurisdiction which affect wages and job safety. The Sponsor agrees when state prevailing wage laws (RCW 39.12) are applicable, to comply with such laws, to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as required by RCW 39.12.40. The Sponsor also agrees to comply with the provisions of the rules and regulations of the Washington State Department of Labor and Industries. • Pursuant to RCW 39.12.040(1)(a), all contractors and subcontractors shall submit to Sponsor a statement of intent to pay prevailing wages if the need to pay prevailing wages is required by law. If a contractor or subcontractor intends to pay other than prevailing wages, it must provide the Sponsor with an affirmative statement of the contractor’s or subcontractor’s intent. Unless required by law, the Sponsor is not required to investigate a statement regarding prevailing wage provided by a contractor or subcontractor. iv. Exception, Service Organizations of Trail and Environmental Projects (RCW 79A.35.130). If allowed by state and federal law and rules, participants in conservation corps programs offered by a nonprofit organization affiliated with a national service organization established under the authority of the national and community service trust act of 1993, P.L. 103-82, are exempt from provisions related to rates of compensation while performing environmental and trail maintenance work provided: (1) The nonprofit organization must be registered as a nonprofit corporation pursuant to RCW 24.03; (2) The nonprofit organization's management and administrative headquarters must be located in Washington; (3) Participants in the program must spend at least fifteen percent of their time in the program on education and training activities; and (4) Participants in the program must receive a stipend or living allowance as authorized by federal or state law. Participants are exempt from provisions related to rates of compensation only for environmental and trail maintenance work conducted pursuant to the conservation corps program. b. Restrictions on Grant Use. No part of any funds provided under this grant shall be used, other than for normal and recognized executive-legislative relationships, for publicity or 8.J.a Packet Pg. 173 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 18 of 50 2020 RCO GRANT AGREEMENT propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any Sponsor, or agent acting for such Sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. c. No part of any funds provided under this grant shall be used to pay the salary or expenses of any Sponsor, or agent acting for such Sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. d. Debarment and Certification. By signing the Agreement with RCO, the Sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries. Further, the Sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on Washington State Department of Labor and Industries’ “Debarred Contractor List.” e. Requirements for RTP Subawards. i. The subrecipient (Sponsor) shall follow such policies and procedures prescribed by and allowed by the State, as well as federal law and federal rules issued by the Federal Highways Administration and 2 CFR 200. ii. Sponsor may be required to pay prevailing wage rates as required by the Davis Bacon Act as amended. 9. ARCHAEOLOGICAL AND CULTURAL RESOURCES RESPONSIBILITIES RCO shall administratively review, and Sponsor shall assist RCO in such review, For all funded projects, including land acquisitions for the purpose of capital construction or renovation, not undergoing Section 106 review under the National Historic Preservation Act of 1966, RCO shall review and, if it deems appropriate, confer with the Washington State Department of Archeology and Historic Preservation, tribes, and with any other party/parties that have an interest in, or responsibility for, Project review and protection of archeological, cultural, and historical resources, to determine potential impacts to archeological, cultural and historic resources and plans for protection of such resources. The Sponsor shall cooperate in all such reviews. 1. Plans. Sponsor shall comply with all plans RCO or another state or federal agency may develop for the protection of archeological, cultural, and historical resources in the project area, and adjacent areas that may be impacted by the project. This subsection also applies to those projects where a categorical exclusion (subsection 5) may apply. 8.J.a Packet Pg. 174 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 19 of 50 2020 RCO GRANT AGREEMENT 2. Authorities. At a minimum, review, management, and protection of archeological, cultural, and historic resources, and tribal consultation, shall be performed in the project area and adjacent areas impacted by the project for compliance with the following authorities (as may apply and as in effect at the time of the review): i. Washington State Department of Archeology and Historic Preservation policies and procedures and rule, ii. Sponsor, RCO, and landowners’ plans, policies and procedures, directives, laws and rules, iii. State Environmental Policy Act, iv. National Environmental Policy Act, v. National Historic Preservation Act of 1966, vi. Governor’s Executive Order 05-05, 3. Scope of Archeological, Cultural, and Historic Resources Review. RCO recognizes that the project area may include multiple parcels with multiple landowners, and additional parties with property rights in the project area. The Sponsor shall apply this section independently to each separately owned property, provided that reviews undertaken must include impacts to individual parcels and cumulative impacts. 4. Compliance. At all times, the Sponsor shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological, cultural, and historic resources in the project area, and adjacent areas that may be impacted by the project, and comply with any RCO direction for such avoidance, minimization, and mitigation, and reporting and notification thereof. 5. Categorical Exemption. If the Sponsor has reviewed the activities in this grant for impacts to archeological, cultural, and historical resources, and the same for any planned projects in any land acquired with this grant, and determined the project is categorically exempt from further archaeological, historical and cultural resources review, as well as tribal consultation, Sponsor shall notify the RCO in writing prior to beginning the project describing 1) the specific statutory or regulatory exemptions that apply, and 2) their applicability to the specific project. Alternatively, the RCO may determine the project is covered by a categorical exemption, in whole or in part, and notify the Sponsor of such determination. However, any categorical exemption must meet the standards of and be consistent and allowable by ALL of the following: 1. the project area landowner(s) legal documents and governing documents (if applicable, 2. Sponsor’s own policies and procedures and rules, 3. All applicable laws, 4. RCO applicable policies, manuals and/or other guidance, and 5. Washington Department of Archaeology and Historic Preservation’s rules and policies. Alternatively, the RCO may assign a categorical exemption to the project based on its own review. 8.J.a Packet Pg. 175 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 20 of 50 2020 RCO GRANT AGREEMENT Regardless of the applicability of any categorical exemption, the RCO reserves the right at any time to require Sponsor to comply with any and all of the provisions of this section. 6. Project Areas Reviewed by a Permitting Authority. For those project areas where a permitting authority for the project conducts an archeological, cultural, and historical resources review and tribal consultation under section 106 of the Historic Preservation Act, NEPA, SEPA, or Governor’s Executive Order 05-05, such review and consultation shall substitute for the land owner’s, provided that such substitution is allowed only if (a)the permitting authority and landowner are not the same, and (b)the RCO determines that the review and consultation performed by the permitting authority meets RCO standards. When a permitting authority conducts such reviews and tribal consultation, all other subsections herein shall still apply to the Sponsor(s). 7. Project Areas on Sponsor-Owned Property. Unless a categorical exemption applies as stated above, the Sponsor shall perform and be bound by the following: a. Project Review. For project areas not reviewed by a permitting authority (see above), prior to implementing in the project area any ground disturbance, altering or demolishing structures or other property appurtenances, removing or altering vegetation, geologic elements, or waterways, or impacting wildlife, in and adjacent to the project area, areas where project mitigation shall occur, or any other areas that may be affected by project implementation, the Sponsor shall review the project for its potential and actual impacts, including any planned projects on lands acquired as part of the project, to any and all archaeological, cultural and historical resources in and adjacent to the project area, in areas where project mitigation shall occur, or other areas that may be affected by project implementation. In this review, Sponsor shall follow its policies and procedures, plans, guidance, rules, and directives, as well as act in compliance with Governor’s Executive Order 05-05, the National Historic Preservation Act, the State Environmental Policy Act, the National Environmental Policy Act, and any local laws as may apply. If another governmental agency is responsible in whole or in part for this review the Sponsor shall assist with such review. b. Tribal Consultation. For project areas not reviewed by a permitting authority (see above), prior to implementing in the project area any ground disturbance, altering or demolishing structures or other property appurtenances, removing or altering vegetation, geologic elements, or waterways, or impacting wildlife, in and adjacent to the project area, areas where project mitigation shall occur, or any other areas that may be affected by project implementation, Sponsor shall conduct tribal consultation with any interested or affected tribes as defined above. . c. Reporting to RCO and Approval of Project Activities. Sponsor shall provide RCO evidence (which RCO shall prescribe) that it has conducted project review and tribal consultation as described and receive written approval of such review and consultation from RCO prior to Sponsor implementing in the project area any ground disturbance, altering or demolishing structures or other property appurtenances, removing or altering vegetation, geologic elements, or waterways, or impacting wildlife, in and adjacent to the project area, areas 8.J.a Packet Pg. 176 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 21 of 50 2020 RCO GRANT AGREEMENT where project mitigation shall occur, or any other areas that may be affected by project implementation. d. Changes to Project. RCO reserves the right to request Sponsor change its scope of work and project outcomes to avoid, mitigate, or minimize impacts to archeological, cultural, and historic resources. e. Termination. RCO retains the right at any time to terminate a project due to anticipated or actual impacts to archaeology and cultural resources. f. Monitoring. RCO may require on-site monitoring for impacts to archeology, cultural, and historic resources during any demolition, construction, land clearing, restoration, or repair work, and may direct that work stop to minimize, mitigate, or avoid impacts to archaeology, cultural, and historical resource impacts or concerns. g. Inadvertent Discovery Plan. The Sponsor shall request, review, and be bound by the RCO Inadvertent Discovery Plan (IDP), and keep the IDP at the project site, make the IDP readily available to anyone working at the project site, discuss the IDP with staff and contractors working at the project site, and Implement the IDP when cultural resources or human remains are found at the project site. h. Discovery. If any archeological or historic resources are found while conducting work under this Agreement, the Sponsor shall immediately stop work and notify the property owner, RCO, the Department of Archaeology and Historic Preservation at (360) 586-3064, and any affected Tribe, and stop any activity that may cause further disturbance to the archeological or historic resources until such time as the reviewing authority with jurisdiction over the found object(s) and areas notifies Sponsor and RCO that work can resume. i. Human Remains. If any human remains are found while conducting work under this Agreement, Sponsor shall immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner’s Office, and then RCO, all in the most expeditious manner, and stop any activity that may cause disturbance to the remains. Sponsor shall secure the area of the find will and protect the remains from further disturbance until the RCO provides a new notice to proceed on the project. Any human remains discovered shall not be touched, moved, or further disturbed unless directed by RCO or the Department of Archaeology and Historic Preservation (DAHP). The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non-forensic. If the county medical examiner/coroner determines the remains are non-forensic, then they will report that finding to the Department of Archaeology and Historic Preservation (DAHP) who will then take jurisdiction over the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find. The State Physical Anthropologist will make a determination of whether the remains are Indian or Non-Indian and report that finding to any appropriate cemeteries and the affected tribes. The DAHP will then handle all consultation with 8.J.a Packet Pg. 177 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 22 of 50 2020 RCO GRANT AGREEMENT the affected parties as to the future preservation, excavation, and disposition of the remains and the resumption of work. 8. Project Areas on State or Federal Property Not Owned By Sponsor. Categorical Exemption. For project area(s) owned by a state or federal agency, and not under review via a permitting nexus (see above), the state or federal agency landowner performing archeological, cultural, and historic resources review and tribal consultation shall make the determination that the project, in whole or in part, is covered by a categorical exemption, and may notify and report such to the Sponsor, or to RCO on behalf of Sponsor. Project Review and Tribal Consolation. If the project is not categorical exception to archeological, cultural, and historical resources review and tribal consultation, and the project area is located on property owned by the State of Washington or a federal agency, Sponsor shall: a. Follow its own policies and procedures, rules, and any applicable laws, for the review, protection, and management of archaeological, cultural, and historic resources, and tribal consultation and other consultations as may apply. b. Assist the land owner and other applicable agencies, and the RCO, with its/their review of archaeological, cultural and historic resources, and tribal consultation for the project area. i. RCO may consult directly with the landowner to complete land owner project review and tribal consultation. c. Provide RCO evidence that the landowner has 1) conducted archeological, cultural and historic resources review and tribal consultation according to its policies and procedures and applicable laws, and 2) provided Sponsor with permission to begin project implementation in the project area owned by the state or federal agency. d. Changes to Project. RCO reserves the right to request Sponsor change its scope of work and project outcomes to avoid, mitigate, or minimize impacts to archeological, cultural, and historic resources. e. Termination. RCO retains the right at any time to terminate a project due to anticipated or actual impacts to archaeology and cultural resources. f. Monitoring. RCO or the federal or state landowner may require on-site monitoring for impacts to archeology and cultural resources during any demolition, construction, land clearing, restoration, or repair work, and may direct that work stop to minimize, mitigate, or avoid impacts to archaeology and cultural resource impacts or concerns. g. Inadvertent Discovery Plan. The Sponsor shall request, review, and be bound by the RCO Inadvertent Discovery Plan (IDP), and keep the IDP at the project site, make the IDP readily available to anyone working at the project site, discuss the IDP with staff and contractors 8.J.a Packet Pg. 178 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 23 of 50 2020 RCO GRANT AGREEMENT working at the project site, and Implement the IDP when cultural resources or human remains are found at the project site. h. Discovery. If any archeological or historic resources are found while conducting work under this Agreement, the Sponsor shall immediately stop work and notify the property owner, RCO, the Department of Archaeology and Historic Preservation at (360) 586-3064, and any affected Tribe, and stop any activity that may cause further disturbance to the archeological or historic resources. i. Human Remains. If any human remains are found while conducting work under this Agreement, Sponsor shall immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner’s Office, and then RCO, all in the most expeditious manner, and stop any activity that may cause disturbance to the remains. Sponsor shall secure the area of the find will and protect the remains from further disturbance until the RCO provides a new notice to proceed on the project. Any human remains discovered shall not be touched, moved, or further disturbed unless directed by RCO or the Department of Archaeology and Historic Preservation (DAHP). The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non-forensic. If the county medical examiner/coroner determines the remains are non-forensic, then they will report that finding to the Department of Archaeology and Historic Preservation (DAHP) who will then take jurisdiction over the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find. The State Physical Anthropologist will make a determination of whether the remains are Indian or Non-Indian and report that finding to any appropriate cemeteries and the affected tribes. The DAHP will then handle all consultation with the affected parties as to the future preservation, excavation, and disposition of the remains. 9. Costs. Costs associated with Sponsor’s responsibilities under this section of the Agreement are eligible for reimbursement under this Agreement. Costs that exceed the budget grant amount shall be the responsibility of the Sponsor. 10. RECORDS. a. Digital Records. If requested by RCO, the Sponsor must provide a digital file(s) of the project property and funded project site in a format specified by the RCO. b. Maintenance and Retention. The Sponsor shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. Sponsor shall retain such records for a period of nine years from the date RCO deems the project complete, as defined in the PROJECT REIMBURSEMENTS Section. If any litigation, claim or audit is started before the expiration of the nine (9) year period, the records 8.J.a Packet Pg. 179 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 24 of 50 2020 RCO GRANT AGREEMENT shall be retained until all litigation, claims, or audit findings involving the records have been resolved. c. In order to satisfy 15 CFR 24.42(b) & (c) and 2 CFR 200.333, for projects that contain Pacific Coast Salmon Recovery Funds or are used as match to Pacific Coast Salmon Recovery Funds the sponsor shall retain records for a period of nine years from the date RCO deems the project complete as defined in the PROJECT REIMBURSEMENTS Section. d. Access to Records and Data. At no additional cost, the records relating to the Agreement, including materials generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duly authorized by RCO, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. This includes access to all information that supports the costs submitted for payment under the grant and all findings, conclusions, and recommendations of the Sponsor’s reports, including computer models and methodology for those models. e. Public Records. Sponsor acknowledges that the RCO is subject to RCW 42.56 and that this Agreement and any records Sponsor submits or has submitted to the State shall be a public record as defined in RCW 42.56. RCO administers public records requests per WAC 286-06 and 420-04 (which ever applies). Additionally, the Sponsor agrees to disclose any information in regards to the expenditure of that funding as if the project sponsor were subject to the requirements of chapter 42.56 RCW. By submitting any record to the State, Sponsor understands that the State may be requested to disclose or copy that record under the state public records law, currently codified at RCW 42.56. The Sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy such document to respond to a request under state public records laws. The Sponsor hereby agrees to release the State from any claims arising out of allowing such review or copying pursuant to a public records act request, and to indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state’s defense of such claims. 11. PROJECT FUNDING. a. Authority. This Agreement and funding is made available to Sponsor through the RCO. b. Additional Amounts. The RCO or Funding Entity shall not be obligated to pay any amount beyond the dollar amount as identified in this Agreement, unless an additional amount has been approved in advance by the RCO director and incorporated by written amendment into this Agreement . c. Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the project start date shall be eligible for grant funds, in whole or in part, unless specifically provided for by the RCO director, such as a waiver of retroactivity or program specific eligible pre-Agreement costs. For reimbursements of such costs, this Agreement must be fully executed and an original received by RCO. The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement. 8.J.a Packet Pg. 180 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 25 of 50 2020 RCO GRANT AGREEMENT d. Requirements for Federal Subawards. Pre-Agreement costs before the federal award date in the FEDERAL FUND INFORMATION Section are ineligible unless approved by the federal award agency (2 C.F.R § 200.458 (2013)). e. After the Period of Performance. No expenditure made, or obligation incurred, following the period of performance shall be eligible, in whole or in part, for grant funds hereunder. In addition to any remedy the RCO or Funding Entity may have under this Agreement, the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. 12. PROJECT REIMBURSEMENTS. a. Reimbursement Basis. This Agreement is administered on a reimbursement basis per WAC 286- 13 and/or 420-12, whichever has been designated to apply. Only the primary Sponsor may request reimbursement for eligible and allowable costs incurred during the period of performance. The primary Sponsor may only request reimbursement after (1) this Agreement has been fully executed and (2) the Sponsor has remitted payment to its vendors. RCO will authorize disbursement of project funds only on a reimbursable basis at the percentage as defined in the PROJECT FUNDING Section. Reimbursement shall not be approved for any expenditure not incurred by the Sponsor or for a donation used as part of its matching share. RCO does not reimburse for donations. All reimbursement requests must include proper documentation of expenditures as required by RCO. b. Reimbursement Request Frequency. The primary Sponsor is required to submit a reimbursement request to RCO, at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30 or as identified in the milestones. Sponsors must refer to the most recent applicable RCO manuals and this Agreement regarding reimbursement requirements. c. Compliance and Payment. The obligation of RCO to pay any amount(s) under this Agreement is expressly conditioned on strict compliance with the terms of this Agreement and other agreements between RCO and the Sponsor. d. Conditions for Payment of Retainage. RCO reserves the right to withhold disbursement of the total amount of the grant to the Sponsor until the following has occurred: i. RCO has accepted the project as a completed project, which acceptance shall not be unreasonably withheld. ii. On-site signs are in place (if applicable); Any other required documents and media are complete and submitted to RCO;Grant related fiscal transactions are complete, and iii. RCO has accepted a final boundary map of the project area for which the Agreement terms will apply in the future. 8.J.a Packet Pg. 181 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 26 of 50 2020 RCO GRANT AGREEMENT iv. A Notice of Grant for any property rights acquired or donated (if applicable) have been filed with the county lands records office (or United State Government) and a stamped copy received by RCO, and any property rights owned to RCO have been likewise recorded. e. Requirements for Federal Subawards: Match. The Sponsor’s matching share must comply with 2 C.F.R. § 200.306 (2013). Any shared costs or matching funds and all contributions, including cash and third-party in-kind contributions, can be accepted as part of the Sponsor’s matching share when such contributions meet all of the following criteria: i. Are verifiable from the non-Federal entity's (Sponsor’s) records; ii. Are not included as contributions for any other Federal award; iii. Are necessary and reasonable for accomplishment of project or program objectives; iv. Are allowable under 2 C.F.R. Part 200, Subpart E—Cost Principles (2013); v. Are not paid by the Federal Government under another Federal award, except where the Federal statute authorizing a program specifically provides that Federal funds made available for such program can be applied to matching or cost sharing requirements of other Federal programs; vi. Are provided for in the approved budget when required by the Federal awarding agency identified in the FEDERAL FUND INFORMATION Section of this Agreement; and vii. Conform to other provisions of 2 C.F.R. Part 200, Subpart D—Post Federal Award Requirements (2013), as applicable. f. Requirements for Federal Subawards: Close out. Per 2 C.F.R § 200.343 (2013), the non-Federal entity (Sponsor) must: i. Submit, no later than 90 calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award. The Federal awarding agency or pass-through entity (RCO) may approve extensions when requested by the Sponsor. ii. Liquidate all obligations incurred under the Federal award not later than 90 calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award. iii. Refund any balances of unobligated cash that the Federal awarding agency or pass- through entity (RCO) paid in advance or paid and that are not authorized to be retained by the non-Federal entity (Sponsor) for use in other projects. See OMB Circular A-129 and see 2 C.F.R § 200.345 Collection of amounts due (2013), for requirements regarding unreturned amounts that become delinquent debts. iv. Account for any real and personal property acquired with Federal funds or received from the Federal Government in accordance with 2 C.F.R §§ 200.310 Insurance coverage through 200.316 Property rust relationship and 200.329 Reporting on real property (2013). 8.J.a Packet Pg. 182 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 27 of 50 2020 RCO GRANT AGREEMENT 13. ADVANCE PAYMENTS. Advance payments of or in anticipation of goods or services are not allowed unless approved by the RCO director and are consistent with legal requirements and Manual 8: Reimbursements. 14. RECOVERY OF PAYMENTS. a. Recovery for Noncompliance. In the event that the Sponsor fails to expend funds under this Agreement in accordance with state and federal laws, and/or the provisions of the Agreement, or meet its percentage of the project total, RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. b. Return of Overpayments. The Sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement. Repayment by the Sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of twelve percent (12%) per annum from the time the Sponsor received such overpayment. Unless the overpayment is due to an error of RCO, the payment shall be due and owing on the date that the Sponsor receives the overpayment from the RCO. If the payment is due to an error of RCO, it shall be due and owing 30 days after demand by RCO for refund. c. Requirements for Federal Subawards. RCO, acting as a pass-through entity, may impose any of the remedies as authorized in 2 C.F.R §§ 200.207 Specific conditions and/or 200.338 Remedies for noncompliance (2013). 15. COVENANT AGAINST CONTINGENT FEES. The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the Sponsor for the purpose of securing business. RCO shall have the right, in the event of breach of this clause by the Sponsor, to terminate this Agreement without liability or, in its discretion, to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. 16. INCOME (AND FEES) AND USE OF INCOME. See WAC 286-13-110 for additional requirements for projects funded from the RCFB. Income. a. Farm and Forest Account (Farmland and Forestland Preservation Grants). Excepted from this section is income generated and fees paid on/for properties which received funds from the Farm and Forest Account (RCW 79A.15.130). b. Firearms and Archery Range Recreation Projects. Excepted from this section are safety classes (firearm and/or hunter) for which a facility/range fee must not be charged (RCW 79A.25.210). 8.J.a Packet Pg. 183 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 28 of 50 2020 RCO GRANT AGREEMENT c. Compatible source. The source of any income generated in a funded project or project area must be compatible with the funding source and the Agreement and any applicable manuals, RCWs, and WACs. d. Use of Income. Subject to any limitations contained in applicable state or federal law and applicable rules and policies, income or fees generated at a project work site (including entrance, utility corridor permit, cattle grazing, timber harvesting, farming, rent, franchise fees, ecosystem services, etc.) during or after the reimbursement period cited in the Agreement, must be used to offset: i. The Sponsor’s matching resources; ii. The project’s total cost; iii. The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the grant funding; iv. The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the Sponsor’s system; v. Capital expenses for similar acquisition and/or development and renovation; and/or vi. Other purposes explicitly approved by RCO. e. Fees. User and/or other fees may be charged in connection with land acquired or facilities developed, maintained, renovated, or restored and shall be consistent with the: i. Grant program laws, rules, and applicable manuals; ii. Value of any service(s) furnished; iii. Value of any opportunities furnished; and iv. Prevailing range of public fees in the state for the activity involved. f. Requirements for Federal Subawards. Sponsors must also comply with 2 C.F.R. § 200.307 Program income (2013). 17. PROCUREMENT REQUIREMENTS. a. Procurement Requirements. If the Sponsor has, or is required to have, a procurement process that follows applicable state and/or federal law or procurement rules and principles, it must be followed, documented, and retained. If no such process exists the Sponsor must follow these minimum procedures: i. Publish a notice to the public requesting bids/proposals for the project; ii. Specify in the notice the date for submittal of bids/proposals; iii. Specify in the notice the general procedure and criteria for selection; and iv. Sponsor must contract or hire from within its bid pool. If bids are unacceptable the process needs to be repeated until a suitable bid is selected. v. Comply with the same legal standards regarding unlawful discrimination based upon race, gender, ethnicity, sex, or sex-orientation that are applicable to state agencies in selecting a bidder or proposer. Alternatively, Sponsor may choose a bid from a bidding 8.J.a Packet Pg. 184 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 29 of 50 2020 RCO GRANT AGREEMENT cooperative if authorized to do so. This procedure creates no rights for the benefit of third parties, including any proposers, and may not be enforced or subject to review of any kind or manner by any entity other than the RCO. Sponsors may be required to certify to the RCO that they have followed any applicable state and/or federal procedures or the above minimum procedure where state or federal procedures do not apply. b. Requirements for Federal Subawards. i. For all Federal subawards, non-Federal entities (Sponsors) must follow 2 C.F.R §§ 200.318 General procurement standards through 200.326 Contract Provisions (2013). ii. For RTP subawards, Sponsors shall follow such policies and procedures allowed by the State when procuring property and services under a Federal award (2 C.F.R § 1201.317 (2013)). 18. TREATMENT OF EQUIPMENT AND ASSETS. a. Equipment shall be used and managed only for the purpose of this Agreement , unless otherwise provided herein or in the applicable manuals, or approved by RCO in writing. b. Discontinued Use. Equipment obtained under this Agreement shall remain in the possession of the Sponsor for the duration of the project, or RULES of applicable grant assisted program. When the Sponsor discontinues use of the equipment for the purpose for which it was funded, RCO may require the Sponsor to deliver the equipment to RCO, or to dispose of the equipment according to RCO published policies. c. Loss or Damage. The Sponsor shall be responsible for any loss or damage to equipment. d. Requirements for Federal Subawards. Procedures for managing equipment (including replacement equipment), whether acquired in whole or in part under a Federal award or match for the award, until disposition takes place will, at a minimum, meet the following requirements (2 C.F.R § 200.313 (2013)): i. Property records must be maintained that include a description of the property, a serial number or other identification number, the source of funding for the property (including the Federal Award Identification Number), who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the project costs for the Federal award under which the property was acquired, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. ii. A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years. iii. A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft must be investigated. iv. Adequate maintenance procedures must be developed to keep the property in good condition. 8.J.a Packet Pg. 185 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 30 of 50 2020 RCO GRANT AGREEMENT v. If the non-Federal entity is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. e. Requirements for RTP Subawards. i. The subrecipient (Sponsor) shall follow such policies and procedures prescribed by and allowed by the State, as well as federal law and federal rules issued by the Federal Highways Administration and 2 CFR 200. 19. RIGHT OF INSPECTION. The Sponsor shall provide right of access to the project to RCO, 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, long-term obligations, compliance, and/or quality assurance under this Agreement. If a landowner agreement or other form of control and tenure limits access to the project area, it must include (or be amended to include) the RCO’s right to inspect and access lands acquired or developed with this funding assistance. 20. STEWARDSHIP AND MONITORING. Sponsor agrees to perform monitoring and stewardship functions as stated in the applicable WACs and manuals, this Agreement, or as otherwise directed by RCO consistent with the existing laws and applicable manuals. Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the RCO; provided that RCO does not represent that any monitoring it may recommend will be adequate to reasonably assure project performance or safety. It is the sole responsibility of the Sponsor to perform such additional monitoring as may be adequate for such purposes. 21. PREFERENCES FOR RESIDENTS. Sponsors shall not express a preference for users of grant assisted projects on the basis of residence (including preferential reservation, membership, and/or permit systems) except that reasonable differences in admission and other fees may be maintained on the basis of residence. Fees for nonresidents must not exceed twice the fee imposed on residents. Where there is no fee for residents, but a fee is charged to nonresidents, the nonresident fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities. 22. ACKNOWLEDGMENT AND SIGNS. a. Publications. The Sponsor shall include language which acknowledges the funding contribution of the applicable grant program to this project in any release or other publication developed or modified for, or referring to, the project during the project period and in the future. b. Signs. i. During the period of performance through the period of long-term obligation, the Sponsor shall post openly visible signs or other appropriate media at entrances and other locations on the project area that acknowledge the applicable grant program's funding contribution, unless waived by the director; and 8.J.a Packet Pg. 186 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 31 of 50 2020 RCO GRANT AGREEMENT ii. During the period of long-term obligations, the Sponsor shall post openly visible signs or other appropriate media at entrances and other locations to notify the public of the availability of the site for reasonable public access. c. Ceremonies. The Sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project. The Sponsor shall verbally acknowledge the applicable grant program’s funding contribution at all dedication ceremonies and in all advertisements and mailings thereof, and any and all of its related digital media publications. d. Federally Funded Projects. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing a project funded in whole or in part with federal money provided for in this grant, Sponsors shall clearly state: i. The fund source; ii. The percentage of the total costs of the project that is financed with federal money; iii. The dollar amount of federal funds for the project; and iv. The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources. 23. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND RESTORATION PROJECTS. a. The following provisions shall be in force: i. Operations and Maintenance. Properties, structures, and facilities developed, maintained, or operated with the assistance of money granted per this Agreement and within the project area shall be built, operated, and maintained according to applicable regulations, laws, building codes, and health and public safety standards to assure a reasonably safe condition and to prevent premature deterioration. It is the Sponsor’s sole responsibility to ensure the same are operated and maintained in a safe and operable condition. The RCO does not conduct safety inspections or employ or train staff for that purpose. ii. Document Review and Approval. Prior to commencing construction or finalizing the design, the Sponsor agrees to submit one copy of all construction and restoration plans and specifications to RCO for review solely for compliance with the scope of work to be identified in the Agreement. RCO does not review for, and disclaims any responsibility to review for safety, suitability, engineering, compliance with code, or any matters other than the scope so identified. Although RCO staff may provide tentative guidance to a Sponsor on matters related to site accessibility by persons with a disability, it is the Sponsor’s responsibility to confirm that all legal requirements for accessibility are met even if the RCO guidance would not meet such requirements. b. Change orders that impact the amount of funding or changes to the scope of the project as described to and approved by the RCO must receive prior written approval of the RCO. 8.J.a Packet Pg. 187 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 32 of 50 2020 RCO GRANT AGREEMENT c. Control and Tenure. The Sponsor must provide documentation that shows appropriate tenure and term (such as long-term lease, perpetual or long-term easement, or perpetual or long-term fee simple ownership, or landowner agreement or interagency agreement for the land proposed for construction, renovation, or restoration. The documentation must meet current RCO requirements identified in this Agreement as of the effective date of this Agreement unless otherwise provided in any applicable manual, RCW, WAC, or as approved by the RCO. d. Use of Best Management Practices. Sponsors are encouraged to use best management practices including those developed as part of the Washington State Aquatic Habitat Guidelines (AHG) Program. AHG documents include “Integrated Streambank Protection Guidelines”, 2002; “Land Use Planning for Salmon, Steelhead and Trout: A land use planner’s guide to salmonid habitat protection and recovery”, 2009”, “Protecting Nearshore Habitat and Functions in Puget Sound”, 2010; “Stream Habitat Restoration Guidelines”, 2012; “Water Crossing Design Guidelines”, 2013; and “Marine Shoreline Design Guidelines”, 2014. These documents, along with new and updated guidance documents, and other information are available on the AHG Web site. Sponsors are also encouraged to use best management practices developed by the Washington Invasive Species Council (WISC) described in “Reducing Accidental Introductions of Invasive Species” which is available on the WISC Web site. e. At no time shall the Sponsor design, construct, or operate this grant funded project in a way that unreasonably puts the public, itself, or others at risk of injury or property damage. The Sponsor agrees and acknowledges that the Sponsor is solely responsible for safety and risk associated with the project, that RCO does not have expertise, capacity, or a mission to review, monitor, or inspect for safety and risk, that no expectation exists that RCO will do so, and that RCO is in no way responsible for any risks associated with the project. 24. PROVISIONS APPLYING TO ACQUISITION PROJECTS. a. The following provisions shall be in force: i. Evidence of Land Value. Before disbursement of funds by RCO as provided under this Agreement, the Sponsor agrees to supply documentation acceptable to RCO that the cost of the property rights acquired has been established according to all applicable manuals and RCWs or WACs. ii. Evidence of Title. The Sponsor agrees to provide documentation that shows the type of ownership interest for the property that has been acquired. This shall be done before any payment of financial assistance. iii. Legal Description of Real Property Rights Acquired. The legal description of any real property rights purchased with funding assistance provided through this Agreement (and protected by a recorded conveyance of rights to the State of Washington) shall be delivered to RCO before final payment. iv. Conveyance of Rights to the State of Washington. When real property rights (both fee simple and lesser interests) are acquired, the Sponsor agrees to execute an appropriate document (provided or approved by RCO) conveying certain rights and responsibilities to RCO or the Funding Entity on behalf of the State of Washington or another agency of the 8.J.a Packet Pg. 188 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 33 of 50 2020 RCO GRANT AGREEMENT state, or federal agency, or other organization. These documents include a Deed of Right, Assignment of Rights, Easements and/or Leases as described below. The Sponsor agrees to use document language provided by RCO, to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to RCO. The document required will vary depending on the project type, the real property rights being acquired and whether or not those rights are being acquired in perpetuity. v. Deed of Right. The Deed of Right as described in RCO Manual #3 conveys to the people of the state of Washington the right to preserve, protect, access, and/or use the property for public purposes consistent with the funding source and project agreement. Sponsors shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the Sponsor has acquired a perpetual easement for public purposes. vi. Assignment of Rights. The Assignment of Rights as described in RCO Manual #3 document transfers certain rights to RCO and the state such as public access, access for compliance, and enforcement. Sponsors shall use this document when an easement or lease is being acquired under this Agreement. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. vii. Easements and Leases. The Sponsor may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will depend on the situation; Sponsor must obtain RCO approval on the draft language prior to executing the easement or lease. viii. Real Property Acquisition and Relocation Assistance. In the event that housing and relocation costs and procedures are required by local, state, tribal, or federal law, or rule; the Sponsor agrees to provide such housing and relocation assistance as a condition of the Agreement and receiving grant funds. b. Buildings and Structures. In general, grant funds are to be used for outdoor recreation, conservation, or salmon recovery. Sponsors agree to remove or demolish ineligible structures. Sponsor must consult with RCO regarding treatment of such structures and compliance with COMPLIANCE WITH APPLICABLE LAW SECTION, Archeological and Cultural Resources paragraph. c. Hazardous Substances. i. Certification. The Sponsor shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances, as defined in RCW 70.105D.020(13), and certify: ii. No hazardous substances were found on the site, or iii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site deemed “clean.” iv. Responsibility. Nothing in this provision alters the Sponsor's duties and liabilities regarding hazardous substances as set forth in RCW 70.105D. v. Hold Harmless. The Sponsor will defend, protect and hold harmless the State and any and all of its employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss 8.J.a Packet Pg. 189 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 34 of 50 2020 RCO GRANT AGREEMENT of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property the Sponsor is acquiring, except to the extent, if any, that the State, its officers and agents caused or contributed to the release . The Funding Entity and RCO are included within the term State, as are all other agencies, departments, boards, councils, committees, divisions, bureaus, offices, societies, or other entities of state government. d. Requirements for Federal Subawards. The non-federal entity (Sponsor) must submit reports the federal funding agency, through RCO, at least annually on the status of real property in which the federal government retains an interest, unless the federal interest in the real property extends 15 years or longer. In those instances where the federal interest attached is for a period of 15 years or more, the federal awarding agency or the pass-through entity (RCO), at its option, may require the Sponsor to report at various multi-year frequencies (e.g., every two years or every three years, not to exceed a five-year reporting period; or a federal awarding agency or RCO may require annual reporting for the first three years of a federal award and thereafter require reporting every five years) (2 C.F.R § 200.329 (2013)). e. Developing and Restoring Purchased Property. If the Sponsor intends to develop or restore the property acquired it shall do so within the timeline and deadline provided by the funding program or board policies that apply to the grant funded project, or as provided for in this Agreement. 25. LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS. a. Long-Term Obligations. This section applies to completed projects only. b. Perpetuity. For acquisition, development, and restoration projects, or a combination thereof, unless otherwise allowed by applicable manual, policy, program rules, or this Agreement, or approved in writing by RCO. The RCO requires that the project area continue to function for the purposes for which these grant funds were approved, in perpetuity. c. Conversion. The Sponsor shall not at any time convert any real property (including any interest therein) or facility acquired, developed, renovated, and/ or restored pursuant to this Agreement, unless provided for in applicable statutes, rules, and policies. Conversion includes, but is not limited to, putting such property (or a portion of it) to uses other than those purposes for which funds were approved or transferring such property to another entity without prior approval via a written amendment to the Agreement. All real property or facilities acquired, developed, renovated, and/or restored with funding assistance shall remain in the same ownership and in public use/access status in perpetuity unless otherwise expressly provided in the Agreement or applicable policies or unless a transfer or change in use is approved by the RCO through an amendment. Failure to comply with these obligations is a conversion. Further, if the project is subject to operation and or maintenance obligations, the failure to comply with such obligations, without cure after a reasonable period as determined by the RCO, is a conversion. Determination of whether a conversion has occurred shall be based upon all terms of the Agreement, and all applicable state of federal laws or regulation. 8.J.a Packet Pg. 190 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 35 of 50 2020 RCO GRANT AGREEMENT i. For acquisition projects that are expressly term-limited in the Agreement, the restriction on conversion shall apply only for the length of the term, unless otherwise provided by this Agreement and incorporated documents, WACs, or any applicable state or federal law or regulation. ii. When a conversion has been determined to have occurred, the Sponsor shall remedy the conversion as set forth in this Agreement (with incorporated documents) and as required by all applicable policies, manuals, WACs and laws that exist at the time the remedy is implemented or the right to the remedy is established by a court or other decision-making body, and the RCO may pursue all remedies as allowed by the Agreement or law. 26. CONSTRUCTION, OPERATION, USE, AND MAINTENANCE OF ASSISTED PROJECTS. a. The following provisions shall be in force for this agreement: i. Property and facility operation and maintenance. Sponsor must ensure that properties or facilities assisted with the grant funds, including undeveloped sites, are built, operated, used, and maintained: a. According to applicable federal, state, and local laws and regulations, including public health standards and building codes; b. In a reasonably safe condition for the project’s intended use; c. Throughout its estimated useful service life so as to prevent undue deterioration; d. In compliance with all federal and state nondiscrimination laws, regulations and policies. ii. Open to the public. Unless otherwise specifically provided for in the Agreement, and in compliance with applicable statutes, rules, and applicable WACs and manuals, facilities must be open and accessible to the general public, and must: a. Be constructed, maintained, and operated to meet or exceed the minimum requirements of the most current guidelines or rules, local or state codes, Uniform Federal Accessibility Standards, guidelines, or rules, including but not limited to: the International Building Code, the Americans with Disabilities Act, and the Architectural Barriers Act, as amended and updated. b. Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods. c. Be available for appropriate use by the general public at reasonable hours and times of the year, according to the type of area or facility, unless otherwise stated in RCO manuals or, by a decision of the RCO director in writing. Sponsor shall notify the public of the availability for use by posting and updating that information on its website and by maintaining at entrances and/or other locations openly visible signs with such information. 8.J.a Packet Pg. 191 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 36 of 50 2020 RCO GRANT AGREEMENT 27. RECORDED NOTICE OF GRANT. At the request of RCO, another state agency, or a federal agency, Sponsor shall record a notice of grant on property subject to this Agreement and shall submit to the RCO a recorded and registry stamped copy of such notice. The purpose of the notice of grant is to provide constructive notice of the grant and project and to ensure that the present and future use of the project area is and shall remain subject to the terms and conditions described in this Agreement. The notice of grant shall be in a format specified by RCO. 28. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS. a. A corporate Sponsor, including any nonprofit Sponsor, shall: i. Maintain corporate status with the state, including registering with the Washington Secretary of State’s office, throughout the Sponsor’s obligation to the project as identified in the Agreement. ii. Notify RCO before corporate dissolution at any time during the period of performance or long-term obligations. Within 30 days of dissolution the Sponsor shall name a qualified successor that will agree in writing to assume any on-going project responsibilities, and transfer all property and assets to the successor. A qualified successor is any party eligible to apply for funds in the subject grant program and capable of complying with the terms and conditions of this Agreement. RCO will process an amendment transferring the Sponsor’s obligation to the qualified successor if requirements are met. iii. Maintain sites or facilities open to the public and may not limit access to members. 29. PROVISIONS FOR FEDERAL SUBAWARDS. The following provisions shall be in force for this agreement: a. Sub-Recipient (Sponsor) must comply with the cost principles of 2 C.F.R. Part 200 Subpart E (2013). Unless otherwise indicated, the cost principles apply to the use of funds provided under this Agreement to include match and any in-kind matching donations. The applicability of the cost principles depends on the type of organization incurring the costs. b. Binding Official. Per 2 CFR 200.415, Sponsor certifies through its actions or those of authorized staff, at the time of a request for reimbursement, the following: “To the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812).” c. Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12319, 8.J.a Packet Pg. 192 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 37 of 50 2020 RCO GRANT AGREEMENT 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, paragraph C. d. Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-1.3 defines a “federally assisted construction contract” as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work. e. Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines “construction work” as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction. f. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities (Sponsors) must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity (Sponsor) must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity (Sponsor) must report all suspected or reported violations to the federal awarding agency identified in the Federal Fund Information Section. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U. S. C. 3145), as supplemented by Department of Labor regulations (29 C.F.R Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient (Sponsor) must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity (Sponsor) must report all suspected or reported violations to the Federal awarding agency identified in Section H: FEDERAL FUND INFORMATION. 8.J.a Packet Pg. 193 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 38 of 50 2020 RCO GRANT AGREEMENT g. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-federal entity (Sponsor) in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. h. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 C.F.R § 401.2(a) and the recipient or subrecipient (Sponsor) wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient (Sponsor) must comply with the requirements of 37 C.F.R Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. i. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as Amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency identified in Section H: FEDERAL FUND INFORMATION and the Regional Office of the Environmental Protection Agency (EPA). j. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). By signing this Agreement, the Sponsor certifies (per the certification requirements of 31 U.S.C.) that none of the funds that the Sponsor has (directly or indirectly) received or will receive for this project from the United States or any agency thereof, have been used or shall be used to engage in the lobbying of the Federal Government or in litigation against the United States. Such lobbying includes any influence or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this project. Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying 8.J.a Packet Pg. 194 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 39 of 50 2020 RCO GRANT AGREEMENT with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier-to-tier up to the non-federal award. k. Procurement of Recovered Materials. A non-federal entity (Sponsor) that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. l. Required Insurance. The non-federal entity (Sponsor) must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with federal funds as provided to property owned by the non-federal entity. Federally-owned property need not be insured unless required by the terms and conditions of the Federal award (2 C.F.R § 200.310 (2013)). m. Debarment and Suspension (Executive Orders 12549 and 12689). The Sponsor must not award a contract to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the Office of Management and Budget (OMB) guidelines at 2 C.F.R § 180 that implement Executive Orders 12549 (3 C.F.R part 1986 Comp., p. 189) and 12689 (3 C.F.R part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. n. Conflict of Interest. Sponsor agrees to abide by the conflict of interest policy and requirements of the federal funding agency established pursuant to 2 C.F.R 200. 30. PROVISIONS FOR BOATING INFRASTRUCTURE GRANTS. Use of Sport Fish Restoration Logo. Per 50 CFR 86 Sec 75 and 76, the user of the logo must indemnify and defend the United States and hold it harmless from any claims, suits, losses, and damages from; any allegedly unauthorized use of any patent, process, idea, method, or device by the user in connection with its use of the logo, or any other alleged action of the user; and any claims, suits, losses, and damages arising from alleged defects in the articles or services associated with the logo. No one may use any part of the logo in any other manner unless the United States Fish and Wildlife Service’s Assistant Director for Wildlife and Sport Fish Restoration or Regional Director approves in writing. 31. PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION PROJECTS. The following provisions shall be in force for this agreement: 8.J.a Packet Pg. 195 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 40 of 50 2020 RCO GRANT AGREEMENT a. Liability Insurance. The Sponsor of a firearms or archery range recreation project shall procure an endorsement, or other addition, to liability insurance it carries, or shall procure a new policy of liability insurance, in a total coverage amount the Sponsor deems adequate to ensure it will have resources to pay successful claims of people who may be killed or injured, or suffer damage to property, while present at the range facility to which this grant is related, or by reason of being in the vicinity of that facility; provided that the coverage shall be at least one million dollars ($1,000,000) for the death of, or injury to, each person. b. Insurance Endorsement. The liability insurance policy, including any endorsement or addition, shall name Washington State, the funding board, and RCO as additional insured and shall be in a form approved by the funding board or director. c. Length of Insurance. The policy, endorsement or other addition, or a similar liability insurance policy meeting the requirements of this section, shall be kept in force throughout the Sponsor's obligation to the project as identified in this Agreement. d. Notice of Cancellation. The policy, as modified by any endorsement or other addition, shall provide that the issuing company shall give written notice to RCO not less than thirty (30) calendar days in advance of any cancellation of the policy by the insurer, and within ten (10) calendar days following any termination of the policy by the Sponsor. e. Government Agencies. The requirement of Subsection a through d above shall not apply if the Sponsor is a federal, state, or municipal government which has established an adequate program of self-insurance or a policy of self-insurance with respect to claims arising from its facilities or activities generally, including such facilities as firearms or archery ranges, when the applicant declares and describes that program or policy to the RCO. f. Sole Duty of the Sponsor. By this requirement, the funding board and RCO does undertake to review, approve, or monitor the safety of the design, construction, or operation of the project and does not assume any duty to any individual person with respect to death, injury, or damage to property which that person may suffer as a result of the project which this grant relates. Any such person, or any other person making claims based on such death, injury, or damage, must look to the Sponsor, or others, for any and all remedies that may be available by law. 32. PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS. This project has been approved by the National Park Service, US Department of the Interior, for funding assistance from the federal Land and Water Conservation Fund (LWCF), therefore the “Land and Water Conservation Fund General Provisions” are made part of this Agreement and incorporated herein. The Sponsor shall abide by these LWCF General Provisions, in addition to this Agreement, as they now exist or are hereafter amended. Further, the Sponsor agrees to provide RCO with reports or documents needed to meet the requirements of the LWCF General Provisions. 8.J.a Packet Pg. 196 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 41 of 50 2020 RCO GRANT AGREEMENT 33. PROVISIONS FOR FARMLAND AND FORESTLAND PRESERVATION PROJECTS. The following sections of this Agreement shall not apply if they are included and covered separately in a recorded RCO-approved Agricultural Conservation Easement, or Forest Conservation Easement (or other method): a. Income and Income Use; Stewardship and Monitoring; Acknowledgement and Signs; Provisions Applying To Acquisition Projects: Conveyance of Rights to the State of Washington, Building and Structures, and Hazardous Substances; Long-Term Obligations of the Projects and Sponsors: Perpetuity; and Construction, Operation, Use and Maintenance of Assisted Projects. 34. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS. For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the Sponsor shall not commence with clearing of riparian trees or in-water work unless either the Sponsor has complied with 50 C.F.R. § 223.203 (b)(8) (2000), limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration. Violation of this requirement may be grounds for terminating this Agreement. This section shall not be the basis for any enforcement responsibility by RCO. 35. PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS. The following provisions shall be in force for this Agreement if the project is funded in part or wholly from the Puget Sound Acquisition and Restoration program. The Sponsor agrees to the following terms and conditions: a. Cost Principles/Indirect Costs For State Agencies. GRANT RECIPIENT agrees to comply with the cost principles of 2 CFR 200 Subpart E as appropriate to the award. In addition to the US Environmental Protection Agency’s General Terms and Conditions “Indirect Cost Rate Agreements,” if the recipient does not have a previously established indirect cost rate, it agrees to prepare and submit its indirect cost rate proposal in accordance with 2 CFR 200 Appendix VII. b. Credit and Acknowledgement. In addition to the ACKNOWLEDGEMENT AND SIGNS section, materials produced must display both the Environmental Protection Agency (EPA) and Puget Sound Partnership (PSP) logos and the following credit line: "This project has been funded wholly or in part by the United States Environmental Protection Agency. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does mention of trade names or commercial products constitute endorsement or recommendation for use.” This requirement is for the life of the product, whether during or after the Agreement period of performance. c. Hotel Motel Fire Safety Act. Sponsor agrees to ensure that all conference, meeting, convention, or training space funded in whole or part with federal funds, complies with the federal Hotel and Motel Fire Safety Act (PL 101-391, as amended). Sponsors may search the Hotel-Motel National Master List @ http://www.usfa.dhs.gov/applications/hotel to see if a property is in compliance or to find other information about the Act. 8.J.a Packet Pg. 197 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 42 of 50 2020 RCO GRANT AGREEMENT d. Drug Free Workplace Certification. Sub-recipient (Sponsor) shall make an ongoing, good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in 2 C.F.R. Part 1536 Subpart B. Additionally, in accordance with these regulations, the recipient organization shall identify all known workplaces under its federal awards, and keep this information on file during the performance of the award. Sponsors who are individuals must comply with the drug-free provisions set forth in 2 C.F.R. Part 1536 Subpart C. The consequences for violating this condition are detailed under 2 C.F.R. Part 1536 Subpart E. e. Management Fees. Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term “management fees or similar charges” refers to the expenses added to direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities or for other similar costs that are not allowable. Management fees or similar charges may not be used to improve or expand the project funded under this Agreement, except for the extent authorized as a direct cost of carrying out the scope of work. f. Trafficking in Persons and Trafficking Victim Protection Act of 2000 (TVPA). This provision applies only to a sub-recipient (Sponsor), and all sub-awardees of sub-recipient (Sponsor), if any. Sub- recipient (Sponsor) shall include the following statement in all sub-awards made to any private entity under this Agreement: “You as the sub-recipient, your employees, sub-awardees under this award, and sub-awardees’ employees may not engage in severe forms of trafficking in persons during the period of time that the award is in effect; procure a commercial sex act during the period of time that the award is in effect; or use forced labor in the performance of the award or sub-awards under this Award.” The sub-recipient (Sponsor), and all sub-awardees of sub-recipient (Sponsor) must inform RCO immediately of any information you receive from any source alleging a violation of this prohibition during the award term. The federal agency funding this Agreement may unilaterally terminate, without penalty, the funding award if this prohibition is violated, Section 106 of the Trafficking Victims Protection Act of 2000, as amended. g. Lobbying. The chief executive officer of this recipient agency (Sponsor) shall ensure that no grant funds awarded under this Agreement are used to engage in lobbying of the Federal Government or in litigation against the United States, unless authorized under existing law. The recipient (Sponsor) shall abide by its respective Cost Principles (OMB Circulars A-21, A-87, and A- 122), which generally prohibits the use of federal grant funds for litigation against the United States, or for lobbying or other political activities. The Sponsor agrees to comply with 40 C.F.R. Part 34, New Restrictions on Lobbying. Sponsor shall include the language of this provision in award documents for all sub-awards exceeding $100,000, and require that sub-awardees submit certification and disclosure forms accordingly. In accordance with the Byrd Anti-Lobbying Amendment, any Sponsor who makes a prohibited expenditure under 40 C.F.R. Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each expenditure. All contracts awarded by Sponsor shall contain, when applicable, the anti-lobbying provisions as stipulated in the Appendix at 40 C.F.R. Part 30. Pursuant to Section 18 of the Lobbying Disclosure Act, Sponsor 8.J.a Packet Pg. 198 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 43 of 50 2020 RCO GRANT AGREEMENT affirms that it is not a non-profit organization described in Section 501(c)(4) of the Internal Revenue Code of 1986; or that it is a non-profit organization described in Section 501(c)(4) of the code but does not and will not engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act. h. Reimbursement Limitation. If the Sponsor expends more than the amount of RCO funding in this Agreement in anticipation of receiving additional funds from the RCO, it does so at its own risk. RCO is not legally obligated to reimburse the Sponsor for costs incurred in excess of the RCO approved budget. i. Disadvantaged Business Enterprise Requirements. The Sponsor agrees to comply with the requirements of EPA’s Utilization of Small, Minority and Women’s Business Enterprises in procurements made under this award. j. Minority and Women’s Business Participation. Sponsor agrees to solicit and recruit, to the maximum extent possible, certified minority owned (MBE) and women owned (WBE) businesses in purchases and contracts initiated after the effective date of this Agreement.<br><br> These goals are expressed as a percentage of the total dollars available for purchase or agreement and are as follows: Purchased Goods 8% MBE 4% WBE; Purchased Services 10% MBE 4% WBE; Professional Services 10% MBE 4% WBE. Meeting these goals is voluntary and no agreement award or rejection shall be made based on achievement or non-achievement of the goals. Achievement of the goals is encouraged, however, and Sponsor and ALL prospective bidders or people submitting qualifications shall take the following affirmative steps in any procurement initiated after the effective date of this Agreement: i. Include qualified minority and women’s businesses on solicitation lists. ii. Assure that qualified minority and women’s business are solicited whenever they are potential sources of services or supplies. iii. Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women’s businesses. iv. Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women’s businesses. v. Use the services and assistance of the State Office of Minority and Women’s Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. k. MBE/WBE Reporting. In accordance with the deviation from 40 C.F.R. §33.502, signed November 8, 2013, DBE reporting is limited to annual reports and only required for assistance agreements where one or more the following conditions are met: l. There are any funds budgeted in the contractual/services, equipment or construction lines of the award; and/or $3,000 or more is included for supplies; or there are funds budgeted for subawards or loans in which the expected budget(s) meet the conditions as described in items 8.J.a Packet Pg. 199 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 44 of 50 2020 RCO GRANT AGREEMENT (a) and (b). When completing the form, recipients (Sponsors) should disregard the quarterly and semi-annual boxes in the reporting period Section 1B of the form. For annual submissions, the reports are due by October 30th of each year or 90 days after the end of the project period, whichever comes first. The reporting requirement is based on planned procurements. Recipients (Sponsors) with funds budgeted for non-supply procurement and/or $3,000 or more in supplies are required to report annually whether the planned procurements take place during the reporting period or not. If no procurements take place during the reporting period, the recipient should check the box in Section 5B when completing the form. MBE/WBE reports should be sent to the DBE Coordinator in the Sponsor’s region. Contact information can be found at http://www.epa.gov/osbp/contactpage.htm. The coordinators also can answer any questions. Final MBE/WBE reports must be submitted within 90 days after the project period of the grant ends. To be in compliance with regulations, the Sponsor must submit a final MBE/WBE report. Non-compliance may impact future competitive grant proposals. The current EPA Form 5700- 52A can be found at the EPA Office of Small Business Program’s Home Page at http://www.epa.gov/osbp/dbe_reporting.htm. m. Procurement involving an EPA Financial Assistance Agreement. Pursuant to 40 C.F.R. § 33.301, the Sponsor agrees to make the following six good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to require that sub-recipients (Sponsors), and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained. n. Ensure Disadvantaged Business Enterprise (DBEs) are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For State and Local and Government Sponsors, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. o. Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. p. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For State and local Government Sponsors, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. q. Encourage contracting with a consortium of DBEs when an agreement is too large for one of these firms to handle individually. r. Use the services and assistance of the Small Business Administration (SBA) and the Minority Business Development of the Department of Commerce. 8.J.a Packet Pg. 200 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 45 of 50 2020 RCO GRANT AGREEMENT s. If the Sponsor awards subcontracts, require the Sponsor to take the steps in paragraphs (a) through (e) of this section. t. Lobbying & Litigation. By signing this Agreement, the Sponsor certifies that none of the funds received from this Agreement shall be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The chief executive officer of this Sponsor agency shall ensure that no grant funds awarded under this Agreement are used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The Sponsor shall abide by its respective Attachment in 2 C.F.R. Part 200, which prohibits the use of federal grant funds for litigation against the United States or for lobbying or other political activities. For subawards exceeding $100,000, EPA requires the following certification and disclosure forms: I. Certification Regarding Lobbying, EPA Form 6600-06: http://www.epa.gov/ogd/AppKit/form/Lobbying_sec.pdf II. Disclosure of Lobbying Activities, SF LLL: http://www.epa.gov/ogd/AppKit/form/sflllin_sec.pdf u. Legal expenses required in the administration of Federal programs are allowable. Legal expenses for prosecution of claims against the Federal Government are unallowable. v. Payment to Consultants. EPA participation in the salary rate (excluding overhead) paid to individual consultants retained by recipients (Sponsors) or by a recipients’ (Sponsor’s) contractors or subcontractors shall be limited to the maximum daily rate for Level IV of the Executive Schedule (formerly GS-18), to be adjusted annually. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include transportation and subsistence costs for travel performed (the recipient will pay these in accordance with his/her normal travel reimbursement practices). Subagreements with firms for services that are awarded using the procurement requirements in 40 C.F.R. Parts 30 or 31, are not affected by this limitation unless the terms of the contract provide the recipient (Sponsor) with responsibility for the selection, direction and control of the individual who will be providing services under the contract at an hourly or daily rate of compensation. See 40 C.F.R. § 30.27(b) or 40 C.F.R. § 31.369(j), as applicable, for additional information. As of January 1, 2020, the limit is $654.71 per day $81.83 per hour. w. Peer Review. Where appropriate, prior to finalizing any significant technical products the Principal Investigator (PI) of this project must solicit advice, review, and feedback from a technical review or advisory group consisting of relevant subject matter specialists. A record of comments and a brief description of how respective comments are addressed by the PI will be provided to the Project Monitor prior to releasing any final reports or products resulting from the funded study. x. International Travel (Including Canada). All International Travel must be approved by the US Environmental Protection Agency’s Office of International and Tribal Affairs (OITA) BEFORE 8.J.a Packet Pg. 201 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 46 of 50 2020 RCO GRANT AGREEMENT travel occurs. Even a brief trip to a foreign country, for example to attend a conference, requires OITA approval. Please contact your Partnership Project manager as soon as possible if travel is planned out of the country, including Canada and/or Mexico, so that they can submit a request to the EPA Project Officer if they approve of such travel. y. Unliquidated Obligations (ULO). Sub-recipients, and all sub-awardees of Sub-Recipients, if any, should manage their agreement and subaward funding in ways that reduce the length of time that federal funds obligated and committed to subaward projects are unspent (not yet drawn down through disbursements to sub-recipients and sub-awardees). z. Light Refreshments And/Or Meals. Unless the event(s) and all of its components are described n the approved workplan, the recipient agrees to obtain prior approval from EPA for the use of grant funds for light refreshments and/or meals served at meetings, conferences, training workshops, and outreach activities (events). The recipient must send requests for approval to the EPA Project Officer and include: 1) An estimated budget and description for the light refreshments, meals, and/or beverages to be served at the event(s); 2) A description of the purpose, agenda, location, length and timing for the event; and, 3) An estimated number of participants in the event and a description of their roles. Cost for light refreshments and meals for recipient staff meetings and similar day-to-day activities are not allowable under EPA assistance agreements. aa. State grant cybersecurity. (a) The recipient agrees that when collecting and managing environmental data under this assistance agreement, it will protect the data by following all applicable State law cybersecurity requirements. (b) (1) EPA must ensure that any connections between the recipient’s network or information system and EPA networks used by the recipient to transfer data under this agreement, are secure. (2) The recipient agrees that any subawards it makes under this agreement will require the subrecipient to comply with the requirements in (b)(1) if the subrecipient’ s network or information system is connected to EPA networks to transfer data to the AGecy using systems other than the Environmental Information Exchange Network or EPA’s Central Data Exchange. 36. ORDER OF PRECEDENCE. a. This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The provisions of the Agreement shall be construed to conform to those laws. In the event of a direct and irreconcilable conflict between the terms of this Agreement and any applicable statute, rule, or policy or procedure, the conflict shall be resolved by giving precedence in the following order: i. Federal law and binding executive orders; 8.J.a Packet Pg. 202 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 47 of 50 2020 RCO GRANT AGREEMENT ii. Code of federal regulations; iii. Terms and conditions of a grant award to the state from the federal government; iv. Federal grant program policies and procedures adopted by a federal agency that are required to be applied by federal law; v. State Constitution, RCW, and WAC; vi. Agreement Terms and Conditions and Applicable Manuals vii. Applicable deed restrictions, and/or governing documents. 37. LIMITATION OF AUTHORITY. Only RCO’s Director or RCO’s delegate authorized in writing (delegation to be made prior to action) shall have the authority to alter, amend, modify, or waive any clause or condition of this Agreement; provided that any such alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made as a written amendment to this Agreement and signed by the RCO Director or delegate. 38. WAIVER OF DEFAULT. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing, signed by the director, or the director’s designee, and attached as an amendment to the original Agreement. 39. APPLICATION REPRESENTATIONS – MISREPRESENTATIONS OR INACCURACY OR BREACH. The Funding Entity (if different from RCO) and RCO rely on the Sponsor’s application in making its determinations as to eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this Agreement. 40. SPECIFIC PERFORMANCE. RCO may enforce this Agreement by the remedy of specific performance, which means Sponsors’ completion of the project and/or its completion of long-term obligations as described in this Agreement. However, the remedy of specific performance shall not be the sole or exclusive remedy available to RCO. No remedy available to the RCO shall be deemed exclusive. The RCO may elect to exercise any, a combination of, or all of the remedies available to it under this Agreement, or under any provision of law, common law, or equity, including but not limited to seeking full or partial repayment of the grant amount paid and damages. 41. TERMINATION AND SUSPENSION. a. The RCO requires strict compliance by the Sponsor with all the terms of this Agreement including, but not limited to, the requirements of the applicable statutes, rules, and RCO policies, and with the representations of the Sponsor in its application for a grant as finally approved by RCO. For federal awards, notification of termination will comply with 2 C.F.R. § 200.340. b. For Cause. 8.J.a Packet Pg. 203 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 48 of 50 2020 RCO GRANT AGREEMENT i. The RCO director may suspend or terminate the obligation to provide funding to the Sponsor under this Agreement: a. If the Sponsor breaches any of the Sponsor's obligations under this Agreement; b. If the Sponsor fails to make progress satisfactory to the RCO director toward completion of the project by the completion date set out in this Agreement. Included in progress is adherence to milestones and other defined deadlines; or c. If the primary and secondary Sponsor(s) cannot mutually agree on the process and actions needed to implement the project; d. Prior to termination, the RCO shall notify the Sponsor in writing of the opportunity to cure. If corrective action is not taken within 30 days or such other time period that the director approves in writing, the Agreement may be terminated. In the event of termination, the Sponsor shall be liable for damages or other relief as authorized by law and/or this Agreement. ii. RCO reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Sponsor from incurring additional obligations of funds during the investigation of any alleged breach and pending corrective action by the Sponsor, or a decision by the RCO to terminate the Contract. c. For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part when it is in the best interest of the state. If this Agreement is so terminated, RCO shall be liable only for payment required under the terms of this Agreement prior to the effective date of termination. A claimed termination for cause shall be deemed to be a "Termination for Convenience" if it is determined that: i. The Sponsor was not in default; or ii. Failure to perform was outside Sponsor’s control, fault or negligence. d. Rights of Remedies of the RCO. i. The rights and remedies of RCO provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. ii. In the event this Agreement is terminated by the director, after any portion of the grant amount has been paid to the Sponsor under this Agreement , the director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived. However, any repayment shall be limited to the extent it would be inequitable and represent a manifest injustice in circumstances where the project will fulfill its fundamental purpose for substantially the entire period of performance and of long-term obligation. iii. Non-Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. If RCO participation 8.J.a Packet Pg. 204 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 49 of 50 2020 RCO GRANT AGREEMENT is suspended under this section for a continuous period of one year, RCO’s obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the Sponsor. iv. Suspension: The obligation of the RCO to manage contract terms and make payments is contingent upon the state appropriating state and federal funding each biennium. In the event the state is unable to appropriate such funds by the first day of each new biennium RCO reserves the right to suspend the Agreement, with ten (10) days written notice, until such time funds are appropriated. Suspension will mean all work related to the contract must cease until such time funds are obligated to RCO and the RCO provides notice to continue work. v. No Waiver. The failure or neglect of RCO to require strict compliance with any term of this Agreement or to pursue a remedy provided by this Agreement or by law shall not act as or be construed as a waiver of any right to fully enforce all rights and obligations set forth in this Agreement and in applicable state or federal law and regulations. 42. DISPUTE HEARING. a. Except as may otherwise be provided in this Agreement , when a dispute arises between the Sponsor and the RCO, which cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party’s request for a dispute hearing must be in writing and clearly state: i. The disputed issues; ii. The relative positions of the parties; iii. The Sponsor’s name, address, project title, and the assigned project number. b. In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three persons consisting of one person chosen by the Sponsor, one person chosen by the director, and a third person chosen by the two persons initially appointed. If a third person cannot be agreed on, the persons chosen by the Sponsor and director shall be dismissed and an alternate person chosen by the Sponsor, and one by the director shall be appointed and they shall agree on a third person. This process shall be repeated until a three person panel is established. c. Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved. The process may be solely based on written material if the parties so agree. The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes. d. The parties shall be bound by the majority decision of the dispute panelists, unless the remedy directed by that panel is beyond the authority of either or both parties to perform, as necessary, or is otherwise unlawful. 8.J.a Packet Pg. 205 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) Page 50 of 50 2020 RCO GRANT AGREEMENT e. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute. The written agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request. f. All costs associated with the implementation of this process shall be shared equally by the parties. 43. ATTORNEYS’ FEES. In the event of litigation or other action brought to enforce the terms of this Agreement each party agrees to bear its own attorney fees and costs. 44. GOVERNING LAW/VENUE. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be in the Superior Court of a county where the project is situated, if venue there is legally proper, and if not, in a county where venue is legally proper. The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington. 45. SEVERABILITY. The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. 46. END OF AGREEMENT. This is the end of the agreement. 8.J.a Packet Pg. 206 Attachment: Downey Application Resolution+Authorization (2817 : Downey Side Channel Restoration – RCO Grant Resolution – Adopt) DATE: September 7, 2021 TO: Kent City Council SUBJECT: Amendments to Consultant Services Agreements for IT Temporary Staff - Authorize MOTION: I move to authorize the Mayor to sign contract amendments with Protingent Inc., Robert Half International, Inc., and Viri Technology LLC to increase the available contract funding for all IT temporary service contracts by an additional $1,224,500.00 through December 31, 2021, subject to final contract terms and conditions acceptable to the IT Director and City Attorney. SUMMARY: Protingent Inc., Scion Staffing Inc., and Viri Technology LLC are staffing and recruitment agencies that specialize in placing information technology professionals in project and contract-to-hire positions (hereafter, “Consultants”). The City’s Information Technology department will leverage contractor work through these Consultants. During the original term of the Agreement from August 14, 2019, through December 31, 2020, the Kent City Council established an overall budget of $2,499,226.49 for all temporary staffing and placement of IT professionals provided by these Consultants. This contract authorized temporary services with a variety of consultants within this same budgetary amount. Each contract also authorized extensions for successive one-year terms through the execution of future contract amendments, subject to budgetary funding allocated by Council. Through Amendment No. 1, the temporary IT staffing budget was increased by an additional $1,250,000.00 through December 31, 2021, for an overall adjusted budget of $3,749,226.49. Through this Amendment No. 2, the City targets an increase to the temporary IT staffing budget by an additional $1,224,500.00 through December 31, 2021, for an adjusted 2021 budget $2,474,500.00, and an overall budget for 2019 - 2021 of $4,973,726.49. IT will continue to monitor fees charged in relation to that collective budgeted amount to ensure the amounts paid under all temporary consultant contracts do not exceed the adjusted budget. If authorized, funding for these contract amendments will be paid from the IT Department’s existing capital and operating budget. 8.K Packet Pg. 207 BUDGET IMPACT: Description Cost Impact Amendments No.1 – 2021 Capital and Operating Budget $1,250,000.00 Amendments No.2 – 2021 Capital and Operating Budget $1,224,500.00 2021 Total for All Temporary Consultant Services $2,474,500.00 SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. 2021_Amendments No 2 to CSAs (PDF) 08/24/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 9/7/2021 7:00 PM 8.K Packet Pg. 208 Amendments No 2 to Consultant Services Agreements CotW Exhibit A Protingent, Inc Amendment No 2 8.K.a Packet Pg. 209 Attachment: 2021_Amendments No 2 to CSAs (2819 : Amendments to Consultant Services Agreements for IT Temporary Staff - Authorize) 8.K.a Packet Pg. 210 Attachment: 2021_Amendments No 2 to CSAs (2819 : Amendments to Consultant Services Agreements for IT Temporary Staff - Authorize) 8.K.a Packet Pg. 211 Attachment: 2021_Amendments No 2 to CSAs (2819 : Amendments to Consultant Services Agreements for IT Temporary Staff - Authorize) 8.K.a Packet Pg. 212 Attachment: 2021_Amendments No 2 to CSAs (2819 : Amendments to Consultant Services Agreements for IT Temporary Staff - Authorize) Amendments No 2 to Consultant Services Agreements CotW Exhibit B Robert Half International, Inc Amendment No 2 8.K.a Packet Pg. 213 Attachment: 2021_Amendments No 2 to CSAs (2819 : Amendments to Consultant Services Agreements for IT Temporary Staff - Authorize) AMENDMENT NO. 2 - 1 of 3 (Robert Half International, Inc.) AMENDMENT NO. 2 NAME OF CONSULTANT: Robert Half International, Inc. CONTRACT NAME & PROJECT NUMBER: Temporary Staffing & Recruitment, #CAG2019-389 ORIGINAL AGREEMENT DATE: August 14, 2019 This Amendment is made between the City and the above-referenced Consultant and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, the Agreement is modified as follows: 1. Introduction. The specific tradenames referred to in the first paragraph of the Agreement are deleted. Instead, introduction is replaced with the following: THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the “City”), and Robert Half International Inc. organized under the laws of the State of Delaware, located and doing business at 600 Union Street, Suite 4300, Seattle, WA 98101, (800) 793-5533 (hereinafter the “Consultant”). 2. Compensation. Section III of the Agreement, entitled “Compensation,” is amended to replace it with the following: III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, for services provided under this Agreement during its Initial Term and each Renewal Term exercised by the City and agreed upon by the Consultant. During the original term of the Agreement from August 14, 2019, through December 31, 2020, the Kent City Council established an overall budget of $2,499,226.49 for all temporary staffing and placement of IT professionals provided by Consultant, and others retained by the City to provide similar work. Through Amendment No. 1, the temporary IT staffing budget was increased by an additional $1,250,000.00 through December 31, 2021, for an adjusted budget of $3,749,226.49. Through this Amendment No. 2, the Kent City Council increased the temporary IT staffing budget by an additional $1,224,500.00 through December 31, 2021, for an adjusted budget of $4,973,726.49, and City staff is not authorized to approve any work beyond that budgeted amount. The City will monitor fees charged in relation to that collective budgeted amount, and if 8.K.a Packet Pg. 214 Attachment: 2021_Amendments No 2 to CSAs (2819 : Amendments to Consultant Services Agreements for IT Temporary Staff - Authorize) AMENDMENT NO. 2 - 2 of 3 (Robert Half International, Inc.) services provided by Consultant and others will cause the City to exceed that budgeted amount, the City will either seek additional approval through a contract amendment authorized by the Mayor or Council as the Kent City Code may require, or terminate Consultant’s services as provided for in this Agreement. Consultant acknowledges and understands that it is not the City’s exclusive provider of these services, but is instead one of several consultants who have been retained to provide temporary staffing and placement services. The City maintains its unqualified right to obtain these services through other sources. This Agreement is for on-call and as-needed services, the need for which is determined in the City’s sole judgment and discretion. Consultant shall have no obligation to continue performance once the “not to exceed” amount limitation has been attained. The City shall be responsible for all charges for services in the event the City fails to notify Consultant of termination of the assignment or fails to increase of the “not to exceed” amount. The Consultant’s billing rate will be negotiated at the time an Assigned Individual is assigned to perform services for the City. The temporary worker Consultant assigns to perform work under this Agreement (“Assigned Individual”) will submit either an electronic time record or a time sheet for City’s verification and approval at the end of each week. Based upon that approved time record or time sheet, the Consultant will submit weekly payment invoices to the City for payment, which will reflect the previously agreed and negotiated billing rate. B. The City shall provide payment to Consultant within forty-five (45) days of its receipt of proper invoice from Consultant. If the City objects to all or any portion of an invoice due to billing or invoicing errors, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute until any such dispute is settled by the parties. In that event, the parties will immediately make every effort to settle the disputed portion. 3. Entities Included Within Scope of Agreement. Section XVI of the Agreement is amended to revise subsection L. as follows: XVI. MISCELLANEOUS PROVISIONS. . . . L. Scope of Agreement. This Agreement is only applicable to, and the only Robert Half International Inc. divisions and branches obligated under this Agreement is the Accountemps, OfficeTeam, Robert Half Management Resources, Robert Half Technology, The Creative Group, and Enterprise Technology Services divisions of the branch offices located in the State of Washington. 8.K.a Packet Pg. 215 Attachment: 2021_Amendments No 2 to CSAs (2819 : Amendments to Consultant Services Agreements for IT Temporary Staff - Authorize) AMENDMENT NO. 2 - 3 of 3 (Robert Half International, Inc.) 4. Miscellaneous. A. The Consultant accepts all requirements of this Amendment by signing below, and by its signature waives any protest or claim it may have regarding the Agreement or this Amendment. This Amendment, unless otherwise provided, does not relieve the Consultant from strict compliance with the guarantee and warranty provisions of the original Agreement. B. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. C. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: Robert Half International, Inc. By: (signature) Print Name: Megan Slabinski Its District Director (title) DATE: CITY: City of Kent By: (signature) Print Name: Its (title) DATE: APPROVED AS TO FORM: Kent Law Department ATTEST: ___________________________ Kent City Clerk 8.K.a Packet Pg. 216 Attachment: 2021_Amendments No 2 to CSAs (2819 : Amendments to Consultant Services Agreements for IT Temporary Staff - Authorize) Amendments No 2 to Consultant Services Agreements CotW Exhibit C Viri Technology, LLC Amendment No 2 8.K.a Packet Pg. 217 Attachment: 2021_Amendments No 2 to CSAs (2819 : Amendments to Consultant Services Agreements for IT Temporary Staff - Authorize) AMENDMENT NO. 2 - 1 of 3 (Viri Technology, LLC) AMENDMENT NO. 2 NAME OF CONSULTANT: Viri Technology, LLC CONTRACT NAME & PROJECT NUMBER: Temporary Staffing & Recruitment, #CAG2019-496 ORIGINAL AGREEMENT DATE: December 18, 2019 This Amendment is made between the City and the above-referenced Consultant and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, the Agreement is modified as follows: 1. Introduction. The specific tradenames referred to in the first paragraph of the Agreement are deleted. Instead, introduction is replaced with the following: THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the “City”), and Viri Technology, LLC, a Washington corporation, located and doing business at 600 Stewart Street Suite 1200 Seattle, WA 98101 (hereinafter the “Consultant”). 2. Compensation. Section III of the Agreement, entitled “Compensation,” is amended to replace it with the following: III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, for services provided under this Agreement during its Initial Term and each Renewal Term exercised by the City and agreed upon by the Consultant. During the original term of the Agreement from August 14, 2019, through December 31, 2020, the Kent City Council has established an overall budget of $2,499,226.49 $1,250,000.00 for all temporary staffing and placement of IT professionals provided by Consultant, and others retained by the City to provide similar work. Through Amendment No. 1, the temporary IT staffing budget was increased by an additional $1,250,000.00 through December 31, 2021, for an adjusted budget of $3,749,226.49. Through Amendment No. 2, the Kent City Council increased the temporary IT staffing budget by an additional $1,224,500.00 through December 31, 2021, for an adjusted budget of $4,973,726.49, and City staff is not authorized to approve any work beyond that budgeted amount. The City will monitor fees charged in relation to that collective budgeted amount, and if 8.K.a Packet Pg. 218 Attachment: 2021_Amendments No 2 to CSAs (2819 : Amendments to Consultant Services Agreements for IT Temporary Staff - Authorize) AMENDMENT NO. 2 - 2 of 3 (Viri Technology, LLC) services provided by Consultant and others will cause the City to exceed that budgeted amount, the City will either seek additional approval through a contract amendment authorized by the Mayor or Council as the Kent City Code may require, or terminate Consultant’s services as provided for in this Agreement. Consultant acknowledges and understands that it is not the City’s exclusive provider of these services, but is instead one of several Consultants who have been retained to provide temporary staffing and placement services. The City maintains its unqualified right to obtain these services through other sources. This Agreement is for on-call and as-needed services, the need for which is determined in the City’s sole judgment and discretion. Consultant shall have no obligation to continue performance once the “not to exceed” amount limitation has been attained. The City shall be responsible for all charges for services in the event the City fails to notify Consultant of termination of the assignment or fails to increase of the “not to exceed” amount. The Consultant’s billing rate will be negotiated at the time an Assigned Individual is assigned to perform services for the City. The temporary worker Consultant assigns to perform work under this Agreement (“Assigned Individual”) will submit either an electronic time record or a time sheet for City’s verification and approval at the end of each week. Based upon that approved time record or time sheet, the Consultant will submit weekly payment invoices to the City for payment, which will reflect the previously agreed and negotiated billing rate. B. The City shall provide payment to Consultant within forty-five (45) days of its receipt of proper invoice from Consultant. If the City objects to all or any portion of an invoice due to billing or invoicing errors, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute until any such dispute is settled by the parties. In that event, the parties will immediately make every effort to settle the disputed portion. 3. Miscellaneous. A. The Consultant accepts all requirements of this Amendment by signing below, and by its signature waives any protest or claim it may have regarding the Agreement or this Amendment. This Amendment, unless otherwise provided, does not relieve the Consultant from strict compliance with the guarantee and warranty provisions of the original Agreement. B. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. C. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. 8.K.a Packet Pg. 219 Attachment: 2021_Amendments No 2 to CSAs (2819 : Amendments to Consultant Services Agreements for IT Temporary Staff - Authorize) AMENDMENT NO. 2 - 3 of 3 (Viri Technology, LLC) IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: Viri Technology, LLC By: Lou Hazim (signature) Print Name: Lou Hazim Its SVP (title) DATE: 8-10-2021 CITY: City of Kent By: (signature) Print Name: Its (title) DATE: APPROVED AS TO FORM: Kent Law Department ATTEST: ___________________________ Kent City Clerk 8.K.a Packet Pg. 220 Attachment: 2021_Amendments No 2 to CSAs (2819 : Amendments to Consultant Services Agreements for IT Temporary Staff - Authorize) DATE: September 7, 2021 TO: Kent City Council SUBJECT: Consultant Services Agreement with TEKsystems, Inc. for Temporary IT Staff - Authorize MOTION: I move to authorize the Mayor to sign an agreement with TEKsystems, Inc. to provide temporary IT staff, subject to final contract terms and conditions acceptable to the Information Technology Director and the City Attorney. SUMMARY: TEKsystems, Inc. is a staffing and recruitment agency that specializes in placing information technology professionals in project and contract-to-hire positions. The City’s Information Technology Department will leverage contractor work through this consultant agency. The Information Technology Department maintains an overall budget from which temporary placement agencies are paid to provide temporary employment staff. The current budget authorized for all temporary employment staff is $3,749,226.49. Tonight, the Information Technology Department has also asked Council to increase that authorized contract budget by an additional $1,224,500.00, for an amended overall contract cost of $4,973,726.00. If this contract with TEKsystems, Inc. is authorized by Council, the cost of that contract will be paid from those same budgeted funds. The City will pay the Consultant based on time and materials, for services provided under this agreement during its initial terms and each renewal term exercised by the City. IT will monitor fees charged in relation to this collective budgeted amount. This contract authorizes temporary services with a variety of consultants within this same budgetary amount. Each contract also authorizes extensions for successive one-year terms through the execution of future contract amendments. BUDGET IMPACT: Description Cost Impact 2019-2021 Operating and Capital Budget $4,973,726.00 (if the prior item on Council’s agenda is approved, otherwise this amount is $3,749,226.49.) SUPPORTS STRATEGIC PLAN GOAL: 8.L Packet Pg. 221 Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. 2021_TEKsystems-CSA (PDF) 08/24/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 9/7/2021 7:00 PM 8.L Packet Pg. 222 TEKsystems-Consultant Services Agreement CotW Exhibit A Consultant Services Agreement 8.L.a Packet Pg. 223 Attachment: 2021_TEKsystems-CSA (2818 : Consultant Services Agreement with TEKsystems, Inc. for Temporary IT Staff - Authorize) CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and TEKsystems, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and TEKsystems, Inc., a Maryland corporation authorized to conduct business in Washington, and located and doing business at 7437 Race Rd, Hanover, MD 21076 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following Services for the City in accordance with the following described plans and/or specifications: Supplemental staffing and recruiting services on a time and material basis, under the technical direction and supervision of City, and talent acquisition and executive search services on an on-call, as-needed basis as determined by the City (“Services”). The specifics of the services provided will be confirmed in a Job Arrangement Letter, in a form substantially similar to that attached and incorporated as Exhibit C, which will confirm details of the assignment of Consultant’s Assigned Individual as further specified herein. The Job Arrangement Letter acknowledges that the assignment is under the terms of a signed agreement between the parties. Consultant represents and warrants that the Services furnished under this Agreement will be performed in a good and workmanlike manner and consistent with generally accepted professional recruiting practices within the Puget Sound region in effect at the time those Services are performed. Consultant further represents and warrants that its representatives assigned to perform Services for City shall be fully qualified, experienced, and technically trained and shall perform the services in a reasonably cost-efficient manner. For any breach of this warranty, Consultant shall not charge the City for the first forty (40) hours worked by Consultant’s Assigned Individual for the unsatisfactory services. Contractor represents and warrants that it has the personnel, expertise and corporate infrastructure available to support the design, delivery, and implementation of each deliverable and meet any milestones and/or deadlines imposed by this Agreement, as well as performing the Services described herein in accordance with the terms and conditions of this Agreement. This provision is intended to provide assurance to the City that Contractor has the talent pool available that is capable of performing as this Agreement requires, and that Contractor will use its best efforts to locate personnel whose skillset—technical, professional, and interpersonal—meet the City’s needs and desires. II. TIME OF COMPLETION. This Agreement will become effective on the date it is fully signed by the parties and will continue through 12/31/2021 (“Initial Term”). The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. The parties may agree to extend this Agreement for successive one (1) year terms, which extensions will be authorized through an Amendment to this Agreement (“Renewal Term”). III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials for Services provided under this Agreement during its Initial Term and each Renewal Term exercised by the City and agreed upon by the Consultant. The Kent City Council has established an overall budget of $4,973,726.49 for all temporary staffing and placement of IT professionals provided by Consultant, and others retained by the City to provide similar work, through the year 2021, and City staff is not authorized to approve any work beyond that budgeted amount. The City 8.L.a Packet Pg. 224 Attachment: 2021_TEKsystems-CSA (2818 : Consultant Services Agreement with TEKsystems, Inc. for Temporary IT Staff - Authorize) CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) will monitor fees charged in relation to that collective budgeted amount, and if Services provided by Consultant and others will cause the City to exceed that budgeted amount, the City will either seek additional approval through a contract amendment authorized by the Mayor or Council as the Kent City Code may require, or terminate Consultant’s services as provided for in this Agreement. Consultant acknowledges and understands that it is not the City’s exclusive provider of these services, but is instead one of several Consultants who have been retained to provide temporary staffing and placement services. The City maintains its unqualified right to obtain these services through other sources. This Agreement is for on-call and as-needed services, the need for which is determined in the City’s sole judgment and discretion. The Consultant’s billing rates will be negotiated at the time an Assigned Individual is assigned and that agreed billing rate will be provided for on the Assigned Individual’s timesheet. If applicable, overtime will be billed at 1.5 times that rate. The temporary worker Consultant assigns to perform work under this Agreement (“Assigned Individual”) will submit either an electronic time record or a time sheet for City’s verification and approval at the end of each week. The signing of a weekly timesheet by an authorized City representative shall constitute acceptance of the hours claimed to have been performed. B. The Consultant shall submit weekly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within thirty (30) days of receipt of an invoice. If the City objects to all or any portion of an invoice due to billing or invoicing errors, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute until any such dispute is settled by the parties. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work as a recruiting firm, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant’s placement services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant’s services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant’s business and has obtained a Unified Business Identifier (UBI) number from the State of Washington if applicable to Consultant. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. CITY PROPERTY. City and Consultant agree and understand that the work performed hereunder is “Work for Hire.” If for any reason work does not constitute “Work for Hire,” Consultant hereby assigns all copyrights therein to the City effective as of the date(s) such materials had been created. 8.L.a Packet Pg. 225 Attachment: 2021_TEKsystems-CSA (2818 : Consultant Services Agreement with TEKsystems, Inc. for Temporary IT Staff - Authorize) CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) Consultant agrees to sign and deliver any documentation that may be reasonably required by the City to effectuate the foregoing assignment. Consultant shall at all times protect City’s property from injury or loss arising in connection with this Agreement. If provided access, either locally or via remote access, to City’s network, Consultant shall prevent loss of system files and data on City’s servers due to the negligent, reckless, or willful misconduct of Consultant or its Assigned Individual. Consultant shall treat as confidential all information related to remote access, including instructions, user IDs, and passwords. In no case shall Consultant allow a third party (i.e. not employed by Consultant) to remotely connect to City’s network. VI. SECURITY. Given the nature of the services provided, Consultant must make every reasonable effort to protect City systems and data from improper access. In no case shall any employees. agents, representatives and/or subcontractors of Consultant, including the Assigned Individual, have access to City passwords, accounts, records or data files without prior written approval from the City. For security purposes, Assigned Individuals shall be subject to all lawful background investigations, including without limitation criminal conviction background investigations, as may be reasonably required by the City. At the direction of City, Consultant shall do all things necessary or appropriate to facilitate the background checks including but not limited to obtaining permissions or written waivers from the Assigned Individual, and/or contracting with a third party to perform the background checks per City’s specifications. VII. PROJECT TEAM. A. Assignment of Assigned Individual to Project Team. Consultant understands that the Assigned Individual works as part of the City’s project team, and as such, once assigned, the Assigned Individual is essential to the services offered pursuant to this Agreement. Therefore, the parties agree that: Consultant will not transfer or reassign such Assigned Individual without the express written agreement of City; and should such Assigned Individual no longer be employed during the term of this Agreement by Consultant for whatever reason, City shall have the right to request a specific replacement. In addition, the City reserves the right to request reassignment of any Assigned Individuals if the City, in good faith, believes such individual does not meet performance/qualification standards established by the City. Consultant guarantees the City’s satisfaction with the services provided by the Assigned Individual by extending a one- day (8 hour) guarantee period. If, for any reason, the City is dissatisfied with the services provided by the Assigned Individual, Consultant will not charge for the first 8-hours worked, provided (1) the City contacts Consultant within those first 8 hours to report its dissatisfaction, and (2) the City consents to Consultant replacing the Assigned Individual. B. Right of City To Reject Assigned Individual. City shall have the right to reject any Assigned Individual whose qualifications or performance in the City's good faith and reasonable judgment does not meet the standards established by City as necessary for the performance of the services or does not meet prescribed IT department policy, standards, procedures and guidelines, attached and incorporated as Exhibit A. Such notice shall be provided in writing to the designated location for receipt of notices. Upon receipt of notice, Consultant shall verify receipt of notice and shall meet with City to discuss the problem; and is then responsible for replacing rejected Assigned Individuals, and should do so within ten (10) business days from the date of the meeting unless otherwise agreed upon in writing. VIII. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant’s possession pertaining to this project, which may be used by the City without restriction. IX. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. 8.L.a Packet Pg. 226 Attachment: 2021_TEKsystems-CSA (2818 : Consultant Services Agreement with TEKsystems, Inc. for Temporary IT Staff - Authorize) CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) X. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's negligent performance of the Services under this Agreement, except for that portion of the injuries and damages caused by the City's negligence, gross negligence, or willful misconduct. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Consultant’s part. Other than when necessary for Consultant to fulfill its indemnification responsibilities with respect to third-parties, under no circumstances shall either party be directly liable to the other for indirect, consequential, or punitive damages whether arising in contract, tort or otherwise. The provisions of this section shall survive the expiration or termination of this Agreement. XI. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XII. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. XIII. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created by the Assigned Individual under this Agreement shall belong to and become the property of the City. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. XIV. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of Consultant’s work as a recruiting firm authorized under this Agreement, the Assigned Individual’s work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. City shall provide the Assigned Individual providing services to City with day-to-day oversight and direction. XV. WORK PERFORMED AT CONSULTANT'S RISK AND JOB LIMITATIONS. The City agrees that it will provide safe on-site working conditions. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of any contract work off-site and shall utilize all protection necessary for that purpose. All off-site work shall be done at 8.L.a Packet Pg. 227 Attachment: 2021_TEKsystems-CSA (2818 : Consultant Services Agreement with TEKsystems, Inc. for Temporary IT Staff - Authorize) CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. The City agrees that it will not permit or require Consultant’s Assigned Individual: (i) to perform services outside of the scope of his or her assignment; (ii) to sign contracts or statements; (iii) to make any final decisions regarding system design, software development or the acquisition of hardware or software; (iv) to make any management decisions; (v) to sign, endorse, wire, transport or otherwise convey cash, securities, checks or any negotiable instruments or valuables; (vi) to use computers, or other electronic devices, software or network equipment owned or licensed by the Assigned Individual; or (vii) to operate machinery (other than office machines) or automotive equipment. XVI. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section X of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all applicable federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 8.L.a Packet Pg. 228 Attachment: 2021_TEKsystems-CSA (2818 : Consultant Services Agreement with TEKsystems, Inc. for Temporary IT Staff - Authorize) CONSULTANT SERVICES AGREEMENT - 6 (Over $20,000) I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. L. Background Checks. If City requires Consultant to perform background checks or other placement screenings of Consultant’s Assigned Individuals, City agrees to notify Consultant prior to the start of services under this Agreement. Consultant will conduct such checks or screenings only if they are described in a signed, written amendment to this Agreement. If City requests a summary copy of the results of any checks conducted on Consultant’s Assigned Individuals, City agrees to keep such summary results strictly confidential and to use such results in accordance with applicable laws and solely for employment purposes. M. Confidentiality to the Extent Allowed by Law. City agrees to hold in confidence the identity of any Assigned Individual and the Assigned Individual’s resume, social security number, and other legally protected personal information, and the City agrees to implement and maintain reasonable security procedures and practices to protect such information from unauthorized access, use, modification or disclosure, unless disclosure is required by law. N. Conversion of Assigned Individual to City Employee. . City may not directly or indirectly, for itself, or on behalf of any other person, firm, corporation or other entity, whether as principal, agent, employee, stockholder, partner, member, officer, director, sole proprietor, or otherwise, solicit, participate in or promote the solicitation of any Assigned Individual to leave the employ of Consultant, or hire or engage any Assigned Individual who has not completed a minimum of six (6) months of continuous assignment to the City under this Agreement. However, if any Assigned Individual has been assigned to the City for at least six (6) months, then City may employ or otherwise professionally engage that Assigned Individual without any financial compensation or liquidated damages owed to Consultant. / / / / / / / / / / / / / / 8.L.a Packet Pg. 229 Attachment: 2021_TEKsystems-CSA (2818 : Consultant Services Agreement with TEKsystems, Inc. for Temporary IT Staff - Authorize) CONSULTANT SERVICES AGREEMENT - 7 (Over $20,000) O.Remote Work. The City may authorize an Assigned Individual to work remotely off-site, away from a City location. City is aware that the remote work location is not a Consultant location and is not a site managed by Consultant. In such event, City shall provide the Assigned Individual with hardware (if applicable), software, and network connectivity (such as a secure Virtual Private Network) to perform the Services remotely and shall be responsible for ensuring any City-provided hardware, software, and network meet City security obligations and measures. At no time will Consultant or its Assigned Individual be storing City’s data on Consultant’s equipment. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: TEKsystems, Inc. By: (signature) Print Name: Its (title) DATE: CITY: City of Kent By: (signature) Print Name: Dana Ralph Its Mayor DATE: ATTEST: Kent City Clerk APPROVED AS TO FORM: Kent Law Department NOTICES TO BE SENT TO: TEKSYSTEMS, INC.: 7437 Race Rd, Hanover, MD 21076 (___) ______________ (telephone) (___) ______________ (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: ITA@kentwa.gov City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-4600 (telephone) (253) 856-4700 (facsimile) Christopher Garman Senior Manager of Operations 7/7/21 8.L.a Packet Pg. 230 Attachment: 2021_TEKsystems-CSA (2818 : Consultant Services Agreement with TEKsystems, Inc. for Temporary IT Staff - Authorize) EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1.I have read the attached City of Kent administrative policy number 1.2. 2.During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3.During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4.During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5.Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: __________________________________________ For: __________________________________________ Title: _________________________________________ Date: ________________________________________ TEKsystems, Inc. Senior Manager of Operations 7/7/21 8.L.a Packet Pg. 231 Attachment: 2021_TEKsystems-CSA (2818 : Consultant Services Agreement with TEKsystems, Inc. for Temporary IT Staff - Authorize) EEO COMPLIANCE DOCUMENTS - 2 (Over $20,000) CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors assigned by Consultant to perform services to City under the Agreement indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 8.L.a Packet Pg. 232 Attachment: 2021_TEKsystems-CSA (2818 : Consultant Services Agreement with TEKsystems, Inc. for Temporary IT Staff - Authorize) EEO COMPLIANCE DOCUMENTS - 3 (Over $20,000) CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in Section IX of the Agreement and the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: __________________________________________ For: __________________________________________ Title: _________________________________________ Date: ________________________________________ 8.L.a Packet Pg. 233 Attachment: 2021_TEKsystems-CSA (2818 : Consultant Services Agreement with TEKsystems, Inc. for Temporary IT Staff - Authorize) INFORMATION TECHNOLOGY PERSONNEL POLICY- 1 Exhibit A Exhibit A Number: ITP 3-01 Effective Date: Subject: Information Technology Personnel Policy Supersedes: Previous IT Personnel Policies Approved: 1. Purpose This document describes personnel policies that are specific to IT staff members. City of Kent HR personnel policies are predominant on details that are not addressed on this policy. 2. Scope This policy applies to all IT staff members for whom there are specific department rules not specified in the City of Kent HR Personnel Policy manual. 2.1. Collective Bargaining Agreements Employees covered by collective bargaining agreements or Civil Service Rules will be subject to the specific terms of those agreements and rules. In the event a collective bargaining agreement or the Civil Service Rules do not contain language regarding personnel policies as specified in this document, then those employees will be governed by this policy. 2.2. Authority This policy is written by the Information Technology (IT) Department, under the authority of the IT Director and in compliance with the City’s employment policies, and it supersedes all previous versions of the IT Personnel Policy. The City of Kent Employee policies shall govern all questions concerning the construction, validity and interpretation of this policy. Any exceptions to this policy must be approved in advance by the City IT Director. 2.3. References City of Kent Personnel Policies New IT Employee Cheat Sheet 3. Policy 3.1. Daily Operations 3.1.1. Core Hours Unless covered by collective bargaining agreements, vendor contracts, or otherwise authorized by the IT Director, manager and/or supervisor and documented within a 8.L.a Packet Pg. 234 Attachment: 2021_TEKsystems-CSA (2818 : Consultant Services Agreement with TEKsystems, Inc. for Temporary IT Staff - Authorize) INFORMATION TECHNOLOGY PERSONNEL POLICY- 2 Exhibit A personnel file, all IT department personnel must adhere to core working hours, which are 8:00 AM to 5:00 PM Monday through Friday. If an employee anticipates being more than 15 minutes late for work or absent due to sickness they must notify their manager or supervisor using a previously agreed upon method (text message, call, email). 3.1.2. Flexible Working Hours IT Department employees may request alternative work schedules pursuant to the City’s Personnel Policy 2.16, Alternative Work Schedule. Eligibility is determined by the employee’s direct supervisor, IT management, or Human Resources Director based on the department’s needs and its ability to accommodate the alternative schedule. 3.1.3. Telecommuting A temporary telecommuting schedule accommodation can be put into place with the approval of the IT Director, manager and/or supervisor. Additional time reporting requirements may be instituted to ensure proper accountability. 3.1.4. Overtime Any request for overtime hours/work needs to first be approved by an employee's manager or supervisor. Approval must be sought by the employee and provided by the supervisor or manager in writing (email, captured text message, etc.) prior to the overtime work being performed. Managers, supervisors and employees are expected to keep copies of the "in-writing" approvals of overtime for audit, timekeeping, time-entry, and historical purposes. 3.1.5. Vacation Requests Requests for vacation time need to be approved in advance by an employee's manager or supervisor. Approval must be sought by the employee and provided by the supervisor or manager in the JDE system prior to the vacation being taken. Managers and supervisors are responsible for maintaining adequate levels of service and therefore reserve the right to decline vacation requests if needed. 3.1.6. Holiday Observance Unless otherwise authorized by the IT Manager and/or Director, in the event of an emergency, all departmental staff and contractors are required to observe all City established holidays and closed office notices. 3.2. Supplies and Assets Employees shall be provided with the tools required to perform their job duties as specified on their job description, as well as additional tools at the discretion of the IT Director, manager, or supervisor. 8.L.a Packet Pg. 235 Attachment: 2021_TEKsystems-CSA (2818 : Consultant Services Agreement with TEKsystems, Inc. for Temporary IT Staff - Authorize) INFORMATION TECHNOLOGY PERSONNEL POLICY- 3 Exhibit A 4. Standards 4.1. Performance The IT Department focuses on delivering services to the City. To provide a reliable, high- quality level of service, IT employees may occasionally be assigned with activities beyond those explicitly stated in job descriptions, contracts, or statements of work. Such activities are defined and delegated at the discretion and interpretation of the IT Director, manager, or supervisor. 4.2. Calendar Usage All IT employees must grant read-only access to their Outlook calendars to all IT divisions. This allows other users to optimally plan out their meetings, improves communication and efficiency, and saves time by eliminating the time spent going back-and-forth with them trying to pick the perfect date and time. Any appointments that contain sensitive or personal information can be marked as “private” by the user. 5. Revision History Date Revision # Supersedes Summary of Changes 11/29/2018 1.0 - Initial creation 1/28/2019 1.1 1.0 Added Collective Bargaining Agreements paragraph 5/16/2019 1.2 1.1 Approved by IT Management Team 6. Inquiries Direct inquiries about this policy to: Information Technology Department City of Kent 220 Fourth Ave S Kent, WA 98032 Voice: 253-856-4601 E-mail: ServiceDesk@kentwa.gov http://servicedesk/ 8.L.a Packet Pg. 236 Attachment: 2021_TEKsystems-CSA (2818 : Consultant Services Agreement with TEKsystems, Inc. for Temporary IT Staff - Authorize) INSURANCE REQUIREMENTS - 1 Exhibit B EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be included as an Additional Insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per occurrence. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Consultant agrees to provide at least 30 days’ notice to the City in the event Consultant’s insurance coverage is being cancelled or substantially modified (e.g. a new carrier). 8.L.a Packet Pg. 237 Attachment: 2021_TEKsystems-CSA (2818 : Consultant Services Agreement with TEKsystems, Inc. for Temporary IT Staff - Authorize) INSURANCE REQUIREMENTS - 2 Exhibit B 3. The City of Kent shall be included as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. 8.L.a Packet Pg. 238 Attachment: 2021_TEKsystems-CSA (2818 : Consultant Services Agreement with TEKsystems, Inc. for Temporary IT Staff - Authorize) INSURANCE REQUIREMENTS - 3 Exhibit B EXHIBIT C Date CONTACT NAME COMPANY NAME Job Order Number: Job Order # STREET ADDRESS 1 STREET ADDRESS 2 OR CITY, ST ZIP CITY, ST ZIP OR SPACE IF NOT REQUIRED Dear Contact First Name, Thank you for selecting TEKsystems [OR OTHER APPLICABLE DIVISION] to meet your staffing needs. Candidate Name is scheduled to start with Company Name as a Functional Role on _______________. As agreed, we will invoice your firm at the rate of $______ per hour. If applicable, overtime will be billed at 1.50 times such rate. Federal law defines overtime as hours in excess of 40 hours per week, state laws may vary. Applicable sales and service taxes shall be added to all invoices. Our professional will submit either a time sheet or an electronic time record for verification and approval at the end of each week. Your approval thereby will indicate your acceptance of the terms herein. Our accounting and operational procedures require you receive this document. This standard document will be sent with each Job Order you place with TEKsystems. We acknowledge that TEKsystems and Company Name have a signed agreement. The terms of the signed agreement, along with the terms of this letter, shall govern the services provided by such employee or consultant at Company Name. Please do not hesitate to contact us if you have any questions or we can be of additional service. We look forward to working with you. Sincerely, TEKsystems Street Address 1 Street Address 2 or City, St Zip City, ST Zip or Space if not Required (800) 111-2222 8.L.a Packet Pg. 239 Attachment: 2021_TEKsystems-CSA (2818 : Consultant Services Agreement with TEKsystems, Inc. for Temporary IT Staff - Authorize) DATE: September 7, 2021 TO: Kent City Council SUBJECT: First Amendment to Master License and Services Agreement for Amanda Platform – Authorize MOTION: I move to authorize the Mayor to sign a First Amendment to the Master License and Services Agreement to authorize the assignment and assumption of the original agreement by Granicus, LLC, the successor to CSDC, Inc. and Calytera US, Inc, subject to final terms and conditions acceptable to the IT Director and City Attorney. SUMMARY: The Amanda project’s primary objective is to replace the City’s permitting and compliance system (KIVA), which has reached end of life, with a more modern, user-friendly platform. Focus has been placed on streamlining ECD/Economic and Community Development permitting processes while enhancing the customer experience through reductions in lead time, review and overall permit lifecycle processing. The new technology platform/system underpinning this work-known as Amanda-is being implemented with Granicus, LLC, the current software vendor and its implementation subcontractor, Vision 33. In October 2019, CSDC Systems Inc. rebranded/changed its corporate name from CSDC, Inc. to Calytera US, Inc., and then the later acquisition of Calytera US, Inc. was executed by Granicus, LLC, which perpetuates the need to formally assign the existing contract to Granicus, LLC. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. 8.M Packet Pg. 240 Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. 2021_CSDC-Calytera-Granicus-Vendor Name Change (PDF) 08/24/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 9/7/2021 7:00 PM 8.M Packet Pg. 241 CDSC-Calytera-Granicus Vendor Name Change CotW Exhibit A First Amendment to Master License and Services Agreement with CDSC, Inc and Insurance Requirements Full Master License and Services Agreement Link: https://documents.kentwa.gov/WebLink/Browse.aspx?startid=204973 8.M.a Packet Pg. 242 Attachment: 2021_CSDC-Calytera-Granicus-Vendor Name Change (2825 : First Amendment to Master License and Services Agreement for Granicus 408 St Peter St, Suite 600 Saint Paul, MN 55102 Page 1 of 2 First Amendment to Master License and Services Agreement This First Amendment amends the Master License and Services Agreement originally entered into between the City of Kent and CSDC, Inc. and is effective on the date this document is signed and entered into by and between Granicus LLC, a Minnesota Limited Liability Company d/b/a Granicus (hereinafter referred to as "Granicus" or as “CSDC” as that term is used in the Master License and Services Agreement), and the City of Kent, a Washington municipal corporation [CLIENT] (hereinafter referred to as "Client" or “Purchaser” as that term is used in the Master License and Services Agreement), with reference to the following: WHEREAS, the Client and CSDC, Inc. entered into a Master License and Services Agreement effective May 13, 2019 (the "Agreement"); and WHEREAS, in October of 2019, CSDC, Inc. changed its name to Calytera US, Inc. (“Calytera”), and on October 29, 2020, Calytera was acquired by Granicus; and WHEREAS, the Agreement provides that either party may assign the Agreement to a third-party upon the prior written consent of the other party, unless the assignment is to an affiliate or a successor as part of a corporate reorganization or a sale of some or all of a party’s business, for which only advance written notice need be given to the other party concerning that assignment or change in control; and WHEREAS, Granicus desires to accept and assume all of the rights, duties, benefits, and obligations of CSDC and Calytera under the Agreement; and WHEREAS, the Client desires to consent to such assumption under the terms of this First Amendment; and WHEREAS, in addition to Client's existing solution, Client wishes to add certain products and services as detailed in the parties’ Change Order No. 18 to the Statement of Work for Phase 2 – Full Implementation, which is executed contemporaneously with this First Amendment.; NOW, THEREFORE, in consideration of the premises, the parties intend that the Agreement be amended as follows: 1. Granicus accepts and assumes all rights, duties, benefits, and obligations of the Agreement, including all existing and future obligations to perform under the Agreement and all legal and financial responsibility for the prior performance of CSDC and Calytera. 2. All references to CSDC in the Agreement, shall hereinafter be referred to as Granicus. 3. The Client hereby consents to the foregoing assignment to and assumption by Granicus. 4. The parties agree that the Agreement is amended to add a new Section 25.10, entitled “Insurance” as follows: Section 25.10. Insurance. Granicus shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit E attached and incorporated by this reference. 8.M.a Packet Pg. 243 Attachment: 2021_CSDC-Calytera-Granicus-Vendor Name Change (2825 : First Amendment to Master License and Services Agreement for Order Form Sampleville, CA Order #: Q-151375 CONFIDENTIAL Prepared: 7/28/2021 10:57:54 AM Page 2 of 2 5. As provided for by the Agreement, all compensation and work authorized through a Change Order to any previously issued Statement of Work shall be governed by the terms of the Agreement, including Change Order No. 18, which amends the previously authorized Statement of Work for Phase 2 – Full Implementation. 6. Except as amended by this First Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. 7. In the event of any inconsistency between the provisions of this First Amendment and the documents comprising the Agreement, the provisions of this First Amendment shall prevail. IN WITNESS WHEREOF, the parties have caused this First Amendment to be executed by their duly authorized representatives. Agreement and Acceptance By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms. [CLIENT] Granicus Signature: Signature: Name: Name: Title: Title: Date: Date: 8.M.a Packet Pg. 244 Attachment: 2021_CSDC-Calytera-Granicus-Vendor Name Change (2825 : First Amendment to Master License and Services Agreement for EXHIBIT E INSURANCE REQUIREMENTS FOR TECHNOLOGY CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Technology Errors & Omissions (E&O) 3. Network Security (Cyber) and Privacy Insurance shall include, but not be limited to, coverage, including defense, for the following losses or services: Liability arising from theft, dissemination, and/or use of Public Entity confidential and personally identifiable information, including but not limited to, any information about an individual maintained by the Public Entity, including (i) any information that can be used to distinguish or trace an individual‘s identity, such as name, social security number, date and place of birth, mother’s maiden name, or biometric records; and (ii) any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information regardless of how or where the information is stored or transmitted. Network security liability arising from (i) the unauthorized access to, use of, or tampering with computer systems, including hacker attacks; or (ii) the inability of an authorized third party to gain access to supplier systems and/or Public Entity data, including denial of service, unless caused by a mechanical or electrical failure; (iii) introduction of any unauthorized software computer code or virus causing damage to the Public Entity or any other third party data. Lawfully insurable fines and penalties resulting or alleging from a data breach. Event management services and first-party loss expenses for a data breach response including crisis management services, credit monitoring for individuals, public relations, legal service advice, notification of affected parties, independent information security forensics firm, and costs to re-secure, re-create and restore data or systems. 8.M.a Packet Pg. 245 Attachment: 2021_CSDC-Calytera-Granicus-Vendor Name Change (2825 : First Amendment to Master License and Services Agreement for 4. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. Coverage may be in the form of an underlying GL policy combined with an Umbrella/Excess policy in order to meet the limits required. 2. Technology Errors & Omissions (E&O) shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. 3. Network Security (Cyber) and Privacy Insurance shall be written with limits no less than $2,000.000 per claim $2,000,000 policy aggregate for network security and privacy coverage, $100,000 per claim for regulatory action (fines and penalties), and $100,000 per claim for event management services. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, 8.M.a Packet Pg. 246 Attachment: 2021_CSDC-Calytera-Granicus-Vendor Name Change (2825 : First Amendment to Master License and Services Agreement for evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. 8.M.a Packet Pg. 247 Attachment: 2021_CSDC-Calytera-Granicus-Vendor Name Change (2825 : First Amendment to Master License and Services Agreement for CDSC-Calytera-Granicus Vendor Name Change CotW Exhibit B PProject Summary/Timeline 8.M.a Packet Pg. 248 Attachment: 2021_CSDC-Calytera-Granicus-Vendor Name Change (2825 : First Amendment to Master License and Services Agreement for Train the Trainer Sessions Mon 8/9/21 –Fri 8/13/21 Build Testing (UAT) Go Live Prep Post Go-Live Support Training OPTION 1: AMANDA Implementation for New Applications Only Jul ‘21 Aug ‘21 Sep ‘21 Oct ‘21 Nov '21 Dec '21 Jan ‘22 Feb ‘22 Mar ‘22 Complete New Configuration & Interface development Mon 7/14/21 –Fri 8/6/21 Go-Live Prep Mon 9/20/21 –Fri 10/1/21 Production Support Mon 10/4/21 -Fri 10/8/21 Go-Live *New Applications Only* 10/4/21 End User Training Build Testing (UAT) Go Live Prep Post Go-Live Support Go-Live *In Progress KIVA Records* TBD Stabilization Project (Start time & schedule TBD) Finish Data Conversion Mapping and Development –Start Date TBD Conversion Testing & Issue Resolution Migration of KIVA data in Amanda PROD Support Post Data Migration User Acceptance Testing Mon 8/16/21 –Fri 9/17/21 End User Training Mon 9/27/21 –Fri 10/1/21 8.M.a Packet Pg. 249 Attachment: 2021_CSDC-Calytera-Granicus-Vendor Name Change (2825 : First DATE: September 7, 2021 TO: Kent City Council SUBJECT: Amanda (KIVA Replacement) Permitting System Deployment Project – Amend Budget and Approve Contract Amendment - Authorize MOTION: I move to authorize establishing a new budget for the Amanda (KIVA Replacement) project at $2,226,483; authorize the Mayor to sign all contract amendments, change orders, and other documents necessary to advance the Amanda project that cumulatively do not exceed the project budget, subject to final terms and conditions acceptable to City Administration and the City Attorney; provide that future change orders beyond the project budget, but within the overall City budget, be authorized according to their amended contract values and in accordance with the Kent City Code; authorize the Mayor to approve subscription or other renewals authorized through previously approved project contracts, and ratify past actions consistent with this motion, subject to final terms and conditions acceptable to the IT Director and City Attorney. SUMMARY: The Amanda project’s primary objective is to replace the City’s permitting and compliance system (KIVA), which has reached end of life, with a more modern, user-friendly platform. Focus has been placed on streamlining ECD/Economic and Community Development permitting processes while enhancing the customer experience through reductions in lead time, review and overall permit lifecycle processing. The new technology platform/system underpinning this work-known as Amanda-is being implemented with Granicus, LLC, the software vendor and its implementation subcontractor, Vision 33. As the situation over the last sixteen or more months would have it, the project has been significantly impacted by COVID-19 and exceptionally high staff turn-over within the ranks of Vision 33 especially. Couple that with data conversion challenges attributed to the complexity of more than 20 years of historical data stored in the current platform KIVA, and the result is we have the need to revise the project implementation strategy as well as the resulting workplan and budget. On April 16, 2019, Council authorized the original project and at that time it was expected not to exceed a budget of $1,679,120. Thus far, 17 change orders have 8.N Packet Pg. 250 been issued concerning the work Granicus and V33 is performing, at an overall net cost of approximately $48,066, which falls within the IT Director’s authority to approve. Staff requests Council authorize Change Order No. 18, at a cost of $345,675, for required data conversion analysis, configuration and scripting work. In addition, our request also includes $201,688 for contingency to support potential cost overruns during the remainder of the implementation effort. A resulting revision to Amanda’s launch date has the new go-live targeted for late- Q3 2021 based on timeline contingency requirements made by Granicus and Vision 33. BUDGET IMPACT: The new budget for the Amanda project is being reestablished at $2,226,483. Components of that budget include a change order to Granicus, LLC in the amount of $345,675 along with an overall contingency request of $201,688. The total cost increase of the project equates to $547,363. Funding will be sourced from the CRF/Capital Resource Fund’s fund balance account. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. 2021_Granicus-Change Order (PDF) 08/24/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 9/7/2021 7:00 PM 8.N Packet Pg. 251 Amanda Change Order CotW Exhibit A Change Order 18 (CO-18) with Granicus, LLC Full Master License and Services Agreement Link: https://documents.kentwa.gov/WebLink/Browse.aspx?startid=204973 8.N.a Packet Pg. 252 Attachment: 2021_Granicus-Change Order (2826 : Amanda (KIVA Replacement) Permitting System Deployment Project – Amend Budget and Page 1 of 6 CALYTERA PROJECT CHANGE REQUEST Client City of Kent Project Name City of Kent – Permitting System - Phase 2 Change requested by: City of Kent Project Manager: Derek McConnery – Calytera Project Manager Change Request # CO-18 (Phase 2) Urgency: High Date July 27th, 2021 Change Request Identification Change Title Project Schedule Changes & New Scope Change Request Details Description There are three categories addressed in this change request: 1. Data Conversion Schedule Extension 2. Project Scope Changes 3. Change in Delivery Approach as Outlined in the SOW 1. Data Conversion Schedule Extension Based on progress to-date and effort remaining on data conversion analysis, the City of Kent Project Schedule has been updated and currently indicates significant extensions to the timelines established in the SOW for data conversion, specifically: “Data Conversion mapping/analysis is not to exceed 10 business days, this does not include configuration, testing, and UAT issue identification/resolution.” Based on the schedule as of May 26th, 2021, the following table articulates the additional effort spent and planned based on the extended timeline for data conversion analysis & mapping. Through this change order we are requesting additional cost be added to account for the additional time spent support this activity. Timeline Established in the SOW 10 days Current Duration 107 days Delta 97 days Remove “Non-working time” -32 days True Delta 65 days 2. Project Scope Changes Summary During Data Conversion and Mapping Analysis it was determined that new folders and configuration updates to existing folders are required to support additional business requirements not identified during the Blueprint Stage of the project. This includes automated attachment validation. There are two categories of project scope changes for Amanda configuration… 8.N.a Packet Pg. 253 Attachment: 2021_Granicus-Change Order (2826 : Amanda (KIVA Replacement) Permitting System Deployment Project – Amend Budget and Page 2 of 6 CALYTERA PROJECT CHANGE REQUEST • CR18#1 Historic, CNST, & OTC folders • CR18#2 Automated Attachment Validation These changes also impact the effort identified in the contract for data conversion based on the following reference in the contract. “Data Conversion configuration is not to exceed 25 business days; this does not include UAT issue identification/resolution.” Through this change order we are requesting additional cost be added to account for the additional time spent support execution of data conversion. 3. Change in Delivery Approach as Outlined in the SOW Through discussing the potential schedule impacts based on the new scope and extended time for data conversion, this change order formalizes the collective project goal (City of Kent, Calytera, Vision33) to work towards a “Q3 go-live”. In order to accomplish this goal, all parties agree to pause specific project activities (including the majority of data conversion execution) and going live with a product that allows the City of Kent to use the Amanda application, and supporting components, for new applications only. The remaining in scope work will be handled after the go-live, as a stabilization activity, based on the agreed to timelines as established by all parties. The prioritization of work for the Q3 go-live is as follows. CoK/V33 Pause on Data conversion with the following exceptions: • CoK/V33 complete Data Mapping Specification for Historic & CNST Build • V33 will pause/hold Historic & CNST configuration until Amanda Stabilization (including in this change) • Complete new configuration for functioning systems o Change Order#17: Custom Webservices o Automated Attachment Validation (including in this CR) • Complete Interface Development o CoK/SI/V33: Orbi Pay o CoK/SI/V33: iNovah (Amanda Payments) o V33: Bluebeam • All previously completed configuration elements are expected to be tested during UAT and promoted to production. Train the Trainer User Acceptance Testing Go Live Prep End User Training (City of Kent lead) Post Go Live/Production Support 8.N.a Packet Pg. 254 Attachment: 2021_Granicus-Change Order (2826 : Amanda (KIVA Replacement) Permitting System Deployment Project – Amend Budget and Page 3 of 6 CALYTERA PROJECT CHANGE REQUEST Assumptions 1. Estimated hours for Historic, CNST & OTC analysis and configuration have been calculated based on details provided to Vision33 in May 26th meeting where the business requirements were discussed. Should additional configuration changes be identified during analysis of these folders with the client that require additional or more complex configuration, additional effort and therefore budget may be required. 2. Additional days of schedule extension for data conversion assumes ~2.5 resources are required to support the work, in addition to project management. 3. City of Kent, Calytera and Vision33 agree that Data Conversion Analysis is 95% complete, with the remaining 5% to be completed after go-live during the stabilization period. The remaining 5% to be completed includes: o Mapping of historic OTC data in KIVA o Mapping of KS Long Text Data o Mapping document analysis gaps o Mapping of structures & establishment data stored in KIVA 4. Data Conversion Execution will be postponed until completion of data conversion mapping analysis in the stabilization period. 5. City of Kent, Calytera and Vision33 agree that the analysis and Specification Document for Historic & CNST folders is complete. Configuration will be postponed until the stabilization period. 6. City of Kent, Calytera and Vision33 agree that the analysis and Specification Document for OTC is 25% complete. Completion of the analysis, specification document and configuration will be postponed until the stabilization period. 7. All other project milestones will remain unchanged. 8. City of Kent, Calytera and Vision33 will plan the data conversion analysis completion and execution schedule in line with the effort estimates identified in this change order, to the best of all parties’ abilities. 9. Scope for Automated Attachment Validation is as previously stated in change order #19 – this has been included as an appendix to this change order for reference to the scope and effort identified in that document. Change order #19 as previously submitted will be withdrawn. Justification This change request articulates differences between the SOW and the requested scope/timeline requested City of Kent. Priority High Evaluation Cost The cost increase introduced by this change order is $345,675.00 Here is a breakdown of the cost for the various items referenced in this change order. Cost Summary Item Hours Rate Cost 8.N.a Packet Pg. 255 Attachment: 2021_Granicus-Change Order (2826 : Amanda (KIVA Replacement) Permitting System Deployment Project – Amend Budget and Page 4 of 6 CALYTERA PROJECT CHANGE REQUEST Conversion Analysis* (Milestone 7) 1,431 $165 $236,115.00 Project Scope Changes Item Hours Rate Cost Historic, CNST, & OTC folders 281 $165 $46,365.00 Automated Attachment Validation 48 $165 $7,920.00 Conversion Execution (Milestone 13) 335 $165 $55,275.00 Total $345,675.00 Here is the proposed payment structure introduced with this change order. Milestone Cost Updates Cost Milestone 7 Data Conversion Mapping Worksheet – Current Value $30,000.00 + Additional Cost $236,115.00 **Milestone 7 Data Conversion Mapping Worksheet New Value** $266,115.00 Milestone 13 Data Conversion Scripts Executed and QA – Current Value $60,000.00 + Additional Cost $55,275.00 **Milestone 13 Data Conversion Mapping Worksheet New Value** $115,275.00 CR18#1 - Historic, CNST, & OTC folders $46,365.00 CR18#2 - Automated Attachment Validation $7,920.00 Like other change requests, CR18#1 & CR#18#2 will be billed upon completion of successful UAT of the work described. The following updated milestones will be created to recognize work completed to date against milestones that have been paused – this is calculated at approximately 95% completion of the new value of Milestone 7 Data Conversion Mapping Worksheet. Milestone Changes Milestone 7A Data Conversion Mapping Worksheet - Pre-pause $252,809.25 Milestone 7B Data Conversion Mapping Worksheet - Post-pause $13,305.75 Calytera will request sign-off on Milestone 7A Data Conversion Mapping Worksheet - Pre- Pause upon execution of this change order. Schedule This change order supports the new project approach with an October Go-live for new Applications only in Amanda established on July 21, 2021. City of Kent, Calytera and Vision33 will partner on the goal of going live with Amanda for new applications on 10/04/21. 8.N.a Packet Pg. 256 Attachment: 2021_Granicus-Change Order (2826 : Amanda (KIVA Replacement) Permitting System Deployment Project – Amend Budget and Page 5 of 6 CALYTERA PROJECT CHANGE REQUEST Risk Removal of data conversion as a pre go-live activity presents an operational risk to the City of Kent. Calytera & Vision33 will partner on providing guidance to Kent staff on how to manage this risk. Alternatives and recommendation As work is already in progress towards the scope and goals articulated in this document, Calytera recommends moving forward with this change order. Implementation Options N/A Decision Approved Denied Place on Hold Rationale: (if denied or on hold) Cl: (by signing this form, the client authorizes Calytera to engage Vision33 to implement the changes identified in this Change Order): Section 1: To be completed by the Client Name (Print): Title: Signature: Date: 8.N.a Packet Pg. 257 Attachment: 2021_Granicus-Change Order (2826 : Amanda (KIVA Replacement) Permitting System Deployment Project – Amend Budget and Page 6 of 6 CALYTERA PROJECT CHANGE REQUEST Appendix A: Automated Attachment Validation CO-19_Automated Attachment Validation 8.N.a Packet Pg. 258 Attachment: 2021_Granicus-Change Order (2826 : Amanda (KIVA Replacement) Permitting System Deployment Project – Amend Budget and Amanda Change Order CotW Exhibit B Project Summary/Timeline 8.N.a Packet Pg. 259 Attachment: 2021_Granicus-Change Order (2826 : Amanda (KIVA Replacement) Permitting System Deployment Project – Amend Budget and Train the Trainer Sessions Mon 8/9/21 –Fri 8/13/21 Build Testing (UAT) Go Live Prep Post Go-Live Support Training OPTION 1: AMANDA Implementation for New Applications Only Jul ‘21 Aug ‘21 Sep ‘21 Oct ‘21 Nov '21 Dec '21 Jan ‘22 Feb ‘22 Mar ‘22 Complete New Configuration & Interface development Mon 7/14/21 –Fri 8/6/21 Go-Live Prep Mon 9/20/21 –Fri 10/1/21 Production Support Mon 10/4/21 -Fri 10/8/21 Go-Live *New Applications Only* 10/4/21 End User Training Build Testing (UAT) Go Live Prep Post Go-Live Support Go-Live *In Progress KIVA Records* TBD Stabilization Project (Start time & schedule TBD) Finish Data Conversion Mapping and Development –Start Date TBD Conversion Testing & Issue Resolution Migration of KIVA data in Amanda PROD Support Post Data Migration User Acceptance Testing Mon 8/16/21 –Fri 9/17/21 End User Training Mon 9/27/21 –Fri 10/1/21 8.N.a Packet Pg. 260 Attachment: 2021_Granicus-Change Order (2826 : Amanda (KIVA Replacement) Permitting DATE: September 7, 2021 TO: Kent City Council SUBJECT: Skyline Sanitary Sewer Extension Project Bid - Award MOTION: I move to award the Skyline Sanitary Sewer Extension Project to Northwest Cascade, Inc. in the amount of $515,218.46 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: This project includes constructing approximately 550 lineal feet of 8” diameter sanitary sewer, 140 lineal feet of 6” diameter side sewer and surface restoration. The bid opening for the Skyline Sanitary Sewer Extension Project was held on August 24, 2021 with four bids received. The lowest responsible and responsive bid was submitted by Northwest Cascade, Inc. in the amount of $515,218.46. Bid Tab Summary 01. Northwest Cascade, Inc. $515,218.46 02. Road Construction Northwest, Inc. $557,074.90 03. New X, Inc. $617,276.61 04. A Advanced Septic Services, Inc. $623,080.56 Engineer's Estimate $533,985.00 BUDGET IMPACT: This project will be paid for with sanitary sewer funds. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. ATTACHMENTS: 1. Skyline Sewer Bid Tab (PDF) 10.A Packet Pg. 261 Skyline Sanitary Sewer Extension Bid Opening: August 24, 2021, 11:00 AMNorthwest Cascade, Inc. Road Construction Northwest, Inc. New X, Inc. A Advanced Septic Services, Inc. PO Box 73399 PO Box 2228 19916 Old Owen Rd. #7 1602 West Valley Highway S.Disclaimer: These preliminary bid results are provided as a convenience toPuyallup, WA 98373 Renton, WA 98056 Monroe, WA 98272 Auburn, WA 98001 TOTAL $515,218.46 $557,074.90 $617,276.61 $623,080.56ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTALNO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNTSCHEDULE I: STREET1000 Mobilization 1 LS 46,500.00 $46,500.00 50,000.00 $50,000.00 64,000.00 $64,000.00 32,000.00 $32,000.001003 SPCC Plan 1 LS 500.00 $500.00 500.00 $500.00 2,440.00 $2,440.00 500.00 $500.001005 Clearing and Grubbing 1 LS 26,000.00 $26,000.00 2,000.00 $2,000.00 4,426.50 $4,426.50 2,000.00 $2,000.001010 Remove Existing Asphalt Concrete Pavement 230 SY 8.00 $1,840.00 17.50 $4,025.00 19.25 $4,427.50 31.00 $7,130.001015 Remove Existing Cement Concrete Pavement 980 SY 14.00 $13,720.00 15.50 $15,190.00 18.07 $17,708.60 45.00 $44,100.001020 Planing Bituminous Pavement 950 SY 9.50 $9,025.00 12.50 $11,875.00 10.13 $9,623.50 12.00 $11,400.001050 Saw Cut Existing Asphalt Concrete Pavement 540 LF 3.00 $1,620.00 5.00 $2,700.00 2.05 $1,107.00 7.20 $3,888.001055 Saw Cut Existing Cement Concrete Pavement 2,450 LF 4.50 $11,025.00 7.50 $18,375.00 3.16 $7,742.00 11.00 $26,950.001060 Roadway Excavation Incl. Haul 145 CY 50.00 $7,250.00 55.25 $8,011.25 53.42 $7,745.90 70.00 $10,150.001065 Unsuitable Foundation Excavation Incl. Haul 20 CY 75.00 $1,500.00 25.00 $500.00 55.33 $1,106.60 72.00 $1,440.001080 * Crushed Surfacing Top Course, 5/8 Inch Minus 40 TON 42.00 $1,680.00 25.75 $1,030.00 25.68 $1,027.20 36.00 $1,440.001085 Crushed Surfacing Base Course, 1-1/4 Inch Minus 270 TON 42.00 $11,340.00 55.00 $14,850.00 25.93 $7,001.10 38.00 $10,260.001095 HMA Class 1/2", PG 58V-22 455 TON 164.00 $74,620.00 190.00 $86,450.00 182.00 $82,810.00 192.00 $87,360.001125 HMA Class 1/2", PG 58V-22 for Temporary Pavement Patch70 TON 249.00 $17,430.00 160.00 $11,200.00 182.00 $12,740.00 230.00 $16,100.001131 Cement Concrete Pavement - Including Dowels 5 CY 2,000.00 $10,000.00 1,100.00 $5,500.00 746.99 $3,734.95 780.00 $3,900.001220 Adjust Existing Catch Basin Grate or Curb Inlet Grate to Finished Grade1 EA 600.00 $600.00 1,000.00 $1,000.00 500.00 $500.00 900.00 $900.001225 Adjust Existing Manhole Cover to Finished Grade 1 EA 600.00 $600.00 1,000.00 $1,000.00 500.00 $500.00 900.00 $900.001230 Adjust Existing Valve Box Top Section and Lid to Finished Grade5 EA 600.00 $3,000.00 625.00 $3,125.00 500.00 $2,500.00 750.00 $3,750.001261 Remove and Restore Pump Station Sign 1 LS 725.00 $725.00 450.00 $450.00 1,000.00 $1,000.00 600.00 $600.001265 Remove and Restore Fence 40 LF 39.00 $1,560.00 75.00 $3,000.00 50.00 $2,000.00 42.00 $1,680.001315 Pothole Utilities 14 EA585.00 $8,190.00 775.00 $10,850.00 500.00 $7,000.00 600.00 $8,400.001355 Minor Changes 1 CALC 15,000.00 $15,000.00 15,000.00 $15,000.00 15,000.00 $15,000.00 15,000.00 $15,000.00SUB TOTAL$263,725.00 $266,631.25 $256,140.85 $289,848.0010.1% SALES TAX$26,636.23 $26,929.76 $25,870.23 $29,274.65SCHEDULE I TOTAL$290,361.23 $293,561.01 $282,011.08 $319,122.65SCHEDULE III: SEWER3005 PVC Sewer Pipe, 8 Inch Diameter 550 LF 55.00 $30,250.00 123.50 $67,925.00 169.50 $93,225.00 133.00 $73,150.003035 PVC Side Sewer Pipe, 6 Inch Diameter 140 LF 111.00 $15,540.00 104.00 $14,560.00 164.82 $23,074.80 235.00 $32,900.003050 Manhole Under 12 Feet, Type 1 48 Inch Diameter 5 EA 2,500.00 $12,500.00 7,500.00 $37,500.00 10,288.30 $51,441.50 7,000.00 $35,000.003085 Locking Manhole Frame and Cover 5 EA 875.00 $4,375.00 675.00 $3,375.00 388.30 $1,941.50 925.00 $4,625.003100 Sewer Cleanout 3 EA 1,025.00 $3,075.00 765.00 $2,295.00 301.64 $904.92 475.00 $1,425.003115 Shoring or Extra Excavation, Class B 7,900 SF 0.20 $1,580.00 0.05 $395.00 2.94 $23,226.00 1.20 $9,480.003120 Foundation Material, Class I and II 20 TON 127.00 $2,540.00 75.00 $1,500.00 35.00 $700.00 38.00 $760.003130 Controlled Density Fill 10 CY 377.00 $3,770.00 160.00 $1,600.00 40.00 $400.00 132.00 $1,320.003140 * Crushed Surfacing Top Course, 5/8 Inch Minus 950 TON 42.00 $39,900.00 25.75 $24,462.50 25.68 $24,396.00 36.00 $34,200.00SUB TOTAL$113,530.00 $153,612.50 $219,309.72 $192,860.0010.1% SALES TAX$11,466.53 $15,514.86 $22,150.28 $19,478.86SCHEDULE III TOTAL$124,996.53 $169,127.36 $241,460.00 $212,338.86123contractors for informational purposes only and do not identify lowestresponsible bidder. Bid review by staff and final award pending.410.A.aPacket Pg. 262Attachment: Skyline Sewer Bid Tab (2831 : Skyline Sanitary Sewer Extension Project Bid - Award) Skyline Sanitary Sewer Extension Bid Opening: August 24, 2021, 11:00 AMNorthwest Cascade, Inc. Road Construction Northwest, Inc. New X, Inc. A Advanced Septic Services, Inc. PO Box 73399 PO Box 2228 19916 Old Owen Rd. #7 1602 West Valley Highway S.Disclaimer: These preliminary bid results are provided as a convenience toPuyallup, WA 98373 Renton, WA 98056 Monroe, WA 98272 Auburn, WA 98001 TOTAL $515,218.46 $557,074.90 $617,276.61 $623,080.56ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTALNO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT123contractors for informational purposes only and do not identify lowestresponsible bidder. Bid review by staff and final award pending.4SCHEDULE V: TRAFFIC CONTROL5005 Traffic Control Labor 200 HR 81.00 $16,200.00 67.00 $13,400.00 36.00 $7,200.00 67.25 $13,450.005010 Construction Signs Class A 400 SF 35.00 $14,000.00 28.00 $11,200.00 25.00 $10,000.00 4.00 $1,600.005015 Traffic Control Supervisor 100 HR 100.00 $10,000.00 73.50 $7,350.00 48.00 $4,800.00 98.00 $9,800.005016 Uniformed Off-Duty Police Officer 120 HR 95.00 $11,400.00 125.00 $15,000.00 75.00 $9,000.00 100.00 $12,000.005020 Temporary Traffic Control Devices 1 LS 6,000.00 $6,000.00 3,660.00 $3,660.00 5,000.00 $5,000.00 4,200.00 $4,200.005030 Portable Changeable Message Sign (PCMS) 140 DAY 60.00 $8,400.00 45.00 $6,300.00 50.30 $7,042.00 28.25 $3,955.005035 Sequential Arrow Sign (SAS) 40 DAY 22.00 $880.00 45.00 $1,800.00 50.00 $2,000.00 42.75 $1,710.005050 Permanent Channelization 1 LS 2,650.00 $2,650.00 6,000.00 $6,000.00 5,000.00 $5,000.00 10,000.00 $10,000.005080 Temporary Pavement Marking - Short Duration 550 LF 0.60 $330.00 0.50 $275.00 9.09 $4,999.50 2.50 $1,375.00SUB TOTAL$69,860.00 $64,985.00 $55,041.50 $58,090.0010.1% SALES TAX$7,055.86 $6,563.49 $5,559.19 $5,867.09SCHEDULE V TOTAL$76,915.86 $71,548.49 $60,600.69 $63,957.09SCHEDULE VII: TEMPORARY EROSION & SEDIMENTATION CONTROL7000 Seeding, Fertilizing, and Mulching 0.1 AC14,500.00 $1,450.00 16,330.00 $1,633.00 20,000.00 $2,000.00 46,464.00 $4,646.407005 Filter Fabric Fence 380 LF 6.00 $2,280.00 5.50 $2,090.00 19.26 $7,318.80 8.00 $3,040.007010 Wattle 100 LF 4.60 $460.00 5.50 $550.00 24.40 $2,440.00 7.00 $700.007015 Inlet Protection 6 EA 80.00 $480.00 95.00 $570.00 100.00 $600.00 38.00 $228.007030 ESC Lead 30 HR 80.00 $2,400.00 80.00 $2,400.00 45.00 $1,350.00 120.00 $3,600.007055 Erosion/Water Pollution Control 1 FA 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00SUB TOTAL$17,070.00 $17,243.00 $23,708.80 $22,214.4010.1% SALES TAX$1,724.07 $1,741.54 $2,394.59 $2,243.65SCHEDULE VII TOTAL$18,794.07 $18,984.54 $26,103.39 $24,458.05SCHEDULE VIII: ROADSIDE RESTORATION8005 Topsoil Type A 30 CY 73.00 $2,190.00 70.00 $2,100.00 150.50 $4,515.00 51.00 $1,530.008015 Wood Chip Mulch 20 CY 79.00 $1,580.00 70.00 $1,400.00 96.75 $1,935.00 69.00 $1,380.00SUB TOTAL$3,770.00 $3,500.00 $6,450.00 $2,910.0010.1% SALES TAX$380.77 $353.50 $651.45 $293.91SCHEDULE VIII TOTAL$4,150.77 $3,853.50 $7,101.45 $3,203.91SUMMARY: SCHEDULE I TOTAL$290,361.23 $293,561.01 $282,011.08 $319,122.65SCHEDULE III TOTAL$124,996.53 $169,127.36 $241,460.00 $212,338.86SCHEDULE V TOTAL$76,915.86 $71,548.49 $60,600.69 $63,957.09SCHEDULE VII TOTAL$18,794.07 $18,984.54 $26,103.39 $24,458.05SCHEDULE VIII TOTAL$4,150.77 $3,853.50 $7,101.45 $3,203.91CONSTRUCTION CONTRACT TOTAL $515,218.46 $557,074.90 $617,276.61 $623,080.5610.A.aPacket Pg. 263Attachment: Skyline Sewer Bid Tab (2831 : Skyline Sanitary Sewer Extension Project Bid - Award) Skyline Sanitary Sewer Extension Bid Opening: August 24, 2021, 11:00 AM Disclaimer: These preliminary bid results are provided as a convenience toTOTALITEM DESCRIPTION QTY UNITNO. SCHEDULE I: STREET1000 Mobilization 1 LS1003 SPCC Plan 1 LS1005 Clearing and Grubbing 1 LS1010 Remove Existing Asphalt Concrete Pavement 230 SY1015 Remove Existing Cement Concrete Pavement 980 SY1020 Planing Bituminous Pavement 950 SY1050 Saw Cut Existing Asphalt Concrete Pavement 540 LF1055 Saw Cut Existing Cement Concrete Pavement 2,450 LF1060 Roadway Excavation Incl. Haul 145 CY1065 Unsuitable Foundation Excavation Incl. Haul 20 CY1080 * Crushed Surfacing Top Course, 5/8 Inch Minus 40 TON1085 Crushed Surfacing Base Course, 1-1/4 Inch Minus 270 TON1095 HMA Class 1/2", PG 58V-22 455 TON1125 HMA Class 1/2", PG 58V-22 for Temporary Pavement Patch70 TON1131 Cement Concrete Pavement - Including Dowels 5 CY1220 Adjust Existing Catch Basin Grate or Curb Inlet Grate to Finished Grade1EA1225 Adjust Existing Manhole Cover to Finished Grade 1 EA1230 Adjust Existing Valve Box Top Section and Lid to Finished Grade5EA1261 Remove and Restore Pump Station Sign 1 LS1265 Remove and Restore Fence 40 LF1315 Pothole Utilities 14 EA1355 Minor Changes 1 CALCSUB TOTAL10.1% SALES TAXSCHEDULE I TOTALSCHEDULE III: SEWER3005 PVC Sewer Pipe, 8 Inch Diameter 550 LF3035 PVC Side Sewer Pipe, 6 Inch Diameter 140 LF3050 Manhole Under 12 Feet, Type 1 48 Inch Diameter 5 EA3085 Locking Manhole Frame and Cover 5 EA3100 Sewer Cleanout 3 EA3115 Shoring or Extra Excavation, Class B 7,900 SF3120 Foundation Material, Class I and II 20 TON3130 Controlled Density Fill 10 CY3140 * Crushed Surfacing Top Course, 5/8 Inch Minus 950 TONSUB TOTAL10.1% SALES TAXSCHEDULE III TOTALcontractors for informational purposes only and do not identify lowestresponsible bidder. Bid review by staff and final award pending.Engineer's EstimateThomas Leyrer $533,985.00UNIT TOTALPRICE AMOUNT37,000.00 $37,000.002,000.00 $2,000.0010,000.00 $10,000.0020.00 $4,600.0035.00 $34,300.0010.00 $9,500.006.00 $3,240.0010.00 $24,500.0050.00 $7,250.0065.00 $1,300.0050.00 $2,000.0045.00 $12,150.00100.00 $45,500.00140.00 $9,800.00800.00 $4,000.00400.00 $400.00500.00 $500.00400.00 $2,000.00500.00 $500.0090.00 $3,600.00500.00 $7,000.0015,000.00 $15,000.00$236,140.00$23,850.14$259,990.14100.00 $55,000.0090.00 $12,600.005,000.00 $25,000.001,000.00 $5,000.00800.00 $2,400.001.00 $7,900.0050.00 $1,000.00230.00 $2,300.0050.00 $47,500.00$158,700.00$16,028.70$174,728.7010.A.aPacket Pg. 264Attachment: Skyline Sewer Bid Tab (2831 : Skyline Sanitary Sewer Extension Project Bid - Award) Skyline Sanitary Sewer Extension Bid Opening: August 24, 2021, 11:00 AM Disclaimer: These preliminary bid results are provided as a convenience toTOTALITEM DESCRIPTION QTY UNITNO. contractors for informational purposes only and do not identify lowestresponsible bidder. Bid review by staff and final award pending.SCHEDULE V: TRAFFIC CONTROL5005 Traffic Control Labor 200 HR5010 Construction Signs Class A 400 SF5015 Traffic Control Supervisor 100 HR5016 Uniformed Off-Duty Police Officer 120 HR5020 Temporary Traffic Control Devices 1 LS5030 Portable Changeable Message Sign (PCMS) 140 DAY5035 Sequential Arrow Sign (SAS) 40 DAY5050 Permanent Channelization 1 LS5080 Temporary Pavement Marking - Short Duration 550 LFSUB TOTAL10.1% SALES TAXSCHEDULE V TOTALSCHEDULE VII: TEMPORARY EROSION & SEDIMENTATION CONTROL7000 Seeding, Fertilizing, and Mulching 0.1 AC7005 Filter Fabric Fence 380 LF7010 Wattle 100 LF7015 Inlet Protection 6 EA7030 ESC Lead 30 HR7055 Erosion/Water Pollution Control 1 FASUB TOTAL10.1% SALES TAXSCHEDULE VII TOTALSCHEDULE VIII: ROADSIDE RESTORATION8005 Topsoil Type A 30 CY8015 Wood Chip Mulch 20 CYSUB TOTAL10.1% SALES TAXSCHEDULE VIII TOTALSUMMARY:SCHEDULE I TOTALSCHEDULE III TOTALSCHEDULE V TOTALSCHEDULE VII TOTALSCHEDULE VIII TOTALCONSTRUCTION CONTRACT TOTALEngineer's EstimateThomas Leyrer $533,985.00UNIT TOTALPRICE AMOUNT65.00 $13,000.0025.00 $10,000.0080.00 $8,000.00100.00 $12,000.005,000.00 $5,000.0080.00 $11,200.0080.00 $3,200.006,000.00 $6,000.001.00 $550.00$68,950.00$6,963.95$75,913.956,000.00 $600.007.00 $2,660.006.00 $600.00100.00 $600.00100.00 $3,000.0010,000.00 $10,000.00$17,460.00$1,763.46$19,223.4675.00 $2,250.0075.00 $1,500.00$3,750.00$378.75$4,128.75$259,990.14$174,728.70$75,913.95$19,223.46$4,128.75$533,985.0010.A.aPacket Pg. 265Attachment: Skyline Sewer Bid Tab (2831 : Skyline Sanitary Sewer Extension Project Bid - Award)