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Home My WebLink AboutCity Council Meeting - Council - Regular Agenda - 3/7/2023^*4 KENT CITY COUNCIL AGENDA • Tuesday, March 7, 2023 1--7KENT 7:00 PM W A 5 H I N G T O N Chambers 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: 895 3303 5341 Passcode: 573946 Mayor Dana Ralph Council President Bill Boyce Councilmember Brenda Fincher Councilmember Zandria Michaud Councilmember Satwinder Kaur Councilmember Toni Troutner Councilmember Marli Larimer 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 Employee of the Month ii. Appointment to the Civil Service Commission B. Community Events 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report and Chief Administrative Officer's Report B. Councilmembers' Reports 6. PUBLIC HEARING City Council Meeting City Council Regular Meeting March 7, 2023 7. PUBLIC COMMENT The Public Comment period is your opportunity to speak to the Council and Mayor 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. Public Comment may be provided orally at the meeting, or submitted in writing, either by emailing the City Clerk by 4 p.m. on the day of the meeting at CityClerkOkentwa.aov or delivering the writing to the City Clerk at the meeting. If you will have difficulty attending the meeting by reason of disability, limited mobility, or any other reason that makes physical attendance difficult, and need accommodation in order to provide oral comment remotely, please contact the City Clerk by 4 p.m. on the day of the meeting at 253-856-5725 or CityClerk0kentwa. go v. 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 - Feb 21, 2023 5:00 PM ii. City Council Meeting - City Council Regular Meeting - Feb 21, 2023 7:00 PM B. Payment of Bills - Approve C. Excused Absence for Councilmember Kaur - Approve D. Appointment to the Civil Service Commission - Confirm E. Collaborative Solutions, LLC Agreement for Workday Lean -on Services Support - Authorize and Ratify F. Resolution Adopting the Equity Strategic Plan - Adopt G. 2023-2027 City Art Plan - Adopt H. Community Development Block Grant 2023 Annual Action Plan - Approve I. King County Parks Capital and Open Space Program - Capital Project Grant Agreement (Morrill Meadows Park) - Authorize J. King County Parks Capital and Open Space Program - Capital Project Grant Agreement (Salt Air Vista Park) - Authorize K. King County Parks Capital and Open Space Program - Capital Project Grant Agreement (Regional Trails Enhancement Project) - Authorize 9. OTHER BUSINESS 10. BIDS City Council Meeting City Council Regular Meeting March 7, 2023 A. 2023 Crack Sealing - Award B. Morrill Meadows Park Renovation Bid - Award 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE:A copy of the full agenda is available in the City Clerk's Office and at KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at 253-856-5725. For TDD relay service, call the Washington Telecommunications Relay Service 7-1-1. 5.A Administration • Administration continues to focus on the legislative session. As we come up on the half way point of this session, we continue providing input through our lobbyist to refine, support and raise questions about proposed legislation. • We are also working on the final preparations for the State of the City event which is schedule for March 14t" at Kent - Meridian High School Performing Arts Center. Doors open at 6:30 pm and the event starts at 7:00 pm. • At the last council meeting, City Council received a presentation from Uriel Varela and Maria Tizoc on the final Race and Equity Strategic Plan. Council passed the plan unanimously and we have already started on the implementation work. Clerk's Office • Please join us in welcoming Ben Kaufman to the City Clerk's Office. Ben comes to us from the Kent Police Department and is now the City's Public Disclosure Analyst. Ben has already begun working with Tiffany Alcorn, Lead Public Disclosure Administrator, on responding to Public Disclosure Requests. We are excited to now be fully -staffed in the Clerk's Office! • During the month of February, the City Clerk's office processed 93 contracts and conducted three bid/RFP openings • The Clerk's Office continues to receive a record number of requests for public records. During the month of February alone, the Clerk's Office closed out more than 703 requests for public records and processed 116 body worn camera videos totaling 2627 minutes of footage. Permit Center/Building Services Progress made on years long system implementation is creating measurable impacts for customers and staff in our permit center with 13 different application types now available in Amanda. 2023 new permit applications break out as follows: • KIVA (old system) 0 502 - New Applications 0 455 - Issued Permits 0 140 - Correction Letters Issued 0 98 - Resubmittals accepted • Amanda (new) 0 332 - New Applications 0 109 - Issued Permits With nearly 40% of applications now submitted through the Amanda portal, staff are spending less time answering applicant questions because the portal does the gatekeeping, by not allowing submittal until all requirements have been met. Budget • The Budget Group continues to work on the 2023-2024 Adopted Biennial Budget Book, which will be submitted to GFOA for the Distinguished Budget Presentation Award by the end of March. Finance appreciates the contributions to department pages, capital highlights, and performance measures. Page 1 of 10 Packet Pg. 4 Customer Service • February utility billing statements totaled $6,479,131.20, an increase of $723,648.68 over last February. • 125 delinquent water utility accounts were turned off in February. Most of these accounts were paid and turned back on the same day. Due to continued high levels of delinquent accounts, accounts on the shut off list exceed two months delinquent (the standard applied before the shut-off moratorium). Accounting and Reporting • The State Auditor's 2021 Accountability Audit is winding down. Thank you to departments for the continued assistance. • Amazon Prime Business account is expected to be ready for use by mid - March. Further information and training materials are forthcoming. • Please continue to reach out to accounting@kentwa.gov or accountspayable@kentwa.gov regarding 13t" period adjustments and year-end closing questions. Payroll • A project to conduct an in-depth review of the structure of all earn codes is underway with the first round of edits to be applied to the second February pay period. Finance will continue to provide updates as this work progresses. Tax and License • 1,370 Quarter 4 2022 B&O tax returns have been processed, of which 96% were filed online. At least 60 more returns are expected to be submitted as a result of education and enforcement activities. • Tax Division Statement of Procedure No. 1.07 Director Reviews has been amended to enhance the processing of taxpayer appeal of assessments. Workday • Review HCM Tenant Analysis report with CVS • Applied COLA for AFSCME and Teamsters • Configuration and Testing contract changes for the 2023-2025 AFSCME and Teamsters contracts. 5.A • Testing Workday 2023 R1 release - Go Live 3/11/2023 • Workday Issue Tracking total issues reported: o 240 (includes citywide and department specific requests/issues). o Total closed 179 o Total open in progress 15 o Total open 46 in Workday January Statistics: • 8929 - total number of business process events initiated during the selected month. c • 458 - total number of business process 00 events that were initiated by a manager U E during the selected month o • 53 - total number of business processes completed including new hires, 0 terminations and job changes. • 62 - total number of employee benefits business processes completed in the o selected month. This includes retirement savings changes, addition of dependents to an enrollment, new enrollments, and changes to eligibility. w Benefits 0 • Keturah Melton, HR Benefits Analyst joined a� r our team on 2/1/23. Training is in progress. • RDS reconciliation in progress E • Gathering data for the GASB75 report a • Gathering information in response to state auditors' request • Finalized the CMS disclosure report • Working with CVS on system configuration for AFSCME and Teamsters CBA changes 0 • Be Well Wellness Points Challenge in progress - scheduled to end February 28 • ACA 1095 forms were mailed to benefited a eligible employees at the end of January Labor `o • AFSCME Labor Management Meeting • Non -rep salary survey job description deep dive o Recruiting U • One new employee starting on February 16: Teddie Pequet in IT (Technical Support E Specialist II) E 0 • Ben Kaufman was promoted to the Public U Disclosure Analyst position in the City Clerk's Office and Tabitha Solari was promoted to Code Enforcement Officer in the Police Department effective 2/16. Page 2 of 10 Packet Pg. 5 5.A • Computer assessment testing conducted on 2/13 for the Administrative Assistant II position in the Police department • Interviews for the following positions taking place this week and next: Civil Engineering Designer 2, Custodian (2nd interviews), GIS Analyst 2, Payroll Supervisor and Risk Manager. Information Technology Projects • Amanda Stabilization - to further stabilize and enhance the functionality and usability of Amanda, ECD's permit management system. • MainTrac Stabilization - to further stabilize and enhance the functionality and usability of MainTrac, Park's asset management system. Information Technology operational support for February 19, 2023 to February 28, 2023 • Number of tickets opened - 128 • Number of tickets closed - 227 • During the month of February, the Law Department received a total of 163 cases from the Police Department to review and assess for the filing of criminal charges. Of those cases, 50 were for in -custody defendants which necessitated rush filing the next business day after arrest. • In February, prosecutors covered 62 court calendars, which included 1,257 cases scheduled for hearing, spread across 836 defendants. Of those, 280 cases were for 165 defendants who were held in -custody. Of the remaining 671 defendants who were required to appear in court on an out -of - custody basis, 148 of them failed to appear (a 22% FTA rate). *These FTA numbers do not reflect potential absences for 2/28 as the CAO report was due prior to the conclusion of the court day, so the FTA rate could be actually be a bit higher for February. • Not reflected in the numbers noted above, prosecution also covered one Community Court calendar, which included 61 cases across 39 defendants. None of the defendants who appeared were out of compliance to such a degree that a sanction was imposed. All others were demonstrating progress. • Prosecution has now completed all motions to dismiss and/or vacate convictions for possession of drug paraphernalia. This was required after the 2021 Washington Supreme Court opinion, State v. Blake, held RCW 69.50.4013 and its predecessor statutes unconstitutional for simple possession, which was previously a strict liability offense. in • Civil attorneys and staff were successful in their efforts to quash a subpoena issued by defense counsel in the ongoing homicide case, State v. Dervin. Over the past six 0 months, defense counsel has issued an E unusually high number of subpoenas to the o City, requiring the expenditure of significant time and resources across a multiple departments. Attorneys filed a motion to quash the subpoena on shortened time and argued in King County o Superior Court, after which the Court a granted the City's motion. • Continued working with City staff, county a) staff, and Flood District staff to finalize w property transfers for the Lower Russell o Road Levee Project. '- • Continued working with accesso ShoWare r staff on several building system improvement procurements. E • Assisted the HR Department in a number of a sensitive employment and labor related - matters. U U • Assisted City departments in reviewing and negotiating contract terms for a number of contracts related to construction, Q technological, and development projects. • Assisted outside counsel on a number of cases currently in litigation. �. • Worked with staff to acquire the property rights necessary to complete various `o projects throughout the City. Recreation and Cultural Services • The Youth & Teen Division continues to offer After School Energy five days a week at 13 Kent elementary schools. Every week this program engages over 375 students from kindergarten through 6th Page 3 of 10 Packet Pg. 6 5.A grade in a variety of active inclusive games and health focused programming. • Adaptive Recreation staff met with representatives from Kent School District's TOP Program (The Outreach Program). This program provides specially designed instruction and services to students, 18-21 years of age, with functional special education needs and who are transitioning from school to adult living and work. Staff brainstormed new ideas for partnerships in recreation classes such as art, cooking, and exercise. • The Spotlight Series performance, International Guitar Night, played to a sold -out crowd of 359 people on Friday, February 3 at 7:30 pm at Kent -Meridian PAC. In addition to the successful public performance, the four guitarists presented an educational program for approximately 120 Kent -Meridian High School performing arts students. A highlight was the connection Spanish guitarist Jesus Guerrero made with Spanish-speaking K-M students. • Two Spotlight Series performances are scheduled for March: Matt Dusk Sings Sinatra on March 17 and Ray on My Mind on March 25. Both performances will be held at 7:30 pm at Kent -Meridian PAC. Tickets are selling steadily. • Kent Kids' Arts Day, the popular day of hands-on art projects for kids, had been delighting Kent families for three decades before being canceled in 2020 due to COVID. We are pleased to present the return of the event in 2023 on Saturday, March 11 from 10 am to 3 pm at the Kent Commons. • The 2023 Kent Summer Art Exhibit will return to the Centennial Center Gallery, June through August. The call for art submissions is active with a deadline of March 15. • A call for artists is open for the 2023 Kent Downtown Rotating Mural Project, with a deadline of March 31. Two artists will be chosen to create murals for two mural locations in Kent's historic downtown. New murals will replace the inaugural artworks for 2021 at 403 W. Meeker Street and 314 W. Meeker Street. Facilities • Solar grant process for Senior Center is underway. Timeline is 2023. The consultant, Sazan, has the full Solar + Storage study underway. • The gym partition wall at Commons has been removed and the new drop -down curtain was installed on 2/20/23. Unfortunately, the wrong spec was sent so it will be replaced when the correct spec arrives. • Courthouse and Corrections generator project is in a holding pattern for a while as the new generator is expected to now arrive in May 2023, which is a month past the original date. We will continue to track this. • Senior Center Roof project is nearing completion. Additional work is needed this spring/summer when we have dry, warm weather. • IT Annex remodel is complete and the IT team has been moving in. The new Service Desk is open over there. • Contracting with Elevator Consulting Services (ECS) for elevator modernizations at Centennial Center. • A new commercial walk-in refrigerator for Corrections is scheduled for install starting 3/27/23. • Kent Commons renovation plans are continuing to move along. • Court room renovation plans are being finalized. The architect had their permit intake meeting last week. • Siemens contract is finalized and we're working with them to schedule the project. It will be a big implementation and both systems will run at the same time until the transition is complete. • City Hall Campus generator controls upgrade is approved and moving into scheduling. It's for the PLC which stands for Programmable Logic Controller. • Centennial Center exterior reseal schedule has been pushed due to weather; it needs to continue to warm up for the process to be performed properly. • Starting to work on exterior painting projects for this summer. • Maintenance is installing additional lighting on the ground floor of the parking garage c U c 0 U E 0 0 a a� Page 4 of 10 Packet Pg. 7 5.A at Centennial Center. This should be completed in about two weeks. Staff Changes -Hiring/Retirement/Recruitment /Leaves/Promotions • Records Specialist Ben Kaufman moved to the Clerk's Office on February 16. • Records Specialist Tabitha Solari moved to the Code Enforcement Officer position February 16. • Entry level Police Officer Karl Peterson started on March 1 • Records Specialist Joe Irwin started on March 1 Significant crime activities/arrests /investigations • On February 15, at 5:40 pm, officers were dispatched to the Webster Court Apartments for a male with mental health issues trying to open doors to the neighboring units. The suspect also made threats towards a neighbor and used a screwdriver to stab at someone's door. The suspect ended up back inside his apartment and refused to come outside. A search warrant was obtained, and the suspect was eventually taken into custody. • On February 16, at 1:29 am, officers were dispatched to a robbery at the Chevron gas station located at 26220 116t" Ave SE. Three suspects entered the store and acted like they were shopping until two of the suspects went behind the counter and robbed the employees at gun point. The suspects took personal items from the victims, around $700 from the registers and some vape pens. The suspects were seen fleeing in a vehicle. • On February 16, at 12:25 pm, officers responded to a residential fire in the 15200 block of SE 278t" St. Officers found that the suspect had tried to light a fire in the kitchen area because the house was cold. Puget Sound Regional Fire Authority personnel stated this was the third fire they had to respond to at this location. The suspect was taken into custody. • On February 16, at 7:33 pm, officers were dispatched to a hold up alarm at Los Vecinos. Two suspects came into the business and attempted to rob the employee at gun point. When the suspects demanded money, she pushed the holdup alarm. This scared the suspects prompting them to flee without taking anything from the store. • On February 16, at 10:13 pm, officers were dispatched to a robbery at the Knol Apartments. The victim had arrived home and reached her front door when the suspect contacted her while pointing a gun at her. The suspect demanded and obtained her bag and fled the scene. Her bag contained her cell phone, cash, and bank cards. • On February 17, at 7:40 pm, officers responded to a home invasion robbery in the 12000 block of SE 213t" St. Three suspects wearing masks and armed with guns entered the victim's home. They demanded valuables and took the victim's phone, bags, and other items from different rooms. The suspects ended up leaving the victim's phone on the back porch before fleeing. • On February 18, at 6:35 pm, officers were dispatched to a threat with a weapon incident at the Waterbrook Apartments. The victim arrived home to find a vehicle parallel parked blocking access to her parking stall. The victim used her horn to try to signal the owner to move the vehicle. The suspect who possessed the vehicle approached her, pointed a gun at her and told her to shut up. A female later came out of one of the apartments, seemed to ignore what was going on, and got into the passenger seat of the suspect vehicle. The suspect got into the driver's seat and they both left the area. The victim obtained the license plate and provided it to officers. • On February 21, at 3:43 pm, officers were dispatched to a robbery at the Subway located at 1529 W Meeker St. The employee was walking into the customer area from the back of the business when the suspect entered pointing a handgun at her. She ran into the back and locked the door. The suspect chased after her and attempted to make entry into the room she was in. The victim ran through another c U c 0 U E 0 0 a a� Page 5 of 10 Packet Pg. 8 5.A hallway that led her behind the front counter, jumped it, and ran out the front door finding someone to call 911. On February 22, a suspect stole tools and later posted them on Facebook Marketplace. The victim set up a time to meet the suspect. Officers arrived on scene and arrested the suspect who arrived in a stolen vehicle. He was booked into King County Jail on several charges. On February 22, at 11:46 pm officers were dispatched to a robbery at the Slice of Italy located at 26220 116th Ave SE. Two suspects wearing construction vests and armed with handguns, had entered the business, and robbed them. When the suspects entered the store, they immediately took it over and entered the back area to contain all employees. The suspects took the money from the cash registers and an employee's phone. On February 23, at 12:19 am, officers were dispatched to a robbery that occurred at the Chevron located at 27121 Military Rd S. One suspect had come into the store and immediately robbed them at gun point. The suspect took the cash register tray with the money and was seen fleeing in a vehicle which was later found to be an unreported stolen vehicle. On February 24, at 1:59 am, officers were dispatched to a robbery that occurred at the 7-Eleven located at 511 Central Ave S. Two suspects entered the store, immediately took it over and robbed them at gunpoint. One suspect went behind the counter while the other stood by. They were seen fleeing in a vehicle. Officers eventually recovered this vehicle unoccupied on the east hill of Kent. On February 24, at 6:31 am, an officer was dispatched to a commercial alarm at the La Maliniche located at 26028 Pacific Hwy S. Video surveillance showed two suspects using a crowbar to open the door and eventually took the cash register and cigarettes. It appeared one of the suspects was armed with a handgun. The suspect vehicle was also seen on video as well. On February 24, at 6:51 am, an officer was dispatched to a commercial alarm at the La Central Store located at 25626 Pacific Hwy S. One of the doors to the business was lying on the ground 15 feet away. The suspect had also entered the Boost Mobile store by kicking in an interior door. The suspects took two cash registers and cash from La Central. They took two cash registers, cash and phones from Boost Mobile • On February 24, at 9:25 am, an officer was dispatched to a burglary report that occurred at the Taqueria El Rinconsito located at 25914 Pacific Hwy S. The suspects made entry through the drive thru window after prying it open. They attempted to break into the store's safe but were unsuccessful. The video surveillance also showed there was a third suspect who was driving the suspect vehicle only. • On February 25, at 1:50 pm, officers were dispatched to a carjacking that occurred within the Island Park Apartment complex. The victim walked out to his vehicle, got in, and started to put it in reverse to leave. At least four suspects, one armed with a handgun, forced him to stop and robbed him of his vehicle. • On February 26, at 8:00 am, officers were dispatched to a suspicious subject outside of a residence in the 25000 block of 128th PI SE. The subject was allegedly standing outside of the reporting party's door with a handgun. As officers were responding, there was an update that the subject was now shooting the gun. The subject fled the area before officers could arrive. Officers identified the suspect and found video of the incident. The suspect had multiple outstanding DV related warrants for his arrest. The suspect was not located during this incident. • On February 26, at 8:18 pm, officers were dispatched to a shooting near the Red Lion located at 25100 74th Ave S. One victim was shot in the leg and one victim was shot in the hand. The victims were inside a travel trailer when there was a knock at the door. When the door was opened, the suspect opened fire. c U c 0 U E 0 0 a a� Page 6 of 10 Packet Pg. 9 Survey • Land Survey field staff have mapped for Mill Creek culvert cleaning, James & State Street intersection, Willis Road Lane Diets and completed ground target painting for the 2023 aerial imagery flight. The Assistant City Surveyor is overseeing the boundary and Lot Line Elimination work for the Kent East Hill Operations Center (KEHOC). The City Surveyor has researched and written multiple legal descriptions for current projects in Design Engineering. Ryan McFarlane, Survey Party Chief passed his professional license exam with the state. This creates a total of four Professional Licensed Surveyor's employed by the city at one time, which is a first in Kent's history. • Public Works GIS staff updated the storm & sewer asset as-builts from multiple private developments. Staff continue fulfilling public records requests, calculating impervious surfaces for billing services and providing support to PW Operations for Cityworks. The PW GIS Supervisor has been actively resolving issues with the recent Laserfiche migration. Working with HR on filling the vacant GIS Analyst position. Environmental • Lake Fenwick Alum Treatment: staff preparing specifications/checklist in preparation for bid advertisement. Bid schedule: advertisement dates - May 30 & June 6, 2023, bid opening - June 13, 2023 @ 11 AM • Briscoe- Desimone Levee: staff reviewing the ILA with the Flood Control District to determine if all conditions have been met. • Mayor's Homeless Task force/On-Call Garbage Contract: o Junk Hauler RFP: received the final edits from Christina in Legal and now working closely with Nancy to begin advertising on March 7 and 14 in the DJC and city website. Proposals will be due 3/21 with cleanups scheduled for early May. Budget is set with money to be used from the utility drainage account, • • 5.A capital project accounts, and LSWFA grant. o Provided update on specific cleanup locations and hotspots at the 2/22 Mayor's Homelessness Task Force Meeting. o The UPLIFT team continues to clean designated areas of Kent removing litter and dumping from right-of-way areas. in The team has removed roughly 440 bags of trash since the program began last November. o Staff continues to work with PD and 00 PWO in identifying encampments and U E updating the SeeClickFix system. o 2023 Upcoming Recycle Collection Events: March 4 - Hogan Park 0 o Spring mini event dates: Friday, April 21 at the Kent Library from 1:00 - 4:00 pm. NPDES Source Control Inspection Program: o staff is refining the inventory of properties which must be inspected under NPDES source control requirement. In addition to w the required "initial" source control 0 a� inventory that was identified and established prior to August of 2022, staff is adding more sites to the source control T inventory that are located in the Soos E Creek Water & Sewer and Midway Sewer a area. Staff training on source control ; inspection procedures including database L) management and enforcement. Stormwater Management Action Plan (SMAP): staff continues developing Kent's 0 SMAP which assesses opportunities to improve surface water quality in the Lower Mill Creek Basin. The SMAP report is due to a the WA Department of Ecology by March 31, 2023. Staff is working with a consultant `o to complete surface water quality monitoring to guide focused source control inspections and provide baseline stream o monitoring data for the Stormwater Management Action Plan. Monitoring began E- Thursday (2/21) and will be complete E Thursday (3/2). Results will be available c two weeks following the final monitoring U event. 2024 Reissuance of the Municipal Stormwater Permit: as part of Ecology's Phase II Municipal Stormwater Permit Page 7 of 10 Packet Pg. 10 reissuance process, they are asking for feedback on the preliminary draft language proposed for the permits. Accepting informal comments on preliminary draft permit sections for the Western Washington Phase II Municipal Stormwater Permit - proposed new section: Stormwater Controls for Priority Developed Areas from February 23, 2023, through March 23, 2023. Design • 2023 Overlays: incorporating comments from review. Preparing final contract documents. • HSIP - compact roundabout at 108th/264th S: final aerial communication line in conflict claimed by Lumen; coordinating relocation. Final review comments received February 27 and are being incorporated. Working with WSDOT to secure Right -of -Way certification. Preparing documents for the obligation of construction funds. • 2023 Mill Creek Culvert Cleaning: project to be deferred to 2024. • 2023 Watermain Upgrades: preparing final watermain contract documents. James Street Storm improvements to be included in the project. James Street Storm submitted SEPA for increased stormwater capacity. Coordinating provisions to ensure James storm work to occur in summer month(s). Watermain pipes expected to have a long procurement time. • HSIP - Road Diet Locations: 90% review distributed February 24. Comments due March 10. Team preparing provisions. • Washington Ave Pumpstation: updating provisions and refreshing bid items. Site visits with Operations team to observe operations of wet well configurations. 90% review expected to be distributed early/mid-March. • Reith Road - vicinity S 253rd St to SR 516: Progressing grading design to discuss impacts with property owners (easements). Preparing documents for SEPA. • Linda Heights: received comments from Operations from the building drawings and working to incorporate. RCO process has started with Parks. • S. 224th St - Phase 3 WEST/Stage 1: Soos Creek Water and Sewer expected to 5.A relocate facilities early/spring 2023. Open House held February 10 at Panther Lake Elementary. Several follow up site meetings with property owners have followed, advancing the acquisition of easements. • Mill Creek/76th Ave S Culvert Replacement: NMFWS issued approved CORPS permit February 24 allowing for the in design to be finalized. Utilities notified of relocation expectation dates. Continued coordination with KC WTD. c Construction 'o West Hill Reservoir: civil site work has U E resumed. Working on block wall, preparing o for permanent site security fence, general site grading, tank downspout plumbing and a overall site drainage. Paint crews continue working on correction work on the interior paint, cold weather hampering production. o • 2022 Asphalt Overlays: seasonal suspension request made and granted. Contractor provided updated completion schedule as requested. Work scheduled to w resume end of March. 0 • 76th Avenue South - North Segment: traffic switched to East side of road to allow construction of the West side. Storm work 2 continues on West side of project. First E concrete paving pour scheduled to begin in a two weeks, weather permitting. a) • S 2401h Street and Russell Road TIB Sidewalk Improvements: ACI continues work on Hogan Park. Paving of the parking lot scheduled for March 7 weather permitting. Streets • Street Maintenance prepared the snow and ice equipment for possible inclement weather, sprayed deicer on roadways and bridges at various locations Citywide, cleaned the sidewalks on Central Ave S, S 228th St and at Lakeside Blvd E, repaired handrails at 102"d Ave SE and at 104th Ave Page 8 of 10 Packet Pg. 11 5.A SE, prepared for pouring and poured a new concrete sidewalk at 14323 SE 259th PI and grinded the sidewalks at S 1941h St. • Signs and Markings updated the information into the Geographic Information System (GIS), installed bases and signs on Frager Rd S and at 42nd Ave S, set bases on 102nd PI SE and on 97th Ave S, installed signs on SE 213th St, James St and on 971h Ave S, picked up barricades from downtown and performed sign maintenance at various locations Citywide. • Solid Waste cleaned up debris in several locations including along SE 248th St and on Military Rd S. • Water Vegetation cleared debris, cut branches and limbed up trees at the East Hill well, Seven Oaks well, Guiberson, Clark Springs, the 640th Zone Tank and at the Scenic Hill sites. • Street Vegetation staff cleaned up litter and debris along SE 240th St, the rock wall at 116th Ave SE and along W Valley Hwy. Prepared set up for the roundabout project at SE 223rd St, edged the sidewalk on Kent Kangley Rd, replaced a street tree on W Meeker St and conducted traffic control for branch removal at 2nd Ave S. • The Sidearm crews cleared debris, cut branches and limbed up trees at the East Hill well, Seven Oaks well, Guiberson, Clark Springs. Planted trees along 4th Ave S, Russell Rd, Central Ave N and along E Gowe St and removed and replaced trees at the Blue Boy tank Pumpstation #1. Picked up live stakes and edged the sidewalk on Kent Kangley Rd. • Wetland Mitigation crews planted at the Downey site. Water/Sewer • Water staff continue to work through our 590 Pressure Zone on Kent's East Hill water main cleaning. They are currently working through the Seven Oaks Development, north of Kent Kangley to SE 256th St from 118th PI S to 122nd Ave SE. We also are staying busy working with development contractors on new water meter main tie-ins and on the City of Covington Highway 516 road widening project that has relocated our Clark Springs Transmission Main (CSTM). • Sewer staff are cleaning and video inspecting sewer mains on Kent's East Hill in the area of SE 268th St to SE 270th St from 114th Ave SE to 115th Ave SE. They also continue to visit our weekly and monthly maintenance areas. Source, Supply and Pumpstations • Source and Supply staff turned off and ran the 212th treatment plant for the Clark Springs shut down, conducted pump and exercise testing at the Renton intertie, turned off the second supply one (SSP1) source and returned to Kent Springs gravity source, installed new booster pumps at Kent Springs, generator load testing at various sites Citywide, repaired the NAF pump for the East Hill well, performed maintenance of the offline treatment equipment at Kent Springs and Clark Springs, worked on the 2022 Water Quality Report, worked on the February Well Head Protection and serviced the Clark Springs Transmission Main (CSTM). • SCADA staff serviced and performed system monitoring during the Clark Springs Transmission Main (CSTM) shutdown, worked on the annual Water Use Efficiency (WUE), lost water and Habitat Conservation Plan (HCP) reporting, exercise testing of station #74, re -wired the waste pump and reviewed alarms at the 212th treatment plant and installed a caustic valve actuator and a power monitor at the East Hill well. • Pumpstation crews installed a wet well lid, removed and prepared for the inlet gate valve installation at the Frager Pump Station, sealed the control cabinet for the Upper Mill Creek Dam, performed valve maintenance at Horseshoe and Victoria Ridge sanitary stations and viewed demonstration of a new wet well cleaning apparatus (Wet Well Wizard). Storm/Sewer/Drainage Vegetation • Storm crews cleaned the storm lines on 116th Ave SE, hauled Vactor spoils and bladed the shoulders at 104th Ave SE. Performed control structure and permeable pavement inspections and repairs at various locations Citywide, crews also performed National Pollutant Discharge Elimination System (NPDES) assessing on c U c 0 U E 0 0 a a� Page 9 of 10 Packet Pg. 12 5.A W Meeker St, W Cloudy St, 411 Ave N and pumping on W Willis St and Central Ave N • Wetland Maintenance worked on fence repairs at Horseshoe Bend on 8011 Ave S and at 114th Ave SE. Inspected wetlands for transient activity and removed litter as necessary at Birk on S 260th St, Maplewood Grove on 108th Ave SE, Redondo on 27th Ave S, Signal Electric on 3rd Ave S, 72nd Ave Diversion Channel on 72nd Ave S, Horseshoe Bend on 80th Ave S, the 196th Corridor Wetland on S 196th St and at ShoWare Center on W James St. • Holding Pond crews removed limbs from Swan Court on 112th Ave SE, removed trees from Nancy's Grove A at 144th Ave S and from Mack Park at 112th Ave SE, cleared brush, mowed and removed trees at the LID 353 bioswale on Military Rd S and assisted with tree removal with the bucket truck on 2nd Ave S and at the 98th detention facility at S 232nd St. Fleet/Warehouse • The Warehouse crew continued to assist with CDL training, 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, hauled spoils as time and equipment were available and preparing for the recycle event at Hogan Park on 3/4/23. • Fleet staff worked on receiving and setting up new vehicles, prepared and picked up old vehicles from auction, performed air brake inspections, scheduled and nonscheduled repairs and scheduled Ford recalls. Page 10 of 10 Packet Pg. 13 8.A.1 Date: Time: Place: I. KENT WAS M IN G 7 0 N February 21, 2023 5:00 p.m. Chambers CALL TO ORDER Pending Approval City Council Workshop Workshop Regular Meeting Minutes February 21, 2023 Council President Boyce called the meeting to order. Attendee Name _ Title Bill Boyce Council President Status Arrived Present Present Brenda Fincher Councilmember Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Zandria Michaud Councilmember Excused Toni Troutner Councilmember Councilmember Present Excused Les Thomas Dana Ralph Mayor Excused PRESENTATIONS Information Technology Updates IT Staff Information Technology Director, Mike Carrington, Information Technology bi-annual update to the Council. 45 MIN. introduced the Project Management Office Manager, Brian Rambonga provided an overview of the completed, current and future technology workplan and major initiatives from 2019 - 2027. Rambonga provided a recap of projects for all department that included summaries of the projects, budgets, start and target end dates. Carrington talked about how the department envisions and plans for projects that include reviewing the project charter and profile and cost -benefit analysis. Carrington talked about estimates and final costs for projects. Staff reviewed the active projects list and advised that projects oftentimes get put on hold at a department's request - mainly due to the availability of resources. Security and Operations Manager, James Endicott, talked about why there is no longer a website for the Kent Creates program and advised staff are researching potential solutions to replace the website. a Packet Pg. 14 8.A.1 City Council Workshop Workshop Regular February 21, 2023 Meeting Kent, Washington Minutes ..............................................................................................................................................................................................................................................................................................._......................................................................................................................................................................................................... 2 Public Works Solid Waste Team Update Public Works Staff 45 MIN. Conservation Coordinator, Tony Donati provided information on the King County/UPLIFT Northwest Program: Kent partnered with King County Utilized $200,000 in ARPA Funds Worked with King County through an existing ILA to have UPLIFT Northwest conduct cleanup on major routes throughout the City. w c Maria Gallardo, Jobs and Housing Coordinator with King County, Department of local Services provided a recap of the program and advised the focus of o the program is to ultimately provide permanent housing and permanent employment. UPLIFT partners with non -profits to provide wrap around o support for growth - mental health, employment insecurities. a Donati updated the Council on graffiti removal through the TeamUp2CleanUp program. Solid Waste Coordinator, Michael Houlihan talked about the City's solid waste team that includes 5 FTEs and up to 3 part time staff. Their clean up work is generated through services requests generated from the public via the website or from phone calls. Houlihan provided examples of unauthorized dumping and provided statistics on the amount of little the team picked up in 2022. Staff thanked the Council for their prior approval of a Litter Strike Team for 2022. Houlihan provided statistics of the amount of little the Team picked up in 2022. Donati talked about the Adopt a Street Program and advised the success of the program is dependent on volunteers to clean up the right-of-way throughout the City. There are currently over 70 volunteer groups. Councilmembers expressed appreciation of staff's presentations. Meeting ended at 6:20 p.m. Ki,m b,eAe,y A. Ko-wwto- City Clerk Page 2 of 2 Packet Pg. 15 8.A.2 KENT WAS M IN G 7 0 N Date: February 21, 2023 Time: 7:00 p.m. Place: Chambers 1. CALL TO ORDER/FLAG SALUTE Mayor Ralph called the meeting to order. 2. ROLL CALL Pending Approval Kent City Council City Council Regular Meeting Minutes February 21, 2023 Attendee Name Dana Ralph 1Title Mayor Status Arrived Present Present Present Bill Boyce Council President Brenda Fincher Councilmember Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Toni Troutner Councilmember Present Les Thomas Councilmember Councilmember Excused Excused Zandria Michaud 3. AGENDA APPROVAL Mayor Ralph advised there is no executive session this evening. A. I move to approve the agenda as presented. RESULT: MOTION PASSES [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner 4. PUBLIC COMMUNICATIONS A. Public Recognition Mayor Ralph recognized Ainsworth Jackson from the YMCA Advisory Board. Jackson introduced the board members and talked about looking for additional board members from City staff. Jackson also sought support of their annual donation campaign. B. Community Events Council President Boyce announced upcoming events at the accessoShoWare Center. C. Public Safety Report Chief Padilla presented the Public Safety Report. a Packet Pg. 16 8.A.2 Kent City Council City Council Regular Meeting February 21, 2023 Minutes Kent, Washington Chief Padilla provided an overview of the current legislative session and the City's efforts regarding public safety legislation, including: • SB 5536 relating to Drug Possession • HB 1363 relating to police pursuits • SB 5606 relating to Illegal Street Racing • HB 1446 relating to funding for police Chief Padilla provided an overview of the intensity of calls for service and compared the city's crimes per officer to surrounding jurisdictions. 3 Chief Padilla talked about the "Take Me Home" program that is a partnership between the Kent Police Department and Kent Community to bring your — loved ones home safely. 0 L Chief Padilla invited the public to sign up for the Community Police Academy a that starts on April 4th. a S. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report and Chief Administrative Officer's Report Mayor Ralph left the meeting to testify online on legislation. Council President Boyce advised the Chief Administrative Officer's report is included in today's agenda packet and there is no executive session. B. Councilmembers' Reports Boyce serves as the chair of the City's Operations and Public Safety Committee and provided an overview of today's agenda items. Boyce also serves as the chair of the City Council Workshop and provided an overview of the two presentations from today's workshop. Councilmember Kaur serves on the Domestic Violence Initiative Task Force that recently heard a presentation from the King County Prosecuting Attorney's Office. Information on the YWCA's gender -based violence programs was presented. The Task Force also received a presentation on operations of the family court at King County. Councilmember Troutner serves as the chair of the City's Economic and Community Development Committee and provided an overview of the agenda items from the February 13t" meeting. Troutner serves on the Regional Transit Committee and provided a recap of the recent meeting where King County Metro discussed projects and to potential to cut services. Page 2 of 5 Packet Pg. 17 8.A.2 Kent City Council City Council Regular Meeting Minutes February 21, 2023 Kent, Washington Troutner serves on the Puget Sound Regional Fire Authority Governance Board that closed the hearing for the Fire Benefit Charge. She also talked about the first call out for the Co -Responders and also talked about the swearing in of the new Chief Carson. Councilmember Fincher serves on the City's Arts Commission that recently discussed the 5-year arts plan. Fincher also conveyed upcoming Spotlight Series events. Fincher serves on the King Conservation District that recently worked on setting 2023 priority projects. 6. PUBLIC HEARING None. 7. PUBLIC COMMENT None. 8. CONSENT CALENDAR I move to approve consent items A - K. RESULT: APPROVED [UNANIMOUS] MOVER: Toni Troutner, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner A. Approval of Minutes i. Council Workshop - Workshop Special Meeting - Feb 3, 2023 8:00 AM ii. Council Workshop - Workshop Regular Meeting - Feb 7, 2023 5:00 PM iii. City Council Meeting - City Council Regular Meeting - Feb 7, 2023 7:00 PM B. Excused absence for Councilmember Michaud - Approve MOTION: I move to approve an excused absence for Councilmember Michaud for the City Council meeting of February 21, 2023. C. Excused Absence for Councilmember Thomas - Approve MOTION: I move to approve an excused absence for Councilmember Thomas for the City Council meeting of February 21, 2023. D. Ordinance Authorizing Remote Meetings for Boards and Commissions. - Adopt Page 3 of 5 Packet Pg. 18 8.A.2 Kent City Council City Council Regular Meeting Minutes February 21, 2023 Kent, Washington MOTION: I move to adopt Ordinance No. 4458, to amend KCC 2.50.090 to allow remote meetings for City boards and commissions on stated conditions, amend KCC 2.57 to provide that a quorum of the City's Land Use and Planning Board shall appear for its meetings in -person, and repeal obsolete remote attendance provisions in KCC 2.55.060 and KCC 2.64.060 related to the Disability Board and the Firefighters' Relief and Pension Board. E. 2021 Countywide Planning Policy Amendments - Adopt MOTION: Move to adopt Resolution No. 2055, ratifying an amendment to the 2021 King County Countywide Planning Policies adopted by King County through ordinance 19553, updating the growth targets for the City of Sammamish. F. Wagner Architects and Planners KEHOC design - Authorize MOTION: I move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Wagner Architects and Planners in an amount not to exceed $2,462,014.00, subject to final terms and conditions acceptable to the Parks Director and City Attorney. G. 2023 Recycling Events Goods & Services Agreement with Olympic Environmental Resources, Inc. - Authorize MOTION: Move to authorize the Mayor to sign the Goods & Services Agreement with Olympic Environmental Resources, Inc. in the amount of $157,700 for operating the 2023 residential recycling collection events, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. H. Speed Limit Changes - Adopt MOTION: I move to repeal Resolution No. 2049 and adopt Resolution No. 2056, updating the reasonable and safe maximum speed limits on certain designated streets, as posted by official traffic control devices, pursuant to Chapter 9.40 of the Kent City Code. I. Washington State Salmon Recovery Funding Board Grant Application - Authorize MOTION: Move to adopt Resolution No. 2057, authorizing the submission of an application for grant funding from the Washington State Salmon Recovery Funding Board, in the amount of $255,319, for the Boeing Levee Setback Habitat Rehabilitation Project. N d c 0 7i 0 a a Page 4 of 5 Packet Pg. 19 8.A.2 Kent City Council City Council Regular Meeting February 21, 2023 Minutes Kent, Washington J. Puget Sound Regional Council Grant for Meet Me on Meeker - Thompson Avenue to Interurban Trail - Authorize MOTION: Authorize the Mayor to accept grant funds from the Puget Sound Regional Council's Regional Grant for the Meet Me on Meeker - Thompson Ave to Interurban Trail, in the amount of $4,757,500, amend the budget, authorize expenditure of the grant funds accordingly, authorize expenditure of up to $1,342,500 in local matching funds from the B&O fund, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. K. Puget Sound Regional Council, King County Competition Grant for East Valley Highway Preservation (84th Avenue South from S 212th Street to S 196th Street) - Authorize MOTION: Authorize the Mayor to sign agreements with the Washington State Department of Transportation to accept federal grant funds for the East Valley Highway Preservation project in the amount of $1,400,000; amend the budget; authorize expenditure of the grant funds accordingly; authorize expenditure of up to $1,445,000 in local matching funds from the Street Fund; and authorize the Mayor to sign all necessary documents to complete the project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 9. OTHER BUSINESS None. 10. BIDS None. 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION None. 12. ADJOURNMENT Council President Boyce adjourned the meeting. Meeting ended at 7:30 p.m. K�lQ.y A. K&M c to - City Clerk N a� 0 7i 0 a a Page 5 of 5 Packet Pg. 20 8.B 440 KENT o f n. V 3 I G N DATE: March 7, 2023 TO: Kent City Council SUBJECT: Payment of Bills - Approve MOTION: I move to approve the payment of bills received through 1/15/23 and paid on 1/15/23 and bills received through 1/31/23 and paid on 1/31/23; approve the checks issued for payroll 1/1/23 - 1/15/23 and paid on 1/20/23 and checks issued for payroll 1/16/23 - 1/31/23 and paid on 2/3/23, all audited by the Operations and Public Safety Committee on 2/7/23; approve the payment of bills received through 2/15/23 and paid on 2/15/23 and approve the checks issued for payroll 2/1/23 - 2/14/23 and paid on 2/17/23, all audited by the Operations and Public Safety Committee on 2/21/23. SUMMARY: Packet Pg. 21 8.6 Approval of payment of the bills received through: 01/15/23 and paid 01/15/23 Approval of checks issued for Vouchers: Date Document Numbers Amount 01/15/23 Wire Transfers 9525 9548 $2,920,940.49 01/15/23 Regular Checks 766894 767172 $4,905,192.95 01/15/23 Payment Plus 104777 104798 $191,896.75 Void Checks $0.00 Void Payment Plus $0.00 01/15/23 Use Tax Payable $8,969.42 Total Accounts Payable: $8,026,999.61 Approval of checks issued for Payroll: 1/1/23-1/15/23 and paid 01/20/23 Date 01/20/23 Checks Voids and Reissues 01/20/23 ANces FR&P Total Payroll: Document Numbers 463501 463508 Amount $2,683,454.78 $0.00 $7,205.82 $2, 690, 660.60 Approval of payment of the bills received through: 01/31/23 and paid 01/31/23 Approval of checks issued for Vouchers Date Document Numbers Amount 01/31/23 Wire Transfers 9549 9570 $3, 824, 533.45 01/31/23 Regular Checks 767173 767530 $6,904,500.03 01/31/23 Payment Plus 104799 104832 $174,259.90 Void Checks $0.00 Void Payment Plus $0.00 01/31/23 Use Tax Payable $11,663.81 Total Accounts Payable: $10,914,957.19 Approval of checks issued for Payroll: 1/16/23-1/31/23 and paid 02/03/23 Date 02/03/23 Checks Voids and Reissues 02/03/23 Ad\,ices FR&P Total Payroll: Document Numbers 463509 463516 Amount $2, 248, 350.78 $0.00 $7,205.82 $2, 255, 556.60 Packet Pg. 22 8.6 Approval of payment of the bills received through: 02/15/23 and paid 02/15/23 Approval of checks issued for Vouchers: Date Document Numbers 02/15/23 Wire Transfers 9571 9592 02/15/23 Regular Checks 767531 767802 02/15/23 Payment Plus 104833 104864 Void Checks Void Payment Plus 02/15/23 Use Tax Payable Total Accounts Payable: Amount $2, 702, 404.07 $3,087,376.19 $186,139.00 ($1,687.50) $0.00 $1,932.16 $5,976,163.92 Approval of checks issued for Payroll: 211/23-2/15/23 and paid 02/17/23 Date 02/17/23 Checks Voids and Reissues 02/17/23 Advices FR&P Total Payroll: 02/21/23 PASSES RESULT: 7:00 PM MOVER: SECONDER: AYES: Document Numbers 463517 643524 Amount $2, 373, 914.97 $0.00 $7, 205.82 $2, 381,120.79 Operations and Public Safety Committee MOTION MOTION PASSES [UNANIMOUS] Next: 3/7/2023 Toni Troutner, Councilmember Satwinder Kaur, Councilmember Boyce, Fincher, Kaur, Larimer, Troutner Packet Pg. 23 8.0 440 KENT o f n. V 3 I G N DATE: March 7, 2023 TO: Kent City Council SUBJECT: Excused Absence for Councilmember Kaur - Approve MOTION: I move to approve an excused absence for Councilmember Kaur for the City Council meeting of March 71h, 2023. SUMMARY: Councilmember Kaur is unable to attend the City Council meeting of March 7, 2023 and has requested an excused absence. Packet Pg. 24 8.D KENT WASH IN G T O N DATE: March 7, 2023 TO: Kent City Council SUBJECT: Appointment to the Civil Service Commission - Confirm MOTION: I move to confirm the Mayor's appointment of Charlie Mitchell to serve the remainder of the six -year term on the Civil Service Commission that was recently vacated by Jeff Piecewicz, for a term will be effective March 8, 2023 through April 30, 2024. SUMMARY: The Civil Service Commission adopts and enforces rules and regulations for personnel matters pertaining to all full-time employees of the police department and is composed of three members who are appointed by the Mayor and confirmed by the Council. Staff conducted an extensive recruitment process that included: promotion on the City's website; notification of the opportunity through the City's social media sites; and notification via email to applicants for other boards and commissions. Applications were received and reviewed. Charlie Mitchell has been a long-time resident of Kent and teacher in the Kent School District who is looking to serve his community in this capacity. He currently serves as a Civil Service Commissioner for the Puget Sound Regional Fire Authority and has a solid understanding of the rules and the responsibilities of being a Commissioner. Members must be citizens of the United States, have been a resident of Kent for three years prior to appointment, be electors of King County, and no more than two members may be adherents of the same political party. Staff has confirmed that Charlie meets all of these criteria. SUPPORTS STRATEGIC PLAN GOAL: Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. Packet Pg. 25 8.E 440 KENT o f n. V 3 I G N DATE: March 7, 2023 TO: Kent City Council SUBJECT: Collaborative Solutions, LLC Agreement for Workday Lean - on Services Support - Authorize and Ratify MOTION: I move to amend the City's Master Services Agreement with Collaborative Solutions, LLC to include one-year of Workday Lean -on Services Support, at a cost of $71,300, to provide that future change orders and statements of work be authorized according to the amended value of all work performed under the Master Services Agreement, and to ratify all prior agreements, change orders, and statements of work with Collaborative Solutions, LLC, subject to final terms and conditions acceptable to the Human Resources Director and City Attorney. SUMMARY: Collaborative Solutions, LLC (Collaborative Solutions) provides the professional services that enable the continuous process improvement that support Human Capital Management Automation (HCMA). In addition to the digital transformational continuous process improvement, Collaborative Solutions supports the related changes in labor agreements, MOUs, City Policy, local, state, and federal mandates, and Workday releases. To support these transactions, the entire Human Capital Management (HCM) business space has been and continues to be complimented by an automated and comprehensive business system technology platform, Workday, with Collaborative Solutions, LLC as the post -production support vendor. Workday has been operational for two plus years and is maintained by the Human Resources Information System Administrator on behalf of Human Resources and Finance Payroll. Prior to implementation, costs related to Workday, including subscription, training and professional services were paid for out of a capital project budget. The subscription costs related to Workday are paid out of IT's operating budget; however, the new budget for lean -on support/service hours is in addition to the subscription cost and will be paid out of HR's operating budget so that HR can directly control the expenditure of these funds. Therefore, HR is requesting authorization for the renewal of these services. HR is also requesting that future change orders and statements of work be Packet Pg. 26 8.E authorized according to the amended value of all work performed by Collaborative Solutions under the Master Services Agreement. This includes the initial implementation of services contemplated under the Master Services Agreement, along with all change orders and statements of work related to the Master Services Agreement. The current amended value of all work performed under the Master Services Agreement is $2,480,047.56. BUDGET IMPACT: The adopted 23/24 Biennial Budget for Human Resources has allocated $166,000.00 in 2023 and 2024 for Collaborative Solutions professional services. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. ATTACHMENTS: 1. Collaborative Solutions - Exhibit A (PDF) 2. Collaborative Solutions Contract - Exhibit B (PDF) 02/21/23 Operations and Public Safety Committee MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS] Next: 3/7/2023 7:00 PM MOVER: Satwinder Kaur, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner Packet Pg. 27 8.E.a Prepared For: The City of Kent Statement of Work Workday Lean -On Services Support Preparation Date: February 6, 2023 Packet Pg. 28 The City of Kent and Collaborative Solutions, LLC Statement of Work February 20, 2023 8.E.a STATEMENT OF WORK FOR WORKDAY LEAN -ON SERVICES SUPPORT This Statement of Work ("SOW") is made effective on the 2011 day of February 2023 (the "SOW Effective Date") by and between The City of Kent ("Client"), having its principal place of business at 220 Fourth Avenue South, Kent, WA 98032 and Collaborative Solutions, LLC, a limited liability company ("CSLLC"), having its principal place of business at 11190 Sunrise Valley Drive, Suite 110, Reston, VA 20191 for Services scheduled to begin on February 20, 2023 ("Start Date") and expected to end on February 29, 2024. This SOW, together with the Agreement, sets out the terms pursuant to which CSLLC will provide certain Services, as further described below. This SOW is being entered into in connection with and subject to the terms and conditions contained in the Master Services Agreement between CSLLC and Client dated as of November 21, 2019 (the "Agreement"). All capitalized terms used herein that are not otherwise defined shall have the same meaning as ascribed to such terms in the Agreement. 1.0 Scope of Work ("Scope") for Consulting Services 1.1 Functionality Scope: Workday On -Demand Services Support CSLLC will provide support or advisory Services for both planned and unplanned tasks, such as those representative activities listed in the table below, on behalf of the Client and covering the generally available Workday functionality license. Activity Functionality Scope/Support Activity Detail Workday Support and Troubleshooting Assistance with support activities may include, but is not limited to, troubleshooting issues, guidance and other day-to-day activities including assisting the team with support requests. New Functionality Review CSLLC reviews new features and functions not yet implemented. CSLLC assists with new functionality reviews, which may include, but are not limited to, support and guidance for making decisions regarding the implementation of new functionality, such as employee/manager self-service, benefits, performance and absence management. CSLLC can also provide sample testing scenarios, if available, or can help support Client in creating new sample test scenarios on an as - requested basis. Based on Client requirements, CSLLC may provide technical support Reporting and Integrations including integrations, custom reporting, and business form layouts via the Business Intelligence Reporting Tools (BIRT) framework. Integration assistance may include the configuration and supports the testing of Workday packaged integrations and the development of Client integrations. CSLLC is able to help improve the utilization of Client's Workday Workday Solution Optimization solution, as well as the Client's experience. Such optimization may i include, but is not limited to, updating business processes, revising organization structures, or modifying rules for security, business process, and organization for the full Workday platform. This agreement is proprietary and confidential to Collaborative Solutions, LLC. Packet Pg. 29 8.E.a The City of Kent and Collaborative Solutions, LLC Statement of Work 2.0 February 20, 2023 Activity Functionality Scope/Support Activity Detail Knowledge Transfer As agreed to by Client and CSLLC, CSLLC on -demand support may include knowledge transfer pertaining to the resolution of an issue and providing insight on how Client may troubleshoot similar issues in the future and advisory support including guidance on new feature sets, impact considerations, and solution guidance. Organizational Change & Training Post- CSLLC offers in -production Workday customers Services related to Production Services Organizational Change Management, Communications, and Training. If requested this can be a part of the Lean -On Service. 1.2 Enhanced Managed Services Managed Services are included for all CSLLC Continuous Value Services ("CVS") customers. Enhanced Managed Services will be provided to Client and is supported by a Workday certified Engagement Manager. Managed Services (All CVS customers) Enhanced Managed Services • Service delivery project management • Workday certified Engagement Manager • Access to full platform Squad consulting team • High touch personalized engagement mutually • Access and use of cloud -based ticketing system defined with Client • Proactive periodic Workday communications • Bi-weekly status meetings • Periodic "one -to -many" webinars • Quarterly initiative check -ins • Metric reporting • Semi-annual account reviews • Ticket and Escalation management • Collaboration on projects • Change Orders & New existing project scoping • Ongoing Leadership Oversight needs • Partnership for future initiatives and road - Monthly Status Call mapping • Bi-weekly Financial Reporting Support Process 2.1 Ticketing System Client's primary contacts will submit all service requests via CSLLC's ticketing system which will enable involvement by CSLLC support personnel for resolution. Requests will be managed depending upon the type as outlined below. 2.2 Issue Resolution Support for Existing Configuration: As issue requests are received, CSLLC will: a. Provide Tier Zero (0), Tier One (1) & Two (2) support, which will be provided by CSLLC's Global Delivery Center ("GDC") located in India and Manila, Philippines. Tier Three (3) and Tier Four (4) support will be provided either regionally in Europe, the Middle East and Africa (EMEA), North America, and Asia -Pacific (APAC) or by CSLLC's GDC located in India and Manila, Philippines on an as needed basis. Appendix A provides details on the tier support levels. This agreement is proprietary and confidential to Collaborative Solutions, LLC. Packet Pg. 30 The City of Kent and Collaborative Solutions, LLC Statement of Work February 20, 2023 8.E.a b. Acknowledge the request within twenty-four (24) hours of the Client's normal business hours. Definition of normal business hours will be mutually agreed upon between the Client and the CSLLC Engagement Manager ("CSLLC EM"). If Severity One (1) emergency assistance is needed, Client will log a case with Workday. Examples of emergency assistance include a system down issue or business critical function such as payroll not processing correctly. In non -emergency cases where urgent assistance is required, Client will submit a request via the ticketing system indicating the nature of the urgent request and contact the CSLLC EM. The CSLLC EM will work with Client to outline a plan of action to address the urgent issue in a timely manner. This may involve after hours support for Tier Three (3) or Tier Four (4) support, if mutually agreed upon between both parties. Support ticket requests initiated outside of standard hours of operation (i.e., Saturday and Sunday) will receive an initial response when the window of standard hours of operation becomes available. c. Request details on the configuration impacted, if not already provided. d. Within forty-eight (48) hours of standard issue requests, determine a plan of action to support resolution of the issue. e. Review configuration changes required with Client and request Client's approval to apply fix. f. If Client submits a request for assistance outside of the CSLLC ticketing system via any communication mechanism such as email, voice mail, text, or instant message, CSLLC is not subject to standard response times. 2.3 New Configuration Enhancement Requests: As new modification requests are received, CSLLC will: a. Receive the modification request in the ticketing system. b. Gather information on the requirements and systems involved. c. Estimate the Scope of effort. d. Request approval from Client, through ticketing system, to begin work via the ticket. • If level of effort is expected to exhaust available hours or is estimated to take more than forty (40) hours, a separate Change Order or SOW may be prepared. • The CSLLC EM will request resource(s) upon signature of the Change Order and can take up to ten (10) business days from date of signature. Schedule the work with Client as determined between Client's Project Manager and CSLLC's EM. Complete configuration and unit testing. Provide the change for user acceptance testing in Client's sandbox or implementation tenant. CSLLC can assist with providing testing guidance, if requested. 3.0 Services and Responsibilities This section identifies the Services to be performed by CSLLC and the Responsibilities of the Client. Stage CSLLC Services Client Responsibilities Support Services • Manage the work plan for support • Manage the Tenant Management Strategy requests as identified in Section 1.1 ® Inform CSLLC of changes to the Tenant • Update the Client roadmap for Management Strategy planned support needs This agreement is proprietary and confidential to Collaborative Solutions, LLC. Packet Pg. 31 February 20, 2023 8.E.a The City of Kent and Collaborative Solutions, LLC Statement of Work Stage CSLLC Services Client Responsibilities • Participate in project status meeting • Inform CSLLC of tenant refreshes two (2) in a time agreed upon by CSLLC EM weeks prior to scheduled date and Client • Provide input to the work plan • Conduct weekly workstream meetings . Provide input into the Client roadmap between CSLLC functional/technical ® Participate in weekly project and workstream consultants and Subject Matter meetings Experts ("SMEs"), on an as -needed basis Provide SMEs for support requests • Provide knowledge transfer Provide requirements for any support request documents, on an as -requested basis • Review and sign off on initial functional or • Prepare, reconcile, and provide technical design changes financial summaries to the Client • Define and document test plan and test • Support Client's Project Manager with scenarios (end -to -end, user acceptance, and issue resolution, and additional regression) resourcing requests for unplanned . Create/maintain defect tracking log needs • Execution of all test scenarios (end -to -end, • Provide engagement artifacts user acceptance and regression) • Providing guidance in developing high • Manage and sign off on all test results (end - level deployment plan(s), as to -end, user acceptance and regression) requested • Conduct sandbox and production migrations • Provide sign -off documents, as of configuration, unless requested in writing in required for support requests advance per Section 2.2 a Conduct change management • Sign off on any support request 4.0 Schedule Timeline CSLLC Services Estimated Start Date February 20, 2023 Estimated End Date February 29, 2024 5.0 Assumptions & Dependencies The Services, labor estimates, and Pricing presented in this SOW are dependent on the following assumptions being true: a. Client timely completes each item listed as a Client Responsibility in Section 3.0. b. The Client will provide applicable SMEs in Client's business processes, functional leads, and technical lead resources with whom to collaborate during the engagement. c. The Client will have the necessary project and executive management support to review and make timely decisions as well as coordinate the activities of this project with other Client projects which may be occurring simultaneously. d. Services will be provided during the normal business hours agreed upon between the Client and CSLLC EM and will be as closely aligned to the Client's time zone as possible. Off -hours support can be provided and pre -scheduled in advance. e. CSLLC resources will provide their own laptops. This agreement is proprietary and confidential to Collaborative Solutions, LLC. Packet Pg. 32 The City of Kent and Collaborative Solutions, LLC Statement of Work February 20, 2023 8.E.a f. Unless otherwise agreed by CSLLC's internal security organization, the Client shall use CSLLC's secure transfer site for the secure exchange of sensitive employee data with the CSLLC support personnel. Client will agree to limit use for data conversion or production support purposes only for the duration of the activities required. CSLLC will inactivate the secure transfer site within thirty (30) days after the support activities are completed. Client will not use CSLLC's site for the transmission of any integration files for third -party vendors. CSLLC is not responsible for back up, archiving, or maintenance of files stored on the secure transfer site. In the event CSLLC utilizes its internal "Daytona" tool for data conversion ("Daytona"), Daytona and all of its components must be installed on the CSLLC secure cloud server and utilized solely within CSLLC's secure transfer site. Further, Daytona IP addresses must be added to the tenant whitelist. Daytona uses its own implementer account that must be excluded from multi -factor authentication. g. If needed, CSLLC can provide Client access to its SharePoint site to maintain non -sensitive project artifact data for project or engagement support activities only. The CSLLC EM will provide access to assigned project team members employed by CSLLC. h. If a data migration requires iLoad support by CSLLC, Client agrees that a tenant lockout will be performed. i. Client will provide CSLLC consultants with implementer access in Production, Sandbox, and Implementation tenants in a timely manner. Any Client delays will impact issue resolution times as identified in Section 2.2. j. Client will be solely responsible for testing and any move -to -production activities, which shall include configuration, business processes, data, reports and integrations. Client will provide written acceptance of test results to CSLLC prior to any move -to -production. k. In the event CSLLC is required to assist Client with move -to -production activities, Client will provide written approval if CSLLC's assistance is required during Client's move -to -production activities. Upon completion of move -to -production activities, Client will verify production results and shall be solely responsible for production accuracy. Client shall provide written acceptance to CSLLC after such move -to -production activities have been completed. 6.0 Term and Termination This SOW shall commence on the Start Date identified above and shall continue through February 29, 2024 (the "Term"), unless terminated sooner by providing CSLLC ninety (90) days' prior written notice. Upon termination of this SOW, which shall be in accordance with the Agreement, Client shall pay to CSLLC all amounts due and payable hereunder. Any unused hours will be forfeited. 7.0 Pricing This agreement is proprietary and confidential to Collaborative Solutions, LLC. Packet Pg. 33 8.E.a The City of Kent and Collaborative Solutions, LLC Statement of Work February 20, 2023 Quarter 1 Quarter 2 Quarter 3 Quarter 4 Total Hourly Rate Estimated CSLLC Project Roles Service Hours Service Hours Service Hours Service Hours Hours for Service Fees (Feb. - May) (June - Aug.) (Sep. - Nov.) (Dec. - Feb.) Subscription CVS Consultant 50 50 50 50 200 $161.50 $32,300 Total Block of Hours so so so so 200 Consulting Services $8,075 $8,075 $8,075 $8,075 $32,300 Enhanced Managed $9,750 $9,750 $9,750 $9,750 $39,000 Services Invoice Amount $17,825 $17,82s $17,825 $17,825 $71,300 Upon SOW 15 days prior to 15 days prior to 15 days prior to Invoice Date Execution Quarter Start Quarter Start Quarter Start Estimated Expenses Grand Total 71 300 Lean -On Service Subscription a. The Enhanced Managed Services are applied in conjunction with the Consulting Services of this SOW. If additional Consulting Services are requested pursuant to the Change Order process, Enhanced Managed Services will also be included. b. Flexibility exists to use hours for resource needs not listed above in the pricing matrix. This includes requests for new resources or an increase in resource hours. c. Hours will roll over from quarter to quarter. Any unused hours at the end of the Term must be used within the first quarter of any mutually agreed upon renewal term. d. Any Services provided beyond the Scope of this SOW must be approved by Client pursuant to a Change Order. e. CSLLC will assign Client to a team support model comprised of CSLLC cross -functional and technical consultants with a built-in redundancy/backup. The team will support the areas outlined in this SOW. f. Billing will occur prior to the start of each period for the hours indicated for each service period. g. In the event Client exceeds the quarterly bucket of hours, CSLLC will promptly issue the following quarter's invoice upon the overage, which shall be due and payable in accordance with the Agreement. Client can use the hours associated with the following quarter once the invoice is issued. h. If Client exceeds the annual estimated fees associated in the pricing table set forth herein, CSLLC will prepare a Change Order. Any and all fees associated with Client's e-invoicing, portal, or payment solution will be the responsibility of Client without dispute. CSLLC will provide all necessary documents or invoices to confirm the fees, if such fees are incurred. Invoices will be emailed to the following addresses: kendicott@kentwa.gov; apinvoices@kentwa.gov Any other mailed correspondence will be delivered as follows: The City of Kent c/o Kari Endicott 220 Fourth Avenue South Kent, WA 98032 This agreement is proprietary and confidential to Collaborative Solutions, LLC. Packet Pg. 34 The City of Kent and Collaborative Solutions, LLC Statement of Work 8.E.a February 20, 2023 k. Client will provide to CSLLC the Purchase Order Number created in connection with this SOW promptly following signature by the parties. 8.0 Expenses It is expected Services will be provided primarily on a remote basis. If travel is required, all reasonable travel expenses incurred by CSLLC related to the performance of the Services defined herein, shall be invoiced to Client. All such travel will comply with CSLLC's Travel and Expense Policy, which shall be made available to the Client upon request. All fees or penalties incurred due to cancellations or changes of travel at Client's request shall be invoiced to Client. 9.0 Signatures IN WITNESS WHEREOF, the parties have duly executed this SOW by their respective authorized representatives as of the SOW Effective Date. Collaborative Solutions, LLC Susan Guerra (Feb 7, 2023 17:48 PST) Authorized Signature Susan Guerra Name Chief Client Officer Job Title Feb 7, 2023 Date This agreement is proprietary and confidential to Collaborative Solutions, LLC. The City of Kent Authorized Signature Name Job Title Date 8 Packet Pg. 35 The City of Kent and Collaborative Solutions, LLC Statement of Work 8.E.a February 20, 2023 Appendix A Tier Requests/Examples Tier Group Responsible Definition Examples Global Delivery Center (GDC) Ticket Monitoring Ticket Intake Monitoring U Ticket Triaging Global Delivery Center (GDC) How-To's How to Reassign a Task 1-2 How to Create a Settlement Run • How to Print Checks • Enterprise Interface Builder (EIB) Loads Transactions Create/update/inactivate project/cost center/worktag/etc. • Running Integrations • Integration issue investigation Global Squad Advanced Requests Change to Business Process (BP) configuration, alerts, routing, 3 roles • New configuration/Configuration changes Update of existing integration for additional use cases • Annual Event support Global Squad scope and/or Scoping forty or more (40+) hour Client requests 4 Financial Level of Effort requests Impact SOW requests,G • Demos F7 Note: The location of support using CSLLC's GDC or Global Squad will be determined by the level of complexity of the issue based upon the assessment of the CSLLC consultant in charge of triaging and servicing the ticket regardless of Tier level. This agreement is proprietary and confidential to Collaborative Solutions, LLC. 9 Packet Pg. 36 City of Kent _CVS EM Q-04604_February 20 Final Audit Report Created: 2023-02-07 S Prepay Renewal 23-24_ 2023 By: Cari Delgado (cdelgado@collaborativesolutions.com) Status: Signed Transaction ID: CBJCHBCAABAAGYuRYPt6MiGGysncJip1jvxZw8vBUGgN 2023-02-08 "City of Kent_CVS EMS Prepay Renewal 23-24_Q-04604_Febru ary 20 2023" History Document created by Cari Delgado (cdelgado@collaborativesolutions.com) 2023-02-07 - 3:26:30 PM GMT Document emailed to sguerra@collaborativesolutions.com for signature 2023-02-07 - 3:27:18 PM GMT Email viewed by sguerra@collaborativesolutions.com 2023-02-08 - 1:48:31 AM GMT ao Signer sguerra@collaborativesolutions.com entered name at signing as Susan Guerra 2023-02-08 - 1:48:42 AM GMT 656 Document e-signed by Susan Guerra (sguerra@collaborativesolutions.com) Signature Date: 2023-02-08 - 1:48:44 AM GMT - Time Source: server Agreement completed. 2023-02-08 - 1:48:44 AM GMT \� COLLABORATIVE I PO1Aobedby e Adobe SOLUTIONS Acrobat sign Packet Pg. 37 .40 KENT W..SMINGYO. Agreement Routing Form For Approvals, Signatures and Records Management This form combine&& replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherrycolored paper) Originator: Lynnette Smith Department: IT Date Sent: 11/22/19 Date Required: 12/06/19 R o Authorized Director or Designee Date of C, to Sign: Council 11/05/ 19 QMayor Approval. Budget Grant? Yes 71 No Account T20202.54190.1800 Number: Type: N/A Vendor Name: Collaborative Solutions, LLC a Cate 9 ry. Contract c Vendor 33649 Sub -Category o Number: R E Project Name: HCMA/Human Capital Management & Automation D c Project Details: One-time cost for implementation -Professional Services 40 0 N Agreement Amount: $1,87i,535 Basis for Selection of Direct Negotiation Contractor: a Start Dote: 11/21/ 19 Termination Date: 11/20/20 Notice required prior to ❑ yes No Contract Number: V 79 disclosure? Date Received by City Attorney: Comments: E CiJ C tV C n C RECEIVED 1.1 CI G cc d Ci of nt r SCE N T ce of 'G p} Date Routed to the Mayor's Office: in Date Routed to the City Clerk's Office: 41 l a Date Sent to Originator. Visit Doc uments.KentWA.goto obtain copies of all agreements is adccW22373_6_19 Packet Pg. 38 8.E.b IT DEPARTMENT Mike Carrington, Director Phone: 253-856-4607 Fax: 253-856-4700 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: October 22, 2019 TO: Committee of the Whole FROM: Mike Carrington, IT Director SUBJECT: HCMA/Human Capital Management & Automation — Authorize Software and Implementation Contracts MOTION: Recommend Council authorize the Mayor to sign all contracts and other documents necessary with Workday, Inc. and Collaborative Solutions, LLC for software subscription, maintenance and implementation services, for an initial three-year term and a total project cost not to exceed $2,150,000, and authorize all subsequent contract renewals within established budgets, subject to final contract terms and conditions acceptable to City Administration and the City Attorney. SUMMARY: The HCMA/Human Capital Management and Automation project's primary objective is to systemically resolve the City's human capital management and automation "pay" related business process issues focusing on fixing and improving HR, Finance, IT and Citywide Timekeeping workflows. Supporting this work will include the deployment of a new business system technology platform —Workday to be implemented by Collaborative Solutions, LLC—on or before EDY 2020, at a cost expected not too exceed $2,150,000. The key business driver associated with HCMA is to minimize and where possible eliminate sources of systemic process errors by implementing the necessary measures to continually improve end -to -end personnel, employee benefits, scheduling, timekeeping and payroll accuracy including responsive time entry, in -place and post -payroll processing. This is to be achieved by transforming the City's related business practices to documented exception management -based transactions. In support of these transactions, the entire HCM Human Capital Management business space will be complimented by an automated and comprehensive business system technology platform --Workday with Collaborative Solutions, LLC as the implementation vendor. The draft contracts provide for an initial term of three years, which will thereafter automatically renew on a yearly basis unless terminated in accordance with the agreements' terms. The cost for the initial three-year term of Workday's contract is $749,748, with $249,916 due upon contract signing. The one-time cost for implementation professional services with Collaborative Solutions is $1,809,874, which will be paid over the Q4-2019 through Q4-2020 deployment timeline as services are performed. EXHIBITS: 1. Workday, Inc. a. Subscription Order Form b. MSA/Master Subscription Agreement c. Workday Delivery Assurance SOW/Statement of Work d. universal Data Processing Exhibit e, Universal Security Exhibit f. Workday Training Order Form 2. Collaborative Solutions, LLC a, MSA/Master Services Agreement Packet Pg. 39 8.E.b b. SOW/Statement of Work C. Solutions Proposal 3. 3DE 9.1 and HCMA Diagrams BUDGET IMPACT: The overall budget is estimated to be $2,150,000. Major components of the budget include: • Software: $1,380,000, which includes both implementation professional services and first year subscription fees • Integration: $250,000 to build integrations between software systems • Staff Backfill: $320,00 to create 2 term -limited positions to backfill staff in Human Resources and Payroll ■ Contingency: $200,000 Funding is expected to come from the Capital Resources Fund. Approximately $1.2 million will be covered by the Q4 SST mitigation payment, with the remainder from fund balance in that fund. Our plan is to include the budget and FTEs on the Q2 supplemental budget adjustment for formal approval. STRATEGIC PLAN GOAL(S): Z IIInyvtttive Government - Delivering outsranding customer service, developing leuders, and fosfering innovation. Z Evolvin- Infrastructure - Connecting people and places through siraieglc investments inplovstculand technological infrasrn-uctare. Z Thri vine City - Creating sgje neighborhrxosly, hetilfhv people, vibrant commercial districts, and invitingpurks and recreation. & Sotai nable Services - Providing quality services through re.Np onsihie rnunciul nuinagemew. economic growth, and porinership. ❑ Lndyrdve Community - Embrad n our divMLv9j and ad i a nd Ftp a a u i t y t h ro kL2 h y enuine coinrnuniI I en a e mylmt. Packet Pg. 40 8.E.b �lbCOLLABORATIVE Master Services Agreement SOLUTIONS MASTER SERVICES AGREEMENT This MASTER SERVICES AGREEMENT ("Agreement"), made this 21" day of November 2019 is hereby entered into between Collaborative Solutions, LLC, located at 11190 Sunrise Valley Drive, Suite 110, Reston, VA 20191("CSLLC") and The City of Kent located at 220 Fourth Ave. S. Kent, WA 98032 (the "Customer") . Definitions: 1.1. "Deliverables" mean deliverables to be provided by CSLLC as part of the services under an applicable SOW. 1.2. "Intellectual Property Rights' means any and all intangible rights existing from time -to - time under the law of any jurisdiction, including patent law, copyright law, trade secret law, database rights law, unfair competition law, trademark law, or other similar laws or principles. 1.3. "Work Product" means all Deliverables, documents, designs, software, computer programs, computer systems, source code, object code, executable code, data, computer documentation and other work product and materials authored or prepared by CSLLC for the Customer in connection with the performance of the Services, whether completed or work in progress, and all Intellectual Property Rights in all of the foregoing excluding the Retained Intellectual Property. 1.4. "Force Maier ure„ shall mean events or circumstances not within CSLLC's possession or reasonable control which may include, but not be limited to, acts of God, acts of Government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving CSLLC employees), computer, or malicious acts including attacks on or through the internet, internet service provider telecommunications or hosting facility failures or delays involving hardware, software or power systems. 1.5. "Retained Intellectual Property" shall mean the Intellectual Property Rights in the methodologies, data, documentation, methods of analysis, ideas, concepts, know-how, models, software, tools, techniques, skills, knowledge and experience owned or possessed by CSLLC before the commencement of, or developed or acquired by CSLLC independently and apart from, the Services provided pursuant to this Agreement. 2. General Undertakin : The Parties are entering into this Agreement to establish a relationship whereby Customer may, from time to time, commission CSLLC to perform certain business consulting, technical consulting or other professional services for the Customer agreed to by both Parties ("Services"). 3. Professional Service Orders: Work performed by CSLLC under this Agreement shall be described in a Statement of Work ("SOW"), which in each instance shall be incorporated herein as an addendum to this Agreement at a time when signed by an authorized representative of CSLLC and the Customer. Each SOW shall describe the labor rate, location, terms of payment, services to be provided by CSLLC and duration of such services. Execution of a SOW shall be considered a commitment by Customer to authorize and pay for the services described therein according to the terms and subject to the conditions of the SOW and this Agreement. Rev. 03.19.2019 Packet Pg. 41 8.E.b eCOLLABORATIVE Master Services Agreement SOLUTIONS 4. Obligations of CSLLC. 4.1. CSLLC shall in the development, production and delivery of the Deliverables comply with any quality, software development and production control standards and procedures specified or referred to in the applicable SOW. 4.2. Without prejudice to CSLLC's other obligations and Customer's rights under this Agreement, CSLLC shall without delay notify Customer if CSLLC determines a material delay in delivery is imminent. 4.3. Each Party shall, in connection with its performance, receipt and use of services, as applicable, hereunder, comply with all applicable international, federal, state or local laws and regulations. S. Term: The Term of this Agreement ("Term"j shall commence an the date set forth above and shall continue in effect for a period of one (1) year. This Agreement shall automatically renew for additional one (1) year periods unless terminated by either party in accordance with Section 8 of this Agreement. Termination shall have no effect on the Customer's obligation to pay for services rendered by CSLLC prior to the termination or expiration of the Agreement. 6. Invoices, Payments, Certain Costs & Taxes: All services rendered under this Agreement shall be invoiced monthly on a time and materials basis based on the hourly rates set forth in the SOW, unless a SOW specifically provides for milestone payments. In such event, however, Customer's obligation to pay CSLLC for work performed under that milestone is conditioned upon the Customer's acceptance of CSLLC's work as complete and conforming to this Agreement and the applicable SOW, by way of mutual consent and sign -off of the milestone's Deliverables as set forth in the SOW, as applicable . All invoices shall be paid within thirty (30) days from date of invoice. Any late payment of 60 days or more may be subject to costs of collection (including reasonable legal fees) and shall bear interest at the rate of one (1) percent per month or fraction thereof until paid. CSLLC may withhold Services if payments are not made within thirty (30) days after the due date of an invoice, except for any disputes that are being resolved by mutual agreement of the parties. Customer may withhold payment of current open invoice and advancement to the next Stage (as applicable) in the event of substantial and uncured deficiencies that prevent progression to the next stage, as set forth in the applicable SOW document.. Any and all fees associated with Customei's e-invoicing, portal, or payment solution will be the responsibility of Customer, without dispute. CSLLC will provide all necessary documents or invoices to confirm the fees, if such fees are incurred. Unless otherwise provided in a SOW, prices quoted do not include, and Customer shall reimburse CSLLC for reasonable business expenses incurred by CSLLC in connection with its performance of the SOW, including, without limitation, the cost of travel (air and cab fare, lodging, meal expenses, auto rental) and out of pocket costs for overnight courier; PROVIDED, that the same shall have first been approved in writing by Customer before being incurred by CSLLC. 7. Non -solicitation., During the Term and for a period of one (1) year thereafter, Customer agrees not to actively solicit the services or business of any CSLLC partner, employee, subcontractor (or employee / second tier subcontractor thereof) with whom it has directly interfaced during the course of providing Services covered by this Agreement, without the prior written consent of CSLLC. Rev. 03.19.2019 Packet Pg. 42 8.E.b eCOLLABORATIVE SOLUTIONS Master Services Agreement 8. Termination: The Customer may terminate this Agreement at any time, for any reason or no reason at all, with ninety (90) days advance written notice to CSLLC. Either party may terminate this Agreement far cause in the event that the other party is in material default of this Agreement and has not cured such failure or commenced corrective action to cure such failure such is reasonably acceptable to the other party in the reasonable exercise of its discretion, within thirty (30) days after receipt of notice outlining in detail such material default. 9. Insurance: CSLLC agrees to provide and maintain in effect at all times during the Term of this Agreement, at CSLLC's sole expense, at a minimum, the following insurance coverage: (i) comprehensive general liability insurance with a combined limit of Two Million Dollars ($2,000,000) in aggregate with limit of One Million Dollars ($1,000,000) per for occurrence for personal injury, and property damage liability inclusive of all premises and operations, and broad form property damage, and endorsed to include coverage for products and completed operations contractual liability and independent contractors. CSLLC shall maintain professional errors and omissions insurance coverage (which shall include cyber liability coverage) with a minimum of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate. The foregoing insurance shall be written on an occurrence basis. 10. Confidential Information: Except as expressly permitted hereunder, each Party shall hold in confidence and not use or disclose any materials or information disclosed by the other Party during the term of this Agreement that are marked "confidential" or "proprietary," orthat contain personal data of Customer's employees and personnel ("Personal Data"), or other materials or information that by their very nature are clearly and reasonably regarded as the confidential information of such Party ("Confidential Information"). Each Party shall treat the other Party's Confidential Information with at least the same degree of care it uses to prevent unauthorized disclosure or use of its own Confidential Information, but in no event less than a reasonable degree of care. Confidential Information will not include any materials or information that the recipient can prove (i) is now, or later becomes, through no act or failure to act on the part of the receiving Party, generally known or available to the public; (i i) is known by the receiving Party at the time of disclosure as evidenced by its records; (iii) is furnished to the receiving Party by a third party, as a matter of right and without restriction on disclosure; (iv) is independently developed by the receiving Party without any breach of this Agreement; or (v) is the subject of a written permission to disclose provided by the disclosing Party. The Parties are permitted to disclose Confidential Information in response to an enforceable order by a court or other governmental body, a subpoena daces tecum, as otherwise required by law, or as necessary to establish the rights of either Party under this Agreement; provided, however, that the Party disclosing such Confidential Information shall use its best efforts to provide reasonably prompt prior written notice to the other Party of its intended disclosure of the Confidential Information (except as prohibited by applicable law) to enable the other Party to seek a protective order or otherwise prevent such disclosure. 10.1. Non -Disclosure. Unless otherwise directed by Customer, CSLLC agrees that it will not at any time, either during or after the term of this Agreement, (i) use Confidential Information for its own orfor a third party's purpose; (ii) disclose or permit to be disclosed to any person any Confidential Information; or (iii) permit any person to examine and/or make copies of any reports or any documents that contain or relate to such Confidential Information. Upon termination of this Agreement, CSLLC will deliver to Customer all documents, papers and other matter in CSLLC's possession or under CSLLC's control that contain or relate to such Confidential Information. CSLLC further agrees that CSLLC shall Rev. 03.19.2019 3 Packet Pg. 43 8.E.b eCOLLABORATIVE SOLUTIONS Master Services Agreement not disclose any information to Customer on a confidential basis or incorporate in a Deliverable any information that is considered confidential by CSLLC or a third party without such information being identified and marked as confidential and approved in writing by Customer prior to such disclosure or incorporation. 10.2. The obligation of non -disclosure shall not apply to information which (i) was in the possession of CSLLC prior to disclosure hereunder; or (ii) was in the public domain at the time of disclosure or later became part of the public domain without breach of the confidentiality obligations herein contained; or (iii) was disclosed by a third party without breach of any obligation of confidentiality owed to Customer; or (iv) was independently developed by the CSLLC. The exceptions listed above in clauses (i) through (iv) above do not apply to Personal Data. 11. Proprietary Rights: All Work Product delivered to Customer by CSLLC under the applicable SOW (whether or not the SOW is completed), are the property of Customer and all title and interest therein shall vest in Customer and shall be deemed to be, to the fullest extent permitted by law, a work made for hire and made in the course of the services rendered hereunder. Customer shall have the unlimited right to make, have made, use, import, sell, offer to sell, reconstruct, repair, modify, reproduce, publish, distribute, exhibit, perform or display publicly and prepare derivative works of the Work Product, in whole or in part, or combine the Work Product with other matter, or not use the Work Product at all, as it sees fit. To the extent that title to any such works may not, by operation of law, vest in Customer or such works may not be considered works made -for - hire, all rights, title and interest therein are hereby irrevocably assigned to Customer by CSLLC. To the extent any Work Product incorporates or is delivered with any Retained intellectual Property, CSLLC hereby grants Customer a non-exclusive, non -transferable, royalty -free right to use such Retained Intellectual Property solely for purposes of utilizing the Work Product, and such right will be perpetual to the extent Customer is not in breach of this Agreement or otherwise challenging CSLLC's rights in the Retained Intellectual Property. 12. Disputes, Choice of Law: This Agreement shall be governed by and construed in accordance with the substantive laws of Washington State without regard to principles of conflicts of laws. 13. Warranty CSLLC warrants that services contracted will be provided in a professional and workmanlike manner. Customer must notify CSLLC of any warranty deficiencies within 30 days from the later of: (i) completion of performance of the Services described in the SOW document or change order; or (ii) Customer's applicable project's "go live" date. For any breach of the warranty, Customer's exclusive remedy, and CSLLC's entire liability, shall be the re -performance of the deficient services in a timely manner, and if CSLLC cannot correct a breach or a performance failure in a commercially reasonable manner, Customer may terminate the relevant services and CSLLC will refund the fees paid by Customer for the specific deficient services in question and any reasonable costs incurred by the Customer in remedying the deficiency. 14. Limitation of Liability: EXCLUDING INDEMNIFIED CLAIMS UNDER SECTION 16, CSLLC'S LIABILITY UNDER THIS AGREEMENT SHALL NOT IN THE AGGREGATE EXCEED THREE TIMES THE TOTAL CONTRACT PRICE PAID OR TO BE PAID UNDER THIS AGREEMENT, PROVIDED, HOWEVER, SUCH LIMITATION SHALL NOT APPLY TO CSLLC'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WITH THE EXCEPTION OF A PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT SHALL EITHER PARTY BE LIABLE, WHETHER IN CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS, PROFITS OR Rev. 03.19.2019 Packet Pg. 44 8.E.b COLLABORATIVE SOLUTIONS Master services Agreement BUSINESS INTERRUPTIONS) ARISING OUT OF OR PERTAINING TO THE SUBJECT MATTER OF THIS AGREEMENT, EVEN IF A PARTY HAS BEEN ADVISE OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS IN THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EVEN IF AN EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 15. Disclaimer: WITH THE EXCEPTION OF WARRANTIES AND REPRESENTATIONS HEREIN, CSLLC DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON - INFRINGEMENT, DATA ACCURACY, SYSTEM INTEGRATION, OR QUIET ENJOYMENT. NEITHER PARTY SHALL BE LIABLE FOR LOSSES OR DAMAGES RESULTING FROM OR DUE TO SITUATIONS RESULTING FROM FORCE MAJEURE. 16. Indemnity; CSLLC shall indemnify, defend and hold harmless the Customer, and its and their respective directors, officers and employees (the "Customer Indemnified Parties") from and against any and all damages (including taxes), losses, and all related costs and expenses, including reasonable legal fees and disbursements, and costs of investigation, litigation, settlement, judgment, appeal, interest, fines and penalties (collectively, "Damages") related to: its negligent performance of this Agreement that results in personal injury or tangible personal property damages, or to a third party in connection with a claim of such third party (the foregoing, collectively, "Claims" and each a "Claim") to the extent arising out of or relating to an allegation that the Services or Work Product provided by CSLLC infringes or misappropriates such third party's copyrights or trade secrets. CSLLC's obligations under this Section are conditioned upon: (i) Customer providing reasonably prompt notice of any Claim to CSLLC; (ii) CSLLC having full control over the defense or settlement of such Claim with counsel of its choice; and (iii) Customer's reasonable cooperation with CSLLC, at CSLLC's cost and expense, in connection with the settlement and defense of such Claim. Notwithstanding anything to the contrary contained in this Agreement, CSLLC shall have no liability or obligation underthis Section or otherwise under this Agreement to the extent a Claim is rased upon or arises from (a) use of the Services or any deliverable in combination with software, hardware or other technology not provided by CSLLC, (b) any acts, omissions, products or services of Workday, Inc. or any other third party supplier or contractor of Customer, (c) any specifications, data, materials or other information provided by Customer to CSLLC, or (d) the negligence or willful misconduct of Customer. 17. Order of Precedence: The terms and conditions of the body of this Agreement shall control over terms and conditions in an SOW. Notwithstanding the foregoing, when a SOW expressly references a term or condition of the body of this Agreement and expressly states the intent of the Parties to override such term or condition, the applicable term or condition of such SOW shall control for purposes of that particular SOW. 18. Assignment: Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign this Agreement in its entirety (including all SOWs), without consent of the other party, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party, but in such an event, the non -assigning party shall have the right to terminate this Agreement upon the giving of thirty (30) days advance written notice to the assigning parry. Any attempt by a party to assign its rights and obligations underthis Rev. 03.19.2019 5 Packet Pg. 45 8.E.b COLLABORATIVE SOLUTIONS Master Services Agreement Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. 19. Entire Aigreement: This Agreement constitutes the entire agreement between the Parties with respect to their subject matter and shall not be modified or rescinded except by a writing signed by the Customer and CSLLC. The SOWS are incorporated herein by this reference. The provisions of this Agreement supersede all contemporaneous oral agreements and all prior oral and written quotations, communications, agreements, understandings of the Parties, and written or oral representations of either Party with respect to the subject matter of this Agreement, and any letter of intent or memorandum of understanding executed by the Parties with respect to the Services. This Agreement shall govern the rights and obligations of the Parties beginning on the Services Start Date. 20. Relationship of the Parties: The parties are independent contractors. This Agreement does not create nor is it intended to create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. 21. MarketindCustomer Reference: Customer agrees to be a reference account for CSLLC. CSLLC may use Customer's name and logo on CSLLC's website and in its customer lists, marketing collateral and material, case studies, and investor information. CSLLC may issue a press release regarding this Agreement or the scope of Services performed for Customer. 22. [notices: Whenever under this Agreement or any SOW notice is required or permitted to be given, such notice shall be in writing and effective upon receipt. All notices shall be hand delivered, sent by a reputable commercial overnight courier, or mailed by registered or certified United States mail, return receipt requested, postage prepaid, and addressed to the addressee at its address set forth below. Such notice shall be effective and deemed received for purposes of this Section 22 three (3) days from the date sent by registered or certified mail, and one (1) day from the date sent by hand, facsimile or overnight courier to the addresses set forth below. A Party may change its address, fax number or email address information for notice by giving prior written notice of the new address in conformity with the foregoing and the date upon which such new address will become effective. To Customer: To CSLLC: The City of Kent Robert Maller, President and CCO information Technology 220 Fourth Ave S. Collaborative Solutions, LLC Kent, WA 98032 11190 Sunrise Valley Drive, Suite 110 Reston, VA 20191 IN WITNESS WHEREOF, for adequate consideration and intending to be legally bound, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives. Collaborative Solutions, LLC. The City of Kent Rev. 03.191019 Packet Pg. 46 8.E.b A COLLABORATIVE SOLUTIONS Signature Robert Maller Print Name Nov 21, 2019 Date Signature 1 Print Name "Izsl��, Date Master Services Agreement Rev. 03.19.2019 Packet Pg. 47 8.E.b y 0 a 0 Cl 0 0 a d 0 00 0 a C� 0 o 0 C7 0 a 0 Q a o a 0 0 0 a 0 a a 0 0 a 0 0 0 a d 0 L) o d o N N a ui 0 6 LO, 0' Ci o 0 ui ui Co CA Co rD r7 DO W N 0 d 0 0 0 0 0 a u7 0 0 o a o a 0 ID d N SD CD a 0 0 o a a a 0 I� d Co 1- V r CD CN r CD C] 4? 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U E C Q] YO U 06 7 C] o of 0 m a H¢ J❑Cr C 2 [r U m H❑ 1-. [} >1 �CD wow 4 ❑ aY ❑ Z z N V4- L CO M 0 I 0 Q7 U❑ O Co U a] U O CR [V Q 0 � E ❑ = CQ 07 T E o.vo W U) u7 CD f- pp m� r r tM- r r(o r Co CD N CCO V N N N N N Packet Pg. 48 1 8.E.b a v o-, N �p N Q- co Cr m F n Cn :. Q 0 0 n CD ro 3 m a m C o D CD N o N o 0 111 C tD 3 IV � O f0 0 O w O 7 1 1 Co Co v � Cn Cn W W Cr O U% CD 6 1 CD O Q Q Packet Pg. 49 8.E.b COLLABORATIVE e SOLUTIONS Statement of Work Workday Deployment Services for • ENT :.r,.�._:rt. Packet Pg. 50 8.E.b STATEMENT OF WORK FOR WORKDAY DEPLOYMENT SERVICES This Statement of Work ("SOW') is made on this 2151 day of November 2019 (the "SOW Effective Efate'} by and between City of Kent ("Customer), having its principal place of business at 220 Fourth Avenue South, Kent, WA 98032 and Collaborative Solutions, LLC, a limited liability company ("CSLLC'% having its principal place of business at 11190 Sunrise Valley Drive, Suite 110, Reston, VA 20191 for Services scheduled to begin an January 6, 2020 ["Start Hate" j and expected to end on October 23, 2020, This SOW, together with the Agreement, sets out the terms pursuant to which CSLLC will provide certain Services, as further described below. This SOW is being entered into in connection with and subject to the terms and conditions contained in the Master Services Agreement between CSLLC and Customer dated as of November 21, 2019 (the "Agreement"). All capitalized terms used herein that are not otherwise defined shall have the same meaning as ascribed to such terms in the Agreement. 1.0 Scope of Work The Scope of Work set out below describes the limits of the implementation in terms of organization, functionality, data conversion, integrations, reports, change management and training which will be a part of the project. 1.1. Organization Scope 1.1.1. Person Population: Nine hundred thi -four 934 Active Employees Contingent Workers Process Only,none to load Retirees Sixty-three 63 Americas United States of America 1.1.2. Language: English. All communication, documentation, data and deliverables will be in English. 1.1.3. Currency: United Stated Dollars 1.1.4. Security: Single sign -on and activation of Workday Factory delivered security groups. 1.2. Functionality Scope The following Functional Areas will be configured within the Workday application. This project is being deployed using CSLLC's Cynergy"I methodology, HCM: Core United States of America Cam ensation: Core United States of America Benefits United States of America it cruitin United States of America Learning Management United States of America Performance Management United States of America Packet Pg. 51 8.E.b Absence Management United States of America Time Tracking United States of America Payroll United States of America Mobile Solutions United States of America Employee Self -Service United States of America Manager Self -Service United States of America Configuration of the Functional Areas above will be limited to the functionality Scope contained in Appendix D of this SOW. 1.3. Data Conversion Scope Five (5) data load cycles are included in the Scope of Work of this SOW. Data from Customer's copy of current production systems will be converted into Workday during each of the conversion cycles without data scrambling or masking. Data scrambling or masking is not included in the Scope of Work of this SOW, with the exception of email addresses for all person types which will be masked until the Gold/pre- production build. The data load cycles for this SOW include: • Foundation tenant ■ Configuration tenant • End -to -End tenant • Parallel tenant ■ Gold/pre-production tenant The data validation reports will be provided as a starting point for data conversion files. Minor modifications will be necessary for Customer specific requirements of additional data points, however any additional changes to the delivered reports will require a change order. 1.4. Interfaces/ Integrations Scope The integrations listed in the Appendix B are included in the Scope of the project. Below is a summary of the integration counts. Integrations Owner Cloud Enterprise Interface Workday Other Connect Builder (EIB)/ Studio (CC) Document (Studio) Transformation Service ors CS LC Nine 9 Two 2 Five 5 One 1 Customer Zero Six 5 Zero 0 Zero 0 1.5. Report Scope All Workday delivered standard reports associated with the Scope listed in Section 1.2 are included in the Scope of Work of the project. If CSLLC has included a set number of hours of assistance for additional custom reporting support and training as part of CSLLC's estimate, it will be identified in the pricing section of this SOW. Any specific custom reports listed in Appendix B are included in the Scope of the project. 2.0 Services and Responsibilities Packet Pg. 52 8.E.b This section identifies the Services to be performed by CSLLC and the Customer. Stage Plan Architect Services Assemble the CSLLC project team Deliver discovery templates (deployment discovery questionnaire, integration discovery) Create integrations discovery list Create the integration tracker (dashboard) Conduct functional and technical project planning sessions Create the project charter Create the project plan Provide the data gathering workbook for the foundation tenant Provide the sample data conversion and validation strategy template Provide design document templates Jointly schedule architect workshops (SMEs planning for design) Create the executive presentation for project kickoff meeting Participate and support the project kickoff meeting Provide test strategy sample template Work with Customer to set up the Secure File Transfer Protocol (SFTP) site for sharing confidential/private employee data Build foundation tenant/Copy production tenant to configuration tenant Provide exception reports/issues log from tenant build Deliver Cynergy'm tenant validation reports and support validation efforts of foundation tenant Provide stage sign -off document Manage the project plan Conduct architect workshops (design sessions) Develop the CSLLC assigned integration design documents Provide the data gathering workbooks for the configuration tenant Deliver the initial functional design documentation for sign -off Schedule recurring project meetings and status reporting Identify and provide project team and project Subject Matter Experts (SME) Participate in functional and technical planning sessions Provide input into the project charter Provide input into the project plan Approve and sign —off on charter and project plan Provide interface requirements and existing sample files Notify third -party vendors for integrations and obtain consensus on project timelines Provide third -party contact information and confirm third -party providers agree to project timeline Provide the completed discovery templates Identify initial risks and recommendations to reduce risk Jointly schedule architect workshops (SMEs planning for design) Begin inventory of what is available for the communication, training, and champion activities Complete Workday training including integration and functional training Lead project kick off meeting Provide plan and policy documents Work with CSLLC to set up SFTP site for sharing confidential/private employee data Provide implementation tenant for exclusive use in this project Provide person data for build of foundation tenant and submit to SFTP Review and resolve issues from exception reports Validation of foundation tenant build si n-orr on sra e Provide input to the project plan Hold steering committee meetings Provide project SMEs for architect workshops Participate in architect workshops Assist in clarifying configuration requirements Setup SFTP site by Customer for integrations Conduct integrations architect workshop for Customer assigned integrations Develop Customer assigned integration design documents Packet Pg. 53 8.E.b N N V 7 CSLLC Service Customer Responsibilities m 7-Participate in weekly project meetings and Participate in weekly project and workstreamng committee meetings meetings ° uct weekly Project Management Office ■ Review and sign -off of functional and integration a (PMO) status meetings design documents J ■ Conduct weekly workstream meetings ■ Develop data conversion strategy and plan ■ Assist with questions regarding mapping of ■ Update data gathering workbooks for Y data to Workday data model configuration tenant 0 ■ Build configuration tenant ■ Develop extract scripts and provide validated L ■ Provide exception reports/issues log from extract data from legacy system(s) into one set ,0 tenant build of data into the CSLLC prescribed data ■ Deliver Cynergy"I tenant validation reports conversion templates for load to the Workday and support validation efforts of platform for the configuration tenant configuration tenant ■ Provide person data for configuration tenant and ■ Finalize tenant management plan submit to SFTP a ■ Provide stage sign -off document ■ Validation of configuration tenant build ■ Review and resolve issues from exception J reports ■ Review existing reports and confirming which r Workday report will meet these needs and identifying any necessary custom reports as part in of the architect stage ■ Define and document test plan and test scenarios (end -to -end, user acceptance and `o regression) ■ Sign -off on stage c Configure ■ Manage the project plan, participate in ■ Provide input to the project plan and participate v and weekly project meetings and steering in weekly project meetings o Prototype committee meetings ■ Participate in weekly workstream meetings M ■ Conduct weekly workstream meetings ■ Develop Customer -assigned integrations ■ Complete configuration in the configuration ■ Conduct unit testing of integrations developed m tenant by Customer ■ Conduct unit test for configuration tenant ■ Create integration operations guides for all • Begin functional knowledge transfer Customer assigned integrations w process during configuration tenant unit • Participate in functional knowledge transfer testing during configuration tenant unit testing L ■ Jointly conduct Customer Confirmation ■ Jointly conduct Customer Confirmation Sessions o Sessions ■ Finalize test scenarios, test scenario L) ■ Develop CSLLC assigned integrations assignments and detailed daily test plan ■ Conduct unit testing of integrations ■ Complete custom reports requirements 0 developed by CSLLC ■ Sign -off on functional design documents after ■ Create Integrations operations instructions Customer Confirmation Sessions r° guides for CSLLC-assigned integrations ■ Develop extract scripts and provide validated ■ Contribute to updated functional design extract data from legacy system(s) into one set documents of data into the CSLLC prescribed data o ■ Provide unit test scenarios from architect conversion templates for load to the Workday workshops and advise on Customer platform for the end -to -end tenant o defined test scenarios ■ Provide person data for end -to -end tenant and c) ■ Provide a sample defect tracking log submit to SFM ■ Design and develop reports as defined by • Update data gathering workbooks for end-to- Sco a in Appendix B end tenant U r r Q Packet Pg. 54 8.E.b N N V Stage CSLLC Services Customer Responsibilities • Deliver final CSLLC-maintained design • Validation of end -to -end tenant build workbooks to Customer at the end of the ■ Review and resolve issues from exception q stage reports o ■ Assist with questions regarding mapping of • Sign -off on stage _J data to Workday data model c� • Build of end -to -end tenant Y ■ Provide exception reports/issues log from 0 end -to -end tenant build • Deliver CynergyTM tenant validation reports ,o and support validation efforts of end -to - end tenant ■ Provide stage sign -off document Test ■ Manage the project plan and participate in ■ Provide input to the project plan and participate weekly project meetings in weekly project meetings a ■ Participate in test kickoff session • Create/maintain defect tracking log J ■ Conduct one -hour navigation review per ■ Lead test kickoff session _J workstream, at start of test cycle ■ Train and prepare testers for testing • Create integrations schedule recurrence • Execution of performance testing if required by G r tracker Workday ■ Support integration defect resolution For • Facilitate daily end -to -end or parallel meeting C° CSLLC assigned integrations • Coordinate on all tasks around latest Workday ■ Provide functioning CSLLC assigned update interfaces per the test plan ■ Execution of all test scenarios (end -to -end, user o ■ Participate in one (1) thirty (30) minute acceptance and regression) and provide test daily end -to -end or parallel test status management (e.g. testing coordination, c meeting, limited to one (1) CSLLC compiling scenarios, reporting metrics, etc.) v functional workstream consultant and one ■ Perform issue resolution of end -to -end with c (1) CSLLC integration consultant if CSLLC oversight M applicable, for workstreams where there is ■ Provide functioning Customer assigned an open issue. interfaces per the test plan CO ■ Conduct up to five (5) one (1) hour • Participate in daily end -to -end status meetings knowledge transfer meetings, per ■ Customer SME to participate in knowledge workstream transfer meetings w • Assist with questions regarding mapping of ■ Prepare for user acceptance testing data to Workday data model • Develop subset or supplemental scenarios for L ■ Build of parallel tenant additional testing during Test stage ■ Provide exception reports/issues log from • Update system configuration as required 0 parallel tenant build • Update design documentation (as required by ■ Deliver CynergyTTM tenant validation reports internal Audit team) o and support validation efforts of parallel ■ Manage and sign -off on all test results (end -to - tenant end, user acceptance and regression) o ■ Provide sample deployment cutover plan ■ Complete test of extraction and load process for • Provide Workday Go -Live checklist catch-up data transaction entry • Provide knowledge transfer workbook for ■ Develop extract scripts and provide validated L sign -off extract data from legacy system(s) into one (1) ■ Provide stage sign -off document set of data into the CSLLC prescribed data — conversion templates for load to the Workday v platform for the parallel tenant ■ Provide person data for parallel tenant and a) submit to SFTP U r r Q Packet Pg. 55 8.E.b Stage CSLLC Services Deploy Manage the project plan and participate in weekly project meetings Provide the Workday Go -live authorization Schedule and conduct final Workday Delivery Assurance reviews Update integration schedule recurrences tracker Assist with questions regarding mapping of data to Workday data model Build of gold/pre-production tenant Provide exception reports/issues log from gold/pre-production tenant build Deliver Cynergy'm tenant validation reports and support validation efforts of gold/pre- production tenant Support sandbox and production migrations by Customer Deliver CynergyTM tenant validation reports and support validation efforts of sandbox tenant Verify migration of CSLLC assigned integrations Schedule integrations according to the integrations schedule recurrence tracker Schedule the transition to production support meeting with Customer (held after move -to -production) Jointly complete the Workday go -live announcement Provide stage sign -off document Customer Responsibilities Update data gathering workbooks for parallel tenant Validation of parallel tenant build Review and resolve issues from exception reports Complete catch-up data transaction entry for parallel Execution of parallel per Customer -defined parallel test management strategy and success criteria Develop deployment cutover plan Complete and sign the Workday go -live checklist Complete and sign -off on the knowledge transfer workbook Sign -off on stage Provide input to the project plan and participate in weekly project meetings Manage and execute on deploy cutover plan Develop extract scripts and provide validated extract data from legacy system(s) into one set of data into the CSLLC prescribed data conversion templates for load to the Workday platform for the gold/pre-production tenant Provide person data for gold/pre-production tenant and submit to SFTP Update data gathering workbooks for gold/pre- production tenant Validation of gold/pre-production tenant build Review and resolve issues from exception reports Complete catch-up data transaction entry Conduct sandbox and production migrations of configuration Verify migration of Customer assigned integrations Jointly complete the Workday go -live announcement Approve and sign -off on the Workday go -live authorization Create and distribute the Workday go -live announcement Solicit feedback from champions, stakeholders, and sponsors and determine additional activities, as appropriate Continue delivering end user training and education Begin evaluating end user adoption and define follow-up and actions Continue delivering communications Sign -off on stage Packet Pg. 56 8.E.b Stage Post • Production Support M Organizational Change Management End User Training & Education — Phase One [1 CSLLC Services Provide standby support after the move -to - production as defined by the number of weeks in the timeline outlined in Section 3.3 Conduct knowledge transfer sessions for CSLLC developed integrations Provide stage siqn-off document a< CSLLC Services • Develop the organizational change management strategy and timeline, and incorporate it into the overall Workday project timeline • Provide stakeholder and readiness assessment templates • Support stakeholder identification and analysis activities • Advise on project branding and provide real -world examples ■ Conduct OC&T discovery session and architect workshop to assess and identify change management, communication and training needs and approaches • Provide template and support the development of a Change Impact Analysis and Summary through the Architect stage • Develop preliminary communications plan • Advise on the development of communications ■ Advise on the design of a change champion network • Support execution of change champion network activities & events ■ Advise on user experience testing strategies and planning • Recommend end user adoption measurement activities • Advise on post -launch OC&T sustainment activities to ensure continued success of program • Develop end user training strategy as part of overall organizational change strategy Customer Responsibilities Staff and manage help desk Make any updates to production Sign -off on stage Customer Responsibilities • Provide organizational change counterpart(s) to regularly interface with CSLLC's OC&T team • Provide input and approval of all facets of the organizational change management strategy and timeline • Identify stakeholders, sponsors, and change champions • Conduct stakeholder identification and readiness assessments • Establish and execute project branding • Participate in OC&T discovery session and architect workshop, including providing required discovery information to plan content for these meetings • Provide resource(s) to attend and engage in functional architect workshops to capture change impacts • Co -lead development of the Change Impact Analysis and executive readout summary, assuming full ownership after Architect stage • Manage and implement Change Champion Network, including leading all check -ins with change champions and developing communications for champions to distribute • Lead preparation for, and execution of, User Experience Testing sessions including logistics and identifying internal support resources • Lead development and delivery of all end user communications • Measure and report on end user adoption • Provide end user training counterpart to regularly interface with CSLLC's OC&T team • Provide input on the end user training Packet Pg. 57 8.E.b CSLLC Services • Develop preliminary Training Needs Assessment & Curriculum Plan • Provide training samples and prototypes ■ Provide guidance on when to leverage Workday Adoption Kit, if purchased, versus when to build customized training ■ Advise on best practices for in -system communications • Advise on train -the -trainer strategy, which will be executed by Customer • Recommend evaluation methods • Recommend additional reinforcement activities to increase adoption 3.0 Project Approach 3.1. Methodology Customer Responsibilities ■ Review and approve the Training Needs Assessment & Curriculum Plan, including validating with internal SMEs and stakeholders ■ Maintain Training Needs Assessment & Curriculum Plan starting in the Test Stage • Lead development of training materials as defined in the training curriculum plan • Coordinate training delivery and deployment to end user populations • Define train -the -trainer strategy including trainer identification and preparation approach • Lead train -the -trainer sessions for any internal trainers to prepare them to lead end user training sessions. • Lead all training delivery as defined in the training curriculum plan, including web - based training and in -person, instructor -led sessions ■ Register training participants and track training completion • Assess training effectiveness ■ Coordinate training remediation The implementation will be completed by following CSLLC's CynergyT"' methodology which consists of the following stages: Plan, Architect, Configure and Prototype, Test, and Deploy. The specific tasks and durations to complete these tasks will be detailed in the Project- Plan, Project Charter and Project Schedule which are to be developed jointly by the CSLLC Engagement Manager (CSLLC EM) and the Customer Project Manager. 3.2. Governance Project Management In the Plan stage of the project, the CSLLC EM will work with the Customer Project Manager to develop a detailed Project Plan to be used to maintain project tasks and timelines. A Project Charter will be created to guide the team in maintaining Scope and project objectives. The Project Charter will also define the path of issue escalation. Finalization of the Scope, as determined during the Plan and Architect stages, may require the project team to revise the estimates and resource requirements for the Configure and Prototype and Test stages of the project. Change Control Process Packet Pg. 58 8.E.b Any additional or modified Scope of Services shall be documented in a separate written and fully executed Project Change Order Form using the template set forth in Appendix C. Such form shall include the written approval of an authorized representative of Customer before CSLLC will begin any additional work or incur any charges or fees outside the Scope of Work of this SOW. Customer and CSLLC agree to the following change control process when a Change Request is issued: ■ Step 1: CSLLC will prepare a description of the necessary change including Scope, process, cost, impact to timeline, impact to resources along with a list of alternative solutions. ■ Step 2: The Customer Project Manager will review and approve or reject within his or her authority or escalate to the Executive Sponsor for review and approval or rejection. ■ Step 3: Customer will review and approve or deny additional information for all Change Requests within three (3) business days so as not to cause any unnecessary delay in the project timeline. • Step 4: Any approved change request will be documented and become an addendum to this SOW. Status Reporting During the Plan Stage of the project, the CSLLC EM will coordinate with the Customer Project Manager to establish a set of regularly scheduled meetings to present project status and risks. These will include, but are not limited to, a monthly Steering Committee meeting, a weekly Project Core Team Status meeting, weekly workstream meetings, a weekly Project Management meeting, and additional meetings, as needed. The CSLLC EM will report out at the Steering Committee and Team Status meetings on the status, activities, issues and other relevant project information. The monthly Steering Committee meeting will include a review of the project timeline and status, accomplishments to date, upcoming project activities and milestones, review of issues and risks requiring action from the Steering Committee members, potential changes to Scope and a review of the financials of the project. The Steering Committee will include a readout by the CSLLC EM on the state of the project; participation may be in person or remote. A weekly Status Meeting will be held with the core team and the Customer Project Manager to assess recent accomplishments, issues, risk factors and to ensure that the work planned for the next two (2) weeks is properly resourced. Risk factors and roadblocks will be assessed and either resolved or escalated. In addition to these meetings, meetings with functional teams will be scheduled to review and resolve any open issues. All meeting agendas, status reports, steering committee presentations, issues log, project plan and the project charter will be stored an the Project Collaboration Site as referenced in Section 4.0 Assumptions. Knowledge Transfer Over the course of the project, CSLLC will conduct functional and technical knowledge transfer through Architect Workshops, Customer Confirmation Sessions, weekly workstream meetings and during the Test stage. Additional knowledge transfer will occur during the Post Production stage as needed. To formalize knowledge transfer, CSLLC will complete and require sign -off by the Customer of the Knowledge Transfer workbook. CSLLC and Customer will utilize the Knowledge Transfer workbook to track progress and topics during each stage. if Customer requires additional knowledge transfer, this may result in a change order. Process documentation (e.g. operational guides and process flow diagrams) is not in Scope for knowledge transfer, with the exception of the Integrations Operations Guide for CSLLC owned integrations. Packet Pg. 59 8.E.b 3.3. Schedule The time required to complete the project is based on the contents of the Scope of Work section of this document. Unless otherwise mutually agreed upon, Services under this SOW are expected to commence tern (10) business days from the date of execution by the Customer and CSLLC. The estimated duration and estimated start dates of each Project Stage is listed below, pending execution of this SOW and availability of Customer resources and training. The Customer Payroll schedule may require an adjustment on the estimated start date for the Deploy and Post Production stages. If the Customer Payroll schedule requires an adjustment, the number of weeks defined in the timeline below will determine the new stage start and end dates for the Deploy and Post Production stages. Customer resources will attend Workday fundamentals training for the functional areas in Scope prior to the start of the Architect stage and Customer resources which are assigned to design/build integrations (as indicated in the integrations Scope) will complete the required Workday training (report writing, calculated fields, and integration -related classes) prior to the start of the Architect stage. If training is not attended, this could result in a significant impact to the time and cost of the project. The project will be completed in one (1) phase - as presented below. The timeline for the project is as follows: Plan Architect Configure & Prototype Test Go Live Post Go - Parallel Deploy Live 4 7 7 8 8 4 4 Estimated Start Date 6-Jan-20 3-Feb-20 23-Mar-20 11-May-20 6-Jul-20 31-Aug-20 28-Sep-20 Estimated End Date 31-Jan-20 20-Mar-20 8-May-20 3-Jul-20 I 28-Aug-20 25-Sep-20 23-Oct-20 Note: ■ Integrations will be developed based on a timeline dependent on the batches defined in the integrations planning sessions and third -party vendor availability. ■ Functional Architect hours are assumed to be heavier in the Architect and Configure & Prototype stages and will reduce to high level oversight following Customer Confirmation Sessions. 3.4. Resources The following resources and hours are planned for the Project. CSLLC Estimated Level of Effort CSLLC's level of effort estimated by phase and stage is as follows: Packet Pg. 60 8.E.b CSUC Go Live Configure & PHASE 1 DEPLOYMENT Architect Prototype Test Parallel Deploy _ Post Go -Live T Weeks _Plan 4 16 7 28 1 �n 8 24 8 16 _ 4 8 4 42. Portfolio Director 4 124 functional Architect 32 56 56 64 0 0 0 208 Engagement Manager 160 224 210 229 224 80 64 1190 HCM 32 126 190 176 64 64 40 692 Recruiting 32 126 192 192 48 64 41 695 Compensation 24 56 98 80 35 24 16 333 Benefits 32 84 120 118 48 32 24 458 Payroll 40 196 232 208 216 80 64 1036 Time Tracking 24 56 98 96 44 24 16 358 Absence Management 24 64 112 112 48 32 16 409 Talent Management 16 28 44 48 32 16 16 200 Learning 32 70 107 112 48 32 24 425 Data Conversion 48 106 106 124 126 48 32 590 Reporting 4 14 21 24 8 5 4 80 integrations 128 280 285 320 320 112 80 1525 Configure & Plan Architect Prototype Test Parallel Deploy Post Godlve Weeks 4 7 7 8 8 4 4 42 Change Architect 8 28 28 16 .1 8 T2 106 OC&T Lead 40 224 224 64 64 32 8 656 Customer Estimated Level of Effort Customer resource estimates are provided as "hest estimates." These estimates are provided to assist Customer with resource planning. The Customer level of effort estimated by phase and stage is as follows: Customer F Go Live Configure & - PHASE 1 DEPLOYMENT 1 Plan Architect Prototype Teat Parallel Deploy Post Go�-Live Totall Weeks 4 7 7 1 8 8 _ 4 4----_- 42 Engagement Manager 240 336 315 342 336 120 96 1785 HCM 48 189 285 264 96 96 60 1038 Recruiting 48 189 288 289 72 96 62 1043 Compensation 36 84 147 120 53 36 24 500 Benefits 48 126 180 177 72 48 36 687 Payroll 60 294 348 312 324 120 96 1554 Time Tracking 36 84 147 144 66 36 24 537 Absence Management 36 96 168 168 72 48 24 612 Talent Management 24 42 66 72 48 24 24 300 Learning 48 105 161 168 72 48 36 638 Data Conversion 72 159 159 186 189 72 48 885 Reporting 6 21 32 36 12 8 6 121 Integrations 12 100 140 40 40 40 28 400 Packet Pg. 61 8.E.b Customer Go Uve _f:Cortfiaure 'IPlan Arthltect Prom Test 7Para7tlellDeploy Post Go-Uve Weeks 4 7 7 8 8 4 4 l 42 Change Management 60 336 336 96 96 48 i 1 ] 984 For a definition of Customer roles and responsibilities assigned to the project, see Appendix A. Resource estimates in the table shown above are for the core project team and are representative estimates based on the experience of other CSLLC clients with projects of a similar Scope. Please note, a single role in the table above may be fulfilled by multiple resources (example: two (2) resources sharing the Payroll work) or conversely, multiple roles may also be fulfilled by a single resource (example: one (1) resource responsible for both Time Tracking and Absence Management). Beyond the hours shown in the table above for the core team, participation will be needed from various other SMEs as required. Examples include but are not limited to, extended team input into to architect workshop decisions, other internal departments (e.g. finance) identifying test scenarios, additional resources assisting with testing execution (e.g. user acceptance testing), and legal/internal audit providing oversight/input regarding controls. All hours for the Reporting role are not shown in the table. The estimate reflects a bucket of hours scoping approach. Custom reporting requirements will be defined during the project. It is assumed Customer is responsible for custom reporting beyond what is specified as CSLLC responsibility in Appendix B. 4.0 Assumptions The Services, Labor Estimates, and Project Pricing presented in this SOW are based on the following assumptions: i. Customer will: a. Have the necessary project and executive management support to review and make timely decisions as well as coordinate the activities of this project with other Customer projects which may be occurring simultaneously. This includes gathering any necessary approvals from governing bodies, such as a Works Council, needed to proceed with the project. b. Have the necessary resources available in each stage, according to how they are identified in the staffing and project plans. Resources will be empowered and capable of making decisions on behalf of the Customer. Resources will include, but are not be limited to, functional and technical leads, and applicable business process and SMEs. If resource and/or priority conflicts occur, they will be discussed and resolved with the project Steering Committee. c. Provide the necessary hardware for the deployment, including all required technology needs and connectivity including a desk, internet connection, and network access to all relevant Customer applications. The CSLLC consultants will have access to office space as well as the hardware and software including security rights and passwords where required in order to complete the deployment. d. CSLLC resources will provide their own laptops. If Customer -owned laptops or virtual machines are required to be used, this may result in a Change Order. e. Be responsible for workstation compliance to Workday's minimum requirements. Customer has determined their technical needs will be met and internal systems and policies, as well as third - party vendors, are compatible with Workday. Any technical issues which may arise during implementation are to be resolved by Customer. f. Lead the coordination with any Customer's third -party vendor involvement required to complete the Services. Customer understands that some of their third -party vendors may charge fees for the completion of Services and such fees are the sole responsibility of Customer. Packet Pg. 62 8.E.b g. Use CSLLC provided central repository solution for non -sensitive project document sharing and SFTP site for the secure exchange of sensitive Customer employee data with the CSLLC project team. h. Be responsible for any job catalog and/or compensation restructuring efforts, with initial draft of restructure completed by the start of the Architect phase and completed by the start of the Configure & Prototype phase. If support is needed from the CSLLC project team and/or these milestones are not met, this may result in a Change Order and potentially impact timeline. i. Seek to minimize the amount of plan and/or Customer changes during the course of the project, with any changes finalized by the end of the Architect phase. If this milestone is not met, this may result in a Change Order and potentially impact timeline. j. Perform all of the Customer responsibilities in the stages identified, and per the project plan including but not limited to sign -off at the completion of each stage, provision of data files, provision of test scenarios, execution of test scenarios and integration testing. k. Be solely responsible for testing and any move -to -production activities, when production is live, which shall include configuration, business processes, data, reports and integrations. Customer will provide written acceptance of test results to CSLLC prior to any move -to -production. Customer will provide written approval if it requires CSLLC's assistance during Customer's move - to -production activities. If CSLLC agrees in writing to access Customer's production tenant for move -to -production activities, Customer shall verify production results and is solely responsible for production accuracy. Customer shall provide written acceptance to CSLLC after such move -to - production activities. I. Adhere to the outlined meeting schedules defined in the Section 2.0 Services and Responsibilities table; any variation could result in impact to cost and timeline. m. Coordinate participation from key stakeholders & project team to attend a single CSLLC led architect workshop and Customer confirmation session per functional area. If additional workshops or sessions are needed, the Customer Project Manager will work with the CSLLC EM to determine impact to project hours and timeline. n. Use CSLLC tools and templates. If the Customer requires CSLLC to utilize Customer specific/owned tools and templates, the Customer Project Manager will work with the CSLLC EM to determine impact to project hours. Integration assumptions: a. Integration estimates will be reviewed at the completion of the Architect stage as well as during the Configure stage of the project. Adjustments may be required after further analysis and any possible changes to Scope. If a configured integrations template does not satisfy Customer's unique requirements, a custom integration will be a viable solution and can be built at an additional cost. b. Customer integration functional owners are available for integration discovery and design sessions throughout the Plan & Architect phase. c. Customer SFTP server is accessible to send and receive files from the Workday production servers. d. Customer design meetings do not exceed ten percent (10%) of the overall estimated integration effort. e. CSLLC Integration team assistance in Customer built integrations will not exceed ten percent (10%) of the estimated Customer integration effort. f. Inbound integrations are scoped using Workday standard fields. If Workday custom objects are needed to store data, the integration effort will need to be revised. g. Workday required performance testing is not in Scope. h. Integrations (both CSLLC and Customer -owned) may be separated into batches depending on priority, critical and project timeline impacts; timelines could be adjusted due to delays in requirements or Customer accessibility. Batches will have varying timelines to accommodate prioritization and architect workshop schedules to reduce rework. iiL Authentication assumptions: Packet Pg. 63 8.E.b a. CSLLC will advise Customer of the Workday options for a single sign -on solution and will perform the applicable authentication setup within the Workday tenant. b. Customer is responsible for all implementation work outside of the Workday tenant (e.g. Security Assertation Markup Language (SAML) setup, identity server). Customer will provide the appropriate resource commitments and skill sets depending on the single sign -on option selected during design. iv. Testing assumptions: a. Customer will provide a Test Lead unless otherwise stated in Section 3.4 who is responsible for overseeing test scenario creation and consolidating scenarios to be used for End -to -End, user acceptance testing, Parallel and Regression testing, managing testers, and reporting out testing metrics. b. Customer and CSLLC will implement a change control process to review and approve proposed enhancements coming out of testing to identify the priority and potential impact to timeline, resources and level of effort prior to changes being made. c. Customer will finalize and sign -off on end -to -end testing prior to entering parallel testing. Exceptions must be agreed upon by CSLLC if additional end -to -end testing is required prior to entering parallel. d. If testing is not complete within the time specified in the timeline, a change order is required. e. Customer will coordinate participation from project testers to be co -located together at a snared site. If additional support locations are needed for testing, the Customer Project Manager will work with the CSLLC EM to determine impact to project hours and timeline. f. When a Workday Update occurs, the only additional changes which will be included in the project are those which are automatically required by Workday. Any additional functionality is out -of - Scope. 5.0 Pricing CSLLC will invoice and Customer shall compensate CSLLC on a Time and Materials Basis based on the hourly rates set forth in the table below for Services rendered. Invoices will be paid subject to the terms and conditions of the Agreement. Total estimated cost of the engagement is listed in the table below, CSLLC will invoice for all actual hours worked. Packet Pg. 64 8.E.b Portfolio Director S 280 124 $ 34,720 Functional Architect 5 240 208 $ 49,920 Engagement Manager 5 240 1190 5 285,600 HCM 5 185 469 $ 86,765 Recruiting $ 185 608 $ 112,480 Compensation 5 185 284 5 52,540 Benefits 5 185 401 S 74,185 Payroll $ 185 1036 $ 191,660 Time Tracking $ 185 358 5 66,230 Absence Management 5 185 408 5 75,480 Talent Management 5 185 174 $ 32,190 learning $ 185 425 $ 78,625 Data Conversion S 195 499 $ 92,315 Reporting 5 185 80 $ 14,800 Integrations 5 185 925 S 171,125 HCM Analyst 5 120 223 $ 26,760 Recruiting Analyst $ 120 87 $ 10,440 Compensation Analyst 5 120 49 5 5,880 Benefits Anal st 5 120 57 $ 6,840 Talent Mana ement Analyst 5 120 26 5 3,120 Data Conversion Analyst $ 120 91 5 10,920 Technical Analyst S 1201 600 5 72,000 Total 8,322 $ 1,554,595 Expenses $ 155,460 Total Estimate $ 1,710,055 Change Architect 240 ID61 $ 25,440 OC&T Lead 5 185 656 $ 121,360 Total 1 762 1 S 146,800 Total Estimate ii. Workday Delivery Assurance and Workday specific training services and fees will be covered under a separate agreement between Customer and Workday. iii. CSLLC shall invoice Customer for Services performed and expenses on a monthly basis incurred each month. iv. Invoices will be emailed to the following address: mcarrington@kentwa.gov. V. Any other mailed correspondence will be delivered as follows below: City of Kent c/o Mike Carrington 220 Fourth Ave South Kent, WA 98032 vi. Any and all fees associated with Customer's e-invoicing, portal, or payment solution will be the responsibility of Customer, without dispute. CSLLC will provide all necessary documents or invoices to confirm the fees, if such fees are incurred. vii. PO number will be generated after contract signing. 6.0 Expenses Packet Pg. 65 8.E.b Customer will reimburse CSLLC for its reasonable out-of-pocket travel expenses incurred in connection with the provision of the Services in accordance with CSLLC's Travel and Expense Policy, which shall be made available to the Customer upon request. This will include CSLLC management personnel for purposes of project oversight. Specific travel recommendations wilt be planned and discussed between the CSLLC EM and the Customer Project Manager. Such agreed to travel recommendations shall not require additional Customer pre -approval. All fees or penalties incurred due to cancellations or changes of travel at Customer's request shall be invoiced to Customer. The Expense Estimate provided in Section 5.0 is a budgetary estimate only. 7.0 Signatures IN WITNESS WHEREOF, the parties have duly executed this SOW by their respective authorized representatives as of the SOW Effective Date. Collaborative Solutions, LLC City of Kent Authorized Signature Authorized Signatur Robert Mailer l Name Name President Title Title Nov 21, 2019 ll I Date 4 Date Packet Pg. 66 8.E.b Appendix A - Detail Customer Roles Customer personnel are experts on Customer business/technologies and as such will have responsibility for providing project management, non -Workday functional, technical, and culture expertise to the project. Customer project team members and crass -functionality representation are currently identified as follows. Note that project teams' roles could be specific to implementation needs: r I w y f '- im Steering The Steering Committee provides funding and support to the project. Responsibilities Committee, include: Senior Design • Obtaining appropriate funding and approvals Reviewers, Key 41 Ensuring all appropriate resources are available for the project Stakeholders, Executive • Resolving issues which are impeding the progress of the project Sponsor • Providing overall direction to the Customer Project Manager Project Manager • Sign -off on key deliverables/project milestones • Assuring project delivery and quality control • Attending Steering Committee Meetings The Customer Project Manager is a dedicated resource focused specifically on the Workday implementation. While we understand there are many other activities linked to the implementation, this resource needs to be dedicated full-time to the project. Responsibilities include the following: Establishing and managing the project details, deliverables, schedules, tasks, assignments, and execution Coordinating business teams and support teams • Driving the implementation of the optimized processes • Managing the resolution of issues Anticipating and resolving issues which could impact the project budget, schedule, Scope, or quality Functional Team The Functional Team are those familiar with Customer business processes and systems. [Global Process These individuals provide information to the CSLLC Functional Consultant(s) to Owners, Process configure the Workday solution. Responsibilities include: Leads, and + Communicate functional requirements which need to be configured in Workday SMEs/Business Describe current business processes and work with team to simplify and Analysts) improve • Work with CSLLC Consultants to help map and load data into Workday ■ Actively participate in all testing activities Pre -validate extracted data files prior to providing it to CSLLC, then validate data after it has been converted into Workday solution • Contribute to identifying and executing test scenarios for functional areas Perform end user training • Participate in knowledge transfer Packet Pg. 67 8.E.b DescriptionTeam Member Technical Team Technical resources perform the following: (Integration Support the conversion and loading of data contained in existing systems Lead, Integration Design and develop custom integrations as outlined within the Scope section Engineers/ above Developers, and Data Conversion Develop custom reports Specialist) • Manage Customer communications • Participate in knowledge transfer • Actively participate in testing activities Note: Resource experience, data quality and the amount of transformation required could impact the actual resources needed to support the data conversion efforts. internal Auditor The Internal Auditor works with the Project Team to ensure proper procedures are followed and proper documentation is created for the implementation of Workday. This person is responsible for providing compliance -related guidance and expertise to the Project Team. Test Lead The Customer Test lead develops and manages the overall Customer Test Strategy and Plan. Responsibilities include: • Establish an approach to testing. Define resource requirements for testing. • Establish the test schedule. • Conduct overall execution of the Customer prescribed End -to -End (including Integrations), user acceptance testing, and Parallel test process for either Workday Payroll from start to end of the test period • Facilitate testing coordination and progress meetings. • Successfully managing defect resolutions • Resolve test issues via coordination of Customer and CSLLC teams as required to complete testing for successful completion of Workday test • Define the overall test strategy • Define test approach, roles and responsibilities, • Define test tools and scenarios by tester and success criteria for each test stage. • Define and report test metrics to the project team and project executives. Organizational The Organizational Change Lead is focused on planning and executing the change Change Lead management and communications activities. He or she is the primary counterpart to the CSLLC Organizational Change Lead (if there is one assigned) and is responsible for providing primary insight into the Customer's culture, operations, and competing projects or interests. The Organizational Change Lead is the primary liaison between the project team and other internal resources needed to execute and deploy the various change management and communications activities. He or she is responsible for reviewing and approving all change management and communications -related deliverables. Packet Pg. 68 8.E.b Team Member Description Training Lead The Training Lead is focused on planning and executing the end user training activities. He or she is the primary counterpart to the CSLLC Training Lead (if there is one assigned) and is responsible for providing primary insight into the Customer's training resources and preferences, as well as competing projects or interests related to end user training. The Training Lead is the primary liaison between the project team and other internal resources needed to plan, execute, and deploy the various training activities for the deployment. He or she is responsible for reviewing and approving all training -related deliverables. The Customer may choose to assign the Organizational Change Lead and Training Lead roles and responsibilities to a single actual resource. Training, Depending on the specific strategies and plans the Customer establishes as part of its Communications, ❑C&T program, additional resources will be needed at various times throughout the & Change project lifecycle to support and execute the communications, change management, and Management training plans. These roles often include: Support Training Developers responsible for developing and revising the end user Resources training collateral as defined in the Training Curriculum Plan • Communications Leads/Developers responsible for developing, revising, and deploying the end user communications collateral as defined in the Communications Plan • Trainers and Super Users responsible for gaining advanced familiarity with the new systems and user support tools, and in turn planning and delivering pre - go -live and ongoing training to end user audiences • Change Champions responsible for generating awareness and support around future changes within their designated areas of influence Workday Roles If Workday is contracted by the Customer, Workday, under a separate contract, will provide Delivery Assurance services. Workday core responsibilities include: DescriptionTeam Member Delivery Comprised of Workday Implementation Specialists, the Delivery Assurance Group Assurance Group works with Customer toward the implementation of the Workday solution. The Delivery Assurance Group conducts a series of quality assurance reviews at major project milestones, where the group reviews project documentation, product configuration, and business processes. The Delivery Assurance Group is responsible for the development and enhancement of the Workday implementation methodology and works closely with product strategy and development in helping steer product direction. Note: Delivery Assurance will be a separate agreement to be contracted directly with Workday. Packet Pg. 69 8.E.b Appendix B — Integrations and Custom Reports Integrations The fallowing integrations are in Scope. Please refer to the column labeled "Owner" to identify if the integration is Customer assigned or CSLLC assigned. INT001 SSO Security •ol Setup Owner ph•s• Total H_ ow rs CSLLC 1 30 INTDO2 Active Directory Inbound Azure HCM EIB/DT5 Customer 1 80 INT003 Active Directory Outbound Azure HCM Studio CSLLC 1 60 INTO04 ACH Outbound US Bank Payroll CC CSLLC 1 40 INT005 GL Outbound )DE Payroll EIB/DTS CSLLC 1 10D INT006 Wellness Vitality Benefits CC CSLLC 1 40 INT007 E-Verify e-Verify HCM CC CSLLC 1 20 INTD08 FSA/Commuter Contributions Outbound Navia Benefits CC CSLLC 1 40 INT009 COBRA Contributions Initial Rights File Outbound Navia Benefits CC CSLLC 1 50 INT010 COBRA Contributions Qualifying Event Outbound Navia Benefits CC CSLLC 1 50 INT011 HSA Contributions Outbound Optum Benefits CC CSLLC 1 40 INT012 HSA Enrollments Outbound Optum Benefits CC CSLLC 1 40 INT013 Medical Demographic Outbound Kaiser Benefits CC CSLLC 1 40 INT014 Medical Demographic Outbound Premera Benefits CC CSLLC 1 40 INT015 Dental Demographic Outbound Delta Dental Benefits CC CSLLC 1 40 INT016 Vision Demographic Outbound VSP Benefits CC CSLLC 1 40 INT017 LifeNoluntary/LTD Outbound Cigna Benefits CC CSLLC 1 40 INT018 Retirements Satin s Outbound g WA Dept of Retirement Savings Benefits EIB/D75 CSLLC 1 100 INT019 Deferred Compensationt-oand Inbound ICMA Benefits Studio CSLLC 1 100 INT020 Deferred Compensation Demographics Outbound ICMA Benefits EIB/DTS Customer 1 110 INT021 Deferred Compensation Contributions Outbound ICMA Benefits EIB/DTS CSLLC 1 80 INT022 Telestaff Outbound - Demographic info Telestaff HCM EIB/DT5 CSLLC 1 100 INT023 Telestaff inbound - Time Schedules Telestaff Time Trackin Studio CSLLC 1 100 INTD24 Background Checks Outbound Sterling Recruiting Setup CSLLC 1 30 INT025 Job Scraping NeoGov Recruiting EIB/DT5 CSLLC 1 30 INT026 Workers Comp Outbound Origaml Payroll EIB/0T5 CSLLC 1 IDO INT027 Unify HR - Demographic Outbound Unify HA Benefits EIBIDTS Customer 1 90 INT028 Unify HR - Dependent Outbound Unify Hip Benefits EIB/DTS Customer 1 120 INTOOO Integrations Lead CSLLC 1 175 * Until such a point as the City chooses the path for Learning (outside vendor for housing content or internal loadingy, no integrations to third party vendors for Learning have been included. Integration Type Key: • EIB/DTS = Enterprise Interface Builder/Document Transformation Service ■ CC = Cloud Connect • Studio = Workday Studio • Other = Web Services or Integration system user setup Packet Pg. 70 8.E.b The interfaces/integrations required for this project include: • Cloud Connect ("CC") - Cloud Connect provides Workday customers with the same level of support as they would receive in the core Workday application. Such Workday integrations are (i) part of the Workday hosted application Service and (ii) provided with ongoing support by Workday in accordance with Workday's then -current Support and Service Availability Policy. While Workday integrations are designed and developed as part of the subscription license, CSLLC anticipates some amount of time dedicated to configure and test the integrations during the implementation. • Custom Integrations - Custom integrations are developed by CSLLC or Customer using Workday's tools such as Report Writer, EIB, ITS or Studio. Reports Up to eighty (80) hours are included in the estimate for any custom reporting needs. Any hours identified for custom reporting support is inclusive of design discussions, requirements gathering and knowledge transfer. Packet Pg. 71 8.E.b Appendix C - Sample Change Order Form Customer/SOW/Project Nam Change Order #: Project Manager (Customer): Project Sponsor (Customer): Engagement Manager [CSLLC Acceptance Due Date: Change Type: Impact Assessed by:T A COLLABORATIVE SOLUTIONS $Y IoWERE❑ Order XYZ Customer/ SOW # / Project Name COl Project Manager Name, XYZ Customer Project Sponsor Name, Title Project Manager Name The date by which the Customer will need this approved in order to avoid negative timeline impact. Type of change. For example: Integration di3nge, request for additional functionality. List those assessing the impact. Normally the CSLLC EM, CSLLC Consultant. Request Description Describe the change and why it is needed. For example: C51.LC will design and build an addrbonal integration to Aebra. Business Reason for Change Describe the reason for change. For example: Customer offers COBRA coverage for any employees eligible fora COBRA Qualifying Event, this was not included in the original SOW estimate. If the change is not approved COBRA Coverage will not be able to be provided. Impact Assessment Project Activities Affected Deliverables Affected: Project Schedule Impact: Esti mated HTort and Costs. Describe the additional work which needs to be done. For example: Create one (1) addibonal integration or three (3) new performance templates need to be configured, etc. Describe deliverables affected, for example: One (1) additional interface file to be delivered to Ae&w will be produced. Describe schedule impact, if any. For example: Architect stage will be extended by one (1) week to complete all integrations. The following is the change in effort and cost estimate: Role Rate Hours Cost Executive Strategy Architect $ Senior Functional Architect(Consulting Director $ Engagement Director Portfolio Director $ Strategy Manager $ $ Engagement Manager Functional Architect(Consulting Mana er Change Architect Senior Principal Consultant Princi 1 Consultant Consultant fi Project Coordinator Analyst $ Total Expenses: $ Packet Pg. 72 8.E.b Assum tioDens scribe any new Assumptions different from the SOW. For example: CsWlner will provide Nhe requirements for the new integrabon by 1014119. Authorization XYZ Company Authorization Signature Name o� ^&.'Too ate S lutions, LLC Authorization Signature Name Date Packet Pg. 73 8.E.b Appendix D — Detailed Functionality Overall assumptions apply to all functions in Scope: o Business Processes: Up to two (2) rule -based business processes per process with no more than twenty (20) steps per business process. Unused steps within a process will not apply to alternate business processes. o Notifications: Up to five (5) notifications per business process. Unused notifications within a process will not apply to alternate business processes. • Security: Workday delivered security groups will be used unless otherwise called out in the Scope below. Inactivated or unused security groups and Implementers will remain on domain security policy definitions to allow for ease of implementing other functionality in the future. Inactivated or unused security groups will be removed from the business process security policy definitions to match design requirements identified. o Custom Objects: up to five (5) custom objects with no more than five (5) custom fields per object. If custom lists are required, up to ten (10) items per list. Guided Tours: Guided Tours are assumed out -of -Scope unless OC&T is in Scope and identified in the Scope of Work. a Dashboards: Workday delivered dashboards for the functional Scope below will be configured with Workday delivered reports unless custom reports are included in Scope in Appendix B. c Translations: translations conversion is not in Scope. Customer is responsible for providing translated values. o Alerts: Task and Business Process Alerts are not in Scope. General report -based alerts are defined within the Scope in Appendix B. Function HCM: Core Scope Organization structure per organization type (supervisory, Y Two (2) company cost center, region, custom & location hierarch Physical locations where workers perform job functions Y lob Profiles for information which will be associated with a Y worker: job code, job description, job family, and pay rate not including skills and experience) Staffing Model used to manage headcount (by identifying Y One (1) individual positions to be filled or positions only limited by restrictions as defined by Customer Management Hierarch Y One 1 Worker Profile for detailed worker information tracking, Y including regulatory information, addresses, and contact information Skills and experience: configure talent Attributes such as Y education information, certifications, professional affiliations, and Ian ua es International Assignment types N Em to ee contracts types, statuses and reasons N Custom security roles Y Up to five (5) (up to one (1) intersection securigroup) lob requisitions N Onboarding Landing Page Y Dne 1 Packet Pg. 74 8.E.b - Onboarding Documents In Scope Coun Y Up to five 5 Onboarding Announcements Y U to five 5 Campaign Worklets Y U to ane 1 Onboarding templates Y Up to one 1 I-9 functionality, security and process United Statesa Y Multiple Jobs N Retiree functionality Y Matrix organizations N Unions and Collective agreements Y Up to four 4 Committees N Compensation: Core Compensation plans: Salary, hourly, unit, merit, bonus, allowance stock commission calculated future payment Y Up to ten (10) One-time payment plans Y Up to three 3 Plan profiles per compensation plan where available based on functionali Y Up to five (5) Compensation packages Y Up to two 2 Compensation grades Y Up to one hundred ten (110) with up to fifty (50) eligibility rules covering grades, steps, compensation plans, profiles and packages Compensation grade profiles Y Five (5) profiles per grade Compensation steps Y Up to two hundred fifty 250 Compensation basis Y Currencies: Provide support and guidance on Workday currency conversion template N Workday delivered total rewards statement tem sate Y Up to one 1 Severance Packages N Benchmark jobs & market -based pay: includes loading of benchmarks to job profiles and setting percentiles for com arson N Benefits Benefitplans: Group benefit plans into benefit plan years Y Up to twenty 20 Benefit providers Y _Up to eleven 11 Benefit groups: Based on eligibility criteria Y Up to five 5 Enrollment events Y Up to ten 10 Enrollment rules Y Up to three 3 Passive events Y Included in Enrollment events Define Evidence of Insurability (EOI) requirements and manage workers undergoing EOI review Y Define validations to the benefit options available to employees durinq open enrollment Y Benefit rates per plan Y N a� a� Cn c 0 m J U J J vi c 0 r 0 0 a� ca L 0 0 0 U r L c 0 U c 0 r 0 0 Cn m M 0 c� 0 U c m E M U a r r Q Packet Pg. 75 8.E.b Function Sco scope Benefit credits Y Up to one 1 De ndents and beneficiaries tracking Y Dependent verification functionality N Affordable Care Act (ACA) functionality, event types, rules, and load history to support.ACA requirements Y Workday delivered COBRA functionality; tracking eligibility for a third-pathird-paq COBRA administrator Y Configure tenant for the open enrollment cycle. Plan & provider counts must adhere to the defined number of plans & providers above Y Retiree benefits Y Union benefits Y Benefit Jobs N Medicare functionality N Performance Management Review types between Performance Reviews, Performance Improvement plans, Disciplinary Actions, & development Plans Y Up to four (4) Review templates across the types identified above Y Up to five 5 Rating scales: • Overall rating scale(s) • Goal rating scale(s) • Goal completion scales Y Y Y Up to one (1) Up to one (1) Up to one 1 Feedback templates and processes as needed to support the performance review process N Organizational and personal goals configuration N Performance Calibration N Recruiting Custom security roles N Workday internal career site Y External career sites Y Up to two 2 Offer letter template(s) Y Up to three (3) (up to eight (8) conditional text blocks per letter Document templates Y Three (3) (up to eight (8) conditional text blocks per template) Job posting templates Y Up to two 2 Screening questions Y Up to twenty-five 25 _Questionnaires Y Up to three 3 Job requisitions setup Y Ever reen Requisitions y Confidential Requisitions Y Configure the Workday delivered professional profile to support the Customer Y Background check packages and statuses Y U to three 3 Referral proQrams Y U to one 1) N N V d Cn c 0 0 m J U J J vi c 0 0 a� Y ca `0 0 0 U L c 0 U c 0 0 U) m M 0 c� 0 U c m E U 0 r r Q Packet Pg. 76 8.E.b In Coun Scope - A envies Y U to one 1. Candidate self -scheduling configuration and setup and Y integration with Microsoft Outlook 365 for interview management E-signature setup N Learning Lessons Y Up to five hundred Management 500 Custom security roles Y Up to one (1) (up to one (1) intersection security group) Learning Instructors Y Up to twenty 20 Course or Segmented Topics Y Up to three 3 Learning Campaigns Y Up to twelve (12) (up to five (5) cam ion items Programs Y Up to ten (10) (up to five (5) courses r program) Course Templates Y Up to five hundred (500) (up to five (5) lessons per template) Custom reporting to support learning Y Up to forty 40 hours Absence Time -off plans(accruing) Y up to ei ht 8 Management Time -off plans(non-accruing) Y Up to two 2 Configuration: Maintain time -off types, eligibility, plans, Y accruals calculations and balance periods Leave families (grouping leave s Y Up to five 5 Leave types Y Up to nine 9 Configuration of leave of absence families which enable Y configuration of impact on payroll, benefits, and active status while on leave; uses can include Family Medical Leave Act (FMLA), extended leaves of absence, and short and long- term disabilities Time Tracking Time entry codes Y Up to ten 10 Time calculations Y Up to fifteen 15 Time tracking templates Y Up to two 2 Work schedule calendar Y Up to three 3 Period schedules Y Up to one 1 Payroll Pay groups Y Up to one 1 Earning codes Y Up to seventy-five 75 Deduction codes Y Up to fi 50 Federal Identification Numbers FEINS Y u to one 1 States/ Provinces Y U to one 1 State Provincial and local tax authorities N Pay frequencies Y I Up to one i N a� m Cn c 0 m J U J J vi c 0 0 U) a� ca L 0 0 0 U r L c 0 U c 0 0 U) m M 0 c� 0 U c m E U M r r Q Packet Pg. 77 8.E.b Function Scope,. Payroll period schedules Scope 7Y Y U to one 1 Configure payroll calculation rules Y Configure Workday on -cycle and on -demand paycheck template Y Up to one (1) Configure payment elections with payment election rules Y Garnishments Y Bank de2ository and source bank accounts Y Up to one 1 Configure pay slips Y Establish payroll accounting to generate and review payroll accounting data Y Up to one (1) Establish comparison rules and audit components Y Settlement rules Y Payroll provider provides tax, garnishment, check, and deposit advices Y Configure retroactive payroll processing Y Configure Fair Labor Standards Act FLSA calculations Y Mobile Configure mobile -specific tenant settings Y Solutions Security to allow mobile access Y Access for Thone iPad & Android Y Employee Self- Service Employee self-service for all Workday functionality specified above Y Manager Self- Service Manager self-service for all Workday functionality specified above Y N a� m Cn c O m J U J J vi c O 0 Cn a� ca `O 0 U r Q Packet Pg. 78 8.E.b Appendix IE — Data Conversion In Scope person poputation(s) which are active at time of the go -live conversion extract will be included in the conversion process. Customer's workers who were terminated in the current calendar year based on the final extract date will be included in the data conversion to Workday to support rehires and reporting. HCM Current Job/Position Details: Job profile, time type, Active and default and scheduled weekly hours, work shift, location, Terminated position Identification (ID), position title, business title, union Workers and membership, employee contracts, probation periods, notice Retirees periods, collective bargaining agreements, annual work periods and disbursement plan periods for contingent worker supplier and rates Current Organization Assignments: Company, cost center, region, custom organizations, retiree, supervisory organization (single job management 'terminated' org for all terminated workers), and pay group Service Dates: Original hire date, most recent hire date, position start date for conversion, continuous service date, termination date (most recent for current terminations only) and all other Workday delivered service dates Current Biographic Data: Legal and preferred name, date of birth, date of death, gender, disability status, ethnicity, marital status, citizenship status, military status and employee photo Current ID Information: License(s), visa(s), passport(s), national ID(s), additional government ID(s) and custom ID(s) Current Contact Information: Home address, home and work telephone, email instant messenger, and web address HCM Worker Job and Position History: Customer defined number of Active and History from a years of employee job/position history to be converted to Terminated Previous Workday's job and position history from a previous system Employees and System table. Retirees Compensation History: Customer defined number of years of employee compensation history to be converted to Workday's compensation history from a previous system table. Compensation Current Compensation Data: Most recent effective date of Active compensation change, compensation grade and grade profile, Employees and compensation step (if included in compensation Scope), base Retirees pay amount and plan (salary or hourly), bonus, merit, allowance, commission, unit salary, period salary, and stock plan assignments One -Time & Bonus Payments: Out -of -Scope Packet Pg. 79 8.E.b Severance: Out -of -Scope N N V Benefits Related Persons: Dependents, beneficiaries (including Active Cn trusts) and emergency contacts associated with a worker. Employees and r- Reti rees 0 Current Benefit Elections: Current healthcare, insurance, spending account, health savings, retirement and additional J benefit elections and associated dependents and ca beneficiaries. `0 ACA History: Current year medical election changes and ACA hours & wages to support ACA reporting .° EOI: Pending EOI is considered out -of -Scope r c m E Performance Performance Review Ratings: Three (3) years of overall Active a Management performance review ratings only converted to a single non- Employees a configurable review template by year. Conversion of additional performance review information or other employee J review es is out-of-Sco e. Recruiting Active Job Requisitions: Up to two hundred (200) current Active vi r- active job requisitions Candidates tied to Active o Candidates: Up to fifty thousand (50,000) active Requisitions candidates tied to active job requisitions converting basic information such as. name, contact info, referral name and last disposition status. Skills and Experience conversion is not 0 included. Resume documents tied to candidates are not in Scope. 0 Prospects: Out -of -Scope. ti Learning Course Offerings: Up to five hundred (500) offerings M Courses: Up to five hundred (500) active courses m Content Conversion: Up to five hundred (500) Gigabytes w of conversion , Historical Records: Up to two (2) years of historical L+, records 0 U Historical Courses: Up to two (2) years of historical o courses Absence Leaves of Absence: Current leave event data for Active ' o Management employees on leave Employees U) m Time Off Carryover Balances: Current absence plan L balances at time of cutover 0 Payroll Payroll History: Current Year -To -Date wage and tax data Active f° (payroll) including taxable wages and subject wages, for Employees and i0 federal, state/province, and local taxes reconciled to tax Employees paid returns loaded as quarterly data. within current m calendar o- E U r r Q Packet Pg. 80 8.E.b Tax Elections: Current employee tax elections for federal, live) year and state/province, and local tax withholdings such as married, Retirees single, and number of exemptions. Additional Payroll Data: Payment elections, withholding orders, costing allocations, ongoing earnings or deductions which are not benefit related Packet Pg. 81 25055 Collaborative Solutions, LLC �e Ckcale Or-sura^.Ce 10/30/2019 ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDDIYYYY, ��. 10/3012019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES N BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. v iiwirljK iAIY I: if the Certificate harder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER CONTACT 000 NAME: :e:Tech Insurance aioNE 800)668-7020 arc No): 877-826-9067 E-MAIL - TechlnSurance ADDRESS.; 30 N. LaSalle, 25th Floor, Chicago, IL 60602 INSURE s AFFORDING COVERAGE NAIC A INSURER A , PhilaideinhiainclemnilIvInsurance Coma 18058 INSURED Collaborative Solutions, LLC 11190 Sunrise Valley ❑r Ste 11, Reston, VA, 201914375 ER B : en8nel Insurance om an Limit - 11000 00914 26743 Hartford Mi lti-State FINSURERC: RD: Maxum Indemni Com an RE: Navigators Scia Insurance 00000 INSURER F. Zurich American In urance Comoany 16535 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N07WTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM INSR TYPE OF INSURANCE AUDE 9UBR' - - -- LTR POLICY NUMBER MMIDCDIYYYY MMf�o COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR B 45SBABD2304 5wo19 518=0 GEN'LAGGREGATE UMIT APPLIES PER: POLICY JPER Loc OTHER: AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS 45SBABD2304 518r2019 O20 8 '� NON -OWNED HIRED AUTOS UMBRELLA LIAR OCCUR B EXCESS LIAB CLAIMS -MADE d658A8O2304 518f2018 5BI1020 DED RETENTIONS WORKERS COMPENSATION AND EMPLOYERS' LIABILITY T I N C +OFFICERIMEMBER ANY PROPR I ETORIPARTN E RtF XECUTIVE EXCLUDED? No N IA 46WECABM Wx 5/8/2018 5I812020 UtSCNIPTION OF OPERATIONS Below A Fidelity Bond 3rd Party BXT PHSD1419743 5WD19 51 VMO D Directors and Officers Liability MLN-SM2972-02 51a12019 5/8/2020 E Professional Liability (Errors and Omissions) CMI9PTLZ024N91C 5I812019 518/2020 DESCRrP71ON OF OPERATIONS I LOCATIONS 1 VEHICLES IACOR0 101, Additional Remarks Schedule, may be attached If more space is requl CERTIFICATE HOLDER City of Kent 220 Fourth Avenue South Kent, WA 98032-5895 CANCELLATION D HEREIN IS SUBJECT TO ALL THE TERMS, S. LIMITS EACH OCCURRENCE S 1 •00D.000 PREMISES E.oemrreno, S 1,DD0,000 MED EXP CAMf one on) $ 10,000 PERSONAL& ADV INJURY $ 1,000,ODD GENERAL AGGREGATE $ 2,000,DDO S 2.000.000 PRODUCTS -COMPIOPAGG S COMBINEDSINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) S BODI LY I NJ URY (Per accidert) $ PROPERTY DAMAGE S ent a EACH OCCURRENCE S 5,000,000 AGGREGATE S 5,000.000 S STATUTE RH- E.L. EACH ACGDENT S 1.000,000 E.L. DISEASE - EA EMPLOYEE. S 1,000,DDO E.L. DISEASE - POLICY LIMIT 1 $ 1•ODO.000 Each O=urrenoe $1.000.000 OocurrencWftgregate $2. QW.000 1 $2. OW.000 OccurrencelAggregate S10.000.D001510.000.D00 ,edl SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) Q 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and Pogo are registered marks of ACORD Packet Pg. 82 8.F KENT WASH IN G T O N DATE: March 7, 2023 TO: Kent City Council SUBJECT: Resolution Adopting the Equity Strategic Plan - Adopt MOTION: I move to adopt Resolution No. 2058, to adopt the Race and Equity Action Plan, which establishes specific actions necessary to ensure government policies and practices are equitable for all persons who live, work, and visit Kent. SUMMARY: The City began the process of formulating a race and equity plan in 2020. The Race and Equity Action Plan is the culmination of a multi -year process involving a broad range of community stakeholders, through a variety of different engagement strategies. The Race and Equity Plan will serve as a step to acknowledge and dismantle institutional and structural barriers, ensuring government policies and practices do not infringe upon the equal treatment and opportunities for all persons who live, work, and visit Kent. The Race and Equity Plan shows the City's commitment to improve outcomes for all racial groups and mirror the diversity of our community by focusing on five key areas that city residents identified as needing improvement. Those focus areas include: • Communication • In -language Resources • Equitable Representation • Training • Community Engagement BUDGET IMPACT: Estimated cost of $462,500 to implement the Plan. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Packet Pg. 83 8.F 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. Race and Equity Action Plan Resolution(PDF) 02/21/23 Operations and Public Safety Committee MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS] Next: 3/7/2023 7:00 PM MOVER: Brenda Fincher, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner Packet Pg. 84 8.F.a RESOLUTION NO. 2058 A RESOLUTION of the City Council of the City of Kent, Washington, adopting the Race and Equity Action Plan to ensure government policies and practices are equitable for all persons who live, work, and visit Kent. RECITALS A. As a minority majority community, the City of Kent has a unique responsibility to address racial inequities. The City is majority Black, a� Indigenous and People of Color, and is the tenth most diverse community in the nation with more than 130 languages are spoken in the Kent School M District. B. In alignment with the City's mission to build a an inclusive community that is safe, thriving, and sustainable, the City desires to promote inclusiveness, celebrate diversity, and support all fellow community members. As a government agency, it is incumbent upon the City to not only proclaim a message of equity, but also to take steps to eliminate barriers to equity, and to ensure government policies and practices are equitable and do not infringe upon the equal treatment and opportunity of all persons who live, work, and visit Kent. C. On October 8, 2020, the Mayor issued a directive outlining specific actions for all City departments and employees to take to advance race and equity issues in Kent. Since issuance of that directive, the City has 1 Adopting a Race and Equity Action Plan Packet Pg. 85 8.F.a made significant strides towards these goals, including a multi -year effort to form a Race and Equity Action Plan. D. To form the Race and Equity Action Plan, the City's Race and Equity Manager and other City staff, in coordination with an outside consultant, organized numerous community engagement forums, collaborated with community stakeholder groups, engaged the City's Cultural Communities Board, and worked with City leadership. E. The Race and Equity Action Plan will serve as a step to face and w a� dismantle institutional and structural barriers to ensure government policies and practices do not infringe upon the equal treatment and opportunities for a all persons who live, work and visit Kent. The Race and Equity Action Plan a shows the City's commitment to improve outcomes for all racial groups and o mirror the diversity of our community by focusing on five key areas that city o residents identified as needing improvement. F. In recognition that the Race and Equity Action Plan should be a c dynamic and pragmatic document, the City Council desires to ensure that ° administration of the Plan includes the ability to adapt to new circumstances and minor changes in strategy to meet the ultimate goals of the Plan. It is the intent of City Council that City administration be afforded the flexibility a r_ 0 to make minor adjustments to the Plan, so long as such adjustments are a made known to City Council and any updated Plan is made available to the .3 public. w NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 2 Adopting a Race and Equity Action Plan Packet Pg. 86 8.F.a RESOLUTION SECTION 1, - Adoption of Plan. The City of Kent's Race and Equity Action Plan, attached as Exhibit A, is hereby adopted. City administration may make minor revisions to the Plan, so long as such revisions are made known to City Council and any updated Plan is made available to the public SECTION 2, - Severability. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. SECTION 3, - Corrections by City Clerk. Upon approval of the city 0 attorney, the city clerk is authorized to make necessary corrections to this 0 resolution, including the correction of clerical errors; resolution, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4, - Effective Date. This resolution shall take effect and be in force immediately upon its passage. DANA RALPH, MAYOR ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK k March 7, 2023 Date Approved March 7, 2023 Date Adopted Adopting a Race and Equity Action Plan Packet Pg. 87 8.F.a APPROVED AS TO FORM: TAMMY WHITE, CITY ATTORNEY 4 Adopting a Race and Equity Action Plan ti M Packet Pg. 88 8.F.a Race & Equity Action Plan Area of focus: Community Engagement Goal: The City of Kent engages in relationship building through ongoing dialogue, outreach, and inclusion, centering racial equity in our approach. Community Inclicator(s) Outcomes and Actions Timeline Accountability Performance Measure Progress report Q4 2023 1) 50-75k 1) 8o hrs • The number of Kent A (Outcome): The City's procurement increasingly reflects the All Departments . (1) New procurement (consulting based, certified women- diversity of our business community. process is established contract) owned &minority owned businesses increases i) City will analyze procurement process using equity lens & • (2) Contracting data is 2) Internal 2) 4o hrs recommend actionable steps to diversify contracting. published and updated on a per year • Increased number of RFP 2) City will publish disaggregated Women &Minority -owned quarterly basis (dashboard) contract bids from business & Community Based Organizations (BIPOC led) contract qualified Women & data. • (3) City staff attends 2 Minority owned events a year 3) $3.000.00 3) 20 hours contractors 3) City staff to participate in local Minority Business Expo(s) ( a year) • Diversity of boards and B (Outcome): Community continues to inform and help design Q4 2023 1) $4500.00 (per 1) 5o+ commissions city-wide strategic planning. All Departments . (1) 5o% of citywide strategic co -design hours per plans include co -designing opportunity) co -design i) City Departments will continue to provide community members element, increasing every opportunity the opportunity to co -design city-wide strategic plans. year 2) REDI office will create a co -designing planning and 2) $10,000.00 2) N/A implementation toolkit for all city departments. • (2) All CORE team members receive training on co - designing toolkit • Become first WA state C (Outcome): The City of Kent will be a certified welcoming city. • City in good standing Q4 2023 1) $1,500.00 i) All within city to be certified as a (Certification provided by Welcoming America (National w/Welcoming America (membership REDI office welcoming city Network). Network (registration fee) dues) i) City of Kent willjoin Welcoming America's National network REDI office • 1.7 CORE certification 2) City of Kent will meet the "Welcoming City" certification requirements met by city 2)$12,000.000 2) All within requirements and become a recognized welcoming city All Departments (one time cost) REDI office a Packet Pg. 89 8.F.a Area of focus: Training Goal: The City of Kent will provide anti -racist and culturally relevant training, along with other topics that foster constructive communication and cross-cultural understanding for city representatives and the broader community. Community Indicator(s) •Progress report Q4 2023 1) $150-2ook 1) 8 hrs per staff A (Outcome): City of Kent employees build capacity to provide (per year) member (total) • Annual employee culturally responsive services All Departments • (1) Mandatory staff training survey results: "This completion rate above 97% organization supports 1) Employees will complete yearly mandatory training. The training 2) $50,000.00 2) 4 hours a year an inclusive will equip employees with tools to facilitate more complex (cost covered per employee environment where conversations around Race, Equity, Diversity & Belonging. REDI Office . (2) Event attendance above through 2024) (not mandatory) individual differences ioo employees are valued and 2) The Equity & Inclusion Speaker Series will continue to provide respected" presentations and workshops, for employees, using an anti -racist 3) 4 hours a year intersectional framework. REDI Office . (3) Staff attendance over 50 3) $3.000.00 per employee per presentation (not mandatory) 3) City of Kent will re -instate the Cultural Conversations program, bringing culturally relevant training from Kent based community • (4) 20% of staff trained on 4) 1 hour per leaders. All Departments a yearly basis. 4) No cost employee (Employees who 4) Employees will receive training on the city's Language Access • (5) Best practices deal with Plan & Title VI plan. developed translations) REDI Office 5) No cost 5) Community engagement best practices to be developed 5) REDI office • Requests from B (Outcome): The broader Kent community continues the Q4 2023 1) Cost included 1) N/A community collective discussion and learning around concepts like Race, REDI Office • (1) Event attendance above in outcome A. organizations to partner Equity, Diversity and Belonging. ioo residents with city's REDI division 1) The Equity & Inclusion Speaker series will provide public • (1) 4 community events a presentations and workshops free of charge. REDI Office year 2) No cost 2) N/A 2) The city will partner with community groups to provide a . (2) 12 community events a streamlined, in -language, Kent 1o1 program. year a Packet Pg. 90 8.F.a Area of focus: In -Language Resources Goal: The City of Kent is committed to providing culturally relevant services and information in multiple languages Community Indicator(s) Outcomes and Actions Timeline Accountability Performance Measure Progress A(Outcome): Kent based certified interpreters/translators All Departments . (i) 50% of translation report Q4 2023 1) 10-15k 1) REDI • Community languages benefit from city translation and interpretation contracts contracts going to Kent based office covered by independent independent contractor list 1) Create a Kent -based independent contractor list of (certified) REDI office translators/interpreters, 2) 3% of 2) 5 hours interpreters and translators increasing every year. administrative per plan • (2) All strategic plans meet costs REDI office safe harbor requirements for 2) All city-wide strategic plans will allocate a percentage of translation administrative budgets for translation and interpretation, to meet Title VI "safe harbor" requirements. • Up to date language and B(Outcome): City of Kent uses community demographic data All Departments . (1) Top 10 languages identified Q4 2023 i)No cost 1) REDI demographic data to inform policy decisions & updated yearly. office available to use in planning 1) City will develop and implement city-wide Language Access (1) Language access message 2) No cost 2) REDI Plan displayed in t00% of public office — BIT facing city -owned buildings tam 2) City develops and standardizes resident data collection policy 3) No cost • (2)Data collection policy 3) REDI 3) City to start collecting language data using vital documents developed and implemented office identified by the Language Access Plan. • Community aware of C(Outcome): City -owned facilities create a welcoming All Departments • (1) In -language welcoming Q4 2023 1) $5-1ok 1) 15 hours translation & environment displayed in all public interpretation resources customer service areas (Resident survey) 1) Welcoming signs in top 6 languages displayed in city -owned 2) $3.000.00 2)15 hours facilities • (2) "1 speak" cards displayed • Communityfeels at all customer facing welcomed in city- 2) "1 speak" cards to be created for multilingual employees counters ownedpublic facing working customer service counters facilities (Resident survey) a Packet Pg. 91 8.F.a Area offocus: In -Language Resources Goal: The City of Kent is committed to providing culturally relevant services and information in multiple languages Community Inclicator(s) Outcomes and Actions Timeline AccountabilityProgress D(Outcome): City of Kent leverages certified report i) TBD i) REDI translators/interpreter expertise with neural machine -learning office translation technology • Translation costs decrease Q4 2023 REDI office everyyear— citywide i) City to research financial feasibility of incorporating API translation tech a 0 a c 0 a IM a� M r ty w m aM c 0. O Q c 0 0 0 U) W W Q Packet Pg. 92 8.F.a Area of focus: Communication Goal: The City of Kent is committed to building an inclusive and well-informed community, by working to improve communication about city services in a mannerthat is culturally relevant and equitable. Community Indicator(s) Outcomes and Actions Timeline Accountability Performance Measure Progress A(Outcome): City residents see themselves represented in city report Q4 2023 1) No cost 1) 18 hours a • Number of requests to communications • (1) 12 community leaders year highlight community Mayor's Office, REDI Office and or residents highlighted members 1) People of Kent— Highlight more community members and every year 2) No cost 2) TBD their stories on our social media 2) All city promotional materials highlight community demographics • Requests for B(Outcome): City residents receive "vital" city updates Mayor's office, Clerks • (1) Number of times Q4 2023 1) 3-5k (one 1) N/A interpretation from Office, All departments equipment is used time cost) residents 1) Purchase interpretation equipment —to be available during community meetings, city council meetings • (2) Network size, languages 2) $5,000.00 2) REDI office covered • Number of emergency 2) Partner with King County's emergency network trusted network partners in Kent partners program. Grow network in Kent • (3) Number multilingual 3) $250.00 per 3) TBD employees increases per hired employee 3) Develop incentive pay program (resident facing positions) to year recruit more languages to serve our community C(Outcome): Residents are aware of city resources and Mayor's office, Q4 2023 • Further relationship engagement opportunities Communication i) No cost 1) 3 hours (a building with BIPOC Coordinators/Specialists • (1) Kent based community month) serving organizations at 1) Communications coordinators attend KCDIG & Other BIPOC meetings attended the leadership level focused community networking meetings to provide updates to service providers • (2) Quarterly consultation — 2) 500.00 (per 2) so hours Attendance year) (per year) 2) Mayor - Quarterly consultation in partnership with BIPOC serving organizations in Kent (Forum) • (3) Complete and updated 3) 4o hours list per quarter 3) $5000.00 — (REDI office) 3) Create a BIPOC business list/map 10,000.00 Kent chamber of commerce a Packet Pg. 93 8.F.a Area of focus: Equitable Representation Goal: The City of Kent recruits and retains talented workforce that is increasingly reflective of the community we serve, across all positions, from frontline staff, advisory boards, and commissions, to executive leadership. Community Indicator(s) Outcomes and Actions Timeline Accountability Performance Measure Progress report 04 2023 1) No cost 1) so hours • Language Access A(Outcome): The City of Kent increases number of All Departments Languages spoken by staff complaints multilingual staff members reflect safe harbor threshold 2) No cost 2) TBD i) Create list of multilingual employees to identify language gaps 3) TBD 3) 20 hours 2) Prioritize top 6 community languages in recruiting of customer 4) $600.0o per 4) soo hours facing positions to address language gaps certification per certification 3) Develop language incentive policy for multilingual employees who wish to use their language skills 4) Provide language certification opportunities for staff • Staff feeling of inclusion All Departments C14 2023 1) No cost 1) 1 hour per (employee survey) B(Outcome): The City of Kent retains its diverse staff, and all • Employee survey results month/per staff feel like they belong. (engagement) meet the 2) No cost employee benchmark scores i) Offer employee activity group opportunities for current staff • i00% of exit interviews 3) No cost 2)1 hour (Affinity groups) include question on belonging 4) No cost 3) so hours (per 2) Include questions about inclusion on employee exit interviews year) • Policies reviewed and 5) Included in 3) Increase the city's Municipal Equality Index score (MEI) to ioo updated mclain & 4) TBD, based company on number of 4) Update personnel policies adopted prior to 2010 HR Department, REDI • City-wide employee survey contract? policies office, Legal Department completion of 70% 5) Yearly city-wide staff survey 6) $5-sok 5) 30 min per employee 6) City to create gender inclusive employee policy in consultation with subject matter experts. 6) N/A • Percentage of job HR Department, REDI Percentage ofjob applicants O4 2023 1) No cost 1) 5 hours per applicants who self- C(Outcome): The City of Kent works collaboratively with local office who identify as "diverse" month identify as diverse BIPOC serving community organizations to create a diverse matches resident 2) No candidate network for city job openings. demographics anticipated cost 2) so hours per year i) City to add local community -based organizations tothejob announcement notification list 2) City partners with CBOs to create a candidate referral process All Departments a Packet Pg. 94 8.F.a Area of focus: Equitable Representation Goal: The City of Kent recruits and retains talented workforce that is increasingly reflective of the community we serve, across all positions, from frontline staff, advisory boards, and commissions, to executive leadership. utcomes and Actions 44" r Accountability Performance Measure I Estimated Cost Staff time • Percentage of staff who D(Outcome): The City removes implicit bias from the hiring All Departments Diversity numbers increase— Q4 2023 3.) Workday 3.) TBD self -identify as diverse process staff 2) No cost 2) 20 min i) The City to develop blind recruiting process 3) No cost 3) 2 min 2) All interview panel participants will take implicit bias training before in -person interviews 3) All in -person interviews include questions focused on diversity, equity and belonging. COST Plan cost $462,500.00 a Packet Pg. 95 8.G KENT WASH IN G T O N DATE: March 7, 2023 TO: Kent City Council SUBJECT: 2023-2027 City Art Plan - Adopt MOTION: I move to adopt the 2022-2027 City Art Plan. SUMMARY: As required by Ordinance 2552 and Chapter 4.04 of the Kent City Code, the Kent Arts Commission has approved an annual plan outlining expenditures of the $2 per capita City Art fund to be approved by City Council. BUDGET IMPACT: NONE SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. 2023-2027 City Art Plan (PDF) 03/02/23 Parks and Human Services Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 3/7/2023 7:00 PM MOVER: Zandria Michaud, Chair SECONDER: Toni Troutner, Councilmember AYES: Zandria Michaud, Toni Troutner Packet Pg. 96 8.G.a CITY OF KENT Parks, Recreation & Community Services Kent Arts Commission 2023 CITY ART PLAN FIVE YEAR CITY ART PLAN, 2023 - 2027 Kent City Code 4.04 Approved: Visual Arts Committee 1/25/2023 Kent Arts Commission 2/8/2023 City Council Parks Committee: City Council Packet Pg. 97 8.G.a CITY OF KENT Parks, Recreation & Community Services Kent Arts Commission 2023 CITY ART PLAN (Budget for 19026223.4310) Account Balance as of 1/1/2023 $597,134 Does not include 2023 per capita funding which transfers to the project account at the end of the year (estimated to be approximately $120,000 after administrative expenses.) 2023 Projects Cost Downtown Rotating Mural Project $35,000 Willis Rotating Sculptures $35,000 Digital Art Project/Kent-Kherson $25,000 Portable Collection Purchases $15,000 Kent Valley Loop Trail $60,000 Garrison Creek Renovation $120,000 Maintenance and Programming 37 526 Opportunity fund/Savings for Future Projects $269,608 TOTAL: $597,134 2023 estimated population (138,335) x 2/ca ita $276 770 2023 Salary and Administration (supplies, professional services, routine maintenance/repair) $164,070 Anticipated transfer to project account at close of 2023: $112,700 2 Packet Pg. 98 8.G.a KENT ARTS COMMISSION 2023 CITY ART PLAN NARRATIVE Project Title: Community Project Artwork: Downtown Rotating Mural Project Project Description: In 2021, the Kent Downtown Partnership approached the Kent Arts Commission about placing murals on two buildings downtown, providing an opportunity to implement a rotating, temporary mural program with murals that remain in place for a two-year cycle. Murals are constructed with panels mounted on building walls. Artwork is transferred to vinyl wraps and applied to the panels. Estimated Costs: $35,000 (This amount includes funding for the two existing sites.) Funding Source: 2023 City Art Plan: $52,000 Partner: Kent Downtown Partnership (property owner liaison) Background: Benefits of the temporary rotating mural program include: Adding interest/energy to downtown Kent (updated every two years); aesthetically improving the walls; partnering with Kent Downtown Partnership; high visibility; potential for expansion; creation of opportunities for local, emerging and/or artists of color; vinyl -wrapped panels provide vibrant color, are easy to clean in the case of graffiti, and allow artists with limited large-scale experience to enter the public art realm. Locations: The project was started in 2021 with two locations: 1) East -facing wall on Harrison Street, overlooking Air Ways Brewery parking lot. (14' x 20') 2) East -facing wall of building adjacent to the vacant lot at 2nd Avenue and Meeker Street. (12' x 40'). Project Title: Art Project - 41" Avenue and Willis Greenways Rotating Sculpture Program Project Description: The Parks Department has constructed greenways to the north and south of Willis St. at the 4t" Ave. and Willis St. roundabout. These areas provide welcoming gateways and increase connectivity through streetscape amenities, trees and vegetated buffers, lighting, promenades and walkways, and artwork. The Arts Commission will implement a rotating sculpture program in which sculptures will remain in place for a two -to -three-year cycle using two structural footing pads already installed as part of the construction. Estimated Costs: $35,000 (including artist fees, potential purchase awards, and a contracted project manager/curator) Funding Source: 2023 City Art Plan: $0 2022 City Art Plan: $35,000 (approved in 2022 and carried over) City Partner: Parks Planning and Development Background: The Kent Downtown Reactivation & Access Project is a multi -phased project coordinated between the Public Works and Parks Departments. Benefits of the sculpture program include: Adding interest/energy to the site (updated on a regular cycle); high visibility; potential for expansion; opportunity to create a permanent sculpture gallery through purchase awards. a a U ti N O N M N O N LO c a Q U ti N O N M N O N a� U M a 3 Packet Pg. 99 8.G.a Location: 4t" Avenue and Willis north and south Greenways Project Title: Art Project - Kent-Kherson Park/Digital Artwork Project Description: Parks Planning and Development is close to completing construction on a newly renovated, space-themed park at 307 West Gowe Street (Kent-Kherson Park). The park design includes a Lunar Rover replica, a life-sized astronaut, and a large screen with projection capabilities. The Arts Commission will provide artistic content for the projection component by commissioning new artwork from digital/video specific artists. Estimated Costs: Funding Source: City Partner: $25,000 (including artist fees and a contracted project manager/curator) 2023 City Art Plan: $0 2022 City Art Plan: $25,000 (approved in 2022 and carried over) Parks Planning and Development Background: The newly renovated park aims to celebrate our region's legacy of aero and outer space innovation by memorializing its role in space exploration. We believe this is an excellent opportunity to spotlight the creativity of Kent residents and digital artists. Location: Kent-Kherson Park, 307 West Gowe Street Project Title: Summer Art Exhibit Purchase Program Project Description: Purchase quality artworks from area artists that enhance the value of the City Portable Art collection. The artworks are exhibited in publicly accessible areas of City facilities, helping to beautify Kent. Budget for artwork purchases ensures high quality of applicants to Summer Art Exhibit and allows for more strategic purchases. Estimated Costs: $15,000 Funding Source: 2023 City Art Plan: $15,000 City Partner: Facilities Background: The City of Kent Arts Commission collection of portable artwork includes a variety of two-dimensional artworks. Artwork is acquired through the Kent Summer Art Exhibit purchase award program. The portable collection introduces art into areas where the community does business. A work environment that includes amenities such as art has been shown to increase productivity and job satisfaction, but the primary purpose is serving the public. Location: City of Kent facilities 4 Packet Pg. 100 8.G.a Project Title: Capital Project Artwork(s) - Kent Valley Loop Trail (KVLT) Project Description: The Parks Department has long-term plans to create a Kent Valley Loop Trail system. This system of varying length trails along the Green River will link Riverview Park (yet to be constructed), Foster Park, Van Doren's Landing, and Boeing Rock. In collaboration with Parks Planning and Development staff, the Kent Arts Commission has identified an opportunity to site artwork through this trail system. Possible projects include murals on industrial buildings along the Interurban Trail, or sculptures along the Green River Trail. This project ties directly to the plan to establish a 41 Avenue and Willis Greenways Rotating Sculpture Program. Potential purchases from the rotating sculpture program could populate a permanent sculpture gallery along the Green River Trail. Estimated Costs: $60,000 Funding Source: 2023 City Art Plan: $0 2021 City Art Plan: $60,000 (approved in 2021 and a carried over) a City Partner(s): Parks Planning and Development, Economic and Community Development N 0 N Background: The vision for the KVLT is to enhance recreation opportunities at Kent's river -front N parks and along the Green River Trail that connects them. Parks Planning and Development N contracted with Berger Partnership to develop a Master Plan for the project in 2013. Through a LO competitive selection process, the Arts Commission selected Ellen Sollod to serve as the artist M representative on the planning team and to create an art plan for the KVLT. Location: Kent Valley Loop Trail/parks along Green River Q U Project Title: Capital Project Artwork(s) - Garrison Creek Park Renovation ti N N Project Description: The Parks Department plans to renovate and update existing park facilities A N N to create more recreation opportunities at Garrison Creek Park. The project will focus on upgrading the surface and facilities located on the existing cistern lid, including new court E surfaces for pickleball, basketball, and tennis alongside playground features. The project will also update the walking loop, increase parking, and renovate the plaza. Bidding is anticipated at the a end of 2023, with construction starting in 2024. Parks Planning and Development staff and Arts Commission staff hope to bring a Public Artist on board as part of the early design process. Estimated Costs: $120,000 Funding Source: 2023 City Art Plan: $120,000 City Partner(s): Parks Planning and Development Background: Public art has long been part of the amenities at Garrison Creek Park. Artist Elizabeth Conner created "Underground Secrets," a variety of art pieces installed at the park in 1999. This integrated artwork leads visitors through the space, while also revealing the presence of the underground reservoir in whimsical ways using recycled pipes, valves, and water -related 5 Packet Pg. 101 8.G.a mechanisms. The Arts Commission plans to retire and replace the nearly 25-year old artwork, which now requires more frequent maintenance. Location: Garrison Creek Park, 9615 S. 218t" Street Project Title: Collection Maintenance and Programming Project Description: Projects include outdoor sculpture maintenance and collection repair, helping to sustain existing assets. Projects in 2023 may include assessment and decommission of Daily Migration train corridor sculptures (Dos Remedios, 2005); and various repair and maintenance projects. Estimated Costs: $37,526 Funding Source: 2023 City Art Plan: $0 2022 City Art Plan: $37,526 (approved in 2022 and carried over) Background: This fund may be used for maintaining and providing programming for existing artworks. Project Title: Opportunity fund (capital projects, strategic art acquisition, economic development implementation) and savings for future projects Project Description: Identify and implement art project(s) to address City and community goals This funding allows the Arts Commission to incorporate significant artwork into capital projects, acquire artwork for specific locations or needs, and contribute artwork to implementation of the City of Kent Economic Development Plan. Possibilities include projects in partnership with Economic Development and/or the Kent Downtown Partnership and acquiring artwork to strategically build the City's collection. This fund also allows the Arts Commission to set funding aside for upcoming capital projects such as the Springwood Park Renovation, Mill Creek Canyon trails, and the new East Hill North Park. Estimated Costs: $269,608 Funding Source: 2023 City Art Plan: $29,227 2022 City Art Plan: $240,381 (approved in 2022 and carried over) City Partner: Economic Development, Parks Planning and Development Background: Kent Arts Commission staff regularly engages in discussions with Economic Development staff, Parks Planning and Development staff, and the Kent Downtown Partnership about ways to partner and use art to achieve community goals. Location(s): TBD a a U I- N O N M N O N LO M c a Q U I- N O N M N 0 N r- W E U 2 a 6 Packet Pg. 102 8.G.a KENT ARTS COMMISSION CITY ART 5 YEAR PLAN: 2023 - 2027 2023 PROJECTS COSTS Account balance: $597,134 Projects Art Project: Downtown Rotating Mural Project 35,000 Art Project: 4t" Ave. & Willis St. Rotating Sculpture Program 35,000 Portable Collection Purchases 15,000 Art Project: Kent-Kherson Park/Digital Artwork 25,000 Capital Art Project: Kent Valley Loop Trail 60,000 Capital Art Project: Garrison Creek Renovation 120,000 Opportunity Fund/Future Projects 269,608 Collection maintenance and programming 37,526 Total $597,134 2024 PROJECTS COSTS Estimated account balance: (assuming $277K for per cap, $165K admin) $381,608 Projects Capital Art Project: Springwood Park Renovation 80,000 Art Project: Traffic Signal Control Box Wraps 35,000 Art Project: Kent-Kherson Park/Digital Artwork 25,000 Portable Collection Purchases 15,000 Opportunity Fund/Future Projects 201,608 Collection maintenance and programming 25,000 Total $381,608 2025 PROJECTS COSTS Estimated account balance: (assuming $277K per cap, $165K admin) $313,608 Projects Art Project: 4t" Ave. & Willis St. Rotating Sculpture Program 35,000 Art Project: Downtown Rotating Mural Project 40,000 Art Project: Kent-Kherson Park/Digital Artwork 25,000 Capital Project artwork(s): East Hill North Park 100,000 Portable Collection Purchases 15,000 Opportunity Fund/Future Projects 68,300 Collection maintenance and programming 30,308 Total $313,608 2026 PROJECTS COSTS Estimated account balance: (assuming $277K per cap, $170K admin) $175,300 Projects Capital Art Project: Mill Creek Canyon Trails 70,000 Art Project: Traffic Signal Control Box Wraps 35,000 Art Project: Kent-Kherson Park/Digital Artwork 25,000 Portable Collection Purchases 10,000 Opportunity Fund/Future Projects 25,000 Collection maintenance and programming 10,300 Total $175,300 2027 PROJECTS COSTS Estimated account balance: (assuming $277K per cap, $170 admin) 132,000 Projects Art Project: 4t" Ave. & Willis St. Rotating Sculpture Program 35,000 Art Project: Downtown Rotating Mural Project 40,000 Portable Collection Purchases 10,000 Opportunity Fund/Future Projects 37,000 Collection maintenance and programming 10,000 Total $132,000 Packet Pg. 103 8.H KENT WASH IN G T O N DATE: March 7, 2023 TO: Kent City Council SUBJECT: Community Development Block Grant 2023 Annual Action Plan - Approve MOTION: I move to approve the Community Development Block Grant 2023 Annual Action Plan, including funding allocations and contingency plans and authorize the Mayor to execute the appropriate certifications and agreements subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: Human Services is requesting approval of the Community Development Block Grant 2023 Annual Action Plan to receive 2023 CDBG allocation for the year. BUDGET IMPACT: NONE SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. CDBG AA 2023-Exhibit (PDF) 03/02/23 Parks and Human Services Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 3/7/2023 7:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Zandria Michaud, Chair AYES: Zandria Michaud, Toni Troutner Packet Pg. 104 8.H.a K NT WASH IN GTON City of Kent 2023 Annual Action Plan Community Development Block Grant (CDBG) Program Annual Action Plan 2023 Packet Pg. 105 8.H.a Executive Summary AP-05 Executive Summary - 91.200(c), 91.220(b) 1. Introduction The City of Kent became a Community Block Grant (CDBG) entitlement City in in 2003. Entitlement cities receive a CDBG entitlement grant directly from the U.S. Department of Housing and Urban Development (HUD), managing and staffing their own programs.[1] Cities are eligible to apply for a direct grant only if they have at least 50,000 residents and submit a multi -year Consolidated Plan (CP); the City submits its plan every five years through the King County Consortium. In addition to King County and Kent, the Consortium includes the cities of Auburn, Bellevue, and Federal Way. The most recent five-year plan was approved by HUD and is effective for 2020-2024. An Action Plan is submitted each year of the 2020- 2024 CP; this Annual Action Plan (AAP) is for the 2023 program year, the fourth program year of the CP. The CP identifies the objectives and outcomes that will guide the city as it determines how to invest its grant. The objective of the CDBG Entitlement Program is to develop urban communities by providing decent housing, a suitable living environment, and economic opportunities, principally for low/moderate-income persons. Low/moderate-income persons are those earning less than 80% of the area median income (AMI). The 2023 AAP will continue to pursue the objectives outlined in the CP, tracking outcomes for each funded project. 2023 CDBG Allocation: The City of Kent estimates it will receive the same CDBG allocation in 2023 that HUD awarded in 2022: $1,131,489. Once HUD confirms the City's final allocation, the City will adjust its budget before submitting the 2023 Action Plan to HUD. The City anticipates that HUD will verify the final allocation by March or April 2023. The CDBG contract between HUD and the City is usually signed months after HUD provides notice regarding the amount of the City's grant. Consequently, CDBG sub -recipients receive their first payments between late spring to late summer. 2. Summarize the objectives and outcomes identified in the Plan The outcomes and objectives are: • Accessibility to decent housing • Accessibility to a suitable living environment • Accessibility to economic opportunities The mission of the City's Human Services Division, which awards CDBG grants to sub -recipients, is to create a healthy, thriving, and inclusive community for all Kent residents by ensuring access to opportunity and high -quality services. Annual Action Plan 2023 Packet Pg. 106 8.H.a 3. Evaluation of past performance This is an evaluation of past performance that helped lead the City to choose its goals or projects. In 2022, the City used its CDBG funds to provide a wide variety of services which met the objectives of the CDBG Entitlement Program. Work was primarily executed by nonprofits (sub -recipients); however, City staff provided home repair services to Kent homeowners and hired private contractors as needed. In addition, the City collaborated regionally with consortium cities, suburban cities, foundations, new and emerging organizations, businesses, faith -based organizations, and government (county, federal, and State). Accomplishments in 2022 were: 2022: $1,131,489 The City successfully addressed the goals of meeting basic needs, affordable housing to homeless and at -risk persons, increasing self-sufficiency, and planning and administration. Sub -recipients used Kent CDBG funds to provide: • Rent and utility assistance • Home repair assistance • Case management services to youth with intellectual disabilities and their families • Shelter • Transitional housing • Comprehensive case management and support services to two housing facilities in Kent - Titusville Station & Family Emergency Shelter • Employment and training • Planning and administration activities Outcomes for 2022 are still in process and organizations are primarily on track. 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. Citizen participation (hereinafter referred to as Community Participation Process or community participation) is the source in which the Consolidated Plan is developed. The City solicited comments and input from low/moderate income persons and households, non -governmental organizations, nonprofits, and other interested parties regarding the development of the 2023 AAP. Annual Action Plan 3 2023 Packet Pg. 107 8.H.a The City convened the first public hearing on September 6th,2022, before this draft AAP was released; and a second hearing is scheduled for February 16th, 2023. First hearing was held virtually, second hearing scheduled to be held in -person. Nine (9) individuals attended the first hearing, and participants for the second hearing TBD. S. Summary of public comments At the first hearing, one attendee asked what equitable processes were in place to determine projects the City invests in. One commenter stated the need for extended day shelters and the need for more affordable housing. Another commenter stated observations of Domestic Violence rising extensively in families and most cases have at least 3 high risk issues (Youth being one of these high -risk issues). 6. Summary of comments or views not accepted and the reasons for not accepting them All comments were accepted. Annual Action Plan 4 2023 Packet Pg. 108 8.H.a PR-05 Lead & Responsible Agencies - 91.200(b) Agency/entity responsible for preparing/administering the Consolidated Plan The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency Lead Agency KENT CDBG Administrator KENT City of Kent, Human Services Division, Parks, Recreation & Community Services Table 1— Responsible Agencies Narrative The City of Kent, Human Services Division, is the lead agency for the CDBG Program. Merina Hanson, Human Services Manager, and Brittany Gaines, Senior CDBG Coordinator, is the program manager. Sub -recipients that receive CDBG funds are responsible for executing programs on behalf of the City and are consulted during the development of the Annual Action Plan. These agencies are listed in the AP-10 Consultation section of this document. Consolidated Plan Public Contact Information Human Services Manager Senior CDBG Coordinator Merina Hanson Brittany Gaines 220 4th Ave S, Kent, WA 98032 220 4th Ave S, Kent, WA 98032 253.856.5070 253.856.5070 mhanson@kentwa.gov bgaines@kentwa.gov AP-10 Consultation - 91.100, 91.200(b), 91.215(I) 1. Introduction Annual Action Plan 2023 Packet Pg. 109 8.H.a The City of Kent ensures consultation and Citizen participation are central to the work and the City follows the adopted Citizen Participation Plan to ensure citizens participate in the process. The City of Kent is a leader and active partner, participating locally and regionally in efforts related to human services and community development. Development of the 2023 Annual Action Plan included consultation with private and public organizations to provide input. The City works closely with neighboring jurisdictions in South King County, acknowledging the subregion's common interests and challenges. The City works regularly with organizations focused on public policy and nonprofit organizations and community groups focused on providing support to our low- and moderate -income individuals and households. The City values the strong working relationship with the other members of the King County Consortium and consults with them The City participates in regular meetings with stakeholders, including but not limited to the King County Housing Authority, King County Regional Homeless Authority, South King County Housing and Homelessness Partners, nonprofit housing and service providers, Kent Cultural Diversity Initiative Group, Public Health — Seattle & King County, Puget Sound Regional Council, Housing Development Consortium, WA State Department of Commerce, United Way, the private sector, and people with lived experience. Coordination occurs on a regular and ongoing basis and informs the work of the division. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health, and service agencies (91.215(I)). Kent Human Services Division meets regularly with other King County jurisdictions, public housing authorities and State Departments to develop strategies and to implement plans to improve the quality of service and access for low-income residents in the City and throughout the region. Additionally, the City participates in quarterly meetings with King County staff, including Public Health - Seattle and King County, to review implementation and delivery of services funded through regional efforts. The City will continue to participate in the Joint Recommendations Committee (JRC), South King Housing and Homelessness Partners (SKHHP), the Affordable Housing Committee (AHC), and the Housing Interjurisdictional Team of the AHC. Kent is also an active member of the King County Human Services Funder Collaborative, providing a streamlined application and grant management process for nonprofits and increasing collaboration amongst cities. The City is also tracking the King County Regional Homeless Authority strategic planning efforts The City also hosts the monthly Kent Cultural Diversity Initiative Group(KC-DIG) to help enhance collaboration. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. Annual Action Plan 6 2023 Packet Pg. 110 8.H.a Staff worked extensively in 2018 to develop an Interlocal Agreement, creating a formal collaboration on housing and homelessness issues between several cities in South King County, including Kent. Kent has contributed funds to the South King Housing and Homelessness Partnership since 2016; this partnership provided additional staff capacity for tracking, developing, and implementing policies related to affordable housing and homelessness to participating cities. The City funds this project with Human Services General Funds. Kent staff and other South King County stakeholders continue to meet to deepen cross -jurisdictional coordination, creating a common understanding for housing and homelessness needs and strategies for South King County, and will participate in KCRHA's development of the Subregional Plan that will guide homelessness work going forward. Two separate groups currently meet the South King County Homeless Action Committee and the South King County Joint Planners. The City continues to seek ways to participate in the newly established King County Regional Homelessness Authority and the Advisory Committee that now serves as the Continuum of Care. Kent provides General Fund and CDBG funds to programs focused on preventing homelessness, emergency shelter, transitional housing, and permanent housing. These programs support our chronically homeless individuals and families, families with children, veterans, and unaccompanied youth. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS Kent is one of the participating jurisdictions partnering with King County who agree via an ILA that it is mutually desirable and beneficial to enter a consortium arrangement pursuant to and authorized by the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, for purposes of the ESG and to cooperate in undertaking ESG activities. The County and the City are committed to targeting ESG and HOME Program funds to ensure benefit for very low to moderate -income persons as defined by HUD; and recognize that needs of very low to moderate -income persons may cross jurisdictional boundaries. As part of the ILA, staff attend (and in alternating years maintain a voting seat) on the Joint Recommendations Committee. The JRC has the responsibility to review and recommend to the King County Executive all policy matters concerning the ESG program. McKinney-Vento funding for the ESG is allocated through a competitive process and administered by King County. They also review and recommend to the King County Executive the projects and programs to be undertaken with ESG funds. They monitor and ensure that for all geographic areas and participating jurisdictions that benefit from ESG programs funded activities over time, so far as is feasible considering eligible applications submitted within the goals, objectives, and strategies of the Consolidated Plan. Additionally, they monitor to ensure that equity in distribution of funds is pursuant to proportion of the region's low to moderate - Annual Action Plan 7 2023 Packet Pg. 111 8.H.a income population and that equity is achieved over time pursuant to Consortium Guidelines adopted by the JRC. 2. Agencies, groups, organizations, and others who participated in the process and consultations Note: additional organizations will be added via the online federal reporting system. Annual Action Plan 8 2023 Packet Pg. 112 8.H.a Table 2 — Agencies, groups, organizations who participated 1 Agency/Group/Organization MULTI -SERVICE CENTER Agency/Group/Organization Type Housing Services - Housing Services -homeless Services -Employment Regional organization What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Strategy Briefly describe how the Agency/Group/Organization was consulted. What Agency received email link to Action Plan & Public are the anticipated outcomes of the consultation or areas for improved hearing. Agency also consulted informally through coordination? ongoing communication. Agency/Group/Organization Type Services -Youth and Families with Disabilities Housing Need Assessment 2 Agency/Group/Organization Open Doors for Multicultural Families Agency/Group/Organization Type Services -Persons with Disabilities Regional organization Ethnic Community Based Organization What section of the Plan was addressed by Consultation? Non -Homeless Special Needs Anti -poverty Strategy Briefly describe how the Agency/Group/Organization was consulted. What Agency received email link to Action Plan & Public are the anticipated outcomes of the consultation or areas for improved Hearing. Agency also consulted informally through coordination? ongoing communication. Annual Action Plan 2023 ti v M t x w c%> N O N Q Q C9 m 0 U c m E t 0 2 r Q Packet Pg. 113 8.H.a 3 Agency/Group/Organization Puget Sound Training Center Agency/Group/Organization Type Services -Employment Services - Narrowing the Digital Divide What section of the Plan was addressed by Consultation? Non -Homeless Special Needs Market Analysis Economic Development Anti -poverty Strategy Briefly describe how the Agency/Group/Organization was consulted. What Agency received email link to Action Plan & Public are the anticipated outcomes of the consultation or areas for improved Hearing. Agency also consulted informally through coordination? ongoing communication. Identify any Agency Types not consulted and provide rationale for not consulting All agency types connected to the needs of Kent residents were consulted. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care King County Emphasis on basic needs, affordable housing, homeless prevention. 2020-2024 King County Consortium Consolidated King County Both plans prioritize Affordable Housing and Homelessness Prevention. Plan Annual Action Plan 2023 10 Packet Pg. 114 8.H.a Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? 2020-2024 City of Kent CDBG goals and objectives overlap with human services goals and objectives, and the City Human Services Strategic City of Kent conducted community engagement for the Human Services Strategic Plan and Five -Year Plan Consolidated Plan simultaneously. 2019 King County Analysis Kent worked with the county to develop a plan for fair housing testing in Kent. The of Impediments to Fair King County Regional Al includes goals that indicate need for more affordable housing and greater Housing access to housing for communities experiencing a disproportionate need. This five-year plan prioritizes frontline communities, which include underserved 2020 Strategic Climate King County populations and BIPOC. The City is also focused on these populations and is reviewing the Action Plan plan to determine how its five-year CP can more closely align with climate action. Table 3 - Other local / regional / federal planning efforts Narrative The City consulted numerous organizations that support the City in its efforts to achieve its primary objectives with CDBG funding: • Accessibility to decent housing • Accessibility to a suitable living environment • Accessibility to economic opportunities The City continues to assess the impacts of COVID-19 pandemic, while identifying social inequities to ensure residents are provided the opportunity to recover from illness, lost wages, and increasing costs due to inflation. The City will continue to partner with workgroups and committees to better coordinate services and resources to strengthen the network of providers in Kent and allow for a more equitable distribution of resources. Partners include the Kent Community Partners, Kent Youth Network, Kent Emergency Assistance Providers and Kent Cultural Diversity Initiative Group (KC -DIG). Annual Action Plan 2023 11 Packet Pg. 115 8.H.a AP-12 Participation - 91.401, 91.105, 91.200(c) Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal setting While HUD uses the term Citizen Participation, the City calls its participation process Community Participation, this title is more inclusive of all Kent residents. Community participation and engagement are critical to the successful implementation of the City's Consolidated Plan and each Action Plan. The goals of community participation are to: • Inform the community of the rules that the City follows to ensure adequate opportunity for resident and stakeholder involvement • Hear the community's recommendations on how the City should invest CDBG dollars • Consult with individuals who may not initiate contact with the City because of language/cultural barriers or who do not come from experiences where government sought their opinions; and • Convene public hearings and meetings, initiate surveys, host community and individual conversations, etc., to increase opportunities for nonprofits and Kent residents to come together and discuss how they can leverage opportunities, share ideas, coordinate services and pool funding to achieve the greatest impact. The City solicited comments and input from low/moderate income persons and households, Kent residents, non -governmental organizations, nonprofits, and other interested parties regarding the development of the 2023 AAP. The City also used a racial equity lens to help determine its funding allocations. To this effort, the City commissioned a report conducted by Equitable Future to investigate how equitably Kent makes grants and funding available to community organizations. It met with and/or reached out to Ethnic Community -Based Organizations (CBOs), Kent Cultural Diversity Initiative Group (KC -DIG), special needs organizations, etc. Organizational needs, demographic data, public and written comments, and informal surveys shaped the City's goals outlined in this Action Plan. During the community participation process for the development of the Action Plan, nine (9) individuals attended Sept. 6t" public hearing (pre and post AAP draft release), and eight (8) individuals participated in providing verbal comments. Annual Action Plan 2023 12 Packet Pg. 116 8.H.a Citizen Participation Outreach Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 1 1st Public Hearing Non- 9 individuals what equitable All comments targeted/broad attended: processes were in accepted. community place to determine projects the City invests in. The need for extended day shelters and the need for more affordable housing. Observations of DV rising extensively in families and most cases have at least 3 high risk issues (Youth being one of these high -risk issues). 2 2nd Public Non- TBD-Comments will Hearing targeted/broad be added after community hearing scheduled for Feb. 16t", 2023. Table 4 — Citizen Participation Outreach Annual Action Plan 2023 13 ti v M t x w M N Co N Q Q C9 m 0 U c m E t 0 r r Q Packet Pg. 117 8.H.a Expected Resources AP-15 Expected Resources - 91.420(b), 91.220(c)(1,2) Introduction The City of Kent supports human services programs through its CDBG (federal) and General Fund (City of Kent tax dollars) budgets. The City uses a two-year budget cycle which is contingent upon economic stability. While HUD is on the federal fiscal cycle (October —September), the City's fiscal calendar is January to December. The City does not receive notice of its CDBG award until Congress passes its budget. This is most often completed in Spring or early Summer. Pre -award costs for the 2023 program year are those costs that are incurred before the City signs an agreement with HUD regarding the use of FY2023 CDBG funds. Pre -award costs are outlined in section V of HUD CPD Notice CPD-22-05 Guidance on Submitting Consolidated Plans and Annual Action Plans for Fiscal Year (FY) 2022. The City expects HUD will issue a similar notice for the submission of 2023 Action Plans, and the Annual Action Plan 2023 14 Packet Pg. 118 8.H.a City will follow that guidance regarding pre -award costs when it is issued. The City dedicates a per -capita amount of its General Fund budget to support human services programs. Prior to that, one percent of the City's budget supported human services programs. Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Narrative Description Annual Program Prior Year Total: Allocation: Income: Resources: $ Available $ $ $ Remainder of ConPlan CDBG public - Acquisition CDBG funds leverage additional federal federal Admin and and state funds. Agencies may combine Planning funding sources to provide a Economic comprehensive menu of services to the Development community. Expected amount is based Housing on 2022 allocation. Public Improvements Public Services 1,131,489 0 1,131,489 2,262,978 Table 5 - Expected Resources — Priority Table Explain how federal funds will leverage those additional resources (private, state, and local funds), including a description of how matching requirements will be satisfied CDBG funds do not require a match; however, the City looks for opportunities to solicit additional resources. If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs Annual Action Plan 2023 15 Packet Pg. 119 8.H.a identified in the plan Sound Transit will release an RFP Spring of 2023 to identify Transit Oriented Development (TOD) on surplus property located on Kent's West Hill. King County and Kent have convened discussions with residents and stakeholders consulted in this Action Plan about the best use of the property. Affordable housing and multi -use spaces to support health and employment is proposed to be built on a portion of this property. Discussion Expected Amount Available Remainder of Con Plan: The calculation is based on funds expected 2023-2024 if $1,131,489 is received each year Annual Action Plan 2023 16 Packet Pg. 120 8.H.a Annual Goals and Objectives AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3) &(e) Goals Summary Information Sort Goal Name Start End Category Geographic Area Needs Addressed Funding Goal Outcome Indicator Order Year Year 1 Maintain 2023 2024 Affordable City of Kent Affordable CDBG: Homeowner Housing Affordable Housing Housing $735,469 Rehabilitated: TBD Housing 2 Prevent 2023 2024 Homeless City of Kent Homeless CDBG: Homeless Person Homelessness Prevention $114,000 Overnight Shelter: TBD 3 Opportunity to 2023 2024 Non -Homeless City of Kent Opportunity to CDBG: Public service activities Meet Basic Needs Special Needs Meet Basic $20,000 other than Low/Moderate Needs Income Housing Benefit: TBD 4 Support Economic 2023 2024 Economic City of Kent Racially and Economic CDBG: Other: TBD Viability Opportunities Ethnically Concentrated Viability area of Poverty (R/ECAP) $11,000 20210 5 Planning and 2023 2024 Planning & CDBG: Other: 0 Other Administration Administration $226,297 Support Goal Descriptions Table 6 — Goals Summary Annual Action Plan 2023 17 c a a 0 U Q 3 c c Q M N O N 0 m 0 U co ti M x w M N O N Q Q m 0 U c am E t U a r r Q Packet Pg. 121 8.H.a I Goal Name Maintain Affordable Housing Goal Description Investment of funds to preserve and maintain existing affordable housing. Planned activities include rehabilitation of single-family residential housing (home repair services) and energy efficiency assistance. 2 Goal Name Prevent Homelessness Goal Description Assistance to chronically homeless individuals and families and those at -risk for homelessness to move to shelter and permanent housing. Planned activities include transitional housing, emergency shelter, case management, rental assistance, and supportive services. 3 Goal Name Opportunity to Meet Basic Needs Goal Description Assistance to preserve and maintain the safety net for those at -risk of losing basic services, including legal services, system navigation, case management, and supports for under -served residents 4 Goal Name Support Economic Viability Goal Description Assistance, for those unemployed and under -employed. S Goal Name Planning and Administration Support Goal Description Investment in planning and implementation strategies & CDBG staff to improve quality of life in the community for low /moderate -income residents. Annual Action Plan 2023 c a c 0 U Q c c Q M N O N 0 m 0 U r Q Packet Pg. 122 8.H.a Annual Action Plan 2023 19 c a c 0 Q 3 c c Q M N O N 0 m U r Q Packet Pg. 123 8.H.a AP-35 Projects - 91.420, 91.220(d) Introduction Funded projects include a variety of activities: employment services and training, maintaining affordable housing, shelter and housing assistance, legal services, case management, food security through gardening, and health resources and support. # Project Name 1 Catholic Community Services: Sacred Heart Shelter 2 Multi -Service Center: Shelter and Supportive Housing 3 Kent Home Repair Program: Minor Home Repair 4 Planning & Administration 5 Catholic Community Services: Katherine's House and Rita's House 6 YWCA -Anita Vista: Transitional Housing 7 Open Doors for Multicultural Families: Family Support Services 8 Puget Sound Training Center: Employment & Training Services Table 7 — Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs Priorities were decided based on resident needs and partnership with the community. The pandemic will remain an obstacle to addressing underserved needs. Additionally, limitations on the percentage of funds that can be used for personnel costs is an impediment as staffing requirements and workload increase. CONTINGENCY PLANS Public Services In the event a sub -recipient organization withdraws from the CDBG program, or the City determines the organization cannot meet federal compliance obligations, the City will allocate funds to one or more of the other public service activities. City of Kent public service activities may address the following needs: services for the unhoused, healthcare, rent and utility assistance, legal services, food assistance, and counseling services. This list is not exhaustive and may expand to meet community needs. In the event of a funding decrease, the amount of the decrease will be deducted from a project(s) guided by an equity lens. Capital Annual Action Plan 20 2023 Packet Pg. 124 8.H.a In the event of a funding increase, funds will be allocated to the City's Home Repair Program and/or a Capital Project that benefits community needs. In the event of a funding decrease, the Home Repair Program budget will be reduced. AP-38 Project Summary Project Summary Information 1 Project Name Catholic Community Services -Sacred Heart Shelter Target Area City of Kent Goals Supported Prevent Homelessness Needs Addressed Homeless Prevention Funding CDBG: $25,000 Description Public Services: Provide shelter to families experiencing homelessness. Target Date 12/31/2023 Estimate the number and type of families that will benefit from the proposed activities TBD Location Description City of Kent Planned Activities Shelter to Families 2 Project Name Multi Service Center -Shelter and Supportive Housing Target Area City of Kent Goals Supported Prevent Homelessness Needs Addressed Homeless Prevention Funding CDBG: $50,000 Description Public Services: Comprehensive case management and support services to two housing facilities in Kent. Target Date 12/31/2023 Estimate the number and type of families that will benefit from the proposed activities It is estimated that 30 individuals will benefit. Location Description City of Kent Planned Activities Case management and supportive services Annual Action Plan 21 2023 Packet Pg. 125 8.H.a 3 Project Name Kent Home Repair Program: Minor Home Repair Target Area City of Kent Racially and Ethnically Concentrated area of Poverty (R/ECAP) 2010 Goals Supported Maintain Affordable Housing Needs Addressed Affordable Housing Funding CDBG: $735,469 Description Capital: Low/moderate-income homeowners in Kent receive minor home repairs. Target Date 12/31/2023 Estimate the number and type of It is estimated that 100 families will benefit from the families that will benefit from the program. proposed activities Location Description City of Kent Planned Activities Minor home repair and rehabilitation. 4 Project Name Planning & Administration Target Area City of Kent & Racially and Ethnically Concentrated area of Poverty (R/ECAP) 2010 Goals Supported Planning and Administration Support Needs Addressed Planning & Administration Funding CDBG: $226,297 Description City uses funds to administer the CDBG project carried out by the City, to monitor sub -recipients, and to deliver strategies outlined in the 2020-2024 Consolidated Plan. Target Date 12/31/2023 Estimate the number and type of N/A families that will benefit from the proposed activities Location Description City of Kent Planned Activities City uses funds to administer the CDBG program, to monitor sub -recipients, and to deliver strategies outlined in the 2020- 2024 Consolidated Plan. Annual Action Plan 22 2023 c R a c 0 U Q 0 c c Q M N 0 N 0 m 0 U co ti v M x w M N O N Q Q 0 m 0 U c am E t U 0 r r Q Packet Pg. 126 8.H.a 5 Project Name Catholic Community Services: Katherine's House and Rita's House Target Area City of Kent Goals Supported Prevent Homelessness Needs Addressed Homeless Prevention Funding $14,000 Description Public Service: Sub -recipient provides shelter and case management services to women residing in transitional shelter. Target Date 12/31/2023 Estimate the number and type of families that will benefit from the proposed activities It is estimated that 2 homeless women will benefit from the program. Location Description City of Kent. Planned Activities Shelter and case management services to women 6 Project Name YWCA: Anita Vista Transitional Housing Target Area City of Kent Goals Supported Prevent Homelessness Needs Addressed Homeless Prevention Funding CDBG: $25,000 Description Public Service: Project provides transitional housing to domestic violence survivors and their children. Target Date 12/31/2023 Estimate the number and type of families that will benefit from the proposed activities It is estimated that 14 female domestic violence survivors and their children will benefit. Location Description City of Kent Planned Activities Transitional housing and services. 7 Project Name Open Doors for Multicultural Families: Family Support Program Target Area City of Kent Goals Supported Opportunity to Meet Basic Needs Annual Action Plan 23 2023 c R a c 0 U Q 0 c c Q M N 0 N 0 m 0 U co ti v M x w M N O N Q Q c� m 0 U c am E U 0 r r Q Packet Pg. 127 8.H.a Needs Addressed Opportunity to Meet Basic Needs Funding CDBG: $20,000 Description Public Services: This project provides case management services to families with intellectual disabilities. Target Date 12/31/2023 Estimate the number and type of families that will benefit from the proposed activities TBD Location Description City of Kent Planned Activities Case management services for families. 8 Project Name Puget Sound Training Center: Employment & Training Services Target Area City of Kent Goals Supported Support Economic Viability Needs Addressed Economic Viability Funding CDBG: $11,000 Description Public Services: This project provides employment and training services to under -served individuals. Target Date 12/31/2023 Estimate the number and type of families that will benefit from the proposed activities It is estimated that 44 underserved & unemployed individuals will benefit. Location Description City of Renton, near Kent border Planned Activities Employment Services & Training Services AP-50 Geographic Distribution - 91.420, 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed Historically, low/moderate-income households were dispersed throughout the City, and CDBG funds Annual Action Plan 24 2023 Packet Pg. 128 8.H.a were distributed accordingly. Geographic Distribution Target Area Percentage of Funds City of Kent 100 Table 8 - Geographic Distribution Rationale for the priorities for allocating investments geographically Because low/moderate-income families reside throughout Kent, investments will be dispersed where those families live. 100% of the City's funds will be targeted to address low/mod income residents of Kent and will address the high concentration of poverty in the adjacent areas. Discussion According to the American Community Survey (2022), the poverty rate in Kent is 11.3 %. This rate was determined post pandemic. According to Bureau of Labor and Statistics, the unemployment rate ranged from a low of 3.7% in July 2022 to a rate of 4.2% in December 2022. As the area continues to recover from the impacts of COVID-19 rates are expected to increase. Economic disadvantage and poverty associated with the pandemic led to increased dependence on public assistance and forced many households to use public services for basic needs, including food, utility assistance, rental assistance, medical services, childcare, etc. Housing costs continue to rise in Kent, as the COVID-19 Moratoriums have been removed. Landlord, owners, and residential properties are increasing rental rates. According to the apartment web service, Rent Cafe, the average cost for an apartment in Kent is $1,905 (average one -bedroom size), and this represents an 8% increase from the average cost over a year. AP-75 Barriers to affordable housing-91.420, 91.220a) Introduction Barriers to affordable housing include continued recovery from the pandemic, poverty, rental and other debt, insufficient down payment assistance, code restrictions, displacement, insufficient living wage job opportunities, and other economic and social factors. Ameliorating barriers to affordable housing is a priority for the City. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment In June 2021, the City adopted the Kent Housing Options Plan that identifies actionable code amendments that will increase overall residential building capacity. The plan assesses housing needs Annual Action Plan 25 2023 Packet Pg. 129 8.H.a including affordability at all income levels and adopts strategies to improve housing outcomes. Other identified strategies include strengthening partnerships, increasing access to homeownership, and adjusting development regulations to increase future potential for more housing inventory. In 2019 the City adopted a tax authorized by the State that allowed the City to recapture a portion of the existing sales tax. These funds support the development of affordable housing. Kent and other SKC cities are pooling those funds with SKHHP for the purpose of creating a Housing Capital Fund. The City also enacted a new tax for affordable housing and related housing services. The capital portion of those funds will also be pooled with SKHHP, and the City will use services dollars to programs that may include mental health and housing navigation, Discussion Human Services Division staff is also collaborating with Economic and Community Development staff on identifying opportunities for non-profit affordable housing developers to work in Kent. Work outlined in the Housing Options Plan will continue over the next several years. AP-85 Other Actions - 91.420, 91.220(k) Introduction The City of Kent is actively involved in many initiatives and ongoing commitments to improve the life of Kent residents. The City participates committees, boards, and works directly with agencies and organizations that provide services to enhance the level of quality of services in Kent and throughout South King County. The City is actively engaged with refugee and immigrant communities by staffing and facilitating the Kent Cultural Diversity Initiative Group (KC -DIG). The City of Kent is committed to eliminating racial inequities and improving outcomes for all racial groups to mirror the diversity of its community. We are continuously taking steps to face and dismantle institutional and structural barriers to ensure government policies and practices do not infringe upon the equal treatment and opportunity of all persons who live, work, and visit Kent. The City is in final development of the Racial Equity Strategic Plan which will go to the City Council later this spring. The Kent Human Services Commission and HSD staff continues to implement recommendations from the Community -Based Vision for Equitable Grantmaking developed in 2021. In addition, the City hired consultants to work with the Kent Human Services Commission and staff to prioritize and direct 2023- 2024 human services investments using a racial equity lens. Staff are evaluating the 2023-2024 human services funding cycle. The pandemic amplified social and economic factors that contributed to poor health outcomes, and economic impacts compounded with longstanding racial disparities preventing African American residents from accessing traditional pathways to wealth and economic security. In late 2022, Human Services staff recommended a Steering Committee be formed comprised of African American -led organizations, and stakeholders to better support Kent residents. The Steering Committee has begun Annual Action Plan 26 2023 Packet Pg. 130 8.H.a identifying priorities in services and programs, current funding gaps, future funding opportunities, and capacity building recommendations for African American -led organizations. The Steering Committee set an intention to primarily prioritize and focus on long-term planning efforts as the community continues with crisis response and recovery efforts, to achieve an equitable recovery. Actions planned to address obstacles to meeting underserved needs City staff engage with community partners to establish and build strong partnerships for human services and community development. Human Services Division staff will continue to work with Economic Development Division staff on outreach and engagement and provide recommendations on best practices to ensure culturally responsive service to under -served communities. This work incudes engaging with nonprofits, faith -based organizations, grassroots community groups, other government partners, and individuals who are historically underrepresented to learn how to overcome barriers. Staff will continue to work with Seattle Foundation and King County on the Communities of Opportunity Grant which provides funds to organizations whose activities reduce inequities in the areas of health, housing, and economic opportunities. The City will continue its partnership with Kent School District to improve outcomes for students. Kent's Human Services Manager will continue to participate in regional discussions about governance in the Seattle/King County homelessness system. Actions planned to foster and maintain affordable housing Kent operates a Home Repair program, providing repairs that maintain the health and safety of occupants and preserving the dwelling by addressing critical repairs. Home Repair programs are important in maintaining housing by preserving home ownership, allowing low-income seniors and disabled residents to stay stably housed. The City will continue its long-term collaboration and participation on Boards, committees, funding review teams; etc., to foster and maintain affordable housing for the South County Region. Through sub - regional efforts, City staff and stakeholders will engage in discussions with elected officials and Land Use and Planning Board members about the impact that affordable housing has on the long-term viability of the community. As part of the South King Housing and Homelessness Partnership project, staff will have the ability to participate in funding affordable housing capital projects in the subregion (through pooled funding the City of Kent is contributing to). The City will continue exploring opportunities to consider a low-income homebuyers assistance program, recognizing the importance of homeownership as a pathway to building assets for low- and Annual Action Plan 27 2023 Packet Pg. 131 8.H.a moderate -income residents. Actions planned to reduce lead -based paint hazards No actions are planned. Actions planned to reduce the number of poverty -level families City staff maintain relationships with local workforce development/job training programs such as ANEW, AJAC, and Orion to ensure residents have access to high quality training programs, and partners with the City's Economic and Community Development Division to increase opportunities to LEP and BIPOC residents. The City also collaborates with the Financial Empowerment Network. The City is planning to release an RFP to hire a consultant to create a Youth employment/Career development plan in partnership with Kent School District. Research data and coordination will help guide the City's planning process. Actions planned to develop institutional structure The City developed a plan to implement recommendations from an evaluation of the 2021-2023 Human Services Application Cycle (including CDBG) that was conducted by Equitable Futures. This development is currently underway. Actions planned to enhance coordination between public and private housing and social service agencies The City was instrumental in developing relationships between public and private housing and social service agencies and will continue to collaborate with these entities, including the Homeless Forum (a monthly meeting of housing and support service providers), South King County Joint Planners and Developers work Group, and the King County Housing Development Consortium. The South King County Housing and Homelessness Partnership will be a key driver of enhancing coordination in this area in 2023 as well. Discussion The City will continue engaging in efforts to support its residents; by giving funding priority to programs that, address goals outlined in the Five -Year Consolidated Plan and comply with federal regulations. Annual Action Plan 28 2023 Packet Pg. 132 8.H.a Program Specific Requirements AP-90 Program Specific Requirements - 91.420, 91.220(1)(1,2,4) Introduction The City of Kent will use CDBG funds to benefit low/moderate-income residents. The full amount allowable by regulation will be used for Public Services and Planning and Administration. The balance of funds will be used for housing rehabilitation services. The City will not receive program income from prior years. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(1)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float -funded activities 0 Total Program Income: 0 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% Annual Action Plan 29 2023 Packet Pg. 133 8.H.a Discussion The expressed goal of the CDBG Program is to reduce the number of people living in poverty. The City will use priority programs to benefit low/moderate-income individuals and households consistent with priorities outlined in the Consolidated Plan. Annual Action Plan 30 2023 Packet Pg. 134 8.1 440 KENT o f ,. V 3 I G N DATE: March 7, 2023 TO: Kent City Council SUBJECT: King County Parks Capital and Open Space Program — Capital Project Grant Agreement (Morrill Meadows Park) - Authorize MOTION: I move to accept grant funds in the amount of $500,000.00 from the King County Parks Capital and Open Space Program for the Morrill Meadows Park Renovation Project, amend the budget, authorize expenditure of funds, and authorize the Mayor to sign all necessary agreements and other documents, subject to terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: During 2022 the parks planning division applied for a capital grant from the King County Parks Capital and Open Space Program for the planned renovation project at Morrill Meadows Park. The county awarded us $500,000 for this project. BUDGET IMPACT: Parks Capital Budget SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Morrill Meadows Renovation -Exhibit (PDF) 03/02/23 Parks and Human Services Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 3/7/2023 7:00 PM MOVER: Zandria Michaud, Chair SECONDER: Toni Troutner, Councilmember AYES: Zandria Michaud, Toni Troutner Packet Pg. 135 City of Kent — Morrill Meadows Renovation — 6328751 Department/Division: Grant Recipient: Project: L19 King County PARKS CAPITAL AND OPEN SPACE PROGRAM CAPITAL PROJECT GRANT AGREEMENT Natural Resources and Parks / Parks and Recreation Citv of Kent Morrill Meadows Renovation Award Amount: $500,000.00 Term Period: Project#: 1144509 Contract#: 6328751 To November 30.2024 THIS AGREEMENT is a grant agreement entered into between City of Kent (the "Grant Recipient") and King County (the "County") (collectively the "Parties") for an active recreation, passive recreation, local trail, or other capital project in a park or recreational facility using a Parks Capital and Open Space Program grant. RECITALS A. Ordinance 18890, which took effect May 13, 2019, called for a special election to authorize the King County parks, recreation trails and open space levy. On August 6, 2019, King County voters approved the levy, which included funding for capital projects for active and passive recreation, local trails, or capital projects in parks and recreation facilities in order to construct new and improve existing recreation facilities to address the pressures of rapid growth in King County. B. Motion 15378, Section A. I., and Attachment A, further delineated the use of levy funds for the Parks Capital and Open Space Grants Program and the guidelines governing that use. C. Ordinance 19166, Attachment A established the grant award criteria and the process for the distribution of Parks Capital and Open Space Grants as well as the proposed composition of an advisory committee to review and make recommendations on the grant awards. D. King County, a home rule charter county and political subdivision of the State of Washington, is authorized to administer the Parks Capital and Open Space Grant Program and enter into agreements for the use of the grant funds with King County towns, cities, or metropolitan parks districts for capital projects for active and passive recreation, local trails, or capital projects in parks and recreation facilities. Packet Pg. 136 City of Kent — Morrill Meadows Renovation — 6328751 E. Grant Recipient is a City. F. The Parks Capital and Open Space Grant Program Advisory Committee has recommended an allocation of levy grant funds to specific projects, pursuant to Ordinance 19433. G. King County has selected Grant Recipient to receive a Parks Capital and Open Space Grant award in the amount of $500,000.00 ("Grant Award Funds") in order to construct, improve, or repair the Project described below and in the attached exhibits. NOW THEREFORE, in consideration of the promises, covenants, and other provisions set forth in this Agreement, the Parties agree as follows: GRANT AWARD TERMS AND CONDITIONS 1. DEFINITIONS 1.1 Project. The term "Project" means the design, development and construction of the Facility described in Exhibit A. Grant Award Funds available pursuant to this Agreement may only be used for the Project. To complete the Project, Grant Recipient shall use the Grant Award Funds to design, develop, and construct the Facility, as set forth in Exhibit B, consistent with the requirements set forth in this Agreement and in the following attached exhibits, which are incorporated herein by reference: ® Map of Facility and Location Attached hereto as Exhibit A ® Scope of Work Attached hereto as Exhibit B ® Project Budget Attached hereto as Exhibit C ® Insurance Requirements Attached hereto as Exhibit D ® Notice of Grant Attached hereto as Exhibit E 1.2 Map of Facility and Location. This Agreement applies to the Project to improve the park and recreational facility ("Facility") which is located at: 10600 SE 248th Street, Kent, WA. 98030 See Exhibit A for a depiction of the Facility and a map of specific Facility location and boundaries. 1.3 Scope of Work. Grant Recipient shall provide a scope of work ("Scope of Work"), attached hereto as Exhibit B, which describes the Project in detail and includes a description of the various design, development, permitting, and construction milestones required for completion of the Project and intended use of the Grant Packet Pg. 137 City of Kent — Morrill Meadows Renovation — 6328751 Award Funds. Grant Recipient shall apply the funds received from the County for the Project under this Agreement in accordance with the Scope of Work, attached hereto as Exhibit B. 1.4 Project Budget. Grant Recipient shall work with King County to develop a Project Budget, attached hereto as Exhibit C. King County shall provide the Grant Award Funds to the Grant Recipient to pay for costs and expenditures related to the Project, as set forth in Exhibits B and C. Grant Award Funds provided to Grant Recipient may only be used to pay for costs and expenditures related to the Project, as set forth in Exhibits B and C. 1.5 Contractor. Contractor shall include any contractor or consultant hired by Grant Recipient, including any of the contractor's or consultant's subcontractors or subconsultants. 2. EFFECTIVE DATE The Agreement shall be effective upon signature by both Parties ("Effective Date") 3. TERM The term ("Term") of this Agreement shall begin on the Effective Date and end on November 30, 2024. This Agreement shall remain in effect until such time as it is amended in writing or terminated as provided herein. 4. AMENDMENTS This Agreement together with the attached exhibits expressly incorporated herein by reference and attached hereto shall constitute the whole Agreement between the Parties. This Agreement may be amended only by an instrument, in writing, duly executed by the Parties. Either party may request changes to this Agreement, however, changes that deviate substantially from the proposal submitted to and approved by the Advisory Committee and the King County Council will need to be approved by those entities. 5. NOTICES Unless otherwise specified in the Agreement, all notices or documentation required or provided pursuant to this Agreement shall be in electronic form and shall be deemed duly given when received at the addresses first set forth below via electronic mail. KING COUNTY City of Kent Rusty Milholland Bryan Higgins Program Manager, Community Investments Parks Capital Project Manager King County Parks City of Kent 201 S Jackson Street Suite #5702 220 4th Ave. S Seattle, WA 98104 Kent, WA. 98032 206-848-0299 253-856-5113 rmilholland@kingcounty.gov bhiggins@kentwa.gov Either Party hereto may, at any time, by giving ten (10) days written notice to the other Party to designate any other address in substitution of the foregoing address to which Packet Pg. 138 City of Kent — Morrill Meadows Renovation — 6328751 such notice or communication shall be given. 6. DISBURSEMENT OF GRANT FUNDS 6.1 The County may authorize, at County's sole discretion, release of a portion of the Grant Award Funds to Grant Recipient, upon execution of this Agreement, and receipt of Grant Recipient's County -approved completed Scope of Work and Project Budget (see Section 1 and Exhibits B and Q. 6.2 The County shall initiate authorization for payment and disbursement of Grant Award Funds after approval of sufficiently detailed Project -related invoices submitted by Grant Recipient. The County shall make payment to Grant Recipient not more than thirty (30) days after a complete and accurate invoice and any other required documentation is received and approved. 6.3 Grant Recipient shall submit the final invoice, supporting documentation and any outstanding deliverables, as specified in the Scope of Work (Exhibit B) and Project Budget (Exhibit C), within thirty (30) days of the date this Agreement expires or is terminated. If the Grant Recipient's final invoice, supporting documentation and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to Grant Recipient of the amounts set forth in said invoice or any subsequent invoice. 7. GRANT REPORTING All Grant Award Funds received pursuant to this Agreement and accrued interest therefrom will be accounted for separately from all other Grant Recipient accounts and moneys. Until the Project is completed, and all proceeds provided pursuant to this Agreement have been expended, the Grant Recipient shall provide reports to the King County Project Manager on a schedule determined by the County. 8. COMPLETION OF THE PROJECT Grant Recipient shall complete the Project described in Section 1.1 and Exhibits A, B and C of this Agreement. If Grant Recipient cannot complete the Project, as specified by the Scope of Work and deliverables set forth in Exhibit B, the County shall be released from any obligation to fund the Project, and the County in its sole discretion may reallocate such funds for other projects in other jurisdictions. Pursuant to Section 19, Termination, this Agreement will be terminated if the Grant Recipient is unable or unwilling to expend the Grant Award Funds for the Project as provided in this Agreement. The Grant Recipient may not redirect Grant Award Funds for a purpose other than completion of the Project as approved by the Advisory Committee and King County Council. 9. COMMUNICATION AND KING COUNTY MILESTONE NOTIFICATION Grant Recipient shall recognize County as a "grant sponsor" for the Project in the following manner: 9.1 Events: Grant Recipient shall invite and recognize "King County Parks" at all events promoting the Project, and at the final Project dedication. 9.2 Community Relations: Grant Recipient shall recognize "King County Parks" as a Packet Pg. 139 City of Kent — Morrill Meadows Renovation — 6328751 "grant sponsor" in all social media, websites, brochures, banners, posters, press releases, and other promotional material related to the Project. 9.3 King County Parks Notification: Grant Recipient shall notify the King County Parks Project Manager 30 days prior to any major milestone, such as a groundbreaking or opening dates. 9.4 King County Council Notification: If Grant Recipient is a city or town notification to the King County Council 30 days prior to any major milestone, such as a groundbreaking or opening dates is, required. 9.5 Signage: Grant Recipient shall recognize "King County Parks" on any signage as a fonder/contributor of project/facility. Grant Recipient is required to use appropriate King County logo on any signage and communications. 10. DISPOSITION OF REMAINING GRANT AWARD FUNDS If Grant Recipient does not expend all proceeds obligated to be provided through this Agreement, such proceeds, if held by Grant Recipient, shall be refunded to the County. For purposes of this section, "proceeds" shall include all Grant Award Funds obligated to be provided by the County plus interest accrued by Grant Recipient on the grant funds. Any proceeds in excess of those required to be provided by the County for the actual costs of the Project shall remain with the County for use in its sole discretion. 11. PUBLIC ACCESS The Grant Award is provided to Grant Recipient for the Project for the purpose of land protection and recreation for the citizens of King County. Therefore, Grant Recipient and any successor in interest agree to maintain the Facility for public use as required by Ordinances 18890 and 19166, and the Parks Capital and Open Space Grant program requirements specified in Moton 15378. The Facility shall be open and accessible to the public at reasonable hours and times. Grant Recipient shall notify the public of the availability of use by posting and updating that information on its website and by maintaining at entrances and/or other locations openly visible signs with such information. Fees for use of the Facility shall be no greater than those generally charged by public operators of similar facilities in King County. Notwithstanding temporary closure for required maintenance or repairs, the minimum period of time Grant Recipient must ensure the Project is available for public use is thirty (30) years. If the Facility is retired or otherwise removed from use before the end of the thirty-year period, then the Grant Recipient shall reimburse the Grant Award Funds to King County Grant Recipient's duties under this Section 11 will survive the expiration or earlier termination of this Agreement. 12. NOTICE OF GRANT Upon completion of construction of the Facility, Grant Recipient shall record the executed Notice of Grant, attached hereto as Exhibit E. 13. CONSTRUCTION OF THE FACILITY Packet Pg. 140 City of Kent — Morrill Meadows Renovation — 6328751 13.1 Capital Improvements. Grant Recipient shall design, develop, and construct mutually agreed upon Facility, features, and amenities in accordance with all applicable design(s), timelines, restrictions, environmental considerations, permitting determinations, neighborhood impact mitigations, and all other requirements in coordination with King County Parks staff. All contracted work by Grant Recipient, its agents, representatives, or subcontractors, shall be bonded and properly insured to ensure the complete and safe design and construction of all facilities, features, and amenities. As between Grant Recipient and King County, Grant Recipient will be solely responsible to comply with all applicable authorities and to obtain all necessary permits, approvals, and endorsements for the Project. 13.2 Warranties. With respect to all warranties, express or implied, for work performed or materials supplied in connection with the Project, Grant Recipient shall: • Obtain all warranties, express or implied, that would be given in normal commercial practice from suppliers, manufacturers, contractors or installers; • Require all warranties be executed, in writing; • Be responsible to enforce any warranty of a contractor, subcontractor, manufacturer, or supplier. If, within an applicable warranty period, any part of the Facility or work performed to construct the Facility is found not to conform to specifications, permit requirements, or industry standard, Grant Recipient shall correct it promptly. 13.3 Right to Inspect- Construction. King County personnel or agents may inspect the construction project at any time provided that such persons observe due regard for workplace safety and security. King County may require Grant Recipient or its contractors to stop work if King County deems work stoppage necessary to remedy construction defects or to address risks to health, safety, or welfare. Grant Recipient specifically understands, acknowledges, and agrees that at a minimum, King County will inspect the Facility construction project before final completion of the Project. 13.4 Design. Grant Recipient has retained a licensed architect and/or licensed professional engineer, registered in the State of Washington, who will prepare a Project design for the Facility and exterior landscaping, which visually blends with the setting. King County shall review the design plans for the Project in concept and reserves the right to approve the final design of the Project, consistent with established zoning, design code, or both. 13.5 Construction Site/Work Fencing. Grant Recipient will be solely responsible for the site work, required permits, and grading for the Project. Grant Recipient will ensure the work area is properly Packet Pg. 141 City of Kent — Morrill Meadows Renovation — 6328751 barricaded, and will ensure that signage is installed, directing unauthorized persons not to enter onto the construction site during any phase of development or construction. Unless otherwise agreed by the Parties in writing, fencing will be placed around work areas. In addition, construction areas will be kept clean and organized during development periods. Grant Recipient will be responsible for site security, traffic, and pedestrian warnings at the site during the development and construction phases. 13.6 Alteration of Site or Facilitv after Construction. After the Facility is completed and accepted by Grant Recipient and King County as defined herein, Grant Recipient will not make any material alteration to the Facility, outside of maintenance without express, written consent by King County. King County's consent shall not be unreasonably withheld. 13.7 Development and Construction Fees and Expenses. Grant Recipient will be responsible to obtain and pay for all necessary permits, fees, and expenses associated with the Project. 13.8 Public Works Laws. To the extent applicable, Grant Recipient will comply with all public works laws, regulations, and ordinances, including but not limited to those related to prevailing wages (see RCW 39.12), retainage (see RCW 60.28), bonding (see RCW 39.08), use of licensed contractors (see RCW 39.06), and competitive bidding (see RCW 36.32 and RCW 35.21.278). Grant Recipient will indemnify and defend King County should it be sued or made the subject of an administrative investigation or hearing for a violation of such laws, regulations, and ordinances in connection with the improvements. 13.9 Contractor Indemnification and Hold Harmless. Grant Recipient will require its construction contractors and subcontractors to defend, indemnify, and hold King County, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorney's fees and costs, arising out of or in connection with the design, development, and construction of the Facility (hereinafter "Design and Construction Phase"), except for injuries and damages caused by the negligence of King County. 13.10 Minimum Scope and Limits of Insurance. Grant Recipient shall maintain, and/or require its Contractor(s) to maintain the minimum scope and limits of insurance as required in Exhibit D — Insurance Requirements. 14. INTERNAL CONTROL AND ACCOUNTING SYSTEM Grant Recipient shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards in accordance with Revised Code of Washington (RCW) Chapter 40.14. Packet Pg. 142 City of Kent — Morrill Meadows Renovation — 6328751 15. MAINTENANCE OF RECORDS 15.1 Grant Recipient shall maintain accounts and records, including personnel, property, financial, Project records, including Agreement deliverables, and other such records as may be deemed necessary by the County to ensure proper accounting for all Grant Award Funds and compliance with this Agreement. 15.2 These records shall be maintained for a period of six (6) years after the expiration or earlier termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with RCW Chapter 40.14. 15.3 Grant Recipient shall inform the County in writing of the location, if different from the Grant Recipient address listed in Section 5 of this Agreement of the aforesaid books, records, documents, and other evidence and shall notify the County in writing of any changes in location within ten (10) working days of any such relocation. 16. RIGHT TO INSPECT King County reserves the right to review and approve the performance of [Grant Recipient] with regard to this Agreement, and, at its sole discretion, to inspect or audit the Grant Recipient's records regarding this Agreement and the Project upon seventy-two (72) hours' notice during normal business hours. 17. COMPLIANCE WITH ALL LAWS AND REGULATIONS Grant Recipient shall comply with all applicable laws, ordinances and regulations in using funds provided by the County, including, without limitation, those relating to providing a safe working environment to employees and, specifically, the requirements of the Washington Industrial Safety and Health Act (WISHA); and, to the extent applicable, those related to "public works," payment of prevailing wages, and competitive bidding of contracts. The Grant Recipient specifically agrees to comply and pay all costs associated with achieving such compliance without notice from King County; and further agrees that King County, does not waive this Section by giving notice of demand for compliance in any instance. The Grant Recipient shall indemnify and defend the County should it be sued or made the subject of an administrative investigation or hearing for a violation of such laws related to this Agreement. 18. CORRECTIVE ACTION 18.1 If the County determines that a breach of contract has occurred or does not approve of the Grant Recipient's performance, it will give the Grant Recipient written notification of unacceptable performance. Grant Recipient will then take corrective action within a reasonable period of time, as may be defined by King County in its sole discretion in its written notification to Grant Recipient. 18.2 King County may withhold any payment owed Grant Recipient until the County is satisfied that corrective action has been taken or completed. 19. TERMINATION Packet Pg. 143 City of Kent — Morrill Meadows Renovation — 6328751 19.1 King County may terminate this Agreement in whole or in part, with or without cause, at any time during the Term of this Agreement, by providing Grant Recipient ten (10) days advance written notice of the termination. 19.2 If the termination results from acts or omissions of Grant Recipient, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, Grant Recipient shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to Grant Recipient by the County. 19.3 Any King County obligations under this Agreement beyond the current appropriation biennium are conditioned upon the County Council's appropriation of sufficient funds to support such obligations. If the Council does not approve such appropriation, then this Agreement will terminate automatically at the close of the current appropriation biennium. 19.4 The Agreement will be terminated if the Grant Recipient is unable or unwilling to expend the Grant Award Funds as specified in Section 1 and Exhibits B and C, or upon reimbursement by the Grant Recipient to the County of all unexpended proceeds provided by the County pursuant to this Agreement and payment of all amounts due pursuant to Section 6. 20. FUTURE SUPPORT; UTILITIES AND SERVICE The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted for herein except as expressly set forth in this Agreement. Grant Recipient understands, acknowledges, and agrees that the County shall not be liable to pay for or to provide any utilities or services in connection with the Project contemplated herein. 21. HOLD HARMLESS AND INDEMNIFICATION Grant Recipient shall protect, indemnify, and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) Grant Recipient's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) work, services, materials, or supplies performed or provided by Grant Recipient's employees or other suppliers in connection with or support of the performance of this Agreement. Grant Recipient further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Agreement by the Grant Recipient, its officers, employees, agents, representatives, or subcontractors. This duty to repay the County shall not be diminished or extinguished by the expiration or prior termination of the Agreement. Grant Recipient agrees for itself, its successors, and assigns, to defend, indemnify, and hold harmless King County, its appointed and elected officials, and employees from and against liability for all claims, demands, suits, and judgments, including costs of defense thereof, for injury to persons, death, or property damage which is caused by, arises out of, or is incidental to any use of or occurrence on the Project that is the subject of this Agreement, or Grant Recipient's exercise of rights and privileges granted by this Packet Pg. 144 City of Kent — Morrill Meadows Renovation — 6328751 Agreement, except to the extent of the County's sole negligence. Grant Recipient's obligations under this Section shall include: A. The duty to promptly accept tender of defense and provide defense to the County at the Grant Recipient's own expense; B. Indemnification of claims made by Grant Recipient's employees or agents; and C. Waiver of Grant Recipient's immunity under the industrial insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify King County, which waiver has been mutually negotiated by the parties. In the event it is necessary for the County to incur attorney's fees, legal expenses or other costs to enforce the provisions of this Section, all such fees, expenses and costs shall be recoverable from the Grant Recipient. In the event it is determined that RCW 4.24.115 applies to this Agreement, the Grant Recipient agrees to protect, defend, indemnify and save the County, its officers, officials, employees and agents from any and all claims, demands, suits, penalties, losses damages judgments, or costs of any kind whatsoever for bodily injury to persons or damage to property (hereinafter "claims"), arising out of or in any way resulting from the Grant Recipient's officers, employees, agents and/or subcontractors of all tiers, acts or omissions, performance of failure to perform the rights and privileges granted under this Agreement, to the maximum extent permitted by law or as defined by RCW 4.24.115, as now enacted or hereafter amended. A hold harmless provision to protect King County similar to this provision shall be included in all Agreements or subcontractor Agreements entered into by Grant Recipient in conjunction with this Agreement. Grant Recipient's duties under this Section 21 will survive the expiration or earlier termination of this Agreement. 22. NONDISCRIMINATION King County Code ("KCC") chapters 12.16 through 12.19 apply to this Agreement and are incorporated by this reference as if fully set forth herein. In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except minimum age and retirement provisions, unless based upon a bona fide occupational qualification. 23. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. 24. PROJECT MAINTENANCE; EQUIPMENT PURCHASE, MAINTENANCE, AND Packet Pg. 145 City of Kent — Morrill Meadows Renovation — 6328751 (IWNFR CATP A. As between the County and Grant Recipient, Grant Recipient shall be responsible to operate and maintain the completed Project at its own sole expense and risk. Grant Recipient shall maintain the completed Project in good working condition consistent with applicable standards and guidelines. Grant Recipient understands, acknowledges, and agrees that the County is not responsible to operate or to maintain the Project in any way. B. Grant Recipient shall be responsible for all property purchased pursuant to this Agreement, including the proper care and maintenance of any equipment. C. Grant Recipient shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment and materials purchased with Grant Award Funds. Grant Recipient's duties under this Section 24 shall survive the expiration of this Agreement. 25. ASSIGNMENT Grant Recipient shall not assign any portion of rights and obligations under this Agreement or transfer or assign any claim arising pursuant to this Agreement without the written consent of the County. Grant Recipient must seek such consent in writing not less than fifteen (15) days prior to the date of any proposed assignment. 26. WAIVER OF BREACH OR DEFAULT Waiver of breach of any provision in this Agreement shall not be deemed to be a waiver of any subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. Waiver of any default shall not be deemed to be a waiver of any subsequent defaults. 27. TAXES Grant Recipient agrees to pay on a current basis all taxes or assessments levied on its activities and property, including, without limitation, any leasehold excise tax due under RCW Chapter 82.29A; PROVIDED, however, that nothing contained herein will modify the right of the Grant Recipient to contest any such tax, and Grant Recipient shall not be deemed to be in default as long as it will, in good faith, be contesting the validity or amount of any such taxes. 28. WASHINGTON LAW CONTROLLING; WHERE ACTIONS BROUGHT This Agreement is made in and will be in accordance with the laws of the State of Washington, which will be controlling in any dispute that arises hereunder. Actions pertaining to this Agreement will be brought in King County Superior Court, King County, Washington. 29. PUBLIC DOCUMENT This Agreement will be considered a public document and will be available for inspection and copying by the public. 30. LEGAL RELATIONS Packet Pg. 146 City of Kent — Morrill Meadows Renovation — 6328751 Nothing contained herein will make, or be deemed to make, County and Grant Recipient a partner of one another, and this Agreement will not be construed as creating a partnership or joint venture. Nothing in this Agreement will create, or be deemed to create, any right, duty or obligation in any person or entity not a party to it. 31. PERMITS AND LICENSES Grant Recipient shall develop and run the Project in accordance with all applicable laws and regulatory requirements including environmental considerations, permitting determinations, and other legal requirements. All activities and improvements shall be performed by Grant Recipient at its sole expense and liability. Grant Recipient shall, at its sole cost and expense, apply for, obtain and comply with all necessary permits, licenses and approvals required for the Project, 32. INTERPRETATION OF COUNTY RULES AND REGULATIONS If there is any question regarding the interpretation of any County rule or regulation, the County decision will govern and will be binding upon the Grant Recipient. 33. ENTIRE AGREEMENT This Agreement, including its attachments, constitutes the entire Agreement between the County and Grant Recipient. It supersedes all other agreements and understandings between them, whether written, oral or otherwise. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the first date written. City of Kent By Title Date King County By Title Date Packet Pg. 147 8.I.a City of Kent — Morrill Meadows Renovation — 6328751 i �'1 EXHIBIT A - MAP OF FACILITY AND LOCATION Morrill Meadows • _ d 1 Y - t SE 249 ST— -- - PaINKS KENT Packet Pg. 148 City of Kent — Morrill Meadows Renovation — 6328751 EXHIBIT B - SCOPE OF WORK This project will renovate the playground, grass lawn, trails, and plaza space at Morrill Meadows Park. Activities/Milestones Estimated Completion Date 1 Site prep, earthwork and stormwater Dec 2023 2 Construction of hardscape and flatwork Dec 2023 3 Installation of playground and site furnishings Dec 2023 4 Irrigation and planting Dec 2023 5 Park Opening Jan 2024 Deliverables 100% Designs Packet Pg. 149 City of Kent — Morrill Meadows Renovation — 6328751 EXHIBIT C - PROJECT BUDGET Organization and Project Name: City of Kent- Morrill Meadows Renovation - Budget Project Tasks Project Costs Grant Request Planning / Design / Permits Planning and design $120,000 Permits $20,000 Construction / Installation / Materials General conditions/ TESC $80,722 site clearing and demolition $30,000 Earthwork $50,000 Storm Water $50,000 Hardscape and Flatwork $118,368 $100,000 Playground and Site Furnishings purchase $267,150 $250,000 Playground and Site Furnishings install $267,150 $150,000 Irrigation and planting $50,000 Other Contingency Tax $92,252 Project Management (Max 15% of grant) TOTALS $1,145,642 $500,000 Packet Pg. 150 City of Kent — Morrill Meadows Renovation — 6328751 EXHIBIT D - INSURANCE REQUIREMENTS 1. Insurance Requirements 1.1. Grant Recipient shall purchase and maintain, at its sole cost and expense, the minimum insurance set forth below. By requiring such minimum insurance, the County does not and shall not be deemed or construed to have assessed the risks that may be applicable to Grant Recipient, or any Contractor under this Agreement, or in any way limit the County's potential recovery to insurance limits required hereunder. To the contrary, this Agreement's insurance requirements may not in any way be construed as limiting any potential liability to the County or the County's potential recovery from Grant Recipient. Grant Recipient and any Contractor shall assess their own risks and if they deem appropriate and/or prudent, maintain greater limits and/or broader coverage. 1.2. Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded, which coverage shall apply to each insured to the full extent provided by the terms and conditions of the policy(s). Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Agreement. 1.3. Each insurance policy shall be written on an "occurrence" basis; excepting insurance for Professional Liability (Errors and Omissions), and/or Pollution Liability, and/or Cyber Liability (Technology Errors and Omissions). These coverages required by this Agreement may be written on a "claims made" basis. If coverage is approved and purchased on a "claims made" basis, the coverage provided under that insurance shall be maintained through: (i) consecutive policy renewals for not less than three (3) years from the date of completion of the Project which is subject of this Agreement or, if such renewals are unavailable, (ii) the purchase of a tail/extended reporting period for not less than three (3) years from the date of completion of the Project which is the subject of this Agreement. 2. Evidence and Cancellation of Insurance 2.1. Upon execution of the Agreement, and within thirty (30) days of request by the County, Grant Recipient shall furnish the County certificates of insurance and endorsements certifying the issuance of all insurance required by this Agreement. All evidence of insurance shall be signed by a properly authorized officer, agent, general agent, or qualified representative to the insurer(s), shall certify the name of the insured(s), the type and amount of insurance, the location and operations to which the insurance applies, the inception and expiration dates, shall specify the form numbers of any endorsements issued to satisfy this Agreement's insurance requirements, and shall state that the County shall receive notice at least thirty (30) days prior to the effective date of any cancellation, lapse, or material change in the policy(s). Similar documentation confirming renewal of required insurance shall be provided on each insurance renewal date. 2.2. The County reserves the right to require complete, certified copies of all required insurance policies, including all endorsements and riders, which may be redacted of any Packet Pg. 151 City of Kent — Morrill Meadows Renovation — 6328751 confidential or proprietary information. Grant Recipient shall deliver such policies to the County within five (5) business days of County's request. 2.3. County's receipt or acceptance of Grant Recipient's or any Contractor's evidence of insurance at any time without comment or objection, or County's failure to request certified copies of such insurance, does not waive, alter, modify, or invalidate any of the insurance requirements set forth in this Exhibit D or, consequently, constitute the County's acceptance of the adequacy of Grant Recipient's or any Contractor's insurance or preclude or prevent any action by County against Grant Recipient for breach of the requirements of this section. 3. Minimum Scope and Limits of Insurance 3.1. Grant Recipient shall maintain the following types of insurance and minimum insurance limits: 3.1.1. Commercial General Liability: $2,000,000 per occurrence and $4,000,000 in the aggregate for bodily injury, personal and advertising injury, and property damage. Coverage shall be at least as broad as that afforded under ISO form number CG 00 01. Such insurance shall include coverage for, but not limited to premises liability, products and completed operations, ongoing operations, and contractual liability. Limits may be satisfied by a single primary limit or by a combination of separate primary and umbrella or excess liability policies, provided that coverage under the latter shall be at least as broad as that afforded under the primary policy and satisfy all other requirements applicable to liability insurance including but not limited to additional insured status for the County. a. A per project aggregate endorsement shall apply to the General Liability policy. 3.1.2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Coverage shall be at least as broad as that afforded under ISO form number CA 00 01 covering BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the combination of symbols 2, 8, and 9. Limits may be satisfied by a single primary limit or by a combination of separate primary and umbrella or excess liability policies, provided that coverage under the latter shall be at least as broad as that afforded under the primary policy. 3.1.3. Workers Compensation: Workers Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this Project by applicable Federal or "Other States" State Law. 3.1.4. Employers Liability or "Stop Gap" coverage: $1,000,000 each occurrence and shall be at least as broad as the protection provided by the Workers Compensation policy Part 2 (Employers Liability), or, in monopolistic states including but not limited to Washington, the protection provided by the "Stop Gap" endorsement to the commercial general liability policy. Packet Pg. 152 City of Kent — Morrill Meadows Renovation — 6328751 3.1.5. Builder's Risk/Installation Floater Insurance: Grant Recipient or its Contractor(s) shall procure and maintain prior to and for the duration of the construction phase of the Project, "All Risk" Builder's Risk insurance or Installation Floater insurance at least as broad as ISO form number CP0020 (Builder's Risk Coverage Form) with ISO form number CP0020 (Causes of Loss — Special Form). 4. Other Insurance Provisions and Requirements 4.1. All insurance policies purchased and maintained by Grant Recipient and any Contractor required in this Agreement shall contain, or be endorsed to contain the following provisions: 4.1.1. With respect to all liability policies except Professional Liability (Errors and Omissions) and Workers Compensation: 4.1.1.1. King County, its officials, employees and agents shall be covered as additional insured for full coverage and policy limits as respects liability arising out of activities performed by or on behalf of the Grant Recipient, its agents, representatives, employees, or Contractor(s) in connection with this Agreement. Additional Insured status shall include products -completed operations CG 20 100 11/85 or its substantive equivalent. The County requires the endorsement(s) to complete the Agreement. 4.1.2. With respect to all liability policies (except Workers Compensation): 4.1.2.1. Coverage shall be primary insurance as respects the County, its officials, employees and agents. Any insurance and/or self-insurance maintained by the County, its officials, employees or agents shall not contribute with any [Grant Recipient's], or Contractor(s) insurance or benefit the Grant Recipient, or any Contractor, or their respective insurers in any way. 4.1.2.2. Insurance shall expressly state that it applies separately to each insured and additional insured against whom a claim is made and/or lawsuit is brought, except with respect to the limits of insurer's liability. 5. Waiver of Subrogation 5.1. Grant Recipient, its Contractor(s), and their respective insurance carriers release and waive all rights of subrogation against King County, its officials, agents and employees for damages caused by fire or other perils which can be insured by a property insurance policy. This provision shall be valid and enforceable only to the extent permissible by the applicable property insurance policies. 6. Deductibles/Self-Insured Retentions 6.1. Any deductible and/or self -insured retention of the policies shall not in any way limit the County's right to coverage under the required insurance, or to Grant Recipient's, or any Contractor's liability to the County, and shall in all instances be the sole responsibility of Grant Recipient or its Contractor, even if no claim has been made or asserted against them. 7. Acceptability of Insurers 7.1. Unless otherwise approved by the County, insurance is to be placed with insurers with an A.M. Best rating of no less than ANIII. Packet Pg. 153 City of Kent — Morrill Meadows Renovation — 6328751 7.2. Professional Liability (Errors and Omissions) insurance may be placed with insurers with an A.M. Best rating of no less than B+:VII. 7.3. If at any time any of the foregoing policies fail to meet the above stated requirements, [Grant Recipient] shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with the appropriate certificates and endorsements, for review. 8. Self -Insurance 8.1. If the Grant Recipient is a governmental entity or municipal corporation, Grant Recipient may maintain a fully funded self-insurance program or participate in an insurance pool for the protection and handling of its liabilities including injuries to persons and damage to property. 9. Contractors 9.1. Grant Recipient shall include all Contractors as insureds under its policies or, alternatively, Grant Recipient must require each of its Contractors to procure and maintain appropriate and reasonable insurance coverage and insurance limits to cover each of the Contractor's liabilities given the scope of work and services being provided herein. To the extent reasonably commercially available, insurance maintained by any Contractor must comply with the specified requirements of this Exhibit D, including the requirement that all liability insurance policies (except Professional Liability and Workers Compensation) provided by the Contractor(s) must include the County, its officials, agents and employees as additional insured for full coverage and policy limits. Grant Recipient is obligated to require and verify that each Contractor(s) to maintain the required insurance and ensure the County is included as additional insured. Upon request by the County, and within five (5) business days, Grant Recipient must provide evidence of each Contractor(s) insurance coverage, including endorsements. 10. Work Site Safety 10.1. Grant Recipient shall have the "right to control" and bear the sole responsibility for the job site conditions, and job site safety. Grant Recipient shall comply with all applicable federal, state and local safety regulations governing the job site, employees, and Contractors. Packet Pg. 154 City of Kent — Morrill Meadows Renovation — 6328751 EXHIBIT E — NOTICE OF GRANT Upon Recording Return To: King County Department of Natural Resources and Parks Parks and Recreation Division 201 S Jackson Street, KSC-NR-5702 Seattle, WA 98104-3855 Document Title: Reference No. of Related Document: Legal Description: Assessor's Parcel No.: NOTICE OF GRANT This Notice of Grant is effective as of the day of , 202—, and is made and executed by the Parks Capital and Open Space Grant recipient, the City of Kent and King County (the "County"), a political subdivision of the State of Washington. The City is the owner of the in King County, State of Washington (the "Property"), legally described and attached hereto in Exhibit A. Pursuant to a Parks Capital and Open Space Grant Agreement, between the King County and the City, dated ("Grant Agreement"), attached hereto as Exhibit B, the City has constructed a Facility Improvement to the "Facility" on the Property for the purpose of providing recreation for the public. A map of the Property and Facility is attached hereto as Exhibit C. The City hereby agrees to be bound by the terms of the Grant Agreement including the obligation to ensure public access to the Facility. IN WITNESS WHEREOF, the City and King County have executed this Notice of Grant on the date set forth above. City of Kent By: Name: Its: STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) KING COUNTY By: _ Name: Its: Packet Pg. 155 City of Kent — Morrill Meadows Renovation — 6328751 I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of the CITY OF KENT to be the free and voluntary act of such parry for the uses and purposes mentioned in the instrument. Dated: NOTARY PUBLIC Print Name: My Commission Expires: STATE OF WASHINGTON ) ) ss. COUNTY OF KING I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of KING COUNTY, a political subdivision of the State of Washington, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: NOTARY PUBLIC Print Name: My Commission Expires: Packet Pg. 156 City of Kent — Morrill Meadows Renovation — 6328751 Page Break NOTICE OF GRANT EXHIBIT A - LEGAL DESCRIPTION Packet Pg. 157 City of Kent — Morrill Meadows Renovation — 6328751 NOTICE OF GRANT EXHIBIT B - GRANT AGREEMENT Packet Pg. 158 City of Kent — Morrill Meadows Renovation — 6328751 NOTICE OF GRANT EXHIBIT C - PROPERTY AND FACILITY MAP Packet Pg. 159 8.J KENT WASH IN G T O N DATE: March 7, 2023 TO: Kent City Council SUBJECT: King County Parks Capital and Open Space Program — Capital Project Grant Agreement (Salt Air Vista Park) - Authorize MOTION: I move to accept grant funds in the amount of $338,000.00 from King County Parks Capital and Open Space Program for the Salt Air Vista Park Renovation Project, amend the budget, authorize expenditure of funds, and authorize the Mayor to sign all necessary agreements and other documents, subject to terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: During 2022 the parks planning division applied for a capital grant from the King County Parks Capital and Open Space Program for the planned renovation project at Salt Air Vista Park. The county awarded us $338,000 for this project. BUDGET IMPACT: Parks Capital Budget SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Salt —Air —Vista —Grant -Exhibit (PDF) 03/02/23 Parks and Human Services Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 3/7/2023 7:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Zandria Michaud, Chair AYES: Zandria Michaud, Toni Troutner Packet Pg. 160 City of Kent — Salt Air Vista Park Renovation — 6328750 8.J.a Department/Division: Grant Recipient: Project: L19 King County PARKS CAPITAL AND OPEN SPACE PROGRAM CAPITAL PROJECT GRANT AGREEMENT Natural Resources and Parks / Parks and Recreation Citv of Kent Salt Air Vista Park Renovation Award Amount: $338,000.00 Term Period: Project# 1144509 Contract#: 6328750 To November 30.2023 THIS AGREEMENT is a grant agreement entered into between City of Kent (the "Grant Recipient") and King County (the "County") (collectively the "Parties") for an active recreation, passive recreation, local trail, or other capital project in a park or recreational facility using a Parks Capital and Open Space Program grant. RECITALS A. Ordinance 18890, which took effect May 13, 2019, called for a special election to authorize the King County parks, recreation trails and open space levy. On August 6, 2019, King County voters approved the levy, which included funding for capital projects for active and passive recreation, local trails, or capital projects in parks and recreation facilities in order to construct new and improve existing recreation facilities to address the pressures of rapid growth in King County. B. Motion 15378, Section A. I., and Attachment A, further delineated the use of levy funds for the Parks Capital and Open Space Grants Program and the guidelines governing that use. C. Ordinance 19166, Attachment A established the grant award criteria and the process for the distribution of Parks Capital and Open Space Grants as well as the proposed composition of an advisory committee to review and make recommendations on the grant awards. D. King County, a home rule charter county and political subdivision of the State of Washington, is authorized to administer the Parks Capital and Open Space Grant Program and enter into agreements for the use of the grant funds with King County towns, cities, or metropolitan parks districts for capital projects for active and passive recreation, local trails, or capital projects in parks and recreation facilities. Packet Pg. 161 8.J.a City of Kent — Salt Air Vista Park Renovation — 6328750 E. Grant Recipient is a City. F. The Parks Capital and Open Space Grant Program Advisory Committee has recommended an allocation of levy grant funds to specific projects, pursuant to Ordinance 19433. G. King County has selected Grant Recipient to receive a Parks Capital and Open Space Grant award in the amount of $338,000.00 ("Grant Award Funds") in order to design, develop, construct, improve, or repair the Project described below and in the attached exhibits. This includes reimbursement for any design, development, and construction the Grant Recipient already completed for the Project after, May 10, 2022, of the grant award. NOW THEREFORE, in consideration of the promises, covenants, and other provisions set forth in this Agreement, the Parties agree as follows: GRANT AWARD TERMS AND CONDITIONS 1. DEFINITIONS 1.1 Project. The term "Project" means the design, development and construction of the Facility described in Exhibit A. Grant Award Funds available pursuant to this Agreement may only be used for the Project. To complete the Project, Grant Recipient shall use the Grant Award Funds to design, develop, and construct the Facility, as set forth in Exhibit B, consistent with the requirements set forth in this Agreement and in the following attached exhibits, which are incorporated herein by reference: ® Map of Facility and Location Attached hereto as Exhibit A ® Scope of Work Attached hereto as Exhibit B ® Project Budget Attached hereto as Exhibit C ® Insurance Requirements Attached hereto as Exhibit D ® Notice of Grant Attached hereto as Exhibit E 1.2 Map of Facility and Location. This Agreement applies to the Project to improve the park and recreational facility ("Facility") which is located at: 24615 26th PL S, Kent, WA. 98032 See Exhibit A for a depiction of the Facility and a map of specific Facility location and boundaries. 1.3 Scope of Work. Grant Recipient shall provide a scope of work ("Scope of Work"), Packet Pg. 162 8.J.a City of Kent — Salt Air Vista Park Renovation — 6328750 attached hereto as Exhibit B, which describes the Project in detail and includes a description of the various design, development, permitting, and construction milestones required for completion of the Project and intended use of the Grant Award Funds. Grant Recipient shall apply the funds received from the County for the Project under this Agreement in accordance with the Scope of Work, attached hereto as Exhibit B. 1.4 Project Budget. Grant Recipient shall work with King County to develop a Project Budget, attached hereto as Exhibit C. King County shall provide the Grant Award Funds to the Grant Recipient to pay for costs and expenditures related to the Project, as set forth in Exhibits B and C. Grant Award Funds provided to Grant Recipient may only be used to pay for costs and expenditures related to the Project, as set forth in Exhibits B and C. Grant Recipient is specifically authorized to use grant funds as reimbursement for any design, development, permitting, and construction that has already been completed for the Project after, May 10, 2022. 1.5 Contractor. Contractor shall include any contractor or consultant hired by Grant Recipient, including any of the contractor's or consultant's subcontractors or subconsultants. 2. EFFECTIVE DATE The Agreement shall be effective upon signature by both Parties ("Effective Date") 3. TERM The term ("Term") of this Agreement shall begin on the Effective Date and end on November 30, 2023. This Agreement shall remain in effect until such time as it is amended in writing or terminated as provided herein. 4. AMENDMENTS This Agreement together with the attached exhibits expressly incorporated herein by reference and attached hereto shall constitute the whole Agreement between the Parties. This Agreement may be amended only by an instrument, in writing, duly executed by the Parties. Either party may request changes to this Agreement, however, changes that deviate substantially from the proposal submitted to and approved by the Advisory Committee and the King County Council will need to be approved by those entities. 5. NOTICES Unless otherwise specified in the Agreement, all notices or documentation required or provided pursuant to this Agreement shall be in electronic form and shall be deemed duly given when received at the addresses first set forth below via electronic mail. KING COUNTY City of Kent Rusty Milholland Bryan Higgins Program Manager, Community Investments Parks Capital Project Manager King County Parks City of Kent 201 S Jackson Street Suite #5702 220 4th Ave. S Seattle, WA 98104 Kent, WA. 98032 Packet Pg. 163 8.J.a City of Kent — Salt Air Vista Park Renovation — 6328750 206-848-0299 253-856-5113 rmilholland@kingcounty.gov bhiggins@kentwa.gov Either Party hereto may, at any time, by giving ten (10) days written notice to the other Party to designate any other address in substitution of the foregoing address to which such notice or communication shall be given. 6. DISBURSEMENT OF GRANT FUNDS 6.1 The County may authorize, at County's sole discretion, release of a portion of the Grant Award Funds to Grant Recipient, upon execution of this Agreement, and receipt of Grant Recipient's County -approved completed Scope of Work and Project Budget (see Section 1 and Exhibits B and Q. 6.2 The County shall initiate authorization for payment and disbursement of Grant Award Funds after approval of sufficiently detailed Project -related invoices submitted by Grant Recipient. The County shall make payment to Grant Recipient not more than thirty (30) days after a complete and accurate invoice and any other required documentation is received and approved. 6.3 Grant Recipient shall submit the final invoice, supporting documentation and any outstanding deliverables, as specified in the Scope of Work (Exhibit B) and Project Budget (Exhibit C), within thirty (30) days of the date this Agreement expires or is terminated. If the Grant Recipient's final invoice, supporting documentation and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to Grant Recipient of the amounts set forth in said invoice or any subsequent invoice. 7. GRANT REPORTING All Grant Award Funds received pursuant to this Agreement and accrued interest therefrom will be accounted for separately from all other Grant Recipient accounts and moneys. Until the Project is completed, and all proceeds provided pursuant to this Agreement have been expended, the Grant Recipient shall provide reports to the King County Project Manager on a schedule determined by the County. 8. COMPLETION OF THE PROJECT Grant Recipient shall complete the Project described in Section 1.1 and Exhibits A, B and C of this Agreement. If Grant Recipient cannot complete the Project, as specified by the Scope of Work and deliverables set forth in Exhibit B, the County shall be released from any obligation to fund the Project, and the County in its sole discretion may reallocate such funds for other projects in other jurisdictions. Pursuant to Section 19, Termination, this Agreement will be terminated if the Grant Recipient is unable or unwilling to expend the Grant Award Funds for the Project as provided in this Agreement. The Grant Recipient may not redirect Grant Award Funds for a purpose other than completion of the Project as approved by the Advisory Committee and King County Council. Packet Pg. 164 8.J.a City of Kent — Salt Air Vista Park Renovation — 6328750 9. COMMUNICATION AND KING COUNTY MILESTONE NOTIFICATION Grant Recipient shall recognize County as a "grant sponsor" for the Project in the following manner: 9.1 Events: Grant Recipient shall invite and recognize "King County Parks" at all events promoting the Project, and at the final Project dedication. 9.2 Community Relations: Grant Recipient shall recognize "King County Parks" as a "grant sponsor" in all social media, websites, brochures, banners, posters, press releases, and other promotional material related to the Project. 9.3 King County Parks Notification: Grant Recipient shall notify the King County Parks Project Manager 30 days prior to any major milestone, such as a groundbreaking or opening dates. 9.4 King County Council Notification: If Grant Recipient is a city or town notification to the King County Council 30 days prior to any major milestone, such as a groundbreaking or opening dates is, required. 9.5 Signage: Grant Recipient shall recognize "King County Parks" on any signage as a fonder/contributor of project/facility. Grant Recipient is required to use appropriate King County logo on any signage and communications. 10. DISPOSITION OF REMAINING GRANT AWARD FUNDS If Grant Recipient does not expend all proceeds obligated to be provided through this Agreement, such proceeds, if held by Grant Recipient, shall be refunded to the County. For purposes of this section, "proceeds" shall include all Grant Award Funds obligated to be provided by the County plus interest accrued by Grant Recipient on the grant funds. Any proceeds in excess of those required to be provided by the County for the actual costs of the Project shall remain with the County for use in its sole discretion. 11. PUBLIC ACCESS The Grant Award is provided to Grant Recipient for the Project for the purpose of land protection and recreation for the citizens of King County. Therefore, Grant Recipient and any successor in interest agree to maintain the Facility for public use as required by Ordinances 18890 and 19166, and the Parks Capital and Open Space Grant program requirements specified in Moton 15378. The Facility shall be open and accessible to the public at reasonable hours and times. Grant Recipient shall notify the public of the availability of use by posting and updating that information on its website and by maintaining at entrances and/or other locations openly visible signs with such information. Fees for use of the Facility shall be no greater than those generally charged by public operators of similar facilities in King County. Notwithstanding temporary closure for required maintenance or repairs, the minimum period of time Grant Recipient must ensure the Project is available for public use is thirty (30) years. If the Facility is retired or otherwise removed from use before the end of the thirty-year period, then the Grant Recipient shall reimburse the Grant Award Funds to Packet Pg. 165 City of Kent — Salt Air Vista Park Renovation — 6328750 8.J.a King County. Grant Recipient's duties under this Section 11 will survive the expiration or earlier termination of this Agreement. 12. NOTICE OF GRANT Upon completion of construction of the Facility, Grant Recipient shall record the executed Notice of Grant, attached hereto as Exhibit E. 13. CONSTRUCTION OF THE FACILITY 13.1 Capital Improvements. Grant Recipient shall design, develop, and construct mutually agreed upon Facility, features, and amenities in accordance with all applicable design(s), timelines, restrictions, environmental considerations, permitting determinations, neighborhood impact mitigations, and all other requirements in coordination with King County Parks staff. All contracted work by Grant Recipient, its agents, representatives, or subcontractors, shall be bonded and properly insured to ensure the complete and safe design and construction of all facilities, features, and amenities. As between Grant Recipient and King County, Grant Recipient will be solely responsible to comply with all applicable authorities and to obtain all necessary permits, approvals, and endorsements for the Project. 13.2 Warranties. With respect to all warranties, express or implied, for work performed or materials supplied in connection with the Project, Grant Recipient shall: • Obtain all warranties, express or implied, that would be given in normal commercial practice from suppliers, manufacturers, contractors or installers; • Require all warranties be executed, in writing; • Be responsible to enforce any warranty of a contractor, subcontractor, manufacturer, or supplier. If, within an applicable warranty period, any part of the Facility or work performed to construct the Facility is found not to conform to specifications, permit requirements, or industry standard, Grant Recipient shall correct it promptly. 13.3 Right to Inspect- Construction. King County personnel or agents may inspect the construction project at any time provided that such persons observe due regard for workplace safety and security. King County may require Grant Recipient or its contractors to stop work if King County deems work stoppage necessary to remedy construction defects or to address risks to health, safety, or welfare. Grant Recipient specifically understands, acknowledges, and agrees that at a minimum, King County will inspect the Facility construction project before final completion of the Project. 13.4 Design. Intentionally deleted. Packet Pg. 166 8.J.a City of Kent — Salt Air Vista Park Renovation — 6328750 13.5 Construction Site/Work Fencing. Grant Recipient will be solely responsible for the site work, required permits, and grading for the Project. Grant Recipient will ensure the work area is properly barricaded, and will ensure that signage is installed, directing unauthorized persons not to enter onto the construction site during any phase of development or construction. Unless otherwise agreed by the Parties in writing, fencing will be placed around work areas. In addition, construction areas will be kept clean and organized during development periods. Grant Recipient will be responsible for site security, traffic, and pedestrian warnings at the site during the development and construction phases. 13.6 Alteration of Site or Facilitv after Construction. After the Facility is completed and accepted by Grant Recipient and King County as defined herein, Grant Recipient will not make any material alteration to the Facility, outside of maintenance without express, written consent by King County. King County's consent shall not be unreasonably withheld. 13.7 Development and Construction Fees and Expenses. Grant Recipient will be responsible to obtain and pay for all necessary permits, fees, and expenses associated with the Project. 13.8 Public Works Laws. To the extent applicable, Grant Recipient will comply with all public works laws, regulations, and ordinances, including but not limited to those related to prevailing wages (see RCW 39.12), retainage (see RCW 60.28), bonding (see RCW 39.08), use of licensed contractors (see RCW 39.06), and competitive bidding (see RCW 36.32 and RCW 35.21.278). Grant Recipient will indemnify and defend King County should it be sued or made the subject of an administrative investigation or hearing for a violation of such laws, regulations, and ordinances in connection with the improvements. 13.9 Contractor Indemnification and Hold Harmless. Grant Recipient will require its construction contractors and subcontractors to defend, indemnify, and hold King County, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorney's fees and costs, arising out of or in connection with the design, development, and construction of the Facility (hereinafter "Design and Construction Phase"), except for injuries and damages caused by the negligence of King County. 13.1 Minimum Scope and Limits of Insurance. Grant Recipient shall maintain, and/or require its Contractor(s) to maintain the minimum scope and limits of insurance as required in Exhibit D — Insurance Requirements. 14. INTERNAL CONTROL AND ACCOUNTING SYSTEM Grant Recipient shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards in accordance with Revised Code of Washington (RCW) Chapter 40.14. Packet Pg. 167 8.J.a City of Kent — Salt Air Vista Park Renovation — 6328750 15. MAINTENANCE OF RECORDS 15.1 Grant Recipient shall maintain accounts and records, including personnel, property, financial, Project records, including Agreement deliverables, and other such records as may be deemed necessary by the County to ensure proper accounting for all Grant Award Funds and compliance with this Agreement. 15.2 These records shall be maintained for a period of six (6) years after the expiration or earlier termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with RCW Chapter 40.14. 15.3 Grant Recipient shall inform the County in writing of the location, if different from the Grant Recipient address listed in Section 5 of this Agreement of the aforesaid books, records, documents, and other evidence and shall notify the County in writing of any changes in location within ten (10) working days of any such relocation. 16. RIGHT TO INSPECT King County reserves the right to review and approve the performance of [Grant Recipient] with regard to this Agreement, and, at its sole discretion, to inspect or audit the Grant Recipient's records regarding this Agreement and the Project upon seventy-two (72) hours' notice during normal business hours. 17. COMPLIANCE WITH ALL LAWS AND REGULATIONS Grant Recipient shall comply with all applicable laws, ordinances and regulations in using funds provided by the County, including, without limitation, those relating to providing a safe working environment to employees and, specifically, the requirements of the Washington Industrial Safety and Health Act (WISHA); and, to the extent applicable, those related to "public works," payment of prevailing wages, and competitive bidding of contracts. The Grant Recipient specifically agrees to comply and pay all costs associated with achieving such compliance without notice from King County; and further agrees that King County, does not waive this Section by giving notice of demand for compliance in any instance. The Grant Recipient shall indemnify and defend the County should it be sued or made the subject of an administrative investigation or hearing for a violation of such laws related to this Agreement. 18. CORRECTIVE ACTION 18.1 If the County determines that a breach of contract has occurred or does not approve of the Grant Recipient's performance, it will give the Grant Recipient written notification of unacceptable performance. Grant Recipient will then take corrective action within a reasonable period of time, as may be defined by King County in its sole discretion in its written notification to Grant Recipient. 18.2 King County may withhold any payment owed Grant Recipient until the County is satisfied that corrective action has been taken or completed. 19. TERMINATION 19.1 King County may terminate this Agreement in whole or in part, with or without Packet Pg. 168 8.J.a City of Kent — Salt Air Vista Park Renovation — 6328750 cause, at any time during the Term of this Agreement, by providing Grant Recipient ten (10) days advance written notice of the termination. 19.2 If the termination results from acts or omissions of Grant Recipient, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, Grant Recipient shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to Grant Recipient by the County. 19.3 Any King County obligations under this Agreement beyond the current appropriation biennium are conditioned upon the County Council's appropriation of sufficient funds to support such obligations. If the Council does not approve such appropriation, then this Agreement will terminate automatically at the close of the current appropriation biennium. 19.4 The Agreement will be terminated if the Grant Recipient is unable or unwilling to expend the Grant Award Funds as specified in Section 1 and Exhibits B and C, or upon reimbursement by the Grant Recipient to the County of all unexpended proceeds provided by the County pursuant to this Agreement and payment of all amounts due pursuant to Section 6. 20. FUTURE SUPPORT; UTILITIES AND SERVICE The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted for herein except as expressly set forth in this Agreement. Grant Recipient understands, acknowledges, and agrees that the County shall not be liable to pay for or to provide any utilities or services in connection with the Project contemplated herein. 21. HOLD HARMLESS AND INDEMNIFICATION Grant Recipient shall protect, indemnify, and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) Grant Recipient's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) work, services, materials, or supplies performed or provided by Grant Recipient's employees or other suppliers in connection with or support of the performance of this Agreement. Grant Recipient further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Agreement by the Grant Recipient, its officers, employees, agents, representatives, or subcontractors. This duty to repay the County shall not be diminished or extinguished by the expiration or prior termination of the Agreement. Grant Recipient agrees for itself, its successors, and assigns, to defend, indemnify, and hold harmless King County, its appointed and elected officials, and employees from and against liability for all claims, demands, suits, and judgments, including costs of defense thereof, for injury to persons, death, or property damage which is caused by, arises out of, or is incidental to any use of or occurrence on the Project that is the subject of this Agreement, or Grant Recipient's exercise of rights and privileges granted by this Packet Pg. 169 City of Kent — Salt Air Vista Park Renovation — 6328750 8.J.a Agreement, except to the extent of the County's sole negligence. Grant Recipient's obligations under this Section shall include: A. The duty to promptly accept tender of defense and provide defense to the County at the Grant Recipient's own expense; B. Indemnification of claims made by Grant Recipient's employees or agents; and C. Waiver of Grant Recipient's immunity under the industrial insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify King County, which waiver has been mutually negotiated by the parties. In the event it is necessary for the County to incur attorney's fees, legal expenses or other costs to enforce the provisions of this Section, all such fees, expenses and costs shall be recoverable from the Grant Recipient. In the event it is determined that RCW 4.24.115 applies to this Agreement, the Grant Recipient agrees to protect, defend, indemnify and save the County, its officers, officials, employees and agents from any and all claims, demands, suits, penalties, losses damages judgments, or costs of any kind whatsoever for bodily injury to persons or damage to property (hereinafter "claims"), arising out of or in any way resulting from the Grant Recipient's officers, employees, agents and/or subcontractors of all tiers, acts or omissions, performance of failure to perform the rights and privileges granted under this Agreement, to the maximum extent permitted by law or as defined by RCW 4.24.115, as now enacted or hereafter amended. A hold harmless provision to protect King County similar to this provision shall be included in all Agreements or subcontractor Agreements entered into by Grant Recipient in conjunction with this Agreement. Grant Recipient's duties under this Section 21 will survive the expiration or earlier termination of this Agreement. 22. NONDISCRIMINATION King County Code ("KCC") chapters 12.16, through 12.19 apply to this Agreement and are incorporated by this reference as if fully set forth herein. In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except minimum age and retirement provisions, unless based upon a bona fide occupational qualification. 23. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. 24. PROJECT MAINTENANCE; EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP Packet Pg. 170 8.J.a City of Kent — Salt Air Vista Park Renovation — 6328750 A. As between the County and Grant Recipient, Grant Recipient shall be responsible to operate and maintain the completed Project at its own sole expense and risk. Grant Recipient shall maintain the completed Project in good working condition consistent with applicable standards and guidelines. Grant Recipient understands, acknowledges, and agrees that the County is not responsible to operate or to maintain the Project in any way. B. Grant Recipient shall be responsible for all property purchased pursuant to this Agreement, including the proper care and maintenance of any equipment. C. Grant Recipient shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment and materials purchased with Grant Award Funds. Grant Recipient's duties under this Section 24 shall survive the expiration of this Agreement. 25. ASSIGNMENT Grant Recipient shall not assign any portion of rights and obligations under this Agreement or transfer or assign any claim arising pursuant to this Agreement without the written consent of the County. Grant Recipient must seek such consent in writing not less than fifteen (15) days prior to the date of any proposed assignment. 26. WAIVER OF BREACH OR DEFAULT Waiver of breach of any provision in this Agreement shall not be deemed to be a waiver of any subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. Waiver of any default shall not be deemed to be a waiver of any subsequent defaults. 27. TAXES Grant Recipient agrees to pay on a current basis all taxes or assessments levied on its activities and property, including, without limitation, any leasehold excise tax due under RCW Chapter 82.29A; PROVIDED, however, that nothing contained herein will modify the right of the Grant Recipient to contest any such tax, and Grant Recipient shall not be deemed to be in default as long as it will, in good faith, be contesting the validity or amount of any such taxes. 28. WASHINGTON LAW CONTROLLING; WHERE ACTIONS BROUGHT This Agreement is made in and will be in accordance with the laws of the State of Washington, which will be controlling in any dispute that arises hereunder. Actions pertaining to this Agreement will be brought in King County Superior Court, King County, Washington. 29. PUBLIC DOCUMENT This Agreement will be considered a public document and will be available for inspection and copying by the public. 30. LEGAL RELATIONS Nothing contained herein will make, or be deemed to make, County and Grant Recipient a Packet Pg. 171 City of Kent — Salt Air Vista Park Renovation — 6328750 8.J.a partner of one another, and this Agreement will not be construed as creating a partnership or joint venture. Nothing in this Agreement will create, or be deemed to create, any right, duty or obligation in any person or entity not a party to it. 31. PERMITS AND LICENSES Grant Recipient shall develop and run the Project in accordance with all applicable laws and regulatory requirements including environmental considerations, permitting determinations, and other legal requirements. All activities and improvements shall be performed by Grant Recipient at its sole expense and liability. Grant Recipient shall, at its sole cost and expense, apply for, obtain and comply with all necessary permits, licenses and approvals required for the Project. 32. INTERPRETATION OF COUNTY RULES AND REGULATIONS If there is any question regarding the interpretation of any County rule or regulation, the County decision will govern and will be binding upon the Grant Recipient. 33. ENTIRE AGREEMENT This Agreement, including its attachments, constitutes the entire Agreement between the County and Grant Recipient. It supersedes all other agreements and understandings between them, whether written, oral or otherwise. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the first date written. City of Kent By Title Date King County By Title Date Packet Pg. 172 8.J.a City of Kent — Salt Air Vista Park Renovation — 6328750 EXHIBIT A — MAP OF FACILITY AND LOCATION Y Q Packet Pg. 173 City of Kent— Salt Air Vista Park Renovation— 6328750 8.J.a LQ King County if L YourBigBae4yard EXHIBIT B — SCOPE OF WORK Levy Grant Capital and Open Space Grants Scope of Services This project will update this neighborhood park with an all new playground, add swings, and improve neighborhood connections. Activities/Milestones Estimated Completion Date 1 Installation of playground equipment and surface 11/1/2022 2 Construction of improvements 11/1/2022 3 Construction of hardscape and site furnishings 11/1/2022 Deliverables 100% bid plans Packet Pg. 174 8.J.a City of Kent— Salt Air Vista Park Renovation— 6328750 EXHIBIT C — PROJECT BUDGET Organization and Project Name: City of Kent- Salt Air Vista Park Renovation Project Tasks Project Costs Grant Request Planning /Design /Permits Planning and design $200,000 Permits $30,000 Construction / Installation / Materials Playground Equipment $225,000 $183,500 Playground Surfacing $50,000 $30,000 Landscape Improvements $50,000 $77,950 Stormwater Improvements $175,000 $6,550 Hardscape and Site Furnishings $75,000 $40,000 Trail Improvements $40,000 Other Contingency Tax $62,115 Project Management (Max 15% of grant) TOTALS $907,115 $338,000 Packet Pg. 175 8.J.a City of Kent — Salt Air Vista Park Renovation — 6328750 EXHIBIT D — INSURANCE REQUIREMENTS 1. Insurance Requirements 1. Grant Recipient shall purchase and maintain, at its sole cost and expense, the minimum insurance set forth below. By requiring such minimum insurance, the County does not and shall not be deemed or construed to have assessed the risks that may be applicable to Grant Recipient, or any Contractor under this Agreement, or in any way limit the County's potential recovery to insurance limits required hereunder. To the contrary, this Agreement's insurance requirements may not in any way be construed as limiting any potential liability to the County or the County's potential recovery from Grant Recipient. Grant Recipient and any Contractor shall assess their own risks and if they deem appropriate and/or prudent, maintain greater limits and/or broader coverage. 2. Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded, which coverage shall apply to each insured to the full extent provided by the terms and conditions of the policy(s). Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Agreement. 3. Each insurance policy shall be written on an "occurrence" basis; excepting insurance for Professional Liability (Errors and Omissions), and/or Pollution Liability, and/or Cyber Liability (Technology Errors and Omissions). These coverages required by this Agreement may be written on a "claims made" basis. If coverage is approved and purchased on a "claims made" basis, the coverage provided under that insurance shall be maintained through: (i) consecutive policy renewals for not less than three (3) years from the date of completion of the Project which is subject of this Agreement or, if such renewals are unavailable, (ii) the purchase of a tail/extended reporting period for not less than three (3) years from the date of completion of the Project which is the subject of this Agreement. 2. Evidence and Cancellation of Insurance 1. Upon execution of the Agreement, and within thirty (30) days of request by the County, Grant Recipient shall furnish the County certificates of insurance and endorsements certifying the issuance of all insurance required by this Agreement. All evidence of insurance shall be signed by a properly authorized officer, agent, general agent, or qualified representative to the insurer(s), shall certify the name of the insured(s), the type and amount of insurance, the location and operations to which the insurance applies, the inception and expiration dates, shall specify the form numbers of any endorsements issued to satisfy this Agreement's insurance requirements, and shall state that the County shall receive notice at least thirty (30) days prior to the effective date of any cancellation, lapse, or material change in the policy(s). Similar Packet Pg. 176 8.J.a City of Kent — Salt Air Vista Park Renovation — 6328750 documentation confirming renewal of required insurance shall be provided on each insurance renewal date. 2. The County reserves the right to require complete, certified copies of all required insurance policies, including all endorsements and riders, which may be redacted of any confidential or proprietary information. Grant Recipient shall deliver such policies to the County within five (5) business days of County's request. 3. County's receipt or acceptance of Grant Recipient's or any Contractor's evidence of insurance at any time without comment or objection, or County's failure to request certified copies of such insurance, does not waive, alter, modify, or invalidate any of the insurance requirements set forth in this Exhibit D or, consequently, constitute the County's acceptance of the adequacy of Grant Recipient's or any Contractor's insurance or preclude or prevent any action by County against Grant Recipient for breach of the requirements of this section. 3. Minimum Scope and Limits of Insurance 1. Grant Recipient shall maintain the following types of insurance and minimum insurance limits: 1. Commercial General Liability: $2,000,000 per occurrence and $4,000,000 in the aggregate for bodily injury, personal and advertising injury, and property damage. Coverage shall be at least as broad as that afforded under ISO form number CG 00 01. Such insurance shall include coverage for, but not limited to premises liability, products and completed operations, ongoing operations, and contractual liability. Limits may be satisfied by a single primary limit or by a combination of separate primary and umbrella or excess liability policies, provided that coverage under the latter shall be at least as broad as that afforded under the primary policy and satisfy all other requirements applicable to liability insurance including but not limited to additional insured status for the County. a. A per project aggregate endorsement shall apply to the General Liability policy. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Coverage shall be at least as broad as that afforded under ISO form number CA 00 01 covering BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the combination of symbols 2, 8, and 9. Limits may be satisfied by a single primary limit or by a combination of separate primary and umbrella or excess liability policies, provided that coverage under the latter shall be at least as broad as that afforded under the primary policy. 3. Workers Compensation: Workers Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this Project by applicable Federal or "Other States" State Law. 4. Employers Liability or "Stop Gap" coverage: $1,000,000 each occurrence and shall be at least as broad as the protection provided by the Workers Compensation policy Part 2 (Employers Liability), or, in monopolistic states Packet Pg. 177 8.J.a City of Kent — Salt Air Vista Park Renovation — 6328750 including but not limited to Washington, the protection provided by the "Stop Gap" endorsement to the commercial general liability policy. 5. Builder's Risk/Installation Floater Insurance: Grant Recipient or its Contractor(s) shall procure and maintain prior to and for the duration of the construction phase of the Project, "All Risk" Builder's Risk insurance or Installation Floater insurance at least as broad as ISO form number CP0020 (Builder's Risk Coverage Form) with ISO form number CP0020 (Causes of Loss — Special Form). The coverage shall insure for direct physical loss to property of the entire term of the Project, for 100% of the replacement value and include coverage for flood and earthquake. Policy shall include a waiver of subrogation in favor of Grant Recipient and King County. 4. Other Insurance Provisions and Requirements 1. All insurance policies purchased and maintained by Grant Recipient and any Contractor required in this Agreement shall contain, or be endorsed to contain the following provisions: 1. With respect to all liability policies except Professional Liability (Errors and Omissions) and Workers Compensation: 1. King County, its officials, employees and agents shall be covered as additional insured for full coverage and policy limits as respects liability arising out of activities performed by or on behalf of the Grant Recipient, its agents, representatives, employees, or Contractor(s) in connection with this Agreement. Additional Insured status shall include products -completed operations CG 20 100 11/85 or its substantive equivalent. The County requires the endorsement(s) to complete the Agreement. 2. With respect to all liability policies (except Workers Compensation): 1. Coverage shall be primary insurance as respects the County, its officials, employees and agents. Any insurance and/or self-insurance maintained by the County, its officials, employees or agents shall not contribute with any [Grant Recipient's], or Contractor(s) insurance or benefit the Grant Recipient, or any Contractor, or their respective insurers in any way. 2. Insurance shall expressly state that it applies separately to each insured and additional insured against whom a claim is made and/or lawsuit is brought, except with respect to the limits of insurer's liability. 5. Waiver of Subrogation 1. Grant Recipient, its Contractor(s), and their respective insurance carriers release and waive all rights of subrogation against King County, its officials, agents and employees for damages caused by fire or other perils which can be insured by a property insurance policy. This provision shall be valid and enforceable only to the extent permissible by the applicable property insurance policies. 6. Deductibles/Self-Insured Retentions 1. Any deductible and/or self -insured retention of the policies shall not in any way limit the County's right to coverage under the required insurance, or to Grant Packet Pg. 178 8.J.a City of Kent — Salt Air Vista Park Renovation — 6328750 Recipient's, or any Contractor's liability to the County, and shall in all instances be the sole responsibility of Grant Recipient or its Contractor, even if no claim has been made or asserted against them. 7. Acceptability of Insurers 1. Unless otherwise approved by the County, insurance is to be placed with insurers with an A.M. Best rating of no less than A:VIII. 2. Professional Liability (Errors and Omissions) insurance may be placed with insurers with an A.M. Best rating of no less than B+:VII. 3. If at any time any of the foregoing policies fail to meet the above stated requirements, Grant Recipient shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with the appropriate certificates and endorsements, for review. 8. Self -Insurance 1. If the Grant Recipient is a governmental entity or municipal corporation, Grant Recipient may maintain a fully funded self-insurance program or participate in an insurance pool for the protection and handling of its liabilities including injuries to persons and damage to property. 9. Contractors 1. Grant Recipient shall include all Contractors as insureds under its policies or, alternatively, Grant Recipient must require each of its Contractors to procure and maintain appropriate and reasonable insurance coverage and insurance limits to cover each of the Contractor's liabilities given the scope of work and services being provided herein. To the extent reasonably commercially available, insurance maintained by any Contractor must comply with the specified requirements of this Exhibit D, including the requirement that all liability insurance policies (except Professional Liability and Workers Compensation) provided by the Contractor(s) must include the County, its officials, agents and employees as additional insured for full coverage and policy limits. Grant Recipient is obligated to require and verify that each Contractor(s) to maintain the required insurance and ensure the County is included as additional insured. Upon request by the County, and within five (5) business days, Grant Recipient must provide evidence of each Contractor(s) insurance coverage, including endorsements. 10. Work Site Safety 1. Grant Recipient shall have the "right to control" and bear the sole responsibility for the job site conditions, and job site safety. Grant Recipient shall comply with all applicable federal, state and local safety regulations governing the job site, employees, and Contractors. Packet Pg. 179 City of Kent — Salt Air Vista Park Renovation — 6328750 8.J.a EXHIBIT E — NOTICE OF GRANT Upon Recording Return To: King County Department of Natural Resources and Parks Parks and Recreation Division 201 S Jackson Street, KSC-NR-5702 Seattle, WA 98104-3855 Document Title: Reference No. of Related Document: Legal Description: Assessor's Parcel No.: NOTICE OF GRANT This Notice of Grant is effective as of the day of , 202—, and is made and executed by the Parks Capital and Open Space Grant recipient, the City of Kent and King County (the "County"), a political subdivision of the State of Washington. The City is the owner of the in King County, State of Washington (the "Property"), legally described and attached hereto in Exhibit A. Pursuant to a Parks Capital and Open Space Grant Agreement, between the King County and the City, dated ("Grant Agreement"), attached hereto as Exhibit B, the City has constructed a Facility Improvement to the "Facility" on the Property for the purpose of providing recreation for the public. A map of the Property and Facility is attached hereto as Exhibit C. The City hereby agrees to be bound by the terms of the Grant Agreement including the obligation to ensure public access to the Facility. IN WITNESS WHEREOF, the City and King County have executed this Notice of Grant on the date set forth above. City of Kent By: Name: Its: KING COUNTY By: Name: Its: Packet Pg. 180 City of Kent — Salt Air Vista Park Renovation — 6328750 8.J.a STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of the CITY OF KENT to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: NOTARY PUBLIC Print Name: My Commission Expires: STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of KING COUNTY, a political subdivision of the State of Washington, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: NOTARY PUBLIC Print Name: My Commission Expires: Packet Pg. 181 City of Kent — Salt Air Vista Park Renovation — 6328750 8.J.a NOTICE OF GRANT EXHIBIT A - LEGAL DESCRIPTION Md 00 ti M Q Packet Pg. 182 City of Kent — Salt Air Vista Park Renovation — 6328750 8.J.a NOTICE OF GRANT EXHIBIT B - GRANT AGREEMENT L a L_ Q Cn L 3 Q c 'L^ V Q cc U N L cc a. c 0 0 U c .. 00 ti M Q Packet Pg. 183 City of Kent — Salt Air Vista Park Renovation — 6328750 8.J.a NOTICE OF GRANT EXHIBIT C - PROPERTY AND FACILITY MAP Packet Pg. 184 8.K 440 KENT o f ,. V 3 I G N DATE: March 7, 2023 TO: Kent City Council SUBJECT: King County Parks Capital and Open Space Program — Capital Project Grant Agreement (Regional Trails Enhancement Project) - Authorize MOTION: I move to accept grant funds in the amount of $206,437.00 from the King County Parks Capital and Open Space Program for the Regional Trails Enhancement Project, amend the budget, authorize expenditure of funds, and authorize the Mayor to sign all necessary agreements and other documents, subject to terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: During 2022 the parks planning division applied for a capital grant from the King County Parks Capital and Open Space Program for the Regional Trails Enhancement Project. The county awarded us $206,437 for this project. BUDGET IMPACT: Parks Capital Budget SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Reg ional_Trails_Enhancements_Grant-Exhibit (PDF) 03/02/23 Parks and Human Services Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 3/7/2023 7:00 PM MOVER: Zandria Michaud, Chair SECONDER: Toni Troutner, Councilmember AYES: Zandria Michaud, Toni Troutner Packet Pg. 185 City of Kent — Regional Trails Enhancements — 6328753 8.K.a Department/Division: Grant Recipient: Project: LIQ King County PARKS CAPITAL AND OPEN SPACE PROGRAM CAPITAL PROJECT GRANT AGREEMENT Natural Resources and Parks / Parks and Recreation Citv of Kent Regional Trails Enhancements Award Amount: $206,437.00 Term Period: Project#: 1144509 Contract#: 6328753 To November 30.2025 THIS AGREEMENT is a grant agreement entered into between City of Kent (the "Grant Recipient") and King County (the "County") (collectively the "Parties") for an active recreation, passive recreation, local trail, or other capital project in a park or recreational facility using a Parks Capital and Open Space Program grant. RECITALS A. Ordinance 18890, which took effect May 13, 2019, called for a special election to authorize the King County parks, recreation trails and open space levy. On August 6, 2019, King County voters approved the levy, which included funding for capital projects for active and passive recreation, local trails, or capital projects in parks and recreation facilities in order to construct new and improve existing recreation facilities to address the pressures of rapid growth in King County. B. Motion 15378, Section A. I., and Attachment A, further delineated the use of levy funds for the Parks Capital and Open Space Grants Program and the guidelines governing that use. C. Ordinance 19166, Attachment A established the grant award criteria and the process for the distribution of Parks Capital and Open Space Grants as well as the proposed composition of an advisory committee to review and make recommendations on the grant awards. D. King County, a home rule charter county and political subdivision of the State of Washington, is authorized to administer the Parks Capital and Open Space Grant Program and enter into agreements for the use of the grant funds with King County towns, cities, or metropolitan parks districts for capital projects for active and passive recreation, local trails, or capital projects in parks and recreation facilities. Packet Pg. 186 8.K.a City of Kent — Regional Trails Enhancements — 6328753 E. Grant Recipient is a City. F. The Parks Capital and Open Space Grant Program Advisory Committee has recommended an allocation of levy grant funds to specific projects, pursuant to Ordinance 19433. G. King County has selected Grant Recipient to receive a Parks Capital and Open Space Grant award in the amount of $206,437.00 ("Grant Award Funds") in order to design, develop, construct, improve, or repair the Project described below and in the attached exhibits. NOW THEREFORE, in consideration of the promises, covenants, and other provisions set forth in this Agreement, the Parties agree as follows: GRANT AWARD TERMS AND CONDITIONS 1. DEFINITIONS 1.1 Project. The term "Project" means the design, development and construction of the Facility described in Exhibit A. Grant Award Funds available pursuant to this Agreement may only be used for the Project. To complete the Project, Grant Recipient shall use the Grant Award Funds to design, develop, and construct the Facility, as set forth in Exhibit B, consistent with the requirements set forth in this Agreement and in the following attached exhibits, which are incorporated herein by reference: ® Map of Facility and Location Attached hereto as Exhibit A ® Scope of Work Attached hereto as Exhibit B ® Project Budget Attached hereto as Exhibit C ® Insurance Requirements Attached hereto as Exhibit D ® Notice of Grant Attached hereto as Exhibit E 1.2 Map of Facility and Location. This Agreement applies to the Project to improve the park and recreational facility ("Facility") which is located at: 25900 74th AVE S, KENT, WA. 98032 See Exhibit A for a depiction of the Facility and a map of specific Facility location and boundaries. 1.3 Scope of Work. Grant Recipient shall provide a scope of work ("Scope of Work"), attached hereto as Exhibit B, which describes the Project in detail and includes a description of the various design, development, permitting, and construction milestones required for completion of the Project and intended use of the Grant Packet Pg. 187 8.K.a City of Kent — Regional Trails Enhancements — 6328753 Award Funds. Grant Recipient shall apply the funds received from the County for the Project under this Agreement in accordance with the Scope of Work, attached hereto as Exhibit B. 1.4 Project Budget. Grant Recipient shall work with King County to develop a Project Budget, attached hereto as Exhibit C. King County shall provide the Grant Award Funds to the Grant Recipient to pay for costs and expenditures related to the Project, as set forth in Exhibits B and C. Grant Award Funds provided to Grant Recipient may only be used to pay for costs and expenditures related to the Project, as set forth in Exhibits B and C. 1.5 Contractor. Contractor shall include any contractor or consultant hired by Grant Recipient, including any of the contractor's or consultant's subcontractors or subconsultants. 2. EFFECTIVE DATE The Agreement shall be effective upon signature by both Parties ("Effective Date") 3. TERM The term ("Term") of this Agreement shall begin on the Effective Date and end on November 30, 2025. This Agreement shall remain in effect until such time as it is amended in writing or terminated as provided herein. 4. AMENDMENTS This Agreement together with the attached exhibits expressly incorporated herein by reference and attached hereto shall constitute the whole Agreement between the Parties. This Agreement may be amended only by an instrument, in writing, duly executed by the Parties. Either party may request changes to this Agreement, however, changes that deviate substantially from the proposal submitted to and approved by the Advisory Committee and the King County Council will need to be approved by those entities. 5. NOTICES Unless otherwise specified in the Agreement, all notices or documentation required or provided pursuant to this Agreement shall be in electronic form and shall be deemed duly given when received at the addresses first set forth below via electronic mail. KING COUNTY City of Kent Rusty Milholland Bryan Higgins Program Manager, Community Investments Parks Capital Project Manager King County Parks City of Kent 201 S Jackson Street Suite #5702 220 4th Ave. S Seattle, WA 98104 Kent, WA. 98032 206-848-0299 253-856-5113 rmilholland@kingcounty.gov bhiggins@kentwa.gov Either Party hereto may, at any time, by giving ten (10) days written notice to the other Party to designate any other address in substitution of the foregoing address to which Packet Pg. 188 8.K.a City of Kent — Regional Trails Enhancements — 6328753 such notice or communication shall be given. 6. DISBURSEMENT OF GRANT FUNDS 6.1 The County may authorize, at County's sole discretion, release of a portion of the Grant Award Funds to Grant Recipient, upon execution of this Agreement, and receipt of Grant Recipient's County -approved completed Scope of Work and Project Budget (see Section 1 and Exhibits B and Q. 6.2 The County shall initiate authorization for payment and disbursement of Grant Award Funds after approval of sufficiently detailed Project -related invoices submitted by Grant Recipient. The County shall make payment to Grant Recipient not more than thirty (30) days after a complete and accurate invoice and any other required documentation is received and approved. 6.3 Grant Recipient shall submit the final invoice, supporting documentation and any outstanding deliverables, as specified in the Scope of Work (Exhibit B) and Project Budget (Exhibit C), within thirty (30) days of the date this Agreement expires or is terminated. If the Grant Recipient's final invoice, supporting documentation and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to Grant Recipient of the amounts set forth in said invoice or any subsequent invoice. 7. GRANT REPORTING All Grant Award Funds received pursuant to this Agreement and accrued interest therefrom will be accounted for separately from all other Grant Recipient accounts and moneys. Until the Project is completed, and all proceeds provided pursuant to this Agreement have been expended, the Grant Recipient shall provide reports to the King County Project Manager on a schedule determined by the County. 8. COMPLETION OF THE PROJECT Grant Recipient shall complete the Project described in Section 1.1 and Exhibits A, B and C of this Agreement. If Grant Recipient cannot complete the Project, as specified by the Scope of Work and deliverables set forth in Exhibit B, the County shall be released from any obligation to fund the Project, and the County in its sole discretion may reallocate such funds for other projects in other jurisdictions. Pursuant to Section 19, Termination, this Agreement will be terminated if the Grant Recipient is unable or unwilling to expend the Grant Award Funds for the Project as provided in this Agreement. The Grant Recipient may not redirect Grant Award Funds for a purpose other than completion of the Project as approved by the Advisory Committee and King County Council. 9. COMMUNICATION AND KING COUNTY MILESTONE NOTIFICATION Grant Recipient shall recognize County as a "grant sponsor" for the Project in the following manner: 9.1 Events: Grant Recipient shall invite and recognize "King County Parks" at all events promoting the Project, and at the final Project dedication. 9.2 Community Relations: Grant Recipient shall recognize "King County Parks" as a Packet Pg. 189 City of Kent — Regional Trails Enhancements — 6328753 8.K.a "grant sponsor" in all social media, websites, brochures, banners, posters, press releases, and other promotional material related to the Project. 9.3 King County Parks Notification: Grant Recipient shall notify the King County Parks Project Manager 30 days prior to any major milestone, such as a groundbreaking or opening dates. 9.4 King County Council Notification: If Grant Recipient is a city or town notification to the King County Council 30 days prior to any major milestone, such as a groundbreaking or opening dates is, required. 9.5 Signage: Grant Recipient shall recognize "King County Parks" on any signage as a fonder/contributor of project/facility. Grant Recipient is required to use appropriate King County logo on any signage and communications. 10. DISPOSITION OF REMAINING GRANT AWARD FUNDS If Grant Recipient does not expend all proceeds obligated to be provided through this Agreement, such proceeds, if held by Grant Recipient, shall be refunded to the County. For purposes of this section, "proceeds" shall include all Grant Award Funds obligated to be provided by the County plus interest accrued by Grant Recipient on the grant funds. Any proceeds in excess of those required to be provided by the County for the actual costs of the Project shall remain with the County for use in its sole discretion. 11. PUBLIC ACCESS The Grant Award is provided to Grant Recipient for the Project for the purpose of land protection and recreation for the citizens of King County. Therefore, Grant Recipient and any successor in interest agree to maintain the Facility for public use as required by Ordinances 18890 and 19166, and the Parks Capital and Open Space Grant program requirements specified in Moton 15378. The Facility shall be open and accessible to the public at reasonable hours and times. Grant Recipient shall notify the public of the availability of use by posting and updating that information on its website and by maintaining at entrances and/or other locations openly visible signs with such information. Fees for use of the Facility shall be no greater than those generally charged by public operators of similar facilities in King County. Notwithstanding temporary closure for required maintenance or repairs, the minimum period of time Grant Recipient must ensure the Project is available for public use is thirty (30) years. If the Facility is retired or otherwise removed from use before the end of the thirty-year period, then the Grant Recipient shall reimburse the Grant Award Funds to King County. Grant Recipient's duties under this Section 11 will survive the expiration or earlier termination of this Agreement. 12. NOTICE OF GRANT Upon completion of construction of the Facility, Grant Recipient shall record the executed Notice of Grant, attached hereto as Exhibit E. 13. CONSTRUCTION OF THE FACILITY Packet Pg. 190 City of Kent — Regional Trails Enhancements — 6328753 8.K.a 13.1 Capital Improvements. Grant Recipient shall design, develop, and construct mutually agreed upon Facility, features, and amenities in accordance with all applicable design(s), timelines, restrictions, environmental considerations, permitting determinations, neighborhood impact mitigations, and all other requirements in coordination with King County Parks staff. All contracted work by Grant Recipient, its agents, representatives, or subcontractors, shall be bonded and properly insured to ensure the complete and safe design and construction of all facilities, features, and amenities. As between Grant Recipient and King County, Grant Recipient will be solely responsible to comply with all applicable authorities and to obtain all necessary permits, approvals, and endorsements for the Project. 13.2 Warranties. With respect to all warranties, express or implied, for work performed or materials supplied in connection with the Project, Grant Recipient shall: • Obtain all warranties, express or implied, that would be given in normal commercial practice from suppliers, manufacturers, contractors or installers; • Require all warranties be executed, in writing; • Be responsible to enforce any warranty of a contractor, subcontractor, manufacturer, or supplier. If, within an applicable warranty period, any part of the Facility or work performed to construct the Facility is found not to conform to specifications, permit requirements, or industry standard, Grant Recipient shall correct it promptly. 13.3 Right to Inspect- Construction. King County personnel or agents may inspect the construction project at any time provided that such persons observe due regard for workplace safety and security. King County may require Grant Recipient or its contractors to stop work if King County deems work stoppage necessary to remedy construction defects or to address risks to health, safety, or welfare. Grant Recipient specifically understands, acknowledges, and agrees that at a minimum, King County will inspect the Facility construction project before final completion of the Project. 13.4 Design. Grant Recipient has retained a licensed architect and/or licensed professional engineer, registered in the State of Washington, who will prepare a Project design for the Facility and exterior landscaping, which visually blends with the setting. King County shall review the design plans for the Project in concept and reserves the right to approve the final design of the Project, consistent with established zoning, design code, or both. 13.5 Construction Site/Work Fencing. Grant Recipient will be solely responsible for the site work, required permits, and grading for the Project. Grant Recipient will ensure the work area is properly Packet Pg. 191 8.K.a City of Kent — Regional Trails Enhancements — 6328753 barricaded, and will ensure that signage is installed, directing unauthorized persons not to enter onto the construction site during any phase of development or construction. Unless otherwise agreed by the Parties in writing, fencing will be placed around work areas. In addition, construction areas will be kept clean and organized during development periods. Grant Recipient will be responsible for site security, traffic, and pedestrian warnings at the site during the development and construction phases. 13.6 Alteration of Site or Facility after Construction. After the Facility is completed and accepted by Grant Recipient and King County as defined herein, Grant Recipient will not make any material alteration to the Facility, outside of maintenance without express, written consent by King County. King County's consent shall not be unreasonably withheld. 13.7 Development and Construction Fees and Expenses. Grant Recipient will be responsible to obtain and pay for all necessary permits, fees, and expenses associated with the Project. 13.8 Public Works Laws. To the extent applicable, Grant Recipient will comply with all public works laws, regulations, and ordinances, including but not limited to those related to prevailing wages (see RCW 39.12), retainage (see RCW 60.28), bonding (see RCW 39.08), use of licensed contractors (see RCW 39.06), and competitive bidding (see RCW 36.32 and RCW 35.21.278). Grant Recipient will indemnify and defend King County should it be sued or made the subject of an administrative investigation or hearing for a violation of such laws, regulations, and ordinances in connection with the improvements. 13.9 Contractor Indemnification and Hold Harmless. Grant Recipient will require its construction contractors and subcontractors to defend, indemnify, and hold King County, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorney's fees and costs, arising out of or in connection with the design, development, and construction of the Facility (hereinafter "Design and Construction Phase"), except for injuries and damages caused by the negligence of King County. 13.1 OMinimum Scope and Limits of Insurance. Grant Recipient shall maintain, and/or require its Contractor(s) to maintain the minimum scope and limits of insurance as required in Exhibit D — Insurance Requirements. 14. INTERNAL CONTROL AND ACCOUNTING SYSTEM Grant Recipient shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards in accordance with Revised Code of Washington (RCW) Chapter 40.14. Packet Pg. 192 8.K.a City of Kent — Regional Trails Enhancements — 6328753 15. MAINTENANCE OF RECORDS 15.1 Grant Recipient shall maintain accounts and records, including personnel, property, financial, Project records, including Agreement deliverables, and other such records as may be deemed necessary by the County to ensure proper accounting for all Grant Award Funds and compliance with this Agreement. 15.2 These records shall be maintained for a period of six (6) years after the expiration or earlier termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with RCW Chapter 40.14. 15.3 Grant Recipient shall inform the County in writing of the location, if different from the Grant Recipient address listed in Section 5 of this Agreement of the aforesaid books, records, documents, and other evidence and shall notify the County in writing of any changes in location within ten (10) working days of any such relocation. 16. RIGHT TO INSPECT King County reserves the right to review and approve the performance of Grant Recipient with regard to this Agreement, and, at its sole discretion, to inspect or audit the Grant Recipient's records regarding this Agreement and the Project upon seventy-two (72) hours' notice during normal business hours. 17. COMPLIANCE WITH ALL LAWS AND REGULATIONS Grant Recipient shall comply with all applicable laws, ordinances and regulations in using funds provided by the County, including, without limitation, those relating to providing a safe working environment to employees and, specifically, the requirements of the Washington Industrial Safety and Health Act (WISHA); and, to the extent applicable, those related to "public works," payment of prevailing wages, and competitive bidding of contracts. The Grant Recipient specifically agrees to comply and pay all costs associated with achieving such compliance without notice from King County; and further agrees that King County, does not waive this Section by giving notice of demand for compliance in any instance. The Grant Recipient shall indemnify and defend the County should it be sued or made the subject of an administrative investigation or hearing for a violation of such laws related to this Agreement. 18. CORRECTIVE ACTION 18.1 If the County determines that a breach of contract has occurred or does not approve of the Grant Recipient's performance, it will give the Grant Recipient written notification of unacceptable performance. Grant Recipient will then take corrective action within a reasonable period of time, as may be defined by King County in its sole discretion in its written notification to Grant Recipient. 18.2 King County may withhold any payment owed Grant Recipient until the County is satisfied that corrective action has been taken or completed. 19. TERMINATION 19.1 King County may terminate this Agreement in whole or in part, with or without cause, at any time during the Term of this Agreement, by providing Grant Recipient ten (10) days advance written notice of the termination. Packet Pg. 193 8.K.a City of Kent — Regional Trails Enhancements — 6328753 19.2 If the termination results from acts or omissions of Grant Recipient, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, Grant Recipient shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to Grant Recipient by the County. 19.3 Any King County obligations under this Agreement beyond the current appropriation biennium are conditioned upon the County Council's appropriation of sufficient funds to support such obligations. If the Council does not approve such appropriation, then this Agreement will terminate automatically at the close of the current appropriation biennium. 19.4 The Agreement will be terminated if the Grant Recipient is unable or unwilling to expend the Grant Award Funds as specified in Section 1 and Exhibits B and C, or upon reimbursement by the Grant Recipient to the County of all unexpended proceeds provided by the County pursuant to this Agreement and payment of all amounts due pursuant to Section 6. 20. FUTURE SUPPORT; UTILITIES AND SERVICE The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted for herein except as expressly set forth in this Agreement. Grant Recipient understands, acknowledges, and agrees that the County shall not be liable to pay for or to provide any utilities or services in connection with the Project contemplated herein. 21. HOLD HARMLESS AND INDEMNIFICATION Grant Recipient shall protect, indemnify, and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) Grant Recipient's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) work, services, materials, or supplies performed or provided by Grant Recipient's employees or other suppliers in connection with or support of the performance of this Agreement. Grant Recipient further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Agreement by the Grant Recipient, its officers, employees, agents, representatives, or subcontractors. This duty to repay the County shall not be diminished or extinguished by the expiration or prior termination of the Agreement. Grant Recipient agrees for itself, its successors, and assigns, to defend, indemnify, and hold harmless King County, its appointed and elected officials, and employees from and against liability for all claims, demands, suits, and judgments, including costs of defense thereof, for injury to persons, death, or property damage which is caused by, arises out of, or is incidental to any use of or occurrence on the Project that is the subject of this Agreement, or Grant Recipient's exercise of rights and privileges granted by this Agreement, except to the extent of the County's sole negligence. Grant Recipient's obligations under this Section shall include: A. The duty to promptly accept tender of defense and provide defense to the County at Packet Pg. 194 8.K.a City of Kent — Regional Trails Enhancements — 6328753 the Grant Recipient's own expense; B. Indemnification of claims made by Grant Recipient's employees or agents; and C. Waiver of Grant Recipient's immunity under the industrial insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify King County, which waiver has been mutually negotiated by the parties. In the event it is necessary for the County to incur attorney's fees, legal expenses or other costs to enforce the provisions of this Section, all such fees, expenses and costs shall be recoverable from the Grant Recipient. In the event it is determined that RCW 4.24.115 applies to this Agreement, the Grant Recipient agrees to protect, defend, indemnify and save the County, its officers, officials, employees and agents from any and all claims, demands, suits, penalties, losses damages judgments, or costs of any kind whatsoever for bodily injury to persons or damage to property (hereinafter "claims"), arising out of or in any way resulting from the Grant Recipient's officers, employees, agents and/or subcontractors of all tiers, acts or omissions, performance of failure to perform the rights and privileges granted under this Agreement, to the maximum extent permitted by law or as defined by RCW 4.24.115, as now enacted or hereafter amended. A hold harmless provision to protect King County similar to this provision shall be included in all Agreements or subcontractor Agreements entered into by Grant Recipient in conjunction with this Agreement. Grant Recipient's duties under this Section 21 will survive the expiration or earlier termination of this Agreement. 22. NONDISCRIMINATION King County Code ("KCC") chapters 12.16 through 12.19 apply to this Agreement and are incorporated by this reference as if fully set forth herein. In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except minimum age and retirement provisions, unless based upon a bona fide occupational qualification. 23. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. 24. PROJECT MAINTENANCE; EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP A. As between the County and Grant Recipient, Grant Recipient shall be responsible to operate and maintain the completed Project at its own sole expense and risk. Grant Recipient shall maintain the completed Project in good working condition consistent with Packet Pg. 195 City of Kent — Regional Trails Enhancements — 6328753 8.K.a applicable standards and guidelines. Grant Recipient understands, acknowledges, and agrees that the County is not responsible to operate or to maintain the Project in any way. B. Grant Recipient shall be responsible for all property purchased pursuant to this Agreement, including the proper care and maintenance of any equipment. C. Grant Recipient shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment and materials purchased with Grant Award Funds. Grant Recipient's duties under this Section 24 shall survive the expiration of this Agreement. 25. ASSIGNMENT Grant Recipient shall not assign any portion of rights and obligations under this Agreement or transfer or assign any claim arising pursuant to this Agreement without the written consent of the County. Grant Recipient must seek such consent in writing not less than fifteen (15) days prior to the date of any proposed assignment. 26. WAIVER OF BREACH OR DEFAULT Waiver of breach of any provision in this Agreement shall not be deemed to be a waiver of any subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. Waiver of any default shall not be deemed to be a waiver of any subsequent defaults. 27. TAXES Grant Recipient agrees to pay on a current basis all taxes or assessments levied on its activities and property, including, without limitation, any leasehold excise tax due under RCW Chapter 82.29A; PROVIDED, however, that nothing contained herein will modify the right of the Grant Recipient to contest any such tax, and Grant Recipient shall not be deemed to be in default as long as it will, in good faith, be contesting the validity or amount of any such taxes. 28. WASHINGTON LAW CONTROLLING; WHERE ACTIONS BROUGHT This Agreement is made in and will be in accordance with the laws of the State of Washington, which will be controlling in any dispute that arises hereunder. Actions pertaining to this Agreement will be brought in King County Superior Court, King County, Washington. 29. PUBLIC DOCUMENT This Agreement will be considered a public document and will be available for inspection and copying by the public. 30. LEGAL RELATIONS Nothing contained herein will make, or be deemed to make, County and Grant Recipient a partner of one another, and this Agreement will not be construed as creating a partnership or joint venture. Nothing in this Agreement will create, or be deemed to create, any right, duty or obligation in any person or entity not a party to it. 31. PERMITS AND LICENSES Packet Pg. 196 City of Kent — Regional Trails Enhancements — 6328753 8.K.a Grant Recipient shall develop and run the Project in accordance with all applicable laws and regulatory requirements including environmental considerations, permitting determinations, and other legal requirements. All activities and improvements shall be performed by Grant Recipient at its sole expense and liability. Grant Recipient shall, at its sole cost and expense, apply for, obtain and comply with all necessary permits, licenses and approvals required for the Project. 32. INTERPRETATION OF COUNTY RULES AND REGULATIONS If there is any question regarding the interpretation of any County rule or regulation, the County decision will govern and will be binding upon the Grant Recipient. 33. ENTIRE AGREEMENT This Agreement, including its attachments, constitutes the entire Agreement between the County and Grant Recipient. It supersedes all other agreements and understandings between them, whether written, oral or otherwise. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the first date written. City of Kent King County Title Date C Title Date Packet Pg. 197 City of Kent — Regional Trails Enhancements — 6328753 EXHIBIT A - MAP OF FACILITY AND LOCATON 5PAJ 3 Gh-" FN. WN-1 �.�hA IFn -kl•lii ill. N J;Nh 54 2211h FJ DIN I Number Proposed Proposed Location Amenities BriScoe Park Park Furnishings, Signage 2 Three Friends Klask, Park Fishing Hole Furnishings 3 Frager Road Musk, Park Bridge Furnishings, Signage, Drinking Fountain 4 68th Ave S Kiosk Parking Lot Kiosk, Park 5 Russell Woods Park Furnishings, Signage 6 N-eely/ Park soames Furnishings, Homestead Signage YIiDsk, 7 Meeker Street Signage Parking Lot Ethos Park Apartments Funnishings, Signage 1 Kin St T SE 7Oli �47 c 'sy Swill Eq Yanlh 51 Koni "TLd -6 A FhlrhFrl KENT WAMiI111 r T FJ Comoty of Kpmg, fluf&ari'i# Land Makn9eri-el-1, EA CanadA.ts,:. FIRE, C3wmin, INCREMENT P, InLei intip, VSyS. METIJNASk jPA USDA I Packet Pg. 198 1 City of Kent — Regional Trails Enhancements — 6328753 8.K.a im King County YourBigBaelVwd EXHIBIT B — SCOPE OF WORK Levy Grant Capital and Open Space Grants Scope of Services The City of Kent will replace and improve informational and wayfinding signage on Kent Regional Trails, including the Green River Trail. The trail junction at the intersection of the PSE and Green River Trails will be improved with amenities for trail users. Activities/Milestones Estimated Completion Date 1 Installation of trail kiosks May 2025 2 Installation of way finding signage May 2025 Installation of park furnishings/ benches and trash 3 cans May 2025 Development of new junction at Green River and 4 PSE trail May 2025 Deliverables Final Report Packet Pg. 199 8.K.a City of Kent — Regional Trails Enhancements — 6328753 EXHIBIT C — PROJECT BUDGET Organization and Project Name: City of Kent- Regional Trails Enhancements Project Tasks Project Costs Grant Request Planning /Design /Permits Planning support $10,000 Construction / Installation / Materials Kiosk Purchase and Install at 7 locations $175,000 $87,500 Purchase and install way finding signage $50,000 $25,000 Purchase and Install Park Furnishings / Benches and Trash Cans $75,000 $37,500 New trail junction at Green River and PSE trail. $75,000 $37,500 Other Contingency Tax $37,875 $18,937 Project Management (Max 15% of grant) TOTALS $422,875 $206,437 Packet Pg. 200 8.K.a City of Kent — Regional Trails Enhancements — 6328753 EXHIBIT D - INSURANCE REQUIREMENTS 1. Insurance Requirements 1.1. Grant Recipient shall purchase and maintain, at its sole cost and expense, the minimum insurance set forth below. By requiring such minimum insurance, the County does not and shall not be deemed or construed to have assessed the risks that may be applicable to Grant Recipient, or any Contractor under this Agreement, or in any way limit the County's potential recovery to insurance limits required hereunder. To the contrary, this Agreement's insurance requirements may not in any way be construed as limiting any potential liability to the County or the County's potential recovery from Grant Recipient. Grant Recipient and any Contractor shall assess their own risks and if they deem appropriate and/or prudent, maintain greater limits and/or broader coverage. 1.2. Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded, which coverage shall apply to each insured to the full extent provided by the terms and conditions of the policy(s). Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Agreement. 1.3. Each insurance policy shall be written on an "occurrence" basis; excepting insurance for Professional Liability (Errors and Omissions), and/or Pollution Liability, and/or Cyber Liability (Technology Errors and Omissions). These coverages required by this Agreement may be written on a "claims made" basis. If coverage is approved and purchased on a "claims made" basis, the coverage provided under that insurance shall be maintained through: (i) consecutive policy renewals for not less than three (3) years from the date of completion of the Project which is subject of this Agreement or, if such renewals are unavailable, (ii) the purchase of a tail/extended reporting period for not less than three (3) years from the date of completion of the Project which is the subject of this Agreement. 2. Evidence and Cancellation of Insurance 2.1. Upon execution of the Agreement, and within thirty (30) days of request by the County, Grant Recipient shall furnish the County certificates of insurance and endorsements certifying the issuance of all insurance required by this Agreement. All evidence of insurance shall be signed by a properly authorized officer, agent, general agent, or qualified representative to the insurer(s), shall certify the name of the insured(s), the type and amount of insurance, the location and operations to which the insurance applies, the inception and expiration dates, shall specify the form numbers of any endorsements issued to satisfy this Agreement's insurance requirements, and shall state that the County shall receive notice at least thirty (30) days prior to the effective date of any cancellation, lapse, or material change in the policy(s). Similar documentation confirming renewal of required insurance shall be provided on each insurance renewal date. 2.2. The County reserves the right to require complete, certified copies of all required insurance policies, including all endorsements and riders, which may be redacted of any Packet Pg. 201 City of Kent — Regional Trails Enhancements — 6328753 8.K.a confidential or proprietary information. Grant Recipient shall deliver such policies to the County within five (5) business days of County's request. 2.3. County's receipt or acceptance of Grant Recipient's or any Contractor's evidence of insurance at any time without comment or objection, or County's failure to request certified copies of such insurance, does not waive, alter, modify, or invalidate any of the insurance requirements set forth in this Exhibit D or, consequently, constitute the County's acceptance of the adequacy of Grant Recipient's or any Contractor's insurance or preclude or prevent any action by County against Grant Recipient for breach of the requirements of this section. 3. Minimum Scope and Limits of Insurance 3.1. Grant Recipient shall maintain the following types of insurance and minimum insurance limits: 3.1.1. Commercial General Liability: $1,000,000 per occurrence and $2,000,000 in the aggregate for bodily injury, personal and advertising injury, and property damage. Coverage shall be at least as broad as that afforded under ISO form number CG 00 01. Such insurance shall include coverage for, but not limited to premises liability, products and completed operations, ongoing operations, and contractual liability. Limits may be satisfied by a single primary limit or by a combination of separate primary and umbrella or excess liability policies, provided that coverage under the latter shall be at least as broad as that afforded under the primary policy and satisfy all other requirements applicable to liability insurance including but not limited to additional insured status for the County. 3.1.2. Workers Compensation: Workers Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this Project by applicable Federal or "Other States" State Law. 3.1.3. Employers Liability or "Stop Gap" coverage: $1,000,000 each occurrence and shall be at least as broad as the protection provided by the Workers Compensation policy Part 2 (Employers Liability), or, in monopolistic states including but not limited to Washington, the protection provided by the "Stop Gap" endorsement to the commercial general liability policy. 3.1.4. U.S. Longshoreman and Harbor Workers Coverage (USL&H): If work will be taking place on or adjacent to navigable water, as defined by the U.S. Department of Labor, then Grant Recipient and/or its Contractor(s) must provide proof of insurance coverage in compliance with the statutory requirements of Longshoreman and Harbor Workers Compensation Act (administered by the U.S. Department of Labor). USL&H Employers Liability insurance shall be maintained with limits no less than $1,000,000 each occurrence. 4. Other Insurance Provisions and Requirements Packet Pg. 202 8.K.a City of Kent — Regional Trails Enhancements — 6328753 4.1. All insurance policies purchased and maintained by Grant Recipient and any Contractor required in this Agreement shall contain, or be endorsed to contain the following provisions: 4.1.1. With respect to all liability policies except Professional Liability (Errors and Omissions) and Workers Compensation: 4.1.1.1. King County, its officials, employees and agents shall be covered as additional insured for full coverage and policy limits as respects liability arising out of activities performed by or on behalf of the Grant Recipient, its agents, representatives, employees, or Contractor(s) in connection with this Agreement. Additional Insured status shall include products -completed operations CG 20 100 11/85 or its substantive equivalent. The County requires the endorsement(s) to complete the Agreement. 4.1.2. With respect to all liability policies (except Workers Compensation): 4.1.2.1. Coverage shall be primary insurance as respects the County, its officials, employees and agents. Any insurance and/or self-insurance maintained by the County, its officials, employees or agents shall not contribute with any Grant Recipient's, or Contractor(s) insurance or benefit the Grant Recipient, or any Contractor, or their respective insurers in any way. 4.1.2.2. Insurance shall expressly state that it applies separately to each insured and additional insured against whom a claim is made and/or lawsuit is brought, except with respect to the limits of insurer's liability. 5. Waiver of Subrogation 5.1. Grant Recipient, its Contractor(s), and their respective insurance carriers release and waive all rights of subrogation against King County, its officials, agents and employees for damages caused by fire or other perils which can be insured by a property insurance policy. This provision shall be valid and enforceable only to the extent permissible by the applicable property insurance policies. 6. Deductibles/Self-Insured Retentions 6.1. Any deductible and/or self -insured retention of the policies shall not in any way limit the County's right to coverage under the required insurance, or to Grant Recipient's, or any Contractor's liability to the County, and shall in all instances be the sole responsibility of Grant Recipient or its Contractor, even if no claim has been made or asserted against them. 7. Acceptability of Insurers 7.1. Unless otherwise approved by the County, insurance is to be placed with insurers with an A.M. Best rating of no less than ANIII. 7.2. Professional Liability (Errors and Omissions) insurance may be placed with insurers with an A.M. Best rating of no less than B+:VII. 7.3. If at any time any of the foregoing policies fail to meet the above stated requirements, [Grant Recipient] shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with the appropriate certificates and endorsements, for review. Packet Pg. 203 8.K.a City of Kent — Regional Trails Enhancements — 6328753 8. Self -Insurance 8.1. If the Grant Recipient is a governmental entity or municipal corporation, Grant Recipient may maintain a fully funded self-insurance program or participate in an insurance pool for the protection and handling of its liabilities including injuries to persons and damage to property. 9. Contractors 9.1. Grant Recipient shall include all Contractors as insureds under its policies or, alternatively, Grant Recipient must require each of its Contractors to procure and maintain appropriate and reasonable insurance coverage and insurance limits to cover each of the Contractor's liabilities given the scope of work and services being provided herein. To the extent reasonably commercially available, insurance maintained by any Contractor must comply with the specified requirements of this Exhibit D, including the requirement that all liability insurance policies (except Professional Liability and Workers Compensation) provided by the Contractor(s) must include the County, its officials, agents and employees as additional insured for full coverage and policy limits. Grant Recipient is obligated to require and verify that each Contractor(s) to maintain the required insurance and ensure the County is included as additional insured. Upon request by the County, and within five (5) business days, Grant Recipient must provide evidence of each Contractor(s) insurance coverage, including endorsements. 10. Work Site Safety 10.1. Grant Recipient shall have the "right to control" and bear the sole responsibility for the job site conditions, and job site safety. Grant Recipient shall comply with all applicable federal, state and local safety regulations governing the job site, employees, and Contractors. Packet Pg. 204 City of Kent — Regional Trails Enhancements — 6328753 8.K.a EXHIBIT E- NOTICE OF GRANT Upon Recording Return To: King County Department of Natural Resources and Parks Parks and Recreation Division 201 S Jackson Street, KSC-NR-5702 Seattle, WA 98104-3855 Document Title: Reference No. of Related Document: Legal Description: Assessor's Parcel No.: NOTICE OF GRANT This Notice of Grant is effective as of the day of , 202_, and is made and executed by the Parks Capital and Open Space Grant recipient, the City of Kent and King County (the "County"), a political subdivision of the State of Washington. The City is the owner of the in King County, State of Washington (the "Property"), legally described and attached hereto in Exhibit A. Pursuant to a Parks Capital and Open Space Grant Agreement, between the King County and the City, dated ("Grant Agreement"), attached hereto as Exhibit B, the City has constructed a Facility Improvement to the "Facility" on the Property for the purpose of providing recreation for the public. A map of the Property and Facility is attached hereto as Exhibit C. The City hereby agrees to be bound by the terms of the Grant Agreement including the obligation to ensure public access to the Facility. IN WITNESS WHEREOF, the City and King County have executed this Notice of Grant on the date set forth above. City of Kent By: Name: Its: KING COUNTY By: Name: Its: Packet Pg. 205 City of Kent — Regional Trails Enhancements — 6328753 8.K.a STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of the CITY OF KENT to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: NOTARY PUBLIC Print Name: My Commission Expires: STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of KING COUNTY, a political subdivision of the State of Washington, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: NOTARY PUBLIC Print Name: My Commission Expires: Packet Pg. 206 City of Kent — Regional Trails Enhancements — 6328753 8.K.a NOTICE OF GRANT EXHIBIT A - LEGAL DESCRIPTION Packet Pg. 207 City of Kent — Regional Trails Enhancements — 6328753 8.K.a NOTICE OF GRANT EXHIBIT B- GRANT AGREEMENT Packet Pg. 208 City of Kent — Regional Trails Enhancements — 6328753 8.K.a NOTICE OF GRANT EXHIBIT C- PROPERTY AND FACILITY MAP Packet Pg. 209 10.A KENT WASH IN G T O N DATE: March 7, 2023 TO: Kent City Council SUBJECT: 2023 Crack Sealing - Award MOTION: I move to award the 2023 Crack Sealing Project to Huizenga Enterprises, LLC in the amount of $186,455.88 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: The contractor will apply 22 tons of rubberized asphalt to seal cracks on various streets throughout the City. The purpose of this treatment is to prevent infiltration of water, which will preserve the pavement in the short term and extend its useful life. This process includes cleaning and drying before the cracked pavement is sealed. The bid opening for the 2023 Crack Sealing Project was held on February 22, 2023, with five bids received. The lowest responsible and responsive bid was submitted by Huizenga Enterprises, LLC in the amount of $186,455.88. Bid Tab Summary 01. Huizenga Enterprises LLC $186,455.88 02. Puget Paving and Construction, Inc. $199,700.00 03. Central Paving, LLC $236,509.00 04. Doolittle Construction, LLC $355,250.00 05. Northwest Cascade, Inc. $416,375.00 Engineer's Estimate $252,590.00 BUDGET IMPACT: The project is a budgeted item funded by the Street Fund. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. ATTACHMENTS: 1. 2023 Crack Sealing Bid Tab (PDF) Packet Pg. 210 10.A.a 2023 Crack Sealing 1 2 3 4 Bid Opening: February 22, 2023, 11:00 AM Huizenga Enterprises, LLC Puget Paving and Construction, Inc. Central Paving, LLC Doolittle Construction, LLC PO Box 31944 10910 26th Avenue S 1410 W Dolarway Road 9350 Stone Quarry Road Disclaimer: These preliminary bid results are provided as a convenience to Bellingham, WA 98228 Lakewood, WA 98499 Ellensburg, WA 98926 Snoqualmie, WA 98065 contractors for informational purposes only and do not identify lowest responsible bidder. Bid review by staff and final award pending. TOTAL $186,455.88 $199,700.00 $236,509.00 $355,250.00 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT SCHEDULE I: RESIDENTIAL (23-3001.4) 1000 Mobilization - Schedule I 1 LS 18,000.00 $18,000.00 7,000.00 $7,000.00 10,000.00 $10,000.00 16,000.00 $16,000.00 1005 * Crack Sealant for Crack Sealing 12 TON 1,680.00 $20,160.00 5,250.00 $63,000.00 6,500.00 $78,000.00 8,000.00 $96,000.00 1010 * Traffic Control Labor 350 HR 1.00 $350.00 66.00 $23,100.00 1.00 $350.00 49.00 $17,150.00 1015 * Traffic Control Supervisor 140 HR 1.00 $140.00 92.00 $12,880.00 1.00 $140.00 55.00 $7,700.00 1020 Temporary Traffic Control Devices - Schedule I 1 LS 57,252.12 $57,252.12 1.00 $1.00 34,260.00 $34,260.00 50,000.00 $50,000.00 1025 * Portable Changeable Message Sign (PCMS) 28 DAY 90.00 $2,520.00 1.00 $28.00 50.00 $1,400.00 150.00 $4,200.00 1030 * Sequential Arrow Sign (SAS) 14 DAY 40.00 $560.00 1.00 $14.00 50.00 $700.00 50.00 $700.00 1035 SPCC Plan 1 LS 50.00 $50.00 300.00 $300.00 250.00 $250.00 1,000.00 $1,000.00 1040 Minor Changes - Schedule I 1 CALC 1,500.00 $1,500.00 1,500.00 $1,500.00 1,500.00 $1,500.00 1,500.00 $1,500.00 SCHEDULE I TOTAL $100,532.12 $107,823.00 $126,600.00 $194,250.00 SCHEDULE II: B&O (23-3011.3) 2000 Mobilization - Schedule II 1 LS 16,000.00 $16,000.00 7,000.00 $7,000.00 7,612.00 $7,612.00 14,000.00 $14,000.00 2005 * Crack Sealant for Crack Sealing 10 TON 1,680.00 $16,800.00 5,250.00 $52,500.00 6,500.00 $65,000.00 8,000.00 $80,000.00 2010 * Traffic Control Labor 300 HR 1.00 $300.00 66.00 $19,800.00 1.00 $300.00 49.00 $14,700.00 2015 * Traffic Control Supervisor 120 HR 1.00 $120.00 92.00 $11,040.00 1.00 $120.00 55.00 $6,600.00 2020 Temporary Traffic Control Devices - Schedule II 1 LS 48,563.76 $48,563.76 1.00 $1.00 33,577.00 $33,577.00 40,000.00 $40,000.00 2025 * Portable Changeable Message Sign (PCMS) 24 DAY 90.00 $2,160.00 1.00 $24.00 50.00 $1,200.00 150.00 $3,600.00 2030 * Sequential Arrow Sign (SAS) 12 DAY 40.00 $480.00 1.00 $12.00 50.00 $600.00 50.00 $600.00 2035 Minor Changes - Schedule II 1 CALC 1,500.00 $1,500.00 1,500.00 $1,500.00 1,500.00 $1,500.00 1,500.00 $1,500.00 SCHEDULE II TOTAL $85,923.76 $91,877.00 $109,909.00 $161,000.00 SUMMARY: SCHEDULE I TOTAL $100,532.12 $107,823.00 $126,600.00 $194,250.00 SCHEDULE II TOTAL $85,923.76 $91,877.00 $109,909.00 $161,000.00 CONSTRUCTION CONTRACT TOTAL $186,455.88 i $199,700.00 i $236,509.00 i $3551250.00 3 a co Y L U M N O N Packet Pg. 211 10.A.a 2023 Crack Sealing 5 Bid Opening: February 22, 2023, 11:00 AM Northwest Cascade, Inc. Engineer's Estimate PO Box 73399 Joe Araucto Disclaimer: These preliminary bid results are provided as a convenience to Puyallup, WA 98373 contractors for informational purposes only and do not identify lowest responsible bidder. Bid review by staff and final award pending. TOTAL $416,375.00 $252,590.00 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT SCHEDULE I: RESIDENTIAL (23-3001.4) 1000 Mobilization - Schedule I 1 LS 11,550.00 $11,550.00 10,000.00 $10,000.00 1005 * Crack Sealant for Crack Sealing 12 TON 13,700.00 $164,400.00 6,500.00 $78,000.00 1010 * Traffic Control Labor 350 HR 90.00 $31,500.00 75.00 $26,250.00 1015 * Traffic Control Supervisor 140 HR 95.00 $13,300.00 75.00 $10,500.00 1020 Temporary Traffic Control Devices - Schedule I 1 LS 4,950.00 $4,950.00 5,000.00 $5,000.00 1025 * Portable Changeable Message Sign (PCMS) 28 DAY 65.00 $1,820.00 120.00 $3,360.00 1030 * Sequential Arrow Sign (SAS) 14 DAY 20.00 $280.00 100.00 $1,400.00 1035 SPCC Plan 1 LS 1,000.00 $1,000.00 1,000.00 $1,000.00 1040 Minor Changes - Schedule I 1 CALC 1,500.00 $1,500.00 1,500.00 $1,500.00 SCHEDULE I TOTAL $230,300.00 $137,010.00 SCHEDULE II: B&O (23-3011.3) 2000 Mobilization - Schedule II 1 LS 3,250.00 $3,250.00 10,000.00 $10,000.00 2005 * Crack Sealant for Crack Sealing 10 TON 13,700.00 $137,000.00 6,500.00 $65,000.00 2010 * Traffic Control Labor 300 HR 90.00 $27,000.00 75.00 $22,500.00 2015 * Traffic Control Supervisor 120 HR 95.00 $11,400.00 75.00 $9,000.00 2020 Temporary Traffic Control Devices - Schedule II 1 LS 4,125.00 $4,125.00 3,500.00 $3,500.00 2025 * Portable Changeable Message Sign (PCMS) 24 DAY 65.00 $1,560.00 120.00 $2,880.00 2030 * Sequential Arrow Sign (SAS) 12 DAY 20.00 $240.00 100.00 $1,200.00 2035 Minor Changes - Schedule II 1 CALC 1,500.00 $1,500.00 1,500.00 $1,500.00 SCHEDULE II TOTAL $186,075.00 $115,580.00 SUMMARY: SCHEDULE I TOTAL $230,300.00 $137,010.00 SCHEDULE II TOTAL $186,075.00 $115,580.00 CONSTRUCTION CONTRACT TOTAL $416,375.00 i $252,590.00 Ca 3 a a� cc a) Cn Y �L♦ V M N O N rn M M 'm M a) Cn Y C� 10 M N O N _ d E s U r Q Packet Pg. 212 10.B KENT WASH IN G T O N DATE: March 7, 2023 TO: Kent City Council SUBJECT: Morrill Meadows Park Renovation Bid - Award MOTION: I move to award the Morrill Meadows Park Renovation project to Harkness Construction, LLC in the amount of $1,599,753.00, including Washington State Sales Tax, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Park Director. SUMMARY: This bid will be for the final phase of renovations and improvements to Morrill Meadows Park. The construction of this park will include a new children's play area with a more inclusive play experience for all ages and abilities, including a new nature -based play area. Additional improvements include ADA improvements to existing walkways, upgraded site furnishings, lawn renovation with enhanced turf and irrigation, pollinator meadow, and a permanent stage for the summer concert series. A public bidding process yielded a total of eight bids, with the lowest responsible bidder being Harkness Construction LLC. The Engineer's estimate for this project is $1,000,000 - $1,250,000. BUDGET IMPACT: Expense impact to the Morrill Meadows Expansion Phase 2 capital budget 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. ATTACHMENTS: 1. Bid Results Form - Morrill Meadows (PDF) Packet Pg. 213 10.B.a KENT PROJECT NAME: Morrill Meadows Park Renovation PROJECT #: PK 21-03 ENGINEER'S ESTIMATE: $1,000,000 - 1,250,000 Million BID DUE DATE & TIME: 022023 1:30 PM BID OPENING LOCATION: Kent City Hall, First Floor Rirlrinr BID OPENING Immediately DATE & TIME: After Due ADDENDA: --Nen& Total Bid Amount inrlurlinn wssT Bid Bond Addenda lerVct vUL i �• '� H z -y [W SWO m 96c �isl �s�s ccc $ i �♦ - !' 1 s ^ (a �f ♦ V C ♦� * Apparent Low Bidder: * All bids require review by City of Kent staff. Awarded contractor will be notified directly. MA- ---------- Kent City Clerk Packet Pg. 214