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City Council Committees - Kent City Council - 06/06/2023
KENT CITY COUNCIL • COMMITTEE OF THE WHOLE KEN T Tuesday, June 6, 2023 VV A 5 H I N G T O N 4:00 PM Chambers A live broadcast is available on Kent TV21, www.facebook.com/CitvofKent, 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: 837 4848 9028 Passcode: 566490 Join Zoom Meeting Mayor Dana Ralph Council President Bill Boyce Councilmember Brenda Fincher Councilmember Zandria Michaud Councilmember Satwinder Kaur Councilmember Les Thomas Councilmember Marli Larimer Councilmember Toni Troutner ************************************************************** Item Description Action Speaker Time 1. CALL TO ORDER Chair 2. ROLL CALL Chair 3. AGENDA APPROVAL YES Chair Changes from Council, Administration, or Staff. 4. DEPARTMENT PRESENTATIONS Chair Operations—Council President Boyce, Subject Matter Chair A. Approval of Minutes of Prior Committees i. Parks and Human Services Committee - CC Parks Regular Meeting - May 4, 2023 4:00 PM ii. Economic and Community Development Committee - CC ECDC Regular Meeting - May 8, 2023 4:00 PM Committee of the Whole Committee of the Whole - June 6, 2023 Regular Meeting iii. Public Works Committee - CC PW Regular Meeting - May 15, 2023 4:00 PM iv. Operations and Public Safety Committee - CC Ops and PS Regular Meeting - May 16, 2023 4:00 PM B. Payment of Bills - Approve YES Paula Painter 01 MIN. C. Amendment to the Regional YES Courtney Black 05 MIN. Water Supply System Repayment Agreement to Remove Covington Water District - Authorize D. INFO ONLY: April 2023 Financial NO Michelle Ferguson 10 MIN. Report :onomic and Community Development, Councilmember Troutner, Chair E. Subject Matter Chair i. ARPA Reallocation; Agreements YES Bill Ellis 05 MIN. with National Development Melissa Lafayette Council - Authorize iblic Works, Councilmember F. Fincher, Subject Matter Chair Chair i. Agreement with Totem Logistics YES Tony Donati 05 MIN. for On-Call Garbage Cleanup Services - Authorize Parks and Human Services-Councilmember Michaud, Subject Matter Chair G. 2024 South King Housing and YES Merina Hanson 05 MIN. Homelessness Partners (SKHHP) Work Plan and Operating Budget - Approve H. Multi-Service Center Housing YES Lori Guilfoyle 10 MIN. Navigation SLFRF Agreement - Authorize I. Lower Russell Levee Setback - YES Brian Levenhagen 10 MIN. Memorandum of Agreement with US Army Corps of Engineers and WA Historic Preservation Officer - Authorize Public Safety-Council member Kaur, Subject Matter Chair J. Regional Agreement Re: Opioid YES Tammy White 10 MIN. Committee of the Whole Committee of the Whole - June 6, 2023 Regular Meeting Abatement Council - Authorize K. Purchase of Police Supplies under YES Assistant Chief 05 MIN. a Cooperative Purchasing Stansfield Agreement with the Washington State Department of Enterprise Services - Authorize L. SOAR Orders, Designated No YES Victoria Robben 10 MIN. Racing Zones - Ordinance - Adopt S. ADJOURNMENT Chair Unless otherwise noted, Council will hold Committee of the Whole at 4 p.m. on the first and third Tuesday of each month. Public Comment may be submitted in writing to the City Clerk at the meeting,which will be distributed to each councilmember and admitted into the record, but will not be read aloud at the meeting. In order to be admitted into the record,written comments shall be submitted not less than three hours prior to the start of the Committee of the Whole meeting to Cityclerk@kentwa.gov, unless a person appears in-person, in which case, the written comments will be handed to the City Clerk and will be admitted into the record of the Committee of the Whole meeting. For additional information, please contact Kimberley A. Komoto, City Clerk at 253-856-5725, or email CitvClerk@kentwa.gov. Any person requiring a disability accommodation should contact the City Clerk at 253-856-5725 in advance of the meeting. For TDD relay service, call Washington Telecommunications Relay Services at 7-1-1. 4.A.A.1 Pending Approval Parks and Human Services KENT Committee W—...... CC Parks Regular Meeting Minutes May 4, 2023 Date: May 4, 2023 Time: 4:00 p.m. Place: Chambers a Members: Zandria Michaud, Chair Satwinder Kaur, Councilmember E Toni Troutner, Councilmember U L 0 Agenda: a 4- 0 1. Call to Order 4:00 p.m. 3 2. Roll Call 4- 0 Attendee Name Title Status Arrived Zandria Michaud Chair Present ° a Satwinder Kaur Councilmember Absent -4 _ _ a Toni Troutner Councilmember Present a 3. Agenda Approval o Two changes to Agenda. Item 2 presenter from Cindy Robinson to Lori Hogan M and Item 3 presenter from Bryan Higgins to Terry Jungman. N 4. Business �a 1. Approval of Minutes 4- 0 Approval of Minutes dated March 2, 2023 MOTION: Move to approve the Minutes dated March 2, 2023 RESULT: APPROVED [UNANIMOUS] 6 MOVER: Toni Troutner, Councilmember SECONDER: Zandria Michaud, Chair AYES: Michaud, Troutner a 2. Agreement for the Kent Senior Activity Center Lunch Program Caterer w - Authorize 3 MOTION: I move to authorize the Mayor to sign the Food Service Agreement with Aladdin Food Management, for the Kent Senior Activity Center Lunch Program, in an amount not to exceed $200,000, subject to final terms and conditions acceptable to the Parks Director and City Attorney ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page I of 2 Packet Pg. 4 4.A.A.1 Parks and Human Services Committee CC Parks May 4, 2023 Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... RESULT: MOTION PASSES [UNANIMOUS] Next: 5/16/2023 7:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Zandria Michaud, Chair AYES: Michaud, Troutner 3. Agreement with EarthCorps for Mill Creek Canyon Trail Repair - Authorize MOTION: I move to authorize the Mayor to sign the Park Trail E E Restoration Services Agreement with EarthCorps, in the amount of 0 U $121,198.08, subject to final terms and conditions acceptable to the o Parks Director and City Attorney. a 4- 0 RESULT: MOTION PASSES [UNANIMOUS] Next: 5/16/2023 7:00 PM w MOVER: Zandria Michaud, Chair c SECONDER: Toni Troutner, Councilmember 4- AYES: Michaud, Troutner 0 7i 5. Adjournment 4:17 p.m. 0 a 2,c ai&Lashley a Committee Secretary a 0 0 M N O N 4- 0 N O r 3 C d v C R r Q O v v a w 3 C ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 2 of 2 Packet Pg. 5 4.A.A.2 Pending Approval Economic and Community KENT Development Committee W-...... CC ECDC Regular Meeting Minutes May 8, 2023 Date: May 8, 2023 Time: 4:00 p.m. Place: Chambers a Members: Toni Troutner, Committee Chair Marli Larimer, Councilmember E Zandria Michaud, Councilmember U L 0 Agenda: a 4- 0 1. Call to Order 4:00 p.m. 3 2. Roll Call 4- 0 Attendee Name Title Status Arrived Toni Troutner Committee Chair Present ° Marli Larimer Councilmember Present _ a Zandria Michaud Councilmember Present a 3. Agenda Approval o 4. Business N 0 A. Approval of Minutes N C 1. Approval of Minutes dated April 10, 2023 MOTION: Move to approve the Minutes dated April 10, 2023 4- 0 W RESULT: APPROVED [UNANIMOUS] 2 MOVER: Zandria Michaud, Councilmember SECONDER: Marli Larimer, Councilmember 6 ai AYES: Troutner, Larimer, Michaud r 5. Action Items A. ARPA — Grant Agreement with Green River College Small Business a Center - Authorize w 3 Chief Economic Development Officer, Bill Ellis offered a brief synopsis of the City's long standing relationship with the Green River College Small Business Center, and the search for ways to help them expand their range of services and clients served without additional tapping of the City's general fund. ARPA monies now available for certain types of projects offer a way to increase support of GRCSBC through 2026 and free up City general fund ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page I of 3 Packet Pg. 6 4.A.A.2 Economic and Community Development May 8, 2023 Committee CC ECDC Regular Meeting Kent, Washington Minutes dollars for other uses. This proposal, if approved will provide $225,000 for Green Rivers use in providing both general guidance and now also specific technical services related to space planning and permit process navigation. MOTION: I move to authorize the Mayor to sign a grant agreement with Green River College Small Business Center, providing up to $225,000 in American Rescue Plan Act funds, to support and expand a services provided to small businesses, subject to final contract terms and conditions acceptable to the Mayor and City Attorney. E 0 U RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 5/16/2023 0 7:00 PM a MOVER: Marli Larimer, Councilmember o SECONDER: Zandria Michaud, Councilmember w AYES: Troutner, Larimer, Michaud c B. ARPA Subrecipient Agreement With Business Impact Northwest - — Authorize i Ellis conveyed this proposal is to work with Business Impact Northwest a (BINW) on related initiatives to increase availability of small business a assistance and capacities while also improving information to, and inclusion of, BIPOC owned businesses to the City's procurement processes. Race and a Equity Manager, Urial Varela and Race and Equity Coordinator, Maria Tizoc o discussed how this initiative intersects with the City's own goals around M equity and inclusion. o N 0 Domonique Juleon, from BINW,provided an overview of BINW's history in the region and its evolving mission to support entrepreneurs who don't necessarily fit perfectly into traditional lenders underwriting guidelines. o a� r BINW functions as a lender, providing capital to launch new businesses, or to c grow existing ones. BINW also functions as a BIPOC business accelerator and, by partnering with the City, intends to offer both of these types of assistance to clients and businesses in Kent. r a a� This proposal, if approved, will provide $400,000 of ARPA funding to be a utilized from acceptance through 2026. a� w MOTION: I move to authorize the Mayor to sign a subrecipient agreement with Business Impact Northwest, providing up to $400,000 in ARPA funds, for the design and operation of a BIPOC business accelerator and targeted business services, subject to final contract terms and conditions acceptable to the Mayor and City Attorney. ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Page 2 of 3 Packet Pg. 7 4.A.A.2 Economic and Community Development May 8, 2023 Committee CC ECDC Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 5/16/2023 7:00 PM MOVER: Zandria Michaud, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Troutner, Larimer, Michaud in m m C. Accessory Dwelling Unit Ordinance - Adopt Long Range Planning Manager, Kristen Holdsworth and Planner, Kaelene E Nobis provided details on the Accessory Dwelling Unit Ordinance once last L time before it heads to council for its adoption. .L 4- Delivering a final proposal has been a long process undertaken in large part by Nobis. Extensive outreach was conducted and public engagement with the 3 topic was robust and meaningful. The first background phase of outreach occurred during fall of 2022, and included interviews with residents and 4- contractors who have tried to construct ADU's in Kent. 0 7i 0 Phase 2 outreach sought to identify the biggest barriers to ADU construction a and refine development standards to simplify the path to permitting and a completing an ADU project. a 0 Not every issue the research uncovered can be addresses immediately - for o example, changes to parking regulations and rules around what HOA's can M and cannot regulate around ADU's will be addressed within other ordinances N and code updates that will happen later, and which may be impacted by C other state legislation still in development. MOTION: I move to adopt Ordinance No. 4464, amending the City's — accessory dwelling unit regulations and related code provisions, as proposed by staff. RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 5/16/2023 6 7:00 PM MOVER: Marli Larimer, Councilmember a r SECONDER: Zandria Michaud, Councilmember AYES: Troutner, Larimer, Michaud Q m w 6. Adjournment 4:47 p.m. Rhanda,Byu,4, Committee Secretary ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 3 of 3 Packet Pg. 8 4.A.A.3 Approved Public Works Committee KENT CC PW Regular Meeting WA9H... Minutes May 15, 2023 Date: May 15, 2023 Time: 4:00 p.m. Place: Chambers Members: Brenda Fincher, Committee Chair Satwinder Kaur, Councilmember E Marli Larimer, Councilmember E 0 c� L Agenda: 0 L a 4- 1. Call to Order 4:00 p.m. 0 as 2. Roll Call c Attendee Name Title Status Arrived 0 Brenda Fincher Committee Chair Present c Satwinder Kaur Councilmember Present a Marli Larimer Councilmember Present a 3. Agenda Approval a 0 0 4. Business M A. Approval of Minutes dated May 1, 2023 0 N The minutes of the May 1, 2023 Public Works meeting were approved without changes. MOTION: Move to approve the Minutes dated May 1, 2023 0 RESULT: APPROVED [UNANIMOUS] MOVER: Marli Larimer, Councilmember SECONDER: Satwinder Kaur, Councilmember ai AYES: Fincher, Kaur, Larimer CL B. Lake Meridian Water District Franchise Amendment Dave Brock, Deputy Director Operations, presented a brief history of the a Lake Meridian Water District Franchise and outlined the two changes being a recommended. Brock reviewed the name change from Water District No. 111 to Lake Meridian Water District. The second change extends the term of the current franchise. The agreement to extend the franchise is in exchange for the adjustment of the water service boundaries. MOTION: Move to adopt an Ordinance amending Lake Meridian Water District's 2017 franchise with the City to recognize the District's name change and to extend the franchise term. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page I of 3 Packet Pg. 9 4.A.A.3 Public Works Committee CC PW Regular Meeting May 15, 2023 Minutes Kent, Washington RESULT: MOTION PASSES [UNANIMOUS] Next: 6/6/2023 7:00 PM MOVER: Satwinder Kaur, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Fincher, Kaur, Larimer C. Lake Meridian Water District Service Area Boundary Adjustment Agreement °' r Brock talked about how the current boundaries between the City and Lake E Meridian Water District were established. Brock identified the Lake Meridian U Water District existing Service Area Boundary and detailed the proposed o boundary adjustments. These adjustments will allow the City to serve the a Kent East Hill Operations Center and the entire Clark Lake Park. o MOTION: Move to authorize the Mayor to sign the Water Service Area 2 Boundary Adjustment Agreement between the City and Lake = Meridian Water District, subject to final terms and conditions 4- acceptable to the City Attorney and Public Works Director. ° RESULT: MOTION PASSES [UNANIMOUS] Next: 6/6/2023 7:00 PM a 0 MOVER: Marli Larimer, Councilmember Q' Q SECONDER: Satwinder Kaur, Councilmember AYES: Fincher, Kaur, Larimer a o - o D. Lake Meridian Water District Property Use and Easement Agreement M Brock provided a brief history of the 1991 Agreement between the City and N Lake Meridian Water District regarding the location of a proposed water tank. Brock identified the location previously agreed upon, as well as the new proposed location for the tank and associated infrastructure. This Property Use and Easement Agreement will terminate the 1991 Agreement, and c provide a new easement for a proposed Lake Meridian Water District Pump Station. c MOTION: Move to authorize the Mayor to sign the Property Use and Easement Agreement with Lake Meridian Water District; and other documents necessary to fulfill the terms of this agreement subject to r final terms and conditions acceptable to the City Attorney and Public Works Director. a RESULT: MOTION PASSES [UNANIMOUS] Next: 6/6/2023 7:00 PM MOVER: Satwinder Kaur, Councilmember = SECONDER: Marli Larimer, Councilmember AYES: Fincher, Kaur, Larimer E. King County Re+ Pledge Rowena Valencia-Gica, Environmental Supervisor, presented the Re+ Pledge, coordinated through King County Solid Waste Division. Valencia-Gica ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 2 of 3 Packet Pg. 10 4.A.A.3 Public Works Committee CC PW Regular Meeting May 15, 2023 Minutes Kent, Washington discussed the goals, benefits and roles of the cities participating in the Pledge, along with the Re+ Actions needed to reach those goals. Valencia- Gica also noted, one of the major perks of signing the Pledge is future grant eligibility. MOTION: I move to authorize the Mayor to sign the Re+ Pledge to reduce climate impacts, conserve resources, and create a healthier environment for our communities by keeping reusable materials out r of the landfill and in use as long as possible, subject to final terms and conditions acceptable to the Public Works Director and City 0 Attorney. •2 o RESULT: MOTION PASSES [UNANIMOUS] Next: 6/6/2023 7:00 PM a MOVER: Marli Larimer, Councilmember N SECONDER: Satwinder Kaur, Councilmember AYES: Fincher, Kaur, Larimer E 4- F. INFO ONLY: Sidewalk Prioritization and Maintenance ° Chad Bieren, Public Works Director, provided a brief explanation of how and 0 when sidewalks are added to neighborhoods. Bieren discussed some of the a criteria regarding sidewalk maintenance and prioritization. The importance of Q sidewalks was also noted for the City's multimodal transportation system. a S. Adjournment 4:30 p.m. v Ka rbyv 3 a yek N 0 Committee Secretary N r fC 4- 0 N d 3 C d v C R Q d v v Q N O r 3 C ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 3 of 3 Packet Pg. 11 4.A.A.4 Pending Approval Operations and Public Safety KENT Committee WA9H... CC Ops and PS Regular Meeting Minutes May 16, 2023 Date: May 16, 2023 Time: 4:00 p.m. Place: Chambers Members: Bill Boyce, Chair E Brenda Fincher, Councilmember E 0 Satwinder Kaur, Councilmember Marli Larimer, Councilmember Zandria Michaud, Councilmember Les Thomas, Councilmember 0 N Toni Troutner Councilmember c Agenda: 0 la 1. Call to Order 4:00 p.m. 'o 0 Council President Boyce called the meeting to order. a 2. Roll Call a 0 Attendee Name Title Status Arrived IR Bill Boyce Chair Present N Brenda Fincher Councilmember Present N Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Zandria Michaud Councilmember Present Les Thomas Councilmember Present Toni Troutner Councilmember Present c 3. Agenda Approval ai 1. I move to approve the agenda as presented. a RESULT: MOTION PASSES [UNANIMOUS] MOVER: Les Thomas, Councilmember Q SECONDER: Toni Troutner, Councilmember r AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner c 4. Business A. Approval of Minutes Approval of Minutes dated May 2, 2023 MOTION: Move to approve the Minutes dated May 2, 2023 ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page I of 9 Packet Pg. 12 4.A.A.4 Operations and Public Safety Committee CC Ops May 16, 2023 and PS Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... RESULT: APPROVED [UNANIMOUS] MOVER: Les Thomas, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner B. Payment of Bills - Approve r MOTION: I move to approve the payment of bills. E RESULT: MOTION PASSES [UNANIMOUS] Next: 6/6/2023 7:00 PM v MOVER: Les Thomas, Councilmember o SECONDER: Toni Troutner, Councilmember a AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner o a� C. Consolidating Budget Adjustment Ordinance for Adjustments between January 1, 2023 and March 31, 2023 - Adopt E 4- Budget and Finance Manager, Michelle Ferguson provided a detailed report C out on budget adjustments. c 0 a Ferguson reviewed the increases, including previously approved and a adjustments pending approval. MOTION: I move to adopt Ordinance No. 4465, consolidating budget o adjustments made between January 1, 2023 and March 31, 2023, reflecting an overall budget increase of $21,479,680. N 0 RESULT: MOTION PASSES [UNANIMOUS] Next: 6/6/2023 7:00 PM co MOVER: Les Thomas, Councilmember SECONDER: Toni Troutner, Councilmember 2 AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner o m D. Office of the Washington State Auditor Engagement Letter for the 2022 Audit — Authorize Megan Marks, Accounting and Reporting Manager presented information on the engagement letter with the Washington State Auditor and provided the r reasons for the cost increase. a� MOTION: I move to authorize the Mayor and Finance Director to sign a the Engagement Letter with the Office of the Washington State Auditor for the 2022 audit. RESULT: MOTION PASSES [UNANIMOUS] Next: 6/6/2023 7:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner E. INFO ONLY: Kent East Hill Operations Center Update and Next Steps ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 2 of 9 Packet Pg. 13 4.A.A.4 Operations and Public Safety Committee CC Ops May 16, 2023 and PS Regular Meeting Kent, Washington Minutes Parks Director, Julie Parascondola presented information on the Kent East Hill Operations Center. Parascondola detailed the growth of City staff and infrastructure over the past 30 years in addition to the growth in the population served. a� a� The Kent East Hill Operations Center project began in 1999 and has had starts/stops spanning 25 years. The current design includes three front E E facing departments that will utilized the newly planned facility to support 0 U critical needs and support to public services. L 0 L Options and Next Steps: c City Council Allocated $24.5 Million in the 2023-2024 Adopted Budget to advance KEHOC Design and Phase Construction, where applicable. In February, 2023, Council awarded Wagner Architects and Planners the c design award due to their vast knowledge and history of this project. Although the contract is for the full amount (if we build both floors, etc.), but o are only moving forward in Phases. a a At a critical decision point: a Option #1 - go as far as we can with the existing $24.5 mil budget allocated. o No 2nd floor finish, first floor only. Would still build the restroom and locker facilities, which is a need with the current staff already housed at KEHOC; N dramatic reduction in Public Works staffing who was planning on shifting to N the site from Russell Road; the Kent Police Department would still go up and r use the evidence space with or without the mezzanine. The mezzanine for KPD wouldn't be built with the $24 million option. w 0 Look to reduce all 2nd floor space as much as possible. If we did build, they'd a be completely empty. Reduce the size of the actual yard paving. Interior spaces would be completely slimmed down to the most basic finishes and essentially, basically a shell space to be filled in at a later date. a a� Option #2 - Allocate an additional $25m to the project to leverage U construction, support maintenance and operational needs, to minimize future N need on the master plan. c Worked through a financing option for Council consideration, to address additional budget needed, that all of the Directors involved in this project and the Police Chief are in support of, which would alleviate significant burdens and barriers to public operations and services and will increase efficiency and effectiveness of these front line departments. Finance Director, Paula Painter reviewed the project budget and funding Page 3 of 9 Packet Pg. 14 4.A.A.4 Operations and Public Safety Committee CC Ops May 16, 2023 and PS Regular Meeting Kent, Washington Minutes sources - current and modified. The final amount will be based on final square footage allocation. Painter detailed the options utilizing fund balance vs. issuing debt. Boyce prefers not to use debt service, as did Troutner. a� a� Councilmembers expressed support of the plan. E E Next steps: 0 U Finalize project budget and phase work, where appropriate o Initial permit submittal by June 15, 2023; final design by December 2023 a Bidding May-June 2024 with an estimated construction start by July 2024 — 2 year construction window, with move in scheduled in 2026 If Council authorizes to move forward with LTGO Bond Financing, additional paperwork and formal Council action will occur throughout the rest of 2023 to prepare for bond issuance and collection c Once this work has its final path forward, planning work will begin on City Hall Campus Improvements o a NOTE: Councilmember Thomas departed the meeting in the middle of this a presentation due to a medical emergency. a F. City Council Bylaws, Rules, and Procedures — Resolution - Adopt o City Attorney, Tammy White provided the Council with details on all of the N proposed revisions to the existing Resolution No. 2025. N r White provided Council with a table comparing the existing resolution with the proposed resolution in addition to a print out of page 12 of the resolution highlighting the proposed change regarding subject matter chairs. White c walked the Council through the table. a If adopted, changes will be effective June 1, 2023. 2 a� Councilmember Larimer expressed appreciation of the proposed change to the agenda-setting rules. U U White clarified that Workshops are more informational-sharing meetings that N can be utilized for issues that require council receive an extensive presentation and to provide for more discussion. Fincher expressed concern that the Committee of the Whole will not allow for in-depth conversations. White clarified that the pairing of departments between the first and third meetings will hopefully allow for more in-depth conversations. Troutner talked about informational items being better suited for workshops Page 4 of 9 Packet Pg. 15 4.A.A.4 Operations and Public Safety Committee CC Ops May 16, 2023 and PS Regular Meeting Kent, Washington Minutes rather than committee and that having all council members hear action items allows for the entire council to be informed at the same time. Larimer expressed concerns over the ability to have comprehensive presentations and conversations during the committee meetings. Boyce provided details regarding the ability to utilize workshops for the more complicated issues. r E E Chief Administrative Officer, Pat Fitzpatrick indicated that special meetings 0 U and workshops can also be utilized for items requiring additional time. •2 o a Fitzpatrick talked about the reasoning behind the move to the Committee of — the Whole, including efficiencies that will be created. Executive Leadership Team members will be required to attend all Committee of the Whole meetings to gain an understanding of what all other departments are working on and to be available to respond to questions. — Council President Boyce talked about the time and effort it takes staff to 0 compile and present items to the Council and spoke in support of the motion. a Q Council President Boyce requested a roll call. a 0 Boyce indicated, although Councilmember Thomas is not present, that he expressed his support of the proposed resolution. N 0 MOTION: I move to adopt Resolution No. 2061 which enacts new N bylaws, rules, and procedures of the Kent City Council and repeals Resolution No. 2025. R SE ULT: MOTION PASSES [4 TO 2] Next: 5/16/2023 7:00 PM N MOVER: Toni Troutner, Councilmember 3 SECONDER: Bill Boyce, Chair E AYES: Boyce, Kaur, Michaud, Troutner ai NAYS: Fincher, Larimer r G. Home Repair Portable AC Unit Distribution for Low Income Seniors Contract— Authorize a Human Services Manager, Merina Hanson presented details on the Air a Conditioning Unit Distribution Program funding opportunity from the King = County Veterans, Seniors & Human Services Levy. The contract is not to exceed $250,000 and funds must be expended (or committed) in 2023. Hanson talked about the need for this program: Heat is a growing concern in the Pacific Northwest Seniors are most at risk to experience heat-related illness and deaths Between June and August of 2021 there were 157 heat related deaths in ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 5 of 9 Packet Pg. 16 4.A.A.4 Operations and Public Safety Committee CC Ops May 16, 2023 and PS Regular Meeting Kent, Washington Minutes Washington State. 67% of those were people over than 65 • Seniors who live alone, are disabled or homebound have significant barriers to accessing cooling centers The City's Home Repair program is not able to purchase standalone air conditioners, fans, or other non-integral "luxury" items Staff researched other options, including heat pumps and central AC installation. Primary concerns included the number of people that could be r assisted and the short timeline E E Our goal is to purchase and deploy approximately 350 units. U L 0 Hanson reviewed the eligibility criteria, marketing plan and how the City will a prioritize requests. Hanson touched on potential supply chain issues. — a� Hanson indicated the City would work with the Resource Center to try to avoid duplicate distributions. 4- 0 Councilmember Larimer requested staff let recipients know that Puget Sound Energy has grants available to assist with increased energy costs. 0 a Hanson indicated outreach will include communicating via the Meals on a Wheels program and the Senior Center. a 0 Michaud expressed appreciation of the work staff are doing on this project. M MOTION: I move to authorize the Mayor to sign a grant agreement o with King County in the amount of $250,000 to fund the distribution of portable air conditioning units to eligible seniors, subject to final terms and conditions acceptable to the Parks Director and City M Attorney. — RESULT: MOTION PASSES [UNANIMOUS] Next: 6/6/2023 7:00 PM MOVER: Zandria Michaud, Councilmember E SECONDER: Satwinder Kaur, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Troutner 0 .r H. Jail Management System Purchase Agreement — Authorize Project Management Office Manager, Brian Rambonga presented an overview a of the Jail Management System. a Black Creek will replace the current jail management records system. MOTION: I move to authorize the Mayor to sign the Systems Purchase Agreement with Black Creek Integrated Systems Corporation, in an amount up to $632,905, subject to final terms and conditions acceptable to the IT Director and City Attorney, and to authorize the IT Director to sign all future annual renewals that are ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 6 of 9 Packet Pg. 17 4.A.A.4 Operations and Public Safety Committee CC Ops May 16, 2023 and PS Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... within established budgets. RESULT: MOTION PASSES [UNANIMOUS] Next: 6/6/2023 7:00 PM MOVER: Brenda Fincher, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Troutner r r I. ARPA — Subrecipient Agreement with the University of Washington - Authorize o U Economic Development Officer, Bill Ellis introduced presenters: •2 o a Kristi Morgan, Director of Aeronautics and Astronauts for University of o Washington and Executive Director of Washington Space Coalition and Tsai- en Cheng, Director of Continuing Education at Green River College. Washington Space Grant Consortium is now under the purview of the o Director of Aeronautics and Astronauts for University of Washington and Executive Director of Washington Space Coalition. The consortium is NASA collaboration at the University of Washington for Education. a This will be a joint collaboration of Kent School District, Green River College a and the University of Washington teacher certification programs to encourage o more teachers and student bodies to have exposure to space project v learning. This would be an initial investment using federal funds to build N longer-lasting, durable partnerships with the Kent School District, colleges N and university on the industry area thematic that is of greatest growth, highest wage and leading employers in the City. 2 4- Morgan, conveyed the goal of the project is to develop project-based ° curriculum meeting Next Generation Science Standards that is tailored to 2 students from underserved demographics. Focusing on remote sensing of belonging. The space technology connects community problem solving to remote sensing and tools and off world habitat design, operation and sustainability. r a a� Morgan reviewed an overview of the Grand Engineering Challenges and a Sustainable Development Goals. r Review statistics relating to: Underrepresented minority degrees in aerospace v. all engineering programs Women degrees in aerospace vs. all engineering programs Morgan talked about how diversity creates positive outcomes for innovation. Washington NASA Space Grant Consortium is comprised of more than a ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 7 of 9 Packet Pg. 18 4.A.A.4 Operations and Public Safety Committee CC Ops May 16, 2023 and PS Regular Meeting Kent, Washington Minutes dozen institutions within the state of Washington, including universities, community colleges, private industry, educational organizations and museums. The Consortium was established in 1989 with a grant from the National Aeronautics and Space Administration (NASA). Its mission is to enhance higher education opportunities for students seeking to pursue careers in the fields of science, technology, engineering and math r (STEM); to enrich and improve STEM education at Washington's diverse pre- E E college, college, university and community learning centers; and to provide 0 U public outreach for NASA missions, and thereby strengthen the future o workforce for NASA and our nation. a 4- 0 Cheng talked about Green River College's participation and how they are being the bridge for future education: K-12 education as the starting point of future education transformation. Increase student success through teacher training program 0 Create multiple career exploration opportunities and entry points Close opportunity gap 0 a Morgan provided an example of a piece of the science standard and reviewed a the 5E plan that includes: a 0 Engage: A Case Study (a real-world, local problem that is being monitored/improved by remote sensing) N Explore: What is Remote Sensing? Types of remote sensing N Explain: Checks for understanding Elaborate: Potential problem list / resources, Students choose a problem and research it (Problem ID protocol), create a remote sensing plan, 4- DRONES, etc. Built in frequent feedback (peer to peer) 0 Evaluate: Science-fair type opportunity to share _ Next steps: Summer 2023: 5 middle/high school teachers + curriculum designer • Hardware experience in UW engineering labs r • Clock hours through Green River Community College • Program testing with High School students engaged by Pacific Science a Center • Curriculum deployment and outcome tracking during AY 23-24 2 During the summer of 2024 there will be an increase to 8 middle and high school teachers MOTION: I move to authorize the Mayor to sign a subrecipient agreement with the University of Washington, providing up to $400,000 in ARPA funds, for the design and operation of a teacher ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 8 of 9 Packet Pg. 19 4.A.A.4 Operations and Public Safety Committee CC Ops May 16, 2023 and PS Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... training program for the Kent School District, subject to final terms and conditions acceptable to the Mayor and City Attorney. R SE ULT: MOTION PASSES [UNANIMOUS] Next: 6/6/2023 7:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Zandria Michaud, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Troutner r E 5. Adjournment 5:55 p.m. 0 Council President Boyce adjourned the meeting. o �L Ki, Le,y K"wto- — Committee Secretary c 4- 0 �a O a Q. Q a 0 0 v M N 0 N tD r fC 4- 0 N d 3 C d v C R Q d v v Q N O r 3 C ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 9 of 9 Packet Pg. 20 4.A.B FINANCE DEPARTMENT Paula Painter, CPA 220 Fourth Avenue South \117KENT Kent, WA 98032 WASHINGTON 253-856-5264 DATE: June 6, 2023 TO: Kent City Council - Committee of the Whole SUBJECT: Payment of Bills - Approve MOTION: I move to approve the payment of bills. SUMMARY: BUDGET IMPACT: Packet Pg. 21 4.A.0 FINANCE DEPARTMENT Paula Painter, CPA 220 Fourth Avenue South \117KENT Kent, WA 98032 W A S ENT N G T O N 253-856-5264 DATE: June 6, 2023 TO: Kent City Council - Committee of the Whole SUBJECT: Amendment to the Regional Water Supply System Repayment Agreement to Remove Covington Water District - Authorize MOTION: I move to authorize the Mayor to sign the Amended Regional Water Supply System Repayment Agreement which removes Covington Water District, since they have elected to pay off their share of the repayment obligation during the 2023 bond refunding, subject to final terms and conditions acceptable to the Finance Director and City Attorney. SUMMARY: The City of Kent entered into a partnership agreement with the City of Tacoma, Covington Water District, and Lakehaven Water and Sewer District in 2002 to develop the Regional Water Supply System (RWSS) (a.k.a. Second Supply Project). Tacoma Water owns, operates and maintains the RWSS and is the ultimate security for financing that is jointly issued with any or all of the RWSS participants. Tacoma Water is planning a 2023 refunding of the 2013 bonds. If there is intent of one or more partners to pay off the bonds rather than participate in a refunding, the Partnership Agreement requires written notice to Tacoma and an amended repayment agreement, signed and approved through each partner's governing bodies/processes. This amended repayment agreement reflects removal of Covington Water District since the District has elected to pay off their share of the 2013 bonds. No amendment would be required for only the refunding action. There is no financial impact to the City or remaining partners from approval of the Amended Regional Water Second Supply Repayment Agreement, since the debt service shared by the remaining partners will reflect removal of Covington Water District's cost share from the bond financing. The anticipated savings from the refunding will be realized after the bonds close, estimated in August or September. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: Packet Pg. 22 4.A.0 1. Amendment to Repayment Agreement--RWSS--2023 Bonds (PDF) Packet Pg. 23 4.A.C.a FIRST AMENDMENT TO REPAYMENT AGREEMENT c as This FIRST AMENDMENT TO REPAYMENT AGREEMENT (this "Amendment") is E as effective as of the Effective Date set forth in Section 3 herein, by and among the City of Tacoma, Washington ("Tacoma"), the City of Kent, Washington ("Kent"), Covington Water District a ("Covington") and Lakehaven Water and Sewer District, formerly known as Lakehaven Utility District("Lakehaven" and, collectively with Tacoma, Kent and Covington, the "Participants"). a WHEREAS, the Participants entered into the Agreement for the Second Supply Project, a effective December 19, 2002 (the"Project Agreement") to design, finance, construct, operate and 2 maintain certain property and facilities to obtain and receive deliveries of water for the Participants from the exercise by Tacoma of the Second Diversion Water Right(the "Project"); and % Q. Q. WHEREAS,the Project offers to all of the Participants an additional water delivery supply system with the benefits of joint development, tax exempt financing and economies of scale; and c U a) WHEREAS, Initial Project Construction costs (as defined in the Project Agreement) were paid, in part, from proceeds of Tacoma's Regional Water Supply System Revenue Bonds, 2002 E (the "2002 Bonds"); and WHEREAS, Lakehaven elected to prepay its allocable portion of the Initial Project 00 Construction costs and did not participate in the 2002 Bonds; and N WHEREAS, in connection with the issuance of the 2002 Bonds, the Participants entered c into the Repayment Agreement, effective November 1, 2002 (the "Original Agreement") in order to elaborate on the Project Agreement's payment sections and to set forth Kent and Covington's o respective proportional payment obligation with respect to debt service on the 2002 Bonds; and Ch WHEREAS,on April 16,2013,Tacoma issued its Regional Water Supply System Revenue Refunding Bonds, 2013 (the "2013 Bonds") to refund, for debt service savings, the 2002 Bonds; and E E as as L WHEREAS, under the terms of the Original Agreement, Kent and Covington's respective Q proportional payment percentages carried forward and applied to the 2013 Bonds; and c as E WHEREAS, the Tacoma Public Utility Board approved and the Tacoma City Council a adopted an ordinance authorizing Tacoma to refund the outstanding 2013 Bonds with, in part, proceeds of its Regional Water Supply System Revenue Refunding Bonds, Series 2023,proposed r to be issued in the aggregate principal amount of$ (the "2023 Bonds" or the c "Bonds"); and E c as WHEREAS, the 2023 Bonds will be Project Bonds under the Project Agreement and E "Bonds"under the Original Agreement; and c as WHEREAS, in connection with such refunding, Covington has elected to prepay its allocable portion of the 2013 Bonds and will not participate in the 2023 Bonds; and r a Packet Pg. 24 4.A.C.a WHEREAS, the Participants wish to set forth the terms under which Kent shall make payments to Tacoma equal to its share of the principal of and interest on the 2023 Bonds when due E and to confirm other matters required to market the 2023 Bonds; a NOW THEREFORE, the Participants agree as follows: E SECTION 1. Definitions. Unless otherwise specified herein, including in the recitals a hereto, all capitalized terms used in this Amendment shall have the meanings specified in the L Original Agreement. Furthermore, for purposes of the Original Agreement and this Amendment, ? the following teams shall be defined as follows: Q. Bonds shall mean the City's Regional Water Supply System Revenue Refunding Bonds, Series 2023,issued in the aggregate principal amount of$ , and any Refunding Bonds issued pursuant to Section 2(g) of this Agreement. c U as Ordinance means Ordinance ,passed by the City Council on 2023, as it may be amended from time to time. c SECTION 2. Amendments to the Original Agreement. Upon the satisfaction of the conditions precedent set forth in Section 3 of this Amendment, the Original Agreement is hereby 00 Ln amended as follows: N (A) Amendments, Additions and Deletions to Section 2. Section 2 of the Original m Agreement (Payments by Kent and Covington) is hereby amended as follows (deletions are M stfieken and additions are double underlined): o N Ch Section 2. Payments by Kent and r,,vi t Notwithstanding any provision of Section 25 of the Project Agreement to the contrary, Kent's E obligation to repay its share of the Bonds shall be governed by the a� following provisions. Q c as (a) Covington a Kent hereby acknowledges and agrees that ,, they 2 no t n of 2 0 8 it shall pay Tacoma /o d� 4 4) of the principal of and interest on the Bonds and are is liable W to repay Tacoma amounts due and owing with respect to such principal and ° interest as estimated on Schedule A, as revised by, and appended to, the First Amendment to this Agreement, dated , 2023. A final version E of Schedule A schedule showing Covington a Kent's proportionate share of the payments of debt service on the Bonds will be attached to this Q Agreement when the Bonds have been issued. Resolution has been adopW bythe rr.,,.,,,,..., City r,,, nei d v�m�crcvirrc ��nxicn. E t c� to r Q -2- Packet Pg. 25 4.A.C.a The Bonds shall bear interest at the rates and be payable as set forth in the final Official Statement relating to the Bonds. Interest on the Bonds shall be calculated based on a 360-day year of twelve 30-day months. E as .h#er-est on the Bonds is payable semiannually on eaeh June 1 and Deeem 1, eemmeneing Tune 1, 2003. Pr-inEipal of the Bonds shall be payable a apmually onreaeh December- 1, in 2005—and ending in 203_2. � 30 day nth, The Bonds st1^l-csll bear- interest at the rates set-foitl'rz'r"rtt2l7 Q. D��xccwrcrtrrnr N L d (b) Kent and Covi gt shall remit to Tacoma on or before three business days prior to each interest and principal payment date for the 2, Q. Bonds, commencing with the December 2023 payment date, an amount �- 3 equal to the interest and principal, if any, next coming due based on its erc�by the 15th day of eaen monr'orthe exfollowing bus nes-3 c day if-such date is av�l�s day), with oath d following the is:manee of B^„a an amoumpAequal to one sixth of � 0 less than six twek=enenths,as appheable,te the next interestorm prmincipal da4e) Next eoming due based on theif peFeen4age share of the Bonds as shown on the debt service schedule applicable to the Bonds and attached in 00 Schedule A, as it may be revised in connection with the refunding of the Bonds. final Sehe l„le A. Payments shall be sent by check or electronic transfer to the address or account shown on Schedule B. Tacoma shall not o be required to bill Kent and Gevingt for these payments. "'west °M° N en the ametints sttbmitted by Kent and Gevingt &shall O N Cn Kent and Covington a r-eeeneiliatien statement shewing their- jaiia payment to r-efleet the interest eamed on their-pr-ier-year's payments- payment in the next sueeeeding yean Eaeh Deeember- Taeema shall send E (c) Tacoma agrees to deposit all amounts received from the i Participants under this Agreement in the City of Tacoma Regional Water Q Supply System Bond Fund created or continued under the Ordinance and to use such money for the sole purpose of paying the principal of and interest E on the Bonds and Future Parity Bonds (as defined in the Ordinance). If a Tacoma draws on the Reserve Account to cover a payment not made by any Participant, Tacoma may deposit amounts related to such late payments r paid pursuant to paragraph (b) above to the Reserve Account to meet the c Reserve Account Requirement (as such terms are defined in the E Ordinance). c as E (d) Kent and Govi ^*^„ may provide for the prepayment of all Q or a portion of its them allocable share (in increments of $5,000) of the Bonds on any date when the Bonds are subject to optional redemption (at E z the price of par plus accrued interest to the date fixed for redemption set r Q -3- Packet Pg. 26 4.A.C.a farth i the Resel ti ) upon at least 60 days written notice to Tacoma at the address shown on Schedule B. Tacoma shall apply those amounts to the redemption and prepayment of an allocable portion of the Bonds. E as L (e) Consistent with the terms of the Project Agreement, each Q Participant agrees that it will establish, maintain and collect rates and charges for water and other services, facilities and commodities sold, E, furnished or supplied by it through its water system which shall be adequate a to provide revenues sufficient to enable the Participant to make its required payments under this Agreement (in the case of Kent and r'eving*^„) and 2 the Project Agreement and comply with the rate covenants in their its respective resolutions or ordinances authorizing their its senior lien water % bonds (as such covenants may be changed). (f) Kent and Gevingt shall remain obligated to provide for its c their respeetive shares of debt service on the Bonds listed on final Schedule a A unless all Participants consent to add a new Participant or to permit an existing Participant to assign its interests to a new Participant and all of the E requirements set forth in Section 2015(c) of the Ordinance are met. In such event, Schedule A shall be adjusted to reflect the revised debt service schedule for all Participants, including the new Participant. All other terms 00 and conditions of this Agreement shall remain in full force and effect. N (g) Tacoma may in its sole discretion issue bonds that refund c the Bonds("Refunding Bonds")if and only if there is a debt service savings M for each maturity of Refunding Bonds (compared to the Bonds and except c as necessary to round out maturities to the nearest $5,000) and the final `;' Cn maturity date of the Refunding Bonds is not later than that of the Bonds. In such event, Kent and G^-,ingte shall be obligated to provide for the payment of its their respeetive shares of the principal of and interest on those Refunding Bonds, and Schedule A shall be adjusted to reflect the E revised debt service schedule for the Refunding Bonds. Refunding Bonds that do not provide the debt service savings with the maturities described Q above may be issued by Tacoma only with the written approval by bath r— Geving4ea an Kent. "Refunding Bonds" shall be treated as "Bonds" for E the purposes of this Agreement, and all other terms and conditions of this Agreement shall remain in full force and effect. 0 (B) Amendment to Section 3(a). Section 3(a) of the Original Agreement is hereby c amended as follows (deletions are stamen and additions are double underlined . E c as (a) Kent and Geving4plff shall not (a) enter into any contracts Q with private parties for the management of its them water systems or (b) enter into any contracts with a private party or the Federal Government that exceed three years(or such lesser period if informed in writing by Tacoma) z for the sale of water from the Project without providing a copy of any such r Q -4- Packet Pg. 27 4.A.C.a proposed contract to Tacoma for review by Tacoma and Tacoma's designated nationally recognized bond counsel. Kent and Gevingt shall not execute any such contract if, in the opinion of such bond counsel, the E as sales or management agreement as proposed would adversely affect the tax- exempt status on the Bonds. a c as (C) Amendment to Section 4. Section 4 of the Original Agreement is hereby amended E, as follows (deletions are sere and additions are double underlined): a L Section 4. Ongoing Disclosure. To assist the underwriters of the 2 Bonds in complying with the ongoing disclosure requirements of Section (b)(5)(i) of Securities and Exchange Commission Rule 15c2-12 under the a Securities Exchange Act of 1934, as amended (the "Rule"), Covington a Kent agrees to include reference to the Bonds in its their regular ongoing disclosure filings pursuant to the Rule or, in the absence of a regular 0 ongoing disclosure filing, to provide or cause to be provided annually to each nationally recognized municipal securities information repository and E to the state information depository for the State of Washington (if one is ° created),in each case as designated by the SEC in accordance with the Rule, audited financial statements prepared in accordance with generally accepted accounting principles applicable to Washington municipal corporations M (except as noted in such financial statements)within ei&nine months after y each fiscal year. Covington ara Kent shall provide Tacoma a copy of such � filing by each September I". m° M N SECTION 3. Conditions Precedent. This Amendment shall become effective as of the N date of issuance and delivery of the 2023 Bonds (the "Effective Date") and defeasance and/or Cn refunding of the 2013 Bonds, in full, subject to satisfaction of all of the following conditions: (A) Delivery by Tacoma of an executed (a) Resolution of the Tacoma Public Utilities as Board adopted on ,2023 requesting the issuance of the 2023 Bonds, approving a E form of the 2023 Bond Ordinance and requesting this Amendment; and (b) City Ordinance No. adopted on , 2023 authorizing the issuance of the 2023 Bonds and authorizing Q this Amendment; E (B) Delivery by each Participant to the other parties to the Original Agreement copies a of such Participant's resolution or ordinance authorizing the execution and delivery of this Amendment; and ° c as (C) Execution by each Participant of this Amendment. E c as SECTION 4. Failure to Issue Bonds or Prepay. Notwithstanding anything herein to the E contrary, this Amendment shall be null and void if either (a) the 2023 Bonds are not issued to defease and/or refund the 2013 Bonds,in full,by June 30,2024, or(b) Covington does not deliver, or cause to be delivered, funds sufficient to prepay its obligation with respect to the 2013 Bonds at or prior to the date of issuance of the 2023 Bonds and the defeasance and/or refunding of the a -5- Packet Pg. 28 4.A.C.a 2013 Bonds. The Participants hereby acknowledge and consent to Tacoma issuing the 2023 Bonds , as "Bonds" under the Original Agreement in order to provide a portion of the funds necessary to refund the 2013 Bonds. E as as L SECTION 5. Term. The amendments set forth herein shall become effective as of the a Effective Date upon satisfaction of the conditions set forth in Section 3. The Original Agreement, as amended by this Amendment, shall expire when the Bonds are no longer outstanding as provided in Section 1 of the Original Agreement. a L SECTION 6. Miscellaneous. Except as specifically amended herein, the Original ? Agreement shall continue in full force and effect in accordance with its terms. Q. THIS AMENDMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF WASHINGTON WITHOUT GIVING EFFECT TO CONFLICTS OF LAWS PROVISIONS. c O This Amendment may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. E O oo [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLLOWS] N C O m CO) N O N Ch C O O N L Q E CL O d E d E Q d E V Q _6_ Packet Pg. 29 4.A.C.a IN WITNESS WHEREOF, the Participants have caused this Amendment to be duly executed and delivered as of the Effective Date. E as as L CITY OF TACOMA,DEPARTMENT OF PUBLIC CITY OF KENT,WASHINGTON Q UTILITIES,WATER DIVISION d E d By: By: L Name: Name: Title: Title: Q. Approved as to Form: Approved as to Form: 3 c 0 By: By: Name: Name: 0 Title: Title: E 0 0 COVINGTON WATER DISTRICT LAKEHAVEN WATER AND SEWER DISTRICT oo M N By: By: 0 Name: Name: M Title: Title: N vh Approved as to Form: Approved as to Form: c By: By: E Name: Name: Title: Title: Q c as E 0 a as 0 r c as E c a� E Q c a� E z c� r Q Signature page to Amendment to Repayment Agreement Packet Pg. 30 4.A.D FINANCE DEPARTMENT Paula Painter, CPA 220 Fourth Avenue South \117KENT Kent, WA 98032 WASHINGTON 253-856-5264 DATE: June 6, 2023 TO: Kent City Council - Committee of the Whole SUBJECT: INFO ONLY: April 2023 Financial Report SUMMARY: Michelle Ferguson, Financial Planning Manager, will report out the April 2023 Financial Report. ATTACHMENTS: 1. April 2023 Financial Report (PDF) Packet Pg. 31 April 2023 Monthly Report City of Kent, Washington General Fund Overview 2023 2023 Revenues 117,372,750 39,120,543 Expenditures 120,704,980 34,998,391 Net Revenues Less Expenditures (3,332,230) 4,122,151 Beginning Fund Balance 50,920,209 0 a Ending Fund Balance 47,587,979 39.4% U c c ii 'L Q Required Ending Fund Balance Calculation Q Estimated Expenditures for 2023 (from above) 120,704,980 z 18.0% O 18% GF Ending Fund Balance 21,726,896 Z ca m in illion General Fund Ending Fund Balance 10-year History (excluding Annexation) M 60.00 50.00 47.66 50.92 47.59 m 41.97 40.00 32.98 U c 30.00 18.92 20.65 21.66 c 20.00 LL 9.46 11.91 M 10.00 CD N N 0.00 L a 2014 2015 2016 2017 2018 2019 2020 2021 Prelim 2022 Est. 2023 Q r c m E t v .r a Page 1 of 14 Packet Pg. 32 April 2023 Monthly Report po 4.A.D.a City of • General Fund Overview - Revenues CategoriesRevenue Taxes: Property 15,670,870 7,026,647 Sales & Use 30,323,830 10,238,978 Utility 241349,760 9,473,529 Business & Occupation 19,120,500 3,352,482 Other 806,120 57,904 0 Licenses and Permits 7,468,380 2,362,864 Intergovernmental Revenue 3,246,020 973,739 Charges for Services 6,632,210 2,153,637 c Fines and Forfeitures 738,080 250,811 c Miscellaneous Revenue 2,016,600 1,279,953 u- Transfers In 7,000,380 1,950,000 Q Total Revenues 117,372,750 39,120,543 Q J z O O LL z 2023 Budgeted General Fund Revenues LO M B&O Taxes o 16% Other Taxes a m 0.7% Licenses and U Permits M Intergovernmental r- Utility Taxes 6/° 6% LL M 21% N � O Charges for Services N L 6% Q Other c 17% Ines an or eI s 1% t 0 .r Misc&Transfers In Q 8% Property Taxes Sales Taxes 13% 26% Page 2 of 14 Packet Pg. 33 April 2023 Monthly Report City of Kent, Washington General Fund Revenues ($ in Thousands) All Revenues Sources Prior Year Budgeted Actual $160,000 Revenues Revenues Revenues $140,000 January 6,113 6,140 6,450 February 5,033 5,523 6,204 $120,000 March 7,099 7,600 9,524 $100,000 - - April 21,928 19,548 16,944 $80,000 May 10,834 9,079 0 $60,000 June 6,013 6,429 0 July 9,739 8,509 0 $40,000 August 7,994 6,240 0 $20,000 - September 6,622 6,327 0 m $0 October 21,272 20,657 0 W Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 11,145 8,784 0 December 20,582 12,537 0 c 23 Bud f22 Prelim 23Act Total 134,376 117,373 39,122 IL L Property Prior Year Budgeted Actual $35,000 Revenues Revenues Revenues J Z $30,000 January - 0 0 OO February 57 99 125 Z $25,000 March 11289 578 648 April 12,892 6,037 6,254 $20,000 ti LO May 3,048 1,276 0 .M. $15,000 - June 101 279 0 $10,000 _ July 59 69 0 0 NONE August 214 74 0 $5,000 September 415 251 0 FU $04111 October 11,127 5,726 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 3,487 1,182 0 C December 147 99 0 LL 23 Bud f22 Prelim 23 Act M Total 32,835 15,671 7,027 c N Prior Year Budgeted Actual Q $351 000 Revenues Revenues Revenues E $30,000 January 2,063 2,328 2,202 v February 2,329 2,731 2,609 $25,000 - March 2,112 2,343 2,717 Q $20,000 April 2,063 2,161 2,711 May 2,411 2,592 0 $15,000 June 2,167 2,384 0 $10,000 July 21239 21192 0 August 2,595 2,688 0 $5,000 September 2,334 2,528 0 $0 October 2,379 2,558 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 2,445 2,719 0 December 2,806 3,098 0 �23 Bud f22 Prelim -4-23 Act Total 27,944 30,324 10,239 Page 3 of 14 Packet Pg. 34 April 2023 Monthly Report City of Kent, Washington General Fund Revenues ($ in Thousands) Utility Tax Prior Year Budgeted Actual $30,000 212evenues Revenues Revenues January 1,980 2,415 2,517 $25,000 February 1,889 2,039 2,233 $20,000 March 1,805 2,066 2,272 April 1,859 2,172 2,452 $15,000 - - May 1,745 1,975 0 June 11690 11816 0 $10,000 July 1,713 2,149 0 August 1,581 1,877 0 y $5,000 - ) September 1,672 2,078 0 $0 October 1,656 1,874 0 0 v Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 1,575 1,934 0 C December 1,878 1,955 0LL 23 Bud f22 Prelim --+--23Act Total 21,044 24,350 9,474 L Q. TaxesOther a J Prior Year Budgeted Actual Z $10,000 - - Revenues Revenues Revenues O January 2 80 2 LL $8,000 - February 3 3 2 z March 79 10 33 to $6,000 - April 3,087 3,211 3,373 M May 1,549 1,579 0 $4,000 - June 97 200 0 0 July 3,501 3,902 0 $2,000 - August 11493 11246 0 September 141 154 0 $0 & October 3,591 4,074 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 1,234 1,113 0 LL M December 5,670 6,025 0 c 23 Bud f22 Prelim --+--23 Act Total 20,448 21,599 3,410 N •L Other Revenues Q Q (Intergovernmental, for Forfeits, and Misc Revenues) ii Prior Year Budgeted Actual $35,000 Revenues Revenues Revenuesv ca $30,000 January 2,068 2,595 1,728 Q February 755 926 1,236 $25,000 - March 1,815 2,352 3,855 $20,000 _ April 2,028 1,968 2,154 May 2,081 1,725 0 $15,000 June 1,957 2,418 0 $10,000 - July 2,227 2,124 0 August 2,110 1,512 0 $5,000 September 2,059 2,172 0 $0 October 2,520 2,666 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 2,404 1,891 0 December 10,082 4,753 0 23 Bud f22 Prelim �23Act Total 32,106 27,102 8,973 Page 4 of 14 Packet Pg. 35 April 2023 Monthly Report City of • General Fund Overview - Expenditures City Council 440,600 144,855 Administration 3,277,430 527,823 Economic & Community Dev 10,341,100 3,478,719 Finance 3,467,640 1,145,004 Fire Contracted Services 4,109,990 1,119,997 _ Human Resources 2,323,130 668,092 0 Law 1,647,990 426,031 m Municipal Court 4,254,230 1,219,217 W ra Parks, Recreation & Comm Svcs 23,247,340 6,468,607 U Police 55,547,450 17,442,523 c LL Non-Departmental 12,048,080 2,357,523 Total Expenditures 120,704,980 34,998,391 C J Z O 2023 Budgeted General Fund Expenditures Z ti Police M 46% 0 CL City Council Non-Department 0.37% 10% v � c c Human ii Resources M N 2% N Other — L 3% Q Ad inistration E Law 1% ECD Q 9% Finance Parks, Recreation & 3% Comm Svcs Fire Contracted Services 19% Municipal Court 3% 4% Page 5 of 14 Packet Pg. 36 April 2023 Monthly Report City of • General Fund • Actual Prelim Adi Budget YTD Beginning Fund Balance 41,969,901 47,660,526 50,920,209 50,920,209 Revenues Taxes: Property 32,052,967 32,835,026 15,670,870 7,026,647 Sales & Use 24,828,972 27,943,579 30,323,830 10,238,978 _ Utility 20,262,726 21,043,724 24,349,760 9,473,529 0 Business & Occupation 17,060,649 19,517,633 19,120,500 3,352,482 0 Other 613,502 930,044 806,120 57,904 W Licenses and Permits 7,171,129 8,567,857 7,468,380 2,362,864 U c Intergovernmental Revenue 3,297,871 3,406,561 3,246,020 973,739 c Charges for Services 5,299,515 8,484,198 6,632,210 2,153,637 Fines and Forfeitures 809,361 590,339 738,080 250,811 0- Miscellaneous Revenue 1,192,043 (388,056) 2,016,600 1,279,953 Transfers In 1,442,364 11,445,001 7,000,380 1,950,000 z Total Revenues 114,031,100 134,375,905 117,372,750 39,120,543 O O U- z_ Expenditures to City Council 272,914 288,639 440,600 144,855 � Administration 2,847,633 3,031,347 3,277,430 527,823 Economic & Community Dev 7,469,721 7,791,962 10,341,100 3,478,719 0 a Finance 2,574,151 2,810,207 3,467,640 1,145,004 m Fire Contracted Services 3,357,891 3,900,542 4,109,990 1,119,997 Human Resources 1,529,193 1,795,361 2,323,130 668,092 0 Law 1,444,860 1,383,659 1,647,990 426,031 = ii Municipal Court 3,386,007 3,433,032 4,254,230 1,219,217 M N Parks, Recreation & Comm Svcs 17,758,211 19,446,186 23,247,340 6,468,607 N Police 45,793,526 50,394,511 55,547,450 17,442,523 Q Public Works (720) a Non-Departmental 21,957,021 36,289,679 12,048,080 2,357,523 Total Expenditures 108,390,407 130,565,124 120,704,980 34,998,391 E 0 Net Revenues less Expenditures 5,640,693 3,810,781 (3,332,230) 4,122,151 Q Ending Fund Balance 47,610,594 51,471,307 47,587,979 55,042,361 Ending Fund Balance Detail: General Fund Reserves 47,660,526 50,920,209 47,587,979 based on same year actuals/budget 44.0% 39.0% 39.4% Page 6 of 14 Packet Pg. 37 ReportApril 2023 Monthly Financial City of Kent, Washington General Fund Year-to-Year Month Comparison 2021 i . thru April thru April thru April Variance Budget Revenues Taxes: Property 14,873,383 14,237,357 7,026,647 (7,210,710) -50.6% 44.8% Sales & Use 7,605,612 8,567,329 10,238,978 1,671,649 19.5% 33.8% Utility 6,639,025 7,532,844 9,473,529 1,940,686 25.8% 38.9% Business &Occupation 2,992,779 3,086,886 3,352,482 265,596 17.5% Other 47,854 84,365 57,904 (26,461) -31.4% 7.2% Licenses and Permits 2,390,970 2,772,342 2,362,864 (409,478) -14.8% 31.6% a Intergovernmental Revenue 949,235 960,474 973,739 13,264 1.4% 30.0% 0) Charges for Services 1,219,565 1,965,832 2,153,637 187,805 9.6% 32.5% Fines and Forfeitures 314,076 203,713 250,811 47,098 23.1% 34.0% 'Ej Miscellaneous Revenue 687,906 478,050 1,279,953 801,903 167.7% 63.5% M Transfers In 2,076,762 285,000 1,950,000 1,665,000 584.2% 27.9% S ii Total Revenues 39,797,166 40,174,191 39,120,543 (1,053,648) -2.6% 33.3% a a Expenditures City Council 93,440 99,071 144,855 45,784 46.2% 32.9% 1 Administration 285,027 204,685 527,823 323,138 157.9% 16.1% p Economic &Community Dev 2,340,505 2,385,821 3,478,719 1,092,898 45.8% 33.6% O LL Finance 879,442 892,163 1,145,004 252,841 28.3% 33.0% Z Fire Contracted Services 1,033,386 1,365,015 1,119,997 (245,017) -17.9% 27.3% Human Resources 503,407 604,158 668,092 63,934 10.6% 28.8% ti Law 458,006 471,912 426,031 (45,880) -9.7% 25.9% Municipal Court 1,085,054 1,103,912 1,219,217 115,305 10.4% 28.7% Parks, Recreation & Comm Svcs 5,047,727 5,697,777 6,468,607 770,830 13.5% 27.8% a Police 14,539,653 15,463,144 17,442,523 1,979,379 12.8% 31.4% � Non-Departmental 4,856,894 1,683,258 2,357,523 674,265 40.1% 19.6% @ Total Expenditures 31,122,540 29,970,916 34,998,391 5,027,475 16.8% 29.0% U c M c ii GF Revenues thru April GF Expenditures thru April o N 16,000,000 20,000,000 E. 14,000,000 - 18,000,000 Q- Q 16,000,000 12,000,000 - 14,000,000 - m 10,000,000 - 12,000,000 t 8,000,000 _ ■2021 10,000,000 92021 0 6,000,000 a2022 8,000,000 - 0 2022 Q 4,000,000 L12023 6,000,000 - L!2023 4,000,000 - 2,000,000 idil` 2,000,000 0 0 Property Sales& Utility Other Police Parks *General ECD Non-Dept Taxes Use Taxes Taxes Revenues Govt. &Other *General Govt. includes City Council,Administration, HR,IT,&Finance Page 7 of 14 Packet Pg. 38 4.A.D.a April123 Monthly Financial Report City of Kent, Washington Fund Balances • Estimated Estimated Beginni.ng Estimated Estimated Ending Fund Fund Balance Revenues Expenditures Balance Operating revenues and expenditures only; capital and non-capital projects are excluded. General Fund 0 a General Fund 50,920,209 117,372,750 120,704,980 47,587,979 0 Special Revenue Funds ra U Street Fund 18,146,053 20,550,910 21,067,060 17,629,903 c LEOFF 1 Retiree Benefits 1,015,707 1,289,890 1,581,160 724,437 u- Lodging Tax 450,235 280,260 268,880 461,615 -0- Youth/Teen Programs 482,625 1,049,920 1,049,920 482,625 Q Capital Resources 30,876,919 10,101,740 34,517,570 6,461,089 Z Criminal Justice 11,447,849 10,298,340 14,176,900 7,569,289 O Human Services 2,544,857 4,100,220 4,100,220 2,544,857 0 ShoWare Operating 4,009,903 1,159,000 3,429,620 1,739,283 Z Impact Fee Fund 4,150,840 4,150,840 LO Other Operating 596,733 112,700 112,700 596,733 Debt Service Funds c Q. Councilmanic Debt Service 1,430,000 7,558,440 8,259,280 729,160 W Special Assessments Debt Service 313,116 238,000 201,900 349,216 2 U c Enterprise Funds M c Water Utility 18,111,475 31,520,630 32,767,620 16,8641485 M Sewer Utility 5,576,474 37,418,820 39,108,990 3,886,304 N 0 N Drainage Utility 16,825,386 26,762,680 31,591,100 11,996,966 a Solid Waste Utility 541,955 788,860 932,240 398,575 a Golf Complex 731,090 3,372,200 3,063,080 1,040,210 E Internal Service Funds Fleet Services 7,276,391 8,206,270 11,939,000 3,543,661 Q Central Services 144,866 352,820 375,610 122,076 Information Technology 2,322,409 12,912,450 13,192,950 2,041,909 Facilities 3,420,229 6,630,870 8,301,690 1,749,409 Unemployment 1,347,482 160,690 206,990 1,301,182 Workers Compensation 2,380,429 1,200,260 2,387,570 1,193,119 Employee Health & Wellness 9,621,934 15,502,710 15,893,380 9,231,264 Liability Insurance 7,245,529 2,065,130 4,617,120 4,693,539 Property Insurance 996,581 1,389,600 915,820 1,470,361 Page 8 of 14 Packet Pg. 39 April 2023 Monthly Report 0�111111114 City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Actual Prelim Adj Budget YTD Operating revenues and expenditures only; capital and non-capital projects are excluded. In instances where expenditures exceed revenues, fund balance is being utilized. Special Revenue Funds Street Fund Revenues 20,419,435 21,593,834 20,550,910 4,870,894 Expenditures 16,768,746 18,603,867 21,067,060 3,245,408 Net Revenues Less Expenditures 3,650,689 2,989,967 (516,150) 1,625,486 °a m LEOFF I Retiree Benefits Revenues 1,199,965 1,119,751 1,289,890 318,660 Expenditures 1,519,460 1,375,512 1,581,160 348,576 c Net Revenues Less Expenditures (319,495) (255,761) (291,270) (29,916 u- L Lodging Tax Q Revenues 221,252 565,735 280,260 75,624 Expenditures 165,720 244,710 268,880 78,773 Z Net Revenues Less Expenditures 55,532 321,025 11,380 (3,149 0 Youth/Teen Programs '_ z Revenues 977,243 1,021,664 1,049,920 4 17,15 1 Expenditures 822,054 925,650 1,049,920 2,207 Net Revenues Less Expenditures 155,189 96,014 414, 444 Capital Resources Revenues 28,353,626 27,052,450 27,422,170 11,347,300 m Expenditures 18,092,140 20,482,883 34,517,570 1,735,587 W Net Revenues Less Expenditures 10,261,487 6,569,567 (7,095,400) 9,611,713 .� Criminal Justice c Revenues 9,774,373 10,036,211 10,298,340 3,681,260 Expenditures 7,540,042 9,102,237 14,176,900 2,838,178 m Net Revenues Less Expenditures 2,234,331 933,974 (3,878,560) 843,082 N Human Services a Revenues 3,796,657 4,220,533 4,100,220 1,357,259 a Expenditures 2,704,110 2,813,399 4,100,220 180,161 Net Revenues Less Expenditures 1,092,547 1,407,133 1,177,098 E Sho Ware Operating Revenues 3,079,558 1,118,076 1,150,000 1,395 Expenditures 2,091,661 4,070,350 3,429,620 297,235 Q Net Revenues Less Expenditures 987,897 (2,952,274) (2,279,620) (295,841 Impact Fee Fund Revenues 3,957,718 3,152,179 4,150,840 358,123 Expenditures 3,958,033 3,152,179 4,150,840 259,359 Net Revenues Less Expenditures (316) 98,764 Other Operating Revenues 128,175 136,681 112,700 Expenditures 104,945 130,685 112,700 1,077 Net Revenues Less Expenditures 23,230 5,996 (1,077 Page 9 of 14 Packet Pg. 40 April 2023 Monthly Report City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Actual Prelim Adj Budget YTD Operating revenues and expenditures only; capital and non-capital projects are excluded. In instances where expenditures exceed revenues, fund balance is being utilized. Debt Service Funds Councilmanic Debt Service Revenues 7,988,547 7,868,681 7,558,440 Expenditures 8,348,722 8,563,855 8,259,280 15,935 Net Revenues Less Expenditures (360,174) (695,174) (700,840) (15,935 0a m Special Assessment Debt Service Revenues 1,035,745 720,252 238,000 45,131 Expenditures 858,473 682,020 201,900 M LL Net Revenues Less Expenditures 177,272 38,232 36,100 45,131 Enterprise Funds •L Q a Water Utility Revenues 29,810,341 27,248,310 31,520,630 9,228,070 z Expenditures 28,183,254 25,715,550 32,767,620 7,092,010 0 Net Revenues Less Expenditures 1,627,087 1,532,759 (1,246,990) 2,136,060 U z Sewer Utility Revenues 34,846,524 35,327,444 37,418,820 12,425,142LO ti Expenditures 33,974,459 32,992,562 39,108,990 11,525,361 Net Revenues Less Expenditures 872,065 2,334,882 (1,690,170) 899,781 0 a Drainage Utility Revenues 25,408,140 23,578,055 26,762,680 8,943,745 Expenditures 23,609,481 27,487,423 31,591,100 5,333,137 Net Revenues Less Expenditures 1,798,659 (3,909,368) (4,828,420) 3,610,608 c ii Solid Waste Utility M Revenues 855,492 1,420,728 788,860 308,561 0 Expenditures 995,385 1,150,283 932,240 356,361 N Net Revenues Less Expenditures (139,893) 270,444 (143,380) (47,801 a Golf Complex Revenues 2,526,316 3,390,623 3,372,200 696,241 m Expenditures 4,513,837 3,037,111 3,063,080 986,362 t Net Revenues Less Expenditures (1,987,522) 353,513 309,120 (290,121 Internal Service Funds Fleet Services Revenues 5,674,822 8,140,454 8,206,270 2,699,837 Expenditures 4,894,499 5,176,889 11,939,000 2,290,896 Net Revenues Less Expenditures 780,323 2,963,565 (3,732,730) 408,941 Central Services Revenues 355,897 315,477 370,960 105,509 Expenditures 320,247 293,990 375,610 98,238 Net Revenues Less Expenditures 35,650 21,487 (4,650) 7,271 Page 10 of 14 Packet Pg. 41 April 2023 Monthly Report City of Kent, Washington Other Funds Overview (Revenues and Expenditures) 2021 2022 2023 2023 Actual Prelim Adj Budget YTD Operating revenues and expenditures only; capital and non-capital projects are excluded. In instances where expenditures exceed revenues, fund balance is being utilized. Information Technology Revenues 10,506,136 11,463,291 12,894,310 4,082,942 Expenditures 10,411,640 11,555,854 13,192,950 4,563,162 Net Revenues Less Expenditures 94,496 (92,563) (298,640) (480,220 Facilities °a Revenues 6,704,998 6,244,232 6,630,870 2,059,239 W Expenditures 6,222,434 7,778,683 8,301,690 2,166,961 r Net Revenues Less Expenditures 482,564 (1,534,451) (1,670,820) (107, 221 c M Unemployment r_ ii Revenues 134,862 117,126 168,370 64,250 - L Expenditures 161,765 107,826 206,990 54,776 Q- Net Revenues Less Expenditures (26,902) 9,300 (38,620) 9,474 Workers Compensation Z Revenues 1,019,589 3,172,019 1,761,030 666,697 O Expenditures 1,788,435 2,222,646 2,387,570 904594 0_ Net Revenues Less Expenditures (768,845) 949,374 (626,540) (237,897 Z ca Employee Health & Wellness n M Revenues 15,795,365 15,793,817 16,286,430 5,664,562 " Expenditures 14,736,998 14,773,343 15,893,380 4,660,712 0 0. Net Revenues Less Expenditures 1,058,367 1,020,474 393,050 1,003,850 Liability Insurance U Revenues 8,119,358 8,677,522 4,007,230 1,490,546 c Expenditures 4,307,222 3,923,787 4,617,120 2,700,579 Net Revenues Less Expenditures 3,812,136 4,753,734 (609,890) (1,210,033 N 0 N Property Insurance — 'L Revenues 605,819 1,171,973 940,320 317,802 a Expenditures 677,950 818,003 915,820 420,895 Net Revenues Less Expenditures (72,131) 353,969 24,500 (103,093 E t Other Fund Revenues Other Fund Expenditures a 80,000,000 o Special 80,000,000 O Special Revenue Revenue 60,000,000 Funds 60,000,000 u Enterprise Funds 40,000,000 Funds 40,000,000 LiEnterprise Funds 20,000,000 o Internal 20,000,000 Service Funds 0 o Internal 0 Service 2021 2022 2023 2021 2022 2023 Actuals Prelim Budget Actuals Prelim Budget Funds Page 11 of 14 Packet Pg. 42 April 2023 Monthly Report City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Year-to-Year Month Comparison thru April thru April thru April Variance Operating revenues and expenditures only; capital and non-capital projects are excluded. Special Revenue Funds Street Fund Revenues 4,773,866 5,212,627 4,870,894 (341,733) -6.6% Expenditures 3,218,639 4,235,052 3,245,408 (989,644) -23.4% Net Revenues Less Expenditures 1,555,227 977,575 1,625,486 0 a LEOFF I Retiree Benefits Revenues 363,871 344,605 318,660 (25,945) -7.5% Expenditures 515,689 493,498 348,576 (144,922) -29.4% Net Revenues Less Expenditures (151,818) (148,893) (29,916) M c ii Lodging Tax - L Revenues 42,793 345,783 75,624 (270,159) -78.1% Q Expenditures 50,403 25,461 78,773 53,312 209.40/c Net Revenues Less Expenditures (7,610) 320,322 (3,149) _J z Youth/Teen Programs O O Revenues 355,550 374,780 417,151 42,371 11.30/a LL Expenditures 2,600 2,093 2,207 113 5.40/a z Net Revenues Less Expenditures 352,950 372,687 414,944 LO Capital Resources Revenues 5,036,052 8,090,784 11,347,300 3,256,516 40.20/a V_ Expenditures 1,495,101 525,590 1,735,587 1,209,997 230.20/a a Net Revenues Less Expenditures 3,540,951 7,565,195 9,611,713 Criminal Justice U Revenues 2,799,177 3,315,447 3,681,260 365,813 11.0O/C r- Expenditures 2,043,615 2,648,615 2,838,178 189,562 7.20/c Net Revenues Less Expenditures 755,562 666,832 843,082 M N O ShoWare Operating N Revenues 855 1,395 1,395 Q. Expenditures 540,461 588,329 297,235 (291,094) -49.50/. Q Net Revenues Less Expenditures (539,606) (588,329) (295,841) m Admissions Tax revenues received quarterly (April, July, September, January) t Impact Fee Fund Revenues 959,339 659,166 358,123 (301,042) -45.70/c Q Expenditures 738,643 646,938 259,359 (387,579) -59.90/c Net Revenues Less Expenditures 220,696 12,228 98,764 Other Operating Revenues Expenditures 13,261 26,783 1,077 (25,707) -96.0% Net Revenues Less Expenditures (13,261) (26,783) (1,077) Combines several small programs, including City Art Program and Neighborhood Matching Grants Page 12 of 14 Packet Pg. 43 April 2023 Monthly Report City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Year-to-Year Month Comparison thru April thru April thru April Variance Operating revenues and expenditures only; capital and non-capital projects are excluded. Debt Service Funds Councilmanic Debt Service Revenues Expenditures 12,986 13,180 15,935 2,755 20.90/a Net Revenues Less Expenditures (12,986) (13,180) (15,935) _ CL Debt service payments are generally due in June and December. Special Assessments Debt Service Revenues 142,434 11,016 45,131 34,114 309.70/0 Expenditures 2,037 2,177 (2,177) -100.00/0 c Net Revenues Less Expenditures 140,397 8,840 45,131 ii 'L Enterprise Funds a Water Utility J Revenues 8,810,918 7,978,936 9,228,070 1,249,135 15.7% z0 Expenditures 5,186,972 5,307,113 7,092,010 1,784,897 33.60/c p Net Revenues Less Expenditures 3,623,946 2,671,822 2,136,060 U_ z Sewer Utility m Revenues 11,257,571 11,523,306 12,425,142 901,836 7.80/c LO Expenditures 10,038,872 10,646,068 11,525,361 879,293 8.30/c Net Revenues Less Expenditures 1,218,698 877,238 899,781 V_ 0 a Drainage Utility m Revenues 7,987,020 8,297,153 8,943,745 646,592 7.80/c Expenditures 5,710,974 5,432,172 5,333,137 (99,036) -1.8% 'U Net Revenues Less Expenditures 2,276,047 2,864,980 3,610,608 M c Solid Waste Utility ii Revenues 224,347 266,571 308,561 41,990 15.80/a N Expenditures 306,967 423,847 356,361 (67,486) -15.9% N Net Revenues Less Expenditures (82,620) (157,277) (47,801) a Golf Complex Q Revenues 593,690 713,533 696,241 (17,291) -2.40/c c Expenditures 2,532,970 895,654 986,362 90,708 10.1O/C E Net Revenues Less Expenditures (1,939,280) (182,121) (290,121) Internal Service Funds .r a Fleet Services Revenues 1,886,783 1,902,164 2,699,837 797,674 41.90/c Expenditures 1,545,253 1,751,771 2,290,896 539,125 30.80/c Net Revenues Less Expenditures 341,531 150,393 408,941 Central Services Revenues 100,606 86,525 105,509 18,983 21.90/c Expenditures 108,206 67,293 98,238 30,945 46.00/c Net Revenues Less Expenditures (7,600) 19,233 7,271 Information Technology Revenues 3,116,931 3,208,865 4,082,942 874,077 27.20/c Expenditures 3,299,167 3,644,210 4,563,162 918,952 25.2% Net Revenues Less Expenditures (182,236) (435,345) (480,220) Page 13 of 14 Packet Pg. 44 April 2023 Monthly Report City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Year-to-Year Month Comparison 2021 2022 2023 2023-2022 thru April thru April thru April Variance Operating revenues and expenditures only; capital and non-capital projects are excluded. Facilities Revenues 1,831,449 1,872,054 2,059,239 187,185 10.0O/C Expenditures 1,441,393 1,598,849 2,166,961 568,112 35.50/c Net Revenues Less Expenditures 390,056 273,205 (107,721) Unemployment Revenues 52,193 53,585 64,250 10,666 19.9% m Expenditures 66,989 38,212 54,776 16,564 43.30/c W Net Revenues Less Expenditures (14,796) 15,373 9,474 ra U c Workers Compensation c Revenues 350,848 485,125 666,697 181,572 37.40/c ii Expenditures 654,326 784,197 904,594 120,397 15.40/c Net Revenues Less Expenditures (303,479) (299,073) (237,897) a Employee Health & Wellness _J Revenues 5,314,213 5,431,259 5,664,562 233,303 4.30/a p Expenditures 4,615,766 4,497,674 4,660,712 163,038 3.60/c O Net Revenues Less Expenditures 698,447 933,586 1,003,850 Z Liability Insurance ti Revenues 5,432,448 1,033,788 1,490,546 456,758 44.20/c M Expenditures 2,323,025 2,204,499 2,700,579 496,081 22.50/c Net Revenues Less Expenditures 3,109,423 (1,170,711) (1,210,033) a m Property Insurance Revenues 204,929 260,592 317,802 57,209 22.00% Expenditures 308,527 358,495 420,895 62,400 17.40/c r- Net Revenues Less Expenditures (103,598) (97,903) (103,093) _ ii M N O Other Fund Revenues thru April Other Fund Expenditures thru April N •L Q Q 35,000,000 25,000,000 c 30,000,000 m t 20,000,000 25,000,000 20,000,000 15,000,000 Q 15,000,000 ■2021 0 2021 0 2022 10,000,000 0 2022 10,000,000 u 2023 5,000,000 a 2023 5,000,000 - 0 0 - t Special Enterprise Internal Special Enterprise Internal Revenue Funds Service Funds Revenue Funds Service Funds Funds Funds Page 14 of 14 Packet Pg. 45 4.A.E.1 ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT Kurt Hanson, AICP, EDFP 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5454 DATE: June 6, 2023 TO: Kent City Council - Committee of the Whole SUBJECT: ARPA Reallocation; Agreements with National Development Council - Authorize MOTION: I move to reallocate $600,000 of ARPA funds budgeted for expansion and start-up of businesses and non-profit day care and early learning operators to the Commercial Affordability Grant Program, to award to the National Development Council $1,600,000 in ARPA funds to use to award grants to Kent businesses, to contract with National Development Council to establish a Commercial Affordability Grant Program and provide technical assistance at a cost of $100,000, and authorize the Mayor to sign all necessary documents, subject to terms and conditions acceptable to the Economic and Community Development Director and the City Attorney. SUMMARY: National Development Council (NDC) has already partnered with the City of Kent, the state of Washington, and other municipalities in administering contributions from the City to the Small Business Flex Fund Loan program. In that effort, the City of Kent provided just over $1.6 million dollars of its American Recovery Plan Act monies to NDC for the purpose of contributing to a regional loan fund for businesses still struggling to recover from the economic impacts of the pandemic. This partnership yielded 33 small business loans in Kent (84.8% of which identified as diverse; including 14.4% Black/African American owned, 24.2% Asian-owned; 12.1% Latinx-owned; 3.0% Veteran-owned; 3.0% LGBTQ+; and 39.3% women). NDC proved itself a capable partner, overseeing loans to Kent businesses in the amount of $3,250,000 million and closing on loan applications originating in Kent at a rate above state and national averages. Unlike the Flex Fund project, this Commercial Affordability grant project will be establishing a new and limited-term program-using one-time federal recovery act funds-in Kent rather than participation in one already established (the Flex Fund). Thus, the City is seeking to use its budgeted general fund monies in contracting with NDC for creation and establishment of the program. In identifying barriers to smaller scale business recovery and expansion in Kent- even prior to the pandemic-a very specific item kept coming up, one not easily addressed by simple provision of low interest loans-which is the high expenses involved in outfitting affordable and available commercial spaces. Kent participated in a King County and National Development Council "Commercial Affordability Pilot" Packet Pg. 46 4.A.E.1 project before and during the pandemic. These challenges, previously highlighted at City of Kent Council workshops, are particularly acute in growing capital expense intensive commercial operations in day care. Over 80% of Kent's primarily zoned commercial and industrial use are in US Qualified Census Tracts-areas of observed lower-incomes. Many parts of Kent now have high land, utility, and construction costs relative to area median incomes or rents, and the barriers to tenant improvement or new construction for smaller businesses is too steep and creates a barrier to growth or provision of critical services in these neighborhoods. While the difficulties to development are myriad in Kent's Midway, Downtown Commercial Area, and Kent's southeast commercial area significant grant awards on basis of project viability, potential socioeconomic impact, project readiness, equity weighting to either the tenant improvement or predevelopment phases may be sufficient to catalyze projects-particularly in portions of city where there are other development tools available for projects that can coalesce further in their start-up, planning phases. Therefore, Economic Development proposes that NDC be placed in the subrecipient role of managing $1,600,000 worth of ARPA funds to address commercial affordability issues facing small business clients-making an estimated minimum of four awards and as many as eight depending on project intake and discretion to applications received and evaluated. Grants offered will cover non-construction costs of projects, particularly in the pre-predevelopment, predevelopment phases, or in the design phases of tenant improvements to help expansion work and inclusion of commercial neighborhood services into new housing developments within projects. Other applicants not suitable for grant will be directed to additional technical assistance resources to better prepare them. Staff with work with NDC to ensure that program criteria encourage a commensurate portion of grants being awarded from this program to support day care and child-care operators. The multiyear window for ARPA funds also gives a few years to consider new ways to create spaces for this purpose, such as through public private partnerships; tax increment financing options; resources like Sound Transit revolving loan funds; or existing incentive programs like multi-family tax exemptions to take catalyzed projects further in closing affordability gaps in our federally designated difficult development areas. BUDGET IMPACT: 600K ARPA Reallocation; $1.6 million ARPA; $100,000 general fund SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Packet Pg. 47 4.A.E.1 Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. DRAFT NDC Commercial Affordability Subrepient Agreement (PDF) 2. DRAFT ConsultantServicesAgreement-NDC Commercial Affordability (PDF) Packet Pg. 48 4.A.E.1.1 Commercial Affordability Project and Grant Program — CITY OF KENT Pursuant to 2 CFR 200.332(a)(1) Federal Award Identification E _ a i Agency Name must match the name associated ii Unique Entity Identifie o (�) g Y ( ���) q tY z with its unique entity identifier) r(i.e., DUNS) > aD National Council for Community Development Inc 073273294 a (iii) Federal Award (iv)Federal Award v)Federal Period of vi) Federal Budget Period Identification Number(FAIN) Date 3erformance Start and Start and End Date 0 nd Date SLFRP3352 June 3, 2021 vlarch 3, 2021 — March 3, 2021 — Z ecember 31, 2026 Ipecember 31, 2026 r (vii)Amount of Federal viii)Total Amount of Federal (ix)Total Amount of the Federal 3 Funds Obligated to the unds Obligated to the agency Award Committed to the agency agency by this action: y $1,600,000 3,250,000 J�3,250,000 E (x) Federal Award Project Description: a CORONA VIRUS STATE AND LOCAL FICCAL RECOVERY FUNDS—CITY OF KENT 0 r �a (xi) Federal Awarding Agency: ass-Through Entity: [nd arding Official Name o DEPARTMENT OF THE CITY OF KENT Contact Information: William Ellis, TREASURY ef Economic Development Officerllis@kentwa.gov Q II d (xii)Assistance Listing CFDA Number and Name (the pass-through entity (xiii)Identification of Whether Q must identify the dollar amount made available under each Federal award and the Award is R&D the CFDA number at time of disbursement) NO 21.027-CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS _ m _ M (xiv)Indirect Cost Rate for Payment Method (lump Is the Agency a Subrecipient the ��ward m payment or reimbursement) For the Purposes m Federal Award Df This Agreement? E LUMP SUM a� N/A YES-Subrecipient II Q r c a� .Q a� PASS-THRU ENTITY City of Kent RECIPIENT National Council for NAME Community Development, Inc. N Name: Dana Ralph Name: Daniel March III Title: MayorTitle: President CU Signature: Signature: ,o Q Date: Date: L W E E 0 U U 0 Z H u_ Q r c d E t R w r Q Packet Pg. 49 4.A.E.1.1 c a� E AGREEMENT o as Contractor National Council for Community Development, Inc. o Project Title Commercial Affordability Grant Program Contract Amount $ $1,600,000 c r Contract Period From: July 1, 2023 To December 31, 2026 z DUNS No. (if applicable) 073273294 SAM No. (if applicable) X3J4ZFLNKKM9 r 3 THIS AGREEMENT ("Contract") is entered into by CITY OF KENT, a political subdivision of the State of Washington (the "City"), and National Council for Community Development ("Contractor"), a Washington nonprofit corporation (the "Contractor"), with offices at 1111 Superior Avenue, Suite 1114, Cleveland, OH 44114. a c 0 FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES c Coronavirus Local Fiscal 2 Recover CLFR) See Contract Amount Above See Contract Period Above a The City desires to provide grant funds to the Contractor as described in this Contract. a a In consideration of payments, covenants, and agreements hereinafter mentioned, to be made ti and performed by the parties hereto, the parties mutually agree as follows: M 1. Contractor understands and agrees that funds provided under this Contract may come from a federal source and agrees to comply with any and all additional applicable terms. a� L A. Contractor Capacity. Contractor agrees and confirms that it has the institutional, a managerial and financial capacity to ensure proper planning, management and completion of the Contract. .Q a� B. Technical Assistance. If, at any time, Contractor believes its capacity is compromised or Contractor otherwise needs any sort of assistance, it SHALL immediately notify the U) City. The City will make best efforts to provide timely technical assistance to the Contractor to bring the Contract into compliance. C. Compliance with Act. Contractor understands and agrees that funds provided under o this Contract may only be used in compliance with section 603(c) of the Social Security a Act (the Act), as added by section 9901 of the American Rescue Plan Act, the U.S. Department of Treasury's ("Treasury's') regulations implementing that section, and 2 guidance issued by Treasury regarding the foregoing. E D. Definitions. E 0 U Words and terms shall be given their ordinary and usual meanings. Where used in the o Contract documents, the following words and terms shall have the meanings indicated. The Z meanings shall be applicable to the singular, plural, masculine, feminine and neutral of the Q words and terms. Capitalized terms used in Exhibit A hereto are incorporated by reference herein. r c as E ACCEPTANCE OR ACCEPTED - A written determination by the City that the Contractor has .r r a Rev. 10/12/21 Page 2 of 22 Packet Pg. 50 4.A.E.1.1 completed the Work in accordance with the Contract. as BENEFICIARY - An individual or organization that receives federal funds as an eni E0. user to respond to the negative impacts of COVID-19 on that 2 individual or organization. o CONTRACT AMENDMENT - A written change to the Contract modifying, deleting or adding to the terms and conditions or Scope of Work, signed by both partie .2 with or without notice to the sureties. z CONTRACTOR - The individual, association, partnership, firm, company, 3 corporation, or combination thereof, including joint ventures, contracting with the City for the performance of Work under the Contract. A beneficiary is not a contractor. L DAY - Calendar day. a EFFECTIVE DATE- The date the Contract is signed by the City .2 o KCC - The Kent City Code. c as PERSON - Includes individuals, associations, firms, companies, corporations W partnerships, or combination thereof, including joint ventures. a PROJECT MANAGER - The individual designated by the City to manage the project on a Q daily basis and who may represent the City for Contract administration. n M RCW - The Revised Code of Washington. as SCOPE OF WORK(SOW) - An exhibit to the Contract consisting of a written description of the E Work to be performed. a SUBCONTRACTOR - The individual, association, partnership, firm, company, corporation, or combination thereof, including joint ventures, .Q entering into an agreement with the Contractor to perform any portion of the Contractor's Work covered by this Contract. A beneficiary is not a subcontractor. SUBRECIPIENT- An entity that uses the awarded funds to carry out a program for public purpose specified in the authorizing statute or ordinance, a o opposed to providing goods or services for the benefit of the City. a A beneficiary is not a subrecipient. 6 U WORK - Everything to be provided and done for the fulfillment of the Contract and shall include services, goods and supplies specified E under this Contract, including Contract Amendments. U U Z H 2. Contract Services and Requirements, and Incorporated Exhibits. Q 0 The Contractor shall provide services and meet the requirements included in this Contract and in the following attached exhibits, each of which is incorporated herein by this reference: a E r a Page 3 of 22 Packet Pg. 51 4.A.E.1.1 EXHIBIT NAME NUMBER/LETTER Scope of Work A o Civil Rights Certification B 0 Lobbying Certification/Disclosure Form C c Cost Certification D 0 r City of Kent Equal Employment Opportunity Policy/ Z Compliance Statement E 3 A. Scope of Eligible Expenditures. Funds shall only be used to pay or reimburse costs and expenditures as described in Exhibit A. No funds may be used to pay or E reimburse expenditures reimbursed under any other federal or state program, or from any other third-party source. a B. Contractor Responsibilities. The funds provided under the Contract may come from a c federal source. Contractor agrees to administer the Contract consistent with the terms W and conditions of this Contract, in accordance with section 603(c) of the Act, the c Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing, as well as any other applicable federal laws and regulations. As part of the invoicing process, the Contractor shall provide the City with a "Cost a Certification" that funding of this Contract was used for eligible expenditures. Q Contractor shall also provide the City with a "Civil Rights Certification" prior to payment for work authorized by this Contract. LO C. Reporting. Contractor shall provide the City with the following reports in a timely r manner: c as i. Monthly/ Quarterly Expenditure Report by the 1011 of month following expenditure to facilitate required quarterly City reporting. However, this reporting will be limited to an accounting of the number of loans and their amounts originated in the City, a and such reporting shall only occur until all funds have been disbursed. Timeframes for more detailed reporting will be as set forth in the Scope of Work, Exhibit A. ii. Payment Request Report U) iii. Closeout Report 3. Contract Term. 0 A. The Contractor acknowledges that the allowed Federal Period of Performance for the a expenditure of federal funds provided for under this Contract is March 3, 2021 to 2 December 31, 2026 (the "Contract Term"). B. This Contract shall begin when countersigned by City of Kent. 0 U 0 Z 4. Grant Funds Disbursement. U_ a The City shall disburse to NDC its lump sum payment, upon receiving an invoice and the o required documentation, following the Effective Date. Grant funds are to be used to support the projects detailed in Exhibit A. 5. Internal Control and Accounting System. v r a Page 4 of 22 Packet Pg. 52 4.A.E.1.1 c The Contractor shall establish and maintain a system of accounting and internal controls that E complies with the generally accepted accounting principles issued by the Financial Accounting o Standards Board (FASB), the Governmental Accounting Standards Board (GASB), or both as ., is applicable to the Contractor's form of doing business. o 6. Debarment and Suspension Certification. c r If this Contract is a covered transaction for purposes of federally funded grant requirements, Z the Contractor is required to verify that none of the Contractor, its principals, as defined at 49 r CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined N at 49 CFR 29.940 and 29.945. The Contractor is required to comply with 49 CFR 29, Subpart c C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier E covered transaction it enters into. Debarment status may be verified at https://www.sam.gov By signing and submitting this Contract, the Contractor certifies as follows: a c The certification in this clause is a material representation of fact relied upon by City 2 W of Kent. If it is later determined that the Contractor knowingly rendered an erroneous 0 certification, in addition to remedies available to City of Kent, the Federal 2 Government may pursue available remedies, including but not limited to suspension and/or debarment. The Contractor agrees to comply with the requirements of 49 a CFR 29, Subpart C while performing this Contract and further agrees to include a Q provision requiring such compliance in its lower tier covered transactions. ti LO M 7. Maintenance of Records. r c as A. Accounts and Records: E as a� L i. Contractor shall maintain ALL (100%) records and financial documents sufficient to a evidence compliance with section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. These records shall be maintained for a period of six (6) years after the last date that all funds have been expended or returned to the City, whichever is v) later, to ensure proper accounting for all funds and compliance with the Contract. ii. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic o and otherwise) of Contractor in order to conduct audits or other investigations. a iii. The Contractor shall maintain for a period of six years after termination of this Contract accounts and records, including personnel, property, financial, and programmatic records and other such records the City may deem necessary to ensure proper E accounting and compliance with this Contract. G U U Z B. Nondiscrimination and Equal Employment Records: a In accordance with the nondiscrimination and equal employment opportunity o requirements set forth herein, the Contractor shall maintain the following for a period of six years after termination of this Contract: i. Records of Contractor's employment, employment advertisements, application r a Page 5 of 22 Packet Pg. 53 4.A.E.1.1 forms, and other data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits E under this Contract by Contractor; and o as ii. Records, including written quotes, bids, estimates or proposals, submitted to the o Contractor by all entities seeking to participate in this Contract, and any other information necessary to document the actual use of and payments to c subcontractors and suppliers in this Contract, including employment records. z The City may visit the Contractor's office to review these records. The Contractor r shall provide all help requested by the City during such visits and make the 3 foregoing records available to the City for inspection and copying. At all reasonable c times, the Contractor shall provide to the City, the state, and/or federal agencies or E officials access to its facilities—and will make reasonable efforts to provide access to the facilities of any subcontractor assigned any portion of this Contract in order to a monitor and evaluate the services provided under this Contract. The City will give reasonable advance notice to the Contractor in the case of audits to be conducted c by the City. The Contractor shall comply with all record keeping requirements of any applicable federal rules, regulations or statutes included or referenced in the contract documents. If different from the Contractor's address listed above, the Contractor shall inform the City in writing of the location of its books, records, documents, and other evidence for which review is sought, and shall notify the City in writing of any changes in location within 14 days of any such relocation. Q ti 8. Evaluations and Inspections. LO M A. Subject to Inspection, Review, or Audit: c as E The records and documents with respect to all matters covered by this Contract shall be subject at all time to inspection, review, or audit by the City and/or federal/state a officials authorized by law during the performance of this Contract and for six years after termination hereof, unless a longer retention period is required by law. .Q a� L B. Contract Monitoring and Public Records Requests U) The Contractor and the City shall engage in monitoring visits to assess the Contractor's compliance with contract requirements, quality, and practices. The City will execute monitoring visits in accordance with the applicable frequency, as o prescribed by the controlling Exhibit under this Contract. The Contractor shall cooperate with the City and its agents to assess the Contractor's performance under a this Contract. At the request of the City, the Contractor shall implement a plan to U remedy any items of noncompliance identified during the monitoring process. E The results and records of these processes shall be maintained and disclosed in G U accordance with RCW Chapter 42.56. v 0 z If the Contractor considers any portion of any record provided to the City under this Contract, whether in electronic or hard copy form, to be protected under law, the Contractor shall clearly identify each such portion with words such as o "CONFIDENTIAL," "PROPRIETARY" or"BUSINESS SECRET." c All records of Beneficiaries that contain financial information pertaining to its business E or any personally identifiable information shall be considered confidential whether or r a Page 6 of 22 Packet Pg. 54 4.A.E.1.1 not labeled as such. If a request is made for disclosure of such portion, the City will immediately notify Contractor and determine, in consultation with Contractor, whether E the material should be made available under the Act. If the City determines that the o material is subject to disclosure, the City will notify the Contractor of the request and > allow the Contractor fourteen (14) days to obtain an injunction in accordance with RCW o 42.56.540. If the Contractor fails or neglects to take such action within said period, the c City will release the portions of record(s) deemed by the City to be subject to ° r disclosure. The City shall not be liable to the Contractor for inadvertently releasing z records pursuant to a disclosure request not clearly identified by the Contractor as r "CONFIDENTIAL," "PROPRIETARY" or"BUSINESS SECRET" or otherwise deemed 3 confidential as aforesaid. C. Performance, Measurement and Evaluation aEi as L The Contractor shall submit performance metrics and program data as set forth in a Exhibits to this Contract. The Contractor shall participate in evaluation activities as c required by the City and shall make available all information required by any such performance measurement and evaluation processes. c D. Unauthorized Disclosure: a a The Contractor and the City each agrees that all information, records, and data collected in connection with this Contract shall be protected from unauthorized Q disclosure in accordance with applicable state and federal law. LO 9. Financial Report Submission. as E a) The Contractor is required to submit a financial reporting package as described in A below and M, Exhibit A. All required documentation must be submitted by email to Bill Ellis, a r Wellis@kentwa.gov by the stated due date. .Q as A. If the Contractor is a Non-Federal entity as defined in 2 CFR Part 200.69 and expends 750 000 or more in Federal awards during its fiscal year, then the Contractor shall v) meet the audit requirements in 2 CFR Part 200 Subpart F. Audit packages are due to the City within nine months after the close of the Contractor's fiscal year. E L 10. Corrective Action. ,0 a If the City determines that the Contractor has failed to comply with any terms or conditions of 2 this Contract, or the Contractor has failed to provide in any manner the work or services (each a "breach"), and if the City determines that the breach warrants corrective action, the following E procedure will apply: ° U U Z H A. Written Notification: Q The City will notify the Contractor in writing of the nature of the breach. r c as B. Contractor's Corrective Action Plan: E r a Page 7 of 22 Packet Pg. 55 4.A.E.1.1 The Contractor shall respond with a written corrective action plan within fourteen days of its receipt of such notification unless the City, at its sole discretion, extends in writing E the response time. The plan shall indicate the steps being taken to correct the specified o breach and shall specify the proposed completion date for curing the breach. This date Z shall not be more 30 days from the date of the Contractor's response, unless the City, o at its sole discretion, specifies in writing an extension to complete the corrective actions. c C. City's Determination of Corrective Action Plan Sufficiency: Z r The City will determine the sufficiency of the Contractor's proposed corrective action 3 plan, then notify the Contractor in writing of that determination. The determination of c sufficiency of the Contractor's corrective action plan shall be at the sole but good faith E discretion of the City. a� D. Termination or Suspension: a c 0 If the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor's corrective action plan is determined by the City to be insufficient, the City may terminate or suspend this Contract in whole or in part pursuant to Section 12. a a E. Withholding Payment: Q ti In addition, the City may withhold any payment to the Contractor or prohibit the LO Contractor from incurring additional obligations of funds until the City is satisfied that corrective action has been taken or completed; and E F. Non-Waiver of Rights: L Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section 12, Subsections B, C, and D. .Q as L G. Remedial Actions: In the event of Contractor's noncompliance with section 603(c) of U) the Act, Treasury's regulations implementing that section, guidance issued by Treasury regarding the foregoing, or any other applicable federal laws or regulations, Treasury may take available remedial actions as set forth in 2 C.F.R. 200.339. L H. Recoupment: ° a i. Contractor agrees that it is financially responsible for and will repay the City any 2 and all indicated amounts following an audit exception which occurs due to 2 Contractor's failure, for any reason, to comply with the terms of this Contract. This E duty to repay the City shall not be diminished or extinguished by the termination of c the Contract. U U ii. In the event of a violation of section 603(c) of the Act, the Grant funds shall be a z subject to recoupment by the City, to the extent they have not already been loaned or granted to Beneficiaries. Q iii. Any funds paid to Contractor (1) in excess of the amount to which Contractor is authorized to retain under the terms of the Contract; (2) that are determined by the Treasury Office of Inspector General to have been misused; (3) are determined by E Treasury to be subject to a repayment obligation pursuant to section 603(e) of the Act; or (4) are otherwise subject to recoupment by the City pursuant to the terms Q Page 8 of 22 Packet Pg. 56 4.A.E.1.1 hereof, and have not been repaid by Contractor to the City shall constitute a debt to the City. E iv. Any debts determined to be owed the City must be paid promptly by the Contractor. o A debt is delinquent if it has not been paid by the date specified in the City's initial written demand for payment, unless other satisfactory arrangements have been o made or if the City knowingly or improperly retains funds that are a debt. The City will take any actions available to it to collect such a debt. 0 r z 11. Dispute Resolution. r 3 The parties shall use their best, good-faith efforts to cooperatively resolve disputes and problems that arise in connection with this Contract. Both parties will make a good faith effort to E continue without delay to carry out their respective responsibilities under this Contract while attempting to resolve the dispute under this section. a c 0 12. Termination. 0 A. No Termination for Convenience: Due to the nature of Contractor's use of the funds pursuant to the Scope of Work, this 0. Contract may not be terminated by the City without cause, in whole or in part once the Q goal for loans to Kent, WA businesses has been met. L_ LO B. Termination for Default: r c The City may terminate or suspend this Contract, in whole or in part, upon ten days E advance written notice if: (1)the Contractor breaches any duty, obligation, or service required pursuant to this Contract and either (a) the corrective action process a described in Section 10 fails to cure the breach or (b)the City determines that requiring a corrective action plan is impractical or that the duties, obligations, or services required herein become impossible, illegal, or not feasible. 2 If the termination results from acts or omissions of the Contractor, including but not U) limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Contractor shall return to the City immediately any funds, misappropriated or unexpended, that have been paid to the Contractor by the City. 0 C. Termination for Non-Appropriation: a 2 U If expected or actual funding is withdrawn, reduced, or limited in any way by the Federal government, the City may, upon thirty days advance written notice to the E Contractor, terminate or suspend this Contract in whole or in part. 0 U U If the Contract is terminated or suspended as provided in this Section: the City will be a z liable only for payment in accordance with the terms of this Contract for funds expended prior to the effective date of termination or suspension. 0 If the Contract is suspended as provided in this Section, the City may provide written authorization to resume activities if expected or actual funding is reallocated to the City, which shall be subject to the written agreement of Contractor to resume activities. 0 r a Page 9 of 22 Packet Pg. 57 4.A.E.1.1 D. Non-Waiver of Rights: as Nothing herein shall limit, waive, or extinguish any right or remedy provided by this o Contract or by law or equity that either party may have if any of the obligations, terms, and conditions set forth in this Contract are breached by the other party. o 13. Hold Harmless and Indemnification. c r A. Duties as Independent Contractor: z r In providing services under this Contract, the Contractor is an independent contractor, 3 and neither it nor its officers, agents, or employees are employees of the City for any c purpose. The Contractor shall be responsible for all federal and/or state tax, industrial E insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil a service rights which may accrue to a City employee under state or local law. The parties intend that an independent contractor relationship shall be created by this c Contract. The Contractor shall not make any claim of right, privilege or benefit which would accrue to an employee under chapter 41.06 RCW or Title 51 RCW. c as The City assumes no responsibility for the payment of any compensation, wages, benefits, or taxes, by, or on behalf of the Contractor, its employees, and/or others by reason of this Contract. Q ti The Contractor shall protect, indemnify, defend and save harmless the City, its officers, LO agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Contractor of E work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Contract. a r c If, for any reason, the Contractor's licenses or certificates, if any, that are required to .Q perform this Contract, are terminated, suspended, revoked or in any manner modified ;v from their status at the time this Contract becomes effective such that Contractor cannot materially perform its obligations hereunder, the Contractor shall notify the City immediately of such condition in writing. The Contractor and any Subcontractor(s) shall maintain and be liable for payment of all applicable taxes (except sales/use taxes), fees, licenses, permits and costs as may be required by applicable federal, state or 0 local laws and regulations in order for Contractor to provide the Work under this a Contract. `° U L Neither the City nor its officers, agents, or employees are employees of the Contractor E for any purpose. The Corporation assumes no responsibility for the payment of any c compensation, wages, benefits, or taxes, by, or on behalf of the City, its employees, U and/or others by reason of this Contract. o z The City shall protect, indemnify, defend and save harmless the Contractor, its officers, Q agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the City's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the City of work, services, materials, or supplies by City employees or other suppliers in connection with E or support of the performance of this Contract. r a Page 10 of 22 Packet Pg. 58 4.A.E.1.1 B. Intellectual Property Infringement: as For purposes of this section, claims shall include, but not be limited to, assertions that o use or transfer of software, book, document, report, film, tape, or sound reproduction or Z material of any kind, delivered hereunder, constitutes an infringement of any copyright, o patent, trademark, trade name, and/or otherwise results in unfair trade practice. c 0 The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, abandonment or termination of this Contract. Z r C. Nondisclosure of Data: 3 c Data provided by the City either before or after Contract award shall only be used for E its intended purpose. Contractors and Subcontractors shall not utilize nor distribute the City data in any form without the prior express written approval of the City. a c 0 W D. Non-Disclosure Obligation: o as While the Contractor is performing the Work under this Contract, the Contractor and/or Q City may encounter personal information, licensed technology, drawings, schematics, a manuals, data and other materials described as "Confidential", "Proprietary" or Q "Business Secret". Neither the Contractor nor the City shall not disclose or publish the information and material received or used in performance of this Contract. This M obligation is perpetual. The Contract imposes no obligation upon the Contractor or the City with respect to confidential information which the Contractor or the City can establish: a) was in the possession of, or was rightfully known by the Contractor or the City, respectively, without an obligation to maintain its confidentiality prior to receipt a from the other party or a third party; b) is or becomes generally known to the public without violation of this Contract; c) is obtained by the Contractor in good faith from a .Q third party having the right to disclose it without an obligation of confidentiality; or, d) is independently developed by the Contractor without the participation of individuals who have had access to the City's or the third party's confidential information. If the Contractor is required by law to disclose confidential information the Contractor shall notify the City of such requirement prior to disclosure. 0 Q E. Indemnification: 2 U L E To the maximum extent permitted by law, Contractor shall, at its cost and expense, c protect, defend, indemnify and hold harmless the City, its directors, officers, U employees, and agents, from and against any and all demands, liabilities, causes of o action, costs and expenses (including attorney's fees), claims,judgments, or awards Z of damages (collectively, "Claims"), arising out of or in any way resulting from the acts Q or omissions of Contractor, its directors, officers, employees, or agents, relating in any way to the Contractor's performance or nonperformance under the Contract, except to r the extent that any Claims are the result of the City's performance or nonperformance under the Contract or its negligence or misconduct. These indemnification obligations E shall survive the termination of the Contract. The Contractor agrees that its obligations r a Page 11 of 22 Packet Pg. 59 4.A.E.1.1 under this paragraph extend to any demands, liabilities, causes of action, or claims brought by, or on behalf of, any of its employees or agents. For this purpose, the E Contractor, by mutual negotiation, hereby waives, as respects the City only, any o immunity that would otherwise be available against such claims under any industrial ., insurance act, including Title 51 RCW, other Worker's Compensation act, disability o benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. In addition, the Contractor shall protect and c assume the defense of the City and its officers, agents and employees in all legal or claim proceedings arising out of, in connection with, or incidental to its indemnity z obligation; and shall pay all defense expenses, including reasonable attorney's fees, r expert fees and costs incurred by the City on account of such litigation or claims. If the 3 City incurs any judgment, award, and/or cost arising therefrom including reasonable attorney's fees to enforce the provisions of this article, all such fees, expenses, and E costs shall be recoverable from the Contractor. L Q 14. False Statements. 0 :r Contractor understands that making false statements or claims in connection with this Contract o may be a violation of federal law and may result in criminal, civil, or administrative sanctions, 2 including fines, imprisonment, civil damages and penalties, debarment from participating in federal or City awards or contracts, and/or any other remedy available by law. a a 15. Publications. Q ti Although it is not anticipated that funds provided to Contractor will be used to produce M publications, any publications produced with funds from this Contract must display the r following language: "This project [is being][was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to City of Kent, Washington by the U.S. E Department of the Treasury." ;v a 16. Disclaimer by the City and United States. as .Q as A. The United States has expressly disclaimed any and all responsibility or liability to the City or third persons for the actions of the City or third persons resulting in death, bodily v) injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of the award of Federal funds to the City under section 603(c) of the Act, a or any contract or subcontract under such award. ,0 B. The City expressly disclaims any and all responsibility or liability to the Contractor or a third persons for the actions of the Contractor or third persons resulting in death, bodily i injury, property damages, or any other losses resulting in any way from the performance of this Contract or any other losses resulting in any way from the E Contractor's performance of the Contract, or any subcontract thereto. U C. This Contract does not in any way establish an agency relationship between or among o the United States, the City, and/or Contractor. Z U- 17. Protection for Whistleblowers. 0 r A. In accordance with 41 U.S.C. § 4712, Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of E persons or entities provided below, information that the employee reasonably believes r a Page 12 of 22 Packet Pg. 60 4.A.E.1.1 is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial E and specific danger to public health or safety, or a violation of law, rule, or regulation o related to a federal contract (including the competition for or negotiation of a contract) ., or grant. o c B. The list of persons and entities referenced in the paragraph above includes the following: Z i. A member of Congress or a representative of a committee of Congress; 3 ii. An Inspector General; a� iii. The Government Accountability Office; E as iv. A Treasury employee responsible for contract or grant oversight or management; a v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or o vii. A management official or other employee of Contractor, contractor, or subcontractor who has the responsibility to investigate, discover, or address a misconduct. a a C. Contractor shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. LO a+ 18. Increasing Seat Belt Use in the United States. E Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is encouraged to a adopt and enforce on-the-job seat belt policies and programs for its their employees when a operating company-owned, rented or personally owned vehicles. as .Q 19. Reducing Text Messaging While Driving. 2 Pursuant to Executive Order 13513, 74 FR 51225 (October 6, 2009), Contractor is encouraged U), to adopt and enforce policies that ban text messaging while driving, and to establish workplace safety policies to decrease accidents caused by distracted drivers. L O 20. Insurance Requirements. a The Contractor shall provide insurance coverage as set out in this section. The intent of the 2 required insurance is to protect the City should there be any claims, suits, actions, costs, E damages or expenses arising from any loss, or negligent or intentional act or omission of the E Contractor or Subcontractor, or agents of either, while performing under the terms of this v Grant. Failure to maintain the required insurance coverage may result in termination of this o Grant. z U_ The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. Except for Professional Liability or Errors and Omissions o Insurance, the insurance shall name the City of Kent, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The Contractor shall instruct the insurers to give the City thirty (30) calendar days advance notice of any insurance cancellation, non-renewal or modification. r a Page 13 of 22 Packet Pg. 61 4.A.E.1.1 c The Contractor shall submit to the City within fifteen (15) calendar days of a written request by the City, a certificate of insurance which outlines the coverage and limits defined in this o insurance section. During the term of the Grant, if required or requested, the Contractor shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each o policy required under this section. c The Contractor shall provide, at the City's request, copies of insurance instruments or certifications from the insurance issuing agency. The copies or certifications shall show the Z insurance coverage, the designated beneficiary, who is covered, the amounts, the period of r coverage, and that the City will be provided thirty (30) days advance written notice of 3 cancellation. c a� E The Contractor shall provide insurance coverage that shall be maintained in full force and effect during the term of this Grant, as follows: a Commercial General Liability Insurance Policy. Provide a Commercial General Liability c Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Grant activity but no less than c $1,000,000 per occurrence. Additionally, the Contractor is responsible for ensuring that any Subcontractor provide adequate insurance coverage for the activities arising out of a Subcontracts. a a Professional Liability, Errors and Omissions Insurance. The Contractor shall maintain Professional Liability or Errors and Omissions Insurance. The Contractor shall maintain LO minimum limits of no less than $1,000,000 per occurrence to cover all activities by the Contractor and licensed staff employed or under contract to the Contractor. The City, its agents, officers, and employees need not be named as additional insureds under this E policy. a� Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of the Contractor for the purpose of receiving or depositing funds into program 2 accounts or issuing financial documents, checks, or other instruments of payment for a program costs shall be insured to provide protection against loss: ; U) A. The amount of fidelity coverage secured pursuant to this Grant shall be $100,000 or the - highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity insurance secured pursuant to this paragraph shall name the City as beneficiary. o 0 a The Contractor shall have the "right to control" and bear the sole responsibility for the job site conditions, and job site safety. The Contractor shall comply with all applicable federal, state, and local safety regulations governing the job site, employees, and Subcontractors. The E Contractor shall be responsible for the Subcontractor's compliance with these provisions. 0 U 21. Assignment. Z U- Contractor shall not assign any interest, obligation or benefit under or in this Contract or transfer any interest in the same, whether by assignment or novation, without prior written consent of the City. If assignment is approved, this Contract shall be binding upon and inure to the benefit of the successors of the assigning party upon the written agreement by assignee to E assume and be responsible for the obligations and liabilities of the Contract, known and unknown, and applicable law. Q Page 14 of 22 Packet Pg. 62 4.A.E.1.1 c If at any time during the Contract term the Contractor experiences a change in its name or federal tax status either through acquisition, novation, assignment, re-organization or some o other change that affects its Taxpayer Identification Number (TIN) or Tax Reporting Name, it shall notify City of Kent immediately upon the information becoming publicly available. o 22. Subcontracting. c r A. Written Consent of the City: z r The Contractor shall not subcontract any portion of this Contract or transfer or assign 3 any claim arising pursuant to this Contract without the written consent of the City. The c City's consent must be sought in writing by the Contractor not less than 15 days prior E to the date of any proposed subcontract. The City shall provide its written approval , or rejection (and the reasons therefor) within 10 days after submission by Contractor. a Failure of the City to respond shall be deemed to constitute the City's approval. c 0 Other known Subcontractors such as communications consultant DH, and technical assistance providers, Business Impact Northwest and Ventures are approved per this c Contract. The rejection or approval by the City of any Subcontractor or the termination of a Subcontractor will not relieve Contractor of any of its responsibilities under the Q Contract, nor be the basis for additional charges to the City. ,� L_ LO In no event will the existence of the subcontract operate to release or reduce the liability of Contractor to the City for any breach in the performance of Contractor's duties. E as a� L The City has no contractual obligations to any subcontractor or vendor under contract to the Contractor. Contractor is fully responsible for all contractual obligations, financial or otherwise, to its subcontractors. .Q a� L B. "Subcontract" Defined: U) "Subcontract" shall mean any agreement between the Contractor and an individual, ' association, partnership, firm, company, corporation, or combination thereof, including joint ventures, which agreement provides for such person or entity to perform any portion of the Contractor's Work covered by this Contract; provided that the term a "subcontract" does not include (a) the purchase of(1) support services not related to the subject matter of this Contract, or (2) supplies; or (b) a grant to a beneficiary. U L C. Required Language for Subcontracts: E E 0 U The Contractor shall include the following language verbatim in every subcontract for services which relate to the subject matter of this Contract: Z "Subcontractor shall protect, defend, indemnify, and hold harmless City of Kent, its officers, employees and agents from any and all costs, claims, judgments, and/or o awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that City of Kent is a third-party beneficiary to its Contract with Contractor and shall have the r a Page 15 of 22 Packet Pg. 63 4.A.E.1.1 right to bring an action against subcontractor to enforce the provisions of this paragraph." E a 23. Nondiscrimination. as A. The Contractor shall comply with all applicable federal, state and local laws regarding 0 discrimination, including those set forth in this Section. c r B. Nondiscrimination: z r In the hiring of employees for the performance of work under this Agreement or any 3 subcontract, the Contractor, its Subcontractors, or any person acting on behalf of the c Contractor or Subcontractor shall not, by reason of race, religion, color, sex, age, E sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the a work to which the employment relates. The Contractor shall execute the City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative c Policy 1.2, and upon completion of the Work, file the Compliance Statement, attached as Exhibit E. 2 as C. Equal Employment Opportunity Efforts: a a The Contractor will undertake, and require all Subcontractors to undertake equal Q employment opportunity efforts to ensure that applicants and employees are treated, L- without regard to their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age. Equal employment opportunity efforts shall include, but not be limited to, the following: E employment, upgrading, demotion or transfer; recruitment or recruitment advertising; a layoff or termination; rates of pay or other forms of compensation; and selection for a training, including apprenticeships. The Contractor agrees to post, and to require c Subcontractors to post in conspicuous places available to employees and applicants �. for employment notices setting forth this nondiscrimination clause. U) D. Nondiscrimination in Subcontracting Practices: - During the term of this Contract, the Contractor shall not create barriers to open and fair opportunities to participate in City contracts or to obtain or compete for contracts ,o and subcontracts as sources of supplies, equipment, construction, and services. In a considering offers from and doing business with subcontractors and suppliers, the Contractor shall not discriminate against any person because of their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender E identity or expression or age except by minimum age and retirement provisions, unless c based upon a bona fide occupational qualification. U U 0 Z 24. Conflict of Interest. U- a Contractor understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Contractor and subrecipients must disclose in writing any potential E conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. r a Page 16 of 22 Packet Pg. 64 4.A.E.1.1 c 25. Political Activity Prohibited. a None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of o any candidate for public office. c 26. Future Support. z The City makes no commitment to support contracted services and assumes no obligation for r future support of the contracted activity(-ies), except as expressly set forth in this Contract. 3 c 27. Entire Contract. E as as The parties agree that this Contract is the complete expression of the described subject a matter, and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of this c Contract. 0 28. Contract Amendments. Either party may request changes to this Contract. Proposed changes that are mutually agreed upon shall be incorporated only by written amendments to this Contract. Q ti 29. Notices. LO M Whenever this Contract provides for notice by one party to another, such notice shall be in c writing and directed to each party's contact representative indicated within the contract E exhibits. Any time within which a party must take some action shall be computed from the date a that any associated required notice is received by that party. a r c Unless otherwise specified in the Contract, all notices or documentation required or provided .Q pursuant to this Contract shall be in writing and shall be deemed duly given when received at the addresses first set forth below via certified or registered first class mail, return receipt requested, personal delivery or electronic mail. However, if any of the following occur: "notice to cure" a default, Contractor communication in connection with an alleged default, or notice of termination, such notice or communication shall only be delivered personally, or by certified or 0 registered first class mail, return receipt requested. ,0 a 2 U L CITY OF KENT CONTRACTOR Attn: Bill Ellis Attn: Diana Sasser E 0 Economic & Community National Council for Community v U Development Development, Inc. a z U- 220 4t" Avenue South 633 3rd Avenue, 191" Floor o Kent, WA 98032 New York, NY 10017 as 253-856-5709 206-434-4330 E Wellis@kentwa.gov Email: DSasser@ndconline.org r a Page 17 of 22 Packet Pg. 65 4.A.E.1.1 c a� 30. Services Provided in Accordance with Laws, Rules, and Regulations. o as The Contractor and any Subcontractor agree to abide by the laws of the state of Washington, o rules and regulations promulgated thereunder, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Contract, all c of which are incorporated herein by reference. z If there is an irreconcilable conflict between any of the language contained in any exhibit or r attachment to this Contract, the language in the Contract shall control over the language 3 contained in the exhibit or the attachment, unless the exhibit provision expressly indicates that c it controls over inconsistent contract language. If there is conflict among requirements set forth E in exhibits, language contained in the lower numbered exhibit shall control unless the higher numbered exhibit provision expressly indicates that it controls over inconsistent lower a numbered exhibit language. c 0 31. Applicable Law. 0 A. This Contract shall be construed and interpreted in accordance with the laws of the State of Washington. The venue for any action hereunder shall be in the Superior a Court for King County, Washington. a B. Contractor agrees to comply with the requirements of section 603 of the Act, the Treasury's regulations implementing that section, and guidance issued by Treasury LO regarding the foregoing. Contractor also agrees to comply with all other applicable federal laws, regulations, and executive orders, and Contractor shall provide for such compliance by other parties in any agreements it enters into with other parties relating E to this Contract. a L C. Federal regulations applicable to this award include, without limitation, the following: as D. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for a Federal Awards, 2 C.F.R. Part 200, including the following: U) i. Subpart A, Acronyms and Definitions; ii. Subpart B, General Provisions; iii. Subpart C, Pre-Federal Award Requirements and Contents of Federal Awards; o iv. Subpart D, Post-Federal Award Requirements; a 2 V. Subpart E, Cost Principles; and 2 a) vi. Subpart F, Audit Requirements. E E 0 U U E. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, o pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. U_ F. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, o pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. E 0 r a Page 18 of 22 Packet Pg. 66 4.A.E.1.1 G. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non- procurement), 2 C.F.R. Part 180, including the requirement to include a term or E condition in all lower tier covered transactions (contracts and subcontracts o described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. ., Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. o H. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. 2 r I. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. z J. New Restrictions on Lobbying, 31 C.F.R. Part 21. 3 K. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. as L. Generally applicable federal environmental laws and regulations. a� M. Statutes and regulations prohibiting discrimination applicable to this award include, a without limitation, the following: o W i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's Implementing regulations at 31 C.F.R. Part 22, which prohibit 2 discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; a a ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ Q 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; M r iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or E activity receiving federal financial assistance; a iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), c and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit Q discrimination on the basis of age in programs or activities receiving federal financial assistance; and V. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ = 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local o governments or instrumentalities or agencies thereto; a vi. Hatch Act. Contractor agrees to comply, as applicable, with requirements of 2 the Hatch Act (5 U.S.C.§§ 1501-1508 and 7324-7328), which limits certain E political activities of federal employees, as well as certain other employees who c work in connection with federally funded programs. U U N. PROHIBITION ON PROVIDING FUNDS TO THE ENEMY (2 CFR 183) Z i. The Contractor must exercise due diligence to ensure that none of the funds, including supplies and services, received under this Contract are provided directly or indirectly (including through subcontracts) to a person or entity who is o actively opposing the United States or coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in E hostilities. The Contractor must terminate or void in whole or part any subcontract with a person or entity listed in the System Award Management Exclusions(SAM) r a Page 19 of 22 Packet Pg. 67 4.A.E.1.1 as a prohibited or restricted sources pursuant to subtitle E of Title VIII of the NDAA for FY 2015, unless the Federal awarding agency provides written E approval to continue the subcontract. o ii. The Federal awarding agency has the authority to terminate or void this Contract, in whole or in part, if the Federal awarding agency becomes aware that the o Contractor failed to exercise due diligence as required by paragraph J. of this clause N. or if the Federal awarding agency becomes aware that any funds c received under this Contract have been provided directly or indirectly to a person z or entity who is actively opposing coalition forces involved in a contingency r operation in which members of the Armed Forces are actively engaged in 3 hostilities. N c iii. In addition to any other existing examination-of-records authority, the Federal E Government is authorized to examine any records of the Contractor and its Subcontracts to the extent necessary to ensure that funds, including supplies and a services, available under this Contract are not provided, directly or indirectly, to a person or entity that is actively engaged in hostilities, except for awards o awarded by the Department of Defense on or before Dec 19, 2017 that will be performed in the United States Central Command (USCENTCOM) theater of c operations. iv. The Contract must include the substance of this clause in Subcontracts that have a an estimated value over$50,000 and will be performed outside the United States, including its outlying areas. Q ti O. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO LO SURVEILLANCE SERVICES OR EQUIPMENT (CFR 200.216) r i. Costs incurred for telecommunications and video surveillance services or equipment such as phones, internet, video surveillance, cloud servers are E allowable except for the following circumstances: W ii. Contractor and Subcontractor are prohibited from obligating or expending contract funds to: as .Q a. Procure or obtain; b. Extend or renew a contract to procure or obtain; or U) c. Enter into a contract(or extend or renew a contract)to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as o part of any system. As described in Public Law 115-232, section 889, covered a telecommunications equipment is telecommunications equipment produced by 6 Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate 2 of such entities). E 1. For the purpose of public safety, security of government facilities, physical o security surveillance of critical infrastructure, and other national security v purposes, video surveillance and telecommunications equipment produced Z by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or Q affiliate of such entities). 0 2. Telecommunications or video surveillance services provided by such entities or using such equipment. 3. Telecommunications or video surveillance equipment or services produced r a Page 20 of 22 Packet Pg. 68 4.A.E.1.1 or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau E of Investigation, reasonably believes to be an entity owned or controlled by, o or otherwise connected to, the government of a covered foreign country. P. DOMESTIC PREFERENCES FOR PROCUREMENTS (CFR 200.322) o i. As appropriate and to the extent consistent with law, the Contractor should, to c the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in z the United States (including but not limited to iron, aluminum, steel, cement, r and other manufactured products). The requirements of this section must be 3 included in all subcontracting agreements and purchase orders for work or products under this contract. E as ii. For purposes of this section: a. "Produced in the United States" means, for iron and steel products, that all a manufacturing processes, from the initial melting state through the application o of coatings, occurred in the United States. 0 b. "Manufactured products" means items and construction material composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer- based products such as polyvinyl chloride pipe; aggregates such as concrete; a glass, including optical fiber; and lumber. a ti 32. No Third-Party Beneficiaries. M r Except for the parties to whom this Contract is assigned in compliance with the terms of this Contract, there are no third party beneficiaries to this Contract, and this Contract shall not E impart any rights enforceable by any person or entity that is not a party hereto. aD a 33. Non-Waiver of Breach. c as .Q Waiver of any default shall not be deemed to be a waiver of any subsequent default. No action or failure to act by the City shall constitute a waiver of any right or duty afforded to the City under the Contract; nor shall any such action or failure to act by the City modify the terms of the Contract or constitute an approval of, or acquiescence in, any breach hereunder, except as = may be specifically stated by the City in writing. L 0 34. Contractor Certification. a 2 By signing this Contract, the Contractor certifies that, in addition to agreeing to the terms and 2 conditions provided herein, it has read and understands all contracting requirements as E contained in this Contract and the Exhibits and Attachments hereto. E 0 U 35. Force Maleure. v 0 z The term "force majeure" shall include, without limitation by the following enumeration: acts of U_ nature, acts of civil or military authorities, terrorism, fire, accidents, shutdowns for purpose of emergency repairs, industrial, civil or public disturbances, causing the inability to perform the r requirements of this Contract; provided, however, "force majeure" shall not include the COVID- 19 pandemic which is ongoing as of the date of the execution of this Contract. If any party is E rendered unable, wholly or in part, by a force majeure event to perform or comply with any v r a Page 21 of 22 Packet Pg. 69 4.A.E.1.1 obligation or condition of this Contract, upon giving notice and reasonably full particulars to the other party, such obligation or condition shall be suspended only for the time and to the extent E commercially practicable to restore normal operations. In the event the Contractor ceases to 0 be excused pursuant to this provision, then the City shall be entitled to exercise any remedies > otherwise provided for in this Contract, including termination for default. o c 0 36. Severability. r 0 z Whenever possible, each provision of this Contract shall be interpreted to be effective and 3 valid under applicable law. If any provision is found to be invalid, illegal or unenforceable, then such provision or portion thereof shall be modified to the extent necessary to render it legal, valid and enforceable and have the intent and economic effect as close as possible to the E invalid, illegal and unenforceable provision. a 37. Subaward Language. c W Pursuant to 2 C.R.F. Part 200.320, an agency must make a determination whether the scope 0 of work falls under a Subrecipient or Contractor relationship. The parties agree that the scope of work for this Contract falls under a subrecipient relationship. a a 38. Counterparts and Signatures by Fax or Email. Q ti This Agreement may be executed in any number of counterparts, each of which shall LO constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing E the original signature was received in person. a a r c as IN WITNESS WHEREOF, the parties hereby agree to the terms and conditions of this Contract: a CITY OF KENT CONTRACTOR U) E L 0 Q Mayor, City of Kent Signature 2 a) E E Date Name (Please type or print) U U z Date U- a 0 E a Page 22 of 22 Packet Pg. 70 4.A.E.1.1 c Pass-Through Grants Contract (ARPA Funds) E 0. 0 Exhibit A > Scope of Work/ Specific Requirements o �a c 0 r Consultant shall perform the following services for the City in accordance with the z described plans and/or specifications: 3 NDC will assist the City of Kent in administering a Commercial Affordability grant program to disburse $1.6 million in American Recovery Act funds from the City to cover pre- E development costs, support ownership opportunities for businesses in mixed-income or affordable housing projects in the city's commuter rail transit areas; and catalyze redevelopment a of long vacant or abandoned sites within high density, high need locations. Potential recipients c are Kent small businesses or nonprofits, especially those operating in the key service delivery areas of early education, childcare, or food security. As the $1,600,000 in o earmarked funding is likely far less than the need, the City will ask NDC to utilize its best judgement of equitable dispersion of funding similar to precedents set by other jurisdictions in Washington state and philanthropy, with especial considerations given a. to achieving an outcome of helping historically underserved communities also recover Q economically. ti ti LO Historically underserved communities, as defined by King County in their grant r program, including business owners from Black, indigenous peoples, people of color and communities all of whom may have faced barriers that prevented their access to other relief resources to date. NDC will play a supporting role in best a, practices of outreach and announcement, a supporting role in development of Q application materials (to be modeled after King County's) and will take on the lead role in the development of the online English application, application intake, 2 grant awards evaluation and selection, distributing electronic notification forms, and disbursing of funds, as necessary including final reporting back to the City. All data will be held by NDC in compliance with public records laws. Z 0 L 0 Q Specific Requirements L d This project will be led by the Economic and Community Development E Department under the supervision of the City of Kent's Economic Development 0 Division which will serve as sole point of contact with NDC. 0 1. Scope of Work• Z LL General Responsibilities of NDC: c • Work planning E z 0 Q Packet Pg. 71 4.A.E.1.1 c o In consultation with the City, NDC to develop work plan with detailed E timeline and tasks required at each stage of the grant program. o a� • Outreach and Official Announcement o o Support the City of Kent to provide at least two 1-hour c informational meetings via Zoom to key stakeholders and outreach r partners, including: z Er ■ Kent Chamber of Commerce 3 ■ Kent Human Services and Cultural Community Boards a� ■ Kent Communities of Opportunity Members E ■ Local Small Business Development Center at Green River College a o The City of Kent will coordinate and host virtual meetings to prep c city staff on how to prepare and train community mentors on how to 0 complete the application process and possible troubleshooting as o: a • Application Intake a o: o NDC will provide co-program management, administration, an d Q technical support. LO ti o NDC will develop application material content and provide the application questions with instructions. NDC will provide an online application form in English and Spanish with format approved by E City of Kent. Application will be hosted in Survey Apply under NDC's license. a r o Application will remain open for at least one month after .Q announcements (target launch July 2023). o NDC will make best efforts to support City of Kent to communicate with members of the community and troubleshoot all technical issues around the online application form. o All applications received by NDC for evaluation will be in English 0 and in digital format through the online application portal. a o City of Kent and/or outreach partners will provide direct technical assistance to members of the community who may need assistance completing the application, including those needing interpretation E support. v t� 0 • z Decide Grant Awards NDC will develop an evaluation and selection process method, using the evaluation/selection criteria approved by City of Kent. A priority objective c will be getting resources to historically underserved business owners. The definition of historically underserved business owners will follow the E a Packet Pg. 72 4.A.E.1.1 c guidance of King County, which includes business owners from Black, E indigenous peoples, and communities of people of color. o o NDC will utilize its digital assets to sort and score applications based on the eligibility and evaluation criteria (Attachment 1) to be 0 approved by City of Kent. NDC will also utilize an internal team of o reviewers to select final awardees based upon the criteria. z o NDC is authorized by this contract to make these decisions on behalf of r the City on who receives awards after receiving written consent from the 3 City's project management regarding their developed evaluation and selection method. E a� L • Notification Forms a o NDC will send email notifications of approval or decline to all grant c applicants. o as • Disburse Funds o NDC will disburse grant funds and keep records of all fund dispersals, and a. will provide such records upon request to the City of Kent. Q o Grants will be distributed by ACH or check payment. When applicable, funds can be paid directly to third parties to cover pre-development costs. M r c a� • Program Access o The application will be provided in English and Spanish. For other languages, a NDC will make best efforts to utilize Kent-based community organizations to as assist applicants in the event of a language barrier. L M Z L Attachment 10 a Draft Program Outline (To be finalized and approved by City of Kent) 2 L d 1. Draft Eligibility Criteria E E 0 U NDC will ensure compliance of all awardees based on the following eligibility criteria. To be o eligible for an award, a business or non-profit must: z U_ • Be active and licensed in the state of Washington, with a physical business address in c the Kent city limits c as E z 0 a Packet Pg. 73 4.A.E.1.1 c • Business must be currently open and operating at time of application, unless a pause E Q. in operations is due to lack of commercial space o a� • Must be current on all city business licensing and other regulatory requirements, and o not been delinquent in payment on any taxes or fees owned to the City of Kent as of c time of application o r • Projects must comply with ARPA regulations related to COVID-19 impact z Z r 3 c 2. Award Size: E as The estimated size of awards will range from $100,000-$500,000, though we anticipate the average award size to fall between$200,000-$250,000. We anticipate making 3-5 a c awards. 2 �a 0 3. Use of Funds: Funds will pass through from NDC to grantees, and can be used for the following a. purposes related to commercial affordability: • Pre-development costs such as architecture & engineering, environmental Q ti reviews, etc. related to commercial space. LO M • Costs related to tenant improvements with the expectation of funding non- c construction costs such as soft costs, equipment, and working capital related to E leased commercial space. i a� a r 4. Project Prioritization Criteria: We anticipate that the program will be competitive, with requests for a greater amount of a funding than is available. NDC will create criteria and a process for project prioritization and selection. We will build on lessons learned from similar programs in King County and City of Seattle. We will work with City of Kent to ensure the process meets the Z City's goals for the program. Draft criteria include: c • Impact: How do project outcomes align with program goals? a • Viability: Does business/non-profit show long-term viability? What is the 2 L capacity of the applicant to complete the project? E • Project Readiness: What is the status of the project, and how likely is it to be c completed within the project timeline? v • Equity: Does project address historically underserved groups including those that z have lacked access to capital and commercial real estate opportunities, including ~ Black, Indigenous, and People of Color(BIPOC) communities? c r c as E z a Packet Pg. 74 KENT WISH IN c r o n CONSULTANT SERVICES AGREEMENT 0 between the City of Kent and Z National Council for Community Development, Inc. (NDC) N r THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter E the "City"), and National Council for Community Development, Inc. (NDC) organized under the laws of the State of New York, located and doing business at 1111 Superior Avenue East Cleveland, OH 44114 (212) a 682-1106 (hereinafter the "Consultant"). c 0 I. DESCRIPTION OF WORK. U 0 The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: a a Work with the City of Kent Economic Development Division to develop and administer a grant a program designed to address commercial affordability issues facing Kent's small business Ln community, as provided in Exhibit C - Scope of Work. This program will including provision of techinical assistance including language support for those awarded grants. c� L The Consultant further represents that the services furnished under this Agreement will be performed 0 in accordance with generally accepted professional practices within the Puget Sound region in effect at the a time those services are performed. U L II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in E Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the c work described in Section I by December 31, 2026. v U III. COMPENSATION. Z c a� A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One E Hundred Thousand Dollars ($100,000.00), for the services described in this Agreement. This L is the maximum amount to be paid under this Agreement for the work described in Section I Q above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees •2 that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this to Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. coo B. The Consultant shall submit quarterly payment invoices to the City for work performed, and o a final bill upon completion of all services described in this Agreement. The City shall provide u payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every o effort to settle the disputed portion. a� C. Card Payment Program. The Consultant may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an a alternative to payment by check and is available for the convenience of the Consultant. If the a Consultant voluntarily participates in this Program, the Consultant will be solely responsible CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) Packet Pg. 75 for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in c accordance with Ch. 51.08 RCW, the parties make the following representations: M z z A. The Consultant has the ability to control and direct the performance and details of its 3 work, the City being interested only in the results obtained under this Agreement. r c B. The Consultant maintains and pays for its own place of business from which the E Consultant's services under this Agreement will be performed. a L C. The Consultant has an established and independent business that is eligible for a a business deduction for federal income tax purposes that existed before the City o retained the Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that o involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax a documents with appropriate federal and state agencies, including the Internal Revenue a Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Ln Department of Revenue and other state agencies as may be required by the Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. L F. The Consultant maintains a set of books dedicated to the expenses and earnings of its to: business. U V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of E this Agreement. After termination, the City may take possession of all records and data within the 0 Consultant's possession pertaining to this project, which may be used by the City without restriction. If the v City's use of the Consultant's records or data is not related to this project, it shall be without liability or legal Z exposure to the Consultant. , c a� VI. FORCE MA)EURE. Neither party shall be liable to the other for breach due to delay or failure E in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ('force majeure event"). Performance that is prevented or Q delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their •2 performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing cn state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to r the current pandemic. N c 0 If any future performance is prevented or delayed by a force majeure event, the party whose c) performance is prevented or delayed shall promptly notify the other party of the existence and nature of a the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in o performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. E Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City 20 shall not be liable for, the payment of any part of the contract price during a force majeure event, or any a costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) Packet Pg. 76 Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Consultant to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the c project site during the force majeure event. The cost to restart, change, or secure the work or project site m, arising from a direction by the City under this clause will be dealt with as a change order, except to the Z extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its 3 obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Consultant. E VII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the a Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who 0 is qualified and available to perform the work to which the employment relates. The Consultant shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative o Policy 1.2. VIII. INDEMNIFICATION. The Consultant shall defend, indemnify and hold the City, its officers, a officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or a suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's Ln negligence. The City's inspection or acceptance of any of the Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. L Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, a then, in the event of liability for damages arising out of bodily injury to persons or damages to property _ caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and the Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's E negligence. v IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION o PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL z INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. E m m L In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was Q made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then •2 the Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and as reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. r The provisions of this section shall survive the expiration or termination of this Agreement. o U IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, u- insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. 0 X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. ca XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, a designs, reports, or any other records developed or created under this Agreement shall belong to and CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) Packet Pg. 77 become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. The Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The c City's use or reuse of any of the documents, data, and files created by the Consultant for this project by I anyone other than the Consultant on any other project shall be without liability or legal exposure to the Z Consultant. 3 XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this E Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. a XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary o precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall o be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. a a XIV. MISCELLANEOUS PROVISIONS. a A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price Ln preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this o Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those a covenants, agreements or options, and the same shall be and remain in full force and effect. 2 U C. Resolution of Disputes and Governing_Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any E dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means v of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules v and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in Z writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or E award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of this Agreement. Q m D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written cn notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this r Agreement or such other address as may be hereafter specified in writing. N c 0 E. Assignment. Any assignment of this Agreement by either party without the written consent v of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, u- the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. o c F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. f° a CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) Packet Pg. 78 4.A.E.1.2 G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any c language contained in this Agreement, the terms of this Agreement shall prevail. z H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Consultant's N business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of a the performance of those operations. E a� a� I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to a the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may o be subject to public review and disclosure, even if those records are not produced to or possessed by the a City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties o and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, a Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the a Kent City Code. Ln M R E L 0 Q 2 L E E 0 U U z C N E N d L a 0 U H U- Q c a� E t U ca Q CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) Packet Pg. 79 4.A.E.1.2 K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement c bearing the original signature was received in person. z IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior N to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. E a� a� L CONSULTANT: CITY OF KENT: Q c 0 c� By: By: o Print Name: Print Name: Dana Ralph Q a Its Its Mayor Q DATE: DATE: M NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: c� CONSULTANT: CITY OF KENT: o 0 Diana Sasser Bill Ellis Q National Council for Community Development, Inc. City of Kent 2 633 3rd Avenue, 191h Floor 220 Fourth Avenue South E New York, NY 10017 Kent, WA 98032 E 0 206-434-4330 (telephone) (253) 856-5707 (telephone) v DSasser@ndconline.org (email) Wellis@kentwa.gov (email) Z c a� APPROVED AS TO FORM: m L a Kent Law Department a� ATTEST: 0 r c 0 Kent City Clerk L) [In this field,you may enter the electronic filepath where the contract has been saved] Q a-� C N E L V fC a+ a+ Q CONSULTANT SERVICES AGREEMENT - 6 (Over$20,000) Packet Pg. 80 DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY 0 z The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who 3 perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. E a� a� L The City of Kent and its contractors are subject to and will comply with the following: a c • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); o .a • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs W Of The Department Of Transportation-Effectuation Of Title VI Of The Civil a Rights Act Of 1964); a • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement Ln of Title VI of the Civil Rights Act of 1964). • Ch. 49.60 RCW (Washington Law Against Discrimination) L 0 The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and a Regulations". U L The following statements specifically identify the requirements the City deems necessary for any E contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of o all of the following is required for this Agreement to be valid and binding. If any contractor, U subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined Z below, it will be considered a breach of contract and it will be at the City's sole determination c regarding suspension or termination for all or part of the Agreement. a� a� The statements are as follows: a 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 2 3. During the time of this Agreement I, the prime contractor, will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. a 0 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: a EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 81 A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they z may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 3 c B. Non-discrimination: The contractor, with regard to the work performed by it E during the contract, will not discriminate on the grounds of race, color, or national i origin in the selection and retention of subcontractors, including procurements of a materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program o �a set forth in Appendix B of 49 CFR Part 21. — as C. Solicitations for Subcontracts, Including Procurements of Materials and a Equipment: In all solicitations, either by competitive bidding, or negotiation made a by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or Ln supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. E L D. Information and Reports: The contractor will provide all information and reports to: required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain E compliance with such Acts and Regulations and instructions. Where any information Uo required of a contractor is in the exclusive possession of another who fails or o refuses to furnish the information, the contractor will so certify to the City or the z Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E a� a� L E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: N a. withholding payments to the contractor under the contract until the N contractor complies; and/or o b. cancelling, terminating, or suspending a contract, in whole or in part. U_ F. Incorporation of Provisions: The contractor will include the provisions of o paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to E any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including a sanctions for noncompliance. Provided, that if the contractor becomes involved in, EEO COMPLIANCE DOCUMENTS - 2 Packet Pg. 82 or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 0 r 6. During the performance of this contract, the contractor, for itself, its assignees, and z successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: r c a� E Pertinent Non-Discrimination Authorities: L Q i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 2 21. o ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, a (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose Q property has been acquired because of Federal or Federal-aid programs and projects); a iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination LO on the basis of sex); `'? iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; CU V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), o (prohibits discrimination on the basis of age); a vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or E sex); E vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coy coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age o Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by z c expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, L whether such programs or activities are Federally funded or not); Q viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private L transportation systems, places of public accommodation, and certain testing entities n (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation r regulations at 49 C.F.R. parts 37 and 38; n c ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) 0 (prohibits discrimination on the basis of race, color, national origin, and sex); LL X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against r minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; a EEO COMPLIANCE DOCUMENTS - 3 Packet Pg. 83 4.A.E.1.2 xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons o have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); z xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) E a� L 7. The submission of the final invoice for this contract will constitute a reaffirmation that the a preceding statements were complied with during the course of the contract's performance. c 0 By signing below, I agree to fulfill the five requirements referenced above. o CU a� o: By: a For: a ti ti LO Title: Date: CU L 0 Q L E E 0 U U 0 Z C 0 E 0 d L Q V L v! 0 U H LL Q r c d E t Q ca a EEO COMPLIANCE DOCUMENTS - 4 Packet Pg. 84 4.A.E.1.2 CITY OF KENT ADMINISTRATIVE POLICY c 0 NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 z 3 r c m E SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 i a� a APPROVED BY Dana Ralph, Mayor 0 POLICY: o M Equal employment opportunity and non-discrimination in contracting requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and a suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must a take the following affirmative steps: Ln 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. L 2. Actively consider for promotion and advancement available minorities and women. 0 a Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination E Policy Declaration, prior to commencing performance. E 0 U Any contractor, subcontractor, consultant or supplier who willfully disregards the City's U nondiscrimination and equal opportunity requirements shall be considered in breach of contract Z and subject to suspension or termination for all or part of the Agreement. c a� E Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public L Works Departments to coordinate with the City's Title VI coordinator, and perform the following Q duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these cn regulations are familiar with the regulations and the City's equal employment opportunity policy. c 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. c0 U- a 0 c a� E a EEO COMPLIANCE DOCUMENTS - 5 Packet Pg. 85 Exhibit C - Scope of Work— Technical Assistance Contract(General Funds) c 0 The primary purpose of this Scope of Services is to assist the City of Kent("Client")in long term economic z recovery and growth coming out of the COVID-19 pandemic. This includes—but is not limited to— 3 supporting small businesses (or non-profits especially operating in the key service delivery areas of early r education, childcare, or food security) with the access to capital and affordable commercial real estate to allow them to stabilize,grow,generate wealth,and contribute to the economic and cultural vitality of their L communities. The main deliverable of the project is establishment of a program to disburse $1 million in a American Recovery Act funds from the City to cover pre-development costs, support ownership c 0 opportunities for businesses in mixed-income or affordable housing projects in the city's commuter rail CU transit areas; and catalyze redevelopment of long vacant or abandoned sites within high density,high need o locations. a a In particular, technical assistance and grant or loan assistance will focus prioritization of funding on a businesses and communities that historically lacked access, including Black, Indigenous, and People of Color (BIPOC) communities and women, which are shown to have experienced disproportionately from M negative impacts of the Covid-19 pandemic. The City of Kent experienced significant impacts from the COVID-19 pandemic—in fact, 86% of acres L of parcels (and 84% of parcels) zoned primarily for commercial and industrial uses fall within Qualified Census Tracts (QCTs)that have a presumed disproportionate impact under federal American Rescue Plan Q act(ARPA)regulations. as E The Scope of Services describes the assistance available under this Technical Assistance Agreement. The 0 Client and NDC,by mutual agreement, may revise this Scope of Services from time to time. o z A. NDC shall provide technical assistance to the Client as requested in person, via email, phone, facsimile or other means. L Q B. NDC shall provide technical assistance to the Client in the design,implementation,and monitoring of the financing elements of the Client's economic and small business development plans for 0 specific projects and redevelopment areas as identified by the Client. Specifically,this will include CO design and implementation of the Commercial Affordability Project funded with AR-PA funds to `W provide pre-development funding and technical assistance for development projects that will provide affordable commercial space to small businesses. NDC will offer consultation during the v planning phase to assist City of Kent in developing the grant criteria and application questions. U_ Consultation will include best practices or lessons learned from other programs. c m C. In the implementation of the Commercial Affordability Project, NDC will review and evaluate E projects being considered by the Client for community and economic development assistance. The o a Packet Pg. 86 project will establish objective evaluation scoring criteria and prioritize awards provided by NDC c in their capacity as a CDFI to deserving projects on the basis of technical analysis of the following, non-exhaustive or limiting factors: z a. Evaluation of business or developer experience and capacity. 3 b. Financial review of the sources and uses, operating proformas, and financial statements for c proposed projectsibusinesses. c. Deal structure with available public sector economic, housing and small business i development programs. a d. Review of appraisals, cost assumptions, capital budgets, operating statements, marketing o data and other funding commitments. U 0 e. Development issues during pre-development and development phases. f. Program regulations issues. g. Documentation of fit to the overarching purposes of the federal American Recovery Act, a- such as: a i. Supports recovery to negative economic impacts of Covid-19 such as reduced LO childcare and educational disparities by adding available capacity for early learning or childcare offerings through award to offering businesses or non-profits ii. Economic recovery and growth of businesses from communities documented to have borne disproportionate negative economic consequences due to Covid-19 0 iii. Projects that put back into productive use vacant, contaminated or abandoned Q properties shown to contribute negatively to the public health conditions of a L neighborhood E iv. Preserve or further affordable housing/mixed-income projects in transit rich areas v of the city, or contribute to the `ground floor vitality' commercial uses of newly o proposed affordable/mixed income projects consistent with the City of Kent's ? Housing Options Plans h. NDC shall develop scoring criteria for use in determining promising projects and award L amounts; especially concerning awards made for predevelopment or condo subsidy costs; Q along with best practice awardee requirements for due diligence and financial documentation, subject to final approval by the City. co c D. NDC will provide technical support and financial analysis to the Client with respect to its existing or proposed economic development programs. Such assistance and analysis may include, but is o not limited to: a. Reviewing program compatibility with other potential private and public financing U_ programs, such as tax increment financing b. Recommending revisions to the program to increase its ability to leverage additional a private, federal, state and philanthropic resources. E a Packet Pg. 87 c. Identifying issues associated with the application, review, underwriting and compliance c monitoring on programs that could improve their effectiveness in meeting the Client's development goals and objectives. z 3 E. NDC will provide technical assistance and advocacy in the Client's efforts to seek funding or to leverage existing resources through federal, state and local governmental programs including,but not limited to: i a. Community Development Block Grant (CDBG)program a b. HUD Section 108 loans o c. U.S. Department of Commerce Economic Development Administration(EDA) U 0 d. U.S. Environmental Protection Agency (EPA) Brownfields Program, including Targeted Assessments, Supplemental Pilot Program, and Brownfields Revolving Loan Fund e. U.S. Small Business Administration 7(a), 504, and Microenterprise programs f. New Markets Tax Credits Program a LO F. NDC shall provide additional assistance to the Client when requested to: a. Attend meetings with developers,private lenders, Federal and State officials and others. b. Work with State and Federal officials to insure their continued support and assistance to the City's programs and projects. 0 c. Assist in modification of grant agreements and loan documentation as well as work to Q ensure approval of such modifications by authorizing agencies. L d. Assist in the negotiations of terms and repayments on financing programs. E e. Inform staff of changes in Federal and State programs in a timely fashion. 0 c.� 0 G. Technical Assistance is defined to also include training in the development of financing tools, financing analysis skills, loan programs and packaging requirements in economic development E with the goal of building the capacity of the Client's staff to analyze projects and utilize public and L private financing tools. Q d H. Assistance to the Client in marketing, developing and maintaining the commitment of lending institutions, developers, federal state and local government officials and community groups to the c Client's redevelopment plans and/or specific projects. Assistance shall include but not be limited to the following, upon request: c 0 a. Attend briefings with lending institutions and potential applicants to explain the Client's v economic development, small business and housing financing programs. U- b. Make formal presentations to professional organizations of lending institutions, lawyers, accountants, architects, developers, etc. c. Attend other meetings and conduct other presentations(including preparation of necessary E presentation materials) as requested by the Client. a Packet Pg. 88 4.A.E.1.2 c I. Where applicable and upon request by the Client, NDC shall make available to the Client, and/or developers selected by the Client, programs and associated financial products administered by Z NDC. NDC may assess additional fees for such programs if it is NDC's policy to charge such fees. 3 Such programs may include, but are not limited to: a. SBA 7(a) loan Guarantee Program(Grow American Loan Fund) b. Rehabilitation(Historic) Tax Credit syndication services (Corporate Equity Fund) i c. New Markets Tax Credits (Housing and Economic Development Corp.) a c 0 J. NDC will facilitate access to its nationally recognized development finance training for City staff. 0 �a a� a IL a LO M R L 0 Q L d E E 0 U V Z C N E d d L Q d V CO ♦0� V U- V Q Packet Pg. 89 4.A.F.1 PUBLIC WORKS DEPARTMENT Chad Bieren, P.E. 220 Fourth Avenue South KENT Kent, WA 98032 WASHI NGTON 253-856-5600 DATE: June 6, 2023 TO: Kent City Council - Committee of the Whole SUBJECT: Agreement with Totem Logistics for On-Call Garbage Cleanup Services - Authorize MOTION: I move to authorize the Mayor to sign a Goods and Services Agreement with Totem Logistics, in the amount of $175,000 subject to final terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: Unauthorized dumping on city-owned properties and in rights-of-way, continues to be an increasing problem for City staff and the community. When dumping occurs on a job site or City property, the City's solid waste removal crews are not always able to assist due to the quantity of the materials or the lack of manpower available. An on-call contractor can provide a rapid response to requests to clean up waste from dumping and encampment sites when City staff is unavailable. In March, the City advertised a Request for Proposals for an on-call cleanup contractor. Staff recommends Totem Logistics to perform these duties. BUDGET IMPACT: This contract will be funded with Drainage Utility funds, capital projects requiring unauthorized dumping cleanup, the Department of Ecology's Local Solid Waste Financial Assistance Agreement grant, and possibly Spills Coastal Protection Fund. No budget adjustment is required. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Totem Logistics, Inc. (DBA Seattle Junk King) Agreement (PDF) Packet Pg. 90 4.A.F.1.1 KEN T W A s H i H T o H GOODS & SERVICES AGREEMENT With Prevailing Wage Provisions between the City of Kent and L Totem Logistics, Inc. (DBA Seattle Junk King) c; U THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Totem Logistics, Inc. (DBA Seattle Junk King) organized under the laws of the 0 L State of Washington, located and doing business at 308 Clay Street NW, Auburn, WA 98001, Phone: (510) ,o 332-1231, Contact: David Scott Page (hereinafter the "Vendor"). AGREEMENT 0 J I. DESCRIPTION OF WORK. E a) 0 The Vendor shall provide the following goods and materials and/or perform the following services for z the City: 3 r c m The Vendor shall provide on-call clean up and disposal of general garbage and other wastes related to illegal dumping and/or homeless encampments at various City-owned properties throughout Kent. For a description and Vendor's proposal, see Exhibit A which is attached a and incorporated by this reference. N LO M The Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, a materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and E services through other sources. a II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall ) complete the work and provide all goods, materials, and services by November 21, 2024. 9 Y III. COMPENSATION. The City shall pay the Vendor an amount not to exceed One Hundred Seventy Five Thousand Dollars ($175,000), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following r amounts according to the following schedule: Cn m Vendor shall submit a single invoice upon completion of each task order. Invoices shall include date(s) and location(s) of work performed. ui U Card Payment Program. The Vendor may elect to participate in automated credit card payments o provided for by the City and its financial institution. This Program is provided as an alternative to payment J by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card 1�0 companies. The Vendor shall not charge those fees back to the City. c a� If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the option E to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. a GOODS & SERVICES AGREEMENT - 1 (Over$20,000, including WSST) Packet Pg. 91 4.A.F.1.1 A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Vendor for any defective or unauthorized goods, materials or services. If the Vendor is a unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and the Vendor shall be liable to the City for m any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, Z including legal costs and attorney fees, incurred by the City beyond the maximum Agreement a, price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to m become due the Vendor. _ U B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL c CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND O IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS J° MADE. w U IV. PREVAILING WAGES. Vendor shall file a "Statement of Intent to Pay Prevailing Wages," with o the State of Washington Department of Labor & Industries prior to commencing the Contract work. Vendor —J shall pay prevailing wages in effect on the date the bid is accepted or executed by Vendor, and comply with E Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate o provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. 3 r c V. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer E Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: a A. The Vendor has the ability to control and direct the performance and details of its N work, the City being interested only in the results obtained under this Agreement. M B. The Vendor maintains and pays for its own place of business from which the Vendor's services under this Agreement will be performed. E m m L C. The Vendor has an established and independent business that is eligible for a business Q deduction for federal income tax purposes that existed before the City retained the Vendor's services, or the Vendor is engaged in an independently established trade, .9 occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents r with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. Cn Q m E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. U F. The Vendor maintains a set of books dedicated to the expenses and earnings of its o business. J E a� r VI. TERMINATION. Either party may terminate this Agreement, with or without cause, upon �O providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. E VII. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any a GOODS & SERVICES AGREEMENT - 2 (Over$20,000, including WSST) Packet Pg. 92 4.A.F.1.1 reason, that an amendment is necessary, the Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, Section XVI(D), within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts and events giving rise to the requested a change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach m m agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the Z City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the a, amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the m time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for _ that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in c subsections A through E of Section IX, Claims, below. 0 0 The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate 0) acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the N Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract o time and for direct, indirect and consequential costs, including costs of delays related to any work, either J covered or affected by the change. E 4) 0 VIII. FORCE MA)EURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, 3 or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing a, state or national declarations of emergency, or any current social distancing restrictions or personal a protective equipment requirements that may be required under federal, state, or local law in response to c4 the current pandemic. LO M If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of E CD the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be L effective only to the extent and duration of the force majeure event causing the prevention or delay in Q performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. 9 Y Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City 3 shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. r Performance that is more costly due to a force majeure event is not included within the scope of this Force a Majeure provision. Cn Q m If a force majeure event occurs, the City may direct the Vendor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the u loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under v, this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the o Vendor. J E a) IX. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written Z order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to a the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the E claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts u or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for a any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed GOODS & SERVICES AGREEMENT - 3 (Over$20,000, including WSST) Packet Pg. 93 4.A.F.1.1 to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. a At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. m FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. U A. Notice of Claim. Provide a signed written notice of claim that provides the following c information: 0 L 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; N 3. The provisions in this Agreement that support the claim; 0 4. The estimated dollar cost, if any, of the claimed work and how that estimate J was determined; and E 5. An analysis of the progress schedule showing the schedule change or disruption o if the Vendor is asserting a schedule change or disruption. 3 B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. L The City will evaluate all claims, provided the procedures in this section are followed. If the a City determines that a claim is valid, the City will adjust payment for work or time by an C4 equitable adjustment. No adjustment will be made for an invalid protest. LO M C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this E Agreement. L a� a D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order 9 (including directions, instructions, interpretations, and determination). Y c 0 E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the r City any written or oral order (including directions, instructions, interpretations, and Co determination). Cn Q m X. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. cNi XI. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work o provided under this Agreement in accordance with the provisions of this Agreement. In addition to any J other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and the Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have E known of the defect, or (2) upon the Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts a shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for GOODS & SERVICES AGREEMENT - 4 (Over$20,000, including WSST) Packet Pg. 94 4.A.F.1.1 that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. m XII. DISCRIMINATION. In the hiring of employees for the performance of work under this a, Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national m origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who _ is qualified and available to perform the work to which the employment relates. The Vendor shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with the City Administrative c Policy 1.2. O L 0 N V XIII. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its officers, N officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or Im 0 suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's J performance of this Agreement, except for that portion of the injuries and damages caused by the City's E negligence. o z The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds 3 to avoid any of these covenants of indemnification. m E IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER Q ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 04 W) M In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then the Vendor E CD shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable L attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Q Vendor's part. a� c The provisions of this section shall survive the expiration or termination of this Agreement. Y c 0 XIV. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. r 0 m XV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary precautions Cn and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of m the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. ui XVI. MISCELLANEOUS PROVISIONS. W 0 A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its J contractors and consultants to use recycled and recyclable products whenever practicable. A price E preference may be available for any designated recycled product. 0 B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the a covenants and agreements contained in this Agreement, or to exercise any option conferred by this E Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. a GOODS & SERVICES AGREEMENT - 5 (Over$20,000, including WSST) Packet Pg. 95 4.A.F.1.1 C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means a of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in m m writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the Z parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred a, in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XIII of this Agreement. _ 76 U D. Written Notice. All communications regarding this Agreement shall be sent to the parties at c the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written 0 notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. N 0 E. Assignment. Any assignment of this Agreement by either party without the written consent J of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, E the terms of this Agreement shall continue in full force and effect and no further assignment shall be made o without additional written consent. z 3 F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Vendor. a� a� G. Entire Agreement. The written provisions and terms of this Agreement, together with any a, Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative a of the City, and such statements shall not be effective or be construed as entering into or forming a part of c4 or altering in any manner this Agreement. All of the above documents are hereby made a part of this M Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. E H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal L laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's Q business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. Y I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the 0 Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be r subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and a obligations under the Public Records Act. m 0 J. City Business License Required. Prior to commencing the tasks described in Section I, c Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any o number of counterparts, each of which shall constitute an original, and all of which will together constitute J this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. c a� IN WITNESS, the parties below execute this Agreement, which shall become effective on E the last date entered below. All acts consistent with the authority of this Agreement and prior M a GOODS & SERVICES AGREEMENT - 6 (Over$20,000, including WSST) Packet Pg. 96 4.A.F.1.1 to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. a VENDOR: CITY OF KENT: ca m By: By: Print Name: Print Name: Dana Ralph t9 Its Its Mayor DATE: DATE: L O N V NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: n O VENDOR: CITY OF KENT: E m David Scott Page Chad Bieren, P.E. o Totem Logistics, Inc. (DBA Seattle Junk King) City of Kent 308 Clay Street NW 220 Fourth Avenue South 3 Auburn, WA 98001 Kent, WA 98032 c m E 510-332-1231 (telephone) (253) 856-5500 (telephone) Scott.page a junk-king.com (email) PublicWorks@KentWA.gov (email) Q APPROVED AS TO FORM: N LO M C N Kent Law Department E m m L ATTEST: Q a� c Y Kent City Clerk m .r r m Cn Q m 0 ci c ui :r O J E N r O H C N E t v cC a-. Q GOODS & SERVICES AGREEMENT - 7 (Over$20,000, including WSST) Packet Pg. 97 4.A.F.1.1 DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY Q. c M m The City of Kent (City) is committed to conform to Federal and State laws regarding equal a opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. U The City of Kent and its contractors are subject to and will comply with the following: o L • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. J° 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs 0 Of The Department Of Transportation-Effectuation Of Title VI Of The Civil E Rights Act Of 1964); c • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement 3 of Title VI of the Civil Rights Act of 1964). a� E • Ch. 49.60 RCW (Washington Law Against Discrimination) a, a The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and 0 Regulations". c The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of L all of the following is required for this Agreement to be valid and binding. If any contractor, Q subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, it will be considered a breach of contract and it will be at the City's sole determination Y regarding suspension or termination for all or part of the Agreement. c The statements are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. a m 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, o race, color, national origin, age, or the presence of all sensory, mental or physical disability. c UT 3. During the time of this Agreement I, the prime contractor, will provide a written statement 2 to all new employees and subcontractors indicating commitment as an equal opportunity .0 employer. J E 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and c promotion of women and minorities. c W 5. During the performance of this contract, the contractor, for itself, its assignees, and E successors in interest (hereinafter referred to as the "contractor") agrees as follows: M a EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 98 4.A.F.1.1 A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- �. assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. c� B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national o origin in the selection and retention of subcontractors, including procurements of o materials and leases of equipment. The contractor will not participate directly or y indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program D, set forth in Appendix B of 49 CFR Part 21. ° J >_ d C. Solicitations for Subcontracts, Including Procurements of Materials and o Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including 3 procurements of materials, or leases of equipment, each potential subcontractor or a supplier will be notified by the contractor of the contractor's obligations under this E contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. a N D. Information and Reports: The contractor will provide all information and reports M required by the Acts and Regulations and directives issued pursuant thereto and will , permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the E Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information Q required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Y Washington State Department of Transportation, as appropriate, and will set forth c what efforts it has made to obtain the information. a� E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with in the non-discrimination provisions of this contract, the City will impose such contract a sanctions as it or the Washington State Department of Transportation may m 0 determine to be appropriate, including, but not limited to: c a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. o J F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of 0 materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to E any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, a EEO COMPLIANCE DOCUMENTS - 2 Packet Pg. 99 4.A.F.1.1 or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States a to enter into the litigation to protect the interests of the United States. cc 6. During the performance of this contract, the contractor, for itself, its assignees, and a successors in interest agrees to comply with the following non-discrimination statutes and cou authorities; including but not limited to: CU U Pertinent Non-Discrimination Authorities: c 0 L i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. a, 0 ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and 0 projects); �= iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination c a� on the basis of sex); E iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; a V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), co LO (prohibits discrimination on the basis of age); M vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as c a� amended, (prohibits discrimination based on race, creed, color, national origin, or E sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, Q coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age c Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by Y expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, r whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination co Q on the basis of disability in the operation of public entities, public and private o transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportationci = regulations at 49 C.F.R. parts 37 and 38; r2 ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); � X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority E W Populations and Low-Income Populations, which ensures Non-discrimination against �0 minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on E minority and low-income populations; a EEO COMPLIANCE DOCUMENTS - 3 Packet Pg. 100 4.A.F.1.1 xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure ; compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); a� xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et CU seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) c 7. The submission of the final invoice for this contract will constitute a reaffirmation that the o 0 preceding statements were complied with during the course of the contract's performance 0. By signing below, I agree to fulfill the five requirements referenced above. C, 0 J E By• o L For: r c Title: E a� a� L Date: °1 Q N 00 LO M r C O E O d L Q Y Y c 3 a� w r m Cn Q 00 Li c vi v r 0 J E O O H r.+ C O E t v R Q EEO COMPLIANCE DOCUMENTS - 4 Packet Pg. 101 4.A.F.1.1 CITY OF KENT ADMINISTRATIVE POLICY a c ca m NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 L V U SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 0 L APPROVED BY Dana Ralph, Mayor y U POLICY: O J Equal employment opportunity and non-discrimination in contracting requirements for the City of E Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and c suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must 3 take the following affirmative steps: E 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. a N 2. Actively consider for promotion and advancement available minorities and women. LO M Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the a City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination E Policy Declaration, prior to commencing performance. ;v a Any contractor, subcontractor, consultant or supplier who willfully disregards the City's c nondiscrimination and equal opportunity requirements shall be considered in breach of contract Y and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public T Works Departments to coordinate with the City's Title VI coordinator, and perform the following duties for their respective departments. Cn Q m 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. U W 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. O J E N r O H C N E t v cC Q EEO COMPLIANCE DOCUMENTS - 5 Packet Pg. 102 EXHIBIT A Date:03-11-23 To: Tony Donati, City of Kent Public Works Department RE: "RFP-On-Call Clean Up Services" a c Desired Qualifications: m Totem Logistics Inc. has a proven track record satisfying your requested desired qualifications as the "On-call Clean up Services" provider for the City of Kent. As a registered waste hauler, we have been providing debris M and trash removal in King,Snohomish, Pierce, and Kitsap County since 2018,for residential, commercial, and public entity customers.The Company is currently providing these multiyear contracted services as the "On Call Cleanup and 76 Litter Cleanup Contractor"for the City of Auburn, Washington State Department of Enterprise Services, and the 0 Washington Department of Transportation. Current contracts that occur in the public right of way and require a dynamic traffic control on the dedicated route being serviced. We provide traffic control,flagging, and signage that comply with current Manual on Uniform Traffic Control Devices (MUTCD) and the Washington State Department of Transportation N (WADOT) standards. In the past 5 years we have successfully completed 23 public works contracts and projects.The company owns 8 self- T contained and equipped 18-yard route/dump trucks,two roll-off dumpster trucks and 21 drop boxes, excavators, skid 0 steers and equipment trailers. WADOT and Auburn utilize limbing, brush removal and mowing on State right-aways and E cityproperties. We have equipment to access remote and difficult terrain. We use grapple buckets and 4-yard tip bins to p pg pp Y p c move large volumes of debris long distances that are dumped directly into trucks or dumpsters. Currently we have a z year-round crew of 18 and a large seasonal pool of employees. 3 r c Emergency Services: E We operate 7 days a week with headquarters in Auburn Wa. and Satellite yards in Lacy and Seattle. Our booking system automates estimating and invoicing.We can respond to urgent or emergency request in the same or next day if needed. Q This allows us to streamline the public works Intents, payroll, and affidavits process. We have completed hundreds of N Illegal dumping projects in 2022.We have two contracted crews working 5 days a week in the City of Auburn through 00 2024. Our Crews are regularly providing pick u and cleanup services for WADOT along the 1-5 corridor in Kin g Yp gp� p p g g, Snohomish, and Pierce County. Our current service relationship with these customers, allows us to estimate/receive approval and complete jobs in the same/next day for Homeless camp and large illegal dumping sites.This permits us to E m perform work inside of our core removal business and avoid the cost of scheduling, mobilizing workers and equipment. L Many jobs are completed with two workers within a few hours.this timely response has been particularly valuable Q responding to complaints from the community for homeless debris, Illegal dumping on the roadways, rite of ways, park, 03 and city property. We have developed an experienced and motivated work force and have a proven track record Y performing this removal work. Working with the public, private landowners, public entities and school districts in Kitsap, King, Pierce, and Snohomish County,we have developed strong client loyalty. Since 2018, we have completed 99%of our Contract projects as estimated without a change order. We have had zero injuries or illness associated with our m .r debris removal business. Our commercial business requires all our employees to interface with the public daily and provide an excellent positive experience. We look forward to the opportunity to continue providing that same service U) and commitment to City of Kent. m 0 Company Staff Qualifications: c Scott Page, owner, and president of Totem Logistics received his BA from Saint Mary's College Ca. and is a licensed contractor in Washington. Having an extensive experience in transportation and service industries, including 28 years in .2 risk management, and underwriting commercial insurance. Scott understands the importance of being customer focused and providing value for his customers in a competitive business. A hands-on manager, active in the business � daily, Scott oversees the daily business operation. Our core business is service focused and requires interacting with E customers at their homes and business.As part of our company ethos, we aggressively separate recyclables from the o debris to divert the many shopping carts, electronics, and scrap metal from the trash stream. ~ :.o c Totem Logistics Inc. E Tel(510) 332-1231 308 Clay St NW Scott Page spage@pacbell.net Auburn WA 98001 President Q Packet Pg. 103 EXHIBIT A Operations Manager Cornelius Jackson (CJ) has been with the company for over three years and is a principal. CJ overseas the company staffing, logistics and workflow. CJ has many years of experience in logistics, production, and a management position with Pop Gourmet. He is responsible for training and employee education and moral. CJ will be the primary supervisory — contact on city jobs. ci c O Proiect/Contract Manager o Uriaz Estrada, y Uriaz will be overseeing, directing, managing, and fulfilling the contract and will be the primary lead man on the job. N Uriaz has over 20 years in landscape and property management. He will bring a mature experienced hand to completing 'm the functions required on the Contract. � E am 4.0,1.2 4.2.1 Description of Services,Clean Up Approach and Work Order Process: o z Totem Logistics Inc. will review The Work Order and will meet with city staff at the identified site if required.Totem 3 r Logistics Inc. will review and conduct a pre-cleanup visual assessment of the worksite, document the site m photographically both before beginning cleanup work and after completing the contracted job. We will determine, E a� volume of garbage, site access, limits, cleanup standards, potential requirements (traffic control, loading zone, master ;v collection site etc.) and number of employees and days needed for cleanup.Totem Logistics Inc.will provide the city a with a written estimate while on site or within two business days after the joint site visit. N 00 LO M Once approved, Work Order will provide: Worksite location, estimated service timeframe, Description of waste items, cleanup instructions, including waste segregation information, materials management requirements, and disposal facility location(s),Worksite plan, including E waste staging and vehicle parking areas, estimated cost based on compensation specified in the Contract, Safety plan, including signage and traffic control plan if required, and Name and contact information for the onsite Site Supervisor Q a� c A dedicated on-site company supervisor will be responsible for the supervision of crew and ensure all necessary safety 1 procedures are followed in compliance with federal, state, local and tribal laws, regulations, and policy. On-site c supervisor will immediately halt work and contact the city and police in the event of the discovery of: m .r r Homeless encampments—Contractor will stop work and contact the city if a worksite becomes occupied prior to or during cleanup activities. Also, broken, or missing infrastructure that presents an immediate risk to the public. Items Cn Q blocking the lane of travel.Vehicle collisions. Spills of chemicals or hazardous liquids. Firearms, Explosives, Contraband, o Methamphetamine or Fentanyl Lab Waste, Illegal Drugs, Drug Waste. Contractor shall stop work immediately,vacate all staff from the worksite, and contact law enforcement and the city for further guidance. c ui Clean Up Process: 0 Mobilize at work site and review the daily work goals and safety objectives. Communicate the locations and types of _J hazards and bio waste and best practice to isolate and remove. Provide flagging services at the worksite during cleanup aEi r services, if required.Traffic control,flagging, and signage shall comply with current Manual on Uniform Traffic Control 0 Devices(MUTCD) and Washington State Department of Transportation (WSDOT)standards. Collect debris, dismantle temporary structures, and remove trash. Dispose of all debris (i.e., hazardous waste, universal waste, medical waste, E drug waste and paraphernalia, and other items) at our permitted facility partner. Separate recyclable items from general trash or disposables and document and provide proof of delivery of waste and recyclables(scale tags)to a site approved Q 2 Packet Pg. 104 EXHIBIT A by the city. Supply all labor, materials,tools, equipment,vehicles, personal protective equipment, portable bathroom m facilities,traffic controls, dumpsters and other supplies that may be required to remove debris, litter, recyclables, and e- waste. Ensure employees are wearing appropriate personal protective equipment (PPE) and always follow appropriate safety protocols and training while on site. If requested the contractor will trim shrubs and vegetation with company — owned power equipment fitted with brush cutters,grapples or manually remove cover to add as a deterrent for future Y dumping. Coordinate with police and social and human service agencies and provide large clear bags for Personal r- O Property or Valuables (e.g., personal identification, wallets, mail, documents or records, prescription medicines, o photographs, cell phones, money,jewelry) and store until the city has determined resolution of items. y Load Out: Meet with project coordinator if requested and proof project and document site photographically per Work N Order and secure worksite and gates. a, 0 J 2.0,1.2.3.4.5 DESIRED QUALIFICATIONS, Previous Experience and Examples of relevant experience: E m 41 Projects completed have ranged from single items or small piles of debris and household items on remote private o properties and urban areas to large multiday complex removals in steep terrain, sensitive areas, and wetlands. Some jobs are small and require two workers and can be completed in a few hours. Other jobs require large crews to manually 3 r transport debris from sensitive locations to jobs utilizing company owned power equipment and aerial tram ways to m move large quantities of debris safely and effectively. Totem Logistics has over 5,years of experience in homeless E encampment/illegal dump site cleanup and trash removal and debris hauling. a� Q 01-02-2023 to 12-31-2024 N City of Auburn M Currently contracted to provide litter and illegal dumping collection on designated city streets through 2024.Trucks and crew work a dedicated route each weekday and collect debris and garbage along roadways, city properties, and parks. 01-02-2023 to 12-31-2024 E m City of Auburn Currently contracted to provide Homeless Camp removal on city property through 2024.Trucks and crew work are Q dispatched each weekday and collect debris and garbage at designated locations. 12/23/2020 Y City of Auburn Police Department (Abatement) 702 36th. Street Southeast c Worked under the direction of police detail and removed 90 yards of debris,from house in the City of Auburn. Recycled n all available items and transported the balance to licensed transfer station. No hazardous material found at location. T Used company owned equipment and dumpsters to separate/recycle, load,transport, and disposal at our certified facility. Q Experience removing hazardous biowaste. m 0 06/09/2020 Xiaojian Gao,400 Roy St Seattle, (City of Seattle Code and Compliance Violation) c Vacant 4500 Square foot single story commercial building. Large community squatting in building for several months. y Large amounts of human waste, drug paraphrenia and bio waste, wet garbage stored onsite. Removed 48 yards of o debris and 5 yards of biohazard items and human waste. J pulled 2500 sq feet of carpet to satisfy code and compliance complaint. Followed all prescribed protocol's r handling biohazardous waste and disposal at our certified facility. 0 :.o 05/19/21 0 a� City of Auburn Police Department, Homeless Suicide/Camp Removal, Auburn Wa. Removed tent and belongings of Camper who committed suicide at camp site. a 3 Packet Pg. 105 EXHIBIT A Followed up Medical Examiner after body was removed and bagged and removed biowaste,tent and all its content for disposal. Followed all prescribed protocol's handling biohazardous waste and disposal at our certified facility. L V Experience removing trash from steep slopes and sensitive areas. — U 05/01/2019-Steep Terrain, Forterra Land Trust. S 212 Th St. Kent (Steep Terrain) 12-acre site 1� O Removed homeless debris from several sites and a large amount of human waste and sharps.Terrain required some trail o building to access rear of property to demolish structures and transport many pallets and plywood to collection site. y Campers' possessions were bagged, labeled, and delivered to collection area for campers to reclaim. Fall prevention/ N protection was required due to the steep terrain and wet conditions. Installed aerial tram to move couches and debris 0 out of creek bed.Traffic controls were required to safely load out on S 212'St. Followed all prescribed protocol's � handling biohazardous waste and disposal at our certified facility. E m 0 07/01/2020 Steep Terrain City of Auburn, R Street Underpass and Auburn Way So. 3 r Removed homeless debris from several sites along roadway and underpass. Provided traffic controls to segregate work area from lanes of traffic. Loaded out with company owned power equipment to speed project and reduce traffic delay E and impact. Followed all prescribed protocol's handling biohazardous waste and disposal at our certified facility. Followed all Steep terrain protocols set forth using fall protection equipment. Q N 09-16-2019 M City of Auburn, White River Shoreline Camp, North Side Multi day project to remove extensive long-lived camp along the river shoreline. Due to environmental sensitivity erosion control attention was taken to minimize disturbance of areas outside of project footprint and along the m shoreline to avoid sediment movement to protected waterways. required all debris and possessions be bagged and drug a� to remote staging area for disposal. Recycled all metal and separated Bio waste from garbage. Followed all Q prescribed protocol's handling biohazardous waste and disposal at our certified facility. Y City of Kent, McSorley wetlands. 09-10-2022 c Weeklong project to remove extensive long-lived camp in wetlands basin Required all debris and possessions be transported to remote staging area for disposal.Worked closely with Kent Police to manage campers returning to the r camp for possessions. Working during dry spells, removed 70+tons of trash and debris.Took special care to not damage property outside of camp footprints and trails dedicated for the power equipment. Separated Hazardous and Bio waste Q from garbage. Followed all prescribed protocol's handling biohazardous waste and disposal at our certified facility. m 0 Safety and Training: c Because the risk of infection or contamination is high in this line of work, it is imperative that those who perform the job U of Illegal dumpsites and trash collection are properly trained and equipped. Proper education in identifying hazards and use of PPE is required as the first line of defense.All OSHA requirements, statute, standards, and regulations are o implemented.All current workers will have received certified OSHA training and certificates. Our Company goal is to _J prevent the spread of COVID-19 in the workplace and recognized as a workplace hazard that we address. First objective d r is to identify Biohazards and minimize contact.As is possible, all debris is removed with minimal worker contact. we 0 utilize power equipment, rakes, shovels and hard sided containers for safe removal and disposal at our approved partner facility. We make hepatitis B and Tetanus vaccination available to our workers. We have completed 98 debris removal projects in 2022.They range from small urban removals to large complex multi-day projects and crime scenes. Our ca Q 4 Packet Pg. 106 EXHIBIT A workforce is experienced performing these projects and are eager for the compensation they provide themselves and a� their families. All labor will be direct employees of Totem Logistics Inc. 85%of our current staff is consider Minority(African American, Hispanic, Native American, Asian Pacific, or Asian Indian). Equipment operators and truck drivers will all have current — licenses and training certifications. Employees will have current training and certification provided before work ci commences for all owners, managers, and staff on the project site for: O Hazardous waste handling and disposal, Bloodborne pathogens, Steep slopes and fall protection, and training o certification, including written plans for: OSHA's 1910.1030.Training Plan and Written Exposure Control Plan (ECP) y Current Certifications: Number of employees certified as of 03-01-2023 a, HAZWOPER 24-2 � Biosafety Hazardous Waste Handling and Disposal-18 E m Bloodborne Pathogens-18 0 Steep Slopes—Fall Protection Equipment-12 WA Flagger Certification-4 3 r c Customer References: E a� a� Lance Pascubillo, HMW4 4.3 Unit Costs: Q Northwest Region-Area 5 ITEM Rate/Cost Unit N WSDOT 4.3.1 Mobilization $0.00 Per Job 00 LO (206) 587-4835 4.3.2 HAZ Worker-C prevailing wages, $99.89 Per Hour PascubL@wsdot.wa.gov Bobcat Equipment Operator $139.00 Per Hour prevailing wages, E Josh Arndt Flagger, prevailing wages, $92.66 Per Hour 0- City of Auburn Dumping fees - non-hazardous Q Real Estate Manager 4.3.3 waste* $165.00 Per Ton (253)561.1235 Per 55-gallon Y iarndt@auburnwa.gov 4.3.4 Dumping fees — hazardous waste $185.00 Y Drum 4.3.5 Equipment Rental, Company $195.00 Per Day Equipment T Chris Barack Supplies and Miscellaneous City of Auburn 4.3.6 requirements (i.e., cones, traffic $0.00 Per Day Cn Code Compliance signs, etc.) o Supervisor 4.3.7 Administrative fees, $95.00 Per Hour Department of * King County Posted c Community Development ui (253)804.5030 V W cbarack@auburnwa.gov 0 J Exhibit D:Totem logistics has provided a certificate of insurance as required. E d r 0 :.o c a� E ca a 5 Packet Pg. 107 EXHIBIT A Exhibit A To the RFP for On-Call Clean Up Services CERTIFICATIONS AND ASSURANCES I/we make the following certifications and assurances as a required element of the proposal to which it is attached, understanding that the truthfulness of the facts affirmed here and the continuing compliance with these requirements are conditions precedent to the award or continuation of the related contract(s): 1. I/we declare that all answers and statements made in the proposal are true and correct. 2. The prices and/or costs data have been determined independently, without consultation, communication, or agreement with others for the purpose of restricting competition. However, I/we may freely join with other persons or organizations for the purpose of presenting a single proposal. 3. The attached proposal is a firm offer for a period of 60 days following the due date for receipt of proposals, and it may be accepted by the City of Kent, Washington without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the 60-day period. 4. In preparing this proposal,I/we have not been assisted by any current or former employee of the City of Kent whose duties relate (or did relate) to this proposal or prospective contract, and who was assisting in other than his or her official, public capacity. (Any exceptions to these assurances are described in full detail on a separate page and attached to this document.) 5. I/we understand that the City of Kent will not reimburse me/us for any costs incurred in the preparation of this proposal. All proposals become the property of the City of Kent, and I/we claim no proprietary right to the ideas, writings, items, or samples, unless so stated in this proposal. 6. Unless otherwise required by law,the prices and/or cost data which have been submitted have not been knowingly disclosed by the Proposer and will not knowingly be disclosed by him/her prior to opening,directly or indirectly,to any other Proposer or to any competitor. 7. I/we agree that submission of the attached proposal constitutes acceptance of the solicitation contents and the attached sample contract and general terms and conditions. If there are any exceptions to these terms, I/we have described those exceptions in detail on a page attached to this document. 8. No attempt has been made or will be made by the Proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition. 9. I/we grant the City of Kent the right to contact references and others, who may have pertinent information regarding the Proposer's prior experience and ability to perform the contemplated in this procurement. DAVID SCOTT PAGE Signa u f roposer PRESI 10-11-2023 Title Date PackE 4.A.F.1.1 a Exhibit B Insurance Requirements for Consultant Services Agreements Insurance c� The Contractor shall procure and maintain for the duration of the c Agreement, insurance against claims for injuries to persons or damage to 0 property which may arise from or in connection with the performance of the ,o work hereunder by the Contractor, their agents, representatives, employees, or subcontractors. 0 A. Minimum Scope of Insurance E a� 0 Contractor shall obtain insurance of the types described below: 3 Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover E liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, a and liability assumed under an insured contract. The Commercial N General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General E Liability insurance policy with respect to the work performed for the L City using ISO additional insured endorsement CG 20 10 11 85 or a a substitute endorsement providing equivalent coverage. Y Automobile Liability insurance providing bodily injury and property damage liability coverage for all owned, non-owned, hired, and leased vehicles used in the performance of this Agreement. This coverage must be on a primary and non-contributory basis only. Coverage shall be written on ISO form CA 00 01, or a substitute form providing m equivalent liability coverage. If necessary, the policy shall be o endorsed to provide contractual liability coverage. Contractor's Pollution Liability insurance covering losses caused by pollution conditions that arise from the operations of the Contractor. 0 J Workers' Compensation coverage for the employees of Contractor and E subcontractors as required by the Industrial Insurance laws of the 0 State of Washington. E a Packet Pg. 109 4.A.F.1.1 a B. Minimum Amounts of Insurance cc Contractor shall maintain the following insurance limits: Commercial General Liability insurance shall be written with limits no less than $1,000,000 per occurrence, $2,000,000 general aggregate, and $2,000,000 products-completed operations aggregate limit. Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000 0 Primary Non-Contributory Additional Insured coverage for the City of ,o Kent, et. al. Waiver of Subrogation Cn 0 0 Automobile Liability insurance with a minimum combined single limit E for bodily injury and property damage of $1,000,000 per occurrence. c Contractor's Pollution Liability insurance covering losses caused by pollution conditions that arise from the operations of any Contractor doing work on behalf of the City, in the City's right-of-way. Contractor's Pollution Liability insurance shall be written in an amount of at least $1,000,000 per occurrence, with an aggregate of at least a $2,000,000. Coverage may be written on a claims-made basis. 00 LO M The above policy limits may be obtained with excess liability (umbrella) insurance. E L C. Other Insurance Provisions a The insurance policies are to contain, or be endorsed to contain, the Y following provisions for Commercial General Liability and Automobile Liability insurance: w r 1. The Contractor's insurance coverage shall be primary insurance Cn with respect to the City. Any insurance, self-insurance, or m insurance pool coverage maintained by the City shall be in o excess of the Contractor's insurance policies and shall not Li contribute to the Contractor's insurance policies. — r 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after � thirty (30) days prior written notice has been given to the City, E sent via certified mail, return receipt requested. 0 r 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) with respect to work a Packet Pg. 110 4.A.F.1.1 a performed by or on behalf of the Contractor and a copy of the endorsement naming the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claims are made or suit is c brought, except with respect to the limits of the insurer's o liability. ,o N V D. Acceptability of Insurers O Insurance is to be placed with insurers with a current A.M. Best rating of not E less than A:VII. c E. Verification of Coverage 3 r Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of a the Contractor before commencement of the work. The City waives no 00 LO rights, and the Contractor is not excused from performance if Contractor fails to provide the City with a copy of the endorsements naming the City as a Primary Non-Contributory Additional Insured. E L F. Subcontractors a Contractor shall include all subcontractors as insureds under its policies or Y shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all the same insurance requirements as stated herein for the Contractor. Cn Q m 0 E W O J E N r O H C N E t v cC a-. Q Packet Pg. 111 5/23/23,8:12AM about:blank State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe — benefits. On public works projects, worker's wage and benefit rates must add to not less than this c total. A brief description of overtime calculation requirements are provided on the Benefit Code o Key. Jq V Journey Level Prevailing Wage Rates for the Effective Date: 06/06/2023 0 J County Trade Job Classification Wage Holiday Overtime Note *Risk c Class King Asbestos Abatement Workers Journey Level $56.80 5D 1 H View 3 King Boilermakers Journey Level $74.29 5N 1C View m King Brick Mason Journey Level $66.32 7E 1 N View E a� King Brick Mason Pointer-Caulker-Cleaner $66.32 7E 1 N View a� King Building Service Employees Janitor $28.23 5S 2F View Q King Building Service Employees Traveling Waxer/Shampooer $28.68 5S 2F View00 King Building Service Employees Window Cleaner (Non-Scaffold) $32.18 5S 2F View King Building Service Employees Window Cleaner (Scaffold) $33.18 5S 2F View aa' King Cabinet Makers (In Shop), Journey Level $22.74 1 View E m King Carpenters Acoustical Worker $71.53 15J 4C View L a� King Carpenters Bridge, Dock And Wharf $71.53 15J 4C View Q Carpenters King Carpenters Floor Layer Et Floor Finisher $71.53 15J 4C View Y King Carpenters Journey Level $71.53 15J 4C View King Carpenters Scaffold Erector $71.53 15J 4C View .r King Cement Masons Application of all Composition $70.09 15J 41J View m Mastic Cn King Cement Masons Application of all Epoxy $69.59 15J 41J View o Material -- King Cement Masons Application of all Plastic $70.09 15J 41J View c Material ui U King Cement Masons Application of Sealing $69.59 15J 41J View y Compound o King Cement Masons Application of Underlayment $70.09 15J 41J View J E King Cement Masons Building General $69.59 15J 41J View 0 King Cement Masons Composition or Kalman Floors $70.09 15J 41J View :.o King Cement Masons Concrete Paving $69.59 15J 41J View King Cement Masons Curb Et Gutter Machine $70.09 15J 41J View E King Cement Masons Curb Et Gutter, Sidewalks $69.59 15J 41J View King Cement Masons Curing Concrete $69.59 15J 41J View a King Cement Masons Finish Colored Concrete $70.09 15J 41J View about:blank I Packet Pg. 112 5/23/23,8:12AM about:blank King Cement Masons Floor Grinding $70.09 15J 4U View King Cement Masons Floor Grinding/Polisher $69.59 15J 4U View King Cement Masons Green Concrete Saw, self- $70.09 15J 4U View a powered ca King Cement Masons Grouting of all Plates $69.59 15J 4U View m King Cement Masons Grouting of all Tilt-up Panels $69.59 15J 4U View King Cement Masons Gunite Nozzleman $70.09 15J 4U View King Cement Masons Hand Powered Grinder $70.09 15J 4U View King Cement Masons Journey Level $69.59 15J 4U View U King Cement Masons Patching Concrete $69.59 15J 4U View c King Cement Masons Pneumatic Power Tools $70.09 15J 4U View o King Cement Masons Power Chipping Et Brushing $70.09 15J 4U View y U King Cement Masons Sand Blasting Architectural $70.09 15J 4U View Mh Finish 0 0 King Cement Masons Screed Et Rodding Machine $70.09 15J 4U View I King Cement Masons Spackling or Skim Coat $69.59 15J 4U View Concrete ° z King Cement Masons Troweling Machine Operator $70.09 15J 4U View 3 King Cement Masons Troweling Machine Operator on $70.09 15J 4U View Colored Slabs E King Cement Masons Tunnel Workers $70.09 15J 4U View King Divers Et Tenders Bell/Vehicle or Submersible $126.05 15J 4C View Q Operator (Not Under Pressure) N King Divers Et Tenders Dive Supervisor/Master $89.94 15J 4C View M King Divers Et Tenders Diver $126.05 15J 4C 8V View , c King Divers Et Tenders Diver On Standby $84.94 15J 4C View 0 E King Divers Et Tenders Diver Tender $77.16 15J 4C View L King Divers Et Tenders Hyperbaric Worker - $89.09 15J 4C View a Compressed Air Worker 0-30.00 PSI Y King Divers Et Tenders Hyperbaric Worker - $94.09 15J 4C View �c Compressed Air Worker 30.01 44.00 PSI King Divers Et Tenders Hyperbaric Worker - $107.09 15J 4C View Compressed Air Worker 44.01 - in 54.00 PSI m King Divers Et Tenders Hyperbaric Worker - $103.09 15J 4C View o Compressed Air Worker 54.01 - 60.00 PSI King Divers Et Tenders Hyperbaric Worker - $105.59 15J 4C View U Compressed Air Worker 60.01 - y 64.00 PSI 0 J King Divers Et Tenders Hyperbaric Worker - $110.59 15J 4C View E Compressed Air Worker 64.01 - 0 68.00 PSI 0 King Divers Et Tenders Hyperbaric Worker - $112.59 15J 4C View c Compressed Air Worker 68.01 - E 70.00 PSI ca King Divers Et Tenders Hyperbaric Worker - $114.59 15J 4C View a Compressed Air Worker 70.01 72.00 PSI about:blank Packet Pg. 113 5/23/23,8:12AM about:blank King Divers Et Tenders Hyperbaric Worker - $116.59 15J 4C View Compressed Air Worker 72.01 74.00 PSI King Divers Et Tenders Manifold Operator $77.16 15J 4C View c King Divers Et Tenders Manifold Operator Mixed Gas $82.16 15J 4C View M King Divers Et Tenders Remote Operated Vehicle $77.16 15J 4C View Operator/Technician King Divers Et Tenders Remote Operated Vehicle $71.98 15J 4C View Tender O King Dredge Workers Assistant Engineer $76.56 5D 3F View U King Dredge Workers Assistant Mate (Deckhand) $75.97 5D 3F View 1� O King Dredge Workers Boatmen $76.56 5D 3F View o L2 King Dredge Workers Engineer Welder $78.03 5D 3F View U) King Dredge Workers Leverman, Hydraulic $79.59 5D 3F View ) King Dredge Workers Mates $76.56 5D 3F View o J King Dredge Workers Oiler $75.97 5D 3F View E m King Dull Applicator Journey Level $71.53 15J 4C View o King Drywall Tapers Journey Level $70.61 5P 1 E View King Electrical Fixture Maintenance Journey Level $37.19 5L 1 E View 3 Workers m King Electricians - Inside Cable Splicer $102.90 7C 4E View 00) King Electricians - Inside Cable Splicer (tunnel) $110.61 7C 4E View a King Electricians - Inside Certified Welder $99.38 7C 4E View N King Electricians - Inside Certified Welder (tunnel) $106.75 7C 4E View M King Electricians - Inside Construction Stock Person $49.28 7C 4E View , c King Electricians - Inside Journey Level $95.88 7C 4E View (D E King Electricians - Inside Journey Level (tunnel) $102.90 7C 4E View CD L King Electricians - Motor Shop Journey Level $48.68 5A 1 B View a King Electricians - Powerline Cable Splicer $93.00 5A 4D View Construction Y King Electricians - Powerline Certified Line Welder $85.42 5A 4D View Construction ' King Electricians - Powerline Groundperson $55.27 5A 4D View r Construction m King Electricians - Powerline Heavy Line Equipment $85.42 5A 4D View U) Construction Operator o King Electricians - Powerline Journey Level Lineperson $85.42 5A 4D View Construction c King Electricians - Powerline Line Equipment Operator $73.35 5A 4D View U Construction King Electricians - Powerline Meter Installer $55.27 5A 4D 8W View o Construction J E King Electricians - Powerline Pole Sprayer $85.42 5A 4D View Construction ° t- King Electricians - Powerline Powderperson $63.50 5A 4D View Construction E E King Electronic Technicians Journey Level $62.13 7E 1 E View u King Elevator Constructors Mechanic $107.49 7D 4A View a King Elevator Constructors Mechanic In Charge $116.13 7D 4A View about:blank I Packet Pg. 114 5/23/23,8:12AM about:blank King Fabricated Precast Concrete All Classifications - In-Factory $21.34 5B 1 R View Products Work Only King Fence Erectors Fence Erector $48.14 15J 4V 8Y View a King Fence Erectors Fence Laborer $48.14 15J 4V 8Y View ca King Flaggers Journey Level $48.14 15J 4V 8Y View King Glaziers Journey Level $75.91 7L 1y View King Heat Et Frost Insulators And Journey Level $84.84 15H 11C View Asbestos Workers King Heating Equipment Mechanics Journey Level $94.11 7F 1 E View King Hod Carriers Et Mason Tenders Journey Level $59.85 15J 4V 8Y View King Industrial Power Vacuum Journey Level $15.74 1 View 0 L Cleaner o King Inland Boatmen Boat Operator $61.41 5B 1 K View U King Inland Boatmen Cook $56.48 5B 1 K View 0 0 King Inland Boatmen Deckhand $57.48 5B 1 K View King Inland Boatmen Deckhand Engineer $58.81 5B 1 K View E King Inland Boatmen Launch Operator $58.89 5B 1 K View ° z King Inland Boatmen Mate $57.31 5B 1 K View 3 King Inspection/Cleaning/Sealing Of Cleaner Operator, Foamer $31.49 1 View Sewer Et Water Systems By Operator Remote Control King Inspection/Cleaning/Sealing Of Grout Truck Operator $15.74 1 View a Sewer Et Water Systems By Remote Control N 00 LO King Inspection/Cleaning/Sealing Of Head Operator $24.91 1 View Sewer Et Water Systems By Remote Control E King Inspection/Cleaning/Sealing Of Technician $19.33 1 View Sewer Et Water Systems By Q Remote Control a� King Inspection/Cleaning/Sealing Of Tv Truck Operator $20.45 1 View 9 Sewer Et Water Systems By Y Remote Control King Insulation Applicators Journey Level $71.53 15J 4C View King Ironworkers Journeyman $83.79 15K 11 N View m King Laborers Air, Gas Or Electric Vibrating $56.80 15J 4V 8Y View U) Screed Q m King Laborers Airtrac Drill Operator $58.56 15J 4V 8Y View King Laborers Ballast Regular Machine $56.80 15J 4V 8Y View King Laborers Batch Weighman $48.14 15J 4V 8Y View King Laborers Brick Pavers $56.80 15J 4V 8Y View y King Laborers Brush Cutter $56.80 15J 4V 8Y View 0 J King Laborers Brush Hog Feeder $56.80 15J 4V 8Y View E King Laborers Burner $56.80 15J 4V 8Y View 0 King Laborers Caisson Worker $58.56 15J 4V 8Y View King Laborers Carpenter Tender $56.80 15J 4V 8Y View E E King Laborers Cement Dumper-paving $57.84 15J 4V 8Y View u King Laborers Cement Finisher Tender $56.80 15J 4V 8Y View a King Laborers Change House Or Dry Shack $56.80 15J 4V 8Y View about:blank I Packet Pg. 115 5/23/23,8:12AM about:blank King Laborers Chipping Gun (30 Lbs. And $57.84 15J 4V 8Y View Over) King Laborers Chipping Gun (Under 30 Lbs.) $56.80 15J 4V 8Y View a King Laborers Choker Setter $56.80 15J 4V 8Y View ca King Laborers Chuck Tender $56.80 15J 4V 8Y View King Laborers Clary Power Spreader $57.84 15J 4V 8Y View King Laborers Clean-up Laborer $56.80 15J 4V 8Y View King Laborers Concrete Dumper/Chute $57.84 15J 4V 8Y View Operator King Laborers Concrete Form Stripper $56.80 15J 4V 8Y View King Laborers Concrete Placement Crew $57.84 15J 4V 8Y View O L King Laborers Concrete Saw Operator/Core $57.84 15J 4V 8Y View 42 Driller U) King Laborers Crusher Feeder $48.14 15J 4V 8Y View 0 King Laborers Curing Laborer $56.80 15J 4V 8Y View King Laborers Demolition: Wrecking Et Moving $56.80 15J 4V 8Y View E (Incl. Charred Material) o King Laborers Ditch Digger $56.80 15J 4V 8Y View King Laborers Diver $58.56 15J 4V 8Y View 3 c King Laborers Drill Operator (Hydraulic, $57.84 15J 4V 8Y View Diamond) King Laborers Dry Stack Walls $56.80 15J 4V 8Y View a King Laborers Dump Person $56.80 15J 4V 8Y View N King Laborers Epoxy Technician $56.80 15J 4V 8Y View M King Laborers Erosion Control Worker $56.80 15J 4V 8Y View , c King Laborers Faller Et Bucker Chain Saw $57.84 15J 4V 8Y View aD E King Laborers Fine Graders $56.80 15J 4V 8Y View L King Laborers Firewatch $48.14 15J 4V 8Y View a King Laborers Form Setter $57.84 15J 4V 8Y View King Laborers Gabian Basket Builders $56.80 15J 4V 8Y View Y King Laborers General Laborer $56.80 15J 4V 8Y View King Laborers Grade Checker Et Transit Person $59.85 15J 4V 8Y View King Laborers Grinders $56.80 15J 4V 8Y View m King Laborers Grout Machine Tender $56.80 15J 4V 8Y View cn King Laborers Groutmen (Pressure) Including $57.84 15J 4V 8Y View m Post Tension Beams King Laborers Guardrail Erector $56.80 15J 4V 8Y View c King Laborers Hazardous Waste Worker (Level $58.56 15J 4V 8Y View A) y King Laborers Hazardous Waste Worker (Level $57.84 15J 4V 8Y View o B) King Laborers Hazardous Waste Worker (Level $56.80 15J 4V 8Y View d C) 0 King Laborers High Scaler $58.56 15J 4V 8Y View a� King Laborers Jackhammer $57.84 15J 4V 8Y View E King Laborers Laserbeam Operator $57.84 15J 4V 8Y View King Laborers Maintenance Person $56.80 15J 4V 8Y View a King Laborers Manhole Builder-Mudman $57.84 15J 4V 8Y View about:blank I Packet Pg. 116 5/23/23,8:12AM about:blank King Laborers Material Yard Person $56.80 15J 4V 8Y View King Laborers Mold Abatement Worker $56.80 15J 4V 8Y View King Laborers Motorman-Dinky Locomotive $59.95 15J 4V 8Y View a King Laborers nozzleman (concrete pump, $59.85 15J 4V 8Y View ca0a green cutter when using combination of high pressure air £t water on concrete Et °f rock, sandblast, gunite, shotcrete, water blaster, vacuum blaster) - King Laborers Pavement Breaker $57.84 15J 4V 8Y View King Laborers Pilot Car $48.14 15J 4V 8Y View O L King Laborers Pipe Layer (Lead) $59.85 15J 4V 8Y View '° N King Laborers Pipe Layer/Tailor $57.84 15J 4V 8Y View U) King Laborers Pipe Pot Tender $57.84 15J 4V 8Y View 'o King Laborers Pipe Reliner $57.84 15J 4V 8Y View J E King Laborers Pipe Wrapper $57.84 15J 4V 8Y View a; 0 King Laborers Pot Tender $56.80 15J 4V 8Y View King Laborers Powderman $58.56 15J 4V 8Y View 3 King Laborers Powderman's Helper $56.80 15J 4V 8Y View m King Laborers Power Jacks $57.84 15J 4V 8Y View aEi King Laborers Railroad Spike Puller - Power $57.84 15J 4V 8Y View a, King Laborers Raker -Asphalt $59.85 15J 4V 8Y View00 a N King Laborers Re-timberman $58.56 15J 4V 8Y View LO King Laborers Remote Equipment Operator $57.84 15J 4V 8Y View King Laborers Rigger/Signal Person $57.84 15J 4V 8Y View King Laborers Rip Rap Person $56.80 15J 4V 8Y View m King Laborers Rivet Buster $57.84 15J 4V 8Y View Q King Laborers Rodder $57.84 15J 4V 8Y View King Laborers Scaffold Erector $56.80 15J 4V 8Y View Y King Laborers Scale Person $56.80 15J 4V 8Y View King Laborers Sloper (Over 20") $57.84 15J 4V 8Y View m King Laborers Sloper Sprayer $56.80 15J 4V 8Y View r R King Laborers Spreader (Concrete) $57.84 15J 4V 8Y View King Laborers Stake Hopper $56.80 15J 4V 8Y View Q m King Laborers Stock Piler $56.80 15J 4V 8Y View King Laborers Swinging Stage/Boatswain $48.14 15J 4V 8Y View c Chair ui U King Laborers Tamper Et Similar Electric, Air $57.84 15J 4V 8Y View Et Gas Operated Tools tM 0 King Laborers Tamper (Multiple Ft Self- $57.84 15J 4V 8Y View J propelled) aEi r King Laborers Timber Person - Sewer (Lagger, $57.84 15J 4V 8Y View 0 Shorer $ Cribber) King Laborers Toolroom Person (at Jobsite) $56.80 15J 4V 8Y View E King Laborers Topper $56.80 15J 4V 8Y View ca King Laborers Track Laborer $56.80 15J 4V 8Y View a King Laborers Track Liner (Power) $57.84 15J 4V 8Y View King Laborers Traffic Control Laborer $51.48 15J 4V about:blank I Packet Pg. 117 5/23/23,8:12AM about:blank King Laborers Traffic Control Supervisor $54.55 15J 4V 9C View King Laborers Truck Spotter $56.80 15J 4V 8Y View King Laborers Tugger Operator $57.84 15J 4V 8Y View a King Laborers Tunnel Work-Compressed Air $158.87 15J 4V 9B View caaa Worker 0-30 psi King Laborers Tunnel Work-Compressed Air $163.90 15J 4V 9B View a� Worker 30.01-44.00 psi King Laborers Tunnel Work-Compressed Air $167.58 15J 4V 9B View Worker 44.01-54.00 psi King Laborers Tunnel Work-Compressed Air $173.28 15.1 4V 9B View Y Worker 54.01-60.00 psi r_ O King Laborers Tunnel Work-Compressed Air $175.40 15J 4V 9B View o Worker 60.01-64.00 psi y U King Laborers Tunnel Work-Compressed Air $180.50 15J 4V 9B View Worker 64.01-68.00 psi o King Laborers Tunnel Work-Compressed Air $182.40 15J 4V 9B View J Worker 68.01-70.00 psi King Laborers Tunnel Work-Compressed Air $184.40 15J 4V 9B View ° Worker 70.01-72.00 psi King Laborers Tunnel Work-Compressed Air $186.40 15J 4V 9B View Worker 72.01-74.00 psi King Laborers Tunnel Work-Guage and Lock $59.95 15J 4V 8Y View a� Tender a, King Laborers Tunnel Work-Miner $59.95 15J 4V 8Y View Q N King Laborers Vibrator $57.84 15J 4V 8Y View 00 King Laborers Vinyl Seamer $56.80 15J 4V 8Y View King Laborers Watchman $43.76 15J 4V 8Y View King Laborers Welder $57.84 15J 4V 8Y View m King Laborers Well Point Laborer $57.84 15J 4V 8Y View Q King Laborers Window Washer/Cleaner $43.76 15J 4V 8Y View c King Laborers - Underground Sewer General Laborer Et Topman $56.80 15J 4V 8Y View Y Et Water �c c King Laborers - Underground Sewer Pipe Layer $57.84 15J 4V 8Y View Et Water r King Landscape Construction Landscape $43.76 15J 4V 8Y View Construction/Landscaping Or U) Planting Laborers m King Landscape Construction Landscape Operator $78.80 15J 11 G 8X View King Landscape Maintenance Groundskeeper $17.87 1 View King Lathers Journey Level $71.53 15J 4C View U King Marble Setters Journey Level $66.32 7E 1 N View y tM King Metal Fabrication (In Shop), Fitter/Certified Welder $42.17 151 11 E View 0 J King Metal Fabrication (In Shop). General Laborer $30.07 151 11 E View E King Metal Fabrication (In Shop). Mechanic $43.63 151 11 E View King Metal Fabrication (In Shop), Welder/Burner $39.28 151 11 E View King Millwright Journey Level $73.08 15J 4C View E King Modular Buildings Cabinet Assembly $15.74 1 View u King Modular Buildings Electrician $15.74 1 View a King Modular Buildings Equipment Maintenance $15.74 1 View King Modular Buildings Plumber $15.74 1 about:blank I Packet Pg. 118 5/23/23,8:12AM about:blank King Modular Buildings Production Worker $15.74 1 View King Modular Buildings Tool Maintenance $15.74 1 View King Modular Buildings Utility Person $15.74 1 View a King Modular Buildings Welder $15.74 1 View King Painters Journey Level $49.46 6Z 11J View King Pile Driver Crew Tender $77.16 15J 4C View King Pile Driver Journey Level $71.98 15J 4C View M King Plasterers Journey Level $67.49 7Q 1 R View King Plasterers Nozzleman $71.49 7Q 1 R View U King Playground Et Park Equipment Journey Level $15.74 1 View c Installers 0 King Plumbers Et Pipefitters Journey Level $96.69 6Z 1 G View y King Power Equipment Operators Asphalt Plant Operators $80.12 15J 11G 8X View King Power Equipment Operators Assistant Engineer $75.35 15J 11G 8X View o King Power Equipment Operators Barrier Machine (zipper) $79.41 15J 11G 8X View JE King Power Equipment Operators Batch Plant Operator: concrete $79.41 15J 11G 8X View 0 King Power Equipment Operators Boat Operator $80.33 7A 11 H 8X View King Power Equipment Operators Bobcat $75.35 15J 11G 8X View 3 r King Power Equipment Operators Brokk - Remote Demolition $75.35 15J 11G 8X View Equipment aEi King Power E ui ment 0 erators Brooms 75.35 15J 11 G 8X View q-P P � King Power Equipment Operators Bump Cutter $79.41 15J 11G 8X View Q King Power Equipment Operators Cableways $80.12 15J 11G 8X View 00 King Power Equipment Operators Chipper $79.41 15J 11G 8X View King Power Equipment Operators Compressor $75.35 15J 11G 8X View King Power Equipment Operators Concrete Finish Machine - $75.35 15J 11G 8X View CD E Laser Screed L a� King Power Equipment Operators Concrete Pump - Mounted Or $78.80 15J 11G 8X View Q Trailer High Pressure Line Pump, Pump High Pressure 1 King Power Equipment Operators Concrete Pump: Truck Mount $80.12 15J 11G 8X View ae With Boom Attachment Over 42 M .r r King Power Equipment Operators Concrete Pump: Truck Mount $79.41 15J 11G 8X View ia) With Boom Attachment Up To Q 42m m 0 King Power Equipment Operators Conveyors $78.80 15J 11G 8X View ci King Power Equipment Operators Cranes Friction: 200 tons and $82.76 7A 11 H 8X View over ui King Power Equipment Operators Cranes, A-frame: 10 tons and $75.55 7A 11 H 8X View u) under 0 King Power Equipment Operators Cranes: 100 tons through 199 $81.12 7A 11 H 8X View JE tons, or 150' of boom (including jib with 0 attachments) King Power Equipment Operators Cranes: 20 tons through 44 $79.62 7A 11 H 8X View °' E tons with attachments King Power Equipment Operators Cranes: 200 tons- 299 tons, or $81.97 7A 11 H 8X View a 250' of boom including jib with attachments about:blank Packet Pg. 119 5/23/23,8:12AM about:blank King Power Equipment Operators Cranes: 300 tons and over or $82.76 7A 11H 8X View 300' of boom including jib with attachments King Power Equipment Operators Cranes: 45 tons through 99 $80.33 7A 11H 8X View tons, under 150' of m boom(including jib with attachments) King Power Equipment Operators Cranes: Friction cranes through $81.97 7A 11H 8X View 199 tons M 0 King Power Equipment Operators Cranes: through 19 tons with $79.00 7A 11H 8X View attachments, a-frame over 10 L? tons 1� O King Power Equipment Operators Crusher $79.41 15J 11G 8X View L° King Power Equipment Operators Deck Engineer/Deck Winches $79.41 15J 11G 8X View U) (power) N King Power Equipment Operators Derricks, On Building Work $80.12 15J 11G 8X View o J King Power Equipment Operators Dozers D-9 Et Under $78.80 15J 11G 8X View E am King Power Equipment Operators Drill Oilers: Auger Type, Truck $78.80 15J 11G 8X View c Or Crane Mount z King Power Equipment Operators Drilling Machine $80.92 15J 11G 8X View 3 r King Power Equipment Operators Elevator and man-lift: $75.35 15J 11G 8X View permanent and shaft type E King Power Equipment Operators Finishing Machine, Bidwell And $79.41 15J 11G 8X View Gamaco Et Similar Equipment Q King Power Equipment Operators Forklift: 3000 lbs and over with $78.80 15J 11G 8X View c4 attachments LO M King Power Equipment Operators Forklifts: under 3000 lbs. with $75.35 15J 11G 8X View attachments King Power Equipment Operators Grade Engineer: Using Blue $79.41 15J 11G 8X View m Prints, Cut Sheets, Etc King Power Equipment Operators Gradechecker/Stakeman $75.35 15J 11G 8X View Q a� King Power Equipment Operators Guardrail Punch $79.41 15J 11G 8X View Y King Power Equipment Operators Hard Tail End Dump $80.12 15J 11G 8X View Articulating Off- Road Equipment 45 Yards. Et Over .r King Power Equipment Operators Hard Tail End Dump $79.41 15J 11G 8X View Articulating Off-road cn Equipment Under 45 Yards m King Power Equipment Operators Horizontal/Directional Drill $78.80 15J 11G 8X View o Locator d c King Power Equipment Operators Horizontal/Directional Drill $79.41 15J 11G 8X View ui Operator 2 W King Power Equipment Operators Hydralifts/Boom Trucks Over $79.00 7A 11H 8X View •U 10 Tons ° J King Power Equipment Operators Hydralifts/boom trucks: 10 $75.55 7A 11H 8X View d tons and under c t— King Power Equipment Operators Leverman $81.75 15J 11G 8X View c King Power Equipment Operators Loader, Overhead, 6 Yards. But $80.12 15J 11G 8X View Not Including 8 Yards King Power Equipment Operators Loaders, Overhead Under 6 $79.41 15J 11G 8X View Yards a King Power Equipment Operators Loaders, Plant Feed $79.41 15J 11G 8X View about:blank I Packet Pg. 120 5/23/23,8:12AM about:blank King Power Equipment Operators Loaders: Elevating Type Belt $78.80 15J 11G 8X View King Power Equipment Operators Locomotives, All $79.41 15J 11G 8X View King Power Equipment Operators Material Transfer Device $79.41 15J 11G 8X View a King Power Equipment Operators Mechanics: All (Leadmen - $80.92 15J 11G 8X View $0.50 per hour over mechanic) King Power Equipment Operators Motor Patrol Graders $80.12 15J 11G 8X View King Power Equipment Operators Mucking Machine, Mole, Tunnel $80.12 15J 11G 8X View Drill, Boring, Road Header And/or Shield O King Power Equipment Operators Oil Distributors, Blower $75.35 15J 11G 8X View c� Distribution 8t Mulch Seeding O Operator o King Power Equipment Operators Outside Hoists (Elevators and $78.80 15J 11G 8X View y Manlifts), Air Tuggers, Strato U) King Power Equipment Operators Overhead, bridge type Crane: $79.62 7A 11 H 8X View o 20 tons through 44 tons King Power Equipment Operators Overhead, bridge type: 100 $81.12 7A 11 H 8X View E tons and over o King Power Equipment Operators Overhead, bridge type: 45 tons $80.33 7A 11 H 8X View through 99 tons 3 r King Power Equipment Operators Pavement Breaker $75.35 15J 11G 8X View E King Power Equipment Operators Pile Driver (other Than Crane $79.41 15J 11G 8X View a� Mount) a, King Power Equipment Operators Plant Oiler -Asphalt, Crusher $78.80 15J 11G 8X View Q N King Power Equipment Operators Posthole Digger, Mechanical $75.35 15J 11G 8X View 00 King Power Equipment Operators Power Plant $75.35 15J 11G 8X View King Power Equipment Operators Pumps - Water $75.35 15J 11G 8X View King Power Equipment Operators Quad 9, Hd 41, D10 And Over $80.12 15J 11G 8X View m King Power Equipment Operators Quick Tower: no cab, under $79.41 15J 11G 8X View Q 100 feet in height base to boom c King Power Equipment Operators Remote Control Operator On $80.12 15J 11G 8X View Y Rubber Tired Earth Moving Equipment m King Power Equipment Operators Rigger and Bellman $75.55 7A 11 H 8X View R King Power Equipment Operators Rigger/Signal Person, $79.00 7A 11 H 8X View i0) Bellman(Certified) m King Power Equipment Operators Rollagon $80.12 15J 11G 8X View o King Power Equipment Operators Roller, Other Than Plant Mix $75.35 15J 11G 8X View King Power Equipment Operators Roller, Plant Mix Or Multi-lift $78.80 15J 11G 8X View ,n Materials ..2 King Power Equipment Operators Roto-mill, Roto-grinder $79.41 15J 11G 8X View t King Power Equipment Operators Saws - Concrete $78.80 15J 11G 8X View J E King Power Equipment Operators Scraper, Self Propelled Under $79.41 15J 11G 8X View 45 Yards 0 King Power Equipment Operators Scrapers - Concrete Et Carry All $78.80 15J 11G 8X View c a� King Power Equipment Operators Scrapers, Self-propelled: 45 $80.12 15J 11G 8X View E Yards And Over King Power Equipment Operators Service Engineers: Equipment $78.80 15J 11G 8X View a King Power Equipment Operators Shotcrete/Gunite Equipment $75.35 15J 11G 8X View about:blank Packet Pg. 121 5/23/23,8:12AM about:blank King Power Equipment Operators Shovel, Excavator, Backhoe, $78.80 15J 11G 8X View Tractors Under 15 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoe: $80.12 15J 11G 8X View Over 30 Metric Tons To 50 Metric Tons c�a m King Power Equipment Operators Shovel, Excavator, Backhoes, $79.41 15J 11G 8X View Tractors: 15 To 30 Metric Tons a� King Power Equipment Operators Shovel, Excavator, Backhoes: $80.92 15J 11G 8X View 10- Over 50 Metric Tons To 90 f° t9 Metric Tons — King Power Equipment Operators Shovel, Excavator, Backhoes: $81.75 15J 11G 8X View Over 90 Metric Tons O L King Power Equipment Operators Slipform Pavers $80.12 15J 11G 8X View .q King Power Equipment Operators Spreader, Topsider Et $80.12 15J 11G 8X View U Screedman N 0 King Power Equipment Operators Subgrader Trimmer $79.41 15J 11G 8X View 0 King Power Equipment Operators Tower Bucket Elevators $78.80 15J 11G 8X View E King Power Equipment Operators Tower Crane: over 175' through $81.97 7A 11 H 8X View o 250' in height, base to boom King Power Equipment Operators Tower crane: up to 175' in $81.12 7A 11 H 8X View 3 r height base to boom King Power Equipment Operators Tower Cranes: over 250' in $82.76 7A 11 H 8X View aEi height from base to boom King Power Equipment Operators Transporters, All Track Or Truck $80.12 15J 11G 8X View Q Type N King Power Equipment Operators Trenching Machines $78.80 15J 11G 8X View Lmn King Power Equipment Operators Truck Crane Oiler/Driver: 100 $79.62 7A 11H 8X View tons and over E King Power Equipment Operators Truck crane oiler/driver: under $79.00 7A 11 H 8X View L 100 tons Q King Power Equipment Operators Truck Mount Portable Conveyor $79.41 15J 11G 8X View c King Power Equipment Operators Vac Truck (Vactor Guzzler, $79.41 15J 11G 8X View Y Hydro Excavator) King Power Equipment Operators Welder $80.12 15J 11G 8X View King Power Equipment Operators Wheel Tractors, Farman Type $75.35 15J 11G 8X View r King Power Equipment Operators Yo Yo Pay Dozer $79.41 15J 11G 8X View Cn King Power Equipment Operators- Asphalt Plant Operators $80.12 15J 11G 8X View m Underground Sewer Et Water o King Power Equipment Operators- Assistant Engineer $75.35 15J 11G 8X View d Underground Sewer Et Water c ui King Power Equipment Operators- Barrier Machine (zipper) $79.41 15J 11G 8X View U Underground Sewer Et Water y tM King Power Equipment Operators- Batch Plant Operator, Concrete $79.41 15J 11G 8X View 0 Underground Sewer Et Water E King Power Equipment Operators- Boat Operator $80.33 7A 11 H 8X View dc Underground Sewer Et Water :.o King Power Equipment Operators- Bobcat $75.35 15J 11G 8X View Underground Sewer Et Water E King Power Equipment Operators- Brokk - Remote Demolition $75.35 15J 11G 8X View Underground Sewer Et Water Equipment a King Power Equipment Operators- Brooms $75.35 15J 11G 8X View Underground Sewer Et Water about:blank Packet Pg. 122 5/23/23,8:12AM about:blank King Power Equipment Operators- Bump Cutter $79.41 15J 11G 8X View Underground Sewer Et Water King Power Equipment Operators- Cableways $80.12 15J 11G 8X View Underground Sewer Et Water c King Power Equipment Operators- Chipper $79.41 15J 11G 8X View M Underground Sewer Et Water m King Power Equipment Operators Compressor $75.35 15J 11G 8X View Underground Sewer Et Water M King Power Equipment Operators- Concrete Finish Machine - $75.35 15J 11G 8X View Underground Sewer Et Water Laser Screed v King Power Equipment Operators- Concrete Pump - Mounted Or $78.80 15J 11G 8X View c Underground Sewer Et Water Trailer High Pressure Line O L Pump, Pump High Pressure ,q King Power Equipment Operators- Concrete Pump: Truck Mount $80.12 15J 11G 8X View U Underground Sewer Et Water With Boom Attachment Over 42 0 M a' 0 J King Power Equipment Operators- Concrete Pump: Truck Mount $79.41 15J 11G 8X View E Underground Sewer Et Water With Boom Attachment Up To c 42m z King Power Equipment Operators- Conveyors $78.80 15J 11G 8X View 3 Underground Sewer Et Water King Power Equipment Operators- Cranes Friction: 200 tons and $82.76 7A 11 H 8X View Underground Sewer Et Water over L King Power Equipment Operators- Cranes, A-frame: 10 tons and $75.55 7A 11 H 8X View Underground Sewer Et Water under Q N King Power Equipment Operators- Cranes: 100 tons through 199 $81.12 7A 11 H 8X ViewLO Underground Sewer Et Water tons, or 150' of boom (including jib with attachments) E King Power Equipment Operators- Cranes: 20 tons through 44 $79.62 7A 11 H 8X View m Underground Sewer Et Water tons with attachments a King Power Equipment Operators- Cranes: 20 tons through 44 $79.62 7A 11 H 8X View Underground Sewer Et Water tons with attachments Y King Power Equipment Operators- Cranes: 200 tons- 299 tons, or $81.97 7A 11 H 8X View Y c Underground Sewer Et Water 250' of boom including jib with attachments m .r King Power Equipment Operators- Cranes: 300 tons and over or $82.76 7A 11 H 8X View m Underground Sewer Et Water 300' of boom including jib with cn attachments Q m King Power Equipment Operators- Cranes: 45 tons through 99 $80.33 7A 11 H 8X View Underground Sewer Et Water tons, under 150' of boom(including jib with — attachments) U 4' King Power Equipment Operators- Cranes: Friction cranes through $81.97 7A 11 H 8X View Underground Sewer Et Water 199 tons J King Power Equipment Operators- Cranes: through 19 tons with $79.00 7A 11 H 8X View E Underground Sewer Et Water attachments, a-frame over 10 0 tons King Power Equipment Operators- Crusher $79.41 15J 11G 8X View a� Underground Sewer Et Water E King Power Equipment Operators- Deck Engineer/Deck Winches $79.41 15J 11G 8X View um Underground Sewer Et Water (power) a King Power Equipment Operators- Derricks, On Building Work $80.12 15J 11G 8X View Underground Sewer Et Water about:blank Packet Pg. 123 5/23/23,8:12AM about:blank King Power Equipment Operators- Dozers D-9 Et Under $78.80 15J 11G 8X View Underground Sewer Et Water King Power Equipment Operators- Drill Oilers: Auger Type, Truck $78.80 15J 11G 8X View Underground Sewer Et Water Or Crane Mount c King Power Equipment Operators- Drilling Machine $80.92 15J 11G 8X View M Underground Sewer Et Water m King Power Equipment Operators Elevator and man lift: $75.35 15J 11G 8X View Underground Sewer Et Water permanent and shaft type M King Power Equipment Operators- Finishing Machine, Bidwell And $79.41 15J 11G 8X View Underground Sewer Et Water Gamaco Et Similar Equipment v King Power Equipment Operators- Forklift: 3000 lbs and over with $78.80 15J 11G 8X View c Underground Sewer Et Water attachments O L King Power Equipment Operators- Forklifts: under 3000 lbs. with $75.35 15J 11G 8X View 42 Underground Sewer Et Water attachments 2 King Power Equipment Operators- Grade Engineer: Using Blue $79.41 15J 11G 8X View Underground Sewer Et Water Prints, Cut Sheets, Etc 0 King Power Equipment Operators- Gradechecker/Stakeman $75.35 15J 11G 8X View m Underground Sewer Et Water c King Power Equipment Operators- Guardrail Punch $79.41 15J 11G 8X View Underground Sewer Et Water 3 r King Power Equipment Operators- Hard Tail End Dump $80.12 15J 11G 8X View Underground Sewer Et Water Articulating Off- Road E Equipment 45 Yards. Et Over King Power Equipment Operators Hard Tail End Dump $79.41 15J 11G 8X View Q Underground Sewer Et Water Articulating Off-road N Equipment Under 45 Yards LO 00 M King Power Equipment Operators- Horizontal/Directional Drill $78.80 15J 11G 8X View Underground Sewer Et Water Locator = a� King Power Equipment Operators- Horizontal/Directional Drill $79.41 15J 11G 8X View m Underground Sewer Et Water Operator a� King Power Equipment Operators- Hydralifts/boom trucks: 10 $75.55 7A 11H 8X View Q Underground Sewer Et Water tons and under c King Power Equipment Operators- Hydralifts/boom trucks: over $79.00 7A 11H 8X View Y Underground Sewer Et Water 10 tons c King Power Equipment Operators- Leverman $81.75 15J 11G 8X View Underground Sewer Et Water r R King Power Equipment Operators- Loader, Overhead, 6 Yards. But $80.12 15J 11G 8X View Underground Sewer Et Water Not Including 8 Yards Q King Power Equipment Operators- Loaders, Overhead Under 6 $79.41 15J 11G 8X View p Underground Sewer Et Water Yards d King Power Equipment Operators- Loaders, Plant Feed $79.41 15J 11G 8X View Underground Sewer Et Water King Power Equipment Operators- Loaders: Elevating Type Belt $78.80 15J 11G 8X View 0 Underground Sewer Et Water J King Power Equipment Operators- Locomotives, All $79.41 15J 11G 8X View E Underground Sewer Et Water c King Power Equipment Operators- Material Transfer Device $79.41 15J 11G 8X View ~ Underground Sewer Et Water King Power Equipment Operators- Mechanics: All (Leadmen - $80.92 15J 11G 8X View E Underground Sewer Et Water $0.50 per hour over mechanic) King Power Equipment Operators Motor Patrol Graders $80.12 15J 11G 8X View a Underground Sewer Et Water about:blank Packet Pg. 124 5/23/23,8:12AM about:blank King Power Equipment Operators- Mucking Machine, Mole, Tunnel $80.12 15J 11G 8X View Underground Sewer Et Water Drill, Boring, Road Header And/or Shield King Power Equipment Operators- Oil Distributors, Blower $75.35 15J 11G 8X View Underground Sewer Et Water Distribution Et Mulch Seeding m Operator King Power Equipment Operators- Outside Hoists (Elevators and $78.80 15J 11G 8X View 0 Underground Sewer Et Water Manlifts), Air Tuggers, Strato King Power Equipment Operators- Overhead, bridge type Crane: $79.62 7A 11 H 8X View M Underground Sewer Et Water 20 tons through 44 tons King Power Equipment Operators- Overhead, bridge type: 100 $81.12 7A 11 H 8X View Underground Sewer Et Water tons and over O L King Power Equipment Operators- Overhead, bridge type: 45 tons $80.33 7A 11 H 8X View ,2 Underground Sewer Et Water through 99 tons U) King Power Equipment Operators- Pavement Breaker $75.35 15J 11G 8X View 0 Underground Sewer Et Water 0 J King Power Equipment Operators- Pile Driver (other Than Crane $79.41 15J 11G 8X View E Underground Sewer Et Water Mount) 0 King Power Equipment Operators- Plant Oiler -Asphalt, Crusher $78.80 15J 11G 8X View z Underground Sewer Et Water 3 King Power Equipment Operators- Posthole Digger, Mechanical $75.35 15J 11G 8X View Underground Sewer Et Water E King Power Equipment Operators- Power Plant $75.35 15J 11G 8X View Underground Sewer Et Water °f Q King Power Equipment Operators- Pumps - Water $75.35 15J 11G 8X View N Underground Sewer Et Water LO 00 King Power Equipment Operators- Quad 9, Hd 41, D10 And Over $80.12 15J 11G 8X View Underground Sewer Et Water = a� King Power Equipment Operators- Quick Tower: no cab, under $79.41 15J 11G 8X View m Underground Sewer Et Water 100 feet in height base to boom a King Power Equipment Operators- Remote Control Operator On $80.12 15J 11G 8X View c Underground Sewer Et Water Rubber Tired Earth Moving Y Equipment Y c King Power Equipment Operators- Rigger and Bellman $75.55 7A 11 H 8X View Underground Sewer Et Water .r r King Power Equipment Operators- Rigger/Signal Person, $79.00 7A 11 H 8X View co Underground Sewer Et Water Bellman(Certified) Q King Power Equipment Operators- Rollagon $80.12 15J 11G 8X View m 0 Underground Sewer Et Water ci King Power Equipment Operators- Roller, Other Than Plant Mix $75.35 15J 11G 8X View 5 Underground Sewer Et Water King Power Equipment Operators- Roller, Plant Mix Or Multi-lift $78.80 15J 11G 8X View v, Underground Sewer Et Water Materials 0 King Power Equipment Operators- Roto-mill, Roto-grinder $79.41 15J 11G 8X View JE Underground Sewer Et Water King Power Equipment Operators- Saws - Concrete $78.80 15J 11G 8X View t0 Underground Sewer Et Water King Power Equipment Operators- Scraper, Self Propelled Under $79.41 15J 11G 8X View E Underground Sewer Et Water 45 Yards M King Power Equipment Operators- Scrapers - Concrete Et Carry All $78.80 15J 11G 8X View a Underground Sewer Et Water about:blank Packet Pg. 125 5/23/23,8:12AM about:blank King Power Equipment Operators- Scrapers, Self-propelled: 45 $80.12 15J 11G 8X View Underground Sewer Et Water Yards And Over King Power Equipment Operators- Shotcrete/Gunite Equipment $75.35 15J 11G 8X View Underground Sewer Et Water c King Power Equipment Operators- Shovel, Excavator, Backhoe, $78.80 15J 11G 8X View M Underground Sewer Et Water Tractors Under 15 Metric Tons m King Power Equipment Operators- Shovel, Excavator, Backhoe: $80.12 15J 11G 8X View Underground Sewer Et Water Over 30 Metric Tons To 50 Metric Tons M t9 King Power Equipment Operators- Shovel, Excavator, Backhoes, $79.41 15J 11G 8X View Underground Sewer Et Water Tractors: 15 To 30 Metric Tons ) King Power Equipment Operators- Shovel, Excavator, Backhoes: $80.92 15J 11G 8X View O Underground Sewer Et Water Over 50 Metric Tons To 90 ,q Metric Tons w U King Power Equipment Operators- Shovel, Excavator, Backhoes: $81.75 15J 11G 8X View N Underground Sewer Et Water Over 90 Metric Tons o J King Power Equipment Operators- Slipform Pavers $80.12 15J 11G 8X View E Underground Sewer Et Water c King Power Equipment Operators- Spreader, Topsider Et $80.12 15J 11G 8X View z Underground Sewer Et Water Screedman 3 King Power Equipment Operators- Subgrader Trimmer $79.41 15J 11G 8X View Underground Sewer Et Water E King Power Equipment Operators- Tower Bucket Elevators $78.80 15J 11G 8X View Underground Sewer Et Water °f Q King Power Equipment Operators- Tower Crane: over 175' through $81.97 7A 11H 8X View N Underground Sewer Et Water 250' in height, base to boom LO 00 M King Power Equipment Operators- Tower crane: up to 175' in $81.12 7A 11H 8X View Underground Sewer Et Water height base to boom = a� King Power Equipment Operators- Tower Cranes: over 250' in $82.76 7A 11H 8X View m Underground Sewer Et Water height from base to boom a� King Power Equipment Operators- Transporters, All Track Or Truck $80.12 15J 11G 8X View Q Underground Sewer Et Water Type c King Power Equipment Operators- Trenching Machines $78.80 15J 11G 8X View Y Underground Sewer Et Water c King Power Equipment Operators- Truck Crane Oiler/Driver: 100 $79.62 7A 11H 8X View Underground Sewer Et Water tons and over r R King Power Equipment Operators- Truck Crane Oiler/Driver: 100 $79.62 7A 11H 8X View Underground Sewer Et Water tons and over Q King Power Equipment Operators- Truck crane oiler/driver: under $79.00 7A 11H 8X View p Underground Sewer Et Water 100 tons d King Power Equipment Operators- Truck Mount Portable Conveyor $79.41 15J 11G 8X View c Underground Sewer Et Water U) :r King Power Equipment Operators- Vac Truck (Vactor Guzzler, $79.41 15J 11G 8X View 2 Underground Sewer Et Water Hydro Excavator) J King Power Equipment Operators- Welder $80.12 15J 11G 8X View E Underground Sewer Et Water c King Power Equipment Operators- Wheel Tractors, Farman Type $75.35 15J 11G 8X View ~ Underground Sewer Et Water King Power Equipment Operators- Yo Yo Pay Dozer $79.41 15J 11G 8X View E Underground Sewer Et Water King Power Line Clearance Tree Journey Level In Charge $57.22 5A 4A View a Trimmers about:blank Packet Pg. 126 5/23/23,8:12AM about:blank King Power Line Clearance Tree Spray Person $54.32 5A 4A View Trimmers King Power Line Clearance Tree Tree Equipment Operator $57.22 5A 4A View Trimmers c King Power Line Clearance Tree Tree Trimmer $51.18 5A 4A View M Trimmers m King Power Line Clearance Tree Tree Trimmer Groundperson $38.99 5A 4A View Trimmers M King Refrigeration Et Air Conditioning Journey Level $92.51 6Z 1G View Mechanics U King Residential Brick Mason Journey Level $66.32 7E 1 N View c King Residential Carpenters Journey Level $36.44 1 View o King Residential Cement Masons Journey Level $46.64 1 View y U King Residential Drywall Applicators Journey Level $71.53 15J 4C View King Residential Drywall Tapers Journey Level $36.36 1 View o King Residential Electricians Journey Level $48.80 1 -1View E King Residential Glaziers Journey Level $28.93 1 View c 0) 0 King Residential Insulation Journey Level $28.18 1 View Applicators 3 King Residential Laborers Journey Level $29.73 1 View m King Residential Marble Setters Journey Level $27.38 1 View aEi King Residential Painters Journey Level $23.47 1 View a, King Residential Plumbers Et Journey Level $96.69 6Z 1 G View a Pipefitters N LO King Residential Refrigeration Et Air Journey Level $92.51 6Z 1 G View Conditioning Mechanics King Residential Sheet Metal Journey Level $94.11 7F 1 E View a� Workers °' m L King Residential Soft Floor Layers Journey Level $55.76 5A 3J View Q King Residential Sprinkler Fitters Journey Level $58.26 5C 211 View .(Fire Protection), Y King Residential Stone Masons Journey Level $66.32 7E 1 N View King Residential Terrazzo Workers Journey Level $60.36 7E 1 N View m King Residential Terrazzo/Tile Journey Level $24.39 1 View Finishers m U) King Residential Tile Setters Journey Level $21.04 1 View m King Roofers Journey Level $60.95 5A 3H View o King Roofers Using Irritable Bituminous $63.95 5A 3H View Materials ui King Sheet Metal Workers Journey Level (Field or Shop) $94.11 7F 1 E View 2 W King Shipbuilding Et Ship Repair New Construction Boilermaker $41.83 7V 1 View o King Shipbuilding Et Ship Repair New Construction Carpenter $41.83 7V 1 View J E King Shipbuilding Et Ship Repair New Construction Crane $41.83 7V 1 View Operator 0 King Shipbuilding Et Ship Repair New Construction Electrician $41.83 7V 1 View a� King Shipbuilding Et Ship Repair New Construction Heat Et Frost $84.84 15H 11C View E Insulator ca King Shipbuilding Et Ship Repair New Construction Laborer $41.83 7V 1 View a King Shipbuilding Et Ship Repair New Construction Machinist $41.83 7V 1 View about:blank I Packet Pg. 127 5/23/23,8:12AM about:blank King Shipbuilding Et Ship Repair New Construction Operating $41.83 7V 1 View Engineer King Shipbuilding Et Ship Repair New Construction Painter $41.83 7V 1 View a King Shipbuilding Et Ship Repair New Construction Pipefitter $41.83 7V 1 View ca King Shipbuilding Et Ship Repair New Construction Rigger $41.83 7V 1 View King Shipbuilding Et Ship Repair New Construction Sheet Metal $41.83 7V 1 View King Shipbuilding Et Ship Repair New Construction Shipfitter $41.83 7V 1 View King Shipbuilding Et Ship Repair New Construction $41.83 7V 1 View Warehouse/Teamster King Shipbuilding Et Ship Repair New Construction Welder / $41.83 7V 1 View Burner 0 L King Shipbuilding Et Ship Repair Ship Repair Boilermaker $50.35 7X 4J View ,o King Shipbuilding Et Ship Repair Ship Repair Carpenter $50.95 7X 4J View U King Shipbuilding Et Ship Repair Ship Repair Crane Operator $45.06 7Y 4K View T 0 King Shipbuilding Et Ship Repair Ship Repair Electrician $50.42 7X 4J View King Shipbuilding Et Ship Repair Ship Repair Heat Et Frost $84.84 15H 11C View E Insulator o King Shipbuilding Et Ship Repair Ship Repair Laborer $50.95 7X 4J View King Shipbuilding Et Ship Repair Ship Repair Machinist $50.95 7X 4J View 3 c King Shipbuilding Et Ship Repair Ship Repair Operating Engineer $45.06 7Y 4K View m E King Shipbuilding Et Ship Repair Ship Repair Painter $50.95 7X 4J View King Shipbuilding Et Ship Repair Ship Repair Pipefitter $50.95 7X 4J View Q King Shipbuilding Et Ship Repair Ship Repair Rigger $50.35 7X 4J View c4 00 King Shipbuilding Et Ship Repair Ship Repair Sheet Metal $50.35 7X 4J View M King Shipbuilding Et Ship Repair Ship Repair Shipwright $50.95 7X 4J View King Shipbuilding Et Ship Repair Ship Repair Warehouse / $45.06 7Y 4K View Teamster m L King Sign Makers Et Installers Journey Level $55.78 0 1 View a ,(Electrical), a� King Sign Makers Et Installers (Non- Journey Level $35.73 0 1 View Y Electrical), �c c King Soft Floor Layers Journey Level $62.39 15J 4C View King Solar Controls For Windows Journey Level $15.74 1 View r King Sprinkler Fitters (Fire Journey Level $92.49 5C 1X View i0) Protection), Q King Stage Rigging Mechanics (Non Journey Level $15.74 1 View 00 0 Structural), ci King Stone Masons Journey Level $66.32 7E 1 N View King Street And Parking Lot Sweeper Journey Level $19.09 1 View Workers King Surveyors Assistant Construction Site $79.00 7A 11 H 8X View J Surveyor E King Surveyors Chainman $75.55 7A 11 H 8X View d 0 King Surveyors Construction Site Surveyor $80.33 7A 11 H 8X View ~ King Surveyors Drone Operator (when used in $75.55 7A 11 H 8X View E conjunction with survey work only) King Surveyors Ground Penetrating Radar $75.55 7A 11 H 8X View Q Operator King Telecommunication Technicians Journey Level $62.13 7E 1 E vipw about:blank I Packet Pg. 128 5/23/23,8:12AM about:blank King Telephone Line Construction - Cable Splicer $39.15 5A 2B View Outside King Telephone Line Construction - Hole Digger/Ground Person $26.29 5A 2B View Outside c King Telephone Line Construction - Telephone Equipment Operator $32.72 5A 2B View M Outside (Light) m King Telephone Line Construction - Telephone Lineperson $37.00 5A 2B View Outside M King Terrazzo Workers Journey Level $60.36 7E 1 N View O King Tile Setters Journey Level $60.36 7E 1 N View U King Tile, Marble Et Terrazzo Finisher $51.19 7E 1 N View 1� O Finishers 0 King Traffic Control Stripers Journey Level $51.90 7A 1 K View y U King Truck Drivers Asphalt Mix Over 16 Yards $72.45 15J 11M 8L View King Truck Drivers Asphalt Mix To 16 Yards $71.61 15J 11M 8L View o King Truck Drivers Dump Truck $71.61 15J 11M 8L J View E King Truck Drivers Dump Truck Et Trailer $72.45 15J 11M 8L View c a) 0 King Truck Drivers Other Trucks $72.45 15J 11M 8L View King Truck Drivers - Ready Mix Transit Mix $72.45 15J 11M 8L View 3 r King Well Drillers Et Irrigation Pump Irrigation Pump Installer $17.71 1 View Installers W W King Well Drillers Et Irrigation Pump Oiler $15.74 1 View a, Installers Q King Well Drillers Et Irrigation Pump Well Driller $18.00 1 View00 Installers M c W E m m L a Y c m .r r R m Q 00 0 ci c ui v :r O J E N r O t— C N E t v cC Q about:blank Packet Pg. 129 4.A.F.1.1 Benefit Code Key— Effective 3/3/2023 thru 8/30/2023 a Overtime Codes m Overtime calculations are based on the hourly rate actually paid to the worker.On public works projects,the hourly rate must be not less than the prevailing rate of wage minus the hourly rate of the cost of fringe benefits actually provided for t the worker. M 0 1. ALL HOURS WORKED IN EXCESS OF EIGHT(8)HOURS PER DAY OR FORTY(40)HOURS PER WEEK SHALL BE = PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. Q c B. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on o Sundays and holidays shall be paid at double the hourly rate of wage. C. The first two(2)hours after eight(8)regular hours Monday through Friday and the first ten(10)hours on Saturday 2 shall be paid at one and one-half times the hourly rate of wage. All other overtime hours and all hours worked on p Sundays and holidays shall be paid at double the hourly rate of wage. J E am D. The first two(2)hours before or after a five-eight(8)hour workweek day or a four-ten(10)hour workweek day and $ the first eight(8)hours worked the next day after either workweek shall be paid at one and one-half times the hourly rate of wage.All additional hours worked and all worked on Sundays and holidays shall be paid at double the hourly ; rate of wage. m E E. The first two(2)hours after eight(8)regular hours Monday through Friday and the first eight(8)hours on Saturday d shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, Q and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. N 00 F. The first two(2)hours after eight(8)regular hours Monday through Friday and the first ten(10)hours on Saturday M shall be paid at one and one-half times the hourly rate of wage.All other overtime hours worked,except Labor Day, shall be paid at double the hourly rate of wage.All hours worked on Labor Day shall be paid at three times the hourly as rate of wage. E d d G. The first ten(10)hours worked on Saturdays and the first ten(10)hours worked on a fifth calendar weekday in a four- Q ten hour schedule, shall be paid at one and one-half times the hourly rate of wage.All hours worked in excess of ten :. (10)hours per day Monday through Saturday and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. X H. All hours worked on Saturdays(except makeup days if work is lost due to inclement weather conditions or equipment breakdown) shall be paid at one and one-half times the hourly rate of wage. All hours worked Monday through Saturday over twelve(12)hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate M of wage. y a I. All hours worked on Sundays and holidays shall also be paid at double the hourly rate of wage. p J. The first two(2)hours after eight(8)regular hours Monday through Friday and the first ten(10)hours on Saturday shall be paid atone and one-half times the hourly rate of wage. All hours worked over ten(10)hours Monday through vi Saturday,Sundays and holidays shall be paid at double the hourly rate of wage. N K. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage.All hours J worked on holidays shall be paid at double the hourly rate of wage. E d M. All hours worked on Saturdays(except makeup days if work is lost due to inclement weather conditions)shall be paid H at one and one-half times the hourly rate of wage.All hours worked on Sundays and holidays shall be paid at double 4.; the hourly rate of wage. m E s N. All hours worked on Saturdays(except makeup days)shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. Q 1of15 Packet Pg. 130 4.A.F.1.1 Benefit Code Key— Effective 3/3/2023 thru 8/30/2023 a Overtime Codes Continued m 1. O. The first ten(10)hours worked on Saturday shall be paid at one and one-half times the hourly rate of wage.All hours m worked on Sundays,holidays and after twelve(12)hours,Monday through Friday and after ten(10)hours on Saturday shall be paid at double the hourly rate of wage. M 0 P. All hours worked on Saturdays(except makeup days if circumstances warrant)and Sundays shall be paid at one and = one-half times the hourly rate of wage.All hours worked on holidays shall be paid at double the hourly rate of wage. 0 c Q. The first two (2) hours after eight (8) regular hours Monday through Friday and up to ten (10) hours worked on 0 Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten (10) hours per day Monday through Saturday and all hours worked on Sundays and holidays(except Christmas day)shall be paid at double the hourly rate of wage.All hours worked on Christmas day shall be paid at two and one-half times w the hourly rate of wage. 0 O J R. All hours worked on Sundays and holidays shall be paid at two times the hourly rate of wage. E m 0 U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage.All hours worked on Sundays and holidays (except Labor Day) shall be paid at two times the hourly rate of wage. All hours worked on 3 Labor Day shall be paid at three times the hourly rate of wage. E V. All hours worked on Sundays and holidays (except Thanksgiving Day and Christmas day) shall be paid at one and i one-half times the hourly rate of wage. All hours worked on Thanksgiving Day and Christmas day shall be paid at Q double the hourly rate of wage. N 00 W. All hours worked on Saturdays and Sundays (except make-up days due to conditions beyond the control of the M employer))shall be paid at one and one-half times the hourly rate of wage.All hours worked on holidays shall be paid at double the hourly rate of wage. E X. The first four(4)hours after eight(8)regular hours Monday through Friday and the first twelve(12)hours on Saturday L shall be paid at one and one-half times the hourly rate of wage. All hours worked over twelve (12) hours Monday Q through Saturday, Sundays and holidays shall be paid at double the hourly rate of wage. When holiday falls on Saturday or Sunday, the day before Saturday, Friday, and the day after Sunday, Monday, shall be considered the c holiday and all work performed shall be paid at double the hourly rate of wage. 2 Y. All hours worked outside the hours of 5:00 am and 5:00 pm (or such other hours as may be agreed upon by any employer and the employee)and all hours worked in excess of eight(8)hours per day(10 hours per day for a 4 x 10 workweek)and on Saturdays and holidays(except labor day) shall be paid at one and one-half times the hourly rate C0 of wage.(except for employees who are absent from work without prior approval on a scheduled workday during the workweek shall be paid at the straight-time rate until they have worked 8 hours in a day(10 in a 4 x 10 workweek)or Q 40 hours during that workweek.)All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and Labor Day shall be paid at double the hourly rate of wage. c Z. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage.All w hours worked on holidays shall be paid the straight time rate of pay in addition to holiday pay. 2 N O J E d O H _ d E t U R r Q 2of15 Packet Pg. 131 4.A.F.1.1 Benefit Code Key— Effective 3/3/2023 thru 8/30/2023 Overtime Codes Continued a c 2. ALL HOURS WORKED IN EXCESS OF EIGHT(8)HOURS PER DAY OR FORTY(40)HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. m a� B. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage. L M F. The first eight(8)hours worked on holidays shall be paid at the straight hourly rate of wage in addition to the holiday pay.All hours worked in excess of eight(8)hours on holidays shall be paid at double the hourly rate of wage. V c M. This code appears to be missing.All hours worked on Saturdays, Sundays and holidays shall be paid at double the 0 L hourly rate of wage. o O. All hours worked on Sundays and holidays shall be paid at one and one-half times the hourly rate of wage. y R. All hours worked on Sundays and holidays and all hours worked over sixty(60)in one week shall be paid at double J the hourly rate of wage. E m U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage.All hours worked over 12 hours in a day or on Sundays and holidays shall be paid at double the hourly rate of wage. 3 c as E 3. ALL HOURS WORKED IN EXCESS OF EIGHT(8)HOURS PER DAY OR FORTY(40)HOURS PER WEEK SHALL BE i PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. 0 Q N 00 F. All hours worked on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on M Sunday shall be paid at two times the hourly rate of wage.All hours worked on paid holidays shall be paid at two and one-half times the hourly rate of wage including holiday pay. E H. All work performed on Sundays between March 16th and October 14th and all Holidays shall be compensated for at L two (2) times the regular rate of pay. Work performed on Sundays between October 15th and March 15th shall be Q compensated at one and one half(1-1/2)times the regular rate of pay. a� c J. All hours worked between the hours of 10:00 pm and 5:00 am, Monday through Friday, and all hours worked on c Saturdays shall be paid at a one and one-half times the hourly rate of wage.All hours worked on Sundays and holidays n shall be paid at double the hourly rate of wage. 2 W M K. Work performed in excess of eight(8)hours of straight time per day,or ten(10)hours of straight time per day when y four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or m outside the normal 5 am to 6pm shift, and all work on Saturdays shall be paid at one and one-half times the hourly p rate of wage.All work performed after 6:00 pm Saturday to 5:00 am Monday and Holidays,and all hours worked in excess of twelve(12)hours in a single shift shall be paid at double the hourly rate of wage. c N After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the 2 W applicable overtime rate until such time as the employee has had a break of eight(8)hours or more.When an employee 0 returns to work without at least eight(8)hours time off since their previous shift,all such time shall be a continuation 0 of shift and paid at the applicable overtime rate until he/she shall have the eight(8)hours rest period. E m 0 c m E s R Q 3of15 Packet Pg. 132 4.A.F.1.1 Benefit Code Key— Effective 3/3/2023 thru 8/30/2023 Overtime Codes Continued a c 4. ALL HOURS WORKED IN EXCESS OF EIGHT(8)HOURS PER DAY OR FORTY(40)HOURS PER WEEK SHALL BE m PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. 0 am a� A. All hours worked in excess of eight(8)hours per day or forty(40)hours per week shall be paid at double the hourly fo rate of wage.All hours worked on Saturdays, Sundays and holidays shall be paid at double the hourly rate of wage C. On Monday through Friday, the first four(4) hours of overtime after eight (8) hours of straight time work shall be 0 paid at one and one half(1-1/2)times the straight time rate of pay,unless a four(4)day ten(10)hour workweek has O been established. On a four (4) day ten (10) hour workweek scheduled Monday through Thursday, or Tuesday L through Friday,the first two(2)hours of overtime after ten(10)hours of straight time work shall be paid at one and ,O one half(1-1/2)times the straight time rate of pay. On Saturday,the first twelve(12)hours of work shall be paid at one and one half(1-1/2)times the straight time rate of pay,except that if the job is down on Monday through Friday due to weather conditions or other conditions outside the control of the employer,the first ten(10)hours on Saturday 'o may be worked at the straight time rate of pay.All hours worked over twelve(12)hours in a day and all hours worked J on Sunday and Holidays shall be paid at two(2)times the straight time rate of pay. E a) 0 D. All hours worked in excess of eight(8)hours per day or forty(40)hours per week shall be paid at double the hourly rate of wage.All hours worked on Saturday,Sundays and holidays shall be paid at double the hourly rate of pay.Rates 3 include all members of the assigned crew. c m EXCEPTION: E m On all multipole structures and steel transmission lines, switching stations,regulating, capacitor stations,generating L plants, industrial plants, associated installations and substations, except those substations whose primary function is Q to feed a distribution system,will be paid overtime under the following rates: N 00 The first two (2)hours after eight(8)regular hours Monday through Friday of overtime on a regular workday, shall be paid at one and one-half times the hourly rate of wage.All hours in excess of ten(10)hours will be at two(2)times the hourly rate of wage. The first eight(8)hours worked on Saturday will be paid at one and one-half(1-1/2)times E the hourly rate of wage.All hours worked in excess of eight(8)hours on Saturday,and all hours worked on Sundays E and holidays will be at the double the hourly rate of wage. 4) a� Q All overtime eligible hours performed on the above described work that is energized, shall be paid at the double the hourly rate of wage. E. The first two(2)hours after eight(8)regular hours Monday through Friday and the first eight(8)hours on Saturday a shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, n and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 2 W M On a four-day, ten-hour weekly schedule, either Monday thru Thursday or Tuesday thru Friday schedule, all hours v) worked after ten shall be paid at double the hourly rate of wage.The Monday or Friday not utilized in the normal four- m day,ten hour work week,and Saturday shall be paid at one and one half(11/z)times the regular shift rate for the first p eight (8) hours. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays Cj shall be paid at double the hourly rate of wage. E N G. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at 0 double the hourly rate of wage. J E d I. The First eight(8)hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All H hours worked in excess of eight(8)per day on Saturdays shall be paid at double the hourly rate of wage. All hours 4.; worked on Sundays and holidays shall be paid at double the hourly rate of wage. m E s R Q 4of15 Packet Pg. 133 4.A.F.1.1 Benefit Code Key— Effective 3/3/2023 thru 8/30/2023 a Overtime Codes Continued m 4. J. The first eight(8)hours worked on a Saturday shall be paid at one and one-half times the hourly rate of wage. All 0 hours worked in excess of eight(8)hours on a Saturday shall be paid at double the hourly rate of wage. All hours worked over twelve(12)in a day, and all hours worked on Sundays and Holidays shall be paid at double the hourly ' rate of wage. O M K. All hours worked on a Saturday shall be paid at one and one-half times the hourly rate of wage, so long as Saturday is the sixth consecutive day worked. All hours worked over twelve(12)in a day Monday through Saturday, and all O hours worked on Sundays and Holidays shall be paid at double the hourly rate of wage. p L. The first twelve(12)hours worked on a Saturday shall be paid at one and one-half times the hourly rate of wage.All hours worked on a Saturday in excess of twelve (12)hours shall be paid at double the hourly rate of pay. All hours 2 worked over twelve(12)in a day Monday through Friday, and all hours worked on Sundays shall be paid at double J the hourly rate of wage.All hours worked on a holiday shall be paid at one and one-half times the hourly rate of wage, E except that all hours worked on Labor Day shall be paid at double the hourly rate of pay. ar 0 U. The first four(4)hours after eight(8)regular hours Monday through Friday and the first twelve(12)hours on Saturday shall be paid at one and one-half times the hourly rate of wage.(Except on makeup days if work is lost due to inclement ; weather,then the first eight(8)hours on Saturday may be paid the regular rate.)All hours worked over twelve(12) hours Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. L S. On a four(4) day ten(10) hour workweek scheduled Monday through Thursday, or Tuesday through Friday, work Q performed in excess of(10)hours shall be paid at one and one half(1-1/2)times the hourly rate of pay. On Monday N through Friday,work performed outside the normal work hours of 6:00 a.m. and 6:00 p.m. shall be paid at one and LOS one-half(1-1/2)times the straight time rate,(except for special shifts or multiple shift operations). c All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage.All work performed E on Sundays and holidays shall be paid at double the hourly rate of wage.When an employee returns to work without d at least eight(8)hours time off since their previous shift,all such time shall be a continuation of shift and paid at the a� applicable overtime rate until such time as the employee has had a break of eight(8)hours. Q aM Multiple Shift Operations:When the first shift of a multiple shift(a two or three shift)operation is started at the basic straight time rate or at a specific overtime rate,all shifts of that day's operation shall be completed at that rate. Special �e Shifts: The Special Shift Premium is the basic hourly rate of pay plus$2.00 an hour.When due to conditions beyond the control of the employer or when an owner (not acting as the contractor), a government agency or the contract specifications require more than four(4)hours of a special shift can only be performed outside the normal 6am to 6pm shift then the special shift premium will be applied to the basic straight time for the entire shift. When an employee m works on a special shift,they shall be paid the special shift premium for each hour worked unless they are in overtime N or double-time status. (For example, the special shift premium does not waive the overtime requirements for work m performed on Saturday or Sunday). c N 2 W N O J E d O H C d E t t� R r Q 5of15 Packet Pg. 134 4.A.F.1.1 Benefit Code Key— Effective 3/3/2023 thru 8/30/2023 a Overtime Codes Continued m 4. V. Work performed in excess of ten(10)hours of straight time per day when four ten(10)hour shifts are established or 0 outside the normal shift(5 am to 6pm),and all work on Saturdays,except for make-up days shall be paid at time and one-half(1 ''/2)the straight time rate. L M In the event the job is down due to weather conditions,then Saturday may,be worked as a voluntary make-up day at O the straight time rate. However, Saturday shall not be utilized as a make-up day when a holiday falls on Friday. All V work performed on Sundays and holidays and work in excess of twelve(12)hours per day shall be paid at double(2x) the straight time rate of pay. O L After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the y applicable overtime rate until such time as the employee has had a break of eight(8)hours. N When an employee returns to work without a break of eight(8)hours since their previous shift,all such time shall be J a continuation of shift and paid at the applicable overtime rate until such time as the employee has had a break of eight E (8)hours. ar 0 z X. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on 3 Sundays and holidays shall be paid at double the hourly rate of wage.Work performed outside the normal shift of 6 c am to 6pm shall be paid at one and one-half the straight time rate,(except for special shifts or three shift operations). m All work performed on Sundays and holidays shall be paid at double the hourly rate of wage.Shifts may be established when considered necessary by the Employer. Q The Employer may establish shifts consisting of eight(8)or ten(10)hours of work(subject to WAC 296-127-022), N 00 that shall constitute a normal forty (40) hour work week. The Employer can change from a 5-eight to a 4-ten hour schedule or back to the other. All hours of work on these shifts shall be paid for at the straight time hourly rate.Work performed in excess of eight hours(or ten hours per day(subject to WAC 296-127-022)shall be paid at one and one- half the straight time rate. E a) When due to conditions beyond the control of the Employer, or when contract specifications require that work can CD only be performed outside the regular day shift,then by mutual agreement a special shift may be worked at the straight Q time rate, eight(8)hours work for eight(8)hours pay. The starting time shall be arranged to fit such conditions of work. When an employee returns to work without at a break of eight(8)hours since their previous shift,all such time shall be a continuation of shift and paid at the applicable overtime rate until such time as the employee has had a break of eight(8)hours. M m a m 11. ALL HOURS WORKED IN EXCESS OF EIGHT(8)HOURS PER DAY OR FORTY(40)HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. c N 2 B After an employee has worked eight(8)hours, all additional hours worked shall be paid at the applicable overtime w rate until such time as the employee has had a break of eight(8)hours or more. o J E C The first two(2)hours after eight(8)regular hours Monday through Friday and the first eight(8)hours on Saturday d 0 shall be paid at one and one-half times the hourly rate of wage.All other overtime hours worked, except Labor Day, and all hours on Sunday shall be paid at double the hourly rate of wage.All hours worked on Labor Day shall be paid at three times the hourly rate of wage. All non-overtime and non-holiday hours worked between 4:00 pm and 5:00 am,Monday through Friday,shall be paid at a premium rate of 15%over the hourly rate of wage. M Q 6of15 Packet Pg. 135 4.A.F.1.1 Benefit Code Key— Effective 3/3/2023 thru 8/30/2023 Overtime Codes Continued a c 11. D. All hours worked on Saturdays and holidays shall be paid at one and one-half times the hourly rate of wage.All hours worked on Sundays shall be paid at double the hourly rate of wage. m aM After an employee has worked eight(8)hours, all additional hours worked shall be paid at the applicable overtime rate until such time as the employee has had a break of eight(8)hours or more. M E. The first two(2)hours after eight(8)regular hours Monday through Friday,the first ten(10)hours on Saturday,and V the first ten(10)hours worked on Holidays shall be paid at one and one-half times the hourly rate of wage.All hours worked over ten(10)hours Monday through Saturday,and Sundays shall be paid at double the hourly rate of wage. O L After an employee has worked eight(8) hours, all additional hours worked shall be paid at the applicable overtime y rate until such time as the employee has had a break of eight(8)hours or more. N F. The first two(2)hours after eight(8)regular hours Monday through Friday and the first eight(8)hours on Saturday J shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, E and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. ar 0 On a four-day, ten-hour weekly schedule, either Monday thru Thursday or Tuesday thru Friday schedule, all hours worked after ten shall be paid at double the hourly rate of wage.The Monday or Friday not utilized in the normal four- 3 day, ten hour work week, and Saturday shall be paid at one-half times the hourly rate of wage for the first eight(8) hours.All other hours worked Monday through Saturday,and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. L G. Work performed in excess of eight(8)hours of straight time per day,or ten(10)hours of straight time per day when Q four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or N 00 outside the normal 5 am to 6pm shift, and all work on Saturdays shall be paid at one and one-half times the hourly Ln rate of wage. c All work performed after 6:00 pm Saturday to 5:00 am Monday and Holidays, and all hours worked in excess of twelve(12)hours in a single shift shall be paid at double the hourly rate of wage. d L After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the Q applicable overtime rate until such time as the employee has had a break of nine(9)hours or more.When an employee returns to work without at least nine(9)hours time off since their previous shift,all such time shall be a continuation of shift and paid at the applicable overtime rate until he/she shall have the nine(9)hours rest period. �e H. Work performed in excess of eight(8)hours of straight time per day,or ten(10)hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal 5 am to 6pm shift, and all work on Saturdays shall be paid at one and one-half times the hourly d rate of wage. Q 00 All work performed after 6:00 pm Saturday to 5:00 am Monday and Holidays, and all hours worked in excess of twelve(12)hours in a single shift shall be paid at double the hourly rate of wage. _ After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of ten(10)hours or more.When an employee w returns to work without at least ten(10)hours time off since their previous shift,all such time shall be a continuation of shift and paid at the applicable overtime rate until he/she shall have the ten(10)hours rest period. 0 E d 0 c m E z U 0 Q 7of15 Packet Pg. 136 4.A.F.1.1 Benefit Code Key— Effective 3/3/2023 thru 8/30/2023 Overtime Codes Continued a c m 11. J. All hours worked on holidays shall be paid at double the hourly rate of wage. m aM K. On Monday through Friday hours worked outside 4:00 am and 5:00 pm,and the first two(2)hours after eight(8) hours worked shall be paid at one and one-half times the hourly rate.All hours worked over 10 hours per day M Monday through Friday,and all hours worked on Saturdays,Sundays,and Holidays worked shall be paid at double O the hourly rate of wage. V c L. An employee working outside 5:00 am and 5:00 pm shall receive an additional two dollar($2.00)per hour for all O hours worked that shift.All hours worked on holidays shall be paid at one and one-half times the hourly rate of o wage.All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage. M. On Monday through Friday,the first four(4)hours of overtime after eight(8)hours of straight time work shall be A paid at one and one half(1-1/2)times the straight time rate of pay,unless a four(4)day ten(10)hour workweek has J been established.On a four(4)day ten(10)hour workweek scheduled Monday through Thursday,or Tuesday E through Friday,the first two(2)hours of overtime after ten(10)hours of straight time work shall be paid at one and +; one half(1-1/2)times the straight time rate of pay. z Work performed outside the normal work hours of 5:00 a.m.and 6:00 p.m. shall be paid at one and one-half(1-1/2) 3 times the straight time rate,(except for special shifts or multiple shift operations).When the first shift of a multiple shift(a two or three shift)operation is started at the basic straight time rate or at a specific overtime rate,all shifts of that day's operation shall be completed at that rate.When due to conditions beyond the control of the Employer or when contract specifications require that work can only be performed outside the regular day shift of 5:00 am to Q 6:00 pm,then a special shift may be worked at the straight time rate,plus the shift pay premium when applicable. The starting time of work will be arranged to fit such conditions of work. Such shift shall consist of eight(8)hours w work for eight(8)hours pay or ten(10)hours work for ten(10)hours pay for four ten shifts. M On Saturday,the first twelve(12)hours of work shall be paid at one and one half(1-1/2)times the straight time rate d of pay.All work performed after 6:00 pm Saturday to 5:00 am Monday,all work performed over twelve(12)hours, E and all work performed on holidays shall be paid at double the straight time rate of pay. L Shift Pay Premium: In an addition to any overtime already required,all hours worked between the hours of 6:00 pm Q and 5:00 am shall receive an additional two dollars($2.00)per hour. N. All work performed over twelve hours in a shift and all work performed on Sundays and Holidays shall be paid at = double the straight time rate. m Any time worked over eight(8)hours on Saturday shall be paid double the straight time rate,except employees assigned to work six 10-hour shifts per week shall be paid double the straight time rate for any time worked on a) Saturday over 10 hours. Q m C c N 2 a+ N O J E d O H C d E t U R r Q 8of15 Packet Pg. 137 4.A.F.1.1 Benefit Code Key— Effective 3/3/2023 thru 8/30/2023 Holiday Codes a c 5. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after m Thanksgiving Day,and Christmas Day(7). m a� B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day,the day before Christmas,and Christmas Day(8). M C9 C. Holidays:New Year's Day,Presidents' Day,Memorial Day, Independence Day, Labor Day, Thanksgiving Day,the (j Friday after Thanksgiving Day,And Christmas Day(8). O L D. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day,And Christmas Day(8). N H. Holidays:New Year's Day,Memorial Day,Independence Day,Thanksgiving Day,the Day after Thanksgiving Day, p And Christmas(6). J E m 1. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day $ (6)• z 3 K. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, a Friday After Thanksgiving Day,The Day Before Christmas,And Christmas Day(9). E m d L Q L. Holidays:New Year's Day,Martin Luther King Jr.Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day,Friday after Thanksgiving Day,And Christmas Day(8). 00 M N. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, c Thanksgiving Day,The Friday After Thanksgiving Day,And Christmas Day(9). a) E d P. Holidays:New Year's Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day,Friday And Saturday a� After Thanksgiving Day, The Day Before Christmas, And Christmas Day (9). If A Holiday Falls On Sunday, The Q Following Monday Shall Be Considered As A Holiday. Q. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas �e Day(6). m R. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Day,One-Half Day Before Christmas Day,And Christmas Day. (7 1/2). m S. Paid Holidays:New Year's Day,Presidents'Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day, m And Christmas Day(7). C CS Z. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the c Friday after Thanksgiving Day,And Christmas Day(8). � W N O 6. G. Paid Holidays: New Year's Day, Martin Luther King Jr. Day, Presidents' Day, Memorial Day, Independence Day, � Labor Day,Veterans'Day,Thanksgiving Day,the Friday after Thanksgiving Day,Christmas Day,and Christmas Eve a) Day(11). H H. Paid Holidays:New Year's Day,New Year's Eve Day,Memorial Day,Independence Day,Labor Day, _ m Thanksgiving Day,Friday After Thanksgiving Day,Christmas Day,The Day After Christmas,And A Floating E Holiday(10). U M Q 9of15 Packet Pg. 138 4.A.F.1.1 Benefit Code Key— Effective 3/3/2023 thru 8/30/2023 Holiday Codes Continued a c 6. T. Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, m Thanksgiving Day,The Friday After Thanksgiving Day,The Last Working Day Before Christmas Day,And Christmas Day(9). L Z. Holidays:New Year's Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day,Friday after M Thanksgiving Day, And Christmas Day (7). If a holiday falls on Saturday, the preceding Friday shall be — considered as the holiday. If a holiday falls on Sunday, the following Monday shall be considered as the 0 holiday. o L 7. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day,And Christmas Day(8).Any Holiday Which Falls On A Sunday Shall Be Observed y As A Holiday On The Following Monday. If any of the listed holidays falls on a Saturday,the preceding Friday shall p be a regular work day. J E m B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and $ Saturday after Thanksgiving Day,And Christmas Day(8).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the ; preceding Friday. m E C. Holidays:New Year's Day,Martin Luther King Jr.Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday Q on the preceding Friday. 04 w u� M D. Paid Holidays: New Year's Day,Memorial Day,Independence Day,Labor Day,Veteran's Day,Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Unpaid Holidays: President's Day. Any paid holiday which falls on a Sunday shall be observed as a holiday on the following Monday.Any paid holiday which falls on a E Saturday shall be observed as a holiday on the preceding Friday. d L Im E. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Q Thanksgiving Day,And Christmas Day(7). Any holiday which falls on a Sunday shall be observed as a holiday on c the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. F. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,the last working day before Christmas day and Christmas day(8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. a G. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day m C (6).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. _ H. Holidays:New Year's Day,Martin Luther King Jr.Day,Independence Day,Memorial Day,Labor Day,Thanksgiving w Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day(9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday.Any holiday which falls on A a Saturday shall be observed as a holiday on the preceding Friday. o J I. Holidays:New Year's Day,President's Day,Independence Day,Memorial Day,Labor Day,Thanksgiving Day,The d Friday After Thanksgiving Day,The Day Before Christmas Day And Christmas Day(9).Any holiday which falls on G H a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. m E z M Q 10 of 15 Packet Pg. 139 4.A.F.1.1 Benefit Code Key— Effective 3/3/2023 thru 8/30/2023 Holiday Codes Continued a c 7. J. Holidays:New Year's Day,Independence Day,Memorial Day,Labor Day,Thanksgiving Day and Christmas Day(6). CO Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which 0 falls on a Saturday shall be observed as a holiday on the preceding Friday. K. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Friday and Saturday after 6M, Thanksgiving Day,And Christmas Day(8). Any holiday which falls on a Sunday shall be observed as a holiday on a the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. V c L. Holidays: New Year's Day, Memorial Day, Labor Day, Independence Day, Thanksgiving Day, the Last Work Day 0 before Christmas Day,And Christmas Day(7). Any holiday which falls on a Sunday shall be observed as a holiday �o on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding U) Friday. 0 N. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,And Christmas Day(7). Any holiday which falls on a Sunday shall be observed as a holiday on E the following Monday.When Christmas falls on a Saturday,the preceding Friday shall be observed as a holiday. a) z P. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after 3 Thanksgiving Day,And Christmas Day(7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. E d L Q. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Q Thanksgiving Day,the Last Working Day before Christmas Day and Christmas Day(8).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday.If any of the listed holidays falls on a Saturday,the w preceding Friday shall be a regular work day. S. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after d Thanksgiving Day,Christmas Day,the Day after Christmas,and A Floating Holiday(9).If any of the listed holidays E falls on a Sunday,the day observed by the Nation shall be considered a holiday and compensated accordingly. L aM V. Holidays:New Year's Day,President's Birthday,Memorial Day,Independence Day,Labor Day,Thanksgiving Day, a< the Friday after Thanksgiving Day,Christmas Day,the day before or after Christmas,and the day before or after New c Year's Day. If any of the above listed holidays falls on a Sunday,the day observed by the Nation shall be considered a holiday and compensated accordingly. c W. Holidays: New Year's Day, Day After New Year's, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,the Friday after Thanksgiving Day,Christmas Eve Day,Christmas Day,the day after Christmas,the day before New Year's Day,and a Floating Holiday. a X. Holidays:New Year's Day,Day before or after New Year's Day,Presidents'Day,Memorial Day,Independence Day, p Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and the day before or after Christmas day.If a holiday falls on a Saturday or on a Friday that is the normal day off,then the holiday will be taken on the last normal workday.If the holiday falls on a Monday that is the normal day off or on a Sunday,then the holiday vi will be taken on the next normal workday. N Y. Holidays:New Year's Day,Presidents' Day,Memorial Day, Independence Day, Labor Day, Thanksgiving Day,the 0 Friday after Thanksgiving Day,and Christmas Day. (8)If the holiday falls on a Sunday,then the day observed by the E federal government shall be considered a holiday and compensated accordingly. 0 Z. Holidays:New Year's Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day,the Friday and c Saturdayafter Thanksgiving Da Christmas Eve and Christmas Da (9).An holiday which falls on a Saturday E g� g Y> Y( ) Y Y Y E shall be observed as a holiday on the preceding Friday.Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. M a 11 of 15 Packet Pg. 140 4.A.F.1.1 Benefit Code Key— Effective 3/3/2023 thru 8/30/2023 Holiday Codes Continued a c 15. G. New Year's Day,Washington's Birthday,Memorial Day,Independence Day,Labor Day,Thanksgiving Day,The m Friday After Thanksgiving Day,the last scheduled workday before Christmas,and Christmas Day(9).If any of the listed holidays falls on a Sunday,the day observed by the Nation shall be considered a holiday and compensated accordingly. 0 0 H. Holidays:New Year's Day,Martin Luther King Jr.Day,Independence Day,Memorial Day,Labor Day,Thanksgiving = Day, the Friday after Thanksgiving Day,the Last Working Day before Christmas Day and Christmas Day(9). Any 0 holiday which falls on a Sunday shall be observed as a holiday on the following Monday.Any holiday which falls on O a Saturday shall be observed as a holiday on the preceding Friday. L 0 I. Holidays:New Year's Day,President's Day,Independence Day,Memorial Day,Labor Day,Thanksgiving Day,The 0 Friday After Thanksgiving Day,The Day Before Christmas Day And Christmas Day(9).Any holiday which falls on w a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be O observed as a holiday on the preceding Friday. J E m J. Holidays:New Year's Day,Independence Day,Memorial Day,Labor Day,Thanksgiving Day and Christmas Day(6). c Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. 3 K. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day,And Christmas Day(8). Any holiday which falls on a Sunday shall be observed as a holiday on E the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. a� Q N 00 In M Note Codes E as as L 8. D. Workers working with supplied air on hazmat projects receive an additional$1.00 per hour. Q a� c L. Workers on hazmat projects receive additional hourly premiums as follows -Level A: $0.75, Level B: $0.50, And Level C: $0.25. _ M. Workers on hazmat projects receive additional hourly premiums as follows: Levels A & B: $1.00, Levels C & D: $0.50. M m N. Workers on hazmat projects receive additional hourly premiums as follows-Level A: $1.00,Level B: $0.75,Level Q C: $0.50,And Level D: $0.25. m C S. Effective August 31,2012—A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized.Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer.All flaggers and spotters shall possess a current flagging card issued U by the State of Washington, Oregon, Montana, or Idaho. This classification is only effective on or after August 31, n 2012. 0) 0 J T. Effective August 31,2012—A Traffic Control Laborer performs the setup,maintenance and removal of all temporary d traffic control devices and construction signs necessary to control vehicular, bicycle, and pedestrian traffic during 0 construction operations. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or }; where directed by the Engineer.All flaggers and spotters shall possess a current flagging card issued by the State of Washington,Oregon,Montana,or Idaho.This classification is only effective on or after August 31,2012. E 0 Q 12 of 15 Packet Pg. 141 4.A.F.1.1 Benefit Code Key— Effective 3/3/2023 thru 8/30/2023 a Note Codes Continued c m as 8. U. Workers on hazmat projects receive additional hourly premiums as follows—Class A Suit: $2.00,Class B Suit:$1.50, And Class C Suit: $1.00.Workers performing underground work receive an additional$0.40 per hour for any and all fo work performed underground, including operating, servicing and repairing of equipment. The premium for C7 underground work shall be paid for the entire shift worked.Workers who work suspended by a rope or cable receive an additional$0.50 per hour.The premium for work suspended shall be paid for the entire shift worked.Workers who do "pioneer"work(break open a cut,build road, etc.)more than one hundred fifty(150) feet above grade elevation O receive an additional$0.50 per hour. L 0 V. In addition to the hourly wage and fringe benefits, the following depth and enclosure premiums shall be paid. The premiums are to be calculated for the maximum depth and distance into an enclosure that a diver reaches in a day. w The premiums are to be paid one time for the day and are not used in calculating overtime pay. 0 0 J Depth premiums apply to depths of fifty feet or more.Over 50'to 100'-$2.00 per foot for each foot over 50 feet.Over E 10l'to 150'-$3.00 per foot for each foot over 101 feet.Over 15l'to 220'-$4.00 per foot for each foot over 220 feet. c Over 221'-$5.00 per foot for each foot over 221 feet. t Enclosure premiums apply when divers enter enclosures (such as pipes or tunnels)where there is no vertical ascent 3 and is measured by the distance travelled from the entrance. 25' to 300' -$1.00 per foot from entrance. 300' to 600' m -$1.50 per foot beginning at 300'.Over 600' -$2.00 per foot beginning at 600'. m d L W. Meter Installers work on single phase 120/240V self-contained residential meters. The Lineman/Groundmen rates Q would apply to meters not fitting this description. N 00 X. Workers on hazmat projects receive additional hourly premiums as follows-Class A Suit: $2.00,Class B Suit: M $1.50,Class C Suit: $1.00,and Class D Suit: $0.50. Special Shift Premium:Basic hourly rate plus$2.00 per hour. c d When due to conditions beyond the control of the Employer or when an owner(not acting as the contractor),a government agency or the contract specifications requires that work can only be performed outside the normal 5 am d to 6pm shift,then the special shift premium will be applied to the basic hourly rate.When an employee works on a Q special shift,they shall be paid a special shift premium for each hour worked unless they are in OT or Double-time status. (For example,the special shift premium does not waive the overtime requirements for work performed on Saturday or Sunday.) c Y. Tide Work:When employees are called out between the hours of 6:00 p.m. and 6:00 a.m.to work on tide work 0 W (work located in the tide plane)all time worked shall be at one and one-half times the hourly rate of pay. a Swinging Stage/Boatswains Chair: Employees working on a swinging state or boatswains chair or under conditions p that require them to be tied off to allow their hands to be free shall receive seventy-five cents($0.75)per hour above Cj the classification rate. c N Z. Workers working with supplied air on hazmat projects receive an additional$1.00 per hour. w Special Shift Premium:Basic hourly rate plus$2.00 per hour.When due to conditions beyond the control of the 0 Employer or when an owner(not acting as a contractor),a government agency or the contract specifications require E that more than(4)hours of a special shift can only be performed outside the normal 6 am to 6pm shift,then the special shift premium will be applied to the basic straight time for the entire shift.When an employee works on a 0 special shift,they will be paid a special shift premium for each hour worked unless they are in overtime or double- time status. (For example,the special shift premium does not waive the overtime requirements for work performed on Saturday or Sunday.) t U 0 Q 13 of 15 Packet Pg. 142 4.A.F.1.1 Benefit Code Key— Effective 3/3/2023 thru 8/30/2023 Note Codes Continued a c m 9. A. Workers working with supplied air on hazmat projects receive an additional$1.00 per hour. m a� Special Shift Premium: Basic hourly rate plus $2.00 per hour. When due to conditions beyond the control of the Employer or when an owner(not acting as the contractor),a government agency or the contract specifications require 6 that more than four(4)hours of a special shift can only be performed outside the normal 6 am to 6pm shift,then the O special shift premium will be applied to the basic straight time for the entire shift. When an employee works on a V special shift,they shall be paid a special shift premium for each hour worked unless they are in overtime or double- time status.(For example,the special shift premium does not waive the overtime requirements for work performed on O Saturday or Sunday.) OL Certified Crane Operator Premium: Crane operators requiring certifications shall be paid$0.50 per hour above their classification rate. w 0 O J Boom Pay Premium: All cranes including tower shall be paid as follows based on boom length: E am (A)— 130'to 199'—$0.50 per hour over their classification rate. $ (B)—200'to 299'—$0.80 per hour over their classification rate. (C)—300' and over—$1.00 per hour over their classification rate. 3 c B. The highest pressure registered on the gauge for an accumulated time of more than fifteen(15)minutes during the E shift shall be used in determining the scale paid. d L Tide Work:When employees are called out between the hours of 6:00 p.m.and 6:00 a.m.to work on tide work(work Q located in the tide plane) all time worked shall be at one and one-half times the hourly rate of pay. Swinging c.i Stage/Boatswains Chair:Employees working on a swinging stage or boatswains chair or under conditions that require M them to be tied off to allow their hands to be free shall receive seventy-five cents ($0.75) per hour above the �- classification rate. c d E C. Tide Work:When employees are called out between the hours of 6:00 p.m.and 6:00 a.m.to work on tide work(work d located in the tide plane) all time worked shall be at one and one-half times the hourly rate of pay. Swinging IM L- StageBoatswains Chair:Employees working on a swinging stage or boatswains chair or under conditions that require Q them to be tied off to allow their hands to be free shall receive seventy-five cents ($0.75) per hour above the classification rate. Y Effective August 31,2012—A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized.A Traffic Control Laborer performs the setup,maintenance and removal m of all temporary traffic control devices and construction signs necessary to control vehicular,bicycle, and pedestrian traffic during construction operations.Flaggers and Spotters shall be posted where shown on approved Traffic Control CD N Plans or where directed by the Engineer.All flaggers and spotters shall possess a current flagging card issued by the Q State of Washington,Oregon,Montana,or Idaho.These classifications are only effective on or after August 31,2012. m C D. Industrial Painter wages are required for painting within industrial facilities such as treatment plants,pipelines, ts c towers,dams,bridges,power generation facilities and manufacturing facilities such as chemical plants,etc.,or anywhere abrasive blasting is necessary to prepare surfaces,or hazardous materials encapsulation is required. U N O E. Heavy Construction includes construction,repair,alteration or additions to the production,fabrication or J manufacturing portions of industrial or manufacturing plants,hydroelectric or nuclear power plants and atomic E d reactor construction.Workers on hazmat projects receive additional hourly premiums as follows-Level A: $1.00, c Level B: $0.75,Level C: $0.50,And Level D: $0.25. ~ c F. Industrial Painter wages are required for painting within industrial facilities such as treatment plants,pipelines, E E towers,dams,power generation facilities and manufacturing facilities such as chemical plants,etc.,or anywhere abrasive blasting is necessary to prepare surfaces,or hazardous materials encapsulation is required. M Q 14 of 15 Packet Pg. 143 4.A.F.1.1 Benefit Code Key— Effective 3/3/2023 thru 8/30/2023 Note Codes Continued a c m 9. H. One(1)person crew shall consist of a Party Chief.(Total Station or similar one(1)person survey system).Two(2) 0 person survey party shall consist of a least a Party Chief and a Chain Person. Three(3)person survey party shall a� consist of at least a Party Chief,an Instrument Person,and a Chain Person. M L /M V ♦M♦ V IL V N 0 O J E d O r t r 3 c as E as as L a N 00 to M C N % d d L a M d a m c E N 2 W N O J E d ++ O H C d E M U R r Q 15 of 15 Packet Pg. 144 4.G PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT Julie Parascondola, CPPO, Director • KENT 220 Fourth Avenue South WASHINGTON Kent, WA 98032 253-856-5100 DATE: June 6, 2023 TO: Kent City Council - Committee of the Whole SUBJECT: 2024 South King Housing and Homelessness Partners (SKHHP) Work Plan and Operating Budget — Approve MOTION: I move to Approve the 2024 South King Housing and Homelessness Partners Work Plan and Operating Budget as adopted by the SKHHP Executive Board on May 19, 2023. SUMMARY: The South King Housing and Homelessness Partners (SKHHP) was established through an interlocal agreement between nine South King County cities and King County to work together and share resources to increase options for South King County residents to access affordable housing and preserve existing affordable housing. Consistent with the SKHHP Interlocal Agreement, the SKHHP 2024 work plan and budget must be approved by each legislative body and adopted by the SKHHP Executive Board. Background: Every year, an annual work plan and budget is developed in collaboration with the SKHHP Executive Board, Advisory Board, and staff work group to guide the work of SKHHP staff in the coming year. Pursuant to the SKHHP Interlocal Agreement, each participating jurisdiction must approve SKHHP's annual budget and work plan. The 2024 draft work plan was developed through surveys to the Executive and Advisory Boards on their priorities in February and an interactive in-person workshop with the Executive Board in March. The draft 2024 work plan was then reviewed with the SKHHP Advisory Board on April 6, 2023, and the Executive Board at their regularly scheduled meeting on April 19, 2023. Feedback was incorporated and a revised draft was shared with the Executive Board to review. The 2024 work plan includes four goals with corresponding objectives and action items. Each action item is prioritized as higher, medium, or lower priority. Indicators are included to measure progress on the goals. The four goals include the following: 1. Fund the expansion and preservation of affordable housing 2. Develop policies that expand and preserve affordable housing 3. Serve as advocate for South King County 4. Manage operations and administration The 2024 SKHHP operating budget totals $419,158, supporting two full-time staff, and includes itemization of all categories of budgeted expenses and itemization of Packet Pg. 145 4.G each jurisdiction's contribution, including in-kind services. Operating revenues originate from SKHHP member contributions. Contributions are proposed to increase 15% annually for each member city through 2026 as approved by the Executive Board in July 2021 to work towards a balanced budget. These projected numbers assume no additional staff would be added. Member contributions are based on population size accordingly: Population tier 2023 2024 2025 2026 Contribution Contribution Contribution Contribution <10,000 $5,290 $6,084 $6,996 $8,045 10,001 - 35,000 $9,919 $11,407 $13,118 $15,085 35,001 - 65,000 $19,838 $22,814 $26,236 $30,172 65,000 - $34,385 $39,543 $45,474 $52,295 100,000 100,000+ $44,965 $51,710 $59,466 $68,386 Expenses impacted by inflation are proposed to increase by 5% in 2024, including salaries and benefits. SKHHP continues to spend down the fund balance from cost- savings in 2019 and 2020 to mitigate any additional increases to member contributions. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. 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. SKHHP_2024WorkPlanBudget (PDF) Packet Pg. 146 4.G.a RESOLUTION NO. 2023-01 A RESOLUTION OF THE EXECUTIVE BOARD OF THE SOUTH KING HOUSING AND 0- HOMELESSNESS HOMELESSNESS PARTNERS (SKHHP), ADOPTING THE 2024 SKHHP WORK PLAN AND a OPERATING BUDGET a WHEREAS, pursuant to the Interlocal Agreement, the SKHHP Executive Board approves an annual work plan and budget each year to guide the work of SKHHP staff; and 0 WHEREAS, pursuant to the Interlocal Agreement, the annual budget includes an itemization of all categories of budgeted expenses and itemization of each Party's contribution, including in-kind services; and m WHEREAS, upon adoption by the Executive Board, the annual work plan and budget will be transmitted to each participating jurisdiction for approval by their legislative body; and L WHEREAS, the budget will not become effective until approved by the legislative body of each jurisdiction and adopted by the SKHHP Executive Board; and y a� WHEREAS, if a party does not approve the work plan or budget in a timely manner, the Executive Board may adopt the budget and work plan with a two-thirds majority vote; and a) E WHEREAS, the purpose of the annual work plan and budget is to provide management = and budget guidance, and implement the overarching SKHHP mission to work together and share resources to increase the available options for South King County residents to access affordable housing and to preserve the existing affordable housing stock; and WHEREAS, the 2024 work plan includes four goals with corresponding action items that = further SKHHP's mission. Y NOW, THEREFORE, THE EXECUTIVE BOARD RESOLVES as follows: 0 Section 1. The Executive Board adopts the 2024 SKHHP Work Plan in Attachment A. o co 0 Section 2. The Executive Board adopts the 2024 SKHHP Operating Budget in Attachment B. r aD Section 3. Each party's contribution to SKHHP's operating budget will be transmitted on an annual basis during the first quarter of the calendar year. m 0 Section 4. This Resolution will take effect and be in full force upon approval by the legislative Y body of each participating jurisdiction. 0 N Dated and Signed this 22nd day of May, 2023 N i a x x Y Q.il ti ti 1L�1 `� c m NANCY ACKUS, CHAIR, SOUTH KING HOUSING AND HOMELESSNESS PARTNERS ------------------------------- r r Resolution No. 2023-01 May 19, 2023 Page 1 of 7 Packet Pg. 147 4.G.a RESOLUTION 2023-01 — ATTACHMENT A SKHHP 2024 WORK PLAN c L PURPOSE a a Establish a 2024 SKHHP work plan and budget that is guided by Executive Board priorities, is consistent with the SKHHP Interlocal Agreement, and furthers SKHHP's mission. a Y L BACKGROUND 0 Established by an interlocal agreement, SKHHP jurisdictions work together and share resources to increase options for South King County residents to access affordable housing and preserve existing affordable housing. The 2024 SKHHP work plan builds on work done in previous years and was developed in collaboration with the Executive Board, Advisory Board, and staff work group. m a The work plan is organized into four goals with corresponding objectives and action items. Each action is identified by priority as follows: c • Higher— Identified as higher priority by Executive Board or is necessary to carry out the Interlocal a Agreements N • Medium — Identified as mid-level priority • Lower— Identified as lower priority a� Quarterly budget and progress reports on the status of the work plan elements will be submitted to the c SKHHP Executive Board and the legislative body of each member jurisdiction as follows: x Quarter 1: May I Quarter 2: August I Quarter 3: November I Quarter 4: February a� In accordance with the Interlocal Agreement, the 2024 SKHHP work plan and budget will be approved N by the SKHHP Executive Board and the legislative body of each member jurisdiction. SKHHP MISSION Y South King County jurisdictions working together and sharing resources to create a coordinated, comprehensive, and equitable approach to increasing housing stability, reducing homelessness, and �c producing and preserving quality affordable housing in South King County. 0 o GOALS & OBJECTIVES M r Number Goal Objective a, 1 Fund the expansion and Coordinate public resources to attract m preservation of affordable housing. greater private and public investment for affordable housing in South King County. a Y L 2 Develop policies to expand and Share technical information and resources preserve affordable housing. to promote sound housing policy. o N I 3 Serve as advocate for South King Provide a unified voice to advocate for a County. South King County needs at a local, Y regional, and state level. 4 Manage operations and Sustain operational commitments and administration. Interlocal Agreement requirements. U ------------------------------- r Resolution No. 2023-01 May 19, 2023 Page 2 of 7 Packet Pg. 148 4.G.a 0 0 a a Goal 1 Q Fund the expansion and preservation of affordable housing. a Y L 0 Actions Priority of Actions ••• = Higher m •• = Medium • = Lower ' m 1. Develop a long-term funding strategy for the Housing Capital Fund and ••• Q- facilitate conversations with member jurisdictions to identify and ;n as explore dedicated sources of revenue for affordable housing at the local and regional level. a 2. Pool resources from member jurisdictions for the Housing Capital Fund, ••• including SHB 1406 and HB 1590 funds. w 3. Manage 2023 Housing Capital Fund funding round including facilitating ••• a approval from participating Councils and preparing contract E documents. x° 4. Manage 2024 Housing Capital Fund funding round including adopting ••• annual guidelines, updating application materials, soliciting proposals, and facilitating project selection. 5. Encourage investment by private investors, lenders, and philanthropies. ••• x0 6. Work with member cities and project sponsors to start developing a •• pipeline of projects to be funded over the next five years. Y Indicators 0 o Number of housing units or number of projects funded with financial support from SKHHP o CO LO o Number of housing units preserved with financial support from SKHHP o Total dollar amount pooled by member jurisdictions for Housing Capital Fund o Total dollar amount from new sources of revenue added to the Housing Capital Fund m o Geographic diversity of applications received for annual Housing Capital Fund funding round a Y L 0 N O N I d 2 2 Y c d E t v cv ------------------------------- r r Resolution No. 2023-01 May 19, 2023 Page 3 of 7 Packet Pg. 149 4.G.a 0 0 L Q Goal 2 a Develop policies to expand and preserve affordable housing. a Y L Actions Priority of Actions ° ••• = Higher •• = Medium as • = Lower m 7. Develop subregional housing preservation strategies and facilitate ••• Q- implementation. L 8. Facilitate technical assistance and updates to the Affordable Housing ••• c Inventory Dashboard. a 9. Build relationships with developers to learn from their perspective the •• N ways to encourage housing development, especially affordable housing. y 10. Continue to refine and update housing policy matrix. a� 11. Convene land use planners to increase coordination and collaboration o on housing policy and planning. 12. Develop SKHHP Executive Board briefings on key housing and homelessness topics, especially as they relate to the goals of the work = plan. c Indicators = a� c o Number of preservation policies explored with members of the Executive Board o Successful update of data and deployment of the Affordable Housing Inventory Dashboard 0n o Number of relationships built with developers o CO o Number of Executive Board briefings on key housing and homelessness topics M r a� a� m c a. Y L 0 N O N I d 2 2 Y c d E t v cv ------------------------------- r r Resolution No. 2023-01 May 19, 2023 Page 4 of 7 Packet Pg. 150 4.G.a 0 _ o a a Goal 3 Q Serve as advocate for South King County. - L 0 Actions Priority of Actions c ••• = Higher •• = Medium • = Lower 0° a 13. Coordinate with the Advisory Board in collaboration with housing •• organizations and stakeholder groups to provide education and engagement opportunities for elected officials and community a members. n a� 14. Work collaboratively with public funders at the state and local levels to •• y promote shared affordable housing goals and equitable geographic a distribution of resources. E 15. Produce public-facing communications content that highlights South _ King County through social media and newsletters. 16. Represent SKHHP at relevant local and regional meetings and forums • a� c that help advance SKHHP's mission and provide a voice for increasing access to safe, healthy, and affordable housing in South King County. x0 Indicators c Y o Number of events or engagement opportunities Advisory Board members organize or support v°� o Number of communications published CO LO o Number of meetings, forums, or events attended that advance SKHHP's mission r a� a� m c a Y L 0 N O N I d 2 2 Y c d E t v cv ------------------------------- r r Resolution No. 2023-01 May 19, 2023 Page 5 of 7 Packet Pg. 151 4.G.a o a a a Goal 4 Manage operations and administration. Y L 0 Actions Priority of Actions ••• = Higher •• = Medium • = Lower m 17. Develop annual work plan and budget. ••• L 18. Generate and distribute quarterly progress reports to SKHHP Executive ••• L �a Board and member jurisdictions. a y 19. Work with administering agency to maintain records and produce ••• regular financial reports for the SKHHP Housing Capital Fund and SKHHP y Operating Account. °' a� 20. Organize and host monthly Executive and Advisory Board public ••• E meetings. _ 21. Manage the Affordable Housing Inventory Dashboard contract. ••• a� 22. Maintain and update the SKHHP website. •• ��—, 0 23. Advance work on SKHHP Foundation efforts to establish logistics, •• _ administration, and pursue federal nonprofit status. Y Indicators t 0 o Work plan and budget adopted 0 o Quarterly progress reports prepared and presented to Executive Board °, M o Financial reports and public records maintained aD o Commitments of the Affordable Housing Inventory Dashboard contract fulfilled o Website maintained °c o Application submitted for SKHHP Foundation 501c3 status Y L 0 N O N I d 2 2 Y c m E t U ------------------------------- r r Resolution No. 2023-01 May 19, 2023 Page 6 of 7 Packet Pg. 152 4.G.a RESOLUTION 2023-01 -ATTACHMENT B 0 2024 SKHHP Operating Budget a a Q Estimated beginning fund balance -January 1, 2024 $ 205,736 c Estimated ending fund balance -December 31, 2024 $ 144,877 a Y REVENUES 0 Auburn $ 39,543 Burien $ 22,814 0 Covington $ 11,407 Des Moines $ 11,407 m Federal Way $ 51,710 Q- Kent $ 51,710 Maple Valley $ 11,407 Normandy Park $ 6,084 a N Renton $ 51,710 Tukwila $ 11,407 King County* $ 51,710 Additional King County* $ 23,290 = Interest earnings $ 2,100 Office space (in-kind donation) $ 12,000 TOTAL REVENUES $ 358,299 Spend down balance $ 60,859 x° Im TOTAL $ 419,158 S Y EXPENSES Salaries and benefits $ 305,344 0 co Interfund IT $ 31,500 0 Advisory Board compensation $ 14,400 co Office space (in-kind donation) $ 12,000 Other professional services/Misc. $ 6,400 Travel $ 5,250 00 c Professional development $ 5,250 Y Supplies $ 2,000 0 Subtotal $ 382,144 N Administering agency- 10% admin fee** $ 37,014 NI TOTAL $ 419,158 Y "King County contribution based on the population of unincorporated King County is shown as increasing at the same rate as other partner jurisdictions and the additional allocation decreasing to maintain a total contribution of$75,000 per year. m "10%administrative fee is calculated as a percentage of operating costs which excludes in-kind donations and carry-forwards. t v cv ------------------------------- r r Resolution No. 2023-01 May 19, 2023 Page 7 of 7 Packet Pg. 153 4.H PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT 4^4� Julie Parascondola, CPRO, Director • KENT 220 Fourth Avenue South WASHI NGTON Kent, WA 98032 253-856-5100 DATE: June 6, 2023 TO: Kent City Council - Committee of the Whole SUBJECT: Multi-Service Center Housing Navigation SLFRF Agreement - Authorize MOTION: I move to authorize the Mayor to sign an agreement with the Multi Service Center for the Housing Navigation Program providing up to $255,847 in ARPA funds, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: American Rescue Plan Act (ARPA) funds are intended for the recovery of the pandemic and housing instability impacts experienced by families in Kent. The Human Services Commission recommends $255,847 be allocated to implement the Housing Navigator Program at Multi-Service Center (MSC). MSC will seek out and maintain relationships with property managers, non-profits and residents to provide a variety of supports with the overall goal to reduce/prevent evictions or other housing disruptions. Activities may include providing general information, crisis intervention, mediation, connection to resources, financial literacy (debt reduction and budgeting), assistance with goal setting for families and financial assistance. Referrals to the program will come from property managers, Kent School District staff, other non-profits, and from calls the City receives for rent or utility assistance. Ninety households will be served in the program for at least 3 months, and there is no "closure" of the client case. $75,000 of flexible funds are included to address financial barriers families may be experiencing. BUDGET IMPACT: APRA funds were approved in the 2022 Bi-Annual Budget on November 16, 2021. SUPPORTS STRATEGIC PLAN GOAL: Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. City of Kent - SLFRF Grant Recipient Agreement (PDF) Packet Pg. 154 4.H.a a� City of Kent - SLFRF - Grant Recipient Agreement L 0 Grantee Multi-Services Center Q Program Title Housing Navigation Program Grant Amount$ $255,847 m Agreement Period From: July 1, 2023 To December 31,2024 m SAM Identifying number: EHUHLUCG2Q68 m Q This Agreement is made by and between the City of Kent, a municipal corporation ("the City") and Grantee, a W Washington Non-Profit Corporation, located at 1200 South 336t" Street, Federal Way, Washington, 98003, to set LL forth the terms and conditions under which the City will provide a grant to Grantee under the Program to be used U) for costs incurred during the Agreement Period. Such grant is provided to Grantee as a beneficiary of the City's o Coronavirus State and Local Fiscal Recovery Funds. a� 1. Scope of Eligible Expenditures. Grant funds may only be used to pay or reimburse eligible expenditures as Z described in the"Federal Terms" (Exhibit 1),and as detailed in the"Scope of Work" (Exhibit 2). No grant funds may be used to pay or reimburse costs for which Grantee has received any other funding,whether state,federal or private y in nature,for that same cost. 0 0 x L 2. Grantee Responsibilities. Grantee understands and agrees that funds provided under this Agreement may °3 only be used in compliance with section 603(c)of the Social Security Act("the Act"),as added by section 9901 of the U American Rescue Plan Act("ARPA"),the U.S. Department of Treasury's("Treasury's")regulations implementing that y section,guidance issued by Treasury regarding the foregoing,and any other applicable federal provisions, including V those described in the"Federal Terms" (Exhibit 1). U) 3. Grantee Certifications. Prior to any disbursement of funds authorized by this Agreement, Grantee shall provide the City with: Cost Certification (Exhibit 3), Civil Rights Certification Form (Exhibit 4), the Lobbying Certification Form (Exhibit 5), if applicable, the Lobbying Disclosure Form (Exhibit 6), the City EEO Compliance Documents(Exhibit 7),and proof of meeting the Insurance Requirements(Exhibit 8). M 4. Request for Payment. Grantee shall submit a quarterly invoice and Cost Certification (Exhibit 3) for the expenses therein no later than fifteen (15) working days after the close of each calendar quarter throughout the E term of the Agreement. L a� 5. Maintenance of and Access to Records.Grantee shall maintain all records and accounts with respect to all Q matters covered by this Agreement, including personnel, property, financial, and programmatic records and a0i documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's regulations implementing 2 that section,and guidance issued by Treasury regarding the foregoing.These records shall be maintained for a period 0 of six (6) years after all funds have been expended or returned to the City, whichever is later, to ensure proper accounting for all funds and compliance with the Agreement.The City,the Treasury Office of Inspector General,and M the Government Accountability Office,or their authorized representatives, shall have the right of access to records 0 u- (electronic and otherwise)of Grantee in order to conduct audits or other investigations.Grantee acknowledges that W records may be subject to disclosure under the Public Records Act, Ch.42.56 RCW. LL U) 6. Publications. Any publications produced with funds from this Agreement must display the following language:"This project[is being][was]supported,in whole or in part,by federal award number SLFRP3352 awarded Y to the City of Kent,Washington by the U.S. Department of the Treasury." o 7. Disclaimer by the City and United States. The United States has expressly disclaimed any and all U responsibility or liability to the City or third persons for the actions of the City or third persons resulting in death, bodily injury,property damages,or any other losses resulting in any way from the performance of this award or any m other losses resulting in any way from the performance of the award of Federal funds to the City under section 0 r r Grant Beneficiary Agreement Q Page 1 of 3 Packet Pg. 155 4.H.a a� 603(c) of the Act, or any contract or subcontract under such award. The City expressly disclaims any and all N 'L responsibility or liability to Grantee or third persons for the actions of Grantee or third persons resulting in death, t bodily injury, property damages, or any other losses resulting in any way from the performance of this Agreement Q or any other losses resulting in any way from the performance of the Agreement, or any subcontract thereto. This , Agreement does not in any way establish an agency relationship between or among the United States, the City, and/or Grantee. m E m m 8. False Statements. Grantee understands that making false statements or claims in connection with this I Agreement may be a violation of federal law and may result in criminal, civil, or administrative sanctions, including u_ fines, imprisonment, civil damages and penalties, debarment from participating in federal or City awards or W contracts,and/or any other remedy available by law. _J c 9. Debarment and Suspension Certification. Entities that are debarred, suspended, or proposed for G :r debarment, by the U.S. Government are excluded from receiving federal funds and contracting with the City. M Grantee, by signature to this Agreement, certifies that Grantee is not currently debarred, suspended, or proposed for debarment, by any Federal department or agency. Grantee also agrees that it will not enter into a subcontract Z with a person or entity that is debarred,suspended,or proposed for debarment. Grantee will notify the City if it,or a subcontractor, is debarred, suspended, or proposed for debarment, by any Federal department or agency. Debarment status may be verified at https://www.sam.gov/. O 2 L 10. Termination. Upon thirty (30) days-notice, the City may terminate this agreement for convenience. Any unspent grant proceeds shall be immediately returned to the City. m U am v 11. Repayment of Funds; Recoupment. If Grantee has unspent grant proceeds on hand as of December 31, 2024,Grantee shall return all unspent grant proceeds to the City within ten(10)calendar days. If any funds provided ta) to Grantee were used in a manner that is not consistent or allowable as outlined in this Agreement or in the Federal +, Terms, Grantee shall return funds to City in the amount determined to be ineligible. Grantee further agrees that it is financially responsible for and will repay the City any and all indicated amounts following an audit exception which occurs due to Grantee's failure,for any reason,to comply with the terms of this Agreement.This duty to repay the m 00 City shall not be diminished or extinguished by the termination of the Agreement. M r 12. Conflict of Interest. Grantee designees, agents, members, officers, employees, consultants,and any other public official who exercises or who has exercised any functions or responsibilities with respect to the Program aEi during his or her tenure,or who is in a position to participate in a decision-making process or gain inside information L with regard to the Program,are barred from any interest,direct or indirect,in any grant or proceeds of the Program, Q or benefit there from,which is part of this Agreement at any time during or after such person's tenure. a� .Q 13. Governing Laws.This Agreement shall be governed by and construed in accordance with the laws of the U State of Washington.The venue for any action hereunder shall be in the Superior Court for King County,Washington, W or the U.S. District Court for the Western District of Washington. M L 14. Indemnification.To the maximum extent permitted by law, Grantee shall,at its cost and expense, protect, LL u_ defend, indemnify, and hold harmless the City, its directors, officers, employees, and agents,from and against any W and all demands, liabilities, causes of action, costs and expenses (including attorneys' fees), claims,judgments, or N awards of damages,arising out of or in any way resulting from the acts or omissions of Grantee,its directors,officers, employees, or agents, relating in any way to Grantee's performance or non-performance under the Agreement. Grantee agrees that its obligations underthis paragraph extend to any demands,liabilities,causes of action,or claims Y brought by,or on behalf of,any of its employees or agents. For this purpose, Grantee,by mutual negotiation,hereby o waives, as respects the City only, any immunity that would otherwise be available against such claims under any industrial insurance act, including Title 51 RCW, other Worker's Compensation act, disability benefit act, or other U employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. These c indemnification obligations shall survive the termination of the Agreement. E t U r r Grant Beneficiary Agreement Q Page 2 of 3 Packet Pg. 156 4.H.a a� 15. Insurance. The Recipient shall procure and maintain for the duration of this Agreement, insurance of the L types and in the amounts described in Exhibit 8 attached and incorporated by this reference. t .r 3 16. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of Q counterparts,each of which shall constitute an original,and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email m E and that signature shall have the same force and effect as if the Agreement bearing the original signature was m received in person. Q u_ CITY OF KENT GRANTEE W u_ J Name: Name: O Title: Title: a� Signature: Signature: z Date: Date: c .y 7 O Exhibits = L r 1—Federal Terms m 2—Scope of Work U am 3—Cost Certification U 4—Civil Rights Certification Form m 5—Lobbying Certification Form 6—Lobbying Disclosure Form (if applicable) 7—City EEOC Compliance Documents 8—Insurance Requirements 00 LO M r C N E N N L Q .Q U NM LPL M 'L^ V Nu_ W u_ J N C N Y O U c m E M v cv r r Grant Beneficiary Agreement Q Page 3 of 3 Packet Pg. 157 4.H.a a� Grant Recipient Agreement— Exhibit 1 L 0 FEDERAL TERMS 3 In case of conflict between these Federal Terms and the Agreement, the following order a of priority shall be utilized: (1) Federal Terms, and (2) Agreement. 1. Grantee understands and agrees that funds provided under this Agreement may come from a federal source and agrees to comply with any and all additional applicable terms. a A. Grantee Capacity. Grantee agrees and confirms that it has the institutional, U- managerial and financial capacity to ensure proper planning, management and J completion of the work detailed in the Scope of Work (Exhibit 2). cn c B. Technical Assistance. If, at any time, Grantee believes its capacity is compromised 0 or Grantee otherwise needs any sort of assistance, it shall immediately notify the a, City. The City will make best efforts to provide timely technical assistance to Grantee to bring Grantee into compliance. Z 0 C. Compliance with Act. Grantee understands and agrees that funds provided under y the Agreement may only be used in compliance with section 603(c) of the Social o Security Act (the "Act"), as added by section 9901 of the American Rescue Plan Act = y ( ARPA ), the U.S. Department of Treasurys ("Treasury's") regulations � implementing that section, and guidance issued by Treasury regarding the foregoing. a) D. Definitions. The term "Grantee" shall refer to an individual or entity who receives funds from the City, but shall not include a "Subrecipient," as defined in 2 C.F.R. in 200.1 and as determined in the City's sole discretion. 2. Agreement Requirements and Incorporated Exhibits. Grantee shall meet the requirements included in the Agreement and in the following 00 attached exhibits, each of which is incorporated into the Agreement by reference: r c EXHIBIT NAME NUMBER as Federal Terms Exhibit 1 ;v a� Scope of Work Exhibit 2 a c Cost Certification Exhibit 3 Q Civil Rights Certification Form Exhibit 4 Lobbying Certification Form Exhibit 5 i Lobbying Disclosure Form (if activity occurs) Exhibit 6 City EEO Compliance Documents Exhibit 7 U) A. Scope of Eligible Expenditures. Grant funds may only be used to pay or reimburse eligible expenditures as described in the Agreement, these Federal Terms (Exhibit Y 1), and Scope of Work (Exhibit 2). No grant funds may be used to pay or reimburse o costs cannot be used for expenditures for which Grantee has received any other funding, whether state, federal or private in nature, for that same expense. c B. Grantee Certifications. Prior to any disbursement of funds authorized by this Agreement, Grantee shall provide the City with: Cost Certification (Exhibit 3), Civil 0 r r Q Packet Pg. 158 4.H.a a� Rights Certification Form (Exhibit 4), the Lobbying Certification Form (Exhibit 5), L and, if activity occurs, the Lobbying Disclosure Form (Exhibit 6). 0 C. Reports. Grantee shall provide the City with additional information and a documentation upon request, including completing any reports deemed necessary c for the City to comply with documentation, reporting, or audit requirements. E 3. Access to Records. The Treasury Office of Inspector General and the Government a Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Grantee in order to conduct audits or other U- investigations. U- J 4. Uniform Guidance Compliance. Cn c 0 A. Remedial Actions. In the event of Grantee's noncompliance with section 603(c) of the Act, Treasury's regulations implementing that section, guidance issued by a' Treasury regarding the foregoing, or any other applicable federal laws or Z regulations, Treasury may take available remedial actions as set forth in 2 C.F.R. 0f 200.339. .y 7 B. Recoupment. 0 x 1. Grantee agrees that it is financially responsible for and will repay the City any ; and all indicated amounts following an audit exception which occurs due to Grantee's failure, for any reason, to comply with the terms of the Agreement. This duty to repay the City shall not be diminished or extinguished by the termination of the Agreement. 2. In the event of a violation of section 603(c) of the Act, the funds shall be subject to recoupment by the City. 3. Any funds paid to Grantee (1) in excess of the amount to which Grantee is 00 authorized to retain under the terms of the Agreement; (2) that are M determined by the Treasury Office of Inspector General to have been misused; (3) are determined by Treasury to be subject to a repayment obligation pursuant to section 603(e) of the Act; or (4) are otherwise subject to E recoupment by the City, and have not been repaid by Grantee to the City W shall constitute a debt to the City. a 4. Any debts determined to be owed the City must be paid promptly by Grantee. a A debt is delinquent if it has not been paid by the date specified in the City's 2- initial written demand for payment, unless other satisfactory arrangements W have been made or if the City knowingly or improperly retains funds that are a debt. The City will take any actions available to it to collect such a debt. M 0 C. Return of Unused Funds. If Grantee has any unspent funds on hand as of the U- earlier of December 31, 2024, or the termination of this Agreement, Grantee shall J return all unspent funds to the City within ten (10) calendar days. cn 5. Disclaimer. c as A. The United States expressly disclaims any and all responsibility or liability to 0 Grantee or third persons for the actions of Grantee or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way L) from the performance of this award or any other losses resulting in any way from the performance of this grant or any contract, or subcontract under this grant. E M U 0 r r Q Packet Pg. 159 4.H.a a� B. The acceptance of this grant by Grantee does not in any way establish an agency L relationship between the United States and Grantee. 0 6. Protection for Whistleblowers. a A. In accordance with 41 U.S.C. § 4712, Grantee may not discharge, demote, or c otherwise discriminate against an employee in reprisal for disclosing to any of the E list of persons or entities provided below, information that the employee reasonably a believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, U_ a substantial and specific danger to public health or safety, or a violation of law, ,_ rule, or regulation related to a federal contract (including the competition for or Cn negotiation of a contract) or grant. c .2 B. The list of persons and entities referenced in the paragraph above includes the a, following: 1. A member of Congress or a representative of a committee of Congress; Z, c 2. An Inspector General; 0 3. The Government Accountability Office; _ L 4. A Treasury employee responsible for contract or grant oversight or as management; L) a� 5. An authorized official of the Department of Justice or other law enforcement agency; 6. A court or grand jury; or 7. A management official or other employee of Grantee, contractor, or subcontractor who has the responsibility to investigate, discover, or address 00 misconduct. LO M C. Grantee shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. E 7. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 0) FIR 19217 (Apr. 18, 1997), Grantee is encouraged to adopt and enforce on-the-job seat a belt policies and programs for its their employees when operating company-owned, rented or personally owned vehicles. Q 8. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FIR 51225 (October 6, 2009), Grantee is encouraged to adopt and enforce policies that ban text messaging while driving, and to establish workplace safety policies to decrease i accidents caused by distracted drivers 0 U_ 9. False Statements. Grantee understands that making false statements or claims in U_ connection with this Agreement may be a violation of federal law and may result in N criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages , and penalties, debarment from participating in federal or City awards or contracts, and/or Y any other remedy available by law. o 10. Applicable Laws. _ U A. The Agreement shall be governed by and construed in accordance with the laws of the State of Washington. M U 0 r r Q Packet Pg. 160 4.H.a a� B. Grantee agrees to comply with the requirements of section 603 of the Act, the L Treasury's regulations implementing that section, and guidance issued by Treasury 0 regarding the foregoing. Grantee also agrees to comply with all other applicable a federal laws, regulations, and executive orders, and Grantee shall provide for such , compliance by other parties in any agreements it enters into with other parties relating to this Agreement. E as C. Federal regulations applicable to this grant may include, without limitation, the following: a U_ 1. Uniform Administrative Requirements, Cost Principles, and Audit U_ Requirements for Federal Awards, 2 C.F.R. Part 200, including the following: Cn c a. Subpart A, Acronyms and Definitions; G .W M b. Subpart B, General Provisions; aM C. Subpart C, Pre-Federal Award Requirements and Contents of Federal z Awards; .y d. Subpart D, Post-Federal Award Requirements; o x e. Subpart E, Cost Principles; and r f. Subpart F, Audit Requirements. U 2. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part a) 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. Un 3. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. 00 LO 4. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 a C.F.R. Part 19. c 5. Grantee Integrity and Performance Matters, pursuant to which the award term Q set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated U by reference. 6. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. i 0 7. New Restrictions on Lobbying, 31 C.F.R. Part 21. U_ 8. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 � (42 U.S.C. §§ 4601-4655) and implementing regulations. N 9. Generally applicable federal environmental laws and regulations. Y C. Statutes and regulations prohibiting discrimination applicable to this award include, o without limitation, the following: U 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's Implementing regulations at 31 C.F.R. Part 22, which prohibit U r r Q Packet Pg. 161 4.H.a a� discrimination on the basis of race, color, or national origin under programs L or activities receiving federal financial assistance; 0 2. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ a 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; 3. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), a which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; U- 4. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which Cn c prohibit discrimination on the basis of age in programs or activities receiving 0 federal financial assistance; and a, 5. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. Z §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state y and local governments or instrumentalities or agencies thereto. o x D. Hatch Act. Grantee agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C.§§ 1501-1508 and 7324-7328), which limits certain political c activities of federal employees, as well as certain other employees who work in v connection with federally funded programs. E. Grantee agrees to comply with the Prohibition on Providing Funds to the Enemy (2 C.F.R. 183). 00 LO M r C N E N N L Q .Q N� LPL 'L^ V N� L7� J N C N Y 0 U c m E M v cv r r Q Packet Pg. 162 4.H.a 4^4 ,0 • Exhibit 2 KENT 2023-2024 N WASH-GTON L PARKS, RECREATION S o COMMUNITY SERVICES Scope and Schedule of Work a Agency: Multi Service Center ;= m E m Program: Housing Navigation a� Q U_ Contact: Maju Qureshi IX majugCamschelps.org _j (253) 838-6810Ext 111 r_ 0 :r Program a, Description: The Housing Navigator Program at Multi-Service Center (MSC) will seek out and maintain relationships with property managers, non-profits and residents to provide Z a variety of supports with the overall goal to reduce/prevent evictions or other housing disruptions. Activities may include providing general information, crisis y intervention, mediation, connection to resources, financial literacy (debt reduction o x and budgeting), assistance with goal setting for families and financial assistance. Referrals to the program will come from property managers, Kent School District staff, other non-profits, and from calls the city receives for rent or v utility assistance. 90 households will be served with each household in the program °i for at least 3 months, and there is no "closure" of the client case. Flexible funds .2 totaling $75,000 are included to address financial barriers families may be U) experiencing. s m 00 LO M Consultant shall provide the approximate number of City of Kent families with the following services during the Agreement: c as Unduplicated Kent Clients Contracted to Serve 90 Families a c a� .Q U a� Service Unit Descriptions and Deliverables Units Contracted M 'L^ V Service Unit 1: Housing Navigation/case management 270 U_ U_ Service Unit 2: Financial Vouchers 75 N a� Y 0 Contract Administration U - The Consultant shall notify the City, in writing, within ten (10) days of any changes in agency leadership or program personnel. E - The Consultant shall provide the City with a current list of its board of directors, general or limited U partners, as applicable. - The Consultant shall maintain a City of Kent Business License. Q Packet Pg. 163 4.H.a - In addition to quarterly and annual reporting, staff may perform desktop or onsite monitoring to ensure contract compliance. Any onsite monitoring will be scheduled with adequate time to prepare ,j for the visit. The Contractor can request a copy of the monitoring form at any time by contacting L City of Kent staff. 0 - All records related to the Agreement must be retained for six (6) years plus the current year. 3 Q Performance Measures as The City uses a variety of measures as indicators of satisfactory contract performance. The Consultant will be expected to meet 100% of the performance measures as set forth in the Scope of Work. If the Consultant fails to fulfill the performance measures, payment for services rendered under this Agreement Q will be reduced by the rate calculated for each service unit. W U- J Exceptions may be made if circumstances beyond the Consultant's control impact its ability to fulfill the Cn required units of service and if the Consultant has shown reasonable effort to overcome those o circumstances. Exceptions are made at the sole discretion of the City's Human Services Manager. c� Reporting Requirements and Timeline z M All data and required forms shall be submitted electronically. Please use Attachment A for reporting. S .y 7 Service Unit and Narrative Report - Data from this form will be used to track each program's progress = toward meeting the goals stipulated in the Scope of Work. The narrative should include updates regarding outreach and partnership building, any successes and challenges the program is experiencing, or any c significant changes to the program model or budget. It shall be submitted quarterly, no later than the 15th v of the month following the end of the quarter (i.e. April 15, July 15, Oct 15, Jan 30), along with the Reimbursement Request. m Reimbursement Request - This form will be filled out electronically and serve as the invoicing mechanism , for payment to your agency/program. Documents supporting expenses should be included. It shall be 3 submitted quarterly, no later than the 15th of the month following the end of the quarter (i.e. April 15, July 15, Oct 15, Jan 10), unless otherwise specified. 00 LO M Demographic Data Report - The agency shall collect and retain the data requested on the r Demographics form from the persons served through this contract. Data should be tracked in an ongoing manner and submitted annually (by January 30). E a� L Q Report Due Date .Q Service Unit Report and Reimbursement 15t" day following each quarter Request c M Final Reimbursement Request (4t" Qtr.) January 10t", 2024/January 10t", 2025 0 U- Demographic Data Report January 30t", 2024/January 30t", 2025 U- J N C N Y 0 U c m E t v cv r r Q Packet Pg. 164 4.H.a DEMOGRAPHIC INFORMATION - The following information should be collected and a� N reported annually. o w Number of Households or Persons Assisted (please specify "H" or "P"): Q Race Undup. Unduplicate Yea r to d Year to E Date (All) Date L (Hispanic) a U_ W White U_ J Cn Black/African American c w Asian a� American Indian or Alaska Native cc z Native Hawaiian or Other Pacific Islander c' American Indian or Alaska Native AND o White = L Asian AND White c m Black/African American AND White C� (D American Indian /Alaska Native AND Black/African American cn Other Multi-Racial s GRAND TOTAL CLIENTS l 00 LO M Income Level I Unduplicated II Year to Date E E a) a� L Extremely Low Income 0-30% of MFI Q r Low Income 31-50% of MFI .Q Moderate Income 51-80% of MFI a� Above Moderate Income 81% + of MFI I II c GRAND TOTAL CLIENTS U_ J N Homeless * Complete only for individuals & families Unduplicated Quarter Unduplicated who have been assisted with transitional and Year to Date a permanent housing Y 0 1 2 3 4 Individuals v Families l L L L Total Homeless � r Q Packet Pg. 165 4.H.a Attachment A KENT WASHINGTON N PARKS, RECREATION Billing Voucher & Service Report .o COMMUNITY SERVICES :5 3 Q From: Agency Contact To: CITY CONTACT Agency: E Email: Address: 0 Phone: Email: a Phone: IX U_ J Program Reporting Period o .W M Program name Costs incurred from to cc a� c Reimbursement Request Annual Award = Amt 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr Balance Remaining a� U $0.0( .'2 m U) PERFORMANCE MEASURES —KENT FUNDED SERVICE UNITS Note: Unduplicated client counts must be reported both quarterly and year-to-date00 LO M Contracted to Clients Actually Year to r Service Unit Description Serve Served Date Total a Service Unit/Performance Total Measure 1St 2nd 3rd 4cn Contracted 15t 2nd 3rd 4tn to Serve Q Unduplicated # of Kent clients a (persons) Q- U W Service Unit c L Service Unit 0 U_ Service Unit IX J N Sec. 5: NARRATIVE as Y 0 Provide a narrative explanation if you are behind in either progress toward meeting performance measures or projected expenditure rate. Include information about any program or staff changes L) and how the funds were utilized. c m E U r r Page 1 of 2 Q Packet Pg. 166 4.H.a a� N L O 3 Q C N E d d L Q U- W U- J C O R Cl cC Z M By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, y and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives o set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or = fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise, (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812). v m m Agency Authorized Signature Date ' co Print Name 00 LO M r C N E Payment Authorization this section to be completed by City of Kent only) a� Contractual Obligations Met? a YES NO Circle one Enter notes if Agency underperformed: Q- a� c M 'L^ V U- L7 U- J N Authorized By: Date: Y O U c m E t v cv r r Page 2 of 2 Q Packet Pg. 167 4.H.a a� Grant Recipient Agreement— Exhibit 3 L COST CERTIFICATION 0 .5 3 Q I certify that: c m E m 1. 1 have authority and approval from the governing body on behalf of L ("Grantee")to accept proceeds from the City of Kent (the "City") per the Agreement by and between a the City and Grantee from the City's allocation of the Coronavirus State Local Fiscal Recovery Fund W ("CLFR") as created by the American Rescue Plan Act of 2021, Section 9901 ("ARPA") for eligible expenditures included on the corresponding invoice voucher for report period March 3, 2021 through c December 31, 2024. aM 2. 1 understand that as additional federal guidance becomes available, an amendment to the Contract z between the City and Grantee may become necessary and agree to execute necessary amendments. .y 7 3. 1 understand the City will rely on this certification as a material representation in processing = reimbursements or payment requests. c m U 4. 1 understand the Grantee receiving funds pursuant to this certification shall retain documentation of a) all uses of the funds, including but not limited to invoices and/or sales receipts in a manner consistent with §200.333 Retention requirements for records of 2 CFR 200 Uniform Administrative t) Requirements,Cost Principles, and Audit Requirements for Federal Awards(Uniform Guidance). Such documentation shall be produced to the City upon request and may be subject to audit by the State M Auditor. m 00 LO M 5. 1 understand any funds provided pursuant to this certification cannot be used for expenditures for which Grantee has received any other funding whether state,federal or private in nature,for that a) E same expense. W a� L Q I hereby certify that I have read the above certification, and that the information and my statements a�i provided herein by me are true and correct to the best of my knowledge, and by my signature on this 2 document, acknowledge my understanding that any intentional or negligent misrepresentation or falsification of any of the information in this document could subject me to punishment under federal M and/or civil liability and/or in criminal penalties,including but not limited to fine or imprisonment or both 0 LL under Title 18, United States Code,Sec. 1001,et seq. and punishment under federal law. W U- J N C N Printed Name Signature o U Title Date m E t U r r Q Packet Pg. 168 4.H.a a� Grant Recipient Agreement— Exhibit 4 L CIVIL RIGHTS CERTIFICATION FORM 0 .5 3 The funds provided to the grantee named below (hereinafter referred to as the "Grantee") are available a under section 603 of the Social Security Act, as added by section 9901 of the American Rescue Plan Act. E Grantee understands and acknowledges that: a� As a condition of receipt of federal financial assistance from the Department of the Treasury, with U- monies distributed through the City of Kent, Grantee provides the assurances stated herein.The U- federal financial assistance may include federal grants, loans and contracts to provide assistance to U) Grantee,the use or rent of Federal land or property at below market value, Federal training, a loan o .W of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. M aM Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal government at market value, or programs Z that provide direct benefits. .y 7 O The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of = L the operations of Grantee's program(s) and activity(ies), so long as any portion of Grantee's program(s) or activity(ies) is federally assisted in the manner prescribed above c� m Grantee certifies the following: Un 1. Grantee ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as M amended,which prohibits exclusion from participation, denial of the benefits of, or subjection W to discrimination under programs and activities receiving federal financial assistance, of any 00 LO person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et r seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 a� and other pertinent executive orders such as Executive Order 13166, directives, circulars, E W policies, memoranda, and/or guidance documents. W a� 2. Grantee acknowledges that Executive Order 13166, "Improving Access to Services for Persons Q with Limited English Proficiency," seeks to improve access to federally assisted programs and a�i activities for individuals who, because of national origin, have Limited English proficiency(LEP). Q'U Grantee understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly, 0 Grantee shall initiate reasonable steps, or comply with the Department of the Treasury's W directives,to ensure that LEP persons have meaningful access to its programs, services, and � activities. Grantee understands and agrees that meaningful access may entail providing N language assistance services, including oral interpretation and written translation where necessary,to ensure effective communication in Grantee's programs, services, and activities. Y 3. Grantee agrees to consider the need for language services for LEP persons when Grantee 0, develops applicable budgets and conducts programs, services, and activities. As a resource, the t) Department of the Treasury has published its LEP guidance at 70 FIR 6067. For more information m E t U r r Q Packet Pg. 169 4.H.a a� on taking reasonable steps to provide meaningful access for LEP persons, please visit •L http://www.lep.gov. 4. Grantee acknowledges and agrees that compliance with the assurances constitutes a condition a of continued receipt of federal financial assistance and is binding upon Grantee and its successors,transferees, and assignees for the period in which such assistance is provided. m E 5. Grantee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits Grantees of L federal financial assistance from excluding from a program or activity, denying benefits of, or a otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. U_ § 2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 J CFR Part 22,which are herein incorporated by reference and made a part of this contract (or c agreement).Title VI also includes protection to persons with "Limited English Proficiency" in any G :r program or activity receiving federal financial assistance,42 U.S.C. § 2000d et seq., as c, implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and c�a z herein incorporated by reference and made a part of this contract or agreement. 6. Grantee understands and agrees that if any real property or structure is provided or improved y with the aid of federal financial assistance by the Department of the Treasury,this assurance obligates Grantee, or in the case of a subsequent transfer,the transferee,for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or v m benefits. If any personal property is provided, this assurance obligates the Contractor for the period during which it retains ownership or possession of the property. 7. Grantee shall cooperate in any enforcement or compliance review activities by the Department +, of the Treasury of the aforementioned obligations. Enforcement may include investigation, ' arbitration, mediation, litigation, and monitoring of any settlement agreements that may result 00 from these actions. Grantee shall comply with information requests, on-site compliance reviews and reporting requirements. r 8. Grantee shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered b Title VI of the Civil Rights Act of 1964 and implementing regulations and p Y Y g p g g provide, upon request, a list of all such reviews or proceedings based on the complaint, pending Q or completed, including outcome. Grantee also must inform the Department of the Treasury if Contractor has received no complaints under Title VI. U 9. Grantee must provide documentation of an administrative agency's or court's findings of non- compliance of Title VI and efforts to address the non-compliance, including any voluntary M compliance or other agreements between the Contractor and the administrative agency that 0 made the finding. If Grantee settles a case or matter alleging such discrimination, Grantee must W provide documentation of the settlement. If Grantee has not been the subject of any court or N administrative agency finding of discrimination, please so state. 10. The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement o measures that the United States may take in order to address violations of this document or applicable federal law. t) c m E M U r r Q Packet Pg. 170 4.H.a a� I hereby certify that I have read and understood the obligations described above,that Grantee is in L compliance with the above-described nondiscrimination requirements, and by my signature on thist0, document, acknowledge my understanding that any intentional or negligent misrepresentation or Q falsification of any information submitted in conjunction with this document could subject me to Z c punishment under federal,civil liability and/or in criminal penalties, including but not limited to fine (D E or imprisonment or both under Title 18, United States Code,Sec. 1001, et seq. and punishment under L federal law. a U_ W U_ J Cn C O 'rr R Q1 Printed Name Signature > R z a� c Title Date 0 x L U m v m 00 LO M r C d E 4) L Q .Q NN� L7� M ,L^ V L W U_ J N C O Y 4- 0 U c d E t v O r r Q Packet Pg. 171 4.H.a a� Grant Recipient Agreement— Exhibit 5 L LOBBYING CERTIFICATION FORM 0 .5 3 Q The undersigned certifies, to the best of the undersigned's knowledge and belief,that: c m (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency, a Member a of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection U- with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal U- loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, c amendment, or modification of any Federal contract,grant, loan, or cooperative agreement. 0 .W 0 (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for 2M influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an z officer or employee of Congress, or an employee of a Member of Congress in connection with this c' Federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions, as x° L attached. r c m (3)The undersigned shall require that the language of this certification be included in the award v m documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or M entering into this transaction imposed by section 1352,title 31, U.S. Code. Any person who fails to file 00 LO the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. as I hereby certify that I have read the above certification, and that the information and my statements provided herein by me are true and correct to the best of my knowledge, and by my signature on this a, document, acknowledge my understanding that any intentional or negligent misrepresentation or falsification of any of the information in this document could subject me to punishment under federal 2 .Q and/or civil liability and/or in criminal penalties,including but not limited to fine or imprisonment or both U under Title 18, United States Code,Sec. 1001, et seq.and punishment under federal law. c 0 'L^ V U- L7 U- Printed Name Signature —J U) c a� Title Date 0 U c m E t v cv r r Q Packet Pg. 172 4.H.a EXHIBIT 7 DECLARATION as N CITY OF KENT NON-DISCRIMINATION POLICY o 3 Q The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. a U_ The City of Kent and its contractors are subject to and will comply with the following: W J Cn • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. c 252), (prohibits discrimination on the basis of race, color, national origin); p • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs z Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); 0 x • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). U • Ch. 49.60 RCW (Washington Law Against Discrimination) as The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". The following statements specifically identify the requirements the City deems necessary for any M contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined E below, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement. Q c a� The statements are as follows: 2- U a� 1. I have read the attached City of Kent administrative policy number 1.2. 0 L 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, U_ race, color, national origin, age, or the presence of all sensory, mental or physical disability. w J N 3. During the time of this Agreement I, the prime contractor, will provide a written statement }, to all new employees and subcontractors indicating commitment as an equal opportunity Y employer. o 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. a� E 5. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: Q EEO COMPLIANCE DOCUMENTS - 1 of 5 Packet Pg. 173 4.H.a A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- N assisted programs of the U.S. Department of Transportation, State-assisted o programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they a may be amended from time to time, which are herein incorporated by reference and made a part of this contract. a� a� B. Non-discrimination: The contractor, with regard to the work performed by it a during the contract, will not discriminate on the grounds of race, color, or national U_ origin in the selection and retention of subcontractors, including procurements of U_ materials and leases of equipment. The contractor will not participate directly or Cn indirectly in the discrimination prohibited by the Acts and the Regulations, including c employment practices when the contract covers any activity, project, or program M set forth in Appendix B of 49 CFR Part 21. �a z C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including = procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the L) grounds of race, color, or national origin. a� D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the o Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth a what efforts it has made to obtain the information. a� .Q E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: U_ W a. withholding payments to the contractor under the contract until the U_ contractor complies; and/or v) b. cancelling, terminating, or suspending a contract, in whole or in part. Y F. Incorporation of Provisions: The contractor will include the provisions of 0 paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of E Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, a or is threatened with litigation by a subcontractor, or supplier because of such EEO COMPLIANCE DOCUMENTS - 2 of 5 Packet Pg. 174 4.H.a direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. N L O 6. During the performance of this contract, the contractor, for itself, its assignees, and 5 successors in interest agrees to comply with the following non-discrimination statutes and a authorities; including but not limited to: a� E a� a� Pertinent Non-Discrimination Authorities: a� a U_i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), W (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part n 21. o ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and z, projects); y iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination 0 on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); in vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); 00 LO vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age E_ Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by E expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, a whether such programs or activities are Federally funded or not); a viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination 'L as on the basis of disability in the operation of public entities, public and private W transportation systems, places of public accommodation, and certain testing entities i (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; W ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) n (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Y Populations and Low-Income Populations, which ensures Non-discrimination against o minority populations by discouraging programs, policies, and activities with U disproportionately high and adverse human health or environmental effects on minority and low-income populations; xi. Executive Order 13166, Improving Access to Services for Persons with Limited u English Proficiency, and resulting agency guidance, national origin discrimination Q includes discrimination because of Limited English proficiency (LEP). To ensure EEO COMPLIANCE DOCUMENTS - 3 of 5 Packet Pg. 175 4.H.a compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from N discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 3 Q xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) , a� 7. The submission of the final invoice for this contract will constitute a reaffirmation that the E preceding statements were complied with during the course of the contract's performance. a By signing below, I agree to fulfill the five requirements referenced above. W U- J Cn C By: R Cl For: c�a z a� Title: .y 7 O Date: _ L r U m v m m 00 LO M r C N E N N L Q .Q U N� LPL M 'L^ V L W U- J N C N Y O U c m E t v cv r r Q EEO COMPLIANCE DOCUMENTS - 4 of 5 Packet Pg. 176 4.H.a CITY OF KENT ADMINISTRATIVE POLICY as N L 0 NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 a c as E as as L SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 U- U- APPROVED BY Dana Ralph, Mayor Cn c 0 POLICY: M Equal employment opportunity and non-discrimination in contracting requirements for the City of z Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must = take the following affirmative steps: a� 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. a� 2. Actively consider for promotion and advancement available minorities and women. U) Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination 00 LO Policy Declaration, prior to commencing performance. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. a Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public a Works Departments to coordinate with the City's Title VI coordinator, and perform the following •� duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity U- policy. U- U) 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. a� Y 0 U c m E t v cv r r Q EEO COMPLIANCE DOCUMENTS - 5 of 5 Packet Pg. 177 4.H.a a� EXHIBIT 8 L 0 INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS a Insurance E as as The Consultant shall procure and maintain for the duration of the Agreement, a insurance against claims for injuries to persons or damage to property which U- may arise from or in connection with the performance of the work hereunder W by the Consultant, their agents, representatives, employees or -J subcontractors. r- :r0 A. Minimum Scope of Insurance c, �a Consultant shall obtain insurance of the types described below: Z 1. Automobile Liability insurance covering all autos used for the ; purpose of fulfilling this agreement. Coverage shall be = written on Insurance Services Office (ISO) form CA 00 01 or 2 a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide L) contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as , an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured00 endorsement CG 20 10 11 85 or a substitute endorsement M providing equivalent coverage. c 3. Workers' Compensation coverage as required by the E Industrial Insurance laws of the State of Washington. ;v a B. Minimum Amounts of Insurance as .Q Consultant shall maintain the following insurance limits: U 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of 0 $1,000,000 per accident. U- U- 2. Commercial General Liability insurance shall be written with N limits no less than $1,000,000 each occurrence, $2,000,000 , general aggregate. Y 0 U c m E t v cv r r Q Packet Pg. 178 4.H.a a� EXHIBIT B (Continued) L 0 3 Q C. Other Insurance Provisions a� E d The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability Q insurance: U_ W U_ 1. The Consultant's insurance coverage shall be primary insurance as n respect the City. Any Insurance, self-insurance, or insurance pool c coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. �a 2. The Consultant's insurance shall be endorsed to state that coverage shall z, not be cancelled by either party, except after thirty (30) days prior y written notice by certified mail, return receipt requested, has been given o to the City. x L r 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf U of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance in policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. o M D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. Q E. Verification of Coverage .Q Consultant shall furnish the City with original certificates and a copy of the U amendatory endorsements, including but not necessarily limited to the W additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. M U_ W U_ F. Subcontractors J U) Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. Y All coverages for subcontractors shall be subject to all of the same insurance ;, requirements as stated herein for the Consultant. U a� E U Q Packet Pg. 179 --mol MULTI-3 4.H.a ' 1C4 02/TE(r CERTIFICATE OF LIABILITY INSURANCE D `� 2/23/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE: BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ N REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. .O IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed 3 If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of Q this certificate does not confer rights to the certificate holder in lieu of such endorsements . , PRODUCER 206-623-7035 CONTACT John M. Policar Sprague Israel Giles PHONE 206-623-7035 FAX 206-682-4993 1501 Fourth Avenue,Suite 730 (AIC,No,Ext): (A/C,No): E Seattle,WA98101-3225 ADDRESS: d John M.Policar INSURERS AFFORDING COVERAGE NAIC# INSURER A:Philadelphia Indemnity Ins. 18058 Q u_ INSURED INSURER B: W Multi-Service Center I 1200 S 336th Street INSURER C: _J Federal Way,WA 98003 INSURER D c INSURER E, G INSURER F: M C1 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 PERIO[ Z INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; Cn CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM: C EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. y INSR ADDL SUBR POLICY EFF POLICY EXP O ITR TYPE OF INSURANCE POLICY NUMBER LIMITS O A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,1 = CLAIMS-MADE X OCCUR PHPK2522225 03/01/2023 03/01/2024 PREMISES ETORENTED 1�000�1 r X PREMISES Ea occurrence $ � MED EXP(Any oneperson) $ rj,l d PERSONAL&ADV INJURY $ 1100011 d GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,1 ,V POLICY El JECT PRO ❑ LOC PRODUCTS-COMP/OP AGG $ 3,000,1 OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,1 Ea accident $ X ANY AUTO PHPK2522225 03/01/2023 03/01/2024 BODILY INJURY Perperson) $ X OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ (D X HIRED X NON-OWNED PROPERTY DAMAGE 00 AUTOS ONLY AUTOS ONLY Per accident $ M A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,1 EXCESS LIAB CLAIMS-MADE PHUB852676 03/01/2023 03/01/2024 AGGREGATE $ 1,000,1 N DED X RETENTION$ 10,000 N N A WORKERS COMPENSATION PER X OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN PHPK2522225 03/01/2023 03/01/2024 1,000,1 Q ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ a+ (MandatoryEn NH)EXCLUDED? N/A WA STOP GAP E.L.DISEASE-EA EMPLOYEE $ 1'���'1 N If yes,describe under 1�OQO�I .Q DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT A CRIME PHPK2522225 03/01/2023 03/01/2024 LIMIT 162,. U EMPLOYEE DISHONEST DED 5,1 c R L DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) (7 Certificate holder is additional insured if required by written contract or u- agreement,subject to the General Liability additional insured provision endorsement. _J Re: Kent Housing Continuum -Kent Housing Stability/CDBG Contracts }, c a� Y O CERTIFICATE HOLDER CANCELLATION U SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI , THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. d City of Kent, Parks Dept/ E Housing & Human Services Attn: Merina Hanson AUTHORIZED REPRESENTATIVE r 220 4th Avenue South Q Kent WA 98032 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 180 4.H.a PI-GLD-HS (10/11) m N L THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. s GENERAL LIABILITY DELUXE ENDORSEMENT: a HUMAN SERVICES E This endorsement modifies insurance provided under the following: L Im COMMERCIAL GENERAL LIABILITY COVERAGE a LL W It is understood and agreed that the following extensions only apply in the event that no other specific coverage for a_ the indicated loss exposure is provided under this policy. If such specific coverage applies,the terms, cond€bons and j limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this G endorsement. For complete details on specific coverages, consult the policy contract wording. M Coverage Applicable Limit of Insurance Page# ? Z Extended Property Damage Included 2 Limited Rental Lease Agreement Contractual Liability $50,000 limit 2 Ikon-Owned Watercraft Less than 58 feet i 2 2 Damage to Property You Own, Rent, or Occupy $30,00o limit 2 ar Damage to Premises Rented to You $1,000,000 3 V HIPAA Clarification 4 a) Medical Payments $20,000 5 Medical Payments—Extended Reporting Period 3 years 5 Athletic Activities Amended 5 Supplementary Payments—Bail Bonds $5,000 5 Supplementary Payment—Loss of Earnings $1,000 per day 5 00 LO Employee Indemnification Defense Coverage $25,000 5 Key and Lock Replacement—.janitorial Services Client Coverage $10,000 limit 6 c Additional Insured--Newly Acquired Time Period Amended 6 m E Additional Insured—Medical Directors and Administrators Included 7 d L Additional Insured—Managers and Supervisors(with Fellow Included 7 Em In ee Covera e Q Additional Insured—Broadened Named Insured Included 7 d Additional Insured—Funding Source Included 7 Q- Additional Insured—Home Care Providers included 7 Additional Insured—Managers, Landlords, or Lessors of Premises Included 7 L Additional insured—Lessor of Leased Equipment Included 7 0 Additional Insured—Grantor of Permits Included 8 u_ Additional Insured—Vendor Included 8 LL J Additional Insured—Franchisor Included 9 Additional Insured—When Required by Contract Included 9 � Additional Insured—Owners, Lessees,or Contractors Included 9 Y Additional Insured—State or Political Subdivisions _ Included 10 C V Page 1 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ©2011 Philadelphia Indemnity Insurance Company z c� a Packet Pg. 181 4.H.a PI-GLD-HS (10/11) m N Duties in the Event of Occurrence, Claim or Suit Included 10 `o _ _ s Unintentional Failure to Disclose Hazards ( Included 10 Q Transfer of Flights of Recovery Against Others To Us Clarification 10 Liberalization Included 11 d Bodily Injury includes Mental Anguish Included 11 Personal and Advertising Injury—includes Abuse of Process, Included 11 L Discrimination Q u. IX u_ A. Extended Property Damage J c SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE G LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the a) following: > M z a. Expected or Intended Injury c "Bodily injury" or property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to"bodily injury" or"property damage"resulting from the use of C x reasonable force to protect persons or property. B. Limited Rental Lease Agreement Contractual Liability V SECTION I—COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b. Contractual Liability is amended to include the following: v? (3) Based on the named insured's request at the time of claim, we agree to indemnify the 3 named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client, up to $50,000. This coverage extension00 m only applies to rental lease agreements. This coverage is excess over any renter's M liability insurance of the client. -- c C. Non-Owned Watercraft E d SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is deleted in its entirety and replaced by the Q following: d (2) A watercraft you do not own that is: 3- m (a) Less than 58 feet long; and .r c M (b) Not being used to carry persons or property for a charge; 0 u_ This provision applies to any person, who with your consent, either uses or is responsible for W the use of a watercraft. This insurance is excess over any other valid and collectible _J insurance available to the insured whether primary, excess or contingent. Cn .r c D. Damage to Property You Own, Rent or Occupy Y SECTION I —COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE C t� Page 2 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. c0 2011 Philadelphia Indemnity Insurance Company z c� a Packet Pg. 182 4.H.a PI-GLD-HS (10/11) a� N 'L LIABILITY, Subsection 2. Exclusions, Paragraph j. Damage to Property, Item (1) is deleted in its 0 entirety and replaced with the following: 3 Q (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury E to a person or damage to another's property, unless the damage to property is caused by L your client, up to a $30,000 limit. A client is defined as a person under your direct care Q and supervision. u_ W E. Damage to Premises Rented to You J Cn 1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, r_ the word "fire" is changed to "fire, lightning, explosion, smoke, or leakage from automatic fire protective systems"where it appears in: cc a� a. The last paragraph of SECTION I —COVERAGES, COVERAGE A BODILY INJURY AND z PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions; is deleted in its entirety and �+ replaced by the following: N 0 Exclusions c.through n.do not apply to damage by fire, lightning, explosion, smoke, or = leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION HI—LIMITS OF INSURANCE. V m b. SECTION III—LIMITS OF INSURANCE, Paragraph 6. is deleted in its entirety and replaced V by the following: m Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the } most we will pay under Coverage A for damages because of"property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems while rented to you or 00 temporarily occupied by you with permission of the owner. .LOM. r c. SECTION V—DEFINITIONS, Paragraph 9.a., is deleted in its entirety and replaced by the following: E a) aD A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or Organization for damage by fire, lightning, Q explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an 2 CL "insured contract"; a� 2. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance, (1) (a) (il) is deleted in its entirety and replaced by L the following: C9 u_ That is insurance for fire, lightning, explosion, smoke, or leakage from automatic fire LL protective systems for premises rented to you or temporarily occupied by you with permission (j of the owner; c 3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the Y greater of: o U Page 3 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. m ©2011 Philadelphia Indemnity Insurance Company �a r r Q Packet Pg. 183 4.H.a PI-GLIB-HS (10/11) a� N a. $1,000,000; or o t w b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. Q This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof. L F. HIPAA Q u_ W SECTION I -COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, J is amended as follows: Cn c 1. Paragraph 1. Insuring Agreement is amended to include the following: a� We will pay those sums that the insured becomes legally obligated to pay as damages because cc of a"violation(s)" of the Health Insurance Portability and Accountability Act(HIPAA). We have z the right and the duty to defend the insured against any"suit," "investigation," or"civil proceeding" �+ c seeking these damages. However, we will have no duty to defend the insured against any"suit" N seeking damages, "investigation," or"civil proceeding"to which this insurance does not apply. o 2. Paragraph 2. Exclusions is amended to include the following additional exclusions: , c This insurance does not apply to: (D a. Intentional,Willful, or Deliberate Violations c m Any willful, intentional, or deliberate"violation(s)" by any insured. b. Criminal Aets Any"violation" which results in any criminal penalties under the HIPAA. 00 M c. Other Remedies r c a� Any remedy other than monetary damages for penalties assessed. E a) aD d. Compliance Reviews or Audits Q Any compliance reviews by the Department of Health and Human Services. .Q 3. SECTION V-DEFINITIONS is amended to include the following additional definitions: a� o: a. "Civil proceeding" means an action by the Department of Health and Human Services (HHS) arising out of"violations." L b. "Investigation" means an examination of an actual or alleged "violation(s)" by HHS. However, u_ "investigation" does not include a Compliance Review. LL c. "Violation" means the actual or alleged failure to comply with the regulations included in the HIPAA. aD Y 4- 0 U Page 4 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 02011 Philadelphia Indemnity insurance Company E �a r r Q Packet Pg. 184 4.H.a PI-GLD-HS (10/11) a� N G. Medical Payments—Limit Increased to$20,000, Extended Reporting Period o t w If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: Q 1. The Medical Expense Limit is changed subject to all of the terms of SECTION III - LIMITS OF INSURANCE to the greater of: E m m a. $20,000-1 or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. Q u_ W 2. SECTION I—COVERAGE, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring J Agreement, a. (3) (b) is deleted in its entirety and replaced by the following: Cn c (b) The expenses are incurred and reported to us within three years of the date of the ° accident. a� cc H. Athletic Activities Z a� SECTION I —COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions, Paragraph e. Athletic Activities is deleted in its entirety and replaced with the following: o e. Athletic Activities L a� r c To a person injured while taking part in athletics. U (D I. Supplementary Payments ° m SECTION I—COVERAGES, SUPPLEMENTARY PAYMENTS -COVERAGE A AND B are cn amended as follows: } 1. b. is deleted in its entirety and replaced by the following: 00 1. b. Up to $5000 for cost of bail bonds required because of accidents or traffic law violations M arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these. c a� E 1.d. is deleted in its entirety and replaced by the following: 4) L 1. d. All reasonable expenses incurred by the insured at our request to assist us in the Q investigation or defense of the claim or"suit", including actual loss of earnings up to $1,000 a day because of time off from work. .Q i. Employee indemnification Defense Coverage ° SECTION I—COVERAGES, SUPPLEMENTARY PAYMENTS—COVERAGES A AND B the L following is added: U u_ We will pay, on your behalf, defense costs incurred by an "employee" in a criminal proceeding W occurring in the course of employment. J The most we will pay for any"employee"who is alleged to be directly involved in a criminal c proceeding is $25,000 regardless of the numbers of"employees,"claims or"suits"brought or Y persons or organizations making claims or bringing"suits. o U Page 5 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ©2011 Philadelphia Indemnity Insurance Company E �a r r Q Packet Pg. 185 4.H.a PI-GLD-HS (10/11) a� N K. Key and Lock Replacement-Janitorial Services Client Coverage t SECTION I-COVERAGES, SUPPLEMENTARY PAYMENTS-COVERAGES A AND E is < Q amended to include the following: c We will pay for the cost to replace keys and locks at the "clients" premises due to theft or other E loss to keys entrusted to you by your"client," up to a$10,000 limit per occurrence and $10,000 4) policy aggregate. a We will not pay for loss or damage resulting from theft or any other dishonest or criminal act that U_ you or any of your partners, members, officers, "employees", "managers", directors, trustees, U_ authorized representatives or any one to whom you entrust the keys of a"client"for any c j purpose commit, whether acting alone or in collusion with other persons. c w The following, when used on this coverage, are defined as follows: cc a. "Client" means an individual, company or organization with whom you have a written contract Z or work order for your services for a described premises and have billed for your services. 0) .N b. "Employee" means: o (1) Any natural person: r c (a) While in your service or for 30 days after termination of service; U m (b) Who you compensate directly by salary,wages or commissions; and m (c) Who you have the right to direct and control while performing services for you; or cn (2) Any natural person who is furnished temporarily to you: 3 (a) To substitute for a permanent"employee"as defined in Paragraph (1) above, who is to on leave; or "' M (b) To meet seasonal or short-term workload conditions; E while that person is subject to your direction and control and performing services for you. 4) L (3) "Employee" does not mean: Q r c (a) Any agent, broker, person leased to you by a labor leasing firm, factor, commission °' CL merchant, consignee, independent contractor or representative of the same general character, or (b) Any"manager,"director or trustee except while performing acts coming within the L scope of the usual duties of an "employee." U u_ c. "Manager"means a person serving in a directorial capacity for a limited liability company. W J N L. Additional Insureds c SECTION 11-WHO IS AN INSURED is amended as follows: Y 4- 1. If coverage for newly acquired or formed organizations is not otherwise excluded from this 0, U Page 6 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ©2011 Philadelphia Indemnity Insurance Company E �a r r Q Packet Pg. 186 4.H.a PI-GLD-HS (10/11) a� N Coverage Part, Paragraph 3.a. is deleted in its entirely and replaced by the following: o t w a. Coverage under this provision is afforded until the end of the policy period. Q 2. Each of the following is also an insured: aD E a. Medical Directors and Administrators—Your medical directors and administrators, but m m only while acting within the scope of and during the course of their duties as such. Such duties do not include the furnishing or failure to furnish professional services of any physicianLL Q or psychiatrist in the treatment of a patient. W LL b. Managers and Supervisors—Your managers and supervisors are also insureds, but C j only with respect to their duties as your managers and supervisors. Managers and c supervisors who are your"employees" are also insureds for"bodily injury" to a co- "employee"while in the course of his or her employment by you or performing duties related to the conduct of your business. cc This provision does not change Item 2.a.(1)(a) as it applies to managers of a limited 0 liability company. S c. Broadened Named insured—Any organization and subsidiary thereof which you control and = actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of U its limits of insurance. m 2 d. Funding Source—Any person or organization with respect to their liability arising out of: it m (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. to 00 This insurance does not apply to structural alterations, new construction and demolition LO M operations performed by or for that person or organization. r c e. Horne Dare P oviders—At the first Named Insureds option, any person or organization under your direct supervision and control while providing for you private home respite or (4) foster home care for the developmentally disabled. L a� Q f. Managers, Landlords, or Lessors of Promises—Any person or organization with respect � to their liability arising out of the ownership, maintenance or use of that part of the premises °' leased or rented to you subject to the following additional exclusions: a� This insurance does not apply to: (1) Any"occurrence"which takes place after you cease to be a tenant in that premises; or u. (2) Structural alterations, new construction or demolition operations performed by or on w behalf of that person or organization. _J rn g. Lessor of Leased Equipment—Automatic Status When Required in Lease Agreement � With You-Any person or organization from whom you lease equipment when you and such °' Y person or organization have agreed in writing in a contract or agreement that such person or o organization is to be added as an additional insured on your policy. Such person or U Page 7 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. E ©2011 Philadelphia Indemnity Insurance Company t �a r r Q Packet Pg. 187 4.H.a PI-GLD-I-IS (10111) a� N •L organization is an insured only with respect to liability for"bodily injury,""property damage" or 0 "personal and advertising injury" caused, in whole or in part, by your maintenance, operation 3 or use of equipment leased to you by such person or organization. Q A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. E m m With respect to the insurance afforded to these additional insureds, this insurance does not Q apply to any"occurrence"which takes place after the equipment lease expires. e_ W h. Grantors of Permits-Any state or political subdivision granting you a permit in connection U_ J with your premises subject to the following additional provision: Cn c (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with the premises you own, rent or _0 control and to which this insurance applies: > R z (a) The existence, maintenance, repair, construction, erection, or removal of advertising 0) signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, N marquees, hoist away openings, sidewalk vaults, street banners or decorations and 0 similar exposures; _ L (b) The construction, erection, or removal of elevators; or U (c) The ownership, maintenance, or use of any elevators covered by this insurance. i. Vendors-Only with respect to "bodily injury" or"property damage" arising out of"your it products" which are distributed or sold in the regular course of the vendor's business,.subject to the following additional exclusions: (1) The insurance afforded the vendor does not apply to: to 00 LO (a) "Bodily injury" or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement.This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; 0 aD L (b) Any express warranty unauthorized by you; a' Q r (c) Any physical or chemical change in the product made intentionally by the vendor; a0i .Q (d) Repackaging, except when unpacked solely for the purpose of inspection, y demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; L (e) Any failure to make such inspections, adjustments, tests or servicing as the vendorLL U has agreed to make or normally undertakes to make in the usual course of business, W in connection with the distribution or sale of the products; LL (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Y 4- 0 U Page 8of12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. m ©2011 Philadelphia Indemnity Insurance Company �a r r Q Packet Pg. 188 4.H.a PI-GLD-HS (10111) a� N (g) Products which, after distribution or sale by you, have been labeled or relabeled or o used as a container, part or ingredient of any other thing or substance by or for the 3 vendor; or Q (h) "Bodily injury" or"property damage"arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: L (i) The exceptions contained in Sub-paragraphs (d) or(f) or Q U_ (i1) Such inspections, adjustments, tests or servicing as the vendor has agreed to U_ make or normally undertakes to make in the usual course of business, in Cn connection with the distribution or sale of the products. c w (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing. Z a� j. Franchisor—Any person or organization with respect to their liability as the grantor of a franchise to you. 0 x k. As Required by Contract—Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for"bodily injury," "property damage"or"personal and advertising injury" but only for m liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a V contract or agreement. These limits are included within and not in addition to the limits of it insurance shown in the Declarations i. Owners, Lessees or Contractors—Any person or organization, but only with respect to liability for"bodily injury,""property damage"or"personal and advertising injury"caused, in whole or in part, by: to LO M (1) Your acts or omissions; or r c (2) The acts or omissions of those acting on your behalf; E E 0 in the performance of your ongoing operations for the additional insured when required by a L a� contract. Q r c With respect to the insurance afforded to these additional insureds, the following additional 2 CL exclusions apply: a� This insurance does not apply to "bodily injury" or"property damage" occurring after: c (a) All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs) to be performed by LL or on behalf of the additional insured(s) at the location of the covered operations has W been completed; or _J rn (b) That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or aD subcontractor engaged in performing operations for a principal as a part of the same o project. U Page 9 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ©2011 Philadelphia Indemnity Insurance Company t �a r r Q Packet Pg. 189 4.H.a PI-GL.D-HS (10/11) a� N •L O m, State or Political Subdivisions-Any state or political subdivision as required, subject to 3 the following provisions: Q (1) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, and is required by E contract. m L (2) This insurance does not apply to: Q u_ W (a) "Bodily injury,""property damage"or"personal and advertising injury" arising out of J operations performed for the state or municipality; or Cn c b "Bodily injury" or" ro"property damage" included within the "products-completed ° ( ) Y p p Y g operations hazard." a� M. Duties in the Event of Occurrence, Claim or Suit Z a) SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. is amended as S follows: ° O x a. is amended to include: L a� r c This condition applies only when the"occurrence" or offense is known to: m (1) You, if you are an individual; m (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. 3 b. is amended to include: 00 LO M This condition will not be considered breached unless the breach occurs after such claim or"suit" r is known to: _ a� E (1) You, if you are an individual; 4) L (2) A partner, if you are a partnership; or Q r c (3) An executive officer or insurance manager, if you are a corporation. ° .Q N. Unintentional Failure To Disclose Hazards SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representations is L amended to include the fo4owing, t, u_ It is agreed that, based on our reliance on your representations as to existing hazards, if you U_ should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of _J this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. N c O. Transfer of Rights of Recovery Against Others To Us Y 4- SECTION IV--COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer of Rights of 0, U Page 10 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. E ©2011 Philadelphia Indemnity Insurance Company �a r r Q Packet Pg. 190 4.H.a PI-GLD-HS (10/11) a� N Recovery Against Others To Us is deleted in its entirety and replaced by the following: o t w If the insured has rights to recover all or part of any payment we have made under this Coverage Q Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. E Therefore, the insured can waive the insurer's rights of recovery prior to the occurrence of a L loss, provided the waiver is made in a written contract. LL Q P. Liberalization W a_ J SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the cn following: c w If we revise this endorsement to provide more coverage without additional premium charge, we a� will automatically provide the additional coverage to all endorsement holders as of the day the cc revision is effective in your state, z a� c Q. Bodily Injury--Mental Anguish N SECTION V—DEFINITIONS, Paragraph 3. is deleted in its entirety and replaced by the following: _ L "Bodily injury" means: U a. Bodily injury, sickness or disease sustained by a person, and includes mental anguish W resulting from any of these; and 2 m b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time. } R. Personal and Advertising Injury —Abuse of Process, Discrimination to 00 If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not "O M otherwise excluded from this Coverage Dart, the definition of"personal and advertising injury" is r amended as follows: a� E 1. SECTION V—DEFINITIONS, Paragraph 14.b. is deleted in its entirety and replaced by the 4) following: a� Q b. Malicious prosecution or abuse of process; .Q 2. SECTION V—DEFINITIONS, Paragraph 14. is amended by adding the following: a� Discrimination based on race, color, religion, sex, age or national origin, except when: L a. Done intentionally by or at the direction of, or with the knowledge or consent of: C9 u_ (1) Any insured; or LL rn (2) Any executive officer, director, stockholder, partner or member of the insured; c b. Directly or indirectly related to the employment, former or prospective employment, W termination of employment, or application for employment of any person or persons by an o insured; U Page 11 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 02011 Philadelphia Indemnity Insurance Company E �a r r Q Packet Pg. 191 4.H.a PI-GLD-HS (10/11) a� N •L O c. Directly or indirectly related to the sale, rental, iease or sublease or prospective sales, rental, � lease or sub-lease of any room, dwelling or premises by or at the direction of any insured; or Q d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, a� legislation, court decision or administrative ruling. m m The above does not apply to fines or penalties imposed because of discrimination, a u_ W u_ J Cn C O 'rr R Q1 R Z c 7 O 2 L U m v m to 00 LO M r C d E 4) L Q .Q ,,L^^ V _ W U_ J N C O Y 4- 0 U Page 12 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. E ©2011 Philadelphia Indemnity Insurance Company �a r r Q Packet Pg. 192 4.1 PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT Julie Parascondola, CPRO, Director • KENT 220 Fourth Avenue South WASHINGTON Kent, WA 98032 253-856-5100 DATE: June 6, 2023 TO: Kent City Council - Committee of the Whole SUBJECT: Lower Russell Levee Setback — Memorandum of Agreement with US Army Corps of Engineers and WA Historic Preservation Officer - Authorize MOTION: I move to authorize the Mayor to sign the Memorandum of Agreement between the U.S. Army Corps of Engineers and the Washington State Historic Preservation Officer, subject to final terms and conditions acceptable to the City Attorney and Parks Director. SUMMARY: The Lower Russell Levee Setback project was a multiyear construction effort. With the King County Flood Control District (District) as the lead agency, the project has built 1.4 miles of setback levee and floodwalls, environmental habitat areas along the river, and relocated Van Doren's Landing Park. As part of the project, the District completed a cultural resources report to comply with the US Army Corps of Engineers (Corps) Section 106 permit. Archaeological features were located during site assessments that required consultation with the Corps, the Washington Department of Archaeology and Historic Preservation, local tribes, and other interested parties. The Memorandum of Agreement (MCA) is a required step necessary for the District to comply with the Corps permit to complete the project. The MOA outlines steps that various parties must attempt to undertake within the given timeframes in the document. As the project is located on Kent property, the City is responsible for the maintenance of some of the improvements when possible and will be included in consultation of the design of many of the new features listed in the MCA. BUDGET IMPACT: City funding for the items listed in the MCA will be minimal and mostly covered by staff time. The approved City budget has funding for staff time associated with this project. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Packet Pg. 193 4.1 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. Lower Russell Memorandum of Understanding (PDF) Packet Pg. 194 EXHIBIT A 4.La MEMORANDUM OF AGREEMENT BETWEEN THE U.S. ARMY CORPS OF ENGINEERS AND E as THE WASHINGTON STATE HISTORIC PRESERVATION OFFICER a� Q 0 SUBJECT: National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to Site 45-KI-1285, City of Kent, King County, Washington,U.S. Army Corps of Engineers, Corps Reference Number USACE NWS-2017-912 (Agreement). `o E 0 1. WHEREAS, the U.S. Army Corps of Engineers (Corps), Seattle District Regulatory Branch received a Department of Army(DA)permit application from King County Flood Control District (KCFCD) associated with the Lower Russell Levee Setback project(the Project) located M on City of Kent(City) Land, at Sections 10 and 11, Township 22 North, Range 10 East, Des in Moines USGS 7.5' quadrangle, King County, Washington; and as as 2. WHEREAS, the Washington State Recreation and Conservation Office (RCO) is providing substantial funding for the project through the Puget Sound Acquisition and Restoration N program; and o: L 3. WHEREAS, a DA permit,pursuant to Section 404 of the Clean Water Act, is required from 3 the Corps to conduct activities related to the construction of the undertaking; and � 4. WHEREAS, the Corps issued KCFCD a DA permit, pursuant to Section 404 of the Clean LO Water Act, on February 6, 2020; and c 5. WHEREAS, the Corps' issuance of a DA permit is subject to review under Section 106 of the National Historic Preservation Act, 54 U.S.C. 306108 (NHPA); and y L d 6. WHEREAS, the area of potential effects (APE) includes all areas of permitted in-water activity, including upland areas where work is directly associated, integrally related, and would c not occur but for the in-water authorized activity associated with the DA permit,which includes E the entire construction footprint of the project; and c 0 L 7. WHEREAS, documentation on the findings for identification, assessment of eligibility, and 0 determination of effects associated with the Undertaking include the reports titled: 1) Cultural Resources Assessment for the Lower Russell Road Levee Setback Project, King County, — Washington, dated November 23, 2016; 2) Cultural Resources Assessment for the Lower Russell y Levee Setback Project, King County, Washington, dated March 16, 2018; 3) Addendum/Technical Memorandum—Cultural Resources Assessment for the Lower Russell Levee Setback Project:Results of Supplemental Near-Surface Explorations at Archaeological o Site 45K11285, King County, Washington State, dated January 31, 2019; and 4)Archaeological J Resources Monitoring Plan for the Lower Russell Levee Setback Project, King County, Washington State, dated January 31, 2019, as well as by Corps' letters to SHPO dated February E 6, 2019, and SHPO's response letters dated February 6, 2019, and these documents are a incorporated into the Agreement by reference; and a Page 1 of 17 Packet Pg. 195 4.I.a National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to Site 45-KI-1285,City of Kent,King County,Washington,U.S.Army Corps of Engineers,Corps Reference Number USACE NWS-2017-912. 8. WHEREAS, the Corps identified archaeological site 45-KI-1285 (Van Doren's ^ Landing/Maddocksville (1861—early 1900s),which included the deeply buried thermal Feature 1, and Prentice Nursery(1920s-1960s) as eligible for listing in the National Register of Historic E Places (NRHP)under Criterion D, and previously recorded 45-KI-206/HPI 40975 (Maddocksville Landing, not relocated),previously recorded 45-KI-1195 (Historic artifact Q scatter,not relocated), 45-KI-1284 (Historic artifact scatter), the Lower Russell Road Levee (HPI 0 708213), and a residence (HPI 710242) as not eligible for listing in the NRHP; and E c 9. WHEREAS, the Washington State Department of Archaeology& Historic Preservation c (DAHP), also known as the Washington State Historic Preservation Officer(SHPO), concurs 45- E KI-1285 is eligible for listing in the NRHP, and the remaining properties are not; and i 10. WHEREAS, in addition to KCFCD and SHPO, the Corps notified the Muckleshoot Indian Tribe (Muckleshoot), the Snoqualmie Indian Tribe (Snoqualmie), the Stillaguamish Tribe of Indians (Stillaguamish), the Suquamish Tribe (Suquamish), the Tulalip Tribes (Tulalip), , the co as Kent Historical Society; the King County Historic Preservation Program(KCHPP), RCO, and > the City about this Project; and J as 11. WHEREAS,prior to construction, the Corps and SHPO agreed the Undertaking would have no adverse effect to historic properties with a requirement for archaeological monitoring; and L d 3 12. WHEREAS, during construction, 49 buried features associated with a precontact component 0 of 45-KI-1285 were discovered and the Corps consulted the consulting parties to resolve adverse ,f; effects under 36 CFR 800.13 (Post-review Discoveries); and LO M 13. WHEREAS, the Corps notified the Advisory Council on Historic Preservation(Council) of its adverse effect determination and the Council has not opted to participate in the consultation; and `° N L d 14. WHEREAS, the Muckleshoot, Snoqualmie, Stillaguamish, and Suquamish tribes (collectively"the Consulting Tribes"), KCHPP, RCO, and the City expressed a desire to consult c on a resolution of adverse effects, and along with the Corps, SHPO, and KCFCD are hereafter E referred to as"the Consulting Parties"; and c M L 15. WHEREAS,because of its role and responsibilities as the applicant for the DA permit, the 0 E Corps has invited KCFCD to sign this Agreement as an invited signatory; and 16. WHEREAS,because of its role and responsibilities as the landowner and caretaker of the y Van Doren's Park and surrounding habitat area and the proposed mitigation at the park and habitat area, the Corps has invited the City to sign this Agreement as an invited signatory; and 3 0 17. WHEREAS,based on their stated interest, the Corps has invited Muckleshoot, Stillaguamish, J Suquamish, KCHPP, and RCO to sign this Agreement as concurring parties; and E 18. WHEREAS, the Corps has consulted with the Consulting Parties in accordance with Section 106 of the NHPA to resolve the adverse effects of the undertaking on historic properties; a Page 2 of 17 Packet Pg. 196 4.I.a National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to Site 45-KI-1285,City of Kent,King County,Washington,U.S.Army Corps of Engineers,Corps Reference Number USACE NWS-2017-912. NOW, THEREFORE, the Corps and SHPO (collectively the "Parties" and individually the "Parry") agree that should the undertaking move forward to construction, the following Corps- enforced stipulations shall resolve adverse effects to historic properties associated with the E undertaking, and that these stipulations shall govern the Project and all of its parts unless this Agreement expires or is terminated. Q 0 E 0 Stipulations 0 L 0 The Corps shall ensure that the following stipulations are implemented: E I. Data Recovery and Anal. Forty-nine archaeological features were excavated at 45-KI- 1285 during construction. Analysis and reporting will be completed following the memo M titled Lower Russell Levee: Proposal to complete research and reporting at 45K11285 with m co accompanying budget, dated November 11, 2021, and this plan is included as if attached and incorporated by this reference. The precontact component of 45-KI-1285 holds the potential > for addressing research topics of local and regional interest to the scientific community, _J Indian tribes, and the general public, in conjunction with other recorded sites in the vicinity. N 0 I1. Site Preservation. During construction, the project was redesigned to preserve Features 5-7, 9-11, 18, and part of Features 17 and 19 at 45-KI-1285. Ecofabric and soil fill were placed c over the features to protect them, and the slopes were engineered to minimize erosion. Within _J six months of completion of data recovery and analysis activities identified in Stipulation I of this Agreement, KCFCD will update the archaeological site form for 45-KI-1285 to M document these features are intact and preserved for the future. The City, as the landowner and caretaker of the land within which the features rest, acknowledges that archaeological resource 45-KI-1285 is preserved within the land, and any alteration, excavation, or development outside of those identified in Stipulations I-IV dictated in this Agreement will L require a permit pursuant to RCW 27.53. In such event, the City, or any contractor or subcontractor of the City, agree to not proceed without such a permit. The City also agrees that it will evaluate and consider improvements DAHP, King County, and interested c Consulting Parties may recommend to the City to help reduce negative effects development projects may have on historic properties, including consideration of long-term protection of c the intact portions of site 45-KI-1285 (e.g., adding a GIS layer with protected sites, linking to 0 DAHP's database, etc.). E III. Tribal Outreach. In recognition of native traditional occupation and continuing use of the N area, KCFCD shall work with the Consulting Tribes to develop interpretive and educational components to be incorporated in the project to inform the public about ancestral use of the 0 area in the precontact and early historic periods, and to the present day. For work in this o Section, KCFCD is responsible for all permits, including any DAHP permits required by this _J Agreement, costs,providing Consulting Parties with an opportunity to review and comment c on any proposal prior to approval, and taking consulting parties' comments into E consideration. Tribal Outreach includes the following: a Page 3 of 17 Packet Pg. 197 4.I.a National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to Site 45-KI-1285,City of Kent,King County,Washington,U.S.Army Corps of Engineers,Corps Reference Number USACE NWS-2017-912. a. Plantings. The Consulting Tribes, with Muckleshoot taking the lead, will work with ^ KCFCD to revise the Project planting plan to incorporate native species of interest to the Consulting Tribes. This stipulation will be considered complete after KCFCD completes E the plantings and provides the Consulting Parties an accounting of the finished plantings. Q b. Interpretive Signage. The Consulting Tribes, with Muckleshoot taking the lead, will o provide text and images and will work with the KCFCD and the City to develop E interpretive signs documenting precontact and ethnographic period Indian use of the site and surrounding area. Content for the interpretive panels for tribal outreach(this Section) c and public outreach(Stipulation IV) can be combined together. KCFCD desires to install E a total of 4-6 interpretive panels (including those from Stipulation IV) at Van Doren's Park and/or on property owned by the City in the surrounding habitat area. The City's concurrence of the design, size, construction materials, and installation location, is M required prior to installation of interpretive signage on City owned property. TheCO requirements of this Stipulation will be considered complete after KCFCD completes the sign installation and provides the Consulting Parties pictures of the installed signs. J c. Teaching Station. The Consulting Tribes, with Muckleshoot taking the lead, will work N with KCFCD and the City to design and develop a teaching station that will be installed in the vicinity of the preserved features (Stipulation II) at Van Doren's Park and/or on property owned by the City in the surrounding habitat area. The City's concurrence of the 3 design, size, construction materials, and the installation location, is required prior to � installation of any teaching station on City owned property. The requirements of this Stipulation will be considered complete after KCFCD completes the installation and M provides the Consulting Parties pictures of the installed teaching station. c d. BBQ/First Foods. The Consulting Tribes, with Muckleshoot taking the lead, will work c with KCFCD and the City to design and develop one or more BBQ/First Foods stations y that will be installed at Van Doren's Park and/or on property owned by the City in the surrounding habitat area. The City's concurrence of the design, size, construction materials, the number of stations to be developed and installed, and the installation c location, is required prior to installation of any BBQ/First Foods stations on City owned E property. The requirements of this Stipulation will be considered complete after KCFCD completes the installation and provides the Consulting Parties pictures of the cooking c station(s). E as e. Marker Stone. The Consulting Tribes, with Muckleshoot taking the lead, will work with a) KCFCD and the City to design and develop a Marker Stone that will be installed at Van 3 Doren's Park and/or on property owned by the City in the surrounding habitat area. The City's concurrence of the design, size, construction materials, and the installation 3 location, is required prior to installation of marker stones on City owned property. The J requirements of this Stipulation will be considered complete after KCFCD completes the c installation of the marker stone and provides the Consulting Parties pictures of the E installed Marker Stone. a Page 4 of 17 Packet Pg. 198 4.I.a National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to Site 45-KI-1285,City of Kent,King County,Washington,U.S.Army Corps of Engineers,Corps Reference Number USACE NWS-2017-912. f. Tribal Art. The Consulting Tribes, with Suquamish taking the lead, will retain a Tribal ^ artist to produce an art installation of durable and low maintenance material. The Consulting Tribes will design the art and coordinate with the City's Department of Parks, Recreation, and Community Services to submit it for review and approval by the City of Kent Arts Commission, describing the art, its size, the materials to be used, and the Q proposed installation location. The art piece will incorporate imagery related to the c Lushootseed language place name for the project area, stak, meaning log jam. The place E name refers to an ethnographic village in the area associated with sxila?ca?, the mother of c Suquamish leader sisal, Chief Seattle. Place name imagery and materials for stak may c mirror an outdoor installation made by Suquamish artist Kate Ahvakana on a SR305 E highway project that incorporated the Lushootseed name for the Poulsbo area Suquamish village 606ulac,place of vine maple. The Consulting Tribes agree to work with the City on this art and its installation. A plaque or engraving shall be incorporated as part of the M public art to commemorate the piece consistent with the public art requirements of the CO City. The requirements of this Stipulation will be considered complete after KCFCD completes the installation and provides the Consulting Parties pictures of the installed art. >) J IV.Educational Si rgnag_e. Within three years of execution of the MOA, KCFCD will design and N develop an interpretive display to serve as educational signage about the project and the natural and cultural history of the project area. The interpretative display would be expected to consist of four to six exhibit panels and include narrative text, copies of contemporary and c historic photographs, and/or illustrative art. Content for the display will be derived from prior J research and previously prepared documentation as well as in collaboration with the Consulting Tribes (see Stipulation IILb.). As this interpretive display will be placed at Van M Doren's Park and/or on City owned land in the surrounding habitat area , KCFCD will work to obtain the City's concurrence on the design, size, construction materials, installation location, and that the display is consistent with City standards. The panels will be developed by a professional interpretive specialist. Consulting Parties will have an opportunity to L comment on the layout and text of the draft interpretative display. Consulting Tribes will have the right to approve or deny the language in the tribal component, and the City will have the sole and exclusive right to approve or deny the finished signage for installation. The c requirements of this Stipulation will be considered complete after KCFCD completes the installation and provides the Consulting Parties pictures of the installed signage. L O V. Cultural Resources Training. Within two years of execution of the Agreement, KCFCD will E develop and present cultural resources training, or pay for an existing training course, for City staff to attend at no fee to the City, which will provide an overview of Section 106 of the N National Historic Preservation Act, cultural resources, and tribal history and concerns. DAHP will have final authority on approval of the training. The City has identified approximately L 20-25 people who will be provided the opportunity to attend this training, consisting of 3 engineers, permitters, and planners. The Muckleshoot Tribe will be provided the opportunity � to incorporate into this training an approximate 2-hour session. The requirements of this Stipulation will be considered complete after KCFCD notifies the consulting parties that E those participating in the training have completed it, and KCFCD provides the Consulting Parties with an accounting of how many City staff participated in the training. .2 Page 5 of 17 Packet Pg. 199 4.I.a National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to Site 45-KI-1285,City of Kent,King County,Washington,U.S.Army Corps of Engineers,Corps Reference Number USACE NWS-2017-912. VI. Japanese Outreach. KCFCD will work with the Japanese Cultural Community Center of Washington or another organization associated with Japanese history of the area to develop mitigation associated with the Japanese-American artifacts recovered at 45-KI-1285. Within two years of execution of the Agreement, KCFCD will provide Consulting Parties a plan for mitigation, and provide Consulting Parties an opportunity to provide comments. DAHP will Q have final approval authority on the plan. The requirements of this Stipulation will be c considered complete after KCFCD notifies the Consulting Parties that the Japanese outreach E has been completed, and KCFCD will email the Consulting Parties a copy of any final report c L produced as part of this Stipulation. c E VII. Web Site. In consultation with the Consulting Parties, KCFCD shall supplement a webpage 2 hosted by the City (e.g., https://www.kentwa.gov/residents/parks-recreation-and-community- services) and King County's website (e.g., https://kingcounty.gov/depts/dnrp/wlr/sections- M programs/river-floodplain-section/capital-projects/lower-russell-levee-setback.aspx) withco additional information regarding the history of the project area,with a focus on tribal use of the area. Information provided on the web page will be consistent with the information developed in the educational signage (above). The Consulting Parties shall be afforded an _J opportunity to review and comment on a preview of the website information before it is N finalized and uploaded to the website for public view. Any information posted or linked on webpages owned by the City must be approved by the City and meet its design and communication standards. KCFCD will upload, or have the City upload, the web page within c three years of execution of the MOA. KCFCD will notify the Consulting Parties by email and _J provide a link to the material after it is online and available for public viewing. LO M VIII. Disclaimer for Installations on City Property. Work under Stipulations III, IV, and VII takes place on personal property, media, or land owned and under control of the City. KCFCD will work with the City and the Consulting Tribes early in the process to develop mitigation that the City intends to support. The City, however, will have the sole and exclusive right to L approve or deny the installation of any product created under this Agreement on its personal property, media, or land. Once an installation under Stipulations III, IV, or VII occurs on City property, media, or land, and the same is accepted by the City and the other Consulting o Parties as conforming to this Agreement, the City will be considered the owner of any such E work and will possess the sole power and control over the work, including the right to remove the work when the City determines such removal is appropriate. c E IX. Yearly Status Updates. At least once a year, from the date of the DA permit issuance date until all Stipulations are complete, KCFCD will email a yearly status update to the a, Consulting Parties detailing the current status of any incomplete stipulation, which will include any scheduling changes proposed, any problems encountered, and any disputes and L objections. KCFCD will inform the Consulting Parties if proposed work is not complete 3 within 3 years of execution of the Agreement, or any different timeframe identified in this 0 Agreement under a specific stipulation. The Consulting Parties will consult on either a time extension or appropriate alternative mitigation for that work, with final approval by the Corps and DAHP. a Page 6 of 17 Packet Pg. 200 4.I.a National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to Site 45-KI-1285,City of Kent,King County,Washington,U.S.Army Corps of Engineers,Corps Reference Number USACE NWS-2017-912. X. Dispute Resolution. ^ c a. Should any Signatory or concurring party to this Agreement object at any time to any actions proposed or the manner in which the terms of this Agreement are implemented, i the Corps shall consult with such party to resolve the objection. If the Corps determines Q that such objection cannot be resolved, the Corps will: o E (1)Forward all documentation relevant to the dispute, including the Corps' proposed resolution, to the ACHP. The ACHP shall provide the Corps with its advice on the c resolution of the objection within thirty(30) days of receiving adequate documentation. E Prior to reaching a final decision on the dispute, the Corps shall prepare a written response that considers any timely advice or comments regarding the dispute from the Y ACHP, Signatories, and consulting parties, and provide them with a copy of this written response. The Corps will then proceed according to its final decision. a CO as (2) If the ACHP does not provide its advice regarding the dispute within the thirty (30) day time period, the Corps may make a final decision on the dispute and proceed —J accordingly. Prior to reaching such a final decision, the Corps shall prepare a written N response that considers any timely comments regarding the dispute from the Signatories and consulting parties to the Agreement and provide them and the ACHP with a copy of L such written response. 3 0 J (3)All other actions required pursuant to the terms of this Agreement that are not the subject of the dispute remain unchanged. M b. At any time during implementation of the measures stipulated in this Agreement, should an objection to any such measure or its manner of implementation be raised by a member of the public or Consulting Party regarding historic preservation, the Corps shall take the L objection into account and consult as needed with the objecting party, the SHPO, or the ACHP to determine how best to address the objection. 0 XI. Duration. E c This Agreement shall automatically expire 5 years from the execution of the Agreement, M unless an amendment extending the duration of the Agreement is executed in accordance E with Stipulation XII. as XII. Amendment. y 0 Any Signatory to this agreement may propose to the Corps that the agreement be amended, whereupon the Corps shall consult with the other parties to this agreement to consider such o an amendment. This Agreement will be amended when such an amendment is agreed to in J writing by all Signatories. The amendment will go into effect on the date of the last signature a from Signatories. a Page 7 of 17 Packet Pg. 201 4.I.a National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to Site 45-KI-1285,City of Kent,King County,Washington,U.S.Army Corps of Engineers,Corps Reference Number USACE NWS-2017-912. XIII. Termination. c If any Signatory to this Agreement determines that its terms will not or cannot be carried out within its term(Stipulation XI and XII), that party shall immediately consult with the other i Signatories to attempt to develop an amendment per Stipulation XII, above. If within thirty Q (30) days (or another time period agreed to by all Signatories) an amendment cannot be o reached, any Signatory may terminate the Agreement upon written notification to the other E Signatories. L 0 Once the Agreement is terminated, and prior to work continuing on the Undertaking, the E Corps must either(a) execute a new Memorandum of Agreement pursuant to 36 C.F.R. § 800.6 or(b) request, take into account, and respond to the comments of the ACHP under 36 C.F.R. § 800.7. The Corps shall notify the Signatories as to the course of action it will M pursue. co as XIV. Coordination with Other Federal Reviews. > a) J If another federal agency not initially a parry to or subject to this Agreement has an N undertaking associated with the Project as described in this Agreement, that agency may fulfill its Section 106 responsibilities by stating in writing it concurs with the terms of this L Agreement and notifying the Corps, SHPO, and the ACHP that it intends to do so. The Corps 3 will confirm in writing that the Corps accepts Lead Agency status for Section 106, and the � SHPO and ACHP will confirm in writing that the new federal action is covered by the Corps' Agreement and Section 106 process. Such agreement shall be evidenced by implementation M of the terms of this Agreement and attachments. c XV. Execution in Counterpart. M N L This Agreement may be executed in counterparts, with a separate page for each Signatory. The Corps will ensure that each party is provided with a copy of the fully executed D Agreement. 0 E XIV. Contact Information. c M L The contact information for each Signatory and Invited Signatory(collectively referenced as E Signatories) to this Agreement and for consulting parties may be updated without requiring an amendment to this Agreement. An electronic message (email) exchanged among the contacts, indicating the updated information, shall be sufficient provided the signature 3 authority for each Party is included in such communication. L d 3 0 J C N E L V cC Q Page 8 of 17 Packet Pg. 202 4.I.a National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to Site 45-KI-1285,City of Kent,King County,Washington,U.S.Army Corps of Engineers,Corps Reference Number USACE NWS-2017-912. c m E SIGNATORY PARTY w L Q U.S. ARMY CORPS OF ENGINEERS, SEATTLE DISTRICT 0 0 c Date: L0 E m Alexander"Xander" L. Bullock i Colonel, Corps of Engineers District Commander M a� co a� a� Contact Information: J Lance Lundquist N Cultural Resources Program Manager Regulatory Branch US Army Corps of Engineers, Seattle District c P.O. Box 3755 J Seattle WA 98124 ti LO M Voice: (206) 291-4574 Email: Cultural.Resources@usace.army.mil �a c 0 N L d Note: Signatures continued next page. 0 E c M L 0 E Cd L N 7 L d 3 0 J C N E L V cC Q Page 9 of 17 Packet Pg. 203 4.I.a National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to Site 45-KI-1285,City of Kent,King County,Washington,U.S.Army Corps of Engineers,Corps Reference Number USACE NWS-2017-912. c m E SIGNATORY PARTY w L Q WASHINGTON STATE HISTORIC PRESERVATION OFFICER 0 0 c Date: L0 E as Allyson Brooks, Ph. D. State Historic Preservation Officer 0 as co Contact Information: as Rob Whitlam, PhD J Department of Archaeology and Historic Preservation N Post Office Box 48343c Olympia, Washington 98504-8343 3 0 Voice: (360) 890-2615 J E-mail: rob.whitlam@dahp.wa.gov LO al C C M r N L d Note: Signatures continued next page. c 0 E c M L 0 E Cd L N 7 L d 3 0 J C N E L V cC Q Page 10 of 17 Packet Pg. 204 4.I.a National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to Site 45-KI-1285,City of Kent,King County,Washington, U.S. Army Corps of Engineers,Corps Reference Number USACE NWS-2017-912. r c INVITED SIGNATORY PARTY a� a� L KING COUNTY FLOOD CONTROL DISTRICT a 0 Datc: c L 0 Reagan Dunn, E Chair, King County Flood Control District i 0 Contact Information: a� rn Michelle Clark Executive Director J King County Flood Control District 516 Third Avenue, Room 1200 N Seattle, WA 98104 L Voice: (206)477-2985 0 Email: michelle.clark@kingcounty.gov J r, M zA C C R Note: Signatures continued next page. c 4- 0 E c 0 L 0 E C� G N y 7 tY L 0 J r-i C d E t V Page 11 of 17 a Packet Pg. 205 4.I.a National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to Site 45-KI-1285,City of Kent,King County,Washington,U.S.Army Corps of Engineers,Corps Reference Number USACE NWS-2017-912. c m E INVITED SIGNATORY PARTY w L Q CITY OF KENT 0 0 c Date: L0 E as Dana Ralph Mayor 0 as co Contact Information: as J Toby Hallock, P.E., C.F.M. — a� Environmental Engineering, Public Works Department N 220 Fourth Avenue South Kent, WA 98032 3 0 Voice: (253) 856-5536 J E-mail: thallock@KentWa.gov LO al C C M r Note: Signatures continued next page. c 0 E c M L 0 E Cd L N 7 L d 3 0 J C N E L V cC Q Page 12 of 17 Packet Pg. 206 4.I.a National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to Site 45-KI-1285,City of Kent,King County,Washington,U.S.Army Corps of Engineers,Corps Reference Number USACE NWS-2017-912. r c m E CONCURRING PARTY a L Q W MUCKLESHOOT INDIAN TRIBE °E c Date: `o E The Hono ie Jaison Elkins Chairmatio Contact Information: in a� as Laura Murphy and Warren King George Muckleshoot Indian Tribe 39015 172nd Ave SE N Auburn, Washington 98092-9763 L Voice:(253) 876-3272 (Laura) 0 E-mail: laura.murphy@muckleshoot.nsn.us; warren.kinggeorge@muckleshoot.nsn.us ti LO M C Note: Signatures continued on next page. L 0 E L 0 E C� G N 7 L d 3 0 J C N E L V cC Q Page 13 of 17 Packet Pg. 207 4.I.a National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to Site 45-KI-1285,City of Kent,King County,Washington,U.S.Army Corps of Engineers,Corps Reference Number USACE NWS-2017-912. r c m E a� CONCURRING PARTY a, Q w 0 STILLAGUAMISH TRIBE OF INDIANS E 0 c Date: I23 0 E The Honorable Eric White i Chairman �c as Contact Information: m as Kerry Lyste J THPO/GIS Administrator y Stillaguamish Tribe of Indians Post Office Box 277 L Arlington, Washington 98223 3 0 J Voice: (360) 572-3072 E-mail: klyste@stillaguamish.com ,"r, M C C fC a+ N L Note: Signatures continued on next page. o E c L 0 E C� G N 7 L d 3 0 J C N E L V cC Q Page 14 of 17 Packet Pg. 208 National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to Site 45-KI-1285,City of Kent,King County,Washington,U.S.Army Corps of Engineers,Corps Reference Number . USACE NWS-2017-912. CONCURRING PARTY SUQUAMISH TRIBE Date: The Honorable Leonard Forsman Chairman Contact Information: Dennis Lewarch, THPO Suquamish Tribe Post Office Box 498 Suquamish, Washington 98392-0498 Voice: (360) 394-8529 E-mail: dlewarch@suquamish.nsn.us Note: Signatures continued on next page. Page 15 of 17 4.I.a National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to Site 45-KI-1285,City of Kent,King County,Washington,U.S.Army Corps of Engineers,Corps Reference Number USACE NWS-2017-912. c m E CONCURRING PARTY w L Q KING COUNTY HISTORIC PRESERVATION PROGRAM E 7 c Date: 1/19/2023 0 E as Jennifer Meisner i King County Historic Preservation Officer M m co Contact Information: as J Philippe D. LeTourneau, PhD — a� Archaeologist N King County Historic Preservation Program Department of Natural Resources and Parks 3 201 South Jackson Street 0 Seattle, WA 98104 ti U) Voice: (206) 477-4529 Email: Philippe.LeToumeau@kingcounty.gov c M N L d 0 E Note: Signatures continued on next page. M L 0 E Cd L N 7 L d 3 0 J C N E L V cC Q Page 16 of 17 Packet Pg. 210 National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to Site 45-KI-1285,City of Kent,King County,Washington,U.S.Army Corps of Engineers,Corps Reference Number USACE NWS-2017-912. c m E CONCURRING PARTY w L Q WASHINGTON STATE RECREATION AND CONSERVATION OFFICE E 0 An c Megan Duff pr 7,2023 13:49 PDT) Date: pr 2 7, 2023 0 Megan Duffy Director M m co Contact Information: as J Sarah Thirtyacre — a� Cultural Resources Program Coordinator N Recreation and Conservation Office I I I I Washington St SE 3 Olympia, WA 98504 0 Voice: (360) 764-9841 LO Email: sarah.thirtyacre@rco.wa.gov c c M N L d 0 Note: End of signature pages E c M L 0 E Cd L N 7 L d 3 0 J C N E L V cC Q Page 17 of 17 Packet Pg. 211 4.J OFFICE OF THE CITY ATTORNEY Tammy White, City Attorney 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5770 DATE: June 6, 2023 TO: Kent City Council - Committee of the Whole SUBJECT: Regional Agreement Re: Opioid Abatement Council — Authorize MOTION: I move to authorize the Mayor to sign an interlocal agreement that creates the King County Opioid Abatement Council to monitor expenditure reporting of settlement funds received through class action lawsuits related to community impacts from opioids, subject to final terms and conditions acceptable to the Chief Administrative Officer and City Attorney. SUMMARY: Litigation against several opioid manufacturers and distributors settled with a number of states. Washington's settlement required that all local governments, in order to receive a portion of the settlement funds allocated to their state, enter into an agreement through which they agreed to use the settlement funds toward approved purchases and to form, at the county level, an "Opioid Abatement Council" (OAC) to be responsible for monitoring expenditures reported by those local governments for compliance with the settlement agreement. Through this interlocal agreement, local governments located within King County who joined in the class action lawsuits will maintain full discretion to use and distribute their allocation of opioid settlement funds as they determine is best, so long as their expenditures meet the requirements of the settlement agreement. Opioid settlement funds can be used to treat opioid use disorders and to take action aimed at preventing opioid use disorders, responding to the opioid epidemic, and abating the opioid epidemic through leadership, planning, and coordination efforts. The OAC formed through this interlocal agreement will monitor distributions and expenditure of opioid settlement funds. Additionally, the OAC will fulfill the requirement to develop and maintain a public dashboard for the publication of expenditure data from local governments' use of the settlement funds. The OAC will be comprised of 2 representatives from King County, 1 representative from Seattle, and 1 representative chosen from the remaining 24 local governments to represent them. This representative allocation is proportional to the share of settlement funds each of these agencies received from the total allocated to Washington.' 'Of the total settlement funds received by the State of Washington, 13.97% was dedicated to King County, 6.6% was dedicated to the City of Seattle, and 6.3% was dedicated to the remaining 24 cities. Kent's share is 0.54%. Packet Pg. 212 4.J Each local government is responsible for designating 10% of the settlement proceeds it receives annually to cover the OAC's administrative costs. These administrative costs will be deducted annually from the City's Real Estate Excise Tax Proceeds in lieu of each local government transmitting separate payments. However, the agreement also includes a true-up requirement. While each city will initially contribute 10% of the settlement funds it receives each year, King County as the OAC administrator will true up administrative costs at the end of each year and each agency will pay a portion of those administrative costs proportionate to the amount of the settlement funds it received compared to the amount received by the remaining parties. For Kent, this would be 0.54% (0.5377397676%) of the actual administrative costs. However, this true-up cannot exceed 10% of the settlement amount the City received. This true-up will occur in the first quarter of each year, beginning in 2024. BUDGET IMPACT: The OAC administrative fee will fluctuate depending upon the costs incurred by the OAC, and the settlement funds actually received by the City from the opioid litigation. Administrative fees are capped at 10%. For 2023 and 2024, Kent's administrative fees under this interlocal agreement are estimated to be approximately $21,483 in 2023, and $13,320 in 2024. SUPPORTS STRATEGIC PLAN GOAL: Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. KingCounty_RegionalOAC (DOCX) Packet Pg. 213 4.J.a KING COUNTY REGIONAL AGREEMENT OPIOID ABATEMENT COUNCIL a� This regional agreement for an opioid abatement council is entered into among King County and the o cities of Auburn, Bellevue, Bothell, Burien, Covington, Des Moines, Enumclaw, Federal Way, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park, Maple Valley, Mercer Island, Newcastle, Redmond, Renton, Q Sammamish, SeaTac, Seattle, Shoreline, Snoqualmie,Tukwila and Woodinville, each a "Party" and jointly - "Parties." 0 SECTION 1. RECITALS v c a� WHEREAS,the State of Washington and other local governments have engaged in litigation with entities E m who manufacture, distribute, and dispense prescription opioids; and Q WHEREAS,the opioid litigation has resulted in various settlements and/orjudgments with direct money -a 0 payments to be made to the state and its eligible political subdivisions; and Q O WHEREAS,the One Washington Memorandum of Understanding Between Washington Municipalities ,o ("the MOU"), attached hereto with Exhibits A, B, and C, and incorporated by reference, which has been previously approved and executed by the Parties, requires the formation of an opioid abatement E as council; and a� Q WHEREAS,the undersigned Parties do hereby adopt and implement this Agreement for the creation of the King County Regional Opioid Abatement Council ("OAC"),to be bound by the terms of this o Agreement,the MOU and exhibits thereto,the settlement agreement provisions, and any applicable state statute(s). r c NOW,THEREFORE, it is hereby agreed by the Parties: o U SECTION 2. DEFINITIONS c Y 1. "Approved Purposes" refers to the strategies specified and set forth in Exhibit A to the MOU. 00 LO 2. "OAC Administrator" shall mean King County,the Party who shall perform the duties assigned to the OAC Administrator in Section 4.C. v Q O 3. "Opioid Funds" shall mean monetary amounts obtained through a settlement,judgment or any other manner from the Opioid Litigation. m 4. "Opioid Litigation" shall mean the litigation between state and/or local jurisdictions and Johnson &Johnson, and distributors AmerisourceBergen, Cardinal Health, and McKesson; and the national opioid settlement agreements involving Teva Pharmaceutical Industries,Allergan, Walgreens, �o Walmart, and CVS. Y S. "National Settlement Agreement(s)" or"Settlement(s)" means the national opioid settlement agreements involving Johnson &Johnson, and distributors AmerisourceBergen,Cardinal Health, and McKesson; and the national opioid settlement agreements involving Teva Pharmaceutical Industries, Allergan, Walgreens, Walmart, and CVS. f° Q Page 1 King County Regional Agreement For Opioid Abatement Council Packet Pg. 214 4.J.a SECTION 3. PARTICIPATING ENTITIES The Parties to this Agreement are the political subdivisions in King County entitled to direct payment of Opioid Funds pursuant to the National Settlement Agreements derived from the Opioid Litigation. N L 0 SECTION 4. CREATION OF THE KING COUNTY REGIONAL OAC Q Consistent with the MOU Exhibits A, B and C, the Parties create and establish the OAC to perform the duties and functions set forth in the MOU and herein. c 0 A. OAC Members v 1. Membership—Representation on the OAC shall be roughly proportional to Opioid FundCD distribution with a total of four party representatives: two from King County, one from r the City of Seattle, and one chosen by the Sound Cities Association (SCA). All persons who serve on the OAC must have prior work or educational experience pertaining to Q one or more of the Approved Purposes. o 2. Chair—As the OAC Administrator, one of the King County representatives to the OAC O shall be the chairperson to preside at and lead all meetings of the OAC and to act as the ,o representative of the OAC in any matters contemplated by the MOU.The chairperson is entitled to vote on all OAC business and at King County's discretion, the role of the E chairperson may alternate between the two King County OAC representatives. ;v a� 3. OAC Vacancies—In the event the OAC has a vacancy,the Party or Parties whose Q representative vacated the position shall select a new member for the OAC. 4. Alternates—Parties may designate alternate representatives to serve on the OAC in the 0 Y g p 'a� absence of the Party or Parties' primary representative. Alternates must meet the same work/educational experience requirements as primary representatives. 0 B. Duties of the OAC v a� 1. Oversight—As provided in this Agreement,the OAC shall monitor distribution, Y expenditure, re-allocation, and dispute resolution related to the Parties' allocations of co Opioid Funds for Approved Purposes within the King County Region. LO 2. Data Requirements—The OAC shall determine what data and in what form and under what timelines the Parties must provide to the OAC Administrator regarding the Parties' a Opioid Fund allocation expenditures. 3. Reports—The OAC shall annually review reports prepared by the OAC Administrator of 0 the Parties' Opioid Funds allocation expenditures for compliance with the Approved Purposes and the terms of the MOU and any Settlement. 4. Re-Allocation of Opioid Funds— If the CAC is notified that a Party will forego some or all c of its allocation of Opioid Funds, the OAC shall: o tU (i) Request and then approve or deny proposals from other Parties and/or community groups for use of the allocation within the King County Region; and Y (ii) Direct the trustee responsible for releasing Opioid Funds to distribute the allocation to the Party(ies)and/or community group(s) whose proposals were E approved by the OAC. Q Page 2 King County Regional Agreement For Opioid Abatement Council Packet Pg. 215 4.J.a 5. Reporting—The OAC shall report and make publicly available all decisions on Opioid Fund allocation and re-allocation applications, proposals, distributions, and expenditures by the OAC and the Parties. 6. Dashboard—The OAC shall develop and maintain a centralized public dashboard or o other repository for the publication of expenditure data from the OAC and the Parties that receive Opioid Funds.The dashboard or repository shall be updated at least Q annually. - 7. Outcome Data—If necessary,the OAC shall require and collect additional outcome- related data from the Parties to evaluate the use of the Opioid Funds.The OAC shall U work with the Parties to determine the type of outcome data to be collected. 8. Complaints—The OAC shall establish a process for hearing complaints and resolving m disputes by Parties regarding the alleged failure of the OAC or a Party to (1) use Opioid Funds for Approved Purposes or(2) comply with reporting requirements. Q 9. Noncompliance—If the OAC finds that a Party's expenditure of its allocation of Opioid o Funds did not comply with the Approved Purposes of the MOU, or that the Party a- O otherwise misused its allocation of Opioid Funds, the OAC may take remedial action `o against the alleged offending Party. Such remedial action is left to the discretion of the OAC and may include notifying the Settlement Fund Administrator of the noncompliant E expenditures) and requesting suspension of direct payments to the offending Party and re-allocation by the OAC consistent with Section B.4. a c C. Duties of the OAC Administrator 1. Receipt of Expenditure Reports—The OAC Administrator shall receive and maintain the expenditure reports provided by the Parties pursuant to Section D.8 and shall provide r them to the members of the OAC for the annual review required under Section B.3. o 2. Re-Allocation—The OAC Administrator shall be responsible for requesting proposals, v a� notifying the Settlement trustee as required, and maintaining records of distribution = decisions for Opioid Funds subject to re-allocation under Section B.4. 1 3. Reporting— co (i) The OAC Administrator shall fulfill the OAC's responsibilities for collecting data, preparing reports, and making information publicly available, including through the v a development, maintenance, and annual updating of a centralized public dashboard 0 or other repository. 0 (ii) The OAC Administrator shall set deadlines for the Parties to submit data to the OAC and the OAC shall not be responsible for any deficiencies in data or reports due to the failure of a Party to meet those deadlines or the reporting requirements under Section D. o (iii) Nothing in this Section C shall relieve a Party of its responsibilities to maintain, report, and produce data or records as required by Section D,the MOU, and/or any Y Settlement Agreement. 4. Outcome Data—If the OAC determines that outcome-related data will be collected,the E E OAC Administrator will receive such data from the Parties and prepare any related reports as directed by the OAC. a Page 3 King County Regional Agreement For Opioid Abatement Council Packet Pg. 216 4.J.a 5. Records Retention—The OAC Administrator shall maintain OAC records for no less than five (5)years and shall make such records available for review by other Parties or the public. Records requested by the public shall be produced in accordance with the Washington Public Records Act, chapter 42.56 RCW. Nothing in this section supplants o any Party's obligations to retain and produce its own records as provided in this Agreement. Q 6. Accounting of Administrative Expenses—The OAC Administrator shall prepare the - annual accounting of OAC administrative expenses. 0 U D. Duties of the Parties c a� 1. Notice of OAC Representative—Parties shall notify the OAC Administrator of its OAC m representative and alternate, if any, and shall timely fill vacancies. 2. Use and Distribution of Opioid Funds—Parties shall maintain full discretion over the Q use and distribution of their allocation of Opioid Funds, provided the Opioid Funds are o used solely for Approved Purposes. 0- 0 3. Notice to Forego Allocation—If a Party chooses to forego its allocation of Opioid Funds, `o it will notify the OAC so the funds can be re-allocated as provided in Section 13.4.A Party's notice that it will forego its allocation of Opioid Funds shall apply to all future E allocations unless the Party notifies the OAC otherwise. A Party is excused from the reporting requirements set forth in this Agreement for any allocation of Opioid Funds it a foregoes. 4. Allocation Amount—If a Party disputes the amount it receives from its allocation of Opioid Funds, the Party shall resolve the dispute with the Settlement Fund Administrator. However,the Party shall alert the OAC within sixty(60) days of r discovering the information underlying the dispute. Failure to alert the OAC within this o timeframe shall not constitute a waiver of the Party's right to seek recoupment of any v a� deficiency in its allocation. _ 5. Collaboration—Parties may agree and elect to share, pool, or collaborate with their 1 respective allocation of Opioid Funds as long as such sharing, pooling, or collaboration is CO used for Approved Purposes and complies with the MOU and the Settlements. 6. Proposal Methodology—Parties shall develop and implement a methodology for v a obtaining, receiving, and reviewing proposals for use of their allocation of Opioid Funds. 0 0 7. Community-Based Input—Parties shall ensure an opportunity for community-based 0 input on priorities for Opioid Fund allocation strategies. 8. Reporting—Parties shall report to the OAC Administrator on all expenditures of Opioid Fund allocations.The specific data to be provided shall be determined by the OAC. 9. OAC Administrative Payment—As further described in Section 6, beginning in 2023 0 each Party shall contribute 10% of its annual Opioid Funds allocation to pay for OAC Administrative Costs. Y 10. Party's Administrative Costs—After the 10%OAC Administrative Costs contribution,the administrative costs for a Party to administer its allocation of Opioid Funds shall not E exceed 10%of the remaining allocation or actual costs,whichever is less. a Page 4 King County Regional Agreement For Opioid Abatement Council Packet Pg. 217 4.J.a 11. Records Retention—Parties shall maintain all records related to the receipt and expenditure of Opioid Funds for no less than five (5)years and shall make such records available for review by other Parties,the OAC, or the public. Records requested by the a� public shall be produced in accordance with the Washington Public Records Act, chapter o 42.56 RCW. Records requested by another Party or the OAC shall be produced within twenty-one (21) days of the date the record request was received. Nothing in this Q Agreement supplants any Party's obligations under the Washington Public Records Act. - c SECTION 5. OAC ACTION 0 U A. The OAC shall take action by way of motion and such motions shall be adopted if approved by a = a� favorable majority vote. E m r R B. Any action by the OAC shall not be effective unless approved by a quorum of the members.The Q OAC quorum shall be a simple majority of its members. o Q SECTION 6. FINANCING OF OAC ADMINISTRATIVE COSTS O L 0 A. The OAC Administrator shall act as the fiscal agent for the OAC and shall hold funds and pay, either directly or through reimbursement, administrative costs related to the OAC ("OAC E as Administrative Costs"). a� a B. Beginning in 2023, each Party shall contribute 10%of its allocation of Opioid Funds to an appropriate fund held by King County Treasury to pay for OAC Administrative Costs. The OAC •0 Administrator shall annually calculate and notify each Party and King County Treasury of the amount of each Party's required contribution. Within 90 (ninety) days of receiving notification, King County Treasury shall transfer the appropriate amounts from each Party's Real Estate o Excise Tax(REET) account to the OAC Administrative Costs fund. King County Treasury and a U a� Party may agree on a procedure other than REET transfer for accepting a Party's contribution. co Y M C. Each Party's share of responsibility for annual OAC Administrative Costs shall be proportionate LO to the number of Opioid Funds the Party received in that year as compared to the amount received by other Parties. a O D. OAC administrative expenses shall not exceed 10%of the Parties' combined annual Opioid 0 Funds received or actual costs, whichever is less. This does not preclude a Party from using 10% of its remaining allocation of Opioid Funds, after it's OAC Administrative Cost contribution, for its own administrative costs as outlined in the MOU and in Section D.10. c 0 U E. Beginning in 2024,the OAC Administrator shall provide the Parties with an annual accounting for the prior year(July 1 to June 30) of all actual OAC Administrative Costs along with the `1 allocation showing each Party's proportionate share of the costs. E F. If the amount contributed by a Party to the OAC Administrative Costs fund under Section 6.13 in a year exceeds that Party's proportionate share of the OAC Administrative Costs for that year, a Page 5 King County Regional Agreement For Opioid Abatement Council Packet Pg. 218 4.J.a King County Treasury shall retain the excess amount in the OAC Administrative Costs fund and reduce that Party's required contribution for the following year by that same amount. Any excess contributions remaining in the fund after termination and payment of all OAC Administrative Costs will be returned to the contributing Party for use as authorized by the o MOU. Q SECTION 7. DURATION This Agreement shall be effective for the time period that the political subdivisions receive payments under any of the Opioid Litigation claims and shall continue to be effective until one year after the final U payment of such funds. _ a� E SECTION 8.TERMINATION R This Agreement shall be self-terminating one year after the final distribution of funds and all reporting Q finalized through or by the Parties to the MOU. o .Q SECTION 9. MODIFICATIONS OR AMENDMENTS L 0 This Agreement may be modified or amended upon written agreement by all participating Parties, except that the OAC may amend the definitions of Opioid Litigation and National Settlement aEi Agreements in order to make this Agreement applicable to future opioid litigation settlements. Any modifications or amendments to the Agreement must be consistent with the terms of the MOU and the Q Settlements. c 0 SECTION 10. HEADINGS The article headings in this Agreement have been inserted solely for the purpose of convenience and c ready reference. In no way do they purport to, and shall not be deemed to, define, limit, or extend the �o scope or intent of the articles to which they appertain. c SECTION 11. ENTIRE AGREEMENT Y M 00 This Agreement may be executed in any number of counterparts, each of which,when so executed and M delivered, shall be an original, but such counterparts shall together constitute but one and the same. v Q This Agreement sets forth the entire agreement between the Parties with respect to the subject matter hereof and supersedes all previous discussions and agreements. Understandings, representations, or o warranties not contained in this Agreement or a written amendment hereto shall not be binding on any Pa rty. r c SECTION 12. SEVERABILITY V c In the event any term or condition of this Agreement or application thereof to any person or Y circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement which can be given effect without the invalid term, condition, or application.To this end E the terms and conditions of this Agreement are declared severable. Q Page 6 King County Regional Agreement For Opioid Abatement Council Packet Pg. 219 4.J.a In the event any portion of this Agreement should become invalid or unenforceable,the remainder of the Agreement shall remain in full force and effect. a� SECTION 13. NON-DISCRIMINATION N 0 z The Parties,their employees, and agents shall not discriminate against any person based on any reason Q prohibited by Washington state or federal law as adopted or subsequently amended. c SECTION 14. COMPLIANCE WITH LAWS 0 v The Parties shall observe all federal, state, and local laws, ordinances, and regulations,to the extent that they may be applicable to the terms of this Agreement. R SECTION 15. GOVERNING LAW;VENUE Q 'o This Agreement has and shall be construed as having been made and delivered in the State of a- O Washington, and the laws of the State of Washington shall be applicable to its construction and `o enforcement. Any action at law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provisions hereto shall be instituted only in courts of competent jurisdiction within E E King County, Washington, unless relocation or commencement elsewhere is required by law. a� Q WHEREFORE,the undersigned executive authorities do hereby approve and adopt the Agreement as set forth herein. o a� Done on this_day of , 2023. r c 0 0 U c Name and Title Y On Behalf Of M co M U Q O c 0 m i r c 0 tU c Y c a� E t v ca Q Page 7 King County Regional Agreement For Opioid Abatement Council Packet Pg. 220 4.K POLICE DEPARTMENT Rafael Padilla, Police Chief 220 Fourth Avenue South KENT Kent, WA 98032 W A S H i N G T O N 253-852-2121 DATE: June 6, 2023 TO: Kent City Council - Committee of the Whole SUBJECT: Purchase of Police Supplies under a Cooperative Purchasing Agreement with the Washington State Department of Enterprise Services - Authorize MOTION: I move to authorize the Police Department to purchase ammunition through the cooperative purchasing agreement the Washington State Department of Enterprise Services has with the San Diego Police Equipment Company, if those purchases are within the City's established budgets and made during the term of the state contract, including any renewals. SUMMARY: The Police Department purchases ammunition from San Diego Police Equipment Company ("San Diego Co.") under the terms of a cooperative purchasing agreement San Diego Co. has with Washington State Department of Enterprise Services ("DES"). The City has entered into an Interlocal Agreement with DES allowing it to cooperatively purchase through contracts the state publicly bids and enters into with various vendors. DES allows local governments to leverage their spending power through a single solicitation to obtain best value pricing and more superior contract terms than the agencies could often obtain on their own. Purchases through a cooperative contract are exempt from the City's competitive process bid requirements under KCC 3.70.110.F. On January 1, 2017, DES entered into a contract with San Diego Co. for ammunition, which is currently effective through December 31, 2023. A copy of this cooperative contract is attached. On August 30, 2022, the Mayor approved the purchase of ammunition under this cooperative contract up to $100,000. Upcoming purchases will exceed this approved amount and supply chain issues necessitate purchasing ammunition two to three months in advance. For these reasons, this is before Council to approve future purchases under this contract in accordance with budgets previously established and approved by Council. BUDGET IMPACT: Included in the current budget and there will be a cost savings by utilizing this vendor. Packet Pg. 221 4.K SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Master Contract for Ammunition - DES and San Diego Police Equipment Co (PDF) Packet Pg. 222 4.K.a R L 3 N MASTER CONTRACT m .Q sZ No. 02616 U) as 0 a AMMUNITION — m N R t V L For Use by Eligible Purchasers (L Go LO M O U r By and Between E a .3 :s w STATE OF WASHINGTON COi DEPARTMENT OF ENTERPRISE SERVICES d O d and c R U) c SAN DIEGO POLICE EQUIPMENT COMPANY,INC. LU C C 3 E Dated January 1, 2017 E Q L O W Y V L r O U L r N R C N E t V Q Packet Pg. 223 4.K.a MASTER CONTRACT L No. 02616 c AMMUNITION rn 0 .Q sZ This Master Contract ("Master Contract") is made and entered into by and between the State of U) 0 Washington acting by and through the Department of Enterprise Services, a Washington State 2 governmental agency ("Enterprise Services") and San Diego Police Equipment Company, Inc. a California 1L Corporation ("Contractor") and is dated as of January 1, 2017. o 0 N RECITALS z U L A. Pursuant to Legislative direction codified in RCW chapter 39.26, Enterprise Services, on a behalf of the State of Washington, is authorized to develop, solicit, and establish master contracts for goods and/or services for general use by Washington state agencies and Go LO certain other entities (eligible purchasers). 0 B. On behalf of the State of Washington, Enterprise Services, as part of a competitive v r governmental procurement, issued Invitation For Bid No. 02616 dated September 14, 2016 regarding Ammunition. E a C. Enterprise Services evaluated all responses to the Invitation For Bid and identified a w Contractor as an apparent successful bidder. 0 D. Enterprise Services has determined that entering into this Master Contract will meet the 0 identified needs and be in the best interest of the State of Washington. 0 a) E. The purpose of this Master Contract is to enable eligible purchasers to purchase the m 0 goods and/or services as set forth herein. c R U) AGREEMENT ca Now THEREFORE, in consideration of the mutual promises, covenants, and conditions set forth herein, the Cn W parties hereto hereby agree as follows: o c 1. TERM. The term of this Master Contract is fixed for seventy-two (72) months commencing January 1, 2017 and ending December 31, 2023. E 2. ELIGIBLE PURCHASERS. This Master Contract may be utilized b an of the following t E y y y g types of entities Q ("Purchaser"): o w 2.1.WASHINGTON STATE AGENCIES. This Master Contract may be utilized by: R L ■ Washington state agencies, departments, offices, divisions, boards, and o commission; and v L ■ Any of the following institutions of higher education: state universities, regional y universities, state college, community colleges, and technical colleges. 2.2.MCUA PARTIES. This Master Contract also may be utilized by any of the following types of entities that have executed a Master Contract Usage Agreement with Enterprise Services: E ■ Political subdivisions (e.g., counties, cities, school districts, public utility districts); Q MASTER CONTRACT No.02616-AMMUNITION (Rev.8-15-2016) 2 Packet Pg. 224 4.K.a ■ Federal governmental agencies or entities; ■ Public-benefit nonprofit corporations (i.e., § 501(c)(3) nonprofit corporations that receive federal,state, or local funding); and ■ Federally-recognized Indian Tribes located in the State of Washington. .Q 3. SCOPE—INCLUDED GOODS,PRICE,AND SPECIFICATIONS. U) 3.1.CONTRACT SCOPE. Pursuant to this Master Contract, Contractor is authorized to sell only those 0 goods and/or services set forth in ExhibitA —Included Goods for the prices also set forth in 0 IL Exhibit A. Contractor shall not represent to any Purchaser under this Master Contract that o Contractor has contractual authority to sell any goods and/or services beyond those set fn forth in Exhibit A — Included Goods/Services. Goods must conform to the specifications set z forth in Exhibit B—Ammunition Specifications. a. 3.2.STATERS ABILITY TO MODIFY SCOPE OF MASTER CONTRACT. Subject to mutual agreement between the parties, Enterprise Services reserves the right to modify the goods and/or services included 00 in this Master Contract; Provided, however, that any such modification shall be effective only upon thirty (30) days advance written notice; and Provided further, that any such G U modification must be within the scope of this Master Contract. m 3.3.ECONOMIC ADJUSTMENT. Pricing will remain firm and fixed for the initial term of the contract. E a After twenty-four(24) months, the prices set forth in Exhibit B shall be adjusted, based uponCT 3 the percent changes (whether up or down) in the United States Department of Labor, w Bureau of Labor and Statistics (BLS) indices described below, for the most recent year. 4) Economic adjustment will lag one (1) calendar quarter past the Contract commencement a date to allow for publication of BLS data. All calculations for the index shall be based upon G the latest version of final data published as of November each year (preliminary data will m not be used). Prices shall be adjusted on February 1, 2019 and annually on February 1 c thereafter. If an index is recoded, and the replacement is a direct substitute according to U) the BLS, this Contract will instead use the recode. If an index becomes unavailable, -0 Enterprise Services shall substitute a proxy index. If there is not a direct substitute, the next M higher aggregate index available will be used. The economic adjustment shall be calculated w as follows: New Price = Old Price x(Current Period Index/Base Period Index). o .E The following final data from this US BLS index will be inserted in the formula above: E E Q Small arms ammunition mfg. PCU3329923329920 Jo U L r 0 3.4.PRICE CEILING. Although Contractor may offer lower prices to Purchasers, during the term of this v L Master Contract, Contractor guarantees to provide the Goods/Services at no greater than y the prices set forth in Exhibit B—Prices for Goods/Services (subject to economic adjustment as set forth herein). ; c 3.5.MASTER CONTRACT INFORMATION. Enterprise Services shall maintain and provide information E regarding this Master Contract, including scope and pricing, to eligible Purchasers. ca a MASTER CONTRACT No.02616-AMMUNITION (Rev.8-15-2016) 3 Packet Pg. 225 4.K.a 4. CONTRACTOR REPRESENTATIONS AND WARRANTIES. Contractor makes each of the following representations and warranties as of the effective date of this Master Contract and at the time any order is placed pursuant to this Master Contract. If, at the time of any such order, Contractor cannot make such representations and warranties, Contractor shall not process any orders and shall, y within three (3) business days notify Enterprise Services, in writing, of such breach. m Q 0. 4.1.QUALIFIED TO Do BUSINESS. Contractor represents and warrants that it is in good standing and qualified to do business in the State of Washington, that it possesses and shall keep current m all required licenses and/or approvals, and that it is current, in full compliance, and has paid 2 0 all applicable taxes owed to the State of Washington. a 4- 0 4.2.SUSPENSION& DEBARMENT. Contractor represents and warrants that neither it nor its principals or N affiliates presently are debarred, suspended, proposed for debarment, declared ineligible, z or voluntarily excluded from participation in any governmental contract by any governmental department or agency within the United States. a 4.3.QUALITY OF GOODS OR SERVICES. Contractor represents and warrants that any goods and/or Go services sold pursuant to this Master Contract shall be merchantable, shall conform to this Master Contract and Purchaser's Purchase Order, shall be fit and safe for the intended 0 purposes, shall be free from defects in materials and workmanship, and shall be produced and delivered in full compliance with applicable law. Contractor further represents and m warrants it has clear title to the goods and that the same shall be delivered free of liens and Q- encumbrances and that the same do not infringe any third party patent. Upon breach of a warranty, Contractor will repair or replace (at no charge to Purchaser) any goods and/or d services whose nonconformance is discovered and made known to the Contractor. If, in 2 Purchaser's judgment, repair or replacement is inadequate, or fails of its essential purpose, (L Contractor will refund the full amount of any payments that have been made. The rights M and remedies of the parties under this warranty are in addition to any other rights and 2 0 remedies of the parties provided by law or equity, including, without limitation, actual damages, and, as applicable and awarded under the law, to a prevailing party, reasonable U) attorneys' fees and costs. 4.4.PROCUREMENT ETHICS& PROHIBITION ON GIFTS. Contractor represents and warrants that it complies W fully with all applicable procurement ethics restrictions including, but not limited to, restrictions against Contractor providing gifts or anything of economic value, directly or 0 indirectly, to Purchasers' employees. 4.5.WASHINGTON's ELECTRONIC BUSINESS SOLUTION (WEBS). Contractor represents and warrants that it is E registered in Washington's Electronic Business Solution (WEBS), Washington's contract E Q registration system and that, all of its information therein is current and accurate and that o throughout the term of this Master Contract, Contractor shall maintain an accurate profile in WEBS. r c 4.6.STATEWIDE PAYEE DESK. Contractor represents and warrants that it is registered with the 0 U Statewide Payee Desk, which registration is a condition to payment. r 4.7.MASTER CONTRACT PROMOTION; ADVERTISING AND ENDORSEMENT. Contractor represents and warrants that it shall use commercially reasonable efforts both to promote and market the use of this Master Contract with eligible Purchasers and to ensure that those entities that utilize this Master Contract are eligible Purchasers. Contractor understands and acknowledges that E neither Enterprise Services nor Purchasers are endorsing Contractor's goods and/or services or suggesting that such goods and/or services are the best or only solution to their needs. Q MASTER CONTRACT NO.02616-AMMUNITION (Rev.8-15-2016) 4 Packet Pg. 226 4.K.a Accordingly, Contractor represents and warrants that it shall make no reference to R Enterprise Services, any Purchaser, or the State of Washington in any promotional material without the prior written consent of Enterprise Services. 3 4.8.MASTER CONTRACT TRANSITION. Contractor represents and warrants that, in the event this Master rn m Contract or a similar contract, is transitioned to another contractor (e.g., Master Contract Q 0. expiration or termination), Contractor shall use commercially reasonable efforts to assist Enterprise Services for a period of sixty (60) days to effectuate a smooth transition to m another contractor to minimize disruption of service and/or costs to the State of 2 Washington. a 4- 0 S. USING THE MASTER CONTRACT—PURCHASES. cv t 5.1.ORDERING REQUIREMENTS. Eligible Purchasers shall order goods and/or services from this Master 2 Contract, consistent with the terms hereof and by using any ordering mechanism agreeable a both to Contractor and Purchaser but, at a minimum, including the use of a purchase order. When practicable, Contractor and Purchaser also shall use telephone orders, email orders, M web-based orders, and similar procurement methods (collectively "Purchaser Order"). All order documents must reference the Master Contract number. �j r 5.2.DELIVERY REQUIREMENTS. Contractor must ensure that delivery of goods and/or services will be made as required by this Master Contract, the Purchase Order used by Purchasers, or as a otherwise mutually agreed in writing between the Purchaser and Contractor. The following a apply to all deliveries: w d (a) Contractor shall make all deliveries to the applicable delivery location specified 'o in the Purchase Order. Such delivers shall occur during Purchaser's normal work a hours and within the time period mutually agreed in writing between Purchaser m and Contractor at the time of order placement. p (b) Contractor shall ship all goods and/or services purchased pursuant to this Master Contract, freight charges prepaid by Contractor, FOB Purchaser's specified destination with all transportation and handling charges included. c�a Contractor shall bear all risk of loss, damage, or destruction of the goods and/or w services ordered hereunder that occurs prior to delivery, except loss or damage attributable to Purchaser's fault or negligence. r_ 0 (c) All packing lists, packages, instruction manuals, correspondence, shipping notices, shipping containers, and other written materials associated with this E E Master Contract shall be identified by the Master Contract number set forth on Q the cover of this Master Contract and the applicable Purchaser's Purchase Order o number. Packing lists shall be enclosed with each shipment and clearly identify all contents and any backorders. i r 5.3.RECEIPT AND INSPECTION OF GOODS AND/OR SERVICES. Goods and/or services purchased under this o Master Contract are subject to Purchaser's reasonable inspection, testing, and approval at v a� Purchaser's destination. Purchaser reserves the right to reject and refuse acceptance of w goods and/or services that are not in accordance with this Master Contract and Purchaser's R Purchase Order. Purchaser may charge Contractor for the cost of inspecting rejected goods. If there are any apparent defects in the goods and/or services at the time of delivery, E Purchaser promptly will notify Contractor. At Purchaser's option, and without limiting any other rights, Purchaser may require Contractor to repair or replace, at Contractor's expense, Q MASTER CONTRACT No.02616-AMMUNITION (Rev.8-15-2016) 5 Packet Pg. 227 4.K.a any or all of the damaged goods and/or services or, at Purchaser's option, Purchaser may note any damage to the goods and/or services on the receiving report, decline acceptance, and deduct the cost of rejected goods and/or services from final payment. Payment for any goods under such Purchase Order shall not be deemed acceptance of the goods. y m 5.4.ON SITE REQUIREMENTS. While on Purchaser's premises, Contractor, its agents, employees, or a subcontractors shall comply, in all respects, with Purchaser's physical, fire, access, or other security requirements. m 6. INVOICING&PAYMENT. d O 6.1.CONTRACTOR INVOICE. Contractor shall submit to Purchaser's designated invoicing contact N properly itemized invoices. Such invoices shall itemize the following: z U (a) Master Contract No.02616 a (b) Contractor name, address, telephone number, and email address for billing issues (i.e., Contractor Customer Service Representative) 00 (c) Contractor's Federal Tax Identification Number 0 (d) Date(s)of delivery v r c (e) Invoice amount; and m E (f) Payment terms, including any available prompt payment discounts. 0' .3 Contractor's invoices for payment shall reflect accurate Master Contract prices. Invoices will w not be processed for payment until receipt of a complete invoice as specified herein. V 6.2.PAYMENT. Payment is the sole responsibility of, and will be made by, the Purchaser. Payment is o a due within thirty (30) days of invoice. If Purchaser fails to make timely payment(s), M Contractor may invoice Purchaser in the amount of one percent (1%) per month on the 2 0 amount overdue or a minimum of $1. Payment will not be considered late if a check or warrant is mailed within the time specified. U) 6.3.OVERPAYMENTS. Contractor promptly shall refund to Purchaser the full amount of any erroneous cOa payment or overpayment. Such refunds shall occur within thirty (30) days of written notice w to Contractor; Provided, however, that Purchaser shall have the right to elect to have either direct payments or written credit memos issued. If Contractor fails to make timely 0 payment(s) or issuance of such credit memos, Purchaser may impose a one percent(1%) per += c month on the amount overdue thirty (30) days after notice to the Contractor. 3 E 6.4.NO ADVANCE PAYMENT. NO advance payments shall be made for any products or services E Q furnished by Contractor pursuant to this Master Contract. o w 6.5.No ADDITIONAL CHARGES. Unless otherwise specified herein, Contractor shall not include or U impose any additional charges including, but not limited to, charges for shipping, handling, or payment processing. 0 U 6.6.TAxEs/FEES. Contractor promptly shall pay all applicable taxes on its operations and activities pertaining to this Master Contract. Failure to do so shall constitute breach of this Master Contract. Unless otherwise agreed, Purchaser shall pay applicable sales tax imposed by the State of Washington on purchased goods and/or services. Contractor, however, shall not make any charge for federal excise taxes and Purchaser agrees to furnish Contractor with an E exemption certificate where appropriate. Q MASTER CONTRACT No.02616-AMMUNITION (Rev.8-15-2016) 6 Packet Pg. 228 4.K.a 7. CONTRACT MANAGEMENT. 7.1.CONTRACT ADMINISTRATION & NOTICES. Except for legal notices, the parties hereby designate the following contract administrators as the respective single points of contact for purposes of this Master Contract. Enterprise Services' contract administrator shall provide Master m Contract oversight. Contractor's contract administrator shall be Contractor's principal Q contact for business activities under this Master Contract. The parties may change contractor administrators by written notice as set forth below. 0) Any notices required or desired shall be in writing and sent by U.S. mail, postage prepaid, or 0 IL sent via email, and shall be sent to the respective addressee at the respective address or o email address set forth below or to such other address or email address as the parties may y specify in writing: z U Enterprise Services Contractor a Attn: Melanie Williams Attn: _Ryan King Washington Dept. of Enterprise Services _San Diego Police Equipment Co. Inc._ Go LO PO Box 41411 _8205-A Ronson Road Olympia, WA 98504-1411 _San Diego, CA 92111 0 U Tel: (360)407-9399 Tel: (858)974-8500 m Email: Melanie.Williams@des.wa.gov Email: ryan@sandiegopoliceequipment.com E a Notices shall be deemed effective upon the earlier of receipt, if mailed, or, if emailed, upon a transmission to the designated email address of said addressee. w d 2 7.2.CONTRACTOR CUSTOMER SERVICE REPRESENTATIVE. Contractor shall designate a customer service o representative (and inform Enterprise Services of the same) who shall be responsible for a 0 addressing Purchaser issues pertaining to this Master Contract. 7.3.LEGAL NOTICES. Any legal notices required or desired shall be in writing and delivered by U.S. 0 certified mail, return receipt requested, postage prepaid, or sent via email, and shall be sent U) to the respective addressee at the respective address or email address set forth below or to such other address or email address as the parties may specify in writing: f° U) Lu Enterprise Services Contractor o Attn: Legal Services Manager Attn: _Tina Baker o Washington Dept. of Enterprise Services _San Diego Police Equipment Co. Inc._ PO Box 41411 _8205-A Ronson Road Olympia, WA 98504-1411 _San Diego, CA 92111 E E Email: greg.tolbert@des.wa.gov Tel: (858)974-8500 Q L Email: tina@sandiegopoliceequipment.com 'O U Notices shall be deemed effective upon the earlier of receipt when delivered, or, if mailed, `° upon return receipt, or, if emailed, upon transmission to the designated email address of o said addressee. v L r to 8. CONTRACTOR SALES REPORTING;VENDOR MANAGEMENT FEE;&CONTRACTOR REPORTS. 8.1.MASTER CONTRACT SALES REPORTING. Contractor shall report total Master Contract sales quarterly N to Enterprise Services, as set forth below. E (a) Master Contract Sales Reporting System. Contractor shall report quarterly Master Contract sales in Enterprise Services' Master Contract Sales Reporting Q MASTER CONTRACT No.02616-AMMUNITION (Rev.8-15-2016) 7 Packet Pg. 229 4.K.a vendor number. The password and vendor number will be provided to the Sales Reporting Representative(s) listed on Contractor's Bidder Profile. (b) Data. Each sales report must identify every authorized Purchaser by name as it is known to Enterprise Services and its total combined sales amount invoiced during the reporting period (i.e., sales of an entire agency or political Q subdivision, not its individual subsections). The "Miscellaneous" option may be used only with prior approval by Enterprise Services. Upon request, Contractor m shall provide contact information for all authorized purchasers specified herein 2 0 during the term of the Master Contract. If there are no Master Contract sales a during the reporting period, Contractor must report zero sales. 0 a� N (c) Due dates for Master Contract Sales Reporting. Quarterly Master Contract Sales Reports must be submitted electronically by the following deadlines for all sales invoiced during the applicable calendar quarter: a MASTER CONTRACT LO 00 FOR CALENDAR QUARTER ENDING SALES REPORT DUE - O March 31: April 30 v r c June 30: July 31 E E a September 30: October 31 a w December 31: January 31 8.2.VENDOR MANAGEMENT FEE. Contractor shall pay to Enterprise Services a vendor management fee °a ("VMF") of 0.74 percent on the purchase price for all Master Contract sales (the purchase 0 M price is the total invoice price less applicable sales tax). m 0 (a) The sum owed by Contractor to Enterprise Services as a result of the VMF is c�v U) calculated as follows: c Amount owed to Enterprise Services = Total Master Contract f° Cn sales invoiced (not including sales tax)x.0074. w a (b) The VMF must be rolled into Contractor's current pricing. The VMF must not be c shown as a separate line item on any invoice unless specifically requested and approved by Enterprise Services. E (c) Enterprise Services will invoice Contractor quarterly based on Master Contract E sales reported by Contractor. Contractors are not to remit payment until they receive an invoice from Enterprise Services. Contractor's VMF payment to 12 E Enterprise Services must reference this Master Contract number, work request i number (if applicable), the year and quarter for which the VMF is being c remitted, and the Contractor's name as set forth in this Master Contract, if not v already included on the face of the check. N (d) Failure to accurately report total net sales, to submit a timely usage report, or remit timely payment of the VMF, may be cause for Master Contract termination or the exercise of other remedies provided by law. Without limiting any other available remedies,the Parties agree that Contractor's failure to remit to Enterprise Services timely payment of the VMF shall obligate Contractor to Q MASTER CONTRACT No.02616-AMMUNITION (Rev.8-1S-2016) 8 Packet Pg. 230 4.K.a pay to Enterprise Services, to offset the administrative and transaction costs incurred by the State to identify, process, and collect such sums the sum of $200.00 or twenty-five percent (25%) of the outstanding amount, whichever is greater, or the maximum allowed by law, if less. ' m (e) Enterprise Services reserves the right, upon thirty (30) days advance written Q notice,to increase, reduce, or eliminate the VMF for subsequent purchases, and reserves the right to renegotiate Master Contract pricing with Contractor when m any subsequent adjustment of the VMF might justify a change in pricing. 2 0 a. 8.3.ANNUAL MASTER CONTRACT SALES REPORT. Contractor shall provide to Enterprise Services a detailed o annual Master Contract sales report. Such report shall include, at a minimum: Product y description, part number or other Product identifier, per unit quantities sold, and Master z Contract price. This report must be provided in an electronic format that can be read by MS Excel. li 8.4.SMALL BUSINESS INCLUSION. Upon Request by Enterprise Services, Contractor shall provide, within Go thirty (30) days, an Affidavit of Amounts Paid. Such Affidavit of Amounts Paid either shall state, if applicable, that Contractor still maintains its MWBE certification or state that its 0 subcontractor(s) still maintain(s) its/their MWBE certification(s) and specify the amounts paid to each certified MWBE subcontractor under this Master Contract. Contractor shall m maintain records supporting the Affidavit of Amounts Paid in accordance with this Master Q- Contract's records retention requirements. a w CD 9. RECORDS RETENTION&AUDITS. v 0 9.1.RECORDS RETENTION. Contractor shall maintain books, records, documents, and other evidence a 0 pertaining to this Master Contract and orders placed by Purchasers under it to the extent m and in such detail as shall adequately reflect performance and administration of payments o and fees. Contractor shall retain such records for a period of six (6) years following expiration or termination of this Master Contract or final payment for any order placed by a Purchaser against this Master Contract, whichever is later; Provided, however, that if any litigation, claim, or audit is commenced prior to the expiration of this period, such period Cn w shall extend until all such litigation, claims, or audits have been resolved. 9.2.AUDIT. Enterprise Services reserves the right to audit, or have a designated third party audit, o applicable records to ensure that Contractor has properly invoiced Purchasers and that c Contractor has paid all applicable contract management fees. Accordingly, Contractor shall ' E permit Enterprise Services, any Purchaser, and any other duly authorized agent of a E Q governmental agency, to audit, inspect, examine, copy and/or transcribe Contractor's o books, documents, papers and records directly pertinent to this Master Contract or orders placed by a Purchaser under it for the purpose of making audits, examinations, excerpts, i and transcriptions. This right shall survive for a period of six(6)years following expiration or o termination of this Master Contract or final payment for any order placed by a Purchaser c) L against this Master Contract, whichever is later; Provided, however, that if any litigation, claim, or audit is commenced prior to the expiration of this period, such period shall extend until all such litigation, claims, or audits have been resolved. c 9.3.OVERPAYMENT OF PURCHASES OR UNDERPAYMENT OF FEES. Without limiting any other remedy E available to any Purchaser, Contractor shall (a) reimburse Purchasers for any overpayments inconsistent with the terms of this Master Contract or orders, at a rate of 125% of such Q MASTER CONTRACT No.02616-AMMUNITION (Rev.8-15-2016) 9 Packet Pg. 231 4.K.a overpayments, found as a result of the examination of the Contractor's records; and (b) reimburse Enterprise Services for any underpayment of fees, at a rate of 125% of such fees found as a result of the examination of the Contractor's records (e.g., if Contractor underpays the Vendor Management Fee by $500, Contractor would be required to pay to ' m Enterprise Services$500 x 1.25 =$625). — .Q a 10. INSURANCE. U) m 10.1. REQUIRED INSURANCE. During the Term of this Master Contract, Contractor, at its expense, shall maintain in full force and effect the insurance coverages set forth in Exhibit C — li Insurance Requirements. o a� 10.2. WORKERS COMPENSATION. Contractor shall comply with applicable workers compensation statutes and regulations (e.g., RCW Title 51, Industrial Insurance). If Contractor fails to 2 provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its li employees as may be required by law, Enterprise Services may terminate this Master Go Contract. This provision does not waive any of the Washington State Department of Labor M and Industries (L&I) rights to collect from Contractor. In addition, Contractor waives its immunity under RCW Title 51 to the extent it is required to indemnify, defend, and hold C) harmless the State of Washington and its agencies, officials, agents, or employees. E 11. CLAIMS. •3 a CT 11.1. ASSUMPTION OF RISKS; CLAIMS BETWEEN THE PARTIES. Contractor assumes sole responsibility and LU N all risks of personal injury or property damage to itself and its employees, agents, and Contractors in connection with Contractor's operations under this Master Contract. °a Enterprise Services has made no representations regarding any factor affecting Contractor's °a� risks. Contractor shall pay for all damage to any Purchaser's property resulting directly or indirectly from its acts or omissions under this Master Contract, even if not attributable to negligence by Contractor or its agents. U) 11.2. THIRD-PARTY CLAIMS; INDEMNITY. To the fullest extent permitted by law, Contractor shall cc defend, indemnify, and hold harmless Enterprise Services and any Purchaser and their w employees and agents from and against all claims, demands, judgments, assessments, o damages, penalties, fines, costs, liabilities or losses including, without limitation, sums paid c in settlement of claims, attorneys' fees, consultant fees, and expert fees (collectively "claims") arising from any act or omission of Contractor or its successors, agents, and subcontractors under this Master Contract, except claims caused solely by Enterprise E E Services or any Purchasers' negligence. Contractor shall take all steps needed to keep Q Purchaser's property free of liens arising from Contractor's activities, and promptly obtain or ,o bond the release of any such liens that may be filed. U L r 12. DISPUTE RESOLUTION. The parties shall cooperate to resolve any dispute pertaining to this Master o Contract efficiently, as timely as practicable, and at the lowest possible level with authority to ci resolve such dispute. If, however, a dispute persists and cannot be resolved, it may be escalated y r within each organization. In such situation, upon notice by either party, each party, within five (5) business days shall reduce its description of the dispute to writing and deliver it to the other party. The receiving party then shall have three (3) business days to review and respond in writing. In the event that the parties cannot then agree on a resolution of the dispute, the parties shall schedule a conference between the respective senior managers of each organization to attempt to resolve the Q MASTER CONTRACT No.02616-AMMUNITION (Rev.8-15-2016) 10 Packet Pg. 232 4.K.a dispute. In the event the parties cannot agree, either party may resort to court to resolve the R dispute. c 13. SUSPENSION&TERMINATION;REMEDIES. � rn d 13.1. SUSPENSION & TERMINATION FOR DEFAULT. Enterprise Services may suspend Contractor's Q om operations under this Master Contract immediately by written cure notice of any default. Suspension shall continue until the default is remedied to Enterprise Services' reasonable satisfaction; Provided, however, that, if after thirty (30) days from such a suspension notice, Contractor remains in default, Enterprise Services may terminate Contractor's rights under IL this Master Contract. All of Contractor's obligations to Enterprise Services and Purchasers o survive termination of Contractor's rights under this Master Contract, until such obligations have been fulfilled. U L 13.2. DEFAULT. Each of the following events shall constitute default of this Master Contract by a Contractor: Go (a) Contractor fails to perform or comply with any of the terms or conditions of this !i Master Contract including, but not limited to, Contractor's obligation to pay contract management fees when due; v r c (b) Contractor breaches any representation or warranty provided herein; or E (c) Contractor enters into proceedings relating to bankruptcy, whether voluntary or Q' .3 involuntary. a w 13.3. REMEDIES FOR DEFAULT. v (a) Enterprise Services' rights to suspend and terminate Contractor's rights under this a Master Contract are in addition to all other available remedies. m (b) In the event of termination for default, Enterprise Services may exercise any o remedy provided by law including, without limitation, the right to procure for all R Purchasers replacement goods and/or services. In such event, Contractor shall be liable to Enterprise Services for damages as authorized by law including, but not cc limited to, any price difference between the Master Contract price and the Cn w replacement or cover price as well as any administrative and/or transaction costs directly related to such replacement procurement — e.g., the cost of the o competitive procurement. c 13.4. LIMITATION ON DAMAGES. Notwithstanding any provision to the contrary, the parties agree E that in no event shall any party or Purchaser be liable to the other for exemplary or punitive E damages. o w 13.5. GOVERNMENTAL TERMINATION. j R (a) Termination for Withdrawal of Authority. Enterprise Services may suspend or terminate this Master Contract if, during the term hereof, Enterprise Services' v procurement authority is withdrawn, reduced, or limited such that Enterprise r Services, in its judgment, would lack authority to enter into this Master Contract; Provided, however, that such suspension or termination for withdrawal of authority shall only be effective upon twenty (20) days prior written notice; and Provided c further, that such suspension or termination for withdrawal of authority shall not E relieve any Purchaser from payment for goods and/or services already ordered as of the effective date of such notice. Except as stated in this provision, in the event a MASTER CONTRACT No.02616-AMMUNITION (Rev.8-15-2016) 11 Packet Pg. 233 4.K.a of such suspension or termination for withdrawal of authority, neither Enterprise R Services nor any Purchaser shall have any obligation or liability to Contractor. (b) Termination for Convenience. Enterprise Services, for convenience, may terminate this Master Contract; Provided, however, that such termination for convenience must, in Enterprise Services' judgment, be in the best interest of the State of Q Washington; and Provided further, that such termination for convenience shall only be effective upon sixty (60) days prior written notice; and Provided further, that U) m such termination for convenience shall not relieve any Purchaser from payment for 2 goods and/or services already ordered as of the effective date of such notice. a- Except as stated in this provision, in the event of such termination for convenience, o neither Enterprise Services nor any Purchaser shall have any obligation or liability U) to Contractor. U L 13.6. TERMINATION PROCEDURE. Regardless of basis, in the event of suspension or termination (in d full or in part), the parties shall cooperate to ensure an orderly and efficient suspension or Go termination. Accordingly, Contractor shall deliver to Purchasers all goods and/or services LO that are complete (or with approval from Enterprise Services, substantially complete) and Purchasers shall inspect, accept, and pay for the same in accordance with this Master �j Contract and the applicable Purchase Order. Unless directed by Enterprise Services to the contrary, Contractor shall not process any orders after notice of suspension or termination E 0_ inconsistent therewith. 3 a w 14. GENERAL PROVISIONS. v 14.1. TIME IS OF THE ESSENCE. Time Is of the essence for each and every provision of this Master a Contract. 0 M m 14.2. COMPLIANCE WITH LAW. Contractor shall comply with all applicable law. p c 14.3. INTEGRATED AGREEMENT. This Master Contract constitutes the entire agreement and understanding of the parties with respect to the subject matter and supersedes all prior negotiations, representations, and understandings between them. There are no representations or understandings of any kind not set forth herein. w a 14.4. AMENDMENT OR MODIFICATION. Except as set forth herein, this Master Contract may not be amended or modified except in writing and signed by a duly authorized representative of 0 each party hereto. E 14.5. AUTHORITY. Each party to this Master Contract, and each individual signing on behalf of each E party, hereby represents and warrants to the other that it has full power and authority to Q L enter into this Master Contract and that its execution, delivery, and performance of this 12 Master Contract has been fully authorized and approved, and that no further approvals or U consents are required to bind such party. 0 14.6. No AGENCY. The parties agree that no agency, partnership, or joint venture of any kind shall v L be or is intended to be created by or under this Master Contract. Neither party is an agent N of the other party nor authorized to obligate it. 14.7. ASSIGNMENTS. Contractor may not assign its rights under this Master Contract without Enterprise Services' prior written consent and Enterprise Services may consider any E attempted assignment without such consent to be void; Provided, however, that, if Contractor provides written notice to Enterprise Services within thirty (30) days, Contractor Q MASTER CONTRACT No.02616-AMMUNITION (Rev.8-15-2016) 12 Packet Pg. 234 4.K.a may assign its rights under this Master Contract in full to any parent, subsidiary, or affiliate of Contractor that controls or is controlled by or under common control with Contractor, is merged or consolidated with Contractor, or purchases a majority or controlling interest in the ownership or assets of Contractor. Unless otherwise agreed, Contractor guarantees ' prompt performance of all obligations under this Master Contract notwithstanding any prior m assignment of its rights. a 14.8. BINDING EFFECT; SUCCESSORS & ASSIGNS. This Master Contract shall be binding upon and shall m inure to the benefit of the parties hereto and their respective successors and assigns. •o 14.9. PUBLIC INFORMATION, This Master Contract and all related documents are subject to public - disclosure as required by Washington's Public Records Act, RCW chapter 42.56. y 14.10. ASSIGNMENT OF ANTITRUST RIGHTS REGARDING PURCHASED GOODS/SERVICES. Contractor Irrevocably v assigns to Enterprise Services, on behalf of the State of Washington, any claim for relief or a cause of action which the Contractor now has or which may accrue to the Contractor in the future by reason of any violation of state or federal antitrust laws in connection with any Go goods and/or services provided in Washington for the purpose of carrying out the Contractor's obligations under this Master Contract, including, at Enterprise Services' v option,the right to control any such litigation on such claim for relief or cause of action. m 14.11. FEDERAL FUNDS. To the extent that any Purchaser uses federal funds to purchase goods E and/or services pursuant to this Master Contract, such Purchaser shall specify, with its order, any applicable requirement or certification that must be satisfied by Contractor at the w time the order is placed or upon delivery. CD 14.12. SEVERABILITY a. If any provision of this Master Contract is held to be invalid or unenforceable, ° such provision shall not affect or invalidate the remainder of this Master Contract, and to G a� this end the provisions of this Master Contract are declared to be severable. If such m 0 invalidity becomes known or apparent to the parties, the parties agree to negotiate promptly in good faith in an attempt to amend such provision as nearly as possible to be U) consistent with the intent of this Master Contract. c ca 14.13. WAIVER. Failure of either party to insist upon the strict performance of any of the terms and Cn w conditions hereof, or failure to exercise any rights or remedies provided herein or by law, or to notify the other party in the event of breach, shall not release the other party of any of its o obligations under this Master Contract, nor shall any purported oral modification or rescission of this Master Contract by either party operate as a waiver of any of the terms hereof. No waiver by either party of any breach, default, or violation of any term, warranty, E E representation, contract, covenant, right, condition, or provision hereof shall constitute Q L waiver of any subsequent breach, default, or violation of the same or other term, warranty, ,O representation, contract, covenant, right, condition, or provision. U L 14.14. SURVIVAL. All representations, warranties, covenants, agreements, and indemnities set forth o in or otherwise made pursuant to this Master Contract shall survive and remain in effect c) following the expiration or termination of this Master Contract, Provided, however, that nothing herein is intended to extend the survival beyond any applicable statute of limitations periods. c 14.15. GOVERNING LAW. The validity, construction, performance, and enforcement of this Master E Contract shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its choice of law rules. Q MASTER CONTRACT No.02616-AMMUNITION (Rev.8-15-2016) 13 Packet Pg. 235 4.K.a 14.16. JURISDICTION &VENUE. In the event that any action is brought to enforce any provision of this Master Contract, the parties agree to submit to exclusive in personam jurisdiction in L m Thurston County Superior Court for the State of Washington and agree that in any such action venue shall lie exclusively at Olympia,Washington. ' m 14.17. ATTORNEYS' FEES. Should any legal action or proceeding be commenced by either party in Q order to enforce this Master Contract or any provision hereof, or in connection with any alleged dispute, breach, default, or misrepresentation in connection with any provision 0) herein contained, the prevailing party shall be entitled to recover reasonable attorneys' fees — 0 and costs incurred in connection with such action or proceeding, including costs of pursuing a- or defending any legal action, including, without limitation, any appeal, discovery, or 0 4) negotiation and preparation of settlement arrangements, in addition to such other relief as z may be granted. U L 14.18. FAIR CONSTRUCTION & INTERPRETATION. The provisions of this Master Contract shall be a- construed as a whole according to their common meaning and not strictly for or against any Go party and consistent with the provisions contained herein in order to achieve the objectives LO and purposes of this Master Contract. Each party hereto and its counsel has reviewed and i revised this Master Contract and agrees that the normal rules of construction to the effect v that any ambiguities are to be resolved against the drafting party shall not be construed in m the interpretation of this Master Contract. Each term and provision of this Master Contract E to be performed by either party shall be construed to be both a covenant and a condition. 3 a 14.19. FURTHER ASSURANCES. In addition to the actions specifically mentioned in this Master 0 Contract,the parties shall each do whatever may reasonably be necessary to accomplish the 2 transactions contemplated in this Master Contract including, without limitation, executing 0 a any additional documents reasonably necessary to effectuate the provisions and purposes M of this Master Contract. mo 14.20. EXHIBITS. All exhibits referred to herein are deemed to be incorporated in this Master Contract in their entirety. c 14.21. CAPTIONS& HEADINGS. The captions and headings in this Master Contract are for convenience n only and are not intended to, and shall not be construed to, limit, enlarge, or affect the w 0 scope or intent of this Master Contract nor the meaning of any provisions hereof. 0 14.22. ELECTRONIC SIGNATURES. A signed copy of this Master Contract or any other ancillary agreement transmitted by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this E E Master Contract or such other ancillary agreement for all purposes. Q L W Y V L r 0 U L r to t9 C N E t V t4 Q MASTER CONTRACT No.02616-AMMUNITION (Rev.8-15-2016) 14 Packet Pg. 236 4.K.a 14.23. COUNTERPARTS. This Master Contract may be executed in any number of counterparts, each of which shall be deemed an original and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Master Contract at different times and places by the parties shall not affect the validity ' thereof so long as all the parties hereto execute a counterpart of this Master Contract. m .Q a EXECUTED as of the date and year first above written. U) a) STATE OF WASHINGTON SAN DIEGO POLICE EQUIPMENT COMPANY,INC., O a. Department of Enterprise Services a California Corporation o By: Metanle Wr`GWiaws By: Melanie Williams Ryan King��' Its: Contracts Specialist Its: Sales Manager Go M O U r c m E . a a W GN 2 O d O 0) d 0 C t9 U) C cC LU C C 3 E E Q L O W Y V L r O U L r to t9 C N E t V t4 Q MASTER CONTRACT NO.02616-AMMUNITION (Rev.8-15-2016) 15 Packet Pg. 237 4.K.a L N O O co O O O O O O O O O O O O O 0 0 0 0 0 0 0 O Q O 00 O 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 R L OJ O O O O O N N o 0 N O O tV 0 0 O O O N 00 O O N C. 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Li- Li- w LL E L w rH 0 W W w W 0 w �-I w �--� c'1 z Q G J LL J _1 J .J I- J LL J I— I- CU L C z w m ++ 10 r6 Z V Y U C — — C _ Q) Q) U a) u m a v u v f6 a v u 3 I a E '4V '4= +- 4- +1 COi V +1 y mi 'O 'a p w W w w LL w W w w w w w i�-1 U m ra ca O ro 1v ra i O mf6 L O O a 0 0 0 0 010 0 0 0 0 0 0 N L V C7 O (D O � Q1 () Z u u u u u u u u u u u u U L L L L L L L L L L L L L L u .. O O 0 0 0 0 0 0 0 0 0 0 0 0 +' 4� 41 LL LL LL w LL L.L. LL w w LL w w � tD C m — — — — — — C C C C C C C C C C C C 0 o N y r0 F m ca rn � F cp F f0 � f0 M O O O O O O O O O O O O U E L L L L L L cli Q) Q) Q) Q) Q) Q) Q) Q) Q) Qi C N Q) N Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) C u u u u u u u u u u u u w oo V m _0 _0 _0 -a _0 _0 -Q -a -0 _0 _0 _0 _0 1a L L L L L L L L L L L LL LL LL LL U- LL LL LL LL LL LN LL LL O O LL- O O O O O Li- O O Lo Q O M O r-I lV IH N M 'CT Ln LA I� 00 Ol --1 r-I 1-I 1-1 -1N rn cf Ln <D � 00 Ql i-i -A a-I Packet Pg. 242 4.K.a �7 — Ln Ln Ln > o0000000000000000 -zt z►' �t Q m M m m m M m m m m m m m m m m M 00 00 Cr) rn rn LT rn rn rn rn rn rn rn rn rn am Q� rn m rn to a Lri �.o 0) Qi Qi rn Qi Qi r, rl t.0 ID LD w :t L» Ln m w Lri y V N 00 cn m rn m M m am rn rn c» cn m 00 d' 00 N m 00 .Q •L N N N N N N fV N N N M M M M N N c-I M M -1 Q U) m u o o o 0 o o o 0 0 o o o 0 0 0 0 0 0 o a o 0 0 0 0 0 0 o 0 0 o 0 o o o 0 0 o 0 0 Ln Ln M Ln Ln M M M M M M M M M Ln n Ln Ln L Ln O c. fn R t a 220000mmmmm22w �-D 2 IN IN IN rl m "' m m N N N N N Ln ``� a rn Ln rn Ln rn rn rn m rn m Ln Ln rn N Oo LO O U N � E Q 'L LO a (, W dA N N a) V) N N N C v w4/ V, N M a, N N V Y a� awn O a a 'o N Uq v a0 � qA u0 O c� -6 L L -0 :2y lV f0 Ufu L i L L l0 L� 0 y U U U 't U { U ` � t : 4D m O to (o Lo 0 M O D d p tr U U ao c hA U U U U tw bn U � U -i d 0 �- OA llq C Y C UfJ tl0 C bA qA wC i -Y C -Se ;G O 7• D Y m Y C Y C c O r0 G fn H +r Y 3 v � c 2 Q Q Q c Q v c O V c oO .-� m � v � .+c wD c D a)3 O N D D O 0 O N aDi YLC) co m Z w m >- O m >- m Z cn Z Ln Ln W N 00 a+ N `� r4 q w m Ln r-i N rH N Cr wo m rH m 00 m 2 v Y Z LD W LA lD LD LD 0 0 0 0 0 0 M t- 0 0 0 0 3 J LD r� r\ r, � t\ r� O o ri r-I a 4 r1 M I, o -1 ri 0 O g aJ m Ln O O O O O O -1 M M M M 00 o W M M LD O 'O M Ln N N N N N N o 0 M Ln Ln M O N O Ln M O L O LL LL M m M M m M M to M M M M M M M m m M O. u LL LL Ln Ln Ln Ln M Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln E Z Q v O L t E z w m Y Y Y :D +, Z c c c 2 v a+ ro rn ro g R U Q aL+ O u' L U U U 1O-i O U t- O O X X X X X X X X X X X X X X N X v N 1p O. LL LL LL LL. LL LL. LL LL LL LL LL LL LL LL LL LL Ln LL Ln Ln o N L O O r O i Lri i i Q 43, LLO L0 C C C C C C C C C C c c C C C c c c y H p C u c c 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LL z o N 3 c c c c C c c c C C C c C C C C c c 4• U V V D D D D D D D D D D D D C1 c� 0 0 E E E E E E E E E E E E E E E E E E c U- LL in Ln in in Ln Ln Ln Ln Ln to (n Ln Ln in Ln Ln Ln V) ccQ a ++ M zT Ln lD I� 00 Ol o r-i N m d' Ln LD I� 00 Ql 0 c-I N rH c-1 r-L r-I r-I r-i r-I N N N N N N N N N N M M M Packet Pg. 243 4.K.a EXHIBIT B R L SPECIFICATIONS c 3 N Specification m .Q a 1. All products bid will include descriptive fliers or catalogs describing how the product is equal in U) m quality, function and performance to specifications. 2 0 a- 2. All products bid will include descriptive literature for practical use applications. o as 3. All bids will include documentation that products meet the Sporting Arms and Manufacturer's z Institute (SAAMI) or NATO specifications. 2 a- 4. All ammunition must be guaranteed free from defects in workmanship and materials without imitation. LGo O M 5. Ammunition that does not perform to specifications and standards will be refunded or replaced in 0 full. U r c m 6. Bidder shall provide a current, dated, signed authorization from the manufacturer that the bidder is E an authorized distributor. 3 a w 7. All ammunition shall be factory new, no reloaded or remanufactured ammunition shall be allowed. d 8. After receipt of order (ARO) delivery is to be a maximum of 90 days on all orders. (L0 0 9. Delivery will be Free on Board (FOB) Destination, prepaid and included for orders of 5 cases or 0) 0 more. c R 10. Freight charges may be added as a separate line item for orders less than 5 cases. c ca 11. Contractor will provide as much notice as possible to the Contract Administrator when issues occur, cn w which are out of their control, but that will impact supply and demand and delivery. o 12. If Contractor is unable to fulfill an order due to issues identified above, a replacement product o equal in price and performance may be substituted. Replacement products must be approved in advance by the Contract Administrator. E E Q L W Y V L r 0 U L r N R C N E t V Q MASTER CONTRACT No.02616-AMMUNITION (Rev.8-15-2016) 22 Packet Pg. 244 4.K.a EXHIBIT C R L INSURANCE REQUIREMENTS c 3 rn 1. INSURANCE OBLIGATION. During the Term of this Master Contract, Contractor obtain and maintain m in full force and effect, at Contractor's sole expense,the following insurance coverages: a a. COMMERCIAL GENERAL LIABILITY INSURANCE. Commercial General Liability Insurance (and, if 0 m necessary, commercial umbrella liability Insurance covering Bodily Injury and Property `2 Y � ) g Y 1 Y p Y 0 Damage on an 'occurrence form' in the amount of not less than $1,000,000 per a occurrence and $2,000,000 general aggregate. This coverage shall include Contractual o Liability insurance for the indemnity provided under this Master Contract. z The limits of all insurance required to be provided by Contractor shall be no less than the 2 minimum amounts specified. Coverage in the amounts of these minimum limits, however, shall a not be construed to relieve Contractor from liability in excess of such limits. Go A cross-liability clause or separation of insured condition shall be included in all general liability, !i_ professional liability, pollution, and errors and omissions policies required by this Master v Contract. r c m 2. INSURANCE CARRIER RATING. Coverages provided by the Contractor must be underwritten by an a insurance company deemed acceptable to the State of Washington's Office of Risk 3 CT Management. Insurance coverage shall be provided by companies authorized to do business w d within the State of Washington and rated A- Class VII or better in the most recently published 2 edition of Best's Insurance Rating. Enterprise Services reserves the right to reject all or any °a insurance carrier(s) with an unacceptable financial rating. °a� m 3. ADDITIONAL INSURED. Except for Works' Compensation, Professional Liability, Personal C Automobile Liability, and Pollution Liability Insurance, all required insurance shall include the U) State of Washington and all authorized Purchasers(and their agents, officers, and employees) as c an Additional Insureds evidenced by copy of the Additional Insured Endorsement attached to f° the Certificate of Insurance on such insurance policies. LU 4. CERTIFICATE OF INSURANCE. Upon request by Enterprise Services, Contractor shall furnish to 0 Enterprise Services, as evidence of the insurance coverage required by this Master Contract, a certificate of insurance satisfactory to Enterprise Services that insurance, in the above-stated ' E kinds and minimum amounts, has been secured. A renewal certificate shall be delivered to E Enterprise Services no less than ten (10) days prior to coverage expiration. Failure to provide Q L proof of insurance, as required, will result in contract cancellation. All policies and certificates of 12 insurance shall include the Master Contract number stated on the cover of this Master Contract. L r S. PRIMARY COVERAGE. Contractor's insurance shall apply as primary and shall not seek contribution v from any insurance or self-insurance maintained by, or provided to, the additional insureds listed above including, at a minimum, the State of Washington and/or any Purchaser. All w R insurance or self-insurance of the State of Washington and/or Purchasers shall be excess of any insurance provided by Contractor or subcontractors. c a� E 6. SUBCONTRACTORS. Contractor shall include all subcontractors as insureds under all required insurance policies, or shall furnish separate Certificates of Insurance and endorsements for each f° Q MASTER CONTRACT No.02616-AMMUNITION (Rev.8-15-2016) 23 Packet Pg. 245 4.K.a subcontractor. Each subcontractor must comply fully with all insurance requirements stated herein. Failure of any subcontractor to comply with insurance requirements does not limit Contractor's liability or responsibility. 7. WAIVER OF SUBROGATION. Contractor waives all rights of subrogation against the State of m Washington and any Purchaser for the recovery of damages to the extent such damages are or a would be covered by the insurance specified herein. U) a) 8. NOTICE OF CHANGE OR CANCELLATION. There shall be no cancellation, material change, exhaustion o of aggregate limits, or intent not to renew insurance coverage, either in whole or in part, o without at least sixty (60) days prior written Legal Notice by Contractor to Enterprise Services. Failure to provide such notice, as required, shall constitute default by Contractor. Any such written notice shall include the Master Contract number stated on the cover of this Master 2 Contract. a Go LO M O U r c m E a a W 4) 2 O a O M d 0 C R U) C cC Cn W C C 3 E E Q L O W Y V L r O U L r N R C N E t V Q MASTER CONTRACT No.02616-AMMUNITION (Rev.8-15-2016) 24 Packet Pg. 246 4.K.a L State of Washington (D CONTRACT AMENDMENT Contracts, Procurement, & Risk Management Division Department of Enterprise Services N m P.O. Box 41411 Contract No.: 02616 CL Olympia,WA 98504-1411 U) San Diego Police Equipment Company, Inc. Amendment No.: 1 0 A California Corporation o IL 8205-A Ronson Road 4 San Diego CA. 92111-2014 Effective Date: July 1, 2017 y (858)974-8500 t L IL FIRST AMENDMENT w LO TO CONTRACT NO. 02616 v AMMUNITION c d E This First Amendment ("Amendment") to Contract No.02616 is made and entered into by and a between the State of Washington acting by and through the Department of Enterprise Services, LU a a Washington State governmental agency ("State") and San Diego Police Equipment Company, Inc.A California Corporation("Contractor")and is effective as of July 1,2017. 0 a- RECITALS a� m A. State and Contractor (collectively the "Parties") entered into that certain Contract No. 02616 dated effective as of July 1, 2017 ("Contract"). B. The Parties intend to amend the Contract to adjust the applicable Vendor Management c R Fee (VMF) for Contract purchases made on or after July 1, 2017. Contract purchases Cn made prior to July 1, 2017 will be subject to the existing VMF and Contract purchases w 0 occurring on or after July 1, 2017 will be subject to the VMF set forth in this amendment. o C. The amendment set forth herein is within the scope of the Contract. E D. The Parties now desire to amend the Contract as set forth herein. E Q L O AGREEMENT Now THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the r Parties hereby agree to amend the Contract,as previously amended, as follows: o U L 1. VENDOR MANAGEMENT FEE. Section 8.2 of the Contract is hereby amended by deleting the y existing Section in its entirety and inserting the following in lieu thereof: M Section 8.2 -VENDOR MANAGEMENT FEE. Contractor shall pay to Enterprise Services a vendor management fee ("VMF") of 1.50 percent on the purchase price for all Contract sales (the purchase price is the total invoice price less applicable sales tax). R Q CONTRACT NO. 02616-AMENDMENT No.1 Page 1 (2017) Packet Pg. 247 4.K.a (a) The sum owed by Contractor to Enterprise Services as a result of the VMF is L calculated as follows: W c Amount owed to Enterprise Services = Total Contract sales invoiced (not including sales tax)x.0150. m Q (b) The VMF must be rolled into Contractor's current pricing. The VMF must not be shown as a separate line item on any invoice unless specifically U) requested and approved by Enterprise Services. 4) 0 (c) Enterprise Services will invoice Contractor quarterly based on Contract sales a 4- reported by Contractor. Contractor shall not remit payment until it receives 0 an invoice from Enterprise Services. Contractor's VMF payment to Enterprise Services must reference this Contract number, work request number (if applicable), the year and quarter for which the VMF is being remitted, and the Contractor's name as set forth in this Contract, if not a already included on the face of the check. w LO (d) Failure to accurately report total net sales, to submit a timely usage report, or remit timely payment of the VMF, may be cause for Master Contract U termination or the exercise of other remedies provided by law. m (e) Enterprise Services reserves the right, upon thirty (30) days advance written a notice,to increase, reduce, or eliminate the VMF for subsequent purchases, 3 and reserves the right to renegotiate Contract pricing with Contractor when W any subsequent adjustment of the VMF might justify a change in pricing. W 0 a 2. PRICING. The Parties agree that, effective the same date as the VMF rate change, all a°� Contract pricing shall be increased by .76% to cover the increased VMF rate. Such m increase shall apply to all contract purchases pursuant to this Contract (purchase price c less applicable sales tax). 3. No CHANGE OTHER THAN AMENDMENT. Except as amended herein, the Contract is R unaffected and remains in full force and effect. LU w 0 4. INTEGRATED AGREEMENT; MODIFICATION. This Amendment constitutes the entire agreement c and understanding of the Parties with respect to the subject matter and supersedes all ° prior negotiations and representations. In the event of any conflict between this Amendment and the Contract or any earlier amendment, this Amendment shall control E and govern. This Amendment may not be modified except in writing signed by the Q Parties. o 5. AUTHORITY. Each party to this Amendment, and each individual signing on behalf of each L party, hereby represents and warrants to the other that it has full power and authority o to enter into this Amendment and that its execution, delivery, and performance of this U Amendment has been fully authorized and approved, and that no further approvals or ; consents are required to bind such party. 6. ELECTRONIC SIGNATURES. A signed copy of this Amendment or any other ancillary agreement transmitted by facsimile, email, or other means of electronic transmission E R CONTRACT NO. 02616-AMENDMENT NO.1 Page 2 (2017) Packet Pg. 248 4.K.a shall be deemed to have the same legal effect as delivery of an original executed copy of -(D this Amendment or such other ancillary agreement for all purposes. 7. COUNTERPARTS. This Amendment may be executed in one or more counterparts, each of m which shall be deemed an original, and all of which counterparts together shall 3 constitute the same instrument which may be sufficiently evidenced by one U) counterpart. Execution of this Amendment at different times and places by the parties 0 shall not affect the validity thereof so long as all the parties hereto execute a 0 counterpart of this Amendment. — a� y EXECUTED AND EFFECTIVE as of the day and date first above written. t c.� L SAN DIEGO POLICE EQUIPMENT COMPANY STATE OF WASHINGTON a A CALIFORNIA CORPORATION DEPARTMENT ENT R IS SERVICES co LO By: By: - o Name: ice ' �� �^' `, Name: Brent Duncan V Title: Title: Vendor Management Fee Coordinator E ? a Date: t 2 1-7 Date: May 2, 2017 a w (D V 0 a 0 a� m 0 c U c R C w 0 0 c E E Q L O V L O U L r N R r-i C E L U R Q .-------------------.._...._-------------------------- --------- — ..._....--------------- CONTRACT NO. 02616-AMENDMENT NO.1 Page 3 (2017) Packet Pg. 249 4.K.a R L 3 N d .Q Q 3 U) d V O a O a� N R t V L a Oo LO M O U r c m E a a W N u O d O d 6 C R C cC Cn W C C 3 E E Q L O W Y V r O U L r N R C N E t V Q Packet Pg. 250 4.K.a State of Washington CONTRACT AMENDMENT Contracts, Procurement,&Risk Management Division M Department of Enterprise Services m P.O. Box 41411 Contract No.: 02616 c Olympia,WA 98504-1411 -- rn San Diego Police Equipment Company, Inc. Amendment No.: 2 Q 8205-A Ronson Road Q- San Diego,CA 92111-2014 Effective Date: July 1,2017 to m v 0 IL SECOND AMENDMENT — TO W CONTRACT NO.02616 t AMMUNITION i 7 IL This second Amendment ("Amendment") to Contract No.02616 is made and entered into by 00 and between the State of Washington acting by and through the Department of Enterprise Services, a Washington State governmental agency ("State") and San Diego Police Equipment 0 Company, Inc.,a California Corporation("Contractor")and is effective as of January 1,2017. V r c m RECITALS E 0_ A. State and Contractor (collectively the "Parties") entered into that certain Contract a No.02616 dated effective as of July 1, 2017("Contract"). W d B. The Parties previously amended the Contract: Amendment 1 effective July 1, 2017 increasing Vendor Management Fee. d 0 C. The amendment set forth herein is within the scope of the Contract. D. The Parties now desire to amend the Contract as set forth herein. 0 c R U) AGREEMENT c Now THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the f° Parties hereby agree to amend the Contract,as previously amended, as follows: W 1. PRICING. The Parties agree that, effective the same date as the VMF rate change, all Contract pricing shall be increased by .76% to cover the increased VMF rate. Such increase shall apply to all contract purchases pursuant to this Contract (purchase price c less applicable sales tax per Attachment A Price Sheet. pp ) E p E E 2. NO CHANGE OTHER THAN AMENDMENT. Except as amended herein, the Contract is Q L unaffected and remains in full force and effect. ,O E U 3. INTEGRATED AGREEMENT;MODIFICATION. This Amendment Constitutes the entire agreement r and understanding of the Parties with respect to the subject matter and supersedes all o prior negotiations and representations. In the event of any conflict between this U L r to CONTRACT No. 02616-AMENOMENT No.2 Page 1 C N E t V fC a+ Q Packet Pg. 251 4.K.a Amendment and the Contract or any earlier amendment, this Amendment shall control and govern. This Amendment may not be modified except in writing signed by the Parties. d 4. AUTHORITY. Each party to this Amendment,and each individual signing on behalf of each party, hereby represents and warrants to the other that it has full power and authority m to enter into this Amendment and that its execution, delivery, and performance of this Q Amendment has been fully authorized and approved, and that no further approvals or C consents are required to bind such party. Cn am 2 5. ELECTRONIC SIGNATURES. A signed copy of this Amendment or any other ancillary O agreement transmitted by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of C this Amendment or such other ancillary agreement for all purposes. t 6. COUNTERPARTS. This Amendment may be executed in one or more counterparts,each of 3 which shall be deemed an original, and all of which counterparts together shall (L constitute the same instrument which may be sufficiently evidenced by one 14 counterpart. Execution of this Amendment at different times and places by the parties 00 shall not affect the validity thereof so long as all the parties hereto execute a counterpart of this Amendment. o V EXECUTED AND EFFECTIVE as of the day and date first above written. E SAN DIEGO POLICE EQUIPMENT COMPANY,INC. STATE OF WASHINGTON A CALIFORNIA CORPORATION DEPARTMENT OF ENTERPRISE SERVICES W a)By: � � � (<� By: lWaill'e WW iaws IL Name: K1- l ' �- ^a�j Name: Melanie Williams C Im Title: cn��s, E� � ^ �' � - Title: Contracts Specialist d C Date: li t J Date: 7/5/17 CO) c R N LLI C C 7 E E a L V L O V L d CONTRACT No. 02616-AMENDMENT NO.2 Page 2 C d E t t� R r a Packet Pg. 252 4.K.a L d d .Q Cn T � > p o 0 0 0 0 0 coo 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 tD tD tD tD tD tD tD tO tD tO tD tD tD tD tD tD tD tD tD kD D aO O O O 0 0 0 0 0 0 0 0 0 0 0 O 66 O O O O O O `~ M M M M M M M M M M M M M M M M Co M M M M M M M ; O 1 O to 0) V M O V M N N Ol M N O 00 N ri O O O ri N N lD n m m f d rn ri Ln M rf) V -1 M Cr 00 O 00 M N rl- N M 00 m Ln N r- ci t a) O 00 .1 O Ql C 0 00 O� -zi0 00 In V N M ri M N 00 N tD r) O n I L u vl rn 00 ri 1T V O O 00 M O M M M M M ul M M M O to O O rl N 3 CL fa ri ri N ri M M M ri M M M M M M N N N Co M C}' M V M N a v .n th v> .n. vi. in v). V). in <n. 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U Q Ln m Q Ln L n. Ln Ln c. V1 Ln Ln d Ln Q Ln a. Ln Ln cr Ln Q Ln c0 _ N L w O E Z Z M c M 0 = 0 0 0 0 c M = 0 0 0 M c N u u 0 u u m (a u (o D u 0 u (o 0 D v E v v o E v v v o E v E a 6 '^ 6 `w v E w N o ao 3 ao r- ►- 3 a � 3 E m E (a o vi ra 0 1n 0 0 0 1n E Lp 0 0 o E is C. Q W J U Q Q W J = (D (D U l7 Q W J l0 aJ al N O1 v v v N v N Q1 aJ Q) O v v — v v v v v v v v v v v a ro o (`o aa � 0aaa - a � a - aa � a - a o t c v v v v v v v v v � Ln v v z t� (0 'O 'O 'O 'O "O "O 'O "O "O "O u R v U v v U v v V U v v u tJ v t3 v U v U U v cJ v U a L1. U LL LL U Il LL U U LL U U U LL U LL U LL U U LL U LL U a Z O O ri N M V d r, 00�L--L-- N M V U ri N M V 1n tD r- 00 Ol ci ri ri r-1 ri c-I ri ri N N N Packet Pg. 253 4.K.a .n o`er M O. 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CuO CuJ J E 'a m _ J } J a O a a O a Q. a Y N Y Y i+ Y v id Y i+ 4M a-% a a a) L N a) a1 a1 L a1 v a1 L_ w a) R 3 3 Y LL Y Y Y )d LL Y 1� Y LL -X Y 3 3 u u u u u u u u u u (n Q o 0 0 0 0 0 0 0 ro m ,o `9 � `° `° `° m 9 9 LLJ r _ _ _ _ _ _ _ _ _ _ O S O x x O S S S J (0 N (0 (O J (p f0 N J (0 (0 0 N -O 'O 'O d 6 O () - 0) Cu aJ (U � (U a) aJ Cu Cu a) L LU y,e Y a) Y Y Cu Y Y Y `- L L' -� •D F- v a1 p a1 CU O 0) w N U0 — v N a) N 'bD a) N OJ 'q0 — a1 aJ O U 3 U CO U U N CO U U U Y f0 Y Y Y f6 Y .� �� af0 .� (0 Y Y . m to Co f0 f0 (7 Co f0 f0 f0 O O '�. O 's.. O 'i O i t o s.. O L= 0 C L_ O �. O s.. 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N OJ N QJ N OJ Q) N N 41 Ul UJ N N 0 a) ai - - w v a v w v v a v w w v a s �' @ a a a a a a a 0. a 0a a s 0. o t to Ln Ln (A Ln to m LnV) Ln Ln Ln Ln Z \ \ O O O O N \ \ \ \ \_ \ \ \ \ \ \ \ \ U V m V V N v v v y v y U U U U u U -u u u u u u u a r�O. u u LL LL LL LL LL LL LL u u u u u u u u u u V u u Q Z n 00 tT O �-1 N m V Ln LD n 00 Dl O r1 N LD r- U v v v m Ln m m m Ln Ln Ln Ln Ln LD LD LD LD 0 O LD 0 LD Packet Pg. 255 4.K.a V A �N N ry l0 bA 1/L N N w o) G1 `V vNi C C .Q M Cn V L Qo 0 0 00 0 0 O cc 0 0 O O O 0 O o O 0 G W QDI LD %D Lo LD w �o W W w w �D Lo LD LD LD LO w M LD d Q O O 0 0 Lh O O 6 66 0 0 O O O O O O'ri,m T m rn m rn m m m LOD LOD wO C L y a r- 00 m tD Cn m 1-1 rn .-1 rn m Co Ln rn 1 n Ln M a Ln m N o v 00 00 m `rn 0 L 1 rn m Ln LD r\ co 00 p m ! t N n w O O .-1 m LD t �� d M N .--1 lfl m m 0) co co Ln m i V o) Cf Ln r, w N W d -M Ln M r-1 1-1 00 Cn ci LO r- M M O 1-1 'i M N e-1 N N N N ti N iD N O'N fn N M N N M N "Fri M 3 a v vt v) yn v}in in <n. . to� v� V>- vt• in <n <n �Ln V> v>• v► V> d u, 00 c v 3 L o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o d 0 0 0 0 0 0 Lr) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 cc O. Ln Ln Ln Ln N Ln d N Ln Ln Ln N Ln N - N N Ln Ln Ln Ln ri G V C N c�c G �j01 O O Ln w 00 00 00 O Q. Ln Ln Ln Ln V) Ln Ln N N d Ln Ln Ln LD LD w w LD N Lo Ln Ln Ln Ln Ln m Ln Ln Ln LD %D Lo r- -1 .-I .-1 ri i ri c-1 d Ln ri Ln 3 0' W d r V m m M m Co m LD m M rn M 00 00 00 00 00 00 00 m M oo M N N N N N N Ln N N N N O O O O 0 o O N N 0 N •0 C U N N N N N N N N N N M M M M M M M N N M N d O -— — p E E p r° u r t`6 cc a, y 0 0 R Y Co Y Y m Y a-+ Y Co Y a Q Y Cu Cu C C C 1 ++ C H C Li Li c R 3 .0 a ' v Cr a u o a s ao a a u a ° Y - @ a u W o — M o 0 0 0 0 — o = w Y V7 yro - F- V) V) Y V) (1l Ln F- M V) - d CO V) (U 01 V) CO Y F- In -o v ra u -o -0 v -a •° -0 u a, -0 co @ -0 -0 -a a C N � °'off °'ateCL 01a ,� � C L-' -0 C — m = c c — C c Ctf c = c ro (v C c C c - 3 0 o m o o M o 0 0 0 M z ° o 0- 0 cl° o Co CL LL Co Co CC) CO LL CO CO V) m CO LL Co Co O F- CO LL LL Co LL o Q Q Q 0) ri Ln Ln U- c N F- t- ]C ' V F- M F-• to O 00 c-1 r Z Z m i L 3 Q m W H M O O1 M Ln _) Ln LL 00 00 0 In 00 00 m M n M i 'O d M N M M N d r-1 N d M t\ 00 O O M N 0 V) N N In N O "O N N N N N d N d N d O M m O O M d N N d N ++ L O N W N N W d W d N d ro LLi uj 6. V F- Q F- F- J N X -J N F- N CL Q J l) � Q J N Co Co N Q (� N L !! O C C C z V M C 0 C 0 J-+ w C Y C j Z u O 0 p u �-' o p u y 3 01 u u c u v_ + +• C o ++ 01 _ •.V "O OJ C)i 'N "O E 0) 0J �+ -p ,Vl N 0J w fn m � E M � 'M o f cobp m ° o " E m m O E M M ° ro Ms o E m a Z F Q w H F- H (3 Q w F- C7 F- l9 D. Q w F- C7 Q w F- l7 Co Co U Q W a � C N 0J 0) CU N a E 3 L L L L L L L L L L L L LCL L C OJ 0J 0) 0l D � 01 a 0 � a 01 0 Cu 0 0) � 0 0) � 0) i V � < R WQ)L L w v v U 0r - U aL U L a, a) v v a, U L l- U v ¢ +r LL LL LL LL LL U LL LL V LL V LL LL LL LL LL LL U LL LL U LL � Z O Ot,-A- LnnWU W O) C. Packet Pg. 256 4.K.a L d d .Q Cn 0 0 0 000 00 11 ^ 0 0 0 0 0 0 0 0 0 0 0 o 0 m m r1 m m _ Lo Ln to 1? m m m Lo m Lo C a 0 0 0 66 cm Co a 0 0 0 0 0 0 0 0 0 0 0 0rn C m m N 00 LD Lo Lo v 00 .-i w 00 00 0 00 W Lo o. I, m o 00 .-1 a 00 ry m m 00 00 m m 00 00 M y U O Ln m Ln 00) U h N m V M N N m 'q*' N M m M ` L m N .l N eq M L m -1 c-1 Lo .-i 1- -4 1-1 W .H -1 �l 1* n� yr 3 a v v� +n cn v> an a v v� an vt t4 a an v} vi in an in d n v� y 00 c v o e u o 0 0 0 0 0 a) O 0 O 0 0 0 o Q. O O O O O .- o o 0 0 0 O a) Ln Ln Ln Ln Ln O Ln Ln Ln Ln Ln Ln Ln V Cr- Q N N N N N N N N N N N N Y C � M E °A m w O Ln au m Co m -1 m Q- � � w L`nn a0' r- � N fV N N N N (^ W a) Q) D! a) () Cu a) a) w al a al a1 L UQ Ua w Ua to UO w UO Ua w Ua w to 3 7 7 7 � � 7 > > 7 � O m C) m d m m m m m m m m Cu m m ro o m N V1 N N N C = (9 V U U U' U �, (D U� C7 0 U U ( 0 41 C U N U1 N N N — m N \ N \ N \ N , N \ N N \ N \ N N N N d 0 E U r-I M rl M rH M rl a i VH m r-1 �-1 M r-1 M rl r-i rH %-1 O 7 E 0) E E O � B C C Y yFm- a s +a_' 0o o rYOa Ncc 3 3 w U- u v Cl) oc o O o Co o o s o a °; o `� c o wc! Co Ln 0- Cr O o Y V NNu u o o W>- Co a, ar Cr O N as MIZLa Om m W N Co m C7 In O 'a M O Y .�., at mbC UO an a) O W a Oi m p O u O a u O v d a Q 67 aY' c ° Ln oa P' m ° Co N m O Co Li LL J U m a u = U in a u 00 CC U n.lu 0 4 u C 7 N E m Ln 0 n L a CD Q Y Y t\ N O O -� 00 m p L a d N �m-1 O N N a N r- cq Cr r14 N cc O O �-I c-1 M O .4 M O O W Ln O 14 N -j t 1 i-1 r-i Co -1 r-i N Co c-I �+ W LL (- W W W W .J U- J CL 0 Q X Q (7 ('J O. J LL. 0 J w J J N L O � z O is io r0 � C m m a s a z V ru 0i a) Y C _ C _ Q) L 3 v 'C a '� '� O 7 d u u (D u U u m (raj ,U m o +�+ a a, v (U v a � a N m v z rn m E m E m E m O O m ruo O m rua O m m 0 0. Z Q w Q w Q w (J U C. Z F- F- F- F- F- F- F- F- F- CJ F- U' Q N O f`a f0 f`6 tL6 f`6 (a m (6 N i R f` fo Co m (a m O Q) al Cu Q) a1 Cu N a) N a) a! aJ Cu a/ N N w Z V m a a a a s m a a a a a a s -o a a a a v Cu u r c ai (U v cc Cu (, a) v a) a) aJ w N w w a +. C LL LL LL. LL LL C LL LL LL LL LL L.L. LL LL LL LL LL LL < z Q O M �t In LD 1- O .-A N U In- L0 r, W m a--1 1-41 Packet Pg. 257 4.K.a L d d .Q Cn T T V > 0F0 O O O O O O O O O O O `~ Q OM G a m m m M m cn m m Co m Ln m O NL n. a ai 00 00 00 eo 00 ao 00 Ln t � ,-� a U Ln i � Ln Ln Ln � m rn m rn 0) Ln Ln Ui v u N M aJ y Ln Ul U) Ul Ul C� 00 00 00 00 c4 U) L fi m I, V H M m m m M 00 00 00 00 00 m m 3 a u v). 0. u vNi. vNi NN .Nrt vNi iN CN n vNi vNi vNi d N 00 C u v O s- O f0 O Ix CL N Ln V v t) M +� � C 0) 0 o 0 0 0 0 0 0 0 0 0 0 a U O 0 0 0 0 0 0 0 0 0 0 0 Q. Ln Ln Ln in Ln Ln Ln Ln Ln Ln 1-4 in 3 W a ago a l a V o C7 2 2 2 2 m m m rn m m p ,+_ U Oq U 0) m 0) 0) N N N N N N d c M O E t d E u a L tw a)o C uo m ago 0n a ao cc M :;2aJ ;a -tio _6 -a Cu 0) :� -a -a QJ .0 UO Ol(O- 00 f0 Co tom' m m H \ I U U U `� U U U U Q u U 00 w a0 U U 000 C 5 u bD 0A OD Co w LLI D: T 0 O T Y (O @ m y Y f0 m m p ` C O •' C C O *' ro ra uj UJ Co Q °' 2aJ o °�_' aCi v o waCi > O U00 U 3 N O Z .c aJ N O t v 0 Co u Co w 'm } =W m } 3 u z E O E u i a 0? a `o o c�-I u N cc Co >- c7 m r �. c-I 3 N N N N l0 LD LD LD CD lD V Co } 3: CJ Ln Ln Ln Ln Ln Ln z O 01 O1 Ol 0) 0) U1 Ln Ln Ln Ln Ln m N L -- V LL LL LL LL LL U- LL LL LL LL LL- LL LL LL IL LL LL LL LL LL LL LL LL a) L O E LL LL LL LL LL LL LL LL LL LL LL LL c. Z O o f0 O O O O O O O O O O O O a C. Z LL LL LL LL LL L- LL LL LL LL LL LL N C C C C C C C C C C C C E r0 O O O O O O O O O O O O p aJ cC 'OOaJ CCC v u v v a v o w w v v w v v v v v v v w a w v uuuuuuuuuuuuuuuuuuuuuuuu 0 4 zU O O O O O O O O O O O O O O O O O O O O O V O O tt ram+ G LL L LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL K a 0 O M O 'A N U c-i vq N m V Ln LD I, 00 a) I-1 Packet Pg. 258 4.K.a L d d .Q Cn T I V Ln a Ln j a a Q o 0 000000000 0 0 0 0 0 0 coo o o M m m M M M M m m M f•n M M M M M m m m m j y N .-1 00 m LT LT Ol Ol LT M m m M m M C1' N 00 M 00 d Ln 01 L, n n n n n N N Ln Ln Ln Ln c-i 00 M M V) M N 0J h 00 .-L -1 ci ci 11 .-I O O 01 Ol Ol 61 h Ln t\ � Ol n j L an N 00 � V• V• � � �• O O M M m M 00 V 00 <D M L 0 E 3 L L0 N N N N N N N N M M M M M m N N c-1 N M -1 i d a u tn• v> in th v>• V-} V>- in vL. -.n in ro yr vL LO u O k !A 4 C 0 CD O O CD C) O O O O O O O C) O O O O O O C) O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ln d'. V1 l/•1 to Lll In Ln to Ln N Ln Ln V1 Lll In .-1 Vl L!'I Ln Ul Ln 3 Q W Cu L M 2 Lo 2i5; M Ln m M M ! W ID C a O y 5 Ll1 3; 5 2 00 Oo N N N N N 2 Ln 0 d V LT U*) N N l F Ol 01 m m Ol M M N N N Ql 0) Ln U.) 01 O t' d f]0 N LU an to Y vi ' tto a) Cu d 00 � 00 L N LA LL "O OO LL Cu _ -O c ai m 'O 'O N L "6 .O 'd .O CLO L L :O G O L i U LO U m +Li '' L .�'' V O ` t' N C O t fO V OO U L' i0 l9 U t9 N O Q K U U C O0 C 00 V U V U on V U y. OO O0 C Y C OD UO C M M LLL1 at N c C ` Y @ Y � C 00 C Y C y C O T � Y i Y f6 f6 m Y Y Y Y M Y Y C C C j f .. cc Y 2i 3 Go, o0 c o Cu s v w r o o u o u u Co Co z m m >- O 0 CC Co w co >- 'S m z Ln z Ln Ln C E E a 0 N I L U 2 H N 'c}' lD M Ln e-/ N .-i N l0 O m -1 LT 00 N LO u X Z LO L0 ko LD LD Lo O O O O O O Ot n O O O O 3 J LD I, n n N n rl O O -4 �H .-1 �- m 1l, O 14 1-1 O V '0 Co Ln O O O O O O .-1 .-L 01 m Ol 01 00 O tD m Ol LD m O m Ln N N N N N N O O Ln Ln Ln V1 O N O Ln Ln O L L- LL LL M M m M M m Ln Ln M M m m m M M M M m N d LL LL.. Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln - - - — z O Y Y Y V C C C i L M f0 L6 u a n o +, 3 LL '` 'C 'j L N CE L.L. U- " u u Lu f0 m O O x x x x x x x x x x x x x x v x v w a a. Z LL U- LL LL LL Ll.. LL LL LL LL LL LL LL L.L LL LL V) LL V) V) 1p r-1 C C C C C C C C C C C C C C C C C C C C O O O O O O O O O O O O O O O O O O O E O O Y L- V V N •++ .L- J-Y t,- N N N N c C C C C C C C C C c C c C C C C C z C U V u L) C 3 c�c C3 C�C C�C .7. C�C C => C> c> C> c�c c� C� V m L L L L E E E G G C C E G G G G E E G 1= C C l.J iI G LL LL LL LL IN V1 i'n i7n V1 V1 V1 Ln Ln Vl Ln VI Ln VI Vl Vl V1 Ln Q z O M V 111 lD n 00 O1 O L- 00 01 O -1 N U .-1 .-L a-i N N N N N N N N N N M m M Packet Pg. 259 4.K.a State of Washington CONTRACT AMENDMENT cv Contracts & Procurement Division Department of Enterprise Services P.O. Box 41411 Contract No.: 02616 ' Olympia, WA 98504-1411 Q San Diego Police Equipment Company, Inc. Amendment No.: 3 U) 8205-A Ronson Road m Effective Date: February 1, 2019 San Diego, CA 92111 0 IL O a� N THIRD AMENDMENT t U TO CONTRACT NO. 02616 a AMMUNITION 00 LO M O This Third Amendment ("Amendment")to Contract No. 02616 is made and entered into by and between the State of Washington acting by and through the Department of Enterprise Services, a Washington State governmental agency ("State") and San Diego Police Equipment Company, Inc. a California Q- Company("Contractor") and is dated as of February 1, 2019. a w a� RECITALS o a A. State and Contractor(collectively the "Parties") entered into that certain Contract No. 02616 for O a� ammunition dated effective as of January 1, 2017 ("Contract"). o B. The Parties previously amended the Contract twice: U) a. Amendment 1, effective July 1, 2017 (adjusting vendor management fee) ca b. Amendment 2, Effective July 1, 2017 (adjusting pricing for VMF) w 0 C. The amendment set forth herein is within the scope of the Contract. c D. The Parties now desire to amend the Contract as set forth herein. AGREEMENT E E Q Now THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the Parties o hereby agree to amend the Contract, as previously amended, as follows: L r 1. ECONOMIC ADJUSTMENT. The contract ceiling prices are amended, not to exceed the prices set o forth in Exhibit A. v L 2. No CHANGE OTHER THAN AMENDMENT. Except as amended herein, the Contract is unaffected and w R remains in full force and effect. c 3. INTEGRATED AGREEMENT; MODIFICATION. This Amendment constitutes the entire agreement and E understanding of the Parties with respect to the subject matter and supersedes all prior negotiations and representations. In the event of any conflict between this Amendment and the a CONTRACT No.02616-AMENDMENT No.3 Page 1 (4-24-2017) Packet Pg. 260 4.K.a Contract or any earlier amendment, this Amendment shall control and govern. This Amendment may not be modified except in writing signed by the Parties. m 4. AUTHORITY. Each party to this Amendment, and each individual signing on behalf of each party, hereby represents and warrants to the other that it has full power and authority to enter into m this Amendment and that its execution, delivery, and performance of this Amendment has been Q- a fully authorized and approved, and that no further approvals or consents are required to bind ' U) such party. m 0 5. ELECTRONIC SIGNATURES. A signed copy of this Amendment or any other ancillary agreement a transmitted by facsimile, email, or other means of electronic transmission shall be deemed to ° W have the same legal effect as delivery of an original executed copy of this Amendment or such other ancillary agreement for all purposes. 2 a 6. COUNTERPARTS. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same Go instrument which may be sufficiently evidenced by one counterpart. Execution of this Amendment at different times and places by the parties shall not affect the validity thereof so O U long as all the parties hereto execute a counterpart of this Amendment. m E EXECUTED AND EFFECTIVE as of the day and date first above written. Q- .3 :s w SAN DIEGO POLICE EQUIPMENT COMPANY, INC.,A STATE OF WASHINGTON y CALIFORNIA COMPANY DEPARTMENT OF ENTERPRISE SERVICES 2 0 d O By: By: 6 Name: Name: Melanie Williams c R Title: Title: Contracts Specialist c Date: Date: f° U) w 0 c c E E Q L O W Y V L r O U L r N R C N E t V Q CONTRACT No.02616-AMENDMENT No.3 Page 2 (4-24-2017) Packet Pg. 261 4.K.a EXHIBIT A PRICING R CATEGORY A— Hand un Ammunition Rounds Price Manufacturer Product Product Weight Deliver Name Code Bullet Style Caliber (Grain) per Per (AROJ •a Case Case a a 1 Federal American AE9DP Full Metal 9MM 115 1000 $197.57 30-60 N Eagle Jacket 0 2 CCl/Speer Lawman 53650 Total Metal 9MM 115 1000 $191.19 30-60 Do - Jacket Jacketed 0 3 Federal Classic 9BP Hollow Point 9MM 115 1000 $219.54 30-60 Ow 4 Federal American AE9AP Full Metal 9MM 124 1000 $197.57 30-60 Eagle Jacket a 5 CCl/Speer Gold Dot 53618 Bonded 9MM 124 1000 $362.60 30-60 co Hollow Point M Jacketed `" 6 Federal HST P9HST3 Hollow Point 9MM 124 1000 $315.99 30-60 v +P c a� 7 Federal HST P9HST1 Jacketed 9MM 124 1000 $315.99 30-60 a Hollow Point 8 CCl/Speer Lawman 53651 Total Metal 9MM 124 1000 $191.19 30-60 Jacket Bonded o 9 CCl/Speer Gold Dot 53617 Hollow Point 9MM 124 1000 $362.60 30-60 0 +p M m 10 Federal HST P9HST2 Jacketed 9MM 147 1000 $315.99 30-60 Hollow Point 0 11 CCl/Speer Gold Dot 54226 G2 9MM 147 1000 $399.42 30-60 c Bonded 12 CCl/Speer Gold Dot 53720 Hollow Point 38 SPL 125 1000 $368.57 30-60 w Bonded 13 CCl/Speer Gold Dot 53949 Hollow Point 0.4 165 1000 $399.44 30-60 0 14 Federal HST P40HST3 Jacketed 0.4 165 1000 $344.94 30-60 Hollow Point E 15 CCl/Speer Lawman 53981 Total Metal 0.4 165 1000 $248.29 30-60 Q Jacket American Full Metal 4° 16 Federal Eagle AE40R3 Jacket 0.4 165 1000 $261.26 30-60 0 L 17 CCl/Speer Lawman 53652 Total Metal 0.4 180 1000 $248.29 30-60 0 Jacket 18 Federal HST P40HST1 Jacketed 0.4 180 1000 $344.83 30-60 y Hollow Point M Bonded a 19 CCl/Speer Gold Dot 53962 Hollow Point 0.4 180 1000 $399.44 30-60 a� 20 CCl/Speer Gold Dot 53999 G2 0.4 180 1000 $418.23 30-60 E 21 Federal Classic 45C Jacketed 0.45 185 1000 $380.49 30-60 Hollow Point a CONTRACT No.02616-AMENDMENT No.3 Page 3 (4-24-2017) Packet Pg. 262 4.K.a Bonded 22 CCl/Speer Gold Dot 53969 Hollow Point 0.45 200 1000 $422.75 30-60 +P as c 23 Federal American Full Metal AE45A 0.45 230 1000 $312.22 30-60 v Eagle Jacket 2 24 CCl/Speer Lawman 53653 Total Metal 0.45 230 1000 $287.72 30-60 0 Jacket c) 25 Federal Classic 45D Jacketed 0.45 230 1000 $333.53 30-60 •`-' Hollow Point o Bonded a 26 CCl/Speer Gold Dot 53966 Hollow Point 0.45 230 1000 $422.75 30-60 0 27 Federal HST P45HST2 Jacketed 0.45 230 1000 $383.95 30-60 Hollow Point 2 Jacketed a 28 Federal HST P45HST1 Hollow Point 0.45 230 1000 $383.95 30-60 +P ao LO M 29 CCl/Speer Gold Dot 54256 G2 0.45 230 1000 $454.13 30-60 c 30 CCl/Speer Gold Dot 54234 Bonded 357 SIG 125 1000 $433.83 30-60 Hollow Point Jacketed 31 Federal HST P357SHST1 Hollow Point 357 SIG 125 1000 $403.92 30-60 .3 a Jacketed LU 32 Federal Classic C357B Hollow Point 357 M 125 500 $378.62 30-60 a) Jacketed o 33 Federal HST P380HST1 0.38 99 1000 $417.41 30-60 a- Hollow Point °a� 34 CCl/Speer Lawman 53608 Total Metal 0.38 95 1000 $303.14 30-60 Jacket 35 CCl/Speer RHT 53365 Frangible 9MM 100 1000 $381.54 30-60 Lead Free Total Metal f° Cn 36 Federal IRT AE9N1 Jacket, 9MM 124 1000 $216.60 30-60 0 Lead Free , Primer 0 0 Total Metal 37 CCl/Speer Cleanfire 53824 Jacket Lead 9MM 124 1000 $202.07 30-60 Free Primer E Total Metal Q Jacket, 12 38 CCl/Speer Cleanfire 53826 Lead Free 9MM 147 1000 $202.07 30-60 Primer Total Metal 0 39 CCl/Speer Cleanfire 53833 Jacket +P 0.38 158 1000 $238.38 30-60 ? Lead Free Primer 40 CCl/Speer RHT 53375 Frangible 0.4 125 1000 $423.67 30-60 Lead Free E 41 CCl/Speer Cleanfire 53982 Total Metal 0.4 165 1000 $265.03 30-60 a Jacket, a CONTRACT No.02616-AMENDMENT No.3 Page 4 (4-24-2017) Packet Pg. 263 4.K.a Lead Free Primer L Total Metal 42 CCl/Speer Cleanfire 53880 Jacket Lead 0.4 180 1000 $265.03 30-60 N Free Primer Total Metal a 43 Federal I RT AE40N 1 Jacket, 0.4 180 1000 $281.03 30-60 0 Lead Free 2 Primer o Frangible 44 CCl/Speer RHT 53395 Lead Free 0.45 155 1000 $542.29 30-60 0 a� Total Metal 45 CCl/Speer Cleanfire 53885 Jacket, 0.45 230 1000 $326.95 30-60 Lead Free a Primer v Total Metal co 46 Federal I RT AE45N 1 Jacket, 0.45 230 1000 $349.74 30-60 0 Lead Free v Primer c 47 CCl/Speer RHT 53368 Frangible, 357 SIG 100 1000 $470.44 30-60 E Lead Free Total Metal a w 48 CCl/Speer Cleanfire 54232 Lead Free 357 SIG 125 1000 $312.10 30-60 °; Primer a Jacketed ° 49 Federal Hydra-Shok P380HS1 G Hollow Point 380ACP 90 1000 $442.37 30-60 m Frangible 50 Federal Ballisticlean BC9NT3 Lead Free gMM 100 1000 $411.18 30-60 51 Federal Ballisticlean BC40CT1 Frangible 40S&W 125 1000 $430.68 30-60 0 Lead Free Cn Frangible o 52 Federal Ballisticlean BC45CT1 Lead Free 45ACP 155 1000 $543.16 30-60 American Full Metal ° 53 Federal Eagle AE380AP Jacket 380ACP 95 1000 $280.86 30-60 American Full Metal E 54 Federal Eagle AE9FP Jacket gMM 147 1000 $213.90 30-60 E L American Full Metal ° 55 Federal Ea le AE38K Jacket 38S 130 1000 $323.71 30-60 4Z g a L 56 CCl/Speer Gold Dot 53606 Bonded 380ACP 90 1000 $469.50 30-60 0 Hollow Point Bonded a� w 57 CCl/Speer Gold Dot 53921 Hollow Point 38S 135 1000 $413.96 30-60 +P Total Metal = 58 CCl/Speer Blazer 3460 Jacket, 9MM 124 1000 $224.97 30-60 E Cleanfire R Q CONTRACT No.02616-AMENDMENT No.3 Page 5 (4-24-2017) Packet Pg. 264 4.K.a Total Metal 59 CCl/Speer Blazer 3462 Jacket, 9MM 147 1000 $224.97 30-60 Cleanfire Total Metal 60 CCl/Speer Blazer 3475 Jacket, 38S 158 100 $246.20 30-60 a Cleanfire a a Total Metal 61 CCl/Speer Blazer 3477 Jacket, 40S&W 180 1000 $266.17 30-60 Cleanfire 2 0 Total Metal a 62 CCl/Speer Blazer 3480 Jacket, 45ACP 230 1000 $340.85 30-60 0 Cleanfire n 62 CCl/Speer Blazer 3509 Full Metal 9MM 115 1000 $190.24 30-60 2 Jacket a 63 CCl/Speer Blazer 3578 Full Metal 9MM 124 1000 $190.24 30-60 Jacket 00 64 CCl/Speer Blazer 3591 Full Metal 40S&W 180 1000 $259.22 30-60 Jacket 0 65 CCl/Speer Blazer 3570 Full Metal 45ACP 230 1000 $325.69 30-60 c Jacket a) 66 CCl/Speer Lawman 53620 Total Metal 9MM 147 1000 $212.42 30-60 •2 Jacket a Total Metal w 67 CCl/Speer Lawman 53919 Jacket 357SIG 125 1000 $352.04 30-60 4) 0 a CATEGORY B — Rifle Ammunition tm m Rounds Price Manufacturer Product Product Bullet Caliber Weight per Per Delivery Name Code Style (Grain) Case Case (ARO) c Pointed f° 1 Federal TRU T223A Soft 0.223 55 500 $255.14 30-60 0 Point Full o 2 Federal American AE223J Metal 0.223 55 500 $162.95 30-60 Eagle Jacket, Boat Tail E Boat Tail Q L 3 Federal TRU T223E Hollow 0.223 55 500 $280.50 30-60 w Point U 4 Federal TRU T223T Tallistic 0.223 55 500 $269.94 30-60 0 U Bonded 5 Federal Tactical LE223T1 Soft 0.223 55 200 $229.91 45-60 Point Bonded 6 CCl/Speer Gold Dot 24446 Soft 0.223 55 500 $273.92 30-60 Point �a a CONTRACT No.02616-AMENDMENT No.3 Page 6 (4-24-2017) Packet Pg. 265 4.K.a Full 7 Federal American XM193AF90 Metal 5.56 55 450 $152.39 30-60 aD Eagle Jacket, Boat Tail Bonded 8 Federal Tactical LE223T3 Soft 0.223 62 200 $229.91 45-60 a Point Bonded 0 9 CCl/Speer Gold Dot 24445SP Soft 0.223 62 500 $305.30 30-60 0 Point a 4- 10 Federal TRU T223L Soft 0.223 64 500 $263.97 30-60 0 Point W Bonded 11 CCl/Speer Gold Dot 24475 Soft 0.223 75 500 $305.30 30-60 a Point 12 Federal Premium P308F Tapllistic 0.308 150 200 $221.19 30-60 u) Full 13 Federal American AE308D Metal 0.308 150 500 $324.01 30-60 Eagle Jacket, Boat Tail 2- Bonded a 14 Federal Tactical LE308T1 Soft 0.308 165 200 $292.64 30-60 w aD Point GM308M- Boat Tail a 15 Federal Gold Medal 500 Hollow 0.308 168 500 $410.40 30-60 2Point 0 16 Federal American A76251M1A Open Tip 0.308 168 200 $221.66 30-60 0 Eagle Match Tactical CU 17 Federal Tactical LE308TT2 Bonded 0.308 168 200 $273.71 30-60 w Tip o Bonded 18 CCl/Speer Gold Dot 24458 Soft 0.308 168 500 $394.14 30-60 0 Point _ Frangible E 19 Federal Ballisticlean BC223NT5 Lead 0.223 42 500 $310.21 60 Q Free o Frangible 20 Federal Ballisticlean BC223NT5A Lead 0.223 55 500 $310.21 60 12 r Free = 0 Bonded 21 CCl/Speer Gold Dot 24457 Soft 0.308 150 500 $421.04 60-90 y Point (U Full r 22 Federal American AE223BK Metal 0.223 55 1000 $325.90 30-60 0 Eagle Jacket, E Boat Tail CU a CONTRACT No.02616-AMENDMENT No.3 Page 7 (4-24-2017) Packet Pg. 266 4.K.a Full 23 Federal Am AE223N Metal 0.223 62 500 $217.69 60-90 Eagle Jacket Full 24 Federal American XM193 Metal 5.56 55 500 $162.95 30-60 2Eagle Jacket, 0- Boat Tail U) 25 Federal American AE5022 Lead 22LR 40 5000 $309.39 90-180 .2 Eagle Solid o a. Match Boat Tail 0 26 Federal Gold Medal GM223M3 Hollow 0.223 77 200 $162.82 30-60 Point 2 L Match a 27 Federal Gold Medal GM223M-5 Boat Tail 0.223 69 500 $407.06 30-60 Hollow L, Point 0 U CATEGORY C —Shotgun Ammunition Product Product Bullet Pellet Rounds Price Delivery .E 2 Manufacturer Name Code Style Caliber Count per Per (ARO) a Case Case w 0 Plated 00 12 .o 1 Federal Tactical LE12700 Buck Gauge, 9 250 $131.70 30-60 0 Shot, Flite 2-3/4" °' Control °' 0 Hollow 12 v 2 Federal Tactical F127RS Point Gauge, - 250 $136.20 30-60 -0 Rifled 2-3/4" Slug cn Top #7.5 Bird 12 0 3 Federal Gun TGL12-7.5 Shot Gauge, - 250 $66.84 30-60 , 2-3/4" o Slug, 12 a 4 Federal Tactical LE127RS Duty, Gauge, - 250 $140.09 30-60 Practice 1" E Plated 00 Q Buck 12 1° 5 Federal Tactical LE13300 Shot, Flite Gauge, 8 250 $131.70 30-60 Control 2-3/4 00 Bc 12 U 6 Federal Tactical LE13200 Shotuck Gauge 9 250 $131.70 30-60 r Rif 12 v 7 Federal Tru-Ball LEB127LRS Slug Gauge, - 250 $140.09 30-60 2 2-3/4" 12 E 8 Federal Top TGL12-8 #8 Shot Gauge, - 250 $66.84 30-60 2-3/4 a CONTRACT No.02616-AMENDMENT No.3 Page 8 (4-24-2017) Packet Pg. 267 4.K.a Plated #1 12 9 Federal Tactical LE132-1 B Buck, Flite Gauge 15 250 $131.70 30-60 Control 00 12 10 Federal Classic F12700 Shotuck Gauge 9 250 $135.83 30-60 1oz Slug, 12 11 Federal Tru-Ball LEB127DPRS Deep Gau e - 250 $197.59 60-90 Penetrator g d #8 •o Gold Birdshot, a 12 Federal Medal T115-8 1 1/8oz, 2 Gauge - 250 $75.92 30-60 0 3/4 D E #8 Gold Birdshot, 12 13 Federal Medal T116-8 1 1/8oz, Gauge - 250 $75.92 30-60 a 3DE w LO M CATEGORY D — Marking Cartridges 0 U Rounds Price = Product Product Delivery Manufacturer Name Code gullet Style Caliber per Per (ARO) E Case Case a 1 Force on FOF FF9R2 Red Marking 9MM 500 $244.53 30 aD Force Cartridges 2 Force on Blue Marking 2 Force FOF FF9B2 Cartridges 9MM 500 $244.53 30 a- Yellow 2 3 Force on FOF FF9Y2 Marking 9MM 500 $244.53 30 0 Force Cartridges 4 Force on FOF FF9W2 White Marking 9MM 500 $244.53 30 Force Cartridges Green w 5 Force on FOF FF9G2 Marking 9MM 500 $244.53 30 Force Cartridges o 6 Force on FOF FF556R1 Red Marking 0.223 500 $299.96 30 Force Cartridges E 7 Force on FOF FF556B1 Blue Marking 0.223 500 $299.96 30 E Force Cartridges Q L Yellow ,° 8 Force on FOF FF556Y1 Marking 0.223 500 $299.96 30 0 Force Cartrid es Force on White Marking 0 9 Force FOF FF556W1 Cartridges 0.223 500 $299.96 30 Green n 10 Force on FOF FF556G1 Marking 0.223 500 $299.96 30 Force Cartridges r 11 Force on FOF FF556BCG Conversion 0.223 1 $240.35 7-May E Force Bolt 12 Force on FOF FF9NM2 Non-Marking 9MM i 500 i $244.53 30 a CONTRACT No.02616-AMENDMENT No.3 Page 9 (4-24-2017) Packet Pg. 268 4.K.a Force Cartridges 13 Force on FOF FF9BLK2 Blank Round 9MM 500 $236.16 30 aD Force c 14 Force on FOF FF556NM2 Non-Marking 5.56 500 $299.96 30 N Force Round 15 Simunition FX 5320761 Red Marking 9MM 500 $250.98 30 Cartridges cn 16 Simunition FX 5320762 Blue Marking 9MM 500 $250.98 30 `2 Cartridges a Yellow o 17 Simunition FX 5320764 Marking 9MM 500 $250.98 30 Cartridges 18 Simunition FX 5320766 White Marking 9MM 500 $250.98 30 Cartridges a Orange 19 Simunition FX 5320763 Marking 9MM 500 $250.98 3000 Cartridges Green ° U 20 Simunition FX 5320765 Marking 9MM 500 $250.98 30 Cartridges E E 21 Simunition FX 5501001 Red Marking 0.38 500 $311.64 30 3 Cartridges w 22 Simunition FX 5501002 Blue Marking 0.38 500 $311.64 30 0 Cartridges 2 0 23 Simunition FX 5359101 Red Marking 0.223 500 $352.43 30 0 Cartridges m 24 Simunition FX 5359102 Blue Marking 0.223 500 $352.43 30 0 Cartridges ° Yellow 25 Simunition FX 5359104 Marking 0.223 500 $352.43 30 r_ Cartridges vn LU 26 Simunition FX 5359106 White Marking Cartridges 0.223 500 $352.43 30 ' c 27 Simunition FX 5308990 Bolt 0.223 1 $298.05 30 ° 28 Simunition FX 5320779 Non-Marking Cartridges 9MM 500 $255.16 30 E � E Securiblanks, Q 29 Simunition Securiblank 5306001 Loud 9MM 500 $194.50 30 0 30 Simunition FX 5359109 Non-Marking 5.56 500 $338.83 30-45 Cartridges ° Securiblanks, ° 31 Simunition Securiblank 5359108 Loud 5.56 500 $352.43 30-45 r N 32 Simunition Secruiblank 5306005 Securiblanks, 9MM 500 $194.50 30-45 Quiet r c a� E a CONTRACT No.02616-AMENDMENT No.3 Page 10 (4-24-2017) Packet Pg. 269 4.K.a R State of Washington Contracts& Procurement Division c San Diego Police Equipment Company, Inc. 3 Department of Enterprise Services 8205-A Ronson Road P.O. Box 41411 - CL Olympia, WA 98504-1411 San Diego, CA 92111 U) m FOURTH AMENDMENT 2 0 TO a. CONTRACT No. 02616 0 W AMMUNITION t U L IL This Fourth Amendment ("Amendment") to Contract No.02616 is made and entered into by and Go between the State of Washington acting by and through the Department of Enterprise Services, a LO Washington State governmental agency ("State") and San Diego Police Equipment: Company, Inc. a California Company ("Contractor") and is dated as of February 1, 2021. �j r c RECITALS .2- A. State and Contractor (collectively the "Parties") entered into that certain Contract No. 02616 for CT Ammunition dated effective as of January 1, 2017 ("Contract"). w 0 B. The Parties previously amended the Contract three times. 2 0 a. Amendment 1 effective July 1, 2017 (Vendor Management Fee) 0 M b. Amendment 2 effective January 1, 2018 (Economic adjustment) m 0 c. Amendment 3 effective February 1, 2019 (Economic adjustment) C. The amendment set forth herein is within the scope of the Contract. c ca D. The Parties now desire to amend the Contract as set forth herein. Y) w 0 0 AGREEMENT Now THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the Parties ' E hereby agree to amend the Contract, as previously amended, as follows: E Q L 1. ECONOMIC ADJUSTMENT. The contract ceiling prices are amended, not to exceed the prices set 12 forth in Exhibit A. i r 2. No CHANGE OTHER THAN AMENDMENT. Except as amended herein, the Contract is unaffected and 00 remains in full force and effect. v L r N 3. INTEGRATED AGREEMENT; MODIFICATION. This Amendment constitutes the entire agreement and R understanding of the Parties with respect to the subject matter and supersedes all prior negotiations and representations. In the event of any conflict between this Amendment and the E Contract or any earlier amendment, this Amendment shall control and govern. This Amendment may not be modified except in writing signed by the Parties. Q ----------------- -- -- ---- - — - _---- - -— --- - ---No. 0261E-AMENDMENT No.4 Page 1 (4-24-2017) Packet Pg. 270 4.K.a 4. AUTHORITY. Each party to this Amendment, and each individual signing on behalf of each party, hereby represents and warrants to the other that it has full power and authority to enter into this Amendment and that its execution, delivery, and performance of this Amendment has been c fully authorized and approved, and that no further approvals or consents are required to bind y such party. m .Q a S. ELECTRONIC SIGNATURES. A signed copy of this Amendment or any other ancillary agreement U i transmitted by facsimile, email, or other means of electronic transmission shall be deemed to 0) have the same legal effect as delivery of an original executed copy of this Amendment or such 0 a other ancillary agreement for all purposes. o W N 6. COUNTERPARTS. This Amendment may be executed in one or more counterparts, each of which z shall be deemed an original, and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this (L Amendment at different times and places by the parties shall not affect the validity thereof so Go long as all the parties hereto execute a counterpart of this Amendment. M EXECUTED AND EFFECTIVE as of the day and date first above written. U r c SAN DIEGO POLICE EQUIPMENT COMPANY, INC., STATE OF WASHINGTON E A CALIFORNIA COMPANY DEPARTMENT OF ENTERPRISE SERVICES f W By: � �T� By: _ d 0 Name: L� + K) �� Name: Breann Aggers c Title: Title: Contracts Specialist ) 6 Date: ' /� � t Date: U) c ca U) w 0 c c E E Q L W Y V L r 0 U L r N R C N E t V Q CONTRACT No. 02616-AMENDMENT No.4 Page 2 (4-24-2017) Packet Pg. 271 4.K.a R L EXHIBIT A PRICING c CATEGORY A—Handgun Ammunition ° Product Product Weight Rounds Price Deliver 'Q Manufacturer Name Code Bullet Style Caliber (Grain) Per Per y (ARO) Q- Case Case U) 1 Federal Eagle American AE9DP Jacket Full Metal 9MM 115 1000 $199.50 30-60 U - 2 CCl/S eer Lawman 53650 Total Metal 9MM 115 1000IL p Jacket $193.05 30-60 0 Jacketed ° 3 Federal Classic 9BP 9MM 115 1000 $221.67 30-60 N Hollow Point t American Full Metal V 4 Federal Eagle AE9AP Jacket 9MM 124 1000 $199.50 30-60 IL Bonded 5 CCl/Speer Gold Dot 53618 Hollow Point 9MM 124 1000 $366.13 30-60 00 LO Jacketed 6 Federal HST P9HST3 Hollow Point 9MM 124 1000 $319.05 30-60 0 +P U r Jacketed 7 Federal HST P9HST1 9MM 124 1000 $319.05 30-60 Hollow Point E a 8 CCl/Speer Lawman 53651 Total Metal 9MM 124 1000 $193.05 30-60 a Jacket w Bonded d 9 CCl/Speer Gold Dot 53617 Hollow Point 9MM 124 1000 $366.13 30-60 0 +P d Jacketed ° 10 Federal HST P9HST2 9MM 147 1000 $319.05 30-60 Hollow Point 11 CCl/Speer Gold Dot 54226 G2 9MM 147 1000 $403.30 30-60 Bonded 12 CCl/Speer Gold Dot 53720 38 SPL 125 1000 $372.15 30-60 rn Hollow Point c 13 CCl/Speer Gold Dot 53949 BondedPoint 0.4 165 1000 $403.32 30-60 w P40HST Jacketed 14 Federal HST 0.4 165 1000 $348.28 30-60 3 Hollow Point 0 Total Metal ° 15 CCl/Speer Lawman 53981 Jacket 0.4 165 1000 $250.70 30-60 16 Federal American AE40R3 Full Metal 0.4 165 1000 $263.80 30-60 E Eagle Jacket Q 17 CCl/Speer Lawman 53652 Total Metal 0.4 180 1000 $250.70 30-60 0 Jacket w P40HST Jacketed U 18 Federal HST 0.4 180 1000 $348.18 30-60 1 Hollow Point r c 19 CCl/Speer Gold Dot 53962 Bonded 0.4 180 1000 $403.32 30-60 U Hollow Point L 20 CCl/Speer Gold Dot 53999 G2 0.4 180 1000 $422.29 30-60 N R C N E t V Q - --- - - ------- .-._. - ------- ---------- ------------ - CONTRACT NO. 02616-AMENDMENT No.4 Page 3 (4-24-2017) Packet Pg. 272 4.K.a R L 3 N d .Q Q 3 U) d V O a O a� N R t V L a 00 LO M O U r c m E a a W N u O d O d 6 C R C cC Cn W C C 3 E E Q L O W Y V L r O U L r N R C N E t V Q CONTRACT No. 02616-AMENDMENT NO.4 Page 4 (4-24-2017) Packet Pg. 273 4.K.a 21 Federal Classic 45C JacketedHollow Point 0.45 185 1000 $384.18 30-60 Bonded -0a 22 CCl/Speer Gold Dot 53969 Hollow Point 0.45 200 1000 $426.85 30-60 +P y m 23 Federal American AE45A Full Metal 0.45 230 1000 $315.25 30-60 CL a Eagle Jacket Total Metal U) 24 CCl/Speer Lawman 53653 Jacket 0.45 230 1000 $290.52 30-60 0) Jacketed 0 25 Federal Classic 45D 0.45 230 1000 $336.76 30-60 a Hollow Point 0 26 CCl/Speer Gold Dot 53966 Bonded 0.45 230 1000 $426.85 30-60 u0i Hollow Point 0 P45HST Jacketed 2 27 Federal HST 0.45 230 1000 $387.68 30-60 0 2 Hollow Point a P45HST Jacketed 28 Federal HST Hollow Point 0.45 230 1000 $387.68 30-60 0000 1 LO +P M 29 CCl/S eer Gold Dot 54256 G2 0.45 230 1000 $458.53 30-60 0 Bonded V 30 CCl/Speer Gold Dot 54234 Hollow Point 357 SIG 125 1000 $438.04 30-60 P357SH Jacketed E 31 Federal HST 357 SIG 125 1000 $407.84 30-60 a ST1 Hollow Point .3 32 Federal Classic C357B Jacketed 357 M 125 500 $382.29 30-60 w Hollow Point d P380HS Jacketed 33 Federal HST T1 Hollow Point 0.38 99 1000 $421.46 30-60 0 34 CCl/Speer Lawman 53608 Total Metal 0.38 95 1000 $306.09 30-60 am Jacket m Frangible a 35 CCl/Speer RHT 53365 Lead Free 9MM 100 1000 $385.25 30-60 Total Metal -0 36 Federal IRT AE9N1 Jacket, Lead 9MM 124 1000 $218.70 30-60 ca Free Primer U) Total Metal w 37 CCl/Speer Cleanfire 53824 Jacket Lead 9MM 124 1000 $204.03 30-60 Free Primer 0 Total Metal 38 CCl/Speer Cleanfire 53826 Jacket, Lead 9MM 147 1000 $204.03 30-60 Free Primer E Total Metal Q 39 CCl/Speer Cleanfire 53833 Jacket+P Lead Free 0.38 158 1000 $240.69 30-60 'q Primer r Frangible 40 CCl/Speer RHT 53375 Lead Free 0.4 125 1000 $427.78 30-60 0 Total Metal a� r 41 CCl/Speer Cleanfire 53982 Jacket, Lead 0.4 165 1000 $267.61 30-60 Free Primer Total Metal 42 CCl/Speer Cleanfire 53880 Jacket Lead 0.4 180 1000 $267.61 30-60 Free Primer Total Metal 43 Federal IRT AE40N1 Jacket, Lead 0.4 180 1000 $283.76 30-60 Q Free Primer CONTRACT NO. 02616-AMENDMENT No.4 Page 5 (4-24-2017) Packet Pg. 274 4.K.a 44 CCl/Speer RHT 53395 Frangible 0.45 155 1000 $547.56 30-60 Lead Free Total Metal 45 CCl/Speer Cleanfire 53885 Jacket, Lead 0.45 230 1000 $330.12 30-60 Free Primer m Total Metal a 46 Federal IRT AE451\11 Jacket, Lead 0.45 230 1000 $353.14 30-60 Free Primer U) m � 47 CCl/Speer RHT 53368 Frangible,Lead Free 357 SIG 100 1000 $475.01 30-60 .o a Total Metal o 48 CCl/Speer Cleanfire 54232 Jacket, Lead 357 SIG 125 1000 $315.13 30-60 W Free Primer cyv P380HS Jacketed U 49 Federal Hydra-Shok 1G Hollow Point 380ACP 90 1000 $446.67 30-60 3 a 50 Federal Ballisticlean BC9NT3 Frangible 9MM 100 1000 $415.18 30-60 Lead Free 00 LO 51 Federal Ballisticlean BC40CT Frangible1 Lead Free 40S&W 125 1000 $434.86 30-60 0 U 52 Federal Ballisticlean BC45CT Frangible 1 Lead Free 45ACP 155 1000 $548.44 30 60 m American AE380A Full Metal E 53 Federal Eagle P Jacket 380ACP 95 1000 $283.59 30-60 a .3 American Full Metal a 54 Federal Eagle AE9FP Jacket 9MM 147 1000 $215.98 30-60 w 9 d American Full Metal 2 55 Federal Eagle AE38K Jacket 38S 130 1000 $326.85 30-60 a 56 CCl/Speer Gold Dot 53606 Bonded 380ACP 90 1000 $474.05 30-60 am Hollow Point m Bonded 57 CCl/Speer Gold Dot 53921 Hollow Point 38S 135 1000 $417.98 30-60 c�v +P U) Total Metal ca 58 CCl/Speer Blazer 3460 Jacket, 9MM 124 1000 $227.15 30-60 U) Cleanfire w Total Metal 59 CCl/Speer Blazer 3462 Jacket, 9MM 147 1000 $227.15 30-60 0 Cleanfire +' c Total Metal 60 CCl/Speer Blazer 3475 Jacket, 38S 158 100 $248.59 30-60 E E Cleanfire Q Total Metal o w 61 CCl/Speer Blazer 3477 Jacket, 40S&W 180 1000 $268.76 30-60 U Cleanfire r Total Metal 0 62 CCl/Speer Blazer 3480 Jacket, 45ACP 230 1000 $344.15 30-60 U Cleanfire r N R C N E t V Q - CONTRACT No. 02616-AMENDMENT NO,4 Page 6 (4-24-2017) Packet Pg. 275 4.K.a 62 CCl/Speer Blazer 3509 Full Metal gMM 115 1000 $192.10 30-60 Jacket m 63 CCl/Speer Blazer 3578 Full Metal gMM 124 1000 $192.10 30-60 Jacket 3 Full Metal 64 CCl/Speer Blazer 3591 40S&W 180 1000 $261.73 30-60 m Jacket Q Full Metal Q' 65 CCl/Speer Blazer 3570 Jacket 45ACP 230 1000 $328.85 30-60 U) m � 66 CCl/Speer Lawman 53620 Jacket Total Metal 9MM 147 1000 $214.48 30-60 .o a 67 CCl/Speer Lawman 53919 Total Metal 357SIG 125 1000 $355.46 30-60 0 Jacket N R t CATEGORY B—Rifle Ammunition 2 Product Weight Rounds PriceDeliver d Manufacturer Name Product Code Bullet Style Caliber (Grain) Cper Per ase C se y (ARO) 00 Pointed Soft LO 1 Federal TRU T223A Point 0.223 55 500 $257.61 30-60 0 Full Metal U 2 Federal American AE223J Jacket, Boat 0.223 55 500 $164.52 30-60 c Eagle Tail 3 Federal TRU T223E Boat Tail 0.223 55 500 $283.22 30-60 Hollow Point a 4 Federal TRU T223T Ballistic Tip 0.223 55 500 $272.57 30-60 W CD 5 Federal Tactical LE223T1 Bonded Soft 0.223 55 200 $232.14 45-60 2 Point 0 Bonded Soft d 6 CCl/Speer Gold Dot 24446 Point 0.223 55 500 $276.58 30-60 a� m American Full Metal 0 7 Federal Eagle XM193AF90 Jacket, Boat 5.56 55 450 $153.87 30-60 Tail rn 8 Federal Tactical LE223T3 Bonded Soft 0.223 62 200 $232.14 45-60 Point ca Bonded Soft rn 9 CCl/Speer Gold Dot 24445SP Point 0.223 62 500 $276.58 30-60 LU 10 Federal TRU T223L Soft Point 0.223 64 500 $266.54 30-60 Bonded Soft 0 11 CCl/Speer Gold Dot 24475 Point 0.223 75 500 $276.58 30-60 c 121 Federal Premium P308F Ballistic Tip 0.308 150 200 $223.34 30-60 E American Full Metal E 13 Federal AE308D Jacket, Boat 0.308 150 500 $327.16 30-60 Q Eagle Tail o w 14 Federal Tactical LE308T1 Bonded Soft 0.308 165 200 $295.49 30-60 U Point L Gold Boat Tail a 15 Federal Medal GM308M-500 Hollow Point 0.308 168 500 $414.39 30-60 0 U 16 Federal American A76251M1A Open Tip 0.308 168 200 $223.82 30-60 Eagle Match w R c a� E ca Q —--- ---- -- - -—--- --- - -- _ - -- -- CONTRACT No. 02616-AMENDMENT No,4 Page 7 (4-24-2017) Packet Pg. 276 4.K.a 17 Federal Tactical LE308TT2 Tactical 0.308 168 200 $276.37 30-60 cv Bonded Ti Bonded Soft 18 CCl/Speer Gold Dot 24458 0.308 168 500 $397.97 30-60 Point Ballisticlea Frangible 0 19 Federal n BC223NT5 Lead Free 0.223 42 500 $313.22 60 m 20 Federal Ballisticlea BC223NT5A Frangible 0. 0.223 55 500 $313.22 60 n Lead Free U) Bonded Soft m 21 CCl/Speer Gold Dot 24457 0.308 150 500 $425.13 60-90 2 Point 0 Full Metal a 22 Federal American AE223BK Jacket, Boat 0.223 55 1000 $329.07 30-60 0 Eagle Tail N American Full Metal 23 Federal AE223N 0.223 62 500 $219.80 60-90 t Eagle Jacket American Full Metal a 24 Federal Eagle XM193 Jacket, Boat 5.56 55 500 $164,52 30-60 Tail 00 LO 25 Federal American AE5022 Lead Solid 22LR 40 5000 $312.39 90-180 0 Gold Match Boat U 26 Federal Medal GM223M3 Tail Hollow 0.223 77 200 $164.40 30-60 Point E Match Boat Q- 27 Federal Gold Medal GM223M-5 Tail Hollow 0.223 69 500 $411.01 30-60 0 a Point W d 2 0 a 0 am m 0 c R rn c ca U) w 0 c c E E Q L W Y V L r 0 U L r N R C N E t V Q CONTRACT NO. 02616-AMENDMENT NO.4 Page 8 (4-24-2017) Packet Pg. 277 4.K.a CATEGORY C—Shotgun Ammunition Rounds Price Product Product Pellet Deliver Manufacturer Name Code Bullet Style Caliber Count per Per � y (ARO) Case Case 3 Plated 00 12 m 1 Federal Tactical LE12700 Buck Shot, Gauge, 9 250 $132.98 30-60 Q Flite Control 2-3/4" Q- Hollow Point 12 � 2 Federal Tactical F127RS Rifled Slug Gauge, - 250 $137.51 30-60 0) 2-3/4" 0 12 IL 3 Federal Top Gun TGL12-7.5 #7.5 Bird Gauge, - 250 $67.49 30-60 0 Shot W 2-3/4" ui 12 t 4 Federal Tactical LE127RS Slug, Duty, Gauge, - 250 $141.45 30-60 Practice 1„ a Plated 00 12 00 5 Federal Tactical LE13300 Buck Shot, Gauge, 8 250 $132.98 30-60 LO Flite Control 2-3/4" 00 12 6 Federal Tactical LE13200 Shotuck Gauge 9 250 $132.98 30-60 U r 12 m 7 Federal Tru-Ball LEB127LRS Rifled Slug Gauge, - 250 $141.45 30-60 E 2-3/4" 12 a LU 8 Federal Top Gun TGL12-8 #8 Shot Gauge, - 250 $67.49 30-60 d 2-3/4" V Plated#1 9 Federal Tactical LE132-1 B Buck, Flite 12 d 15 250 $132.98 30-60 0 Control Gauge m 00 12 10 Federal Classic F12700 Shotuck Gau e 9 250 $137.16 30-60 9 c�v 1 oz Slug, U) LE6127DPR 12 11 Federal Tru-Ball Deep - 250 $199.52 60-90 c S Penetrator Gauge ca #8 Birdshot, W 12 12 Federal Gold Medal T115-8 11 1/8oz,2% Gauge - 250 $76.66 30-60 DE 13 Federal Gold Medal T116-8 #8 Birdshot, 12 _ 66 30-60.250 $76 1 1/8oz, 3DE Gauge � E E Q L W Y V L r 0 U L r N R C N E t V Q CONTRACT NO. 02616-AMENDMENT No.4 Page 9 (4-24-2017) Packet Pg. 278 4.K.a CATEGORY D-Marking Cartridges Product Rounds L New Deliver Manufacturer Bullet Style Caliber per Name Product Code Case Price y (ARO) Force on Red Marking m 1 Force FOF FF9R2 Cartridges 9MM 500 $246.90 30 0- Force on Blue Marking ' 2 Force FOF FF962 9MM 500 $24690 30 U) . Cartridges 0) Force on Yellow o 3 Force FOF Marking 9MM 500 $246.90 30 a. FF9Y2 Cartridges 0 White 4 Force on FOF Marking 9MM 500 $246.90 30 t Force FF9W2 Cartridges Force a on 5 Force FOF Marking 9MM 500 $246.90 30 00 FF9G2 Cartridges LO M 6 Force on FOF Red Marking 0.223 500 $302.88 30 0 Force FF556R1 Cartridges V Force on Blue Marking 7 Force FOF FF556B1 Cartridges 0.223 500 $302.88 30 m E Yellow Q- 8 Force on FOF Marking 0.223 500 $302.88 30 a Force FF556Y1 w Cartridges d White 2 9 Force on FOF Marking 0.223 500 $302.88 30 a0 Force FF556W1 Cartridges � Force on Green m 10 FOF Marking 0.223 500 $302.88 30 Force FF556G1 Cartridges Force on Conversion 11 FOF 0.223 1 $242.68 5-7 Force FF556BCG Bolt ca Force on Non-Marking Cn 12 FOF Cartridges 9MM 500 $246.90 30 0 Force FF9NM2 13 Force on FOF Blank Round 9MM 500 $238.45 30 Force FF9BLK2 g Force on Non-Marking 14 Force FOF FF556NM2 Round 5.56 500 : 302.88 30 E 15 Simunition FX Red Marking 9MM 500 $253.41 30 Q 5320761 Cartridges ° 16 Simunition FX Blue Marking 9MM 500 $253.41 30 U 5320762 Cartridges Yellow r c 17 Simunition FX Marking 9MM 500 $253.41 30 0 5320764 Cartridges White w 18 Simunition FX Marking 9MM 500 $253.41 30 5320766 Cartridges c a� E ca Q - -- ---- - -- ----- --- - ----- -- - -- -- - _. _-------.- - CONTRACT NO. 02616-AMENDMENT No.4 Page 10 (4-24-2017) Packet Pg. 279 4.K.a Orange R 19 Simunition FX Marking 9MM 500 $253.41 30 5320763 Cartridges Green 20 Simunition FX Marking 9MM 500 $253.41 30 5320765 Cartridges Q- a Red Marking 21 Simunition FX 5501001 Cartrid es 0.38 500 $314.66 30 ) Blue Marking 22 Simunition FX 5501002 Cartridges 0.38 500 $314.66 30 0 IL Red Marking 0 23 Simunition FX 5359101 Cartridges 0.223 500 $355.85 30 y Blue Marking z 24 Simunition FX 5359102 Cartridges 0.223 500 $355.85 30 i Yellow a 25 Simunition FX Marking 0.223 500 $355.85 30 Go 5359104 Cartridges LO White M 26 Simunition FX Marking 0.223 500 $355.85 30 �j 5359106 Cartridges 27 Simunition FX 5308990 Bolt 0.223 1 $300.94 30 E Non-Marking 0- 28 Simunition FX 5320779 Cartridges 9MM 500 $257.63 30 a Securiblanks, w 29 Simunition Securiblank 9MM 500 $196.39 30 5306001 Loud Non-Marking a 30 Simunition FX 5359109 Cartridges 5.56 500 $342.12 30-45 0 31 Simunition Securiblank Securiblanks,5359108 Loud 5.56 500 $355.85 30-45 � c 32 Simunition Secruiblank Securiblanks,5306005 Quiet 9MM 500 $196.39 30-45 c) c ca cn w 0 c c E E Q L Jq W Y V L r 0 U L r N R C N E t V Q --__-_.-------- CONTRACT No, 02616-AMENDMENT No.4 Page 11 (4-24-2017) Packet Pg. 280 4.K.a State of Washington Contracts & Procurement Division San Diego Police Equipment Company, Inc. Department of Enterprise Services 8205-A Ronson Road ' P.O. Box 41411 San Diego, CA 92111 Olympia, WA 98SO4-1411 a U) FIFTH AMENDMENT TO d CONTRACT No. 02616 0 AMMUNITION t U L IL This Fifth Amendment ("Amendment") to Contract No. 02616 is made and entered into by and between the State of Washington acting by and through the Department of Enterprise Services, a Washington Go State governmental agency ("State") and San Diego Police Equipment Company, Inc., a California Company("Contractor") and is dated as of May 31, 2021. 0 r c RECITALS E A. State and Contractor (collectively the "Parties") entered into that certain Contract No. 02616 for 3 Ammunition dated effective as of January 1, 2017 ("Contract"). w d B. The Parties previously amended the Contract four times. 0 a. Amendment 1 effective July 1, 2017 (Vendor Management Fee) a 0 a� b. Amendment 2 effective January 7, 2018 (Economic Adjustment) 0 c. Amendment 3 effective February 1, 2019 (Economic Adjustment) U) d. Amendment 4 effective February 1, 2021 (Economic Adjustment) ca C. The amendment set forth herein is within the scope of the Contract. Cn w D. The Parties now desire to amend the Contract as set forth herein. c c AGREEMENT E Now THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the Parties E Q hereby agree to amend the Contract, as previously amended, as follows: o w E 1. REMOVAL PRODUCTS. Category D- Marketing Cartridges of the Contract is hereby amended by M deleting the Force to Force products in its entirety. o U 2. NO CHANGE OTHER THAN AMENDMENT. Except as amended herein, the Contract is unaffected and , remains in full force and effect. R 3. INTEGRATED AGREEMENT; MODIFICATION. This Amendment constitutes the entire agreement and c understanding of the Parties with respect to the subject matter and supersedes all prior E negotiations and representations. In the event of any conflict between this Amendment and the U Q ----. ---._. — -- - ----------............ ... -- -- - —-- - -- ---------- CONTRACT No. 02616-AMENDMENT No.5 Page 1 (4-24-2017) Packet Pg. 281 4.K.a Contract or any earlier amendment, this Amendment shall control and govern. This Amendment may not be modified except in writing signed by the Parties. c 4. AUTHORITY. Each party to this Amendment, and each individual signing on behalf of each party, ' hereby represents and warrants to the other that it has full power and authority to enter into m this Amendment and that its execution, delivery, and performance of this Amendment has been a fully authorized and approved, and that no further approvals or consents are required to bind v) such party. 0) 0 5. ELECTRONIC SIGNATURES. A signed copy of this Amendment or any other ancillary agreement o transmitted by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment or such other ancillary agreement for all purposes. 2 L a 6. COUNTERPARTS. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same LO Go instrument which may be sufficiently evidenced by one counterpart. Execution of this Amendment at different times and places by the parties shall not affect the validity thereof so �j long as all the parties hereto execute a counterpart of this Amendment. m E EXECUTED AND EFFECTIVE as of the day and date first above written. Q' .3 as w SAN DIEGO POLICE EQUIPMENT COMPANY, INC., STATE OF WASHINGTON N A CALIFORNIA COMPANY DEPARTMENT OF ENTERPRISE SERVICES .2 d By: By: 6 Name: Ryan King Name: Breann Aggers c R U) Title: Sales Manager Title: Contracts Specialist Date: Date: �2-. �7 5/25/21 Cn w 0 c c E E Q L W Y V L r 0 U L r N R C N E t V Q CONTRACT No. 02616-AMENDMENT NO.5 Page 2 (4-24-2017) Packet Pg. 282 4.K.a State of Washington Contracts & Procurement Division San Diego Police Equipment Company, Inc. Department of Enterprise Services 8205-A Ronson Road P.O. Box 41411 San Diego, CA 92111 ai Olympia, WA 98504-1411 a U) SIXTH AMENDMENT 00) TO 0 a. CONTRACT NO. 02616 0 AMMUNITION N cv t U This Sixth Amendment ("Amendment")to Contract No. 02616 is made and entered into by and between the State of Washington acting by and through the Department of Enterprise Services, a Washington a State governmental agency("State") and San Diego Police Equipment Company, Inc., a California Go LO Company("Contractor") and is dated as of March 11 2022. 0 RECITALS v r c A. State and Contractor (collectively the "Parties") entered into that certain Contract No. 02616 for E Ammunition dated effective as of January 1, 2017 ("Contract"). a B. The Parties previously amended the Contract five times. w d a. Amendment 1 effective July 1, 2017 (Vendor Management Fee Language Change) •o a b. Amendment 2 effective January 7, 2018 (Vendor Management Fee Pricing Adjustment) 0 c. Amendment 3 effective February 1, 2019 (Economic Price Adjustment) 'm p c d. Amendment 4 effective February 1, 2021 (Economic Price Adjustment) U) e. Amendment 5 effective May 31, 2021 (Product Removal) C. The Amendment set forth herein is within the scope of the Contract. w 0 D. The Parties now desire to amend the Contract as set forth herein. 0 AGREEMENT c Now THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the Parties E hereby agree to amend the Contract, as previously amended, as follows: E Q 1. PRICE ADJUSTMENT LANGUAGE. Section 3.3-ECONOMIC PRICE ADJUSTMENT("EPA") and Section 3.4-PRICE o CEILING are hereby amended by deleting the sections in their entirety and replaced with the following: r 1.1. SECTION 3.3 ECONOMIC PRICE ADJUSTMENT("EPA"). Pricing will remain firm and fixed for the initial o term of the Contract.The prices set forth in Exhibit A may be adjusted annually at Contractor v L request, based upon the percent changes (whether up or down) in the United States y Department of Labor, Bureau of Labor and Statistics ("BLS") Price Product Indices("PPI") for the most recent year. See Section 3.3.2 EPA Calculation Process for Indices. In the event of a pricing dispute, Contractor must continue to provide products at current prices until new pricing is agreed upon. ca Q CONTRACT No.02616-AMENDMENT NO.6 Page 1 02-01-2022 Packet Pg. 283 4.K.a Incidental charges (minimum order fee, shipping, express shipping, lift gate fee, etc.) are not R eligible for an annual price adjustment based on PPI. c 1.1.1.Section 3.3.1 CRITERIA FOR VALID EPA REQUEST.The Contractor must meet the following criteria in order to submit a valid EPA request: 2 a. REQUEST PERIOD.The EPA request must be sent by the Contractor within a two (2) month period between October 15 and December 15 to be eligible for an U) m EPA on the following February 1. Requests made on or after December 16 are 2 subject to State approval via DES and may be deemed an invalid request. a. b. WRITTEN EMAIL TO ASSIGNED STATE EMPLOYEE.The EPA request must be a written o email sent by the Contractor to the DES Primary Contact or their designee (listed on the DES website at the Ammunition Contract#02616 Contract Summary Page). Contractor may contact the State via The Contracts Resource Center(currently available at 360-407-2210) if Contractor is unable to a determine the DES Primary Contact. Go LO c. GOOD STANDING. Contractor must be in good standing by reasonably !"- performing Contract obligations and being up to date on VMF payments. o 1.1.2.SECTION 3.3.2 EPA CALCULATION PROCESS. All calculations for the index shall be based upon the latest version of final data published as of November each year(preliminary data will E not be used). Prices shall be adjusted annually on February 1 provided the Contractor a successfully submits an EPA request. If an index is recoded, and the replacement is a a direct substitute according to the BLS,this Contract will instead use the recode. If an index w aD becomes unavailable, Enterprise Services shall substitute a proxy index. If there is not a 2 direct substitute,the next higher aggregate index available will be used. The economic o a adjustment shall be calculated as follows m New Price= Old Price x(Current Period Index/Base Period Index). o The following final data from this US BLS index will be inserted in the formula above: Small Arms Ammunition Manufacturing PCU332992332992 c�a Cn w A Period Index is defined as the annual average. 1.2. SECTION 3.4 PRICE CEILING.Although Contractor may offer lower prices to Purchasers, during the o term of this Master Contract, Contractor guarantees to provide the Goods/Services at no greater than the prices set forth in Exhibit A—Prices for Goods/Services subject to Economic Price Adjustment as set forth herein. E 1.2.1.SECTION 3.4.1 TEMPORARY PRICE ADJUSTMENT. Notwithstanding any provision to the contrary, Q L upon written request by Contractor, Enterprise Services will review, evaluate, and, as 12 appropriate in its sole determination, approve temporary price adjustments pertaining to U Master Contract goods/services impacted by unexpected costs that are beyond the Master Contract's applicable price adjustment procedures, if any; Provided, however,that: v (a) Contractor must request such temporary price adjustment in writing and set forth the unexpected costs that are adversely impacting Contractor's specific Master Contract w R goods/services; (b) The unexpected costs must be unanticipated, beyond the reasonable control of c Contractor, and impacting Contractor's industry/market segment (if the unexpected costs E only are impacting Contractor and not its competitors, there will be no temporary price adjustment); a CONTRACT No.02616-AMEN DMENT NO.6 Page 2 02-01-2022 Packet Pg. 284 4.K.a (c) The unexpected costs must not be part of any other price adjustment (e.g., a PPI inflation adjustment) allowed or provided by the Master Contract and, if granted by Enterprise Services,the impact of any temporary price adjustment will be considered by Enterprise Services and factored into any other price adjustments as allowed or provided by the Master Contract; m (d) Contractor must propose to Enterprise Services a reasonable,temporary price 0- adjustment that, based on a material input percentage basis (or similar appropriate metric) U) for the goods/services equitably aligns Master Contract prices for impacted goods/services 0) with the Master Contract's allocation of risk/return (e.g., Contractor's margin); o (e) Contractor must document to Enterprise Services that Contractor already has _ implemented equivalent or greater price adjustments for Contractor's goods/services to other non-affiliated customers outside of the Master Contract based on the unexpected costs identified to Enterprise Services; 2 (f) Contractor, acting in good faith, also must evaluate and, as appropriate, propose a temporary price adjustments if costs for Contractor's Master Contract goods/services have Go unexpectedly decreased; M (g) Enterprise Services, acting in good faith,will have sole discretion to approve the scope, amount, and duration of any temporary price adjustment; C) (h) Any such temporary price adjustment will be temporary and will include a stated period that will not exceed 180 days (Contractor, if circumstances warrant, may seek a subsequent a temporary price adjustment); 3 (i) Temporary Price Adjustments shall operate outside the amendment process. The power w to approve, rescind, reapprove, and adjust prices shall be done in writing via email between 4) the State's approved DES designee and Contractor; and a (j) Unless and until a temporary price adjustment is approved in writing by Enterprise G Services, Contractor will not adjust Master Contract prices. m 0 2. PRICE ADJUSTMENT. Prices are hereby amended to reflect a +6.4% EPA in line with PPI.The previous Exhibit A—Prices for Goods/Services is deleted in its entirety and replaced with Exhibit A: Revised 3/1/22.The items listed in Exhibit A are amended to reflect updated pricing. c�a Cn w 3. PRODUCT REMOVAL.The following items have been discontinued by the manufacturer and will therefore be removed from Exhibit A: Federal Tactical Plated #1 Buck, Flite Control (LE132-113), o Federal Gold Medal #8 Birdshot, 1 1/8oz, 2% DE (T115-8), and Federal Gold Medal#8 Birdshot, 1 1/8 oz, 3DE (T116-8). E E 4. NO CHANGE OTHER THAN AMENDMENT. Except as amended herein,the Contract is unaffected and Q L remains in full force and effect. ,O U S. INTEGRATED AGREEMENT;MODIFICATION.This Amendment constitutes the entire agreement and understanding of the Parties with respect to the subject matter and supersedes all prior v negotiations and representations. In the event of any conflict between this Amendment and the Contract or any earlier amendment,this Amendment shall control and govern. This Amendment w may not be modified except in writing signed by the Parties. c 6. AUTHORITY. Each party to this Amendment, and each individual signing on behalf of each party, W E hereby represents and warrants to the other that it has full power and authority to enter into this ca a CONTRACT No.02616-AMEN DMENT NO.6 Page 3 02-01-2022 Packet Pg. 285 4.K.a Amendment and that its execution, delivery, and performance of this Amendment has been fully authorized and approved,and that no further approvals or consents are required to bind such party. `m 7. ELECTRONIC SIGNATURES. A signed copy of this Amendment or any other ancillary agreement transmitted by facsimile, email, or other means of electronic transmission shall be deemed to have m the same legal effect as delivery of an original executed copy of this Amendment or such other Q- a ancillary agreement for all purposes. ' U) m 8. COUNTERPARTS. This Amendment may be executed in one or more counterparts, each of which shall .2 be deemed an original, and all of which counterparts together shall constitute the same instrument (L which may be sufficiently evidenced by one counterpart. Execution of this Amendment at different 0 a) times and places by the parties shall not affect the validity thereof so long as all the parties hereto execute a counterpart of this Amendment. 2 a EXECUTED AND EFFECTIVE as of the day and date first above written. 00 LO SAN DIEGO POLICE EQUIPMENT COMPANY, INC., STATE OF WASHINGTON A CALIFORNIA COMPANY DEPARTMENT OF ENTERPRISE SERVICES 0 U r By: RyanKi,g(Mar1 2211:33PST) By: E 1 1 Q Name: Ryan King Name: Nick loannaLU a Sales Manager 0 Title: g Title: Procurement Supervisor 2 Date. 3/1/2022 Date: 3.1.22 0 0 am m 0 c R U) c ca U) w 0 c c E E Q L W Y V L r 0 U L r N R C N E t V Q CONTRACT No.02616-AMENDMENT NO.6 Page 4 02-01-2022 Packet Pg. 286 4.K.a EXHIBIT A: REVISED 3/1/22 L PRODUCTS COVERED c 3 CATEGORY A— HANDGUN AMMUNITION Rounds Price Product Product Weight Del'v Manufacturer Name Code Bullet Style Caliber (Grain) Cper Per (n ase Case (AR 0 1 Federal American Eagle AE9DP Full Metal Jacket 9MM 115 1000 $212.27 30-1 o 2 CCl/Speer Lawman 53650 Total Metal 9MM 115 1000 $205.41 30-1 Jacket Jacketed Hollow 3 Federal Classic 9BP Point 9MM 115 1000 $235.86 30-1 a v 4 Federal American Eagle AE9AP Full Metal Jacket 9MM 124 1000 $212.27 30-1 M Bonded Hollow 5 CCl/Speer Gold Dot 53618 Point 9MM 124 1000 $389.56 30-1 v c Jacketed Hollow 6 Federal HST P9HST3 Point +p 9MM 124 1000 $339.47 30-1 a Jacketed Hollow a 7 Federal HST P9HST1 Point 9MM 124 1000 $339.47 30-1 w aD 8 CCl/Speer Lawman 53651 Total Metal 9MM 124 1000 $205.41 30-1 o Jacket a Bonded Hollow 0 9 CCl/Speer Gold Dot 53617 Point +P 9MM 124 1000 $389.56 30-1 2 0 � 10 Federal HST P9HST2 Jacketed Hollow Point 9MM 147 1000 $339.47 30-1 11 CCl/Speer Gold Dot 54226 G2 9MM 147 1000 $429.11 30-1 CU 12 CCl/Speer Gold Dot 53720 Point Bonded Hollow 38 SPL 125 1000 $395.97 30-1 o� 13 CCl/Speer Gold Dot 53949 Bonded Hollow 0.4 165 1000 $429.13 30-1 o Point Jacketed Hollow 14 Federal HST P40HST3 Point 0.4 165 1000 $370.57 30-1 E 15 CCl/Speer Lawman 53981 Total Metal 0.4 165 1000 $266.74 30-1 Q Jacket o 4- 16 Federal American AE40R3 Full Metal Jacket 0.4 165 1000 $280.68 30-1 a Eagle c 17 CCl/Speer Lawman 53652 Total Metal 0.4 180 1000 $266.74 30-1 US Jacket L a� Jacketed Hollow n 18 Federal HST P40HST1 Point 0.4 180 1000 $370.46 30-1 19 CCl/Speer Gold Dot 53962 Bonded Hollow 0.4 180 1000 $429.13 30-1 Point 20 CCl/Speer Gold Dot 53999 G2 0.4 180 1000 $449.32 30-1 ,j CU a CONTRACT No.02616-AMENDMENT NO.6 Page 5 02-01-2022 Packet Pg. 287 4.K.a Product Product Weight Rounds PriceDeliv � Manufacturer Name Code Bullet Style Caliber (Grain) per Per (AR Case Case Jacketed Hollow ' 21 Federal Classic 45C Point 0.45 185 1000 $408.77 30-1 22 CCl/Speer Gold Dot 53969 Bonded Hollow 0.45 200 1000 $454.17 30-1 Point +P cn 23 Federal American AE45A Full Metal Jacket 0.45 230 1000 $335.43 30-1 'o Eagle a- 24 CCl/Speer Lawman 53653 Total Metal 0.45 230 1000 $309.11 30-1 0 Jacket N Jacketed Hollow 25 Federal Classic 45D Point 0.45 230 1000 $358.31 30-1 L 26 CCl/Speer Gold Dot 53966 Bonded Hollow 0.45 230 1000 $454.17 30-1 a Point co LO 27 Federal HST P45HST2 Jacketed Hollow Point 0.45 230 1000 $412.49 30-1 0 28 Federal HST P45HST1 Jacketed Hollow 0.45 230 1000 $412.49 30-1 Point +P 29 CCl/Speer Gold Dot 54256 G2 0.45 230 1000 $487.88 30-1 E 30 CCl/Speer Gold Dot 54234 Bonded Hollow 357 SIG 125 1000 $466.07 30-1 w Point aD Jacketed Hollow 31 Federal HST P357SHST1 Point 357 SIG 125 1000 $433.94 30-1 'o a 32 Federal Classic C357B Jacketed HollowPoint 357 M 125 500 $406.76 30-1 Jacketed Hollow E 33 Federal HST P380HST1 Point 0.38 99 1000 $448.43 30-1 cZ 34 CCl/Speer Lawman 53608 Total Metal 0.38 95 1000 $325.68 30-1 R Jacket Frangible Lead LU 35 CCl/Speer RHT 53365 Free 9MM 100 1000 $409.91 30-1 o Total Metal o 36 Federal IRT AE9N1 Jacket, Lead 9MM 124 1000 $232.70 30-1 Free Primer ' E Total Metal E 37 CCl/Speer Cleanfire 53824 Jacket Lead 9MM 124 1000 $217.09 30-1 Q Free Primer ° Total Metal 38 CCl/Speer Cleanfire 53826 Jacket, Lead 9MM 147 1000 $217.09 30-1 Free Primer o U Total Metal 39 CCl/Speer Cleanfire 53833 Jacket +P Lead 0.38 158 1000 $256.09 30-1 Free Primer Frangible Lead c 40 CCl/Speer RHT 53375 Free 0.4 125 1000 $455.16 30-1 a� E a CONTRACT No.02616-AMENDMENT NO.6 Page 6 02-01-2022 Packet Pg. 288 4.K.a Product Product Weight Rounds PriceDeliv � Manufacturer Name Code Bullet Style Caliber (Grain) per Per (AR Case Case Total Metal N 41 CCl/Speer Cleanfire 53982 Jacket, Lead 0.4 165 1000 $284.74 30-1 Free Primer a Total Metal cn 42 CCl/Speer Cleanfire 53880 Jacket Lead 0.4 180 1000 $284.74 30-1 °; Free Primer o Total Metal a 43 Federal IRT AE40N1 Jacket, Lead 0.4 180 1000 $301.92 30-1 Free Primer M Frangible Lead 44 CCl/Speer RHT 53395 Free 0.45 155 1000 $582.60 30-1 a Total Metal 45 CCl/Speer Cleanfire 53885 Jacket, Lead 0.45 230 1000 $351.25 30-1 � Free Primer Total Metal U 46 Federal IRT AE45N1 Jacket, Lead 0.45 230 1000 $375.74 30-1 Free Primer E CL 47 CCl/Speer RHT 53368 Frangible, Lead 357 SIG 100 1000 $505.41 30-1 Free w Total Metal a� 48 CCl/Speer Cleanfire 54232 Jacket, Lead 357 SIG 125 1000 $335.30 30-1 .o Free Primer a a°� 49 Federal Hydra-Shok P380HS1G Point Jacketed Hollow 380ACP 90 1000 $475.26 30-1 .0 0 Frangible Lead 50 Federal Ballisticlean BC9NT3 ree 9MM 100 1000 $441.75 30-1 Frangible Lead = 51 Federal Ballisticlean BC40CT1 Free 40S&W 125 1000 $462.69 30-1 cCU ' Frangible Lead o 52 Federal Ballisticlean BC45CT1 Free 45ACP 155 1000 $583.54 30-1 , c 0 53 Federal American Eagle AE380AP Full Metal Jacket 380ACP 95 1000 $301.74 30-1 American E 54 Federal Eagle AE9FP Full Metal Jacket 9MM 147 1000 $229.80 30-1 E 0 55 Federal American Eagle AE38K Full Metal Jacket 38S 130 1000 $347.77 30-1 0 L 56 CCl/Speer Gold Dot 53606 Bonded Hollow 380ACP 90 1000 $504.39 30-1 o Point 57 CCl/Speer Gold Dot 53921 Bonded Hollow 38S 135 1000 $444.73 30-1 y Point +P Total Metal 58 CCl/Speer Blazer 3460 Jacket, Cleanfire 9MM 124 1000 $241.69 30-1 59 CCl/Speer Blazer 3462 Total Metal 9MM 147 1000 $241.69 30-1 Jacket, Cleanfire a CONTRACT No.02616-AMEN DMENT NO.6 Page 7 02-01-2022 Packet Pg. 289 4.K.a Product Product Weight Rounds PriceDeliv � Manufacturer Name Code Bullet Style Caliber (Grain) per Per (AR Case Case 60 CCl/Speer Blazer 3475 Total Metal 38S 158 100 $264.50 30-1 Jacket, Cleanfire - CL 61 CCl/Speer Blazer 3477 Total Metal 40S&W 180 1000 $285.96 30-1 3 Jacket, Cleanfire cn 62 CCl/Speer Blazer 3480 Total Metal 45ACP 230 1000 $366.18 30-1 .2 Jacket, Cleanfire a6 62 CCl/Speer Blazer 3509 Full Metal Jacket 9MM 115 1000 $204.39 30-1 o 63 CCl/Speer Blazer 3578 Full Metal Jacket 9MM 124 1000 $204.39 30-1 y 64 CCl/Speer Blazer 3591 Full Metal Jacket 40S&W 180 1000 $278.48 30-1 L 65 CCl/Speer Blazer 3570 Full Metal Jacket 45ACP 230 1000 $349.90 30-1 a 66 CCl/Speer Lawman 53620 Total Metal 9MM 147 1000 $228.21 30-1 00 Jacket LO 67 CCl/Speer Lawman 53919 Total Metal 357SIG 125 1000 $378.21 30-i o Jacket c a� E .3a a w a� CATEGORY B — Rifle Ammunition a Rounds Price ° per Per Product Product Weight Deli, 2 Manufacturer Name Code Bullet Style Caliber Grain AI o Case Case y 1 Federal TRU T223A Pointed Soft 0.223 55 500 $274.10 30-1 Point c CU 2 Federal American AE223J Full Metal Jacket, 0.223 55 500 $175.05 30-1 w Eagle Boat Tail o 3 Federal TRU T223E Boat Tail Hollow 0.223 55 500 $301.35 30-1 o Point .2 4 Federal TRU T223T Ballistic Tip 0.223 55 500 $290.01 30-1 Bonded Soft E 5 Federal Tactical LE223T1 Point 0.223 55 200 $247.00 45-1 E L Bonded Soft - 6 CCl/Speer Gold Dot 24446 Point 0.223 55 500 $294.28 30-1 7 Federal American XM193AF90 Full Metal Jacket, 5.56 55 450 $163.72 30-1 o Eagle Boat Tail 0 8 Federal Tactical LE223T3 Bonded Soft 0.223 62 200 $247.00 45-1 y Point Bonded Soft 9 CCl/Speer Gold Dot 24445SP Point 0.223 62 500 $294.28 30-1 a� 10 Federal TRU T223L Soft Point 0.223 64 500 $283.60 30-1 E 11 CCl/Speer Gold Dot 24475 Bonded Soft 0.223 75 500 $294.28 30-1 Point a CONTRACT No.02616-AMEN DMENT NO.6 Page 8 02-01-2022 Packet Pg. 290 4.K.a Product Product Weight Rounds Price Deli, � Manufacturer Name Code Bullet Style Caliber Grain per Per AI Case Case y 12 Federal Premium P308F Ballistic Tip 0.308 150 200 $237.63 30-1 N 2 13 Federal American AE308D Full Metal Jacket, 0.308 150 500 $348.10 30-1 a Eagle Boat Tail 14 Federal Tactical LE308T1 Bonded Soft 0.308 165 200 $314.40 30-1 °; Point 2 15 Federal Gold Medal GM308M- Boat Tail Hollow 0.308 168 500 $440.91 30-1 o 500 Point a� 16 Federal American A76251M1A Open Tip Match 0.308 168 200 $238.14 30-1 Eagle L Tactical Bonded ' 17 Federal Tactical LE308TT2 Tip 0.308 168 200 $294.06 30-1co a v 18 CCl/Speer Gold Dot 24458 Bonded Soft 0.308 168 500 $423.44 30-1 M Point Frangible Lead 0 19 Federal Ballisticlean BC223NT5 Free 0.223 42 500 $333.27 6( U c 20 Federal Ballisticlean BC223NT5A Frangible Lead 0.223 55 500 $333.27 6( E Free 21 CCl/Speer Gold Dot 24457 Bonded Soft Point 0.308 150 500 $452.34 60-! w 22 Federal American AE223BK Full Metal Jacket, 0.223 55 1000 $350.13 30-1 0 Eagle Boat Taila. 0 23 Federal American AE223N Full Metal Jacket 0.223 62 500 $233.87 60-! 2Eagle o c American Full Metal Jacket, 24 Federal Eagle XM193 Boat Tail 5.56 55 500 $175.05 30-1 American 25 Federal Eagle AE5022 Lead Solid 22LR 40 5000 $332.38 90-1 w 0 26 Federal Gold Medal GM223M3 Match Boat Tail 0.223 77 200 $174.92 30-1 o Hollow Point 27 Federal Gold Medal GM223M-5 Match Boat Tail 0.223 69 500 $437.31 30-1 Hollow Point E E Q L 0 V L 0 U 0 r N R r-i C 0 E L V R Q CONTRACT No.02616-AMEN DMENT NO.6 Page 9 02-01-2022 Packet Pg. 291 4.K.a CATEGORY C — Shotgun Ammunition Rounds Price L Product Product Pellet Deliv Manufacturer Bullet Style Caliber per Per Name Code Count Case Case (AR as Plated 00 Buck 12 Q- 1 Federal Tactical LE12700 Shot, Flite Control Gauge, 9 250 $141.49 30-1 2-3/4" d 2 Federal Tactical F127RS Hollow Point Rifled Gauge, - 250 $146.31 30-1 o Slug 2-3/4" N To 12 3 Federal Gun TGL12-7.5 #7.5 Bird Shot Gauge, - 250 $71.81 30-1 2-3/4" a 12 Go 4 Federal Tactical LE127RS Slug, Duty, Practice Gauge, - 250 $150.50 30-1 1" o U Plated 00 Buck 12 g 250 $141.49 30-i 5 Federal Tactical LE13300 Shot, Flite Control Gauge, E 2-3/4" .2- 12 a 6 Federal Tactical LE13200 00 Buck Shot Gauge 9 250 $141.49 30-1 12 a 7 Federal Tru-Ball LEB127LRS Rifled Slug Gauge, - 250 $150.50 30-1 °tm 2-3/4" 2 0 Top 12 � 8 Federal Gun TGL12-8 #8 Shot Gauge, - 250 $71.81 30-1 2-3/4 c �a 9 Federal Classic F12700 00 Buck Shot Gauge 9 250 $145.94 30-1 o 1oz Slug, Deep 12 10 Federal Tru-Ball LEB127DPRS Penetrator Gauge - 250 $212.29 60-! c E E Q L W Y V L r 0 CATEGORY D — Marking Cartridges Product Product Rounds Price Deliv Manufacturer Bullet Style Caliber Per Name Code per Case Case (AR a� 1 Simunition FX 5320761 Red Marking Cartridges 9MM 500 $269.63 3( 2 1 Simunition FX 5320762 Blue Marking Cartridges 1 9MM 500 $269.63 1 3( a CONTRACT No.02616-AMEN DMENT NO.6 Page 10 02-01-2022 Packet Pg. 292 4.K.a Product Product Rounds PriceDeliv 0 Manufacturer Name Code Bullet Style Caliber per Case Per (AR Case 3 Simunition FX 5320764 Yellow Marking Cartridges 91VIM 500 $269.63 3( N a� 4 Simunition FX 5320766 White Marking Cartridges 91VIM 500 $269.63 3( 'Q 5 Simunition FX 5320763 Orange Marking 91VIM 500 $269.63 3( cn Cartridges 6 Simunition FX 5320765 Green Marking Cartridges 91VIM 500 $269.63 3( •o 7 Simunition FX 5501001 Red Marking Cartridges 0.38 500 $334.80 3( a 8 Simunition FX 5501002 Blue Marking Cartridges 0.38 500 $334.80 3( 00 9 Simunition FX 5359101 Red Marking Cartridges 0.223 500 $378.62 3( 10 Simunition FX 5359102 Blue Marking Cartridges 0.223 500 $378.62 3( IL 11 Simunition FX 5359104 Yellow Marking Cartridges 0.223 500 $378.62 3( 12 Simunition FX 5359106 White Marking Cartridges 0.223 500 $378.62 3( 0 M 13 Simunition FX 5308990 Bolt 0.223 1 $320.20 3( o 14 Simunition FX 5320779 Non-Marking Cartridges 91VIM 500 $274.12 3( v 15 Simunition Securiblank 5306001 Securiblanks, Loud 91VIM 500 $208.96 3( 16 Simunition FX 5359109 Non-Marking Cartridges 5.56 500 $364.02 30 .E- 17 Simunition Securiblank 5359108 Securiblanks, Loud 5.56 500 $378.62 30 w 18 Simunition Secruiblank 5306005 Securiblanks, Quiet 9MM 500 $208.96 30 L, 6 IL 0 a� m 0 c 0 c R Cn w 0 c c E E Q L 0 V L 0 U r N R r-i C E L V R Q CONTRACT No.02616-AMEN DMENT NO.6 Page 11 02-01-2022 Packet Pg. 293 4.K.a 02616 AMD6 SDPE Final Audit Report 2022-03-01 R L W Created: 2022-03-01 c 3 By: Brad Strinfellow(Brad.Stringfellow@des.wa.gov) y m Status: Signed O- Transaction ID: CBJCHBCAABAAdWMgBeYHgIONRdNBGNmFsOhScgPXaovs m U O a O a� "02616_AMD6_SDPE" History L Document created by Brad Strinfellow (Brad.Stringfellow@des.wa.gov) a 2022-03-01 -6:15:06 PM GMT 00 LO M Document emailed to Ryan King (ryan@sandiegopoliceequipment.com)for signature c 2022-03-01 -6:15:54 PM GMT V r C d Email viewed by Ryan King (ryan@sandiegopoliceequipment.com) a 2022-03-01 -7:15:10 PM GMT a W N 1 Document a-signed ned b Ran Kin ran sandie o olicee ui ment.com `2 9 Y Y 9 ( Y @ 9 p q p ) o Signature Date:2022-03-01 -7:33:45 PM GMT-Time Source:server (L O M d Document emailed to Nicholas loanna (nicholas.ioanna@des.wa.gov)for signature o c 2022-03-01 -7:33:47 PM GMT to U) C Email viewed by Nicholas loanna (nicholas.ioanna@des.wa.gov) 2022-03-01 -11:48:53 PM GMT W E1 Document e-signed by Nicholas loanna (nicholas.ioanna@des.wa.gov) o Signature Date:2022-03-01 -11:50:55 PM GMT-Time Source:server E Agreement completed. Q 2022-03-01 -11:50:55 PM GMT O w U R L r O U L r N R C N E t V Q Adobe Sign Packet Pg. 294 4.L OFFICE OF THE CITY ATTORNEY Tammy White, City Attorney 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5770 DATE: June 6, 2023 TO: Kent City Council - Committee of the Whole SUBJECT: SOAR Orders, Designated No Racing Zones — Ordinance - Adopt MOTION: I move to adopt Ordinance No. 4467, which amends KCC 9.43.030 by designating two new areas within the City as "No Racing Zones." SUMMARY: Over 20 years ago, Kent became the first municipality in Washington to pass an ordinance that criminalized attendance at an illegal street race and permitted the court to order those convicted of illegal street racing to stay out of certain areas of the City designated as "No Racing Zones." Kent continues to be at the forefront of the fight against illegal street racing. Since late 2022, Kent Police Officers have repeatedly intervened with significant illegal street racing events taking place on East Valley Highway, south of 180t" Street. This area was previously used as a location where racers meet prior to going to street racing locations, but now crowds of 100-200 people are taking over the roadway and there have been at least four shootings since January 2023. Kent Police have also experienced a recent uptick in illegal racing activity around 132nd Ave SE and SE Kent-Kangley Rd. Neighbors have expressed frustration about large crowds gathering, primarily on weekend nights, to engage in illegal street racing activities. When a person is charged with a crime related to illegal street racing, a standard condition of their release is to abide by a SOAR ("Stay Out of Areas of Racing") Order. SOAR orders list all designated "No Racing Zones" within the City, as prescribed in KCC 9.43.030. Violation of a SOAR Order will subject a defendant to immediate arrest and constitutes a separate crime pursuant to KCC 9.43.040(B), which is a gross misdemeanor. Neither of the two areas mentioned above has been designated as a "No Racing Zone," which means a person restricted by a SOAR Order could go to either location without being in violation of the Order. Amending the code to add the two new areas identified by Kent Police as problematic areas is necessary to effectively address and facilitate efficient prosecution of illegal racing behavior. This is a Packet Pg. 295 4.L housekeeping change to bring the code up to date with the current racing activities in Kent. This amendment has no additional impact to the existing racing laws. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. SOAR Orders - Designated No Racing Zones Ordinance - KCC 9.43.030 (PDF) Packet Pg. 296 4.L.a i a� c O N C R O Z ORDINANCE NO. 4467 r c a� .N a� 0 AN ORDINANCE of the City Council of the ;n City of Kent, Washington, amending section 9.43.030 of the Kent City Code, entitled "SOAR p orders - Designated 'No Racing Zones"', making East Valley Highway from S 180t" St to S 196t" St 0 and SE Kent-Kangley Rd from 124t" Ave SE to 132nd Ave SE designated No Racing Zones. o M O M R M RECITALS U A. Since late 2022, the Kent Police Department has experienced Y repeat, significant illegal street racing events taking place on East Valley Highway, south of South 180t" Street. B. This area has historically been a location where street racers 0 meet prior to going to street racing events. Now, the racers are taking O over the roadway of East Valley Highway with crowds of 100-200 people. C. Since January 2023, there have been at least four shootings in the area of East Valley Highway and South 180t" Street during an illegal z° street racing event. Five people were shot in the most recent incident in 2 CU May 2023, as hundreds of spectators watched. Earlier that same weekend, M N a Renton Fire Department engine responding to an emergency call was o caught in a crowd of street racers. In several recent cases, ambulances have been stuck in crowds of street racers and attendees and unable to 0 proceed through the crowd to the injured. o 1 Amend KCC 9.43.030 Re; SOAR orders and Designated "No Racing Zones" r r Q Packet Pg. 297 4.L.a D. Kent Police have also experienced an uptick in illegal racing activity in the area of 132nd Ave SE and SE Kent-Kangley Rd. Street racers c N are attracted to the large parking lot the Marketplace at Lake Meridian = provides as a gathering place and a location that allows them adequate space to "drift" their vehicles. Neighbors have expressed frustration about z0 illegal racing activity taking place, primarily on weekend nights. 2 c E. Amending the Kent City Code to add these two additional ' a� areas as designated "No Racing Zones" is a housekeeping change � L necessary to effectively address and facilitate efficient prosecution of illegal L racing behavior. When a person is charged or convicted of a racing-related 0 crime, the Kent Municipal Court may order that person to stay out of "No 0 Racing Zones" the City Council has identified in KCC 9.43.030. A code LO 00 amendment is needed to add additional locations where race conduct has M occurred to ensure they are captured within the scope of the Municipal o M Court's order. If the person is found by law enforcement in a No Racing Zone while the order is in effect, the person may be criminally charged for L) Y violating the Municipal Court's order, which is punishable as a gross misdemeanor. When necessary, the Court will modify the order to ensure c innocent conduct is not captured by the scope of the SOAR order, ensuring o the focus is on prohibiting entry into a No Racing Zone under c circumstances that suggest the individual is there to observe or participate N a� in a racing event. 0 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, z WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 2 c T ORDINANCE o SECTION 1. - Amendment - KCC 9.43.030. Section 9.43.030 of aD L the Kent City Code, entitled "SOAR orders - Designated 'No Racing Zones"' 0 is hereby amended as follows: p 2 Amend KCC 9.43.030 Re; SOAR orders and Designated "No Racing Zones" r r Q Packet Pg. 298 4.L.a i U) a� Sec. 9.43.030. SOAR orders — Designated "'No Racing Zones." 0 N C A. Designated zones. The SOAR order may apply to any of the following "No Racing Zones": Z0 1. 54th Avenue South from South 228th Street to the end 2 c of the road at the 22500 block. •N a� 2. 58th Place South from Russell Road to South 194th v; L Way. L 3. 59th Place South from South 212th Street to South 0 199th Place. 0 4. 62nd Avenue South from South 199th Place to South LO 00 LO 190th Street. 5. 64th Avenue South from James Street to South 212th CD M Street. a� 6. 72nd Avenue South from 220th Street to South 180th U U Y Street. as U 7. 76th Avenue South (signage reads 76th Avenue) from South 228th Street (signage reads 228th St.) to South 212th Street. 0 8. 80th Avenue South from 196th Street to South 180th Street. N a� 9. 85th Avenue South from South 202nd Street to South 198th Street. 0 Z 10. 87th Avenue South from South 208th Street to South as 198th Street. 11. 89th Avenue South (signage reads 89th) from the 0 20400 block to South 198th Street. L 12. East Valley Highway from South 180t" Street to South a 0 196t" Street. a 0 3 Amend KCC 9.43.030 Re: SOAR orders and Designated "No Racing Zones" M 0 r r Q Packet Pg. 299 4.L.a 13-2. South 180th Street from 68th Avenue South (West a� Valley Highway) to 84th Avenue South (East Valley Highway). 0 N 143. South 190th Street from 62nd Avenue South to 68th Avenue South. 154. South 194th Street and 58th Place South from 66th z0 Avenue South to Russell Road. c 165. South 199th Place from 59th Place South to 68th ' a� Avenue South (West Valley Highway). v; L 176. South 202nd Street from 84th Avenue South (East L Valley Highway) to 89th Avenue South. 0 18-7. South 226th Street from 54th Avenue South to 64th 0 Avenue South. LO 00 LO 19. Southeast Kent-Kangley Road from 124th Avenue Southeast to 132nd Avenue Southeast. o M B. Adjoining areas included. These "No Racing Zones" include U Y any highway, as that term is defined in RCW 46.04.197, together with U adjoining property areas (such as sidewalks, entryways, landscaped areas, and parking areas) if those adjoining areas are being used for racing or o unlawful race attendance. 0 N C. Posting of signs. These "No Racing Zones" shall be designated by the placement of clear and conspicuous signs at all highway entrances 0 z to the No Racing Zone. At a minimum, these signs must include the as following statements: "No Racing Zone; Race Attendance Prohibited; KCC � a� 9.42.020." 0 SECTION 2, - Severability. If any one or more section, subsection, L or sentence of this ordinance is held to be unconstitutional or invalid, such 0 a 0 4 Amend KCC 9.43.030 Re: SOAR orders and Designated "No Racing Zones" M 0 r r Q Packet Pg. 300 4.L.a decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. c N C SECTION 3. - Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are z0 authorized to make necessary corrections to this ordinance, including the 2 r M correction of clerical errors; ordinance, section, or subsection numbering; r- .N or references to other local, state, or federal laws, codes, rules, or o regulations. L O SECTION 4. - Effective Date. This ordinance shall take effect and a be in force thirty days from and after its passage, as provided by law. U) LO 00 LO M O June 20, 2023 0 M DANA RALPH, MAYOR Date Approved U U Y ATTEST: a� c c June 20, 2023 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted a� c June 23, 2023 0 N Date Published 0 APPROVED AS TO FORM: Z a� CU c T N TAMMY WHITE, CITY ATTORNEY o L L NO�/ LL Q O (n 5 Amend KCC 9.43.030 Re; SOAR orders E and Designated "No Racing Zones" r r Q Packet Pg. 301