HomeMy WebLinkAboutCAG2023-394 - Original - Green River College Small Business Center - Business Guidance for Kent's Small Business Entrepreneurs - 07/01/2023 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form DirAsst:
40
•kkv For Approvals,Signatures and Records Management Dir/Dep:
KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional)
WASHINGTON Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
Rhonda Bylin ECD
Date Sent: Date Required:
c 06/28/2023 06/30/2023
QAuthorized to Sign: Date of Council Approval:
Q �✓ Mayor or Designee 5/2/2023
Budget Account Number: Grant? Yes NoF-]
VOOOOXX.64190.1221
Budget?❑✓ Yes�No Type: N/A
Vendor Name: Category:
GRC Small Business Center Contract
Vendor Number: Sub-Category:
34167 Original
0
Project Name: Business Guidance for Kent's small business entrepreneurs
cProject Details: Continued Business Guidance and planning for expanded
c services.
40
c
(11.111 Basis for Selection of Contractor:
AgreementAmount: 225,000.00 Other
E *Memo to Mayormustbe attached A
Start Date: 01 7/1/2023 Termination Date: 09/30/2026
a Local Business? Yes F—]No*If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace.
Business License Verification: �✓ YesF]In-Process F1 Exempt(KCC 5.01.045)
Notice required prior to disclosure? Contract Number:
F—]YesF—]No
Comments:
IM
C C
IM a.+
;A Z
3 0
N
a
Date Received:City Attorney: 6/29/23 Date Routed:Mayor's Office City Clerk's Office
adccW22373_7_20 - ' ✓� Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20210513
City of Kent - SLFRF - Grant Recipient Agreement
Grantee Green River College
Program Title Small Business Center Grant
Grant Amount$ $225,000
Agreement Period From: July 1, 2023 To September 30, 2026
DUNS No. (if applicable) 118891841 SAM No. (if applicable)
This Agreement is made by and between the City of Kent, a municipal corporation ("the City") and Grantee, a
Washington Public Community College,located at 417 Ramsay Way,#112,Kent,Washington,98032,to set forth the
terms and conditions under which the City will provide a grant to Grantee under the Program to be used for costs
incurred during the Agreement Period. Such grant is provided to Grantee from the City's revenue loss funds for
government services,including the provision of technical assistance,counseling,or other services to assist Kent small
businesses with business planning needs.
1. Scope of Eligible Expenditures.Grant funds may only be used to pay or reimburse eligible expenditures as
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
in nature,for that same cost.
2. Grantee Responsibilities.Grantee understands and agrees that funds provided under this Agreement may
only be used in compliance with section 603(c)of the Social Security Act("the Act"),as added by section 9901 of the
American Rescue Plan Act("ARPA"),the U.S. Department of Treasury's("Treasury's")regulations implementing that
section,guidance issued by Treasury regarding the foregoing,and any other applicable federal provisions, including
those described in the"Federal Terms" (Exhibit 1).
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).
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
term of the Agreement.
S. Maintenance of and Access to Records.Grantee shall maintain all records and accounts with respect to all
matters covered by this Agreement, including personnel, property, financial, and programmatic records and
documents sufficient to 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 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
the Government 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 investigations.Grantee acknowledges that
records may be subject to disclosure under the Public Records Act, Ch.42.56 RCW.
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
to the City of Kent,Washington by the U.S. Department of the Treasury."
7. Disclaimer by the City and United States. 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 injury,property damages,or any other losses resulting in any way from the performance of this award or any
Grant Beneficiary Agreement
Page 1 of 3
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, or any contract or subcontract under such award. The City expressly disclaims any and all
responsibility or liability to 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 from the performance of this Agreement
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.
8. False Statements. Grantee understands that making false statements or claims in connection with this
Agreement may be a violation of federal law and may result in criminal, civil, or administrative sanctions, 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.
9. Debarment and Suspension Certification. Entities that are debarred, suspended, or proposed for
debarment, by the U.S. Government are excluded from receiving federal funds and contracting with the City.
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
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/.
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.
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
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
City shall not be diminished or extinguished by the termination of the Agreement.
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
during his or her tenure,or who is in a position to participate in a decision-making process or gain inside information
with regard to the Program,are barred from any interest,direct or indirect, in any grant or proceeds of the Program,
or benefit there from,which is part of this Agreement at any time during or after such person's tenure.
13. Governing Laws. This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington.The venue for any action hereunder shall be in the Superior Court for King County,Washington,
or the U.S. District Court for the Western District of Washington.
14. Indemnification.To the maximum extent permitted by law,Grantee shall,at its cost and expense, protect,
defend, indemnify, and hold harmless the City, its directors, officers, employees, and agents, from and against any
and all demands, liabilities, causes of action, costs and expenses (including attorneys' fees), claims,judgments, or
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 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,Grantee,by mutual negotiation,hereby
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
employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. These
indemnification obligations shall survive the termination of the Agreement.
Grant Beneficiary Agreement
Page 2 of 3
15. Insurance. The Recipient shall procure and maintain for the duration of this Agreement, insurance of the
types and in the amounts described in Exhibit 8 attached and incorporated by this reference.
16. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of
counterparts,each of which shall constitute an original,and all of which will together constitute this one Agreement.
Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email
and that signature shall have the same force and effect as if the Agreement bearing the original signature was
received in person.
CITY OF KENT GRANTEE
Name: Dana Ralph Name:Tsai-En Cheng
Title: Mayor Title: Dean of Branch Locations,
Academic and Program Development
Signature- Signature:
Date: 07/10/2023 Date: 6/28/2023
Exhibits
1—Federal Terms
2—Scope of Work
3—Cost Certification
4—Civil Rights Certification Form
5—Lobbying Certification Form
6—Lobbying Disclosure Form (if applicable)
7—City EEOC Compliance Documents
8—Insurance Requirements
Grant Beneficiary Agreement
Page 3 of 3
Grant Recipient Agreement— Exhibit 1
FEDERAL TERMS
In case of conflict between these Federal Terms and the Agreement, the following order
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. Grantee Capacity. Grantee agrees and confirms that it has the institutional,
managerial and financial capacity to ensure proper planning, management and
completion of the work detailed in the Scope of Work (Exhibit 2).
B. Technical Assistance. If, at any time, Grantee believes its capacity is compromised
or Grantee otherwise needs any sort of assistance, it shall immediately notify the
City. The City will make best efforts to provide timely technical assistance to
Grantee to bring Grantee into compliance.
C. Compliance with Act. Grantee understands and agrees that funds provided under
the Agreement may only be used in compliance with section 603(c) of the Social
Security Act (the "Act"), as added by section 9901 of the American Rescue Plan Act
("ARPA"), the U.S. Department of Treasury's ("Treasury's") regulations
implementing that section, and guidance issued by Treasury regarding the
foregoing.
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.
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
attached exhibits, each of which is incorporated into the Agreement by reference:
EXHIBIT NAME NUMBER
Federal Terms Exhibit 1
Scope of Work Exhibit 2
Cost Certification Exhibit 3
Civil Rights Certification Form Exhibit 4
Lobbying Certification Form Exhibit 5
Lobbying Disclosure Form (if activity occurs) Exhibit 6
City EEO Compliance Documents Exhibit 7
Insurance Requirements Exhibit 8
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
1), and Scope of Work (Exhibit 2). No grant funds may be used to pay or reimburse
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.
B. 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),
and, if activity occurs, the Lobbying Disclosure Form (Exhibit 6).
C. Reports. Grantee shall provide the City with additional information and
documentation upon request, including completing any reports deemed necessary
for the City to comply with documentation, reporting, or audit requirements.
3. Access to Records. The Treasury Office of Inspector General and the Government
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
investigations.
4. Uniform Guidance Compliance.
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
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.
B. Recoupment.
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
authorized to retain under the terms of the Agreement; (2) that are
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
recoupment by the City, and have not been repaid by Grantee to the City
shall constitute a debt to the City.
4. Any debts determined to be owed the City must be paid promptly by Grantee.
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 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.
C. Return of Unused Funds. If Grantee has any unspent funds on hand as of the
earlier of December 31, 2024, or the termination of this Agreement, Grantee shall
return all unspent funds to the City within ten (10) calendar days.
5. Disclaimer.
A. The United States expressly disclaims any and all responsibility or liability to
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
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.
B. The acceptance of this grant by Grantee does not in any way establish an agency
relationship between the United States and Grantee.
6. Protection for Whistleblowers.
A. In accordance with 41 U.S.C. § 4712, Grantee may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the
list of persons or entities provided below, information that the employee reasonably
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,
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
negotiation of a contract) or grant.
B. The list of persons and entities referenced in the paragraph above includes the
following:
1. A member of Congress or a representative of a committee of Congress;
2. An Inspector General;
3. The Government Accountability Office;
4. A Treasury employee responsible for contract or grant oversight or
management;
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
misconduct.
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.
7. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62
FIR 19217 (Apr. 18, 1997), Grantee is encouraged to adopt and enforce on-the-job seat
belt policies and programs for its their employees when operating company-owned, rented
or personally owned vehicles.
8. Reducinq 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
accidents caused by distracted drivers
9. False Statements. Grantee understands that making false statements or claims in
connection with this Agreement may be a violation of federal law and may result in
criminal, civil, or administrative sanctions, 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.
10. Applicable Laws.
A. The Agreement shall be governed by and construed in accordance with the laws of
the State of Washington.
B. Grantee agrees to comply with the requirements of section 603 of the Act, the
Treasury's regulations implementing that section, and guidance issued by Treasury
regarding the foregoing. Grantee also agrees to comply with all other applicable
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.
C. Federal regulations applicable to this grant may include, without limitation, the
following:
1. Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, 2 C.F.R. Part 200, including the following:
a. Subpart A, Acronyms and Definitions;
b. Subpart B, General Provisions;
C. Subpart C, Pre-Federal Award Requirements and Contents of Federal
Awards;
d. Subpart D, Post-Federal Award Requirements;
e. Subpart E, Cost Principles; and
f. Subpart F, Audit Requirements.
2. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part
25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part
25 is hereby incorporated by reference.
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.
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
C.F.R. Part 19.
5. Grantee 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.
6. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
7. New Restrictions on Lobbying, 31 C.F.R. Part 21.
8. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
(42 U.S.C. §§ 4601-4655) and implementing regulations.
9. Generally applicable federal environmental laws and regulations.
C. Statutes and regulations prohibiting discrimination applicable to this award include,
without limitation, the following:
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
discrimination on the basis of race, color, or national origin under programs or
activities receiving federal financial assistance;
2. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§
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),
which prohibits discrimination on the basis of disability under any program or
activity receiving federal financial assistance;
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
prohibit discrimination on the basis of age in programs or activities receiving
federal financial assistance; and
5. 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 governments or instrumentalities or agencies thereto.
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
activities of federal employees, as well as certain other employees who work in
connection with federally funded programs.
E. Grantee agrees to comply with the Prohibition on Providing Funds to the Enemy (2
C.F.R. 183).
Grant Recipient Agreement - Exhibit 2
Scope of Work
Green River College Small Business Center
The Business Advisors at Green River College include, but are not limited to the network of
Businesses Advisor(s) certified by the SBDC and PTAC to assist the city of Kent in business
development and job creation in the Kent area. Assistance includes but is not limited to
providing one-on-one advising services to small business owners, conducting training events,
and guiding small business owners to make data-driven decisions. Green River College SBC
Permit Specialist is available to assist in one-on-one advising.
SBC Business Advisors will develop community connections, outreach to Kent's small business
community, and assess the specific needs of the local business community. The SBC Business
Advisors will coordinate with Washington SBDC Network to connect small business owners
with advisors, provide training events that address any identified needs, and provide
specialized assistance to entrepreneurs looking to start new businesses. New lines of business
advice, expertise, workshop series for businesses on the topics of improved navigation of the
building and planning permit processes.
The advisors will provide regular participation on standing committees relevant to economic
development as requested by the City of Kent, and general strategic planning with the City as
requested. Requests must be approved by the GRC SBC Dean.
The GRC SBC will provide regular communication on the activities of the GRC SBC Business
Advisors serving the community, including:
Quarterly reports using the standard SBDC Stakeholder Scorecard format year to date:
a. Number of clients served
b. Advising hours with clients
C. Capital formation
d. Jobs created and/or retained
e. Business starts
Reporting in Compliance with the Small Business Act. All reports will be prepared in compliance
with the Small Business Act, 15 U.S.C. 631 et seq., and the Standard Operating Procedures of the
Small Business Administration and SBDC, including but not limited to SOP 40 03 3 (the
procedures and guidelines for Disclosure of Information). Therefore, requests for personal
information or other client information may be denied unless the city of Kent or the SBDC has
the written permission of the individual to release the information or unless the information is
subject to disclosure under the Freedom of Information Act or other applicable laws or
regulations.
Compensation under this AGREEMENT shall be a fixed price contract with the total for this
agreement is $225,000.00 unless modified in writing through an amendment.
This agreement may be renewed upon mutual agreement prior to March 31st, 2026 to ensure
uninterrupted services after September 30th, 2026 to the local businesses supported by city of
Kent budget.
Grant Recipient Agreement— Exhibit 3
COST CERTIFICATION
I certify that:
1. 1 have authority and approval from the governing body on behalf of Green River College Small Business
Center ("Grantee") to accept proceeds from the City of Kent (the "City") per the Agreement by and
between the City and Grantee from the City's allocation of the Coronavirus State Local Fiscal Recovery
Fund ("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
December 31, 2024.
2. 1 understand that as additional federal guidance becomes available, an amendment to the Contract
between the City and Grantee may become necessary and agree to execute necessary amendments.
3. 1 understand the City will rely on this certification as a material representation in processing
reimbursements or payment requests.
4. 1 understand the Grantee receiving funds pursuant to this certification shall retain documentation of
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
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
Auditor.
S. I 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
same expense.
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
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
and/or civil liability and/or in criminal penalties,including but not limited to fine or imprisonment or both
under Title 18, United States Code,Sec. 1001,et seq. and punishment under federal law.
Tsai-En Cheng
Printed Name Signature
Dean of Branch Locations,
Academic and Program Development 6/28/2023
Title Date
Grant Recipient Agreement— Exhibit 4
CIVIL RIGHTS CERTIFICATION FORM
The funds provided to the grantee named below (hereinafter referred to as the "Grantee") are available
under section 603 of the Social Security Act, as added by section 9901 of the American Rescue Plan Act.
Grantee understands and acknowledges that:
As a condition of receipt of federal financial assistance from the Department of the Treasury, with
monies distributed through the City of Kent, Grantee provides the assurances stated herein.The
federal financial assistance may include federal grants, loans and contracts to provide assistance to
Grantee,the use or rent of Federal land or property at below market value, Federal training, a loan
of Federal personnel, subsidies, and other arrangements with the intention of providing assistance.
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
that provide direct benefits.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of
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
Grantee certifies the following:
1. Grantee ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as
amended,which prohibits exclusion from participation, denial of the benefits of, or subjection
to discrimination under programs and activities receiving federal financial assistance, of any
person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et
seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22
and other pertinent executive orders such as Executive Order 13166, directives, circulars,
policies, memoranda, and/or guidance documents.
2. Grantee acknowledges that Executive Order 13166, "Improving Access to Services for Persons
with Limited English Proficiency," seeks to improve access to federally assisted programs and
activities for individuals who, because of national origin, have Limited English proficiency(LEP).
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,
Grantee shall initiate reasonable steps, or comply with the Department of the Treasury's
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
language assistance services, including oral interpretation and written translation where
necessary,to ensure effective communication in Grantee's programs, services, and activities.
3. Grantee agrees to consider the need for language services for LEP persons when Grantee
develops applicable budgets and conducts programs, services, and activities. As a resource, the
Department of the Treasury has published its LEP guidance at 70 FIR 6067. For more information
on taking reasonable steps to provide meaningful access for LEP persons, please visit
http://www.lep.gov.
4. Grantee acknowledges and agrees that compliance with the assurances constitutes a condition
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.
5. Grantee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits Grantees of
federal financial assistance from excluding from a program or activity, denying benefits of, or
otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C.
§ 2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31
CFR Part 22,which are herein incorporated by reference and made a part of this contract (or
agreement).Title VI also includes protection to persons with "Limited English Proficiency" in any
program or activity receiving federal financial assistance,42 U.S.C. § 2000d et seq., as
implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and
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
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
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
from these actions. Grantee shall comply with information requests, on-site compliance reviews
and reporting requirements.
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 by Title VI of the Civil Rights Act of 1964 and implementing regulations and
provide, upon request, a list of all such reviews or proceedings based on the complaint, pending
or completed, including outcome. Grantee also must inform the Department of the Treasury if
Contractor has received no complaints under Title VI.
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
compliance or other agreements between the Contractor and the administrative agency that
made the finding. If Grantee settles a case or matter alleging such discrimination, Grantee must
provide documentation of the settlement. If Grantee has not been the subject of any court or
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
measures that the United States may take in order to address violations of this document or
applicable federal law.
I hereby certify that I have read and understood the obligations described above,that Grantee is in
compliance with the above-described nondiscrimination requirements, and by my signature on this
document, acknowledge my understanding that any intentional or negligent misrepresentation or
falsification of any information submitted in conjunction with this document could subject me to
punishment under federal,civil liability and/or in criminal penalties, including but not limited to fine
or imprisonment or both under Title 18, United States Code,Sec. 1001, et seq. and punishment under
federal law.
Tsai-En Cheng
Printed Name Signature
Dean of Branch Locations,
Academic and Program Development 6/23/2023
Title Date
Grant Recipient Agreement— Exhibit 5
LOBBYING CERTIFICATION FORM
The undersigned certifies, to the best of the undersigned's knowledge and belief,that:
(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
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal
loan,the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract,grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions, as
attached.
(3)The undersigned shall require that the language of this certification be included in the award
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
entering into this transaction imposed by section 1352,title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
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
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
and/or civil liability and/or in criminal penalties,including but not limited to fine or imprisonment or both
under Title 18, United States Code,Sec. 1001, et seq.and punishment under federal law.
Tsai-En Cheng
Printed Name Signature
Dean of Branch Locations,
Academic and Program Development 6/28/2023
Title Date
Grant Recipient Agreement-
Exhibit 6 Lobbying Disclosure
Form
Pt. 21, App. B 31 CFR Subtitle A (7-1-06 Edition)
APPENDIX B TO PART 21—DISCLOSURE FORM TO REPORT LOBBYING
DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB
0348-0046
Complete this form to disclose lobbying activities pursuant to 31 U.S.C.1352
(See reverse for public burden disclosure.)
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial filing
b.grant El b.initial award b.material change
c. cooperative agreement
d.loan c. post-award For Material Change Only:
e. can guarantee year quarter
f. loan insurance date of last report
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is Subawardee,Enter Name
❑ Prime ❑ Subawardee and Address of Prime:
Tier ,if known:
Congressional District,if known: Congressional District,if known:
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number,if applicable:
8. Federal Action Number,if known: 9. Award Amount,if known:
$
10. a. Name and Address of Lobbying Entity b.Individuals Performing Services(including address if
(if individual,last name,first name,M/e different from No.111a)
(last name,first name,MI):
attach Continuation Sheets SF-LLL-A if necessa
11. Amount of Payment(check all that apply): 13. Type of Payment(check all that apply):
$ ❑actual ❑planned ❑ a. retainer
❑ b.one-time fee
12. Form of Payment(check all that apply): ❑ c. commission
❑ a. cash ❑ d.contingent fee
❑ b.in-kind;specify: nature ❑ e.deferred
P ry value P❑ f. other;specify:
fY
14. Brief Description of Services Performed or to be Performed and Date(s)of Service,including officer(s),employee(s),
or Member(s)contacted,for Payment Indicated in Item 11:
attach Continuation Sheets SF-LLL- d r;e ss
15. Continuation Sheet(s)SF•LLL-A attached: ❑Yes ❑No
16. Ittformation teQutntad thmugh thh tam is wthwized by title 31 U.S.C.
qn 1152.This dncbsun al bbbying activitks is a mateaal npresentatkn Signature:
of fact upon whkh Mknca wa pkcad by the tier above when this
swoon waa m,%a antend km.This da 1 h,eaohed paw,nt to Print Name:
31 US.c 1352.This inlamatkn will be roportad to the Congmx semi-
annually and will tr avails fa publk inspectbn.my Mason who faih to Title:
0k the requimd dixbwn shill be wbject to a ckil Mnilry of not kss than
slo.oao,tld tbt mom m,n 11ao.ago fa each nxh kik,e. Telephone No.: Dale:
. ..'w"�T• Aurhwized to.Local Rqy dunion
Standard Fw -LLL
262
Office of the Secretary of the Treasury Pt. 21, App. B
INSTRUCTIONS FOR COMPLETION OF SF-LLL,DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the
initiation or receipt of a covered Federal action,or a material change to a previous filing,pursuant to title 31 U.S.C.
section 1352.The filing of a form is required for each payment or agreement to make payment to any lobbying entity for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress,or an employee of a Member of Congress in connection with a covered Federal action.Use the
SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate.Complete all items that
apply for both the initial filing and material change report.Refer to the implementing guidance published by the Office of
Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the
outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the
information previously reported,enter the year and quarter in which the change occurred.Enter the date of the last
previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city,state and zip code of the reporting entity. Include Congressional District, if
known.Check the appropriate classification of the reporting entity that designates if if is,or expects to be,a prime
or subaward recipient.Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the 1st tier.
Subawards include but are not limited to subcontracts,subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks"Subawardee",then enter the full name,address,city,state and
zip code of the prime Federal recipient.Include Congressional District,if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational
level below agency name,if known. For example,Department of Transportation,United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full
Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan
commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g.,
Request for Proposal(RFP)number; Invitation for Bid (IFB)number;grant announcement number;the contract,
grant,or loan award number;the application/proposal control number assigned by the Federal agency). Include
prefixes,e.g.,"RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the
Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a)Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity
identified in item 4 to influence the covered Federal action.
(b)Enter the full names of the individual(s)performing services,and include full address if different from 10(a).
Enter Last Name,First Name,and Middle Initial(MI).
11. Enter the amount of compensation paid or reasonably expected to be paid,by the reporting entity(item 4)to the
lobbying entity(item 10). Indicate whether the payment has been made(actual)or will be made(p!anned). Check
all boxes that apply. If this is a material change report,enter the cumulative amount of payment made or planned
to be made.
12. Check the appropriate box(es).Check all boxes that apply.If payment is made through an in-kind contribution,
specify the nature and value of the in-kind payment.
13. Check the appropriate box(es). Check all boxes that apply. If other,specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed,or will be expected to
perform,and the dates)of any services rendered.Include all preparatory and related activity,not just time spent in
actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted or the officer(s),
employee(s),or Member(s)of Congress that were contacted.
15. Check whether or not a SF-LLL-A Continuation Sheet(s)is attached.
16. The certifying official shall sign and date the form,print his/her name,title,and telephone number.
Pudic reporting burden for this co lection of information is estimated to average 30 mintues per response,including time for reviewing
instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of
information.Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions
for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0046),Washington,D.C.20503,
263
Pt. 21, App. B 31 CFR Subtitle A (7-1-06 Edition)
DISCLOSURE OF LOBBYING ACTIVITIES 0348-0 4 by OMB
34A-(glfi
CONTINUATION SHEET
Reporting Entity: Page of
Authorized fm Local Reproduction
StandLd Form-LLL-A
264
Grant Recipient Agreement— Exhibit 7
DECLARATION
CITY OF KENT NON-DISCRIMINATION POLICY
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.
The City of Kent and its contractors are subject to and will comply with the following:
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);
0 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs
Of The Department Of Transportation-Effectuation Of Title VI Of The Civil
Rights Act Of 1964);
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).
• Ch. 49.60 RCW (Washington Law Against Discrimination)
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
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
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.
The statements are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex,
race, color, national origin, age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement I, the prime contractor, will provide a written statement
to all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. 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:
EEO COMPLIANCE DOCUMENTS - 1 of 5
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.
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
origin in the selection and retention of subcontractors, including procurements of
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
set forth in Appendix B of 49 CFR Part 21.
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
grounds of race, color, or national origin.
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
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
what efforts it has made to obtain the information.
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:
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.
F. Incorporation of Provisions: The contractor will include the provisions of
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
Transportation may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, that if the contractor becomes involved in,
EEO COMPLIANCE DOCUMENTS - 2 of 5
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.
6. During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest agrees to comply with the following non-discrimination statutes and
authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
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.
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
projects);
iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination
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);
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);
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
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
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,
whether such programs or activities are Federally funded or not);
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
transportation systems, places of public accommodation, and certain testing entities
(42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation
regulations at 49 C.F.R. parts 37 and 38;
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
Populations and Low-Income Populations, which ensures Non-discrimination against
minority populations by discouraging programs, policies, and activities with
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
English Proficiency, and resulting agency guidance, national origin discrimination
EEO COMPLIANCE DOCUMENTS - 3 of 5
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);
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)
7. The submission of the final invoice for this contract will constitute a reaffirmation that the
preceding statements were complied with during the course of the contract's performance.
By signing below, I agree to fulfill the five requirements referenced above.
By:
For: Tsai-En Cheng
Title: Dean of Branch Locations,
Academic and Program Development
Date: 7/6/9093
EEO COMPLIANCE DOCUMENTS - 4 of 5
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022
SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998
APPROVED BY Dana Ralph, Mayor
POLICY:
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
suppliers of the City must guarantee equal employment opportunity within their organization and,
if holding Agreements with the City amounting to $10,000 or more within any given year, must
take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
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
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.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
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
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 5 of 5
EXHIBIT 8
Insurance Requirements for Grantees
Insurance
The Grantee shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may
arise from or in connection with the performance of the work hereunder by the
Consultant, their agents, representatives, employees or subcontractors.
Minimum Scope of Insurance
Grantee shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01. The City shall be named as an
Additional Insured under the Grantee's Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 it 85 or a
substitute endorsement providing equivalent coverage.
2. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
Minimum Amounts of Insurance
Grantee shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability insurance:
1. The Grantee's insurance coverage shall be primary insurance as respect the
City. Any Insurance, self-insurance, or insurance pool coverage maintained by
the City shall be excess of the Grantee's insurance and shall not contribute
with it.
2. The Grantee's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by
certified mail, return receipt requested, has been given to the City.
3. The City of Kent shall be named as an additional insured on all policies (except
Professional Liability) as respects work performed by or on behalf of the Grantee
and a copy of the endorsement naming the City as additional insured shall be
attached to the Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Grantee's Commercial
General Liability insurance shall also contain a clause stating that coverage shall
apply separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less
than ANII.
E. Verification of Coverage
Grantee shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the additional
insured endorsement, evidencing the insurance requirements of the Grantee
before commencement of the work.
F. Subcontractors
Grantee shall include all subcontractors as insureds under its policies or shall
furnish separate certificates and endorsements for each subcontractor. All
coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Grantee.
CERTIFICATE OF LIABILITY INSURANCE Issue Date 11/612018
ISSUED BY: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
State of Washington AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
Department of Enterprise Services CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
Office of Risk Management AFFORDED BY THE STATE OF WASHINGTON SELF INSURANCE
PO BOX 41466 LIABILITY PROGRAM.
Olympia WA 98504-1466
COVERAGE AFFORDED BY
State of Washington Self Insurance Liability Program
INSURED: THE STATE OF WASHINGTON, INCLUDING ALL ITS AGENCIES AND
DEPARTMENTS, IS SELF-INSURED FOR TORT LIABILITY CLAIMS. ALL
State of Washington CLAIMS MUST BE FILED WITH THE STATE OFFICE OF RISK
Green River College MANAGEMENT FOR PROCESSING IN ACCORD WITH STATUTORY
ATTN: Darcy Silvest REQUIREMENTS.
12401 SE 320th Street
Auburn, WA 98092
COVERAGES
THIS IS TO CERTIFY COVERAGE DESCRIBED BELOW IS PROVIDED TO THE INSURED NAMED ABOVE FOR THE PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE COVERAGE AFFORDED BY THE SELF-INSURANCE LIABILITY PROGRAM IS SUBJECT
TO ALL THE TERMS,EXCLUSIONS,AND CONDITIONS OF SUCH PROGRAM.
POLICY EFFECTIVE EXPIRATION
TYPE OF COVERAGE NUMBER DATE DATE LIMITS
GENERAL LIABILITY Self-Insured Continuous Continuous BODILY INJURY, PROPERTY $5,000,000
® GENERAL LIABILITY DAMAGE&PERSONAL INJURY
® OCCURRENCE COVERAGE COMBINED EACH OCCURRENCE
AUTOMOBILE LIABILITY BODILY INJURY&PROPERTY $5,000,000
❑ANY AUTO DAMAGE COMBINED EACH
®ALL OWNED AUTOS ACCIDENT
❑SCHEDULED AUTOS
HIRED AUTOS
❑ NON-OWNED AUTOS
WORKERS COMPENSATION AND L&I Continuous Continuous WC-STATUTORY
EMPLOYERS LIABILITY
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS: Coverage applies as respects tort liability claims against
the State of Washington as covered by the Tort Claims Act (RCW 4.92 et seq.) The Certificate Holder is named as
additional insured, but only as respects the negligence of the State of Washington.
CERTIFICATE HOLDER: CANCELLATION
CITY OF KENT SHOULD THE SELF INSURANCE LIABILITY PROGRAM BE CANCELLED, THE
STATE OF WASHINGTON WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN
ATTN: DAVID HELDT NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE
525 FOURTH AVENUE NORTH TO MAIL SUCH NOTICE SHALL NOT IMPOSE ANY OBLIGATION OR LIABILITY
KENT,WA 98032 UPON THE STATE OF WASHINGTON, ITS OFFICIALS, EMPLOYEES, AGENTS
OR REPRESENTATIVES.
A7on
RIZED REPRE TA IVE: s
CERTIFICATE NUMBER CRT 19-316 k_Z -" `-
Jiems, State�s�k- ana er