The URL can be used to link to this page

Home My WebLink AboutCity Council Committees - Parks and Human Services Committee - 02/02/2023 (2) 4^* Parks and Human Services • Committee KEN T Thursday, February 2, 2023 WASH I NGTON 4:0 0 PM Chambers To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID 838 1479 4289, Passcode 929221 Chair Zandria Michaud Councilmember Satwinder Kaur Councilmember Toni Troutner ************************************************************** Item Description Action Speaker Time 1. Call to Order Chair 2. Roll Call Chair 3. Agenda Approval Chair 4. Business Chair A. Approval of Minutes Approval of January 5, 2023 YES Chair 01 MIN. Minutes B. Resolution Allocating Funds YES Merina Hanson and 10 MIN. to Finance Affordable Claire Goodwin, SKHHP Housing Projects in South Executive Manager King County Communities C. City of Kent Building YES Will Moore 10 MIN. Automation System Migration Project D. Amendment to Interlocal YES Bryan Higgins 05 MIN. Agreement with King County to Accept Funds from King County Conservation Futures for the Ruth Property Acquisition 5. Adjournment Chair Parks and Human Services Committee CC Parks February 2, 2023 Regular Meeting The public may submit written public comments that relate to a committee agenda item by emailing: cityclerk@kentwa.gov by 3:30 p.m. on the day of this committee meeting. After 3:30 p.m., written public comments may only be submitted in person by presenting them to the committee secretary at the public meeting. Written public comments that do not relate to a committee agenda item are not permitted. Written public comments are not read into the record. Unless otherwise noted, the Parks and Human Services Committee meets at 4 p.m. on the First Thursday of each month in City Council Chambers, 220 Fourth Avenue South, Kent WA 98032. For additional information, contact Ronald Lashley via email at Rlashley@kentwa.gov or call 253-856- 5101. Any person requiring a disability accommodation should contact the City Clerk's Office at 253-856- 5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1. Pending Approval Parks and Human Services KENT Committee W—...... CC Parks Regular Meeting Minutes January 5, 2023 Date: January 5, 2023 Time: 4:00 p.m. Place: Chambers Members: Zandria Michaud, Chair Satwinder Kaur, Councilmember Toni Troutner, Councilmember r Agenda: 4- 0 1. Call to Order 4:00 p.m. 0 2. Roll Call a a Attendee Name Title Status Arrived Zandria Michaud Chair Present _ a 0 Satwinder Kaur Councilmember Present _ Toni Troutner Councilmember Absent N 0 N 3. Aaenda Approval L 4. Business 0 1. Approval of Minutes r 1. Approval of Minutes dated December 1, 2022 MOTION: Move to approve the Minutes dated December 1, 2022 a� RESULT: APPROVED [UNANIMOUS] r MOVER: Satwinder Kaur, Councilmember SECONDER: Zandria Michaud, Chair Q AYES: Michaud, Kaur 2. Indigent Defense Contract = MOTION: I move to approve the agreement for Indigent Defense Services with STEWART MACNICHOLS HARMELL INC., P.S. in the amount of ONE MILLION TWO HUNDRED FORTY SIX THOUSAND NINE HUNDRED TWENTY DOLLARS ($1,246,920) per year, payable on a pro rata basis through equal monthly payments from February 1, 2023, through December 31, 2024, and authorize the Mayor to sign the agreement subject to final terms and conditions acceptable to the Parks Director and City Attorney. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 1 of 2 Packet Pg. 3 Parks and Human Services Committee CC Parks January 5, 2023 Regular Meeting Kent, Washington Minutes ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 1/17/2023 7:00 PM MOVER: Satwinder Kaur, Councilmember SECONDER: Zandria Michaud, Chair AYES: Michaud, Kaur 3. Conflict Indigent Defense Contract MOTION: I move to approve the agreement for Conflict Indigent Defense Services with Valley Defenders PLLC in an amount not to exceed $200,000 and authorize the Mayor to sign the agreement 2 subject to final terms and conditions acceptable to the Parks Director and City Attorney. o RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 1/17/2023 0 7:00 PM a MOVER: Satwinder Kaur, Councilmember Q SECONDER: Zandria Michaud, Chair a AYES: Michaud, Kaur o 5. Adjournment 4:05 p.m. N 0 2av�Laa-U� N L Committee Secretary 0 m r c ai c r a m Q a� c ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 2 of 2 Packet Pg. 4 4.B PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE Parks Director 220 Fourth Avenue South KENT Kent, WA 98032 W A S H i N G T O N 253-856-5100 DATE: February 2, 2023 TO: Parks and Human Services Committee SUBJECT: Resolution Allocating Funds to Finance Affordable Housing Projects in South King County Communities MOTION: I move to adopt a resolution to authorize the allocation of $317,818.98 from the City's contribution to the SKHHP Housing Capital Fund to finance affordable housing projects in South King County communities per the December 2022 SKHHP Housing Capital Fund Recommendations. SUMMARY: SKHHP was created in 2019 through an interlocal agreement of several city governments and King County to address housing needs in South King County. The SKHHP Advisory Board and Executive Board review funding requests received from housing providers and developers for projects related to affordable housing. The Executive Board then provides recommendations to member Councils for funding early the following year. Per the SKHHP interlocal agreements, Council approval is needed to authorize the allocation of funds to SKHHP for affordable housing. This is the first of what will be an annual process with SKHHP and associated member jurisdictions. After careful deliberation, the SKHHP Executive Board concurred with the recommendation of the SKHHP Advisory Board and recommends funding $1,393,308 for two projects, as described in the SKHHP Executive Board funding recommendation memo dated December 16, 2022 (Exhibit A to the resolution). The SKHHP Executive Board is requesting Kent funding of $317,818.98 for the following recommended projects: 1. $68,431.17 for Habitat for Humanity of Seattle-King and Kittitas Counties - Burien 2. $249,387.81 for Mercy Housing Northwest - Burien Family Housing As outlined in the Executive Board memo, sales tax credit receipts in the amount of $330,312 have already been contributed to SKHHP's Housing Capital Fund, with this Council approval those funds may be allocated to the projects recommended by the SKHHP Executive Board. Detailed descriptions of the projects, funding requests, rationale, and recommended conditions of funding for projects by the SKHHP Executive Board are included in Exhibit A to the resolution. Packet Pg. 5 4.B If not approved, SKHHP will not have Kent funds to contribute to the regional efforts to advance affordable housing projects that meet urgent local needs and priorities. BUDGET IMPACT: $317,818.98 (HB1406 capital fund) SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. ATTACHMENTS: 1. Resolution (DOCX) 2. SKHHP Executive Board Memo (DOCX) Packet Pg. 6 4.B.a EXHIBIT A RESOLUTION NO. c A RESOLUTION of the City Council of the City of Kent, Washington, authorizing the administering agency for South King Housing and Homelessness Partners to execute all documents E necessary to enter into agreements for the funding of affordable housing projects, as recommended by the SKHHP executive board, utilizing funds contributed by the City to the SKHHP housing U- capital fund. .Q U RECITALS .y 7 O A. On June 19, 2019, the City joined an interlocal agreement to = a form South King Housing and Homelessness Partners (SKHHP) to help = Y coordinate the efforts of King County and other South King County cities to N N provide affordable housing. N M M B. On February 4, 2021, the City joined another interlocal agreement for the purposes of pooling sales tax receipts with other o members of SKHHP to administer funds through the SKHHP Housing o Capital Fund. r c as C. The SKHHP Executive Board has recommended that the City and other SKHHP members participate in the funding of certain affordable Q housing projects and programs hereinafter described. D. The SKHHP Executive Board has developed a number of recommended conditions to ensure that the City's affordable housing funds 1 SKHHP Housing Capital Resolution Packet Pg. 7 4.B.a EXHIBIT A are used for their intended purpose and that projects maintain their affordability over time. E. Pursuant to the SKHHP formation interlocal agreement each legislative body participating in funding a project or program through SKHHP's Housing Capital Fund must authorize the application of a specific amount of the City's funds contributed to the SKHHP Housing Capital Fund c to a specific project or program. CU c F. The City Council desires to authorize the use of $317,818.98 E from funds contributed to the SKHHP Housing Capital Fund as designated below to finance the projects recommended by the SKHHP Executive Board. U_ i .Q NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, a, c WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 0 x RESOLUTION = x Y SECTION 1. - Authorization. Pursuant to the SKHHP interlocal N 0 agreements, the City Council authorizes the duly-appointed administering `m M agency of SKHHP to execute all documents and take all necessary actions M to enter into agreements to fund (1) Habitat for Humanity of Seattle-King c 0 and Kittitas Counties, and (2) Mercy Housing Northwest - Burien Family 0 Housing, in a combined total of $317,818.98. r c a� SECTION 2. - Terms and Conditions. The agreements entered into Pursuant to Section 1 of this resolution shall include terms and conditions Q to ensure that the City's funds are used for their intended purpose and that the projects maintain affordability over time. In determining what conditions should be included in the agreements, the duly-appointed administering agency of SKHHP shall be guided by the recommendations 2 SKHHP Housing Capital Resolution Packet Pg. 8 4.B.a EXHIBIT A set forth in the SKHHP Executive Board's memorandum of December 16, 2022, a copy of which is attached as Exhibit A. SECTION 3. - Severability. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. c 2 c� SECTION 4. - Corrections by City Clerk. Upon approval of the city attorney, the city clerk is authorized to make necessary corrections to this o resolution, including the correction of clerical errors; resolution, section, or subsection numbering; or references to other local, state, or federal laws, U- codes, rules, or regulations. .Q U 0 SECTION 5. - Effective Date. This resolution shall take effect and .y be in force immediately upon its passage. a x x Y N N O DANA RALPH, MAYOR Date Approved `l M M M ATTEST: c 0 r 0 m KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted W c as E APPROVED AS TO FORM: a TAM MY WHITE, CITY ATTORNEY 3 SKHHP Housing Capital Resolution Packet Pg. 9 4.B.b EXHIBIT B Memorandum SKON I REP South King Housing and Homelessness Partners TO: City of Auburn Council Members City of Kent Council Members c City of Burien Council Members City of Normandy Park Council Members City of Des Moines Council Members City of Renton Council Members City of Federal Way Council Members City of Tukwila Council Members E 0 FROM: SKHHP Executive Board DATE: December 16, 2022 u_ RE: 2022 SKHHP Housing Capital Fund Recommendation w .Q U OVERVIEW .N The 2022 SKHHP Housing Capital Fund was the first funding round made possible by c the pooling of resources from SKHHP member jurisdictions. SKHHP received three = a applications representing requests for just under $2.4 million in local funds to develop = 135 units of affordable housing. N After careful deliberation, the SKHHP Executive Board concurred with the N recommendations of the SKHHP Advisory Board, and is recommending funding $1,393,308 for two projects. M These recommendations advance projects that meet urgent local priorities, including E mixed income workforce housing, permanent supportive housing, and affordable homeownership. As rents and home sale prices continue to rise in our region, so does the need for affordable housing. Your investment in the SKHHP Housing Capital, o leveraged with millions of dollars from other sources, will provide this much needed m housing to hundreds of underserved members of our community. r The following is a description of the applications received, the Executive Board x recommendation and rationale, and proposed contract conditions for the proposals a recommended for funding at this time. Also enclosed is the proposed funding sources = and an economic summary of the projects recommended for funding. r c a� ATTACHMENTS: 1. Proposed funding sources a 2. Project economic summaries Page 1 of 11 Packet Pg. 10 4.B.b EXHIBIT B 1. HABITAT FOR HUMANITY SEATTLE-KING AND KITTITAS COUNTIES Funding request: $300,000 (secured grant) Advisory Board recommendation: $300,000 (secured grant) See attached proposed funding sources for distribution of City funds r PROJECT SUMMARY a� E Habitat for Humanity is requesting grant funds in the amount of $300,000 for a E homeownership project located in Burien. The proposed project is phase I of II of a new development that will result in 40 affordable condominiums. Phase I consists of the construction of 20 three bedroom townhomes, 1.5 bath houses for households earning up to 50% of area median income (AMI). w .Q The project proposal is to provide permanent affordability through a land trust administered by Habitat and sold with an individual ground lease that allows Habitat the right of first option to purchase the home upon resale with a set 1.5% appreciation calculation in the lease agreement. _ a As part of Habitat's homeownership model, homebuyers are required to put in 250 = hours of sweat equity. The project also requires a Condominium Owners Association U) (COA) comprised of residents. The COA will address property issues and guidelines o established in the land lease. Through the COA, reserves are established for the repair C.N and maintenance of the buildings and to address ongoing landscape and maintenance. M The reserve fund will be managed by the COA and funded through a monthly fee that is part of the overall housing costs and included in the 33% housing to household income E ratio provided to homebuyers. FUNDING RATIONALE 0 The Executive Board supports the intent of this application for the following reasons: m r • The project was approved for participation in the City of Burien affordable housing demonstration program. w a • The project strongly aligns with SKHHP Housing Capital Fund priorities including: _ providing homeownership opportunities, collaboration with local community- U) based organizations, direct experience and connection to populations they are proposing to serve, and advancing racial equity. E • The project schedule indicates construction to begin in 2022 and certificate of occupancies issued in 2024. a • The site has convenient access to transit, shopping, and services. • The project provides significant financial leverage of other sources. Page 2 of 11 Packet Pg. 11 4.B.b EXHIBIT B PROPOSED CONDITIONS Standard conditions (apply to all projects) 1. The Agency shall provide revised development and operating budgets based upon actual funding commitments, which must be approved by SKHHP staff. If the Agency is unable to adhere to the budgets, SKHHP staff must be immediately o notified and new budget(s) shall be submitted by the Agency for SKHHP staff approval. SKHHP staff shall not unreasonably withhold its approval to revised budget(s), so long as such new budget(s) do not materially adversely change the E Project. This shall be a continuing obligation of the Agency. Failure to adhere to the 0 budgets, either original or as amended may result in withdrawal of SKHHP's commitment of funds. U_ 2. The Agency shall submit evidence of funding commitments from all proposed public w and private funding sources. In the event commitment of funds identified in the application cannot be secured in the time frame identified in the application, the Agency shall immediately notify SKHHP staff, and describe the actions it will .N undertake to secure alternative funding and the timing of those actions subject to c SKHHP staff review and approval. x a x 3. Funds shall be used by Agency toward specific project costs as included in funding Y agreement and consistent with RCW 82.14.540. Funds may not be used for any U) N other purpose unless SKHHP staff has given written authorization for the alternate N use. If after the completion of the project there are budget line items with M unexpended balances, SKHHP and other public funders shall approve adjustments to the project capital sources, including potential reductions in public fund loan balances. E 4. Agency shall evaluate and consider the maximization of sustainability features such as in efficient building envelope, heat pumps and propose a plan for the o maximization of sustainability. °W 5. In the event federal funds are used, and to the extent applicable, federal guidelines must be met, including but not limited to: contractor solicitation, bidding and w selection; wage rates; and federal laws and regulations. a x x 6. The Agency shall maintain documentation of any necessary land use approvals, Y U) permits, and licenses required by the jurisdiction in which the project is located. r c a� 7. The Agency shall submit monitoring quarterly reports through completion of the E project, and annually thereafter, and shall submit a final budget upon project completion. If applicable, Agency shall submit initial tenant information as required a by SKHHP. 8. Agency shall maintain the project in good and habitable condition for the duration of period of affordability. Page 3 of 11 Packet Pg. 12 4.B.b EXHIBIT B Special conditions 1. Funds will be in the form of a secured grant with no repayment, so long as affordability and target population are maintained. 2. A covenant is recorded ensuring affordability for at least 50 years, with size and affordability distribution per the following table. Limited changes to the matrix may c be considered based on reasonable justification as approved by SKHHP staff. c Affordability 3 bedroom Total E E 60% 20 20 0 a� Total 20 20 U- .Q U .N O 2 a x x Y Cn N N O N M M M O E N L O m d V K W Y c W E t v c� Q Page 4 of 11 Packet Pg. 13 4.B.b EXHIBIT B 2. MERCY HOUSING NORTHWEST - BURIEN FAMILY HOUSING Funding request: $1,093,308 Executive Board recommendation: $1,093,308 (forgivable loan) See attached proposed funding sources for distribution of City funds r PROJECT SUMMARY a� E Mercy Housing Northwest is requesting funds in the amount of $1,093,308 for an 89 unit E multifamily mixed income affordable rental housing development in Burien. The project proposal is to provide a mix of 1- 2- and 3-bedroom apartments, for households with mixed incomes from 0-30%, 30-50%, and up to 60% of area median income, and set asides for households with a disability and homeless households. w .Q The proposed project is a partnership with Mary's Place. Mary's Place and Mercy Housing Northwest entered into a memorandum of understanding indicating Mary's Place's intent to subdivide the property and donate an approximate 2 acre portion to Mercy Housing Northwest for the proposed multifamily development. _ a FUNDING RATIONALE _ Y The Executive Board supports the intent of this application for the following reasons: N N O • The project aligns with Burien's Comprehensive Plan land use designation and `1 has two routes for zoning approval - an applicant pursued site specific rezone or a City initiated area wide rezone as part of the Ambaum Corridor plan, both are currently underway. ° E • The project strongly aligns with SKHHP Housing Capital Fund priorities including: collaboration with local community-based organizations, direct experience and o connection to populations they are proposing to serve, meeting the needs of m aD those and available to those most disproportionately impacted by housing costs, '- r advancing racial equity. x The project has the opportunity to deliver mixed income housing on a significant a • scale in a location with access to transit and other amenities. _ x Y • The project is part of a partnership with Mary's Place which will create significant ' shelter and services. • The project includes over half (54%) of the houses to be family-sized 2 and 3 bedroom units. a • The project serves special needs population through a set aside for households with a disability and formerly homeless households. • The site has convenient access to transit, shopping, and services. Page 5 of 11 Packet Pg. 14 4.B.b EXHIBIT B • The project is expected to provide significant financial leverage of other sources. PROPOSED CONDITIONS Standard conditions (apply to all projects) 1. The Agency shall provide revised development and operating budgets based upon actual funding commitments, which must be approved by SKHHP staff. If the ° r Agency is unable to adhere to the budgets, SKHHP staff must be immediately notified and new budget(s) shall be submitted by the Agency for SKHHP staff approval. SKHHP staff shall not unreasonably withhold its approval to revised o budget(s), so long as such new budget(s) do not materially adversely change the Project. This shall be a continuing obligation of the Agency. Failure to adhere to the budgets, either original or as amended may result in withdrawal of SKHHP's commitment of funds. w .Q 2. The Agency shall submit evidence of funding commitments from all proposed public and private funding sources. In the event commitment of funds identified in the application cannot be secured in the time frame identified in the application, the Agency shall immediately notify SKHHP, and describe the actions it will undertake to = secure alternative funding and the timing of those actions subject to SKHHP staff = review and approval. Y U) 3. Funds shall be used by Agency toward specific project costs as included in funding o agreement and consistent with RCW 82.14.540. Funds may not be used for any N other purpose unless SKHHP staff has given written authorization for the alternate M use. If after the completion of the project there are budget line items with unexpended balances, SKHHP and other public funders shall approve adjustments E to the project capital sources, including potential reductions in public fund loan balances. 4. Agency shall evaluate and consider the maximization of sustainability features such m as in efficient building envelope, heat pumps and propose a plan for the r maximization of sustainability. a� x 5. In the event federal funds are used, and to the extent applicable, federal guidelines w a must be met, including but not limited to: contractor solicitation, bidding and = selection; wage rates; and federal laws and regulations. Y U) 6. The Agency shall maintain documentation of any necessary land use approvals and permits required by the jurisdiction in which the project is located. E 7. The Agency shall submit monitoring quarterly reports through completion of the a project, and annually thereafter, and shall submit a final budget upon project completion. If applicable, Agency shall submit initial tenant information as required by SKHHP. Page 6 of 11 Packet Pg. 15 4.B.b EXHIBIT B 8. Agency shall maintain the project in good and habitable condition for the duration of period of affordability. SPECIAL CONDITIONS 1. Funds will be in the form of a deferred, contingent, forgivable loan. Loan terms will account for various factors, including loan terms from other fund sources and o available cash flow. Final loan terms shall be determined prior to release of funds and must be approved by SKHHP Staff. E 2. A covenant is recorded ensuring affordability for at least 50 years, with size and E affordability distribution per the following table. Limited changes to the matrix may be considered based on reasonable justification as approved by SKHHP staff. If the project is unsuccessful in securing Housing Choice Vouchers, the project may shift an allocation of units set aside at 30% AMI to either 50% or 60% AMI. w .Q Affordability Total 30% 35 .N 30-50% 28 x° a 60% 26 = Y U) Total 89 N N O N M M 3. The net developer fee shall be established at the time of finalizing the Contract Budget. Net developer fee is defined as that portion of the developer fee paid out of o capital funding sources and does not include the deferred portion which is paid out of cash flow from operations after being placed in service. L 4. SKHHP staff shall review and approve the services budget and services plan for M consistency with application. r 5. Timeframe for funding commitment. The funding commitment continues for thirty- six (36) months from the date of Council approval and shall expire thereafter if all w conditions are not satisfied. An extension may be requested to SKHHP staff no later = than sixty (60) days prior to the expiration date. At that time, the Agency will provide Y a status report on progress to date and expected schedule for start of construction `" r and project completion. The SKHHP Executive Board will consider a twelve-month extension only on the basis of documented, meaningful progress in bringing the project to readiness or completion. At a minimum, the Agency will demonstrate that all capital funding has been secured or is likely to be secured within a reasonable a period of time. 6. The project will contain a 20% set aside for households with a disability, and 40% set aside for homeless households, unless otherwise approved by SKHHP staff. Page 7 of 11 Packet Pg. 16 4.B.b EXHIBIT B 3. ECOTHRIVE — BURIEN Funding request: $700,000 - $1,000,000 Executive Board recommendation: $0 PROJECT SUMMARY OVERVIEW 0 EcoThrive is requesting grant funds in the amount of $700,000 - $1,000,000 for a homeownership project located in Burien. The project proposal is to provide permanent affordability through a limited-equity cooperative formed by homeowners as well as a E E community land trust that holds the land in trust. The proposed project is the new 0 construction of 26 houses ranging in size from 350 square feet to 650 square feet for households earning between 30 and 50% of area median income (AMI). U_ The property currently consists of a single family residential house that is uninhabitable. w The property is currently zoned single family residential that allows for 6 dwelling units per acre. EcoThrive has submitted an application for the City of Burien's affordable housing demonstration program that would allow for a greater density of housing than is .N currently allowed on the property. Estimated approval for the affordable housing 0 demonstration program is March of 2023. a x FUNDING RATIONALE Y U) The Executive Board supports the concept of the EcoThrive housing proposal but does o not recommend funding at this time. The Executive Board would welcome an C`4 application in the next funding round. This would provide an opportunity for EcoThrive to M address the issues identified below- 0 • Further develop the plan for operational support of the limited equity cooperative E and other supportive services. L • Further develop and identify the plan for qualifying households for home loans. 0 ca (D • Sweat equity at 10 hours per month in perpetuity may be a significant challenge '- r for some households. x • Obtain approval for City of Burien Affordable Housing Demonstration Program or a pursuit of other land use changes that support the development proposal. _ Y U) • Include development cost estimate that helps establish soundness of r development budget. • Further development of building design, parking, and conformance with zoning requirements. a • Further develop plan for engaging, connecting, and working with households proposing to serve. Page 8 of 11 Packet Pg. 17 4.B.b EXHIBIT B ATTACHMENT 1: Proposed Funding Sources Total contributed to Mercy Housing Jurisdiction SKHHP Housing Habitat for Northwest- Unallocated Capital Fund Humanity- Burien Burien Family Housing _ Auburn $305,338 $63,257.27 $230,532.27 $11,548.46 0 0 Burien $146,350 $30,319.52 $110,495.25 $5,535.23 Des Moines $51,777 $10,726.71 $39,091.99 $1,958.30 Federal Way $243,141 $50,371.84 $183,573.11 $9,196.05 E E Kent $330,312 $68,431.17 $249,387.81 $12,493.02 �0, m Normandy $2,863 $593.13 $2,161.58 $108.28 Park c Renton $337,320 $69,883.02 $254,678.90 $12,758.08 Li Tukwila $30,976 $6,417.34 $23,387.09 $1,171.57 `° Total $1,448,077 $300,000 $1,093,308 $54,769 v a� N O x a x x Y Cn N N O N M M M O E N L O m d V K w x x Y U) c a� E t v c� Q Page 9 of 11 Packet Pg. 18 4.B.b EXHIBIT B ATTACHMENT 2: Project Economic Summaries Applicant: Habitat for Humanity Seattle-King and Kittitas Counties Project Name: Burien Location: 515 & 511 S. 136th Street, Burien, WA 98168 0 -W Project Description: New development of 20 homeownership condominium units c m E E 0 Financing Sources: Funding source Proposed Amount Status c SKHHP $300,000 Applied Li Housing Trust Fund $1,125,000 Committed .r King County HOME $1,547,282 Committed v Fund for Humanity (developer) $4,860,994 CHIP $568,500 Committed ,�—� TOTAL $8,401,776 0 x a x Development Budget: Y N Proposed use Amount Per Unit c Land acquisition $1,020,000 $51,000 N Soft costs $414,250 $20,713 M Development costs $6,734,026 $336,701 Other development costs $233,500 $11,675 E TOTAL $8,401,776 $420,089 L 0 m d V K W x x Y cn c a� E t v c� Q Page 10 of 11 Packet Pg. 19 4.B.b EXHIBIT B Applicant: Mercy Housing Northwest Project Name: Burien Family Housing Location: 12845 Ambaum Blvd SW, Burien, WA 98146 Project Description: New development of 89 unit mixed-income rental housing 0 :r c m Financing Sources: E 0 Funding source Proposed Amount Status SKHHP $1,093,308 Applied Land donation $1,750,000 Committed 0 Bank loan $10,390,926 R 4% LIHTC equity $16,523,298 To apply in 2024 a Deferred developer fee $2,018,987 State Housing Trust Fund $5,000,000 To apply 2023 Amazon grant $5,000,000 Applied U) King County $4,900,000 Applied 0 x Mercy loan fund (developer) $750,000 a- TOTAL $47,426,519 Y Cn N N Development Budget N M Proposed use Amount Per Unit Land acquisition (donation) $1,750,000 $19,663 Soft costs $5,974,879 $67,134 0 E Construction costs $36,540,135 $410,563 Other development costs $3,161,000 $35,517 -a TOTAL $47,426,519 $532,882 0 In m r m x w a x x Y c a� E t v c� Q Page 11 of 11 Packet Pg. 20 4.0 PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE Parks Director 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5100 DATE: February 2, 2023 TO: Parks and Human Services Committee SUBJECT: City of Kent Building Automation System Migration Project MOTION: I move to authorize the Mayor to sign the goods & services agreement with Siemens Industry, Inc, in the amount of $207,334.10, to upgrade our Siemens HVAC automation software from the existing version, Insight, to the newest version, Desigo CC, and authorize the Mayor to sign the agreement subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: The agreement is to upgrade our Siemens HVAC automation software from the existing version, Insight, to the newest version, Desigo CC. The City's building portfolio is managed by this Siemens software and hardware. Maintaining and upgrading this system is critical to the functionality of the HVAC systems at all locations. BUDGET IMPACT: Capital budget ($207,334.10) SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Goods & Services Agreement - Siemens Industry, Inc. (PDF) 2. Siemens Upgrade Waiver Memo (PDF) Packet Pg. 21 4.C.a KEN T WAs� �ro U N GOODS & SERVICES AGREEMENT between the City of Kent and ° L Siemens Industry, Inc. E THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation N (hereinafter the "City"), and Siemens Industry, Inc. organized under the laws of the State of Delaware, cq located and doing business at 15900 SE Eastgate Way, Stuite 200, Bellevue, WA 98008, Joe Tamola, 425- c 233-4828 (hereinafter the "Vendor"). E AGREEMENT ° a I. DESCRIPTION OF WORK. The Vendor shall provide the following goods and materials and/or perform the following services for m the City: m Y As described in attached Exhibit A, incorporated herein, the scope of work is to upgrade 0, our Siemens HVAC automation software from the existing version, Insight, to the newest v version, Desigo CC. The City's building portfolio is managed by this Siemens software and hardware and maintaining and upgrading this system is critical to the functionality of the HVAC systems at all locations ci c N 7 The Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and c services through other sources. E m II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall v) complete the work and provide all goods, materials, and services by 12/31/2023. m III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $207,334.10, E including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: a as it Payment Terms: 35% mobilization in advance, progress payments N 06 N ° ° 0 c a� E c� Card Payment Program. The Vendor may elect to participate in automated credit card payments a provided for by the City and its financial institution. This Program is provided as an alternative to payment GOODS & SERVICES AGREEMENT - 1 (Over$20,000, including WSST) Packet Pg. 22 4.C.a 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 companies. The Vendor shall not charge those fees back to the City. r If the City objects to all or any portion of an invoice, it shall notify the Vendor 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 0 A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the L Vendor for any defective or unauthorized goods, materials or services. If the Vendor is 2) unable, for any reason, to complete any part of this Agreement, the City may obtain the 2 goods, materials or services from other sources, and the Vendor shall be liable to the City for aEi any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement Cn price specified above. The City further reserves its right to deduct these additional costs c incurred to complete this Agreement with other sources, from any and all amounts due or to R become due the Vendor. E 0 B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL Q CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS .a MADE. m r c IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Y 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: r U A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. M B. The Vendor maintains and pays for its own place of business from which the Vendor's d services under this Agreement will be performed. c C. The Vendor has an established and independent business that is eligible for a business 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, occupation, profession, or business of the same nature as that involved under this Agreement. E in 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. aEi a� L E. The Vendor has registered its business and established an account with the state a 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 .2 of Washington. it F. The Vendor maintains a set of books dedicated to the expenses and earnings of its 06 business. o 0 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 this Agreement. E VI. CHANGES. The City may issue a written amendment for any change in the goods, materials a or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, the Vendor must submit a written amendment request to the GOODS & SERVICES AGREEMENT - 2 (Over$20,000, including WSST) Packet Pg. 23 4.C.a person listed in the notice provision section of this Agreement, Section XV(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 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 r agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the o amended work upon receiving either a written amendment from the City or an oral order from the City a before actually receiving the written amendment. If the Vendor fails to require an amendment within the o time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for L that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must 2) complete the amended work; however, the Vendor may elect to protest the adjustment as provided in 2 subsections A through E of Section VIII, Claims, below. W r The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the c Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract R time and for direct, indirect and consequential costs, including costs of delays related to any work, either c covered or affected by the change. a VII. 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, or other natural disaster or acts of government ('force majeure event"). Performance that is prevented or m 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 Y performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing c state or national declarations of emergency, or any current social distancing restrictions or personal r protective equipment requirements that may be required under federal, state, or local law in response to v the current pandemic. 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 c the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be S effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City m shall not be liable for, the payment of any part of the contract price during a force majeure event, or any E costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. 'U) Performance that is more costly due to a force majeure event is not included within the scope of this Force r Majeure provision. E 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 a 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 .2 loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the N Vendor. °6 VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written 0 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 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 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. 24 4.C.a to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items r 1 through 5 below. m 0 L FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN a THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN o ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY c L THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: Cn 1. The date of the Vendor's claim; c 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; E 0 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and Q 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. .3 m 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 Y Vendor's records needed for evaluating the protest. c r The City will evaluate all claims, provided the procedures in this section are followed. If the v City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. 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 — Agreement. ' N 7 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 (including directions, instructions, interpretations, and determination). E T E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this 'U) 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 determination). aEi a� L IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING Q 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. .2 THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. it m X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work 06 provided under this Agreement in accordance with the provisions of this Agreement. In addition to any o other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions 0 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 E promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have cu0a known of the defect, or (2) upon the Vendor's receipt of notification from the City of the existence or a discovery of the defect. In the event any part of the goods are repaired, only original replacement parts 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. 25 4.C.a 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 reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay r all costs incurred by the City in order to accomplish the correction. m 0 L XI. 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 o Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national L origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who 2) is qualified and available to perform the work to which the employment relates. The Vendor shall execute 2 the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative Policy 1.2. XII. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its officers, c officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or R suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's c performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. Q a� c The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds .a to avoid any of these covenants of indemnification. m r c IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION Y PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, c TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER r ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. v 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 d shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable c attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. c The provisions of this section shall survive the expiration or termination of this Agreement. c m XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, E insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. i) i r XIV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of E 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 a other articles used or held for use in connection with the work. v, as XV. MISCELLANEOUS PROVISIONS. it A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its 06 contractors and consultants to use recycled and recyclable products whenever practicable. A price o 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 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 ru- 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. 26 4.C.a C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules r and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the o 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 o award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's L right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at E the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this c Agreement or such other address as may be hereafter specified in writing. E 0 E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, Q the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. .5 .3 m 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. Y 0 G. Entire Agreement. The written provisions and terms of this Agreement, together with any r Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative v of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. ci c H. Compliance with Laws. The Vendor 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 Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. c m I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the E Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, 'U) emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be �! subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and E obligations under the Public Records Act. a� a J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. it K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any 06 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 00 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. _ a� E IN WITNESS, the parties below execute this Agreement, which shall become effective on 5 the last date entered below. All acts consistent with the authority of this Agreement and prior a GOODS & SERVICES AGREEMENT - 6 (Over$20,000, including WSST) Packet Pg. 27 4.C.a to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: CITY OF KENT: r U m 0 L By: By: a C O Print Name: Print Name: Dana Ralph L a� Its Its Mayor E a� r DATE: DATE: Cn c 0 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: c�v E O VENDOR: CITY OF KENT: a Joe Tomola Leah Bryant 9 Siemens Industry, Inc. City of Kent 15900 SE Eastgate Way, Suite 200 220 Fourth Avenue South m Bellevue, WA 98008 Kent, WA 98032 c m Y 425-233-4828 (telephone) (253) 856-5084 (telephone) c NA (facsimile) (253) 856-5080 (facsimile) U APPROVED AS TO FORM: M M V C Kent Law Department — ATTEST: c c m Kent City Clerk E i) i r c m [In this field,you may enter the electronic filepath where the contract has been saved] E N N L Q V it W to 06 0 0 ,O V E V Q GOODS & SERVICES AGREEMENT - 7 (Over$20,000, including WSST) Packet Pg. 28 4.C.a DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY r U as The City of Kent (City) is committed to conform to Federal and State laws regarding equal 0 opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who c 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. c 252), (prohibits discrimination on the basis of race, color, national origin); E • 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 a Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement m of Title VI of the Civil Rights Act of 1964). a� Y • Ch. 49.60 RCW (Washington Law Against Discrimination) o U The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and M Regulations". M The following statements specifically identify the requirements the City deems necessary for any 5 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. a) The statements are as follows: � i c 1. I have read the attached City of Kent administrative policy number 1.2. E a� a� 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, a 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 06 employer. 0 4. During the time of the Agreement I. the prime contractor, will actively consider hiring and c0 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: a EEO COMPLIANCE DOCUMENTS - 1 of 5 Packet Pg. 29 4.C.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- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and o 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 c and made a part of this contract. L 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 n indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program E set forth in Appendix B of 49 CFR Part 21. ° a 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 m 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 Y contract and the Acts and the Regulations relative to non-discrimination on the c grounds of race, color, or national origin. U 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 y 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 E what efforts it has made to obtain the information. U) i E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with a the non-discrimination provisions of this contract, the City will impose such contract E sanctions as it or the Washington State Department of Transportation may c) determine to be appropriate, including, but not limited to: a a. withholding payments to the contractor under the contract until the it contractor complies; and/or in b. cancelling, terminating, or suspending a contract, in whole or in part. 06 0 F. Incorporation of Provisions: The contractor will include the provisions of 0 paragraphs (A) through (F) above in every subcontract, including procurements of c materials and leases of equipment, unless exempt by the Acts and Regulations and E 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 M 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 of 5 Packet Pg. 30 4.C.a 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. a� 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 c authorities; including but not limited to: L C Pertinent Non-Discriination Authorities: W m r 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. E 0 ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Q (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose 0, c property has been acquired because of Federal or Federal-aid programs and projects); ' m iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination a� on the basis of sex); Y iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, 0% r (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.), M (prohibits discrimination on the basis of age); M 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 i 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 N Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by a expanding the definition of the terms "programs or activities" to include all of the E programs or activities of the Federal-aid recipients, sub-recipients and contractors, v) whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination E on the basis of disability in the operation of public entities, public and private , transportation systems, places of public accommodation, and certain testing entities Q (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) 06 (prohibits discrimination on the basis of race, color, national origin, and sex); a X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority 0 Populations and Low-Income Populations, which ensures Non-discrimination against r minority populations by discouraging programs, policies, and activities with E disproportionately high and adverse human health or environmental effects on r minority and low-income populations; .2 EEO COMPLIANCE DOCUMENTS - 3 of 5 Packet Pg. 31 4.C.a 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); 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 2 seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) E a� 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. 0 r By signing below, I agree to fulfill the five requirements referenced above. E 0 Q By: c For: ' m r c a� Title: Y 4- 0 Date: r U M M V C L E 2 vJ Q� E L Q V L U) W 0 ,0 V r E V R Q EEO COMPLIANCE DOCUMENTS - 4 of 5 Packet Pg. 32 4.C.a CITY OF KENT ADMINISTRATIVE POLICY iz U as NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 a c 0 :r L C SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 Cn APPROVED BY Dana Ralph, Mayor 0 r POLICY: E 0 Equal employment opportunity and non-discrimination in contracting requirements for the City of Q 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 $10,000 or more within any given year, must m take the following affirmative steps: Y 1. Provide a written statement to all new employees and subcontractors indicating c commitment as an equal opportunity employer. U 2. Actively consider for promotion and advancement available minorities and women. M Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination ` Policy Declaration, prior to commencing performance. ' N 7 Any contractor, subcontractor, consultant or supplier who willfully disregards the City's S nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. a) Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to coordinate with the City's Title VI coordinator, and perform the following duties for their respective departments. E a� L 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these a regulations are familiar with the regulations and the City's equal employment opportunity policy. it a� 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 06 0 0 t9 c a� E ca a EEO COMPLIANCE DOCUMENTS - 5 of 5 Packet Pg. 33 EHXIBIT A U PROPOSAL 0 City of Kent Building Automation System Migration Project `a c 0 :r PREPARED BY a� Siemens WArkin$UILDINGS E PREPAR6WR • Will Moor r n f r m i ntheEverydli3a so DELIVERED ON E November 10, 2022 a M�aftm m A M C O _ F � U Cl) Wa V O N _ 7 C N E we so- t.�`1•: i7n tj%�i�e'. E t • s�. 4) •:,:s a2�il� w it t!sBit 9 a) Cn 0 E Packet Pg. 34 4.C.a SIEMEN , - : Table of Contents .; O L SIEMENS PROPOSAL 3 ....................................................................................................... ContactInformation .............................................................................................. 3 w Scopeof Work ....................................................................................................... 4 21 Inclusions 5 2 Exclusions & Clarifications...................................................................................... 6 r Sell Price................................................................................................................ 7 cn Payment Terms 8 c ...................................................................................................... r Termsand Conditions..................................................................................................... 9 E O Terms & Conditions Link(s) ......... SignaturePage............................................................................................................. 10 SignaturePage .................................................................................................... 10 m r a� Y 4- 0 U M M V C L E vJ Q� E L Q V L U) W O ,O V r E V R Q Pa Packet Pg. 35 4.C.a SIEMENS iz� Contact Information 0 L a Proposal #: 6112978 0 :r Date: November 10, 2022 a� E a� r Sales Executive: Joe Tomola cn c 15900 SE Eastgate Way Branch Address: Suite 200, Washington 98008 E 0 Telephone: 425-233-4828 Q Email Address: joe.tomola@siemens.com c m r Customer Contact: Will Moore m Y Customer: City of Kent 0 Address: 400 W Gowe St. Kent,WA 98032 V M M Services shall be provided at: Multiple Facilities L Y N 7 C N C N E d U) I r C d E N N L Q V it 06 0 ,0 V E V R Q Pa Packet Pg. 36 4.C.a SIEMENS iz� Scope of Work ° L Siemens recommends that the City of Kent upgrade the existing Insight building automaton software to the latest revision or Desigo CC. The City of Kent building portfolio is monitored and controlled by several ° building engineers on a 24/7 schedule. After upgrading to Desigo CC, building engineers for City of Kent will o, benefit in many ways by taking full advantage of the latest building automation technology Siemens offers. Siemens migration approach is to have both Insight and Desigo CC servers running concurrently so operators 2 can become familiar with the new Desigo CC platform while still having full control of the campus via Cn Insight. c r ° E ° a .3 m ° r U M M V C rr N 7 C N C N E d U) I r C d E N N L Q V it 06 ° ,° V E V Q Pa Packet Pg. 37 4.C.a SIEMENS iz� Inclusions 0 L a c 0 • Provide and configure new Desigo CC server L • Provide and configure (1) copy of Desigo CC software • Provide and configure Desigo CC user licenses, qty tea E a� • Provide and configure DataMate on new Desigo CC server • Provide and configure P2 driver, log viewer, and RENO c • Provide a max of (10) reports and (30) user defined alarms o r • Provide and configure licenses for (2,500) building automation points E • Provide engineering labor to create a max of(111) Desigo CC graphics • Provide Siemens specialist labor hours necessary to update a max of (1,300 points & 300 TECs) points Q a� to current standards • Provide training for (2) students to attend Siemens formal training at local branch 3 • Provide Siemens specialist labor hours necessary to install software, configure settings, add graphic m dynamics, setup user accounts, and ensure overall Desigo CC functionality. Y • Provide Siemens project management labor hours necessary to order material, coordinate scheduling, c billing, and oversee entire project execution. r U M M V C rr N 7 C N C N E d U) I r C d E N N L Q V it 06 0 ,0^ V E V Q Pa Packet Pg. 38 4.C.a SIEMENS iz� L Exclusions & ClarificationsIL 0 L • Integration to third party systems is excluded • Firmware upgrades are excluded from this pricing • Field panel migrations are excluded (This work was completed in earlier phases) • Repair and replacement of existing failed mechanical equipment & devices is excluded c • Ethernet Network, Cabling, Switches, Routers etc. is excluded from this pricing • Pricing is based on labor during normal business hours (8:00am to 5:00pm, Mon — Fri) c • Washington State Sales Tax is excluded ' a .3 m 0 r U M M V C rr N 7 C N C N E d U) I r C d E N N L Q V it 06 0 ,0 V E V Q Pa Packet Pg. 39 4.C.a SIEMI . .: 0 L Sell Price O w L Total Quote Price $188,314.35 E (D r U) c 0 r E O Q a� c m r c m Y 4- 0 U M M V C L E vJ C 0 E d L Q V L U) W O ,O V r C O E V R Q Pa Packet Pg. 40 4.C.a SIEMENS iz� Payment Terms 0 L Payment Terms Acceptance Agreement 0 The total price of: $188,314.35 and the estimated return on investment are based on the items outlined in this proposal. ANY statements made herein regarding savings that may be achieved by implementing the services offered in this proposal are estimates only. No warranty, either expressed or implied, shall be E a� r construed to arise from such statements, nor shall such statements be construed as constituting a guarantee by Siemens that such savings will occur if the services are implemented. 0 r Terms and Conditions Disclaimer E 0 The Customer acknowledges that when approved by the Customer and accepted by Siemens Industry, Inc.: ' a (i) the Proposal and the Contract Terms and Conditions, (together with any other documents incorporated into the forgoing) shall constitute the entire agreement of the parties with respect to its subject matter (collectively, hereinafter referred to as the "Agreement") and (ii) in the event of any conflict between the m terms and conditions of the Proposal and the terms and conditions of The Contract Terms and Conditions, the Contract Terms and Conditions shall control. Y 0 BY EXECUTION HEREOF, THE SIGNER CERTIFIES THAT (S)HE HAS READ ALL OF THE TERMS AND CONDITIONS U AND DOCUMENTS, THAT SIEMENS OR ITS REPRESENTATIVES HAVE MADE NO AGREEMENTS OR REPRESENTATIONS EXCEPT AS SET FORTH THEREIN, AND THAT (S)HE IS DULY AUTHORIZED TO EXECUTE THE M SIGNATURE PAGE ON BEHALF OF THE CUSTOMER. ci c This Proposal is based on the Siemens Industry, Inc. Standard Terms and Conditions and the "Scope of Work" and are to be considered part of this proposal. Proposal is valid for thirty(30) days from the delivery date of y November 10, 2022. Payment is due within 30 days of invoice date. c Payment Terms:35% mobilization in advance, progress payments Total:$188,314.35 E i) i r c m E a� a� L Q V it 06 0 ,0^ V E V Q Pa Packet Pg. 41 4.C.a SIEMENS iz� Terms & Conditions Link(s) 0 L a Terms and Conditions (Click to download) c Terms&Conditions(Projects) (http:llgo.siemens.net/l 5156302) a� Terms&Conditions(Products Only) Ey (http:llgo.siemens.net115492770) c As a result of the global Covid-19 Virus outbreak, temporary delays in delivery, labor or services from Siemens and its sub-suppliers or subcontractors may occur. Among other factors, Siemens' delivery is subject to the c correct and punctual supply from sub-suppliers or subcontractors, and Siemens reserves the right to make Q partial deliveries or modify its labor or services. While Siemens shall make every commercially reasonable a� c effort to meet the delivery or service or completion date mentioned above, such date is subject to change. =a .3 Attachment A m 0 Riders (Click on rider below to download c SI Monitoring Rider V (www.siemens.comldownload?A6Vl0946171) M SI Online Backup and Data Protection M (www.siemens.comldownload?A6V10946174) ., ci c SI UBM or Utility Procurement — (www.siemens.comldownload?A6Vl0946178) ' N SI Software License Warranty (www.siemens.comldownload?A6Vl 0946180) c— c SI Consulting Rider m E (www.siemens.comldownload?A6Vl0946838) m to SI Third Party Rider(Smart Air QualityTm) �! (http:llgo.siemens.net/37893169) m E a� a� L Q V it 06 0 ,0^ V E V Q Pa Packet Pg. 42 4.C.a SIEMENS iz� Signature Page ° L a Proposed by: Accepted by: o L Siemens Industry, Inc. CITY OF KENT E Company Company N r Cn c Joe Tomola c r R E Name Name (Printed) ° a 6112978 Proposal # Signature m m Y $188,314.35 0 r U Proposal Amount Title M M November 10, 2022 ci c Date Date L N 7 C N C N Purchase Order# E m in i r c m E a� a� L Q V it 06 ° ,° V E V R Q Pag Packet Pg. 43 4.C.a EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS 0 Insurance L The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or Cn subcontractors. o A. Minimum Scope of Insurance c Consultant shall obtain insurance of the types described below: c 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written m on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If Y necessary, the policy shall be endorsed to provide 0 contractual liability coverage. U 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability M arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured — contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ; ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 E 85 or a substitute endorsement providing equivalent i) coverage. c a� 3. Workers' Compensation coverage as required by the E Industrial Insurance laws of the State of Washington. i 4. Professional Liability insurance appropriate to the N Consultant's profession. it B. Minimum Amounts of Insurance in 06 Consultant shall maintain the following insurance limits: o 0 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. E a Packet Pg. 44 4.C.a EXHIBIT B (Continued ) 2. Commercial General Liability insurance shall be written with ° a limits no less than $3,000,000 each occurrence, $3,000,000 c general aggregate. L 3. Professional Liability insurance shall be written with limits no less than 2,000,000 per claim and $4,000,000 policy E aggregate limit. 2 C. Other Insurance Provisions `n c 0 r The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability o insurance: ' a 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool 3 coverage maintained by the City shall be excess of the Consultant's m insurance and shall not contribute with it. Y 2. The Consultant's insurance shall be endorsed to state that coverage shall o not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given U to the City. M 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as — additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. E in D. Acceptability of Insurers c a� Insurance is to be placed with insurers with a current A.M. Best rating of not E less than ANII. a E. Verification of Coverage it Consultant shall furnish the City with original certificates and a copy of the in amendatory endorsements, including but not necessarily limited to the 06 additional insured endorsement, evidencing the insurance requirements of o the Consultant before commencement of the work. 0 c a� E a Packet Pg. 45 4.C.a EXHIBIT B (continued ) F. Subcontractors •o L a Consultant shall include all subcontractors as insureds under its policies or c shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. E a� 0 r R E 0 a .3 m 0 r U M M V C N 7 C N C N E d I r C d E N N L Q V it 06 0 ,0 V E V Q Packet Pg. 46 CERTIFICATE OF LIABILITY INSURANCE 01/27/2023 4.C.a ACCO " DATE(P 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[ REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. v IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement oI 0 this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). d PRODUCER CONTACT Marsh USA IncNAME, . G MARSH USA,INC. 445 SOUTH STREET LAIC,No EXt: (212)345-1166 AIC No: MORRISTOWN,NJ 07960-6454 ADDRESS: NewYork.certs@Marsh.com INSURER(S)AFFORDING COVERAGE NAIC# CN102147003-RAM-PPAPL-22/23 4433 SOUSA 1185 NOC60 INSURER A:HDI Global Insurance Company 41343 E INSURED INSURER B:Travelers Property Casualty Co.of America 25674 SIEMENS INDUSTRY,INC. 1000 DEERFIELD PARKWAY INSURER C:The Travelers Indemnity Company 25658 W BUFFALO GROVE,IL 60089-4513 INSURER D: r— O INSURER E, INSURER F: E COVERAGES CERTIFICATE NUMBER: NYC-011206328-05 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERICI Q INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; 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. -Z3 INSR ADDL SUBR POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYYMM/DD/YYYY TYPE OF INSURANCE LIMITS m A X COMMERCIAL GENERAL LIABILITY GLD1110114 10/01/2022 10/01/2023 EACH OCCURRENCE $ 1,000DAMAGE TO TED CLAIMS-MADE � OCCUR PREMISES (E.occurrence) lccurrrence) $ 1,000 d MED EXP(Any one person) $ 100 PERSONAL&ADV INJURY $ 1,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000 PRO- V POLICY JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ M B AUTOMOBILE LIABILITY TC2J-CAP-7440L34A-TIL-22 10/01/2022 10/01/2023 COMBINED SINGLE LIMIT g 2000 Ea accident , v X ANY AUTO BODILY INJURY(Per person) $ X OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ N UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ S DED RETENTION$ $ C B WORKERS COMPENSATION UB-8P83929A-22-51-K(AOS) 10/01/2022 10/01/2023 X PER OTH- N AND EMPLOYERS'LIABILITY C Y/N UB-8P79233A-22-51-R(AZ,MA,WI) 10/0112022 10/0112023 STATUTE ER 1,000 to ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ B OFFICER/MEMBER EXCLUDED? N/A El TWXJUB-7440L338-TIL-22 OH 10/0112022 10/0112023 U) (Mandatory in NH) ( ) E.L.DISEASE-EA EMPLOYEE $ 1,000 If yes,describe under """""""$500K LIMIT/$500K SIR""""""" 1,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A PROFESSIONAL LIABILITY EOD5618803 10/01/2022 10/01/2121 4,00( d E 'Deductible:$1,000,000' L DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Q RE:CITY OF KENT BAS MIGRATION PROJECT-2600146060. to N v SEE ATTACHED it N N 06 to O CERTIFICATE HOLDER CANCELLATION O t9 CITY OF KENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI 2204TH AVENUE S. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II N KENT,WA 98032 ACCORDANCE WITH THE POLICY PROVISIONS. V r AUTHORIZED REPRESENTATIVE of Marsh USA Inc Q ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 47 AGENCY CUSTOMER ID: CN102147003 LOC#: Morristown ACOOR o ADDITIONAL REMARKS SCHEDULE Page 2 of AGENCY NAMED INSURED a+ MARSH USA,INC. SIEMENS INDUSTRY,INC. v 1000 DEERFIELD PARKWAY •) POLICY NUMBER BUFFALO GROVE,IL 60089-4513 i a c CARRIER NAIC CODE G EFFECTIVE DATE: i i� ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, E FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance N c RE:CITY OF KENT BAS MIGRATION PROJECT-2600146060. O r t9 CITY OF KENT IS HEREBY ADDITIONAL INSURED AS OBLIGATED UNDER CONTRACT UNDER THE REFERENCED GENERAL LIABILITY AND AUTOMOBILE LIABILITY INSURANCE POLICIES. E O 3 SUCH INSURANCE AS IS AFFORDED BY THE ADDITIONAL INSURED ENDORSEMENT SHALL APPLY AS PRIMARY INSURANCE&OTHER INSURANCE MAINTAINED BY THE CERTIFICATE HOLDER Q SHALL BE EXCESS ONLY&NOT CONTRIBUTING WITH INSURANCE PROVIDED UNDER THIS POLICY. s� C WAIVER OF SUBROGATION IS EFFECTUAL WHERE REQUIRED BY WRITTEN CONTRACT. m COMPLETED OPERATIONS COVERAGE IS INCLUDED IN THE GENERAL LIABILITY POLICY. ++ C d PER PROJECT AGGREGATE APPLIES. Y O IF THESE POLICIES ARE CANCELLED FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM,THE INSURER WILL DELIVER NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER UP r TO 60 DAYS PRIOR TO THE CANCELLATION OR AS REQUIRED BY WRITTEN CONTRACT,WHICHEVER IS LESS. V M M V C fn 7 C rn C N E d U) I r C d E N N L Im Q a) V it 06 O ,O V E V Q ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 48 4.C.a COMMERCIAL AUTO POLICY NUMBER: TC2J-CAP-744oL34A-TIL-22 ISSUE DATE: 08-29-22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. U A) DESIGNATED INSURED FOR L a COVERED AUTOS LIABILITY COVERAGE o L C This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM Cn MOTOR CARRIER COVERAGE FORM 0 With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. E 0 This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage Q under the Who Is An Insured provision of the Coverage Farm. This endorsement does not alter coverage pro- vided in the Coverage Form. SCHEDULE 3 Name Of Person(s)Or Organization(s): m m ANY PERSON OR ORGANIZATION WHOM YOU HAVE Y AGREED TO ADD AS ADDITIONAL INSURED, BUT 0 ONLY TO COVERAGE AND MINIMUM LIMITS REQUIRED IN A WRITTEN CONTRACT V M M V C N 7 C N C N E d U) Information required to complete this Schedule, if not shown above, will be shown in the Declarations. i r c Each person or organization shown in the Schedule is ered Autos Liability Coverage in the Business Auto E an "insured" for Covered Autos Liability Coverage, but and Motor Carrier Coverage Forms and Paragraph only to the extent that person or organization qualifies D.2. of Section I - Covered Autos Coverages of the a, as an "insured" under the Who Is An Insured provi- Auto Dealers Coverage Form. Q sion contained in Paragraph A.1. of Section II - Cov- it N N 06 0 13 O 0 C N E t v co r r Q CA 20 48 10 13 Q Insurance Services Office, Inc., 2011 Page 1 of 1 Packet Pg. 49 POLICY NUMBER: TC2J—CAP-744OL34A—TIL-22 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. U a� BLANKET WAIVER OF SUBROGATION L a c 0 :r This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM E MOTOR CARRIER COVERAGE FORM N The following replaces Paragraph A.5., Transfer of required of you by a written contract executed c Rights Of Recovery Against Others To Us. of the prior to any "accident" or "loss", provided that the CONDITIONS Section: "accident" or "loss" arises out of the operations 5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap- o ers To Us plies only to the person or organization desig- ' We waive any right of recovery we may have nated in such contract. a c against any person or organization to the extent .3 m r c m Y 0 r U M M V C to 7 C N C N E d (n I r C d E N N L Q V it 06 0 ,0 V E V Q CA T3 40 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Packet Pg. 50 4.C.a POLICY NUMBER: GLD11101-14 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 r WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART aEi PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART N SCHEDULE 0 r Name Of Person OrOrganization: E 0 ANY PERSON OR ORGANIZATION TO THE EXTENT REQUIRED BY WRITTEN CONTRACT Q a� c Information required to complete this Schedule, if not shown above, will be shown in the ❑ecla ratio ns. 3 m r The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Y Section IV—Conditions: 0 We waive any right of recovery we may have against v the person or organization shown in the Schedule above because of payments we make for injury or M damage arising out of your ongoing operations or M "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies S only to the person or organization shown in the Schedule above. c c m E m i� r c m E a� a� L Q V it 06 0 ,0 V E V Q CG 24 04 05 09 © Insurance Services Office, Inc.,2008 Packet Pg. 51 r 4.C.a A7' "! RAV';ELERS WORKERS COMPENSATION AND �, EMPLOYERS LIABILITY POLICY 0 L ENDORSEMENT WC 00 03 13 (00)- 0 :r POLICY NUMBER: UB-8P83929A-22-51-x a� E a� WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Cn 0 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not R enforce our right against the person or organization named in the Schedule. (This agreement applies only to the c extent that you perform work under a written contract that requires you to obtain this agreement from us.) Q This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE .3 m DESIGNATED PERSON: Y 0 r U M M V C N 7 C DESIGNATED ORGANIZATION: E im i r c m E a� a� L ANY PERSON OR ORGANIZATION FOR WHICH THE Q INSURED HAS AGREED BY WRITTEN CONTRACT N EXECUTED PRIOR TO LOSS TO FURNISH THIS v WAIVER. it N N 06 O 0 0 C N E t v co r r Q DATE OF ISSUE: 08-29-22 ST ASSIGN: Packet Pg. 52 4.C.a POLICY NUMBER:GLD11101-14 COMMERCIAL GENERAL LIABILITY CG 20 10 11 85 r THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY. 0 L a ADDITIONAL INSURED - OWNERS, LESSEESOR 0 CONTRACTORS -- {FORM B} This endorsement modifies insurance provided under thefollowing: E a� r COMMERCIAL GENERAL LIABILITY COVERAGE PART. Cn SCHEDULE r Name of Person or Organization: E 0 Any Person or Organization Required by a Written Contract Q a� c (If no entry appears above, information required to complete this endorsement will be shown in the Declarations =a as applicable to this endorsement.) m r WHO IS AN INSRE❑ (Section II} is amended to include as an insured the person ❑r organization shown in the Y U Schedule, but only with respect to liability arising out of"your work"for that insured by or for you. 0 It is agreed that this insurance maintained pursuant to the written contract agreements shall be primary to,and r not contribute with any insurance or self-insurance maintained by the above, but only with respect to work L) performed by or on behalf of the Named Insured. M M V C N 7 C N C N E d U) I r C d E N N L Q V it 06 0 13 0 ,0 V E V Q CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 Q Packet Pg. 53 4.C.a POLICY NUMBER: GLD11101-14 IL SU 4004(10-10) r HDI GLOBAL INSURANCE COMPANY 0 L THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. a c 0 :r NOTICE OF CANCELLATION AMENDMENT E Cn 0 r SCHEDULE E 0 Name,Address and E-Ma il Address of Other a Person(s)10rganization(s): Number of Days Notice: .3 Per schedule on file with the Company. 60 Days, or as required by contract, m whichever is less Y 0 r (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as C) applicable to thisendorsement.) M M I. If we cancel this policy by notice to you for any statutorily permitted reason other than nonpayment of premium, we shall endeavor to mail, e-mail or deliver a copy of such written notice of cancellation to the person(s) or ❑rganization(s)shown in the Sch ed u le a bove. II. A copy of the notice, per paragraph I.above, will be mailed, e-mailed or delivered: y 0 1. To the appropriate addresses corresponding to the persons)or❑rganization(s)shown in the Schedule above; and cN c 2. The number of days required for notice of cancellation, as provided in paragraph A.2.of the Common Policy m Conditions or as amended by an applicable state cancellation endorsement or by the date as shown in the m Schedule above. III. Our failure to provide such advance notification to the persons) or organizations) shown in the Schedule of this endorsement will not extend any policy cancellation date nor negate any cancellation of the policy. m E a� a� L Q All other terms and conditions of this policy remain unchanged. it a� 06 0 13 0 0 t9 c a� E ca a Page 1 of 1 IL SU 4004(10-10) Packet Pg. 54 4.C.a POLICY NUMBER: GLD11101-13 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 r THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 0 L DESIGNATED CONSTRUCTION PROJECT(S) 0 GENERAL AGGREGATE LIMIT L C E This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART o r R SCHEDULE c a Designated Construction Project(s): All construction projects as required by written contract or written agreement. m r c m Y 4- 0 r U M M V C Information required to complete this Schedule, if not shown above, will be shown in the Declarations. y 0 c A. For all sums which the insured becomes legally b. Claims made or"suits" brought; or N obligated to pay as damages caused by "occur- c. Persons or organizations making claims or m rences" under Section I-Coverage A, and for all bringing "suits". medical expenses caused by accidents under m Section I - Coverage C, which can be attributed � only to ongoing operations at a single designated construction project shown in the Schedule above: a� a� 1. A separate Designated Construction Project a, General Aggregate Limit applies to each des- Q ignated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. it 2. The Designated Construction Project General N Aggregate Limit is the most we will pay for the N sum of all damages under Coverage A, ex- 0 cept damages because of "bodily injury" or 0 "property damage" included in the "products- completed operations hazard", and for medi- r- cal expenses under Coverage C regardless of E the number of: a. Insureds; f° Q CG 25 03 05 09 0 Insurance Services Office, Inc., 2008 Packet Pg. 55 4.C.a 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Con- o struction Project General Aggregate Limit for a that designated construction project. Such payments shall not reduce the General Ag- 0 gregate Limit shown in the Declarations nor L shall they reduce any other Designated Con- struction Project General Aggregate Limit for 2 any other designated construction project E shown in the Schedule above. N 4. The limits shown in the Declarations for Each (n Occurrence, Damage To Premises Rented To r_ You and Medical Expense continue to apply. However, instead of being subject to the E General Aggregate Limit shown in the Decla- rations, such limits will be subject to the appli- cable Designated Construction Project Gen- a� eral Aggregate Limit. .3 m r c m Y 0 r U M M V C N 7 C N C N d U) I r C d E N N L Q V it 06 0 ,0 V l� V Q Page 2 0f 3 0 Insurance Services Office, Inc., 2008 Cr' Packet Pg. 56 4.C.a B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "occur- "products-completed operations hazard" is pro- U rences" under Section I—Coverage A, and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "property damage" included in a Section I — Coverage C, which cannot be at- the "products-completed operations hazard" will tributed only to ongoing operations at a single reduce the Products-completed Operations Ag- 0 designated construction project shown in the gregate Limit, and not reduce the General Ag- L Schedule above: gregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. 2 damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized contract- (n Products-completed Operations Aggregate ing parties deviate from plans, blueprints, de- r_ Limit, whichever is applicable; and signs, specifications or timetables, the project will 2. Such payments shall not reduce any ❑esig- still be deemed to be the same construction pro- E nated Construction Project General Aggre- ject. gate Limit. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. .3 m r c m Y 0 r U M M V C N 7 C N C N d U) I r C d E N N L Q V it 06 0 ,0 V I� V Q CG 25 03 05 09 0 Insurance Services Office, Inc., 2008 Packet Pg. 57 4.C.a r U (1) O L. IL c O w L C E U) r_ O E O Q m T Y 4- 0 U M M V C L E vJ Q� L Q V L U) W O ,O V r V R Q Packet Pg. 58 4.C.b CITY OF KENT PARKS, RECREATION &COMMUNITY SERVICES PARKS AND OPEN SPACE Garin Lee, Operations Superintendent * 220 4th Avenue South K E IV'T' Kent, WA 98032 W A S H I N G T O N Fax: 253-856-6120 PHONE: 253-856-5131 j d To: Dana Ralph, Mayor o IL From: Will Moore, Facilities Superintendent `o CC: Brian Levenhagen — Deputy Director, Parks, Julie Parascondola — L Director, Parks Date: 12/20/22 E r Re: Siemens Industry, Inc. Building Automation Software Upgrade 0 :r 0 Memo 0 a 0 For over 20 years the City of Kent has used Siemens Insight software to control the HVAC .3 systems throughout the city. This software is a critical system for the operations and allows m us to control, monitor and make changes to the HVAC systems for almost all city facilities. Y w In addition to the software, there is corresponding Siemens hardware installed throughout all the buildings. M M The software lives on a server (Microsoft 2012 R2) maintained by the IT department and o E due to the age of both the software and server, it's time to upgrade from both a functional and security standpoint. From the Facilities side, the software is outdated, and we need to bring the interface and operations to the current version and from the IT side we need to a� update the server it lives on from a security standpoint. In addition, in October of 2023, L Microsoft is going to stop supporting the current server which is an additional layer of concern for the system. E 2 The City of Kent is also already under contract with Siemens for maintenance of the current N c system. This is important to note because this how we ensure our systems and controls E stay calibrated and help us maximize energy efficiency of the system with the automated controls. This includes on-site visits for controls repairs and working with the HVAC team in a addition to remote support. Packet Pg. 59 4.C.b KCC 3.70.110(A) allows the Mayor to waive the bidding requirements for the purchase of goods, materials, equipment, or services that are not part of a public work upon a finding that the bidding requirements would otherwise not be practicable or in the City's best 2 interests under the circumstances. o a c 0 Therefore, I believe it is in the City's best interest to directly negotiate a services agreement with Siemens and request that you authorize the waiver of the competitive M E bidding requirements. y Cn r- Thank you for your consideration. E 0 APPROVED: a a� c 1 =a m r Mayor Djana Ralph Date a Y 4- 0 U M M O E d L CU L E 2 N r E V Q • Page 2 Packet Pg. 60 4.D PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE Parks Director 220 Fourth Avenue South KENT Kent, WA 98032 W A S H i N G T O N 253-856-5100 DATE: February 2, 2023 TO: Parks and Human Services Committee SUBJECT: Amendment to Interlocal Agreement with King County to Accept Funds from King County Conservation Futures for the Ruth Property Acquisition Motion: I move to accept the grant funds in the amount of $2,000,000 from the King County Conservation Futures Fund for the Ruth Property acquisition, authorize the Mayor to establish a budget for expenditure of the funds and sign the amendment with King County subject to terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: King County Conservation Futures Tax (CFT) levy funds are allocated throughout King County as a dedicated portion of property taxes for the acquisition of open space and natural resources lands. The Conservation Futures Citizens Committee makes funding recommendations to the King County Executive annually for funds to be distributed to cities and other entities through interlocal cooperation agreements. In 2022, Park staff applied for funding from the King County Conservation Futures Tax to assist with the Ruth Property acquisition. Through the Conservation Futures Tax, the City can apply for grant funding for half of the acquisition cost. During 2022, we were awarded $2,000,000 from King County Conservation Futures Tax Levy. BUDGET IMPACT: SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: Packet Pg. 61 4.D 1. Interlocal Agreement Amendment #1 (DOCX) Packet Pg. 62 4.D.a AMENDMENT TO THE CONSERVATION FUTURES o INTERLOCAL COOPERATION AGREEMENT y BETWEEN KING COUNTY AND THE CITY OF KENT FOR OPEN SPACE ACQUISITION PROJECTS Q Preamble a 0 L a The King County Council, through Ordinance 9128, has established a Conservation Futures Levy Fund and appropriated proceeds to King County and certain cities. This amendment is entered into to provide for the allocation of additional proceeds made available for open space acquisition. a� E THIS AMENDMENT is entered into between the CITY OF KENT and KING c COUNTY, and amends and attaches to and is part thereof of the existing Interlocal E Cooperation Agreement entered into between the parties on the 5th day of May, 2022. c The parties agree to the following amendment: 0 The Interlocal Cooperation Agreement is hereby amended by adding Exhibit 1, attached Y hereto. 3 In all other respects, the terms, conditions, duties and obligations of both parties shall remain the same as agreed to in the Interlocal Cooperation Agreement as previously amended. L a Once fully executed, this Amendment shall be incorporated into the existing Interlocal c Cooperation Agreement as if fully set forth, and shall become Amendment 1. c IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed Ln their names in the spaces set forth below: M KING COUNTY CITY OF KENT c d E Dow Constantine Dana Ralph King County Executive Mayor E Q c Date: Date: E m as L Approved as to form: Approved as to form: a 0 L C Leesa Manion Tammy White King County Prosecuting Attorney City Attorney E Amendment 1 Page l a Kent-King County Interlocal Cooperation Agreement Packet Pg. 63 4.D.a EXHIBIT 1 0 .y 2023 CONSERVATION FUTURES LEVY PROCEEDS CITY OF KENT ALLOCATION Q as Jurisdiction Project Name Allocation o a Kent Clark Lake Park—Ruth $2,000,000 Acquisition L 0 TOTAL $2,000,000 E c as E Project Description: Q c Project# 1141757 (Award #1143657): Kent—Clark Lake Park Ruth—Acquisition 'o The City of Kent seeks to acquire some of the last private inholdings at Clark Lake Park, a, toward a long-term goal of acquiring 140 contiguous acres in this passive use park. This Y year, the city proposes to purchase two parcels comprising 15.5 acres that include meadows and lake frontage on the south side of Clark Lake. This project will allow a trail 3 that circumnavigates the lake, and allow restoration to improve water quality for lake outflows, which support Coho salmon habitat downstream. Project funding was E authorized in King County Ordinance 19546. Q Is this a Bond-financed Project? Yes 0 L d Ln M M r C d E C d E Q C 0 E d N L Q V O L C E M V Amendment 1 Page 2 Q Kent-King County Interlocal Cooperation Agreement Packet Pg. 64