HomeMy WebLinkAboutCity Council Committees - Committee of the Whole - 01/16/2024 KENT CITY COUNCIL
• COMMITTEE OF THE WHOLE
KENT Tuesday, January 16, 2024
W A S H IN G T O N
4:00 PM
Chambers
A live broadcast is available on Kent TV21,
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www.youtube.com/user/KentTV21
To listen to this meeting, dial
1-888-475-4499 or1-877-853-5257
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Passcode: 636217
Join the meeting
Mayor Dana Ralph
Council President Bill Boyce
Councilmember John Boyd Councilmember Marli Larimer
Councilmember Brenda Fincher Councilmember Zandria Michaud
Councilmember Satwinder Kaur Councilmember Toni Troutner
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Item Description Action Speaker Time
1. CALL TO ORDER
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. DEPARTMENT PRESENTATIONS
Operations—Council President Boyce, Subject Matter Chair
A. Approval of Minutes YES
Committee of the Whole - Committee of the Whole - Regular Meeting - Dec
12, 2023 4:00 PM
B. Payment of Bills - Approve YES Paula Painter 01 MIN.
C. Second Amendment to License YES Tim Higgins
Committee of the Whole Committee of the Whole - January 16, 2024
Regular Meeting
Agreement with Thunderbird
Hockey Enterprises, LLC -
Authorize
D. INFO ONLY: November 2023 NO Michelle Ferguson 10 MIN.
Financial Report
Economic and Community Development-Councilmember Troutner, Subject
Matter Chair
E. Consultant Contract Amendment YES Kristen Holdsworth 10 MIN.
for 2024 Comprehensive Plan
Update - Authorize
Parks-Councilmember Michaud, Subject Matter Chair
F. INFO ONLY: Kiwanis 4 Tot Lot NO Kerry O'Connor 10 MIN.
Playground Renovation
G. Kherson Property Purchase - YES Brian Levenhagen 10 MIN.
Authorize
Public Works-Councilmember Fincher, Subject Matter Chair
H. Grant Acceptance from King YES Christina Neff 05 MIN.
County Parks Levy Grant
Program - Boeing Rock
Recreation/Habitat Enhancement
- Authorize
I. Grant Acceptance from Salmon YES Christina Neff 05 MIN.
Recovery Funding Board - Boeing
Rock Recreation/Habitat
Enhancement - Authorize
J. Grant Acceptance - Commute YES Rob Brown 05 MIN.
Trip Reduction Program -
Authorize
K. Goods & Servvices Agreement YES Tony Donati 05 MIN.
with Olympic Environmental
Resources, Inc - Authorize
L. Grant Acceptance - Department YES Laura Haren 05 MIN.
of Ecology NPDES Capacity -
Authorize
M. 2024 Sub-Regional Opportunity YES Melissa Dahl 05 MIN.
Fund - Earthworks Canyon
Sediment Pond Culvert
Replacement - Authorize
N. Termination of Easements and YES Cheryl Rolcik-Wilcox 05 MIN.
Committee of the Whole Committee of the Whole - January 16, 2024
Regular Meeting
Acceptance of New Water Utility
Easements - Authorize
O. Puget Sound Regional Council's YES David Paine 10 MIN.
Transportation Alternatives Grant
for the Meet Me on Meeker -
Washington to Thompson -
Authorize
5. ADJOURNMENT
Unless otherwise noted,Council will hold Committee of the Whole at 4 p.m. on the first and third Tuesday of
each month.
Public Comment may be submitted in writing to the City Clerk at the meeting,which will be distributed to
each councilmember and admitted into the record, but will not be read aloud at the meeting. In order to
be admitted into the record,written comments shall be submitted not less than three hours prior to the start
of the Committee of the Whole meeting to Citvclerk@kentwa.aov, unless a person appears in-person,in
which case,the written comments will be handed to the City Clerk and will be admitted into the record of
the Committee of the Whole meeting.
For additional information, please contact Kimberley A. Komoto,City Clerk at 253-856-5725,or
email CityClerk@kentwa.gov.
Any person requiring a disability accommodation should contact the City Clerk at 253-856-5725 in advance
of the meeting. For TDD relay service, call Washington Telecommunications Relay Services at 7-1-1.
Pending Approval
Kent City Council - Committee
• of the Whole
KENT Committee of the Whole -
WAS M IN G 7 0 N
Regular Meeting
Minutes
December 12, 2023
Date: December 12, 2023
Time: 4:00 p.m.
Place: Chambers
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1. CALL TO ORDER
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Council President Boyce called the meeting to order. o
2. ROLL CALL °
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Attendee Name Title Status Arrived a
Bill Boyce Council President Present
Brenda Fincher Councilmember Present a
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Satwinder Kaur Councilmember Late R
Marli Larimer Councilmember Present N
Zandria Michaud Councilmember Present N
Les Thomas Councilmember Present CSF
Toni Troutner Councilmember Present
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3. AGENDA APPROVAL ,°�
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A. I move to approve the agenda as presented.
ER SULT: MOTION PASSES [UNANIMOUS]
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Larimer, Michaud, Thomas, Troutner a
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4. DEPARTMENT PRESENTATIONS
1. Approval of Minutes YES
i. Committee of the Whole - Committee of the Whole - Regular Meeting -
Nov 21, 2023 4:00 PM
Packet Pg. 4
Kent City Council - Committee of the Whole December 12, 2023
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
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RESULT: APPROVED [UNANIMOUS]
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Larimer, Michaud, Thomas, Troutner
2. Payment of Bills - Approve
MOTION: I move to approve the payment of bills.
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RESULT: MOTION PASSES [UNANIMOUS] Next: 1/16/2024 7:00 PM
MOVER: Les Thomas, Councilmember
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SECONDER: Toni Troutner, Councilmember 0
AYES: Boyce, Fincher, Larimer, Michaud, Thomas, Troutner o
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3. INFO ONLY: November 2023 Monthly Financial Report Q
Financial Planning Manager, Michelle Ferguson presented the October 2023
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Monthly Financial Report and advised the expected income is coming in over o
budget.
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Utility taxes are coming in strong, except cable and utility taxes that are N
estimated to come in $20-$25k under budget. Ferguson explained that the
Solid Waste Utility Fund increase is due to a prior approved recycling grant.
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Ferguson talked about the issues with the insurance funds.
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4. Consolidating Budget Adjustment Ordinance for Adjustments
between October 1, 2023 and November 30, 2023 - Adopt
Ferguson reviewed previously approved expenditures totaling $7,700,990
and other changes totaling $2,011,120. a
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Budget changes pending approval total $22,826,050. Ferguson responded to a
questions about the increase to the Golf Legal Services fund that are related
to the Half Lion bankruptcy.
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Ferguson also explained the expenses related to the City's contract with King
County for Animal Control services.
MOTION: I move to adopt Ordinance No. 4481, consolidating
budget adjustments made between October 1, 2023 and
November 30, 2023, reflecting an overall budget increase of
$30,527,040.
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Kent City Council - Committee of the Whole December 12, 2023
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
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RESULT: MOTION PASSES [UNANIMOUS] Next: 12/12/2023 7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Larimer, Michaud, Thomas, Troutner
5. Carahsoft Technology Federal General Services Administration
Supply Contract - Authorize
Deputy Information Technology Director, Tara Duckworth presented
information on the Carahsoft Technology Federal General Services
Administration Supply Contract.
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MOTION: I move to authorize the IT Director to purchase °
through the General Services Administration federal supply o
contract with Carahsoft Technology Corporation, if those a
purchases fall within established budgets and are made within g
the term of the contract, which is in effect through August 21,
2028, or any extended contract term that may be authorized. a
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RESULT: MOTION PASSES [UNANIMOUS] Next: 1/16/2024 7:00 PM M
MOVER: Les Thomas, Councilmember N
SECONDER: Toni Troutner, Councilmember N
AYES: Boyce, Fincher, Larimer, Michaud, Thomas, Troutner
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6. Cooperative Purchasing Agreement with Justice Systems
Corporation - Authorize
Project Management Office Manager, Brian Rambonga presented details on
the Cooperative Purchasing Agreement with Justice Systems Corporation.
MOTION: I move to authorize the IT Director to purchase 2
through a cooperative purchasing agreement the state
Department of Enterprise Services has with Justice Systems a
Corporation through July 31, 2028, and any extended contract
term that may be authorized, if those purchases are within the
City's established budgets.
RESULT: MOTION PASSES [UNANIMOUS] Next: 1/16/2024 7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Larimer, Michaud, Thomas, Troutner
7. Contract with Dimensional Communications, Inc. for Court
Audio and Video - Authorize
Rambonga presented information on the contract with Dimensional
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Page 3 of 10 Packet Pg. 6
Kent City Council - Committee of the Whole December 12, 2023
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
Communications, Inc. for Court audio and video.
MOTION: I move to authorize the Mayor to sign a contract with
Dimensional Communications, Inc. subject to final terms
acceptable to the IT Director and City Attorney.
RESULT: MOTION PASSES [UNANIMOUS] Next: 12/12/2023 7:00 PM1
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Larimer, Michaud, Thomas, Troutner 2
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8. Ordinance Amending Chapter 9.02 "Criminal Code" of the Kent 4-
City Code - Adopt 0
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Assistant City Attorney, Victoria Robben presented information on the 0
Ordinance Amending the Kent City Code 9.02.020. Q
During its 2023 session, the state Legislature adopted a number of new laws
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which establish new crimes. It is therefore appropriate to amend the Kent o
City Code to incorporate them locally. Through Kent City Code ("KCC")
9.02.020, the City has adopted nearly all misdemeanors, gross N
misdemeanors, and Class C felonies contained in the Revised Code of N
Washington ("RCW"). However, to provide clarity as to new crimes that didn't Cq
previously exist, the KCC must be amended to specifically include new state
law provisions.
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Additionally, in preparing this ordinance, staff compared Ch. 9.02 KCC with .2
the RCW to update the KCC to reflect changes that have been made over
time to the RCW titles, and to add Class C felony crimes that were not
specifically listed in the KCC. References to repealed sections of the RCW
have also been removed.
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MOTION: I move to adopt Ordinance No. 4482, amending
Chapter 9.02 of the Kent City Code to incorporate new crimes a
adopted by the state during the 2023 legislative session. 2
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RESULT: MOTION PASSES [UNANIMOUS] Next: 1/16/2024 7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Larimer, Michaud, Thomas, Troutner
9. Agreement with RH2 Engineering for the Linda Heights Pump
Station Project - Authorize
Public Works Design Engineer, Thomas Leyrer provided an overview of the
Amendment with RH2 Engineering for the completion of the design of the
new pump station which will allow construction to occur in 2024. This cost of
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Page 4 of 10 Packet Pg. 7
Kent City Council - Committee of the Whole December 12, 2023
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
this amendment is $70,279 which will increase the overall contract amount
to $398,779.
MOTION: I move to authorize the Mayor to sign Amendment
No. 12 to the Consultant Services Agreement with RH2
Engineering, for the Linda Heights Pump Station project,
subject to final terms and conditions acceptable to the Public
Works Director and City Attorney.
RESULT: MOTION PASSES [UNANIMOUS] Next: 12/12/2023 7:00 PM
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MOVER: Brenda Fincher, Councilmember
SECONDER: Bill Boyce, Council President
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AYES: Boyce, Fincher, Larimer, Michaud, Thomas, Troutner 0
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10. 108th Avenue SE and 264th Street Compact Roundabout — a
Additional Grant Funds - Authorize Q
Engineer, Mark Madfai provided information on the 108' Avenue and 2641"
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Street Compact Roundabout Project. In June of this year, since the project o
was construction ready, WSDOT offered additional funding of $709,000. The
additional funds will help cover the local match and increased construction N
costs from the original scoping estimate. The project is anticipated to be N
completed in Summer 2024. Cq
MOTION: I move to authorize the Mayor to accept additional o
grant funds for the 108th Avenue SE and 264th Street Compact -
Roundabout Project in the amount of $709,000, amend the a
budget, authorize the expenditure of funds, and authorize the
Mayor to sign all necessary documents, subject to final terms
and conditions acceptable to the City Attorney and Public
Works Director. c
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RESULT: MOTION PASSES [UNANIMOUS] Next: 12/12/2023 7:00 PM
MOVER: Brenda Fincher, Councilmember Q
SECONDER: Bill Boyce, Council President 2
AYES: Boyce, Fincher, Larimer, Michaud, Thomas, Troutner
11. South 224th Street Corridor Phase 3 - PSE Schedule 74
Agreement - Authorize
Madfai conveyed that to complete the project, existing overhead utilities
need to be relocated underground in accordance with the City's utility
undergrounding ordinance. Undergrounding of PSE power facilities will be
included as part of the project, communication companies will be
undergrounding their facilities independently and in advance of the project.
The Schedule 74 Agreement identifies that PSE will be responsible for 60% of
the costs to underground its utility, while the City is responsible for 40% of
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Page 5 of 10 Packet Pg. 8
Kent City Council - Committee of the Whole December 12, 2023
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
the costs; exclusive of trenching, backfill and restoration, which are paid for
by the City. The total cost to underground PSE's facilities is $1,309,390.07.
The City's 40% share of this cost is $368,135.63, and after deducting for the
value of the duct and vault the City is supplying for PSE's facilities, the
amount due PSE by the City is $134,705.03.
MOTION: I move to authorize the Mayor to sign the PSE
Schedule 74 Construction Agreement for the South 224th
Street Corridor Phase 3 project, subject to final terms and
conditions acceptable to the Public Works Director and City
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Attorney.
RESULT: MOTION PASSES [UNANIMOUS] Next: 12/12/2023 7:00 PM 0
MOVER: Brenda Fincher, Councilmember
SECONDER: Bill Boyce, Council President 0.
AYES: Boyce, Fincher, Larimer, Michaud, Thomas, Troutner Q
12. South 224th Street Corridor Phase 3 - Temporary Pole a
Relocation PSE Reimbursement Agreement - Authorize
Madfai advised the South 224th Street Corridor Phase 3 project will widen N
the corridor from 94th Place South to 99th Avenue South. The work includes N
a new turn lane, widened shoulders, curbs, gutters, sidewalks and planter Cq
strips, and will include a roundabout at the intersection of 98th Avenue South
and South 216th Street.
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PSE overhead power lines will be placed underground as part of this project. .2
The existing overhead system must remain in place until all customers have
converted to the underground system. Existing poles are in conflict with
proposed underground utility work; therefore poles must be moved
temporarily for completion of the utility relocation. Temporary poles will allow 2
for completion of the neighboring work while providing service to neighbors
of the project. a
The cost due to PSE by the City for PSE to temporarily relocate its poles is
$147,180.
MOTION: I move to authorize the Mayor to sign a
Reimbursement Agreement with PSE for the South 224th Street
Corridor Phase 3 project, subject to final terms and conditions
acceptable to the Public Works Director and City Attorney.
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Kent City Council - Committee of the Whole December 12, 2023
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
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RESULT: MOTION PASSES [UNANIMOUS] Next: 12/12/2023 7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Bill Boyce, Council President
AYES: Boyce, Fincher, Larimer, Michaud, Thomas, Troutner
13. South 224th Sreet Corridor Phase 3 - Lumen Reimbursement
Agreement - Authorize
Madfai advised the South 224th Street Phase 3 project will consist of
widening the corridor from 94th Place South to 99th Avenue South and will
include a new turn lane, widened shoulders, curbs, gutters, sidewalks and
planter strips and will include a roundabout at the intersection of 98th 0
Avenue South and South 216th Street.
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Qwest Corporation (aka "Lumen"), PSE, and Comcast have overhead lines a
that will be placed underground as part of this project. The existing overhead
system must remain until all customers have converted to the underground a
system. Because the existing poles will conflict with project construction, o
they will be moved temporarily until customers convert to underground
service and the poles are removed. N
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Under RCW 35.99.060(3)(b), Lumen may seek reimbursement from the CityCq
for the additional incremental cost of aerial to underground relocation
compared to aerial to aerial relocation if Lumen is a service provider with an 4-
ownership share in the aerial supporting structures within the area of
relocation. Lumen does have an ownership share of the overhead system on
this project.
This agreement reimburses Lumen in the amount of $128,485.52 for the
incremental costs for underground conversion as well as the costs for the a
temporary relocation of its facilities.
MOTION: I move to authorize the Mayor to sign the a
Reimbursement Agreement with Qwest Corporation, subject to
final terms and conditions acceptable to the Public Works
Director and City Attorney.
RESULT: MOTION PASSES [UNANIMOUS] Next: 12/12/2023 7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Zandria Michaud, Councilmember
AYES: Boyce, Fincher, Larimer, Michaud, Thomas, Troutner
14. Mill Creek at 76th Avenue Souh Culvert Improvements Project -
King County Wastewater Treatment Division Reimbursement
Agreement - Authorize
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Page 7 of 10 Packet Pg. 10
Kent City Council - Committee of the Whole December 12, 2023
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
Madfai advised the Mill Creek at 76t" Avenue South Culvert Improvements
project will enhance the Mill Creek channel by replacing culverts, installing
vegetation and raising 76th Avenue South above the FEMA base flood
elevation.
The King County Wastewater Treatment Division (KCWTD) owns and
operates a sanitary sewer trunk line under the roadway within City right-of-
way. At the request of the KCWTD, the City is installing light weight fill
material within the roadway embankment to limit potential settlement of the
sewer line. KCWTD will reimburse the City for the cost of the lightweight fill
per the terms of the agreement. The Agreement authorizes a maximum
reimbursement amount to the City of $1.5 million. -
MOTION: I Move to authorize the Mayor to sign a
reimbursement agreement with the King County Wastewater 0
Treatment Division for the Mill Creek at 76th Avenue South a
Culvert Improvements project, subject to final terms and g
conditions acceptable to the City Attorney and Public Works a
Director. c
RESULT: MOTION PASSES [UNANIMOUS] Next: 12/12/2023 7:00 PM N
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MOVER: Brenda Fincher, Councilmember N
SECONDER: Marli Larimer, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner o
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15. Transportartion Improvement Board Grant for the 76th Avenue
South (South Phase) Project - Authorize
Madfai conveyed that the Transportation Improvement Board (TIB) issues a
merit-based project selection process as part of the Urban Arterials Program
each year.
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In August 2023, the City applied to TIB for funds to construct the south a
phase of improvements on 76th Avenue South and was recently awarded a
grant in the amount of $3 million. The project will raise the south and final ;
segment of the 76th Avenue corridor above the 100-year flood elevation. The
project extends sidewalks buffered from the roadway by planters, and
bikeable shoulders. The project will replace the existing asphalt pavement
with concrete and construct drainage facilities. The project makes
improvements across multiple transportation modes and better
accommodates environmental conditions increasing resiliency for each.
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Kent City Council - Committee of the Whole December 12, 2023
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
MOTION: I move to authorize the Mayor to accept grant funds
from the Transportation Improvement Board for the 76th
Avenue South (South Phase) Project, amend the budget,
authorize expenditure of the grant funds, and authorize the
Mayor to sign all necessary documents, subject to final terms
and conditions acceptable to the City Attorney and Public
Works Director.
RESULT: MOTION PASSES [UNANIMOUS] Next: 12/12/2023 7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner o
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16. Transportation Improvement Board Urban Active Q.
Transportation Grant - Authorize Q
Transportation Engineering Manager, Rob Brown advised the Transportation
Improvement Board (TIB) sends out a call for projects with funds available a
through the Urban Active Transportation Program (UATP). The UATP program
supports projects that improve pedestrian and cyclist safety, mobility, and M
connectivity. N
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In August 2023, the City applied to TIB UATP funds to purchase equipment
for the installation of rapid rectangular flashing beacons (RRFBs) at five o
locations throughout the City. Flashing beacon equipment will be installed by o
City staff.
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The five locations are:
1. Military Rd as South 248th Street
2. 23200 block of 116th Avenue S.E.
3. 116th Avenue S.E. as S.E. 234th Street a
4. 132nd Avenue S.E. at S.E. 234th Street
5. 132nd Avenue S.E. at S.E. 278th Street a
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The project is estimated to cost $140,000 including a local match of 25.4% c
($35,539). Design work is scheduled to begin in spring 2024 with
construction to follow later in 2024. Local match will be paid out of the Street
Fund using staff time and ancillary materials costs.
MOTION: I move to authorize the Mayor to accept grant funds
from the Transportation Improvement Board for RRFB
Crossings in the amount of $104,461, amend the budget,
authorize the expenditure of the grant funds accordingly, and
authorize the Mayor to sign all necessary documents, subject to
final terms and conditions acceptable to the City Attorney and
Public Works Director.
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Kent City Council - Committee of the Whole December 12, 2023
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
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RESULT: MOTION PASSES [UNANIMOUS] Next: 12/12/2023 7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner
S. ADJOURNMENT
Council President Boyce adjourned the meeting.
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Meeting ended at 4:43 p.m.
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4.B
FINANCE DEPARTMENT
Paula Painter, CPA
220 Fourth Avenue South
\117KENT Kent, WA 98032
WASHINGTON 253-856-5264
DATE: January 16, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Payment of Bills - Approve
MOTION: I move to approve the payment of bills.
SUMMARY:
BUDGET IMPACT:
Packet Pg. 14
4.0
OFFICE OF THE CITY ATTORNEY
Tammy White, City Attorney
220 Fourth Avenue South
\117KENT Kent, WA 98032
W A S ENT
N G T O N 253-856-5770
DATE: January 16, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Second Amendment to License Agreement with Thunderbird
Hockey Enterprises, LLC - Authorize
MOTION: I move to authorize the Mayor to sign the Second Amendment to
the License Agreement with Thunderbird Hockey Enterprises, LLC., subject
to final terms and conditions acceptable to the City Attorney.
SUMMARY: On October 2, 2022, accesso ShoWare Center's new all-digital main
scoreboard was operational and began displaying paid advertisements. The
previous main scoreboard contained a mix of digital and fixed signage. Pursuant to
the current License Agreement, the City of Kent and Thunderbird Hockey
Enterprises, LLC allocate the revenue from scoreboard advertising based on the
type of signage (i.e., digital vs. fixed).
Pursuant to the original Agreement, the City was to receive 100% of the scoreboard
fixed-signage advertising revenue to pay for new scoreboard fixtures and
equipment upgrades. The new digital scoreboard and associated equipment was
purchased at a total cost of $1,178,140. As of November 2023, the City has
received final payment on accounts receivable of the scoreboard advertising
revenue dedicated toward the total cost of the new digital scoreboard and
associated equipment.
Now, due to the new scoreboard being all-digital and having no fixed-signage
areas, this amendment recognizes the all-digital format, acknowledges that final
payment from the fixed-signage revenue has been received, and contains additional
provisions for additional advertising and fan engagement opportunities available
with the new scoreboard.
Tim Higgins, General Manager of the accesso ShoWare Center, will explain during
his presentation how advertising revenue will be allocated between the City and the
Thunderbirds under this Second Amendment.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Packet Pg. 15
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ATTACHMENTS:
1. Thunderbirds-Second Amend ment_Scoreboard Advertising (PDF)
Packet Pg. 16
4.C.a
SECOND AMENDMENT
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TO THE
LICENSE AGREEMENT
BY AND BETWEEN
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THE CITY OF KENT
AND L
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THUNDERBIRD HOCKEY ENTERPRISES, LLC
RECITALS
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A. On October 2, 2022, accesso ShoWare Center's new all-digital main scoreboard was a
operational and began displaying paid advertisements. The previous main scoreboard contained a E
mix of digital and fixed signage. Pursuant to the License Agreement, the City of Kent and
Thunderbird Hockey Enterprises, LLC allocate the revenue from scoreboard advertising based on E
the type of signage (i.e., digital vs. fixed). Now, due to the new scoreboard being all-digital and
having no fixed-signage areas, the parties have agreed to amend the License Agreement and the r
scoreboard advertising provisions therein. cn
B. The revisions to Section 6.3 of the License Agreement, regarding the scoreboard revenue
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allocations, made by this Amendment in paragraph 1 below shall be effective as of October 2,
2022, when the new main scoreboard began displaying advertisements.
C. This Second Amendment (Amendment) to the License Agreement by and between the City
of Kent and Thunderbird Hockey Enterprises, LLC (License Agreement), amends the original
License Agreement executed on August 7, 2007. All other provisions of the original Agreement
and the First Amendment not inconsistent with this Amendment shall remain in full force and o
effect. For valuable consideration and by mutual consent of the parties, the parties amend the
License Agreement as follows: 0
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AMENDMENT c
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1. DELETE Section 6.3 of the Agreement, entitled "Scoreboard Advertising," and a
REPLACE with the following: E
6.3 Scoreboard Advertising. o
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(a) The Team shall be responsible for the sale of all advertising on the Center's y
main scoreboard, and other video screens installed in the Center that receive the E
same audio and/or video feed as the main scoreboard, and to control the content on
all such video or digital portions of the main scoreboard during all Hockey Events
("Scoreboard Advertising"). During all Hockey Events, the team may utilize the
scoreboard for all in-game promotions, advertising, replay, and fan engagement. City,
will, to the extent reasonably possible, advertise all paid sponsors of Scoreboard
Advertising during all non-hockey events during ingress, intermission, and egress, E
when allowed by non-hockey event sponsors. The Team and the City will agree on a r
pricing structure for all Scoreboard Advertising. The Team shall receive a commission a
of fifteen percent (15%) of the revenues from the sale of Scoreboard Advertising,
Packet Pg. 17
4.C.a
plus an amount equal to twenty-five percent (25%) of those revenues after the sales
commission. The City shall retain the remaining seventy-five percent (75%) of
Scoreboard Advertising revenues after the sales commission.
L
(b) If the Center's main scoreboard contains electronic variable advertising of
any kind, the Team shall be entitled, at no cost, to advertise upcoming Hockey Events
for up to five (5) minutes on the main scoreboard at every Non-Hockey Event at
which the main scoreboard is in use.
r
(c) If additional video, digital or electronic advertising media is added to the
Center, that media may be operated during Hockey Events only upon mutual
agreement of the Parties. a
2. DELETE Section 6.4(d) of the Agreement, relating to fixed-signage advertising on
scoreboards, and REPLACE with the following:
J
O
(d) Pursuant to the original Agreement, the City was to receive 100% of the scoreboard
fixed-signage advertising revenue to pay for new scoreboard fixtures and equipment upgrades.
The new digital scoreboard and associated equipment was purchased at a total cost of $1,178,140. _
As of November 2023, the City has received final payment on accounts receivable of the
E
scoreboard advertising revenue dedicated toward the total cost of the new digital scoreboard and a
associated equipment. o
U
(D
AUTHORIZATION AND EXECUTION U)
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All acts consistent with the authority of the Agreement, previous Amendments (if any), and this M
Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and
the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed
to have applied. Mn
aD
The parties whose names appear below represent that they are authorized to enter into this
Amendment, which is binding on the parties to the Agreement.
O
IN WITNESS, by executing this Amendment, the parties below accept all requirements o
of this Amendment, which will take effect on the last date entered below. cn
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THUNDERBIRD HOCKEY ENTERPRISES, CITY OF KENT:
_
LLC:
_
a�
E
By: By: Q
(signature) (signature)
Print Name: Print Name: 0
Its Its cn
(title) (title) y
DATE: DATE:
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APPROVED AS TO FORM:
(applicable if Mayor's signature required) O
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Kent Law Department
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Packet Pg. 18
4.D
FINANCE DEPARTMENT
Paula Painter, CPA
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5264
DATE: January 16, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: November 2023 Financial Report
SUMMARY: Financial Planning Manager, Michelle Ferguson will report out the
November 2023 Financial Report.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. November 2023 Financial Report (PDF)
Packet Pg. 19
4.D.a
November 2023 Monthly Financial Report
City of Kent, Washington
General Fund Overview
Adj Budget YTD Est Actual Favorable Favorable
(Unfavorable) (Unfavorable',
Revenues 117,199,380 111,038,198 127,680,400 10,481,020 8.9%
Expenditures 126,156,270 97,958,400 122,053,600 4,102,670 3.3%
Net Revenues Less Expenditures (8,956,890) 13,079,798 5,626,800 14,583,690
Beginning Fund Balance 51,504,084 51,504,084 Q
m
Ending Fund Balance 42,547,194 57,130,884
33.7% 46.8% U
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c
ii
M
N
Required Endina Fund Balance Calculation c
N
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Estimated Expenditures for 2023 (from above) 122,053,600
18.0% E
0)
18% GF Ending Fund Balance 21,969,648 0
Z
millions General Fund Ending Fund Balance 10-year History (excluding Annexation)
Z
60.00 5743 O
50.00 47.66 51.50 Q
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41.97 Z
40.00
32.98 p
30.00
18.92 20.65 21.66 M
20.00
9.46 11.91
10.00 O
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2014 2015 2016 2017 2018 2019 2020 2021 2022 Est.2023 i0
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Page 1 of 14
Packet Pg. 20
ReportNovember 2023 Monthly Financial
City of Kent, Washington
General Fund Overview - Revenues
Revenue Categories Adj Budget YTD Est Actual Favorable Favorable
(Unfavorable)
Taxes:
Property 15,670,870 15,957,716 15,995,600 324,730 2.1%
Sales & Use 30,323,830 31,026,138 33,643,400 3,319,570 10.9%
Utility 24,349,760 24,120,838 26,243,800 1,894,040 7.8%
Business &Occupation 19,120,500 14,582,853 19,736,500 616,000 3.2% o
Other 806,120 803,493 1,073,900 267,780 33.2% m
Licenses and Permits 7,468,380 6,280,045 7,025,800 (442,580) -5.9% W
Intergovernmental Revenue 3,275,330 3,068,610 3,441,500 166,170 5.1% .5
Charges for Services 6,632,210 7,673,135 8,262,000 1,629,790 24.6%
Fines and Forfeitures 738,080 779,258 801,200 63,120 8.6% S
ILL
Miscellaneous Revenue 2,016,600 4,245,352 4,659,000 2,642,400 131.0% M
M
Transfers In 6,797,700 2,500,760 6,797,700 - o
041
Total Revenues 117,199,380 111,038,198 127,680,400 10,481,020 8.90/0
E
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2023 Estimated General
J
Fund Revenues o
B&O Taxes 0
u.
15% Other Taxes z
0.8%
0
Licenses and Permits
0
5%
Utility Taxes Intergovernmental
21% 6% p
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Charges for Services
5
6% R
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Other
eits o_ �
19% IL
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N
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Misc&Transfers In N
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9% N
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N
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Sales Taxes Z
Property Taxes
26% 13%
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Page 2 of 14
Packet Pg. 21
November 2023 • nthly Financial Report 4.D.a
City of Kent, Washington
General Fund Revenues ($ in Thousands)
All Revenues Sources
Prior Year Budgeted Actual
$160,000 Revenues Revenues Revenues
$140,000 January 6,113 6,131 6,450
February 5,033 5,515 6,204
$120,000 March 7,099 7,590 9,524
$100,000 April 21,928 19,519 16,944
$80,000 May 10,834 9,066 10,441 C
June 6,013 6,420 7,157 Q-
$60,000 IL July 9,739 8,497 11,107
$40,000 August 7,994 6,230 9,206 1
U
$20,000 - September 6,622 6,317 7,953
$0 October 21,272 20,626 17,945
IL
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 11,145 8,771 8,109 ��
December 20,582 12,518 0 c
23 Bud f22 Prelim 23 Act N
Total 134,376 117,199 111,040
N
E
Property T01
O
Prior Year Budgeted Actual Z
$35,000 Revenues Revenues Revenues
J
$30,000 January - 0 0 Z
February 57 99 125 O
O
$25,000 March 1,289 578 648 Z
$20,000 April 12,892 6,037 6,254
May 3,048 1,276 1,378
$15,000 - June 101 279 80 M
$10,000 _ July 59 69 74
August 214 74 56 Q.
$5,000 September 415 251 199
$0 October 11,127 5,726 6,497 2
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 3,487 1,182 648 c
tv
December 147 99 0
23 Bud f22 Prelim 23 Act Total 32,835 15,671 15,958 LL
M
N
O
N
- L
Prior Year Budgeted Actual E
d
$351 000 Revenues Revenues Revenues >
$30,000 -
January 2,063 2,328 2,202 Z
February 2,329 2,731 2,609
$25,000 - March 2,112 2,343 2,717
$20,000 _ April 2,063 2,161 2,711 c=
May 2,411 2,592 3,087 r
$15,000 - June 2,167 2,384 2,803 Q
$10,000 _ July 21239 21192 3,074
August 2,595 2,688 3,119
$5,000 September 2,334 2,528 2,833
$0 October 2,379 2,558 2,895
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 2,445 2,719 2,975
December 2,806 3,098 0
�23 Bud f22 Prelim -4-23 Act Total 27,944 30,324 31,026
Page 3 of 14 Packet Pg. 22
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November 2023 Monthly - • • 4.D.a
City of Kent, Washington
General Fund Revenues ($ in Thousands)
Utility Tax
$30,000 Zrior ear Budgeted Actual
January 1,980 2,415 2,517
$25,000 February 1,889 2,039 2,233
$20,000 - _ March 1,805 2,066 2,272
April 1,859 2,172 2,452 0
$15,000 - May 1,745 11975 2,209
d
June 1,690 1,816 1,943
$10,000 - July 1,713 2,149 2,308 2
-
August 1,581 1,877 2,014
$5,000
September 1,672 2,078 2,060
LL
$0 October 1,656 1,874 2,116 N
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 1,575 1,934 1,997 N
December 1,878 1,955 0 d
23 Bud f22 Prelim --+--23Act Total 21,044 24,350 24,121 E
O
Other TaxesO
Z
Prior Year Budgeted Actual �:
$22,000 J
Z
$20,000 - - January 2 80 2 O
$18,000 - February 3 3 2 LL
0
$16,000 - March 79 10 33 Z
$14,000 April 3,087 3,211 3,373 Q
$12,000 May 1,549 1,579 1,772 00
$10,000 -
$8,000 June 97 200 100 1=
$6,000 _ July 3,501 3,902 3,339 0
$4,000 IL- August 1,493 1,246 1,704
$2,000 - - - - September 141 154 219
$0i October 3,591 4,074 3,853 U
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 1,234 1,113 988
December 5,670 6,025 0 LL
.A23 Bud f22 Prelim --+--23 Act C")
Total 20,448 21,599 15,386 N
0
N
L
Otherd
(Intergovernmental, . Forfeits, . Misc Revenues) E
Prior Year Budgeted Actual >
O
$35,000 - Revenues Revenues 0 Revenues
Z
$30,000
January 2,068 2,579 1,728 m February 755 920 1,236 Ez
$25,000 - March 1,815 2,337 3,855 0
$20,000 - April 2,028 1,955 2,154 Q
May 2,081 1,714 1,996
$15,000 June 1,957 21402 2,231
$10,000 - July 2,227 2,111 2,310
August 2,110 1,502 2,312
$5,0$0 September 2,059 2,158 2,642
$0 October 2,520 2,649 2,583
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 2,404 1,879 1,501
December 10,082 4,722 0
23 Bud f22 Prelim �23Act
Total 32,106 26,928 24,549
Page 4 of 14 Packet Pg. 23
r—
November 2023 • Report
4.D.a
City of •
General Fund Overview - Expenditures
2023 •
Department Adj Budget YTD Est Actual Favorable Favorable
(Unfavorable) (Unfavorable'
City Council 440,600 381,942 414,200 26,400 6.00/
Administration 3,400,980 1,730,386 3,080,000 320,980 9.40/
Economic & Community Dev 10,692,930 8,867,925 10,198,500 494,430 4.60/
Finance 3,495,640 3,192,604 3,489,600 6,040 0.20/ �F
Fire Contracted Services 4,109,990 3,178,456 3,703,700 406,290 9.90/ m
Human Resources 2,302,300 1,742,679 2,089,100 213,200 9.30/
Law 1,647,990 1,228,692 1,500,600 147,390 8.90/ •�
Municipal Court 4,254,230 3,518,614 3,933,900 320,330 7.50/
Parks, Recreation & Comm Svcs 23,079,660 19,117,738 21,798,700 1,280,960 5.60/
LL
Police 55,556,550 50,157,234 54,669,400 887,150 1.60/ N
Non-Departmental 17,175,400 4,841,624 17,175,400 N
Total Expenditures 126,156,270 97,958,400 122,053,600 4,102,670 3.30A
Variance analysis for expenditures is provided for particular departments or those in which the estimated actual
amount differs from the budgeted amount by at least 10% or a minimum of $500,000. o
z
Variance Notes
z
Parks, Recreation, & Community Services: Estimated spend by Parks, Recreation, & Community Services is O
$1.3m under budget due to reduced spending on Salaries & Benefits ($670k) and services ($716k), offset by an O
LL
increase in supplies ($105k) z
0
0
M
2023 Estimated General Fund
O
Expenditures
Police Non-Departmental M
o M
45/° 14% City Council c
0.34% N
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4)
Human
O
Resources z
o
Other 2/0
3% E
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Ad inistration r
ro Q
Law
1%
ECD
8%
Finance
Parks,Recreation& 3%
Comm Svcs Fire Contracted Services
18% Municipal Court 3%
3%
Page 5 of 14
Packet Pg. 24
November 123 Monthly Financial Report4.D.a
City of Kent, Washington
General Fund
•
BudgetActual Actual Adj
Beginning Fund Balance 41,969,901 47,660,526 51,504,084 51,504,084 51,504,084
Revenues
Taxes:
Property 32,052,967 32,835,026 15,670,870 15,957,716 15,995,600
Sales & Use 24,828,972 27,943,579 30,323,830 31,026,138 33,643,400 o
CL
Utility 20,262,726 21,048,283 24,349,760 24,120,838 26,243,800
Business & Occupation 17,060,649 19,517,633 19,120,500 14,582,853 19,736,500
Other 613,502 930,044 806,120 803,493 1,073,900 Z
Licenses and Permits 7,171,129 8,567,857 7,468,380 6,280,045 7,025,800
Intergovernmental Revenue 3,297,871 3,406,561 3,275,330 3,068,610 3,441,500 ii
Charges for Services 5,299,515 8,492,824 6,632,210 7,673,135 8,262,000 N
Fines and Forfeitures 809,361 590f339 738,080 779,258 801,200 N
L
Miscellaneous Revenue 1,192,043 (375,462) 2,016,600 4,245,352 4,659,000
Transfers In 1,442,364 11,445,001 6,797,700 2,500,760 6,797,700 E
a�
Total Revenues 114,031,100 134,401,684 117,199,380 111,038,198 127,680,400 0
z
Expenditures J
City Council 272,914 288,639 440,600 381,942 414,200 z
O
Administration 2,847,633 3,031,347 3,400,980 1,730,386 3,080,000 O
Economic & Community Dev 7,469,721 7f791,962 10,692,930 8,867,925 10,198,500 LL
Z
Finance 2,574,151 2,810,207 3,495,640 3,192,604 3,489,600
Fire Contracted Services 3,357,891 3,900,542 4,109,990 3,178,456 3,703,700 le
Human Resources 1,529,193 1,795,361 2,302,300 1,742,679 2,089,100
Law 1,444,860 1,383,659 1,647,990 1,228,692 1,500,600 r-
Municipal Court 3,386,007 3,433,032 4,254,230 3,518,614 3,933,900 Q.
a)
Parks, Recreation & Comm Svcs 17,758,211 19,439,188 23,079,660 19,117,738 21,798,700 W
Police 45,793,526 50,394,511 55,556,550 50,157,234 54,669,400
Public Works (720) - - 506 500
Non-Departmental 21,957,021 36,289,679 17,175,400 4,841,624 17,175,400 E
Total Expenditures 108,390,407 130,558,126 126,156,270 97,958,400 122,053,600 M
N
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Net Revenues less Expenditures 5,640,693 3,843,558 (8,956,890) 13,079,798 5,626,800 `m
E
Ending Fund Balance 47,610,594 51,504,084 42,547,194 64,583,882 57,130,884
0
z
Ending Fund Balance Detail:
General Fund Reserves 47,660,526 51,504,084 42,547,194 57,130,884 aci
based on same year actuals/budget 44.0% 39.4% 33.7% 46.8% t
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Page 6 of 14
Packet Pg. 25
November 2023 Monthly Financial Report 4.D.a
City of Kent, Washington
General Fund
Year-to-Year Month Comparison
2021 i % 011
thru November thru November thru November Variance . .
Revenues
Taxes:
Property 31,850,315 32,688,470 15,957,716 (16,730,754) -51.2% 101.8%
Sales & Use 22,356,204 25,137,940 31,026,138 5,888,197 23.4% 102.3%
Utility 18,378,923 19,165,553 24,120,838 4,955,285 25.9% 99.1% a
Business &Occupation 12,371,301 14,161,728 14,582,853 421,125 3.0% 76.3% 0)
Other 362,579 616,027 803,493 187,466 30.4% 99.7%
Licenses and Permits 6,692,428 7,708,923 6,280,045 (1,428,877) -18.5% 84.1%
Intergovernmental Revenue 2,891,407 2,960,186 3,068,610 108,424 3.7% 93.7%
Charges for Services 4,891,169 7,909,187 7,673,135 (236,053) -3.0% 115.7% ii
Fines and Forfeitures 733,354 531,746 779,258 247,512 46.5% 105.6% N
Miscellaneous Revenue 1,659,805 2,212,695 4,245,352 2,032,657 91.9% 210.5% N
Transfers In 650,930 701,530 2,500,760 1,799,230 256.5% 36.8% y
Total Revenues 102,838,415 113,793,986 111,038,198 (2,755,788) -2.4% 94.7%
a�
Expenditures o
z
City Council 251,000 265,569 381,942 116,373 43.8% 86.7%
Administration 1,142,113 959,981 1,730,386 770,405 80.3% 50.9%
Economic &Community Dev 6,804,033 7,039,177 8,867,925 1 828 748 26.0% 82.9% Z
p
Finance 2,311,771 2,474,007 3,192,604 718,597 29.0% 91.3% p
LL
Fire Contracted Services 3,006,742 3,621,881 3,178,456 (443,425) -12.2% 77.3% z
Human Resources 1,367,371 1,551,727 1,742,679 190,952 12.3% 75.7%
Law 1,308,129 1,256,731 1,228,692 (28,039) -2.2% 74.6%
Municipal Court 3,093,821 3,101,792 3,518,614 416,822 13.4% 82.7% M
Parks, Recreation & Comm Svcs 15,517,748 17,091,885 19,117,738 2,025,853 11.9% 82.8%
Police 41,897,328 46,480,660 50,157,234 3,676,574 7.9% 90.3% a
Non-Departmental 13,020,709 21,200,694 4,841,624 (16,359,070) -77.2% 28.2%
Total Expenditures 89,720,764 105,044,104 97,958,400 (7,085,704) -6.7% 77.6%
U
c
c
GF Revenues thru November GF Expenditures thru November LL
M
N
45,000,000 60,000,000 N
40,000,000 L
50,000,000
35,000,000 E
30,000,000 - - 40,000,000 >
25,000,000 - 0 2021 ■2021 z
30,000,000
20,000,000 - 0 2022 0 2022 d
15,000,000 a 2023 20,000,000 u 2023 E
10,000,000 - v
10,000,000 r
5,000,000 -
a
0 0 -
Property Sales& Utility Other Police Parks *General ECD Non-Dept
Taxes Use Taxes Taxes Revenues Govt. &Other
*General Govt. includes City Council,Administration, HR, IT,&Finance
Page 7 of 14
Packet Pg. 26
4.D.a
November 2023 • Report
City of Kent, Washington
Fund Balances
Beginning Estimated Estimated Ending Fund
Fund Balance Revenues Expenditures
Balance
Estimated
a
Operating revenues and expenditures only; capital and non-capital projects are excluded.
General Fund U
c
General Fund 51,504,084 127,680,400 122,053,600 57,130,884 c
ii
Special . M
N
Street Fund 13,861,516 22,794,720 23,091,596 13,564,640 N
L
LEOFF 1 Retiree Benefits 1,015,707 1,114,480 1,012,130 1,118,057
Lodging Tax 450,235 297,880 348,880 3991235 E
Youth/Teen Programs 491,003 1,103,530 1,049,920 544,613 0
z
Capital Resources 30,961,924 29,735,000 33,480,000 27,216,924
Criminal Justice 11,069,148 12,362,500 13,934,077 9,497,571 Z
Human Services 2,546,748 4,436,600 3,446,530 3,536,818 0
ShoWare Operating 2,317,345 6,164,460 7,834,830 646,975 u-
Impact Fee Fund - 950,800 950,800 -
Other Operating 596,733 112,700 212,700 496,733
00
Debt Service Fun.
Councilmanic Debt Service 1,618,923 7,383,860 8,259,280 743,503 Q.
as
Special Assessments Debt Service 313,116 698,760 710,000 301,876
Enterprise Funds U
c
0
Water Utility 18,547,892 32,900,850 31,333,601 20,115,141 E
ii
Sewer Utility 5,597,752 38,380,320 39,108,990 4,869,082 N
Drainage Utility 16,762,891 27,369,760 30,264,768 13,867,883 N
Solid Waste Utility 540,274 1,039,050 1,055,050 524,274
Golf Complex 881,181 3,672,200 3,363,080 1,190,301 aEi
Internal Service Funds 0
z
Fleet Services 6,975,009 8,669,660 11,174,860 4,469,809 c
m
Central Services 152,440 290,830 271,170 172,100 E
t
Information Technology 2,440,550 12,902,440 13,158,250 2,184,740 U
Facilities 4,615,828 6,754,700 8,152,570 3,217,958 Q
Unemployment 1,335,834 205,750 205,500 1,336,084
Workers Compensation 1,750,855 1,882,470 3,155,080 478,245
Employee Health & Wellness 9,605,774 16,825,800 15,229,270 11,202,304
Liability Insurance 5,532,196 4,510,210 5,825,860 4,216,546
Property Insurance 1,000,528 954,880 990,750 964,658
Page 8 of 14
Packet Pg. 27
November 2023 • nthly Financial Report
City of Kent, Washington
Other Funds Overview (Revenues and Expenditures)
Actual Actual Adj Budget YTD Est Actual
Operating revenues and expenditures only; capital and non-capital projects are excluded.
In instances where expenditures exceed revenues, fund balance is being utilized.
Special Revenue Funds
Street Fund
Revenues 20,419,435 21,474,426 21,010,310 17,545,342 22,794,720 0
CL
Expenditures 16,768,746 18,646,932 25,526,460 19,235,932 23,091,596
Net Revenues Less Expenditures 3,650,689 2,827,493 (4,516,150) (1,690,591) (296,876) _
U
LEOFF 1 Retiree Benefits
Revenues 1,199,965 1,119,751 1,289,890 1,027,818 1,114,480 c
Expenditures 1,519,460 1,375,512 1,581,160 880,367 1,012,130 u_
Net Revenues Less Expenditures (319,495) (255,761) (291,270) 147,451 102,350 c
N
Lodging Tax y
Revenues 221,252 565,735 280,260 274,533 297,880 .0
Expenditures 165,720 244,710 348,880 294,035 348,880 aa)
Net Revenues Less Expenditures 55,532 321,025 (68,620) (19,503) (51,000) o
z
Youth/Teen Programs
Revenues 9771243 1,021,842 1,049,920 1,016,035 1,103,530 _J
Expenditures 822,054 925,650 1,049,920 6,068 1,049,920 z
O
Net Revenues Less Expenditures 155,189 96,192 - 1,009,967 53,610 O
Capital Resources z_
Revenues 28,353,626 27,054,816 27,422,170 28,889,229 29,735,000
Expenditures 18,092,140 20,632,883 35,036,710 29,884,470 33,480,000 "eD
Net Revenues Less Expenditures 10,261,487 6,421,934 (7,614,540) (995,241) (3,7451000) M
Criminal Justice
Revenues 9,774,373 10,036,211 10,459,460 11,364,925 12,362,500 00.
Expenditures 7,540,042 9,102,237 14,869,550 12,750,111 13,934,077
Net Revenues Less Expenditures 2,234,331 933,974 (4,410,090) (1,385,186) (1,571,577)
2
Human Services a
c
Revenues 3,796,657 4,220,533 4,420,220 3,921,858 4,436,600 c
Expenditures 2,704,110 2,813,399 4,420,220 715,539 3,446,530 M
Net Revenues Less Expenditures 1,092,547 1,407,133 - 3,206,319 990,070 N
CD
ShoWare Operating N
Revenues 3,079,558 1,794,223 6,184,460 801,395 6,164,460
Expenditures 2,091,661 4,130,620 7,834,830 3,557,231 7,834,830
Net Revenues Less Expenditures 987,897 (2,336,397) (1,650,370) (2,755,836) (1,670,370)
0
Impact Fee Fund z
Revenues 3,957,718 3,152,179 4,150,840 741,783 950,800
Expenditures 3,958,033 3,152,179 4,150,840 710,630 950,800
Net Revenues Less Expenditures (316) - - 31,153 -
Other Operating r
Revenues 128,175 136,681 112,700 - 112,700 Q
Expenditures 104,945 130,685 212,700 50,371 212,700
Net Revenues Less Expenditures 23,230 5,996 (100,000) (50,371) (100,000)
Page 9 of 14
Packet Pg. 28
November 2023 • nthly Financial Report
City of Kent, Washington
Other Funds Overview (Revenues and Expenditures)
Actual Actual Adj Budget YTD Est Actual
Operating revenues and expenditures only; capital and non-capital projects are excluded.
In instances where expenditures exceed revenues, fund balance is being utilized.
Debt Service Funds
Councilmanic Debt Service
Revenues 7,988,547 7,907,603 7,558,440 2,103,745 7,383,860 0
CL
Expenditures 8,348,722 8,563,855 8,259,280 2,139,160 8,259,280
Net Revenues Less Expenditures (360,174) (656,252) (700,840) (35,415) (875,420) _
�_
Special Assessment Debt Service U
c
Revenues 1,035,745 720,252 238,000 617,110 698,760
Expenditures 858,473 682,020 710,000 - 710,000
Net Revenues Less Expenditures 177,272 38,232 (472,000) 617,110 (11,240) N
0
N
Enterprise Funds
Water Utility
Revenues 29,810,341 27,653,347 31,520,630 29,579,203 32,900,850
Expenditures 28,183,254 25,713,818 32,767,620 27,919,994 31,333,601 0
Net Revenues Less Expenditures 1,627,087 1,939,529 (1,246,990) 1,659,209 1,567,249 Z
Sewer Utility Z
Revenues 34,846,524 35,612,755 37,418,820 35,262,086 38,380,320 0
Expenditures 33,974,459 33,041,535 39,108,990 36,057,073 39,108,990 p
Net Revenues Less Expenditures 872,065 2,571,220 (1,690,170) (794,988) (728,670) u_
z
Drainage Utility o
Revenues 25,408,140 24,634,562 26,762,680 24,514,057 27,369,760 00
M
Expenditures 23,609,481 27,537,869 31,591,100 27,336,152 30,264,768
Net Revenues Less Expenditures 1,798,659 (2,903,307) (4,828,420) (2,822,095) (2,895,008) o
a
Solid Waste Utility
Revenues 855,492 1,419,785 1,059,170 967,051 1,039,050
151,021 1,202,550 1,007,352 1,055,050 2
Expenditures 995,385 1, U
Net Revenues Less Expenditures (139,893) 268,764 (143,380) (40,302) (16,000)
Golf Complex
Revenues 2,526,316 3,468,448 3,672,200 3,284,236 3,672,200 N
Expenditures 4,513,837 2,963,754 3,363,080 2,981,959 3,363,080 0
Net Revenues Less Expenditures (1,987,522) 504,694 309,120 302,277 309,120 cL
m
Internal Service Funds
E
a�
Fleet Services Z
Revenues 5,674,822 8,180,653 8,206,270 8,044,120 8,669,660 r
Expenditures 4,894,499 5,176,283 11,939,000 8,600,614 11,174,860
Net Revenues Less Expenditures 780,323 3,004,370 (3,732,730) (556,493) (2,505,200) E
t
Central Services M
Revenues 355,897 315,714 370,960 269,765 290,830 Q
Expenditures 320,247 286,653 375,610 236,798 271,170
Net Revenues Less Expenditures 35,650 29,061 (4,650) 32,967 19,660
Page 10 of 14
Packet Pg. 29
November 2023 • nthly Financial Report4.D.a
City of Kent, Washington
Other Funds Overview (Revenues and Expenditures)
2021 2022 2023
Actual Actual Adj Budget YTD Est Actual
Operating revenues and expenditures only; capital and non-capital projects are excluded.
In instances where expenditures exceed revenues, fund balance is being utilized.
Information Technology
Revenues 10,506,136 11,412,426 12,920,680 11,340,726 12,902,440
Expenditures 10,411,640 11,386,844 13,219,320 11,563,647 13,158,250 0
o
Net Revenues Less Expenditures 94,496 25,582 (298,640) (222,921) (255,810)
Facilities
Revenues 6,704,998 6,271,666 6,705,870 6,276,676 6,754,700
Expenditures 6,222,434 7,693,874 8,476,690 7,329,760 8,152,570
Net Revenues Less Expenditures 482,564 (1,422,209) (1,770,820) (1,053,084) (1,397,870) S
ii
Unemployment M
Revenues 134,862 117,126 178,370 186,314 205,750 N
Expenditures 161,765 119,475 216,990 195,763 205,500
Net Revenues Less Expenditures (26,902) (2,349) (38,620) (9,449) 250 A
Workers Compensation
Revenues 1,019,589 3,172,019 3,761,030 1,747,769 1,882,470 0
Expenditures 1,788,435 2,852,220 3,637,570 2,132,876 3,155,080 Z
Net Revenues Less Expenditures (768,845) 319,800 123,460 (385,107) (1,272,610) J
Z
Employee Health & Wellness O
Revenues 15,795,365 15,793,817 16,286,430 15,494,265 16,825,800 OL
Expenditures 14,736,998 14,796,643 15,893,380 13,817,202 15,229,270 Z
Net Revenues Less Expenditures 1,058,367 997,174 393,050 1,677,064 1,596,530 c
00
Liability Insurance
Revenues 8,119,358 8,677,522 6,307,230 4,158,788 4,510,210 t
Expenditures 4,307,222 5,626,577 6,317,120 4,599,106 5,825,860 00.
Net Revenues Less Expenditures 3,812,136 3,050,944 (9,890) (440,318) (1,315,6 00) 01
Property Insurance U
Revenues 605,819 1,171,973 1,440,320 873,653 954,880
Expenditures 677,950 814,057 1,015,820 1,516,657 990,750
Net Revenues Less Expenditures (72,131) 357,915 424,500 (643,004) (35,870) M
N
O
N
Other Fund Revenues Other Fund Expenditures
E
80,000,000 o Special 80,000,000 a)
70,000,000 o Special Z
Revenue 70,000,000
60,000,000 Funds 60,000,000 _ Revenue
50,000,000 - u Enterprise 50,000,000 Funds
40,000,000 - Funds 40,000,000 LJ Enterprise E
30,000,000 - 30,000,000 Funds
20,000,000 - o Internal 20,000,000
10,000,000 10,000,000 Q
Service 0 o Internal
0 Funds Service Funds
2021 2022 2023 2021 2022 Prelim 2023
Actuals Prelim Budget Actuals Budget
Page 11 of 14
Packet Pg. 30
November 2023 • nthly Financial Report4.D.a
City of Kent, Washington
Other Funds Overview (Revenues and Expenditures)
Year-to-Year Month Comparison
thru November thru November thru November Variance
Operating revenues and expenditures only; capital and non-capital projects are excluded.
Special Revenue Funds
Street Fund 0
0
Revenues 14,120,450 16,793,949 17,545,342 751,393 4.50r
Expenditures 13,281,603 16,125,214 19,235,932 3,110,718 19.30r
Net Revenues Less Expenditures 838,846 668,735 (1,690,591)
U
c
LEOFF 1 Retiree Benefits 1°
c
Revenues 1,151,766 1,095,630 1,027,818 (67,813) -6.20r iL
Expenditures 1,362,276 1,247,082 880,367 (366,715) -29.40r N
Net Revenues Less Expenditures (210,511) (151,452) 147,451
N
L
Lodging Tax
Revenues 192,674 541,777 274,533 (267,245) -49.3°r aEi
Expenditures 144,700 240,831 294,035 53,204 22.10r o
Net Revenues Less Expenditures 47,973 300,946 (19,503) Z
Youth/Teen Programs Z
Revenues 890,702 926,968 1,016,035 89,067 9.60r O
Expenditures 7,150 5,757 6,068 312 5.40r O
Net Revenues Less Expenditures 883,552 921,212 1,009,967 Z
Capital Resources c
Revenues 23,149,261 23,973,369 28,889,229 4,915,860 20.5°r 'o"O'
Expenditures 15,139,092 18,331,663 29,884,470 11,552,807 63.0°r
Net Revenues Less Expenditures 8,010,169 5,641,706 (995,241) o
a
Criminal Justice
Revenues 8,964,571 9,550,282 11,364,925 1,814,644 19.00r
Expenditures 6,774,650 8,157,290 12,750,111 4,592,821 56.30r
Net Revenues Less Expenditures 2,189,921 1,392,991 (1,385,186)
iL
Human Services M
04
Revenues 2,829,731 3,796,289 3,921,858 125,569 3.30r N
Expenditures 199,136 167,407 715,539 548,132 327.40r
Net Revenues Less Expenditures 2,630,594 3,628,881 3,206,319
E
W
ShoWare Operating >
0
Revenues 1,300,855 800,000 801,395 1,395 0.20r Z
Expenditures 1,442,575 3,298,826 3,557,231 258,404 7.80r
Net Revenues Less Expenditures (141,720) (2,498,826) (2,755,836) m
E
Admissions Tax revenues received quarterly (April, July, September, January)
Impact Fee Fund Q
Revenues 3,718,692 2,787,382 741,783 (2,045,599) -73.40r
Expenditures 2,873,151 1,869,224 710,630 (1,158,593) -62.00r
Net Revenues Less Expenditures 845,541 918,158 31,153
Other Operating
Revenues - - - -
Expenditures 79,723 121,052 50,371 (70,681) -58.40r
Net Revenues Less Expenditures (79,723) (121,052) (50,371)
Combines several small programs, including City Art Program and Neighborhood Matching Grants
Page 12 of 14 1 Packet Pg. 31
November 2023 • nthly Financial Report4.D.a
City of Kent, Washington
Other Funds Overview (Revenues and Expenditures)
Year-to-Year Month Comparison
thru November thru November thru November Variance
Operating revenues and expenditures only; capital and non-capital projects are excluded.
Debt Service Funds
Councilmanic Debt Service 0
0
Revenues 2,314,811 2,216,099 2,103,745 (112,354) -5.10r
Expenditures 2,350,523 2,252,005 2,139,160 (112,845) -5.00r
Net Revenues Less Expenditures (35,712) (35,905) (35,415)
U
Debt service payments are generally due in June and December.
c
Special Assessments Debt Service ii
Revenues 658,685 537,369 617,110 79,741 14.80r N
Expenditures 5,601 5,986 - (5,986) -100.00r N
Net Revenues Less Expenditures 653,084 531,383 617,110
Enterprise Funds aEi
0
Water Utility z
Revenues 28,059,723 26,106,623 29,579,203 3,472,580 13.30r J
Expenditures 24,379,625 25,691,460 27,919,994 2,228,533 8.70r z
Net Revenues Less Expenditures 3,680,098 415,162 1,659,209 O
O
Sewer Utility u_
Revenues 32,339,915 32,924,027 35,262,086 2,338,058 7 1°r z
Expenditures 33,187,706 30,192,760 36,057,073 5,864,313 19.40r o
Net Revenues Less Expenditures (847,790) 2,731,267 (794,988) M
Drainage Utility V_
Revenues 22,982,110 22,266,690 24,514,057 2,247,367 10.10r 0.
Expenditures 20,378,589 24,855,192 27,336,152 2,480,961 10.00r
Net Revenues Less Expenditures 2,603,521 (2,588,502) (2,822,095)
U
Solid Waste Utility
Revenues 727,168 1,067,431 967,051 (100,381) -9.40r c
Expenditures 901,347 1,059,365 1,007,352 (52,013) -4.90r u_
Net Revenues Less Expenditures (174,179) 8,066 (40,302) c
04
Golf Complex
Revenues 2,355,834 3,059,811 3,284,236 224,425 7.30r .0
Expenditures 4,301,101 2,784,387 2,981,959 197,572 7.1°r aEi
Net Revenues Less Expenditures (1,945,267) 275,424 302,277 >
0
z
Internal Service Funds
r
c
m
Fleet Services E
Revenues 5,268,249 5,488,278 8,044,120 2,555,842 46.60r L)
Expenditures 4,361,279 4,606,244 8,600,614 3,994,370 86.70r r
Net Revenues Less Expenditures 906,969 882,035 (556,493) Q
Central Services
Revenues 327,408 266,549 269,765 3,216 1.20r
Expenditures 281,599 227,464 236,798 9,334 4.10r
Net Revenues Less Expenditures 45,810 39,085 32,967
Information Technology
Revenues 8,460,421 9,167,850 11,340,726 2,172,876 23.70r
Expenditures 8,530,554 9,637,448 11,563,647 1,926,199 20.00r
Net Revenues Less Expenditures (70,133) (469,598) (222,921)
Page 13 of 14 1 Packet Pg. 32
November 2023 • nthly Financial Report4.D.a
City of Kent, Washington
Other Funds Overview (Revenues and Expenditures)
Year-to-Year Month Comparison
2021 2022 2023 2023-2022
thru November thru November thru November Variance
Operating revenues and expenditures only; capital and non-capital projects are excluded.
Facilities
Revenues 6,331,688 6,014,877 6,276,676 261,799 4.4°r
Expenditures 5,407,800 7,240,042 7,329,760 89,718 1.20r 0
CL
Net Revenues Less Expenditures 923,888 (1,225,164) (1,053,084)
Unemployment
Revenues 144,560 153,419 186,314 32,895 21.40r c
Expenditures 157,894 104,165 195,763 91,598 87.90r
Net Revenues Less Expenditures (13,334) 49,254 (9,449) ii
M
N
Workers Compensation N
Revenues 999,000 3,162,024 1,747,769 (1,414,255) -44.70r
Expenditures 1,618,537 1,941,120 2,132,876 191,756 9.90r
Net Revenues Less Expenditures (619,537) 1,220,904 (385,107)
0
Employee Health & Wellness z
Revenues 14,675,406 14,732,676 15,494,265 761,589 5.20r J
Expenditures 13,390,583 13,168,677 13,817,202 648,524 4.90r z
Net Revenues Less Expenditures 1,284,822 1,563,999 1,677,064 O
O
u_
Liability Insurance z
Revenues 7,448,456 8,450,008 4,158,788 (4,291,220) -50.80r c
Expenditures 3,866,753 3,846,998 4,599,106 752,108 19.60r
00
Net Revenues Less Expenditures 3,581,703 4,603,010 (440,318)
1r
Property Insurance 0
0.
Revenues 562,038 1,116,384 873,653 (242,731) -21.70r �
Expenditures 1,013,848 1,217,162 1,516,657 299,494 24.60r
Net Revenues Less Expenditures (451,810) (100,779) (643,004)
c
ii
Other Fund Revenues thru November Other Fund Expenditures thru November M
0
N
L
100,000,000
90,000,000 50,000,000 E
80,000,000 a)
70,000,000 40,000,000 0
z
60,000,000
30,000,000
50,000,000 0 2021 0 2021
40,000,000 — 20,000,000 t
30,000,000 0 2022 — 0 2022
20,000,000 u 2023 10,000,000 a 2023 Q
10,000,000
0 0
Special Enterprise Internal Special Enterprise Internal
Revenue Funds Service Funds Revenue Funds Service Funds
Funds Funds
Page 14 of 14 Packet Pg. 33
4.E
ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
Kurt Hanson, AICP, EDFP
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5454
DATE: January 16, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Consultant Contract Amendment for 2024 Comprehensive
Plan Update — Authorize
MOTION: I move to authorize the Mayor to sign Amendment No. 1 to the
City's contract with MIG, Inc., subject to final terms and conditions
acceptable to the Economic and Community Development Director and City
Attorney.
SUMMARY: On October 18, 2022, City Council approved a contract (CAG2022-403)
to update the City's Comprehensive Plan, including preparation of an Environmental
Impact Statement (EIS) under the State Environmental Policy Act (SEPA).
Amendment No. 1 will increase the contract amount by an additional $410,000 to:
1. Revise the original Comprehensive Plan scope to recognize new state laws
and address data gap assumptions that were previously made ($130,000);
and
2. To add to this contract an update to the City's Downtown Subarea Plan
(DSAP), so the City can continue to qualify as a PSRC (Puget Sound Regional
Council) Regional Growth Center and be eligible and competitive for PSRC
funding opportunities ($280,000).
BACKGROUND:
The original Comprehensive Plan contract was scoped narrowly and assumed
substantial input of City staff time and content for completion. Since contract
adoption, several changes have necessitated a scope change, including most
notably new 2023 State legislation regarding housing policy and SEPA. This has
resulted in substantial data needs and analysis to fully comply with the new
requirement that has a short implementation deadline.
Additionally, after the original contract's adoption, the City learned that the PSRC
Centers Recertification process would start in 2025. Jurisdictions will need to adopt
subarea plans that conform to Vision 2050 and Regional Centers Framework to
remain eligible and competitive for PSRC funding. Kent has two designated Regional
Growth Centers (the Industrial Valley and Downtown) and has received, on
average, about $10-15 million every two years for transportation projects. The
"Rally the Valley" Industrial Subarea Plan was adopted in 2020 and complies with
the updated PSRC requirements. However, the Downtown Subarea Plan (DSAP) was
Packet Pg. 34
4.E
last updated in 2013. Since then, PSRC has adopted new policies and requirements
for Centers and the City must update the DSAP if it wishes to maintain certification
and designation as a Regional Growth Center.
The Economic and Community Development Department has been anticipating
these changes and worked with Finance last year for budgeting purposes to ensure
sufficient funds are available in the Project account to cover the cost of this contract
amendment. No additional budget is needed.
BUDGET IMPACT: The Comprehensive Plan periodic update is a part of the
Economic and Community Development workplan and has been planned for through
existing budget. The City has received $325,000 in grant funds through the
Department of Commerce to offset the cost of this work.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. MIG Inc AmendmentForm(PDF)
2. Exhibit A_final (PDF)
3. Exhibit B_final (PDF)
Packet Pg. 35
4.E.a
•
KENT
WASHINGTON
AMENDMENT NO. 1
N
L
0
NAME OF CONSULTANT OR VENDOR: MIG, Inc.
a
CONTRACT NAME & PROJECT NUMBER:Comp Plan Update Consultant Services (CAG2022-
403
a
ORIGINAL AGREEMENT DATE: October 11, 2022 c
a
This Amendment is made between the City and the above-referenced Consultant or Vendor
and amends the original Agreement and all prior Amendments. All other provisions of the original
Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force
and effect. For valuable consideration and by mutual consent of the parties, Consultant or a
Vendor's work is modified as follows: E
0
U
1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add o
additional work or revise existing work as follows: N
L
In addition to work required under the original Agreement and any prior
Amendments, the Consultant or Vendor shall: E
aU
MIG, Inc will provide additional work to complete the 2044 E
Comprehensive Plan and EIS in accordance with Exhibit A and
create an updated Downtown Subarea Plan (DSAP) in M
accordance with Exhibit B. 0
2. The contract amount and time for performance provisions of Section II "Time of
Completion," and Section III, "Compensation," are modified as follows: N
0
Original Contract Sum, $544,090.00 v
including applicable WSST N
00
Net Change by Previous Amendments $0
including applicable WSST E
Current Contract Amount $544,090.00 U_
including all previous amendments
E
Current Amendment Sum $410,000
Applicable WSST Tax on this $ Q
U
Amendment
Revised Contract Sum $954,090.00
c
CD
E
U
0
r
a
AMENDMENT - 1 OF 2 Packet Pg. 36
4.E.a
Original Time for Completion December 31,2024
(insert date)
Revised Time for Completion under Same
prior Amendments
(insert date)
N
Add'1 Days Required (f) for this 0 calendar days 0
Amendment
Q
Revised Time for Completion December 31,2024
(insert date)
a
The Consultant or Vendor accepts all requirements of this Amendment by signing below, by a
its signature waives any protest or claim it may have regarding this Amendment, and a
acknowledges and accepts that this Amendment constitutes full payment and final settlement of
all claims of any kind or nature arising from or connected with any work either covered or affected
by this Amendment, including, without limitation, claims related to contract time, contract
acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise a
provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and E
warranty provisions of the original Agreement. L)
v
N
All acts consistent with the authority of the Agreement, previous Amendments (if any), and N
L
this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, 40-
and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be a
deemed to have applied. E
r-
0
The parties whose names appear below swear under penalty of perjury that they are E
authorized to enter into this Amendment, which is binding on the parties of this contract.
L
IN WITNESS, the parties below have executed this Amendment, which will 0
become effective on the last date written below.
r
CONSULTANT/VENDOR: CITY OF KENT: N
c
0
U
By: By: �
co
M
Print Name: Print Name: Dana Ralph n
L
0
Its Its: Mayor Z
a�
DATE: DATE: E
c
a�
ATTEST: APPROVED AS TO FORM: E
(applicable if Mayor's signature required) Q
c
C9
Kent City Clerk Kent Law Department
E
r
Q
[In this field,you may enter the electronic filepath where the contract has been saved]
AMENDMENT - 2 OF 2 Packet Pg. 37
4.E.b
a�
N
January 10, 2023 L
0
r
0
a
Kristen Holdsworth,AICP, Long Range Planning Manager
0
Planning Services I Economic&Community Development
400 West Gowe Q.
Kent,WA 98032
c�
a
Subject: 2023 Comprehensive Plan Update Project Status
.N
c
0
Dear Kristen: i
Q.
E
MIG is honored to continue working with the City of Kent to update the Comprehensive Plan as 0
required by Washington State's Growth Management Act.As we close out 2023,we wanted to It
prepare an update for you and the team on where we are in terms of budget and scope. N
L
0
As of December 15, 2023,we have expended approximately 63% of the approved budget
and are requesting an additional$130,00.The attached table details the task items that are E
currently at or over budget.The additional budget we are requesting would cover the tasks that
we have completed approved,but unscoped work, in addition to a revised budget for tasks that
will include additional work in 2024. E
0
U
• Project Management and Coordination(Task 1): In 2023 additional coordination r
meetings with City departments and the discussions around the Downtown Subarea Plan 0
were covered in this task.This task also absorbed the hours to draft the scope of work
and budget for the upcoming Downtown Subarea Plan (DSAP) update.
o 2024 Additional Budget Request: $8,000 N
c
0
• Land Use and Planning Board/City Council Work Session(Task 2.5):Additional v
coordination around the work session for the Joint Council and Land Use and Planning CN
Board was necessary.This included compiling the results of the community engagement 00
activities (survey,internal department work session,and community and youth focus ..
group results) into a package that could be presented at the work session.This included
various heat maps and updating the base map for the work session.The budget request is QI
to cover the overage.
o 2024 Additional Budget Request: $3,464
x
w
• Stakeholder Meetings and Focus Groups (Task 3.2): MIG led and participated in two-
c
days of community focus groups and a full-day high school focus group to facilitate the 0
Game of Homes (and Jobs). Initially,these were assumed to be virtual and more
conversational rather than interactive.The budget request is to cover the overage.
o 2024 Additional Budget Request: $3,370 Q
PLANNING I DESIGN I COMMUNICATIONS I M A N A G E M E N T I SCIENCEI TECHNOLOGY
119 Pine Street, Suite 400 Seattle, WA 98101 • USA • 206-223-0326 • www.migcom.com
Offices in: California Colorado • New York • Oregon • Texas • Washington
Packet Pg. 38
4.E.b
m
N
• Community Engagement(Tasks 3.3,3.7, and 3.8):The Public Engagement Plan (PEP) o
recommended best practices and effective strategies to increase collaboration with
community-based/local organizations and engagement with populations that are Q
traditionally under-represented in city and planning processes.The contract amendment
includes funds to compensate community members for ongoing participation in the
Community Advisory Group (CAG) by providing up to$90.00 for each meeting attended. It Q.
also includes up to$6,000 in compensation for outreach collaboration with community-
based organizations as well as nominal incentives,such as grocery gift cards,to increase
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participation with individuals in the community.
o Additional Budget Request: $12,166 y
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• Chapter 2: Land Use Element(Task 4.2):MIG assumed the Buildable Lands Inventory
(BLI) from King County would be sufficient. However,this was not the case. MIG updated E
the BLI and reviewed the City's permit and development information to ensure the C
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inventory was reflective of what is actually occurring in the City.The additional budget N
request includes analysis of the City's permit information,more extensive updates of the N
Land Use Element and additional modeling for the DEIS. `o
o Additional Budget Request: $10,000
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• Chapter 3: Housing Element(Task 4.3): MIG assumed much of this chapter would be
pulled from the recent Kent Housing Opportunities Plan.After reviewing State guidance
on the Housing Element that were not available when the original scope and budget was
developed, MIG requests additional budget to meet those requirements.The additional
budget request includes drafting of the chapter,ensuring HB1220 requirements are
addressed,and conducting an analysis for emergency housing. 0
o Additional Budget Request: $15,000
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• Chapter 6: Utilities Element(Task 4.6): This additional budget request includes w
additional coordination,oversight,and communications with utility service providers c
outside of the City of Kent.MIG will,as appropriate,review relevant existing utility plans, v
coordinate with service providers and the City's Public Works department and complete ,N
the Utilities Element of the Comprehensive Plan. M
o Additional Budget Request: $10,000
■ Please note that this request may be removed if the City's Public Works c
Department agrees to lead the effort. a�
• Chapter 11: Climate Element(Task 4.11):Work conducted for this element includes
initial upfront coordination specifically related to the Climate Element between MIG staff w
and Kent staff.Coordination and meetings with Cascadia (who provided some high-level c
general policies to build off of for the climate element).Finally, drafting the climate impact E
sections and researching Kent-specific project climate impacts using state and regional
sources to help inform the policies that were drafted.The additional budget request
includes completing the chapter draft. a
o Additional Budget Request: $3,000
MIG. Inc.
Packet Pg. 39
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• EIS(Task 5): MIG assumed the existing Comprehensive Plan DEIS (City of Kent 0
Comprehensive Plan Review and Midway Subarea Planned Action EIS 2010)would have
significant information that would be pulled into the DEIS. However,we were only able to Q
pull minimally into the affected environment sections and additional review and analysis
was required.Work(not including the impact analysis and mitigation sections) included:
o Providing large new sections for the Affected Environment as some information Q.
was missing or sources were over 15 years old (e.g.,native plant species list in
DEIS comes from personal communications with City staff; pulling in more recent
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hazard data,traffic data,housing, employment, etc.) m
o Drafting the Regulatory Environment for each section of the EIS to reflect current y
federal,state,and regional/local requirements before presenting the impact
analysis or mitigation measures.While the Natural Environment section of the i
2010 DEIS does contain a regulatory environment section (the only one of the Q'
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seven sections in the existing DEIS that does),it's at such a level that some of the C
existing regulatory mechanisms the City could rely on instead of mitigation are N
missed (e.g., Migratory Bird Act is missing,Shoreline Master Program lacks N
information on how this existing program mitigates environmental impacts).The `o
other regulatory environment sections for other chapters had to be created.
o Drafting impact threshold sections.The existing DEIS and other City SEPA m
documents did not include thresholds that communicate when the team/City
considers an impact significant.The creation of these required additional team
coordination. E
o The original scoping did not include incorporating the DSAP into the DEIS.
Paragraphs were added to the Affected Environment to include more discussion of
the DSAP planning area. 0
o Finally,new legislation passed since 2010 required either changes to the
regulatory environment or what the city is required to analyze/do (e.g.,middle
housing; racially disparate impacts,etc.). w
o Additional Budget Request: $35,000 0
■ Please note that MIG the budget estimated for Task 5.5 is dependent on v
the number of comments received and the depth of analysis necessary to ,N
respond.While MIG is prepared to lead this effort,if we find that it takes M
more time to respond,assistance from the city may be requested to
complete this task.
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• Supplemental Staff Support(Task 6): MIG will provide the City additional project
support as requested by the Long Range Planning Manager/Comprehensive Plan Update z
Project Manager. w
o Additional Budget Request: $30,000
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The maximum total for the tasks outlined above is $130,000.This is a maximum amount not to
be exceeded unless the City authorizes a change to the scope of work.
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MIG. Inc.
Packet Pg. 40
4.E.b
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We look forward to continuing the project and presenting a 2044 comprehensive plan that will be .7
a roadmap for the City and meet the requirements of the periodic comprehensive plan update per
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Sincerely, Q.
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Southisone S. Garner
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MIG Project Manager and Planner m
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Kent Comprehensive Plan Update Amendment
2023 Budget Status Original Budget Spent to Date Remaining Budget Request
1 Project Management I
1=ProjectManagement/Team Oversight $ 21,320 $18,955.00 2,365
1.2 Team Meetings/Coordination Calls (80) $ 26,400 $19,427.50 6,973 $ 8,000
Subtotal $ 47,720 I $38,382.50 $ 9,338 $ 8,000
2 Project Initiation • Information Gathering
2.1 Project Kickoff $ 4,400 $5,153.58 (754)
2.2 Plans Review $ 4,520 $4,425.00 95
2.3 Comprehensive Plan Regulatory and Equity Assessments $ 15,410 $15,482.50 (73)
2.4 Baseline Conditions Analysis $ 14,070 $12,285.99 1,784
2.5 Land Use and Planning Board/City Council Work Session $ 4,180 $7,644.02 (3,464) $ 3,464
Subtotal $ 42,580 $44,991.09 I $ (2,411) $ 3,464 N
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3 Baseline Analysis
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3.1 Public Engagement Plan $ 4,930 $5,365.00 (435) a
3.2 Stakeholder Meetings and Focus Groups $ 6,780 $10,149.70 (3,370) $ 3,370
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3.3 Community Advisory Committee Meetings(6) $ 24,420 24,420 $ 12,166 '
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3.4 Public Engagement Toolkit $ 7,170 $7,627.50 (458) a
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3.6 Community Kickoff and Scoping $ 24,560 $24,412.92 147
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3.7 Community Priorities and Values Workshop $ 19,800 19,800 L
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3.8 Draft Future Land Use Map Open House $ 19,800 19,800 E
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3.9 Project Website and Logo $ 21,220 $20,311.25 909 N
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Subtotal $ 128,680 I $67,866.37 I $ 60,814 $ 15,536
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4.1 Chapter 1: Profile and Vision $ 4,460 $1,815.00 2,645 '0
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4.2 Chapter 2: Land Use Element $ 28,000 $33,093.94 (5,094) $ 10,000
4.3 Chapter3: Housing Element $ 12,930 $14,290.00 (1,360) $ 15,000
4.4 Chapter 4: Transportation Element $ 59,480 $6,073.32 53,407 0
_
4.5 Chapter 5: Parks & Recreation Element $ 5,720 $1,915.00 3,805
4.6 Chapter 6: Utilities Element $ 4,980 4,980 $ 10,000 0
4.7 Chapter 7: Human Services Element $ 3,390 3,390 N
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4.8 Chapter 8: Economic Development Element p p $ 3,390 $2,375.00 1,015
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4.9 Chapter 9: Capital Facilities Element $ 4,110 4,110 �
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4.1 Chapter 10: Shoreline $ 2,380 $480.00 1,900
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4.11 Chapter 11: Climate Element $ 7,910 $9,197.50 (1,288) $ 3,000 w
4.12 Land Use and Planning Board Meetings (2) $ 5,900 $1,740.00 4,160
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4.13 Board, Committtee and Council Presentations (8) $ 23,600 $4,350.00 19,250
Subtotal 166,250.00 $75,329.76 $ 90,920 38,000.00 a
Draft
5.1 Scoping $ 5,500 $4,985.00 515
5.2 DEIS Outline $ 8,660 $5,517.50 3,143
5.3 Preliminary DEIS $ 35,600 $38,648.75 (3,049) $ 21,500
5.4 Draft EIS with 30-Day Review Period $ 74,030 74,030 $ 8,500
5.5 Final EIS $ 22,180 22,180 $ 4,000
5.6 SEPA Ordinance and Implementation Memorandum $ 6,840 6,840 $ 1,000
Subtotal $ 152,810 $49,151.25 1 $ 103,659 $ 35,000
Supplemental . . .
6.1 Supplemental Staff Support $ - $ 30,000
Packet Pg. 42
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Downtown Subarea Plan (DSAP) Update: City Goals
1. Comply with PSRC centers requirements to ensure continuity of funding/grant opportunities
2. Evaluate boundaries and understand their various purposes:this will include a variety of topics N
(the DSAP area is much larger than the downtown PSRC centers designation, KDP is looking to 0
establish their boundaries, need to meet PSRC centers "activity unit" amounts, discuss any
adjustments, etc.) a
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3. Create a plan that is visionary yet realistic about market expectations.The plan should identify
some short-term action items that can be achieved in the next 5 years.
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4. Coordinate and leverage opportunities (ie:TIF, Brownfields grants, etc) '
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5. Explore private and public open space, recreational opportunities, etc.
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6. Remove Planned Action Ordinance (PAO) and incorporate into Comp Plan SEPA EIS the infill
development exemption N
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Total Downtown Subarea Plan Budget: $280,000 (includes 10% Administrative Fee)
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Task 7.1 Project Management/Downtown-Related Team Meetings o
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Task 7.11 PM/Management Meetings ,o
MIG will provide project management for the DSAP, including coordination with the Comprehensive Plan. c
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Project management meetings will also include technical leads, as needed, to coordinate with the broader E
comprehensive plan team on specific tasks for the DSAP. DSAP coordination meetings are assumed to occur as W
part of the Comprehensive Plan PMT
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Task 7.12 Land Use and Planning Board/City Council Meetings
MIG will prepare for and present at up to four Land Use and Planning Board and City Council meetings to 0
provide updates and gather input on the DSAP (in addition to those assumed for the Comprehensive Plan).As
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needed, MIG will assist in preparations for additional meetings where City staff are presenting.As needed the N
DSAP and Comprehensive Plan can be presented at the same meetings, sessions or other appropriate venue 0
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and format, determined by City staff.
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Task 7.13 Project Kickoff 0)
MIG, Fehr& Peers, and CAI will coordinate with the City to schedule and facilitate an in-person approximately Ta
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three-hour kickoff meeting to (1) identify specific measures of success for the DSAP; (2) define key elements, 4-
task dependencies, and completion of the project, including alignment with the Comprehensive Plan; and (3)
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discuss outreach strategy. Team members will also tour the Downtown area, documenting key features and
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locations. W
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Total Task 7.1 Budget: $22,870 E
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Task 7.2 Public Engagement (Downtown Focused)
Task 7.21 DSAP Working Group
MIG will work with the City to plan for and facilitate a DSAP Working Group to review and provide input on
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the project at major project milestones related to Downtown. MIG assumes up to four meetings that will be L
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up to 2 hours each. Working Group participants could also be part of the Comprehensive Plan advisory group, E
provided they have a connection to the DSAP area. Q
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Task 7.22 Downtown Focused Interviews
MIG and CAI will facilitate up to 10 individual meetings or focus groups focused on downtown issues and
opportunities. Meetings may be in person or virtual.The City will contact and organize the meeting attendees. c�a
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Focus groups may include City staff and leadership,as well as others with and interest in Downtown, including:
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• Businesses
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• Land and property owners i
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• Developers E
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• Kent Downtown Partnership, Kent Chamber of Commerce, and Kent Station C)
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• Service providers and service based organizations c
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• Residents `o
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• Housing and Commercial Management Companies
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• Kent partners for significant events(Lions, Kiwanis, etc.) E
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MIG will facilitate the meetings and provide a summary of input following the conclusion of all meetings and
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focus groups.
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Task 7.23 Engagement (Comprehensive Plan Community Priorities Workshop)
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As part of the Comprehensive Plan Community Priorities Workshop MIG will also provide opportunities to
discuss the DSAP and the specific elements assumed to be covered within the DSAP. Focus will be primarily on r
growth assumptions and other elements that support both plans. N
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Task 7.24 Downtown-Focused Open House L)
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After the Administrative Draft Downtown Subarea Plan is completed (see Task 6.2) MIG will coordinate with LO
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the City to host an open house or similar activity/event to provide the community and interested parties an
opportunity to discuss the draft DSAP and provide comments.This open house will include displays of the draft
plan and interactive ways to identify priority elements and actions that should be highlighted in the prioritized ml
list of actions.
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Task 7.25 Pop-Up Events w
MIG will provide information, such as board and infographics, for up to two pop-up events held in the DSAP
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area. MIG assumes that the City will coordinate and manage these events. MIG will provide summaries of the E
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results of the events.
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Total Task 7.2 Budget: $44,190
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Task 7.3 Existing Conditions
Task 7.31 Downtown Mapbook
MIG will develop a Mapbook suitable for incorporation on the City's website that provides information about
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existing conditions related to downtown that has not already been collected during the comprehensive plan L
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(although some existing information may need to be reformatted). MIG will provide online versions of the r
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maps, as data allows, and will also provide all data and native files associated with maps for City use. MIG Q
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assumes it will collect and map the following information, as available:
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• Vacant and underutilized lands Q-
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• Ownership (public/private) f°
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• Critical Areas and floodplain >
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• Parks, Open Space, and Trails
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• Transit (existing and future) a
• Transportation network(existing and future) 0
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• Utilities and capacity considerations N
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• Brownfields
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• Development(since the existing DSAP was adopted) and project pipeline
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• Revenue generated by Downtown businesses and events E
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• Development that has occurred since the SEPA Planned Action Ordinance was adopted. This a)
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information will also be gathered through interviews completed in Task 2.2. 0
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• Projects using Multifamily Tax Exemption funding(as feasible) r
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Task 7.32 Granular Assessment
MIG will complete a granular assessment of Downtown streets,building frontages,landscaping,parks and open r
space,and other elements to identify areas of focus for specific future interventions.The focus of the granular v3i
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assessment is to identify, from a pedestrian and placemaking perspective, the Downtown environment and 0
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where specific actions might be appropriate to improve the vitality of the district.The granular assessment is N
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assumed to include the following analysis: r00
• Ground floor activity
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• Connectivity and identity between Downtown areas pp�
• Facades and existing activation
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• Parks and open space w
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• Pedestrian and bike connectivity m
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• Landscaping and natural environment
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• Brownfields Q
• Existing wayfinding
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The outcomes of the granular assessment will be series of maps with specific issues and potential actions that
can be used to develop short, medium and long-term implementation plans. The granular assessment will
incorporate, as needed, mapbook information completed in previous tasks.
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Task 7.33 Market Analysis o
Community Attributes will utilize guidance in Vision 2050 and PSRC's updated Regional Centers Framework to r
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undertake a market analysis of the Downtown subarea that fulfills regional center requirements. Q
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Preliminary Boundary Analysis: CAI will collaborate on a preliminary analysis of the various existing boundary
definitions of Downtown aimed at identifying a consensus boundary of the subarea upon which to base our Q-
market analysis metrics. In addition to existing GIS shapes, relevant data for establishing boundaries may
include, but is not limited to, demographic data and trends and/or selected real estate market indicators. a
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Market Study: Using the selected Downtown Subarea Boundary, analysis will include an assessment of c
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demographic, economic, workforce, and housing data and trends, including employment and population
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forecasts. Real estate market indicators will be developed including vacancy and lease rates, sales, and Q'
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deliveries and absorption by type. The analysis will establish baseline figures for activity units and density in Lj
the subarea and will ascertain zoned development capacity to inform strategies to meet growth targets. c
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Regional Centers Framework Criteria: The Puget Sound Regional Council's Regional Centers Framework `0
checklist includes seven areas of planning that each Regional Center must meet. CAI will synthesize existing c
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conditions findings to identify areas of non-compliance for quantitative criteria such as existing density and E
market potential.This summary will inform planning strategies and recommendations for the draft DSAP plan. 4)
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CAI will summarize preliminary findings in a brief technical memo.The complete market study and supporting
framework criteria will be summarized in a technical memo for inclusion, as needed, in the draft DSAP. r
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Total Task 7.3 Budget: $58,240
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Task 7.4 Vision and Goals
Task 7.41 Draft and Final Vision and Goals LO
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Using the information through the Downtown focus groups, Working Group, and Comprehensive Plan
engagement process, MIG and the City will confirm or update, as needed, the Downtown vision described in
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the current Downtown Kent Plan.As part of this confirmation process,MIG and the City will update the existing ml
goals to incorporate community, interested party input, and Vision 2050. The outcome of this task will be a
brief memorandum describing the vision and goals for the project.
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Total Task 7.4 Budget: $3,860
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Task 7.5 Downtown Development and Design Concept
Task 7.51 Growth Targets Analysis
MIG and CAI will prepare a brief memorandum that documents compliance with the PSRC regional center
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growth targets and activity units. Analysis will be completed using information gathered through the L
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Comprehensive Plan and scenario planning process completed for the Comprehensive Plan, market and pro- r
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forma analysis to identify existing and projected growth within the Downtown regional center boundary. The Q
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outcome of this task will be a brief memorandum with tables and other supporting information necessary to m
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meet PSRC requirements. 0.
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Task 7.52 Urban Design Concept
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MIG will develop a layered Downtown map using information gathered from existing plans for streetscape,
parks, and other known capital improvement projects, the results of the granular analysis, and known
development projects in Downtown. The Urban Design Concept will form the basis of capital facility and t
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placemaking recommendations for the plan. Expected components of the Urban Design Concept include: Q.
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• Streetscape recommendations and cross sections, as appropriate,for streets within the Downtown c)
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boundary.These will also include recommendations for pedestrian and bicycle amenities 04
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• Land use and urban design recommendations, including recommendations for connecting important `-
civic spaces, including City Hall,the Library, ShoWare, and Kent Station train platform
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• Parks and trails connectivity within the Downtown area E
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• Environmental considerations and integration, including best practices for flood prone areas
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• Safety considerations and CPTED
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• Design review—Best practices update,what works,what doesn't, added costs vs. benefits?
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• Up to four visualizations of Downtown, illustrating components of the Urban Design Concept
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Task 7.53 Transportation Analysis
Fehr & Peers will provide supplemental information and guidance as necessary and requested for the o
Downtown Subarea Plan and the boarder concurrent Comprehensive Plan effort.This may include an analysis L)
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of transportation needs in downtown Kent as part of the Downtown Strategy Action Plan. Admin time, LO
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coordination, and one in person meeting at the city are included in the task budget.
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The requested information may include a transportation assessment where Fehr & Peers will work with City
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staff and the project team to identify potential project ideas and recommend network changes for Downtown. m
To the extent possible, the analysis would leverage work developed for the 2021 TMP, including existing
conditions documented in the TMP. x
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To support the incorporation of the DSAP work into the Comprehensive Plan EIS,the following elements could aa)
be evaluated as part of this transportation assessment or informed by previous contracted efforts by the city: M
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• Vehicle/Freight: Multimodal Intersection level of service (MMLOS)for 2044 PM Peak Hour conditions Q
at Downtown intersections identified in the TMP.
• Transit: identify key routes under existing and planned conditions.
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• Potential impacts and project ideas related to active transportation will be discussed qualitatively.
• Safety(Coordinated with City of Kent's- Local Road Safety Plan update)
• Parking Best Practices memorandum
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Documentation `o
Fehr & Peers will draft the transportation chapter for MIG to incorporate into the DSAP. The transportation
chapter will leverage the summary and analysis completed for the TMP and Comprehensive Plan. This task Q
assumes that graphics will be used from the City of Kent's TMP and Comprehensive Plan as well as
incorporation of one round of consolidated edits from City staff. If it is determined that a Supplemental EIS is Q-
necessary, a separate scope and fee will be developed on a time and materials basis.
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Optional Task: Transportation Visioning
If requested, Fehr& Peers can lead a 2-hour transportation charrette-style workshop to brainstorm with staff
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ways to improve safety, connectivity, and efficiency on Downtown roadways.This would be an opportunity to
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revisit the transportation networks from the TMP, focusing on the Downtown Subarea. If requested, we can Q-
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vet these ideas by taking staff on a walking audit of downtown roads to identify potential solutions on the fly, L j
to be revisited and built upon in the planning process. N
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Task 7.54 Utilities `o
MIG will coordinate with the City's Public Works department to identify where additional utilities will be c
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required to support growth assumptions. MIG assumes the growth assumptions identified for the DSAP will be E
the same as the future land use map developed for the Draft Comprehensive Plan and utilities analysis aa)
completed for the EIS.
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MIG will summarize the anticipated utilities information provided by the Public Works Department. The r
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summary will include a prioritized set of recommendations for projects, consistent with the future land use 0
map, streetscape projects,and utility plans.
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Task 7.55 Pro Forma Analysis
CAI will conduct a feasibility analysis to provide the City with an understanding of overall development Lj
feasibility within the Downtown Subarea. The City of Kent and CAI will collaborate to define up to 3 CN
development scenarios, including a selection of residential, commercial, industrial, or mixed use development c°vh°
types depending on the City's interests.CAI will conduct research and analysis, leveraging the market study,to
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establish reliable assumptions for inclusion in a pro forma model. CAI will rely on the City of Kent to provide 4-
data to define scenarios and will use both publicly available data as well as commercial real estate data (such m
as CoStar)to fill any gaps on data required. Specific subtasks will include:
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• Collaborate with City of Kent to define up to 3 development scenarios
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• Develop a data request to share with City of Kent E
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• Collect remaining data required to develop a pro forma model r
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• Develop interview questions for use in Task 2.2 focus groups with developers to review and confirm Q
data and assumptions
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• Summarize findings on development feasibility within the Downtown subarea
Total Task 7.5 Budget: $99,710
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Task 7.6: DSAP Plan
Task 7.61 Preliminary Plan Outline a
MIG will generate an annotated outline for the DSAP that will provide an overall snapshot of the Plan °'
organization, document format ("mock-ups" of sample page layouts), and a list of proposed graphics. The 3
anticipated sections of the DSAP will include the following:
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• Executive Summary a�
• Introduction and PSRC requirements, including background of previous planning efforts c
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• Vision and Downtown context
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• Regional Center boundary 0
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• Activity Unit capacity `*
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o Housing N
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o Employment
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• Land Use and Urban Form E
o Layered maps
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o Visualizations
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o Parking policies r
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• Multimodal Connectivity c0�
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o Bike c�v
o Ped N
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o Roadway V
o Rail considerations and planned projects, including quiet zone LO
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• Parks and Open Space
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• Streetscape ;-
• Prioritized action/projects plan (5 year plan)for each section listed above m
• Funding and Financing Options x
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o What does the plan call for and what is it going to cost ;
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o TIF
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o Incentives U
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o Other potential funding and financing options Q
• Development Code and Design Guideline Updates
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Task 7.62 Administrative Draft Plan
MIG will develop an Administrative DSAP, including charts, maps, and figures. The Administrative Draft Plan
will be in a Word-based text format with associated key graphics as an attached companion.The narrative will
make references to clearly identified graphics that will be attached after the conclusion of the narrative. MIG N
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assumes three rounds of review. Upon completion of the editing process, MIG will produce the formatted 0
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document using InDesign, providing electronic versions to the City for review and submittal to the Land Use
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and Planning Board and City Council for review.
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Task 7.63 Review, Approval, and Adoption Process �.
MIG and the City will jointly present the draft the Land Use and Planning Board and City Council for review.
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MIG assumes that it will present at up to four meetings of the Land Use and Planning Board and City Council, a
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for a total of eight meetings. Up to two Consultant team members will be present for the meetings As feasible, >_.N
the DSAP and Comprehensive Plan can presented at the same meetings.
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Task 7.64 Final Plan �-
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MIG will incorporate feedback gathered throughout the review and approval process into a final DSAP 0
document optimized for printing and posting online. MIG assumes two rounds of review and printing to be N
completed by the Client. MIG will provide print-ready and web versions of the plan. MIG will provide the N
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InDesign files to the City at completion of the project. 0
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Total Task 7.6 Budget: $40,874 E
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e s t i m a t e d p r o j e c t c o s t
Direct
MIG Fehr&Peer Subconsultant Totals Costs T.t.l.
$280,000
1 Project Management
1.1 PM/Management Meetings 92 $5,900 $0 $0 $0 $5,900 L
1.2 Land Use and Planning Board/City Council Meetings(4) 32 $5,840 $0 $0 $0 $2,000 1 $7,840 G
++
1.3 Project Kickoff 28 54,450 $2,860 $1,070 $3,930 $750
Subtotal 92 516,190 $2,8601 $1,070 1 $3,9301 $2,7502 Public Engagement $22,R70 a
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1.
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2.1 DSAP Working Group(4) so $10,860 $0 $0 $0 $3,000 $13,860 4+
2.2 Downtown-Focused Interviews 92 $5,020 $0 $5,320 $5,320 $500 $10,840 Q.
2.3 Engagement(Comprehensive Plan Community Priorities Workshop) 34 $4,890 $0 $0 $0 $4,890
2A Downtown-Focused Open House 66 $8,980 $0 $0 $0 $1,000 $9,980
2.5 Pop-Up Events 36 $4,620 $0 $0 $0 $4,620 d
Sabmml 228 $34,370 $0 $5,320 $1,120 $4,500 $44,190 d
3 Existing Conditions
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3.1 Downtown Mapbook 70 $9,660 $0 $0 $0 $9,660
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3.2 Granular Assessment 110 $14,620 $5,920 $0 $5,920 $20,540
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3.3 Market Analysis s $1,060 $0 $26,980 $26,980 $28,040 L
Submml 186 $25,340 $5,920 $26,980 $32,900 $0 $58,240
4 Vision and Goals
4.1 Draft and Final Vision and Goals 26 $3,860 $0 $0 $0 $3,960 V
Sub+oml 26 $3,860 $0 $0 $0 $0 $3,860 N
5 Downtown Development and Design Concept r4
5.1 Growth Targets Analysis 70 $8,940 $0 $0 $0 $8,940 L.
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5.2 Urban Design Concept 214 $24,780 $0 $0 $0 $24,7R0
5.3 Transportation Analysis
5.3.1 Transportation Assessment 8 $1,320 $31,550 $0 $31,550 $32,870
5.3.2 Documentation 4 $660 $12,810 $0 $12,810 $13,470
5.3.3 Optional Task:Transportation Visioning 0 $0 $0 $0 $0 $0
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5.4 Utilities 22 $2,610 $0 $0 $0 $2,610 M
5.5 Pro-Forma Analysis 6 $990 $0 $16,050 $16,050 $17,040 �..1
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Submmt 324 $39,300 $44,360 $16,050 $60,410 $0 $99,710 L
++
6.1 Preliminary Plan Outline 2 $400 $0 $0 $0 $400 C
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6.2 Administrative Draft Plan 180 $24,300 $0 $0 $0 $24,300 �..1
6.3 Review,Approval and Adoption Process 32 $5,840 1 $0 $0 $0 $2,000 $7,840 +�+
6.4 Final Plan s6 $8,334 $0 $0 $0 $8,334 7
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Submml 274 $38,874 0 $0 $0 $2,000 $4Q874
Professional Time and Costs Subtotal 0
1 $157,934 $53,140 $49,420 $102,560 $9,250 $269,744f 1
l0%Adminishative Fee $10,256
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Total Project Cost :1 111 00
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4.F
PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT
4^4� Julie Parascondola, CPRO, Director
•
KENT 220 Fourth Avenue South
WASHI NGTON Kent, WA 98032
253-856-5100
DATE: January 16, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: Kiwanis 4 Tot Lot Playground Renovation
SUMMARY: Park Planner, Kerry O'Connor will provide Council with an update on
the Kiwanis 4 Tot Lot Playground Renovation.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
Packet Pg. 52
4.G
PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT
4^4� Julie Parascondola, CPRO, Director
•
KENT 220 Fourth Avenue South
WASHI NGTON Kent, WA 98032
253-856-5100
DATE: January 16, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Kherson Property Purchase - Authorize
MOTION: I move to authorize the Mayor to take all action necessary and to
sign all documents to purchase the Peyton property for $347,000, plus
closing costs, upon terms and conditions acceptable to the Parks Director
and City Attorney.
SUMMARY: The Peyton Property is approximately 5,400 square feet in size and is
located at 308 West Meeker Street, Kent, WA 98032-5895: King County Tax Parcel
Number 982570-0385.
This acquisition will allow the City to increase the size of the popular Kherson Park
in downtown. Acquisition of the property will be covered by existing City funds.
In the interest of time, the Purchase and Sales Agreement was signed by the seller
and Mayor on December 8, 2023, subject to City Council Approval.
If approved by the Committee of the Whole, this Purchase Agreement will proceed
to Council for final action this same night on its Consent Calendar.
BUDGET IMPACT: Purchase will be funded through the Parks Capital Budget.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Kherson-Peyton Signed PSA Exhibit A (PDF)
Packet Pg. 53
4.G.a
REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
This Agreement is entered between the CITY OF KENT, a Washington N
municipal corporation, ("Buyer") whose mailing address is 220 4t" Avenue South,
Kent, Washington 38032-5895, and Robert W. Peyton, III, ("Seller") whose a
mailing address is 1950 Alaskan Way #435, Seattle, WA 98101, for the sale and y
purchase of real property as follows:
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1. PROPERTY. The Property, which Buyer agrees to buy and Seller agrees �
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to sell, is a vacant to known as King County Tax Parcel Number 982570-0385, located
at 308 W Meeker St., Kent, WA 98032 (the "Property"). The Property is legally c
described in Exhibit "A", attached hereto and incorporated herein by this reference.
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2. EARNEST MONEY. Within 15 business days of mutual acceptance of M
this Agreement, Bu M
yer shall deposit with Fidelity National Title Insurance Company a
(the "Escrow Agent)(), the sum of Five Thousand Dollars ($5,000) in the form of a
Certified Check, as rl fundable earnest money to be applied toward the purchase price w
of the Property payable at Closing. If this agreement is terminated for any reason, N
the Earnest Money shall be returned to Seller in full within 5 business days of
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termination. T
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3. PURCF ASE PRICE. The total purchase price for the Property is three-
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hundred forty-seven thousand dollars ($347,000), including Earnest Money, payable o
on Closing.
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4. CONTIINGENCIES. This Agreement is contingent upon:
(a) Buyer's receipt of Seller's information contained in the Real U
Property Transfer Disclosure Statement ("Disclosure Statement") r
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the form of which is set forth in Exhibit "B." The Disclosure
Statement shall be completed by the Seller within 15 business
ays from the date of mutual acceptance of the Agreement.
Real Estate Purchase and Sale Agreement Page 1 of 7
Packet Pg. 54
4.G.a
ithin 10 days of Buyer's receipt of the Disclosure Statement
from Seller, Buyer shall either approve and accept the Disclosure
tatement, or rescind the Agreement to purchase the Property,
in its sole and absolute discretion. If Buyer does not deliver a
written rescission notice to Seller within the ten-day period, the
Disclosure Statement will be deemed approved and accepted by o
Buyer. a
(b) City Council Authorization as provided in Section 18 below.
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Should any of the contingencies not be met prior to Closing, then this Agreement a
shall terminate and neither Buyer nor Seller shall have any further rights, duties or
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obligations hereunder, except that the Earnest Money in Escrow shall be immediately o
returned to Buyer.
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S. CONVEYANCE AND CONDITION OF TITLE. The title to the Property Y
shall be conveyed by Seller to Buyer at Closing by Statutory Warranty Deed, in a M
form substantially as that provided in Exhibit "D", free and clear of all liens,
encumbrances or defects except those General Exceptions described in Schedule B,
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paragraphs A-C and G-] of Title Report Number 611334644, of Exhibit"C", attached x
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hereto and incorporated herein by this reference. All other special exceptions therein, a
except that described in paragraphs 1, 6, and 7, are to be removed on or before a
Closing. General exclusions and exceptions common to the area and not materially
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affecting the value of or unduly interfering with Buyer's reasonable use of the c
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Property shall be permitted. All monetary encumbrances and special exceptions
listed in Exhibit "C", other than those specifically noted above, are to be removed
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on or before closing
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6. TITLE INSURANCE. At Closing, Buyer shall cause Escrow Agent, to
issue standard coverage owner's policy of title insurance to Buyer in an amount
equal to the total �urchase price of the Property. For purposes of this Agreement, a
the following shall not be deemed encumbrances or defects: rights reserved in
federal patents or state deeds, building or use restrictions consistent with current
Real Estate Purchase and Sale Agreement Page 2 of 7
Packet Pg. 55
4.G.a
zoning and utility and road easements of record. If title cannot be made so insurable
prior to Closing, unless Buyer elects to waive such defects or encumbrances, this
Agreement shall to urinate and the Earnest Money shall be returned to Buyer.
7. CLOSING COSTS AND PRO-RATIONS. Excise Tax, if applicable, shall N
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be paid by Seller, except for those fees which are expressly limited by Federal
Regulation. Buye shall pay all escrow fees, recording costs, title insurance a
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premium, the costs of any survey, and the fees and expenses of its consultants.
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Taxes for the curre t year, rents, interest, water, sewer and other utility charges, if
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any, shall be paid by Seller, and prorated as of the day of Closing.
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8. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS °
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OF THE ESSENCE OR THIS AGREEMENT, this sale shall be closed within 90 days of c
the date of mutual acceptance of this Agreement, which shall also be the termination Y
date of this Agreement, unless said Closing date is extended in writing by mutual
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agreement of the parties. When notified, the Buyer and Seller will deposit, without 00
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delay, in escrow with the Escrow Agent, all instruments and monies required to a
complete the transaction in accordance with this Agreement. Closing, for the purpose
of this Agreement, is defined as the date that all documents are executed and the x
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sale proceeds are available for disbursement to the Seller. y
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9. CASUALTY LOSS. If, prior to Closing, the Property shall be destroyed a�
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or materially damaged by flood, earthquake, or other casualty, this Agreement, at c
option of the Buyer, shall become null and void.
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10. POSSESSION. Buyer shall be entitled to possession on Closing.
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11. SELLE 'S REPRESENTATIONS. Seller represents:
(a) that Seller will maintain the Property in present or better condition until U
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time of agreed possession; a
Real Estate Purchase and Sale Agreement Page 3 of 7
Packet Pg. 56
or any violation of laws relating to the Property except:
4.G.a
12. SELL R'S ENVIRONMENTAL REPRESENTATIONS. Seller represents
that, to the best ofSeller's knowledge, Seller is not aware of the existence of, or has
caused or allowed to be caused, any environmental condition (including, without
limitation, a spill, Jischarge or contamination) that existed as of and/or prior to
Closing or any act of omission occurring prior to Closing, the result of which may
require remedial action pursuant to any federal, state or local law or may be the basis
for the assertion of any third party claims, including claims of governmental entities. N
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This provision shall survive Closing and be in addition to Seller's obligation for breach 0
of a representation or warranty as may be set forth herein. a
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13. SELLER'S INDEMNITIES: Seller agrees to indemnify and hold U
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harmless the Buyer, against and in respect of, any and all damages, claims, losses, a
liabilities, judgments, demands, fees, obligations, assessments, and expenses and
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costs, including, without limitation, reasonable legal, accounting, consulting, a
engineering and other expenses which may be imposed upon or incurred by Buyer, c
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or asserted against(Buyer, by any other party or parties (including, without limitation, a�
a governmental entity), arising out of or in connection with any environmental Y
condition existing as i of and/or prior to Closing, including the exposure of any person 00
to any such environmental condition, regardless of whether such environmental
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condition or exposure resulted from activities of Seller or Seller's predecessors in
interest. This indemnityI shall survive Closing and be in addition to Seller's obligation x
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for breach of a rep esentation or warranty as may be set forth herein. y
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14. DEFAULT AND ATTORNEY'S FEES. a,
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(a) Buyer's Default. If Buyer defaults hereunder, Seller's sole remedy shall c
be lim ted to damages against Buyer in the liquidated amount of the
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Earnest Money previously paid by the Buyer. Buyer and Seller intend o
that said amount constitutes liquidated damages and so as to avoid
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4.G.a
other costs and expenses to either party in connection with potential
litigation on account of Buyer's default. Buyer and Seller believe said
amount to be a fair estimate of actual damages.
(b) Sellers Default. If Seller defaults hereunder, Buyer shall have all the
rights and remedies available at law or in equity. L
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(c) Attorney's Fees and Costs. In the event of litigation to enforce any of
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the to ms or provisions herein, each party shall pay all its own costs and a
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attorn y's fees.
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15. NOTICE TO SELLER. This form contains provisions for an agreement
for the purchase and sale of real estate. Buyer makes no warranty or representation a
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of any kind that this form, or any of its provisions, is intended to meet the factual a`
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and legal requirements of a particular transaction, or that it accurately reflects the
laws of the State of Washington at the time Seller enters into the Agreement. THIS Y
AGREEMENT HAS SIGNIFICANT LEGAL AND FINANCIAL CONSEQUENCES. SELLER IS co
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ADVISED TO SEEK INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING M
THESE CONSEQUE CES. a
16. NON-14ERGER. The terms, conditions, and provisions of this x
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Agreement shall not be deemed merged into the deed, and shall survive the Closing y
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and continue in full �orce and effect.
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17. NOTICES. All notices required or permitted to be given hereunder shall c
be in writing and shall be sent U.S. certified mail, return receipt requested, or by a
facsimile transmission addressed as set forth below: o
(a) All notices to be given to Buyer shall be addressed as follows:
Y
Adam Long
Law Department
City of Kent
220 Fourth Avenue South
Kent, WA 98032 a
(b) All notices to be given to Seller shall be addressed as follows:
Real Estate Purchase and' Sale Agreement Page 5 of 7
Packet Pg. 58
4.G.a
Robert Peyton III
1950 Alaskan Way #435
Seattle, WA 98101
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(c) All noti--es to be given to Escrow Agent shall be addressed as follows:
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Lisa Hayes o
Fidelity National Title 3
5006 Center Street, Suite J a
Tacoma, WA 98409
Either party hereto i ay, by written notice to the other, designate such other address
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for the giving of notices as necessary. All notices shall be deemed given on the day
such notice is personally served, or on the date of the facsimile transmission, or on o
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the third day following the day such notice is mailed in accordance with this section. a
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18. CITY COUNCIL ACTION REQUIRED. Seller acknowledges that the Y
closing of the transaction contemplated by this Agreement (the "Closing") is 00
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expressly conditioned on the City of Kent City Council's (the "City Council's") prior M
authorization to bu I the Property under this Agreement ("Council Authorization"), a
which may or may of be granted in the City Council's sole discretion. The City of
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Kent shall not be liable or obligated for any burden or loss, financial or otherwise, w
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incurred by Seller as a result of the City Council's modification of the final terms and a
conditions of this ' greement, or the City Council's failure to grant the Council
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Authorization. (n
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18.1 Seller's Waiver. Seller expressly waives any claim against the 2,
City of Kent and its elected officials, officers, employees, representative and agents a
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for any burden, ex Tense or loss which Seller incurs as a result of the City Council's
failure to grant the Council Authorization.
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19. ENTIRE AGREEMENT. This Agreement, including all incorporated E
exhibits, constitutes the full understanding between Seller and Buyer. There have
been no verbal or other agreements that modify this Agreement. a
Real Estate Purchase and Sale Agreement Page 6 of 7
Packet Pg. 59
4.G.a
20. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding
upon parties hereto and their respective heirs, successors and assigns; and the
terms, conditions a d provisions of this Agreement shall survive the Closing of this
transaction.
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21. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, 3
the date of mutual I cceptance of this Agreement shall be the last date on which the a
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parties to this Agreement have executed this Agreement as indicated below.
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22. EXPIRATION OF OFFER. Seller shall have only until 5:00 pm on
December 8, 2023, to accept the Agreement as written, by delivering a o
signed copy thereof to the Buyer's agent, Adam Long. If Seller does not so a
deliver a signed copy within said period, this Agreement shall lapse and all right of
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the parties hereunder shall terminate. Y
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on M
the date set forth below. Q
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BUYER: CITY OF K NT w
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By: r-
Dana Ralph o
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Its: Mayor c
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Dated: -LOZ
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SELLER: Robert Peyton III E
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By: Q
Its: Own/er
Dated: l al el- i--:�
Real Estate Purchase and Sale Agreement Page 7 of 7
Packet Pg. 60
4.G.a
EXHIBIT A
LEGAL DESCRIPTION
LOT 9 IN BLOCK 6 OF `YESLER'S FIRST ADDITION TO THE TOWN OF KENT, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 5 OF PLATS,PAGE 64, RECORDS OF KING COUNTY; L
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SITUATE IN THE CITY OF KENT,COUNTY OF KING,STATE OF WASHINGTON.
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4.G.a
EXHIBIT B
SELLER'S DISCLOSURE STATEMENT
INSTRUCTIONS TOT E SELLER N
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Please complete the following form. Do not leave any spaces blank. If the question clearly
does not apply to the roperty write "NA." If the answer is "yes"to any * items, please explain Q
on attached sheets. lease refer to the line number(s) of the question(s) when you provide
your explanation(s). Delivery of the disclosure statement must occur not later than five
business days, unlesis otherwise agreed, after mutual acceptance of a written contract to
purchase between a bluyer and a seller.
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NOTICE TO THE BUYER a
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THE FOLLOWING DISCLOSURES ARE MADE BY SELLER ABOUT THE CONDITION OF THE a
PROPERTY LOCATED bT , KENT, WASHINGTON, ("THE c
PROPERTY"), OR AS IEGALLY DESCRIBED ON ATTACHED EXHIBIT A.
SELLER MAKES THE HOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR 1
MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE 00
PROPERTY AT THE TI1 E SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS YOU M
AND SELLER OTHERWISE AGREE IN WRITING, YOU HAVE THREE BUSINESS DAYS FROM C
THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO YOU Q
TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN
STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. IF THE SELLER DOES NOT t
GIVE YOU A COMPLETED DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO w
RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT. �Q
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THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE
REPRESENTATIONS 0 ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS INFORMATION
IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF ANY WRITTEN P
AGREEMENT BETWEEN BUYER AND SELLER. c
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FOR A MORE COMPRE ENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS
PROPERTY YOU ARE 11DVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED a
EXPERTS TO INSPECT1THE PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION, 0
ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS, 'n
BUILDING INSPECTORS, ON-SITE WASTEWATER TREATMENT INSPECTORS, OR Y
STRUCTURAL PEST INISPECTORS. THE PROSPECTIVE BUYER AND SELLER MAY WISH TO
OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY OR TO PROVIDE
APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY E
ADVICE, INSPECTION,I DEFECTS, OR WARRANTIES. U
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Seller is/ _X— is not occupying the property. Q
Seller's Disclosure Sta ement - Page 1 of 5
Packet Pg. 62
I. SELLER'S DISCLOSURES:
*If you answer "Yes" to a question with an asterisk (*), please explain your answer and
attach documents, if available and not otherwise publicly recorded. If necessary, use an
attached sheet.
1. TITLE
19-'�es [ ] No [ ] Don't know A. Do you have legal authority to sell the
property? If no, please explain.
[ ] Yes [ [ ] Don't know *B. Is title to the property subject to any of
the following?
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(1) First right of refusal 0
(2) Option 3
(3) Lease or rental agreement Q
(4) Life estate?
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[ ] Yes No [ ] Don't know *C. Are there any encroachments, boundary
agreements, or boundary disputes? a
[ ] Yes [ [ ] Don't know *D. Is there any leased parking?
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[ ] Yes [ � [ ] Don't know E. Is there a private road or easement a
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agreement for access to the property?
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Yes /o Don't know *F. Are there an rights-of-way, easements ;n
[ ] [ �YN [ ] Y ,
Shared use agreements or access limitations? Y
[ ] Yes [JAoi [ ] Don't know *G. Are there any written agreements for joint M
maintenance of an easement or right-of-way? M
[ ] Yes [qlo [ ] Don't know *H. Are there any zoning violations or Q
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nonconforming uses? Z
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[ ] Yes [ No [ ] Don't know *I. Is there a survey for the property? w
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[ ] Yes [� [ ] Don't know *J. Are there any legal actions pending or a
threatened that affect the property?
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[-rYes [ ] No [ ] Don't know *K. Is the property in compliance with the in
Americans with Disabilities Act? c
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2. WATER
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[ ] Yes [/No [ ] Don't know *Are there any water rights for the property, 0
such as water right permit, certificate, or claim?
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Seller's Disclosure Statement - Page 2 of 5
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4.G.a
3. SEWER/ON-SITE SEWAGE SYSTEM
[ ] Yes [t],No [ ] Don't know *Is the property subject to any sewage system
fees or charges in addition to those covered in
your regularly billed sewer or on-site sewage
system maintenance service?
4. STRUCTURAL
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[ ] Yes [�'I IC�o [ ] Don't know *A. Has the roof leaked within the last five L
years? 0
[ ] Yes VNo [ ] Don't know *B. Has any occupied subsurface flooded or Q
leaked within the last five years? y
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[ ] Yes [Q-,<o [ ] Don't know *C. Have there been any conversions,
additions, or remodeling?
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[ ] Yes [ ] No [ ] Don't know *(1) If yes, were all building permits
obtained? a
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[ ] Yes [ ] No [ ] Don't know *(2) If yes, were all final inspections
obtained? 0
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[ ] Yes PrNo [ ] Don't know *D. Has there been an settling, slippage, or Y
sliding of the property or its improvements?
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[ ] Yes [ �No' [ ] Don't know *E. Are there any defects with the following: °;
' -
(If yes, please check applicable items and
explain.) Q
❑ Foundations ❑ Windows X
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❑ Doors ❑ Slab Floors w
❑ Ceilings ❑ Outbuildings Q
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❑ Sidewalks ❑ Exterior Walls a
❑ Other ❑ Siding
❑ Interior Walls P
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S. SYSTEMS AND FIXTURES
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[ ] Yes [U/Ko [ ] Don't know *A. Are there any defects in the following o
systems? If yes, please explain. L
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[ ] Yes [y'IVo' [ l Don't know (1) Electrical system Y
[ ] Yes [' No [ ] Don't now (2) Plumbing system
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[ ] Yes [ No [ ] Don't know (3) Heating and cooling systems U
[ ] Yes [ I/K6 [ ] Don't know (4) Fire and security system Q
Seller's Disclosure Statement - Page 3 of 5
Packet Pg. 64
4.G.a
[ ] Yes [ ] No [ ] Don't know (5) Carbon monoxide alarms
6. ENVIRONMENTAL
[ ] Yes [Q/No [ ] Don't know *A. Have there been any flooding, standing
water or drainage problems on the property that
affect the property or access to the property?
[ ] Yes [q to [ ] Don't now *B. Is there any material damage to the
property from fire, wind, floods, beach
movements, earthquake, expansive soils, or
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landslides? 'o
[ ] Yes [-q-Ivo [ ] Don't know *C. Are there any shorelines, wetlands, Q
floodplains, or critical areas on the property?
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[ ] Yes [J-No [ ] Don't now *D. Are there any substances, materials, or
products on the property that may be 2
environmental concerns, such as asbestos, a
formaldehyde, radon gas, lead-based paint, fuel
or chemical storage tanks, or contaminated soil
or water? 0
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[ ] Yes [ to [ ] Don't know *E. Is there any soil or groundwater
contamination? w
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[ ] Yes [,INo [ ] D'on't know *F. Has the property been used as a legal or Y
illegal dumping site? co
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[ ] Yes [ JANo [ ] Don't know *G. Has the property been used as an illegal M
drug manufacturing site? Q
7. FULL DISCLOSURE BY SELLERS
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A. Other conditions or defects: W
[ ] Yes [eo [ ] Don't now *Are there any other existing material defects a
affecting the property that a prospective buyer a-
should know about?
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B. Verification: U)
The foregoing answers and attached explanations c
(if any) are complete and correct to the best of
my/our knowledge and I/we have received a a
copy hereof. I/we authorize all of my/our real o
estate licensees, if any, to deliver a copy of this In
disclosure statement to other real estate
licensees and all prospective buyers of the 1
property.
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NOTICE TO THE BUYER
INFORMATION REGA DING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL
LAW ENFORCEMENT AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF
WHERE TO OBTAIN THIS INFORMATION AND IS NOT AN INDICATION OF THE PRESENCE OF
REGISTERED SEX OFFENDERS.
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II. BUYER'S ACKNOWLEDGMENT o
A. Buyer hereby 3cknowledges that: Buyer has a duty to pay diligent attention to any '
material defects that are known to Buyer or can be known to Buyer by utilizing diligent Q
attention and observation. y
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B. The disclosures set forth in this statement and in any amendments to this statement 2
are made only by the Seller and not by any real estate licensee or other party. a
C. Buyer acknowledges that, pursuant to RCW 64.06.050(2), real estate licensees are a
not liable for inaccurate information provided by Seller, except to the extent that real estate 0
licensees know of suchinaccurate information. a`
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D. This information is for disclosure only and is not intended to be a part of the written w
agreement between the Buyer and Seller.
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E. Buyer(which term includes all persons signing the "Buyer's acceptance" portion of this co
disclosure statement below) has received a copy of this Disclosure Statement (including M
attachments, if any) bearing Seller's signature.
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DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER
BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER
COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER OTHERWISE w
AGREE IN WRITING, BUYER SHALL HAVE THREE BUSINESS DAYS FROM THE DAY SELLER
OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE a
AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION
TO SELLER OR SELLER'S AGENT. YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR
AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT. aM
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BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND c
ACKNOWLEDGES TH.) � THE DISCLOSURES MADE REIN ARE THOSE OF THE SELLER ONLY,
AND NOT OF ANY REAL ESTATE LICENSEE OR H R RTY. a
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DATE: BUYER:
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BUYER'S WAIVER OF RIGHT TO RECEIVE COMPLETED SELLER DISCLOSURE STATEMENT m
Buyer has been advised of Buyer's right to receive a completed Seller Disclosure Statement. t
Buyer waives that right. However, if the answer to any of the questions in t ion entitled r
Environmental woulld be yes, Buyer may not waive the receipt of a Envi nmental Q
section of the Seller Disclosure Statement.
DA E: iL BUYER
Seller's Disclosure Statement - Page 5 of 5
Packet Pg. 66
EXHIBIT C
FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON,
INC. COMMITMENT NO. 611334644
SCHEDULE B, PART II - Exceptions
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This
Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each
Discriminatory Covenant is Redacted, repudiated, removed, and not republished or recirculated. Only the
remaining provisions of the document will be excepted from coverage.
The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement
identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: N
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GENERAL EXCEPTIONS
A. Rights or claims of parties in possession, or claiming possession, not shown by the Public Records. Q
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B. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be t
disclosed by an accurat and complete land survey of the Land.
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C. Easements, prescrip ive rights, rights-of-way, liens or encumbrances, or claims thereof, not shown by the r_
Public Records. am
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D. Any lien, or right to a lien,for contributions to employee benefit funds,or for state workers'compensation, or a-
for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the c
Public Records.
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E. Taxes or special assessments which are not yet payable or which are not shown as existing liens by the Public 1
Records. 00
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F. Any lien for service, installation,connection, maintenance,tap, capacity,or construction or similar charges for
sewer,water, electricity, natural gas or other utilities, or for garbage collection and disposal not shown by the Q
Public Records.
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G. Unpatented mining c�aims, and all rights relating thereto. t j
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H. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof. a
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I. Indian tribal codes or-egulations, Indian treaty or aboriginal rights, including easements or equitable servitudes.
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J. Water rights, claims or title to water. r_
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K. Any defect, lien, enc mbrance,adverse claim, or other matter that appears for the first time in the Public ti
Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the c
Schedule B, Part I—Requirements are met. ,°�
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This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions;and a r
counter-signature by the Company or its iss ing agent that may be in electronic form. AMERTC Q
Copyright American Land Title Assoc ation. All rights reserved. WNDTI
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The use of this Form(or any derivative hereof)is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance w-WA IV od(07/01/2021) Printed: 11.01.23 @ 07:07 AM
Page 7 WA-FT-FTMA-01530.610051-SPS-1-23-611334644
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FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON,
INC. COMMITMENT NO. 611334644
SCHEDULE B, PART II - Exceptions
(continued)
SPECIAL EXCEPTION
1. Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, encroachments,
dedications, building setback lines, notes, statements, and other matters, if any, but omitting any covenants or N
restrictions, if any, incluc ing but not limited to those based upon race, color, religion, sex, sexual orientation, 0
familial status, marital st tus, disability, handicap, national origin, ancestry, or source of income,as set forth in 3
applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable Q
law, as set forth on the IZ]at of Yesler's First Addition to the Town of Kent:
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Recording No: 52220 t
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2. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half a
delinquent if unpaid on November 1 of the tax year(amounts do not include interest and penalties): �
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Year: 2023 0
Tax Account No.: 982570-0385-04 a
Levy Code: 1526 r_
Assessed Value-Land: $110,000.00 w
Assessed Value-Improvements: $0.00
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General and Special Taxes:
Billed: $1,166.66 M
Paid: $1,166.66 00
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Unpaid: $0.00 ..
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3. Liability for Sewer Treatment Capacity Charges, if any, affecting certain areas of King, Pierce and Snohomish
Counties. Said charges could apply to property connecting to the metropolitan sewerage facilities or reconnecting x
or changing its use and/or structure after February 1, 1990_ W
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Please contact the King County Wastewater Treatment Division, Capacity Charge Program,for further information o-
at 206-296-1450 or Fax No. 206-263-6823 or email at CapCharaeEscrow(a)kingcounty.gav
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A map showing sewer service area boundaries and incorporated areas can be found at: aM
http://Www.kingcounty.gov/services/gis/Maps/vmc/Utilities.aspx#4E564EB5E6894FBC95694BE009A45399 c
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Unrecorded Sewer Capacity Charges are not a lien on title to the Land.
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NOTE: This exception will not appear in the policy to be issued. o
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This page is only a part of a 2021 ALTAO Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I-Requirements; Schedule 8, Part II-Exceptions; and a
counter-signature by the Company or its iss,ring agent that may be in electronic form.
AMERICAN
Copyright American Land Title Assoc ation. All rights reserved. —TITLE
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The use of this Form(or any derivative hereof)is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are pr9hibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance w-WA od(07/01/2021) Printed: 11.01.23 @ 07:07 AM
Page 8 WA-FT-FTMA-01530.610051-SPS-1-23-611334644
Packet Pg. 68
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FIDELITY NATIONAL TITLE �OMPANY OF WASHINGTON,
INC. COMMITMENT NO. 611334644
SCHEDULE 13, PART II -Exceptions
(continued)
4. A deed of trust to secure an indebtedness in the amount shown below,
Amount: $28,200.00
Dated: March 27,2001 N
Trustor/Grantor: Robert W Peyton, III o
Trustee: U.S. Small Business Administration
Beneficiary: Administrator of the Small Business Administration 0
Recording Date: April 10,2001 Q
Recording No.: 200 0410001655
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5. Any unrecorded leasehol s, right of vendors and holders of security interests on personal property installed upon 2
the Land and rights of teAants to remove trade fixtures at the expiration of the terms. li
6. To provide an extended coverage lender's policy, general exceptions B and C are hereby eliminated. General m
exceptions A and D haves not been cleared. o
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In consideration of clean I g paragraphs A and D of Schedule B, please have the borrower/owner complete the c
enclosed affidavit and return to our office for review. ;n
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7. Terms and conditions of Decree of Dissolution: Y
Petitioner: Robert Andrew Cipollone M
Respondent: Robert Westmoreland Peyton III
County: King Q
Court: Superior .,
Cause No.: 21-3-04140-0
Nature of Action: Legal separation x
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END OF SCHEDULE B, PART II N
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This page is only a part of a 2021 ALTAO Co mitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Polio the Commitment Conditions; Schedule A; Schedule B, Part 1-Requirements; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issu'ng agent that may be in electronic form.
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A A5E0.1CAN
Copyright American Land Title Associ tion. All rights reserved. IANn TITLE
The use of this Form(or any derivative t"ereof)is restricted to ALTA licensees and ALTA members in good standing as x
of the date of use. All other uses are pro;ibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance w-WA M d(07/0112021) Printed: 11.01.23 @ 07:07 AM
Page 9 WA-FT-FTMA-01530.610051-SPS-1-23-611334644
Packet Pg. 69
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EXHIBIT D
WHEN RECORDED ETURN TO:
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City Clerk L
City of Kent
220 Fourth Avenue South a
Kent, Washington 98032
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Grantor: Robert Peyton III
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Grantee: City of Kent a`
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Abbreviated Legal Description: Parcel No. 982570-0385
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Additional Legal Description on: Exhibit "A" Y
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Assessor's Tax Parcel ID No.: 1 STR: SE 12-22-4 M
Project Name: 2nd and Meeker - City Acquisition a
WARRANTY DEED w
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Robert Peyton III, an individual ("Grantor"), for and in consideration of Ten a
Dollars and No/100 ($10.00) and/or other valuable consideration in hand paid,
conveys and warrants to the City of Kent, a Washington municipal corporation
("Grantee"), all his interest, including any after acquired title, in the real property in
described in the attached and incorporated Exhibit A, situated in King County, c
Washington, subject to easements, restrictions, reservations, right-of-way,
covenants, and conditions shown on Exhibit B, Fidelity National Title Order Number a
611334644, attached and incorporated. o
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(Signatures on following page) Y
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WARRANTY DEED - Page 1 of 3
Packet Pg. 70
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GRANTOR:
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Name: Robert Peyton III L
Title: Owner. °
Date:
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WARRANTY DEED - Pi ge 2 of 3
Packet Pg. 71
STATE OF WASHINGTON )
) ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that Robert Peyton III is
the person who appeared before me, and said person acknowledged that he signed
this instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as Ithe owner to be the free and voluntary act of such party for the
uses and purposes mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the 0
day and year first above written. 3
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(Signature)
NOTARY PUBLIC, in and for the State 2
of Washington, residing at a
My appointment expires
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WARRANTY DEED - Pa je 3 of 3
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4.H
PUBLIC WORKS DEPARTMENT
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5600
DATE: January 16, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Grant Acceptance from King County Parks Levy Grant
Program - Boeing Rock Recreation/Habitat Enhancement -
Authorize
MOTION: I move to authorize the Mayor to accept grant funds from
King County in the amount of $200,000 for the Boeing Rock Recreation
and Habitat Enhancement project, amend the budget, authorize
expenditure of the grant funds, and authorize the Mayor to sign the grant
agreement subject to final terms and conditions acceptable to the City
Attorney and the Directors of Public Works and Parks.
SUMMARY: The King County Parks Levy grant program provides funding to local
jurisdictions to restore river function and increase public awareness of river
corridors as valuable natural resources. The Boeing Rock Recreation and Habitat
Enhancement Project ("Project") has been awarded funds to conduct a feasibility
study and alternatives analysis that balances Green River uses and functions
along the Boeing Rock levee.
The Project is located along the right (east) bank of the Green River between
South 2001" Street and South 212t" Street and is approximately 0.8 miles in length
and approximately 200 feet in width. This project site is situated immediately
downstream from the Lower Russell Levee and Habitat Improvements, which
improve salmon habitat in the Lower Green River.
This Project will be designed to provide multiple benefits, including improving
habitat in the Lower Green River, increasing floodplain storage, and adding
recreational opportunities. The biggest limiting factor for salmonid productivity
and population growth in the Green River is a lack of suitable fry (small salmon)
habitat. The lack of habitat pushes fry to migrate to Puget Sound prior to
obtaining adequate growth, dramatically reducing the chance of survival. This
Project will improve fish habitat and provide a variety of passive recreational
experiences along the river as well.
Funding from this grant will provide the matching funds needed under the Salmon
Recovery Funding Board grant.
BUDGET IMPACT: No additional funding required, as this is a "no match" grant.
Packet Pg. 73
4.H
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.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Boeing Rock Grant Agreement-Kent (PDF)
Packet Pg. 74
4.H.a
City of Kent—Boeing Rock Recreation/Habitat Enhancement—6416640
Task- 1.15
King County .0
PUSH Q
OPEN SPACE—RIVER CORRIDORS PROGRAM
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FEASIBILITY/PLANNING PROJECT GRANT AGREEMENT d
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Department/Division: Natural Resources and Parks / Parks and Recreation w
Grant Recipient: City of Kent
Project: Boeing Rock Recreation/Habitat Enhancement =
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Award Amount: $200,000 Project#: 1144640 Contract#: 6416640
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Term Period: To 11/30/2026
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THIS AGREEMENT is a grant agreement entered into between City of Kent- ("Grant Recipient") and o
King County(the"County") (referred to individually as a"Party"and collectively as the"Parties")for a m
feasibility study and/or design development("Feasibility Study")for flood risk reduction,habitat
restoration,open space,and/or recreation along river corridors using an Open Space —River Corridors
Program grant. a
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RECITALS a
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A. Ordinance 18890, which took effect May 13, 2019, called for a special election to
authorize the King County parks, recreation trails and open space levy. On August 6,
2019, King County voters approved the levy, which included funding for habitat M
restoration, open space acquisition or recreational opportunities that are integrated with
preventive and corrective measures to reduce the risk of flooding in order to address the
pressures of rapid growth in King County. Y
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B. Motion 15378, Section A.5., and Attachment E, further delineated the use of levy funds for
the Open Space—River Corridors Program and the guidelines governing that use. a,
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C. Ordinance 19166, Attachment D established the grant award criteria and the process for i
the distribution of Open Space—River Corridors Grants as well as the proposed
composition of an advisory committee to review and make recommendations on the grant c
awards.
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D. King County, a home rule charter county and political subdivision of the State of 0
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Washington, is authorized to administer the Open Space—River Corridors Program and
enter into agreements for the use of the grant funds with King County agencies, towns, E
cities, tribal organizations,port districts, flood control districts, diking and drainage
districts, conservation districts, nonprofit organizations, or salmon recovery forums for
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Packet Pg. 75
4.H.a
City of Kent—Boeing Rock Recreation/Habitat Enhancement—6416640
Task- 1.15
habitat restoration, open space acquisition or recreational opportunities that are integrated
with preventive and corrective measures to reduce the risk of flooding and to protect and •L
enhance those critical lands adjacent to rivers. °,
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E. Grant Recipient is a(n) City or Town in King County. ,
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F. The Open Space-River Corridors Program Advisory Committee ("Advisory
Committee")has recommended an allocation of levy grant funds to specific projects,
pursuant to Ordinance 19666. c
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G. Kin Count has selected Grant Recipient to receive an Open Space-River Corridors
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grant award in the amount of$200,000 ("Grant Award Funds"). _
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NOW THEREFORE, in consideration of the promises, covenants, and other provisions set forth
in this Agreement, the Parties agree as follows:
GRANT AWARD TERMS AND CONDITIONS 0
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1. DEFINITIONS
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1.1 Project. The term"Project"means the Feasibility Study described in Exhibit A for m
a habitat restoration, open space acquisition, and/or recreation project that is
integrated with preventive and corrective measures to reduce the risk of flooding
and to protect and enhance those critical lands adjacent to rivers ("River Project"). �-
m
Grant Award Funds available pursuant to this Agreement may only be used for the a
Project. To complete the Project, Grant Recipient shall use the Grant Award Funds �.
to conduct the study, as set forth in Exhibit B, consistent with the requirements set
forth in this Agreement and in the following attached exhibits, which are
incorporated herein by reference:
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Scope of Work Attached hereto as Exhibit A c
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Project Budget Attached hereto as Exhibit B
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Insurance Requirements Attached hereto as Exhibit C a
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Certificate of Insurance and Attached hereto as Exhibit D Y
Endorsements o
Cultural Resource Preservation W
Requirements Attached hereto as Exhibit E c
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1.2 Scope of Work. Grant Recipient shall provide a scope of work("Scope of
Work"), attached hereto as Exhibit A, which describes the Project in detail and E
includes a description of the feasibility study milestones required for completion
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Packet Pg. 76
4.H.a
City of Kent—Boeing Rock Recreation/Habitat Enhancement—6416640
Task- 1.15
of the Project and intended use of the Grant Award Funds. Grant Recipient shall
apply the funds received from the County for the Project under this Agreement in •L
accordance with the Scope of Work, attached hereto as Exhibit A. �°,
1.3 Project Budget. Grant Recipient shall work with King County to develop a Q
Project Budget("Project Budget"), attached hereto as Exhibit B. King County c
shall provide the Grant Award Funds to the Grant Recipient to pay for costs and E
expenditures related to the Project, as set forth in Exhibits A and B. Grant Award
Funds provided to Grant Recipient may only be used to pay for costs and
expenditures related to the Project, as set forth in Exhibits A and B. w
1.4 Contractor. "Contractor" shall include any contractor or consultant hired by
Grant Recipient, including any of the contractor's or consultant's subcontractors =
or subconsultants. c
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2. EFFECTIVE DATE
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The Agreement shall be effective upon signature by both Parties ("Effective Date").
3. TERM
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The term("Term") of this Agreement shall begin on the Effective Date and end on W,
11/30/2026. This Agreement shall remain in effect until such time as it is amended in
writing or terminated as provided herein. m°
4. AMENDMENTS
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This Agreement together with the attached exhibits expressly incorporated herein by a
reference and attached hereto shall constitute the whole Agreement between the Parties.
This Agreement may be amended only by an instrument, in writing, duly executed by the a
Parties.Either party may request changes to this Agreement,however, changes that deviate
substantially from the proposal submitted to and approved by the Advisory Committee and
the King County Council will need to be approved by those entities.
5. NOTICES 00
Unless otherwise specified in the Agreement, all notices or documentation required or
provided pursuant to this Agreement shall be in electronic form and shall be deemed duly Y
given when received at the addresses first set forth below via electronic mail.
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KING COUNTY City of Kent-
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Charlie Hohlbein Rowena Valencia-Gica
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Community Investments Unit Environmental Supervisor
King County Parks i
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201 S Jackson Street Suite (5702) 220 Fourth Ave. S.
Seattle, WA 98104 Kent, WA, 98032 W
206-848-0699 253-856-5585
parksgrants@kingcounty.gov ralencia@kentwa.gov o
*NOTE: Personal contact information for your assigned grant manager is available in the m
grant management system
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Packet Pg. 77
4.H.a
City of Kent—Boeing Rock Recreation/Habitat Enhancement—6416640
Task- 1.15
Either Party hereto may, at any time, by giving ten(10) days written notice to the other
Party to designate any other address in substitution of the foregoing address to which •L
such notice or communication shall be given. °,
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6. DISBURSEMENT OF GRANT FUNDS ,
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6.1 The County may authorize, at County's sole discretion, release of a portion of the E
Grant Award Funds to Grant Recipient, upon execution of this Agreement, and
receipt of Grant Recipient's County-approved completed Scope of Work and
Project Budget(see Section 1 and Exhibits A and B). w
6.2 The County shall initiate authorization for payment and disbursement of Grant
Award Funds after approval of sufficiently detailed Project-related invoices =
submitted by Grant Recipient. The County shall make payment to Grant c
Recipient not more than thirty (30) days after a complete and accurate invoice and
any other required documentation is received and approved. L
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6.3 Grant Recipient shall submit the final invoice, supporting documentation and any
outstanding deliverables, as specified in the Scope of Work(Exhibit A) and c
Project Budget(Exhibit B), no later than thirty (30) days after the Contract End
Date. If the Grant Recipient's final invoice, supporting documentation, and
reports are not submitted by the day specified in this subsection, or if such final 0
documents are not approved by the County, then the County shall have no
obligation to pay Grant Recipient unless and until Grant Recipient submits, and
the County approves, a properly completed invoice. Grant Recipient must submit
a corrected invoice within 30 days after receiving notice of an improper or
incomplete invoice. a
7. GRANT REPORTING
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All Grant Award Funds received pursuant to this Agreement and accrued interest
therefrom will be accounted for separately from all other Grant Recipient accounts and 14
moneys. Until the Project is completed, and all proceeds provided pursuant to this
Agreement have been expended, the Grant Recipient shall provide reports to the King c
County Project Manager on a schedule determined by the County. Y
8. COMPLETION OF THE PROJECT
Grant Recipient shall complete the Project described in Section 1.1 and Exhibits A and i
B of this Agreement. If Grant Recipient cannot complete the Project, as specified by the a
Scope of Work and deliverables set forth in Exhibit A, the County shall be released from
any obligation to fund the Project, and the County in its sole discretion may reallocate
such funds for other projects in accordance with Ordinance 19166 and Motion 15378.
0
Pursuant to Section 18, Termination, this Agreement will be terminated if the Grant
Recipient is unable or unwilling to expend the Grant Award Funds for the Project as
provided in this Agreement. The Grant Recipient may not redirect Grant Award Funds 0
for a purpose other than completion of the Project as approved by the Advisory ;
Committee and King County Council.
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4.H.a
City of Kent—Boeing Rock Recreation/Habitat Enhancement—6416640
Task- 1.15
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9. COMMUNICATION AND KING COUNTY MILESTONE NOTIFICATION o
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Grant Recipient shall recognize County as a"grant sponsor" for the Project in the Q
following manner:
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9.1 Events: Grant Recipient shall invite and recognize "King County Parks" at all E
events promoting the Project, and at the final Project dedication.
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9.2 Community Relations: Grant Recipient shall recognize "King County Parks" as a
"grant sponsor" in all social media, websites, brochures, banners,posters, press w
releases, and other promotional material related to the Project.
9.3 King County Parks Notification: Grant Recipient shall notify the King County
Parks Grant Manager thirty (30) days prior to any major milestone, event, or
occasion such as a groundbreaking or opening dates. a
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9.4 King County Council Notification: If Grant Recipient is a city or town
notification to the King County Council thirty (30) days prior to any major c
milestone, such as a groundbreaking or opening dates is required.
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9.5 Signa _e: Grant Recipient shall recognize"King County Parks" on any signage as m
a fonder/contributor of project/facility. Grant Recipient is required to use
appropriate King County logo on any signage and communications.
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10. DISPOSITION OF REMAINING GRANT AWARD FUNDS m
If Grant Recipient does not expend all proceeds obligated to be provided through this a
Agreement, such proceeds, if held by Grant Recipient, shall be refunded to the County. For
purposes of this section, "proceeds" shall include all Grant Award Funds obligated to be a
provided by the County plus interest accrued by Grant Recipient on the grant funds. Any
proceeds in excess of those required to be provided by the County for the actual costs of M
the Project shall remain with the County for use in its sole discretion.
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11. PUBLIC ACCESS Y
The Grant Award is provided to Grant Recipient for the Project for the purpose of land E
protection and recreation for the residents of King County. Therefore, Grant Recipient a
and any successor in interest agree that the Feasibility Study is for a habitat restoration, a,
open space acquisition, and/or recreation project("Rivers Project") for use by the public, a
as required by Ordinances 18890 and 19166. The final Rivers Project shall be open and i
accessible to the public at reasonable hours and times. The public shall be notified of the
availability of use by posting and updating that information on its website and by c
maintaining at entrances and/or other locations openly visible signs with such
information. Fees for use of the completed Rivers Project shall be no greater than those
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generally charged by public operators of similar facilities in King County. m
Notwithstanding temporary closure for required maintenance or repairs, the minimum
period of time the Rivers Project must be available for public use is thirty(30) years. E
Grant Recipient's duties under this Section 11 will survive the expiration or earlier o
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termination of this Agreement.
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12. INSURANCE o
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Minimum Scope and Limits of Insurance. Q
Grant Recipient shall maintain, and/or require its Contractor(s) to maintain the
minimum scope and limits of insurance as required in Exhibit C—Insurance E
Requirements and as evidenced in Exhibit D—Certificate of Insurance and
Endorsements.
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13. INTERNAL CONTROL AND ACCOUNTING SYSTEM w
Grant Recipient shall establish and maintain a system of accounting and internal controls
which complies with applicable, generally accepted accounting principles, and
governmental accounting and financial reporting standards in accordance with Revised c
Code of Washington_ (RCW) Chapter 40.14.
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14. MAINTENANCE OF RECORDS
14.1 Grant Recipient shall maintain accounts and records,including personnel,property, c
financial, Project records, including Agreement deliverables, and other such
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records as may be deemed necessary by the County to ensure proper accounting for
all Grant Award Funds and compliance with this Agreement. 0
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14.2 These records shall be maintained for a period of six (6) years after the expiration 0
or earlier termination of this Agreement unless permission to destroy them is
granted by the Office of the Archivist in accordance with RCW Chapter 40.14. m
14.3 Grant Recipient shall inform the County in writing of the location, if different from
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the Grant Recipient address listed in Section 5 of this Agreement of the aforesaid c
books, records, documents, and other evidence and shall notify the County in
writing of any changes in location within ten (10) working days of any such 14
relocation. 14
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15. RIGHT TO INSPECT �.
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King County reserves the right to review and approve the performance of Grant Recipient Y
with regard to this Agreement, and, at its sole discretion, to inspect or audit the Grant
Recipient's records regarding this Agreement and the Project upon seventy-two(72)hours' E
notice during normal business hours.
16. COMPLIANCE WITH ALL LAWS AND REGULATIONS a
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Grant Recipient shall comply with all applicable laws, ordinances and regulations in �
using funds provided by the County, including, without limitation,those relating to
providing a safe working environment to employees and, specifically, the requirements of W
the Washington Industrial Safety and Health Act(WISHA); and, to the extent applicable,
those related to "public works,"payment of prevailing wages, and competitive bidding of o
contracts. The Grant Recipient specifically agrees to comply and pay all costs associated m
with achieving such compliance without notice from King County; and further agrees that
King County, does not waive this Section by giving notice of demand for compliance in E
any instance. The Grant Recipient shall indemnify and defend the County should it be
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sued or made the subject of an administrative investigation or hearing for a violation of
such laws related to this Agreement. •L
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17. CORRECTIVE ACTION
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17.1 If the County determines that a breach of contract has occurred or does not
approve of the Grant Recipient's performance, it will give the Grant Recipient E
written notification of unacceptable performance. Grant Recipient will then take
corrective action within a reasonable period of time.
17.2 King County may withhold any payment owed Grant Recipient until the County w
is satisfied that corrective action has been taken or completed. W
18. TERMINATION
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18.1 King County may terminate this Agreement in whole or in part, with or without c
cause, at any time during the Term of this Agreement, by providing Grant
Recipient ten(10) days advance written notice of the termination. King County c;
will reimburse the Grant Recipient of any costs incurred until the effective date of
termination.
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18.2 If the termination results from acts or omissions of Grant Recipient, including but W,
not limited to misappropriation, nonperformance of required services, or fiscal
mismanagement, Grant Recipient shall return to the County immediately any m°
funds, misappropriated or unexpended, which have been paid to Grant Recipient
by the County.
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18.3 Any King County obligations under this Agreement beyond the current
appropriation biennium are conditioned upon the County Council's appropriation a
of sufficient funds to support such obligations. If the Council does not approve
such appropriation, then this Agreement will terminate automatically at the close
of the current appropriation biennium.
18.4 The Agreement will be terminated if the Grant Recipient is unable or unwilling to M
expend the Grant Award Funds as specified in Section 1 and Exhibits A and B, or
upon reimbursement by the Grant Recipient to the County of all unexpended
proceeds provided by the County pursuant to this Agreement and payment of all Y
amounts due pursuant to Section 6.
19. FUTURE SUPPORT; UTILITIES AND SERVICE
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The County makes no commitment to support the services contracted for herein and a
assumes no obligation for future support of the Project or completed Rivers Project
except as expressly set forth in this Agreement. Grant Recipient understands, c�
acknowledges, and agrees that the County shall not be liable to pay for or to provide any c
utilities or services in connection with the future Rivers Project unless specifically W
contracted for in another agreement. c
20. HOLD HARMLESS AND INDEMNIFICATION m0
Grant Recipient shall protect, indemnify, and save harmless the County, its officers,
agents, and employees from and against any and all claims, costs, and/or losses E
whatsoever occurring or resulting from (1) Grant Recipient's failure to pay any such
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compensation, wages,benefits, or taxes, and/or(2) work, services, materials, or supplies
performed or provided by Grant Recipient's employees or other suppliers in connection •L
with or support of the performance of this Agreement. °,
Grant Recipient further agrees that it is financially responsible for and will repay the Q
County all indicated amounts following an audit exception which occurs due to the c
negligence, intentional act, and/or failure, for any reason, to comply with the terms of this E
Agreement by the Grant Recipient, its officers, employees, agents, representatives, or
Contractors. This duty to repay the County shall not be diminished or extinguished by the
expiration or prior termination of the Agreement. w
Grant Recipient agrees for itself, its successors, and assigns, to defend, indemnify, and
hold harmless King County, its appointed and elected officials, and employees from and
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against liability for all claims, demands, suits, and judgments, including costs of defense c
thereof, for injury to persons, death, or property damage which is caused by, arises out of,
or is incidental to any use of or occurrence on the Project that is the subject of this
Agreement, or Grant Recipient's exercise of rights and privileges granted by this
Agreement, except to the extent of the County's sole negligence. Grant Recipient's
obligations under this Section shall include: �0
A. The duty to promptly accept tender of defense and provide defense to the County
at the Grant Recipient's own expense; 0
B. Indemnification of claims made by Grant Recipient's employees or agents; and
C. Waiver of Grant Recipient's immunity under the industrial insurance provisions of -
Title 51 RCW, but only to the extent necessary to indemnify King County, which
waiver has been mutually negotiated by the parties.
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In the event it is necessary for the County to incur attorney's fees, legal expenses or other
costs to enforce the provisions of this Section, all such fees, expenses and costs shall be
recoverable from the Grant Recipient. 14
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In the event it is determined that RCW 4.24.115 applies to this Agreement, the Grant c
Recipient agrees to protect, defend, indemnify and save the County, its officers, officials, Y
employees and agents from any and all claims, demands, suits,penalties, losses damages
judgments, or costs of any kind whatsoever for bodily injury to persons or damage to E
property (hereinafter "claims"), arising out of or in any way resulting from the Grant
Recipient's officers, employees, Contractors, and/or agents of all tiers, acts or omissions, a
performance of failure to perform the rights and privileges granted under this Agreement,
to the maximum extent permitted by law or as defined by RCW 4.24.115, as now enacted
or hereafter amended.
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A hold harmless provision to protect King County similar to this provision shall be
included in all agreements or Contractor agreements entered into by Grant Recipient in o
conjunction with this Agreement. Grant Recipient's duties under this Section 20 will 00
survive the expiration or earlier termination of this Agreement.
21. NONDISCRIMINATION
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King County Code("KCC") chapters 12.16 through 12.19 apply to this Agreement and are
incorporated by this reference as if fully set forth herein. In all hiring or employment •L
made possible or resulting from this Agreement, there shall be no discrimination against
any employee or applicant for employment because of sex, race, color, marital status, Q
national origin, religious affiliation, disability, sexual orientation, gender identity or ,
expression or age except minimum age and retirement provisions, unless based upon a
bona fide occupational qualification.
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22. POLITICAL ACTIVITY PROHIBITED
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None of the funds, materials,property, or services provided directly or indirectly under w
this Agreement shall be used for any partisan political activity or to further the election or
defeat of any candidate for public office.
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23. PROJECT MAINTENANCE; EQUIPMENT PURCHASE, MAINTENANCE, AND o
OWNERSHIP
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A. As between the County and Grant Recipient, Grant Recipient shall be responsible
to operate and maintain the completed Project and future habitat restoration, open
space acquisition,and/or recreation projects at its own sole expense and risk. Grant 0
Recipient understands, acknowledges, and agrees that the County is not responsible a,
to operate or to maintain the Project and future habitat restoration, open space
acquisition, and/or recreation project's in any way. m°
B. Grant Recipient shall be responsible for all property purchased pursuant to this
Agreement, including the proper care and maintenance of any equipment. a
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C. Grant Recipient shall establish and maintain inventory records and transaction
documents (purchase requisitions, packing slips, invoices, receipts) of equipment a
and materials purchased with Grant Award Funds.
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Grant Recipient's duties under this Section 23 shall survive the expiration of this
Agreement. 14
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24. CULTURAL RESOURCES
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To the extent applicable, Grant Recipient agrees to coordinate cultural resource review of Y
the Project with the King County Historic Preservation Program ("HPP") in order to
determine potential effects to cultural resources and any necessary mitigation. Grant E
Recipient further agrees to perform the steps outlined by the HPP for any necessary i
cultural resource preservation as specified in Exhibit E. a
25. ASSIGNMENT
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Grant Recipient shall not assign any portion of rights and obligations under this Y
Agreement or transfer or assign any claim arising pursuant to this Agreement without the 0
written consent of the County. Grant Recipient must seek such consent in writing not
less than thirty (30) days prior to the date of any proposed assignment.
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26. WAIVER OF BREACH OR DEFAULT 00
Waiver of breach of any provision in this Agreement shall not be deemed to be a waiver
of any subsequent breach and shall not be construed to be a modification of the terms of
the Agreement unless stated to be such through written approval by the County, which
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shall be attached to the original Agreement. Waiver of any default shall not be deemed to
be a waiver of any subsequent defaults. •L
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27. TAXES
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Grant Recipient agrees to pay on a current basis all taxes or assessments levied on its E
activities and property, including, without limitation, any leasehold excise tax due under
RCW Chapter 82.29A;PROVIDED,however,that nothing contained herein will modify the
right of the Grant Recipient to contest any such tax, and Grant Recipient shall not be w
deemed to be in default as long as it will,in good faith,be contesting the validity or amount W
of any such taxes.
28. WASHINGTON LAW CONTROLLING; WHERE ACTIONS BROUGHT
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This Agreement is made in and will be in accordance with the laws of the State of
Washington, which will be controlling in any dispute that arises hereunder. Actions c;
pertaining to this Agreement will be brought in King County Superior Court,King County,
Washington. c
29. PUBLIC DOCUMENT
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This Agreement will be considered a public document and will be available for inspection o
and copying by the public. 0°
30. LEGAL RELATIONS as
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Nothing contained herein will make, or be deemed to make, County and Grant Recipient a
partner of one another, and this Agreement will not be construed as creating a partnership a
or joint venture. Nothing in this Agreement will create, or be deemed to create, any right,
duty or obligation in any person or entity not a party to it.
31. PERMITS AND LICENSES
Grant Recipient shall develop and run the Project in accordance with all applicable laws 00
and regulatory requirements including environmental considerations, permitting
determinations, and other legal requirements. All activities and improvements shall be Y
performed by Grant Recipient at its sole expense and liability. Grant Recipient shall, at its
sole cost and expense, apply for, obtain and comply with all necessary permits, licenses
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and approvals required for the Project. a
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32. INTERPRETATION OF COUNTY RULES AND REGULATIONS a
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If there is any question regarding the interpretation of any County rule or regulation, the
County decision will govern and will be binding upon the Grant Recipient. Y
33. ENTIRE AGREEMENT �°
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This Agreement, including its attachments, constitutes the entire Agreement between the 5
County and Grant Recipient. It supersedes all other agreements and understandings 0
between them, whether written, oral or otherwise.
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34. COUNTERPARTS; ELECTRONIC SIGNATURES E
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This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original,but all of which together shall constitute one and the same instrument. L
The Parties acknowledge and agree that this document may be executed by electronic°,
signature,which shall be considered as an original signature for all purposes and shall have Q
the same force and effect as an original signature. ,
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IN WITNESS WHEREOF, each individual signing this Agreement warrants that they have the
authority to enter into this Agreement on behalf of the Party for which that individual signs. w
City of Kent King County
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EXHIBIT A- SCOPE OF WORK
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Project Summary Q
City of Kent will conduct a feasibility study, alternatives analysis,planning, and outreach to ,
restore salmon habitat, reduce flood risk, and enhance recreation at Boeing Rock Park.
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Deliverables
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Progress Reports W
Final Report
Preliminary Design/Plan =
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Timeline
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Issue RFP and select design team January-February 2024 m
Develop conceptual site plan July 2024
alternatives
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Finalize Feasibility/Preliminary November 2024 a
Alternatives Stud
Evaluate and select preferred December 2024 a
conceptual design
Complete preliminary design of December 2025 c�
referred alternative
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The Grant Recipient shall not make any significant changes to an approved project without prior
written consent of the County. Significant changes include, but are not limited to, a change to the Y
timeline that falls outside the contract period or a shift of more than twenty percent of funds
within the approved grant budget over the term of this Exhibit. If changes are necessary and E
approved by the County, such changes will be formalized in a written amendment signed by all
parties. Q
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EXHIBIT B - PROJECT BUDGET
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Project Costs $170,000 },
Personnel Costs $10,000 E
Indirect Costs $20,000
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Total $200,000
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Grant Budget Changes
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With written approval from the County, the Grant Recipient may reallocate grant funds across
budget line items within twenty percent of the total grant budget without requiring an official
contract amendment. Indirect costs shall not exceed twenty percent of direct costs. 0
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Budget Line Items Descriptions o
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Project Costs include but are not limited to planning, design, and consultant fees.
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Personnel Costs include but are not limited to staff pay and benefits.
Indirect Costs include expenses of doing business that are not readily identified with a particular Q
grant, contract, project, function, or activity, but are necessary for the general operation of the a
organization or the performance of the organization's activities. �?
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EXHIBIT C -INSURANCE REQUIREMENTS
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1. Insurance Requirements Q
1.1. Grant Recipient shall purchase and maintain for the entire term of this Agreement or as ,
otherwise stated in this Exhibit, at its sole cost and expense, the minimum insurance set
forth below. By requiring such minimum insurance, the County does not and shall not
be deemed or construed to have assessed the risks that may be applicable to Grant
Recipient, or any Contractor under this Agreement, or in any way limit the County's c
potential recovery to insurance limits required hereunder. To the contrary, this W
Agreement's insurance requirements may not in any way be construed as limiting any
potential liability to the County or the County's potential recovery from Grant Recipient. _
Grant Recipient and any Contractor shall assess their own risks and if they deem c
appropriate and/or prudent, maintain greater limits and/or broader coverage.
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1.2. Each insurance policy shall be written on an"occurrence"basis, except insurance for
Pollution Liability, which may be written on a "claims made"basis.
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If coverage is approved and purchased on a"claims made"basis, the coverage provided
under that insurance shall be maintained through: (i) consecutive policy renewals for not o
less than three (3) years from the date of completion of the Project which is subject of m
this Agreement or, if such renewals are unavailable, (ii)the purchase of a tail/extended
reporting period for not less than three (3) years from the date of completion of the
Project which is the subject of this Agreement.
2. Evidence and Cancellation of Insurance a
2.1. Prior to contract execution and upon request by the County, Grant Recipient shall 2
furnish the County certificates of insurance and endorsements certifying the issuance of
all insurance required by this Agreement which is to be maintained for the entire term of 14
the Agreement or as otherwise stated in this Exhibit. All evidence of insurance shall be M
signed by a properly authorized officer, agent, general agent, or qualified representative
to the insurer(s), shall certify the name of the insured(s), the type and amount of Y
insurance, the location and operations to which the insurance applies, the inception and c
expiration dates, shall specify the form numbers of any endorsements issued to satisfy
this Agreement's insurance requirements, and shall state that the County shall receive i
notice at least thirty(30) days prior to the effective date of any cancellation, lapse, or a
material change in the policy(s). Certificate Holder: King County Parks, 201 S. Jackson c
Street, Suite 5702, Seattle, WA 98104. Electronic evidence of insurance documents may
be emailed to: ParksGrants@kingcounty.gov.
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2.2. The County reserves the right to require complete, certified copies of all required
insurance policies, including all endorsements and riders, which may be redacted of any o
confidential or proprietary information. Grant Recipient shall deliver such policies to m
the County within five (5)business days of County's request. c
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3. Minimum Scope and Limits of Insurance
3.1. Grant Recipient shall maintain the following types of insurance and minimum insurance •-
limits:
3.1.1. Commercial General Liability: $1,000,000 per occurrence and$2,000,000 in the Q
aggregate for bodily injury,personal and advertising injury, and property damage. ,
Coverage shall be at least as broad as that afforded under ISO form number CG 00
01. Such insurance shall include coverage for, but not limited to, premises liability,
ongoing operations, products and completed operations, and contractual liability.
Limits may be satisfied by a single primary policy or by a combination of separate c
primary and umbrella or excess liability policies, provided that coverage under the
latter shall be at least as broad as that afforded under the primary policy and satisfy
all other requirements applicable to liability insurance including, but not limited to, _
additional insured status for the County. c
3.1.2. Automobile Liability: If a vehicle(s)will be used, Grant Recipient and/or its
Contractor(s)will maintain Automobile Liability insurance with statutory minimum
limits per accident for bodily injury and property damage.
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3.1.3. Workers Compensation: If Grant Recipient or its Contractor(s) have employees,
then Workers Compensation coverage shall be maintained as required by the o
Industrial Insurance Act of the State of Washington, as well as any similar coverage m
required for this Project by applicable Federal or"Other States" State Law.
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3.1.4. Employers Liability or"Stop Gap" coverage: If Grant Recipient or its
Contractor(s)have employees, then Employers Liability or"Stop Gap" coverage a
shall be maintained with a minimum limit of$1,000,000 each occurrence and shall �.
be at least as broad as the protection provided by the Workers Compensation policy 2
Part 2 (Employers Liability), or, in monopolistic states including but not limited to
Washington, the protection provided by the "Stop Gap" endorsement to the 14
commercial general liability policy. M
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3.1.5. Pollution Liability: If geotechnical work will take place, Grant Recipient or its Y
Contractor(s) shall provide Pollution Liability coverage with minimum limits of
$1,000,000 per occurrence and in the aggregate to cover sudden and non-sudden
bodily injury and/or property damage to include the destruction of tangible property, i
loss of use, clean-up costs, and the loss of use of tangible property that has not been a
physically injured or destroyed. c
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3.1.6. Fidelity and Crime Insurance. If a Fiscal Sponsor is a party to this Agreement,
Fiscal Sponsor(s) shall procure and maintain Fidelity and Crime insurance with a �0
minimum limit equal to the grant amount. Coverage shall include `Join Loss
Payable' ISO form CR 20 15 10/10 or substantive equivalent and `Provide Required o
Notice of Cancellation to Another Entity' ISO form CR 20 17 10/10. m
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4. Other Insurance Provisions and Requirements
4.1. All insurance policies purchased and maintained by Grant Recipient and any Contractor •-
required in this Agreement shall contain, or be endorsed to contain the following°,
provisions: Q
4.1.1. With respect to all liability policies except Professional Liability(Errors and ,
Omissions), Personal Auto Liability, and Workers Compensation:
4.1.1.1. King County, its officials, employees and agents shall be covered
as additional insured for full coverage and policy limits as respects liability
arising out of activities performed by or on behalf of the Grant Recipient, its c
agents, representatives, employees, or Contractor(s) in connection with this W
Agreement. Additional Insured status shall include products-completed
operations CG 20 100 11/85 or its substantive equivalent. The County requires =
the endorsement(s) to complete the Agreement. c
4.1.2. With respect to all liability policies (except Workers Compensation):
4.1.2.1. Coverage shall be primary insurance as respects the County, its
officials, employees, and agents. Any insurance and/or self-insurance
maintained by the County, its officials, employees, or agents shall not �°
contribute with any of Grant Recipient's or Contractor(s)'s insurance or benefit
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the Grant Recipient, or any Contractor, or their respective insurers in any way. o
4.1.2.2. Insurance shall expressly state that it applies separately to each m
insured and additional insured against whom a claim is made and/or lawsuit is
brought, except with respect to the limits of insurer's liability.
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5. Deductibles/Self-Insured Retentions
5.1. Any deductible and/or self-insured retention of the policies shall in all instances be the
sole responsibility of Grant Recipient or its Contractor, even if no claim has been made 2
or asserted against them.
6. Acceptability of Insurers M
6.1. Unless otherwise approved by the County, insurance is to be placed with insurers with
an A.M. Best rating of no less than ANIII. Y
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7. Self-Insurance E
7.1. If the Grant Recipient is a governmental entity or municipal corporation, Grant Recipient i
may maintain a fully funded self-insurance program or participate in an insurance pool a
for the protection and handling of its liabilities including injuries to persons and damage c
to property. Further, if Grant Recipient maintains a self-insurance program or i
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participates in an insurance pool, the additional insured requirement shall not apply to
the coverage provided by the self-insured program or insurance pool. �°
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8. Contractors as
8.1. Grant Recipient shall include all Contractors as insureds under its policies or, m°
alternatively, Grant Recipient must require each of its Contractors to procure and c
maintain appropriate and reasonable insurance coverage and insurance limits to cover E
each of the Contractor's liabilities given the scope of work and services being provided
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herein. Contractor(s) must include the County, its officials, agents and employees as
additional insured for full coverage and policy limits on its Commercial General •L
Liability insurance and, if applicable, its Automobile Liability insurance. Upon request°,
by the County, and within five (5) business days, Grant Recipient must provide evidence Q
of each Contractor(s) insurance coverage, including endorsements. ,
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EXHIBIT D—CERTIFICATE OF INSURANCE AND ENDORSEMENT
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PUBLIC WORKS DEPARTMENT
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
W A S H i N G T O N 253-856-5600
DATE: January 16, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Grant Acceptance from Salmon Recovery Funding Board -
Boeing Rock Recreation/Habitat Enhancement - Authorize
MOTION: I move to authorize the Mayor to accept grant funds from the
Washington State Salmon Recovery Funding Board in the amount of
$255,319, for the Boeing Rock Recreation and Habitat Enhancement
project, amend the budget, authorize expenditure of the grant funds, and
authorize the Mayor to sign the grant agreement, subject to final terms
and conditions acceptable to the City Attorney and the Directors of Public
Works and Parks.
SUMMARY: Washington's Salmon Recovery Funding Board ("SRFB") provides
grants to protect and restore salmon habitat. The City's Boeing Rock Recreation and
Habitat Enhancement Project ("Project") is included in the Water Resources
Inventory Area 2021 Salmon Habitat Plan Update and has been selected to receive
grant funding. The grant will fund a feasibility study and development of
alternatives that balance river functions and uses.
The Project is located along the right (east) bank of the Green River between South
200t" Street and South 212t" Street and is approximately 0.8 miles in length and
approximately 200 feet in width. This Project site is situated immediately
downstream from the Lower Russell Levee Habitat Improvements, which improves
salmon habitat in the Lower Green River.
This Project will be designed to provide multiple benefits, including improving
habitat in the Lower Green River, increasing floodplain storage, and adding
recreational opportunities. The biggest limiting factor for salmonid productivity and
population growth in the Green River is a lack of suitable fry (small salmon) habitat.
The lack of habitat pushes fry to migrate to Puget Sound prior to obtaining
adequate growth, dramatically reducing the chance of survival. This Project will
improve fish habitat and provide a variety of passive recreational experiences along
the river as well.
BUDGET IMPACT: No additional funding required, match for the Salmon Recovery
Funding Board Grant will be provided by the King County Parks Levy Grant.
SUPPORTS STRATEGIC PLAN GOAL:
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Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Agreement - Boeing Levee Setback Habitat Project (PDF)
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WASHINGTON 57ATE RCO Grant Agreem 4.La
+� Recreation and
1 Conservation Office
Project Sponsor: City of Kent Project Number:23-1052P
Number:23-1052
Project Title: Boeing Levee Setback Habitat Project Approval Date:09/14/2023
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PARTIES OF THE AGREEMENT coo
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This Recreation and Conservation Office Grant Agreement(Agreement) is entered into between the State of Washington by
and through the Salmon Recovery Funding Board (SRFB or funding board)and the Recreation and Conservation Office W
(RCO), P.O. Box 40917, Olympia,Washington 98504-0917 and City of Kent(Sponsor, and primary Sponsor), 220 Fourth Ave M
S, Kent,WA 98032-5895, and shall be binding on the agents and all persons acting by or through the parties.
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The Sponsor's Unique Entity ID (UEID) Number is GALJSHRB2EM6. o
All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that
expressly apply only to the primary Sponsor.
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Prior to and during the Period of Performance, per the Applicant Resolution/Authorizations submitted by all Sponsors (and on Y
file with the RCO),the identified Authorized Representative(s)/Agent(s)have full authority to legally bind the Sponsor(s) c
regarding all matters related to the project identified above, including but not limited to,full authority to: (1)sign a grant
application for grant assistance, (2)enter into this Agreement on behalf of the Sponsor(s), including indemnification, as
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provided therein, (3)enter any amendments thereto on behalf of Sponsor(s), and (4)make any decisions and submissions —y
required with respect to the project.Agreements and amendments must be signed by the Authorized Representative/Agent(s) G
of all Sponsors, unless otherwise allowed in the AMENDMENTS TO AGREEMENT Section. 00
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A. During the Period of Performance, in order for a Sponsor to change its Authorized Representative/Agent as identified r-
on the original signed Applicant Resolution/Authorization the Sponsor must provide the RCO a new Applicant a
Resolution/Authorization signed by its governing body or a written delegation of authority to sign in lieu of originally 4)
authorized Representative/Agency(s). Unless a new Applicant Resolution/Authorization has been provided,the RCO Q
shall proceed on the basis that the person who is listed as the Authorized Representative in the last
Resolution/Authorization that RCO has received is the person with authority to bind the Sponsor to the Agreement L
(including any amendments thereto)and decisions related to implementation of the Agreement. (9
B. Amendments After the Period of Performance. RCO reserves the right to request and Sponsor has the obligation to
provide, authorizations and documents that demonstrate any signatory to an amendment has the authority to legally M
bind the Sponsor as described in the above Sections.
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For the purposes of this Agreement, as well as for grant management purposes with RCO, only the primary Sponsor may act o
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as a fiscal agent to obtain reimbursements(See PROJECT REIMBURSEMENTS Section). a
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PURPOSE OF AGREEMENT
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This Agreement sets out the terms and conditions by which a grant is made from the General Fund -Federal of the State of Y
Washington.The grant is administered by the Recreation and Conservation Office(RCO). U
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DESCRIPTION OF PROJECT
The City of Kent is seeking grant funding to support feasibility study and alternatives analysis for restoring Chinook salmon >
habitat along 0.8 miles of the Lower Green River(RM 17).A previous levee setback in the project area provides an opportunity —J
for implementing a variety of habitat enhancements(e.g., large wood, habitat benches, alcoves, and riparian revegetation)
within approximately 15 acres of floodplain habitat waterward of the levee. The overall project goal is to restore floodplain y
function, improve edge habitat complexity and expand available low velocity water,juvenile rearing habitat along the heavily G
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developed Lower Green River. Expanded rearing habitat within the Lower Green will support increased juvenile Chinook
salmon residence times, a high proportion of larger size parr migrants prior to entry into the Duwamish estuary and improved
marine survival/population productivity for the Green River Chinook population. In addition,the project seeks to control
invasive riparian vegetation and revegetate the riparian buffer to address elevated instream temperatures that regularly
exceed water quality standards.
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PERIOD OF PERFORMANCE
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The period of performance begins on September 14, 2023(project start date)and ends on September 15, 2025(project end
date). No allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by
written amendment or addendum to this Agreement, or specifically provided for by applicable RCWs,WACs, and any Q
applicable RCO manuals as of the effective date of this Agreement.
RCO: 23-1052 Revision Date: 5/1/2023 Page 1 of 23
23-1052
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The RCO reserves the right to summarily dismiss any request to amend this Agreement if not made at least 60 days before
the project end date.
STANDARD TERMS AND CONDITIONS INCORPORATED
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The Standard Terms and Conditions of the Recreation and Conservation Office attached hereto are incorporated by reference m
as part of this Agreement.
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LONG-TERM OBLIGATIONS W
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For this planning project,the sponsor's on-going obligation shall be the same as the period of performance identified in the M
Period of Performance section.
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PROJECT FUNDING
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The total grant award provided for this project shall not exceed $255,319.00.The RCO shall not pay any amount beyond that
approved for grant funding of the project and within the percentage as identified below.The Sponsor shall be responsible for y
all total project costs that exceed this amount. The minimum matching share provided by the Sponsor shall be as indicated
below:
Percentage Dollar Amount Source of Funding 0
SRFB-Salmon Federal Projects 85.00% $255,319.00 Federal
Project Sponsor 15.00% $45,057.00
Total Project Cost 100.00% $300,376.00 0
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FEDERAL FUND INFORMATION a
If federal funding information is included in this section,this project is funded by, matched by, and/or funded in part by the Q
following federal award, or subaward:
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Federal Agency: US Dept of Commerce
Assistance Listing Number and Name: 11.438- PCSRF
Federal Award Identification Number: NA23NMF4380390
Federal Fiscal Year: 2023 00
Federal Award Date: 08/17/2023
Total Federal Award: $24,735,000
Federal Award Project Description: FY2023 Pacific Coastal Salmon Recovery o
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Sponsor's Indirect Cost Rate: 0.00%of all costs for this agreement a
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This funding is not research and development(R&D).
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If the Sponsor's total federal expenditures are$750,000 or more during the Sponsor's fiscal-year,the Sponsor is required to
have a federal single audit conducted for that year in compliance with 2 C.F.R. Part 200(as updated).The Sponsor must co
provide a copy of the final audit report to RCO within nine months of the end of the Sponsor's fiscal year, unless a longer
period is agreed to in advance by the federal agency identified in this section. U)
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Sponsor shall comply with the federal "Omni-circular" (2 C.F.R. Part 200). m
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RCO may suspend all reimbursements if the Sponsor fails to timely provide a single federal audit;further the RCO reserves 0)
the right to suspend any and all RCO Agreement(s)with the Sponsor if such noncompliance is not promptly cured. 9
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RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS
All rights and obligations of the parties under this Agreement are further specified in and shall be interpreted in light of the
Sponsor's application and the project summary and eligible scope activities under which the Agreement has been approved aa))
and/or amended as well as documents produced in the course of administering the Agreement, including the eligible scope
activities, the milestones report, progress reports, and the final report. Provided,to the extent that information contained in Q
such documents is irreconcilably in conflict with the Agreement, such information shall not be used to vary the terms of the
Agreement, unless the terms in the Agreement are shown to be subject to an unintended error or omission. "Agreement"as
used here and elsewhere in this document, unless otherwise specifically stated, has the meaning set forth in the definitions of E
the Standard Terms and Conditions.
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RCO: 23-1052 Revision Date: 5/1/2023 Page 2 of 23
23-1052
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4.I.a
AMENDMENTS TO AGREEMENT
Except as provided herein, no amendment(including without limitation, deletions)of this Agreement will be effective unless set
forth in writing signed by all parties. Exception: extensions of the Period of Performance and minor scope adjustments need
only be signed by RCO's director or designee and consented to in writing (including email)by the Sponsor's Authorized +,
Representative/Agent or Sponsor's designated point of contact for the implementation of the Agreement(who may be a
person other than the Authorized Agent/Representative), unless otherwise provided for in an amendment. This exception does E
not apply to a federal government Sponsor or a Sponsor that requests and enters into a formal amendment for extensions or 4)
minor scope adjustments.
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It is the responsibility of a Sponsor to ensure that any person who signs an amendment on its behalf is duly authorized to do i J
so.
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Unless otherwise expressly stated in an amendment, any amendment to this Agreement shall be deemed to include all current M
federal, state, and local government laws and rules, and policies applicable and active and published in the applicable RCO =
manuals or on the RCO website in effect as of the effective date of the amendment,without limitation to the subject matter of p
the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall
apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone. a),
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However, any such amendment, unless expressly stated, shall not extend or reduce the long-term obligation term. y
COMPLIANCE WITH APPLICABLE STATUTES, RULES,AND POLICIES O
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This Agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations, 0
applicable RCO manuals as identified below, Exhibits, and any applicable federal program and accounting rules effective as of
the date of this Agreement or as of the effective date of an amendment, unless otherwise provided in the amendment. m
Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only
prospectively and shall not require that an act previously done in compliance with existing requirements be redone unless a)
otherwise expressly stated in the amendment.
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For the purpose of this Agreement,WAC Title 420, SRFB policies shall apply as terms of this Agreement. y
For the purpose of this Agreement,the following RCO manuals are deemed applicable and shall apply as terms of this Q
Agreement: M
• Reimbursements-Manual 8
• Salmon Recovery Grants-Manual 18
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SPECIAL CONDITIONS U
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FEASIBILITY ASSESSMENT AND DESIGN ALTERNATIVES REVIEW
The SRFB Review Panel conditions this project for review and approval of the feasibility assessment and alternatives analysis a
design deliverables(prior to selection and advancement of the preferred alternative). This includes the following:feasibility
analysis, technical memo or design report with the alternatives identified, and selection criteria and rationale, all supporting
technical documents, and potentially preferable alternative. This review must occur prior to advancing to conceptual design on =
any given alternative.The SRFB Review Panel will have the opportunity to provide technical input into the design.The SRFB
Review Panel will provide comments to the sponsor in 30 days or less,from the time materials are received. Please account co
for this review timing in your project delivery schedule.
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SPECIAL CONDITIONS-CULTURAL RESOURCES m
CONDITION APPLIES TO THE FOLLOWING AREA(S): Boeing Levee Setback Habitat Rehabilitation Kent WA
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State-RCO Lead: Background study required: This agreement requires compliance with Executive Order 21-02. RCO
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has completed the initial consultation for this project and a cultural resources background study is required to evaluate the
project area,facilitate avoidance of cultural resources, and inform project design.The study should include a records Q
search and summary of the land use history of the project area and provide recommendations for cultural resources
treatment of future restoration or development actions. The study must include an assessment of any possibly historic
structures or buildings on the property. RCO will withhold final payment on the contract until the Sponsor submits the
results of the cultural resources background study and receives a notice of cultural resources completion. If archaeological
or historic materials are discovered within the project area,work in the immediate vicinity must stop and the Sponsor must Q
RCO: 23-1052 Revision Date: 5/1/2023 Page 3 of 23
23-1052
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4.I.a
ensure compliance with the provisions found in this agreement.All cultural resources work must meet reporting guidelines
outlined by the Department of Archaeology and Historic Preservation.
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AGREEMENT CONTACTS E
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The parties will provide all written communications and notices under this Agreement to either or both the mail address and/or c0i
the email address listed below:
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Sponsor Project Contact RCO Contact w
Christina Neff Kate McLaughlin c
Senior Biologist Outdoor Grants Manager
400 West Gowe Street PO Box 40917
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Kent,WA 98032 Olympia,WA 98504-0917
cneff@kentwa.gov kate.mclaughlin@rco.wa.gov o
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These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any change.
Unless otherwise provided for in this Agreement, decisions relating to the Agreement must be made by the Authorized Y
Representative/Agent,who may or may not be the Project Contact for purposes of notices and communications. c
ENTIRE AGREEMENT
This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other G
understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. 00
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EFFECTIVE DATE a
Unless otherwise provided for in this Agreement,this Agreement,for Project 23-1052, shall become effective and binding on Q
the date signed by both the sponsor and the RCO's authorized representative,whichever is later(Effective Date).
Reimbursements for eligible and allowable costs incurred within the period of performance identified in the PERIOD OF
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PERFORMANCE Section are allowed only when this Agreement is fully executed and an original is received by RCO. �
The Sponsor has read,fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement
and the STANDARD TERMS AND CONDITIONS OF THE RCO GRANT AGREEMENT.The signatories listed below M
represent and warrant their authority to bind the parties to this Agreement. --
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City of Kent (D
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By: Date: a
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Name(printed):
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State of Washington Recreation and Conservation Office
On behalf of the Salmon Recovery Funding Board (SRFB or funding board) a)
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By: Date: o
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Director
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Recreation and Conservation Office
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Pre-approved as to form:
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By: 4 Date: 05/01/2023 t
Assistant Attorney General r
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RCO: 23-1052 Revision Date: 5/1/2023 Page 4 of 23
23-1052
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WASHINGTON 57ATE RCO Grant Agreem 4.La
Recreation and
Conservation Office
Project Sponsor: City of Kent Project Number:23-1052P
Number:23-1052
Project Title: Boeing Levee Setback Habitat Project Approval Date:09/14/2023
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Eligible Scope Activities
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ELIGIBLE SCOPE ACTIVITIES
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Planning Metrics o
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Worksite#1, Boeing Levee Setback Habitat Rehabilitation
Targeted salmonid ESU/DPS (A.23): Chinook Salmon-Puget Sound ESU, Chum
Salmon-Puget Sound/Strait of Georgia ESU, Y
Coho Salmon-Puget Sound/Strait of Georgia
ESU, Pink Salmon-unidentified ESU, Steelhead-
Puget Sound DPS
Targeted species(non-ESU species): Lamprey y
Area Encompassed (acres)(B.O.b.1): 15.0
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Miles of Stream and/or Shoreline Affected (B.O.b.2): 0.80
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Design for Salmon restoration
Conceptual Design (B.1.b.11.a RCO) y
Project Identified in a Plan or Watershed Assessment. (2457) WRIA 9 Salmon Habitat Plan Update by King Q
(B.1.b.11.a): County 2016 Five-year Review: Summary and
Evaluation of Puget Sound Chinook Salmon, L
Hood Canal Summer Run Chum Salmon, and 0
Puget Sound Steelhead
Priority in Recovery Plan (2458)(B.1.b.11.b): Tier 2 Project LG-10 in the Salmon Habitat Plan
Update by King County;A Tier 1 project in the M
2022-2026 Puget Sound Action Agenda(Protect +,
and restore habitat and habitat forming y
processes; Prevent the worse effects of climate o a`change)
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RCO: 23-1052 Revision Date: 5/1/2023 Page 5 of 23
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.� WASWNGTDN STATE RCO Grant Agreem 4.La
Recreation and
Conservation Office
Project Sponsor: City of Kent Project Number:23-1052P
Number:23-1052
Project Title: Boeing Levee Setback Habitat Project Approval Date:09/14/2023 w
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Project Milestones
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PROJECT MILESTONE REPORT
Complete Milestone Target Date Comments/Description
Project Start 09/14/2023 O
Data Gathering Started 10/31/2023
RFP Complete/Consultant Hired 01/30/2024 Feasibility study and basis of design
Annual Project Billing Due 02/19/2024
Progress Report Due 03/04/2024 �c
Other 06/30/2024 Data gathering complete 0
Cultural Resources Complete 07/31/2024 a�
Progress Report Due 09/16/2024
Draft Design to RCO 11/25/2024 Feasibility and basis of design to RCO c
Other 12/31/2024 Preferred alternative advanced to conceptual m
design w
Annual Project Billing Due 02/24/2025 c
Progress Report Due 03/17/2025
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Conceptual Design 08/11/2025
Final Report Due 09/01/2025 a
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Agreement End Date 09/15/2025
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Progress Report Due 09/25/2025
Final Billing Due 12/15/2025
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23-1052
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.J WASHINGTON STATE RCO Grant Agreem
Recreation and
Conservation Office
Project Sponsor: City of Kent Project Number:23-1052P
Number:23-1052
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Project Title: Boeing Levee Setback Habitat Project Approval Date:09/14/2023
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Standard Terms and Conditions of the Recreation and
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Conservation Office
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Table of Contents °
STANDARD TERMS AND CONDITIONS EFFECTIVE DATE......................................................................................................8
CITATIONS, HEADINGS AND DEFINITIONS ..............................................................................................................................8 m
PERFORMANCE BY THE SPONSOR........................................................................................................................................10
ASSIGNMENT.............................................................................................................................................................................11
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RESPONSIBILITY FOR PROJECT.............................................................................................................................................11 w
INDEMNIFICATION.....................................................................................................................................................................11 0
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INDEPENDENT CAPACITY OF THE SPONSOR.......................................................................................................................12 a�
CONFLICT OF INTEREST..........................................................................................................................................................12 m
COMPLIANCE WITH APPLICABLE LAW...................................................................................................................................12 ,
ARCHAEOLOGICAL AND CULTURAL RESOURCES...............................................................................................................13
RECORDS...................................................................................................................................................................................14
PROJECTFUNDING...................................................................................................................................................................14 a
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PROJECT REIMBURSEMENTS.................................................................................................................................................15 (D
RECOVERY OF PAYMENTS......................................................................................................................................................16
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COVENANT AGAINST CONTINGENT FEES.............................................................................................................................16
INCOME (AND FEES)AND USE OF INCOME...........................................................................................................................16 L
PROCUREMENT REQUIREMENTS...........................................................................................................................................16
TREATMENT OF EQUIPMENT AND ASSETS...........................................................................................................................17
RIGHT OF INSPECTION.............................................................................................................................................................17 v
STEWARDSHIP AND MONITORING .........................................................................................................................................18 cw
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ACKNOWLEDGMENT AND SIGNS............................................................................................................................................18 ..
PROVISIONS FOR FEDERAL SUBAWARDS............................................................................................................................18
PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS.............................................................................210 0
ORDER OF PRECEDENCE........................................................................................................................................................20 a
LIMITATION OF AUTHORITY.....................................................................................................................................................21
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WAIVEROF DEFAULT...............................................................................................................................................................21
APPLICATION REPRESENTATIONS-MISREPRESENTATIONS OR INACCURACY OR BREACH .....................................21
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SPECIFICPERFORMANCE.......................................................................................................................................................21 =
TERMINATION AND SUSPENSION...........................................................................................................................................21 Y
DISPUTEHEARING....................................................................................................................................................................22 f°
ATTORNEYS' FEES....................................................................................................................................................................23 m
GOVERNING LAW/VENUE.........................................................................................................................................................23 (n
SEVERABILITY...........................................................................................................................................................................23
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END OF STANDARD TERMS AND CONDITIONS.....................................................................................................................23 y
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STANDARD TERMS AND CONDITIONS EFFECTIVE DATE
This document sets forth the Standard Terms and Conditions of the Recreation and Conservation Office as of 10/30/2023. +.
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CITATIONS, HEADINGS AND DEFINITIONS
A. Any citations referencing specific documents refer to the current version on the effective date of this Agreement or the
effective date of any amendment thereto.
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B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of 0
this Agreement.
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C. Definitions.As used throughout this Agreement, the following terms shall have the meaning set forth below: o
Agreement,terms of the Agreement,or project agreement—The document entitled "RCO GRANT AGREEMENT"
accepted by all parties to the present project and transaction, including without limitation the Standard Terms and
Conditions of the RCO Grant Agreement, all exhibits, attachments, addendums, amendments, and applicable °'
manuals, and any intergovernmental agreements, and/or other documents that are incorporated into the Agreement Y
subject to any limitations on their effect under this Agreement. c
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applicable manual(s), manual—A manual designated in this Agreement to apply as terms of this Agreement,
subject(if applicable)to substitution of the"RCO director"for the term"board"in those manuals where the project is y
not approved by or funded by the referenced board, or a predecessor to the board. 0
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applicable WAC(s)—Designated chapters or provisions of the Washington Administrative Code that apply by their 4)
terms to the type of grant in question or are deemed under this Agreement to apply as terms of the Agreement, c
subject to substitution of the"RCO director"for the term"board"or"agency" in those cases where the RCO has a
contracted to or been delegated to administer the grant program in question. m
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applicant—Any party, prior to becoming a Sponsor,who meets the qualifying standards/eligibility requirements for
the grant application or request for funds in question. L
application—The documents and other materials that an applicant submits to the RCO to support the applicant's
request for grant funds;this includes materials required for the"Application" in the RCO's automated project
information system, and other documents as noted on the application checklist including but not limited to legal M
opinions, maps, plans, evaluation presentations and scripts.
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Authorized Representative/Agent—A Sponsor's agent(employee, political appointee, elected person, etc.) o
authorized to be the signatory of this Agreement and any amendments requiring a Sponsor's signature.This person a
has the signature authority to bind the Sponsor to this Agreement, grant, and project.
C.F.R.—Code of Federal Regulations
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completed project or project completion—The status of a project when all of the following have occurred: U
• The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of m
work to implement the project have been completed satisfactorily. rn
• A final project report is submitted to and accepted by RCO. (D
• Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been J
delivered to the RCO.
• A final reimbursement request has been delivered to and paid by RCO. c
• Documents affecting property rights(including RCO's as may apply)and any applicable notice of grant, have 0
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been recorded (as may apply). m
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contractor—An entity that receives a contract from a Sponsor related to performance of work or another obligation E
under this Agreement.
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Cultural Resources—Archaeological or historic archaeological sites, historic buildings/structures, and cultural or Q
sacred places.
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director—The chief executive officer of the Recreation and Conservation Office or that person's designee. E
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effective date—The date when the signatures of all parties to this agreement are present in the agreement.
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equipment—Tangible personal property(including information technology systems) having a useful service life of
more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level
established by the Sponsor or$5,000(2 C.F.R. Part 200(as updated)).
funding board or board—The Washington State Recreation and Conservation Funding Board, or the Washington r_
State Salmon Recovery Funding Board. Or both as may apply.
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Funding Entity—the entity that approves the project that is the subject to this Agreement. c
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grant program—The source of the grant funds received. May be an account in the state treasury, or a grant category W
within a larger grant program, or a federal source.
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indirect cost—Costs incurred for a common or joint purpose benefitting more than one cost objective, and not
readily assignable to the cost objectives specifically benefitted,without effort disproportionate to the results achieved =
(2 C.F.R. 200 as updated).
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long-term obligations—Sponsor's obligations after the project end date, as specified in the Agreement and manuals
and other exhibits as may apply.
landowner agreement—An agreement that is required between a Sponsor and landowner for projects located on �c
land not owned, or otherwise controlled, by the Sponsor. 0
match or matching share—The portion of the total project cost provided by the Sponsor.
milestone—An important event with a defined date to track an activity related to implementation of a funded project 0
and monitor significant stages of project accomplishment. m
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Office—Means the Recreation and Conservation Office or RCO.
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pass-through entity—A non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal
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program (2 CFR 200(as updated)). If this Agreement is a federal subaward, RCO is the pass-through entity. Q
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period of performance—The period beginning on the project start date and ending on the project end date. L
planning project-A project that results in one or more of the following: 1)a study, a plan, assessment, project
design, inventory, construction plans and specifications, and permits; or 2)a project that provides money to facilitate
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the work of an organization engaged in planning and coordination, or resource stewardship.
pre-agreement cost—A project cost incurred before the period of performance. y
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primary Sponsor—The Sponsor who is not a secondary Sponsor and who is specifically identified in the Agreement a
as the entity to which RCO grants funds to and authorizes and requires to administer the grant.Administration
includes but is not limited to acting as the fiscal agent for the grant(e.g. requesting and accepting reimbursements,
submitting reports). Primary Sponsor includes its officers, employees, agents and successors. lie
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project—The undertaking that is funded by this Agreement either in whole or in part with funds administered by U
RCO.
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project area—The area consistent with the geographic limits of the scope of work of the project and subject to U)
project agreement requirements. For restoration projects, the project area must include the physical limits of the
project's final site plans or final design plans. For acquisition projects, the project area must include the area m
described by the legal description of the properties acquired for or committed to the project. J
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project completion or completed project—The status of a project when all of the following have occurred: O
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• The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of
work to implement the project have been completed satisfactorily.
• A final project report is submitted to and accepted by RCO.
• Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been
delivered to the RCO.
• A final reimbursement request has been delivered to and paid by RCO. Q
• Documents affecting property rights(including RCO's as may apply)and any applicable notice of grant, have
been recorded (as may apply).
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project cost—The total allowable costs incurred under this Agreement and all required match share and voluntary Q
committed matching share, including third-party contributions(see also 2 C.F.R. Part 200 (as updated))for federally
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funded projects).
project end date—The specific date identified in the Agreement on which the period of performance ends, as may
be changed by amendment. This date is not the end date for any long-term obligations.
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project start date—The specific date identified in the Agreement on which the period of performance starts. aD
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RCO—Recreation and Conservation Office—The state agency that administers the grant that is the subject of this c
Agreement. RCO includes the director and staff. t
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RCW—Revised Code of Washington W
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reimbursement—RCO's payment of funds from eligible and allowable costs that have already been paid by the 0
Sponsor per the terms of the Agreement. _
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renovation project—A project intended to improve an existing site or structure in order to increase its useful service
life beyond current expectations or functions. This does not include maintenance activities to maintain the facility for
its originally expected useful service life.
secondary Sponsor—One of two or more Sponsors who is not a primary Sponsor. Only the primary Sponsor may �c
be the fiscal agent for the project. c
Sponsor—A Sponsor is an organization that is listed in and has signed this Agreement.
Sponsor Authorized Representative/Agent—A Sponsor's agent(employee, political appointee, elected person, G
etc.)authorized to be the signatory of this Agreement and any amendments requiring a Sponsor signature.This 00
person has the signature authority to bind the Sponsor to this Agreement,grant, and project. a)
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SRFB—Salmon Recovery Funding Board f°
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subaward—Funds allocated to the RCO from another organization,for which RCO makes available to or assigns to Q
another organization via this Agreement.Also, a subaward may be an award provided by a pass-through entity to a
subrecipient for the subrecipient to carry out part of any award received by the pass-through entity. It does not include L
payments to a contractor or payments to an individual that is a beneficiary of a federal or other program.A subaward 0
may be provided through any form of legal agreement, including an agreement that the pass-through entity considers
a contract.Also see 2 C.F.R. Part 200 (as updated). For federal subawards, a subaward is for the purpose of carrying 00
out a portion of a Federal award and creates a federal assistance relationship with the subrecipient(2 C.F.R. Part 200
(as updated)). If this Agreement is a federal subaward,the subaward amount is the grant program amount in the +,
Project Funding Section. y
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subrecipient—Subrecipient means an entity that receives a subaward. For non-federal entities receiving federal a
funds, a subrecipient is an entity that receives a subaward from a pass-through entity to carry out part of a federal
program; but does not include an individual that is a beneficiary of such program.A subrecipient may also be a
recipient of other federal awards directly from a federal awarding agency(2 C.F.R. Part 200(as updated)). If this ca
Agreement is a federal subaward,the Sponsor is the subrecipient. lie
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tribal consultation—Outreach, and consultation with one or more federally recognized tribes(or a partnership or
coalition or consortium of such tribes, or a private tribal enterprise)whose rights will or may be significantly affected m
by the proposed project.This includes sharing with potentially-affected tribes the scope of work in the grant and U)
potential impacts to natural areas, natural resources, and the built environment by the project. It also includes (D
responding to any tribal request from such tribes and considering tribal recommendations for project implementation
which may include not proceeding with parts of the project, altering the project concept and design, or relocating the J
project or not implementing the project, all of which RCO shall have the final approval of.
useful service life—Period during which a built asset, equipment, or fixture is expected to be useable for the pip
purpose it was acquired, installed, developed, and/or renovated, or restored per this Agreement.
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WAC—Washington Administrative Code. E
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PERFORMANCE BY THE SPONSOR Q
The Sponsor shall undertake the project as described in this Agreement, and in accordance with the Sponsor's proposed
goals and objectives described in the application or documents submitted with the application, all as finally approved by the m
RCO (to include any RCO approved changes or amendments thereto).All submitted documents are incorporated by this t
reference as if fully set forth herein. U
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4.I.a
Timely completion of the project and submission of required documents, including progress and final reports, is important.
Failure to meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement.
ASSIGNMENT
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Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Sponsor without m
prior written approval of the RCO. Sponsor shall not sell, give, or otherwise assign to another party any property right, or alter 0
a conveyance (see below)for the project area acquired with this grant without prior approval of the RCO.
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RESPONSIBILITY FOR PROJECT c
Although RCO administers the grant that is the subject of this Agreement,the project itself remains the sole responsibility of
the Sponsor.The RCO and Funding Entity(if different from the RCO)undertakes no responsibilities to the Sponsor, or to any 2
third party, other than as is expressly set out in this Agreement. o
The responsibility for the implementation of the project is solely that of the Sponsor, as is the responsibility for any claim or suit
of any nature by any third party related in any way to the project.When a project has more than one Sponsor, any and all
Sponsors are equally responsible for the project and all post-completion stewardship responsibilities and long-term obligations °'
unless otherwise stated in this Agreement. Y
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The RCO, its employees, assigns, consultants and contractors, and members of any funding board or advisory committee or
other RCO grant review individual or body, have no responsibility for reviewing, approving, overseeing or supervising design,
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construction, or safety of the project and leaves such review, approval, oversight and supervision exclusively to the Sponsor —y
and others with expertise or authority. In this respect,the RCO, its employees, assigns, consultants and contractors, and any 0
funding board or advisory committee or other RCO grant review individual or body will act only to confirm at a general, lay o0
person, and nontechnical level, solely for the purpose of project eligibility and payment and not for safety or suitability, that the 4)
project apparently is proceeding or has been completed as per the Agreement. c
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INDEMNIFICATION Q
The Sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or
suits at law or equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence in connection
with this Agreement(including without limitation all work or activities thereunder), or the breach of any obligation under this
Agreement by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors, or vendors, of any tier, or any
other persons for whom the Sponsor may be legally liable. 00
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Provided that nothing herein shall require a Sponsor to defend or indemnify the State against and hold harmless the State
from claims, demands or suits based solely upon the negligence of the State, its employees and/or agents for whom the State
is vicariously liable.
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Provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the Sponsor or the a
Sponsor's agents or employees, and (b)the State, or its employees or agents the indemnity obligation shall be valid and
enforceable only to the extent of the Sponsor's negligence or its agents, or employees. lie
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As part of its obligations provided above,the Sponsor specifically assumes potential liability for actions brought by the 0
Sponsor's own employees or its agents against the State and, solely for the purpose of this indemnification and defense,the
Sponsor specifically waives any immunity under the state industrial insurance law, RCW Title 51. Sponsor's waiver of
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immunity under this provision extends only to claims against Sponsor by Indemnitee RCO, and does not include, or extend to, 0
any claims by Sponsor's employees directly against Sponsor. >
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Sponsor shall ensure that any agreement relating to this project involving any contractors, subcontractors and/or vendors of a)
any tier shall require that the contracting entity indemnify, defend,waive RCW 51 immunity, and otherwise protect the State as 9
provided herein as if it were the Sponsor.This shall not apply to a contractor or subcontractor is solely donating its services to 0
the project without compensation or other substantial consideration. m
The Sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims, y
demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other E
allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or a0i
inventions by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors or vendors, of any tier, or any
other persons for whom the Sponsor may be legally liable, in performance of the work under this Agreement or arising out of Q
any use in connection with the Agreement of methods, processes, designs, information or other items furnished or
communicated to the State, its agents, officers and employees pursuant to the Agreement. Provided,this indemnity shall not m
apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents,
proprietary information, know-how, copyright rights or inventions resulting from the State's, its agents', officers'and
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employees'failure to comply with specific written instructions regarding use provided to the State, its agents, officers and r
employees by the Sponsor, its agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for Q
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4.I.a
whom the Sponsor may be legally liable.
The funding board and RCO are included within the term State, as are all other agencies, departments, boards, councils,
committees, divisions, bureaus, offices, societies, or other entities of state government.
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INDEPENDENT CAPACITY OF THE SPONSOR 4)
The Sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the RCO
or Funding Entity. The Sponsor will not hold itself out as nor claim to be an officer, employee or agent of the RCO or the
Funding Entity, or of the state of Washington, nor will the Sponsor make any claim of right, privilege or benefit which would w
accrue to an employee under RCW 41.06. M
The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by 0
federal, state, and/or local laws. _
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CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written
notice to the Sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation Y
of the Ethics in Public Service Act, RCW 42.52; or any similar statute involving the Sponsor in the procurement of, or c
performance under,this Agreement.
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In the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the same remedies against the —y
Sponsor as it could pursue in the event of a breach of the Agreement by the Sponsor.The rights and remedies of RCO 0
provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or this M
Agreement. 4)
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COMPLIANCE WITH APPLICABLE LAW
In implementing the Agreement,the Sponsor shall comply with all applicable federal, state, and local laws(including without Q
limitation all applicable ordinances, codes, rules, and regulations). Such compliance includes,without any limitation as to other
applicable laws,the following laws:
A. Nondiscrimination Laws.The Sponsor shall comply with all applicable federal, state, and local nondiscrimination
laws and/or policies, including but not limited to:the Americans with Disabilities Act; Civil Rights Act; and the Age 00
Discrimination Employment Act(if applicable). In the event of the Sponsor's noncompliance or refusal to comply with
any nondiscrimination law or policy,the Agreement may be rescinded, cancelled, or terminated in whole or in part,
and the Sponsor may be declared ineligible for further grant awards from the RCO or Funding Entity.The Sponsor is
responsible for any and all costs or liability arising from the Sponsor's failure to so comply with applicable law. Except o
where a nondiscrimination clause required by a federal funding agency is used, the Sponsor shall insert the following a
nondiscrimination clause in each contract for construction of this project: "During the performance of this contract,the a
contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies."
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B. Secular Use of Funds. No funds awarded under this grant may be used to pay for any religious activities,worship, or Y
instruction, or for lands and facilities for religious activities,worship, or instruction. Religious activities,worship, or U
instruction may be a minor use of the grant supported recreation and conservation land or facility.
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C. Wages and Job Safety.The Sponsor agrees to comply with all applicable laws, regulations, and policies of the 0
United States and the State of Washington or other jurisdiction which affect wages and job safety.The Sponsor
agrees when state prevailing wage laws(RCW 39.12)are applicable,to comply with such laws,to pay the prevailing m
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rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to a)
file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as 9
required by RCW 39.12.40. The Sponsor also agrees to comply with the provisions of the rules and regulations of the 0
Washington State Department of Labor and Industries. m
1) Pursuant to RCW 39.12.040(1)(a), all contractors and subcontractors shall submit to Sponsor a statement of y
intent to pay prevailing wages if the need to pay prevailing wages is required by law. If a contractor or E
subcontractor intends to pay other than prevailing wages, it must provide the Sponsor with an affirmative
statement of the contractor's or subcontractor's intent. Unless required by law, the Sponsor is not required to a�
investigate a statement regarding prevailing wage provided by a contractor or subcontractor. Q
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D. Restrictions on Grant Use. No part of any funds provided under this grant shall be used, other than for normal and m
recognized executive-legislative relationships,for publicity or propaganda purposes, or for the preparation, E
distribution, or use of any kit, pamphlet, booklet, publication, radio,television, or video presentation designed to
0
support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided r
under this grant shall be used to pay the salary or expenses of any Sponsor, or agent acting for such Sponsor, related Q
to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state
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4.I.a
legislature.
E. Debarment and Certification. By signing the Agreement with RCO,the Sponsor certifies that neither it nor its
principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries. c
Further, the Sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party a)
that is on Washington State Department of Labor and Industries' "Debarred Contractor List."
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ARCHAEOLOGICAL AND CULTURAL RESOURCES W
A. Project Review. RCO facilitates the review of projects for potential impacts to archaeology and cultural resources, M
except as those listed below.The Sponsor shall follow RCO guidance and directives to assist it with such review as
may apply. 0
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1) Projects occurring on State/Federal Lands: Archaeological and cultural resources compliance for projects 0
occurring on State or Federal Agency owned or managed lands,will be the responsibility of the respective M
agency, regardless of sponsoring entity type. Prior to ground disturbing work or alteration of a potentially
historic or culturally significant structure, or release of final payments on an acquisition,the Sponsor must
provide RCO all documentation acknowledging and demonstrating that the applicable archaeological and
cultural resources responsibilities of such state or federal landowner or manager has been conducted. 0
0
B. Termination. RCO retains the right to terminate a project due to anticipated or actual impacts to archaeology and
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cultural resources.
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C. Notice To Proceed. No work shall commence in the project area until RCO has provided a notice of cultural resources m
completion. RCO may require on-site monitoring for impacts to archaeology and cultural resources during any
demolition, construction, land clearing, restoration, or repair work, and may direct that work stop to minimize, mitigate, c
or avoid impacts to archaeology and cultural resource impacts or concerns.All cultural resources requirements for c�a
non ground disturbing projects (such as acquisition or planning projects) must be met prior to final reimbursement.
D. Compliance and Indemnification.At all times, the Sponsor shall take reasonable action to avoid, minimize, or mitigate Q
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adverse effects to archaeological and historic resources in the project area, and comply with any RCO direction for
such minimization and mitigation.All federal or state cultural resources requirements under Governor's Executive L
Order 21-02 and the National Historic Preservation Act, and the State Environmental Policy Act and the National
Environmental Policy Act, and any local laws that may apply, must be completed prior to the start of any work on the
project site.The Sponsor must agree to indemnify and hold harmless the State of Washington in relation to any claim ao
related to historical or cultural artifacts discovered, disturbed, or damaged due to the project funded under this
Agreement. Sponsor shall comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable
local, state, and federal laws protecting cultural resources and human remains. (D
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E. Costs associated with project review and evaluation of archeology and cultural resources are eligible for a
reimbursement under this agreement. Costs that exceed the budget grant amount shall be the responsibility of the
Sponsor.
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F. Inadvertent Discovery Plan.The Sponsor shall request, review, and be bound by the RCO Inadvertent Discovery �c
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Plan, and: 0
1) Keep the IDP at the project site. to
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2) Make the IDP readily available to anyone working at the project site. >
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3) Discuss the IDP with staff and contractors working at the project site. a)
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4) Implement the IDP when cultural resources or human remains are found at the project site. 0
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G. Inadvertent Discovery
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1) If any archaeological or historic resources are found while conducting work under this Agreement, the m
Sponsor shall immediately stop work and notify RCO,the Department of Archaeology and Historic
Preservation at(360)586-3064, and any affected Tribe, and stop any activity that may cause further Q
disturbance to the archeological or historic resources.
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2) If any human remains are found while conducting work under this Agreement, Sponsor shall immediately
stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then t
RCO, all in the most expeditious manner, and stop any activity that may cause disturbance to the remains.
Sponsor shall secure the area of the find will and protect the remains from further disturbance until the State Q
provides a new notice to proceed.
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a) Any human remains discovered shall not be touched, moved, or further disturbed unless directed by
the Department of Archaeology and Historic Preservation (DAHP).
b) The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and
make a determination of whether those remains are forensic or non-forensic. If the county medical c
examiner/coroner determines the remains are non-forensic,then they will report that finding to the a)
Department of Archaeology and Historic Preservation (DAHP)who will then take jurisdiction over 4)
the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find.The c
State Physical Anthropologist will make a determination of whether the remains are Indian or Non- t
Indian and report that finding to any appropriate cemeteries and the affected tribes.The DAHP will
then handle all consultation with the affected parties as to the future preservation, excavation, and W
disposition of the remains. •`°
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RECORDS
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A. Digital Records. If requested by RCO, the Sponsor must provide a digital file(s)of the project property and funded M
project site in a format specified by the RCO.
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B. Maintenance and Retention.The Sponsor shall maintain books, records, documents, data and other records
relating to this Agreement and performance of the services described herein, including but not limited to accounting 0
procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in 0
the performance of this Agreement. Sponsor shall retain such records for a period of nine years from the date RCO
deems the project complete, as defined in the PROJECT REIMBURSEMENTS Section. If any litigation, claim or audit
is started before the expiration of the nine(9)year period,the records shall be retained until all litigation, claims, or c
audit findings involving the records have been resolved. m
C. In order to satisfy 15 CFR 24.42(b)&(c)and 2 CFR 200 (as updated),for projects that contain Pacific Coast Salmon c
Recovery Funds or are used as match to Pacific Coast Salmon Recovery Funds the sponsor shall retain records for a c�a
period of nine years from the date RCO deems the project complete as defined in the PROJECT
REIMBURSEMENTS Section.
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D. Access to Records and Data.At no additional cost, the records relating to the Agreement, including materials
generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, L
personnel duly authorized by RCO,the Office of the State Auditor, and federal and state officials so authorized by
law, regulation or agreement.This includes access to all information that supports the costs submitted for payment
under the grant and all findings, conclusions, and recommendations of the Sponsor's reports, including computer ao
models and methodology for those models.
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E. Public Records. Sponsor acknowledges that the RCO is subject to RCW 42.56 and that this Agreement and any 0
records Sponsor submits or has submitted to the State shall be a public record as defined in RCW 42.56. RCO
administers public records requests per WAC 286-06 and 420-04 (which ever applies).Additionally,the Sponsor a
agrees to disclose any information in regards to the expenditure of that funding as if the project sponsor were subject ca
to the requirements of chapter 42.56 RCW. By submitting any record to the State, Sponsor understands that the State Z
may be requested to disclose or copy that record under the state public records law, currently codified at RCW 42.56. _
The Sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy �c
such record to respond to a request under state public records laws.The Sponsor hereby agrees to release the State
from any claims arising out of allowing such review or copying pursuant to a public records act request, and to
indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state's to
defense of such claims. W
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PROJECT FUNDING a)
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A. Authority. This Agreement and funding is made available to Sponsor through the RCO. m
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B. Additional Amounts.The RCO or Funding Entity shall not be obligated to pay any amount beyond the dollar amount
as identified in this Agreement, unless an additional amount has been approved in advance by the RCO director and c
incorporated by written amendment into this Agreement.
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C. Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the project start date
shall be eligible for grant funds, in whole or in part, unless specifically provided for by the RCO director, such as a Q
waiver of retroactivity or program specific eligible pre-Agreement costs. For reimbursements of such costs, this
Agreement must be fully executed and an original received by RCO.The dollar amounts identified in this Agreement
may be reduced as necessary to exclude any such expenditure from reimbursement. E
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D. Requirements for Federal Subawards. Pre-Agreement costs before the federal award date in the FEDERAL FUND 0
INFORMATION Section are ineligible unless approved by the federal award agency(2 C.F.R§200.458(2013)). Q
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4.I.a
E. After the Period of Performance. No expenditure made, or obligation incurred,following the period of performance
shall be eligible, in whole or in part,for grant funds hereunder. In addition to any remedy the RCO or Funding Entity
may have under this Agreement,the grant amounts identified in this Agreement shall be reduced to exclude any such
expenditure from participation.
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PROJECT REIMBURSEMENTS W
A. Reimbursement Basis.This Agreement is administered on a reimbursement basis per WAC 286-13 and/or 420-12,
whichever has been designated to apply. Only the primary Sponsor may request reimbursement for eligible and
allowable costs incurred during the period of performance. The primary Sponsor may request reimbursement only w
after(1)this Agreement has been fully executed and (2)the Sponsor has remitted payment to its vendors. RCO will M
authorize disbursement of project funds only on a reimbursable basis at the percentage as defined in the PROJECT
FUNDING Section. Reimbursement shall not be approved for any expenditure not incurred by the Sponsor, or for a
donation used as part of its matching share. RCO does not reimburse for donations.All reimbursement requests must =
include proper documentation of expenditures as required by RCO. 0
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B. Reimbursement Request Frequency.The primary Sponsor is required to submit a reimbursement request to RCO,
at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30 or
as identified in the milestones. Sponsors must refer to the most recent applicable RCO manuals and this Agreement
regarding reimbursement requirements.
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C. Compliance and Payment.The obligation of RCO to pay any amount(s)under this Agreement is expressly
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conditioned on strict compliance with the terms of this Agreement and other agreements between RCO and the
Sponsor. c
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D. Conditions for Payment of Retainage. RCO reserves the right to withhold disbursement of the total amount of the
grant to the Sponsor until the following has occurred: c
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1) RCO has accepted the project as a completed project,which acceptance shall not be unreasonably withheld.
2) On-site signs are in place(if applicable);Any other required documents and media are complete and Q
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submitted to RCO;Grant related fiscal transactions are complete, and
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E. Requirements for Federal Subawards: Match. The Sponsor's matching share must comply with 2 C.F.R. Part 200
(as updated).Any shared costs or matching funds and all contributions, including cash and third party in-kind
contributions, can be accepted as part of the Sponsor's matching share when such contributions meet all of the M
following criteria: --
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1) Are verifiable from the non-Federal entity's(Sponsor's) records; 0
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2) Are not included as contributions for any other Federal award; a
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3) Are necessary and reasonable for accomplishment of project or program objectives;
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4) Are allowable under 2 C.F.R. Part 200 as updated;
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5) Are not paid by the Federal Government under another Federal award, except where the Federal statute :2
authorizing a program specifically provides that Federal funds made available for such program can be to
applied to matching or cost sharing requirements of other Federal programs; 0
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6) Are provided for in the approved budget when required by the Federal awarding agency identified in the
FEDERAL FUND INFORMATION Section of this Agreement; and a)
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7) Conform to other provisions of 2 C.F.R. Part 200(as updated)as applicable. 0
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F. Requirements for Federal Subawards: Closeout. Per 2 C.F.R§200.343(2013), the non-Federal entity(Sponsor)
must: m
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1) Submit, no later than 90 calendar days after the end date of the period of performance, all financial,
performance, and other reports as required by the terms and conditions of the Federal award.The Federal Q
awarding agency or pass-through entity(RCO)may approve extensions when requested by the Sponsor.
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2) Liquidate all obligations incurred under the Federal award not later than 90 calendar days after the end date
of the period of performance as specified in the terms and conditions of the Federal award. t
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3) Refund any balances of unobligated cash that the Federal awarding agency or pass-through entity(RCO) Q
paid in advance or paid and that are not authorized to be retained by the non-Federal entity(Sponsor)for
use in other projects. See OMB Circular A-129 and see 2 C.F.R§200.345 Collection of amounts due(2013),
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4.I.a
for requirements regarding unreturned amounts that become delinquent debts.
4) Account for any real and personal property acquired with Federal funds or received from the Federal
Government in accordance with 2 C.F.R§§200.310 Insurance coverage through 200.316 Property trust
relationship and 200.329 Reporting on real property(2013). r_
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RECOVERY OF PAYMENTS
A. Recovery for Noncompliance. In the event that the Sponsor fails to expend funds under this Agreement in
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accordance with state and federal laws, and/or the provisions of the Agreement,fails to meet its percentage of the w
project total, and/or fails to comply with any of the terms and conditions of the Agreement, RCO reserves the right to M
recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies
available at law or in equity.
2
B. Return of Overpayments.The Sponsor shall reimburse RCO for any overpayment or erroneous payments made o
under the Agreement. Repayment by the Sponsor of such funds under this recovery provision shall occur within 30
days of demand by RCO. Interest shall accrue at the rate of twelve percent(12%)per annum from the time the
Sponsor received such overpayment. Unless the overpayment is due to an error of RCO,the payment shall be due
and owing on the date that the Sponsor receives the overpayment from the RCO. If the payment is due to an error of
RCO, it shall be due and owing 30 days after demand by RCO for refund.
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C. Requirements for Federal Subawards. RCO, acting as a pass-through entity, may impose any of the remedies as
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authorized in 2 C.F.R§§200.207 Specific conditions and/or 200.338 Remedies for noncompliance(2013).
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COVENANT AGAINST CONTINGENT FEES y
The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an c
agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or a
bona fide established agents maintained by the Sponsor for the purpose of securing business. RCO shall have the right, in the m
event of breach of this clause by the Sponsor,to terminate this Agreement and to be reimbursed by Sponsor for any grant
Q
funds paid to Sponsor(even if such funds have been subsequently paid to an agent),without liability to RCO or, in RCO's
discretion,to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such L
commission, percentage, brokerage or contingent fee. (�
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INCOME(AND FEES)AND USE OF INCOME M
A. Compatible source.The source of any income generated in a funded project or project area must be compatible with
the funding source and the Agreement and any applicable manuals, RCWs, and WACs.
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B. Use of Income.Subject to any limitations contained in applicable state or federal law, any needed approvals of RCO, a
and applicable rules and policies, income or fees generated at a project work site (including entrance, utility corridor a
permit, cattle grazing,timber harvesting,farming, rent,franchise fees, ecosystem services, carbon offsets
sequestration, etc.)during or after the reimbursement period cited in the Agreement, must be used to offset: lie
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2
1) The Sponsor's matching resources; U
2) The project's total cost;
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3) The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program >
assisted by the grant funding;
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4) The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the 9
Sponsor's system; 0
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5) Capital expenses for similar acquisition and/or development and renovation; and/or
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6) Other purposes explicitly approved by RCO or otherwise provided for in this agreement. E
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C. Requirements for Federal Subawards. Requirements for Federal Subawards. Sponsors must also comply with
program income requirements(see 2 C.F.R. Part 200 (as updated)for federal awards). Q
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PROCUREMENT REQUIREMENTS t
A. Procurement Requirements. If the Sponsor has,or is required to have, a procurement process that follows r
applicable state and/or federal law or procurement rules and principles, it must be followed, documented, and Q
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4.I.a
retained. If no such process exists, the Sponsor must follow these minimum procedures:
1) Publish a notice to the public requesting bids/proposals for the project;
2) Specify in the notice the date for submittal of bids/proposals; r_
3) Specify in the notice the general procedure and criteria for selection; and
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4) Sponsor must contract or hire from within its bid pool. If bids are unacceptable the process needs to be t
repeated until a suitable bid is selected. r_
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5) Comply with the same legal standards regarding unlawful discrimination based upon race, gender, ethnicity, M
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sex, or sex-orientation that are applicable to state agencies in selecting a bidder or proposer.
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Alternatively, Sponsor may choose a bid from a bidding cooperative if authorized to do so.
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This procedure creates no rights for the benefit of third parties, including any proposers, and may not be
enforced or subject to review of any kind or manner by any entity other than the RCO. Sponsors may be m
required to certify to the RCO that they have followed any applicable state and/or federal procedures or the
above minimum procedure where state or federal procedures do not apply. �c
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B. Requirements for Federal Subawards.
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1) For all Federal subawards, non-Federal entities (Sponsors)must follow 2 C.F.R§§200.318 General y
procurement standards through 200.326 Contract Provisions(2013). 0
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TREATMENT OF EQUIPMENT AND ASSETS
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Equipment shall be used and managed only for the purpose of this Agreement, unless otherwise provided herein or in the
applicable manuals, or approved by RCO in writing. Q
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A. Discontinued Use. Equipment obtained under this Agreement shall remain in the possession of the Sponsor for the
duration of the project, or RULES of applicable grant assisted program.When the Sponsor discontinues use of the L
equipment for the purpose for which it was funded, RCO may require the Sponsor to deliver the equipment to RCO,
or to dispose of the equipment according to RCO published policies.
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B. Loss or Damage.The Sponsor shall be responsible for any loss or damage to equipment.
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C. Requirements for Federal Subawards. Procedures for managing equipment(including replacement equipment), 0
whether acquired in whole or in part under a Federal award or match for the award, until disposition takes place will,
at a minimum, meet the following requirements(2 C.F.R§200.313 (2013)as updated and amended): a
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1) Property records must be maintained that include a description of the property, a serial number or other
identification number, the source of funding for the property(including the Federal Award Identification =
Number),who holds title,the acquisition date, and cost of the property, percentage of Federal participation in �c
the project costs for the Federal award under which the property was acquired,the location, use and M
condition of the property, and any ultimate disposition data including the date of disposal and sale price of 2
the property. to
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2) A physical inventory of the property must be taken and the results reconciled with the property records at >
least once every two years. �
a)
3) A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the
property.Any loss, damage, or theft must be investigated. 0
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4) Adequate maintenance procedures must be developed to keep the property in good condition.
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5) If the non-Federal entity is authorized or required to sell the property, proper sales procedures must be m
established to ensure the highest possible return.
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RIGHT OF INSPECTION c
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The Sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or E
official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate
performance, long-term obligations, compliance, and/or quality assurance under this Agreement. If a landowner agreement or 0
other form of control and tenure limits access to the project area, it must include (or be amended to include)the RCO's right to Q
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4.I.a
inspect and access lands acquired or developed with this funding assistance.
STEWARDSHIP AND MONITORING
Sponsor agrees to perform monitoring and stewardship functions as stated in the applicable WACs and manuals,this 4)
Agreement, or as otherwise directed by RCO consistent with the existing laws and applicable manuals. Sponsor further agrees E
to utilize,where applicable and financially feasible, any monitoring protocols recommended by the RCO; provided that RCO 0
does not represent that any monitoring it may recommend will be adequate to reasonably assure project performance or
safety. It is the sole responsibility of the Sponsor to perform such additional monitoring as may be adequate for such purposes.
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ACKNOWLEDGMENT AND SIGNS
A. Federally Funded Projects.When issuing statements, press releases, requests for proposals, bid solicitations, and 2
other documents describing a project funded in whole or in part with federal money provided for in this grant, o
Sponsors shall clearly state: },
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1) The fund source;
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2) The percentage of the total costs of the project that is financed with federal money; Y
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3) The dollar amount of federal funds for the project; and
4) The percentage and dollar amount of the total costs of the project that is financed by nongovernmental y
sources. 0
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PROVISIONS FOR FEDERAL SUBAWARDS
The following provisions shall be in force for this agreement: a-
4)
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A. Sub-Recipient(Sponsor)must comply with the cost principles of 2 C.F.R. Part 200 (as updated). Unless otherwise Q
indicated,the cost principles apply to the use of funds provided under this Agreement to include match and any in-
kind matching donations.The applicability of the cost principles depends on the type of organization incurring the
costs.
B. Infrastructure Investment and Jobs Act, Pub. L. No. 117-58, Build America, Buy America Act, Pub. L. No. 117- 00
58, Section 70901-52. Subrecipients must comply with section 70914 of the Act, including by the incorporation of a
Buy America preference in the terms and conditions of each award with an infrastructure project.The Act requires the
following Buy America preference:
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1) All iron and steel used in the project are produced in the United States.This means all manufacturing a
processes,from the initial melting stage through the application of coatings, occurred in the United States. a
2) All manufactured products used in the project are produced in the United States.This means the =
manufactured product was manufactured in the United States, and the cost of the components of the Y
manufactured product that are mined, produced,or manufactured in the United States is greater than 55 U
percent of the total cost of all components of the manufactured product, unless another standard for
determining the minimum amount of domestic content of the manufactured product has been established
under applicable law or regulation; and 0
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3) All construction materials are manufactured in the United States. This means that all manufacturing
processes for the construction material occurred in the United States. a)
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4) Subject to subsequent approved federal agency specific waivers. 0
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C. Binding Official. Per 2 CFR 200(as updated), as updated, Sponsor certifies through its actions or those of
authorized staff, at the time of a request for reimbursement,the following: "To the best of my knowledge and belief y
that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the E
purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false,
fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or
administrative penalties for fraud,false statements,false claims or otherwise. (U.S. Code Title 18, Section 1001 and Q
Title 31, Sections 3729-3730 and 3801-3812)."
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D. Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the E
definition of"federally assisted construction contract" in 41 C.F.R. §60-1.3 must include the equal opportunity clause
0
provided under 41 C.F.R. §60- 1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity Q
(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41
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4.I.a
C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor). See 2 C.F.R. Part 200(as updated).
1) Federally Assisted Construction Contract.The regulation at 41 C.F.R. §60-1.3 defines a"federally
assisted construction contract'as any agreement or modification thereof between any applicant and a r_
person for construction work which is paid for in whole or in part with funds obtained from the Government or E
borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan,
insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, c
insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, t
contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work.
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2) Construction Work.The regulation at 41 C.F.R. §60-1.3 defines"construction work"as the construction, :°
rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes
or improvements to real property, including facilities providing utility services. The term also includes the =
supervision, inspection, and other onsite functions incidental to the actual construction.
0
E. Davis-Bacon Act, as amended(40 U.S.C. 3141-3148).When required by federal program legislation, all prime 9)
construction contracts in excess of$2,000 awarded by non-federal entities(Sponsors)must include a provision for m
compliance with the Davis-Bacon Act(40 U.S.C. 3141-3148)as supplemented by Department of Labor regulations
(29 C.F.R. §5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted �c
Construction"). 0
In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not
less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, y
contractors must be required to pay wages not less than once a week. The non-federal entity(Sponsor) must place a 0
copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The 00
decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The 0
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non-Federal entity(Sponsor) must report all suspected or reported violations to the federal awarding agency identified
in the Federal Fund Information Section. a
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The contracts must also include a provision for compliance with the Copeland"Anti-Kickback"Act(40 U. S. C. 3145), Q
as supplemented by Department of Labor regulations(29 C.F.R Part 3, "Contractors and Subcontractors on Public
Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").The Act provides L
that each contractor or subrecipient(Sponsor)must be prohibited from inducing, by any means, any person employed 0
in the construction, completion, or repair of public work,to give up any part of the compensation to which he or she is
otherwise entitled. The non-Federal entity(Sponsor)must report all suspected or reported violations to the Federal
00
awarding agency identified in Section H: Federal Fund Information.
F. Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708).Where applicable, all contracts awarded y
by the non-federal entity(Sponsor) in excess of$100,000 that involve the employment of mechanics or laborers must p
include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor a
regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the
wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the
standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half M
times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 =
U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in U
surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not M
apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for m
transportation or transmission of intelligence. U)
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G. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding
agreement"under 37 C.F.R§401.2(a)and the recipient or subrecipient(Sponsor)wishes to enter into a contract with J
a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that"funding agreement,"the recipient or subrecipient O
(Sponsor)must comply with the requirements of 37 C.F.R Part 401, "Rights to Inventions Made by Nonprofit pp
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and
any implementing regulations issued by the awarding agency.
H. Clean Air Act(42 U.S.C.7401-7671q.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387),as
Amended. Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the nor.
Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Q
Act(42 U.S.C. 7401-7671q)and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). r
Violations must be reported to the Federal awarding agency identified in Section H: Federal Fund Information and the
Regional Office of the Environmental Protection Agency(EPA). E
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I. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352). By signing this Agreement,the Sponsor certifies(per the r
certification requirements of 31 U.S.C.)that none of the funds that the Sponsor has(directly or indirectly)received or Q
will receive for this project from the United States or any agency thereof, have been used or shall be used to engage
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in the lobbying of the Federal Government or in litigation against the United States. Such lobbying includes any
influence or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with this project. Contractors that apply or bid
for an award exceeding$100,000 must file the required certification. Each tier certifies to the tier above that it will not
and has not used federal appropriated funds to pay any person or organization for influencing or attempting to r_
influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any federal contract,grant or any other award
covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in c
connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal t
award.
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J. Procurement of Recovered Materials.A non-federal entity(Sponsor)that is a state agency or agency of a political M
M
subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended
by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items =
designated in guidelines of the Environmental Protection Agency(EPA)at 40 C.F.R part 247 that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition,where
the purchase price of the item exceeds$10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource m
recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in
the EPA guidelines. �c
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K. Required Insurance.The non-federal entity(Sponsor)must, at a minimum, provide the equivalent insurance
coverage for real property and equipment acquired or improved with federal funds as provided to property owned by
the non-federal entity. Federally-owned property need not be insured unless required by the terms and conditions of y
the Federal award (2 C.F.R§200.310 (2013)). 0
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L. Debarment and Suspension (Executive Orders 12549 and 12689).The Sponsor must not award a contract to 0
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parties listed on the government-wide exclusions in the System for Award Management(SAM), in accordance with
the Office of Management and Budget(OMB)guidelines at 2 C.F.R§ 180 that implement Executive Orders 12549 (3 a
C.F.R part 1986 Comp., p. 189)and 12689(3 C.F.R part 1989 Comp., p. 235), "Debarment and Suspension."SAM
Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties Q
declared ineligible under statutory or regulatory authority other than Executive Order 12549.
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M. Conflict of Interest.Sponsor agrees to abide by the conflict of interest policy and requirements of the federal funding 0
agency established pursuant to 2 C.F.R 200.
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PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS
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For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the Sponsor shall not 0
commence with clearing of riparian trees or in-water work unless either the Sponsor has complied with 50 C.F.R. §223.203
(b)(8)(2000), limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and a
Atmospheric Administration.Violation of this requirement may be grounds for terminating this Agreement.This section shall
not be the basis for any enforcement responsibility by RCO.
lie
ORDER OF PRECEDENCE cvo
This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws.The
provisions of the Agreement shall be construed to conform to those laws. In the event of a direct and irreconcilable conflict U)
between the terms of this Agreement and any applicable statute, rule, or policy or procedure,the conflict shall be resolved by a(D)
giving precedence in the following order: >
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A. Federal law and binding executive orders;
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B. Code of federal regulations; m
C. Terms and conditions of a grant award to the state from the federal government; c
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D. Federal grant program policies and procedures adopted by a federal agency that are required to be applied by federal aa)
law;
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E. State Constitution, RCW, and WAC;
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F. Agreement Terms and Conditions and Applicable Manuals;
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G. Applicable deed restrictions, and/or governing documents. 0
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4.I.a
LIMITATION OF AUTHORITY
Only RCO's Director or RCO's delegate authorized in writing (delegation to be made prior to action)shall have the authority to
alter, amend, modify, or waive any clause or condition of this Agreement; provided that any such alteration, amendment,
modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made as a written +,
amendment to this Agreement and signed by the RCO Director or delegate.
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WAIVER OF DEFAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent default.Waiver or breach of any provision of the c
Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a W
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modification of the terms of the Agreement unless stated to be such in writing,signed by the director, or the director's 0
designee, and attached as an amendment to the original Agreement.
2
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APPLICATION REPRESENTATIONS—MISREPRESENTATIONS OR INACCURACY OR BREACH
The Funding Entity(if different from RCO)and RCO rely on the Sponsor's application in making its determinations as to
eligibility for, selection for, and scope of,funding grants.Any misrepresentation, error or inaccuracy in any part of the
m
application may be deemed a breach of this Agreement.
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SPECIFIC PERFORMANCE
RCO may, at it's discretion, enforce this Agreement by the remedy of specific performance,which means Sponsors'
completion of the project and/or its completion of long-term obligations as described in this Agreement. However,the remedy 0
of specific performance shall not be the sole or exclusive remedy available to RCO. No remedy available to the RCO shall be m
deemed exclusive.The RCO may elect to exercise any, a combination of, or all of the remedies available to it under this
Agreement, or under any provision of law, common law, or equity, including but not limited to seeking full or partial repayment c
of the grant amount paid and damages.
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TERMINATION AND SUSPENSION Q
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The RCO requires strict compliance by the Sponsor with all the terms of this Agreement including, but not limited to,the L
requirements of the applicable statutes, rules, and RCO policies, and with the representations of the Sponsor in its application
for a grant as finally approved by RCO. For federal awards, notification of termination will comply with 2 C.F.R. §200(as
updated).
00
A. For Cause.
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a)
1) The RCO director may suspend or terminate the obligation to provide funding to the Sponsor under this o a`Agreement:
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a) If the Sponsor breaches any of the Sponsor's obligations under this Agreement;
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b) If the Sponsor fails to make progress satisfactory to the RCO director toward completion of thelie
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project by the completion date set out in this Agreement. Included in progress is adherence to U
milestones and other defined deadlines; or
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c) If the primary and secondary Sponsor(s)cannot mutually agree on the process and actions needed rn
to implement the project;
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2) Prior to termination,the RCO shall notify the Sponsor in writing of the opportunity to cure. If corrective action J
is not taken within 30 days or such other time period that the director approves in writing, the Agreement may c
be terminated. In the event of termination,the Sponsor shall be liable for damages or other relief as 0
authorized by law and/or this Agreement. pop
3) RCO reserves the right to suspend all or part of the Agreement,withhold further payments, or prohibit the
Sponsor from incurring additional obligations of funds during the investigation of any alleged breach and E
pending corrective action by the Sponsor, or a decision by the RCO to terminate the Contract. m
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B. For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10)days written notice, Q
beginning on the second day after the mailing, terminate this Agreement, in whole or in part when it is in the best r
interest of the state. If this Agreement is so terminated, RCO shall be liable only for payment required under the terms
of this Agreement prior to the effective date of termination.A claimed termination for cause shall be deemed to be a E
"Termination for Convenience"if it is determined that:
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1) The Sponsor was not in default; or Q
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4.I.a
2) Failure to perform was outside Sponsor's control,fault or negligence.
C. Rights and Remedies of the RCO.
1) The rights and remedies of RCO provided in this Agreement are not exclusive and are in addition to any c
other rights and remedies provided by law. aD
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(D
2) In the event this Agreement is terminated by the director, after any portion of the grant amount has been paid c
to the Sponsor under this Agreement due to Sponsor's breach of the Agreement or other violation of law,the t
director may require that any amount paid be repaid to RCO for redeposit into the account from which the C
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funds were derived. However, any repayment shall be limited to the extent repayment would be inequitable
and represent a manifest injustice in circumstances where the project will fulfill its fundamental purpose for
substantially the entire period of performance and of long-term obligation.
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D. Non Availability of Funds.The obligation of the RCO to make payments is contingent on the availability of state and C
federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under
this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO
shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the m
Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a
continuous period of one year, RCO's obligation to provide any future funding under this Agreement shall terminate. �c
Termination of the Agreement under this section is not subject to appeal by the Sponsor. c
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1) Suspension:The obligation of the RCO to manage contract terms and make payments is contingent upon
the state appropriating state and federal funding each biennium. In the event the state is unable to y
appropriate such funds by the first day of each new biennium RCO reserves the right to suspend the G
Agreement,with ten (10)days written notice, until such time funds are appropriated. Suspension will mean 00
all work related to the contract must cease until such time funds are obligated to RCO and the RCO provides a)
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notice to continue work. c
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2) No Waiver.The failure or neglect of RCO to require strict compliance with any term of this Agreement or to
pursue a remedy provided by this Agreement or by law shall not act as or be construed as a waiver of any Q
right to fully enforce all rights and obligations set forth in this Agreement and in applicable state or federal law
and regulations. L
DISPUTE HEARING
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Except as may otherwise be provided in this Agreement,when a dispute arises between the Sponsor and the RCO,which
cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party's
request for a dispute hearing must be in writing and clearly state: a)
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A. The disputed issues; a
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B. The relative positions of the parties;
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C. The Sponsor's name, address, project title, and the assigned project number. �c
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In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that :2
the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three to
persons consisting of one person chosen by the Sponsor, one person chosen by the director, and a third person chosen by the a)
two persons initially appointed. If a third person cannot be agreed on,the persons chosen by the Sponsor and director shall be >
dismissed and an alternate person chosen by the Sponsor, and one by the director shall be appointed and they shall agree on �
a third person. This process shall be repeated until a three person panel is established. a)
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Any hearing under this section shall be informal,with the specific processes to be determined by the disputes panel according o
to the nature and complexity of the issues involved.The process may be solely based on written material if the parties so m
agree.The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes.
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The parties shall be bound by the majority decision of the dispute panelists, unless the remedy directed by that panel is E
beyond the authority of either or both parties to perform, as necessary, or is otherwise unlawful.
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Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party.The request Q
shall be delivered or mailed within thirty(30)days of the date the requesting party has received notice of the action or position
of the other party which it wishes to dispute.The written agreement to use the process under this section for resolution of
those issues shall be delivered or mailed by the receiving party to the requesting party within thirty(30)days of receipt by the t
receiving party of the request.
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All costs associated with the implementation of this process shall be shared equally by the parties. Q
RCO: 23-1052 Revision Date: 5/1/2023 Page 22 of 23
23-1052
Packet Pg. 116
4.I.a
ATTORNEYS' FEES
In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own costs and
attorneys'fees.
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GOVERNING LAWIVENUE m
This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a c
lawsuit involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be t
in the Superior Court of a county where the project is situated, if venue there is legally proper, and if not, in a county where c
venue is legally proper.The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State W
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of Washington and agrees to venue as set forth above. M
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SEVERABILITY c
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The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason
whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement.
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END OF STANDARD TERMS AND CONDITIONS Y
This is the end of the Standard Terms and Conditions of the Agreement.
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RCO: 23-1052 Revision Date: 5/1/2023 Page 23 of 23
23-1052
Packet Pg. 117
4.J
PUBLIC WORKS DEPARTMENT
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
W A S H i N G T O N 253-856-5600
DATE: January 16, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Grant Acceptance - Commute Trip Reduction Program -
Authorize
MOTION: I move to authorize the Mayor to accept grant funds from the
Washington State Department of Transportation, in the amount of
$161,600 amend the budget, authorize expenditure of the grant funds, and
authorize the Mayor to sign the grant agreement, subject to final terms
and conditions acceptable to the Public Works Director and City Attorney.
SUMMARY: This Agreement is between the Washington State Department of
Transportation (WSDOT) and the City. The City is required by state law to enforce
the provisions in RCW 70A.15.4000 et seq., to develop and implement plans to
reduce single-occupant vehicle commute trips. The State reimburses the City for
costs incurred based on a formula devised by the Public Transportation Office of the
State Department of Transportation.
This Agreement allocates $161,600 to the City to provide Transportation Demand
Management services used to implement the Commute Trip Reduction (CTR)
Program mandated by RCW 70A.15.4000 - 70A.15.4110 for the 2023-2025 project
term.
The grant funds a portion of the City's Transportation Planning Technician position
and the materials used to support businesses required to participate in the City's
CTR. These businesses employ more than 11,000 people in the City of Kent. The
CTR Program also promotes alternative transportation modes to any interested area
business or individual.
BUDGET IMPACT: WSDOT #PTD0840 Transportation Demand Management
Implementation Agreement Commute Trip Reduction Administrative Work Plan
2023-2025.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Packet Pg. 118
4.J
ATTACHMENTS:
1. 2023-2025 City of Kent CTR Grant PTD0840 (PDF)
2. 2023-2025 City of Kent CTR Workplan (PDF)
Packet Pg. 119
4.J.a
Washington State Public Transportation Division
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310 Maple Park Avenue S.E.
Department of Transportation P.O. Box 47337
Olympia, WA 98504-7387 N
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WSDOT Contact: Matthew Cramer 360-905-2152
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cramemaCcDwsdot.wa.gov 3
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Commute Trip Reduction (CTR)
Agreement Number PTD0840
Contractor. City of Kent
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220 Fourth Avenue South a
Term of Project July 1,2023 through June 30,2025 Kent,WA 98032 0
Contact: Rob Brown 253-856-5571
Vendor# 916001254
RBrown@KentWA.gov
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THIS AGREEMENT, entered into by the Washington State Department of Transportation, hereinafter
"WSDOT," and the Contractor identified above, hereinafter the "CONTRACTOR," individually the
"PARTY" and collectively the "PARTIES." E
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WHEREAS, RCW 70A.15.4000 through RCW 70A.15.4110 establishes the state's leadership role, and v
the requirements and parameters to reduce traffic congestion, fuel use, and air pollution through
commute trip reduction programs, including transportation demand management programs for growth
and transportation efficiency centers ("GTEC") in Washington State; and f°
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WHEREAS, the State of Washington in its Sessions Laws of 2023, Chapter 472 Section 221
authorizes funding for Public Transportation Programs and other special proviso funding as identified Q
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in the budget through its 2023-2025 biennial appropriations to WSDOT; and
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NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances contained co
herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS M
FOLLOWS:
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SCOPE OF WORK AND BUDGET o
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The CONTRACTOR agrees to provide Transportation Demand Management (TDM) services, primarily L
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used to support local Commute Trip Reduction (CTR) programs associated with the Statewide
Commute Trip Reduction Program, including: 1) Development and submission of an Administrative v
Work Plan by the end of the first quarter of this AGREEMENT that must be approved by WSDOT in
writing; and 2) Implementation of the strategies and production of the deliverables outlined in the
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WSDOT-approved Administrative Work Plan in order to implement a CTR program. The Administrative c
Work Plan shall be incorporated as an amendment to this AGREEMENT.
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Funds Current Funds M
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Commute Trip Reduction(MMA) $ 161,600 N
Total Project Cost $ 161,600 c
Budget: Current Funds reflect total funding appropriated by the Washington E
State Legislature for the Project in the 2023-2025 biennium.
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City of Kent Pa
PTD0840 Packet Pg. 120
4.J.a
Section 2
Purpose of Agreement
The purpose of this AGREEMENT is for WSDOT to provide funds to the CONTRACTOR for public c
transportation services that meet the needs of persons in the State of Washington.
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Section 3 L
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Scope of Project °
The CONTRACTOR agrees to perform all designated tasks of the Project under this r_
AGREEMENT as described in "Scope of Work and Budget". °
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Section 4 a
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Term of Agreement
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The CONTRACTOR shall commence, perform, and complete the work identified under this
AGREEMENT within the time defined in the caption space header titled "Term of Agreement" on E
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this AGREEMENT regardless of the date of signature and execution of this AGREEMENT unless °
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terminated as provided herein.
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Section 5
General Compliance Assurance
A. The CONTRACTOR agrees to comply with all instructions as prescribed in WSDOT's Commute Q
Trip Reduction Guidebook, hereinafter referred to as the "Guidebook", and any amendments
thereto, found at https://www.wsdot.wa.gov/transit/qrants/apply-manage-your-qrant , which by
this reference is fully incorporated herein.
B. The CONTRACTOR agrees that WSDOT, and/or any authorized WSDOT representative, shall
have not only the right to monitor the compliance of the CONTRACTOR with respect to the co
provisions of this AGREEMENT but also have the right to seek judicial enforcement with regard
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to any matter arising under this AGREEMENT. c
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Section 6 i4
Administrative Work Plan
A. The CONTRACTOR agrees to submit to WSDOT an administrative work plan by the end of the
first quarter of this agreement or when the CONTRACTOR submits its first invoice, whichever is
sooner. The administrative work plan will include the following elements: Y
a. The work plan shall identify the deliverables, schedule, expected outcomes, performance o
measures, and strategies associated with this AGREEMENT and other strategies as
defined in the approved and locally adopted CTR or GTEC plans. These plans may include
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but are not limited to, recruiting new employer worksites, reviewing employer programs and c
providing site-specific suggestions for improved CTR performance, administering surveys, M
CTR Work Plan reviewing program exemption requests, providing employer training, c
providing incentives, performing promotion and marketing, and providing emergency ride
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home and other commuter services.
b. The administrative work plan may be amended based on a mutual written agreement E
between the WSDOT Project Manager and the CONTRACTOR.
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City of Kent Pa
PTD0840 Packet Pg. 121
4.J.a
Section 7 N
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CTR or GTEC Plan 0
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The CONTRACTOR shall prepare and submit a local CTR and/or GTEC plan for each jurisdiction Q
supported by project funds.The plan will meet the standards defined in the"Guidance Document."
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Section 8 a.
Survey Coordination o
The CONTRACTOR agrees to coordinate with WSDOT and its contracting partners for Commute 3
Trip Reduction employer surveys.
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Section 9 '
Database Updates E
The CONTRACTOR agrees to provide WSDOT and the CONTRACTOR's contracting partners c
with updated lists of affected or participating worksites, employee transportation coordinators, and L)
jurisdiction contacts, as requested. These updates will be submitted in a format specified by
WSDOT.
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Section 10 .�
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Use of State Funds for Incentives
The CONTRACTOR agrees to use State funds provided as part of this AGREEMENT in
accordance with incentives guidance that WSDOT shall provide to the CONTRACTOR.
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Section 11 0
Coordination with Regional Transportation Planning Organizations (RTPO) a
The CONTRACTOR shall coordinate the development and implementation of its CTR and/or
GTEC plan and programs with the applicable regional transportation planning organization
(RTPO). The CONTRACTOR agrees to notify the RTPO of any substantial changes to its plans
and programs that could impact the success of the regional CTR plan. The CONTRACTOR
agrees to provide information about the progress of its CTR and/or GTEC plan and programs to
the RTPO upon request. Y
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Section 12 LO
Project Records N
The CONTRACTOR agrees to establish and maintain accounts for the Project in order to M
sufficiently and properly reflect all eligible direct and related indirect Project costs incurred in the N
performance of this AGREEMENT. Such accounts are referred to herein collectively as the c
"Project Account." All costs claimed against the Project Account must be supported by properly E
executed payrolls, time records, invoices, contracts, and payment vouchers evidencing in
sufficient detail the nature and propriety of the costs claimed.
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City of Kent Pa
PTD0840 Packet Pg. 122
4.J.a
Section 13
Reimbursement and Payment
A. Payment will be made by WSDOT on a reimbursable basis for actual costs and expenditures o
incurred while performing eligible direct and related indirect Project work during the life of the
Project. Payment is subject to the submission to and approval by WSDOT of properly prepared Q
invoices that substantiate the costs and expenses submitted by the CONTRACTOR for
reimbursement. Failure to send in progress reports and financial information as required in
Section 16 — "Reports" may delay payment. The CONTRACTOR shall submit an invoice o
detailing and supporting the costs incurred. Such invoices may be submitted no more than once a.
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per month and no less than once per year, during the course of this AGREEMENT. If approved 0
by WSDOT, properly prepared invoices shall be paid by WSDOT within thirty (30) days of receipt ;
of the invoice. a
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B. State Fiscal Year End Closure Requirement (RCW 43.88): The CONTRACTOR shall submit an
invoice for completed work in the same state fiscal year in which it was incurred. Pursuant to RCW E
43.88.020(12)"fiscal year" is defined as the year beginning July 1 st and ending the following June 0
30th. Reimbursement requests must be received no later than July 15 of the following state fiscal ,
year. If the CONTRACTOR is unable to provide an invoice by this date, the CONTRACTOR shall
provide an estimate of the charges to be billed so WSDOT may accrue the expenditures in the
proper fiscal year.Any payment request received after the timeframe prescribed above will not be a
eligible for reimbursement. a
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Section 14
Assignments and Subcontracts 00
A. The CONTRACTOR shall submit to WSDOT a copy of any contract, amendment, or change order
thereto pertaining to this Project for review and documentation. This includes any completed
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Project facilities and/or infrastructure under this AGREEMENT, or other actions obligating the o
CONTRACTOR in any manner with any third party with respect to its rights and responsibilities a
under this AGREEMENT, including any leasing and/or lending the Project or any part thereof to
be used by anyone, not under the CONTRACTOR's direct supervision.
B. The CONTRACTOR agrees to include all applicable sections of the AGREEMENT such as
Sections 5, 10, 11, and Sections 15 through 27, of this AGREEMENT in each subcontract and
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in all contracts, it enters into for the employment of any individual, procurement of any materials,
or the performance of any work to be accomplished under this AGREEMENT. Y
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Section 15 LO
Funding Distribution N
The CONTRACTOR may distribute funds to local jurisdictions to include counties, cities, transit N
agencies, Transportation Management Associations, Metropolitan Planning Organizations, or N
other eligible organizations authorized to enter into agreements for the purposes of implementing
CTR and/or GTEC, plans as applicable, and as authorized by RCW 70A.15.4080, and by
ordinances adopted pursuant to RCW 70A.15.4020(5).
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City of Kent Pa
PTD0840 Packet Pg. 123
4.J.a
Section 16
Reports _F
The CONTRACTOR shall prepare and submit quarterly, and annual program reports pursuant to 0
this agreement and as prescribed in WSDOT's Transportation Demand Implementation
Guidebook. Due to Legislative and WSDOT reporting requirements, any required quarterly Q
progress reports shall be submitted for the duration of the AGREEMENT period regardless of
whether the underlying funding sources have been exhausted. Post-grant annual performance
reporting may also be required as prescribed in the aforementioned guidebook. o
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Section 17
Implementation Plans
The CONTRACTOR shall incorporate appropriate sections of the "Scope of Work and Budget" a
and description of allowable incentives in accordance with the incentives guidance provided to
the CONTRACTOR by WSDOT as set forth in Section 10 of this AGREEMENT, as well as the
WSDOT-approved Administrative Work Plan, in all agreements with an eligible contracting E
partner(s), as necessary, to coordinate the development, implementation, and administration of 0
such CTR and/or GTEC plans, and in compliance with applicable ordinances. ,
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Section 18
Energy Credit a
To the extent CONTRACTOR receives any monies from the sale or disposition of energy credits,
decarbonization credits, environmental credits, or any other monies through its participation in a
like program, CONTRACTOR agrees to reinvest those monies into services and projects
consistent with the STATE'S public transportation grant program. CONTRACTOR'S obligation to 00
reinvest these monies under this provision shall be in an amount no less than the proportion of
the STATE'S funding of this AGREEMENT.
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Section 19
No obligation by the state government
No contract between the CONTRACTOR and its subcontractors shall create any obligation or
liability for WSDOT with regard to this AGREEMENT without WSDOT's specific written consent,
notwithstanding its concurrence in, or approval of, the award of any contract or subcontract or the c
solicitations thereof. Y
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Section 20 LO
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Personal Liability of Public Officers N
No officer or employee of WSDOT shall be personally liable for any acts or failure to act in N
connection with this AGREEMENT, it being understood that in such matters they are acting solely N
as agents of WSDOT.
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City of Kent Pa
PTD0840 Packet Pg. 124
4.J.a
Section 21
Ethics
A. Relationships with Employees and Officers of WSDOT. The CONTRACTOR shall not extend any o
loan, gratuity, or gift of money in any form whatsoever to any employee or officer of WSDOT, nor
shall CONTRACTOR knowingly rent or purchase any equipment and materials from any Q
employee or officer of WSDOT.
B. Employment of Former WSDOT Employees. The CONTRACTOR hereby warrants that it shall
not engage on a full-time, part-time, or other basis during the period of this AGREEMENT, any o
professional or technical personnel who are, or have been, at any time during the period of this a
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AGREEMENT, in the employ of WSDOT without written consent of WSDOT. 0
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Section 22 a
Civil rights
The CONTRACTOR shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of any WSDOT-assisted contract or in the administration of its public E
transportation services. 0
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Section 23
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Compliance with Laws and Regulations
A. The CONTRACTOR agrees to abide by all applicable state and federal laws and regulations Q
including but not limited to, those concerning employment, equal opportunity employment,
nondiscrimination assurances, project record keeping necessary to evidence compliance with
such federal and state laws and regulations, and retention of all such records. The
CONTRACTOR will adhere to all applicable nondiscrimination provisions in chapter 49.60 RCW. co
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B. Additionally, the CONTRACTOR agrees to comply with the following:
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a. SIB 5974 Move Ahead Washington o
b. RCW 70A.02 Healthy Environmental for All (HEAL)ACT, and a
c. RCW 70A. 65.260 Climate Commitment ACT.
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C. Except when a federal statute or regulation preempts state or local law, no provision of the
AGREEMENT shall require the CONTRACTOR to observe or enforce compliance with any
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provision, perform any other act, or do any other thing in contravention of state or local law. If
any provision or compliance with any provision of this AGREEMENT violates state or local law Y
or would require the CONTRACTOR to violate state or local law, the CONTRACTOR agrees to 0
notify WSDOT immediately in writing. Should this occur, WSDOT and the CONTRACTOR
agree to make appropriate arrangements to proceed with or, if necessary, expeditiously, U
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terminate the AGREEMENT. o
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City of Kent Pa
PTD0840 Packet Pg. 125
4.J.a
Section 24
Environmental and Regulatory Requirements N
The CONTRACTOR agrees to secure any necessary local, state, and federal permits and o
approvals, and comply with all applicable requirements of Chapter 43.21 C RCW State
Environmental Policy Act (SEPA). The CONTRACTOR agrees to comply with all applicable Q
requirements of Executive Order 21-02, Archaeological and Cultural Resources, for all capital
construction projects or land acquisitions not undergoing Section 106 review under the National 2-
Historic Preservation Act of 1966 (Section 106). o
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Section 25
Accounting Records
The CONTRACTOR agrees to establish and maintain accounts for the Project in order to a
sufficiently and properly reflect all eligible direct and related indirect Project costs incurred in the
performance of this AGREEMENT. Such accounts are referred to herein collectively as the
"Project Account." All costs claimed against the Project Account must be supported by properly E
executed payrolls, time records, invoices, contracts, and payment vouchers evidencing in 0
sufficient detail the nature and propriety of the costs claimed. ,
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Section 26
Audits, Inspections, and Records Retention a
WSDOT, the State Auditor, and any of their representatives shall have full access to and the right
to examine, during normal business hours and as often as they deem necessary, all of the
CONTRACTOR's records with respect to all matters covered by this AGREEMENT. Such
representatives shall be permitted to audit, examine and make excerpts or transcripts from such 00
records, and to make audits of all contracts, invoices, materials, payrolls, and other matters
covered by this AGREEMENT. In order to facilitate any audits and inspections, the
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CONTRACTOR shall retain all documents, papers, accounting records, and other materials o
pertaining to this AGREEMENT for six (6) years from the date of completion of the Project or the a
Project's final payment date. However, in case of audit or litigation extending past that six (6)
year's period, then the CONTRACTOR must retain all records until the audit or litigation is
completed. The CONTRACTOR shall be responsible to assure that the CONTRACTOR and any
subcontractors of the CONTRACTOR comply with the provisions of this section and provide,
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WSDOT, the State Auditor, and any of their representatives, access to such records within the
scope of this AGREEMENT. Y
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Section 27 LO
Labor Provisions N
Overtime Requirements. No CONTRACTOR or subcontractor contracting for any part of the N
Project work which may require or involve the employment of laborers or mechanics shall require N
or permit any such laborer or mechanic in any workweek in which he or she is employed on such
work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic E
receives compensation at a rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of forty (40) hours in such workweek CONTRACTOR will comply with all
applicable provisions of Title 49 RCW, Labor Regulations. a
City of Kent Pa
PTD0840 Packet Pg. 126
4.J.a
Section 28
Changed Conditions Affecting Performance _F
The CONTRACTOR hereby agrees to immediately notify WSDOT of any change in conditions or o
law, or of any other event, which may affect its ability to perform the Project in accordance with
the provisions of this AGREEMENT. Q
Section 29
Remedies for Misuse or Noncompliance. c
If WSDOT determines that the funds have been used in a manner materially different from a.
Section 1, WSDOT may direct the CONTRACTOR to repay WSDOT the State-funded share of o
the Project. WSDOT may also withhold payments should it determine that the CONTRACTOR
has failed to materially comply with any provision of this AGREEMENT.
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Section 30
Disputes
A. Disputes. Disputes, arising in the performance of this AGREEMENT, which is not resolved by c
agreement of the PARTIES, shall be decided in writing by the WSDOT Public Transportation v
Division's Assistant Director or Designee. This decision shall be final and conclusive unless within
ten (10) days from the date of the CONTRACTOR'S receipt of WSDOT's written decision, the
CONTRACTOR mails or otherwise furnishes a written appeal to the Director of the Public
Transportation Division or the Director's designee. The CONTRACTOR's appeal shall be decided
in writing by the Director of the Public Transportation Division within thirty (30) days of receipt of a
the appeal by the Director of the Public Transportation Division or the Director's designee. The L
decision shall be binding upon the CONTRACTOR and the CONTRACTOR shall abide by the
decision.
B. Performance During Dispute. Unless otherwise directed by WSDOT, CONTRACTOR shall 00,
continue performance under this AGREEMENT while matters in dispute are being resolved. o
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Section 31 a
Termination v
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A. Termination for Convenience. WSDOT and/or the CONTRACTOR may suspend or terminate
this AGREEMENT, in whole or in part, and all or any part of the financial assistance provided
herein, at any time by written notice to the other PARTY. In the case of partial termination WSDOT
and the CONTRACTOR shall agree upon the AGREEMENT termination provisions including but Y
not limited to the settlement terms, and conditions. Written notification must set forth the reasons
for such termination, the effective date, and in case of a partial termination the portion to be 0,
terminated. However, if in the case of partial termination, WSDOT determines that the remaining L)
portion of the award will not accomplish the purposes for which the award was made, WSDOT N
may terminate the award in its entirety. The PARTIES may terminate this AGREEMENT for N
convenience for reasons including, but not limited to, the following: o
1. The requisite funding becomes unavailable through failure of appropriation or otherwise; N
2. WSDOT determines, in its sole discretion, that the continuation of the Project would not
produce beneficial results commensurate with the further expenditure of funds; E
3. The CONTRACTOR is prevented from proceeding with the Project as a direct result of an
Executive Order of the President with respect to the prosecution of a war or in the interest a
City of Kent Pa
PTD0840 Packet Pg. 127
4.J.a
of national defense; or an Executive Order of the President or Governor of the state with
respect to the preservation of energy resources;
4. The CONTRACTOR is prevented from proceeding with the Project by reason of a o
temporary preliminary, special, or permanent restraining order or injunction of a court of
competent jurisdiction where the issuance of such order or injunction is primarily caused Q
by the acts or omissions of persons or agencies other than the CONTRACTOR; or
5. The state Government determines that the purposes of the statute authorizing the Project
would not be adequately served by the continuation of financial assistance for the Project. o
6. In the case of termination for convenience under subsections A.1-5 above, WSDOT shall a.
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reimburse the CONTRACTOR for all costs payable under this AGREEMENT that the 0
CONTRACTOR properly incurred prior to termination. The CONTRACTOR shall promptly
submit its claim for reimbursement to WSDOT. If the CONTRACTOR has any property in
its possession belonging to WSDOT, the CONTRACTOR will account for the same, and a
dispose of it in the manner WSDOT directs.
B. Termination for Default. WSDOT may suspend or terminate this AGREEMENT for default, in
whole or in part, and all or any part of the financial assistance provided herein, at any time by E
written notice to the CONTRACTOR, if the CONTRACTOR materially breaches or fails to perform c
any of the requirements of this AGREEMENT, including:
1. Takes any action pertaining to this AGREEMENT without the approval of WSDOT, which
under the procedures of this AGREEMENT would have required the approval of WSDOT; a
2. Jeopardizes its ability to perform pursuant to this AGREEMENT, United States of America
laws, Washington state laws, or local governmental laws under which the CONTRACTOR a
operates;
3. Fails to make reasonable progress on the Project or other violation of this AGREEMENT
that endangers substantial performance of the Project; or
4. Fails to perform in the manner called for in this AGREEMENT or fails, to comply with, or is
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in violation of, any provision of this AGREEMENT.
5. WSDOT shall serve a notice of termination on the CONTRACTOR setting forth the manner
in which the CONTRACTOR is in default. If it is later determined by WSDOT that the o
CONTRACTOR had an excusable reason for not performing, such as events which are not
the fault of or are beyond the control of the CONTRACTOR, such as a strike, fire or flood, a
WSDOT may: (a)allow the CONTRACTOR to continue work after setting up a new delivery L
of performance schedule, or (b) treat the termination as a termination for convenience.
C. WSDOT, in its sole discretion, may, in the case of a termination for breach or default, allow the
CONTRACTOR ten (10) business days, or such longer period as determined by WSDOT, in which v
to cure the defect. In such cases, the notice of termination will state the time period in which cure Y
is permitted and other appropriate conditions. If the CONTRACTOR fails to remedy to WSDOT's c
satisfaction the breach or default within the timeframe and under the conditions set forth in the
notice of termination, WSDOT shall have the right to terminate this AGREEMENT without any L)
further obligation to CONTRACTOR. Any such termination for default shall not in any way operate c
to preclude WSDOT from also pursuing all available remedies against CONTRACTOR and its N
sureties for said breach or default. o
D. In the event that WSDOT elects to waive its remedies for any breach by CONTRACTOR of any N
covenant, term or condition of this AGREEMENT, such waiver by WSDOT shall not limit WSDOT's
remedies for any succeeding breach of that or of any other term, covenant, or condition of this E
AGREEMENT.
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City of Kent Pa
PTD0840 Packet Pg. 128
4.J.a
E. Any termination of the AGREEMENT, whether for convenience or for default, that requires the
AGREEMENT to be terminated or discontinued before the specified end date set forth in the N
caption header, "Term of Project", shall require WSDOT to amend the AGREEMENT by written o
amendment to reflect the termination date and reason for termination.
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Section 32 L
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Agreement Modifications
A. Either PARTY may request changes to this AGREEMENT, including changes in the Scope of r-
Work and Budget. Such changes that are mutually agreed upon shall be incorporated as written
amendments to this AGREEMENT. No variation or alteration of the terms of this AGREEMENT
shall be valid unless made in writing and signed by authorized representatives of the PARTIES
hereto, provided, however, that changes to the Project title, UPIN, the contact person of either a
PARTY, biennial adjustments with no impact to the overall project cost, or adding the
Administrative Work Plan, will not require a written amendment, but will be approved and
documented by WSDOT through an administrative revision. WSDOT shall notify the E
CONTRACTOR of any such approved revision in writing. 0
B. If an increase in funding by the funding source augments the CONTRACTOR's allocation of ,
funding under this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into a written
amendment to this AGREEMENT, providing for an appropriate change in the Scope of Work and
Budget and/or the Total Project Cost in order to reflect any such increase in funding.
C. If a reduction of funding by the funding source reduces the CONTRACTOR's allocation of funding Q
under this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into a written
amendment to this AGREEMENT providing for an appropriate change in the Scope of Work and
Budget and/or the Total Project Cost in order to reflect any such reduction of funding.
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Section 33 0
Recapture Provision o
In the event that the CONTRACTOR fails to expend State Funds in accordance with state law o
and/or the provisions of this AGREEMENT, WSDOT reserves the right to recapture State Funds a
in an amount equivalent to the extent of noncompliance. The CONTRACTOR agrees to repay
such State Funds under this recapture provision within thirty (30) days of demand. c�
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Section 34
Forbearance by WSDOT Not a Waiver 4-
Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise afforded 0,
by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy.
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Section 35 c
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Waiver M
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In no event shall any WSDOT payment of grant funds to the CONTRACTOR constitute or be N
construed as a waiver by WSDOT of any CONTRACTOR breach, or default, and shall in no way
impair or prejudice any right or remedy available to WSDOT with respect to any breach or default.
In no event shall acceptance of any WSDOT payment of grant funds by the CONTRACTOR
constitute or be construed as a waiver by the CONTRACTOR of any WSDOT breach, or default
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City of Kent Pag
PTD0840 Packet Pg. 129
4.J.a
which shall in no way impair or prejudice any right or remedy available to CONTRACTOR with
respect to any breach or default. N
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Section 36 Q
Limitation of Liability and Indemnification
A. The CONTRACTOR shall indemnify, defend, and hold harmless WSDOT, its agents, employees,
and officers and process and defend at its own expense any and all claims, demands, suits at law
or equity, actions, penalties, losses, damages, or costs (hereinafter referred to collectively as r-
"claims"), of whatsoever kind or nature brought against WSDOT, arising out of, in connection with 2
or incident to the execution of this AGREEMENT and/or the CONTRACTOR's performance or
failure to perform any aspect of this AGREEMENT. This indemnity and defense provision applies
to all claims against WSDOT, its agents, employees, and officers arising out of, in connection with, a
or incident to the negligent acts or omissions of the CONTRACTOR, its agents, employees,
officers, and subcontractors of any tier. Provided, however, that nothing herein shall require the
CONTRACTOR to indemnify, defend, and hold harmless or defend WSDOT, its agents, E
employees, or officers to the extent that claims are caused by the sole negligent acts or omissions 0
of WSDOT, its agents, employees or officers; and provided further that if such claims result from ,
the concurrent negligence of (a) the CONTRACTOR its employees, agents, officers or
contractors and (b) the STATE, its employees or authorized agents, or involves those actions
covered by RCW 4.24.115, the indemnity and defense provisions provided herein shall be valid a
and enforceable only to the extent of the negligence of the PARTY, its employees, officers, a
authorized agents, and/or contractors. The indemnification and hold harmless provision shall
survive termination of this AGREEMENT.
B. The CONTRACTOR shall be deemed an independent contractor for all purposes, and the
employees of the CONTRACTOR or its subcontractors and the employees thereof, shall not in
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any manner be deemed to be the employees of WSDOT.
C. The CONTRACTOR specifically assumes potential liability for actions brought by the
CONTRACTOR's employees and/or subcontractors and solely for the purposes of this o
indemnification and defense, the CONTRACTOR, by mutual negotiation, specifically waives any a
immunity under the state Industrial Insurance Law, Title 51 Revised Code of Washington.
D. In the event either the CONTRACTOR or WSDOT incurs attorney's fees, costs, or other legal
expenses to enforce the provisions of this section of this AGREEMENT against the other PARTY,
all such fees, costs, and expenses shall be recoverable by the prevailing PARTY.
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Section 37 0
Agreement Modifications
Either PARTY may request changes to this AGREEMENT. Any changes to the terms of this L)
AGREEMENT must be mutually agreed upon and incorporated by written amendment to this c
AGREEMENT. Such written amendment to this AGREEMENT shall not be binding or valid unless M
signed by the persons authorized to bind from each of the PARTIES. Provided, however, that o
changes to the federal award identification number, DUNS, project title, federal ID number, CFDA
number, milestones, PIN the contact person of either PARTY, or dollar amount changes that do
not affect the Project total cost, will not require a written amendment, but will be approved and
documented by WSDOT through an administrative revision. WSDOT shall notify the 2
CONTRACTOR of the revision in writing. a
City of Kent Pag
PTD0840 Packet Pg. 130
4.J.a
Section 38
WSDOT Advice -F
The CONTRACTOR bears complete responsibility for the administration and success of the work o
as it is defined in this AGREEMENT and any amendments thereto. Although the CONTRACTOR
may seek the advice of WSDOT, the offering of WSDOT advice shall not modify the Q
CONTRACTOR's rights and obligations under this AGREEMENT and WSDOT shall not be held
liable for any advice offered to the CONTRACTOR.
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Section 39 0
Venue and Process
In the event that either PARTY deems it necessary to institute legal action or proceedings to
enforce any right or obligation under this AGREEMENT, the PARTIES hereto agree that any such
action shall be initiated in the Superior Court of the State of Washington situated in Thurston
County. The PARTIES agree that the laws of the State of Washington shall apply.
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Section 40 v
Subrogation
A. Prior to Subrogation. WSDOT may require the CONTRACTOR to take such reasonable action
as may be necessary or appropriate to preserve the CONTRACTOR's right to recover damages
from any person or organization alleged to be legally responsible for injury to the Project
Equipment as defined in the scope of work or other property in which WSDOT has a financial a
interest. a
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B. Subrogation. WSDOT may require the CONTRACTOR to assign to WSDOT all right of recovery
against any person or organization for loss, to the extent of WSDOT's loss. Upon assignment, the
CONTRACTOR shall execute, deliver, and do whatever else reasonably necessary to secure °$
WSDOT's rights. The CONTRACTOR shall do nothing after any loss to intentionally prejudice the o
rights of WSDOT. o
C. Duties of the CONTRACTOR. If WSDOT has exercised its right of subrogation, the o
CONTRACTOR shall cooperate with WSDOT and, upon WSDOT's request, assist in the a.
prosecution of suits and enforce any right against any person or organization who may be liable
to WSDOT due to damage of Project Equipment. The CONTRACTOR shall attend hearings and c�
trials as requested by WSDOT, assist in securing and giving evidence as requested by WSDOT,
and obtain the attendance of witnesses as requested by WSDOT. U
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Section 41 0
Severability
If any covenant or provision of this AGREEMENT shall be adjudged void, such adjudication shall L)
not affect the validity or obligation of performance of any other covenant or provision, or part c
thereof, that in itself is valid if such remainder conforms to the terms and requirements of M
applicable law and the intent of this AGREEMENT. No controversy concerning any covenant or c
provision shall delay the performance of any other covenant or provision except as herein allowed.
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City of Kent Pag
PTD0840 Packet Pg. 131
4.J.a
Section 42
Counterparts
This AGREEMENT may be executed in several counterparts, each of which shall be deemed to 0
be an original having identical legal effect. The CONTRACTOR does hereby ratify and adopt all
statements, representations, warranties, covenants, and agreements and their supporting Q
materials contained and/or mentioned in such executed counterpart and does hereby accept
State Funds and agrees to all of the terms and conditions thereof.
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Section 43 °
Complete Agreement
This document contains all covenants, stipulations, and provisions agreed upon by the PARTIES.
No agent or representative of WSDOT or the CONTRACTOR has authority to make, and neither a
WSDOT nor the CONTRACTOR shall be bound by or be liable for, any statement, representation,
promise or agreement not set forth herein or made by written amendment hereto.
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Section 44 U
Execution as
This AGREEMENT is executed by the Director of the Public Transportation Division, Washington
State Department of Transportation, or the Director's designee, not as an individual incurring
personal obligation and liability, but solely by, for, and on behalf of the Washington State
Department of Transportation, in his/her capacity as Director of the Public Transportation Division. Q
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Section 45
Order of Precedence M
Any conflict or inconsistency in this AGREEMENT and its attachments will be resolved by giving
documents precedence in the following order: o
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1. State law a.
2. This AGREEMENT c
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3. CTR Guidebook
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Section 46
Execution Y
This AGREEMENT is executed by the Director, Public Transportation Division, State of °
Washington, Department of Transportation, or the Director's designee, not as an individual
incurring personal obligation and liability, but solely by, for, and on behalf of the State of N
Washington, Department of Transportation, in the capacity as Director, Public Transportation N
Division, or as a designee. N
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City of Kent Pag
PTD0840 Packet Pg. 132
4.J.a
Section 47
Agreement Close Out
The CONTRACTOR shall notify WSDOT if the AGREEMENT is completed prior to the end date c
set forth in the caption header, "Term of Agreement". A written notification needs to be provided
to WSDOT that the project is complete. WSDOT will prepare an amendment to modify the Q
AGREEMENT to reflect the actual amount spent and the Project completion date.
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Section 48
Binding Agreement
The undersigned acknowledges that they are authorized to execute the AGREEMENT and bind
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their respective agency(ies) and/or entity(ies) to the obligations set forth herein.
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IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and
year last signed below. E
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WASHINGTON STATE CONTRACTOR Q
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DEPARTMENT OF TRANSPORTATION
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Brian Lagerberg, Director Authorized Representative
Public Transportation Division
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City of Kent Pag
PTD0840 Packet Pg. 133
4.J.b
2023-2025 CTR Administrative Workplan — City of Kent
1. Organization
City of Kent
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2. Agreement number r
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PTD0840
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3. Local agency contact c
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Rob Brown
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253-856-5571 U
RBrown@KentWA.gov
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4. Employer engagement 2-
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A. Identify worksites and employee transportation coordinators (required)
Activities: E
• Identify prospective worksites. U
• Notify employers of legally required activities.
• Verify and maintain list of worksites and employee transportation coordinators in survey
and program report system. a
Deliverables:
• Letters/emails to new worksites and employers. Q
B. Engage and train employee transportation coordinators (required)
Activities:
• Provide training materials.
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• Conduct training sessions as needed (in-person or virtual)
• Provide outreach and consultation.
• Provide technical assistance for worksite commute programs and employee surveys.
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• Encourage employee transportation coordinators attend the Washington State 0
Ridesharing Organization conference and other educational events.
• Host recognition and networking events.
• Send encouragement and reminder emails.
Deliverables:
• Training slides and handouts. -
• List of employee transportation coordinators who completed training or attended events.
• Copies of email invitations. U
• Copies of award certificates. o
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C. Support distribution of information about transportation options to commuters o
Activities: N
• Develop promotions calendar.
• Promote commute options with employee transportation coordinators at wellness fairs, E
sustainability fairs, and other employee engagement events.
• Create promotions, produce materials, and distribute them to employee transportation Q
coordinators.
Packet Pg. 134
4.J.b
2023-2025 CTR Administrative Workplan — City of Kent
Deliverables:
• Copy of promotions calendar.
• Examples of promotional materials.
• List of events attended.
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D. Enable incentives, subsidies, and disincentives a
Activities:
• Promote the CTR business-and-occupation tax/public-utilities-tax credit by adding it to
the CTR resource page of our website. 0
• Establish relationships with employers encourage them to provide ORCA cards to their a.
employees. o
• Work with worksites to encourage parking management strategies for employees 3
implementation.
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• Provide information to encourage employers to offer improved commute benefits;
commute benefits offered by industry peer organizations, how commute benefits
contribute to sustainability, effects of commute benefits on employee satisfaction,
recruitment, or retention. 0
• Provide educational materials that indicate how much workers value commute benefits. E
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• Provide bike lights & locks. U
Deliverables:
• Webpage updates.
• Summary documenting results of promotions. a
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5. Commute trip reduction plan Q
Activities c
• Comply with WSDOT CTR Plan Guidance 0
• Develop a workplan and timeline.
• Engage the public and stakeholders. 00
• Identify and review resources.
• Develop plan content and draft plan.
• Integrate with regional 4-year plan
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• Obtain approvals from governing authorities of the CTR law and ordinance. 0
Deliverables: 3.1
• Draft plan.
• Final plan.
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6. Performance reporting 4-
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A. Worksite surveys (required) U
Activities: N
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• Review revised policies and tutorials. N
• Attend WSDOT trainings and workshops. o
• Survey worksites. N
• Promote participation with promotional materials and incentives.
• Provide training and technical assistance to employers. E
• Monitor online dashboards and help employers interpret and use dashboards to guide
their programs. Q
• Analyze survey results and identify trends.
Packet Pg. 135
4.J.b
2023-2025 CTR Administrative Workplan — City of Kent
Deliverables:
• Survey results.
• Briefing paper on trends.
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B. Program reports (required) r
Activities: a
• Review revised policies and tutorials.
• Attend WSDOT trainings and workshops.
• Provide training and technical assistance to employee transportation coordinators. c
• Analyze program reports and identify trends. a.
Deliverables: o
• Survey results. 3
• Briefing paper on trends.
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7. Administration Q"
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A. Financial management (required)
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• Complete quarterly billing to WSDOT. U
• Maintain financial records.
• Apply for additional grant funding, as available.
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• Invoices c,
• Quarterly reports Q
• Financial records
• Grant applications
B. Program management (required)
Activities:
• Provide quarterly reports to WSDOT.
• Maintain employer information.
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• Maintain plan and ordinance. 0
• Provide feedback to WSDOT to improve processes and program performance. 3.1
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• Quarterly reports to WSDOT. r
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• Employer information list. Y
• Copy of local CTR plan. -
• Copy of local CTR ordinance.
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C. Community of practice o
Activities: N
• Attend TDM Technical Committee, TDM Executive Board meetings, and CTR o
implementers meetings. N
• Review and comment on the State CTR Plan, State CTR Report, and regional and local
transportation plans. E
• Participate in regional TDM forums, committees, boards, working groups.
• Participate in the Switch Your Trips Washington Committee Q
Deliverables:
Packet Pg. 136
4.J.b
2023-2025 CTR Administrative Workplan — City of Kent
• Meeting agendas and confirmed participant lists.
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Packet Pg. 137
4.K
PUBLIC WORKS DEPARTMENT
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5600
DATE: January 16, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Goods & Servvices Agreement with Olympic Environmental
Resources, Inc - Authorize
MOTION: I move to authorize the Mayor to sign the Goods & Services
Agreement with Olympic Environmental Resources, Inc., subject to final
terms and conditions acceptable to the Public Works Director and City
Attorney.
SUMMARY: The City will host three large (Saturdays) and up to six mini (Fridays)
residential recycling events at no charge to attendees in 2024. To successfully
operate the events, the City uses a consultant with proven experience to staff and
contract with recycling vendors for specialty items that are difficult to recycle.
These events, which have been and continue to be funded by grants, have been
very successful and beneficial for the community and the environment.
In December 2023, the City issued a Request for Proposals for a recycling event
consultant to run each recycling event in 2024. Two proposals were received and
evaluated, and Olympic Environmental Resources, Inc. was selected to perform
these duties for the amount of $176,215.
BUDGET IMPACT: None - This contract is fully grant funded and will be paid for by
King County's Waste Reduction and Recycling and Hazardous Waste Management
Program grants and the Department of Ecology's Local Solid Waste Financial
Assistance grant.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. Olympic Environmental Resources - 2024 Recycling Events Agreement (PDF)
Packet Pg. 138
4.K.a
KEN T
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GOODS & SERVICES AGREEMENT 21
between the City of Kent and
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Olympic Environmental Resources, Inc.
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THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation a
(hereinafter the "City"), and Olympic Environmental Resources, Inc. organized under the laws of the State 0
of Washington, located and doing business at 4715 SW Walker Street, Seattle, WA 98116, Phone: (206) .2
938-8262, Contact: Paul Devine (hereinafter the "Vendor"). >
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AGREEMENT 06
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I. DESCRIPTION OF WORK. 0
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The Vendor shall provide the following goods and materials and/or perform the following services for ti
the City: 00
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The Vendor shall assist with the City's 2024 Recycling Events. For a description, see the E
Vendor's Scope of Work which is attached as Exhibit A and incorporated by this reference.
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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 N
services through other sources. N
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II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall
complete the work and provide all goods, materials, and services by December 31, 2024. c
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III. COMPENSATION. The City shall pay the Vendor an amount not to exceed One Hundred
Seventy Six Thousand, Two Hundred Fifteen Dollars ($176,215), 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: E
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The Vendor shall be paid after execution of agreement and submittal of invoice for services W
provided. •2
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GOODS & SERVICES AGREEMENT - 1
(Over$20,000, including WSST) Packet Pg. 139
4.K.a
Card Payment Program. The Vendor may elect to participate in automated credit card payments
provided for by the City and its financial institution. This Program is provided as an alternative to payment
by check and is available for the convenience of the 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 .2
companies. The Vendor shall not charge those fees back to the City. 0-
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If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the option O
to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every 3
effort to settle the disputed portion.
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A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the E
Vendor for any defective or unauthorized goods, materials or services. If the Vendor is
unable, for any reason, to complete any part of this Agreement, the City may obtain the a
goods, materials or services from other sources, and the Vendor shall be liable to the City for m
any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, •2
including legal costs and attorney fees, incurred by the City beyond the maximum Agreement
price specified above. The City further reserves its right to deduct these additional costs in
incurred to complete this Agreement with other sources, from any and all amounts due or to 06
become due the Vendor.
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B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL
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 M
MADE.
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IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- E
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in m
accordance with Ch. 51.08 RCW, the parties make the following representations:
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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. w
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B. The Vendor maintains and pays for its own place of business from which the Vendor's
services under this Agreement will be performed.
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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 o
Vendor's services, or the Vendor is engaged in an independently established trade, `V
occupation, profession, or business of the same nature as that involved under this
Agreement.
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D. The Vendor is responsible for filing as they become due all necessary tax documents
with appropriate federal and state agencies, including the Internal Revenue Service
and the state Department of Revenue.
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E. The Vendor has registered its business and established an account with the state o
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 w
of Washington. U
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F. The Vendor maintains a set of books dedicated to the expenses and earnings of its _E
business. O
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon E
providing the other party thirty (30) days written notice at its address set forth on the signature block of u
this Agreement. f°
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GOODS & SERVICES AGREEMENT - 2
(Over$20,000, including WSST) Packet Pg. 140
4.K.a
VI. CHANGES. The City may issue a written amendment for any change in the goods, materials
or services to be provided during the performance of this Agreement. If the Vendor determines, for any
reason, that an amendment is necessary, the Vendor must submit a written amendment request to the
person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar .2
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 2,
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach O
agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the 3
City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
amended work upon receiving either a written amendment from the City or an oral order from the City m
before actually receiving the written amendment. If the Vendor fails to require an amendment within the E
time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for
that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must a
complete the amended work; however, the Vendor may elect to protest the adjustment as provided in
subsections A through E of Section VIII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate N
acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the od
Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract
time and for direct, indirect and consequential costs, including costs of delays related to any work, either °o
covered or affected by the change.
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VII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure M
in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood,
or other natural disaster or acts of government ('force majeure event"). Performance that is prevented or
delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent E
to the other that at the time of signing this Agreement, they are able to perform as required and their m
performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing Q
state or national declarations of emergency, or any current social distancing restrictions or personal
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protective equipment requirements that may be required under federal, state, or local law in response to
the current pandemic. >
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If any future performance is prevented or delayed by a force majeure event, the party whose E
performance is prevented or delayed shall promptly notify the other party of the existence and nature of
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective only to the extent and duration of the force majeure event causing the prevention or delay in
performance and, provided, that the party prevented or delayed has not caused such event to occur and N
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation.
47
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Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City
shall not be liable for, the payment of any part of the contract price during a force majeure event, or any o
costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event.
Performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision.
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If a force majeure event occurs, the City may direct the Vendor to restart any work or performance o
that may have ceased, to change the work, or to take other action to secure the work or the project site
during the force majeure event. The cost to restart, change, or secure the work or project site arising from w
a direction by the City under this clause will be dealt with as a change order, except to the extent that the u
loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under
this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the _5,
Vendor.
VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written
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 a
claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts
GOODS & SERVICES AGREEMENT - 3
(Over$20,000, including WSST) Packet Pg. 141
4.K.a
or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for
any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed
to have been waived by the Vendor unless a timely written claim is made in strict accordance with the
applicable provisions of this Agreement. 2
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At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 2,
1 through 5 below. O
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN >'
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN
ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY E
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THAT DELAY.
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A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim; in
2. The nature and circumstances that caused the claim; 06
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate °o
was determined; and
5. An analysis of the progress schedule showing the schedule change or disruption
if the Vendor is asserting a schedule change or disruption. M
B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result
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of the asserted events giving rise to the claim. The City shall have access to any of the E
Vendor's records needed for evaluating the protest. L
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The City will evaluate all claims, provided the procedures in this section are followed. If the w
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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. >
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C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed E
promptly to provide the goods, materials and services required by the City under this 0
Agreement.
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D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor o
also waives any additional entitlement and accepts from the City any written or oral order `V
(including directions, instructions, interpretations, and determination).
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E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this o
section, the Vendor completely waives any claims for protested work and accepts from the
City any written or oral order (including directions, instructions, interpretations, and
determination).
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IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING o
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. w
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. U
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X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work >,
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
established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor
warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will
perform in accordance with their specifications and the Vendor's representations to City. The Vendor shall
promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have Q
known of the defect, or (2) upon the Vendor's receipt of notification from the City of the existence or
GOODS & SERVICES AGREEMENT - 4
(Over$20,000, including WSST) Packet Pg. 142
4.K.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
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 .2
receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a E
reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay 2,
all costs incurred by the City in order to accomplish the correction. O
XI. DISCRIMINATION. In the hiring of employees for the performance of work under this 3
Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the a
Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national E
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who
is qualified and available to perform the work to which the employment relates. The Vendor shall execute a
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, N
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or od
suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's °o
negligence.
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The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds M
to avoid any of these covenants of indemnification.
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IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION E
PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, a)
TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER Q
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
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In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made w
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having a,
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then the Vendor
shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable 0
attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the
Vendor's part.
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The provisions of this section shall survive the expiration or termination of this Agreement. `V
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XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. o
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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 c
the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the E
Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to materials, tools, or o
other articles used or held for use in connection with the work.
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XV. MISCELLANEOUS PROVISIONS. U
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A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its _E
contractors and consultants to use recycled and recyclable products whenever practicable. A price O
preference may be available for any designated recycled product.
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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 20
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those a
covenants, agreements or options, and the same shall be and remain in full force and effect.
GOODS & SERVICES AGREEMENT - 5
(Over$20,000, including WSST) Packet Pg. 143
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C. Resolution of Disputes and Governing. 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 .2
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules E
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
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or 3
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section XII of this Agreement. E
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D. Written Notice. All communications regarding this Agreement shall be sent to the parties at a
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written a
notice hereunder shall become effective three (3) business days after the date of mailing by registered or •2
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing. in
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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, 00
the terms of this Agreement shall continue in full force and effect and no further assignment shall be made
without additional written consent. ti
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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.
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G. Entire Agreement. The written provisions and terms of this Agreement, together with any m
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative Q
of the City, and such statements shall not be effective or be construed as entering into or forming a part of
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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 w
language contained in this Agreement, the terms of this Agreement shall prevail. a,
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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. o
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I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the
Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be o
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
obligations under the Public Records Act.
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J. City Business License Required. Prior to commencing the tasks described in Section I, r-
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Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code.
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GOODS & SERVICES AGREEMENT - 6
(Over$20,000, including WSST) Packet Pg. 144
4.K.a
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of
counterparts, each of which shall constitute an original, and all of which will together constitute this one
Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the
other by fax or email and that signature shall have the same force and effect as if the Agreement bearing .2
the original signature was received in person. E
IN WITNESS, the parties below execute this Agreement, which shall become effective on O
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
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VENDOR: CITY OF KENT:
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By: By:
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Print Name: Print Name: Dana Ralph
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Its Its Mayor -0
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DATE: DATE:
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NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
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VENDOR: CITY OF KENT: E
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Paul Devine Chad Bieren, P.E. °1
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Olympic Environmental Resources, Inc. City of Kent r
4715 SW Walker Street 220 Fourth Avenue South
Seattle, WA 98116 Kent, WA 98032 w
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(206) 938-8262 (telephone) (253) 856-5500 (telephone)
pauldevine@msn.com (email) publicworks@kentwa.gov (email)
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APPROVED AS TO FORM: v
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Kent Law Department 3
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ATTEST:
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Kent City Clerk 0
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GOODS & SERVICES AGREEMENT - 7
(Over$20,000, including WSST) Packet Pg. 145
4.K.a
DECLARATION
CITY OF KENT NON-DISCRIMINATION POLICY
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The City of Kent (City) is committed to conform to Federal and State laws regarding equal p
opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who
perform work with relation to this Agreement shall comply with the regulations of the City's equal 3
employment opportunity policies.
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The City of Kent and its contractors are subject to and will comply with the following:
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• 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);
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• 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs N
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Of The Department Of Transportation-Effectuation Of Title VI Of The Civil a
Rights Act Of 1964); o
• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement
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of Title VI of the Civil Rights Act of 1964). M
• Ch. 49.60 RCW (Washington Law Against Discrimination)
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The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Q
Regulations".
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The following statements specifically identify the requirements the City deems necessary for any a�
contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of .E
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 N
regarding suspension or termination for all or part of the Agreement. N
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The statements are as follows:
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1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex,
race, color, national origin, age, or the presence of all sensory, mental or physical disability.
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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 u;
employer. 2
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4. During the time of the Agreement I, the prime contractor, will actively consider hiring and o
promotion of women and minorities.
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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: r
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EEO COMPLIANCE DOCUMENTS - 1 of 5 Packet Pg. 146
4.K.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 •2
programs through the Washington State Department of Transportation, and E,
generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they o
may be amended from time to time, which are herein incorporated by reference
and made a part of this contract. 3
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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 a
materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including
employment practices when the contract covers any activity, project, or program in
set forth in Appendix B of 49 CFR Part 21. 06
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C. Solicitations for Subcontracts, Including Procurements of Materials and o
Equipment: In all solicitations, either by competitive bidding, or negotiation made �?
by the contractor for work to be performed under a subcontract, including
procurements of materials, or leases of equipment, each potential subcontractor or M
supplier will be notified by the contractor of the contractor's obligations under this
contract and the Acts and the Regulations relative to non-discrimination on the
grounds of race, color, or national origin.
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D. Information and Reports: The contractor will provide all information and reports y
required by the Acts and Regulations and directives issued pursuant thereto and will
permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined applicable to contractor's contract by the City or the
Washington State Department of Transportation to be pertinent to ascertain
compliance with such Acts and Regulations and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails or
refuses to furnish the information, the contractor will so certify to the City or the o
Washington State Department of Transportation, as appropriate, and will set forth N
what efforts it has made to obtain the information.
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E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with y
the non-discrimination provisions of this contract, the City will impose such contract
sanctions as it or the Washington State Department of Transportation may
determine to be appropriate, including, but not limited to:
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a. withholding payments to the contractor under the contract until the °
contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part. U
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F. Incorporation of Provisions: The contractor will include the provisions of 21
paragraphs (A) through (F) above in every subcontract, including procurements of O
materials and leases of equipment, unless exempt by the Acts and Regulations and
directives issued pursuant thereto. The contractor will take action with respect to E
any subcontract or procurement as the City or the Washington State Department of
Transportation may direct as a means of enforcing such provisions including a
sanctions for noncompliance. Provided, that if the contractor becomes involved in,
EEO COMPLIANCE DOCUMENTS - 2 of 5 Packet Pg. 147
4.K.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. •Q
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6. During the performance of this contract, the contractor, for itself, its assignees, and o
successors in interest agrees to comply with the following non-discrimination statutes and r
authorities; including but not limited to:
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Pertinent Non-Discrimination Authorities:
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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
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21.
ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 06
(42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose o
property has been acquired because of Federal or Federal-aid programs and
projects);
iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination 00
on the basis of sex);
iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27; L
V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), Q
(prohibits discrimination on the basis of age); CA
vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as w
amended, (prohibits discrimination based on race, creed, color, national origin, or
sex);
vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age v
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by N
expanding the definition of the terms "programs or activities" to include all of the N
programs or activities of the Federal-aid recipients, sub-recipients and contractors, L
whether such programs or activities are Federally funded or not); c
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viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination
on the basis of disability in the operation of public entities, public and private r
transportation systems, places of public accommodation, and certain testing entities
(42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation o
regulations at 49 C.F.R. parts 37 and 38;
ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) w
(prohibits discrimination on the basis of race, color, national origin, and sex); •Q
X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority �
Populations and Low-Income Populations, which ensures Non-discrimination against o
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on
minority and low-income populations;
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EEO COMPLIANCE DOCUMENTS - 3 of 5 Packet Pg. 148
4.K.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 r
have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); —>'
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xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from r
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et
seq).
xiii. Washington Law Against Discrimination (Ch. 49.60 RCW)
7. The submission of the final invoice for this contract will constitute a reaffirmation that the a
preceding statements were complied with during the course of the contract's performance.
By signing below, I agree to fulfill the five requirements referenced above.
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For:
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Title:
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CITY OF KENT
ADMINISTRATIVE POLICY
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NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 0
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SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998
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APPROVED BY Dana Ralph, Mayor
POLICY:
Equal employment opportunity and non-discrimination in contracting requirements for the City of
Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and o
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
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take the following affirmative steps: M
1. Provide a written statement to all new employees and subcontractors indicating a
commitment as an equal opportunity employer.
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2. Actively consider for promotion and advancement available minorities and women. Q
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Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the w
City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination am
Policy Declaration, prior to commencing performance. E
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract N
and subject to suspension or termination for all or part of the Agreement. N
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Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public U
Works Departments to coordinate with the City's Title VI coordinator, and perform the following c
duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity E
policy. o
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2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. w
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EEO COMPLIANCE DOCUMENTS - 5 of 5 Packet Pg. 150
Exhibit A
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Olympic Environmental Resources
4715 SW Walker Street Seattle WA 98116 °1
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TeL 206 938-8262 Email.pauldevine@msn.com
December 15, 2023
City Clerk's Office 6
City of Kent o
220 Fourth Avenue South 0
Kent, WA 98032-5895
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RE: City of Kent 2024 Recvcling Consultant Services M
City of Kent City Clerk:
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Olympic Environmental Resources (OER) is pleased to respond to the City of Kent Request for Consultant
Services for limplementation of Kent Recycling Events in 2024. OER has direct experience managing Kent y
waste reduction and recycling programs and has a clear understanding of City needs, programs, and the grant
administration experience necessary to assist your City. OER also has the vendors and contacts in place to w
implement programs immediately.
Since the early 1990s, OER's staff have been organizing and operating municipal collection events throughout 0
King County. This has included securing event sites for events, management of collection event vendors,
coordinating vendor insurance coverage's and hold harmless agreements to protect City clients, and preparing
collection reports and reimbursement requests for the program grantors and cities. OER has extensive N
experience in coordinating collection and transport or recyclable and moderate risk waste.
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It has become increasingly costly to host recycling events and vendors have been raising prices across the
board. OER will try and work with vendors to keep costs as reasonable as possible but some increases are
outside of OER's control.
Thank you for your consideration of OER's proposal. Please call (206) 938-8262 or email
pauldevine@msn.com if you have questions. E
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Respectfully,
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Paul M. Devine E
General Manager o
Olympic Environmental Resources
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Packet Pg. 151
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City of Kent 2024 Recycling Proposal for Recycling Events
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Prepared by Olympic Environmental Resources 21
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Olympic Environmental Resources (OER) specializes in solid waste and recycling services and provides
service for many City recycling programs in the Puget Sound area. For many years, OER General Manager 3
Paul Devine coordinated the Kent spring, summer, and fall residential recycling collection events and provided a
recycling grant administration and reporting. OER has a clear understanding of City of Kent needs, programs
and grant administration and reporting functions and has spent years fostering relationships with program
subcontractors. These relationships will support seamless management and implementation of Kent programs a
in 2024. OER has the project staff and vendors in place to carry out immediate management and
implementation of Kent recycling events.
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Residential Recycling Collection Events
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OER staff has successfully managed fifty-seven (57) recycling collection events in the City of Kent. From 1993
through 2023, these events provided recycling options to 47,967 Kent residents and resulted in the proper 00
recycling of 10,266,639 pounds of material diverted from the Kent waste stream.
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Qualifications of Project Staff
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Paul Devine will act as the Project Manager on the Kent Project. Paul is the General Manager/Owner of OER o
and has managed City of Kent Recycling Events in the past. Paul has extensive experience in solid waste and L->
recycling in both the public and private sectors. As Suburban City Recycling Coordinator, he designed and u;
implemented a comprehensive Solid Waste Management Plan for the City of Normandy Park. Through his .2
work in the recycling industry he has developed good working relationships with area haulers, local recyclers E
and state and local government officials. Paul has a clear understanding of the City of Kent programs. He has o
maintained all grant administration functions for all project work and has the vendors and contacts in place to
implement programs without interruption.
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Paul graduated from Whitman College in 1984 and received a Master's of Public Administration from Seattle
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University in 1990. a
2024 OER Kent Recycling Proposal 2 December 15,2023
Packet Pg. 152
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Recycling Project Staffing and Management
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OER shall provide adequately-trained staff for all Kent Recycling Collection Events. OER staff is experienced CO
and familiar with these events and very customer-service oriented. A sufficient number of OER staff shall be
present to prevent traffic delays and to address participants' needs and questions. OER will provide each Kent
event with the following staff:
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Project Manager to work with the City of Kent, provide contract management, supervise staff and oversee y
operations of the entire contract. The Project Manager shall ensure the contract is completed on schedule and
within budget. The Project Manager will also work at events as necessary. Paul Devine will act as the Project w
Manager. Paul has successfully managed Kent Recycling Collection Events in the past. Paul is experienced in aJ
all aspects of collection event management and has acted in every working capacity at events.
Event Coordinator to supervise staff and oversee operations of the entire event. The Event Coordinator shall
ensure that Site Entrance Greeters, Traffic Directors, other Event Staff are supervised throughout the day.
Karl Ruediger, Daniel Devine, and Kellin Ramage will work for OER as Event Coordinators. Karl, Daniel, and N
Kellin have all worked at Kent events in the past on both residential and business events. All Event ,
Coordinators are experienced working with event subcontractors and implementing events. All are experienced 2
and skilled in assisting the event participants and providing information on reducing waste, reusing materials ;
and recycling. y
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Site Entrance Greeters to screen vehicles for proper materials, answer questions about event procedures and
direct participants to materials collection stations. Greeters shall distribute educational materials and
promotional items as requested by the City. Henry Rance, Zach Montejano, Hiatt Konen, and Lucy Giaccio E
have worked with OER for many years. All are experienced at greeting event participants, directing event o
traffic, providing educational materials, passing out promotional items and tallying the number of participants 3
that attend the events. All are experienced and skilled at making participants feel welcome to events while w
giving event directions and relaying important safety information •Q
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Traffic Staff to direct and control traffic. Ruben Moreno, Joe Grossi, and Immanuel Holder will work as traffic o
control staff for OER. All are experienced in working events and have worked with OER for a number of years.
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In addition to OER staff, event subcontractors provide staff to collect other materials such as motor oil, �
batteries, tires, household goods, scrap metal and electronics.
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2024 OER Kent Recycling Proposal 3 December 15,2023
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Recycling-related Projects Completed for Other Agencies
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Olympic Environmental Resources specializes in solid waste and recycling services, recycling collection event M
management, environmental education programs and compost bin and rain barrel sale management. OER
staff has over thirty years of recycling collection event and recycling project management experience. In 2024-
25, OER staff will implement over one hundred (100) residential recycling collection events, paint recycling E
events, and compost/worm bin and rain barrel sales. ;v
OER has provided event management services for: Q
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City of Algona City of Auburn City of Bellevue w
City of Black Diamond City of Burien City of Carnation
City of Covington City of Des Moines City of Duvall
City of Everett City of Enumclaw City of Issaquah
City of Kenmore City of Kent City of Lake Forest Park
City of Maple Valley City of Mercer Island City of Newcastle
City of Normandy Park City of Pacific City of Sammamish N
City of Tukwila ,
King County Solid Waste Division
Town of Skykomish
Washington Materials Management & Financing Authority
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2024 OER Kent Recycling Proposal 4 December 15,2023
Packet Pg. 154
4.K.a
Client References
Ms. Shellie Bates •2
Program Supervisor E,
City of Covington —p
16720 SE 271st Street, Suite 100
Covington, WA 98042 3
(253) 480-2463
Email: sbates@covingtonwa.gov E
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Ms. Cheri James
Administrative Assistant II N
City of Auburn
P.O. Box 1300 >
Auburn, WA 98019 in
(425) 788-1185 06
Email: cheri.james@duvallwa.gov a
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Ms. Laura Techico, AICP
Principal Planner
City of Des Moines M
21630 11th Avenue South, Suite D ,
Des Moines, WA 98198-6398
(206) 870-6595 E
Email: Itechico@desmoineswa.gov L
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2024 OER Kent Recycling Proposal 5 December 15,2023
Packet Pg. 155
4.K.a
City of Kent 2024 Recycling Event Budget
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Three citywide Recycling Events to be held on or about March 2, 2024, June 8, 2024, and October 12, 2024. 21
Hours will be 9 am to 3 pm. O
City-wide residential recycling collection events-three 3
Spring Summer Fall
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Items Cost Items Cost Items Cost Total E
Refrigerators-unit cost$35 each $3,200.00 Refrigerators $2,700.00 Refrigerators $3,800.00 $9,700.00
Air Conditioners-unit cost$35 each $1,680.00 Air Conditioners $1,300.00 Air Conditioners $3,200.00 $6,180.00
Water Heaters-unit cost$5 each $150.00 Water Heaters $100.00 Water Heaters $100.00 $350.00 Q
Mini Propane Tanks-unit cost$1 each $220.00 Mini Propane Tanks $220.00 Mini Propane Tanks $200.00 $640.00 rn
5-Gallon Propane Tanks-unit cost$10 e $400.00 5-Gallon Propane Tanl, $450.00 5-Gallon Propane Tar $650.00 $1,500.00
Toilets&Sinks-unit cost$25 each $1,200.00 Toilets&Sinks $2,000.00 Toilets&Sinks $1,500.00 $4,700.00 v
Mattresses-unit cost$35 each $8,000.00 Mattresses $8,500.00 Mattresses $8,500.00 $259000.00
Collection Services N
Tires $2,500.00 Tires Not Acce ted Tires $2,500.00 $5,000.00
Scrap Metal/Electronics $3,500.00 Scrap Metal/Electronic $3,500.00 Scrap Metal/Electrons $3,500.00 $10,500.00 06
Cardboard $400.00 Cardboard $400.00 Cardboard $400.00 $1,200.00 6
Styrofoam $1,250.00 Styrofoam $1,250.00 Styrofoam $1,250.00 $3,750.00 0
Bulky Wood $1,250.00 Bulky Wood $1,600.00 Bulky Wood Not Accepted $2,850.00 0
Concrete Not Acce to Concrete $3,500.00 Concrete $4,000.00 $79500.00
Paper Shredding $600.00 Paper Shredding $600.00 Paper Shredding $600.00 $1,800.00
Batteries $2,000.00 Batteries $2,000.00 Batteries $3,000.00 $7,000.00 ao
Textiles $0.00 Textiles $0.00 Textiles $0.00 $0.00
Paint Not Accepted Paint Not Accepted Paint Not Accepted $0.00 +.
Management Services
Event Staff $4,500.00 Event Staff $4,500.00 Event Staff $4,500.00 $139500.00 E
Event Management $9,800.00 Event Management $9,800.00 Event Management $9,800.00 $299400.00
Other >v
Rentals $0.00 Rentals $100.00 Rentals $0.00 $100.00
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Supplies $400.00 Supplies $500.00 Supplies $400.00 $1,300.00 y
Mileage $150.00 Mileage $175.00 Mileage $150.00 $475.00
Contingecy fee for unexpected cost $1,500.00 $1,500.00 $1,500.00 $4,500.00 >
Subtotal $42,700.00 Subtotal 1 $449695.00 ISubtotal 1 $499550.00 1uJ
TOTAL I I 1 $136,945.00
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Six Mini Recycling Events to be held on Fridays in the Spring, Summer, and Fall. Hours will be 9 am to noon or
1 pm to 4 pm.
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City Mini recycling collection events-six cV
Items Cost Per Event Total for Six Events y
Collection Services m
Scrap Metal/Electronics $500.00 $3,000.00 2
Paper Shredding $500.00 $3,000.00
Textiles $0.00 $0.00 U)
Paint $0.00 $0.00
Management Services
Event Staff $1,200.00 $79200.00
Event Management $3,900.00 $23,400.00 y
Other E
Rentals $50.00 $300.00 a
Supplies $75.00 $450.00
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Mileage $70.00 $420.00 >
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Continciecy fee for unexpected cost $250.00 $1,500.00 W
Subtotal $6,545.00 v
TOTAL $399270.00 B
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TOTAL BUDGET: $176,215.00
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2024 OER Kent Recycling Proposal 6 December 15,2023
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Hourly Rates for Event Management and Staff
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Project Manager $80.00 0
Recycling Specialist $65.00 3
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Recycling Event Staff $65.00 E
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City of Kent 2024 Recycling Proposal: Work Samples N
Recycling Collection Events OER managed work samples - available upon request.
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2024 OER Kent Recycling Proposal 7 December 15,2023
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4.K.a
Exhibit B 2
Insurance Requirements E,
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Insurance
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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 a
work hereunder by the Contractor, their agents, representatives, employees,
or subcontractors.
A. Minimum Scope of Insurance N
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Contractor shall obtain insurance of the types described below: o
Commercial General Liability insurance shall be written on Insurance
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Services Office (ISO) occurrence form CG 00 01 and shall cover 00
liability arising from premises, operations, independent contractors,
products-completed operations, personal injury and advertising injury,
and liability assumed under an insured contract. The Commercial L
General Liability insurance shall be endorsed to provide the Aggregate a
Per Project Endorsement ISO form CG 25 03 11 85. The City shall be
named as an insured under the Contractor's Commercial General
Liability insurance policy with respect to the work performed for the W
City using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage. If a general
aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall o
be twice the required occurrence limit. N
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The Contractor may use Umbrella or Excess Policies to provide the
liability limits as required in this Agreement. This form of insurance will
be acceptable if all the Primary and Umbrella or Excess Policies shall
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provide all the insurance coverages herein required. The Umbrella or
Excess policies shall be provided on a true "following form" or broader
coverage basis, with coverage at least as broad as provided on the o
underlying Commercial General Liability insurance. .5
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Automobile Liability insurance providing bodily injury and property a
damage liability coverage for all automobiles/vehicles used in the ;,
performance of this Agreement. This coverage must be on a primary
and non-contributory basis only. Coverage shall be written on ISO
form CA 00 01, or a substitute form providing equivalent liability E
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Packet Pg. 158
4.K.a
coverage. If necessary, the policy shall be endorsed to provide 2
contractual liability coverage. E,
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Pollution Liability insurance applicable to the work being performed r
and from the operations of the Contractor doing work on behalf of the
City.
Workers' Compensation coverage for the employees of Contractor and a
subcontractors as required by the Industrial Insurance laws of the
State of Washington.
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B. Minimum Amounts of Insurance
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Contractor shall maintain the following insurance limits: 0
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Commercial General Liability insurance shall be written with limits no
less than $1,000,000 per occurrence, $2,000,000 general aggregate. M
Primary Non-Contributory Additional Insured coverage for the City of
Kent, et. al.
Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000 L
Waiver of Subrogation a
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Automobile Liability insurance with a minimum combined single limit
for bodily injury and property damage of $1,000,000 per occurrence.
Pollution Liability insurance shall be written with a limit no less than
$1,000,000 per claim or occurrence, and $2,000,000 aggregate per
policy period of one (1) year. o
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If the Contractor maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the
broader coverage and/or the higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City. The above policy
limits may be obtained with excess liability (umbrella) insurance.
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C. Other Insurance Provisions
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The insurance policies are to contain, or be endorsed to contain, the a
following provisions: ;,
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1. The Contractor's insurance coverage shall be primary insurance
with respect to the City. Any insurance, self-insurance, or E
insurance pool coverage maintained by the City shall be in r
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Packet Pg. 159
4.K.a
excess of the Contractor's insurance policies and shall not 2
contribute to the Contractor's insurance policies. E,
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2. Contractor's insurer must deliver, or mail written notice of
cancellation to the named insured at least forty-five (45) days 3
before the effective date of the cancellation. The Contractor's
insurance policy shall include an endorsement that provides the
City with written notice of cancellation forty-five (45) days
before the effective date of the cancellation. If Contractor's
insurer fails to provide the City with a copy of the notice of
cancellation endorsement, the Contractor must notify the City of
any cancellation, nonrenewal or termination within two (2) N
business days of their receipt of such notice.
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3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) with respect to work
performed by or on behalf of the Contractor and a copy of the M
endorsement naming the City as an additional insured shall be
attached to the Certificate of Insurance. The City reserves the
right to receive a certified copy of all required insurance policies. L
The Contractor's Commercial General Liability insurance shall a
also contain a clause stating that coverage shall apply separately
to each insured against whom claims are made or suit is
brought, except with respect to the limits of the insurer's W
liability.
D. Acceptability of Insurers
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Insurance is to be placed with insurers with a current A.M. Best rating of not N
less than A:VII.
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E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of 0
the Contractor before commencement of the work. The City waives no
rights, and the Contractor is not excused from performance if Contractor w
fails to provide the City with a copy of the endorsement naming the City as a a
Primary Non-Contributory Additional Insured. 21
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F. Subcontractors
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4.K.a
Contractor shall include all subcontractors as insureds under its policies or 2
shall furnish separate certificates and endorsements for each subcontractor. E,
All coverage for subcontractors shall be subject to all the same insurance o
requirements as stated herein for the Contractor. r
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Packet Pg. 161
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PUBLIC WORKS DEPARTMENT
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
W A S H i N G T O N 253-856-5600
DATE: January 16, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Grant Acceptance - Department of Ecology NPDES Capacity -
Authorize
MOTION: I move to authorize the Mayor to accept grant funds from the
Washington State Department of Ecology in the amount of $130,000 to
help implement the National Pollutant Discharge Elimination System
Program, amend the budget, authorize expenditure of the grant funds, and
authorize the Mayor to sign the grant agreement, subject to final terms
and conditions acceptable to the City Attorney and Public Works Director.
SUMMARY: The City is covered under the Western Washington Phase II Municipal
Stormwater Permit, a National Pollutant Discharge Elimination System (NPDES)
requirement under the federal Clean Water Act, administered by the Washington
State Department of Ecology. The permit allows the City to operate its stormwater
system, and to discharge to downstream water features, provided conditions of the
permit are met.
The City has been offered a $130,000 grant from the Department of Ecology Local
Government Stormwater Grants Program to assist in the implementation of NPDES
requirements. No match is required for this grant.
Grant funds can be used for labor and materials related to data collection, updating
stormwater regulations, source control, public education and outreach, illegal
discharges into the City's stormwater system, and other activities mandated by the
NPDES permit.
BUDGET IMPACT: The City will receive $130,000 from the Washington State
Department of Ecology.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
Packet Pg. 162
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1. Water Quality Stormwater Capacity Grant Agreement (PDF)
Packet Pg. 163
DEPARTMENT OF
ECOLOGY
10100 State of Washington
Agreement No. WQSWCAP-2325-KentPW-00036
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WATER QUALITY STORMWATER CAPACITY AGREEMENT Z
BETWEEN G
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THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY o
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AND E
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CITY OF KENT o
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This is a binding Agreement entered into by and between the state of Washington,Department of Ecology,hereinafter
referred to as"ECOLOGY,"and City of Kent,hereinafter referred to as the"RECIPIENT,"to carry out with the provided
funds activities described herein.
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GENERAL INFORMATION
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Project Title: 2023-2025 Biennial Stormwater Capacity Grants
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Total Cost: $130,000.00 aEi
Total Eligible Cost: $130,000.00
Ecology Share: $130,000.00 Q
Recipient Share: $0.00 L
The Effective Date of this Agreement is: 07/01/2023
The Expiration Date of this Agreement is no later than: 03/31/2025
Project Type: Capacity Grant 0
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Project Short Description: 3
This project will assist Phase I and II Permittees in implementation or management of municipal stormwater programs. E
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Project Long Description: 0
N/A
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Overall Goal:
This project will improve water quality in the State of Washington by reducing stormwater pollutants discharged to state
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water bodies. E
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State of Washington Department of Ecology
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
RECIPIENT INFORMATION 31
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Organization Name: City of Kent V
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Federal Tax ID: 91-6001254 a
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Mailing Address: 220 Fourth Ave S 0
Kent,WA 98032
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Physical Address: 220 Fourth Ave S E
Kent,Washington 98032
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Organization Email: pwengineering@kentwa.gov
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Contacts
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Template Version 12/10/2020
Packet Pg. 165
State of Washington Department of Ecology
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
Laura Haren 31
Project Manager
Environmental Conservation Analyst
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400 West Gowe Street w
Kent,Washington 98032 a
Email: lharen@kentwa.gov Z
Phone: (253) 856-5537 0
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Billing Contact
Stephanie Anderson
SR.Financial Analyst
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220 Fourth Ave S '
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Kent,Washington 98032
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Email: snderson@kentwa.gov Q.
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Phone: (253) 856-5589
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Dana L Ralph Iq
Authorized Mayor
Signatory
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220 Fourth Ave S E
Kent,Washington 98032
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Email: dralph@kentwa.gov Q
Phone: (253) 856-5589 L
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Template Version 12/10/2020
Packet Pg. 166
State of Washington Department of Ecology
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
ECOLOGY INFORMATION 31
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Mailing Address: Department of Ecology V
Water Quality w
PO BOX 47600 a
Olympia,WA 98504-7600 Z
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Physical Address: Water Quality 0
300 Desmond Drive SE
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Lacey,WA 98503
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Contacts E
Kyle Graunke Q.
Project p
Manager
PO Box 47600
Olympia,Washington 98504-7600
Email: kygr461@ecy.wa.gov
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Phone: (360)628-3890
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Kyle Graunke 00
Financial Iq
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Manager
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PO Box 47600 m
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Olympia,Washington 98504-7600
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Email: kygr461@ecy.wa.gov
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Phone: (360)628-3890
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Template Version 12/10/2020
Packet Pg. 167
State of Washington Department of Ecology
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
AUTHORIZING SIGNATURES
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RECIPIENT agrees to furnish the necessary personnel,equipment,materials, services, and otherwise do all things necessary W
for or incidental to the performance of work as set forth in this Agreement. a
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RECIPIENT acknowledges that they had the opportunity to review the entire Agreement,including all the terms and conditions o
of this Agreement, Scope of Work, attachments,and incorporated or referenced documents,as well as all applicable laws, w
statutes,rules,regulations, and guidelines mentioned in this Agreement. Furthermore,the RECIPIENT has read,understood, —
and accepts all requirements contained within this Agreement.
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This Agreement contains the entire understanding between the parties,and there are no other understandings or representations a
other than as set forth, or incorporated by reference,herein. p
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No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by
authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement.ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party. Q
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This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so
approved.
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The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective
organizations to this Agreement. E
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Washington State City of Kent C9
Department of Ecology
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By: By:
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Vincent McGowan,P.E. Date Dana L Ralph Date `o
Water Quality Mayor CO),
Program Manager
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Template Approved to Form by y
Attorney General's Office
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Template Version 12/10/2020
Packet Pg. 168
State of Washington Department of Ecology
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
SCOPE OF WORK
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Task Number: 1 Task Cost: $5,000.00 C)
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Task Title: Project Administration/Management z
Task Description: G
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A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements.
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Responsibilities include,but are not limited to: Maintenance of project records; submittal of requests for reimbursement and c
corresponding backup documentation;progress reports; and the EAGL(Ecology Administration of Grants and Loans)
recipient closeout report(including photos,if applicable). In the event that the RECIPIENT elects to use a contractor to E
complete project elements,the RECIPIENT shall retain responsibility for the oversight and management of this funding a
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agreement.
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B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable procurement,
contracting, and interlocal agreement requirements;permitting requirements,including application for,receipt of, and
compliance with all required permits,licenses,easements,or property rights necessary for the project; and submittal of required
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performance items. This documentation shall be available upon request.
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C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up-to-date staff contact information
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in the EAGL system. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this M
agreement.
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Task Goal Statement: d
Properly managed and fully documented project that meets ECOLOGY's grant and loan administrative requirements. Q
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Task Expected Outcome:
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* Timely and complete submittal of requests for reimbursement,quarterly progress reports,and Recipient Closeout Report.
*Properly maintained project documentation.
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Project Administration/Management c
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Deliverables U
Number Description Due Date
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1.1 Progress Reports that include descriptions of work accomplished,project +;
challenges or changes in the project schedule. Submitted at least quarterly. ?�
.2 Recipient Closeout Report(EAGL Form).
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Template Version 12/10/2020
Packet Pg. 169
State of Washington Department of Ecology
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
SCOPE OF WORK
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Task Number: 2 Task Cost: $125,000.00 t�
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Task Title: Permit Implementation z
Task Description: G
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Conduct work related to implementation of municipal stormwater National Pollutant Discharge Elimination System (NPDES) w
permit requirements. If the RECIPIENT is out of compliance with the Municipal Stormwater National Pollutant Discharge c
Elimination System(NPDES)permit,the RECIPIENT will use funds to attain compliance where applicable. The following is a
list of elements projects may include: E
1) Public education and outreach activities, including stewardship activities. a
2) Public involvement and participation activities. o
3) Illicit discharge detection and elimination(IDDE)program activities, including:
a) Mapping of municipal separate storm sewer systems(MS4s).
b) Staff training.
c) Activities to identify and remove illicit stormwater discharges.
Q
d) Field screening procedures.
e) Complaint hotline database or tracking system improvements.
4) Activities to support programs to control runoff from new development,redevelopment,and construction sites,including:
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a) Development of an ordinance and associated technical manual or update of applicable codes. M
b) Inspections before,during,and upon completion of construction, or for post-construction long-term maintenance.
c) Training for plan review or inspection staff.
d) Participation in applicable watershed planning effort.
5) Pollution prevention,good housekeeping,and operation and maintenance program activities, such as: Q
a) Inspecting and/or maintaining the MS4 infrastructure.
b) Developing and/or implementing policies,procedures,or stormwater
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pollution prevention plans at municipal properties or facilities.
6) Annual reporting activities.
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7) Establishing and refining stormwater utilities,including stable rate structures. M
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8) Water quality monitoring to implement permit requirements for a Water Cleanup Plan (Total Maximum Daily Load
(TMDL)). Note that any monitoring funded by this program requires submittal of a Quality Assurance Project Plan (QAPP) M
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that ECOLOGY approves prior to awarding funding for monitoring.Monitoring must directly meet a Phase I or II permit E
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requirement.
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9) Structural stormwater controls program activities(Phase I permit requirement).
10) Source control for existing development(Phase I permit requirement), including:
a) Inventory and inspection program.
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b) Technical assistance and enforcement.
c) Staff training.
11) Equipment purchases that result directly in improved permit compliance.Equipment purchases must be specific to
implementing a permit requirement(such as a vactor truck)rather than general use(such as a pick-up truck).Equipment
purchases over$5,000.00 must be pre-approved by ECOLOGY.
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Template Version 12/10/2020
Packet Pg. 170
State of Washington Department of Ecology
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
Documentation of all tasks completed is required. Documentation may include field reports,dates and number of inspections 31
conducted,dates of trainings held and participant lists, number of illicit discharges investigated and removed, summaries of
planning, stormwater utility or procedural updates,annual reports, copies of approved QAPPs, summaries of structural or V
source control activities, summaries of how equipment purchases have increased or improved permit compliance. w
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Ineligible expenses include capital construction projects,incentives or give-a-ways, grant application preparation, Technology Z
Assessment Protocol-Ecology(TAPE)review for proprietary treatment systems,or tasks that do not support Municipal
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Stormwater Permit implementation. 0
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Task Goal Statement:
This task will improve water quality in the State of Washington by reducing the pollutants delivered by stormwater to lakes, E
streams, and the Puget Sound by implementing measures required by Phase I and II NPDES permits. M
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Task Expected Outcome:
RECIPIENTS will implement measures required by Phase I and 11 NPDES permits.
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Permit Implementation
Deliverables 00
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Number Description Due Date
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2.1 Documentation of tasks completed
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Template Version 12/10/2020
Packet Pg. 171
State of Washington Department of Ecology
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
BUDGET
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Funding Distribution EG240269 w
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NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment Z
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple c
funding distribution numbers to identify each budget. 0
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Funding Title: 2023-25 Stormwater Capacity Grant Funding Type: Grant °
Funding Effective Date: 07/01/2023 Funding Expiration Date: 03/31/2025
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Funding Source:
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Title: Model Toxics Control Stormwater Account(MTCSA) o
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Type: State °
Funding Source%: 100% Q
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Description: MTCSA
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Approved Indirect Costs Rate: Approved State Indirect Rate: 30%
Recipient Match%: Oo�u E
InKind Interlocal Allowed:
No �
InKind Other Allowed: No Q
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Is this Funding Distribution used to match a federal grant? No L
2023-25 Stormwater Capacity Grant Task Total
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Grant and Loan Administration $ 5,000.00 V
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Total: $ 130,000.00
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Template Version 12/10/2020
Packet Pg. 172
State of Washington Department of Ecology 4.L.a
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
Funding Distribution Summary �
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Recipient/Ecology Share
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Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total a
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2023-25 Stormwater Capacity 0.00 % $ 0.00 $ 130,000.00 $ 130,000.( :a"%)
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Total $ 0.00 $ 130,000.00 $ 130,000.( c
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AGREEMENT SPECIFIC TERMS AND CONDITIONS E
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SPECIAL TERMS AND CONDITIONS
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GENERAL FEDERAL CONDITIONS O
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If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is
used to match a federal grant award,the following terms and conditions apply to you. c
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A. CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY
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EXCLUSION: Q
1. The RECIPIENT/CONTRACTOR,by signing this agreement, certifies that it is not suspended, debarred,proposed for L
debarment,declared ineligible or otherwise excluded from contracting with the federal government,or from receiving 0
contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements
contained in the certification,they must provide an explanation as to why they cannot. 0
2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the V
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by
reason of changed circumstances. 3
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3. The terms covered transaction,debarred, suspended, ineligible, lower tier covered transaction,participant,person, o
primary covered transaction,principal,proposal,and voluntarily excluded,as used in this clause,have the meaning set
out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact
ECOLOGY for assistance in obtaining a copy of those regulations. a
4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a a)
person who is proposed for debarment under the applicable Code of Federal Regulations, debarred suspended, 3:
p p p pp � g p ,
declared ineligible,or voluntarily excluded from participation in this covered transaction.
5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement,that it will include this clause titled E
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"CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY
EXCLUSION"without modification in all lower tier covered transactions and in all solicitations for lower tier covered Q
transactions.
6. Pursuant to 2CFR180.330,the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered
Template Version 12/10/2020
Packet Pg. 173
State of Washington Department of Ecology
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
transaction complies with certification of suspension and debarment requirements. 31
7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal
Regulations may result in the delay or negation of this funding agreement,or pursuance of legal remedies, including V
suspension and debarment. w
8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file,that it,and all lower tier recipients or a
contractors,are not suspended or debarred, and will make this proof available to ECOLOGY before requests for Z
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in c
<http://www.sam.gov>and print a copy of completed searches to document proof of compliance. 0
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B.FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)REPORTING
REQUIREMENTS: E
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form(ECY 070-395)and return it with the M
0.
signed agreement to ECOLOGY. m
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Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
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top executives using the FFATA Data Collection Form. a
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Receives more than$30,000 in federal funds under this award. Q
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Receives more than 80 percent of its annual gross revenues from federal funds.
Receives more than$25,000,000 in annual federal funds.
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Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form.Ecology is
required to report the FFATA information for federally funded agreements, including the required Unique Entity Identifier in
www.sam.-og v<http://www.sam.gov/>within 30 days of agreement signature. The FFATA information will be available to E
the public at www.usaspending.gov<http://www.usaspending_gov/>.
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For more details on FFATA requirements, see www.fsrs. og v<http://www.fsrs.gov/>. L
C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE
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SERVICES OR EQUIPMENT: 0
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As required b 2 CFR 200.216 federal rant or loan recipients and subreci cents are prohibited from obligating or expending
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loan or grant funds to: E
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1. Procure or obtain; M,
2. Extend or renew a contract to procure or obtain; or
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3. Enter into a contract(or extend or renew a contract)to procure or obtain equipment, services,or systems that use a
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covered telecommunications equipment,video surveillance services or services as a substantial or essential component +;
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of any system, or as critical technology as part of any system.As described in Public Law 115-232
<hgps://www. ovg info.gov/content/pkiz/PLAW-115publ232/pdf/PLAW-115publ232.pdf>, section 889,covered
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telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE E
Corporation(or any subsidiary or affiliate of such entities).
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Recipients, subrecipients,and borrowers also may not use federal funds to purchase certain prohibited equipment, systems,or
services,including equipment, systems,or services produced or provided by entities identified in section 889, are recorded in
Template Version 12/10/2020
Packet Pg. 174
State of Washington Department of Ecology 4.L.a
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
the System for Award Management(SAM)<https://sam.gov/SAM/>exclusion list. 31
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Template Version 12/10/2020
Packet Pg. 175
State of Washington Department of Ecology 4.L.a
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
GENERAL TERMS AND CONDITIONS
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Pertaining to Grant and Loan Agreements With the state of Washington,Department of Ecology t�
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GENERAL TERMS AND CONDITIONS a
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For DEPARTMENT OF ECOLOGY GRANTS and LOANS >,
07/01/2023 Version c
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1. ADMINISTRATIVE REQUIREMENTS 0
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans—EAGL Edition."
(https:Hfortress.wa.gov/ecy/publications/SummaryPages/2301002.html) E
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b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all a
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funds and resources made available under this Agreement. G
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all
subgrantees and contractors comply with the terms and conditions of this Agreement.ECOLOGY reserves the right to request
proof of compliance by subgrantees and contractors.
d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and Q
character of all work and services.
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2. AMENDMENTS AND MODIFICATIONS eo
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent M
modification(s)or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized
representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative
information without the concurrence of either party.
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3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer,OCIO Policy no. 188, L
Accessibility(https://ocio.wa.gov/policy/accessibility)as it relates to"covered technology."This requirement applies to all
products supplied under the Agreement,providing equal access to information technology by individuals with disabilities,
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including and not limited to web sites/pages,web-based applications, software systems,video and audio content,and electronic v
documents intended for publishing on Ecology's public web site.
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4. ARCHAEOLOGICAL AND CULTURAL RESOURCES E
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RECIPIENT shall take all reasonable action to avoid,minimize,or mitigate adverse effects to archaeological and historic Cn
archaeological sites,historic buildings/structures,traditional cultural places, sacred sites,or other cultural resources,hereby
referred to as Cultural Resources.
The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered,
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disturbed, or damaged due to the RECIPIENT's project funded under this Agreement.
RECIPIENT shall:
a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project:
• Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed
prior to expenditure of Agreement funds as required by applicable State and Federal requirements.
*For state funded construction,demolition, or land acquisitions,comply with Governor Executive Order 21-02,Archaeological Q
and Cultural Resources.
Template Version 12/10/2020
Packet Pg. 176
State of Washington Department of Ecology 4.L.a
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
• For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106). 31
b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan(IDP)to ECOLOGY prior to implementing
any project that involves field activities. ECOLOGY will provide the IDP form. V
RECIPIENT shall: cn
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• Keep the IDP at the project site. a
• Make the IDP readily available to anyone working at the project site. Z
• Discuss the IDP with staff,volunteers, and contractors working at the project site. c
• Implement the IDP when Cultural Resources or human remains are found at the project site. 0
c) If any Cultural Resources are found while conducting work under this Agreement,follow the protocol outlined in the project
0
IDP.
• Immediately stop work and notify the ECOLOGY Program,who will notify the Department of Archaeology and Historic E
Preservation at(360) 586-3065, any affected Tribe, and the local governent. M
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d) If any human remains are found while conducting work under this Agreement,follow the protocol outlined in the project o
IDP. '
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• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office,the
0
Department of Archaeology and Historic Preservation at(360)790-1633, and then the ECOLOGY Program. a
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e) Comply with RCW 27.53,RCW 27.44, and RCW 68.50.645,and all other applicable local, state, and federal laws
protecting Cultural Resources and human remains. Q
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5. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. Iq
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6. COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees,ECOLOGY,all E
affected local, state, or federal jurisdictions, and any interested individuals or groups.
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7. COMPENSATION L
a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT.
ECOLOGY must sign the Agreement before any payment requests can be submitted.
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b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. 0.
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c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with V
0)ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure.
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d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. E
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e) ECOLOGY will not process payment requests without the proper reimbursement forms,Progress Report and supporting $
documentation. ECOLOGY will provide instructions for submitting payment requests. Cn,
f) ECOLOGY will pay the RECIPIENT thirty(30)days after receipt of a properly completed request for payment.
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g) RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide Payee Desk. a
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To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 ;
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form at website,https://ofin.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor 3:
registration process,you can contact Statewide Payee Help Desk at(360)407-8180 or email PayeeRegistration@ofm.wa.gov.
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h) ECOLOGY may,at its sole discretion,withhold payments claimed by the RECIPIENT if the RECIPIENT fails to E
satisfactorily comply with any term or condition of this Agreement.
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein,or a portion thereof,has Q
been completed if,at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement,as
appropriate,or upon completion of an audit as specified herein.
Template Version 12/10/2020
Packet Pg. 177
State of Washington Department of Ecology 4.L.a
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
j) RECIPIENT must submit within thirty(30)days after the expiration date of this Agreement, all financial,performance,and
other reports required by this Agreement. Failure to comply may result in delayed reimbursement.
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8. COMPLIANCE WITH ALL LAWS w
RECIPIENT agrees to comply fully with all applicable federal,state and local laws,orders,regulations, and permits related to a
this Agreement, including but not limited to: Z
a) RECIPIENT agrees to comply with all applicable laws,regulations, and policies of the United States and the State of
0
Washington which affect wages and job safety. 0
b) RECIPIENT agrees to be bound by all applicable federal and state laws,regulations, and policies against discrimination.
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c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required E
by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the M
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permit and approval processes. m
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to
comply with above requirements.
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If any provision of this Agreement violates any statute or rule of law of the state of Washington,it is considered modified to Q.
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conform to that statute or rule of law.
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9. CONFLICT OF INTEREST P
RECIPIENT and ECOLOGY agree that any officer,member, agent,or employee,who exercises any function or responsibility
in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect,nor
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affect the interest of any corporation,partnership,or association in which he/she is a part, in this Agreement or the proceeds
thereof.
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10. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award Q
all contracts for construction,purchase of goods,equipment, services, and professional architectural and engineering services L
through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure
legal,fair,and open competition.
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RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be 0
required to provide written certification that they have followed their standard procurement procedures and applicable state law v
in awarding contracts under this Agreement. 0
ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement E
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practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state $
procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. Cn,
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11. DISPUTES a
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When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the +;
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determination of ECOLOGY will govern,although the RECIPIENT shall have the right to appeal decisions as provided for
below:
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a) RECIPIENT notifies the funding program of an appeal request. E
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. Q
d) ECOLOGY reviews the RECIPIENT's appeal.
e) ECOLOGY sends a written answer within ten(10)business days,unless more time is needed, after concluding the review.
Template Version 12/10/2020
Packet Pg. 178
State of Washington Department of Ecology 4.L.a
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
The decision of ECOLOGY from an appeal will be final and conclusive,unless within thirty(30)days from the date of such 31
decision,the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly
authorized representative will be final and conclusive. V
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. w
Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision a
will not be taken to Environmental and Land Use Hearings Office. Z
Pending final decision of a dispute,the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in c
accordance with the decision rendered. 0
Nothing in this Agreement will be construed to limit the parties'choice of another mutually acceptable method,in addition to the
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dispute resolution procedure outlined above.
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12. ENVIRONMENTAL DATA STANDARDS
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a) RECIPIENT shall prepare a Quality Assurance Project Plan(QAPP)for a project that collects or uses environmental m
measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY
Program issuing the grant or loan. If a QAPP is required,the RECIPIENT shall:
0
• Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY,unless ECOLOGY Quality Assurance (QA) a
d
officer or the Program QA coordinator instructs otherwise.
• Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies,July 2004 Q
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(Ecology Publication No. 04-03-030).
• Submit the QAPP to ECOLOGY for review and approval before the start of the work.
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Iq
Information Management system(EIM),unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at:
http://www.ecy.wa.gov/eim. E
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c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS)data is collected and
processed. Guidelines for Creating and Accessing GIS Data are available at: Q
https:Hecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards.RECIPIENT,when L
requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers,imagery,related tables,raw data
collection files,map products,and all metadata and project documentation.
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13. GOVERNING LAW v
This Agreement will be governed by the laws of the State of Washington,and the venue of any action brought hereunder will be
in the Superior Court of Thurston County. E
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14. INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries,consultant's fees, and other costs related to the project
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described herein, except as provided in the Scope of Work. a
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To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other ;
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harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of 3:
that party or that parry's agents or employees arising out of this Agreement.
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15. INDEPENDENT STATUS
The employees,volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be Q
employees,volunteers,or agents of that party and will not for any purpose be employees,volunteers,or agents of the other
party.
Template Version 12/10/2020
Packet Pg. 179
State of Washington Department of Ecology 4.L.a
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
16. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up V
any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission,or gift in return for award w
of a subcontract hereunder. C
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17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES(MWBE) c
RECIPIENT is encouraged to solicit and recruit,to the extent possible, certified minority-owned(MBE)and women-owned 0
(WBE)businesses in purchases and contracts initiated under this Agreement. LU
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Contract awards or rejections cannot be made based on MWBE participation;however, the RECIPIENT is encouraged to
take the following actions,when possible, in any procurement under this Agreement: E
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or M
0.
services. m
b) Divide the total requirements,when economically feasible, into smaller tasks or quantities,to permit maximum participation
by qualified minority and women's businesses.
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c) Establish delivery schedules,where work requirements permit,which will encourage participation of qualified minority and Q.
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women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises(OMWBE) Q
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(866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce,as appropriate.
18. ORDER OF PRECEDENCE Iq
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In the event of inconsistency in this Agreement,unless otherwise provided herein,the inconsistency shall be resolved by giving
precedence in the following order: (a)applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of
Work; (d) Special Terms and Conditions; (e)Any provisions or terms incorporated herein by reference,including the E
"Administrative Requirements for Recipients of Ecology Grants and Loans"; (f)Ecology Funding Program Guidelines; and(g)
General Terms and Conditions. Q
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19. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of
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this Agreement: 0
a) If requested,RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10)business days prior to V
production and distribution. 0
b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. E
L
c) If requested,RECIPIENT shall provide ECOLOGY two(2)final copies and an electronic copy of any tangible products $
developed. �%
Copies include any printed materials, and all tangible products developed such as brochures,manuals,pamphlets,videos,audio
0
tapes,CDs,curriculum,posters,media announcements,or gadgets with a message, such as a refrigerator magnet,and any a
L
online communications, such as web pages,blogs, and twitter campaigns. If it is not practical to provide a copy,then the +;
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RECIPIENT shall provide a description(photographs, drawings,printouts, etc.)that best represents the item.
Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic
m
requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact E
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. Q
20. PROGRESS REPORTING
Template Version 12/10/2020
Packet Pg. 180
State of Washington Department of Ecology 4.L.a
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to
ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document
timely use of funds. V
b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a w
progress report. ECOLOGY will define the elements and frequency of progress reports. a
c) RECIPIENT shall use ECOLOGY's provided progress report format. Z
d) Quarterly progress reports will cover the periods from January 1 through March 31,April 1 through June 30,July 1 through c
September 30,and October 1 through December 31. Reports shall be submitted within thirty(30)days after the end of the 0
quarter being reported.
0
e) RECIPIENT must submit within thirty(30)days of the expiration date of the project,unless an extension has been approved
by ECOLOGY, all financial,performance, and other reports required by the Agreement and funding program guidelines. E
RECIPIENT shall use the ECOLOGY provided closeout report format. M
0.
21. PROPERTY RIGHTS o
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
under this Agreement,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,nonexclusive,
0
and irrevocable license to reproduce,publish,recover,or otherwise use the material(s)or property, and to authorize others to Q.
d
use the same for federal, state,or local government purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; Q
c
present papers,lectures,or seminars involving information supplied by ECOLOGY;or use logos,reports,maps,or other data
in printed reports, signs,brochures,pamphlets,etc.,appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic Iq
materials produced in fulfillment of this Agreement,in any manner ECOLOGY deems appropriate.ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials.
d) Tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology Grants E
and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds
furnished by ECOLOGY in the absence of state and federal statutes,regulations, or policies to the contrary,or upon specific Q
instructions with respect thereto in this Agreement. L
e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT
for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property
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is lost,stolen,or damaged while in the RECIPIENT's possession,then ECOLOGY shall be reimbursed in cash or by setoff by 0
the RECIPIENT for the fair market value of such property. V
Acquisition Projects. The following provisions shall apply if the project covered b this Agreement includes funds for the
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acquisition of land or facilities: E
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1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this $
Agreement. Cn,
2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of
0
funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates,or abstracts, and a
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attorney's opinions establishing that the land is free from any impediment, lien,or claim which would impair the uses intended bi +;
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this Agreement.
g) Conversions. Regardless of the Agreement expiration date,the RECIPIENT shall not at any time convert any equipment,
m
property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally E
approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of
that portion of the proceeds of the sale,lease,or other conversion or encumbrance which monies granted pursuant to this Q
Agreement bear to the total acquisition,purchase,or construction costs of such property.
Template Version 12/10/2020
Packet Pg. 181
State of Washington Department of Ecology 4.L.a
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
22. RECORDS,AUDITS,AND INSPECTIONS 31
RECIPIENT shall maintain complete program and financial records relating to this Agreement,including any engineering
documentation and field inspection reports of all construction work accomplished. V
All records shall: cn
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a) Be kept in a manner which provides an audit trail for all expenditures. a
b) Be kept in a common file to facilitate audits and inspections. Z
c) Clearly indicate total receipts and expenditures related to this Agreement. c
d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, 0
for a period of at least three(3)years after the final grant payment or loan repayment,or any dispute resolution hereunder. 4-
0
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the
records. E
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ECOLOGY reserves the right to audit,or have a designated third party audit,applicable records to ensure that the state has M
0.
been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. m
0
Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY
0
and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for a,
d
at least three(3)years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times,in Q
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order to monitor and evaluate performance,compliance, and any other conditions under this Agreement. L
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23. RECOVERY OF FUNDS Iq
00 The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance
of this Agreement and completion of the work described in the Scope of Work.
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s)or E
unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT.
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RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. Q
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within L
thirty(30)days of a written notice. Interest will accrue at the rate of twelve percent(12%) per year from the time ECOLOGY
demands repayment of funds.
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Any property acquired under this Agreement,at the option of ECOLOGY,may become ECOLOGY's property and the 0-
0
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. v
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24. SEVERABILITY E
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If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such $
invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision,and to �%
this end the provisions of this Agreement are declared to be severable.
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25. STATE ENVIRONMENTAL POLICY ACT(SEPA) a
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RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental +;
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Policy Act(Chapter 43.21C RCW and Chapter 197-11 WAC)have been or will be met. Any reimbursements are subject to 3:
this provision.
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26. SUSPENSION
When in the best interest of ECOLOGY,ECOLOGY may at any time,and without cause, suspend this Agreement or any Q
portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT.RECIPIENT shall resume
performance on the next business day following the suspension period unless another day is specified by ECOLOGY.
Template Version 12/10/2020
Packet Pg. 182
State of Washington Department of Ecology 4.L.a
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
27. SUSTAINABLE PRACTICES
In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is fully encouraged to implement V
sustainable practices and to purchase environmentally preferable products under this Agreement. w
a) Sustainable practices may include such activities as: use of clean energy,use of double-sided printing,hosting low impact a
meetings,and setting up recycling and composting programs. Z
b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and c
imaging equipment,independently certified green cleaning products,remanufactured toner cartridges,products with reduced 0
packaging, office products that are refillable,rechargeable,and recyclable, 100%post-consumer recycled paper, and toxic free
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products.
For more suggestions visit ECOLOGY's web page, Green Purchasing, E
https:Hecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. M
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28. TERMINATION '
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a) For Cause
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ECOLOGY may terminate for cause this Agreement with a seven(7)calendar days prior written notification to the Q.
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RECIPIENT,at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of Ou
any term or condition. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs Q
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incurred in accordance with the terms of this Agreement prior to the effective date of termination.
Failure to Commence Work.ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work
on the project funded within four(4)months after the effective date of this Agreement,or by any date mutually agreed upon in Iq
writing for commencement of work, or the time period defined within the Scope of Work.
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails,in the opinion of E
ECOLOGY,to perform any obligation required of it by this Agreement,ECOLOGY may refuse to pay any further funds,
terminate in whole or in part this Agreement,and exercise any other rights under this Agreement. Q
Despite the above,the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY L
and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
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determined. 0-
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b) For Convenience M
ECOLOGY may terminate for convenience this Agreement,in whole or in part, for any reason when it is the best interest of E
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ECOLOGY,with a thirty(30)calendar days prior written notification to the RECIPIENT, except as noted below. If this $
Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the Cn,
terms of this Agreement prior to the effective date of termination.
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Non-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding a
L
from state, federal or other sources is withdrawn,reduced, or limited in any way after the effective date and prior to the +;
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completion or expiration date of this Agreement,ECOLOGY,at its sole discretion,may elect to terminate the Agreement,in 3:
whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to
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suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may E
exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide
notice. Q
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no
Template Version 12/10/2020
Packet Pg. 183
State of Washington Department of Ecology 4.L.a
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the Agreement and any amendments. 31
If payments have been discontinued by ECOLOGY due to unavailable funds,the RECIPIENT shall not be obligated to repay
monies which had been paid to the RECIPIENT prior to such termination. V
RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of w
funds by the RECIPIENT's governing body. a
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c) By Mutual Agreement c
ECOLOGY and the RECIPIENT may terminate this Agreement,in whole or in part, at any time,by mutual written agreement. 0
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d) In Event of Termination
All finished or unfinished documents, data studies, surveys,drawings,maps,models,photographs,reports or other materials E
prepared by the RECIPIENT under this Agreement,at the option of ECOLOGY,will become property of ECOLOGY and the M
0.
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such m
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documents and other materials. '
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Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
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accordance with Recovery of Funds,identified herein. a
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29. THIRD PARTY BENEFICIARY Q
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RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement,the state of
Washington is named as an express third party beneficiary of such subcontracts with full rights as such.
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30. WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will m
not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized E
representative of ECOLOGY.
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End of General Terms and Conditions L
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Template Version 12/10/2020
Packet Pg. 184
4.M
PUBLIC WORKS DEPARTMENT
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
W A S H i N G T O N 253-856-5600
DATE: January 16, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: 2024 Sub-Regional Opportunity Fund - Earthworks Canyon
Sediment Pond Culvert Replacement — Authorize
MOTION: I move to authorize the Mayor to sign all documents necessary to
accept funds from the King County Flood Control District Sub-Regional
Opportunity Fund, subject to final terms and conditions acceptable to the
Public Works Director and City Attorney.
SUMMARY: The King County Flood Control District (District) collects an annual levy
from properties within King County. Through the District's Sub-Regional
Opportunity Fund, ten percent of the levy collected within each jurisdiction is
granted back to the jurisdiction to be used for stormwater or habitat projects to
reduce flood risks.
The District's annual reimbursement to Kent for 2024 is $213,858 and was
approved to fund the planning, preliminary design, and scoping of a drainage
culvert replacement project at the Earthworks Canyon Sediment Pond.
The project will include preliminary design and analysis to replace two undersized
culverts with a larger and more robust culvert for improved flood storage, drainage
conveyance, and fish passage. Replacement of these culverts is critical for
continued maintenance access to the sediment pond and for continued trail access
through Mill Creek Canyon and Earthworks Park.
BUDGET IMPACT: No unbudgeted 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.
ATTACHMENTS:
1. Earthworks Sediment Pond Culvert Replacement Application (PDF)
2. FCD 2023-10 Appendix G_2024AIlocations (PDF)
Packet Pg. 185
4.M.a
Melissa Dahl City of Kent,Public Works
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Earthworks Sediment Pond Culvert Replacement
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2024 Su,bregional Opportunity Fund Y
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City of Kent, Public Works W
Dana Ralph MDahl@Kentwa.gov
200 West Gowe Street 0: 253-856-5500 ;,
Kent,WA 98032 c
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Melissa Dahl 0
400 West Gowe Street MDahl@Kentwa.gov c
Kent,WA 98032 0: 253-856-6511
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4.M.a
Melissa Dahl City of Kent,Public Works
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Application Form
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Jurisdiction Information
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City/Town Name*
City of Kent 3
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Project Name* o
Name of Project. Q-
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Earthworks Sediment Pond Culvert Replacement 0
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New Project or Adding to Previous Project* W
Are you proposing a new project for which you have not received any Opportunity Fund dollars,or are you adding .6
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dollars to a previously approved project? N
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Project Information
Short Description of Proposed Project* 0-
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Planning and preliminary design effort for replacement of 2 existing side by side undersized and failing Q
culverts at Earthworks Park.
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Estimated Project Start Date* �.
01/01/2024
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Estimated Project End Date*
12/31/2026
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Type of Activity* E
Check all that apply. m
Feasibility Study Y
Project Design o
Other 3
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Proposed Project Location and Related Body of Water (if applicable)*
Proposed project takes place along Mill Creek as it transitions into the lower Mill Creek sub-basin in the E
Green River Valley.The project location is a dual culvert crossing in Earthworks Park.
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Packet Pg. 187
4.M.a
Melissa Dahl City of Kent,Public Works
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Flooding, stormwater, or watershed management problem that project or activity Y
will address.* LO
The existing culverts are two CMP culverts that convey Mill Creek.The culverts are beginning to fail.This
would impede fish access in the creek,limit public access to the Park and maintenance access to the nearby
sedimentation pond. w
How will proposed activity address problem outlined in previous question* r
Replacing undersized and dilapidated culverts is an expensive effort,however scoping and early design
support will allow for the City to pursue future funding opportunities for the full project. o
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Check one or more of following eligibility criteria that apply to the project:*
Flood control improvements consistent with existing flood control comprehensive plan.
Stormwater control improvements consistent with existing stormwater control comprehensive plan.
Salmon habitat protection that demonstrates a link to flooding or stormwater benefits.
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Name the management plan (e.g., stormwater plan) that supports N
implementation of the project.*
Note that the project does not need to be specifically names in the management plan, but the project must be M
consistent with the plan. .,
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City of Kent Drainage Master Plan (2008) O
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Scope Activities and Timeline
Use up to six tasks to provide the scope of work for your project. The task descriptions should briefly summarize
the activities planned. The timeline is intended to be your best guess for when the task will be completed. It is not
intended to be a contractual deadline.
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Task 1 Title
Project Management U
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Task 1 Description/Activities
This task will support the consultant selection process,subsequent contracting,and contract management.It E
will also include preparation of progress report writing and administrative work regarding management and
administration of the fund.
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Task 1 Outcome/Deliverables
Progress reports,invoicing,selection and management of consultants and contract preparation.Fund w
management and administration. :.;
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4.M.a
Melissa Dahl City of Kent, Public Works
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Task 1 Timeline - Estimated Month and Year Task Will Be Completed
12/31/2026
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Task 2 Title
Preliminary design and planning
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Task 2 Description/Activities LL
Preliminary design of culvert replacement with a fish passable bridge structure including cost estimates, r
geotechnical reporting,environmental reports,and other necessary documentation to support future project
designs. o
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Task 2 Outcome/Deliverables
Preparation of preliminary designs,preliminary construction cost estimate,geotechnical report, c
environmental reports (specified reports to be determined).
Task 2 Timeline - Estimated Month and Year Task Will Be Completed N
12/31/2026 N
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Melissa Dahl City of Kent, Public Works
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Task 3 Title °
Task 3 Description/Activities
Task 3 Outcome/Deliverables c
Task 3 Timeline - Estimated Month and Year Task Will Be Completed
Task 4 Title w
Task 4 Description/Activities
Task 4 Outcome/Deliverables
Task 4 Timeline - Estimated Month and Year Task Will Be Completed r
Task 5 Title
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Task 5 Description/Activities a
Task 5 Outcome/Deliverables O
Task 5 Timeline - Estimated Month and Year Task Will Be Completed c
Task 6 Title
Task 6 Description/Activities 3
Task 6 Outcome/Deliverables
Task 6 Timeline - Estimated Month and Year Task Will Be Completed N
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Budget Information
Total Amount of Request from SRO Funds*
This should match the total of the dollars shown in the budget table below. 2
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$213,858.00
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Project Budget
Enter the task number and name in column 1 e. Task 1: Project Management)and the dollar amount you are f°
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requesting for that task from the Opportunity Fund in column 2. Only use the rows you need for the tasks you are °'
planning. L
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Task Number and Title Amount Requested for Task U
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Task 1: Project Management $25,000.00 c
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Task 2: Preliminary Design and Planning $188,858.00
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4.M.a
Melissa Dahl City of Kent,Public Works
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Authorizing Entity
When submitted by the City/Town and adopted by the King County Flood Control District(District) Board of o
Supervisors,this Scope of Work is to be added to the Interlocal Agreement between the District and the applicable a
City/Town and incorporated therein and made a part thereof according to the terms and conditions of the 0
Interlocal Agreement.
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Authorizing Entity for City or Town*
Enter the name and title of the person authorizing this application. This must be someone at your organization
who is authorized to sign agreements.
Chad Bieren
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Authorizing Entity Email*
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Enter the email address for the authorizing entity.
CBieren@kentwa.gov o
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4.M.a
Melissa Dahl City of Kent,Public Works
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File Attachment Summary
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King County Flood Control District
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2024 Subregional Opportunity Fund Allocations °a
Attachment G
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11/9/2023 E
Opportunity
Project Name Project Description
Jurisdiction
Fund Allocation C
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Algona $10,000 DEFERRED
Auburn $102,288 DEFERRED O
Beaux Arts $10,000 DEFERRED C)
Bellevue $682,166 Factoria Boulevard Storm Conveyance Y
Improvements Amendment to add dollars to existing project that will improve stormwater conveyance along Factoriz Boulevard L
Black Diamond $14,344 DEFERRED O
3
1. Parr Creek 195th Fish Passage&Channel
Bothell $68,010 Restoration Conceptual Design 2. Parr Creek 1 Conceptual design of storms stem and natural area downstream to improve sediment transport and fish passage within Parr Creek,and reduce flooding of surrounding public roads and private O
Invasive Removal and Replanting p g y P P P 9 9 9 P P
business park. 2. Remove invasive reed canarygrass,old beaver dams,and replant stream banks to address ongoing sediment deposition and flooding of surrounding business park. LIJ
Burien $71,977 Boulevard Park Flood Reduction Project design and land acquisition for stormwater conveyance improvements to alleviate flooding affecting 2-6 properties within Burien. '
Purchase Vactor Truck and Conduct Stormwater
Carnation $10,000 M
Cleanout Purchase vector truck and use it to clean out catch basins and other stormwater infrastructure. O
Clyde Hill $33,117 Comprehensive Stormwater Plan Update Update the Comprehensive Stormwater Plan for Clyde Hill. LL
Covington $31,359 DEFERRED
Des Moines $42,737 DEFERRED E
Duvall $17,675 DEFERRED 3
Enumclaw $18,461 DEFERRED 0
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Federal Way $118,888 Redondo Creek Culvert Replacement Replace two existing 30"failing pipe culverts conveying Redondo Creek beneath a utility access road with a new box culvert meeting current fish passage design standards. a
Hunts Point $13,290 DEFERRED rL
Issaquah $123,591 DEFERRED O
Kenmore $57,229 DEFERRED
Kent $213,858 Earthworks Sediment Pond Culvert Replacement 2
Planning and preliminary design effort for replacement of 2 existing side by side undersized and failing culverts at Earthworks Park. Ilm
1. Flood Hazard Management Planning, 2. d
King County $557,259 White Center Ponds Redesign,3.CMAC Retrofit 1. Conduct technical analyses,risk assessments,stakeholder engagement,and develop a draft flood hazard management plan;may include work on the EIS;2.Construct a stormwater facility retrofit to w
in Bingaman Creek Watershed,4.Identifying improve a multi-benefit stormwater park in a historically underserved community; 3.Retrofit stormwater facility in Bear Creek Basin with continuous monitoring and active controls(CMAC);4. Identify J]
Potentially Restorable Wetlands locations where wetland restoration could be undertaken to increase flood storage and attenuation,improve water quality and improve habitat.
Kirkland $338,230 1.98th Ave NE&NE Juanita Drive Flooding 1.Assess the existing storm system capacity,flooding issues,and future storm system capacity for climate change through hydraulic modeling of the stormwater system in a subbasin of South Slope
Study; 2.100th Ave NE Water Quality Treatment Juanita Watershed; 2.Add water quality treatment near intersection of Simonds Rd and 100th Ave NE. O
Lake Forest Park $34,796 DEFERRED N
Maple Valley $48,757 Witte Road Driveway Culvert Replacement Removal and replacement of three deteriorating and undersized driveway culverts on South Fork Jenkins Creek that are causing upstream flooding,creating fish passage barriers,and causing unsafe
access to properties. Iq
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Medina $50,774 Medina Park Stormwater Pond Improvements Amendment adding budget to complete permitting,removing organic sediment,and installing outlet control device in upper pond.
1.Luther Burbank Waterefront Drainage LID fA
Mercer Island $157,951 Construction;2.Luther Burbank Waterfront r_
Drainage LID Design 1. Design an LID system for surface&subsurface water at the Luther Burbank waterfront in coordination with recreational improvements planned for the site. 2.Construct the project. 0
Milton $10,000 DEFERRED C
S-038 Stormwater Conveyance Rehabilitation V
Newcastle $41,780 Program Restore pipes with the worst structural rating scores.Pipes will be replaced using traditional trenching techniques,The City is planning to restore 500-1,500 linear feet of stormwater a in 2024.
9 PP 9 P P 9 9 q tY P 9 PP
Normand Park $16,712 DEFERRED
North Bend $20,158 DEFERRED N
Pacific $10,000 DEFERRED C
Redmond $251,488 Evans Creek Relocation Relocate Reach 2 of Evans Creek out of an industrial area and into adjacent floodplain wetlands. NI
Renton $194,950 Burnett Ave S.&Williams Ave S.Water Quality Replace existing storm systems and add water quality retrofits to alleviate known capacity and flooding issues and treat runoff along Burnett Ave S and Williams Ave S between S 2nd St and the Cedar V'Retrofit River. X_
Sammamish $248,600 DEFERRED 'a3
SeaTac $38,678 DEFERRED
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Seattle $2,095,634 Tolt Spillway Improvements Develop options and select a preferred option to address structural and capacity concerns related to the South Fork Tolt River Dam Spillway. O_
Shoreline $112,678 Pump Station 30 Improvements Design replacement of an aging pump station in need of significant improvements to avoid failure. Q
Sk komish $10,000 DEFERRED Q
Sno ualmie $36,250 DEFERRED
Tukwila $56,598 S.131st Place Drainage Improvements This will add additional funds to an existing project to design drainage improvements to S.131st Place to keep Southgate Creek within its banks during storm events. A
Woodinville $44,207 DEFERRED N
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Yarrow Point $15,933 DEFERRED N
Jurisdiction Totals $6,030,423 a
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Deferrals 926,308 LL
Projects 5,104,115
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PUBLIC WORKS DEPARTMENT
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5600
DATE: January 16, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Termination of Easements and Acceptance of New Water
Utility Easements — Authorize
MOTION: I move to authorize the Mayor to sign all documents necessary to
terminate existing easements and to accept new water utility easements in
exchange, subject to final terms and conditions acceptable to the Public
Works Director and City Attorney.
SUMMARY: The City has an access easement on private property located in
Covington on King County Tax Parcels 362205-9002 and 362205-9104 ("Property").
The access easement was granted in 1946 under King County Recorder's No.
3639447, then clarified in 1964 by King County Recorder's No. 5499243
(collectively "Access Easement"). The Property is located on S.E. Wax Road and is
adjacent to the City's Armstrong Springs property. A fence and gate easement was
later granted to the City in 1993 over the same parcels under King County
Recorder's No. 9207121585 ("Fence and Gate Easement").
City staff only uses a small portion of the Access Easement to access stream
monitoring equipment in Jenkins Creek from the adjacent City-owned property
(parcel 362205-9152) and no longer needs the Fence and Gate Easement.
The owner of the Property has requested that the City terminate the Access
Easement and the Fence and Gate Easement so they can develop a portion of the
Property.
The City has agreed to terminate the old easements, in exchange for the Property
owner granting the City a new smaller Access and Utility Easement allowing staff to
continue to access and upgrade water monitoring equipment from the adjacent
City-owned property.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Packet Pg. 194
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ATTACHMENTS:
1. SIGNED Nihaal Enterprises Easement Docs to the City of Kent (PDF)
2. Termination of Easements (PDF)
Packet Pg. 195
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WHEN RECORDED RETURN TO:
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City Clerk a°,
City of Kent
220 Fourth Avenue South Q.
Kent, Washington 98032
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Grantor: Nihaal Enterprises LLC
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Grantee: City of Kent
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Abbreviated Legal Description: Ptn. NW 1/4 NE 1/4 Sec. 36, Twp 22N, Rg 5E c
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Additional Legal Description on: Exhibit "A"
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Assessor's Tax Parcel ID No. 362205-9002, 362205-9104 STR: 36-22-05
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ACCESS AND UTILITIES EASEMENT .�
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Nihaal Enterprises LLC, a Washington limited liability company ("Grantor"), for c
and in consideration of Ten Dollars and No/100 ($10.00) and/or other valuable
consideration, receipt of which is hereby acknowledged, grants to City of Kent, a 0
Washington municipal corporation ("Grantee" or "City"), its successors and/or (D
assigns, a perpetual easement to access staff gauge monitoring equipment with S
necessary appurtenances and other related utilities, including use of incidental areas U)
immediately adjacent over, through, under, across and upon the property situated in o
King County, Washington, specifically described in Exhibit "A" and graphically a
depicted in Exhibit "B" (the "Easement Area"). Grantor agrees that this easement
touches and concerns the land described in Exhibit A, and that this easement shall y
run with the land. w
City shall have the right at times as may be necessary, without prior institution y
of suit or proceeding at law, to enter the Easement Area and immediate adjacent a
areas with the necessary equipment for the purposes of altering, installation,
operation, maintenance, extending, constructing, repair and reconstructing of the w
staff gauge monitoring equipment and other related utilities, without incurring any
legal obligation or liability; provided however that the private improvements existing z
within this Easement Area, including immediately adjacent incidental areas, shall not o
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be disturbed, destroyed or disrupted in any form or fashion, or in the event they are z
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disturbed or destroyed, they will be restored to substantially the same condition as
they were immediately before the properties were entered upon by the City.
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Grantor shall retain the right to use the surface of the Easement Area, 0
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including the incidental areas, so long as Grantor's use does not interfere with the c
uses described herein. Under no circumstances shall any permanent structures be Q
placed or erected in the Easement Area. W
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Grantor shall not change the surface grades, except as approved in advance by
the City, in any manner that would unreasonably interfere with ingress, egress and
access by the City or adversely affect the existing utility and/or the utility to be
installed therein. E
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City shall at all times exercise its rights under this easement in accordance with w
the requirements of all applicable statutes, orders, rules and regulations of any public c
authority having jurisdiction. City accepts the Easement Area in its present physical o
condition, AS IS. City does hereby release, indemnify, and promise to defend and
save harmless Grantor from and against any and all liability, loss, damage, expense,
actions and claims, including costs and reasonable attorney's fees incurred by Grantor E
in connection therewith, arising directly or indirectly on account of or out of the
negligent exercise by City, its servants, agents, employees and contractors of the o
rights granted in this easement. °;
This easement shall be a covenant running with the land forever and shall be Y
binding on Grantor's successors, heirs, and assigns.
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GRANTOR: v
Nihaal Enterprises LLC W
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By: 0
Name:
Title: PRE51--bfn7-,
Date: /2122. 20 2.3 E
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(Notary Acknowledgment on Following Page) w
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STATE OF WASHINGTON )
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COUNTY OF KING ) Z
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I certify that I know or have satisfactory evidence that 14A?,Bt 41m #is the c
person who appeared before me, and said person acknowledged that they signed this Q.
instrument, on oath stated that they are authorized to execute the instrument and
acknowledged it as the PRES13)EN'r of Nihaal Enterprises LLC, a Washington limited Q
liability company, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated:— )2. Q)
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-Notary Seal Must Appear Within This Box- lL
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day r-
and year first above written.
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NOTARY PUBLIC, in and for the State
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ACCEPTED:
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CITY OF KENT
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By: Dana Ralph
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Utility Easement Page 3 of 3
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EXHIBIT A
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20'WIDE INGRESS, EGRESS& UTILITIES EASEMENT Z
LEGAL DESCRIPTION
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THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, a
TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., BEING A 20-FOOT-WIDE STRIP OF LAND HAVING 10 FEET
ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE.: Q
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COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER;
THENCE SOUTH 00°18'48" EAST 1025.01 FEET ALONG THE EAST LINE THEREOF TO THE POINT OF (D
BEGINNING; N
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THENCE NORTH 40°39'03" WEST 35.65 FEET TO A POINT ON A CURVE TO THE RIGHT HAVING A RADIUS --
OF 4753.04 FEET; o
THENCE CONTINUING ALONG SAID CURVE AN ARC DISTANCE OF 111.51 FEET THROUGH A CENTRAL
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ANGLE OF 01°20'39"TO THE TERMINUS OF SAID EASEMENT CENTERLINE; E
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SITUATE IN THE CITY OF COVINGTON, COUNTY OF KING AND STATE OF WASHINGTON.
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(THE SIDE LINES OF SAID EASEMENT ARE INTENDED TO EXTEND TO AND TERMINATE AT THE EAST LINE
OF SAID SUBDIVISION).
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NE CORNER OF
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WHEN RECORDED RETURN TO:
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City of Kent 0
220 Fourth Avenue South a
Kent, Washington 98032
Attn: City Clerk
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Reference Number of Related Documents: 3639447, 5499243 and 9307121585
Grantor(s): City of Kent
Grantee(s): The Public
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Abbreviated Legal Description: Ptn. NW 1/4 NE 1/4 Sec. 36, Twp 22N, Rg 5E, W.M. z
Additional Legal Description on: Exhibit A a)
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Assessor's Tax Parcel Nos.: 362205-9002, 362205-9104 STR: 36-22-05
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TERMINATION OF EASEMENTS a
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In consideration of mutual benefits derived, the City of Kent, a municipal
corporation, hereby terminates the easements recorded under King County Auditor's
File #3639447, 5499243 and 9307121585, and hereby releases and relinquishes all 0
rights under the easements. w
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Dated: , 2024. o
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CITY OF KENT: E
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By: Dana Ralph
Title: Mayor c
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Notary acknowledgment on following page w
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Termination of Easements - Page 1 Q
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STATE OF WASHINGTON )
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COUNTY OF KING )
I certify that I know or have satisfactory evidence that Dana Ralph is the person a
who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of y
such party for the uses and purposes mentioned in the instrument. w
Dated:
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-Notary Seal Must Appear Within This Box- a3i
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IN WITNESS WHEREOF, I have hereunto set my hand and official seal the 0
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day and year first above written. c
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NOTARY PUBLIC, in and for the State
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Termination of Easements - Page 2 Q
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PUBLIC WORKS DEPARTMENT
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5600
DATE: January 16, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Puget Sound Regional Council's Transportation Alternatives
Grant for the Meet Me on Meeker - Washington to Thompson
- Authorize
MOTION: I move to authorize the Mayor to accept grant funds from the
Puget Sound Regional Council in the amount of $2,500,000 for the Meet Me
on Meeker - Washington to Thompson Project, amend the budget,
authorize expenditure of the funds and authorize the Mayor to sign the
grant agreement, subject to final terms and conditions acceptable to the
City Attorney and Public Works Director.
SUMMARY: The Puget Sound Regional Council (PSRC) selects projects for funding
via a merit-based project selection process every two years.
In June 2023, the City applied to PSRC for design and construction funds for
improvements on Meeker Street between Washington Avenue and Thompson
Avenue and was recently awarded a $2,500,000 grant. The project will add a two-
way bike facility on West Meeker Street and enhanced pedestrian crossing facilities
to be built to the Meet Me on Meeker street design standards. These improvements
will support the link between neighborhoods to the west and downtown Kent and
will support transportation users of all modes with pedestrian crossing facilities,
lighting, and separated bicycle facilities.
The project is estimated to cost $3,800,000. Staff proposes the required matching
funds be paid from the Streets and Transportation Impact Fee funds.
BUDGET IMPACT: The grant adds $2,500,000 to the budget and the local match
will come from the Streets and Transportation Impact Fee funds.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Packet Pg. 203
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Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. 2023_TAP_Award_Ltr_Kent (PDF)
Packet Pg. 204
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Puget Sound Regional Council
1011 WESTERN AVENUE, SUITE 500 \\\SEATTLE, WA 98104.1035%psrc.org\11206.464.7090
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November 2, 2023 a
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The Honorable Dana Ralph
City of Kent y
220 Fourth Avenue S c
Kent, WA 98032
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Dear May Ralph: o
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Congratulations! The Puget Sound Regional Council has selected the following project to receive
Transportation Alternatives program funding. °
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PROJECT AWARD AMOUNT FUNDING DEADLINE
Meet Me on Meeker: Washington to Construction o
Thompson June 1, 2026 cn
$2,500,000 2,
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Yours was one of 20 projects that were approved by PSRC's Executive Board in October 2023 to receive a a
total of$23.6 million in federal funding. There is strong demand for resources to build bicycle, pedestrian, and
other community-based transportation improvements in the region, and your project performed well in PSRC's c
merit-based selection process.
Securing federal transportation funding for communities in the region is one of the most important Q
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responsibilities of the Puget Sound Regional Council. Through our merit-based project selection process, L
PSRC ensures that federal transportation funds are put to work on priority projects that meet local needs and c�
help achieve the region's long-term goals for transportation, economic development, and growth planning.
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We appreciate your leadership and great work by your staff to help this project succeed. Together we're
building a better system that provides transportation choices and enhances communities. I look forward to
continuing to partner with you on efforts to help the region thrive for the long term. Yi
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Sincerely, � �i
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Josh Brown ~�
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Executive Director, Puget Sound Regional Council o
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CC: Chad Bieren, Public Works Director E
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