HomeMy WebLinkAboutCOW 2023-12-11 COMPLETE AGENDA PACKETMonday,
PHONE
Tukwila City Council Agenda
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❖ COMMITTEE THE WHOLE
Allan Ekberg, Mayor Counci/members: ❖ Kathy Hougardy ❖ De'Sean Quinn
David Cline, City Administrator ❖ Kate Kruller ❖ Thomas McLeod
Cynthia Delostrinos Johnson, Council President ❖ Mohamed Abdi ❖ Tosh Sharp
THE MEETING
ON -SITE PRESENCE
THE
December
VIRTUALLY.
IS:
Reception for outgoing Elected Officials
6:15 to 7:00 PM — City Hall Lobby
WILL BE
NUMBER
For Technical
11, 2023;
CONDUCTED BOTH ON -SITE AT TUKWILA CITY HALL AND ALSO
WILL BE IN THE COUNCIL CHAMBERS (6200 SOUTHCENTER BOULEVARD).
FOR THE PUBLIC TO PARTICIPATE IN THE MEETING
1-253-292-9750, ACCESS CODE: 670077847#.
Click here to: Join Microsoft Teams Meeting
Support during the meeting call: 1-206-433-7155.
7:00 PM
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE
2. LAND
ACKNOWLEDGEMENT
The City of Tukwila is located on the ancestral lands of the Coast Salish people.
We acknowledge their continuing connections to land, waters and culture.
We pay our respects to their eiders past, present and emerging.
3. PUBLIC COMMENTS—
including comment
on items both on and
not on the meeting
agenda
Those wishing to provide public comments may verbally address the City Council
both on -site at Tukwila City Hall or via phone or Microsoft Teams for up to
5 minutes for items both on and not on the meeting agenda.
To provide comment via phone or Microsoft Teams, please email with your name
and topic by 5:00 P.M. on the meeting date. Please clearly indicate that your
message is for public comment during the meeting, and you will receive further
instructions.
4. SPECIAL ISSUES
a. Resolutions of Service Appreciation:
(1) Councilmember Delostrinos Johnson
(2) Councilmember Kruller
(3) Councilmember Hougardy
(4) Mayor Ekberg
b. Contracts issued under the emergency proclamation.
c. An ordinance regarding temporary homeless encampments.
Pg.1
Pg.3
Pg.5
Pg.7
Pg.9
Pg.11
pg.29
5. REPORTS
a. Mayor
b. City Council
c. Staff
6. MISCELLANEOUS
(continued...)
COMMITTEE OF THE WHOLE MEETING
December 11, 2023
Page 2
7. EXECUTIVE SESSION
8. ADJOURN TO SPECIAL MEETING
❖ SPECIAL MEETING ❖
• Ord #2728 • Res #2085
1. CALL TO ORDER / ROLL CALL
2. CONSENT AGENDA
a. Approval of Minutes: 11/27/23 (Special)
b. Approval of Vouchers
c. Resolutions of Service Appreciation:
(1) A resolution expressing sincere gratitude to Cynthia Delostrinos
Johnson for her service as a Councilmember.
(2) A resolution expressing sincere gratitude to Kate Kruller for her
service as a Councilmember.
(3) A resolution expressing sincere gratitude to Kathy Hougardy for
her service as a Councilmember.
(4) A resolution expressing sincere gratitude to Allan Ekberg for his
service as Mayor.
d. Award a bid and authorize the Mayor to sign a contract with
Active Construction Inc., for the Green River Trail Connector
Project, in the amount of $1,020,020.00 (plus contingency).
[Reviewed and forwarded to Consent by the Transportation &
Infrastructure Committee on 12/4/23.]
e. Authorize the Mayor to accept a grant from the Department of
Ecology for the Ramp Litter Cleanup Program, in the amount of
$60,000.00.
[Reviewed and forwarded to Consent by the Transportation &
Infrastructure Committee on 12/4/23.]
f. Authorize the Mayor to accept a grant from the Washington
State Department of Commerce for the Growth Management Act
Periodic Update (Fiscal Year 2024), in the amount of $62,500.00.
[Reviewed and forwarded to Consent by the Planning and Community
Development Committee on 12/4/23.]
(continued...)
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Pg.3
Pg.5
Pg.7
Pg.9
Pg.61
Pg.73
Pg.101
SPECIAL MEETING
December 11, 2023
Page 3
2. CONSENT AGENDA
(cont.)
g. Authorize the Mayor to accept the State and Local Cybersecurity
Grant from the Washington Military Department and U.S
Department of Homeland Security for network security
infrastructure and training, in the amount of $81,695.00.
[Reviewed and forwarded to Consent by the Transportation &
Infrastructure Committee on 12/4/23.]
h. Authorize the Mayor to sign Supplemental Agreement #4 to
contract #19-095 with TranTech Engineering for the West Valley
Highway (I-405 to Strander Boulevard) project, in the amount of
$59,520.00.
[Reviewed and forwarded to Consent by the Transportation &
Infrastructure Committee on 12/4/23.]
i. Riverton Park United Methodist Church (RPUMC) Emergency:
(1) Ratify contract #23-271 with Brad Hardwood for crisis
communications support, strategic communication counsel,
reputation management, media management, and
internal/external communication services through December
31, 2024, in an amount not to exceed $60,000.00.
(2) Ratify Amendment No. 1 to contract #23-166 with
Innovative Impact Strategies, LLC to amend the contract
amount from $39,000.00 to $100,000.00 for homeless
consulting services through December 31, 2024.
Pg.121
Pg.167
Pg.11
3. NEW BUSINESS
An ordinance adopting new interim zoning regulations regarding
temporary encampments pursuant to RCW 35A.21.360; Establishing
Tukwila Municipal Code (TMC) Chapter 18.48, "Temporary Homeless
Encampments"; Amending various ordinances as codified at TMC
Section 18.104.010, "Classification of Project Permit Applications";
Amending Ordinance no. 2718 §7 as codified at Table 18-6, "Land
Uses Allowed by District"; Adopting preliminary supportive findings;
Providing for severability; Scheduling a post -adoption public hearing;
Declaring a public emergency and establishing an immediate
effective date.
Pg.29
4. ADJOURNMENT
This agenda is available at
Remote Tukwila Council meetings
www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities.
are audio taped (and video taped as of 9/14/20). Available at www.tukwilawa.gov)
WELCOME TO THE TUKWILA CITY COUNCIL MEETING
The Tukwila City Council encourages community participation in the local government process and
welcomes attendance and public comment at its meetings.
MEETING SCHEDULE
Regular Meetings are held at 7:00 p.m. on the 1st and 3rd Mondays of each month. The City Council takes
formal action in the form of motions, resolutions and ordinances at Regular Meetings.
Committee of the Whole Meetings are held at 7:00 p.m. on the 2nd and 4th Mondays of each month. The
City Council considers current issues, discusses policy matters in detail, and coordinates the work of
the Council at Committee of the Whole meetings.
PUBLIC COMMENTS
Members of the public are given the opportunity to address the Council for up to 5 minutes on items both on
and not on the meeting agenda during Public Comments. The City Council will also accept comments on an
agenda item when the item is presented in the agenda, but speakers are limited to commenting once per
item each meeting.
When recognized by the Presiding Officer, please go to the podium if on -site or turn on your microphone if
attending virtually and state your name clearly for the record. The City Council appreciates hearing from you
but may not respond or answer questions during the meeting. Members of the City Council or City staff may
follow up with you following the meeting.
PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action on matters affecting the public
interest such as land -use laws, annexations, rezone requests, public safety issues, etc. The City Council
Rules of Procedure provide the following guidelines for Public Hearings:
1. City staff will provide a report summarizing and providing context to the issue at hand.
2. City staff shall speak first and be allowed 15 minutes to make a presentation.
3. The applicant is then allowed 15 minutes to make a presentation.
4. Each side is then allowed 5 minutes for rebuttal.
5. After City staff and the applicant have used their speaking time, the Council may ask further
clarifying questions of the speakers.
6. Members of the public who wish to address the Council on the hearing topic may speak for 5
minutes each.
7. Speakers are asked to sign in on forms provided by the City Clerk.
8. The Council may ask clarifying questions of speakers and the speakers may respond.
9. Speakers should address their comments to the City Council.
10. If a large number of people wish to speak to the issue, the Council may limit the total amount of
comment time dedicated to the Public Hearing.
11. Once the Presiding Officer closes the public hearing, no further comments will be accepted, and the
issue is open for Councilmember discussion.
12. Any hearing being held or ordered to be held by the City Council may be continued in the manner as
set forth by RCW 42.30.100.
For more information about the City Council, including its complete Rules of
Procedure, please visit: https://www.tukwilawa.gov/departments/city-council/
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
12/11/23
LH
ITEM INFORMATION
ITEM NO.
4.A. &
Spec 2.C.
STAFF SPONSOR: LAUREL HUMPHREY
ORIGINAL AGENDA DATE: 12/11/23
AGENDA ITEM TITLE Resolutions of Service Appreciation for Outgoing Elected Officials
CATEGORY ® Discussion
Mtg Date 12/11/23
❑ Motion
Mtg Date
® Resolution
Mtg Date 12/11/23
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ® Council ❑ Mayor ❑ Admin Svcs ❑ DCD
Finance ❑ Fire ❑ P&R ❑ Police ❑ PW
SPONSOR'S
SUMMARY
It is customary for the City Council and Mayor to co-sign resolutions expressing
appreciation for the service of outgoing elected officials. The City Council is asked to adopt
resolutions for Councilmembers Delostrinos Johnson, Kruller, Hougardy, and Mayor
Ekberg.
REVIEWED BY
❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
❑ LTAC
DATE:
❑ Arts Comm.
❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
AMOUNT BUDGETED
APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
12/11/23
MTG. DATE
ATTACHMENTS
12/11/23
Draft resolutions
1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, EXPRESSING SINCERE
GRATITUDE TO CYNTHIA DELOSTRINOS JOHNSON
FOR HER SERVICE AS A COUNCILMEMBER.
WHEREAS, Cynthia Delostrinos Johnson was elected to the City Council in 2019, making
history as the first woman of color and first Asian/Pacific Islander to serve on the Council; and
WHEREAS, when Cynthia joined the City Council she hit the ground running, serving on
numerous City Council Committees, representing the city on regional boards, and leading as 2023
City Council President; and
WHEREAS, Cynthia is known for her fierce advocacy for all people of the community, for
providing a compassionate voice for the vulnerable, and her commitment to equity and justice; and
WHEREAS, Cynthia will be greatly missed for her demonstration of positive collaboration and
her distinguished intellect, grace and kindness;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
On behalf of the entire Tukwila community, the Mayor and Councilmembers express their
sincere thanks to Cynthia Delostrinos Johnson for her four years of dedicated service as a City of
Tukwila Councilmember.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special
Meeting thereof this day of , 2023.
Allan Ekberg, Mayor Kathy Hougardy
ATTEST/AUTHENTICATED: De'Sean Quinn
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Kate Kruller
Thomas McLeod
Mohamed Abdi
Tosh Sharp
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
3
4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, EXPRESSING SINCERE GRATITUDE
TO KATE KRULLER FOR HER SERVICE AS A COUNCILMEMBER.
WHEREAS, Kate Kruller was first elected to the City Council in 2011 and went on to serve three
consecutive terms totaling 12 years; and
WHEREAS, Kate has participated on and chaired numerous City Council committees and served as
Council President in 2015 and 2021; and
WHEREAS, Kate has been a strong advocate for Tukwila in local, regional and national
organizations, including longstanding associations with Sound Cities Association, Association of
Washington Cities, and National League of Cities, recently serving as Chair of the Transportation and
Infrastructure Services Federal Advocacy Committee and on the Board of Directors; and
WHEREAS, Kate is known for her empathetic devotion to the city and its residents, both human and
canine, and her avid fandom of local sports teams; and
WHEREAS, Kate will be greatly missed for her spirited leadership and creative problem -solving;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY
RESOLVES AS FOLLOWS:
On behalf of the entire Tukwila community, the Mayor and Councilmembers express their sincere
thanks to Kate Kruller for her 12 years of dedicated service as a City of Tukwila Councilmember.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special
Meeting thereof this day of , 2023.
Allan Ekberg, Mayor Cynthia Delostrinos Johnson, Council President
ATTEST/AUTHENTICATED: Kathy Hougardy
Christy O'Flaherty, MMC, City Clerk
De'Sean Quinn
APPROVED AS TO FORM BY: Thomas McLeod
Office of the City Attorney
Mohamed Abdi
Filed with the City Clerk: Tosh Sharp
Passed by the City Council:
Resolution Number:
5
6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, EXPRESSING SINCERE GRATITUDE TO
KATHY HOUGARDY FOR HER SERVICE AS A COUNCILMEMBER.
WHEREAS, Kathy Hougardy is retiring from service on the City Council after serving four terms
totaling 16 years; and
WHEREAS, Kathy has participated on and chaired numerous City Council committees, served as
Council President in 2013 and 2019, and has dedicated countless hours of service to the community; and
WHEREAS, Kathy has been a powerful voice in the region, serving on numerous boards and
committees to further collaborative problem -solving on issues such as transportation and economic
development; and
WHEREAS, Kathy is also known for her extremely thorough preparation for meetings, diligence in
considering all sides of an issue, and commitment to equity as evidenced by her nine years of service on
the City's Equity and Social Justice Commission; and
WHEREAS, Kathy will be greatly missed for her thoughtful leadership, commitment to relationship
building, and mastery of the "art of compromise,";
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY
RESOLVES AS FOLLOWS:
On behalf of the entire Tukwila community, the Mayor and Councilmembers express their sincere
thanks to Kathy Hougardy for her 16 years of dedicated service as a City of Tukwila Councilmember.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special
Meeting thereof this day of , 2023.
Allan Ekberg, Mayor Cynthia Delostrinos Johnson, Council President
ATTEST/AUTHENTICATED:
De'Sean Quinn
Christy O'Flaherty, MMC, City Clerk Kate Kruller
APPROVED AS TO FORM BY: Thomas McLeod
Office of the City Attorney Mohamed Abdi
Filed with the City Clerk:
Passed by the City Council: Tosh Sharp
Resolution Number:
7
8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, EXPRESSING SINCERE GRATITUDE
TO ALLAN EKBERG FOR HIS SERVICE AS MAYOR.
WHEREAS, Allan Ekberg is retiring from the office of Mayor after serving two terms; and
WHEREAS, Allan has dedicated countless hours of service to the community, having also
served as a Councilmember for 14 years and a Planning Commissioner for six years; and
WHEREAS, Allan has been a powerful voice and advocate for disadvantaged youth through
high school internship programs and pursuing free Internet access for students; and
WHEREAS, Allan is known for moving the City forward through more effective use of
technology, which helped transition the City to the cloud for services and prepared the City well to
continuously serve the community remotely during the COVID pandemic; and
WHEREAS, Allan is known for his support for safe and efficient building and operations, such as
the Public Safety Bond that passed with a supermajority in November 2016 and the Fire Annexation
vote that passed with a clear majority in August 2023;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
On behalf of the entire Tukwila community, the City Councilmembers express their sincere
thanks to Allan Ekberg for his 8 years of dedicated service as Mayor of Tukwila.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special
Meeting thereof this day of , 2023.
Cynthia Delostrinos Johnson, Council President Kathy Hougardy
ATTEST/AUTHENTICATED:
De'Sean Quinn
Christy O'Flaherty, MMC, City Clerk Kate Kruller
APPROVED AS TO FORM BY:
Thomas McLeod
Office of the City Attorney Mohamed Abdi
Filed with the City Clerk:
Passed by the City Council: Tosh Sharp
Resolution Number:
9
10
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
12/11/23
CT
ITEM INFORMATION
ITEM NO.
4.B. &
Spec 2.1.
STAFF SPONSOR: DAVID CLINE
ORIGINAL AGENDA DATE: 12/11/23
AGENDA ITEM TITLE Ratification of contract 23-166 Amendment #1 with Innovative Impact Strategies
LLC and contract 23-171 with Brad Harwood
CATEGORY ❑ Discussion
Mtg Date
® Motion
Mtg Date 12/11
❑ Resolution
Mtg Date
❑ Ordinance
bltg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council ® Mayor ❑ Admin Svcs ❑ DCD
Finance ❑ Fire ❑ P&R ❑ Police ❑ PW
SPONSOR'S
SUMMARY
Ratification of Amendment #1 to Contract 23-166 with Innovative Impact Strategies LLC
amending contract amount from $39,999 to $100,000 for homeless service consulting
services through December 31, 2024; and Ratification of contract 23-171 with Brad
Harwood for crisis communications support, strategic communication counsel, reputation
management, media management and internal/external communications services through
December 31, 2024 not to exceed $60,000.
REVIEWED BY
❑ Trans&Infrastructure Svcs ® Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm.
DATE: COMMITTEE CHAIR:
❑ Planning Comm.
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
$
AMOUNT BUDGETED
$
APPROPRIATION REQUIRED
$
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
12/11/23
MTG. DATE
ATTACHMENTS
12/11/23
Informational Memorandum dated 12/5/23
23-166 Amendment #1 and Contract with Innovative Impact Strategies LLC
23-171 Contract with Brad Harwood
11
12
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: City Council
CC: Mayor Ekberg
FROM: David Cline, City Administrator
DATE: December 5, 2023
SUBJECT: Ratification of Contracts 23-166 with Innovative Impact Strategies, LLC Addendum 1
and 23-171 with Brad Harwood
ISSUE
Under the Emergency Proclamation issued by Mayor Ekberg on October 6, 2023 and ratified by the
City Council on October 16, 2023, Mayor Ekberg executed two contracts for services. The first contract
was executed with Innovative Impact Strategies, LLC for homeless service consulting services through
December 31, 2024. The original contract was for $39,999. Addendum #1 was executed on November
13, 2023 increasing the contract amount to $100,000. The second contract was executed with Brad
Harwood for crisis communications support, strategic communication counsel, reputation
management, media management and internal/external communications services through December
31, 2024 not to exceed $60,000.
BACKGROUND
The Innovative Impact Strategies contract is providing technical expertise on -site at Riverton Park
United Methodist Church such as site assessment and onsite snapshot, site layout recommendations,
community and partner support and engagement, and ongoing subject matter expertise. The Brad
Harwood contract is for a crisis and communications strategy that includes communications support
media management and internal/external communications services.
RECOMMENDATION
Council is being asked to ratify the contracts as part of the December 11, 2023 Special Meeting
Consent Agenda.
ATTACHMENTS
23-166 Innovative Impact Strategies, LLC Addendum 1 and Contract
23-171 Brad Harwood Contract
13
14
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 23-166(a)
Approved per Emergency
Proclamation 10/06/23
CONTRACT FOR SERVICES
Amendment #1
Between the City of Tukwila and Innovative Impact Strategies, LLC.
That portion of Contract No. 23-166 between the City of Tukwila and Innovative Impact Strategies,
LLC. is hereby amended as follows:
Section 4:
The not to exceed amount referenced in Subsection A is hereby increased to $100,000.
All other provisions of the contract shall remain in full force and effect.
Dated this 13th day of November, 2023.
CITY OF TUKWILA
DocuSigned by:
1 F89FE09132B402...
Allan Ekberg, Mayor 11/15/2023 I 4:03 PM PST
ATTEST/AUTHENTICATED:
Looc__uSigned by:
austy 61-1 FIALtAl
88678483CB594E7...
Christy O'Flaherty, City Clerk
APPROVED AS TO FORM:
EDocuSigned by:
6AL .Ste.
5E499CA4165E452...
Office of the City Attorney
CONTRACTOR:
By:
DocuSigned by;
(kW VL bitY1.S /2023 I 2 : 52 PM PST
TAFACbU40A...
Printed Name:co1;n DeForrest
Title: Owner
CA Reviewed May 2020
Page 1 of 1
15
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 23-166
Council Approval N/A
PROFESSIONAL SERVICES AGREEMENT
(Includes consultants, architects, engineers, accountants, and other professional services)
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and Innovative Impact Strategies, LLC, hereinafter referred to as "the
Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform Homeless Services
Consulting services in connection with the project titled Asylee Humanitarian Event
Consulting Services.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending 12/31/2024 unless sooner
terminated under the provisions hereinafter specified. Work under this Agreement shall
commence upon written notice by the City to the Consultant to proceed. The Consultant shall
perform all services and provide all work product required pursuant to this Agreement no later
than 12/31/2024 unless an extension of such time is granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $39,999.00 without express written modification of the Agreement signed by the
City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
16
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances
and regulations, applicable to the services rendered under this Agreement.
7 Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in performance of this Agreement, except for injuries and damages
caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the Consultant's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of
this section shall survive the expiration or termination of this Agreement.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage provided
by such insurance, or otherwise limit the City's recourse to any remedy available at law or in
equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury
and property damage of $1,000,000 per accident. Automobile Liability insurance
shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be
written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less than $2,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall
cover liability arising from premises, operations, stop -gap independent contractors
and personal injury and advertising injury. The City shall be named as an
additional insured under the Consultant's Commercial General Liability insurance
policy with respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO endorsement form CG 20 26.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
CA revised May 2020
Page 2
17
4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000
policy aggregate limit. Professional Liability insurance shall be appropriate to the
Consultant's profession.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher
insurance limits than the minimums shown above, the Public Entity shall be insured for the
full available limits of Commercial General and Excess or Umbrella liability maintained by
the Contractor, irrespective of whether such limits maintained by the Contractor are greater
than those required by this Contract or whether any certificate of insurance furnished to
the Public Entity evidences limits of liability lower than those maintained by the Contractor.
C. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they shall
be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance
pool coverage maintained by the City shall be excess of the Consultant's insurance and
shall not be contributed or combined with it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
E. Verification of Coverage. Consultant shall furnish the City with original certificates and a
copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Contractor
before commencement of the work. Upon request by the City, the Consultant shall furnish
certified copies of all required insurance policies, including endorsements, required in this
Agreement and evidence of all subcontractors' coverage.
F. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days notice to the Consultant to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset against funds due
the Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither the Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the services
provided under this Agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to the
Consultant, or any employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to deduct
from the contract price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
CA revised May 2020
18
Page 3
11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin,
age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation,
the presence of any disability, or any other protected class status under state or federal law,
in the selection and retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days
written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement between
surviving members of the Consultant and the City, if the City so chooses.
15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically understand and agree
that venue shall be properly laid in King County, Washington. The prevailing party in any such
action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising
from or related to this Agreement shall be exclusively in King County Superior Court.
16. Severability and Survival. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any other
provisions hereof and all other provisions shall remain fully enforceable. The provisions of this
Agreement, which by their sense and context are reasonably intended to survive the
completion, expiration or cancellation of this Agreement, shall survive termination of this
Agreement.
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Colin DeForrest — Innovative Impact Strategies, LLC
7816 119th Street Court East
Puyallup, WA 98373
CA revised May 2020
Page 4
19
18. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
DATED this 30th day of October, 2023.
CITY OF TUKWILA
ra
DocuSigned by:
ce. t l
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Allan Ekberg, Mayor 10/30/2023 I 4:54 PM PDT
ATTEST/AUTHENTICATED:
DocuSigned by:
L
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88678483CB594E7...
Christy O'Flaherty, City Clerk
APPROVED AS TO FORM:
DocuSigned by:
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Office of the City Attorney
CONSULTANT:
By:
DocuSigned by:
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4,vrH,,Esu40A...
Printed Name:co1;n DeForrest
Title:
Owner
CA revised May 2020
20
Page 5
EXHIBITS A & B
i2
INNOVATIVE IMPACT STRATEGIES — CITY OF TUKWILA STRATEGIES
Homeless Services Consulting and Response Services
Consultant Contract and Scope of Work
October 2023
City of Tukwila has retained Innovative Impact Strategies, LLC (consultant) to provide
homeless service consulting services to the city of Tukwila. This will include tasks
identified below. Specific attention will be given to the homeless encampment of around
200 asylum seeking individuals (including families and children) located on Riverton Park
United Methodist Church (RPUMC). Assistance will be provided for the emergency
declaration and response at this site.
This work will begin October 2023. Work will be completed by i2-strategies staff, including
- Colin DeForrest (principal), or Stephanie Martinez, (Senior Consultant), or other i2-
strategies staff. Staff will perform all work at the rates outlined below, plus reimbursement
for any purchases or fees related to onsite work under the direction of city of Tukwila
management. Additional consultant support, if required, may be negotiated, extended or
scoped separately.
• Consultant and Subject Matter Expert Services - $150/hour
• Coordinator and Monitoring and Maintenance Services - $60/hour
• Outreach and Translation Services - $50/hour
The following outlines tasks and deliverables to be produced by consultant in coordination
with city of Tukwila leadership:
Task 1: SITE ASSESSMENT AND ONSITE SNAPSHOT OF RPUMC ASYLUM
ENCAMPMENT
• Regularly visit RPUMC encampment site.
• Site Monitoring services
• Assess site and surroundings.
• Create an "Onsite Snapshot" of the site which includes:
o Bynames list of all individuals living at the site.
o Number of children at the site (under 18 years old).
o Number of families at the site
o Number of workable individuals at the site.
o Other agreed upon data.
• Site tagging of all tents and structures at the site.
o Match individuals and families with each tent or structure
o Identify any concerning or unsafe situations.
21
Task 2: SITE LAYOUT AND DESIGN RECOMMENDATIONS
• Create a temporary site layout and design plan for the RPUMC encampment.
o Identify maximum capacity.
o Safely space sites and create access lanes.
• Create a safe site for all.
o Individuals and families living at the site.
o The larger surrounding community
• Identify Crime Prevention through Environmental Design (CPTED) techniques to
implement at site(s).
o Site lines
o Access control
o Vegetation management
o Clear perimeter boundaries
o Lighting
o Other
Task 3: COMMUNITY AND PARTNER SUPPORT AND ENGAGEMENT
• Work directly and closely with community partners like Pastor Jan and RPUMC staff
as well as other partners from the community.
• Work closely with city of Tukwila staff to ensure we are always on the same page.
o As needed, assist the city of Tukwila's designated liaison with connecting to
partners and other governmental agencies.
o Support city of Tukwila staff in all ways possible.
Task 4: ONGOING SUBJECT MATTER EXPERT SUPPORT AS IDENTIFIED AND NEEDED
BY THE CITY OF TUKWILA
• Additional site logistics, site design, and implementation if new sites are identified.
• Additional consulting support if further emergency declaration steps are identified.
This work will be tailored to the needs of the City of Tukwila.
• Onsite Monitoring and Maintenance services at any City of Tukwila involved sites.
• Ongoing homeless services response support including outreach, navigation and
translation services.
Innovative Impact Strategies, LLC
City of Tukwila
By: Colin DeForrest By: Allan Ekberg
DocuSigned by:
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U'UA...
Date10/30/2023 I x12:32 PM PDT
Date
22
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 23-171
Approved per Emergency
Proclamation 10/06/23
PROFESSIONAL SERVICES AGREEMENT
(Includes consultants, architects, engineers, accountants, and other professional services)
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and Brad Harwood, hereinafter referred to as "the Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform Public Information
Consulting services in connection with the project titled Asylee Humanitarian Event.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending 12/31/24, unless sooner terminated
under the provisions hereinafter specified. Work under this Agreement shall commence upon
written notice by the City to the Consultant to proceed. The Consultant shall perform all
services and provide all work product required pursuant to this Agreement no later than
12/31/24 unless an extension of such time is granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $60,000 without express written modification of the Agreement signed by the City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
23
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances
and regulations, applicable to the services rendered under this Agreement.
7 Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in performance of this Agreement, except for injuries and damages
caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the Consultant's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of
this section shall survive the expiration or termination of this Agreement.
8. Independent Contractor. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither the Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the services
provided under this Agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to the
Consultant, or any employee of the Consultant.
9. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to deduct
from the contract price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
10. Discrimination Prohibited. Contractor, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin,
age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation,
the presence of any disability, or any other protected class status under state or federal law,
in the selection and retention of employees or procurement of materials or supplies.
11. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
CA revised May 2020
24
Page 2
12. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
13. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days
written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement between
surviving members of the Consultant and the City, if the City so chooses.
14. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically understand and agree
that venue shall be properly laid in King County, Washington. The prevailing party in any such
action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising
from or related to this Agreement shall be exclusively in King County Superior Court.
15. Severability and Survival. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any other
provisions hereof and all other provisions shall remain fully enforceable. The provisions of this
Agreement, which by their sense and context are reasonably intended to survive the
completion, expiration or cancellation of this Agreement, shall survive termination of this
Agreement.
16. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
2926 Warren Ave N
Seattle, WA 98109
17. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
CA revised May 2020
Page 3
25
DATED this 8th day of November, 2023.
CITY OF TUKWILA
S\\1\1‘
DocuSigned by:
1 F89FE09132B402...
For
Allan Ekberg, Mayor 11/9/2023 I 9:34 AM PST
ATTEST/AUTHENTICATED:
DocuSigned by:
3)04AR9746FA4FB
Christy O'Flaherty, City Clerk
APPROVED AS TO FORM:
DocuSigned by:
L.
SE499CA4165E452...
Office of the City Attorney
CONSULTANT:
B
DocuSigned by:
41J/11 ; 11% 1 11:42 AM PST
Printed Name:Bradley R. Harwood
Title: Communications consultant
CA revised May 2020
26
Page 4
23-4040 RPUMC Asylee Humanitarian Crisis
Exhibit A: SCOPE OF WORK
Crisis and Strategic Communications Strategy
Assist the City of Tukwila in developing the organization's response to the regional asylee humanitarian
crisis and communicating the response to internal and external stakeholders. Specific services include
providing crisis communications support, strategic communication counsel, reputation management,
media management and internal/external communications services.
Goals:
• Develop and execute a cohesive communications strategy supporting work on the addressing
the crisis.
• Create "plain speak" messaging and ensure meaningful access for limited English proficient
(LEP) individuals.
• Develop and implement strategies that effectively convey information to unhoused populations.
• Provide accurate, timely and vital information to the community.
• Facilitate bi-directional communications between the City, elected and appointed officials,
community organizations, other public agencies, etc.
• Highlight the City's work to address the crisis through partnerships and meaningful actions.
• Anticipate stakeholder questions and provide answers.
• Coordinate messaging across multiple City channels, department staff, outside organizations,
agencies and officials.
• Maintain routine and effective coordination with the City's emergency management/response
team.
Deliverables include:
• Serve as the City of Tukwila's Public Information Officer (PIO) on asylee issues and the City's
response to the crisis.
• Create an overall communications plan incorporating key goals, basic messaging,
tools/tactics and draft timeline/calendar.
• Coordinate high -quality and appropriate language products, services, and support to non-
English speaking/limited English Proficiency individuals as well as unhoused populations
when appropriate.
• Develop and coordinate a messaging strategy with City and regional staff and PIO's.
• Advise on and develop consistent messaging, including FAQ's and fact sheets.
• Create written and pre-recorded video statements, remarks, correspondence and other
messaging for the Mayor and others as necessary.
• Engage and manage media, including planning and coordinating any necessary
interviews/media events/news conferences.
• Prepare, coordinate internal approval and issue media releases.
• Monitor web and social media including developing/managing content to achieve goals.
• Identify key messengers and trusted, reliable sources to convey critical information.
27
23-4040 RPUMC Asylee Humanitarian Crisis
Exhibit B: PAYMENT
Crisis and Strategic Communications Strategy
Consultant shall be paid a $5,000/month retainer to provide crisis communication services and provide
prompt and efficient services in a range of activities necessary for the city to respond to the ongoing
asylee humanitarian event.
Payments shall only be made upon reception of written invoice from the Contractor, detailing hours
worked in service of each goal and/or deliverable specified in Exhibit A. Payment shall be made in the
form of check mailed via United States Postal Service.
The Contractor shall provide the City of Tukwila with a current IRS Form W-9 for the means of proper tax
reporting and payment.
28
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
12/11/23
AY
ITEM INFORMATION
ITEM NO.
4.C. &
Spec 3
STAFF SPONSOR: NORA GIERLOFF
ORIGINAL AGENDA DATE: 12/11/23
AGENDA ITEM TITLE Temporary Encampment Ordinance
CATEGORY ® Discussion
Mtg Date 12/11/23
❑ Motion
Mtg Date
❑ Resolution
Mtg Date
® Ordinance
Mtg Date 12/11/23
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ® DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW
SPONSOR'S
SUMMARY
Draft ordinance creating a process and procedures for the use of temporary encampments.
Council is being asked to provide policy direction.
REVIEWED BY
❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
❑ LTAC
DATE:
❑ Arts Comm.
❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
COMMITTEE
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
AMOUNT BUDGETED
APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
12/11/23
MTG. DATE
ATTACHMENTS
12/11/23
Informational Memorandum
Draft Ordinance
29
30
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: City Council
FROM: David Cline, City Administrator
BY: Nora Gierloff, Community Development Director
Kari Sand, City Attorney
CC: Mayor Ekberg
DATE: December 6, 2023
SUBJECT: Temporary Encampment Ordinance
ISSUE
Should the City regulate temporary encampments for homeless individuals through adoption of
an ordinance creating a process and procedures for this use?
BACKGROUND
SHELTERS AND TRANSITIONAL HOUSING
RCW 35A.21.430 (approved as HB 1220) required cities to permit indoor emergency
shelters and indoor emergency housing in any zones where hotels are allowed. Additionally, it
required permanent supportive housing and transitional housing to be permitted in all zones that
allow residences or hotels. To align with these requirements, Tukwila adopted definitions,
zoning use categories, and procedural requirements for these uses. Tukwila's code is written
with the expectation that these shelter and housing uses would occur within buildings.
At the time these regulations were implemented, there was no guidance from the State about
how many shelter beds/housing units Tukwila would be required to accommodate.
Subsequently, the Affordable Housing Committee of the Growth Management Planning Council
provided a 20-year target of 1,200 emergency beds in Tukwila. This is ambitious and will be
difficult to meet under the current size limitations and spacing requirements in our zoning code,
so we may need to revise these regulations at some point.
TENT ENCAMPMENTS
Tukwila has a decades long history of allowing Tent Cities to locate at sites within the City for up
to 3 months at a time without permitting, as we have considered hosting of these within the
mission of religious institutions. RCW 35A.21.360 was updated in 2020 to give religious
institutions expansive rights to host various types of accommodation for homeless populations
including encampments, indoor shelters, tiny house villages, and safe parking lots.
While cities may require permits and impose some conditions, there are limitations. Any local
regulations:
• Are limited to protecting public health and safety
• Cannot substantially burden the proposed use
• May not require that the religious organization obtain insurance pertaining to the
liability of a municipality with respect to homeless persons housed on property
owned by a religious organization or otherwise require the religious organization to
indemnify the city against liability
31
INFORMATIONAL MEMO
Page 2
• Must allow encampments for 4 consecutive months or up to 6 months during a
calendar year (code cities may require a separation of up to three months between
encampments at a particular site)
• May require a 1,000-foot separation between encampments
• Prior to the opening of an outdoor encampment, the organization must host a
neighborhood meeting for which the city provides public notice.
DISCUSSION
Many cities in the Puget Sound region, such as Issaquah, Kirkland, Normandy Park, Edmonds,
Olympia, Seattle, Bainbridge Island, Des Moines, Redmond, Renton, Sammamish, and SeaTac,
have adopted ordinances regulating tent encampments. These ordinances generally follow the
requirements outlined in RCW 35A.21.360 and summarized above. Staff has developed a
similar ordinance for Tukwila, see Attachment A.
This draft ordinance requires a permit application and fee, appropriately sized sanitation
facilities, a screening fence, limitation of 100 residents, a code of conduct, a transportation plan,
sex offender and warrant checks, fire safety, and a requirement to follow all applicable state and
agency regulations. It also requires that encampments follow the Tent City model and rotate to
different sites every four months. It is unclear whether Riverton Park United Methodist Church
will honor these requirements, as the current encampment vastly exceeds 100 residents and
includes children.
In regards to timing, an ordinance usually takes effect five days after the date of its publication.
This proposed encampment regulation ordinance may be effective immediately on an
emergency basis if the Council finds an immediate effective date to be in the best interest of the
City and to protect the public health, safety and welfare of its citizens. If the Council desires an
immediate effective date, then five affirmative yes votes (a majority plus one of the whole
membership of the council) are required by RCW 35A.12.130.
Significant violations of the code requirements may result in suspension or revocation of the
permit at the City's discretion.
Policy Questions
1. Cities are not required to allow tent encampments on sites not owned by religious
institutions. Should the City allow encampments operated by non-profit organizations or
other jurisdictions such as King County?
2. Prior encampments in Tukwila organized by groups such as Tent City and
SHARE/WHEEL have been limited to only adults. Other cities' ordinances prohibit
children from staying in tent camps. Should Tukwila's ordinance bar children from
encampments?
FINANCIAL IMPACT
There will be no direct financial impacts due to adoption of the ordinance. The City already has
incurred costs related to the current encampment at Riverton Park United Methodist Church.
RECOMMENDATION
The Council is being asked to answer the policy questions and decide whether to adopt the
ordinance tonight at the Special Meeting.
32
https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/Attorney/Encampment Ord Info Memo.docx
INFORMATIONAL MEMO
Page 3
ATTACHMENTS
A. Draft Tent Encampment Ordinance
B. Text of RCW 35A.21.360
https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/Attorney/Encampment Ord Info Memo.docx
33
34
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING NEW INTERIM ZONING
REGULATIONS REGARDING TEMPORARY ENCAMPMENTS
PURSUANT TO RCW 35A.21.360; ESTABLISHING TUKWILA
MUNICIPAL CODE (TMC) CHAPTER 18.48, "TEMPORARY
HOMELESS ENCAMPMENTS"; AMENDING VARIOUS
ORDINANCES AS CODIFIED AT TMC SECTION 18.104.010,
"CLASSIFICATION OF PROJECT PERMIT APPLICATIONS";
AMENDING ORDINANCE NO. 2718 §7 AS CODIFIED AT TABLE
18-6, "LAND USES ALLOWED BY DISTRICT"; ADOPTING
PRELIMINARY SUPPORTIVE FINDINGS; PROVIDING FOR
SEVERABILITY; SCHEDULING A POST -ADOPTION PUBLIC
HEARING; DECLARING A PUBLIC EMERGENCY AND
ESTABLISHING AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, a regional housing shortage and unaffordable housing costs have led
to an increase in the unhoused population in our region; and
WHEREAS, some religious institutions find it within their mission to offer support and
shelter to unhoused persons; and
WHEREAS, the City Council desires to develop reasonable occupancy, spacing,
and intensity of use requirements for encampments to protect public health and safety so
long as the conditions do not preclude the siting of encampments by religious institutions
per RCW 35A.21.360; and
WHEREAS, on October 6, 2023, a state of emergency was proclaimed regarding the
asylee encampment at Riverton Park United Methodist Church; and
WHEREAS, an emergency exists necessitating immediate adoption of interim
encampment regulations and processing requirements to preserve and protect public
health and safety and prevent danger to public or private property; and
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WHEREAS, interim zoning controls enacted under RCW 36.70A.390 and/or RCW
35.63.200 are methods by which local governments may preserve the status quo so that
new plans and regulations will not be rendered moot by intervening development; and
WHEREAS, RCW 36.70A.390 and RCW 35.63.200 both authorize the enactment of
an interim zoning map, interim zoning ordinance, or interim official control without holding
a public hearing, provided the public hearing is held within at least sixty days of its
enactment;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Adoption of Findings of Fact. The City Council finds as follows:
A. The above recitals, set forth as "WHEREAS" clauses, are hereby adopted as
Findings of Fact in support of the adoption of this ordinance on an emergency
basis, effective immediately.
B. The amendments that are established below comply with the requirements of
the Washington State Growth Management Act and the Tukwila Municipal
Code.
Section 2. TMC Chapter 18.48 Established. Tukwila Municipal Code (TMC)
Chapter 18.48 is hereby established to read as follows:
CHAPTER 18.48
TEMPORARY HOMELESS ENCAMPMENTS
Sections:
18.48.010 Purpose
18.48.020 Application for temporary homeless encampment permit
18.48.030 Requirements for approval and operation
18.48.040 Revocation of permit
Section 3. Regulations Established. TMC Section 18.48.010 is hereby established
to read as follows:
18.48.010 Purpose
The purpose of this chapter is to regulate temporary homeless encampments within
the city of Tukwila in compliance with the requirements and definitions of RCW 35A.21.360.
The standards and requirements in this chapter are the minimum necessary to protect the
public health and safety and do not substantially burden the decisions or actions of religious
organizations regarding the location of housing or shelter for homeless persons on property
owned by such religious organizations.
Section 4. Regulations Established. TMC Section 18.48.020 is hereby
established to read as follows:
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Page 2 of 8
18.48.020 Application for temporary homeless encampment permit
A. A temporary homeless encampment is an allowed use only on property owned
or controlled by a religious organization or government agency that is acting as either the
host agency or the managing agency, or both, for the temporary homeless encampment.
B. An application for a temporary homeless encampment permit shall be
processed as a Type 1 decision. The application shall contain, at a minimum, all of the
following information:
1. The name, address, and telephone number of the host agency, and the
telephone number and e-mail address for a designated representative of the host agency;
and
2. The name, address, and telephone number of the managing agency, and
the telephone number and e-mail address for a designated representative of the
managing agency; and
3. The proposed location of the temporary homeless encampment on property
owned or controlled by the host agency; and
4. The date on which temporary homeless encampment is proposed to move
onto the proposed location and the date on which the temporary homeless encampment
is proposed to vacate the proposed location; and
5. The maximum number of residents proposed; and
6. A site plan showing the proposed location of the facilities required by TMC
Section 18.48.030; and
7. A statement demonstrating how the temporary homeless encampment will
meet the requirements of TMC Section 18.48.030.
C. The application for a temporary homeless encampment permit must be
accompanied by an application fee established by resolution of the City Council. The
application fee shall be based on actual costs associated with the review and approval of
the application. The application shall not be considered complete unless and until the
application fee is paid.
D. An application for a temporary homeless encampment permit must be filed at
least 30 days before the date on which the temporary homeless encampment is proposed
to move onto the proposed location; provided, that the City may agree to a shorter period
in the case of an emergency beyond the control of the host agency and managing agency.
E. An application for a temporary homeless encampment permit shall be
processed as a Type I temporary use permit under TMC Chapter 18.104.
F. Appropriate city staff and public agencies shall review the permit, including, but
not limited to, Public Health — Seattle and King County and the Puget Sound Regional
Fire Authority. The City may issue the temporary homeless encampment permit if the
application demonstrates that:
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1. All of the requirements of TMC Section 18.48.030 are met; and
2. The temporary homeless encampment will not be materially injurious to the
public health, safety, and welfare or materially injurious to the property or improvements
in the immediate vicinity.
G. Informational Meeting and Notice Thereof. The sponsor and/or managing
agency shall participate in a community information meeting organized by the City. Notice
of the community informational meeting shall be mailed at least 10 days before the
meeting to residents and businesses within 500 feet of the boundary of the proposed
encampment. The purpose of the meeting is to provide the surrounding community with
information regarding the proposed duration and operation of the temporary homeless
encampment, conditions that will likely be placed on the operation of said encampment,
requirements of the written code of conduct, and to answer questions regarding the
temporary homeless encampment. The community informational meeting is not intended
to be part of the official record of the application.
H. A decision granting, granting with conditions, or denying a temporary homeless
encampment permit shall be subject to appeal as provided in TMC Chapter 18.116 for
Type I permit decisions.
Section 5. Regulations Established. TMC Section 18.48.030 is hereby
established to read as follows:
18.48.030 Requirements for approval and operation
A. A temporary homeless encampment must meet all of the following requirements
in addition to any other requirements imposed by this chapter:
1. The property or building must be of sufficient size to accommodate the
proposed number of tents and residents and the on -site facilities required by this section.
2. Adequate provision must be made for the provision of drinking water,
disposal of human waste, disposal of garbage and other solid waste, and the provision of
other services, including, but not limited to, the following facilities:
a. Sanitary portable toilets or other restroom facilities in the number
required to meet health regulations for the residents and staff of the temporary homeless
encampment; and
b. Hand washing stations by the toilets or restrooms and by food
service areas; and
c. Refuse receptacles meeting the requirements of the City's solid
waste hauler; and
d. A food service tent or other food service building or facility meeting
health department and fire safety requirements; and
e. A management tent or other management office or facility providing
administrative and security services and readily identifiable to residents and visitors.
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Page 4 of 8
3. The temporary homeless encampment shall meet all setbacks for the
zoning district in which the property is located; provided, that where the temporary
homeless encampment abuts property containing residential uses, the temporary
homeless encampment shall be set back 20 feet from the property line.
4. A six -foot -tall sight obscuring fence shall be provided around the perimeter
of the temporary homeless encampment unless the City determines that there is sufficient
vegetation, topographic variation, or other site conditions to provide equivalent screening
of the use from adjacent properties. Entry points into the site should be limited and
monitored.
5. Exterior lighting must be directed downward and contained within the
temporary homeless encampment.
6. The maximum number of occupants within a temporary homeless
encampment shall be determined by taking into consideration the size and conditions of
the proposed site; however, it may not exceed 100 regardless of size or condition.
7. Required minimum on -site parking for the host site's permanent/other uses
shall not be either displaced by said encampment or used to meet said encampment's
parking requirements, unless a shared parking agreement is executed with adjacent
properties to compensate.
8. No children under the age of 18 shall be allowed in the temporary homeless
encampment. If a child under the age of 18 attempts to reside at the temporary homeless
encampment, the managing agency or the host agency shall immediately contact Child
Protective Services.
9. No animals shall be permitted in the temporary homeless encampment,
except for service animals.
10. The managing agency and/or the host agency shall submit a code of
conduct for the temporary homeless encampment and a statement describing how the
code of conduct will be enforced. The code of conduct shall, at a minimum, contain the
following:
a. A prohibition on the possession or use of illegal drugs or alcohol.
b. A prohibition on the possession of guns, knives with blades in excess
of three inches, and weapons of all kinds.
c. A prohibition on violence.
d. A prohibition on open flames.
e. A prohibition on trespassing into private property in the surrounding
neighborhood.
f. A prohibition on loitering in the surrounding neighborhood.
g.
Hours during which quiet is to be observed.
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11. A transportation plan must be submitted by the managing agency and/or
the host agency providing for access to transit. All temporary homeless encampments
must be located within one-half mile of transit service.
12. The temporary homeless encampment must comply with all regulations of
Washington State, the City of Tukwila, and the best practices listed in the King County
Public Health Sanitation and Hygiene Guide for Homeless Service Providers. The
temporary homeless encampment shall comply with the requirements of the International
Fire Code and Washington Cities Electrical Code as adopted by the City of Tukwila. The
managing agency and host agency shall permit inspections at all reasonable times by
appropriate public officials from the agencies enforcing these codes for code compliance.
13. The managing agency shall take all reasonable and legal steps to obtain
verifiable identification from prospective residents of the temporary homeless
encampments and use the identification to obtain sex offender and warrant checks from
the appropriate agency. If the warrant and sex offender check reveals that a prospective
resident or existing resident is a sex offender who is required to register with police or
that the prospective resident has an outstanding warrant, the managing agency shall
reject the prospective resident or evict the existing resident. The managing agency and
sponsor shall immediately contact the Tukwila Police Department if someone is rejected
or ejected from the temporary homeless encampment where the reason for rejection or
ejection is an active warrant or a match on a sex offender check, or if, in the reasonable
opinion of the on -duty member or on -duty security staff, the rejected/ejected person is a
potential threat to the community.
14. Adequate access for fire and emergency medical apparatus shall be
provided.
15. Adequate separation between tents and other structures shall be
maintained in order to limit fire exposure and provide for emergency exiting by residents.
16. The managing agency and sponsor may not allow in said encampment,
without first obtaining a building permit, any structure, other than tents, canopies or other
membrane structures, that is greater than 120 square feet or provides shelter for more
than nine persons.
17. Temporary homeless encampment permits may be approved for a time
period not to exceed four consecutive months. The encampment must vacate the site for
at least three months before another permit may be issued. No temporary homeless
encampment shall be permitted on any single property for more than 6 months in any
calendar year.
18. The managing agency and sponsor shall appoint a member to serve as a
point of contact for the Tukwila Police Department. At least one member must be on duty
at all times at said encampment. The names of the on -duty members shall be posted
daily.
Section 6. Regulations Established. TMC Section 18.48.040 is hereby
established to read as follows:
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Page 6 of 8
18.48.040 Revocation of permit
The City may suspend or revoke a temporary homeless encampment permit for
serious violations of any of the requirements of this chapter. The length of suspension
shall be based on the time needed to correct the violation. A decision of the City to revoke
a temporary homeless encampment permit is a Type I decision that may be appealed to
the hearing examiner. The decision of the City to revoke a temporary homeless
encampment permit shall be stayed during any appeal to the hearing examiner, but the
stay will be lifted if the hearing examiner upholds the revocation. Decisions of the hearing
examiner on a temporary homeless encampment permit revocation may be appealed to
the King County Superior Court as provided in chapter 36.70C RCW.
Section 7. TMC Section 18.104.010 Amended. Ordinance Nos. 2119 §1, 2135
§19, 2235 §19, §2251 §75, 2368 §70, 2442 §6, 2627 §32, 2649 §11, 2678 §22, and 2718
§6 as codified at TMC Section 18.104.010, "Classification of Project Permit Applications,"
subparagraph 1, are hereby amended to read as follows:
1. TYPE 1 DECISIONS are made by City administrators who have technical
expertise, as designated by ordinance. Type 1 decisions may be appealed to the Hearing
Examiner who will hold a closed record appeal hearing based on the information
presented to the City administrator who made the decision. Public notice is not required
for Type 1 decisions or for the appeals of those decisions.
TYPE 1 DECISIONS
TYPE OF PERMIT
DECISION MAKER
Administrative Variance for Noise — 30 days or less
(TMC Section 8.22.120)
Community Development Director
Any land use permit or approval issued by the City,
unless specifically categorized as a Type 2, 3, 4, or 5
decision by this chapter
As specified by ordinance
Boundary Line Adjustment, including Lot Consolidation
(TMC Chapter 17.08)
Community Development Director
Minor Modification of a Boundary Line Adjustment or
Lot Consolidation Preliminary Approval
(TMC Section 17.08.030)
Community Development Director
Development Permit
Building Official
Minor modification to design review approval
(TMC Section 18.60.030)
Community Development Director
Minor Modification to PRD
(TMC Section 18.46.130)
Community Development Director
Temporary Homeless Encampment
Community Development Director
[TMC Chapter 18.48)
Tree Permit
(TMC Chapter 18.54)
Community Development Director
Wireless Communication Facility, Eligible Facilities
(TMC Chapter 18.58)
Community Development Director
Section 8. Table 18-6 Amended. Ordinance No. 2718 §7, as codified at Table 18-
6, "Land Uses Allowed by District," is hereby amended as set forth in the amended Table
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41
18-6 attached as Exhibit A, to add Temporary Homeless Encampments as an accessory
use to all zones that allow religious facilities.
Section 9. Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70A.390,
the City Clerk is hereby authorized and directed to schedule a public hearing on the
interim regulations adopted under this ordinance within 60 days.
Section 10. Corrections by City Clerk or Code Reviser Authorized. Upon
approval of the City Attorney, the City Clerk and the code reviser are authorized to make
necessary corrections to this ordinance, including the correction of clerical errors;
references to other local, state or federal laws, codes, rules, or regulations; or ordinance
numbering and section/subsection numbering.
Section 11. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 12. Declaration of Emergency; Effective Date. This ordinance, as a public
emergency ordinance necessary for the protection of the public health, safety, and
welfare, shall take effect and be in full force immediately upon its adoption. A non -
exhaustive list of facts supporting this emergency declaration are included in the recitals
above, which are adopted by reference as findings of fact as if fully set forth herein. and
shall sunset automatically six (6) months from December 11, 2023, unless terminated
earlier or extended by subsequent Council action A summary of this ordinance may be
published in lieu of publishing the ordinance in its entirety.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Special Meeting thereof this day of , 2023.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
Attachment: Exhibit A, Table 18-6: "Land Uses Allowed by District"
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Page 8 of 8
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Adult day care
Adult entertainment (subject to location restrictions')
Airports, landing fields and heliports (except emergency sites)
Amusement Parks
Animal rendering
Animal shelters and kennels, subject to additional State and local
regulations (less than 4 cats/dogs = no permit)
Animal Veterinary, including associated temporary indoor boarding;
access to an arterial required
Bed and breakfast lodging for not more than twelve guests5
Bed and breakfast lodging (no size limit specified)
Bicycle repair shops
Boarding Homes
Brew Pubs
Bus stations
Cargo containers (*see also TMC 18.50.060)
Cement manufacturing
Cemeteries and crematories
Colleges and universities
Commercial laundries
Commercial Parking (Commercial parking is a use of land or structure for
the parking of motor vehicles as a commercial enterprise for which hourly,
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Contractor storage yards
Continuing care retirement facility
Convalescent & nursing homes & assisted living facility for not more
than twelve patients
Convalescent & nursing homes & assisted living facility for more than
twelve patients
Convention facilities
Correctional institutes
Daycare Centers (not home -based)
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Diversion facilities and diversion interim services facilities south of
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Electrical Substation — Distribution
Electrical Substation — Transmission/Switching
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Electric Vehicle Charging Station — Level 1 and Level 2
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rapid charging stations. (TMC 18.50.140)
Emergency Housing
Emergency Shelter
Essential public facilities, except those uses listed separately in any of the
other zones
Extended -stay hotel
Farming and farm -related activities
Fire & Police Stations
Fraternal organizations
Garage or carport (private) not exceeding 1,500 sq.ft. on same lot as
residence and is subject to the regulations affecting the main building
Greenhouses (noncommercial) and storage sheds not exceeding
1,000 sq./ft
Greenhouses or nurseries (commercial)
Hazardous waste treatment and storage facilities (off -site) subject to
compliance with state siting criteria (RCW Chapter 70.105)
(See TMC 21.08)
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Industries involved with etching, film processing, lithography, printing and
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Internet Data/Telecommunication Centers
Landfills and excavations which the responsible official, acting pursuant
to the State Environmental Policy Act, determines are significant
environmental actions
Laundries; self -serve, dry cleaning, tailor, dyeing
Libraries, museums, or art galleries (public)
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incidental to a permitted use) ;
C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC
18.66); S = Special Permission (Administrative approval by the Director)
Manufacturing and industrial uses that have little potential for creating
off -site noise, smoke, dust, vibration or other external environmental
impacts or pollution:
A) Manufacturing, processing and/or packaging pharmaceuticals
and related products, such as cosmetics and drugs
B) Manufacturing, processing and/or packaging previously prepared
materials including, but not limited to, bags, brooms, brushes,
canvas, clay, clothing, fur, furniture, glass, ink, paint, paper,
plastics, rubber, tile, and wood
C) Manufacturing, processing, assembling, packaging and/or
repairing electronic, mechanical or precision instruments such as
medical and dental equipment, photographic goods,
measurement and control devices, and recording equipment
D) Manufacturing, processing, packaging of foods, such as baked
goods, beverages, candy, canned or preserved foods, dairy
products and byproducts, frozen foods, instant foods, and meats
(no slaughtering)
i) Fermenting and distilling included
ii) No fermenting and distilling
Manufacturing and industrial uses that have moderate to substantial
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external environmental impacts:
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metals, plastics, solvents, soaps, wood, coal, glass, enamels,
textiles, fabrics, plaster, agricultural products or animal products
(no rendering or slaughtering)
(B) Manufacturing, processing and/or assembling of previously
manufactured metals, such as iron and steel fabrication; steel
production by electric arc melting, argon oxygen refining, and
consumable electrode melting; and similar heavy industrial uses
(C) Manufacturing, processing and/or assembling of previously
prepared metals including, but not limited to, stamping, dyeing,
shearing or punching of metal, engraving, galvanizing and hand
forging
D) Manufacturing, processing, assembling and/or packaging of
electrical or mechanical equipment, vehicles and machines
including, but not limited to, heavy and light machinery, tools,
airplanes, boats or other transportation vehicles and equipment
E) Heavy metal processes such as smelting, blast furnaces,
drop forging or drop hammering
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batching or mixing, stone cutting, brick manufacture, marble works,
and the assembly of products from the above materials
Manufacturing, refining or storing highly volatile noxious or explosive
products (less than tank car lots) such as acids, petroleum products, oil or
gas, matches, fertilizer or insecticides; except for accessory storage of
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Marijuana producers, processors, or retailers (with state issued license)
Mass transit facilities
Medical and dental laboratories
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stations), professional, administrative, computer software development,
business, e.g. travel, real estate & commercial
Office or sample room for wholesale or retail sales, with less than
50% storage or warehousing
Park & ride lots
Parking areas
Parking areas, for municipal uses and police stations
Parks, trails, picnic areas and playgrounds (public), but not including
amusement parks, golf courses, or commercial recreation
Pawnbroker/Payday lender
Permanent Supportive Housing
Planned Shopping Center (mall)
Radio, television, microwave, or observation stations and towers
Railroad freight or classification yards
Railroad tracks (including lead, spur, loading or storage)
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Recreation facilities (commercial — indoor) — athletic or health clubs
Recreation facilities (commercial — indoor), including bowling alleys,
skating rinks, shooting ranges
Recreation facilities (commercial — outdoor), including golf courses,
golf driving ranges, fairgrounds, animal race tracks, sports fields
Recreation facilities (public), including, but not limited to sports
fields, community centers and golf courses
Recreational area and facilities for employees
Religious facilities with an assembly area less than 750 sq.ft.
Religious facilities with an assembly area greater than 750 sq.ft. and
associated community center buildings
Removal and processing of sand, gravel, rock, peat, black soil and other
natural deposits together with associated structures
Rental of vehicles not requiring a commercial driver's license
Rental of commercial trucks and fleet rentals requiring a commercial
driver's license
Research and development facilities
Residences for security or maintenance personnel
Restaurants, drive -through permitted
Restaurants, drive -through not permitted
Retail, General
Sales and rental of heavy machinery and equipment subject to landscaping
requirements of TMC Chapter 18.52*
Salvage and wrecking operations
Salvage and wrecking operations which are entirely enclosed within a
building
Sanitariums, or similar institutes
Schools and studios for education or self-improvement
Schools, preschool, elementary, junior & senior high schools (public),
and equivalent private schools
Secure community transition facility 28
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within facilities conforming to uses under this chapter; and screened
pursuant to TMC Chapter 18.52
Storage (outdoor) of materials is permitted up to a height of 20 feet
with a front yard setback of 25 feet, and to a height of 50 feet with a
front yard setback of 100 feet; security required
Storm water - neighborhood detention + treatment facilities
Storm water pump station
Studios — Art, photography, music, voice and dance
Taverns, nightclubs
Telephone exchanges
Temporary Homeless Encampment
Theaters, except those theaters which constitute "adult entertainment
establishments" as defined by this Zoning Code
Tow -truck operations, subject to all additional State and local regulations
Transfer stations (refuse and garbage) when operated by a public agency
Transitional Housing 1
Truck terminals
Utilities, regional
Vehicle sales lot2
Vehicle service station
Vehicle storage (no customers onsite, does not include park -and -fly operations)
Warehouse storage and/or wholesale distribution facilities
Water pump station
Water utility reservoir and related facilities
Wireless Telecommunications Facilities (*see TMC Ch. 18.58)
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26. Planned shopping center (mall) up to 500,000 square feet.
27. Schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use.
activity/facility" as defined in RCW 71.09.020 as amended, that include:
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37. Subject to the criteria and conditions at TMC 18.50.250 and 18.50.270.
38. Subject to the criteria and conditions at TMC 18.50.260 and 18.50.270.
54
RCW 35A.21.360 Hosting the homeless by religious organizations —
When authorized —Requirements —Prohibitions on local actions. (1) A
religious organization may host the homeless on property owned or
controlled by the religious organization whether within buildings
located on the property or elsewhere on the property outside of
buildings.
(2) Except as provided in subsection (7) of this section, a code
city may not enact an ordinance or regulation or take any other action
that:
(a) Imposes conditions other than those necessary to protect
public health and safety and that do not substantially burden the
decisions or actions of a religious organization regarding the
location of housing or shelter, such as an outdoor encampment, indoor
overnight shelter, temporary small house on -site, or vehicle resident
safe parking, for homeless persons on property owned or controlled by
the religious organization;
(b) Requires a religious organization to obtain insurance
pertaining to the liability of a municipality with respect to homeless
persons housed on property owned by a religious organization or
otherwise requires the religious organization to indemnify the
municipality against such liability;
(c) Imposes permit fees in excess of the actual costs associated
with the review and approval of permit applications. A code city has
discretion to reduce or waive permit fees for a religious organization
that is hosting the homeless;
(d) Specifically limits a religious organization's availability
to host an outdoor encampment on its property or property controlled
by the religious organization to fewer than six months during any
calendar year. However, a code city may enact an ordinance or
regulation that requires a separation of time of no more than three
months between subsequent or established outdoor encampments at a
particular site;
(e) Specifically limits a religious organization's outdoor
encampment hosting term to fewer than four consecutive months;
(f) Limits the number of simultaneous religious organization
outdoor encampment hostings within the same municipality during any
given period of time. Simultaneous and adjacent hostings of outdoor
encampments by religious organizations may be limited if located
within one thousand feet of another outdoor encampment concurrently
hosted by a religious organization;
(g) Limits a religious organization's availability to host safe
parking efforts at its on -site parking lot, including limitations on
any other congregationally sponsored uses and the parking available to
support such uses during the hosting, except for limitations that are
in accord with the following criteria that would govern if enacted by
local ordinance or memorandum of understanding between the host
religious organization and the jurisdiction:
(i) No less than one space may be devoted to safe parking per ten
on -site parking spaces;
(ii) Restroom access must be provided either within the buildings
on the property or through use of portable facilities, with the
provision for proper disposal of waste if recreational vehicles are
hosted; and
(iii) Religious organizations providing spaces for safe parking
must continue to abide by any existing on -site parking minimum
requirement so that the provision of safe parking spaces does not
Certified on 9/1/2023 RCW 35A.21.360
Page 1
55
reduce the total number of available parking spaces below the minimum
number of spaces required by the code city, but a code city may enter
into a memorandum of understanding with a religious organization that
reduces the minimum number of on -site parking spaces required;
(h) Limits a religious organization's availability to host an
indoor overnight shelter in spaces with at least two accessible exits
due to lack of sprinklers or other fire -related concerns, except that:
(i) If a code city fire official finds that fire -related concerns
associated with an indoor overnight shelter pose an imminent danger to
persons within the shelter, the code city may take action to limit the
religious organization's availability to host the indoor overnight
shelter; and
(ii) A code city may require a host religious organization to
enter into a memorandum of understanding for fire safety that includes
local fire district inspections, an outline for appropriate emergency
procedures, a determination of the most viable means to evacuate
occupants from inside the host site with appropriate illuminated exit
signage, panic bar exit doors, and a completed fire watch agreement
indicating:
(A) Posted safe means of egress;
(B) Operable smoke detectors, carbon monoxide detectors as
necessary, and fire extinguishers;
(C) A plan for monitors who spend the night awake and are
familiar with emergency protocols, who have suitable communication
devices, and who know how to contact the local fire department; or
(i) Limits a religious organization's ability to host temporary
small houses on land owned or controlled by the religious
organization, except for recommendations that are in accord with the
following criteria:
(i) A renewable one-year duration agreed to by the host religious
organization and local jurisdiction via a memorandum of understanding;
(ii) Maintaining a maximum unit square footage of one hundred
twenty square feet, with units set at least six feet apart;
(iii) Electricity and heat, if provided, must be inspected by the
local jurisdiction;
(iv) Space heaters, if provided, must be approved by the local
fire authority;
(v) Doors and windows must be included and be lockable, with a
recommendation that the managing agency and host religious
organization also possess keys;
(vi) Each unit must have a fire extinguisher;
(vii) Adequate restrooms must be provided, including restrooms
solely for families if present, along with handwashing and potable
running water to be available if not provided within the individual
units, including accommodating black water;
(viii) A recommendation for the host religious organization to
partner with regional homeless service providers to develop pathways
to permanent housing.
(3)(a) A code city may enact an ordinance or regulation or take
any other action that requires a host religious organization and a
distinct managing agency using the religious organization's property,
owned or controlled by the religious organization, for hostings to
include outdoor encampments, temporary small houses on -site, indoor
overnight shelters, or vehicle resident safe parking to enter into a
memorandum of understanding to protect the public health and safety of
both the residents of the particular hosting and the residents of the
code city.
Certified on 9/1/2023
56
RCW 35A.21.360 Page 2
(b) At a minimum, the agreement must include information
regarding: The right of a resident in an outdoor encampment, vehicle
resident safe parking, temporary small house on -site, or indoor
overnight shelter to seek public health and safety assistance, the
resident's ability to access social services on -site, and the
resident's ability to directly interact with the host religious
organization, including the ability to express any concerns regarding
the managing agency to the religious organization; a written code of
conduct agreed to by the managing agency, if any, host religious
organization, and all volunteers working with residents of the outdoor
encampment, temporary small house on -site, indoor overnight shelter,
or vehicle resident safe parking; and when a publicly funded managing
agency exists, the ability for the host religious organization to
interact with residents of the outdoor encampment, indoor overnight
shelter, temporary small house on -site, or vehicle resident safe
parking using a release of information.
(4) If required to do so by a code city, any host religious
organization performing any hosting of an outdoor encampment, vehicle
resident safe parking, or indoor overnight shelter, or the host
religious organization's managing agency, must ensure that the code
city or local law enforcement agency has completed sex offender checks
of all adult residents and guests. The host religious organization
retains the authority to allow such offenders to remain on the
property. A host religious organization or host religious
organization's managing agency performing any hosting of vehicle
resident safe parking must inform vehicle residents how to comply with
laws regarding the legal status of vehicles and drivers, and provide a
written code of conduct consistent with area standards.
(5) Any host religious organization performing any hosting of an
outdoor encampment, vehicle resident safe parking, temporary small
house on -site, or indoor overnight shelter, with a publicly funded
managing agency, must work with the code city to utilize Washington's
homeless client management information system, as provided for in RCW
43.185C.180. When the religious organization does not partner with a
managing agency, the religious organization is encouraged to partner
with a local homeless services provider using the Washington homeless
client managing information system. Any managing agency receiving any
funding from local continuum of care programs must utilize the
homeless client management information system. Temporary, overnight,
extreme weather shelter provided in religious organization buildings
does not need to meet this requirement.
(6) For the purposes of this section:
(a) "Managing agency" means an organization such as a religious
organization or other organized entity that has the capacity to
organize and manage a homeless outdoor encampment, temporary small
houses on -site, indoor overnight shelter, and a vehicle resident safe
parking program.
(b) "Outdoor encampment" means any temporary tent or structure
encampment, or both.
(c) "Religious organization" means the federally protected
practice of a recognized religious assembly, school, or institution
that owns or controls real property.
(d) "Temporary" means not affixed to land permanently and not
using underground utilities.
(7)(a) Subsection (2) of this section does not affect a code city
policy, ordinance, memorandum of understanding, or applicable consent
decree that regulates religious organizations' hosting of the homeless
Certified on 9/1/2023 RCW 35A.21.360
Page 3
57
if such policies, ordinances, memoranda of understanding, or consent
decrees:
(i) Exist prior to June 11, 2020;
(ii) Do not categorically prohibit the hosting of the homeless by
religious organizations; and
(iii) Have not been previously ruled by a court to violate the
religious land use and institutionalized persons act, 42 U.S.C. Sec.
2000cc.
(b) If such policies, ordinances, memoranda of understanding, and
consent decrees are amended after June 11, 2020, those amendments are
not affected by subsection (2) of this section if those amendments
satisfy (a)(ii) and (iii) of this subsection.
(8) An appointed or elected public official, public employee, or
public agency as defined in RCW 4.24.470 is immune from civil
liability for (a) damages arising from the permitting decisions for a
temporary encampment for the homeless as provided in this section and
(b) any conduct or unlawful activity that may occur as a result of the
temporary encampment for the homeless as provided in this section.
(9) A religious organization hosting outdoor encampments, vehicle
resident safe parking, or indoor overnight shelters for the homeless
that receives funds from any government agency may not refuse to host
any resident or prospective resident because of age, sex, marital
status, sexual orientation, race, creed, color, national origin,
honorably discharged veteran or military status, or the presence of
any sensory, mental, or physical disability or the use of a trained
dog guide or service animal by a person with a disability, as these
terms are defined in RCW 49.60.040.
(10)(a) Prior to the opening of an outdoor encampment, indoor
overnight shelter, temporary small house on -site, or vehicle resident
safe parking, a religious organization hosting the homeless on
property owned or controlled by the religious organization must host a
meeting open to the public for the purpose of providing a forum for
discussion of related neighborhood concerns, unless the use is in
response to a declared emergency. The religious organization must
provide written notice of the meeting to the code city legislative
authority at least one week if possible but no later than ninety-six
hours prior to the meeting. The notice must specify the time, place,
and purpose of the meeting.
(b) A code city must provide community notice of the meeting
described in (a) of this subsection by taking at least two of the
following actions at any time prior to the time of the meeting:
(i) Delivering to each local newspaper of general circulation and
local radio or television station that has on file with the governing
body a written request to be notified of special meetings;
(ii) Posting on the code city's website. A code city is not
required to post a special meeting notice on its website if it: (A)
Does not have a website; (B) employs fewer than ten full-time
equivalent employees; or (C) does not employ personnel whose duty, as
defined by a job description or existing contract, is to maintain or
update the website;
(iii) Prominently displaying, on signage at least two feet in
height and two feet in width, one or more meeting notices that can be
placed on or adjacent to the main arterials in proximity to the
location of the meeting; or
(iv) Prominently displaying the notice at the meeting site.
[2020 c 223 § 4; 2010 c 175 § 4.]
Certified on 9/1/2023
58
RCW 35A.21.360 Page 4
Findings—Intent-2020 c 223: See note following RCW 36.01.290.
Findings —Intent —Construction —Prior consent decrees and
negotiated settlements for temporary encampments for the homeless not
superseded-2010 c 175: See notes following RCW 36.01.290.
Certified on 9/1/2023 RCW 35A.21.360
Page 5
59
60
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
12/11/23
JR
ITEM INFORMATION
ITEM No.
Spec 2.D.
STAFF SPONSOR: CYNDY KNIGHTON
ORIGINAL AGENDA DATE: 12/11/23
AGENDA ITEM TITLE Green River Trail Connector
Contract Award to Active Construction, Inc.
CATEGORY ❑ Discussion
Mtg Date
❑ Motion
M Date
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
11 Bid
Award
12/11/23
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
Mtg Date
SPONSOR ❑Council ❑Mayor HR DCD Finance Fire TS ❑P&R ❑Police IIPIW ❑Court
SPONSOR'S A call for bids was advertised on November 7, 2023 and November 14, 2023. Seven bids
SUMMARY were received with the apparent lowest bid from Active Construction, Inc. Active
Construction, Inc. has worked for the City on past projects with similar size and scope.
Council is being asked to approve the award with Active Construction Inc., in the amount of
$1,020,020 for the Green River Trail Connector.
REVIEWED BY
Trans&Infrastructure
❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev.
❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: TOSH SHARP
❑ LTAC
DATE: 12/04/23
RECOMMENDATIONS:
SPONSOR/ADNIIN.
COMMITTEE
Public Works Department
Unanimous Approval; Forward to Consent Agenda Special Meeting
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$1,020,020.00 $1,297,000.00 $0.00
Fund Source:
Comments: 2023-2028 CIP, Page 11
MTG. DATE
RECORD OF COUNCIL ACTION
12/11/23
MTG. DATE
ATTACHMENTS
12/11/23
Informational Memorandum dated 12/01/23
2023-2028 CIP, Page 11
Bid Tabulation
Map
Minutes from Transportation and Infrastructure Committee meeting of 12/04/23
61
62
City of Tukwila
Allan Ekberg, Mayor
Public Works Department - Hari Ponnekanti, Director/City Engineer
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Committee
FROM: Hari Ponnekanti, Public Works Director/City Engineer
BY: Cyndy Knighton, Senior Program Manager
CC: Mayor Ekberg
DATE: December 1, 2023
SUBJECT: Green River Trail Connector
Project No. 91810403
Contract Award to Active Construction, Inc.
ISSUE
Award the Green River Trail Connector construction contract Active Construction Inc., as the low
responsive bidder.
BACKGROUND
A call for bids was advertised on November 7, 2023, and November 14, 2023, for the Green River
Trail Connector project. One addendum was issued correcting minor issues in the bid documents.
Bids were due by 9:30 a.m. on November 28, 2023, and were publicly opened at 10:00 a.m. on
the same day. seven bids were received. The apparent low bid was received from Active
Construction Inc.
ANALYSIS
The construction bids were reviewed, and only a few minor irregularities were found in all the bids.
There were no errors in the low bid. One error was found in the Engineer's Estimate due to an
incorrect quantity for one item. A minor error was found in the third low bid and a more significant
error was found in the high bid. Active Construction Inc. has successfully worked for Tukwila on
past projects with similar size and scope. The contractor does not have any exceptions or has
been debarred from working on state or federally funded projects.
FINANCIAL IMPACT
The bid from Active Construction Inc. came in under the Engineer's Estimate and is within the
available funding for the project.
Active Construction Inc. Bid
Contingency (15%)
Construction Total
Amount Construction Budget
$1,020,020
$153,000
$1,173,020 $1,297,000.00
RECOMMENDATION
Council is being asked to approve the award with Active Construction Inc., in the amount of
$1,020,020 for the Green River Trail Connector on the Consent Agenda at the December 11,
2023 Special Meeting
ATTACHMENTS
• CIP Sheet
• Certified Bid Tabulation
• Map
65
63
64
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
COMMENT:
2023 to 2028
PROJECT: Green River Trail Improvements Project No. 91810403
Construct a widened trail section between the west landing of the Southcenter Pedestrian Bridge and the
DESCRIPTION: shared use path on Christensen Road. Includes illumination, CCTV, and provides the fiber connection to
the Pedestrian Bridge for operation of CCTV and communication to the light controllers and ped/bike counter.
JUSTIFICATION: Wider trail section is needed to accommodate the intermingling of trail and bridge users by providing a
wider trail and improved safety features.
STATUS: Designed and permitted as part of the TUC Pedestrian/Bicycle Bridge.
MAINT. IMPACT: Reduced pavement repairs, increased maintenance for illumination and CCTV upkeep.
Project is a subset of the TUC/TOD Ped Imprvmt Project (90710405), the TUC Ped/Bike Bridge Project
(90510403) and Baker Blvd Non -Motorized (91610409). All permitting and mitigation was completed as part of
the Ped Bridge project. Permitting expires in 2022, delays past this date would need new permit approvals.
PSRC grant application in 2018 unsuccessful. Apply for ped/bike grant in 2020.
FINANCIAL Through Estimated
(in $000's)
2021 2022 2023
2024
2025
2026
2027
2028
BEYOND TOTAL
EXPENSES
Design
0
Land (R/W)
0
Const. Mgmt.
235
235
Construction
1,062
1,062
TOTAL EXPENSES
0
0
1,297
0
0
0
0
0
0
1,297
FUND SOURCES
TAP Grant
989
989
Proposed Grant
0
Mitigation Actual
0
Traffic Impact Fees
0
Parking Tax
0
0
308
0
0
0
0
0
0
308
TOTAL SOURCES
0
0
1,297
0
0
0
0
0
0
1,297
Project Location
, '
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2023 - 2028 Capital Improvement Program
65
66
A-1 Landscaping & Construction
Unit Price Amount
$155,000.00 $155,000.00
p 0
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0
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O M
O O
O O
to O o
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00'009`E$ 00'009'E$
00'000'01$ 00'000'01$
$12,540.00 $12,540.00
$65,000.00 $65,000.00
$3,200.00 $3,200.00
$12,454.00 $12,454.00
$5.00 $11,000.00
$21,545.00 $21,545.00
$110.00 $22,000.00
$75.00 $157,500.00
$77.00 $20,020.00
$77.00 $385.00
p
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0 0
0
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W
0 0
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6. 6.
V3 V3
$18.00 $15,300.00
$22.00 $6,600.00
$22,454.00 $22,454.00
Subtotal $580,748.00
$72.00 $18,000.00
$250.00 $7,750.00
Subtotal $25,750.00
$5,000.00 $5,000.00
$80.00 $21,600.00
$120.00 $3,000.00
$12.00 $960.00
$18.00 $21,600.00
$220.00 $660.00
$18.00 $252.00
$18.00 $198.00
$22.00 $308.00
$18.00 $288.00
$18.00 _ $360.00
$30.00 $2,010.00
$30.00 $2,040.00
$22.00 $1,408.00
$22.00 $1,056.00
$30.00 $480.00
$22.00 $572.00
$18.00 $8,190.00
$45.00 $32,625.00
$41,000.00 $41,000.00
p
O
0 0
O O
0
O O
D O
o O
V3
6
$0.00 $0.00
$3,500.00 $3,500.00
$77,800.00 $77,800.00
$220.00 $2,640.00
Subtotal $271,547.00
$95.00 $91,200.00
Subtotal $91,200.00
OO
0
o
O
co
O
o
O
O
0
N6O
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0 0
0 0
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Gary Merlino
Unit Price Amount
$125,000.00 ! $125,000.00
0 O
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63
0 O
O
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o O
0 0
O N
63
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0
0 0
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63
$2,500.00
$9,500.00
D O
O
O O
o O
o 0
n
69 fA
$42,000.00
$157,500.00
$31,200.00
$675.00
O O
0 0
O O
o o
EA O
fA VJ
$7,650.00
$1,500.00
O O
u)
O N
o ET
O
N N
V3 O
R
O
O
o
O
M'V
V3
O O
O O
r r
N O
V
V3 V3
O
O
0
0
OCO
O
63
D O
0
0 0
0 0
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6
V3
$880.00
$7,800.00
$1,125.00
$1,330.00
$1,045.00
O O
0 0
O O
co N
CO O
f9 V3
$1,900.00
$2,010.00
O
0
O
V
r
M
V3
O
0
O
N
EA
V3
$1,920.00
$720.00
$728.00
$7,735.00
$7,250.00
$45,000.00
O
0
O O
O
0 00
CO
EA
O
0
O O
O
0 O
N
V3
$65,000.00
$2,400.00
O
C.)
O
O
m
O
R
$155.00 $148,800.00
Subtotal $148,800.00
O
p
0
0
0
N
M
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0 O
0 0
0 0
0 _
D CO
CO
H
$1,292,798.00
O O
O O
O 0
O M
6 63
O O
O O
o L
O N
49 63
$2,500.00
$16,500.00
$2,500.00
$9,500.00
O
0 0
coc6
f9
$210.00
$75.00
$120.00
$135.00
$950.00
$150.00
o o
O) O
d3 V3
$20,000.00
Subtotal
o
M_
$470.00
Subtotal
O
O 0
co
O
V)
O 0
N EOD
E9 E9
0 N
. O
V3 V3
$375.00
$95.00
O
W
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$95.00
$95.00
O O
0) coO
EA EA
O
0
EA
O
COO
EA
O O
V •V
E9 EV
$28.00
$17.00
$10.00
$45,000.00
o
p 0
N O
V3
.
0
0 p
O O
d3
NM'
0
0
O•
O
O
O O
O N
6 69
To
0
N
O
0
0
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$60,000.00
Subtotal
Westwater
Unit Price Amount
O
OO
O
o
00'000'E$
00'000'91$
0 0
p
D•••
OO00000
pOOpOppOp0V
» En
0 0
0, O
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V36�
0 0
0 O
0
-66
i»69
0 0
O p
•0
0
V3
0
o 0
00
N
EV 6,EV
0 0
0
00'000'1$
00'000`l$
$8,500.00
$1,500.00
$15,000.00
$421,200.00
$150.00 I $37,500.00
$18,600.00
$56,100.00
0
0
O
O
O
O9
$16,200.00
$6,250.00
00'000'9$
00'00Z'l$
0
0 0
O• 0
O O
O
69
$275.00
$350.00
$400.00
0
0 0
2 O
N -
co 69
0
0
O
O
69
0
0
o
N
VI
0
0 0
O
co co
V3 69
$910.00
$11,375.00
$14,500.00
$48,000.00
0
0
O O
o o
CO
0
0
O O
o o
69
$13,500.00
$1,200.00
Subtotal I $142,540.00
$115.00 $110,400.00
Subtotal $110,400.00
0oO
0°
CO
0
000
O O
'w
N
-
w
0
0
0
O
0
O
00'000'ES
00'000'91$
0 0
0 0
0 0•
O O
O
O
0 0
0 0
0• 0
0 0
o 0
O
69
0 0
0 0
• 0 0
0 0
O 0
CV O
V3
$15.00
$1,500.00
$150.00
$50.00
$80.00
$80.00
0
O O
O O
O O
O 0
.-
69
O
p 0
0 O
669
$15,000.00
Subtotal
$600.00
Subtotal
0
O
O
O
O
N
V3
O 0
O 0
O o
co O
V3
$15.00
$5.00
0
O O
O o
O N
oN
coV3
rM
O
0
0
N
O O
0 0
0 0
N N
V3 V3
O O
0 0
0 O
N CO
V3 V3
O
0
O
CO
V3
$35.00
O O
0 0
O O
CO MCON
V3 V3
O O
0 0
O O
V3 V3
0
O •
0 0
O
NO
6 O
6
0
O
0 0
O •
(o
M V3
V3
$0.00
$2,000.00
$13,500.00
$100.00
0
_.0
p
O
00
N
0
0
0 z
O
.0
O
6 co
Sascon LLC
Unit Price Amount
0
O
O
O
O
O
6
$15,000.00
$3,000.00
0
O o
0
O p
O p
O__
6 V)
0
o 0
0
p O
N 0
0
6 6
0
o 0
0
p 0
0 0
N O
6 6
0 O
0 0
0 0
0 0
0 0
co co
6 6
$13,000.00
$105,000.00
$14,300.00
$275.00
00'009$
00'00£$
0 0
p p
vj
6 V3
$15,000.00
$388,975.00
$165.00 I $41,250.00
o 0
O O
O O
O O
M
4, 6
63 W
0D000'9$ I 00'000'9$
$15,120.00
$1,875.00
$1,440.00
$4,800.00
$1,440.00
$224.00
O
O
O
r
V3
O O
O O
y E)
N O
NM EV
$320.00
$3,015.00
0
O
p
M
V3
$1,408.00
$1,056.00
$352.00
$572.00
$7,735.00
$10,875.00
$36,000.00
0
0 0
O 0
O 0
V3
$0.00
$1,400.00
$45,000.00
$2,160.00
Subtotal I $149,008.00
$210.00 $201,600.00
Subtotal $201,600.00
$195,000.00 I $195,000.00
0 0
O O
p o
O O
O
O co
co D v.
$1,094,933.00
O
$15,000.00
$3,000.00
$10,000.00
$1,000.00
0 0
0 o
n
00'000`0t$
00'009'7$
0
O 9
ij
$65.00
$50.00
0 0
O O
6 YJ
$150.00
$80.00
p p
p p
$15,000.00
Subtotal
$1,100.00
Subtotal
$56.00
$75.00
0 p
O p
N
$480.00
$16.00
0
O
6
0 0
O O
N 6
0 0
O O
N In
0
O
In
$22.00
$22.00
$22.00
$22.00
$17.00
0
0 0
ijp
O
O p
0
p 0
69
$45,000.00
$180.00
$85,000.00
Subtotal
New X Inc.
Unit Price Amount
$97,559.00 ! $97,559.00
0
0 0
0 0
0 0
CA p
N M
6
0
0 0
O 0
0 0
O N
0 fA
N
0 0
0 0
0 0
0 0
0 0
N r
E9 E9
0 0
0 0
0 0
0 0
0 0
N 0
EA 63
0 0
0 0
0 0
0 0
0 0
0
03 V3
$15,000.00
$109,200.00
$14,560.00
$780.00
p
O O
O D
O
0
Eh V3
63
$8,500.00
$1,500.00
$24,000.00
$382,258.00
$132.00 ! $33,000.00
0 0
O O
O O
r r
M la
V3 V3
O
o
O
O
O
O
E9
$23,017.50
$3,456.25
$2,160.00
$4,500.00
$2,490.00
$1,848.00
0
O
6
W
63
0 0
O o
N O
r co
O O
N N
EA E9
o O
o O
O O)
co c
N
N M
EA V3
o
O
N
co
CO
M
V3
O
O
N
r
N
EO
E9
$2,784.00
$1,888.00
$2,106.00
$8,645.00
$13,050.00
$46,974.00
o
O
O D
O
O 0
4
69
$0.00
$1,500.00
$44,200.00
$3,600.00
Subtotal $192,394.75
$175.00 $168,000.00
Subtotal $168,000.00
$186,000.00 I $186,000.00
$80,133.00
$266,133.00
N
O
r
O
p0)
r
O
Vi
$12,909.00
$3,000.00
$10,000.00
$250.00
$2,500.00
$7,500.00
O
0 0
p 0
6 o
NM V3
0
0 0
0 0
0 0
NM 0
a
00
0 0
1() N
EV OM
$56.00
$156.00
O. 0
p 0
(0 O
OM
E9
0
0 p
CJ O•
EA V3
$24,000.00
Subtotal
$1,070.00
Subtotal
O
O
O
O
.
O N
N
oo oo M
V3 V3
$27.00
$3.75
O O
coOM
CO V3
O
co
V3
$148.00
$130.00
$114.00
$47.00
O
O
W
0
0
O
O
OK
0 0
O
O O
EV
$81.00
$19.00
$18.00
$46,974.00
0 0
6886
0 O
V V3
.
0 0
p 0
O D
d3 .
$44,200.00
$300.00
$80,133.00
Subtotal
RCNW
Unit Price Amount
O
O
O
O
O
E9
00'000'ES
00'000'01$
O O
O O
O O
0 0
In
f9 V3
$4,500.00
$15,000.00
O O
O O
O O
O
N ,.0.
NM rM
O p
. 0
O 0
O
N
O OM
f9
0 0
. .
0 0
N O
O r
f9 fA
0
. o
N
CO 0
^
63
f9
$1,570.00
$900.00
$4,250.00
$1,350.00
$12,500.00
$281,740.00
O
O
O
O
M
E9
$39,215.00
$74,715.00
00'000'9$ I 00'000'9$
$17,550.00
$1,775.00
O
0 0
O
O o
O
V3 CV
0 0
O N
N N
69 V3
0
CO
W
V3
$252.00
$288.00
$360.00
$1,340.00
O
0
O
EO
co
V3
O
0
0
0
EO
V3
$1,200.00
$480.00
$520.00
$7,280.00
$10,875.00
$33,000.00
0
0 O
o O
O
N 00
OM
O
o 0
O o
O
00 E0
RW
$56,000.00
$2,400.00
Subtotal I $155,330.00
$185.00 $177,600.00
Subtotal $177,600.00
0
0
O
O
0)
N
co-669
0 0
0 0
0 O
O O
O co
to
co
$1,042,385.00
0
O
0
0
O
0 0
O p
0 0
0 0
O Erj
V) 63
0
O
0 0
0 0
O
V3
$4,500.00
$15,000.00
$2,500.00
$7,500.00
O
O
Q p
r
f9co
V3
O O
p p
O
CO CO
$57.00
$150.00
$785.00
$90.00
$5.00
$4.50
$12,500.00
Subtotal
0
N
V
6'
$1,265.00
Subtotal
O O
O O
O
OV) 6
p p
p p
N• N
V3 Vf
$80.00
$18.00
O
O
co
V3
O O
O O
O co
V3 EV
O O
O O
W O
V3 69
O
O
O
69
$25.00
O O
O O
O O
63 Cl
O O
O O
OO
E V3
$15.00
$33,000.00
O
O p
O O
ry0
O 63
V3
O
p o
O O
OEOp�O
EA _
V3
O
o p
D OO
O NN
to 6
o
O
O
m
N
A
0
O
D p
O L
N 0
N
ACI
Unit Price Amount
$100,000.00 I $100,000.00
00
0 0
O O
t0 O
M
9 EV-
$10,000.00
$150.00
0 0
0 0
O
OO
co O
tD r
69 EV
0 0
0 0
O
O O
N d)
69 EV
$18,700.00
$59,498.00
$14,400.00
$81,900.00
$13,000.00
$360.00
O O
O
CO
EV 69
$5,100.00
$1,425.00
$2,650.00
$346,623.00
0
O
N
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$34,689.00
$70,939.00
o
p
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$16,200.00
$1,787.50
00
0 0
N O
CO ID
CO
f9 fA
$1,317.00
$231.00
O
O
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$231.00
$264.00
$330.00
$2,948.00
0
p
N
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03
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$1,408.00
$1,056.00
$352.00
$572.00
$6.142.50
. 0
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$0.00
$2.475.00
0 0
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69 V3
Subtotal I $140,598.00
$191.00 $183,360.00
Subtotal $183,360.00
$194,500.00 I $194,500.00
$84,000.00
$278,500.00
O
0
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0
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0 0
66
coO0
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$10,000.00
$150.00
$6,600.00
$7,500.00
$2,500.00
$9,500.00
0 0
co 0
O 4
V3
$72.00
$39.00
$50.00
$72.00
$455.00
$83.00
$6.00
$4.75
$2,650.00
Subtotal
0
N
y
69
$1,119.00
Subtotal
O
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$44.00
$22.00
$22.00
$22.00
$22.00
$13.50
0 0
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69N6.4
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0
0
66
j
$0.00
$2,475.00
0 0
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0
$84,000.00
Subtotal
Engineer's Estimate
Unit Price Amount
ROADWAY
1 IMOBILIZATION 1 I LS I $77,275.201 $77,275.20
O O
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$10,000.00
$4,000.00
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69
69
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69
$13,000.00
$105,000.00
$19,500.00
$500.00
00000
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SIDEWALK
21 !CEMENTCONC. SIDEWALK I 250 SY I $110.00 I $27,500.00
$20,150.00
$47,650.00
ROADSIDE DEVELOPMENT
23 !PROPERTY RESTORATION I 1 EST I $5,000.00 I $5,000.00
$20,250.00
$2,125.00
00
0 o
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63
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$900.00
$2,345.00
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$2,240.00
$1,200.00
$400.00
$650.00
$11,375.00
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$20,000.00
$7,500.00
Subtotal I $147,490.00
SPECIAL PURPOSE PATHS
49 !CEMENT CONC. TRAIL I 960 ! SY $200.00 $192,000.00
Subtotal $192,000.00
ILLUMINATION, TRAFFIC SIGNAL SYSTEMS AND ELECTRICAL
50 !TRAIL ILLUMINATION SYSTEM, COMPLETE I 1 ! LS I $236,000.00 I $236,000.00
0,0
0
0 0
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EV 63
CONSTRUCTION BID TOTAL $1,043,315.20
0000000000
0000000000
0 0
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$65.00
$50.00
$75.00
$100.00
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$6.00
$10,000.00
Subtotal
$650.00
Subtotal
0 0
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0 0
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$350.00
$45.00
0
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$45.00
$45.00
$45.00
$35.00
$35.00
$35.00
$25.00
$25.00
$25.00
$25.00
$12.00
$45,000.00
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Bid Item Bid Item Description Quantity Unit
No.
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22 !CEMENT CONC. FINISH TYPE 2 I 31 SY
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51 I PAN TILT ZOOM (PTZ) CAMERA SYSTEM, COMPLETE I 1 LS
F,-
F F
2200
1
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260
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850
300
270
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ROADWAY SURVEYING
RESOLUTION OF UTILITY CONFLICTS
MINOR CHANGE
SPCC PLAN
SWPPP PREPARATION AND MAINTENANCE
PROJECT TEMPORARY TRAFFIC CONTROL, MIN. BID $ 7,500
RECORD DRAWINGS (Minimum Bid $ 2,500)
TEMPORARY TRAIL DETOUR SIGNING
CLEARING AND GRUBBING
REMOVAL OF STRUCTURE AND OBSTRUCTION
ROADWAY EXCAVATION INCL. HAUL
GRAVEL BORROW INCL. HAUL
CRUSHED SURFACING BASE COURSE
CRUSHED SURFACING TOP COURSE
COMMERCIAL HMA
INLET PROTECTION
SILT FENCE
HIGH VISIBILITY FENCE
TOPSOIL TYPE A
BARK OR WOOD CHIP MULCH
SEEDED LAWN INSTALLATION
NATIVE GRASS SEED MIX
PSIPE ACER CIRCINATUM/ VINE MAPLE; 7'-8' HT. 3-5 CANES MIN
PSIPE PSEUDOTSUGA MENZIESII/ DOUGLAS FIR; 1 GAL. CONT.
PSIPE PINUS CONTORTA VAR. CONTORTA/ SHORE PINE; 1 GAL. CONT.
PSIPE ABEIS GRANDIS/ GRAND FIR; 1 GAL. CONT.
PSIPE AMELANCHIER ALNIFOLIA/ SERVICEBERRY; 1 GAL. CONT.
PSIPE ACER CIRCINATUM/ VINE MAPLE; 1 GAL. CONT.
PSIPE VACCINIUM OVATUM 'THUNDERBIRD'/ THUNDERBIRD EVERGREEN
HUCKLEBERRY; 18" Ht. & So.
PSIPE SPIRAEA BETULIFOLIA 'TOR'/ TOR BIRCHLEAF SPIREA; 18" Ht. & Sp.
PSIPE CORNUS SERICEA 'KELSEYII'/ KELSEYII DWARF RED -TWIG
DOGWOOD; 2 Gal. Cont.
PSIPE GAULTHERIA SHALLON/ SALAL; 2 Gal. Cont.
PSIPE MAHONIA REPENS/ LOW OREGON GRAPE; 2 Gal. Cont.
PSIPE POLYSTICHUM MUNITUM/ SWORD FERN; 2 Gal. Cont.
PSIPE ARCTOSTAPHYLOS UVA-URSI/ KINNIKINNICK; 1 Gal. Cont.
ROOT BARRIER
AUTOMATIC IRRIGATION SYSTEM, COMPLETE
WAYFINDING SIGN
BENCH
TRASH RECEPTACLE
REMOVABLE BOLLARD
CONCRETE WALL
ROCK DETERRENT PAD
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PENDING CONSTRUCTION
•
•
•
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•
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Green River Trail Widening
69
70
City of Tukwila
City Council Transportation & Infrastructure Services Committee
Meeting Minutes
December4, 2023 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams
Councilmembers Present: Tosh Sharp, Chair; Kate Kruller, Mohamed Abdi
Staff Present: Hari Ponnekanti, Catrien de Boer, Cyndy Knighton, Laurel Humphrey,
Seong Kim, Joel Bush, David DeGroot, David Cline, Colleen Minion, Griffin
Lerner
I. PRESENTATIONS
II. BUSINESS AGENDA
A. Grant Acceptance: Technology Security Enhancements
Staff is seeking approval of a grant agreement with the Department of Homeland Security in
the amount of $81, 695 to enhance technology security controls, develop a Cyber Incident
Response Plan, and plan for business continuity.
Committee Recommendation
Unanimous approval. Forward to December 11, 2023 Special Meeting Consent Agenda.
B. Grant Acceptance: Ecology Ramp Litter Cleanup Program
Staff is seeking approval of a grant agreement with the Washington State Department of
Ecology in the amount of $60,000 to fund litter cleanup activities on state ramps.
Committee Recommendation
Unanimous approval. Forward to December 11, 2023 Special Meeting Consent Agenda.
C. Contract: Green River Trail Connector
Staff is seeking approval of a contract with Active Construction Inc. in the amount of
*$1,020,020 for construction of the Green River Trail Connector project.
Committee Recommendation
Unanimous approval. Forward to December 11, 2023 Special Meeting Consent Agenda.
D. Supplemental Agreement: West Valley Highway (1-405 - Strander Boulevard'
Staff is seeking approval of a supplemental agreement with TranTech Engineering in the
amount of $59,520 for additional construction management support on the project.
Committee Recommendation
Unanimous approval. Forward to December 11, 2023 Special Meeting Consent Agenda.
71
72
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
12/11/23
)R
ITEM INFORMATION
ITEM No.
Spec 2.E.
1
STAFF SPONSOR: COLLEEN MINION
ORIGINAL AGENDA DATE: 12/11/23
AGENDA ITEM TITLE Ecology Ramp Litter Cleanup Program Grant Acceptance
CATEGORY ❑ Discussion
Mtg Date
a
Motion
Date 12/11/23
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
Mtg
SPONSOR Council ❑Mayor ❑Hit ❑DCD ❑Finance Fire ❑TS ❑P&R ❑Police 0P1V Court
SPONSOR'S
SUMMARY
The City applied for Ecology's Ramp Litter Cleanup Program (RLCP) grant and was awarded
Ecology's grant to fund litter cleanup activities on state ramps. RLCP aims to assist
counties, cities, and towns with the costs of litter cleanup efforts on Interstate, State
Routes, or US highway ramps, interchanges, and intersections in their jurisdiction. City
Council is asked to formally accept Ecology's RLCP grant for $60,000.
r Trans&Infrastructure
❑ CommunitySvs/Safety ❑ Finance Comm.
❑ Arts Comm. ❑ Parks Comm.
12/04/23 COMMITTEE CHAIR: TOSH
❑ Planning/Economic Dev.
❑ Planning Comm
REVIEWED BY
❑ LTAC
DATE:
SHARP
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Public Works Department
Unanimous Approval; Forward to the Special Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$60,000.00 $0.00 $0.00
Fund Source: GRANT AWARD
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
MTG. DATE
ATTACHMENTS
12/11/23
Informational Memorandum dated 12/01/23
Draft contract agreement between WA Department of Ecology and the City of Tukwila
List of ramp locations
Minutes from Transportation and Infrastructure Committee meeting of 12/04/23
73
74
City of Tukwila
Publk Works Department - Hari Ponnekanti, Director/City Engineer
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Services Committee
FROM: Hari Ponnekanti, Public Works Director
BY: Colleen Minion, Solid Waste Analyst
CC: Mayor Allan Ekberg
DATE: December 1, 2023
SUBJECT: Ecology Ramp Litter Cleanup Program Grant Acceptance
AUan Ekberg, Mayor
ISSUE
Formal City acceptance of a Washington State Department of Ecology (Ecology) grant in the amount of $60,000.
BACKGROUND
The City applied for and was awarded a competitive Ecology grant to fund litter cleanup activities on state ramps located
within the City. The overall goal of Ecology's Ramp Litter Cleanup Program (RLCP) is to assist counties, cities, and towns with
the costs of litter cleanup efforts on Interstate, State Route, or US highway ramps, interchanges, and intersections in their
jurisdiction.
DISCUSSION
Costs eligible for reimbursement include:
• Staff salaries and benefits
• Administrative/overhead, as defined by RLCP
• Contracts, purchased services for cleanup
• Equipment rental
• Tools and supplies for safety and cleanup work (pre -approved in writing by Ecology)
• Safety training pre -approved in writing by Ecology
• Transportation and disposal costs of materials cleaned
Projected outcomes:
• 1,580 hours worked
• 13 miles cleaned
• 14,000 pounds of material collected
• 26 ramps cleaned (there are 4 ramps in 1 diamond interchange)
• 7 times ramps/interchanges/intersections were cleaned during the reporting period
Funds are available from the date the contract is signed — June 30, 2025.
FISCAL IMPACT
There is no required match for acceptance of this grant.
RECOMMENDATION
City Council is being asked to formally accept Ecology's RLCP grant and consider this item on the Consent Agenda at the
December 11, 2023 Special meeting.
ATTACHMENTS:
• Draft contract agreement between Washington State Department of Ecology and the City of Tukwila
• List of ramp locations
75
76
DEPARTMENT OF
ECOLOGY
State of Washington
Agreement No. SWMRLCP-2325-Tukwil-00008
SOLID WASTE MANAGEMENT RAMP LITTER CLEANUP PROGRAM AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF TUKWILA
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 TUKWILA, hereinafter referred to as the "RECIPIENT," to carry out with the
provided funds activities described herein.
GENERAL INFORMATION
Project Title: City of Tukwila
Total Cost: $111,750.00
Total Eligible Cost: $60,000.00
Ecology Share: $60,000.00
Recipient Share: $0.00
The Effective Date of this Agreement is: 10/01/2023
The Expiration Date of this Agreement is no later than: 06/30/2025
Project Type: RLCP Grant
Project Short Description:
Litter cleanup on state highway ramps.
Project Long Description:
RLCP assists local governments with funding litter cleanup activities on state ramps located within the jurisdiction of the
local government. A state ramp (also referred to as an exit ramp/off-ramp or entrance ramp/on-ramp) is a short section
of road allowing vehicles to enter or exit a controlled -access highway. In many areas, entering and exiting state highways
does not occur on traditional ramps. This is typically true when the state highway is one lane of traffic in each direction.
These may be intersections. These state highway intersections are eligible under RLCP.
Overall Goal:
The overall goal of the Ramp Litter Cleanup Program (RLCP) is to assist counties, cities and towns with the costs of
77
State of Washington Department of Ecology Page 2 of 20
Agreement No: SWMRLCP-2325-Tukwil-00008
Project Title: City of Tukwila
Recipient Name: CITY OF TUKWILA
litter cleanup efforts on Interstate, State Route, or US highway ramps, interchanges and intersections in their jurisdiction.
RLCP was established by Senate Bill 5040, the Welcome to Washington Act, in the 2021 legislative session. It is now
codified in RCW 70A.200.190(3).
78plate Version 12/10/2020
State of Washington Department of Ecology
Page 3 of 20
Agreement No:
Project Title:
Recipient Name:
SWMRLCP-2325-Tukwil-00008
City of Tukwila
CITY OF TUKWILA
RECIPIENT INFORMATION
Organization Name: CITY OF TUKWILA
Federal Tax ID:
UEI Number:
Mailing Address:
Organization Email:
Organization Fax:
Contacts
91-6001519
UEQNMC26C8T3
6300 Southcenter Blvd
Tukwila, WA 98188
catrien.deboer@tukwilawa.gov
(206) 433-0179
Project Manager
Colleen Minion
Solid Waste Analyst
6300 Southcenter Blvd, Suite 100
Tukwila, Washington 98188
Email: colleen.minion@tukwilawa.gov
Phone: (206) 431-2445
Billing Contact
Catrien de Boer
Public Works Grants Analyst
6300 Southcenter Blvd, Suite 100
Tukwila, Washington 98188
Email: catrien.deboer@tukwilawa.gov
Phone: (206) 431-2445
Authorized
Allan Ekberg
Signatory
Mayor
6200 Southcenter Blvd
Tukwila, Washington 98188
Email: allan.ekberg@tukwilawa.gov
Phone: (206) 433-1850
Template Version 12/10/2020
79
State of Washington Department of Ecology
Agreement No: SWMRLCP-2325-Tukwil-00008
Project Title: City of Tukwila
Recipient Name: CITY OF TUKWILA
ECOLOGY INFORMATION
Mailing Address: Department of Ecology
Solid Waste Management
PO BOX 47600
Olympia, WA 98504-7600
Physical Address: Solid Waste Management
300 Desmond Drive SE
Lacey, WA 98503
Contacts
Page 4 of 20
Justin Boneau
Project
Manager
PO Box 330316
Shoreline, Washington 98133-9716
Email: jbon461@ecy.wa.gov
Phone: (425) 213-3563
Justin Boneau
Financial
Manager
PO Box 330316
Shoreline, Washington 98133-9716
Email: jbon461@ecy.wa.gov
Phone: (425) 213-3563
rtyplate Version 12/10/2020
State of Washington Department of Ecology Page 5 of 20
Agreement No: SWMRLCP-2325-Tukwil-00008
Project Title: City of Tukwila
Recipient Name: CITY OF TUKWILA
SCOPE OF WORK
Task Number: 1 Task Cost: $60,000.00
Task Title: State Highway Ramps and Interchange Cleanup
Task Description:
Work Performed: A state ramp (also referred to as an exit ramp/off-ramp or entrance ramp/on-ramp) is a short section of road
allowing vehicles to enter or exit a controlled -access highway. In many areas, entering and exiting state highways does not
occur on traditional ramps. This is typically true when the state highway is one lane of traffic in each direction. These may be
intersections and are eligible for cleanup under RLCP.
RECIPIENT anticipates cleaning state ramps located in their jurisdiction and must report on the frequency of cleaning.
RECIPIENT may contract for assistance with cleanup of state ramps. Reimbursement for costs incurred by contractors to
perform work identified in this Task are subject to the same eligibility and reimbursement requirements as the RECIPIENT and
require ECOLOGY approval.
Safety Expectations: RECIPIENT or delegate is responsible for crew safety training and oversight of crewmembers.
RECIPIENT will follow all applicable County or State Road setup procedures as determined by the appropriate County or
State officials while working on those roads. RECIPIENT will provide appropriate Personal Protective Equipment (PPE) for
all workers. PPE can include Safety Vests, gloves, eye protection, and any other supplies or equipment necessary to complete
the work safely.
Materials Disposition: RECIPIENT is responsible to ensure collected litter is properly transported and disposed and or
coordinate with WSDOT to pick up the bagged litter from state ramps.
Community Investment: Instead of requiring a match, Ecology encourages recipients to mobilize local resources. These may
include correctional workgroups, volunteer organizations, administrators, and/or equipment. This approach produces the
greatest environmental impact with the limited funding available. To maximize project success, communities should invest local
resources such as donated staff time, volunteer labor, donated equipment and supplies, and waived disposal costs.
Data Collection, Reporting and Reimbursement Requirements: In accordance with the RECIPIENT's reporting requirements
provided by Ecology in writing, submit progress reports and requests for reimbursement through EAGL. RECIPIENT is
responsible for accurate data collection, and must provide payable invoices, receipts, and required time -accounting reports
upon Ecology's request to support costs requested for reimbursement.
Costs Eligible for Reimbursement
• Staff salaries and benefits
• Administrative/overhead, as defined by RLCP
Contracts, purchased services for cleanup
Equipment rental
Tools and supplies for safety and cleanup work (pre -approved in writing by Ecology)
Vehicle fuel and maintenance in proportion to use for litter and illegal dump cleanup
Template Version 12/10/2020
81
State of Washington Department of Ecology Page 6 of 20
Agreement No: SWMRLCP-2325-Tukwil-00008
Project Title: City of Tukwila
Recipient Name: CITY OF TUKWILA
• Safety training pre -approved in writing by Ecology
• Transportation and disposal costs of materials cleaned
• Costs not listed here but approved in writing by Ecology
Costs Not Eligible for Reimbursement
• Overtime differential, unless the individual spends 100 percent of their time on RLCP activities and Ecology provided
written prior approval
Administration/overhead costs in excess of 10 percent of the total task budget amount
Indirect costs
Mileage — per mile reimbursement rates, such as OFM's POV rates (fuel and maintenance costs must be direct billed)
Contribution to equipment rental or revolving fund (ER&R)
Costs not supported with required documentation
Task Goal Statement:
The goal of this task is to clean state ramps throughout RECIPIENT's jurisdiction.
Task Expected Outcome:
With the Task Cost, RECIPIENT expects
• 1,580 hours worked
• 13 miles cleaned
• 14,000 pounds of material collected
• 26 ramps cleaned (there are 4 ramps in 1 diamond interchange)
• 7 times ramps/interchanges/intersections were cleaned during the reporting period
These ramps include but may not be limited to:
• I-5 N/B Exit 153 Off Ramps 1 time per quarter
• I-5 S/B Exit 154 On Ramp 1 time per quarter
• I-5 N/B Exit 154 1 time per quarter
• I-5 Exit 156 1 time per quarter
• I-5 Exit 158 1 time per quarter
• WA-518 W/B 51 st Ave S Exit On Ramp 1 time per quarter
• WA-518 E/B Klickitat Dr Exit Off Ramp 1 time per quarter
• WA-518 E/B Tukwila Intl Blvd Exit On Ramp 1 time per quarter
• I-405 S/B Exit 1 1 time per quarter
• I-405 N/B Exit 1 1 time per quarter
• I-405/1-5 Interchange Southcenter Blvd Off Ramp 1 time per quarter
• I-405 Tukwila Pkwy On Ramp 1 time per quarter
• WA-599 Interurban Ave Exit 1 time per quarter
• WA-599 Tukwila Intl Blvd Exit 1 time per quarter
• WA-99 102nd St Exit 1 time per quarter
plate Version 12/10/2020
State of Washington Department of Ecology
Agreement No: SWMRLCP-2325-Tukwil-00008
Project Title: City of Tukwila
Recipient Name: CITY OF TUKWILA
Recipient Task Coordinator: Colleen Minion
State Highway Ramps and Interchange Cleanup
Deliverables
Page 7 of 20
Number
Description
Due Date
1.1
Task Expected Outcomes are the deliverables and achieved incrementally
throughout the biennium.
Template Version 12/10/2020
83
State of Washington Department of Ecology Page 8 of 20
Agreement No: SWMRLCP-2325-Tukwil-00008
Project Title: City of Tukwila
Recipient Name: CITY OF TUKWILA
BUDGET
Funding Distribution EG240383
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to ident each budget.
Funding Title: City of Tukwila Funding Type: Grant
Funding Effective Date: 10/01/2023 Funding Expiration Date: 06/30/2025
Funding Source:
Title: Waste Reduction, Recycling, and Litter Control Account (WRRLCA)
Fund: FD
Type: State
Funding Source %: 100%
Description: 044 WRRLCA
Approved Indirect Costs Rate:
Recipient Match %:
InKind Interlocal Allowed:
InKind Other Allowed:
Approved State Indirect Rate: 0%
0%
No
No
Is this Funding Distribution used to match a federal grant?
No
City of Tukwila
Task Total
State Highway Ramps and Interchange Cleanup
$ 60,000.00
Total: $ 60,000.00
ypplate Version 12/10/2020
State of Washington Department of Ecology
Agreement No: SWMRLCP-2325-Tukwil-00008
Project Title: City of Tukwila
Recipient Name: CITY OF TUKWILA
Funding Distribution Summary
Recipient / Ecology Share
Page 9 of 20
Funding Distribution Name
Recipient Match %
Recipient Share
Ecology Share
Total
City of Tukwila
0.00 %
$ 0.00
$ 60,000.00
$ 60,000.00
Total
$ 0.00
$ 60,000.00
$ 60,000.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial (including payment
requests), performance, and other reports required by this Agreement. ECOLOGY shall have the right to deny reimbursement
of payment requests received after this date.
ECOLOGY's Solid Waste Management program implements a reporting assessment policy for RECIPIENTs of grants
administered through the Solid Waste Management program. The assessment determines the RECIPIENT's reporting level
required throughout the Agreement term. If the RECIPIENT'S performance or project circumstances change, ECOLOGY may
reassess and notify the RECIPIENT of any changes to reporting requirements.
GENERAL FEDERAL CONDITIONS
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.
A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for
debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving
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.
2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by
reason of changed circumstances.
3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
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.
4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a
person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction.
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Project Title: City of Tukwila
Recipient Name: CITY OF TUKWILA
5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled
"CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered
transaction complies with certification of suspension and debarment requirements.
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
suspension and debarment.
8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the
signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
Receives more than $30,000 in federal funds under this award.
Receives more than 80 percent of its annual gross revenues from federal funds.
Receives more than $25,000,000 in annual federal funds.
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.gov <http://www.sam.gov/> within 30 days of agreement signature. The FFATA information will be available to
the public at www.usaspending.gov <http://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>.
C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT:
As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending
loan or grant funds to:
1. Procure or obtain;
2. Extend or renew a contract to procure or obtain; or
3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use
covered telecommunications equipment, video surveillance services or services as a substantial or essential component
of any system, or as critical technology as part of any system. As described in Public Law 115-232
<https://www.govinfo.gov/content/pkg/PLAW-115pub1232/pdf/PLAW-115pub1232.pdff , section 889, covered
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Agreement No: SWMRLCP-2325-Tukwil-00008
Project Title: City of Tukwila
Recipient Name: CITY OF TUKWILA
telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
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
the System for Award Management (SAM) <https://sam.gov/SAM/> exclusion list.
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Agreement No: SWMRLCP-2325-Tukwil-00008
Project Title: City of Tukwila
Recipient Name: CITY OF TUKWILA
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS
For DEPARTMENT OF ECOLOGY GRANTS and LOANS
07/01/2023 Version
1. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans — EAGL Edition."
(https://fortress.wa.gov/ecy/publications/SummaryPages/2301002.html)
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all
funds and resources made available under this Agreement.
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
character of all work and services.
2. AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent
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.
3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer, OCIO Policy no. 188,
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,
including and not limited to web sites/pages, web -based applications, software systems, video and audio content, and electronic
documents intended for publishing on Ecology's public web site.
4. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic
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,
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
and Cultural Resources.
• For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106).
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Agreement No:
Project Title:
Recipient Name:
SWMRLCP-2325-Tukwil-00008
City of Tukwila
CITY OF TUKWILA
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.
RECIPIENT shall:
• Keep the IDP at the project site.
• Make the IDP readily available to anyone working at the project site.
• Discuss the IDP with staff, volunteers, and contractors working at the project site.
• Implement the IDP when Cultural Resources or human remains are found at the project site.
c) If any Cultural Resources are found while conducting work under this Agreement, follow the protocol outlined in the project
IDP.
• Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and Historic
Preservation at (360) 586-3065, any affected Tribe, and the local government.
d) If any human remains are found while conducting work under this Agreement, follow the protocol outlined in the project
IDP.
• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, the
Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program.
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.
5. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT.
6. COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all
affected local, state, or federal jurisdictions, and any interested individuals or groups.
7. COMPENSATION
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.
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement.
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with
ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure.
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY.
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.
f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide Payee Desk.
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9
form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor
registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov.
h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
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
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.
j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and
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Agreement No: SWMRLCP-2325-Tukwil-00008
Project Title: City of Tukwila
Recipient Name: CITY OF TUKWILA
other reports required by this Agreement. Failure to comply may result in delayed reimbursement.
8. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to
this Agreement, including but not limited to:
a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of
Washington which affect wages and job safety.
b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against discrimination.
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
by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the
permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to
comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to
conform to that statute or rule of law.
9. CONFLICT OF INTEREST
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
affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds
thereof.
10. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award
all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services
through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure
legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be
required to provide written certification that they have followed their standard procurement procedures and applicable state law
in awarding contracts under this Agreement.
ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement
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.
11. DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the
determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for
below:
a) RECIPIENT notifies the funding program of an appeal request.
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.
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.
The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such
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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.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision
will not be taken to Environmental and Land Use Hearings Office.
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in
accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method, in addition to the
dispute resolution procedure outlined above.
12. ENVIRONMENTAL DATA STANDARDS
a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental
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:
• Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA)
officer or the Program QA coordinator instructs otherwise.
• Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004
(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
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.
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:
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when
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.
13. GOVERNING LAW
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.
14. INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project
described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other
harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of
that party or that party's agents or employees arising out of this Agreement.
15. INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be
employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other
party.
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Agreement No: SWMRLCP-2325-Tukwil-00008
Project Title: City of Tukwila
Recipient Name: CITY OF TUKWILA
16. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up
any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award
of a subcontract hereunder.
17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE)
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority -owned (MBE) and women -owned
(WBE) businesses in purchases and contracts initiated under this Agreement.
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:
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or
services.
b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation
by qualified minority and women's businesses.
c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and
women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE)
(866-208-1064) and the Office of Minority Business Enterprises of the U.S. Depallinent of Commerce, as appropriate.
18. ORDER OF PRECEDENCE
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
"Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g)
General Terms and Conditions.
19. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of
this Agreement:
a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to
production and distribution.
b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline.
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
tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any
online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the
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
requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY.
20. PROGRESS REPORTING
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to
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ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document
timely use of funds.
b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a
progress report. ECOLOGY will define the elements and frequency of progress reports.
c) RECIPIENT shall use ECOLOGY's provided progress report format.
d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through
September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the
quarter being reported.
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.
RECIPIENT shall use the ECOLOGY provided closeout report format.
21. PROPERTY RIGHTS
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,
and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to
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;
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
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
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
instructions with respect thereto in this Agreement.
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
is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by
the RECIPIENT for the fair market value of such property.
f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the
acquisition of land or facilities:
1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
Agreement.
2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of
funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and
attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by
this Agreement.
g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any equipment,
property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally
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
Agreement bear to the total acquisition, purchase, or construction costs of such property.
22. RECORDS, AUDITS, AND INSPECTIONS
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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.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement.
d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington,
for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the
records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has
been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced.
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
and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for
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
order to monitor and evaluate performance, compliance, and any other conditions under this Agreement.
23. RECOVERY OF FUNDS
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
unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT.
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within
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.
Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24. SEVERABILITY
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.
25. STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental
Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to
this provision.
26. SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any
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.
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Agreement No: SWMRLCP-2325-Tukwil-00008
Project Title: City of Tukwila
Recipient Name: CITY OF TUKWILA
27. SUSTAINABLE PRACTICES
In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement.
a) Sustainable practices may include such activities as: use of clean energy, use of double -sided printing, hosting low impact
meetings, and setting up recycling and composting programs.
b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and
imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced
packaging, office products that are refillable, rechargeable, and recyclable, 100% post -consumer recycled paper, and toxic free
products.
For more suggestions visit ECOLOGY's web page, Green Purchasing,
http s://ecology.wa. gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
28. TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of
any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs
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
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
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.
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
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
determined.
b) For Convenience
ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of
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
terms of this Agreement prior to the effective date of termination.
Non -Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding
from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the
completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in
whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to
suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may
exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide
notice.
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
event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the Agreement and any amendments
Template Version 12/10/2020
95
State of Washington Department of Ecology
Page 20 of 20
Agreement No:
Project Title:
Recipient Name:
SWMRLCP-2325-Tukwil-00008
City of Tukwila
CITY OF TUKWILA
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.
RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of
funds by the RECIPIENT's governing body.
c) By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement.
d) In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials
prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
29. THIRD PARTY BENEFICIARY
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.
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
not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized
representative of ECOLOGY.
End of General Terms and Conditions
plate Version 12/10/2020
Washington State Department of Ecology Ramp Litter Cleanup Program grant locations
These ramps include but may not be limited to:
• 1-5 N/B Exit 153 Off Ramps 1 time per quarter
• 1-5 S/B Exit 154 On Ramp 1 time per quarter
• 1-5 N/B Exit 154 1 time per quarter
• 1-5 Exit 156 1 time per quarter
• 1-5 Exit 158 1 time per quarter
• WA-518 W/B 51st Ave S Exit On Ramp 1 time per quarter
• WA-518 E/B Klickitat Dr Exit Off Ramp 1 time per quarter
• WA-518 E/B Tukwila Intl Blvd Exit On Ramp 1 time per quarter
• 1-405 S/B Exit 1 1 time per quarter
• 1-405 N/B Exit 1 1 time per quarter
• 1-405/1-5 Interchange Southcenter Blvd Off Ramp 1 time per quarter
• 1-405 Tukwila Pkwy On Ramp 1 time per quarter
• WA-599 Interurban Ave Exit 1 time per quarter
• WA-599 Tukwila Intl Blvd Exit 1 time per quarter
• WA-99 102nd St Exit 1 time per quarter
97
98
City of Tukwila
City Council Transportation & Infrastructure Services Committee
Meeting Minutes
December4, 2023 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams
Councilmembers Present: Tosh Sharp, Chair; Kate Kruller, Mohamed Abdi
Staff Present: Hari Ponnekanti, Catrien de Boer, Cyndy Knighton, Laurel Humphrey,
Seong Kim, Joel Bush, David DeGroot, David Cline, Colleen Minion, Griffin
Lerner
I. PRESENTATIONS
II. BUSINESS AGENDA
A. Grant Acceptance: Technology Security Enhancements
Staff is seeking approval of a grant agreement with the Department of Homeland Security in
the amount of $81, 695 to enhance technology security controls, develop a Cyber Incident
Response Plan, and plan for business continuity.
Committee Recommendation
Unanimous approval. Forward to December 11, 2023 Special Meeting Consent Agenda.
B. Grant Acceptance: Ecology Ramp Litter Cleanup Program
Staff is seeking approval of a grant agreement with the Washington State Department of
* Ecology in the amount of $60,000 to fund litter cleanup activities on state ramps.
Committee Recommendation
Unanimous approval. Forward to December 11, 2023 Special Meeting Consent Agenda.
C. Contract: Green River Trail Connector
Staff is seeking approval of a contract with Active Construction Inc. in the amount of
$1,020,020 for construction of the Green River Trail Connector project.
Committee Recommendation
Unanimous approval. Forward to December 11, 2023 Special Meeting Consent Agenda.
D. Supplemental Agreement: West Valley Highway (1-405 - Strander Boulevard'
Staff is seeking approval of a supplemental agreement with TranTech Engineering in the
amount of $59,520 for additional construction management support on the project.
Committee Recommendation
Unanimous approval. Forward to December 11, 2023 Special Meeting Consent Agenda.
99
100
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
12/11/23
NE
ITEM INFORMATION
ITEM No.
Spec 2.F.
STAFF SPONSOR: NANCY EKLUND
ORIGINAL AGENDA DATE: 12 / 11 / 23
AGENDA ITEM TITLE GMA Periodic Update Grant Acceptance - FY2024
CATEGORY ❑ Discussion
Mtg Date
® Motion
Mtg Date 12/11
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ® DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW
SPONSOR'S
SUMMARY
The Washington Department of Commerce has provided $125,000 in grant funding to
assist GMA-planning cities such as Tukwila in the development of the periodic update of
their comprehensive plans. The requested action is the approval of the second half that
award for $62,500 for FY 2024. The funding has allowed the City to hire a consultant team
to support Ciy staff in developing the 2024-2044 Comprehensive Plan.
REVIEWED BY
❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ® Planning & Community Dev.
❑ LTAC
DATE: 12/4/23
❑ Arts Comm.
❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: HOUGARDY
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
COMMITTEE Unanimous Approval; Forward to Special Committee
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
$62,500
AMOUNT BUDGETED
$62,500
APPROPRIATION REQUIRED
$
Fund Source: GRANT - WASHINGTON DEPARTMENT OF COMMERCE
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
12/11/23
MTG. DATE
ATTACHMENTS
12/11/23
Informational Memorandum dated 11/22/23 (updated after 12/4 PCD Committee)
Periodic Update Grant Agreement (updated after 12/4 PCD Committee)
Minutes from the 12/4/23 PCD Committee meeting
101
102
City of Tukwila
Allan Ekberg, Mayor
Department of Community Development - Nora Gierloff, AICP, Director
INFORMATIONAL MEMORANDUM
TO: Planning and Community Development Committee
FROM: Nora Gierloff, AICP, Community Development Director
BY: Nancy Eklund, AICP, Long Range Planning Manager
CC: Mayor Ekberg
DATE: November 22, 2023 (updated)
SUBJECT: GMA Periodic Update Grant Acceptance (Washington Department of Commerce) —
FY 2024
ISSUE
Should the City accept a FY 2024 grant for $62,500 from the Washington Department of Commerce to
support the required periodic update of the City's Comprehensive Plan?
BACKGROUND
The Washington Department of Commerce typically provides grant funding to jurisdictions to assist
GMA-planning cities in the development of the periodic update of their comprehensive plans. The City
received notice in July 2022 of the award of $125,000 from Commerce to support the Plan's update.
This award is being split into two $62,500 grant amounts for FY 2023 (contract 23-030) and FY 2024.
This request pertains to acceptance of the FY 2024 grant.
DISCUSSION
The City is updating all elements of its Comprehensive Plan and has been using this grant funding to
hire a consultant (MAKERS, contract #23-085) to provide assistance with three of those elements: the
Housing Element, Land Use Element, and the Natural Environment Element.
The Scope of Work for the FY 2024 grant agreement focuses on the creation of a Land Use Element,
and the continuation of work on the Housing Element. The Land Use Element is a new standalone
document that is being consolidated from information found throughout various elements of the Plan.
Prior to this update, the City's Comprehensive Plan has not had an individual "Land Use Element", as
required by the Growth Management Act. The Housing Element is being updated with new inventory
information and will include policy language that complies with new state and local requirements.
Tukwila City Nall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
103
Planning and Community Development Committee —12/4/23
FY 2024 Washington Dept of Commerce —
GMA Periodic Update Grant Acceptance
11/22/23
12/1/23 revised
Page 2 of 2
The grant materials sent to us by Commerce arc draft. Commerce has not yet identified who will serve
name. We will sign the document once that has been completed. [Commerce requires that the grantee
sign the agreement first, after which they will sign it and return it to us for final processing. [The grant
document sent to the Council for approval has been finalized and is attached.l
FINANCIAL IMPACT
This grant will have no impact on City funding. It will support work that the City is required to complete
as a part of its Comprehensive Plan 2024-2044 Periodic Update by enabling the payment of assisting
consultants.
RECOMMENDATION
Forward this item to the Consent Agenda of the Special meeting on December 11, 2023. This action
will authorize the Mayor to sign the grant agreement with the Washington Department of Commerce to
accept grant funding (for FY 2024) in support of the City's Comprehensive Plan.
Attachments:
• Grant Agreement between Washington Department of Commerce and the City of Tukwila for the
GMA Periodic Update Grant for FY 2024 (7/1/23 to 6/30/24 grant cycle).
104
Avk Washington State
Department of
"40 Commerce
Interagency Agreement with
For
City of Tukwila
through
Growth Management Services
Contract Number:
24-63335-228
GMA Periodic Update Grant — FY2024
Dated: Date of Execution
105
1► Wapsltiiepa ing'nveor nStaletof
sJ Commerce
Table of Contents
TABLE OF CONTENTS 2
FACE SHEET 3
SPECIAL TERMS AND CONDITIONS 4
1. AUTHORITY 4
2. CONTRACT MANAGEMENT 4
3. COMPENSATION 4
4. BILLING PROCEDURES AND PAYMENT 4
5. SUBCONTRACTOR DATA COLLECTION 5
6. INSURANCE 5
7. FRAUD AND OTHER LOSS REPORTING 5
8. ORDER OF PRECEDENCE 5
GENERAL TERMS AND CONDITIONS 6
1. DEFINITIONS 6
2. ALL WRITINGS CONTAINED HEREIN 6
3. AMENDMENTS 6
4. ASSIGNMENT 6
5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION 6
6. COPYRIGHT 7
7. DISPUTES 7
8. GOVERNING LAW AND VENUE 8
9. INDEMNIFICATION 8
10. LICENSING, ACCREDITATION AND REGISTRATION 8
11. RECAPTURE 8
12. RECORDS MAINTENANCE 8
13. SAVINGS 8
14. SEVERABILITY 8
15. SUBCONTRACTING 8
16. SURVIVAL 9
17. TERMINATION FOR CAUSE 9
18. TERMINATION FOR CONVENIENCE 9
19. TERMINATION PROCEDURES 9
20. TREATMENT OF ASSETS 10
21. WAIVER 11
ATTACHMENT A: SCOPE OF WORK 12
ATTACHMENT B: BUDGET 13
Page 2 of 13
106
Washing:on SLale
Depa•tment of
Nee Commerce
Face Sheet
Local Government Division
Growth Management Services
GMA Periodic Update Grant (PUG)
Contract Number: 24-63335-228
1. Contractor
City of Tukwila
Department of Community Development, Planning
6200 Southcenter Blvd
Tukwila, WA 98188
2. Contractor Doing Business As (as applicable)
N/A
3. Contractor Representative
Nancy Eklund
Long Range Planning Manager
(206) 433-7141
Nancy.eklund@tukwilawa.gov
4. COMMERCE Representative
Catherine McCoy PO Box 42525
Senior Planner 1011 Plum St. SE
(360) 280-3147 Olympia, WA 98504
catherine.mccoy@commerce.wa.gov
5. Contract Amount
$62,500
6. Funding Source
Federal: ❑ State:
0
Other: ❑ N/A: ❑
7. Start Date
Date of Execution
8. End Date
June 30, 2024
9. Federal Funds (as applicable) Federal Agency: ALN
N/A N/A N/A
10. Tax ID #
N/A
11. SWV #
SWV0018023-00
12. UBI #
179-000-208
13. UEI #
N/A
14. Contract Purpose
Grant funding to assist the City of Tukwila with planning work for the completion the Growth Management Act (GMA)
requirement to review and revise the comprehensive plan and development regulations under RCW 36.70A.130(5).
COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the
terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized
to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract
and the following documents incorporated by reference: Contractor Terms and Conditions including Attachment "A" — Scope
of Work, Attachment "B" — Budget.
FOR CONTRACTOR
ADS
/ L7
FOR COMMERCE
Allan Ekberg, Mayor
City of Tukwila
Mark K. Barkley, Assistant Director
Local Government Division
Date
APPROVED AS TO FORM ONLY
BY ASSISTANT ATTORNEY GENERAL
APPROVAL ON FILE
Date
Page 3 of 13
107
Washing:on Slale
Depa•tment of
Nicer Commerce
Special Terms and Conditions
1. AUTHORITY
COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter
39.34 RCW.
2. CONTRACT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person
for all communications and billings regarding the performance of this Contract.
The Representative for COMMERCE and their contact information are identified on the Face Sheet
of this Contract.
The Representative for the Contractor and their contact information are identified on the Face Sheet
of this Contract.
3. COMPENSATION
COMMERCE shall pay an amount not to exceed sixty-two thousand, five hundred dollars
($62,500), for the performance of all things necessary for or incidental to the performance of work
under this Contract as set forth in the Scope of Work.
4. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE not more often
than monthly nor less than quarterly.
The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work
performed, the progress of the project, and fees. The invoice shall include the Contract Number 24-
63335-228. If expenses are invoiced, provide a detailed breakdown of each type. A receipt must
accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
Contractor.
COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or
condition of this Contract.
No payments in advance or in anticipation of services or supplies to be provided under this Agreement
shall be made by COMMERCE.
Grant Start Date
COMMERCE will pay the Contractor for costs incurred beginning July 1, 2023, for services and
deliverables described under this Agreement.
Duplication of Billed Costs
The Contractor shall not bill COMMERCE for services performed under this Agreement, and
COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will
be paid by any other source, including grants, for that service.
Disallowed Costs
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subcontractors.
Page 4 of 13
108
Ali% Washington Slale
Depa•tment of
Nag Commerce
COMMERCE may, in its sole discretion, withhold ten percent (10%) from each payment until
acceptance by COMMERCE of the final report (or completion of the project, etc.).
Line Item Modification of Budget
A. Notwithstanding any other provision of this contract, the Contractor may, at its discretion, make
modifications to line items in the Budget (Attachment B) that will not increase the line item by
more than fifteen percent (15%).
B. The Contractor shall notify COMMERCE in writing (by email or regular mail) when proposing
any budget modification or modifications to a line item of the Budget (Attachment B) that would
increase the line item by more than fifteen percent (15%). Conversely, COMMERCE may
initiate the budget modification approval process if presented with a request for payment under
this contract that would cause one or more budget line items to exceed the 15 percent (15%)
threshold increase described above.
C. Any such budget modification or modifications as described above shall require the written
approval of COMMERCE (by email or regular mail), and such written approval shall amend the
Budget. Each party to this contract will retain and make any and all documents related to such
budget modifications a part of their respective contract file.
D. Nothing in this section shall be construed to permit an increase in the amount of funds available
for the Project, as set forth in Section 3 of this contract, nor does this section allow any
proposed changes to the Scope of Work, including Tasks/Work Items and Deliverables under
Attachment A, without specific written approval from COMMERCE by amendment to this
contract.
5. SUBCONTRACTOR DATA COLLECTION
Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as
agreed by the parties, regarding work under this Contract performed by subcontractors and the portion
of Contract funds expended for work performed by subcontractors, including but not necessarily
limited to minority -owned, woman -owned, and veteran -owned business subcontractors.
"Subcontractors" shall mean subcontractors of any tier.
6. INSURANCE
Each party certifies that it is self -insured under the State's or local government self-insurance liability
program, and shall be responsible for losses for which it is found liable.
7. FRAUD AND OTHER LOSS REPORTING
Contractor shall report in writing all known or suspected fraud or other loss of any funds or other
property furnished under this Contract immediately or as soon as practicable to the Commerce
Representative identified on the Face Sheet.
8. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving
precedence in the following order:
• Applicable federal and state of Washington statutes and regulations
• Special Terms and Conditions
• General Terms and Conditions
• Attachment A — Scope of Work
• Attachment B — Budget
Page 5 of 13
109
Washing:on Slale
Depa•tment of
Nicer Commerce
General Terms and Conditions
1. DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing
to act on the Director's behalf.
B. "COMMERCE" shall mean the Washington Department of Commerce.
C. "Contract" or "Agreement" or "Grant" means the entire written agreement between
COMMERCE and the Contractor, including any Attachments, documents, or materials
incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract
shall be the same as delivery of an original.
D. "Contractor" or "Grantee" shall mean the entity identified on the face sheet performing
service(s) under this Contract, and shall include all employees and agents of the Contractor.
E. "Personal Information" shall mean information identifiable to any person, including, but not
limited to, information that relates to a person's name, health, finances, education, business,
use or receipt of governmental services or other activities, addresses, telephone numbers,
social security numbers, driver license numbers, other identifying numbers, and any financial
identifiers, and "Protected Health Information" under the federal Health Insurance Portability
and Accountability Act of 1996 (HIPAA).
F. "State" shall mean the state of Washington.
G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all
or part of those services under this Contract under a separate contract with the Contractor. The
terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier.
2. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
3. AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
4. ASSIGNMENT
Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred
or assigned by the Contractor without prior written consent of COMMERCE.
5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
I. All material provided to the Contractor by COMMERCE that is designated as "confidential"
by COMMERCE;
ii. All material produced by the Contractor that is designated as "confidential" by
COMMERCE; and
Page 6 of 13
110
Ali% Washington Slale
Depa•tment of
Nag Commerce
iii. All Personal Information in the possession of the Contractor that may not be disclosed
under state or federal law.
B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The Contractor shall use Confidential
Information solely for the purposes of this Contract and shall not use, share, transfer, sell or
disclose any Confidential Information to any third party except with the prior written consent of
COMMERCE or as may be required by law. The Contractor shall take all necessary steps to
assure that Confidential Information is safeguarded to prevent unauthorized use, sharing,
transfer, sale or disclosure of Confidential Information or violation of any state or federal laws
related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and
procedures on confidentiality. COMMERCE may require changes to such policies and
procedures as they apply to this Contract whenever COMMERCE reasonably determines that
changes are necessary to prevent unauthorized disclosures. The Contractor shall make the
changes within the time period specified by COMMERCE. Upon request, the Contractor shall
immediately return to COMMERCE any Confidential Information that COMMERCE reasonably
determines has not been adequately protected by the Contractor against unauthorized
disclosure.
C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5)
working days of any unauthorized use or disclosure of any confidential information, and shall
take necessary steps to mitigate the harmful effects of such use or disclosure.
6. COPYRIGHT
Unless otherwise provided, all Materials produced under this Contract shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall
be considered the author of such Materials. In the event the Materials are not considered "works for
hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and
interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to
COMMERCE effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability
to transfer these rights.
For Materials that are delivered under the Contract, but that incorporate pre-existing materials not
produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty -
free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants
and represents that the Contractor has all rights and permissions, including intellectual property rights,
moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Contract, of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Contract.
The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of
infringement received by the Contractor with respect to any Materials delivered under this Contract.
COMMERCE shall have the right to modify or remove any restrictive markings placed upon the
Materials by the Contractor.
7. DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in
the following manner: Each party to this Agreement shall appoint one member to the Dispute Board.
The members so appointed shall jointly appoint an additional member to the Dispute Board. The
Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a
determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority
prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As
Page 7 of 13
111
Nlasltiing:on Slale
Depa•tment of
vier Commerce
an alternative to this process, either of the parties may request intervention by the Governor, as
provided by RCW 43.17.330, in which event the Governor's process will control.
8. GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of
Washington, and the venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
9. INDEMNIFICATION
Each party shall be solely responsible for the acts of its employees, officers, and agents.
10. LICENSING, ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
11. RECAPTURE
In the event that the Contractor fails to perform this Contract in accordance with state laws, federal
laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an
amount to compensate COMMERCE for the noncompliance in addition to any other remedies
available at law or in equity.
Repayment by the Contractor of funds under this recapture provision shall occur within the time period
specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments
due under this Contract.
12. RECORDS MAINTENANCE
The Contractor shall maintain books, records, documents, data and other evidence relating to this
contract and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature
expended in the performance of this contract.
The Contractor shall retain such records for a period of six years following the date of final payment.
At no additional cost, these records, including materials generated under the contract, shall be subject
at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
13. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or
terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day
notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding
limitations and conditions.
14. SEVERABILITY
The provisions of this contract 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 contract.
15. SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior
written approval of COMMERCE.
Page 8 of 13
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Nlasltiing:on Slale
Depa•tment of
Nie Commerce
If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,
COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as
they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or
entity; or (c) require the Contractor to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The
Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term
or condition of this Contract. The Contractor shall appropriately monitor the activities of the
Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a
subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach
in the performance of the Contractor's duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable
for claims or damages arising from a Subcontractor's performance of the subcontract.
16. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract
shall so survive.
17. TERMINATION FOR CAUSE
In the event COMMERCE determines the Contractor has failed to comply with the conditions of this
contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before
suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need
to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be
terminated or suspended.
In the event of termination or suspension, the Contractor shall be liable for damages as authorized
by law including, but not limited to, any cost difference between the original contract and the
replacement or cover contract and all administrative costs directly related to the replacement contract,
e.g., cost of the competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or
prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to
terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is
determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or
her control, fault or negligence.
The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in
addition to any other rights and remedies, provided by law.
18. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days' written
notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If
this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms
of this Contract for services rendered or goods delivered prior to the effective date of termination.
19. TERMINATION PROCEDURES
Upon termination of this contract, COMMERCE, in addition to any other rights provided in this
contract, may require the Contractor to deliver to COMMERCE any property specifically produced or
acquired for the performance of such part of this contract as has been terminated. The provisions of
the "Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
Page 9 of 13
113
Nlasltiing:on Slale
I. Depa•tment of
vale Commerce
(iv) the protection and preservation of property, unless the termination is for default, in which case the
Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree
with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract.
COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized
Representative determines to be necessary to protect COMMERCE against potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Contractor shall:
A. Stop work under the contract on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the contract that is not terminated;
C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the
Authorized Representative, all of the rights, title, and interest of the Contractor under the orders
and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to
settle or pay any or all claims arising out of the termination of such orders and subcontracts;
D. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the Authorized Representative to the extent
the Authorized Representative may require, which approval or ratification shall be final for all
the purposes of this clause;
E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed
by the Authorized Representative any property which, if the contract had been completed,
would have been required to be furnished to COMMERCE;
F. Complete performance of such part of the work as shall not have been terminated by the
Authorized Representative; and
G. Take such action as may be necessary, or as the Authorized Representative may direct, for
the protection and preservation of the property related to this contract, which is in the
possession of the Contractor and in which COMMERCE has or may acquire an interest.
20. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a
direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such
property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor
under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property
in the performance of this contract, or (ii) commencement of use of such property in the performance
of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part,
whichever first occurs.
A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided
herein or approved by COMMERCE, be used only for the performance of this contract.
B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that
results from the negligence of the Contractor or which results from the failure on the part of the
Contractor to maintain and administer that property in accordance with sound management
practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately
notify COMMERCE and shall take all reasonable steps to protect the property from further
Page 10 of 13
114
Washing:on Slale
Depa•tment of
s41/1J Commerce
damage.
D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this contract.
E. All reference to the Contractor under this clause shall also include Contractor's employees,
agents or Subcontractors.
21. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
Page 11 of 13
115
.��, Washing:on Slale
Depa•tment of
vis" Commerce
Attachment A: Scope of Work
Tasks /
Actions /
Deliverables
Description
End
Date
Housing Element Updates
6/15/2024
Step 1.1
Finalize inventory and analysis of existing and all projected
housing needs, consistent with the City's share of housing need,
as provided by Commerce & King County.
3/1/2024
Step 1.2
Identify capacity of land for housing, including government-
assisted, housing for moderate, low, very low, and extremely
low-income households, manufactured, multifamily, group
homes, foster care facilities, emergency housing, emergency
shelters, permanent supportive housing.
3/1/2024
Step 1.3
Integrate Residential Neighborhoods Element into Housing
Element, as appropriate.
2/1/2024
Deliverable 1
Proposed Housing Element policy updates
6/15/2024
Task 2
Land Use Element
6/15/2024
Step 2.1
Compile Land Use Element required information from throughout the
Plan where it currently resides and consolidate it into a single
element. Update needed information, including incorporating
buildable lands and reasonable measures requirements.
3/1/2024
Step 2.2
Confirm City's Land Use strategy and consider opportunities for
modifying land use and zoning categories and descriptions.
3/1/2024
Step 2.3
Integrate Subarea plans and Center plans into Land Use element as
subchapters
12/31/2023
Step 2.4
Update Land Use map as needed — Draft 1
3/1/2024
Step 2.5
Update Land Use map as needed — Draft 2
3/15/2024
Step 2.6
Update Land Use map as needed — Draft 3
3/31/2024
Deliverable 3
Updated Land Use map (as needed) and Element
6/15/2024
Page 12 of 13
116
►, Washing -on State
Department of
NU" Commerce
Attachment B: Budget
Year 2 Task/Deliverable
Year 2 Amount
Deliverable 1
Housing Element Updates
$32,500
Deliverable 2
Land Use Element
$30,000
Total Grant (SFY 2024 only)
$ 62,500
Page 13 of 13
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118
City of Tukwila
City Council Planning & Community Development Committee
Meeting Minutes
December 4, 2023 - 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams
Councilmembers Present: Kathy Hougardy, Chair; Thomas McLeod, De'Sean Quinn
Staff Present: Nora Gierloff, Nancy Eklund
Chair Hougardy called the meeting to order at 5:30 p.m.
BUSINESS AGENDA
A. Grant Acceptance: Growth Management Act Periodic Update
Staff is seeking approval of a grant agreement with the Washington State Department of
* Commerce in the two-year amount of $125,000 to support the Comprehensive Plan update.
Committee Recommendation
Unanimous approval. Forward to December 11, 2023 Special Meeting Consent Agenda.
MISCELLANEOUS
The meeting adjourned at5:36 p.m.
Committee Chair Approval
119
120
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
12/11/23
ESC
ITEM INFORMATION
ITEM NO.
Spec 2.G.
STAFF SPONSOR: ERIC COMPTON
ORIGINAL AGENDA DATE: 12/11/23
AGENDA ITEM TITLE Authorize Mayor to receive grant from state in the amount of $81,695
CATEGORY ❑ Discussion
Mfg Date
® Motion
Mtg Date 12/11
❑ Resolution
MIX Date
❑ Ordinance
Mfg Date
❑ Bid Award
Aitg Date
❑ Public Hearing
Mtg Date
❑ Other
!Wig Date
SPONSOR ❑ Council ❑ Mayor 2 Admin Svcs ❑ DCD
Finance ❑ Fire ❑ P&R ❑ Police ❑ PW
SPONSOR'S
SUMMARY
TIS has worked to procure a grant from the state in the amount of $81,695 to provide
network security training and resources to ensure a safe and stable environment.
REVIEWED BY
® Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: COMMITTEE CHAIR: SHARP
RECOMMENDATIONS:
SPONSOR/ADMIN. Technology and Innovation Services
COMMITTEE Unanimous Approval; Forward to Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
$o
AMOUNT BUDGETED
$o
APPROPRIATION REQUIRED
$o
Fund Source:
Comments:
MTG. DATE
12/11/23
RECORD OF COUNCIL ACTION
MTG. DATE
ATTACHMENTS
12/11/23
Informational Memorandum dated 11/28/2023
Grant Program Agreement
Form - Signature Authorization
Form - Debarment Certification
Minutes from the 12/4 T&I Committee meeting
121
122
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Services Committee
FROM: Joel Bush, Chief Technology Officer
BY: Eric Compton, Franchise Analyst
CC: Mayor Ekberg
DATE: 28 November 2023
SUBJECT: Authorize the Mayor to receive a grant from Department of Homeland
Security
ISSUE
Technology and Innovation services applied to and received grant funding in the amount of
$81,695 from the Department of Homeland Security to enhance our security controls,
development a Cyber Incident Response Plan, and business continuity planning. TIS is
requesting the Council to authorize the mayor to sign and receive the grant funds from the
State.
BACKGROUND
TIS has been augmenting our security posture to align to industry best practice. The grant
funds will enable TIS to implement City-wide multi -factor authentication. Additionally, the funds
will be used to formalize a Business Continuity and Cyber Incident Response Plan.
DISCUSSION
The impact of the project will be the development of a Business Continuity Plan and Cyber
Incident Response Plan. Through the development of the plan, the City will have an
understanding of potential gaps in both Disaster Recovery planning and in our security program;
and will be able to make informed decisions about augmenting our risk posture. City-wide Multi -
Factor Authentication will be deployed and bring an immediate positive impact on the security of
our systems/data.
FINANCIAL IMPACT
There are no matching funds required for this grant. The only indirect costs would be staff time
in participating in business continuity planning discussions and implementing/managing the
Multi -Factor Authentication tokens.
RECOMMENDATION
The Council is being asked to approve the proposal and forward to the Consent Agenda of the
December 11, 2023 Special meeting.
ATTACHMENTS
Grant Program Agreement.pdf
Form — Signature Authorization.pdf
Form — Debarment Certification.pdf
123
124
Washington Military Department
STATE AND LOCAL CYBERSECURITY GRANT PROGRAM AGREEMENT FACE SHEET
1. Subrecipient Name and Address:
City of Tukwila
6200 Southcenter Blvd
Tukwila, WA 98188
2. Grant Agreement Amount:
$81,695
3. Grant Agreement Number:
E24-202
4. Subrecipient Contact, phone/email:
5. Grant Agreement Start Date:
6. Grant Agreement End Date:
Joel Bush, 206-919-5943
December 1, 2022
February 28, 2025
Joel.Bush@TukwilaWA.gov
7. Department Contact, phone/email:
8. Unique Entity Identifier (UEI):
9. UBI # (state revenue):
Deborah Henderson, 253-512-7470
UEQNMC26C8T3
179-000-208
deborah.henderson@mil.wa.gov
10. Funding Authority:
Washington Military Department (the Department) and the U.S. Department of Homeland Security (DHS)
11. Federal Funding Identification #:
12. Federal Award Date:
13. Assistance Listings # & Title:
EMW-2022-CY-00017
12/21/2022
97.137 — 22SLCGP
14. Total Federal Award Amount:
15 Program Index # & OBJ/SUB-OBJ:
16. EIN
$3,666,530
725C3 (State), 725C4 (Local -Rural), 725C5 (Local -Not Rural) / NZ
91-6001519
17. Service Districts:
18. Service Area by County(ies):
19. Women/Minority-Owned, State
BY LEGISLATIVE DISTRICTS: 11
King
Certified: ❑x N/A ❑ NO
BY CONGRESSIONAL DISTRICTS: 9
❑ YES, OMWBE #
20. Agreement Classification
21. Contract Type (check all that apply):
❑ Personal Services ❑ Client Services ❑x Public/Local Gov't
❑ Contract ❑x Grant ❑x Agreement
❑ Research/Development ❑ A/E ❑ Other
❑ Intergovernmental (RCW 39.34) ❑ Interagency
22. Subrecipient Selection Process:
23. Subrecipient Type (check all that apply)
❑x "To all who apply & qualify" ❑ Competitive Bidding
❑ Private Organization/Individual ❑ For -Profit
❑ Sole Source ❑ NE RCW ❑ N/A
N Public Organization/Jurisdiction ❑ Non -Profit
❑ Filed w/OFM? ❑ Advertised? ❑ YES ❑ NO
❑ CONTRACTOR N SUBRECIPIENT ❑ OTHER
24. PURPOSE & DESCRIPTION:
The goal of the Federal Fiscal Year (FFY) 2022 State and Local Cybersecurity Grant Program (22SLCGP) is to assist state, local, and territorial
(SLT) governments with managing and reducing systemic cyber risk. security. Strengthening cybersecurity practices and resilience of SLT
governments is an important homeland security mission and the primary focus of the SLCGP. Through funding from the Infrastructure
Investment and Jobs Act (IIJA), also known as the Bipartisan Infrastructure Law (BIL), the SLCGP enables DHS to make targeted cybersecurity
investments in SLT government agencies, thus improving the security of critical infrastructure and improving the resilience of the services.
The Department is the Recipient and Pass -through Entity of the 22SSLCGP DHS Award Letter for Grant No. EMW-2022-CY-00017 ("Grant"),
which is incorporated in and attached hereto as Attachment C and has made a subaward of funds to the Subrecipient pursuant to this
Agreement. The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement.
IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced attachments
which are hereby incorporated, and have executed this Agreement as of the date below. This Agreement Face Sheet; Special Terms & Conditions
(Attachment A); General Terms and Conditions (Attachment B); DHS Award Letter (Attachment C), Work Plan (Attachments D), Budget (Attachment E),
Timeline (Attachment F); and all other documents and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed
upon by the parties and govern the rights and obligations of the parties to this Agreement. No other understandings, oral or otherwise, regarding the subject
matter of this Agreement shall be deemed to exist or to bind any of the parties.
In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following
order:
1. Applicable federal and state statutes and regulations 4. Special Terms and Conditions
2. DHS/FEMA Award and program documents 5. General Terms and Conditions, and,
3. Work Plan, Timeline, and Budget 6. Other provisions of the Agreement incorporated by reference.
WHEREAS, the parties have executed this Agreement on the day and year last specified below.
FOR THE DEPARTMENT: FOR THE SUBRECIPIENT:
Signature Date Signature Date
Regan Anne Hesse, Chief Financial Officer Thomas McLeodAllan Ekberg, Mayor
Washington Military Department City of Tukwila
BOILERPLATE APPROVED TO FORM: APPROVED AS TO FORM (if applicable):
Alex Staub 10/25/2023
Assistant Attorney General
Signature Date
DHS-FEMA-SLCGP-FY22
Page 1 of 36
City of Tukwila, E24-i25
Attachment A
SPECIAL TERMS AND CONDITIONS
ARTICLE I. KEY PERSONNEL
The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any
substitution of key personnel by either party shall be made by written notification to the current key personnel.
SUBRECIPIENT
DEPARTMENT
Name
Joel Bush
Name
Deborah Henderson
Title
Chief Technology Officer
Title
Program Coordinator
Email
Joel.Bush@TukwilaWA.gov
Email
deborah.henderson@mil.wa.gov
Phone
206-919-5943
Phone
253-512-7470
Name
Eric Compton
Name
Sierra Wardell
Title
Franchise Analyst
Title
Financial Operations Section Manager
Email
Eric.Compton@TukwilaWA.gov
Email
sierra.wardell@mil.wa.gov
Phone
206-454-7574 / 206-396-2767
Phone
253-512-7121
Name
Name
Grant Miller
Title
Title
Program Assistant
Email
Email
grant.miller@mil.wa.gov
Phone
Phone
253-512-7145
ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and
program guidance identified or referenced in this Agreement and the informational documents published by
DHS/FEMA applicable to the 22SLCGP, including, but not limited to, all criteria, restrictions, and requirements
of "The Department of Homeland Security Notice of Funding Opportunity Fiscal Year 2022 State and Local
Cybersecurity Grant Program" (hereafter "the NOFO") document, the DHS Award Letter for the Grant, and the
federal regulations commonly applicable to DHS/FEMA grants, all of which are incorporated herein by reference.
The DHS Award Letter is incorporated in this Agreement as Attachment C.
The Subrecipient acknowledges that since this Agreement involves federal award funding, the period of
performance may begin prior to the availability of appropriated federal funds. The Subrecipient agrees that it will
not hold the Department, the State of Washington, or the United States liable for any damages, claim for
reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to
distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount.
A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS:
The following requirements apply to all DHS/FEMA Preparedness Grants administered by the Department.
1. SUBAWARDS & CONTRACTS BY SUBRECIPIENTS
a. The Subrecipient must make a case -by -case determination whether each agreement it makes for
the disbursement of 22SLCGP funds received under this Agreement casts the party receiving the
funds in the role of a subrecipient or contractor in accordance with 2 CFR 200.331.
b. If the Subrecipient also becomes a pass -through entity by making a subaward to a non-federal
entity as its subrecipient, the Subrecipient must make a case -by -case determination whether each
agreement it makes for the disbursement of 22SLCGP funds received under this Agreement casts
the party receiving the funds in the role of a subrecipient or contractor in accordance with 2 CFR
200.330.
i. The Subrecipient must comply with all federal laws and regulations applicable to pass -
through entities of 22SLCGP funds, including, but not limited to, those contained in 2 CFR
200.
ii. The Subrecipient shall require its subrecipient(s) to comply with all applicable state and
federal laws, rules, regulations, requirements and program guidance identified or referenced
in this Agreement and the informational documents published by DHS/FEMA applicable to
the 22SLCGP Program, including, but not limited to, all criteria, restrictions, and
1 266-FEMA-SLCGP-FY22
Page 2 of 36 City of Tukwila, E24-202
requirements of the NOFO , the DHS Award Letter for the Grant in Attachment C, and the
federal regulations commonly applicable to DHS/FEMA grants.
iii. The Subrecipient shall be responsible to the Department for ensuring that all 22SLCGP
federal award funds provided to its subrecipients are used in accordance with applicable
federal and state statutes and regulations, and the terms and conditions of the federal award
set forth in Attachment C of this Agreement.
2. BUDGET, REIMBURSEMENT, AND TIMELINE
a. Within the total Grant Agreement Amount, travel, subcontracts, salaries, benefits, printing,
equipment, and other goods and services or other budget categories will be reimbursed on an
actual cost basis upon completion unless otherwise provided in this Agreement.
b. The maximum amount of all reimbursement requests permitted to be submitted under this
Agreement, including the final reimbursement request, is limited to and shall not exceed the total
Grant Agreement Amount.
c. If the Subrecipient chooses to include indirect costs within the Budget (Attachment E), additional
documentation is required based on the applicable situation. As described in 2 CFR 200.414 and
Appendix VII to 2 CFR 200:
i. If the Subrecipient receives direct funding from any Federal agency(ies), documentation of
the rate must be submitted to the Department Key Personnel per the following:
A. More than $35 million, the approved indirect cost rate agreement negotiated with its
federal cognizant agency.
B. Less than $35 million, the indirect cost proposal developed in accordance with
Appendix VII of 2 CFR 200 requirements.
ii. If the Subrecipient does not receive direct federal funds (i.e., only receives funds as a
subrecipient), the Subrecipient must either elect to charge a de minimis rate of ten percent
(10%) or 10% of modified total direct costs or choose to negotiate a higher rate with the
Department. If the latter is preferred, the Subrecipient must contact Department Key
Personnel for approval steps.
d. For travel costs, the Subrecipient shall comply with 2 CFR 200.475 and should consult their
internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing
or amended, and federal maximum rates set forth at https://www.gsa.gov, and follow the most
restrictive. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed
without prior written approval by Department Key Personnel.
e. Reimbursement requests will include a properly completed State A-19 Invoice Form and
Reimbursement Spreadsheet (in the format provided by the Department) detailing the
expenditures for which reimbursement is sought. Reimbursement requests must be submitted to
Reimbursements(a�mil.wa.gov no later than the due dates listed within the Timeline (Attachment
F).
Reimbursement request totals should be commensurate to the time spent processing by the
Subrecipient and the Department.
f. Receipts and/or backup documentation for any approved items that are authorized under this
Agreement must be maintained by the Subrecipient consistent with record retention requirements
of this Agreement and be made available upon request by the Department, and federal, state,
and local auditors.
g•
The Subrecipient must request prior written approval from Department Key Personnel to waive
or extend a due date in the Timeline (Attachment F). For waived or extended reimbursement due
dates, all allowable costs should be submitted on the next scheduled reimbursement due date
contained in the Timeline. Waiving or missing deadlines serves as an indicator for assessing an
agency's level of risk of noncompliance with the regulations, requirements, and the terms and
conditions of the Agreement and may increase required monitoring activities. Any request for a
waiver or extension of a due date in the Timeline will be treated as a request for Amendment of
DHS-FEMA-SLCGP-FY22
Page 3 of 36 City of Tukwila, E24-i27
j•
the Agreement. This request must be submitted to the Department Key Personnel sufficiently in
advance of the due date to provide adequate time for Department review and consideration and
may be granted or denied within the Department's sole discretion.
h. All work under this Agreement must end on or before the Grant Agreement End Date, and the
final reimbursement request must be submitted to the Department within the time period notated
in the Timeline (Attachment F), except as otherwise authorized by either (1) written amendment
of this Agreement or (2) written notification from the Department to the Subrecipient to provide
additional time for completion of the Subrecipient's subproject(s).
i. No costs for purchases of equipment/supplies will be reimbursed until the related
equipment/supplies have been received by the Subrecipient, its contractor, or any non-federal
entity to which the Subrecipient makes a subaward and is invoiced by the vendor.
Failure to submit timely, accurate, and complete reports and reimbursement requests as required
by this Agreement (including, but not limited to, those reports in the Timeline [Attachment F]) will
prohibit the Subrecipient from being reimbursed until such reports are submitted and the
Department has had reasonable time to conduct its review.
k. Final reimbursement requests will not be approved for payment until the Subrecipient is current
with all reporting requirements contained in this Agreement.
I. A written amendment will be required if the Subrecipient expects cumulative transfers among
solution area totals, as identified in the Budget (Attachment E), to exceed ten percent (10%) of
the Grant Agreement Amount. Any changes to solution area totals not in compliance with this
paragraph will not be reimbursed without approval from the Department.
m. Subrecipients shall only use federal award funds under this Agreement to supplement existing
funds and will not use them to replace (supplant) non-federal funds that have been budgeted for
the same purpose. The Subrecipient may be required to demonstrate and document that the
reduction in non-federal resources occurred for reasons other than the receipt or expected receipt
of federal funds.
3. REPORTING
a. With each reimbursement request, the Subrecipient shall report how the expenditures, for which
reimbursement is sought, relate to the Work Plan (Attachments D) activities in the format provided
by the Department.
b. With the final reimbursement request, the Subrecipient shall submit to the Department Key
Personnel a final report (in the format provided by the Department) describing all completed
activities under this Agreement.
c. The Subrecipient shall comply with the Federal Funding Accountability and Transparency Act
(FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended by section
6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and return to the
Department an Audit Certification/FFATA Form. This form is required to be completed once per
calendar year, per Subrecipient, and not per agreement. The Department's Contracts Office will
request the Subrecipient submit an updated form at the beginning of each calendar year in which
the Subrecipient has an active agreement.
4. EQUIPMENT AND SUPPLY MANAGEMENT
a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward shall
comply with 2 CFR 200.317 through 200.327 when procuring any equipment or supplies under
this Agreement, 2 CFR 200.313 for management of equipment, and 2 CFR 200.314 for
management of supplies, to include, but not limited to:
i. Upon successful completion of the terms of this Agreement, all equipment and supplies
purchased through this Agreement will be owned by the Subrecipient, or a recognized non-
federal entity to which the Subrecipient has made a subaward, for which a contract,
subrecipient grant agreement, or other means of legal transfer of ownership is in place.
ii. All equipment, and supplies as applicable, purchased under this Agreement will be recorded
and maintained in the Subrecipient's inventory system.
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iii. Inventory system records shall include:
A. Description of the property;
B. Manufacturer's serial number, model number, or other identification number;
C. Funding source for the property, including the Federal Award Identification Number
(FAIN) (Face Sheet, Box 11);
D. Assistance Listings Number (Face Sheet, Box 13);
E. Who holds the title;
F. Acquisition date;
G. Cost of the property and the percentage of federal participation in the cost;
H. Location, use and condition of the property at the date the information was reported;
I. Disposition data including the date of disposal and sale price of the property.
iv. The Subrecipient shall take a physical inventory of the equipment, and supplies as
applicable, and reconcile the results with the property records at least once every two years.
Any differences between quantities determined by the physical inspection and those shown
in the records shall be investigated by the Subrecipient to determine the cause of the
difference. The Subrecipient shall, in connection with the inventory, verify the existence,
current utilization, and continued need for the equipment.
v. The Subrecipient shall be responsible for any and all operational and maintenance
expenses and for the safe operation of the equipment and supplies including all questions
of liability. The Subrecipient shall develop appropriate maintenance schedules and
procedures to ensure the equipment, and supplies as applicable, are well -maintained and
kept in good operating condition.
vi. The Subrecipient shall develop a control system to ensure adequate safeguards to prevent
loss, damage, and theft of the property. Any loss, damage, or theft shall be investigated,
and a report generated and sent to the Department's Key Personnel.
vii. The Subrecipient must obtain and maintain all necessary certifications and licenses for the
equipment.
viii. If the Subrecipient is authorized or required to sell the property, proper sales procedures
must be established and followed to ensure the highest possible return. For disposition, if
upon termination or at the Grant Agreement End Date, when original or replacement
supplies or equipment acquired under a federal award are no longer needed for the original
project or program or for other activities currently or previously supported by a federal
awarding agency, the Subrecipient must comply with the following procedures:
A. For Supplies: If there is a residual inventory of unused supplies exceeding $5,000 in
total aggregate value upon termination or completion of the project or program and the
supplies are not needed for any other federal award, the Subrecipient must retain the
supplies for use on other activities or sell them, but must, in either case, compensate
the federal government for its share. The amount of compensation must be computed
in the same manner as for equipment.
B. For Equipment:
1) Items with a current per -unit fair -market value of five thousand dollars ($5,000) or
less may be retained, sold, transferred, or otherwise disposed of with no further
obligation to the federal awarding agency.
2) Items with a current per -unit fair -market value in excess of five thousand dollars
($5,000) may be retained or sold. The Subrecipient shall compensate the federal
awarding agency in accordance with the requirements of 2 CFR 200.313 (e) (2).
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ix. Records for equipment shall be retained by the Subrecipient for a period of six (6) years
from the date of the disposition, replacement, or transfer. If any litigation, claim, or audit is
started before the expiration of the six- (6-) year period, the records shall be retained by the
Subrecipient until all litigation, claims, or audit findings involving the records have been
resolved.
b. The Subrecipient shall comply with the Department's Purchase Review Process, which is
incorporated by reference and made part of this Agreement. No reimbursement will be provided
unless the appropriate approval has been received.
c. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory and/or
DHS/FEMA adopted standards to be eligible for purchase using federal award funds.
d. If funding is allocated to support emergency communications activities, the Subrecipient must
ensure that all projects comply with SAFECOM Guidance on Emergency Communications
Grants, located at https://www.cisa.gov/safecom/funding, including provisions on technical
standards that ensure and enhance interoperable communications.
e. Effective August 13, 2020, FEMA recipients and subrecipients, as well as their contractors and
subcontractors, may not obligate or expend any FEMA award funds to:
i. Procure or obtain any equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical
technology of any system;
ii. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or
service that uses covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology of any system; or
iii. Enter into, extend, or renew contracts with entities that use covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical
technology as part of any system.
This prohibition regarding certain telecommunications and video surveillance services or
equipment is mandated by section 889 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018) and 2 CFR 200.216, 200.327,
200.471, and Appendix 11 to 2CFR200. Recipients and subrecipients may use DHS/FEMA grant
funding to procure replacement equipment and services impacted by this prohibition, provided
the costs are otherwise consistent with the requirements of the NOFO.
Per subsections 889(f)(2)-(3) of the FY 2019 NDAA, and 2 CFR 200.216, covered
telecommunications equipment or services means:
i. Telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation, (or any subsidiary or affiliate of such entities);
ii. For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities);
iii. Telecommunications or video surveillance services provided by such entities or using such
equipment; or
iv. Telecommunications or video surveillance equipment or services produced or provided by
an entity that the Secretary of Defense, in consultation with the Director of National
Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be
an entity owned or controlled by, or otherwise connected to, the government of a covered
foreign country.
f. The Subrecipient must pass through equipment and supply management requirements that meet
or exceed the requirements outlined above to any non-federal entity to which the Subrecipient
makes a subaward of federal award funds under this Agreement.
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5. ENVIRONMENTAL AND HISTORICAL PRESERVATION
a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planning and
Historic Preservation (EHP) Program. EHP program information can be found at
https://www.fema.gov/grants/guidance-tools/environmental-historic all of which are incorporated
in and made a part of this Agreement.
b. Projects that have historical impacts or the potential to impact the environment, including, but
not limited to, construction of communication towers; modification or renovation of existing
buildings, structures, and facilities; or new construction, including replacement of facilities, must
participate in the DHS/FEMA EHP review process prior to project initiation. Modification of existing
buildings, including minimally invasive improvements such as attaching monitors to interior walls,
and training or exercises occurring outside in areas not considered previously disturbed also
require a DHS/FEMA EHP review before project initiation.
c. The EHP review process involves the submission of a detailed project description that includes
the entire scope of work, including any alternatives that may be under consideration, along with
supporting documentation so FEMA may determine whether the proposed project has the
potential to impact environmental resources and/or historic properties.
d. The Subrecipient agrees that, to receive any federal preparedness funding, all EHP compliance
requirements outlined in applicable guidance must be met. The EHP review process must be
completed and FEMA approval must be received by the Subrecipient before any work is
started for which reimbursement will be later requested. Expenditures for projects started before
completion of the EHP review process and receipt of approval by the Subrecipient may not be
reimbursed.
6. PROCUREMENT
The Subrecipient shall comply with all procurement requirements of 2 CFR 200.317 through 200.327
and as specified in the General Terms and Conditions (Attachment B, A.10).
a. For all contracts expected to exceed the simplified acquisition threshold, per 2CFR200.1, the
Subrecipient must notify the Department. The Department may request pre -procurement
documents, such as request for proposals, invitations for bids and independent cost estimates.
This requirement must be passed on to any non-federal entity to which the Subrecipient makes a
subaward, at which point the Subrecipient will be responsible for reviewing and approving sole
source justifications to any non-federal entity to which Subrecipient makes any award.
b. For all sole source contracts expected to exceed the micro -purchase threshold per 2 CFR 200.1,
the Subrecipient must submit justification to the Department for review and approval. This
requirement must be passed on to any non-federal entity to which the Subrecipient makes a
subaward, at which point the Subrecipient will be responsible for reviewing and approving sole
source justifications to any non-federal entity to which Subrecipient makes any award..
7. SUBRECIPIENT MONITORING
a. The Department will monitor the activities of the Subrecipient from award to closeout. The goal of
the Department's monitoring activities will be to ensure that subrecipients receiving federal pass -
through funds are in compliance with this Agreement, federal and state audit requirements,
federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR
Part 200 Subpart F.
b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient shall
complete and return to the Department an Audit Certification/FFATA form. Reporting
requirements are referenced in section 3.c.
c. Monitoring activities may include, but are not limited to:
i. Review of financial and performance reports;
ii. Monitoring and documenting the completion of Agreement deliverables;
iii. Documentation of phone calls, meetings (e.g., agendas, sign -in sheets, meeting minutes), e-
mails, and correspondence;
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iv. Review of reimbursement requests and supporting documentation to ensure allowability and
consistency with Agreement Work Plan (Attachments D-1, D-2, D-3), Budget (Attachment E),
and federal requirements;
v. Observation and documentation of Agreement -related activities, such as exercises, training,
events, and equipment demonstrations; and
vi. On -site visits to review equipment records and inventories, to verify source documentation for
reimbursement requests and performance reports, and to verify completion of deliverables.
d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined above, for
any non-federal entity to which the Subrecipient makes a subaward as a pass -through entity
under this Agreement.
e. Compliance will be monitored throughout the performance period to assess risk. Concerns will be
addressed through a corrective action plan.
8. LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI)
The Subrecipient must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition
against discrimination on the basis of national origin, which requires that subrecipients of federal
financial assistance take reasonable steps to provide meaningful access to persons with limited
English proficiency (LEP) to their programs and services. Providing meaningful access for persons
with LEP may entail providing language assistance services, including oral interpretation and written
translation. Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting
such organizations and entities in understanding their language access obligations. DHS published
the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance
Recipients Regarding Title VI Prohibition against National Origin Discrimination Affecting Limited
English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides
helpful information such as how a recipient can determine the extent of its obligation to provide
language services, selecting language services, and elements of an effective plan on language
assistance for LEP persons. For additional assistance and information regarding language access
obligations, please refer to the DHS Recipient Guidance at https://www.dhs.qov/quidance-published-
help-department-supported-organizations-provide-meaninqful-access-people-limited and additional
resources on https://www.lep.gov.
B. SLCGP SPECIFIC REQUIREMENTS
1 The Subrecipient must use SLCGP funds only to perform tasks as described in the Work Plan
(Attachments D) and the Subrecipient's approved application for funding incorporated into this
Agreement.
2. Subrecipients are required to complete the Nationwide Cybersecurity Review (NCSR)
https://www.cisecurity.orq/ms-isac/services/ncsr, a free, anonymous, annual self -assessment
designed to measure gaps and capabilities of a SLT's cybersecurity programs by December 1, 2023,
to benchmark and measure progress of improvement in their cybersecurity posture. Completion
should continue annually per the Timeline (Attachment F). For more information, visit Nationwide
Cybersecurity Review (NCSR) (cisecurity.orq).
3. Subrecipients are required to participate in free cyber hygiene services, specifically vulnerability
scanning and web application scanning. To register for these services, email
vulnerability@cisa.dhs.gov with the subject line "Requesting Cyber Hygiene Services — SLCGP" to
get started. Indicate in the body of your email that you are requesting this service as part of the
SLCGP. For more information, visit CISA's Cyber Hygiene Information Page.
4. Subrecipients may retain a maximum of up to five percent of the Grant agreement Amount for
management and administration (M&A) activities, directly relating to the management and
administration of SLCGP funds, such as financial management and monitoring.
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C. DHS TERMS AND CONDITIONS
As a subrecipient of 22SLCGP funding, the Subrecipient shall comply with all applicable DHS terms and
conditions of the 22SLCGP Award Letter and its incorporated documents, which are incorporated in and
made a part of this Agreement as Attachment C.
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Attachment B
Washington Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200
Subpart A (which is incorporated herein by reference), except as otherwise set forth below:
a. "Agreement" means this Grant Agreement.
b. "Department" means the Washington Military Department, as a state agency, any division,
section, office, unit or other entity of the Department, or any of the officers or other officials lawfully
representing that Department. The Department is a recipient of a federal award directly from a
federal awarding agency and is the pass -through entity making a subaward to a Subrecipient
under this Agreement.
c. "Investment" means the grant application submitted by the Subrecipient describing the project(s)
for which federal funding is sought and provided under this this Agreement. Such grant application
is hereby incorporated into this Agreement by reference.
d. "Monitoring Activities" means all administrative, financial, or other review activities that are
conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and
policies.
e. "Subrecipient" when capitalized is primarily used throughout this Agreement in reference to the
non-federal entity identified on the Face Sheet of this Agreement that has received a subaward
from the Department. However, the definition of "Subrecipient" is the same as in 2 CFR 200.1 for
all other purposes.
A.2 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or services to be provided
under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing
of such goods or services.
A.3 AMENDMENTS AND MODIFICATIONS
The Subrecipient or the Department may request, in writing, an amendment or modification of this
Agreement. However, such amendment or modification shall not be binding, take effect or be
incorporated herein until made in writing and signed by the authorized representatives of the Department
and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the
parties.
The Agreement performance period shall only be extended by (1) written notification of DHS/FEMA
approval of the Award performance period, followed up with a mutually agreed written amendment, or (2)
written notification from the Department to the Subrecipient to provide additional time for completion of
the Subrecipient's project(s).
A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET
SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part
35.
The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunication.
A.5 ASSURANCES
The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance
with all the applicable current federal, state and local laws, rules, and regulations.
A.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participating in this Agreement by any federal department or agency.
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The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion form located at http://mil.wa.gov/emergency-management-
division/qrants/requiredgrantforms. Any such form completed by the Subrecipient for this Agreement shall
be incorporated into this Agreement by reference.
Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal
debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will ensure
that potential contractors or subrecipients or any of their principals are not debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered
transactions" by any federal department or agency. "Covered transactions" include procurement
contracts for goods or services awarded under a non -procurement transaction (e.g., grant or cooperative
agreement) that are expected to equal or exceed $25,000, and subawards to subrecipients for any
amount. With respect to covered transactions, the Subrecipient may comply with this provision by
obtaining a certification statement from the potential contractor or subrecipient or by checking the System
for Award Management (https://sam.gov/SAM/) maintained by the federal government. The Subrecipient
also agrees not to enter into any arrangements or contracts with any party on the Washington State
Department of Labor and Industries' "Debarred Contractor List"
(https://secure.lni.wa.qov/debarandstrike/ContractorDebarList.aspx). The Subrecipient also agrees not
to enter into any agreements or contracts for the purchase of goods and services with any party on the
Department of Enterprise Services' "Debarred Vendor List"
(http://www.des.wa.gov/services/Contracting Purchasing/Business/Pages/Vendor-Debarment.aspx).
A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and
belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the
Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2)
that if any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as
applicable, the Subrecipient will require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This
certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into and is a prerequisite for making or entering into this transaction imposed by 31
U.S.C. 1352.
A.8 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not
responsible for determining compliance with, any and all applicable federal, state, and local laws,
regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited
to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended),
the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act
of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
(PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48
CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW
39.12), State Environmental Policy Act (RCW 43.21 C), Shoreline Management Act of 1971 (RCW 90.58),
State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in
Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order,
OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind,
cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is
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responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to
comply with applicable laws, regulations, executive orders, OMB Circulars or policies.
A.9 CONFLICT OF INTEREST
No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its
designees or agents; no member of the governing body of the jurisdiction in which the project is
undertaken or located; and no other official of the Subrecipient who exercises any functions or
responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary
gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Agreement.
The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a
provision prohibiting such interest pursuant to this provision.
A.10 CONTRACTING & PROCUREMENT
a. The Subrecipient shall use a competitive procurement process in the procurement and award of
any contracts with contractors or subcontractors that are entered into under the original
agreement award. The procurement process followed shall be in accordance with 2 CFR Part
200.318, General procurement standards, through 200.327, Contract provisions.
As required by Appendix II to 2 CFR Part 200, all contracts entered into by the Subrecipient under
this Agreement must include the following provisions, as applicable:
1) Contracts for more than the simplified acquisition threshold currently set at $250,000, which
is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and
the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908,
must address administrative, contractual, or legal remedies in instances where contractors
violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
2) All contracts in excess of $10,000 must address termination for cause and for convenience
by the non-federal entity including the manner by which it will be affected and the basis for
settlement.
3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part
60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity' (30 FR 12319,
12935, 3 CFR 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 CFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor."
4) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-federal
entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-
3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part
5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction"). 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, contractors must be
required to pay wages not Tess than once a week. The non-federal entity must place a copy
of the current prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The non-federal entity must report all suspected or
reported violations to the federal awarding agency. The contracts must also include a
provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR 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 that each contractor or Subrecipient must
be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or
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she is otherwise entitled. The non-federal entity must report all suspected or reported
violations to the federal awarding agency.
5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable,
all contracts awarded by the non-federal entity in excess of $100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.
3702 and 3704, as supplemented by Department of Labor regulations (29 CFR 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 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 surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of intelligence.
6) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the
definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or Subrecipient
wishes to enter into a contract with 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 must comply
with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements," and any implementing regulations issued by the awarding agency.
7) 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 non-federal award to agree to comply
with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42
U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387). Violations must be reported to the federal awarding agency and the Regional
Office of the Environmental Protection Agency (EPA).
8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2
CFR 180.220) must not be made to parties listed on the government -wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180
that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR
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
declared ineligible under statutory or regulatory authority other than Executive Order 12549.
9) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—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 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 connection with obtaining any federal award. Such disclosures are forwarded from
tier to tier up to the non-federal award.
10) Procurement of recovered materials — As required by 2 CFR 200.323, a non-federal entity
that is a state agency or agency of a political 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 CFR 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
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and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
11) Notice of federal awarding agency requirements and regulations pertaining to reporting.
12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in
data.
13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any books,
documents, papers, and records of the contractor which are directly pertinent to that specific
contract for the purpose of making audit, examination, excerpts, and transcriptions.
14) Retention of all required records for six years after the Subrecipient has made final payments
and all other pending matters are closed.
15) Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94-163, 89 Stat. 871).
16) Pursuant to Executive Order 13858 "Strengthening Buy -American Preferences for
Infrastructure Projects," and as appropriate and to the extent consistent with law, the non -
Federal entity should, to the greatest extent practicable under a Federal award, provide a
preference for the purchase, acquisition, or use of goods, products, or materials produced in
the United States, as required in 2 CFR Part 200.322, in every contract, subcontract,
purchase order, or sub -award that is chargeable against federal financial assistance awards.
17) Per 2 C.F.R. § 200.216, prohibitions regarding certain telecommunications and video
surveillance services or equipment are mandated by section 889 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-
232 (2018).
b. The Department reserves the right to review the Subrecipient's procurement plans and
documents and require the Subrecipient to make changes to bring its plans and documents into
compliance with the requirements of 2 CFR Part 200.317 through 200.327. The Subrecipient
must ensure that its procurement process requires contractors and subcontractors to provide
adequate documentation with sufficient detail to support the costs of the project and to allow both
the Subrecipient and Department to make a determination on eligibility of project costs.
c. All contracting agreements entered into pursuant to this Agreement shall incorporate this
Agreement by reference.
A.11 DISCLOSURE
The use or disclosure by any party of any information concerning the Department for any purpose not
directly connected with the administration of the Department's or the Subrecipient's responsibilities with
respect to services provided under this Agreement is prohibited except by prior written consent of the
Department or as required to comply with the state Public Records Act, other law or court order.
A.12 DISPUTES
Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties
and it cannot be resolved through discussion and negotiation, either party may request a dispute
resolution board to resolve the dispute. A request for a dispute resolution board shall be in writing, state
the disputed issues, state the relative positions of the parties, and be sent to all parties. The board shall
consist of a representative appointed by the Department, a representative appointed by the Subrecipient,
and a third party mutually agreed upon by both parties. The determination of the dispute resolution board
shall be final and binding on the parties hereto. Each party shall bear the cost for its member of the
dispute resolution board and its attorney fees and costs and share equally the cost of the third board
member.
A.13 LEGAL RELATIONS
It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
and gives no right to any other party. No joint venture or partnership is formed as a result of this
Agreement.
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To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold
harmless the Department, the state of Washington, and the United States Government and their
authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature
whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, subrecipients,
assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever
arising out of or in connection with any acts or activities authorized by this Agreement.
To the extent allowed by law, the Subrecipient further agrees to defend the Department and the state of
Washington and their authorized agents and employees in any litigation; including payment of any costs
or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts
or activities authorized by this Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be caused by the
sole negligence of the Department; provided, that if the claims or damages are caused by or result from
the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this
indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient,
or the Subrecipient's agents or employees.
Insofar as the funding source, FEMA, is an agency of the Federal government, the following shall apply:
44 CFR 206.9 Non -liability. The Federal government shall not be liable for any claim based upon the
exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the
part of a federal agency or an employee of the Federal government in carrying out the provisions of the
Stafford Act.
A.14 LIMITATION OF AUTHORITY — AUTHORIZED SIGNATURE
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement. Only the Department's Authorized Signature representative and the
Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally
designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or
waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of
any clause or condition of this Agreement is not effective or binding unless made in writing and signed
by both parties' Authorized Signature representatives, except as provided for time extensions in Article
A.3.
Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have
signature authority to sign reimbursement requests, time extension requests, amendment and
modification requests, requests for changes to projects or work plans, and other requests, certifications
and documents authorized by or required under this Agreement.
A.15 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Agreement and prior to normal completion or end date, the Department
may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as
a "Termination for Cause" without providing the Subrecipient an opportunity to cure. Alternatively, the
parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply
with new funding limitations and conditions, although the Department has no obligation to do so.
A.16 NONASSIGNABILITY
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
the Subrecipient.
A.17 NONDISCRIMINATION
During the performance of this agreement, the Subrecipient shall comply with all federal and state
nondiscrimination statutes and regulations. These requirements include, but are not limited to:
a. Nondiscrimination in Employment: The Subrecipient shall not discriminate against any employee or
applicant for employment because of race, color, sex, sexual orientation, religion, national origin,
creed, marital status, age, Vietnam era or disabled veteran status, or the presence of any sensory,
mental, or physical handicap. This requirement does not apply, however, to a religious corporation,
association, educational institution or society with respect to the employment of individuals of a
particular religion to perform work connected with the carrying on by such corporation, association,
educational institution or society of its activities.
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b. The Subrecipient shall take action to ensure that employees are employed and treated during
employment without discrimination because of their race, color, sex, sexual orientation religion,
national origin, creed, marital status, age, Vietnam era or disabled veteran status, or the presence of
any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the
following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for
training, including apprenticeships and volunteers.
A.18 NOTICES
The Subrecipient shall comply with all public notices or notices to individuals required by applicable local,
state and federal laws and regulations and shall maintain a record of this compliance.
A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT
(OSHA/WISHA)
The Subrecipient represents and warrants that its workplace does now or will meet all applicable federal
and state safety and health regulations that are in effect during the Subrecipient's performance under this
Agreement. To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless
the Department and its employees and agents from all liability, damages and costs of any nature,
including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a
result of the failure of the Subrecipient to so comply.
A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The Department makes no claim to any capital facilities or real property improved or constructed with
funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership
interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and
responsibilities arising from the ownership and operation of the project and agrees to defend, indemnify,
and hold the Department, the state of Washington, and the United States government harmless from any
and all causes of action arising from the ownership and operation of the project.
A.21 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue.
A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Agreement shall not be used in payment of any bonus or commission
for the purpose of obtaining approval of the application for such assistance or any other approval or
concurrence under this Agreement provided, however, that reasonable fees or bona fide technical
consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.23 PUBLICITY
The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity
matters relating to this Agreement wherein the Department's name is mentioned, or language used from
which the connection of the Department's name may, in the Department's judgment, be inferred or
implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the
prior written consent of the Department. The Subrecipient may copyright original work it develops in the
course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty -
free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize
others to use the work for government purposes.
Publication resulting from work performed under this Agreement shall include an acknowledgement of
FEMA's financial support, by the Assistance Listings Number (formerly CFDA Number), and a statement
that the publication does not constitute an endorsement by FEMA or reflect FEMA's views.
A.24 RECAPTURE PROVISION
In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable
federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department
reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right
of recapture shall exist for the life of the project following Agreement termination. Repayment by the
Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event
the Department is required to institute legal proceedings to enforce the recapture provision, the
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Page 16 of 36 City of Tukwila, E24-202
Department shall be entitled to its costs and expenses thereof, including attorney fees from the
Subrecipient.
A.25 RECORDS
a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all
other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's
contracts, subawards, grant administration, and payments, including all direct and indirect
charges, and expenditures in the performance of this Agreement (the "records").
b. The Subrecipient's records related to this Agreement and the projects funded may be inspected
and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or
their designees, by the Comptroller General of the United States or its designees, or by other
state or federal officials authorized by law, for the purposes of determining compliance by the
Subrecipient with the terms of this Agreement and to determine the appropriate level of funding
to be paid under the Agreement.
c. The records shall be made available by the Subrecipient for such inspection and audit, together
with suitable space for such purpose, at any and all times during the Subrecipient's normal
working day.
d. The Subrecipient shall retain and allow access to all records related to this Agreement and the
funded project(s) for a period of at least six (6) years following final payment and closure of the
grant under this Agreement. Despite the minimum federal retention requirement of three (3) years,
the more stringent State requirement of six (6) years must be followed.
A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN
While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan
(project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole
responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to
any third party, other than as is expressly set out in this Agreement.
The responsibility for the design, development, construction, implementation, operation and maintenance
of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is
responsibility for any claim or suit of any nature by any third party related in any way to the project.
Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal,
state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with
the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species
Act, and all other environmental laws, regulations, and executive orders.
The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may
be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the
Department, or to any state or federal agency, or to any of their employees or agents, for any
performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense
and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any
design, development, construction, implementation, operation and/or maintenance of a project.
A.27 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application
to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions
of the Agreement, which can be given effect without the invalid provision. To this end, the terms and
conditions of this Agreement are declared severable.
A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
The Subrecipient shall comply with and include the following audit requirements in any subawards.
Non-federal entities, as Subrecipients of a federal award, that expend $750,000 or more in one fiscal
year of federal funds from all sources, direct and indirect, are required to have a single or a program -
specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend
less than $750,000 a year in federal awards are exempt from federal audit requirements for that year,
except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term "non-federal entity"
means a state, local government, Indian tribe, institution of higher education, or nonprofit organization
that carries out a federal award as a recipient or subrecipient.
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Subrecipients that are required to have an audit must ensure the audit is performed in accordance with
Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing
Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB
Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting
an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office,
a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the
audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425.
The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement
and shall ensure that any subcontractors also maintain auditable records. The Subrecipient is responsible
for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any
unresolved management findings and disallowed or questioned costs shall be included with the audit
report. The Subrecipient must respond to Department requests for information or corrective action
concerning audit issues or findings within 30 days of the date of request. The Department reserves the
right to recover from the Subrecipient all disallowed costs resulting from the audit.
After the single audit has been completed, and if it includes any audit findings, the Subrecipient must
send a full copy of the audit and its Corrective Action Plan to the Department at the following address no
later than nine (9) months after the end of the Subrecipient's fiscal year(s):
Contracts Office
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
OR
Contracts.Office(a�mil.wa.gov
The Department retains the sole discretion to determine whether a valid claim for an exemption from the
audit requirements of this provision has been established.
Conducting a single or program -specific audit in compliance with 2 CFR Part 200 Subpart F is a material
requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements
of 2 CFR Part 200 Subpart F, the Subrecipient's failure to comply with said audit requirements may result
in one or more of the following actions in the Department's sole discretion: a percentage of federal awards
being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding
or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
A.29 SUBRECIPIENT NOT EMPLOYEE
The Subrecipient, and/or employees or agents performing under this Agreement, are not employees or
agents of the Department in any manner whatsoever. The Subrecipient will not be presented as nor
claim to be an officer or employee of the Department or of the State of Washington by reason hereof, nor
will the Subrecipient make any claim, demand, or application to or for any right, privilege or benefit
applicable to an officer or employee of the Department or of the State of Washington, including, but not
limited to, Workers' Compensation coverage, unemployment insurance benefits, social security benefits,
retirement membership or credit, or privilege or benefit which would accrue to a civil service employee
under Chapter 41.06 RCW; OFM Reg. 4.3.1.1.8.
It is understood that if the Subrecipient is another state department, state agency, state university, state
college, state community college, state board, or state commission, that the officers and employees are
employed by the State of Washington in their own right.
If the Subrecipient is an individual currently employed by a Washington State agency, the Department
shall obtain proper approval from the employing agency or institution before entering into this contract.
A statement of "no conflict of interest" shall be submitted to the Department.
A.30 TAXES, FEES AND LICENSES
Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain
in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and
expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are
applicable to Agreement performance.
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A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by
providing written notice of such termination to the Department Key Personnel identified in the Agreement,
specifying the effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best
interests of the state of Washington, may terminate this Agreement in whole or in part ten (10) business
days after emailing notice to the Subrecipient. Upon notice of termination for convenience, the
Department reserves the right to suspend all or part of the Agreement, withhold further payments, or
prohibit the Subrecipient from incurring additional obligations of funds. In the event of termination, the
Subrecipient shall be liable for all damages as authorized by law. The rights and remedies of the
Department provided for in this section shall not be exclusive and are in addition to any other rights and
remedies provided by law.
A.32 TERMINATION OR SUSPENSION FOR LOSS OF FUNDING
The Department may unilaterally terminate or suspend all or part of this Grant Agreement, or may reduce
its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such
funds are the basis for this Grant Agreement. The Department will email the Subrecipient ten (10)
business days prior to termination.
A.33 TERMINATION OR SUSPENSION FOR CAUSE
In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a
timely and proper manner its obligations under this Agreement, is in an unsound financial condition so
as to endanger performance hereunder, is in violation of any laws or regulations that render the
Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants,
agreements or stipulations of this Agreement, the Department has the right to immediately suspend or
terminate this Agreement in whole or in part.
The Department may notify the Subrecipient in writing of the need to take corrective action and provide
a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity
to cure if it is not feasible as determined solely within the Department's discretion. Any time allowed for
cure shall not diminish or eliminate the Subrecipient's liability for damages or otherwise affect any other
remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure,
the Department shall notify the Subrecipient in writing of the need to take corrective action. If the
corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department,
or if such corrective action is deemed by the Department to be insufficient, the Agreement may be
terminated in whole or in part.
The Department reserves the right to suspend all or part of the Agreement, withhold further payments,
or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the
alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a
decision by the Department to terminate the Agreement in whole or in part.
In the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including,
but not limited to, any cost difference between the original Agreement and the replacement or cover
Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of
administering the competitive solicitation process, mailing, advertising and other associated staff time.
The rights and remedies of the Department provided for in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law.
If it is determined that the Subrecipient: (1) was not in default or material breach, or (2) failure to perform
was outside of the Subrecipient's control, fault or negligence, the termination shall be deemed to be a
termination for convenience.
A.34 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the Department terminates this Agreement, the
Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this
Agreement and in addition to any other rights provided in this Agreement, the Department may require
the Subrecipient to deliver to the Department any property specifically produced or acquired for the
performance of such part of this Agreement as has been terminated.
If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon
price, if separately stated, for properly authorized and completed work and services rendered or goods
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delivered to and accepted by the Department prior to the effective date of Agreement termination, the
amount agreed upon by the Subrecipient and the Department for (i) completed work and services and/or
equipment or supplies provided for which no separate price is stated, (ii) partially completed work and
services and/or equipment or supplies provided which are accepted by the Department, (iii) other work,
services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and
preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this
Agreement. If the termination is for cause, the Department shall determine the extent of the liability of the
Department. The Department shall have no other obligation to the Subrecipient for termination. The
Department may withhold from any amounts due the Subrecipient such sum as the Department
determines to be necessary to protect the Department against potential loss or liability.
The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in
addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the Department in writing,
the Subrecipient shall:
a. Stop work under the Agreement on the date, and to the extent specified, in the notice;
b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities
in relation to this Agreement except as may be necessary for completion of such portion of the
work under the Agreement as is not terminated;
c. Assign to the Department, in the manner, at the times, and to the extent directed by the
Department, all of the rights, title, and interest of the Subrecipient under the orders and contracts
so terminated, in which case the Department has the right, at its discretion, to settle or pay any
or all claims arising out of the termination of such orders and contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders and
contracts, with the approval or ratification of the Department to the extent the Department may
require, which approval or ratification shall be final for all the purposes of this clause;
e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed
by the Department any property which, if the Agreement had been completed, would have been
required to be furnished to the Department;
f. Complete performance of such part of the work as shall not have been terminated by the
Department in compliance with all contractual requirements; and
Take such action as may be necessary, or as the Department may require, for the protection and
preservation of the property related to this Agreement which is in the possession of the
Subrecipient and in which the Department has or may acquire an interest.
A.35 MINORITY AND WOMEN -OWNED BUSINESS ENTERPRISES
In accordance with the legislative findings and policies set forth in Chapter 39.19 RCW, the State of
Washington encourages participation in all its contracts by MWBE firms certified by the Office of Minority
and Women's Business Enterprises (OMWBE). To the extent possible, the Subrecipient will solicit and
encourage minority -owned and women -owned business enterprises who are certified by the OMWBE
under the state of Washington certification program to apply and compete for work under this contract.
Voluntary numerical MWBE participation goals have been established and are indicated herein: Minority
Business Enterprises: (MBE's): 10% and Woman's Business Enterprises (WBE's): 6%.
A.36 VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and performance
shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising
out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient, by
execution of this Agreement, acknowledges the jurisdiction of the courts of the state of Washington.
A.37 WAIVERS
No conditions or provisions of this Agreement can be waived unless approved in advance by the
Department in writing. The Department's failure to insist upon strict performance of any provision of the
Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance
during such breach, shall not constitute a waiver of any right under this Agreement.
g.
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Page 20 of 36 City of Tukwila, E24-202
Attachment C
22SLCGP Award Letter
EMW-2022-CY-00017
U.S. Department of Homeland Security
Washington, D.C. 20472
Bret Daugherty
Washington Military Department
Building 20
Camp Murray, WA 98430 - 5122
Re: Grant No.EMW-2022-CY-00017
Dear Bret Daugherty:
Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under
the Fiscal Year (FY) 2022 State and Local Cybersecurity Grant Program has been approved in the amount of $3,666,530.00.
As a condition of this award, you are required to contribute a cost match in the amount of $407,393.00 of non -Federal funds,
or 10 percent of the total approved project costs of $4,073,923.00.
Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award. By
accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your
award:
• Agreement Articles (attached to this Award Letter)
• Obligating Document (attached to this Award Letter)
• FY 2022 State and Local Cybersecurity Grant Program Notice of Funding Opportunity
• Information Bulletin 479: Updated Fiscal Year 2022 State and Local Cybersecurity Grant Program Allocation Amounts
Please make sure you read, understand, and maintain a copy of these documents in your official file for this award.
In order to establish acceptance of the award and its terms, please follow these instructions:
Step 1: Please log in to the ND Grants system at https://portal.fema.gov.
Step 2: After logging in, you will see the Home page with a Pending Tasks menu. Click on the Pending Tasks menu, select the
Application sub -menu, and then click the link for "Award Offer Review" tasks. This link will navigate you to Award Packages
that are pending review.
Step 3: Click the Review Award Package icon (wrench) to review the Award Package and accept or decline the award. Please
save or print the Award Package for your records.
System for Award Management (SAM): Grant recipients are to keep all of their information up to date in SAM, in particular,
your organization's name, address, Unique Entity Identifier (UEI) number, EIN and banking information. Please ensure that
the UEI number used in SAM is the same one used to apply for all FEMA awards. Future payments will be contingent on the
information provided in the SAM; therefore, it is imperative that the information is correct. The System for Award Management
is located at http://www.sam.gov.
If you have any questions or have updated your information in SAM, please let your Grants Management Specialist (GMS)
know as soon as possible. This will help us to make the necessary updates and avoid any interruptions in the payment
process.
PAMELA SUSAN WILLIAMS
DHS-FEMA-SLCGP-FY22
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Agreement Articles
Thu Dec 01 00:00:00 UTC 2022
U.S. Department of Homeland Security
Washington, D.C. 20472
AGREEMENT ARTICLES
State and Local Cybersecurity Grant Program
GRANTEE: Washington Military Department
PROGRAM: State and Local Cybersecurity Grant
Program
AGREEMENT NUMBER: EMW-2022-CY-00017-S01
TABLE OF CONTENTS
Article I Summary Description of Award
Article II SLCGP Performance Goal
Article III Cybersecurity Plan Pending Submission and Approval
Article IV Committee Membership List Pending Submission or Approval
Article V DHS Standard Terms and Conditions Generally
Article VI Assurances, Administrative Requirements, Cost Principles,
Representations and Certifications
Article VII General Acknowledgements and Assurances
Article VII I Acknowledgement of Federal Funding from DHS
Article IX Activities Conducted Abroad
Article X Age Discrimination Act of 1975
Article XI Americans with Disabilities Act of 1990
Article XII Best Practices for Collection and Use of Personally
Identifiable Information
Article XI I I Civil Rights Act of 1964 - Title VI
Article XIV Civil Rights Act of 1968
Article XV Copyright
Article XVI Debarment and Suspension
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Article XVII Drug -Free Workplace Regulations
Article XVIII Duplication of Benefits
Article XIX Education Amendments of 1972 (Equal Opportunity in
Education Act) - Title IX
Article XX Energy Policy and Conservation Act
Article XXI False Claims Act and Program Fraud Civil Remedies
Article XXII Federal Debt Status
Article XXIII Federal Leadership on Reducing Text Messaging while
Driving
Article XXIV Fly America Act of 1974
Article XXV Hotel and Motel Fire Safety Act of 1990
Article XXVI John S. McCain National Defense Authorization Act of Fiscal
Year 2019
Article )(VI I Limited English Proficiency (Civil Rights Act of 1964 - Title VI)
Article )XVIII Lobbying Prohibitions
Article XXIX National Environmental Policy Act
Article XXX Nondiscrimination in Matters Pertaining to Faith -Based
Organizations
Article XXXI Non -Supplanting Requirement
Article XXXII Notice of Funding Opportunity Requirements
Article XXXIII Patents and Intellectual Property Rights
Article XXXIV Procurement of Recovered Materials
Article XXXV Rehabilitation Act of 1973
Article XXXVI Reporting of Matters Related to Recipient Integrity and
Performance
Article XXXVII Reporting Subawards and Executive Compensation
Article XXXVIII Required Use of American Iron, Steel, Manufactured
Products, and Construction Materials
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Article XXXIX SAFECOM
Article XL Terrorist Financing
Article XLI Trafficking Victims Protection Act of 2000 (TVPA)
Article XLII Universal Identifier and System of Award Management
Article XLIII USA PATRIOT Act of 2001
Article XLIV Use of DHS Seal, Logo and Flags
Article XLV Whistleblower Protection Act
Article XLVI Environmental Planning and Historic Preservation (EHP)
Review
Article XLVII Applicability of DHS Standard Terms and Conditions to
Tribes
Article XLVIII
Article XLIX
Article L
Article LI
Article I - Summary Description of Award
Acceptance of Post Award Changes
Disposition of Equipment Acquired Under the Federal Award
Prior Approval for Modification of Approved Budget
Indirect Cost Rate
The purpose of the Fiscal Year 2022 State and Local Cybersecurity Grant Program (SLCGP) is to assist state, local, and
territorial (SLT) governments with managing and reducing systemic cyber risk. Through funding from the Infrastructure
Investment and Jobs Act, also known as the Bipartisan Infrastructure Law, the SLCGP enables DHS to make targeted
cybersecurity investments in SLT government agencies, thus improving the security of critical infrastructure and improving
the resilience of the services SLT governments provide their community. This SLCGP award provides funding in the amount
of: $3,666,530 for the state of Washington. Of this amount, up to $183,326 can be retained by the State Administrative Agency
(SAA) for management and administrative expenses, and a total of $407,393 is the required cost share.
The terms of the approved Investment Justification(s) and Budget Detail Worksheet(s) submitted by the recipient are
incorporated into the terms of this Federal award, subject to the additional description and limitations stated in this Agreement
Article and the limitations stated in subsequent reviews by FEMA and CISA of the award budget. Post -award documents
uploaded into ND Grants for this award are also incorporated into the terms and conditions of this award, subject to any
limitations stated in subsequent approvals by FEMA and CISA of changes to the award. Investments not listed in this
Agreement Article are not approved for funding under this award.
Article II - SLCGP Performance Goal
In addition to the Performance Progress Report (PPR) submission requirements due January 30, outlined in NOFO Appendix
A-11, recipients must demonstrate how the grant -funded projects address the capability gaps identified in their Cybersecurity
Plan or other relevant documentation or sustains existing capabilities per the CISA-approved Investment Justification. The
capability gap reduction or capability sustainment must be addressed in the PPR, Section 10. Performance Narrative.
Article III - Cybersecurity Plan Pending Submission and Approval
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FEMA has placed a funding hold on $3,486,554 in the FEMA financial systems. The recipient is prohibited from obligating,
expending, or drawing down these funds.
To release this hold, the recipient is required to submit a Cybersecurity Plan for approval by CISA. Please contact CISA at
SLCGPInfo@cisa.dhs.gov to receive further guidance on the steps required for Cybersecurity Plan approval.
If you have questions about this funding hold or believe it was placed in error, please contact your FEMA GPD Headquarters
Preparedness Officer, Essence Cleveland at Essence.Cleveland@fema.dhs.gov.
Article IV - Committee Membership List Pending Submission or Approval
FEMA has placed a funding hold on this award, and the amount of $3,486,554 is on hold in the FEMA financial systems. The
recipient is prohibited from obligating, expending, or drawing down funds until the Committee Membership List is submitted
and approved.
To release this hold, the recipient is required to submit the Committee Membership List, and receive approval of the
Membership List from CISA. Please contact CISA at SLCGPInfo@cisa.dhs.gov to receive further guidance on the steps
required to release this hold.
If you have questions about this funding hold or believe it was placed in error, please contact your FEMA GPD Headquarters
Preparedness Officer, Essence Cleveland at Essence.Cleveland@fema.dhs.gov.
Article V - DHS Standard Terms and Conditions Generally
The Fiscal Year (FY) 2022 DHS Standard Terms and Conditions apply to all new federal financial assistance awards funded
in FY 2022. These terms and conditions flow down to subrecipients unless an award term or condition specifically indicates
otherwise. The United States has the right to seek judicial enforcement of these obligations.
All legislation and digital resources are referenced with no digital links. The FY 2022 DHS Standard Terms and Conditions will
be housed on dhs.gov at www.dhs.gov/publication/fyl5-dhs-standard-terms-and-conditions.
Article VI - Assurances, Administrative Requirements, Cost Principles, Representations and Certifications
I. DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form
424B Assurances - Non -Construction Programs, or OMB Standard Form 424D Assurances - Construction Programs, as
applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance
office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as
instructed by the awarding agency.
II. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations
(C.F.R.) Part 200 and adopted by DHS at 2 C.F.R. Part 3002.
III. By accepting this agreement,recipients,andtheirexecutives,as defined in 2 C.F.R.section170.315, certifythat their policies
are in accordance with OMB's guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive
guidance.
Article VII - General Acknowledgements and Assurances
All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable
provisions governing DHS access to records, accounts, documents, information, facilities, and staff.
I. Recipients must cooperate with any DHS compliance reviews or compliance investigations conducted by DHS.
II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information
related to the federal financial assistance award and permit access to facilities or personnel.
III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate
backup documentation to support the reports.
IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law,
or detailed in program guidance.
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V. Recipients (as defined in 2 C.F.R. Part 200 and including recipients acting as pass -through entities) of federal financial
assistance from DHS or one of its awarding component agencies must complete the DHS Civil Rights Evaluation Tool
within thirty (30) days of receipt of the Notice of Award for the first award under which this term applies. Recipients of
multiple awards of DHS financial assistance should only submit one completed tool for their organization, not per award.
After the initial submission, recipients are required to complete the tool once every two (2) years if they have an active
award, not every time an award is made. Recipients should submit the completed tool, including supporting materials, to
CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained
in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The
evaluation tool can be found at https://www.dhs.gov/publication/dhs-civil-rights-evaluation-tool.
The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient
identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to
CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30-day deadline.
Article VIII - Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid
invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
Article IX - Activities Conducted Abroad
Recipients must ensure that project activities performed outside the United States are coordinated as necessary with
appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
Article X - Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Public Law 94-135 (1975) (codified as
amended at Title 42, U.S. Code, section 6101 et seq.), which prohibits discrimination on the basis of age in any program or
activity receiving federal financial assistance.
Article XI - Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. 101-336
(1990) (codified as amended at 42 U.S.C. sections 12101 - 12213), which prohibits recipients from discriminating on the basis
of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and
certain testing entities.
Article XII - Best Practices for Collection and Use of Personally Identifiable Information
Recipients who collect personally identifiable information (PII) are required to have a publicly available privacy policy that
describes standards on the usage and maintenance of the PII they collect. DHS defines PII as any information that permits the
identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual.
Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources
respectively.
Article XIII - Civil Rights Act of 1964 - Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C.
section 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin,
be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity
receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R.
Part 7.
Article XIV - Civil Rights Act of 1968
Recipients must comply with Title VI I I of the Civil Rights Act of 1968, Pub. L. 90-284, as amended through Pub. L. 113-4,
which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of
services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see
42 U.S.C. section 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R.
Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more
dwelling units - i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and
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ground -floor units in buildings without elevators) - be designed and constructed with certain accessible features. (See 24
C.F.R. Part 100, Subpart D.)
Article XV - Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. sections 401 or 402 and an acknowledgement of U.S.
Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.
Article XVI - Debarment and Suspension
Recipients are subject to the non -procurement debarment and suspension regulations implementing Executive Orders (E.O.)
12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3002. These regulations restrict
federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise
excluded from or ineligible for participation in federal assistance programs or activities.
Article XVII - Drug -Free Workplace Regulations
Recipients must comply with drug -free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2
C.F.R. Part 3001, which adopts the Government -wide implementation (2 C.F.R. Part 182) of Sec. 5152-5158 of the Drug -Free
Workplace Act of 1988 (41 U.S.C. sections 8101-8106).
Article XVIII - Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not
be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by
federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these
prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with
existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
Article XIX - Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX
Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-318 (1972)
(codified as amended at 20 U.S.C. section 1681 et seq.), which provide that no person in the United States will, on the basis
of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational
program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and
44 C.F.R. Part 19.
Article XX - Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. 94- 163 (1975) (codified as
amended at 42 U.S.C. section 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state
energy conservation plan issued in compliance with this Act.
Article XXI - False Claims Act and Program Fraud Civil Remedies
Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. sections 3729- 3733, which prohibit the
submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. sections 3801-3812, which
details the administrative remedies for false claims and statements made.)
Article XXII - Federal Debt Status
All recipients are required to be non -delinquent in their repayment of any federal debt. Examples of relevant debt include
delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.)
Article XXIII - Federal Leadership on Reducing Text Messaging while Driving
Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513,
including conducting initiatives described in Section 3(a) of the Order when on official government business or when
performing any work for or on behalf of the Federal Government.
Article XXIV - Fly America Act of 1974
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Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C.) for
international air transportation of people and property to the extent that such service is available, in accordance with the
International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. section 40118, and the interpretative
guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General
Decision B-138942.
Article XXV - Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal
funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15
U.S.C. section 2225a.
Article XXVI - John S. McCain National Defense Authorization Act of Fiscal Year 2019
Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of
the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and
2 C.F.R. sections 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August 13, 2020, the statute
- as it applies to DHS recipients, subrecipients, and their contractors and subcontractors - prohibits obligating or expending
federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for
national security reasons.
Article XXVII - Limited English Proficiency (Civil Rights Act of 1964 - Title VI)
Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. section 2000d et seq.) prohibition against
discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable
steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For
additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance:
https://www. dhs. gov/guidance-published-help-department-supported-organizations-provide-meaningful-access-people-limited
and additional resources on http://www.lep.gov.
Article XXVIII - Lobbying Prohibitions
Recipients must comply with 31 U.S.C. section 1352, which provides that none of the funds provided under a federal financial
assistance award may be expended by the recipient to pay any person to 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 any federal action related to a federal award or contract, including any extension, continuation,
renewal, amendment, or modification.
Article XXIX - National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of 1969, (NEPA) Pub. L. 91-190
(1970) (codified as amended at 42 U.S.C. section 4321 et seq.) and the Council on Environmental Quality (CEQ) Regulations
for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their
authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which
people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future
generations of Americans.
Article XXX - Nondiscrimination in Matters Pertaining to Faith -Based Organizations
It is DHS policy to ensure the equal treatment of faith -based organizations in social service programs administered or
supported by DHS or its component agencies, enabling those organizations to participate in providing important social
services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R.
Part 19 and other applicable statues, regulations, and guidance governing the participations of faith -based organizations in
individual DHS programs.
Article XXXI - Non -Supplanting Requirement
Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure
that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal
sources.
Article XXXII - Notice of Funding Opportunity Requirements
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All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this
program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such
requirements set forth in the program NOFO.
Article XXXIII - Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. section 200 et seq, unless otherwise provided by law. Recipients are
subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents
resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located
at 37 C.F.R. section 401.14.
Article XXXIV - Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act,
Pub. L. 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. section 6962.)
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.
Article XXXV - Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (1973) (codified
as amended at 29 U.S.C. section 794), which provides that no otherwise qualified handicapped individuals in the United
States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial assistance.
Article XXXVI - Reporting of Matters Related to Recipient Integrity and Performance
General Reporting Requirements:
If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding
agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the
recipients must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient
Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by
reference in the award terms and conditions.
Article XXXVII - Reporting Subawards and Executive Compensation
Reporting of first tier subawards:
Recipients are required to comply with the requirements set forth in the government -wide award term on Reporting Subawards
and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference
in the award terms and conditions.
Article XXXVIII - Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
Recipients and subrecipients must comply with the Build America, Buy America Act (BABAA), which was enacted as part
of the Infrastructure Investment and Jobs Act Sections 70901-70927, Pub. L. No. 117-58 (2021); and Executive Order
14005, Ensuring the Future is Made in All of America by All of America's Workers. See also Office of Management and
Budget (OMB), Memorandum M-22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal
Financial Assistance Programs for Infrastructure.
Recipients and subrecipients of federal financial assistance programs for infrastructure are hereby notified that none of the
funds provided under this award may be used for a project for infrastructure unless:
(1) all iron and steel used in the project are produced in the United States --this means all manufacturing processes, from the
initial melting stage through the application of coatings, occurred in the United States;
(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 manufactured product that are mined, produced, or
manufactured in the United States is greater than 55 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
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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.
The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or
affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding,
brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America
preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are
used at or within the finished infrastructure project, but are not an integral part of the structure or permanently affixed to the
infrastructure project.
Waivers
When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements.
(a) When the federal agency has made a determination that one of the following exceptions applies, the awarding official may
waive the application of the domestic content procurement preference in any case in which the agency determines that:
(1) applying the domestic content procurement preference would be inconsistent with the public interest;
(2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in
sufficient and reasonably available quantities or of a satisfactory quality; or
(3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase
the cost of the overall project by more than 25 percent.
A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide
instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to
public comment periods of no less than 15 days and must be reviewed by the OMB Made in America Office.
There may be instances where an award qualifies, in whole or in part, for an existing waiver described. For awards by the
Federal Emergency Management Agency (FEMA), existing waivers are available and the waiver process is described at
"Buy America" Preference in FEMA Financial Assistance Programs for Infrastructure I FEMA.gov. For awards by other DHS
components, please contact the applicable DHS FAO.
To see whether a particular DHS federal financial assistance program is considered an infrastructure program and thus
required to include a Buy America preference, please either contact the applicable DHS FAO, or for FEMA awards, please
see Programs and Definitions: Build America, Buy America Act I FEMA.gov.
Article XXXIX - SAFECOM
Recipients receiving federal financial assistance awards made under programs that provide emergency communication
equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants,
including provisions on technical standards that ensure and enhance interoperable communications.
Article XL - Terrorist Financing
Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and
support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance
with the Order and laws.
Article XLI - Trafficking Victims Protection Act of 2000 (TVPA)
Trafficking in Persons:
Recipients must comply with the requirements of the government -wide financial assistance award term which implements
Section 106 (g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended at 22 U.S.C. section 7104. The
award term is located at 2 C.F.R. section 175.15, the full text of which is incorporated here by reference.
Article XLII - Universal Identifier and System of Award Management
Requirements for System for Award Management and Unique Entity Identifier Recipients are required to comply with the
requirements set forth in the government -wide financial assistance award term regarding the System for Award Management
and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by
reference.
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Article XLIII - USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. sections
175-175c.
Article XLIV - Use of DHS Seal, Logo and Flags
Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags
or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of
flags or likenesses of Coast Guard officials.
Article XLV - Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 section 2409,
41 U.S.C. section 4712, and 10 U.S.C. section 2324, 41 U.S.C. sections 4304 and 4310.
Article XLVI - Environmental Planning and Historic Preservation (EHP) Review
DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation (EHP) review are subject
to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of
federal funding requires the recipient to comply with all federal, state, and local laws.
DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/
FEMA grant funds, through its EHP review process, as mandated by the National Environmental Policy Act; National Historic
Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and any other applicable laws and
executive orders. In order to initiate EHP review of your project(s), you must submit a detailed project description along with
supporting documentation. The EHP review process must be completed before funds are released to carry out the proposed
project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders,
regulations, and policies.
If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential
archeological resources are discovered the applicant will immediately cease work in that area and notify the pass -through
entity, if applicable, and DHS/FEMA.
Article XLVII - Applicability of DHS Standard Terms and Conditions to Tribes
The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down
to subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there
is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence
to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant
documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does
not already exist.
Article XLVIII - Acceptance of Post Award Changes
In the event FEMA determines that changes are necessary to the award document after an award has been made, including
changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once
notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the
award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to ASK-GMD@fema.dhs.gov if you have any
questions.
Article XLIX - Disposition of Equipment Acquired Under the Federal Award
For purposes of original or replacement equipment acquired under this award by a non -state recipient or non -state
subrecipients, when that equipment is no longer needed for the original project or program or for other activities currently or
previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition
of the equipment pursuant to 2 C.F.R. section 200.313. State recipients and state subrecipients must follow the disposition
requirements in accordance with state laws and procedures.
Article L - Prior Approval for Modification of Approved Budget
DHS-FEMA-SLCGP-FY22
Page 31 of 36 City of Tukwila, E24-i555
Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA
where required by 2 C.F.R. section 200.308.
For purposes of non -construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R.
section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Therefore,
for awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently
$250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written
approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of
the total budget FEMA last approved.
For purposes of awards that support both construction and non -construction work, FEMA is utilizing its discretion under 2
C.F.R. section 200.308(h)(5) to require the recipient to obtain prior written approval from FEMA before making any fund or
budget transfers between the two types of work.
You must report any deviations from your FEMA approved budget in the first Federal Financial Report (SF-425) you submit
following any budget deviation, regardless of whether the budget deviation requires prior written approval.
Article LI - Indirect Cost Rate
2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the indirect cost rate for the federal award. If
applicable, the indirect cost rate for this award is stated in the budget documents or other materials approved by FEMA and
included in the award file.
BUDGET COST CATEGORIES
Personnel $165,066.00
Fringe Benefits $62,724.00
Travel $10, 210.00
Equipment $0.00
Supplies $946.00
Contractual $3, 806, 028.00
Construction $0.00
Indirect Charges $28,949.00
Other $0.00
1151E-FEMA-SLCGP-FY22
Page 32 of 36 City of Tukwila, E24-202
Obligating Document for Award/Amendment
la. AGREEMENT NO.
EMW-2022-CY-00017-S O 1
6. RECIPIENT NAME AND
ADDRESS
Washington Military
Department
Building 20
Camp Murray, WA, 98430 -
5122
9. NAME OF RECIPIENT
PROJECT OFFICER
Sierra Wardell
11. EFFECTIVE DATE OF
THIS ACTION
12/21/2022
1 5. DESCRIPTION OF
a. (Indicate funding data
PROGRAM CFDA N
NAME
ACRONYM
State and Local 97.137
Cybersecurity
Grant Program
2. AMENDMENT NO.
***
3.
RECIPIENT
NO.
916001095G
7. ISSUING FEMA OFFICE AND
ADDRESS
FEMA-GPD
400 C Street, SW, 3rd floor
Washington, DC 20472-3645
POC: 866-927-5646
PHONE NO.
2535127121
12.
METHOD
OF
PAYMENT
PARS
4. TYPE OF ACTION 5. CONTROL NO.
AWARD WX00743N2023T
8. PAYMENT OFFICE AND ADDRESS
FEMA Finance Center
430 Market Street
Winchester, VA 22603
10. NAME OF FEMA PROJECT COORDINATOR
Central Scheduling and Information Desk
Phone: 800-368-6498
Email: Askcsid@dhs.gov
13. ASSISTANCE ARRANGEMENT
Cost Reimbursement
ACTION
for awards or financial changes)
O. ACCOUNTING DATA PRIOR AMOUNT
TOTAL AWARDED
AWARD THIS
ACTION
+ OR (-)
$0.00 $3,666,530.00 $3,666,530.00
$0.00 $3,666,530.00 $3,666,530.00
(ACCS CODE)
2023-IF-PA11 -P410- -4101-D
b. To describe changes other than funding data or financial changes, attach schedule and check here.
N/A
14. PERFORMANCE PERIOD
From:
12/01/2022
Budget Period
12/01/2022
To:
11/30/2026
11/30/2026
CURRENT CUMULATIVE NON -
TOTAL FEDERAL COMMITMENT
AWARD
See Totals
$407,393.00
16 a. FOR NON -DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS
DOCUMENT TO FEMA (See Block 7 for address)
State and Local Cybersecurity Grant Program recipients are not required to sign and return copies of this document. However, recipients
should print and keep a copy of this document for their records.
16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN
This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited
above.
17. RECIPIENT SIGNATORY OFFICIAL (Name and Title)
Sierra Wardell, Preparedness Grants Section Section Supervisor
18. FEMA SIGNATORY OFFICIAL (Name and Title)
PAMELA SUSAN WILLIAMS,
DATE
Thu Dec 22 16:08:53 UTC
2022
DATE
Wed Dec 21 20:58:37 UTC
2022
DHS-FEMA-SLCGP-FY22
Page 33 of 36 City of Tukwila, E24-i57
Attachment D
WORK PLAN
FY 2022 State and Local Cybersecurity Grant Program
PROJECT #1 TITLE Security and Disaster Planning
PROJECT DESCRIPTION
The City of Tukwila is seeking to enhance its risk posture and resiliency through both technology and process. The
City of Tukwila is a full -service City with an IT staff of eight. We are seeking funds to work with a facilitator to develop
a Disaster Recovery Plan and develop Security Incident Management programs. The development of these plans will
help identify gaps in our current environment and inform our planning to reduce risk through technology insertion in
our 2025/2026 budget cycle. Multi -Factor Authentication (MFA) Keys will enable the City of Tukwila to deploy city-
wide MFA to harden security and prevent breaches.
GAP BEING ADDRESSED
The City of Tukwila currently lacks a formal Business Continuity / Disaster Recovery Plan and Cyber Security Program.
The city has deployed Multi -Factor Authentication for remote workers but seeks to protect our Microsoft 365
provision. Facilitator lead sessions will help Tukwila develop a Business Continuity /Disaster Recovery Plan and
Cybersecurity Program, with the intention of having it align with existing State plans.
IMPACT
The impact of the project will be the development of a Business Continuity / Disaster Recovery Plans. The city will
understand the gaps in both Disaster Recovery planning and in our security programs and will be able to make
informed decisions about augmenting our risk posture with additional funding to be secured in our next budget cycle
(2025-2026). City-wide Multi -Factor Authentication will be deployed and bring an immediate positive impact on the
security of our systems/data.
OUTCOME
The desired outcome for the City is to have an understanding of the gaps in both Disaster Recovery planning and in
our security programs. This will enable making informed decisions about augmenting our risk posture with additional
funding in our upcoming budget cycle (2025-2026). Deploying City-wide Multi -Factor Authentication will prevent
unwanted access to City data and resources ensuring security.
15a-FEMA-SLCGP-FY22
Page 34 of 36 City of Tukwila, E24-202
Attachment E
BUDGET
FY 2022 State and Local Cybersecurity Grant Program
City of Tukwila
AGREEMENT AMOUNT $81,695
Salaries & Benefits
Supplies
Travel/Per Diem
Contractor/Consultant
Passthrough
Other
Equipment
SUBTOTAL
Indirect
TOTAL
SOLUTION AREA
PLANNING ORGANIZATION EQUIPMENT TRAINING EXERCISE , M&ATOTAL
so
so
so
so
so
$0
so
$11,010
$0
$0
$0
$11,010
$0
$0
$0
$0
$0
$0
$70,685
$0
$0
$0
$0
$70,685
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$70,685
$11,010
$0
$0
$0
$0
$81,695
$0
$70,685
$11,010
$0
$0
$0
$0
$81,695
DHS-FEMA-SLCGP-FY22
Page 35 of 36 City of Tukwila, E24-1I. 9
Attachment F
TIMELINE
FY 2022 State and Local Cybersecurity Grant Program
DATE TASK
December 1, 2022
Grant Agreement start date
NLT December 1, 2023 Complete NCSR
January 5, 2024
July 15, 2024
Submit Progress Report
* time period 12/1/2022 -12/31/2023
Submit Progress Report
* time period 1/1/2024 - 6/30/2024
NLT December 30, 2024 Complete NCSR
January 5, 2025
February 28, 2025
April 14, 2025
October 1st annually
Submit Progress Report
* time period 7/1/2024 -12/31/2024
Grant Agreement end date
Submit Final Reimbursement Request and Closeout Report
Nationwide Cybersecurity Review (NCSR) opens for input
https://www.cisecurity.orq/ms-isac/services/ncsr
1 6-FEMA-SLCGP-FY22
Page 36 of 36 City of Tukwila, E24-202
SIGNATURE AUTHORIZATION FORM
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
Please read instructions on reverse side before completing this form.
NAME OF ORGANIZATION
City of Tukwila
DATE SUBMITTED
11 Dec 2023
PROJECT DESCRIPTION
Network Security training and equipment
CONTRACT NUMBER
E24-202
1. AUTHORIZING AUTHORITY
SIGNATURE
PRINT OR TYPE NAME
TITLE/TERM OF OFFICE
Allan Ekberg
Mayor (2016-2023)
Thomas McLeod
Mayor (2024-2027)
2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
SIGNATURE
PRINT OR TYPE NAME
TITLE
Joel Bush
Chief Technology Officer
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
SIGNATURE
PRINT OR TYPE NAME
TITLE
Joel Bush
Chief Technology Officer
Eric Compton
Franchise Analyst
\\NAC-1\VOL1\HOME\KARENB\....\WP\SIGNAUTH Revised 3/03
161
INSTRUCTIONS FOR SIGNATURE AUTHORIZATION FORM
This form identifies the persons who have the authority to sign contracts, amendments,
and requests for reimbursement. It is required for the management of your contract with
the Military Department (MD). Please complete all sections. One copy with original
signatures is to be sent to MD with the signed contract, and the other should be kept with
your copy of the contract.
When a request for reimbursement is received, the signature is checked to verify that it
matches the signature on file. The payment can be delayed if the request is
presented without the proper signature. It is important that the signatures in MD's files
are current. Changes in staffing or responsibilities will require a new signature
authorization form.
1. Authorizing Authority. Generally, the person(s) signing in this box heads
the governing body of the organization, such as the board chair or mayor. In
some cases, the chief executive officer may have been delegated this
authority.
2. Authorized to Sign Contracts/Contract Amendments. The person(s) with
this authority should sign in this space. Usually, it is the county
commissioner, mayor, executive director, city clerk, etc.
3. Authorized to Sign Requests for Reimbursement. Often the executive
director, city clerk, treasurer, or administrative assistant have this authority.
It is advisable to have more than one person authorized to sign
reimbursement requests. This will help prevent delays in processing a
request if one person is temporarily unavailable.
If you have any questions regarding this form or to request new forms, please call your
MD Program Manager.
162
Washington Military Department Contract Number: City of
Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form
NAME
11 Dec 2023
Doing business as (DBA)
Allan Ekberg
ADDRESS
Mayor (2016-2023)
Applicable Procurement
or Solicitation #, if any:
Thomas McLeod
WA Uniform Business
Identifier (UBI)
Mayor (2024-2027)
Federal Employer Tax
Identification #:
This certification is submitted as part of a request to contract.
Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower
Tier Covered Transactions
READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and
abide by the terms of this certification, without modification, in order to participate in certain transactions directly or
indirectly involving federal funds.
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out
below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal Government the department or agency
with which this transaction originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the department, institution or office to
which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or had become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
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 the
person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily
excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required
to, check the List of Parties Excluded from Federal Procurement and Non -procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable
CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier
Covered Transactions
The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any Federal department or agency. Where the prospective lower tier
participant is unable to certify to any of the statements in this certification, such prospective participant shall
attach an explanation to this form.
Bidder or Contractor Signature: Date:
Joel Bush
Print Name and Title:
163
Washington Military Department Contract Number: City of Tukwila
FEDERAL DEBARMENT, SUSPENSION
INELIGIBILITY and VOLUNTARY EXCLUSION
(FREQUENTLY ASKED QUESTIONS)
What is "Debarment, Suspension, Ineligibility, and Voluntary Exclusion"?
These terms refer to the status of a person or company that cannot contract with or receive grants from a federal agency.
In order to be debarred, suspended, ineligible, or voluntarily excluded, you must have:
• had a contract or grant with a federal agency, and
• gone through some process where the federal agency notified or attempted to notify you that you could not contract
with the federal agency.
• Generally, this process occurs where you, the contractor, are not qualified or are not adequately performing under a
contract, or have violated a regulation or law pertaining to the contract.
Why am I required to sign this certification?
You are requesting a contract or grant with the Washington Military Department. Federal law (Executive Order 12549)
requires Washington Military Department ensure that persons or companies that contract with Washington Military
Department are not prohibited from having federal contracts.
What is Executive Order 12549?
Executive Order 12549 refers to Federal Executive Order Number 12549. The executive order was signed by the
President and directed federal agencies to ensure that federal agencies, and any state or other agency receiving federal
funds were not contracting or awarding grants to persons, organizations, or companies who have been excluded from
participating in federal contracts or grants. Federal agencies have codified this requirement in their individual agency
Code of Federal Regulations (CFRs).
What is the purpose of this certification?
The purpose of the certification is for you to tell Washington Military Department in writing that you have not been
prohibited by federal agencies from entering into a federal contract.
What does the word "proposal" mean when referred to in this certification?
Proposal means a solicited or unsolicited bid, application, request, invitation to consider or similar communication from
you to Washington Military Department.
What or who is a "lower tier participant"?
Lower tier participants means a person or organization that submits a proposal, enters into contracts with, or receives a
grant from Washington Military Department, OR any subcontractor of a contract with Washington Military Department. If
you hire subcontractors, you should require them to sign a certification and keep it with your subcontract.
What is a covered transaction when referred to in this certification?
Covered Transaction means a contract, oral or written agreement, grant, or any other arrangement where you contract
with or receive money from Washington Military Department. Covered Transaction does not include mandatory
entitlements and individual benefits.
Sample Debarment, Suspension, Ineligibility, Voluntary Exclusion Contract Provision
Debarment Certification. The Contractor certifies that the Contractor is not presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Contract by any
Federal department or agency. If requested by Washington Military Department, the Contractor shall complete
a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form
completed by the Contractor for this Contract shall be incorporated into this Contract by reference.
164
City of Tukwila
City Council Transportation & Infrastructure Services Committee
Meeting Minutes
December4, 2023 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams
Councilmembers Present: Tosh Sharp, Chair; Kate Kruller, Mohamed Abdi
Staff Present: Hari Ponnekanti, Catrien de Boer, Cyndy Knighton, Laurel Humphrey,
Seong Kim, Joel Bush, David DeGroot, David Cline, Colleen Minion, Griffin
Lerner
I. PRESENTATIONS
II. BUSINESS AGENDA
A. Grant Acceptance: Technology Security Enhancements
Staff is seeking approval of a grant agreement with the Department of Homeland Security in
the amount of $81, 695 to enhance technology security controls, develop a Cyber Incident
*
Response Plan, and plan for business continuity.
Committee Recommendation
Unanimous approval. Forward to December 11, 2023 Special Meeting Consent Agenda.
B. Grant Acceptance: Ecology Ramp Litter Cleanup Program
Staff is seeking approval of a grant agreement with the Washington State Department of
Ecology in the amount of $60,000 to fund litter cleanup activities on state ramps.
Committee Recommendation
Unanimous approval. Forward to December 11, 2023 Special Meeting Consent Agenda.
C. Contract: Green River Trail Connector
Staff is seeking approval of a contract with Active Construction Inc. in the amount of
$1,020,020 for construction of the Green River Trail Connector project.
Committee Recommendation
Unanimous approval. Forward to December 11, 2023 Special Meeting Consent Agenda.
D. Supplemental Agreement: West Valley Highway (1-405 - Strander Boulevard'
Staff is seeking approval of a supplemental agreement with TranTech Engineering in the
amount of $59,520 for additional construction management support on the project.
Committee Recommendation
Unanimous approval. Forward to December 11, 2023 Special Meeting Consent Agenda.
165
166
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
12/11/23
JR
ITEM INFORMATION
ITEM NO.
Spec 2.H.
STAFF SPONSOR: CYNDY KNIGHTON
ORIGINAL AGENDA DATE: 12/11/23
AGENDA ITEM TITLE West Valley Highway (I-405 — Strander Boulevard)
Supplemental Agreement No. 4
CATEGORY ❑ Discussion
Mtg Date
11
Motion
Date 12/11/23
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mt Date
❑ Public Hearing
Mt Date
❑ Other
Mtg Date
Mtg
SPONSOR ❑Council ❑Mayor HR DCD Finance Fire TS P&R ❑Police 11PJV Court
SPONSOR'S Since September 2019, TranTech Engineering has been working on the design and
SUMMARY construction management of the West Valley Highway project including improvement along
Longacres Way. Some issues arose in Spring causing a delay which increased time and
funding. In order to complete, an increase of $59,520 is required. Budget is available for
the increase. Council is being asked to approve the Supplemental Agreement No. 4 with
TranTech Engineering in the amount of $59,520, for a total of $1,325,354.
REVIEWED BY
Trans&Infrastructure
❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev.
❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: TOSH SHARP
❑ LTAC
DATE: 12/04/23
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Public Works Department
Unanimous Approval; Forward to Special Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$59,520.00 $465,220.61 $0.00
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
12/11/23
MTG. DATE
ATTACHMENTS
12/11/23
Informational Memorandum dated 12/01/23
Consultant Agreement
Minutes from Transportation and Infrastructure Committee meeting of 12/04/23
167
168
City of Tukwila
Allan Ekberg, Mayor
Public Works Department - Hari Ponnekanti, Director/City Engineer
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Services Committee
FROM: Hari Ponnekanti, Public Works Director/City Engineer
BY: Cyndy Knighton, Senior Program Manager
CC: Mayor Ekberg
DATE: December 1, 2023
SUBJECT: West Valley Highway (1-405 — Strander Boulevard)
Project No. 99310410, Contract No. 19-095
Supplemental Agreement No. 4
ISSUE
Supplemental Agreement with TranTech Engineering for the design on the West Valley Highway (1-405 —
Strander Boulevard) Project. The Supplemental Agreement will increase the contract by $59,520, for a
new total of $1,325,354.
BACKGROUND
Since September 2019, TranTech Engineering has been working on the design and construction
management of the West Valley Highway project including improvement along Longacres Way. Currently,
the project has funding for construction from two grant sources: Transportation Improvement Board and
Sound Transit System Access Funds. The project is also on the Traffic Impact Fee list. Construction started
in 2022 and was expected to be completed by the end of the year, but supply chain issues specific to
signal and light poles forced a winter shutdown last fall. Work resumed by the City's contractor, Road
Construction Northwest, in May of this year.
DISCUSSION
Once the work began again this spring, new issues arose that have added further delay to the completion
of the project. The work is nearly physically complete at this time, but some items still remain incomplete
such as fabrication and installation of a new mast arm at the Longacres Way/West Valley Highway
intersection and getting electrical connections completed by Puget Sound Energy so that the new
streetlights and RRFB on Longacres Way can be energized. Delays result in additional time and funds
being required for the construction management support from TranTech.
FINANCIAL IMPACT
The increase in fee for the additional construction management effort totals is $59,520. Budget is available
for the increase through the remaining construction contingency, which is partially reimbursable through
the two grants.
CM Increase
Fee Fund Source
$59,520 Available contingency
Budgeted
$465,220.61
RECOMMENDATION
The Council is being asked to approve the Supplemental Agreement No. 4 to Contract No. 19-095 with
TranTech Engineering in the amount of $59,520, for a total of $1,325,354 and consider this item on the
Consent Agenda at the December 11, 2023 Special Meeting.
ATTACHMENTS
• Consultant Agreement
169
170
j7, Washington State
Department of Transportation
Supplemental Agreement
Number 04
Organization and Address
TranTech Engineering, LLC
365 118th Ave SE Suite 1000
Bellevue, WA 98005
Phone: 425 453-5545
Original Agreement Number
19-095
Project Number
99310410
Execution Date
June 11, 2019
Completion Date
December 31, 2024
Project Title
Tukwila West Valley Highway (I-405 to Strander Boulevard)
New Maximum Amount Payable
$1,325,354
Description of Work
The project consists of preparing preliminary engineering design, environmental studies and permitting for
improvements to both Longacres Way and West Valley Highway (SR181), and preparing final design and
contract documents for West Valley Highway. The proposed improvements include widening the highway to
7 lanes, bridging over the 60-in. Seattle Public Utilities water main, a new pedestrian signal, a shared use
sidewalk and other related engineering tasks. ROW acquisition is not anticipated.
The Local Agency of City of Tukwila
desires to supplement the agreement entered in to with TranTech Engineering, LLC
and executed on June 11, 2019 and identified as Agreement No. 19-095
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Section 1, SCOPE OF WORK, is hereby changed to read:
Additional CN Phase work, see Exhibit A - Scope of Work for details.
11
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days
for completion of the work to read December 31, 2024
III
Section V, PAYMENT, shall be amended as follows:
Additional budget of $59,520 - see Exhibit D for details.
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate
spaces below and return to this office for final action.
By: Mohammad Sheikhizadeh, Project Manager By.
Consultant Signature Approving Authority Signature
DOT Form 140-063
Revised 09/2005
Date
171
Exhibit "A"
Summary of Payments
Basic
Agreement
Supplement #4
Total
Direct Salary Cost
$420,930
$19,752
$440,682
Overhead
(Including Payroll Additives)
$658,716
$26,914
$685,630
Direct Non -Salary Costs
$123,849
$6,928
$130,777
Fixed Fee
$62,339
$5,926
$68,265
Total
$1,265,834
$59,520
$1,325,354
DOT Form 140-063
1 72 Revised 09/2005
EXHIBIT A
Supplement 04
West Valley Highway (Strander Blvd to 1-405) Improvements Project
Introduction
The City of Tukwila (AGENCY) has retained TranTech Engineering, LLC (CONSULTANT) to provide Construction
Management During Construction. The following describes Supplement 04 to this work.
Scope of Work
8. Construction Management
• Extension of contract past the working days. Due to PSE power issues, additional WSDOT
coordination with Hawk mast arm and WHV / Longacres signal mast arm.
• Additional change order preparation and independent cost estimates beyond our scope. Original
scope had 3, we are working on 8-9.
• Additional site inspection time beyond original scope.
• Response to 52 RFI, original scope had 4.
• Additional design costs for Transpo for Hawk and Longacres revised Mast arms design.
West Valley Highway (Strander Blvd to I-405) 1
173
174
City of Tukwila
City Council Transportation & Infrastructure Services Committee
Meeting Minutes
December4, 2023 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams
Councilmembers Present: Tosh Sharp, Chair; Kate Kruller, Mohamed Abdi
Staff Present: Hari Ponnekanti, Catrien de Boer, Cyndy Knighton, Laurel Humphrey,
Seong Kim, Joel Bush, David DeGroot, David Cline, Colleen Minion, Griffin
Lerner
I. PRESENTATIONS
II. BUSINESS AGENDA
A. Grant Acceptance: Technology Security Enhancements
Staff is seeking approval of a grant agreement with the Department of Homeland Security in
the amount of $81, 695 to enhance technology security controls, develop a Cyber Incident
Response Plan, and plan for business continuity.
Committee Recommendation
Unanimous approval. Forward to December 11, 2023 Special Meeting Consent Agenda.
B. Grant Acceptance: Ecology Ramp Litter Cleanup Program
Staff is seeking approval of a grant agreement with the Washington State Department of
Ecology in the amount of $60,000 to fund litter cleanup activities on state ramps.
Committee Recommendation
Unanimous approval. Forward to December 11, 2023 Special Meeting Consent Agenda.
C. Contract: Green River Trail Connector
Staff is seeking approval of a contract with Active Construction Inc. in the amount of
$1,020,020 for construction of the Green River Trail Connector project.
Committee Recommendation
Unanimous approval. Forward to December 11, 2023 Special Meeting Consent Agenda.
D. Supplemental Agreement: West Valley Highway (1-405 - Strander Boulevard'
Staff is seeking approval of a supplemental agreement with TranTech Engineering in the
*
amount of $59,520 for additional construction management support on the project.
Committee Recommendation
Unanimous approval. Forward to December 11, 2023 Special Meeting Consent Agenda.
175
176
UPCOMING MEETINGS AND EVENTS
DECEMBER 2023
City Council meetings and Council Committee meetings will be conducted in a hybrid model, with in -person and virtual attendance available.
DEC 11 MON
DEC 12 TUE
DEC 13 WED
DEC 14 THU
DEC 15 FRI
DEC 16 SAT
Safety0
Cancelled
➢ Finance and Governance
Committee
5:30 PM
6300 Building - Suite 100
Foster Conference Room
Hybrid Meeting
0�0
_.�
RECEPTION FOR OUTGOING
ELECTED OFFICIALS
6:15 PM - 7:00 PM
City Hall Lobby
➢City
Committee Councilothe Whole
M eeting
Mee in
City Hall Council Chambers
Hybrid Meeting
Special Meeting to follow
Committee of the Whole
Meeting.
FINANCE CLASS FOR
SENIORS
Free class to leam how to
choose an executor.
Register now due to
limited space!
1:00 PM-2:00 PM
Tukwila Community Center
12424 42nd Ave S
Click here to register.
TUKWILA
II
RESTORATION AT
RIVERTON PARK
Join Forest Steward
Debbie and help remove
invasive English Ivy and
Himalayan blackberry.
11:30 AM -1:30 PM
Riverton Park
13263 Macadam Rd S
Click here to register.
3, Park Commission
5:30 PM
Hybrid Meeting
GREEN
TUKWILA
PLANT AND MULCH AT
COTTONWOOD
CORNER
Join Forest Steward Heidi
Walters and the
community to get the last
young native plants in the
ground for 2023.
11:00 AM - 2:00 PM
Riverton Creek
37thAve S & S 128St
Click here to register.
Public Hedjtjl
Seattle &King County aM
KING OUNTY EMERGENCY
MEDICAL TECHNICIAN
TRAINING & RECRUITMENT
Apply to be considered for the
February 2024 class program.
This is a free 12-week EMT
course for individuals who excel
at working in diverse
communities. Upon completion
of the program, a path to
obtaining certification and a
career will be provided.
Applications due today.
Click here for information.
HOLIDAY CONCERT Helebrate the season
C
with traditional holiday
favorites and carols the
entire family is sure to
enjoy! Free admissions
for children 12 and
under.
Dec 16 7:30 PM
Dec 17 3:00 PM
Foster Performing
Arts Center
4242 S 144th St
Click here to buy
tickets.
Open enrollment applications
for health insurance are now
accepted. Everyone in WA
State can purchase health and
dental insurance regardless of
immigration status.
Applications due by Jan 15.
Click here for information.
DEC 18 MON
DEC 19 TUE
DEC 20 WED
DEC 21 THU
DEC 22 FRI
DEC 23 SAT
3~
/WAHybrid
Council and Committee
meetings are cancelled.
W 0 a4
POP-UP BLOOD DRIVE
Donate blood and enter to
win a nice prize! Register
now due to limited space!
10:00 Am-4:00 PM
Tukwila City Hall
6200 Southcenter Blvd
Click here to register.
Civil Service
Commission
5:00 PM
Meeting
W View c
CITY COUNCIL VACANCY
The City Council is accepting
applications from residents
interested in an appointment to
a
vacation position.
Applications due today.
Tukwila City Hall
6200 Southcenter Blvd
Click here to register.
DEC 25 MON
DEC 26 TUE
DEC 27 WED
DEC 28 THU
DEC 29 FRI
DEC 30 SAT
L4 f��' �Q
ihy[
EEEIIJJ
Council and Committee
meetings are cancelled.
City offices and
community center closed.
Give Blood = Save 3 Lives
DONATE BLOOD AND
ENTER TO WIN CONCERT
CONCERT TICKETS,
OAKLAND TRIP OR A PEARL
JAM GUITAR!
It takes 1,000 donors a day to
sustain a blood supply for
patients in our community.
Click here to schedule an
appointment.
Or call 1-800-398-7888.
LAw �.. CITY HALL & 6300 BUILDINGS ARE OPEN TO THE PUBLIC MONDAYS, WEDNESDAYS & THURSDAYS 8:30 AM - 4:00 PM
MAPLE VALLEY HWY
Drive. This is a free
Allow up to 2 weeks
BATTLE OF THE BADGES HOLIDAY LIGHTING COMPETITION DEC 8 5:30 PM - 8:00 PM RENTON COMMUNITY CENTER -1715
° Tukwila Police and 26 other agencies will decorate their vehicles and pass out swag to all who swing by! Bring non-perishable food for the Food
os, event. Click here for information.
VOLUNTEER OPPORTUNITIES TO SERVE ON A BOARD, COMMISSION OR COMMITTEE
The City is looking for community members to serve on a Board, Commission or Committee. Applications are due by 2/15/2024. Click here for information.
NEIGHBORHOOD WATCH GROUP HELP
Police Community Engagement Coordinator can help to create a neighborhood watch group in your neighborhood and apartments.
Click here to email Brooke Lamothe.
FREE CRIME PREVENTION SURVEY FOR BUSINESSES TO ENHANCE SECURITY
Police Community Engagement Coordinator will visit your business to conduct a security assessment and recommend making your business more secure.
for an appointment date confirmation. Click here to make an appointment.
FOOD BANK OPENS: TUESDAYS, THURSDAYS AND SATURDAYS 10:00 AM - 2:30 PM 3118 S 140TH ST, TUKWILA
.t,4. VOLUNTEERS - In need of volunteers for food packaging or food distributions. To volunteer, click here to sign up.
an. ?.Lt, DONORS - Please donate at tukwilapantry.org/please-donate/. Donations can be dropped off on Tuesday -Saturday from 8 AM -11 AM or by
9 appointment. Click here for a current list of items in need.
STILL WATERS SNACK PACK NEEDS YOUR DONATIONS AND VOLUNTEER HELP!
SnackPack distributes food bags on Fridays to Tukwila students in need. Click here for the Snack Pack list.
t' 9 Y
VOLUNTEERS NEEDED ON WEDNESDAYS. Pack snacks every Wednesday at 9:30 AM.
-, To volunteer, email Stillwatersfamilyservices@gmail.com. To deliver food, click here to register with Tukwila School District.
Please donate to feed our Tukwila kids. Click here to donate online or mail checks to Still Waters, PO Box 88984, Tukwila WA 98138.
D :r`
7. ' ' p�4...
O Ni fi
177
Tentative Agenda Schedule
MEETING 1 —
REGULAR
MEETING 2 — MEETING 3 —
C.O.W. REGULAR
MEETING 4 —
C.O.W.
NOVEMBER 6
See below link for the
agenda packet to view
the agenda items:
November 6, 2023
Regular Meeting
NOVEMBER 13
See below link for the
agenda packet to view
the agenda items:
November 13, 2023
Committee of the Whole /
Special Meeting
NOVEMBER 20
See below link for the
agenda packet to view
the agenda items:
November 20, 2023
Regular Meeting
NOVEMBER 27
See below link for the
agenda packet to view
the agenda items:
November 27, 2023
Committee of the Whole /
Special Meeting
MEETING 1—
REGULAR
MEETING 2 —
C.O.W.
MEETING 3 —
REGULAR
MEETING 4 —
C.O.W.
DECEMBER 4
See below link for the
agenda packet to view
the agenda items:
December 4, 2023
Regular Meeting
DECEMBER 11
See below link for the
agenda packet to view
the agenda items:
December 11, 2023
Committee of the Whole /
Special Meeting
DECEMBER 18
Regular Meeting
is cancelled.
DECEMBER 25
, l
,. ?
y■ �" *e
"^i.
Committee of the Whole Meeting
is cancelled.
City offices and
community center closed.
178