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HomeMy WebLinkAboutCSS 2025-02-10 COMPLETE AGENDA PACKETThe City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk’s Office at 206-433-1800 (TukwilaCityClerk@TukwilaWA.gov) for assistance. City of Tukwila Community Services and Safety Committee  Dennis Martinez, Chair  Mohamed Abdi  Armen Papyan Distribution: D. Martinez M. Abdi A. Papyan Ma yor McLeod M. Wine A.Youn L. Humphrey AGENDA MONDAY, FEBRUARY 10, 2025 – 5:30 PM Item Recommended Action Page 1.BUSINESS AGENDA a.King County Youth Amateur Sports Grant Agreement David Rosen, Parks and Recreation Fiscal Analyst b.Green Tukwila Restoration & Education Project: (1)Washington State Department of Natural Resources 2024 Community Forestry Grant Agreement (2)Contract with EarthCorps (3)Contract with Partner in Employment (4)Contract with DirtCorps David Rosen, Parks and Recreation Fiscal Analyst c.Southgate Park Restoration Phase 2: (1)King County Improving Indoor Air through Forestry (IIAF) Grant Agreement. (2)Contract with EarthCorps David Rosen, Parks and Recreation Fiscal Analyst d.PD 2024 4th Quarter Report Eric Lund, Deputy Police Chief e.Organized Retail Theft Grant Eric Lund, Deputy Police Chief a.Forward to 2/24 Special Meeting Consent Agenda b.Forward to 2/24 Special Meeting Consent Agenda c.Forward to 2/24 Special Meeting Consent Agenda d.Discussion Only e.Discussion Only Pg.1 Pg.31 Pg.117 Pg.137 Pg.143 2.MISCELLANEOUS Next Scheduled Meeting: March 10, 2025 ON-SITE PRESENCE: TUKWILA CITY HALL HAZELNUT CONFERENCE ROOM 6200 SOUTHCENTER BOULEVARD REMOTE PARTICIPATION FOR THE PUBLIC: 1-253-292-9750, ACCESS CODE: 936039108# Click here to: Join Microsoft Teams Meeting For Technical Support: 1-206-433-7155 INFORMATIONAL MEMORANDUM TO: Community Services & Safety Committee FROM: David Rosen, Parks & Recreation Fiscal Analyst DATE: January 27, 2025 SUBJECT: Grant Agreement Approval: King County Youth Amateur Sports Grant ISSUE The Tukwila Parks & Recreation Department has been awarded a $100,000 no-match reimbursement grant through the King County Parks Levy Youth Amateur Sports Grant (YASG) program. Acceptance of this grant requires council approval before both agreements may be executed by the Mayor. BACKGROUND As part of the 2020 – 2025 Parks, Recreation, Trails, and Open Space Levy, King County releases several capital and programmatic grant opportunities every year such as the YASG, which is funded by a 1% sales tax on car rentals within the county. The YASG’s stated purpose is to “support fit and healthy communities by investing in programs and capital facility projects that increase access to sports, play, and outdoor recreation”. City staff wanted to use funding to address health demographic concerns such as Tukwila adult obesity rate of 36.2% (71.5% higher than that of King County) per King County’s City Health Profiles. In early March of 2024, the Tukwila Parks and Recreation Department submitted its application for the YASG. The department was notified of its award a few months later in early July and has been working with King County to finalize contract details since. DISCUSSION The $100,000 YASG award will be used to fund the Tukwila Sports Academy, an Expanded Learning Opportunity that incorporates Social and Emotional Learning into an after-school sports initiative in coordination with the Tukwila School District. The program aims to provide a physical component to existing extracurricular opportunities to the diverse student body of Tukwila, fostering holistic child development. Additionally, the Tukwila Parks and Recreation Department hopes to focus sporting elements of the program around soccer in preparation for the 2026 FIFA World Cup taking place in the Puget Sound and across North America in June – July 2026. FINANCIAL IMPACT This is a reimbursement grant, wherein the City of Tukwila will receive reimbursement from King County throughout/after the completion of the proposed scope of work. Therefore, execution of the proposed grant agreement does not create any net general fund inflows or outflows. The Tukwila Parks & Recreation Department will propose end-of-year budget amendments for FY25 and FY26 to capture the transactions resulting from this grant agreement. RECOMMENDATION City staff recommend the Community Services and Safety Committee forward both this grant agreement to the February 24th Special Meeting Consent Agenda for final approval. ATTACHMENTS A --- Proposed King County Programming Project Grant Agreement (Contract# 6457990) 1 2 City of Tukwila Parks and Recreation – Tukwila Sports Academy – 6457990 Task - 1.05 Page 1 of 22 King County Parks Last Updated: 08/24 Programming Project Grant Agreement PROGRAMMING PROJECT GRANT AGREEMENT King County Dept./Division:Natural Resources and Parks / Parks and Recreation Grant Recipient:City of Tukwila Parks and Recreation Project:Tukwila Sports Academy Contract #:6457990 Project#: 1148648 Task #:1.05 Amount:$100,000.00 Effective Date: Agreement End Date: 11/30/2026 THIS AGREEMENT (“Agreement”) (CPA# 6457990) is entered into between King County (the “County”), and City of Tukwila Parks and Recreation (the “Grant Recipient”) (collectively the “Parties) for programming that reduces barriers and increases access to physical activity using a Youth and Amateur Sports Grant ("YASG"). RECITALS A. The Grant Recipient is a City or Town that provides youth or amateur sports opportunities. B. King County, a home rule chapter county and political subdivision of the State of Washington, is authorized to administer the YASG Program and enter into agreements for the use of King County funds by public agencies, nonprofit organizations, or fiscal sponsor for community organizations that increase access to sports and physical activity to address an athletic need in King County in accordance with the biennial budget in effect at the time of execution, and any amendments for supplemental appropriations thereafter. C. King County has selected the Grant Recipient to receive a YASG award for programming/program operation, designed to provide increased athletic opportunities for the citizens of King County, Washington. Docusign Envelope ID: 7DE87FCE-2A47-4A8A-BC1B-BA44D1C865A4 3 City of Tukwila Parks and Recreation – Tukwila Sports Academy – 6457990 Task - 1.05 Page 2 of 22 King County Parks Last Updated: 08/24 Programming Project Grant Agreement NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: 1. DEFINITIONS Business Days Monday through Friday, 8:00 a.m. to 5:00 p.m., Pacific Time, excluding holidays observed by the State of Washington. Calendar Days Consecutive days of the year including weekends and holidays, each of which commence at 12:00:01 a.m. and end at Midnight, Pacific Time. When “days” are not specified, Calendar Days shall prevail. Contractor Includes any and all contractor(s) or consultant(s) hired by the Grant Recipient, including any of the contractor’s or consultant’s subcontractors or subconsultants. Effective Date The last date upon which the Agreement is signed. Grant Award Funds The amount awarded to the Grant Recipient by King County. Project The term “Project” means the Grant Recipient’s program described in Exhibit A – Scope of Work. Public Records Include any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. RCW 42.56. RCW The Revised Code of Washington. Scope of Work (SOW) An Exhibit to the Agreement consisting of a written description of the work to be performed. Subcontractor The individual, association, partnership, firm, company, corporation, or joint venture entering into an agreement with the Grant Recipient to perform any portion of the Work covered by this Agreement. 2. PROJECT SUMMARY The summary of this Project for the purpose of this Agreement is as follows: The Tukwila Sports Academy is an Expanded Learning Opportunity that incorporates Social and Emotional Learning into an after-school sports initiative. The program aims to provide a physical component to existing extracurricular opportunities to the diverse student body of Tukwila, fostering holistic child development. 3. SCOPE OF WORK Docusign Envelope ID: 7DE87FCE-2A47-4A8A-BC1B-BA44D1C865A4 4 City of Tukwila Parks and Recreation – Tukwila Sports Academy – 6457990 Task - 1.05 Page 3 of 22 King County Parks Last Updated: 08/24 Programming Project Grant Agreement Grant Recipient shall provide a scope of work (“Scope of Work”), including a project summary, attached hereto as Exhibit A, which describes the Project in detail, including a description of the various program milestones required for completion of the Project, the intended use of the Grant Award Funds and the address of the site/location where the Project is primarily taking place. 4. PROJECT BUDGET Prior to execution of this Agreement, the Grant Recipient shall work with King County to develop a Project Budget (“Project Budget”). The final Project Budget agreed upon by the Parties is attached hereto as Exhibit B. King County shall provide the Grant Award Funds to the Grant Recipient to pay for costs and expenditures related to the Project, as set forth in Exhibits A and B. Grant Award Funds provided to the Grant Recipient may only be used to pay for costs and expenditures related to the Project, as set forth in Exhibits A and B. 5. GRANT AWARD FUNDS AND DISBURSEMENT 5.1 Grant Award Funds. Grant Recipient has received a YASG award in the amount of $100,000.00 (“Grant Award Funds”) for programming designed to provide increased athletic opportunities and to address an athletic need for the citizens of King County, Washington. Grant Recipient shall apply the funds received from the County for the Project under this Agreement in accordance with the Scope of Work, attached hereto as Exhibit B. Notwithstanding the Effective Date of this Agreement, the County shall reimburse the Grantee for eligible and authorized costs and expenses supported by adequate documentation, as determined by the County, for the work specific in Exhibit B, beginning 9/1/2024, and concluding on 11/30/2026. 5.2 Separation of Accounts. All Grant Award Funds received pursuant to this Agreement and accrued interest therefrom will be accounted for separately from all other Grant Recipient accounts and moneys. 5.3 Partial Disbursement. The County may authorize, at County’s sole discretion, release of a portion of the Grant Award Funds to the Grant Recipient, upon execution of this Agreement. 5.4 Invoicing. The County shall initiate authorization for payment and disbursement of Grant Award Funds after approval of sufficiently detailed Project-related invoices submitted by Grant Recipient. The County shall make payment to Grant Recipient not more than thirty (30) calendar days after a complete and accurate invoice and any other required documentation is received and approved. Docusign Envelope ID: 7DE87FCE-2A47-4A8A-BC1B-BA44D1C865A4 5 City of Tukwila Parks and Recreation – Tukwila Sports Academy – 6457990 Task - 1.05 Page 4 of 22 King County Parks Last Updated: 08/24 Programming Project Grant Agreement 5.5 Final Invoice. Grant Recipient shall submit the final invoice, supporting documentation and any outstanding deliverables, as specified in the Scope of Work (Exhibit A) and Project Budget (Exhibit B), no later than thirty (30) days after the Contract End Date. If the Grant Recipient’s final invoice, supporting documentation, and reports are not submitted by the day specified in this subsection, or if such final documents are not approved by the County, then the County shall have no obligation to pay Grant Recipient unless and until Grant Recipient submits, and the County approves, a properly completed invoice. Grant Recipient must submit a corrected invoice within 30 days after receiving notice of an improper or incomplete invoice. 5.6 Disposition of Remaining Grant Award Funds. If Grant Recipient does not expend all proceeds obligated to be provided through this Agreement, such proceeds, if held by Grant Recipient, shall be refunded to the County. For purposes of this section, “proceeds” shall include all Grant Award Funds obligated to be provided by the County plus interest accrued by Grant Recipient on the grant funds. Any proceeds in excess of those required to be provided by the County for the actual costs of the Project shall remain with the County for use in its sole discretion. 6. TERM The term (“Term”) of this Agreement shall begin on the Effective Date and end on 11/30/2026 (“Agreement End Date”). This Agreement shall remain in effect until such time as it is amended in writing or terminated as provided herein. 7. AMENDMENTS This Agreement together with the attached exhibits expressly incorporated herein by reference and attached hereto shall constitute the whole Agreement between the Parties. This Agreement may be amended only by an instrument, in writing, duly executed by the Parties. 8. NOTICES Unless otherwise specified in the Agreement, all notices or documentation required or provided pursuant to this Agreement shall be in electronic form and shall be deemed duly given when received at the addresses first set forth below via electronic mail. KING COUNTY City of Tukwila Parks and Recreation Parks Grant Manager David Rosen Docusign Envelope ID: 7DE87FCE-2A47-4A8A-BC1B-BA44D1C865A4 6 City of Tukwila Parks and Recreation – Tukwila Sports Academy – 6457990 Task - 1.05 Page 5 of 22 King County Parks Last Updated: 08/24 Programming Project Grant Agreement Community Investments Unit Fiscal Analyst King County Parks City of Tukwila Parks and Recreation 201 S Jackson Street Suite (5702)12424 42nd Avenue South Tukwila Seattle, WA 98104 Tukwila, WA, 98168 206-848-0699 206-767-2310 parksgrants@kingcounty.gov david.rosen@tukwilawa.gov *NOTE: Personal contact information for your assigned grant manager is available in the grant management system Either Party hereto may, at any time, by giving ten (10) days written notice to the other Party to designate any other person or address in substitution of the foregoing information to which such notice or communication shall be given. 9. GRANT REPORTING Until the Project is completed, and all proceeds provided pursuant to this Agreement have been expended, the Grant Recipient shall provide reports to the King County Project Manager on a schedule determined by the County. 10. COMPLETION OF THE PROJECT Grant Recipient shall complete the Project described in Exhibits A and B of this Agreement. If Grant Recipient cannot complete the Project, as specified by the Scope of Work and deliverables within Exhibit A, the County shall be released from any obligation to fund the Project, and the County in its sole discretion may reallocate such funds for other projects in other jurisdictions. Pursuant to Section 19, Termination, this Agreement will be terminated if the Grant Recipient is unable or unwilling to expend the Grant Award Funds for the Project as provided in this Agreement. The Grant Recipient may not redirect Grant Award Funds for a purpose other than completion of the Project as approved by the County. 11. COMMUNICATION AND KING COUNTY MILESTONE NOTIFICATION Grant Recipient shall recognize County as a “grant sponsor” for the Project in the following manner: 11.1 Events. Grant Recipient shall invite and recognize “King County Parks” at all events promoting the Project, and at the final Project dedication. Docusign Envelope ID: 7DE87FCE-2A47-4A8A-BC1B-BA44D1C865A4 7 City of Tukwila Parks and Recreation – Tukwila Sports Academy – 6457990 Task - 1.05 Page 6 of 22 King County Parks Last Updated: 08/24 Programming Project Grant Agreement 11.2 Community Relations. Grant Recipient shall recognize “King County Parks” as a “grant sponsor” in all social media, websites, brochures, banners, posters, press releases, and other promotional material related to the Project. 11.3 King County Parks Notification. Grant Recipient shall notify the King County Parks Project Manager thirty (30) days prior to any major milestone, such as a groundbreaking or opening dates. 11.4 King County Council Notification. If Grant Recipient is a city or town, notification to the King County Council thirty (30) days prior to any major milestone, such as a groundbreaking or opening dates is, required. 11.5 Signage. If Grant Recipient shall recognize “King County Parks” on any signage as a funder/contributor of project/facility. Grant Recipient is required to use appropriate King County logo on any signage and communications. 12. PUBLIC ACCESS The Grant Award is provided to Grantee Organization for the Project for the purpose of land protection and recreation for the citizens of King County. Therefore, Grantee Organization and any successor in interest agree to maintain the Site for public use as required by Ordinances 18890 and 19166 and the Parks Targeted Equity Grant program requirements specified in Motion 15378. Grant Recipient’s duties under this Section 12 will survive the expiration or earlier termination of this Agreement. 13. MINIMUM SCOPE AND LIMITS OF INSURANCE Grant Recipient shall maintain, and/or require its Contractor(s) to maintain the minimum scope and limits of insurance as required in Exhibit C – Insurance Requirements and as evidenced in Exhibit D – Certificate(s) of Insurance and Endorsements. 14. INTERNAL CONTROL AND ACCOUNTING SYSTEM The Grant Recipient shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards in accordance with Revised Code of Washington (RCW) Chapter 40.14. Docusign Envelope ID: 7DE87FCE-2A47-4A8A-BC1B-BA44D1C865A4 8 City of Tukwila Parks and Recreation – Tukwila Sports Academy – 6457990 Task - 1.05 Page 7 of 22 King County Parks Last Updated: 08/24 Programming Project Grant Agreement 15. MAINTENANCE OF RECORDS 15.1 The Grant Recipient shall maintain accounts and records, including personnel, property, financial, Project records, including Agreement deliverables, and other such records as may be deemed necessary by the County to ensure proper accounting for all Agreement funds and compliance with this Agreement. 15.2 These records shall be maintained for a period of six (6) years after the expiration or earlier termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with (RCW) Chapter 40.14. 15.3 Grant Recipient shall inform the County in writing of the location, if different from the Grant Recipient address listed on page one of this Agreement, of the aforesaid books, records, documents, and other evidence and shall notify the County in writing of any changes in location within ten (10) calendar days of any such relocation. 16. RIGHT TO INSPECT The County reserves the right to review and approve the performance of the Grant Recipient with regard to this Agreement, and, at its sole discretion, to inspect or audit the Grant Recipient's records regarding this Agreement and the Project upon seventy- two (72) hours’ notice during normal business hours. 17. COMPLIANCE WITH ALL LAWS AND REGULATIONS The Grant Recipient, in cooperation and agreement with the owners of the Premises, shall comply with all applicable laws, ordinances and regulations in using funds provided by the County, including, without limitation, those relating to providing a safe working environment to employees and, specifically, the requirements of the Washington Industrial Safety and Health Act (WISHA), Chapter 49.17 RCW; and, to the extent applicable, those related to “public works,” payment of prevailing wages, and competitive bidding of contracts. The Grant Recipient specifically agrees to comply and pay all costs associated with achieving such compliance without notice from King County; and further agrees that King County, does not waive this Section by giving notice of demand for compliance in any instance. The Grant Recipient shall indemnify and defend the County should it be sued or made the subject of an administrative investigation or hearing for a violation of such laws related to this Agreement. 18. CORRECTIVE ACTION Docusign Envelope ID: 7DE87FCE-2A47-4A8A-BC1B-BA44D1C865A4 9 City of Tukwila Parks and Recreation – Tukwila Sports Academy – 6457990 Task - 1.05 Page 8 of 22 King County Parks Last Updated: 08/24 Programming Project Grant Agreement If the County determines that a breach of contract has occurred or does not approve of the Grant Recipient's performance, it will give the Grant Recipient written notification of unacceptable performance. The Grant Recipient will then take corrective action within a reasonable period of time, as may be defined by King County in its sole discretion in its written notification to the Grant Recipient. The County may withhold any payment owed the Grant Recipient until the County is satisfied that corrective action has been taken or completed. 19. TERMINATION 19.1 Termination for Convenience. The County may terminate this Agreement in whole or in part, with or without cause, at any time during the Term of this Agreement, by providing the Grant Recipient ten (10) days advance written notice of the termination. 19.2 Termination for Misuse of Funding. If the termination results from acts or omissions of the Grant Recipient, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Grant Recipient shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Grant Recipient by the County. 19.3 Termination for Insufficient Funding. Any King County obligations under this Agreement beyond the current appropriation year are conditioned upon the County Council's appropriation of sufficient funds to support such obligations. If the Council does not approve such appropriation, then this Agreement will terminate automatically at the close of the current appropriation year. 19.4 Termination for Non-Performance. The Agreement will be terminated if the Grant Recipient is unable or unwilling to expend the Grant Award Funds as specified in Exhibits B and C, or upon reimbursement by the Grant Recipient to the County of all unexpended proceeds provided by the County pursuant to this Agreement and payment of all amounts due pursuant to Section 4 – Grant Award Funds and Disbursement. 20. FUTURE SUPPORT; UTILITIES AND SERVICE The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted for herein except as expressly set forth in this Agreement. The Grant Recipient understands, acknowledges, and agrees that the County shall not be liable to pay for or to provide any utilities or services in connection with the Project contemplated herein. Docusign Envelope ID: 7DE87FCE-2A47-4A8A-BC1B-BA44D1C865A4 10 City of Tukwila Parks and Recreation – Tukwila Sports Academy – 6457990 Task - 1.05 Page 9 of 22 King County Parks Last Updated: 08/24 Programming Project Grant Agreement 21. HOLD HARMLESS AND INDEMNIFICATION The Grant Recipient shall protect, indemnify, and hold harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) Grant Recipient’s failure to pay any such compensation, wages, benefits, or taxes, and/or (2) work, services, materials, or supplies performed or provided by the Grant Recipient’s employees or other suppliers in connection with or support of the performance of this Agreement. The Grant Recipient agrees for itself, its successors, and assigns, to defend, indemnify, and hold harmless King County, its appointed and elected officials, and employees from and against liability for all claims, demands, suits, and judgments, including costs of defense thereof, for injury to persons, death, or property damage which is caused by, arises out of, or is incidental to any use of or occurrence on the Project that is the subject of this Agreement, or the Grant Recipient’s exercise of rights and privileges granted by this Agreement, except to the extent of the County's sole negligence. The Grant Recipient’s obligations under this Section shall include: 21.1 The duty to promptly accept tender of defense and provide defense to the County at the Grant Recipient’s own expense; 21.2 Indemnification of claims made by the Grant Recipient’s employees or agents; and 21.3 Waiver of the Grant Recipient’s immunity under the industrial insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify King County, which waiver has been mutually negotiated by the parties. In the event it is necessary for the County to incur attorney's fees, legal expenses, or other costs to enforce the provisions of this Section, all such fees, expenses and costs shall be recoverable from the Grant Recipient. In the event it is determined that RCW 4.24.115 applies to this Agreement, the Grant Recipient agrees to protect, defend, indemnify and save the County, its officers, officials, employees and agents from any and all claims, demands, suits, penalties, losses damages judgments, or costs of any kind whatsoever for bodily injury to persons or damage to property (hereinafter "claims"), arising out of or in any way resulting from the Grant Recipient’s officers, employees, agents and/or subcontractors of all tiers, acts or omissions, performance of failure to perform the rights and privileges granted under this Agreement, to the maximum extent permitted by law or as defined by RCW 4.24.115, as now enacted or hereafter amended. A hold harmless provision to protect King County similar to this provision shall be included in all Agreements or subcontractor Agreements entered into by the Grant Recipient in conjunction with this Agreement. Docusign Envelope ID: 7DE87FCE-2A47-4A8A-BC1B-BA44D1C865A4 11 City of Tukwila Parks and Recreation – Tukwila Sports Academy – 6457990 Task - 1.05 Page 10 of 22 King County Parks Last Updated: 08/24 Programming Project Grant Agreement The Grant Recipient’s duties under this Section 21 will survive the expiration or earlier termination of this Agreement. 22. CONTRACTOR INDEMNIFICATION AND HOLD HARMLESS Grant Recipient will require its Contractors and any Subcontractors to defend, indemnify, and hold King County, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorney's fees and costs, arising out of or in connection with except for injuries and damages caused by the negligence of King County. 23. NONDISCRIMINATION King County Code (“KCC”) chapters 12.16 through 12.19 apply to this Agreement and are incorporated by this reference as if fully set forth herein. In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except minimum age and retirement provisions, unless based upon a bona fide occupational qualification. 24. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. 25. PROJECT MAINTENANCE; EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP 25.1 The Grant Recipient shall be responsible to operate and maintain the completed Project at its own sole expense and risk. The Grant Recipient shall maintain the completed Project in good working condition consistent with applicable standards and guidelines. The Grant Recipient understands, acknowledges, and agrees that the County is not responsible to operate or to maintain the Project in any way. 25.2 The Grant Recipient shall be responsible for all property purchased pursuant to this Agreement, including the proper care and maintenance of any equipment. 25.3 The Grant Recipient shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment and materials purchased with Agreement funds. Docusign Envelope ID: 7DE87FCE-2A47-4A8A-BC1B-BA44D1C865A4 12 City of Tukwila Parks and Recreation – Tukwila Sports Academy – 6457990 Task - 1.05 Page 11 of 22 King County Parks Last Updated: 08/24 Programming Project Grant Agreement The Grant Recipient’s duties under this Section 25 shall survive the expiration of this Agreement. 26. ASSIGNMENT Grant Recipient shall not assign any portion of rights and obligations under this Agreement or transfer or assign any claim arising pursuant to this Agreement without the written consent of the County. Grant Recipient must seek such consent in writing not less than fifteen (15) days prior to the date of any proposed assignment. 27. WAIVER OF BREACH OR DEFAULT Waiver of breach of any provision in this Agreement shall not be deemed to be a waiver of any subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. Waiver of any default shall not be deemed to be a waiver of any subsequent defaults. 28. TAXES The Grant Recipient agrees to pay on a current basis all taxes or assessments levied on its activities and property, including, without limitation, any leasehold excise tax due under RCW Chapter 82.29A; PROVIDED, however, that nothing contained herein will modify the right of the Grant Recipient to contest any such tax, and the Grant Recipient shall not be deemed to be in default as long as it will, in good faith, be contesting the validity or amount of any such taxes. 29. DEBARMENT, SUSPENSION, OR INELIGIBILITY By accepting the terms of this Agreement, Grant Recipient certifies that the Grant Recipient nor its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any Federal or State department or agency. If the Grant Recipient or its principals become debarred, suspended or ineligible from participating in transactions, Grant Recipient shall notify the County within fifteen (15) calendar days of an event. The Grant Recipient agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the "General Service Administration List of Parties Excluded from Federal Procurement or Non-procurement Programs" which can be found at www.sam.gov or Department of Enterprise Services Debarment List which can be found at https://des.wa.gov/services/contracting-purchasing/doing-business- state/vendor-debarment. 30. WASHINGTON LAW CONTROLLING; WHERE ACTIONS BROUGHT Docusign Envelope ID: 7DE87FCE-2A47-4A8A-BC1B-BA44D1C865A4 13 City of Tukwila Parks and Recreation – Tukwila Sports Academy – 6457990 Task - 1.05 Page 12 of 22 King County Parks Last Updated: 08/24 Programming Project Grant Agreement This Agreement is made in and will be in accordance with the laws of the State of Washington, which will be controlling in any dispute that arises hereunder. Any claim or action pertaining to this Agreement will be brought in King County Superior Court, King County, Washington. This Agreement shall be interpreted in accordance with the laws of the State of Washington. Any claim or suit between the Parties arising out of this Agreement may only be filed and prosecuted in King County Superior Court. 31. PUBLIC RECORDS REQUESTS This Agreement shall be considered a public document and will be available for inspection and copying by the public in accordance with Chapter 42.56 RCW: PUBLIC RECORDS ACT (wa.gov) (the “Act”), or its successor act. 32. INDEPENDENT STATUS OF THE GRANT RECIPIENT In the performance of this Agreement, the Parties will be acting in their individual, corporate or governmental capacities and not as employees, partners, joint ventures, or associates of one another. Nothing contained herein will make, or be deemed to make, the County and the Grant Recipient a partner of one another, and this Agreement will not be construed as creating a partnership or joint venture. Nothing in this Agreement will create, or be deemed to create, any right, duty or obligation in any person or entity not a party to it. 33. PERMITS AND LICENSES The Grant Recipient shall design, develop, and construct the Project in accordance with all applicable laws and regulatory requirements including environmental considerations, permitting determinations, and other legal requirements. All activities and improvements shall be performed by the County at its sole expense and liability. Grant Recipient shall, at its sole cost and expense, apply for, obtain, and comply with all necessary permits, licenses and approvals required for the Project. 34. INTERPRETATION OF COUNTY RULES AND REGULATIONS If there is any question regarding the interpretation of any County rule or regulation, the County decision will govern and will be binding upon the Grant Recipient. 35. ORDER OF PRECEDENCE Docusign Envelope ID: 7DE87FCE-2A47-4A8A-BC1B-BA44D1C865A4 14 City of Tukwila Parks and Recreation – Tukwila Sports Academy – 6457990 Task - 1.05 Page 13 of 22 King County Parks Last Updated: 08/24 Programming Project Grant Agreement In the event of any inconsistency in the terms of this Agreement, or between its terms and any applicable statute, rule, or King County Code, the inconsistency shall be resolved by giving precedence in the following order to: 1. Any Amendments to this Agreement; 2. This Agreement, including its Terms and Conditions and the following Exhibits; a. Exhibit A – Scope of Work b. Exhibit B – Project Budget c. Exhibit C – Insurance Requirements d. Exhibit D – Certificate(s) of Insurance and Endorsements 3. If applicable, the Request for Application (as modified by any amendments); and 4. If applicable, Grant Recipients Grant Application. Provided, however, when an agreement term or condition appears in more than one document, the more specific agreement term or condition shall control if the different contract provisions cannot be harmonized. 36. ENTIRE AGREEMENT This Agreement, including any referenced exhibits and attachments, constitutes the entire Agreement between the County and the Grant Recipient and supersedes any and all prior agreements and understanding between them, whether written, oral or otherwise. No other statements or representations, written or oral, shall be deemed a part thereof. 37. COUNTERPARTS; ELECTRONIC SIGNATURES This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The Parties acknowledge and agree that this document may be executed by electronic signature, which shall be considered as an original signature for all purposes shall have the same force and effect as an original signature. IN WITNESS WHEREOF, each individual signing this Agreement warrants that they have the authority to enter into this Agreement on behalf of the Party for which that individual signs. The Parties hereto have executed this Agreement on the dates set forth below. KING COUNTY City of Tukwila Parks and Recreation Docusign Envelope ID: 7DE87FCE-2A47-4A8A-BC1B-BA44D1C865A4 15 City of Tukwila Parks and Recreation – Tukwila Sports Academy – 6457990 Task - 1.05 Page 14 of 22 King County Parks Last Updated: 08/24 Programming Project Grant Agreement Signature Signature NAME (Please type or print), Title NAME (Please type or print), Title Date Date Docusign Envelope ID: 7DE87FCE-2A47-4A8A-BC1B-BA44D1C865A4 16 City of Tukwila Parks and Recreation – Tukwila Sports Academy – 6457990 Task - 1.05 Page 15 of 22 King County Parks Last Updated: 08/24 Programming Project Grant Agreement EXHIBIT A – SCOPE OF WORK Project Summary  Scope of Work Summary: The Tukwila Sports Academy is an Expanded Learning Opportunity that incorporates Social and Emotional Learning into an after-school sports initiative. The program aims to provide a physical component to existing extracurricular opportunities to the diverse student body of Tukwila, fostering holistic child development. Project Location: •Cascade View Elementary School, 13601 32nd Ave S, Tukwila, 98168 •Duwamish Park, 11646 42nd Ave S, Tukwila, WA, 98168 •Foster Golf Links, 13500 Interurban Avenue S, Tukwila, 98168 •Foster High School, 4242 S 144th St, Tukwila, 98168 •Joseph Foster Memorial Park, 13919 53rd Ave S, Tukwila, WA, 98168 •Riverton Park, 4112 S 131st St, Tukwila, WA, 98168 •Showalter Middle School, 4628 S 144th St, Tukwila, 98168 •Thorndyke Elementary School, 4415 S 150th St, Tukwila, 98188 •Tukwila Community Center, 12424 42nd Ave S, Tukwila, 98168 •Tukwila Elementary School, 5939 S 149th St, Tukwila, 98168 •Tukwila Pool, 4414 S 144th St, Tukwila, 98168   Activity Timeline & Deliverables     Phase/Task  Activity Description  Deliverables  Date/Timeline  Progress Reports submitted via grant portal Progress Reports Marketing for next school year begins Share updates via Progress Reports June 2025 Project Management & Administration  King County Day of Play Share updates via Progress Reports September 2025Implementation  Fall Sport Season Begins Share updates via Progress Reports October 2025 Docusign Envelope ID: 7DE87FCE-2A47-4A8A-BC1B-BA44D1C865A4 17 City of Tukwila Parks and Recreation – Tukwila Sports Academy – 6457990 Task - 1.05 Page 16 of 22 King County Parks Last Updated: 08/24 Programming Project Grant Agreement Spring Season Begins Share updates via Progress Reports April 2026 Tukwila Cup Share updates via Progress Reports June 2026 Final billing August 2026 Closeout Final Report November 2026 Closeout    The Grantee shall not make any significant changes to an approved project without prior written consent of the County. Significant changes include, but are not limited to, a change to the timeline that falls outside the contract period or a shift of more than twenty percent of funds within the approved grant budget over the term of this Exhibit. If changes are necessary and approved by the County, such changes will be formalized in a written amendment signed by all parties. Docusign Envelope ID: 7DE87FCE-2A47-4A8A-BC1B-BA44D1C865A4 18 City of Tukwila Parks and Recreation – Tukwila Sports Academy – 6457990 Task - 1.05 Page 17 of 22 King County Parks Last Updated: 08/24 Programming Project Grant Agreement EXHIBIT B – PROJECT BUDGET Personnel Costs $33,230.00 Program Costs $66,770.00 Indirect Costs $0.00 Total  $100,000.00 Grant Budget Changes With written approval from the County, the Grantee may reallocate grant funds across budget line items within twenty percent of the total grant budget without requiring an official contract amendment. Indirect costs shall not exceed twenty percent of direct costs. Budget Line Items Descriptions Personnel Costs include but are not limited to staff pay and benefits. Program Costs include but are not limited to meals, transportation, and gym supplies. Indirect Costs include expenses of doing business that are not readily identified with a particular grant, contract, project, function, or activity, but are necessary for the general operation of the organization or performance of the organization’s activities. Docusign Envelope ID: 7DE87FCE-2A47-4A8A-BC1B-BA44D1C865A4 19 City of Tukwila Parks and Recreation – Tukwila Sports Academy – 6457990 Task - 1.05 Page 18 of 22 King County Parks Last Updated: 08/24 Programming Project Grant Agreement EXHIBIT C – INSURANCE REQUIREMENTS 1. Insurance Requirements 1.1.Grant Recipient shall purchase and maintain for the entire term of this Agreement or as otherwise stated in this Exhibit, at its sole cost and expense, the minimum insurance set forth below. By requiring such minimum insurance, the County does not and shall not be deemed or construed to have assessed the risks that may be applicable to Grant Recipient, or any Contractor under this Agreement, or in any way limit the County’s potential recovery to insurance limits required hereunder. To the contrary, this Agreement’s insurance requirements may not in any way be construed as limiting any potential liability to the County or the County’s potential recovery from Grant Recipient. Grant Recipient and any Contractor shall assess their own risks and if they deem appropriate and/or prudent, maintain greater limits and/or broader coverage. 1.2.Each insurance policy shall be written on an “occurrence” basis. 2. Evidence and Cancellation of Insurance 2.1.Within thirty (30) days of contract execution and upon request by the County, Grant Recipient shall furnish the County certificates of insurance and endorsements certifying the issuance of all insurance required by this Agreement which is to be maintained for the entire term of the Agreement or as otherwise stated in this Exhibit. All evidence of insurance shall be signed by a properly authorized officer, agent, general agent, or qualified representative to the insurer(s), shall certify the name of the insured(s), the type and amount of insurance, the location and operations to which the insurance applies, the inception and expiration dates, shall specify the form numbers of any endorsements issued to satisfy this Agreement’s insurance requirements, and shall state that the County shall receive notice at least thirty (30) days prior to the effective date of any cancellation, lapse, or material change in the policy(s). Certificate Holder: King County Parks, 201 S. Jackson Street, Suite 5702, Seattle, WA 98104. Electronic evidence of insurance documents may be emailed to: ParksGrants@kingcounty.gov. 2.2.The County reserves the right to require complete, certified copies of all required insurance policies, including all endorsements and riders, which may be redacted of any confidential or proprietary information. Grant Recipient shall deliver such policies to the County within five (5) business days of County’s request. 3. Minimum Scope and Limits of Insurance 3.1.Grant Recipient shall maintain the following types of insurance and minimum insurance limits: Docusign Envelope ID: 7DE87FCE-2A47-4A8A-BC1B-BA44D1C865A4 20 City of Tukwila Parks and Recreation – Tukwila Sports Academy – 6457990 Task - 1.05 Page 19 of 22 King County Parks Last Updated: 08/24 Programming Project Grant Agreement 3.1.1. Commercial General Liability: $1,000,000 per occurrence and $2,000,000 in the aggregate for bodily injury, personal and advertising injury, and property damage. Coverage shall be at least as broad as that afforded under ISO form number CG 00 01. Such insurance shall include coverage for, but not limited to, ongoing operations, premises liability, products and completed operations, and contractual liability. Limits may be satisfied by a single primary policy or by a combination of separate primary and umbrella or excess liability policies, provided that coverage under the latter shall be at least as broad as that afforded under the primary policy and satisfy all other requirements applicable to liability insurance including, but not limited to, additional insured status for the County. a. If the Grant Recipient will be using grant funds for youth sports activities, the Commercial General Liability policy shall not contain a CTE/Concussion exclusion. b. If the Grant Recipient or its Contractor(s) will be working directly with youth, Sexual Misconduct Liability coverage with minimum limits of $1,000,000 per occurrence and in the aggregate shall be provided. Such coverage may be included under a Commercial General Liability policy or provided by a standalone policy. 3.1.2. Automobile Liability: If transportation will be provided, Grant Recipient and/or its transportation Contractor(s) will maintain Automobile Liability insurance with a minimum $1,000,000 combined single limit per accident for bodily injury and property damage. Coverage shall be at least as broad as that afforded under ISO form number CA 00 01 covering BUSINESS AUTO COVERAGE, symbol 1 “any auto”; or the combination of symbols 2, 8, and 9. Limits may be satisfied by a single primary policy or by a combination of separate primary and umbrella or excess liability policies, provided that coverage under the latter shall be at least as broad as that afforded under the primary policy. 3.1.3. Workers Compensation: If Grant Recipient or its Contractor(s) have employees, then Workers Compensation coverage shall be maintained, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this Project by applicable Federal or “Other States” State Law. 3.1.4. Employers Liability or “Stop Gap” coverage: If Grant Recipient or its Contractor(s) have employees, then Employers Liability or “Stop Gap” coverage shall be maintained with a minimum limit of $1,000,000 each occurrence and shall be at least as broad as the protection provided by the Workers Compensation policy Part 2 (Employers Liability), or, in monopolistic states including but not limited to Washington, the protection Docusign Envelope ID: 7DE87FCE-2A47-4A8A-BC1B-BA44D1C865A4 21 City of Tukwila Parks and Recreation – Tukwila Sports Academy – 6457990 Task - 1.05 Page 20 of 22 King County Parks Last Updated: 08/24 Programming Project Grant Agreement provided by the “Stop Gap” endorsement to the commercial general liability policy. 3.1.5. Fidelity and Crime Insurance. If a Fiscal Sponsor is a party to this Agreement, Fiscal Sponsor(s) shall procure and maintain Fidelity and Crime insurance with a minimum limit equal to the grant amount. Coverage shall include ‘Join Loss Payable’ ISO form CR 20 15 10/10 or substantive equivalent; and ‘Provide Required Notice of Cancellation to Another Entity’ ISO form CR 20 17 10/10. 4. Other Insurance Provisions and Requirements 4.1.All insurance policies purchased and maintained by Grant Recipient and any Contractor required in this Agreement shall contain, or be endorsed to contain the following provisions: 4.1.1. With respect to all liability policies except Professional Liability (Errors and Omissions) and Workers Compensation: 4.1.1.1. King County, its officials, employees, and agents shall be covered as additional insured for full coverage and policy limits as respects liability arising out of activities performed by or on behalf of the Grant Recipient, its agents, representatives, employees, or Contractor(s) in connection with this Agreement. Additional Insured status shall include products-completed operations CG 20 100 11/85 or its substantive equivalent. The County requires the endorsement(s) to complete the Agreement. 4.1.2. With respect to all liability policies (except Workers Compensation): 4.1.2.1. Coverage shall be primary insurance as respects the County, its officials, employees, and agents. Any insurance and/or self-insurance maintained by the County, its officials, employees, or agents shall not contribute with any of Grant Recipient’s, or Contractor(s) insurance or benefit the Grant Recipient, or any Contractor, or their respective insurers in any way. 4.1.2.2. Insurance shall expressly state that it applies separately to each insured and additional insured against whom a claim is made and/or lawsuit is brought, except with respect to the limits of insurer’s liability. 5. Deductibles/Self-Insured Retentions 5.1.Any deductible and/or self-insured retention of the policies shall in all instances be the sole responsibility of Grant Recipient or its Contractor, even if no claim has been made or asserted against them. 6. Acceptability of Insurers 6.1.Unless otherwise approved by the County, insurance is to be placed with insurers with an A.M. Best rating of no less than A:VIII. Docusign Envelope ID: 7DE87FCE-2A47-4A8A-BC1B-BA44D1C865A4 22 City of Tukwila Parks and Recreation – Tukwila Sports Academy – 6457990 Task - 1.05 Page 21 of 22 King County Parks Last Updated: 08/24 Programming Project Grant Agreement 7. Self-Insurance 7.1.If the Grant Recipient is a governmental entity or municipal corporation, Grant Recipient may maintain a fully funded self-insurance program or participate in an insurance pool for the protection and handling of its liabilities including injuries to persons and damage to property. Further, if Grant Recipient maintains a self- insurance program or participates in an insurance pool, the additional insured requirement shall not apply to the coverage provided by the self-insured program or insurance pool. 8. Contractors Grant Recipient shall include all Contractors as insureds under its policies or, alternatively, Grant Recipient must require each of its Contractors to procure and maintain appropriate and reasonable insurance coverage and insurance limits to cover each of the Contractor’s liabilities given the scope of work and services being provided herein. Contractor(s) must include the County, its officials, agents, and employees as additional insured for full coverage and policy limits on its Commercial General Liability insurance and, if applicable, its Automobile Liability insurance. Upon request by the County, and within five (5) business days, Grant Recipient must provide evidence of each Contractor(s) insurance coverage, including endorsements. Docusign Envelope ID: 7DE87FCE-2A47-4A8A-BC1B-BA44D1C865A4 23 City of Tukwila Parks and Recreation – Tukwila Sports Academy – 6457990 Task - 1.05 Page 22 of 22 King County Parks Last Updated: 08/24 Programming Project Grant Agreement EXHIBIT D – CERTIFICATE(S) OF INSURANCE AND ENDORSEMENT(S) Docusign Envelope ID: 7DE87FCE-2A47-4A8A-BC1B-BA44D1C865A4 24 Certificate Of Completion Envelope Id: 7DE87FCE-2A47-4A8A-BC1B-BA44D1C865A4 Status: Sent Subject: City of Tukwila Parks and Recreation - Tukwila Sports Academy - Grant Agreement 6457990 Source Envelope: Document Pages: 22 Signatures: 0 Envelope Originator: Certificate Pages: 5 Initials: 0 Parks Grants AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 401 5TH AVE SEATTLE, WA 98104 parksgrants@kingcounty.gov IP Address: 3.132.16.71 Record Tracking Status: Original 1/16/2025 8:14:08 AM Holder: Parks Grants parksgrants@kingcounty.gov Location: DocuSign Security Appliance Status: Connected Pool: FedRamp Storage Appliance Status: Connected Pool: King County-Dept of Natural Resources & Parks-Parks Location: DocuSign Signer Events Signature Timestamp Tom McLeod mayor@tukwilawa.gov Security Level: Email, Account Authentication (None) Sent: 1/16/2025 8:26:20 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Warren Jimenez wjimenez@kingcounty.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/16/2020 11:32:05 AM ID: e1b2fdbc-66a3-41ef-9a99-bebbac2271d5 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp David Rosen david.rosen@tukwilawa.gov Security Level: Email, Account Authentication (None) Sent: 1/16/2025 8:26:20 AM Viewed: 1/16/2025 10:20:18 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign PASS ParksPurchasing@kingcounty.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign 25 Carbon Copy Events Status Timestamp Elise Hirschi ehirschi@kingcounty.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 11/5/2024 4:04:15 PM ID: 4a4cc97f-88b0-4668-80a3-251ed4a00409 Austin Robinson aurobinson@kingcounty.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 1/16/2025 8:26:21 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure 26 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, King County-Department of 16 (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:  You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and  Until or unless you notify King County-Department of 16 as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by King County-Department of 16 during the course of your relationship with King County-Department of 16. 29 30 INFORMATIONAL MEMORANDUM TO: Community Services & Safety Committee FROM: David Rosen, Parks & Recreation Fiscal Analyst DATE: January 27, 2025 SUBJECT: Grant Agreement & Contracts for Services Approval: 2024 WA Department of Natural Resources Community Forestry Assistance Grant ISSUE The Tukwila Parks & Recreation Department has been awarded a $312,000 no-match grant through the Washington State Department of Natural Resources (DNR) 2024 Community Forestry Assistance Grant for the Green Tukwila Restoration and Education Project. Acceptance of this grant and approval of three (3) contracts to be awarded using its funds requires council approval before they may be executed by the Mayor. BACKGROUND The 2024 Community Forestry Assistance Grant In late 2023, the Tukwila Parks and Recreation Department was made aware of the DNR’s release of its latest funding opportunity for their Community Forestry Assistance Grants, which provided with the purpose of “Support[ing] local jurisdictions in implementing improvements to urban tree health, enhanced protections for urban trees, increases in canopy cover, and equitable delivery of tree ecosystem services in communities across Washington State”. Tukwila Parks and Recreation submitted its proposal for this funding on January 8th, 2024, was awarded funding on February 28th, 2024, and has since been in negotiations with DNR concerning contracting terms. Additionally, there were delays in these negotiations due to the volume of contracts and funding DNR had to operationalize via this funding round. Why This Work is Necessary As a part of this grant release, DNR released the Urban & Community Forestry Prioritization Tool, which ranked all 1,447 measured census tracts in the state in areas such as canopy cover, impervious cover, and salmon buffer. The four parks that would receive work via this project proposal, Riverton, Tukwila, Duwamish Hill Preserve, and Crystal Springs, are located within Census Tracts 53033027200, 53033026200, 53033026300, and 53033028200, which are ranked 8th, 9th, 16th, and 107th by this tool, with all tracts receiving a 10 out of 10 Environmental Health Disparity score via the Washington State Department of Health Environmental Health Disparities Map. Furthermore, all of these parks had areas identified by the Green Tukwila 20-Year Stewardship Plan (Adopted in March 2017 via Resolution 1906) as having at least medium levels of invasive species cover endangering current habitat composition. Environmentally, this grant will address some areas within Tukwila that have some of the greatest demonstrated need for forestry restoration and maintenance. Lastly, Tukwila’s economic characteristics demonstrate a clear need for job development opportunities and training, evidenced by 30% of Tukwila households reporting income equal to or lower than 200% of Federal Poverty Level (7th worst of 61 areas measured by the King County City Health Profile Report). Economically, this grant will provide opportunities for youth, immigrants, adults, and refugees across Tukwila and the entire South King County region. 31 Community Services & Safety Committee January 27, 2025 Page 2 DISCUSSION The grant funding will be used for the Green Tukwila Restoration and Education Project, which will provide approximately 5,150 hours of restoration work across four City of Tukwila park sites, train over 100 adults and 100 youth in restoration jobs, and provide those community members wages and/or stipends of over $100,000 in across the grant’s period of performance. The Green Tukwila Restoration and Education Project will be delivered via four programs: 1. Youth Green Training Program at Tukwila Park ($76,100) This program will be provided in coordination with Partner in Employment (PIE), a 501(c)3 non- profit organization with the mission of guaranteeing long-term economic stability for refugees and immigrants in King County. PIE accomplished this by servicing thousands of individuals and households with employment assistance, homelessness prevention, social services, ESL classes, and youth services. PIE has been working with the City of Tukwila in its parks since 2019 as a part of their Environmental Restoration and Refugee Youth Mentoring Programs. Tukwila Parks and Recreation is proud to employ an alumnus of PIE’s 2021 Youth Restoration Training cohort amongst its parks maintenance team. This program will provide youth approximately 2,000 paid hours for green jobs as they provide trained restoration work at Tukwila Park with about 57% of the program’s budget providing the wages for these youth. The remaining program budget is committed for supplies, PIE programming managers and crew leads, and necessary equipment. 2. Professional Restoration Work at Riverton Park ($90,100) This program will be provided in coordination with EarthCorps, a 501(c)3 non-profit organization whose mission is to cultivate leaders and community partnerships in the advancement of environmental justice. EarthCorps Strategic Plan aims to accomplish this through, among other initiatives, in-the-field environmental restoration, creation of multi-year community-led partnerships and volunteer programs, and training future environmental leaders. This program will allow EarthCorps to continue their already successful restoration efforts at Riverton Park through at least June of 2027, providing approximately 20,000 square feet (~0.46 acres) of invasive species removal onsite, planting of 2,300 native plants, and continued maintenance of the restoration sites. This work will be accomplished utilizing EarthCorps skilled professional crews providing a planned 26 days of work in the park. 3. Green Jobs Training Program at Crystal Springs Park ($100,050) This program will be provided in coordination with DirtCorps, an LLC with a mission of creating access to green careers for all who aims to accomplish this by providing on-the-job training for adult workers in rain garden and cistern design/build, operations and maintenance, vegetation management, and ecological restoration. Dirt Corps has been working in Crystal Springs Park and in other capacities within Tukwila since 2016. The Green Jobs Training Program would pay local community members to provide tree canopy enhancement and reforestation efforts at Tukwila Park with the goal of removing invasive plants on site and replacing them with approximately 70 trees and 200 native shrubs and undercovers. 4. Foster High School Internship at Duwamish Hill Preserve ($45,750) In coordination with Foster High School staff, this program will provide approximately 25 students per year (75 in total across the grant’s lifetime) with a paid opportunity to participate in a restoration education and work skills program, providing them with on-the-job training, employment skills, and personal development opportunities as they complete restoration work at the Duwamish Hill Preserve. Over 90% of this program’s budget will pay for these student interns with the remaining budget providing supplies necessary for program execution. Throughout this program’s operation, 32 Community Services & Safety Committee January 27, 2025 Page 3 the Tukwila Parks and Recreation Department will also be working with the Tukwila Children’s Foundation, who will provide necessary program logistics to support payment of the student interns. This program’s budget and contracted services are small enough that any resultant contracts will not require council approval. Grant Budget Summary The table below provides a general budget summary for Green Tukwila Restoration and Education Project: Program Community Wages ($) Trees & Plants ($) Contracted Services ($) Total ($) Youth Green Training Program 43,850 5,000 27,250 76,100 Professional Restoration Work 0 17,575 72,525 90,100 Green Jobs Training Program 20,160 13,150 66,740 100,050 Foster High School Internship 42,000 0 3,750 45,750 106,010 35,725 170,265 312,000 A Note on Federal Spending At time of this memo’s writing (January 27th - 30th), city staff have been made aware of Memo M-25-13 and M-25-14 issued by the federal government’s Office of Management and Budget seemingly putting a temporary pause/”freeze” on “all activities related to obligation or disbursement of all Federal financial assistance…” and seemingly rescinding the memo enacting said pause/”freeze”. City staff note that the funding source for DNR to provide this grant opportunity is federal in nature and have inquired with DNR as to the potential for funding be frozen for this grant. The current understanding is that the monies used for this grant have already been obligated by the federal government and thus, according to precedent, are safe to utilize. However, the final impact of Memos M-25-13 and M-25-14 on this grant are unknown and may remain unknown pending potential injunction and/or litigation. City staff will continue to monitor these potential impacts as they unfold. FINANCIAL IMPACT This is a reimbursement grant, wherein the City of Tukwila will receive reimbursement from DNR during/after the completion of the proposed scope of work. Therefore, execution of both the proposed grant and contract services agreements will not create any net general fund inflows or outflows. The Tukwila Parks & Recreation Department will propose end-of-year budget amendments for Fiscal Years 2025 - 2027 to capture the transactions resulting from this grant agreement. RECOMMENDATION City staff recommend the Community Services and Safety Committee forward both the grant agreement and the proposed contracts for services to the February 24th Special Meeting Consent Agenda for final approval. ATTACHMENTS A --- Proposed Community Forestry Assistance Grant Agreement Template B --- Proposed Community Forestry Assistance Grant Work Plan C --- Proposed Contract for Services & Exhibit: EarthCorps D --- Proposed Contract for Services & Exhibit: Partner in Employment E --- Proposed Contract for Services & Exhibit: DirtCorps 33 34 SUBAWARD AGREEMENT NO. Agreement number Page 1 of 48 Form update date: 2024.04.10 SUBAWARD AGREEMENT This is a subaward of federal funds. Subrecipients are subject to the OMB guidance in subparts A through F of 2 CFR Part 200, as adopted and supplemented by the USDA in 2 CFR Part 400. The Washington State Department of Natural Resources (Agency/DNR) is the pass-through entity. This subaward is not being made for the purposes of Research and Development (R&D). DNR FUNDING INFORMATION Program Index: 244 Project Code: GSA Competitive Grant ☐No ☒ Yes Request for Application (RFA) #: DNR 24-16 SUBRECIPIENT INFORMATION Phone: Email: WA State UBI Number Statewide Vendor Number Taxpayer Identification Number/FEIN Unique Entity Identifier Total amount of federal funds obligated to the subrecipient by DNR SUBAWARD INFORMATION Subaward Number Amount obligated this agreement Period of Performance Match Required ☒No ☐ Yes Indirect Rate N/A FEDERAL AWARD INFORMATION Assistance Listing 10.727 Federal Awarding Agency USDA, Forest Service Federal Award Identification Number 23-DG -11062765-080 Federal Award Name Washington Urban and Community Forestry Inflation Reduction Law State Funding Federal award project description The purpose of this subaward is to Attachment A 35 SUBAWARD AGREEMENT NO. Agreement number Page 2 of 48 Form update date: 2024.04.10 This Subaward Agreement is made and entered into by and between the State of Washington, Department of Natural Resources, hereinafter referred to as "DNR", and, , hereinafter referred to as “SUBRECIPIENT”. 1. PURPOSE The intent of the program is to assist communities in developing urban forest planning, programming tools, and activities that may not otherwise receive local funding. Projects are to improve management, care, and public engagement with trees growing in parks, natural areas, and along public rights-of-way. These projects address social and environmental disparities in Washington communities by investing in community-identified urban forestry needs advancing environmental, social, or public health outcomes. The purpose of this subaward is to 2. SCOPE OF WORK A. Exhibit A, attached hereto and incorporated by reference, contains the General Terms and Conditions governing work to be performed under this subaward, the nature of the working relationship between DNR and SUBRECIPIENT, and specific obligations of both parties. B. Exhibit B, attached hereto and incorporated by reference, contains the Federal Subaward Terms and Conditions governing work to be performed under this subaward, and specific subrecipient obligations. C. The scope of work/deliverables for this agreement will be produced by SUBRECIPIENT using the Project Work Plan and Budget Template, attached hereto as Exhibit C and incorporated by reference. The Project Work Plan and Budget shall be agreed by the Parties prior to the start of any work, as reflected by the signatures of their respective Project Managers. SUBRECIPIENT will provide services and staff, and otherwise do all things necessary for or incidental to the performance of work. The Project Work Plan and Budget may be amended, as necessary and agreed by the Parties, to account for changes in project details and/or budget using an amended Project Work Plan and Budget. Projects must be located on public property or be open to public access. Subaward funds may not be used to meet ordinary maintenance and operating expenses. D. SUBRECIPIENT shall include as deliverables the following written reports: • Interim Reports (approximately every 180 days from the project start date) • Final Report (at the end of the project) Report templates will be provided by the DNR Project Manager. E. With the Final Report, SUBRECIPIENT will provide as a deliverable a 400 to 500-word article telling the story of the project, including references to DNR, local project partners, location, purpose, and outcomes, as well as two high quality images. This requirement maybe substituted with appr oval of the DNR Project Manager. 36 SUBAWARD AGREEMENT NO. Agreement number Page 3 of 48 Form update date: 2024.04.10 3. PERIOD OF PERFORMANCE The period of performance under this subaward will be from the date of execution through May 31, 2028, unless terminated sooner as provided herein. 4. AWARD The total award payable to SUBRECIPIENT for satisfactory performance of the work under this subaward shall not exceed Dollars ($). SUBRECIPIENT's compensation shall be based on the details set out in the Project Work Plan and Budget. Expenses SUBRECIPIENT shall receive reimbursement for travel and other expenses as identified below or as authorized in advance by DNR as reimbursable. The maximum amount to be paid to the SUBRECIPIENT for authorized expenses shall not exceed Dollars ($), which amount is included in the subaward total above. Such expenses may include airfare (economy or coach class only), other transportation expenses, and lodging and subsistence necessary during periods of required travel. SUBRECIPIENT shall receive compensation for travel expenses at current state travel reimbursement rates. Expenses related to travel will be reimburses as follows: • Meals = @ per diem, broken down per meal (do not provide receipt, meals will be paid at the current state per diem rate, not actual costs) • Car Rental = @ actual (attach receipt) • Gas for Car Rental = @ actual (attach receipt) • Hotel = @ actual but no more than @state allowed lodging rates (attach receipt) • Personal vehicle mileage = @ state allowed mileage rate (no receipt needed) Unallowable Costs Payments made for costs determined to be unallowable by either the federal agency, or DNR, either as direct or indirect costs, must be refunded (including interest) to the federal government in accordance with instructions from the federal agency that determined the costs are unallowable unless federal statute or regulation directs otherwise. Treatment of Subrecipient Assets, Equipment SUBRECIPIENT shall comply with the Exhibit A, 46. TREATMENT OF ASSETS, as well as the following: 1. SUBRECIPIENT shall obtain prior written approval by DNR when purchasing property if the cost is to be reimbursed as a direct item of cost under this subaward. This approval may be accomplished by inclusion in the agreed Project Work Plan and Budget. 2. Disposition of Assets shall be treated in accordance with the requirement of 2 CFR 200. Federal funding under this award is not available for reimbursement of SUBRECIPIENT’s purchase of equipment. 37 SUBAWARD AGREEMENT NO. Agreement number Page 4 of 48 Form update date: 2024.04.10 5. AUDIT REQUIREMENT A SUBRECIPIENT with a total of $1,000,000 or more in federal expenditures during its fiscal year (either received directly from the federal government, indirectly from a pass-through entity, or a combination of both) must have a federal single audit conducted for that year in compliance with 2 CFR 200 Subpart F (as updated). SUBRECIPIENT must provide a copy of the final audit report to DNR within nine (9) months of the end of its fiscal year, unless a longer period is agreed to in advance by the Federal agency identified in this section. A SUBRECIPIENT that expends less than $1,000,000 during its fiscal year in federal awards is exempt from federal audit requirements for that year, except as noted in 2 CFR 200.503, but records must be available for review or audit by appropriate officials of the federal agency, DNR, and Government Accountability Office (GAO). DNR may suspend all reimbursements if SUBRECIPIENT fails to timely provide a single Federal audit; further DNR reserves the right to suspend any and all Agreement(s) with SUBRECIPIENT if such noncompliance is not promptly cured. 6. FUNDING ACKNOWLEDGEMENT SUBRECIPIENT shall acknowledge DNR and USDA Forest Service support in any publications, audiovisuals, electronic media, printed materials, signs, and other products developed as a result of this subaward. Materials must be reviewed by DNR prior to publishing; follow direction in USDA Supplemental 2 CFR 415.2. All projects must include an acknowledgement of funding sources, and may be recognized as follows: “Funding for this project provided by the Inflation Reduction Act and the USDA Forest Service, Urban and Community Forestry Program in partnership with State of Washington Department of Natural Resources, Urban and Community Forestry Program.” SUBRECIPIENT must include the federal nondiscrimination statement in materials and products developed. See Exhibit B – Federal Subaward Terms and Conditions. Appropriate agency logos may be used in addition to the above statement and will be supplied to the SUBRECIPIENT. Use of DNR logos must be reviewed and approved by the funding agencies prior to publishing. 7. BILLING PROCEDURES Each invoice submitted by SUBRECIPIENT to DNR shall include the information needed by DNR to determine the exact nature of all expenditures. Each invoice for this agreement will be produced by SUBRECIPIENT using the Invoice Template, attached hereto as Exhibit D and incorporated by reference, and be submitted electronically to the following website: https://app.smartsheet.com. SUBRECIPIENT's internal invoice format may be attached as backup documentation; however, DNR will only consider invoices which utilize Exhibit D – Invoice Template. Invoice frequency: No more often than quarterly. DNR will pay SUBRECIPIENT upon satisfactory acceptance of fully completed activities, tasks, and/or deliverables clearly identified in its Project Work Plan and Budget and approved by the DNR 38 SUBAWARD AGREEMENT NO. Agreement number Page 5 of 48 Form update date: 2024.04.10 Project Manager. Invoices and the required supporting documentation must be submitted as one PDF document. DNR reserves the right to request backup documentation (e.g. invoices, receipts, payroll documents, subcontracts) for any and all expenses included in an invoice submitted for payment. No payments in advance or in anticipation of services or goods to be provided under this subaward shall be made by DNR. Payment shall be considered timely if made by DNR within 30 calendar days after receipt of properly completed invoices. Fiscal Year Closures Under fiscal year closing procedures, SUBRECIPIENT must submit all invoices and/or billings for services or material supplied under this Agreement through June 30, to DNR no later than July 10 of a given year. DNR may, in its sole discretion, terminate the subaward or withhold payments claimed by SUBRECIPIENT for services rendered if SUBRECIPIENT fails to satisfactorily comply with any term or condition of this subaward. Final payment will be withheld until satisfactory acceptance of the Final Report. 8. SUBRECIPIENT MONITORING SUBRECIPIENT is a non-Federal entity receiving a subaward from a pass-through entity to carry out part of a federal award. SUBRECIPIENT performance will be monitored by DNR in compliance with 2 CFR 200.332. SUBRECIPIENT will complete the following form(s): Financial Health Review (Exhibit E). SUBRECIPIENT will participate in monitoring activities, which may include trainings, regular meetings, and in-person and/or virtual reviews of SUBRECIPIENT program operations. The results of SUBRECIPIENT monitoring may impact this subaward and may be considered in future applications for future DNR awards. 9. GRANT MANAGEMENT The Project Manager for each of the parties shall be the contact person for all communications and billings regarding the performance of this subaward. SUBRECIPIENT Subaward Manager Information AGENCY Subaward Manager Information 39 SUBAWARD AGREEMENT NO. Agreement number Page 6 of 48 Form update date: 2024.04.10 Phone: Email address: Department of Natural Resources 1111 Washington Street SE Olympia, WA 98504-7013 Phone: Email address: SUBRECIPIENT Project Manager Information AGENCY Project Manager Information Phone: Email address: Department of Natural Resources 1111 Washington Street SE Olympia, WA 98504-7013 Phone: Email address: 10. INSURANCE Before using any of said rights granted herein and at its own expense, SUBRECIPIENT shall purchase and maintain, or require its agent(s)/subcontractor to purchase and maintain, the insurance described below for the entire duration of this agreement. Failure to purchase and maintain the required insurance may result in the termination of the agreement at DNR’s option. All insurance provided in compliance with this agreement shall be primary as to any other insurance or self-insurance programs afforded to, or maintained by, the State of Washington, Department of Natural Resources. SUBRECIPIENT shall provide DNR with certificates of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements specified in this agreement before using any of said rights granted herein. The description section of the certificate shall contain the Grant Agreement Number and the name of the DNR Project Manager. SUBRECIPIENT shall also provide renewal certificates as appropriate during the term of this agreement. SUBRECIPIENT shall include all subcontractors and agents as insured under all required insurance policies or shall provide separate certificates of insurance for each subcontractor or agent. Failure of SUBRECIPIENT to have its subcontractors and agents comply with the insurance requirements contained herein does not limit SUBRECIPIENT’s liability or responsibility. Insurance Types & Limits: The limits of insurance, which may be increased by State, as deemed necessary, shall not be less than as follows: Commercial General Liability (CGL) Insurance: SUBRECIPIENT shall purchase and maintain commercial general liability insurance with a limit of not less than $1,000,000 per each occurrence. If such CGL insurance contains aggregate limits, the general aggregate limits shall be at least twice the "each occurrence" limit, and the products-completed operations aggregate limit shall be at least twice the "each occurrence" limit. All insurance must cover liability arising out of premises, operations, independent SUBRECIPIENTs, products completed operations, personal injury and advertising injury, and liability assumed under an insured contract (including the tort liability of 40 SUBAWARD AGREEMENT NO. Agreement number Page 7 of 48 Form update date: 2024.04.10 another party assumed in a business contract) and contain separation of insured (cross-liability) condition. Employer's Liability ("Stop Gap") Insurance: SUBRECIPIENT shall purchase and maintain employer’s liability insurance and if necessary, commercial umbrella liability insurance with limits not less than $1,000,000 each accident for bodily injury by accident or $1,000,000 each employee for bodily injury by disease. Business Auto Policy (BAP) Insurance: SUBRECIPIENT shall purchase and maintain business auto insurance and if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 per accident, with such insurance covering liability arising out of "Any Auto". The policy shall be endorsed to provide contractual liability coverage and cover a “covered pollution cost or expense.” SUBRECIPIENT waives all rights of subrogation against State for the recovery of damages to the extent they are covered by business auto liability or commercial umbrella liability insurance. Industrial Insurance (Workers Compensation): SUBRECIPIENT shall comply with or provide Federal Workers Compensation insurance or coverage under Title 51 RCW by maintaining workers compensation insurance for its employees. SUBRECIPIENT waives all rights of subrogation against State for recovery of damages to the extent they are covered by Industrial Insurance, employer’s liability, general liability, excess, or umbrella insurance. SUBRECIPIENT waives its Title 51 RCW immunity to the extent it is required by its indemnity obligation under this agreement. Additional Provisions: Additional Insured: The State of Washington, Department of Natural Resources, its officials, agents, and employees shall be named as additional insured by endorsement on all general liability, excess, and umbrella insurance policies. Cancellation: DNR shall be provided written notice before cancellation or non-renewal of any insurance referred to therein, in accord with the following specifications. 1. Insurers subject to Chapter 48.18 RCW (Admitted and Regulated by the Insurance Commissioner): The insurer shall give the State 45 days advance notice of cancellation or nonrenewal. If cancellation is due to non-payment of premium, the State shall be given 10 days advance notice of cancellation. 2. Insurers subject to Chapter 48.15 RCW (Surplus Lines): The State shall be given 20 days advance notice of cancellation. If cancellation is due to non-payment of premium, the State shall be given 10 days advance notice of cancellation. Insurance Carrier Rating: All insurance shall be issued by companies admitted to do business in the State of Washington and have a rating of A-, Class VII, or better. Any exception must be reviewed and approved by the DNR Risk Manager or the DNR Contracts Manager, in the Risk Manager’s absence. If an insurer is not admitted to do business in the State of Washington, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284- 15 WAC. 41 SUBAWARD AGREEMENT NO. Agreement number Page 8 of 48 Form update date: 2024.04.10 Self-Insurance: If SUBRECIPIENT is self-insured, evidence of its status as a self-insured entity shall be provided to State. The evidence should demonstrate that SUBRECIPIENT’s self-insurance meets all of the required insurance coverage of this agreement to the satisfaction of State including the description of the funding mechanism and its financial condition. If the funding mechanism or financial condition of the self-insurance program of SUBRECIPIENT is inadequate, then State may require the purchase of additional commercial insurance to comply with this agreement. Waiver: SUBRECIPIENT waives all rights of subrogation against State for recovery of damages to the extent these damages are covered by general liability, excess, or umbrella insurance maintained pursuant to this agreement. 11. DEBARMENT OF SUBRECIPIENTS SUBRECIPIENT shall assure that, its officers, agents, subcontractors, and consultants shall not fund, contract with, or engage the services of any consultant, subcontractor, supplier, or other party who is debarred, suspended, or otherwise ineligible to receive funds. SUBRECIPIENT certifies that SUBRECIPIENT is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in the Agreement by any federal department or agency. SUBRECIPIENT shall complete Exhibit F - Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form before execution of this subaward. 12. ASSURANCES AGENCY and SUBRECIPIENT agree that all activity pursuant to this subaward will be in accordance with all the applicable current federal, state, and local laws, rules, and regulations. 13. ORDER OF PRECEDENCE Each of the exhibits listed below is by this reference hereby incorporated into this subaward. In the event of an inconsistency in this subaward, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable federal statutes and regulations. 2. Terms and conditions of a grant awarded to the state from the federal government, attached as Exhibit B 3. Washington State statutes and regulations. 4. Special terms and conditions as contained in this basic contract instrument. 5. Exhibit A – WA State Department of Natural Resources General Terms and Conditions. 6. Any other provision, term or material incorporated herein by reference or otherwise incorporated. 14. STATE SUBCONTRACTS Subcontractor means not in the employment of the State of Washington, who is performing all, or part of the activities related to this agreement under a separate contract with SUBRECIPIENT responsible for the scope of work as identified within. If utilizing subcontractors to perform the 42 SUBAWARD AGREEMENT NO. Agreement number Page 9 of 48 Form update date: 2024.04.10 scope of work, SUBRECIPIENT is required to obtain subcontractors in compliance with RCW 39.26. 15. SUBCONTRACTOR PAYMENTS REPORTING REQUIREMENTS This contract is subject to compliance tracking using the State’s business diversity management system, Access Equity (B2Gnow). Access Equity is web-based and can be accessed at the Office of Minority and Women’s Business Enterprises at https://omwbe.diversitycompliance.com/. SUBRECIPIENT and all subcontractors shall report and confirm receipt of payments made to SUBRECIPIENT and each subcontractor through Access Equity. User guides and documentation related to SUBRECIPIENT and subcontractor access to, and use of Access Equity are available online at https://omwbe.wa.gov/access-equity-help-center. DNR reserves the right to withhold payments from SUBRECIPIENT for non-compliance with this section. For purposes of this section, subcontractor means any subcontractor working on the contract, at any tier and regardless of status as certified WMBE or Non-WMBE. SUBRECIPIENT shall: 1. Register and enter all required subcontractor information into Access Equity no later than fifteen (15) days after DNR creates the Contract Record. 2. Complete the required user training (two (2) one-hour online sessions) no later than twenty (20) days after DNR creates the Contract Record. 3. Report the amount and date of all payments (i) received from the DNR, and (ii) paid to Subcontractors, no later than a date mutually agreed to by the parties, issuance of each payment made by DNR to SUBRECIPIENT, unless otherwise specified in writing by DNR, except that SUBRECIPIENT shall mark as “Final” and report the final subcontractor payments) into Access Equity no later than thirty (30) days after the final payment is due the subcontractor(s) under the contract, with all payment information entered no later than sixty (60) days after end of fiscal year. 4. Monitor contract payments and respond promptly to any requests or instructions from DNR or system-generated messages to check or provide information in Access Equity. 5. Coordinate with subcontractors, or DNR when necessary, to resolve promptly any discrepancies between reported and received payments. 6. Require each subcontractor to: (i) register in Access Equity and complete the required user training; (ii) verify the amount and date of receipt of each payment from SUBRECIPIENT or a higher tier subcontractor, if applicable, through Access Equity; (iii) report payments made to any lower tier subcontractors, if any, in the same manner as specified herein; (iv) respond promptly to any requests or instructions from SUBRECIPIENT or system- generated messages to check or provide information in Access Equity; and (v) coordinate SUBRECIPIENT, or DNR when necessary, to resolve promptly any discrepancies between reported and received payments. SUBRECIPIENT is obligated to complete the vendor registration in Access Equity. Access Equity is a secure online vendor management system (B2GNow). Confidential information (Tax ID, etc.) will not be published. SUBRECIPIENTS that have previously registered with B2Gnow for any public entity, must verify the system has updated information. SUBRECIPIENTS can access the 43 SUBAWARD AGREEMENT NO. Agreement number Page 10 of 48 Form update date: 2024.04.10 system at https://omwbe.diversitycompliance.com/ or through a direct link on the Office of Minority and Women’s Business Enterprises (OMWBE) website at: https://omwbe.wa.gov/. Each month during the subaward, SUBRECIPIENT will report payments to ALL subcontractors through the Access Equity system. This monthly reporting information includes total payment in dollars made to the subcontractor, payment dates, and any additional information required to verify payment to subcontractors. SUBRECIPIENT will enter this payment information into the Access Equity system, and the subcontractors will verify this payment information in the system. Online training is available through the Access Equity/B2Gnow system. This requirement applies to both SUBRECIPIENTS and subcontractors. In the Access Equity system, PRIME CONTRACTOR is defined as a SUBRECIPIENT that signs a contract with DNR, but also subcontracts a portion of the work to other businesses and manages the performance of subcontracted work. 16. SUBCONTRACTOR INCLUSION PLAN Any SUBRECIPIENT entering into a contract shall ensure that all subcontractors complete a Subcontractor Inclusion Plan (see Exhibit G). The State of Washington works towards providing the maximum practicable opportunity for small and diverse businesses in the performance of all State contracts. SUBRECIPIENT shall use genuine efforts to utilize race- or gender-neutral means to allow opportunities for small and diverse businesses to participate in subcontracts, where participation opportunities are present. SUBRECIPIENT shall make genuine efforts to ensure all available business enterprises, including small and diverse businesses, have equal opportunity for participation which might be presented under this Agreement. Examples of genuine efforts include, but are not limited to, the following: 1. Submit inclusion plans with genuine efforts to meet the aspirational goals on the project; 2. Engaging in targeted outreach; 3. Providing training; and 4. Using the OMWBE & DBA certified business directories to locate certified minority, women- and veteran-owned businesses, and WEBS to search for qualified small business. SUBRECIPIENT shall include a similar provision in all subcontracts awarded for work to be performed under the contract with the State. 17. ENTIRE AGREEMENT This subaward, including referenced exhibits, represents all the terms and conditions agreed upon by the parties. No other statements or representations, written or oral, shall be deemed a part hereof. 18. CONFORMANCE If any provision of this subaward 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. 19. APPROVAL 44 SUBAWARD AGREEMENT NO. Agreement number Page 11 of 48 Form update date: 2024.04.10 By signature below, the Parties certify that the individuals listed in this document, as representatives of the Parties, are authorized to act in their respective areas for matters related to this instrument. IN WITNESS WHEREOF, the Parties have executed this Agreement. SUBRECEPIENT NAME STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Signature Date Signature Date Name Name Title Title Address Address Telephone Telephone 45 SUBAWARD AGREEMENT NO. Agreement number Page 12 of 48 Form update date: 2024.04.10 EXHIBIT A WA STATE DEPARTMENT OF NATURAL RESOURCES GENERAL TERMS AND CONDITIONS 1. ACCESS TO DATA The Subrecipient shall provide access to data generated under this subaward to the Agency, the Joint Legislative Audit and Review Committee, and the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the Subrecipient’s reports, including computer models and methodology for those models. 2. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this subaward shall be made by the Agency. 3. AMENDMENTS This subaward 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. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 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 telecommunications. 5. ANTITRUST The Subrecipient hereby assigns to Agency any and all of its claims for price fixing or overcharges, which arise under federal or state law relating to the goods, products, or services purchased under this subaward. 6. ASSIGNMENT Neither this subaward, nor any claim arising under this subaward, shall be transferred or assigned by the Subrecipient without prior written consent of the Agency. Subrecipient may not assign its rights under this Subaward without Department of Natural Resources (DNR) prior written consent and DNR may consider any attempted assignment without such consent to be void; Provided, however, that, if Subrecipient provides written notice to DNR within thirty (30) calendar days, Subrecipient may assign its rights under this Subaward in full to any parent, subsidiary, or affiliate of the Subrecipient that controls or is controlled by or under common control with the Subrecipient, is merged or consolidated with the Subrecipient, or purchases a majority or controlling interest in the ownership or assets of the Subrecipient. Unless 46 SUBAWARD AGREEMENT NO. Agreement number Page 13 of 48 Form update date: 2024.04.10 otherwise agreed, the Subrecipient guarantees prompt performance of all obligations under this Subaward notwithstanding any prior assignment of its rights. 7. ATTORNEYS’ FEES In the event of litigation or other action brought to enforce subaward terms, each party agrees to bear its own attorney fees and costs. 8. COMPLIANCE WITH APPLICABLE LAW At all times during the term of the subaward, the Subrecipient shall comply with all applicable laws. 9. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION The Subrecipient shall not use or disclose any information concerning the Agency, or information that may be classified as confidential, for any purpose not directly connected with the administration of this subaward, except with prior written consent of the Agency, or as may be required by law. 10. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, the Agency may, in its sole discretion, by written notice to the Subrecipient terminate this subaward if it is found after due notice and examination by the Agent that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the Subrecipient in the procurement of, or performance under this subaward. In the event this subaward is terminated as provided above, the Agency shall be entitled to pursue the same remedies against the Subrecipient as it could pursue in the event of a breach of the subaward by the Subrecipient. The rights and remedies of the Agency provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the Agent makes any determination under this clause shall be an issue and may be reviewed as provided in the “Disputes” clause of this subaward. 11. COPYRIGHT PROVISIONS Unless otherwise provided, all materials produced under this subaward shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by the Agency. The Agency 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, Subrecipient hereby irrevocably assigns all right, title, and interest in materials, including all intellectual property rights, to the Agency 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 subaward, but that incorporate pre-existing materials not produced under the subaward, Subrecipient hereby grants to the Agency a nonexclusive, royalty- 47 SUBAWARD AGREEMENT NO. Agreement number Page 14 of 48 Form update date: 2024.04.10 free, irrevocable license (with rights to sublicense others) in such materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Subrecipient warrants and represents that Subrecipient has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the Agency. The Subrecipient shall exert all reasonable effort to advise the Agency, at the time of delivery of materials furnished under this subaward, of all known or potential invasions of privacy contained therein and of any portion of such document that was not produced in the performance of this subaward. The Agency shall receive prompt written notice of each notice or claim of infringement received by the Subrecipient with respect to any data delivered under this subaward. The Agency shall have the right to modify or remove any restrictive markings placed upon the data by the Subrecipient. 12. COVENANT AGAINST CONTINGENT FEES The Subrecipient warrants that no person or selling Agent has been employed or retained to solicit or secure this subaward upon a subaward or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established Agents maintained by the Subrecipient for securing business. The Agency shall have the right, in the event of breach of this clause by the Subrecipient, to annul this subaward without liability or, in its discretion, to deduct from the subaward price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. 13. DEFAULT Subrecipient shall be in default if it is in material breach of any term or condition of the subaward. The time of default shall begin when the material breach occurs or after any applicable opportunity to cure period lapses, whichever is later. 14. DELIVERY, INSPECTION, REJECTION, CURE: 1. TIME OF THE ESSENCE: Time is of the essence in the performance of the subaward. 2. SHIPPING & RISK OF LOSS. All goods subject to the Subaward shall be shipped F.O.B. destination. Risk of loss of the goods shall pass to the Agency at the time the goods are accepted by the Agency. 3. INSPECTION: The Agency's inspection of all goods upon delivery is for the sole purpose of identification. Such inspection shall not be construed as acceptance of the goods. 4. REJECTION: The Agency may reject any nonconforming Deliverables by reasonably notifying the Subrecipient in writing. 5. OPPORTUNITY TO CURE: Subrecipient shall have the right to cure the materiality of any breach prior to the time for performance under the Subaward. This right to cure terminates upon the time for performance. 15. DEFINITIONS Definitions for the purposes of this subaward include: 48 SUBAWARD AGREEMENT NO. Agreement number Page 15 of 48 Form update date: 2024.04.10 AGENCY – any state office or activity of the executive and judicial branches of state government, including state agencies, departments, offices, divisions, boards, commissions, institutions of higher education as defined in RCW 28B.10.016, and correctional and other types of institutions. AGENT – Personnel authorized to act on behalf of the Agency for matters contained within. BUSINESS DAYS – Monday through Friday, 8AM to 5PM, Pacific Standard Time, or, Pacific Daylight Time, Olympia, Washington, USA. CALENDAR DAY – Midnight to midnight, any day of the week. CFR - Code of Federal Regulations. All references in this subaward to CFR chapters or sections shall include any successor, amended, or replacement regulation. The CFR may be accessed at https://www.ecfr.gov/ DEBARMENT – An action taken by a federal official to exclude a person or business entity from participating in transactions involving certain federal funds. DNR – Washington State Department of Natural Resources, an Agency of the State of Washington, and any division, section, office, unit or other entity of, or any of the officers or other officials lawfully representing the department. EQUIPMENT – Products or materials having a fair market value of $5,000 or more per unit and a useful life of over one year. GOODS – Products, materials, supplies, or equipment provided by a Subrecipient PURCHASE – The acquisition of goods or services, including the leasing or renting of goods. RCW – Revised Code of Washington. All references in this subaward to RCW chapters or sections shall include any successor, amended, or replacement statute. The RCW can be accessed at http://apps.leg.wa.gov/RCW/. SERVICES – Labor, work, analysis, or similar activities provided by a Subrecipient to accomplish a specific scope of work. SUBAWARD – An agreement between DNR and Subrecipient that includes terms and conditions, all appendices, and exhibits, associated Statements of Work (e.g. Subaward), and all amendments awarded. SUBCONTRACTOR – One not in the employment of the Subrecipient, who is performing all or part of the business activities related to this subaward under a separate contract with the Subrecipient. The terms "Subcontractor" and "Subcontractors" means Subcontractor(s) in any tier. SUBRECIPIENT – A non-federal entity that expends federal awards received from a pass- through entity to carry out a federal program but does not include an individual that is a beneficiary of such a program. A subrecipient may also be a recipient of other federal awards directly from a federal awarding agency. 49 SUBAWARD AGREEMENT NO. Agreement number Page 16 of 48 Form update date: 2024.04.10 Characteristics indicative of a federal award received by a SUBRECIPIENT are when the organization: 1. Determines who is eligible to receive what federal financial assistance; 2. Has its performance measured against whether the objectives of the federal program are met; 3. Has responsibility for programmatic decision making; 4. Has responsibility for adherence to applicable federal program compliance requirements; 5. Uses the federal funds to carry out a program of the organization as compared to providing goods or services for a program of the pass-through entity; 6. Operates on the basis of allowable costs no payment above cost is allowed; and 7. May be required to match or share costs of the program. USEFUL LIFE - Useful service life as based upon the United States Department of Treasury, Internal Revenue Service, policies on depreciation for tax purposes, unless SUBRECIPIENT or subcontractor documents in writing some different period that the DNR agrees to in writing. VENDOR – Individual, firm, organization, company or other entity offering products and/or services. WORKING DAYS – Midnight to midnight, Monday through Friday, excluding weekends and state legal holidays. 16. DISALLOWED COSTS The Subrecipient is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. 17. DISPUTES Except as otherwise provided in this subaward, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Agent. 1. The request for a dispute hearing must:  Be in writing;  State the disputed issue(s);  State the relative positions of the parties;  State the Subrecipient’s name, address, and agreement number; and  Be mailed to the Agent and the other party’s (respondent’s) subaward manager within three (3) working days after the parties agree that they cannot resolve the dispute. 2. The respondent shall send a written answer to the requester’s statement to both the Agent and the requester within five 5 working days. 3. The Agent shall review the written statements and reply in writing to both parties within 10 working days. The Agent may extend this period if necessary by notifying the parties. 4. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this subaward shall be construed to limit the parties’ choice of a mutually acceptable alternate dispute resolution method in addition to the dispute resolution procedure outlined above. 50 SUBAWARD AGREEMENT NO. Agreement number Page 17 of 48 Form update date: 2024.04.10 18. DUPLICATE PAYMENT The Agency shall not pay the Subrecipient, if the Subrecipient has charged or will charge the State of Washington or any other party under any other subaward or agreement, for the same goods delivered or services rendered. 19. ENVIRONMENTAL CONSIDERATIONS Environmental considerations do not apply to this subaward. 20. EXECUTIVE ORDER 18-03 – WORKERS’ RIGHTS MANDATORY INDIVIDUAL ARBITRATION. If Bidder returned Contractor Certification – Executive Order 18-03 Worker’s Rights, and Subrecipient represents and warrants, as previously certified in Subrecipient’s bid, quotation and/or proposal submission, that Subrecipient does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers. Subrecipient further represents and warrants that, during the term of this subaward, Subrecipient shall not, as a condition of employment, require its employees to sign or agree to mandatory individual arbitration clauses or class or collective action waivers. 21. FUNDING SOURCE At all times during the course of this subaward, the Subrecipient must comply with applicable laws, rules, policy and regulations required by the source of funding for the subaward. If this subaward is funded by a grant, the terms and conditions required by the granting entity are attached as Exhibit B. 22. GOVERNING LAW This subaward 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. 23. HARASSMENT Per RCW 43.01.135, Sexual harassment in the workplace, Agency contractors hereby have access to DNR Policy PO01-052 Sexual Harassment: https://www.dnr.wa.gov/publications/em_harassment_prevention_policy.pdf. DNR’s Policy PO01-051 Safe and Respectful Workplace, linked below, outlines DNR’s commitment and the expectations for contractors: www.dnr.wa.gov/publications/em_safe_respectful_workplace_policy.pdf. DNR’s Policy PO01-037 Harassment Prevention outlines DNR’s commitment and the expectations for contractors: www.dnr.wa.gov/publications/em_harassment_prevention_policy_037.pdf. 24. INDEMNIFICATION To the fullest extent permitted by law, Subrecipient shall indemnify, defend, and hold harmless the State, agencies of State and all officials, Agents and employees of the State, from and against all 51 SUBAWARD AGREEMENT NO. Agreement number Page 18 of 48 Form update date: 2024.04.10 claims for injuries or death arising out of or resulting from the performance of the subaward. “Claim,” as used in this subaward, means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorney’s fees, attributable for bodily injury, sickness, disease, or death, or injury to or destruction of tangible property including loss of use resulting therefrom. Subrecipient’s obligations to indemnify, defend, and hold harmless includes any claim by Subrecipients’ Agents, employees, representatives, or any Subcontractor or its employees. Subrecipient expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incidental to Subrecipient’s or any Subcontractor’s performance or failure to perform the contract. Subrecipient’s obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State or its Agents, agencies, employees and officials. Subrecipient waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless State and its agencies, officials, Agents or employees. 25. INDEPENDENT CAPACITY OF THE SUBRECIPIENT The parties intend that an independent Subrecipient relationship will be created by this subaward. The Subrecipient and his or her employees or Agents performing under this subaward are not employees or Agents of the Agency. The Subrecipient will not hold himself/herself out as or claim to be an officer or employee of the Agency or of the State of Washington by reason hereof, nor will the Subrecipient make any claim of right, privilege or benefit that would accrue to such employee under law. Conduct and control of the work will be solely with the Subrecipient. 26. INDUSTRIAL INSURANCE COVERAGE The Subrecipient shall comply with the provisions of Title 51 RCW, Industrial Insurance. If the Subrecipient fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees, as may be required by law, Agency may collect from the Subrecipient the full amount payable to the Industrial Insurance accident fund. The Agency may deduct the amount owed by the Subrecipient to the accident fund from the amount payable to the Subrecipient by the Agency under this subaward and transmit the deducted amount to the Department of Labor and Industries (L&I), Division of Insurance Services. This provision does not waive any of L&I’s rights to collect from the Subrecipient. 27. INTERGRATION The subaward contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of the subaward shall be deemed to exist or to bind any of the parties hereto. 28. LICENSING, ACCREDITATION AND REGISTRATION The Subrecipient shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements/standards necessary for the performance of this subaward. 29. LIMITATION OF AUTHORITY 52 SUBAWARD AGREEMENT NO. Agreement number Page 19 of 48 Form update date: 2024.04.10 Only the Agent or Agent’s delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this subaward. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this subaward is not effective or binding unless made in writing and signed by the Agent. 30. NONDISCRIMINATION During the performance of this subaward, the Subrecipient shall comply with all federal and state nondiscrimination laws, regulations, and policies. 31. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS a. Nondiscrimination Requirement. During the term of this Contract, Subrecipient, including any subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, Subrecipient, including any subcontractor, shall give written notice of this nondiscrimination requirement to any labor organizations with which Subrecipient, or subcontractor, has a collective bargaining or other agreement. b. Obligation to Cooperate. Subrecipient, including any subcontractor, shall cooperate and comply with any Washington state agency investigation regarding any allegation that Subrecipient, including any subcontractor, has engaged in discrimination prohibited by this Contract pursuant to RCW 49.60.530(3). c. Default. Notwithstanding any provision to the contrary, DNR may suspend Subrecipient, including any subcontractor, upon notice of a failure to participate and cooperate with any state agency investigation into alleged discrimination prohibited by this Contract, pursuant to RCW 49.60.530(3). Any such suspension will remain in place until DNR receives notification that Subrecipient, including any subcontractor, is cooperating with the investigating state agency. In the event Subrecipient, or subcontractor, is determined to have engaged in discrimination identified at RCW 49.60.530(3), DNR may terminate this Contract in whole or in part, and CONTRACTOR, subcontractor, or both, may be referred for debarment as provided in RCW 39.26.200. Subrecipient or subcontractor may be given a reasonable time in which to cure this noncompliance, including implementing conditions consistent with any court-ordered injunctive relief or settlement agreement. d. Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Contract termination or suspension for engaging in discrimination, Subrecipient, subcontractor, or both, shall be liable for contract 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, which damages are distinct from any penalties imposed under Chapter 49.60, RCW. DNR shall have the right to deduct from any monies due to Subrecipient or subcontractor, or that thereafter become due, an amount for damages Subrecipient or subcontractor will owe DNR for default under this provision. 32. PRIVACY Personal information including, but not limited to, “Protected Health Information,” collected, used, or acquired in connection with this subaward shall be protected against unauthorized use, disclosure, modification or loss. Subrecipient shall ensure its directors, officers, employees, 53 SUBAWARD AGREEMENT NO. Agreement number Page 20 of 48 Form update date: 2024.04.10 Subcontractors or Agents use personal information solely for the purposes of accomplishing the delivery of goods or rendering of services as set forth herein. Subrecipient and its Subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the Agency or as otherwise required by law. Any breach of this provision may result in termination of the subaward and the demand for return of all personal information. The Subrecipient agrees to indemnify and hold harmless the Agency for any damages related to the Subrecipient’s unauthorized use of personal information. 33. PUBLICITY The Subrecipient agrees to submit to the Agency all advertising and publicity matters relating to this subaward wherein the Agency’s name is mentioned, or language used from which the connection of the Agency’s name may, in the Agency’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 Agency. 34. RECORDS MAINTENANCE The Subrecipient shall maintain books, records, documents, data and other evidence relating to this subaward and performance of services rendered and/or delivery of goods as 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 subaward. Subrecipient 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 subaward, shall be subject at all reasonable times to inspection, review or audit by the Agency, personnel duly authorized by the Agency, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or subaward. 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. 35. REGISTRATION WITH DEPARTMENT OF REVENUE The Subrecipient shall complete registration with the Washington State Department of Revenue and be responsible for payment of all taxes due on payments made under this subaward. 36. REMEDIES: 1. With respect to any nonconforming Deliverables, the Agency may elect to do one or more of the following: a. SPECIFIC PERFORMANCE: If the Deliverables are unique, sole sourced, or otherwise deemed by the Agency to be unavailable elsewhere, the Agency may demand specific performance. b. COVER: The Agency may obtain substitute Deliverables and charge the Subrecipient the difference between the cost of the substitute Deliverables and the contracted for price. 54 SUBAWARD AGREEMENT NO. Agreement number Page 21 of 48 Form update date: 2024.04.10 c. PRICE REDUCTION: The Agency may retain nonconforming Deliverables and equitably reduce the price of the subaward based on the difference between the contracted for price and the fair market value of the nonconforming Deliverables. d. RETURN: The Agency may return or set aside for pickup by the Subrecipient any nonconforming goods and terminate the subaward for cause. 2. The Subrecipient shall be liable for all compensatory, incidental and consequential damages caused by any breach of the subaward. At the sole option of the Agency, such damages may be recovered, in whole or in part, by price reduction or credit against any amounts that may be owed to the Subrecipient under the subaward. 3. The agency's total liability for all damages arising out of or related to the subaward shall in no event exceed the purchase price of the subaward. Furthermore, in the event of a termination of the subaward, the agency's total liability for all damages arising out of or related to the subaward shall not exceed the purchase price of goods delivered or services rendered prior to the effective date of the termination. 4. The rights and remedies provided by the subaward are cumulative and are not exclusive of any other or additional rights or remedies available at law and in equity. 37. RIGHT OF INSPECTION The Subrecipient shall provide right of access to its facilities to the Agency, or any of its officers, or to any other authorized Agent or official of the State of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this subaward. 38. 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 subaward and prior to normal completion, the Agency may terminate the subaward under the "Termination for Convenience" clause, without the ten-day notice requirement, subject to renegotiation at the Agency’s discretion under those new funding limitations and conditions. 39. SEVERABILITY The provisions of this subaward 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 subaward. 40. SITE SECURITY While on Agency premises, Subrecipient, its Agents, employees, or Subcontractors shall conform in all respects with physical, fire or other security policies or regulations. 41. SUBCONTRACTING Neither the Subrecipient nor any Subcontractor shall enter into subcontracts for any of the work contemplated under this subaward without obtaining prior written approval of the Agency. In no event shall the existence of the subcontract operate to release or reduce the liability of the Subrecipient to the Agency for any breach in the performance of the Subrecipient’s duties. This clause does not include subawards of employment between the Subrecipient and personnel assigned to work under this subaward. 55 SUBAWARD AGREEMENT NO. Agreement number Page 22 of 48 Form update date: 2024.04.10 Additionally, the Subrecipient is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this subaward are carried forward to any subcontracts. Subrecipient and its Subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the Agency or as provided by law. 42. TAXES All payments accrued because of payroll taxes, unemployment contributions, any other taxes, insurance or other expenses for the Subrecipient or its staff shall be the sole responsibility of the Subrecipient. 43. TERMINATION FOR CAUSE In the event the Agency determines the Subrecipient has failed to comply with the conditions of this subaward in a timely manner, the Agency has the right to suspend or terminate this subaward. Before suspending or terminating the subaward, the Agency shall notify the Subrecipient in writing (including email) of the need to take corrective action. If corrective action is not taken within 30 calendar days, the subaward may be terminated or suspended. In the event of termination or suspension, the Subrecipient shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original subaward and the replacement or cover subaward and all administrative costs directly related to the replacement subaward, e.g., cost of the competitive bidding, mailing, advertising and staff time. The Agency reserves the right to suspend all or part of the subaward, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Subrecipient or a decision by the Agency to terminate the subaward. A termination shall be deemed a “Termination for Convenience” if it is determined that the Subrecipient: (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 the Agency provided in this subaward are not exclusive and are, in addition to any other rights and remedies, provided by law. 44. TERMINATION FOR CONVENIENCE Except as otherwise provided in this subaward, the Agency may, by 10 calendar days written notice (including email), beginning on the second calendar day after the notice is sent, terminate this subaward, in whole or in part. If this subaward is so terminated, the Agency shall be liable only for payment required under the terms of this subaward for goods delivered or services rendered prior to the effective date of termination. 45. TERMINATION PROCEDURES Upon termination of this subaward, the Agency, in addition to any other rights provided in this subaward, may require the Subrecipient to deliver to the Agency any property specifically produced or acquired for the performance of such part of this subaward as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. 56 SUBAWARD AGREEMENT NO. Agreement number Page 23 of 48 Form update date: 2024.04.10 The Agency shall pay to the Subrecipient the agreed upon price, if separately stated, for goods or services accepted by the Agency, and the amount agreed upon by the Subrecipient and the Agency for (i) goods delivered or services rendered for which no separate price is stated, (ii) partially completed goods delivered or services rendered, (iii) other goods delivered or services rendered that are accepted by the Agency, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Agent shall determine the extent of the liability of the Agency. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this subaward. The Agency may withhold from any amounts due the Subrecipient such sum as the Agent determines to be necessary to protect the Agency against potential loss or liability. The rights and remedies of the Agency provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this subaward. After receipt of a notice of termination, and except as otherwise directed by the Agent, the Subrecipient shall: 1. Stop work under the subaward on the date, and to the extent specified, in the notice; 2. 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 subaward that is not terminated; 3. Assign to the Agency, in the manner, at the times, and to the extent directed by the Agent, all of the rights, title, and interest of the Subrecipient under the orders and subcontracts so terminated, in which case the Agency has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; 4. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Agent to the extent Agent may require, which approval or ratification shall be final for all the purposes of this clause; 5. Transfer title to the Agency and deliver in the manner, at the times, and to the extent directed by the Agent any property which, if the subaward had been completed, would have been required to be furnished to the Agency; 6. Complete performance of such part of the work as shall not have been terminated by the Agent; and 7. Take such action as may be necessary, or as the Agent may direct, for the protection and preservation of the property related to this subaward, which is in the possession of the Subrecipient and in which the Agency has or may acquire an interest. 46. TREATMENT OF ASSETS 1. Title to all property furnished by the Agency shall remain in the Agency. Title to all property furnished by the Subrecipient, for the cost of which the Subrecipient is entitled to be reimbursed as a direct item of cost under this subaward, shall pass to and vest in the Agency upon delivery of such property by the Subrecipient. Title to other property, the cost of which is reimbursable to the Subrecipient under this subaward, shall pass to and vest in the Agency upon (i) issuance for use of such property in the performance of this subaward, or (ii) commencement of use of such property in the performance of this subaward, or (iii) reimbursement of the cost thereof by the Agency in whole or in part, whichever first occurs. 57 SUBAWARD AGREEMENT NO. Agreement number Page 24 of 48 Form update date: 2024.04.10 2. Any property of the Agency furnished to the Subrecipient shall, unless otherwise provided herein or approved by the Agency, be used only for the performance of this subaward. 3. The Subrecipient shall be responsible for any loss or damage to property of the Agency that results from the negligence of the Subrecipient, or which results from the failure on the part of the Subrecipient to maintain and administer that property in accordance with sound management practices. 4. If any Agency property is lost, destroyed or damaged, the Subrecipient shall immediately notify the Agency and shall take all reasonable steps to protect the property from further damage. 5. The Subrecipient shall surrender to the Agency all property of the Agency prior to settlement upon completion, termination or cancellation of this subaward. 6. All reference to the Subrecipient under this clause shall also include Subrecipient's employees, Agents or Subcontractors. 47. U.S. DEPARTMENT OF TREASURY, OFFICE OF FOREIGN ASSETS CONTROL The Agency complies with U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC) payment rules. OFAC prohibits financial transactions with individuals or organizations, which have been placed on the OFAC Specially Designated Nationals (SDN) and Blocked Persons sanctions list located at U.S. Treasury Specially Designated Nationals And Blocked Persons List. Compliance with OFAC payment rules ensures that the Agency does not conduct business with individuals or organizations that have been determined to be supporters of terrorism and international drug dealing or that pose other dangers to the United States. Prior to making payment to individuals or organizations, the Agency will download the current OFAC SDN file and compare it to Agency and statewide vendor files. In the event of a positive match, the Agency reserves the right to: (1) make a determination of “reasonability” before taking the positive match to a higher authority, (2) seek assistance from the Washington State Office of the State Treasurer (OST) for advanced assistance in resolving the positive match, (3) comply with an OFAC investigation, if required, and/or (4) if the positive match is substantiated, notify the Subrecipient in writing and terminate the subaward according to the Termination for Convenience provision without making payment. The Agency will not be liable for any late payment fees or missed discounts that are the result of time required to address the issue of an OFAC match. 48. WAIVER Waiver of any default or breach shall not be deemed a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this subaward unless stated to be such in writing and signed by authorized representative of the Agency. 49. WARRANTIES Subrecipient warrants that all Deliverables provided under this subaward shall be fit for the purpose(s) for which intended, are merchantable, and shall conform to the requirements and specifications herein. 58 SUBAWARD AGREEMENT NO. Agreement number Page 25 of 48 Form update date: 2024.04.10 EXHIBIT B FEDERAL SUBAWARD TERMS AND CONDITIONS 1. COMPLIANCE WITH FEDERAL REGULATIONS SUBRECIPIENT and its consultants and subcontractors shall comply with the following federal laws and regulations, whenever and wherever they are applicable. SUBRECIPIENT and its consultants and subcontractors shall timely obtain all permits and approvals necessary to lawfully implement the project. SUBRECIPIENT and its subcontractors and consultants shall include in all contracts, subcontracts, and purchase orders for this project the following list of laws and regulations and shall require compliance with such laws and requirements: 1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) relating to non-discrimination in performance of the project and to the benefits. 2) Title VIII of the Civil Rights Act of 1968 (P.L. 90-284) as amended. 3) Executive Order 11246 dealing with non-discrimination in employment as amended by Executive Orders 11375. 4) General procurement standards in §§ 200.318 through 200.327 of the Code of Federal Regulations. 2. SYSTEM FOR AWARD MANAGEMENT REGISTRATION REQUIREMENT (SAM) SUBRECIPIENT shall maintain current organizational information and the original Unique Entity Identifier (UEI) in the System for Award Management (SAM) until receipt of final payment. This requires annual review and updates, when needed, of organizational information after the initial registration. More frequent review and updates may be required for changes in organizational information or award term(s). Any change to the original UEI provided in this agreement will result in termination of this agreement and de-obligation of any remaining funds. For the purposes of this agreement, System for Award Management (SAM) means the federal repository into which an entity must provide information required for the conduct of business as a Cooperative. Additional information about registration procedures may be found at the SAM Internet site at www.sam.gov. 3. COPYRIGHTING No original text or graphics produced and submitted by the Forest Service shall be copyrighted. The Forest Service reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use the work for federal government purposes. This provision includes: • The copyright in any work developed by SUBRECIPIENT under this subaward. • Any right of copyright to which SUBRECIPIENT purchase(s) ownership with any federal contributions. 4. NONDISCRIMINATION STATEMENT – PRINTED, ELECTRONIC, OR AUDIOVISUAL MATERIAL SUBRECIPIENT shall include the following statement, in full, in any printed, audiovisual material, or electronic media for public distribution developed or printed with any federal funding. 59 SUBAWARD AGREEMENT NO. Agreement number Page 26 of 48 Form update date: 2024.04.10 “In accordance with federal law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, disability, and reprisal or retaliation for prior civil rights activity. (Not all prohibited bases apply to all programs.) Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, and American Sign Language) should contact the responsible State or local Agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. To file a program discrimination complaint, a complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form, which can be obtained online at https://www.ocio.usda.gov/document/ad-3027, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by: 1) Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, D.C. 20250-9410; or 2) Fax: (833) 256-1665 or (202) 690-7442; or 3) Email: program.intake@usda.gov.” If the material is too small to permit the full Non-Discrimination Statement to be included, the material will, at a minimum, include the alternative statement: “This institution is an equal opportunity provider.” 5. CONFLICT OF INTEREST AND CODE OF CONDUCT SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the United States Forest Service (USFS) Program has any personal financial interest, direct or indirect, in this subaward. SUBRECIPIENT further covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services hereunder. SUBRECIPIENT further covenants that in the performance of this subaward, no person having any conflicting interest will be employed. Any interest on the part of the SUBRECIPIENT or its employees must be disclosed to DNR. No officer, employee or agent of the SUBRECIPIENT shall participate in the selection, award, or administration of activity funded in whole or in part with USFS funds if a conflict of interest, real or apparent, would exist, nor shall their families, or those with whom they have business ties, so benefit. In addition to the above, no official, employee, or agent of any federal, state, or local government for the area in which the project is located, nor members of their families, nor those with whom they have business ties, have or acquire any interest, direct or indirect, in any contract or subcontract or its proceeds for work accomplished in support of this subaward, nor shall they have or acquire any 60 SUBAWARD AGREEMENT NO. Agreement number Page 27 of 48 Form update date: 2024.04.10 interest, direct or indirect, in the project area which would conflict in any manner or degree with the project. 6. LOBBYING AND LITIGATION SUBRECIPIENT agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying. SUBRECIPIENT shall include the language of this provision in award documents for all subawards exceeding $100,000 and require that sub-awardees submit certification and disclosure forms accordingly. In accordance with the Byrd Anti-Lobbying Amendment, any recipient who makes a prohibited expenditure under Title 40 CFR Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each expenditure. All contracts awarded by SUBRECIPIENT shall contain, when applicable, the anti-lobbying provisions as stipulated in the Appendix at Title 40 CFR Part 30. Pursuant to Section 18 of the Lobbying Disclosure Act, Sub-Recipient affirms that it is not a non- profit organization described in Section 501(c)(4) of the Internal Revenue Code of 1986; or that it is a non-profit organization described in Section 501(c)(4) of the Code but does not and will not engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act. Legal expenses required in the administration of federal programs are allowable. Legal expenses for prosecution of claims against the federal government are unallowable. 7. CERTIFICATION REGARDING LOBBYING SUBRECIPIENT certifies, to the best of their knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or 61 SUBAWARD AGREEMENT NO. Agreement number Page 28 of 48 Form update date: 2024.04.10 entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 8. TRAFFICKING IN PERSONS 1) Provisions applicable to a subrecipient that is a private entity. a. You as SUBRECIPIENT and your employees, may not: i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in the performance of the award or subawards under the award. b. The federal awarding agency may unilaterally terminate this award, without penalty, if a SUBRECIPIENT that is a private entity: i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either: 1. Associated with performance under this award; or 2. Imputed to SUBRECIPIENT using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, ‘‘OMB Guidelines to Agencies on Government wide Debarment and Suspension (Nonprocurement),’’. 2) Provision applicable to a subrecipient other than a private entity. The federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity: a. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or b. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either— i. Associated with performance under this award; or ii. Imputed to SUBRECIPIENT using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, ‘‘OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),’’ 3) Provisions applicable to any recipient. a. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term. b. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section: i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and 62 SUBAWARD AGREEMENT NO. Agreement number Page 29 of 48 Form update date: 2024.04.10 ii. Is in addition to all other remedies for noncompliance that are available to us under this award. c. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity. 4) Definitions. For purposes of this award term: a. ‘‘Employee’’ means either: i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. b. ‘‘Forced labor’’ means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. c. ‘‘Private entity’’: i. Means any entity other than a state, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. ii. Includes: 1. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). 2. A for-profit organization. d. ‘‘Severe forms of trafficking in persons,’’ ‘‘commercial sex act,’’ and ‘‘coercion’’ have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). 9. DRUG-FREE WORKPLACE 1) SUBRECIPIENT agree(s) that it will publish a drug-free workplace statement and provide a copy to each employee who will be engaged in the performance of any project/program that receives federal funding. The statement must a. Tell the employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in its workplace; b. Specify the actions SUBRECIPIENT will take against employees for violating that prohibition; and c. Let each employee know that, as a condition of employment under any award, the employee: i. Shall abide by the terms of the statement, and ii. Shall notify SUBRECIPIENT in writing if they are convicted for a violation of a criminal drug statute occurring in the workplace, and shall do so no more than 5 calendar days after the conviction. 2) SUBRECIPIENT agree(s) that it will establish an ongoing drug-free awareness program to inform employees about a. The dangers of drug abuse in the workplace; b. The established policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation and employee assistance programs; and 63 SUBAWARD AGREEMENT NO. Agreement number Page 30 of 48 Form update date: 2024.04.10 d. The penalties that you may impose upon them for drug abuse violations occurring in the workplace. 3) Without the federal Program Manager’s expressed written approval, the policy statement and program must be in place as soon as possible, no later than the 30 days after the effective date of this instrument, or the completion date of this award, whichever occurs first. 4) SUBRECIPIENT agrees to immediately notify the Program Manager if an employee is convicted of a drug violation in the workplace. The notification must be in writing, identify the employee’s position title, the award number of each award on which the employee worked. The notification must be sent to the Program Manager within 10 calendar days after SUBRECIPIENT learns of the conviction. 5) Within 30 calendar days of learning about an employee’s conviction, SUBRECIPIENT must either a. Take appropriate personnel action against the employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973 (29 USC 794), as amended, or b. Require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for these purposes by a federal, state or local health, law enforcement, or other appropriate agency. 10. PROHIBITION AGAINST USING FUNDS WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS 1) SUBRECIPIENT may not require its employees, contractors, or second tier subrecipients seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting them from lawfully reporting that waste, fraud, or abuse to a designated investigative or law enforcement representative of a federal department or agency authorized to receive such information. 2) SUBRECIPIENT must notify its employees, contractors, or second tier subrecipients that the prohibitions and restrictions of any internal confidentiality agreements inconsistent with paragraph (1) of this award provision are no longer in effect. 3) The prohibition in paragraph (1) of this award provision does not contravene requirements applicable to any other form issued by a federal department or agency governing the nondisclosure of classified information. 4) If DNR determines that SUBRECIPIENT is not in compliance with this award provision, it; a. Will prohibit the subrecipient’s use of funds under this award in accordance with sections 743, 744 of Division E of the Consolidated Appropriations Act, 2016, (Pub. L. 114-113) or any successor provision of law; and b. May pursue other remedies available for the subrecipient’s material failure to comply with award terms and conditions. 11. ELIGIBLE WORKERS SUBRECIPIENT shall ensure that all employees complete the I-9 form to certify that they are eligible for lawful employment under the Immigration and Nationality Act (8 U.S.C. 1324(a)). SUBRECIPIENT shall comply with regulations regarding certification and retention of the completed forms. These requirements also apply to any contract or supplemental instruments awarded under this award. 64 SUBAWARD AGREEMENT NO. Agreement number Page 31 of 48 Form update date: 2024.04.10 12. FREEDOM OF INFORMATION ACT (FOIA) Public access to subaward or agreement records must not be limited, except when such records must be kept confidential and would have been exempted from disclosure pursuant to Freedom of Information regulations (5 U.S.C. 552). Requests for research data are subject to 2 CFR 315(e). Public access to culturally sensitive data and information of federally-recognized tribes may also be explicitly limited by P.L. 110-234, Title VIII Subtitle B §8106 (2009 Farm Bill). 13. TEXT MESSAGING WHILE DRIVING In accordance with Executive Order (EO) 13513, “Federal Leadership on Reducing Text Messaging While Driving,” any and all text messaging by federal employees is banned: a) while driving a Government Owned Vehicle (GOV) or driving a Privately Owned Vehicle (POV) while on official Government business; or b) using any electronic equipment supplied by the Government when driving any vehicle at any time. All subrecipients, their Employees, Volunteers, and Contractors are encouraged to adopt and enforce policies that ban text messaging when driving company owned, leased or rented vehicles, POVs or GOVs when driving while on official Government business or when performing any work for or on behalf of the Government. 14. PROMOTING FREE SPEECH AND RELIGIOUS FREEDOM As a subrecipient of USDA financial assistance, you will comply with the following: 1) Do not discriminate against applicants for sub-grants on the basis of their religious character. 2) 7 Code of Federal Regulations (CFR) part 16.3(a), Rights of Religious Organizations. 3) Statutory and National policy requirements, including those prohibiting discrimination and those described in Executive Order 13798 promoting free speech and religious freedom, 2 CFR 200.300. 15. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. SUBRECIPIENT is responsible for compliance with the prohibition on certain telecommunications and video surveillance services or equipment identified in 2 CFR 200.216. See Public Law 115-232, Section 889 for additional information. In accordance with 2 CFR 200.216, the grantee (including subrecipients) is prohibited from obligating or expending loan or grant funds for covered telecommunications equipment or services to: 1) procure or obtain, extend or renew a contract to procure or obtain; 2) enter into a contract (or extend or renew a contract) to procure; or 3) obtain the equipment, services or systems. 65 SUBAWARD AGREEMENT NO. Agreement number Page 32 of 48 Form update date: 2024.02.13 EXHIBIT C – 2024 UCF CFA PROJECT WORK PLAN TEMPLATE Subrecipient Organization Name: __________________________________________. 2024 Community Forestry Assistance Grant (Agreement Number ____________) Period of Performance: __________________________________________. Overview: [insert narrative based on submitted proposal] Activity 1: Title and Description Example: Town Outreach and Engagement: This activity will engage with local community members to identify needs and goals of the community, analyze data from interview and survey questions, and promote Urban Forestry techniques that can be used by the communities. Task Deliverable Completion Date Estimated Cost 1.1. Subcontractor skilled in public outreach to develop a survey to inquire about community goals and needs. Copy of survey developed (.pdf preferred). Documentation of payment to contractor for services rendered. June 1, 2025 $2,000 1.2. Distribute survey to community using various methods of delivery, including, but not limited to, posting on website, direct mailings, and one- on-one at public events. Report including: - Link to website where survey was posted and estimated number of respondents. - Copy of direct mail materials and number of households reached. - List of community events attended and approximate number of survey respondents. June 1, 2025 $4,580 1.3. $ 1.4. $ Activity 1 Total $6,580 66 SUBAWARD AGREEMENT NO. Agreement number Page 33 of 48 Form update date: 2024.02.13 Activity 2: Title and Description Example: City Urban Tree Inventory: Update existing inventory data and collect new data throughout the city, via subcontractor. Task Deliverable Completion Date Estimated Cost 2.1.Consultant updates existing tree inventory data. GIS data and excel export of updated tree inventory. June 1, 2025 $8,000 2.2. Consultants collect new point-based tree inventory data and performs data analysis. GIS data and excel export of new inventory data; results of analysis. June 1, 2025 $10,500 2.3. Consultant collects new inventory data using a sample-based approach. GIS data and excel export; results of analysis. June 1, 2025 $9,000 2.4. $ Activity 2 Total $27,500 Activity 3: Title and Description Example: Purchase and install street trees and irrigation: Plant new street trees in suitable planting locations as determined by contractor staff. Install irrigation to support tree establishment. Task Deliverable Completion Date Estimated Cost 3.1. Purchase and install irrigation to water new trees. Receipt of irrigation supply purchase; At least 3 photos of irrigation system installation. June 1, 2025 $4,354.67 3.2. Purchase and install at least 35 new street trees. Trees to be at least 1.5” caliper. Invoice of tree purchase with tree species listed; At least 2 photos of street trees being planted. June 1, 2025 $8,750 3.3.Purchase planting supplies, including, but not limited to: Mulch, Stakes, and Ties. Receipt of supplies purchased showing actual costs. June 1, 2025 $800 Activity 3 Total $13,904.67 Activities 1-3 Total $47,984.67 67 SUBAWARD AGREEMENT NO. Agreement number Page 34 of 48 Form update date: 2024.02.13 BUDGET TEMPLATE Budget cannot exceed $___________. See the Project Work Plan for activity and task descriptions. Table 1. Cost by Activity Activities Personnel and Benefits Travel Supplies Contractual Total Activity 1 $ $ $ $ $ Activity 2 $ $ $ $ $ Activity 3 $ $ $ $ $ Total $ $ $ $ $ Table 2. Cost by Line Item Personnel and Benefits Example: Project Manager ($38.54/hr) Primary coordinator of tree-planting community event. Work includes outreach, meeting facilitation, purchasing supplies, and preparing reports. Tasks 1.1, 1.2, 1.3, 2.1, 2.3, 3.2 $ Task(s) $ Task(s) $ Travel Example: Travel Expenses Lodging and mileage (GSA standard rates). Tasks 3.1, 3.2, 3.3 $ Task(s) $ Task(s) $ Supplies Example: Acme supplies and rental equipment Supply purchases, including event space, advertising, tent, printing, and miscellaneous office supplies. Task 1.3 $ Task(s) $ 68 SUBAWARD AGREEMENT NO. Agreement number Page 35 of 48 Form update date: 2024.02.13 Task(s) $ Contractual Example: Event Team Subcontractor Subcontractor will provide personnel to aid with event setup and cleanup. Tasks 1.1, 3.3 $ Task(s) $ Task(s) $ Total $ The project described herein is located on public property or is open to public access. No grant funds can used by SUBRECIPIENT to meet ordinary maintenance and operating expenses. By signature below, the Parties certify that the individuals listed in this document, as representatives of the Parties, are authorized to act in their respective areas for matters related to this instrument and are in agreement with its content. SUBRECIPIENT NAME STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Signature Date Signature Date Name Name Project Manager Project Manager Title Title 1111 Washington Street SE MS 47013 Olympia, WA 98504-7013 Address Address Telephone Telephone 69 SUBAWARD AGREEMENT NO. Agreement number Page 36 of 48 Form update date: 2024.02.13 EXHIBIT D – INVOICE TEMPLATE INVOICE Agreement Number: Invoice Date: Invoice Number: From: Subrecipient Organization Name (of PM) Subrecipient Project Manager Address Phone Email To: DNR Project Manager Washington State Department of Natural Resources 1111 Washington St SE Olympia, WA 98504-7013 Brief description of costs included in this invoice period. Cost Type Cost Task 1.1 Example: Tree Planting Event Example: - Project Coordinator (25 hrs. x $22 = $550.00) - Hotel (3 nights; $429.65; Receipt attached) - Mileage (50 miles x $0.67 = $33.50) - Name Tags ($58.46; Receipt attached) - Seedlings ($4,667.26; Receipt attached) - Set-up Crew ($759.25; Receipt attached) Personnel & Benefits $550.00 Travel $161.15 Supplies $4,725.72 Contractual $759.25 Subtotal Task 1.1 $6,196.12 Task 1.2 Personnel & Benefits $ Travel $ Supplies $ Contractual $ Subtotal Task 1.2 $0.00 Task 1.3 Personnel & Benefits $ Travel $ Supplies $ 70 SUBAWARD AGREEMENT NO. Agreement number Page 37 of 48 Form update date: 2024.02.13 Contractual $ Subtotal Task 1.3 $0.00 Total Activity 1 $6,196.12 Activity 2 Brief description of costs included in this invoice period. Cost Type Subtotal Task 2.1 Personnel & Benefits $ Travel $ Supplies $ Contractual $ Subtotal Task 2.1 $0.00 Task 2.2 Personnel & Benefits $ Travel $ Supplies $ Contractual $ Subtotal Task 2.2 $0.00 Task 2.3 Personnel & Benefits $ Travel $ Supplies $ Contractual $ Subtotal Task 2.3 $0.00 Total Activity 2 $0.00 Activity 3 Brief description of costs included in this invoice period. Cost Type Subtotal Task 3.1 Personnel & Benefits $ Travel $ Supplies $ Contractual $ Subtotal Task 3.1 $0.00 Task 3.2 Personnel & Benefits $ Travel $ Supplies $ Contractual $ Subtotal Task 3.2 $0.00 71 SUBAWARD AGREEMENT NO. Agreement number Page 38 of 48 Form update date: 2024.02.13 Task 3.3 Personnel & Benefits $ Travel $ Supplies $ Contractual $ Subtotal Task 3.3 $0.00 Total Activity 3 $0.00 Total Activities 1-3 $6,196.12 72 SUBAWARD AGREEMENT NO. Agreement number Page 39 of 48 Form update date: 2024.02.13 EXHIBIT E – FINANCIAL HEALTH REVIEW FINANCIAL HEALTH REVIEW The purpose of this checklist is to assist your organization in understanding the minimum requirements necessary to accept, manage, and spend federal funds as a subrecipient. The responses to this checklist are used by Washington State Department of Natural Resources (DNR) to develop monitoring and technical assistance plans for subrecipients. Any ‘No’ response will not automatically disqualify your entity from receiving funds from DNR. These answers will inform our monitoring approach and technical support. A representative from your organization must review and complete the form, certifying in the last section that they have read and understand items listed in this document. Return the completed form to the designated DNR contact. SUBRECIPIENT INFORMATION Subrecipient Organization Name Subaward Number Federal Fiscal Year Federal Award Identification Number FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY (FFATA) DECLARATION YES NO 1. In your organization’s preceding completed fiscal year, did your business or organization receive (a) 80 percent or more of its annual gross revenues in U.S. federal contract, subcontracts, loans, grants, subgrants, and/or cooperative agreements; and (b) $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? ☐ ☐ 2. Does the public have access to information about the compensation of the executives in the your business or organization through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange act of 1934 (15 U.S.C. 78m(a), 78o(d) or section 6104 of the Internal Revenue Code of 1986? ☐ ☐ LEGAL YES NO 1. My organization has never been suspended or debarred from participating in Federal assistance programs or activities as specified in Executive Orders 12549 and 12689 and 2 CFR part 180. ☐ ☐ 2. Is your organization currently, or at any point previously, involved in any civil or criminal suits? ☐ ☐ SUBRECIPIENT MONITORING YES NO 73 SUBAWARD AGREEMENT NO. Agreement number Page 40 of 48 Form update date: 2024.02.13 1. My organization is aware that as a subrecipient, it must be monitored for financial operations (records, systems, and procedures), performance, and conformance to regulations. ☐ ☐ FINANCIAL MANAGEMENT SYSTEMS YES NO 2. Responsible parties for my organization are familiar with the Office of Management and Budget’s (OMB) Uniform Administrative Requirements and the Cost Principles, as they apply to Federal grants and subawards. ☐ ☐ 3. My organization’s accounting systems and internal policies meet the following criteria as outlined in the most current version of 2 CFR Part 200: a. Accurate, current, and complete disclosure of the financial results of each Agreement; ☐ ☐ b. A procedure that identifies each funding source and establishes a separate control account for each funding source (separate checking accounts are not required); ☐ ☐ c. A method for identifying the receipts and expenditures for each funding source separately from other funding sources, and accounting records that indicate this method is being effectively followed; ☐ ☐ d. Effective control over and accountability for all funds, property, and other assets to assure that all assets are used solely for authorized purposes; ☐ ☐ e. Comparison of actual with budgeted amounts for each Agreement; ☐ ☐ f. Accounting record entries that are supported by source documentation; i.e., entries refer to subsidiary records and documents which support the entries, such as payroll and time records, vouchers, purchase orders, invoices, warrants, etc.; ☐ ☐ g. A method for accumulating and recording expenditures by budget period and cost categories provided in the approved Agreement ☐ ☐ h. A procedure for authorizing expenditures, signing checks and reconciling expenditures in a timely manner that ensures the integrity of the system. ☐ ☐ POLICY AND PROCEDURES YES NO 4. My organization has a written travel policy which is consistent for both internal travel and approved travel costs under the federal subaward. If no policy exists, does my organization adheres to Federal Government Travel rates and amounts. 5 U.S.C 5701- 11 ☐ ☐ 5. My organization maintains written procurement procedures that comply with federal procurement standards in 200.317 through 200.327. The same procedures are followed whether the procurements are with federal grant funds or non-federal funds. ☐ ☐ 6. My organization maintains a property/inventory management system to track the location and value of equipment purchased with federal funds. ☐ ☐ 7. My organization maintains a written conflict of interest policy for its employees. ☐ ☐ 74 SUBAWARD AGREEMENT NO. Agreement number Page 41 of 48 Form update date: 2024.02.13 ENTITY READINESS Is the entity new to operating or managing federal grant funds or state contracts (or has not done so in the past five years)? No ☐ Yes ☐ Organizational knowledge/years of experience in administering similar awards or sub-awards 5+ years ☐ 3-5 years ☐ < 3 years ☐ Proposed subrecipient agreement amount < $30,000 ☐ $30,001-149,999 ☐ $150,000+ ☐ 8. My organization retains, or will retain, all records related to this subaward for six years in accordance with the timeframes identified in the subaward document (Exhibit A, 34. Records Maintenance). ☐ ☐ 9. My organization maintains an internal policy and/or process to check the “Excluded Parties List” system for suspended or debarred sub-grantees and contractors, prior to award at https://www.sam.gov/. ☐ ☐ AUDIT REQUIREMENTS YES NO 10. For the fiscal year indicated above, my organization expended $750,000 or more in federal funding, and is required to have a single audit conducted in accordance with 2 CFR 200.501 – Audit Requirements. ☐ ☐ 11. For the fiscal year indicated above, my organization expended less than $750,000 in federal funding and is exempt from federal audit requirements for that year, except as noted in 2 CFR 200.503. My organization understands that records must be available for review or audit by appropriate officials of the federal agency, DNR, and Government Accountability Office (GAO). ☐ ☐ ACKNOWLEDGEMENT I acknowledge that my organization has received this document and understands the financial management standards necessary to federal subawards. At any time in reviewing this document, in pre-award negotiations, during the post-award meeting, or at any time subsequent, if my organization has questions regarding the content presented in this checklist or related to the award, I understand that I may bring this to the attention of the DNR for clarification and that DNR staff are available to assist my organization. Signature: Date: Name: Title: Phone Number: Email: 75 SUBAWARD AGREEMENT NO. Agreement number Page 42 of 48 Form update date: 2024.02.13 EXHIBIT F AD-1048 OMB No. 0505-0027 Expiration Date: 09/30/2025 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions The following statement is made in accordance with the Privacy Act of 1974 (5 U.S.C. § 552a, as amended). This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, and 2 CFR §§ 180.300, 180.335, Participants' responsibilities. The regulations were amended and published on August 31, 2005, in 70 Fed. Reg. 51865-51880. Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction. According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0505-0027. The time required to complete this information collection is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The provisions of appropriate criminal or civil fraud, privacy, and other statutes may be applicable to the information provided. (Read instructions on page two before completing certification.) A. The prospective lower tier participant certifies, by submission of this proposal, 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; B. 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 proposal. ORGANIZATION NAME PR/AWARD NUMBER OR PROJECT NAME NAME(S) AND TITLE(S) OF AUTHORIZED REPRESENTATIVE(S) SIGNATURE DATE In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720- 2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632- 9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov. USDA is an equal opportunity provider, employer, and lender. 76 SUBAWARD AGREEMENT NO. Page 43 of 48 Form update date: 2024..07.30 Instructions for Certification (1) By signing and submitting this form, the prospective lower tier participant is providing the certification in accordance with these instructions. (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 or debarment. (3) The prospective lower tier participant must provide immediate written notice to the person(s) to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has 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 meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549, at 2 CFR Parts 180 and 417. You may contact the Department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. (5) The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it may not knowingly enter into any lower tier covered transaction with a person who is 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 form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," 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 is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, 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 General Services Administration’s System for Award Management Exclusions database. (8) Nothing contained in the foregoing shall be construed to require establishment of a system of records 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 77 SUBAWARD AGREEMENT NO. Agreement number Page 44 of 48 Form update date: 2024.02.13 normally possessed by a prudent person in the ordinary course of business dealings. (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 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. Form AD-1048 (REV 12/22) 78 SUBAWARD AGREEMENT NO. Agreement number Page 45 of 48 Form update date: 2024.02.13 EXHIBIT G – SUBCONTRACTOR INCLUSION PLAN For Contractors Who Plan to Use Subcontractors to Perform the Contract CONTRACT NUMBER: CONTRACTOR: Type/print full legal name of Contractor INSTRUCTIONS 1.Contractors that intend to use Subcontractors for the above referenced Contract must complete Section 1 of this Subcontractor Inclusion Plan. 2.Section 2 – Provides instructions and information regarding who must submit this Subcontractor Inclusion Plan and what is required. 3.Section 3 – Provides information on definitions of the businesses as used in this Subcontractor Inclusion Plan. SECTION 1: SUBCONTRACTOR INCLUSION PLAN Contractor shall list the anticipated small/veteran/diverse business category goals for Subcontractor participation. Contractor may list any goal amount that they feel is appropriate and attainable for them. These are aspirational goals for Contractor’s use of small/veteran/diverse Subcontractors. if known, provide the name of each business in the appropriate category as they are listed in Washington’s Electronic Business Solution (WEBS). SUBCONTRACTOR Category *AS DESCRIBED BELOW ANTICIPATED % OF CONTRACT SPEND AMOUNT (DETERMINED BY THE CONTRACTOR) ANTICIPATED SUBCONTRACTOR NAMES (LIST ALL IN THE APPROPRIATE BOX BELOW IF KNOWN) MINORITY-OWNED BUSINESS (MBE) WOMAN-OWNED BUSINESS (WBE) CERTIFIED COMBINATION OWNED BUSINESS (CBE) CERTIFIED MINORITY WOMAN OWNED BUSINESS (MWBE) SOCIALLY AND ECONOMICALLY DISADVANTAGED BUSINESS (SEDBE) VETERAN-OWNED BUSINESS (VOB) 79 SUBAWARD AGREEMENT NO. Agreement number Page 46 of 48 Form update date: 2024.02.13 WASHINGTON SMALL BUSINESS (SB) Contractor commits to a make a genuine effort to achieve the proposed subcontract spend amounts with small/veteran/diverse Subcontractors as stated above. Contractor will develop a comprehensive outreach strategy including outreach, education/mentorship, and process changes designed to increase participation by small/veteran/diverse businesses that are registered with the State of Washington in WEBS. Contractor’s Authorized Representative Date Signed SECTION 2: INFORMATION & INSTRUCTIONS FOR COMPLETING SUBCONTRACTOR INCLUSION PLAN 1. Contractors who intend to use Subcontractors must complete the Subcontractor Inclusion Plan in the form set forth above. Contractors who do not submit a Subcontractor Inclusion Plan may be precluded from utilizing Subcontractors to perform the Contract.  Note: Subcontractor Inclusion Plan is NOT required if Contractor does NOT intend to use Subcontractors for this Contract. 2. As part of the Subcontractor Inclusion Plan, Contractor is encouraged to include an anticipated list of small/diverse Subcontractors who may assist the Contractor in fulfilling Contractor’s contractual obligations. This list should identify any Subcontractors who are small/veteran/diverse businesses as defined below.  Note: The businesses included in the Subcontractor Inclusion Plan are listed as examples of businesses Contractor may use as Subcontractors and does NOT obligate Contractor to utilize those specific businesses in performing the Contract. Contractor will report performance and progress to DNR as set forth in the Contract and in annual contract management meetings. 3. If the proposed Subcontractors are self-identified diverse businesses, Contractor will encourage and support efforts for their certification with the appropriate Washington State agencies. 4. The small/veteran/diverse business goals set forth herein are voluntary. Contractors will not be in breach of this Contract if the Subcontractor Inclusion Plan has a zero small/veteran/diverse business participation amount. DNR, however, encourages Contractors to be proactive in engaging small/veteran/diverse business participation. 5. Contractors who utilize Subcontractors will meet with DNR annually regarding their small/veteran/diverse business inclusion goals set forth in their Subcontractor Inclusion Plan. SECTION 3: SMALL/VETERAN/DIVERSE BUSINESSES DEFINITIONS For purposes of the Contract, the below terms have the following meanings: 80 SUBAWARD AGREEMENT NO. Agreement number Page 47 of 48 Form update date: 2024.02.13 BUSINESS CATEGORY DEFINITION Minority-Owned Business (MBE) Limited to firms certified by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE) as a minority-owned business. See, RCW 39.19.120 and WAC 326-20. Woman -Owned Business (WBE) Limited to firms certified by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE) as a woman-owned business. See, RCW 39.19.120 and WAC 326-20. Combination Owned Business (CBE) Limited to firms certified by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE) as a business owned by women and minorities. See, RCW 39.19.120 and WAC 326-20. Minority Woman Owned Business (MWBE) Limited to firms certified by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE) as a business owned by minority women. See, RCW 39.19.120 and WAC 326-20. Socially and Economically Disadvantaged Business (SEDBE) Limited to firms certified by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE) as a business owned by minority who are found to be socially and economically disadvantaged on a case-by-case basis. See, RCW 39.19.120 and WAC 326-20. Veteran-Owned Business (VOB) Limited to firms certified by the Washington State Department of Veterans Affairs (WDVA) as a Certified Veteran-Owned Business. See, , RCW 43.60A.010(7) and RCW 43.60A.190. Such firms must meet four requirements: 1. 51% Ownership. The firm must be at least fifty-one percent (51%) owned and controlled by: (a) A veteran as defined as every person who at the time he or she seeks certification has received a discharge with an honorable characterization or received a discharge for medical reasons with an honorable record, where applicable, and who has served in at least one of the capacities listed in RCW 41.04.007; (b) A person who is in receipt of disability compensation or pension from the Department of Veterans Affairs; or (c) An active or reserve member in any branch of the armed forces of the United States, including the national guard, coast guard, and armed forces reserves. 2. Washington Incorporation/Location. The firm must be either an entity that is incorporated in the state of Washington as a Washington domestic corporation or, if not incorporated, an entity whose principal place of business is located within the State of Washington. 81 SUBAWARD AGREEMENT NO. Agreement number Page 48 of 48 Form update date: 2024.02.13 3. WEBS Certification. The firm must have certified its Veteran-Owned Business status in Washington’s Electronic Business Solution (WEBS). 4. WDVA Certification. The firm must have provided certification documentation to the WDVA and be certified by WDVA and listed as such on WDVA’s website (WDVA – Veteran-Owned Businesses). Washington Small Business (SB): Limited to firms that meet the following three (3) requirements: 1. Location. The firm’s principal office/place of business must be located in and identified as being in the State of Washington. A principal office or principal place of business is a firm’s headquarters where business decisions are made and the location for the firm’s books and records as well as the firm’s senior management personnel. 2. Size. The firm must be owned and operated independently from all other businesses and have either: (a) fifty (50) or fewer employees; or (b) gross revenue of less than seven million dollars ($7,000,000) annually as reported on the firm’s federal income tax return or its return filed with the Washington State Department of Revenue (WDOR) over the previous three consecutive years. 3. WEBS Certification. Contractor must have certified its Washington Small Business status in Washington’s Electronic Business Solution (WEBS). See, RCW 39.26.010(22) and RCW 39.26.010(13). Washington Small Business also includes, Minibusinesses and Microbusinesses. Such firms just have a small ‘size’ requirement: • Minibusiness Size Requirement: The firm must be owned and operated independently from all other businesses and have a gross revenue of at least one million dollars ($1,000,000) but less than three million dollars ($3,000,000) annually as reported on the firm’s federal income tax return or its return filed with the WDOR. See, RCW 39.26.010(17). • Microbusiness Size Requirement: The firm must be owned and operated independently from all other businesses and has a gross revenue of less than one million dollars ($1,000,000) annually as reported on the firm’s federal income tax return or its return filed with the WDOR. See, RCW 39.26.010(16). 82 CONTRACT NO. Enter contract number Page 1 of 10 Form update date: 2023.03.23 2024 UCF CFA PROJECT WORK PLAN Subrecipient Organization Name: City of Tukwila, Parks and Recreation 2024 Community Forestry Assistance Grant (Agreement Number ___Leave Blank____) Period of Performance: - 06/2027 Overview: Purpose & Goals The Green Tukwila Restoration & Education project is humbly presented with the aim of maximizing strategic investment in Tukwila’s natural environment while providing vulnerable populations with opportunities for job training and development through partners. The project aims to save as much tree canopy in invasive areas as possible while providing on-the-job training to community members in need. Scope of Activities The Green Tukwila Restoration and Education project would provide for restoration and stewardship activities in Tukwila, Riverton, and Crystal Springs parks and Duwamish Hill Preserve. Said work would be accomplished through professional crews, adult training programs, a high school internship program, and youth refugee/immigrant training programs. All activities on site would focus on the preservation and stabilization of the current tree canopy/inventory through the removal of invasives, installation of tree survival rings and herbicides, and planting of secondary forest to replace the removed invasive species. Attachment B 83 CONTRACT NO. Enter contract number Page 2 of 10 Form update date: 2023.03.23 Activity 1: Green Jobs Training Program at Tukwila Park Tukwila Parks and Recreation will contract with Partner in Employment (PIE), which works to guarantee the long-term economic stability of newly arrived refugees and immigrants in King County by providing tailored assistance in language acquisition, housing stabilization, workforce entry, and job training in higher-wage industries. In 2020, PIE realized they could help prepare immigrant and refugee youth & young adults to enter environmental fields by providing paid training in restoration and environmental science. Through grants, PIE established a Youth Restoration Training Crew (YRTC) active in Tukwila Park since 2020. DNR funding would ensure that PIE can remain a steward of Tukwila Park and continue their important work of removing ivy to protect the large tree evergreen canopy and planting new native trees. Task Deliverable Completion Date Estimated Cost 1.1 Tukwila Park Ecological Restoration (8 program weeks) Summary report of restoration activities to include at least:  Description of work accomplished.  Square feet of total restoration with types of invasives removed  At least 4 sets of before and after photos  After action report (s) from subcontractor  Map showing the location of restoration work and invasive removal.  Invoices from subcontractor Invoicing allowed annually with deliverable: 2025, 2026 & 2027 April 2027 $76,100 Activity 1 Total $76,100 84 CONTRACT NO. Enter contract number Page 3 of 10 Form update date: 2023.03.23 Activity 2: Restoration Work at Riverton Park The control area for Riverton Park will be along the park's “natural area”. An area that is about 20,000 square feet with a 0-35% south-facing slope leading to a seasonal dry creek. Currently, Riverton Park has a mature deciduous canopy with a few large conifers but is overrun with aggressive species such as Ivy (Hedera helix), blackberry (Rubus Armenians), and invasive trees such as laurel (prunus spp.) and holly (Ilex aquifolium). The primary goal of the project is to preserve the tree canopy and restore the successional trajectory of this dry-mesic conifer deciduous mixed forest. To do so, subcontractor will conduct initial restoration services annually using current industry standards and best management practices in vegetation management/control and native plant installation. The native plant pallet will include site-appropriate species, aligning with the conifer deciduous mix, such as Douglas fir (Pseudotsuga menziesii), big leaf maple (Acer macrophyllum), red alder (Alnus rubra), Western hemlock (Tsuga heterophylla) as well as site appropriate mid and understory species. A target of 350 native plants will be installed in the 15,000-square-foot restoration area. Task Deliverable Completion Date Estimated Cost 2.1.Initial Restoration Initial restoration work providing control of aggressive invasive species. At least 15,000 square feet of invasive tree and understory plant removal Report on activities to include:  Description of work accomplished.  Square feet of total restoration with types of invasives removed  At least 4 sets of before and after photos  After action report (s) from subcontractor  Map showing location of restoration invasive removals  Invoices from subcontractor Invoicing allowed annually with deliverable: 2025, 2026 & 2027 November 2026 $32,771.24 2.2. Install 350 native trees and plants in the restoration area Report on activities to include:  Description of work accomplished.  Planting plan or list of trees and plants planted November 2026 $37,759.38 85 CONTRACT NO. Enter contract number Page 4 of 10 Form update date: 2023.03.23 Plant species will support the reference dry-mesic conifer deciduous mixed forest. Planting plan or list of trees and plants to be approved by DNR before purchase. by species with total numbers of each.  At least 4 sets of before and after photos  After action report (s) from subcontractor  Invoices from subcontractor Invoicing allowed annually with deliverables: 2025, 2026 & 2027 2.3. Maintenance of Restoration Area Maintenance may include but is not limited to, micro weeding, mulching, and removing invasive trees, ground cover, and shrubs that may impact new plantings. Report on activities to include:  Description of work accomplished.  Square feet of total restoration with types of invasives removed  At least 2 sets of before and after photos  After action report (s) from subcontractor  Invoices from subcontractor Invoicing allowed annually with deliverable: 2025, 2026 & 2027 May 2027 $19,569.38 Activity 2 Total $90,100 86 CONTRACT NO. Enter contract number Page 5 of 10 Form update date: 2023.03.23 Activity 3: Green Jobs Training Program at Crystal Springs Park Crystal Springs Park will serve as a training hub for Dirt Corps’ Job Training programs, providing a site for paid trainees to employ ecological restoration and urban forestry skills. Five Dirt Corps training programs comprising approximately ten people each will have the opportunity to work at Crystal Springs Park, providing up to 1,000 hours of onsite work to further enhance Tukwila Parks tree canopy enhancement goals and reforestation. The crew will remove invasive plants and replace with 700 native trees and 200 native shrubs and ground covers. Task Deliverable Completion Date Estimated Cost 3.1. Crystal Springs Park Restoration initial control of aggressive invasive species. Planting 700 trees and 200 native shrubs and groundcovers. Summary report of restoration activities to include at least:  Description of work accomplished.  Square feet of total restoration with types of invasives removed  Planting plan or list of trees and plants planted by species with total numbers of each  At least 4 sets of before and after photos  After action report (s) from subcontractor  Map showing the location of restoration work, including invasive removal and planting  Invoices from subcontractor Invoicing allowed annually with deliverable: 2025, 2026 & 2027 May 2027 $100,050 Activity 3 Total $100,050 87 CONTRACT NO. Enter contract number Page 6 of 10 Form update date: 2023.03.23 Activity 4: Youth Green Crew (YGC), job training program in Tukwila Parks System. The Youth Green Crew: High School Internship collaborates with the City of Tukwila (Green Tukwila Program), Foster High School’s Environmental Science program, partner organizations, and community forest stewards. Through hands-on training in the field, students will learn about the four-phase approach to environmental restoration, plant identification, tools, and how to run an event while building experience to aid in future jobs. The program will host up to 25 students annually, receiving a $500 stipend for their work. The students will work at community restoration events in the Tukwila Parks System. Task Deliverable Completion Date Estimated Cost 4.1. Create, market and implement a paid green internship program for Tukwila residents aged 14-18, or still in High School, in the Tukwila Parks System Feb- May annually. Summary report of activities to include at least:  Copies of marketing flyers and handouts used in the internship.  At least 4 photos depicting activities  Map showing location of restoration work, including invasive removal. Sign-in sheets for all work parties indicating:  Date of work party  Number of students in attendance.  Student work hours  Staff, volunteers, and/or Tukwila School District representatives on-site at the time of work.  Recap of on-site education, focus of Himalayan Blackberry and Clematis removal.  Square footage and types of invasives removed.  Other restoration activities as needed. June 2027 $45,750 88 CONTRACT NO. Enter contract number Page 7 of 10 Form update date: 2023.03.23 Invoicing allowed annually with deliverable: 2025, 2026 & 2027 Total Activity 4 $45,750 Activities 1-4 Total $312,000 89 CONTRACT NO. Enter contract number Page 8 of 10 Form update date: 2023.03.23 BUDGET Budget cannot exceed $312,000. See the Project Work Plan for activity and task descriptions. Table 1. Cost by Activity Activities Personnel and Benefits Travel Supplies Contractual Total Activity 1 $0 $0 $0 $76,100 $76,100 Activity 2 $0 $0 $0 $90,100 $90,100 Activity 3 $0 $0 $0 $100,050 $100,050 Activity 4 $0 $0 $6,000 $39,750 $45,750 Total $0 $0 $6,000 $306,000 $312,000 90 CONTRACT NO. Enter contract number Page 9 of 10 Form update date: 2023.03.23 Table 2. Cost by Line Item Personnel and Benefits N/A Travel N/A Supplies Activity 4: Supplies for Internship Program $2,000 Annually, totaling $6,000 by the end of May 2027 Annual breakdown: The annual supply budget for the Youth Green Crew will include but not be limited to tools, gloves, hats, t-shirts, and other safety equipment needed for the field. $6,000 Contractual Activity 1: Green Jobs Training Program at Tukwila Park, Partner in Employment All tasks associated with Activity 1. $76,100 Activity 2: Professional Crew Work at Riverton Park, EarthCorps All tasks associated with Activity 2. $90,100 Activity 3: Green Jobs Training Program at Crystal Springs Park All tasks associated with Activity 3. $100,050 Activity 4: Foster High School Internship at Duwamish Hill Preserve A local 501(c)3 non-profit will be contracted to be the payee to the students in the program, providing $500 stipends to each student upon completion. May 2025, 2026, and 2027. $12,500 will be paid in stipends, $750.00 annually for admin fees. $39,750 Total $312,000 91 CONTRACT NO. Enter contract number Page 10 of 10 Form update date: 2023.03.23 The project described herein is located on public property or is open to public access. No grant funds can be used by SUBRECIPIENT to meet ordinary maintenance and operating expenses. By signature below, the Parties certify that the individuals listed in this document, as representatives of the Parties, are authorized to act in their respective areas for matters related to this instrument and are in agreement with its content. SUBRECIPIENT NAME STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Signature not required initially. Both Project Managers will sign after agreement execution. Signature Date Signature Date Name Name Project Manager Project Manager Title Title 1111 Washington Street SE MS 47013 Olympia, WA 98504-7013 Address Address Telephone Telephone 92 CA Revised May 2020 Page 1 of 4 City of Tukwila Contract Number: 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non-charter optional municipal code city hereinafter referred to as “the City,” and EarthCorps, hereinafter referred to as “the Contractor,” whose principal office is located at 6310 NE 74th Street Suite 201E, Seattle, WA 98115. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1.Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2.Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit A attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $90,100 at the rate described in Exhibit A. 3.Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4.Duration of Agreement. This Agreement shall be in full force and effect for a period commencing March 1, 2025, and ending June 30, 2027, unless sooner terminated under the provisions hereinafter specified. 5.Independent Contractor. Contractor and City agree that Contractor 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 Contractor nor any employee of Contractor 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 contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6.Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Public Entity. Attachment C 93 CA Revised May 2020 Page 2 of 4 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 Contractor and the Public Entity, its officers, officials, employees, and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor'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. 7. Insurance. The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. Contractor’s maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor 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 Scope of Insurance. Contractor 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 and $2,000,000 products-completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 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 Contractor’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 Contractor’s insurance and shall not contribute 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. 94 CA Revised May 2020 Page 3 of 4 E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors’ coverage. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor-provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor’s Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. H. Failure to Maintain Insurance. Failure on the part of the Contractor 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 Contractor 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 Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City’s intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor’s insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, 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 and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor 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. 95 CA Revised May 2020 Page 4 of 4 14.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. 15.Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16.Applicable Law; Venue; Attorney’s Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 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. DATED this 28th day of January, 2025. ** City signatures to be obtained by City Clerk’s Staff ONLY. ** CITY OF TUKWILA Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Andy Youn, City Clerk APPROVED AS TO FORM: Office of the City Attorney ** Contractor signature to be obtained by sponsor staff. ** CONTRACTOR: By: Printed Name: Title: Address: 96 City of Tukwila – Riverton Park Estimate December 2023 Prepared for: Olena Perry Volunteers & Stewardship Tukwila Parks & Recreation Olena.Perry@TukwilaWa.Gov Prepared by: Whitney Bowman EarthCorps Field Director 6310 NE 74th St, Suite 201E Seattle, WA 98115 www.earthcorps.org EarthCorps © 2023 97 Proposed Approach and Budget Project Overview EarthCorps and the City of Tukwila will partner to restore Riverton Park's natural area. Funding for this opportunity will be through a WA DNR Forestry Grant, which the City of Tukwila will hold and manage. Riverton Park is currently stewarded by the City of Tukwila, volunteers, and other local restoration groups. EarthCorps will expand upon previous restoration conducted by volunteers and Dirt Corps. Detailed Approach The control area for Riverton Park will be along the parks “natural area”. An area that is about 20,000 square feet with a 0-35% south-facing slope leading to a seasonal dry creek. Currently Riverton Park has mature deciduous canopy with a few large conifers but is overrun with aggressive species such as Ivy (Hedera helix), blackberry (Rubus aermeniacus), and invasive trees such as laurel (prunus spp.) and holly (Ilex aquifolium).The primary goal for the project is to preserve tree canopy and restore the successional trajectory of this dry-mesic conifer deciduous mixed forest. To do so EarthCorps will conduct initial restoration services using current industry standard best management practices in vegetation management/control and native plant installation. Objective 1: Phase 1 Initial Restoration • Vegetation management/control o Control aggressive invasive species utilizing mechanical, chemical and manual control techniques. ▪ Priority target will be tree and shrub preservation by control and removal of tree ivy o Deliverable: ~ 20,000 square feet of initial restoration Objective 2 Native plant installation • Install native plants throughout the ~20,000 square foot restoration area o Plant species will support the reference the dry-mesic conifer deciduous mixed forest such as: ▪ Trees: Douglas Fir (Pseudotsuga menziesii), Wester Red Cedar (Thuja plicata), Hemlock (Tsuga deterophylla) and Bigleaf Maple (Acer macrophyllum) ▪ Shrub: Dwarf Orgeon Grap (mahonia aquifolium), Salal (Gaultheria shallon), Red flowering current (Ribes sanguineum) and Ocean Spray (Holodiscus discolor) and vine maple (Acer circinatum) ▪ Herbaceaous/ground: Sword fern (Polystichum munitum)& bracken fern 98 (Pteridium aquilinum) o Deliverable: 2,300 native plants • Objective 3 Maintenance o Maintain the restoration area through continued vegetation management and native plant support as needed ▪ Native plant support can include the removal of invasive regrowth or watering o Deliverable: maintenance of ~20,000sqft EarthCorps will provide for the following EarthCorps Crews and Staff: o An assigned project manager to coordinate with the City of SeaTac to schedule events and crew crews to ensure project goals/objectives are met o Basic hand tools along with access to power tools (such as brush cutters) and herbicide equipment o Water trucks and equipment o Personal Protective Equipment and procedures for the use of tools, equipment, and herbicide o Washington state licensed herbicide application onsite as needed o Workers’ compensation, and health insurance o Administrative payroll and human resources The City of Tukwila will provide the following o Access to the site o Any necessary permits to conduct work Estimated Timeline Year Activity # of crew days Notes 2024-2025 Objective 1: Initial Restoration 6 Objective 2: Planting 1 Tree planting 2025-2026 Objective 1: Initial 6 Control around trees Objective 2: Planting 7 Shrub and ground 2026-2027 Objective: 3 Maintenance 6 Native plant support and vegetation control 99 Budget Break Down: Organizational Profile EarthCorps Background EarthCorps is a non-profit organization founded in 1993 with a mission to develop leaders to strengthen community and restore the health of our environment. EarthCorps provides a year-long intensive program for young adults from the US and 80 other countries to learn best practices in 100 community-based environmental restoration and develop their leadership skills as they supervise 10,000 volunteers each year. Local Restoration EarthCorps' core expertise is community-based environmental restoration. We regard restoration as a process of reestablishing healthy habitat: returning a polluted or degraded environment as closely as possible to a thriving, self-sustaining ecosystem. As restoration practitioners, our goal is to expedite natural processes in rebuilding a functioning natural ecosystem. Environmental service is a uniquely effective way to build community. When people put their hands into the dirt together and see their efforts transform a threatened area into a more vibrant landscape, they forge a special bond, empowering themselves and their community. 101 102 CA Revised May 2020 Page 1 of 4 City of Tukwila Contract Number: 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non-charter optional municipal code city hereinafter referred to as “the City,” and Partner in Employment, hereinafter referred to as “the Contractor,” whose principal office is located at 21400 International Blvd Suite 302, SeaTac, WA 98198. . WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1.Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2.Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit A attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $76,100 at the rate described in Exhibit A. 3.Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4.Duration of Agreement. This Agreement shall be in full force and effect for a period commencing March 1, 2025, and ending June 30, 2027, unless sooner terminated under the provisions hereinafter specified. 5.Independent Contractor. Contractor and City agree that Contractor 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 Contractor nor any employee of Contractor 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 contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6.Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Public Entity. Attachment D 103 CA Revised May 2020 Page 2 of 4 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 Contractor and the Public Entity, its officers, officials, employees, and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor'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. 7. Insurance. The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. Contractor’s maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor 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 Scope of Insurance. Contractor 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 and $2,000,000 products-completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 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 Contractor’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 Contractor’s insurance and shall not contribute with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating 104 CA Revised May 2020 Page 3 of 4 of not less than A: VII. E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors’ coverage. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor-provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor’s Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. H. Failure to Maintain Insurance. Failure on the part of the Contractor 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 Contractor 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 Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City’s intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor’s insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, 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 and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor 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. 105 CA Revised May 2020 Page 4 of 4 14.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. 15.Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16.Applicable Law; Venue; Attorney’s Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 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. DATED this 28th day of January, 2025. ** City signatures to be obtained by City Clerk’s Staff ONLY. ** CITY OF TUKWILA Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Andy Youn, City Clerk APPROVED AS TO FORM: Office of the City Attorney ** Contractor signature to be obtained by sponsor staff. ** CONTRACTOR: By: Printed Name: Title: Address: 106 2025 – 2027 Partner in Employment Work Plan Organization Background: Partner in Employment (PIE) is a 501(c)3 non-profit organization that aims to address the challenges of employment among refugees and immigrants in Washington. PIE’s staff, board members, and volunteers bring a deep understanding of the diverse needs of South King County’s new communities. Thanks to the hard work of our diverse faculty, and philanthropic efforts of our donors, we are able to create livable wage employment opportunities for immigrants and refugees in Washington State. By providing in-language, culturally-competent program designs that responsively support the goals of each client, we are able to build sustainable self-reliance in the immigrant and refugee community. Program Background: Partner in Employment’s Restoration Training Crew (PIE Crew) provides green jobs training for immigrant and refugee youth and young adults. While in the program participants earn a stipend while completing restoration projects in city parks, receive environmental education and learn about environmental careers by meeting with professionals. PIE Crew: PIE Crew consists of 10-15 members and a minimum of two leads. PIE Crew complete projects that physically improve the natural environment such as invasive species removal, native plant installations, and maintenance. Crew hours vary by season. For the Spring/Fall/Winter, crew hours are Monday – Friday from 3:00pm- 6:00pm, and some weekends. For the Summer, crew hours are Monday – Friday from 10:00am-3:00pm. Project Overview 107 Partner in Employment shall provide job training programming for 45 participants, including recruitment, training, and educational opportunities. Case managers will recruit from Partner in Employment’s community of clients and partner organizations and can speak with families in their native languages to provide programming information. Participants will be trained in technical field skills including weed species removal, tool and body safety, planting techniques (during planting season), proper disposal or composting of organic matter, plant identification, etc. Participants will practice these skills by completing restoration projects at Tukwila Park. Programming will include educational field trips and outdoor recreation opportunities to provide space for building connections and comfort in the outdoors. Environmental education curriculum provided by PIE staff and guest speakers will include: the why’s of restoration, importance of urban forests, ecosystems and habitats, traditional ecological knowledge, salmon life cycle, and more. Additional skills such as planting plan creation, and other survey and monitoring techniques may be included. Job skills topics will include: resumes and cover letters, job searches, interviews, workers' rights, team building, and professionalism. Program outcomes for each participant will include mastery of technical restoration skills, completion of a resume, and reflection on future career goals and next steps. Timeline Partner in Employment with the support of Tukwila Parks and Recreation will run 4 weeks of programming per year at Tukwila Park. There will be three cohorts per year (Spring, Summer, Fall) and 10 – 15 participants per cohort, each completing 20 - 30 hours of programming per week. Year Q1 Q2 - Spring Q3 - Summer Q4 - Fall 2025 Program Planning, Curriculum Development, and Participant Recruitment Invasive Removal & Maintenance n/a n/a 2026 Program Planning, Curriculum Development, and Participant Recruitment n/a Invasive Removal & Maintenance Programming Completed 2027 Reporting n/a n/a n/a 108 Budget Expenses related to Partner in Employment’s Restoration Training Crew includes staffing, equipment & supplies, transportation & other support services, professional services, field trips, organizational overhead and paying stipends to participants in the job training program. SPRING/FALL Rate Total Hours & Miles Subtotal Program Manager $39.75 160 $6,360.00 Crew Lead $30.00 100 $3,000.00 Assistant Crew Lead $25.00 100 $2,500.00 Youth Engagement Intern $21.00 100 $2,100.00 Youth Stipends $19.06 800 $15,248.00 Supplies $2,842.34 Rentals $480.00 Mileage $0.670 400 $268.00 Overhead 10% $3,279.83 Total $36,078.17 SUMMER Rate Total Hours & Miles Subtotal Program Manager $39.60 100 $3,960.00 Crew Lead $30.00 100 $3,000.00 Assistant Crew Lead $25.00 100 $2,500.00 Youth Engagement Intern $21.00 100 $2,100.00 Youth Stipends $19.06 1200 $22,872.00 Supplies $1,683.48 Rentals $- Mileage $0.670 400 $268.00 Overhead 10% $3,638.35 Total $40,021.83 TOTAL 2025 - 2027 $76,100.00 109 110 CA Revised May 2020 Page 1 of 4 City of Tukwila Contract Number: 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non-charter optional municipal code city hereinafter referred to as “the City,” and DirtCorps, hereinafter referred to as “the Contractor,” whose principal office is located at 8001 14th Ave NE Suite A, Seattle, WA 98115. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1.Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2.Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit A attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $100,050 at the rate described in Exhibit A. 3.Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4.Duration of Agreement. This Agreement shall be in full force and effect for a period commencing March 1, 2025, and ending June 30, 2027, unless sooner terminated under the provisions hereinafter specified. 5.Independent Contractor. Contractor and City agree that Contractor 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 Contractor nor any employee of Contractor 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 contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6.Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Public Entity. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, Attachment E 111 CA Revised May 2020 Page 2 of 4 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 Contractor and the Public Entity, its officers, officials, employees, and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor'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. 7. Insurance. The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. Contractor’s maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor 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 Scope of Insurance. Contractor 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 and $2,000,000 products-completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 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 Contractor’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 Contractor’s insurance and shall not contribute 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. 112 CA Revised May 2020 Page 3 of 4 E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors’ coverage. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor-provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor’s Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. H. Failure to Maintain Insurance. Failure on the part of the Contractor 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 Contractor 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 Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City’s intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor’s insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, 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 and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor 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. 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or 113 CA Revised May 2020 Page 4 of 4 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. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law; Venue; Attorney’s Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 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. DATED this 28th day of January, 2025. ** City signatures to be obtained by City Clerk’s Staff ONLY. ** CITY OF TUKWILA Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Andy Youn, City Clerk APPROVED AS TO FORM: Office of the City Attorney ** Contractor signature to be obtained by sponsor staff. ** CONTRACTOR: By: Printed Name: Title: Address: 114 The DIRT Corps Date: 1/3/2024 (206) 250-9285 Bill to:Tukwila Parks and Recreation Roseann@thedirtcorp.com Site:Crystal Springs Park 8001 14th Ave NE Suite A 2024-2027 Seattle, WA 98115 Scope of Work: Crystal Springs professional and training crews. Manual and Chemical weed removal, planting and maintenance. Labor Rate Amount Project Management, Ecologist, Educator 40 ($ 150.00) 6000 Crew Lead / Instructor: 27 days ( + outreach, recruitment) 215 ($ 85.00) 18275 Crew labor ( steep slopes, herbicide): 12 days 384 ($ 68.00) 26112 Training Crew labor ( Veg management, Planting): 12 days 336 ($ 60.00) 20160 Labor Subtotal:($ 70,547.00) Supplies & Materials Quantity Price each Amount Materials: 700 trees, 200 understory shrubs, herbicide, delivery and procurement 1 ($ 11,937.00) ($ 11,937.00) Supplies & Materials Subtotal:($ 11,937.00) Project Subtotal ($ 82,484.00) Admin and reporting 10%($8,305.47) Invoice Subtotal ($90,789.47) Tax Rate 10.20% Sales Tax ($9,260.53) ESTIMATE INVOICE TOTAL ($ 100,050.00) The DIRT Corps Roseann Barnhill The DIRT Corps Signature/Date: Client Printed Name/Date: [name of project if applicable] Signature/Date: 115 116 INFORMATIONAL MEMORANDUM TO: Community Services & Safey Committee FROM: David Rosen, Parks & Recreation Fiscal Analyst DATE: January 27, 2025 SUBJECT: Grant Agreement & Contract Approval: King County Improving Indoor Air through Forestry Grant ISSUE The Tukwila Parks & Recreation Department has been awarded a $100,000 no-match reimbursement grant through the King County Improving Indoor Air through Forestry (IIAF) Program. Acceptance of this grant and approval of a contract to be awarded using its funds requires council approval before both agreements may be executed by the Mayor. BACKGROUND The Grant Opportunity In December of 2024, City of Tukwila staff were made aware of grants being offered by King County for urban forestry projects located within five (5) miles of SeaTac and/or King County International Airports, with priority being given to projects planting coniferous trees that would provide air quality improvements for communities affected by the local air traffic. The Tukwila Parks & Recreation Department began preparing a grant proposal at that time, with submission of the proposal being made on December 13th and award notification being received on January 22nd, 2025. The Need at Southgate Park Southgate Park is an approximately 9.38-acre urban forest park, bisected by 40th Avenue S at its 13400 block, within the Riverton residential neighborhood. It is encapsulated by King County Parcels 7340601011 and 7340601026. From center of property to cent er of property, Southgate Park is located approximately 3.47 miles from King County International Airport and 2.54 miles from SeaTac International Airport. The Riverton neighborhood itself measures at a 10 out of 10 (Worst score possible) per the Washington State Department of Health’s Environmental Health Disparities Map with a 10 rating in Diesel Exhaust PM2.5 Emissions, Proximity to Heavy Traffic Roadways and other measured statistics as well. Lastly, per the Green Tukwila 20-Year Stewardship Plan (Adopted in March 2017 via Resolution 1906), the entirety of Southgate Park is ranked as a “Tree-iage” category 6 which indicates a medium habitat composition paired with a high invasive species threat where native trees are under threat by invasives such as English Ivy, Knotweed, and Himalayan Blackberry. Southgate Park and its surrounding areas have a demonstrated need for supporting critical tree canopy provided by the urban forest that the park itself provides. DISCUSSION The City of Tukwila Parks & Recreation Department’s awarded proposal is for Southgate Park Restoration Phase 2. Phase 1 Restoration is already underway on location, with initial restoration work including herbicidal application, survival ring creation, and removal of invasive flora, with the priority of saving the current tree canopy on site. As of early December 2024, Phase 1 has cleared 13,700 square feet of invasives and plans to clear another 6,300 square feet before project completion, it has also installed 317 survival rings, and treated 539 stems of Laurel, English Hawthorne, and Holly plants. 117 Community Services & Safety Committee January 27, 2025 Page 2 Restoration Phase 2 totals $100,000 in spending, exclusively via this grant, and would include additional restoration efforts to include survival ring installation, blackberry brush cutting for eventual herbicidal treatment, manual removal of ivy, and continued maintenance work of areas covered by Phase 1. Phase 2 restoration areas are estimated to include about two acres, which, when combined with Phase 1, would bring about 2.5 acres of urban forest at Southgate Park into restoration status and under continuous care. Restoration Phase 2 would also include the planting of approximately 600 coniferous trees to include species such as Douglas Fir, Western Red Cedar, Hemlock, White Pines or Shore Pines, Sitka Spruce, Pacific Yew, and Grand Fir. This work is proposed to be completed via a Contract for Services with the restoration firm EarthCorps, who is the firm currently providing Phase 1 restoration services as well. Per the grant agreement, work must be concluded by June 30, 2025. Restoration Phase 2 is proposed to be within the approximate area shown below: Approximate Southgate Park Restoration Phase 2 Service & Planting Area FINANCIAL IMPACT This is a reimbursement grant, wherein the City of Tukwila will receive reimbursement from King County after the completion of the proposed scope of work. Therefore, execution of both the proposed grant and contract services agreements will not create any net general fund inflows or outflows. The Tukwila Parks & Recreation Department will propose an end-of-year budget amendment for FY25 to capture the transactions resulting from this grant agreement. RECOMMENDATION City staff recommend the Community Services and Safety Committee forward both the grant agreement and proposed contract for services to the February 24th Special Meeting Consent Agenda for final approval. ATTACHMENTS A --- Proposed Urban Forestry Services Grant Agreement Template B --- Proposed Contract for Services + Exhibits: EarthCorps Southgate Park Restoration Phase 2 118 Contract No.: 2025-CitiesUF Services Agreement 5 Page 1 SERVICES AGREEMENT BETWEEN CITY OF TUKWILA AND KING COUNTY TO FUND SERVICES REGARDING URBAN FORESTRY FOR INDOOR AIR QUALITY This Services Agreement Between the City of Tukwila and King County to Fund Services Regarding a Decarbonization Navigator Platform (“Agreement”) is entered into between City of Tukwila, a political subdivision of the State of Washington, and King County, a political subdivision of the state of Washington, primarily located at 201 S. Jackson, Suite 701, Seattle, WA 98104. WHEREAS, City of Tukwila has an urban forestry program with projects planned in 2025; and WHEREAS, King County is facilitating programs in order to improve indoor air quality in South King County; and WHEREAS, select funding for these programs, including the funding anticipated for and by way of this Agreement, is being provided to King County by the State of Washington, Department of Ecology (“Ecology”), by way of an Interagency Agreement entered into by and between King County and Ecology; and WHEREAS, some urban forestry projects can improve air quality generally and contribute to indoor air quality improvements; and WHEREAS, King County and City of Tukwila (collectively, the “Parties”) recognize that collaboration offers an opportunity to improve the air quality in South King County through urban forestry projects; and WHEREAS, the Parties enter into this Agreement based on the understanding of the Parties set forth below; and NOW, THEREFORE, City of Tukwila and King County mutually agree as follows: 1.Purpose and Scope of this Agreement. The purpose of this Agreement is for King County to engage in a collaboration with and provide the financial compensation necessary for City of Tukwila to complete the attached work plan to improve indoor air quality in South King County (“Project”) in 2025. In addition to the duties of the Parties outlined below, Special Terms and Conditions are attached to this Agreement as Appendix A and incorporated by reference herein. Attachment A 119 Contract No.: 2025-CitiesUF Services Agreement 5 Page 2 A. Duties of King County 1. King County shall assist City of Tukwila in developing and finalizing scopes of work with contractors to fulfil the Agreement, if such review is requested by City of Tukwila. 2. King County shall be available to consult with City of Tukwila on questions related to the Agreement or fulfilment of the work plan, if requested by City of Tukwila. B. Duties of City of Tukwila 1. City of Tukwila shall use the funding provided by King County to complete the work plan attached to the Agreement under Appendix B. 2. City of Tukwila shall act as project manager for, and conduct all contracting responsibilities with, contractors retained to complete services to fulfill the Agreement. City of Tukwila shall comply with all laws governing municipal contracting for services of the type sought. 3. City of Tukwila shall consult with King County on implementation of the attached work plan, if requested by King County. 4. City of Tukwila shall consult with King County to support King County completing its Cultural Resources Review with the Washington State Department of Ecology on the Project. 5. City of Tukwila shall provide the King County Project Manager (identified in Section 4, below) with final documentation of project completion no later than July 31, 2025. 2. Compensation. The total amount paid by King County for satisfactory performance of the work under this Agreement may not exceed $100,000.00. City of Tukwila shall submit to King County a monthly invoice outlining the work completed during that billing period by the City of Tukwila. Appropriate documentation, including that of expenses incurred, progress reports or draft deliverables if appropriate from the City of Tukwila and its contractors, must be included with each invoice. Invoices shall be submitted to Nicole Sanders, Building Decarbonization Program Manager. King County shall pay each invoice from the City of Tukwila within thirty days of submittal. 3. Term. The effective date of this Agreement is upon signature by all parties below (“Effective Date”). No payments in advance or in anticipation of goods or services to be provided under this Agreement may be made by King County. Any costs incurred prior to the Effective Date of this contract will be at the sole expense and risk of the City of Tukwila. The City of Tukwila shall not seek any compensation from King County under this Agreement for 120 Contract No.: 2025-CitiesUF Services Agreement 5 Page 3 work completed after June 30, 2025. A final invoice for this work shall be submitted no later than June 30, 2025. The termination date of this Agreement is July 31, 2025. 4. Communications. The following persons are the contact person for all communications regarding the performance of this Agreement: King County City of Tukwila Project Manager: Nicole Sanders Project Manager: Olena Perry Address: 201 South Jackson, Suite 701 Seattle, WA 98104 Address: 12424 42nd Ave S. Tukwila, WA 98168 Phone: 206-477-2680 Phone: (206) 767-2315 E-mail address: nicsanders@kingcounty.gov E-mail address: olena.perry@tukwilawa.gov 5. Changes. The Parties may, from time to time, desire changes in the scope of services performed under this Agreement. No change to this Agreement is effective unless made as a written amendment, agreed and signed by both parties. 6. Early Termination. Either party may terminate this Agreement at any time for convenience by giving a 30-day written notice of such termination and by specifying the effective date of the termination; provided that the termination must be preceded by a meeting between King County and City of Tukwila. Upon termination of this Agreement, King County, in addition to any other rights provided in this Agreement, may require City of Tukwila to deliver to King County any property specifically produced or acquired as a result of City of Tukwila funding. If King County terminates this Agreement for convenience, then it is responsible to reimburse City of Tukwila for the costs it has incurred or are claimed by its contractors that are attributable to work conducted to fulfill the Agreement up to the date of termination. King County and City of Tukwila shall confer and reach agreement to the amount owed by King County if King County terminates this Agreement for convenience. 7. Subcontracting. With the exception of contractors retained to complete the work plan attached to this Agreement, neither party, nor any subcontractor of either party, may enter into subcontracts for any of the services or work contemplated under this Agreement without obtaining prior written approval of King County. In no event does the existence of any subcontract operate to release or reduce the liability of City of Tukwila to King County for any breach in the performance of City of Tukwila’s duties. Regarding subcontractors retained by City of Tukwila to complete the work plan attached to this Agreement, City of Tukwila shall provide to King County the identity of all subcontractors, including their name, the nature of services to be performed, address, telephone, WA State Department of Revenue Registration Tax number (UBI), federal tax identification number (TIN), and anticipated dollar value of each subcontract. City of Tukwila shall also identify whether each subcontractor is certified with OMWBE, WA Veterans, or is 121 Contract No.: 2025-CitiesUF Services Agreement 5 Page 4 a WA small business. This information shall be provided to King County a minimum of ten (10) days prior to a given subcontractor starting work. 8. Availability Of Funds. Funds may not be presently available for this Agreement, but are anticipated. Funding is anticipated to be provided to King County from Ecology, by way of the Climate Commitment Act. The Parties’ obligations under this Agreement are contingent upon the availability of receipt of funds. No legal liability on the part of King County for any payments may arise until funds are made available to King County for this Agreement and until City of Tukwila receives notice of such availability, to be confirmed in writing by King County. 9. Records. The Parties shall each maintain books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the service(s) described herein. These materials shall be subject to inspection, review, or audit by personnel of both parties, other personnel duly authorized by either party, Ecology, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other materials relevant to this Agreement must be retained for six years after expiration of this Agreement. Ecology, the Office of the State Auditor, federal auditors, and any persons duly authorized by the Parties shall have full access and the right to examine any of these materials during this period. Each party will utilize reasonable security procedures and protections for all materials related to this Agreement. All materials are subject to state public disclosure laws. 10. Rights in Data. Unless otherwise provided, data which originates from this Agreement shall be "work made for hire" as defined by the United States Copyright Act, Title 17 U.S.C. section 101 and shall be owned by Ecology. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, and register these items, and the ability to transfer these rights. City of Tukwila data shall not be sold or used for for-profit endeavors by King County. 11. Nondiscrimination. King County Code (“KCC”) Chapters 12.16 through 12.19 apply to this Agreement and are incorporated by this reference as though fully set forth herein. City of Tukwila and its subcontractors retained to complete the work plan attached to this Agreement, if any, shall not, on the grounds of sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression, or age, except minimum age and retirement provisions and unless based upon a bona fide occupational qualification, exclude any person from participation in, or deny any person the benefits of, the work described by way of the attached work plan. 12. Assignment. The work provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party, in whole or in part, without the express prior written consent of the other party. 13. Indemnification. Each party to this Agreement is responsible for its own acts and/or omissions, and those of its officers, employees, agents and subcontractors. 122 Contract No.: 2025-CitiesUF Services Agreement 5 Page 5 14. Compliance with All Laws and Regulations. Each party shall comply with all applicable local, state, and federal laws, regulations and standards necessary for the performance of this Agreement. THIS Agreement is executed by the persons signing below, who warrant they have the authority to execute this Agreement. City of Tukwila KING COUNTY By: By: Thomas McLeod Mayor Date: __________________________ Marissa Aho Director, King County Executive Climate Office Date: _________________________ 123 Contract No.: 2025-CitiesUF Services Agreement 5 Page 6 APPENDIX A SPECIAL TERMS AND CONDITIONS 1) Archaeological And Cultural Resources City of Tukwila shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic archeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources, hereby referred to as Cultural Resources. City of Tukwila must agree to hold ECOLOGY harmless in relation to any claim related to Cultural Resources discovered, disturbed, or damaged due to the CONTRACTOR’s negligence, including any subcontractor’s negligence. City of Tukwila shall: a) If required by King County, contact ECOLOGY to discuss any Cultural Resources requirements for the work/project: • 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). • 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. b) If required by ECOLOGY, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any work/project that involves field activities. ECOLOGY will provide the IDP form. City of Tukwila 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 Contract, follow the protocol outlined in the project IDP. • Immediately stop work and notify ECOLOGY, which will notify the Department of Archaeology and Historic Preservation at (360) 586-3065, any affected Tribe, and the local government. • Notify King County. 124 Contract No.: 2025-CitiesUF Services Agreement 5 Page 7 d) If any human remains are found while conducting work under this Contract, 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 notify ECOLOGY and King County. 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. 2) Climate Commitment Act Branding This contract is supported with funding from Washington’s Climate Commitment Act (CCA). The CCA supports Washington’s climate action efforts by putting cap-and-invest dollars to work reducing climate pollution, creating jobs, and improving public health. Information about the CCA is available at Home | Climate (wa.gov). Department of Ecology received funding from Washington’s Climate Commitment Act (CCA) for the work under this contract. To strengthen public awareness of how CCA funding is used, the Office of the Governor is directing state agencies that administer funding or manage a CCA-supported program to ensure consistent logo branding and funding acknowledgments are used in all communications and included in funding agreements and contracts. The “Climate Commitment Act” logo and funding acknowledgment make it easy for consumers and the public to see how the state is using CCA funds to reduce climate pollution, create jobs, and improve public health and the environment, particularly for low-income and overburdened populations. The logo branding and funding acknowledgments requirements apply to all contractors, subcontractors, service providers, and others who assist the CONTRACTOR in implementing this contract. CONTRACTOR is to contact ECOLOGY if unsure about how to apply CCA requirements to the work under this contract. For details on the CCA requirements review the below document: 3) Subcontractor Payment Reporting Requirements – Access Equity This Agreement is subject to compliance tracking of subcontractor(s) spend using the State’s business diversity management system, Access Equity (B2Gnow). Access Equity is web- based and can be accessed at the Office of Minority and Women’s Business Enterprises (OMWBE) at https://omwbe.diversitycompliance.com/. All Subcontractor(s) shall report and 125 Contract No.: 2025-CitiesUF Services Agreement 5 Page 8 confirm receipt of payments made to it through Access Equity and may contact OMWBE at Access Equity Help Center | Office of Minority and Women's Business Enterprises for technical assistance in using the Access Equity system.  User guides and documentation related to Subcontractor access to and use of Access Equity are available online at https://omwbe.wa.gov/access-equity-help-center. The Department of Ecology reserves the right to withhold payments for non-compliance with this section. For purposes of this section, Subcontractor means any subcontractor working on the Project, at any tier and regardless of status as certified WMBE or Non-WMBE. Per this Agreement, the City of Tukwila is considered a Subcontractor to King County’s contract with Ecology and as such shall: i. register in Access Equity and complete the required user training (two (2) one-hour online sessions). ii. verify the amount and date of receipt of each payment from King County or a higher tier Subcontractor, if applicable, through Access Equity. iii. report payments made to any lower tier Subcontractors, if any, in the same manner as specified herein. iv. respond promptly to any requests or instructions from the Contractor or system-generated messages to check or provide information in Access Equity; and v. coordinate with Contractor, or Ecology when necessary, to resolve promptly any discrepancies between reported and received payments. vi. require all lower tier Subcontractors to comply with these same provisions if requested by King County or Ecology. 126 Contract No.: 2025-CitiesUF Services Agreement 5 Page 9 APPENDIX B WORK PLAN 1. Project Description Funding awarded via this proposal would support Southgate Park Restoration Phase 2. Phase 1 is currently underway with initial restoration work including herbicidal application, survival ring creation, and removal of invasive flora, with the priority of saving the current tree canopy on site. To date, Phase 1 has cleared 13,700 square feet of invasives and plans to clear another 6,300 square feet before project completion, it has also installed 317 survival rings, and treated 539 stems of Laurel, English Hawthorne, and Holly plants. This clearance creates a unique opportunity for the funding provided via this proposal to support immediate plantings of significant square footage within Southgate Park during the critical growing season. Restoration Phase 2 would include additional restoration efforts to include survival ring installation, blackberry brush cutting for eventual herbicidal treatment, manual removal of ivy, and continued maintenance work of areas covered by Phase 1. Phase 2 restoration areas are estimated to include about two acres, which, when combined with Phase 1, would bring about 2.5 acres of urban forest at Southgate Park into restoration status and under continuous care. Restoration Phase 2 would also include the planting of approximately 600 2–5-gallon trees. Trees of this size were chosen in consultation with our restoration partner, as it was determined that watering of new plantings would be problematic given current site access, necessary permitting, and contractor safety due to road configurations adjacent to the site. To maintain flexibility to spend granted dollars within the timeframe allotted, larger plant stock allows the plants a head start for viability as additional funding is sought by the City of Tukwila and its partners. Per our partner, the main tree planting focus will be coniferous species to include: • Douglas Fir • Western Red Cedar • Hemlock • White Pines or Shore Pines • Sitka Spruce • Pacific Yew • Grand Fir Additionally, some regenerative deciduous trees may be included to incorporate age diversity into the current stand of alders, cotton woods, maples, and other trees currently found on site. Concerning future supportive funding for plantings, our restoration partner is preparing plans for future recommendations at Southgate Park at this time and is seeking funding through an application with American Forests. The City of Tukwila also has King County Parks Levy funding that can be used to support future plantings and maintenance of proposed plantings. Restoration Phase 1 also includes creation of a vegetation management plan that will also assist the City of Tukwila and its partners in deployment of these efforts as well as grant seeking. 127 Contract No.: 2025-CitiesUF Services Agreement 5 Page 10 2. Service Area Description Southgate Park is an approximately 9.38-acre urban forest park, bisected by 40th Avenue S at its 13400 block, within the City of Tukwila’s Riverton residential neighborhood. It is encapsulated by King County Parcels 7340601011 and 7340601026. From center of property to center of property, Southgate Park is located approximately 3.47 miles from King County International Airport and 2.54 miles from SeaTac International Airport. Southgate Park is located within census tract 53033027200, which per the Washington State Department of Health Environmental Disparities V2.0 map, ranks a 10 out of 10 in overall score, as well as a 10 out of 10 for environmental exposures and environmental effects. Measuring a ¼-mile radius around Southgate Park, we identify approximately 302 residential parcels with the current use descriptions per the King County Parcel Viewer: • 285 single-family residential (285 households) • 7 duplex, triplex, or 4-plexs (17 households) • 4 apartment complexes (115 households) • 3 mobile home lots and 1 mobile home park (22 households) • 2 hotel/motels (85 rooms) • 1 Condominium complex (62 households) Excluding the two hotel/motels, this ¼-mile radius contains approximately 501 households, and, per the 2018-2022 US Census Bureau American Community Survey estimates, the City of Tukwila averages 2.64 persons per household, indicating about 1,333 people are living within a ¼-mile of Southgate Park and this project’s serviced urban forest. There are several additional considerations for this ¼-mile radius to include. First, we identify at least five daycares within this radius. Second, one of the two hotel/motels within this ¼-mile radius is currently providing assistance to transient, immigrant, and refugee populations in coordination with the City of Tukwila and have been doing so for the entirety of 2024. Third, another city park, Riverton Park, lies within this radius, this park provides a youth play area, walking loop for patrons, and includes a community garden as well. Finally, outside of the ¼-mile radius of Southgate Park but within a ½-mile radius are multiple schools (Foster High School, Showalter Middle School, and Cascade View Elementary School) as, a youth activity center in the Tukwila Pool (Run by the Tukwila Pool Metropolitan Park District), and a critical service delivery center in the Tukwila Pantry Food Bank. For reference, the closest community center to Southgate Park is the Tukwila Community Center, located about two-thirds of a mile away. In summary, Southgate Park’s urban forest supports air and water quality for a moderately heavy residential area that contains multiple housing types spanning the socio-economic spectrum and other critical educational and recreational assets within the City of Tukwila. 128 Contract No.: 2025-CitiesUF Services Agreement 5 Page 11 3. Program Funding All Improving Indoor Air through Forestry (IIAF) funds must be fully expended by June 30, 2025, and invoiced to King County. Administration charges cannot exceed 12 percent of the total award. Table 1. Budget Expenditures IIAF Funding 1 Project Implementation Planting materials, installation, planting staff or contractors, site prep. $100,000 2 Administration Includes administrative personnel, fringe, and indirect costs. $0 Total $100,000 4. Current Funding and Future Plans The City of Tukwila currently has no other funding on hand to support coniferous tree planting within Southgate Park. Additionally, while there is funding on hand that is supporting initial restoration efforts in the area, said work will most likely be completed before execution of this project agreement. In the event some overage of funding was obtained that allowed for any such offset, a proposed secondary site for funding would be Codiga Park located on the banks of the Duwamish River at 12535 50th Place South in Tukwila. Codiga Park is within the Allentown residential neighborhood, is located approximately 3.12 miles from King County International Airport and 3.31 miles from SeaTac International Airport, and includes shoreline identified as priority segments for projects by Water Resource Inventory Area 9 (WRIA 9) for streamside trees in the interest of salmon habitat and safe passage. 5. Climate Commitment Act (CCA) Acknowledgement Plan The City of Tukwila proposes the following CCA Acknowledgement Plan: 1. Announcement of award through City of Tukwila electronic communications including internal and external newsletters. 2. Social media posts on Facebook, Instagram, and other channels announcing funding award and providing project updates 3. Posting of signage at worksite before and during project execution 4. Inclusion of project acknowledgement/update in next issuance of Tukwila Parks & Recreation guide in Spring 2025. This is sent to all Tukwila residential addresses, which is about 8,000 households. 5. Website postings, social media, and other written materials about this project will include acknowledgement of CCA funding per branding requirements as articulated below. “The [PROGRAM NAME / GRANT / PROJECT NAME / ETC.] is supported with funding from Washington’s Climate Commitment Act. The CCA supports Washington’s climate action efforts by putting cap-and-invest dollars to work reducing climate pollution, creating jobs, and improving public health. Information about the CCA is available at www.climate.wa.gov.” 129 130 CA Revised May 2020 Page 1 of 4 City of Tukwila Contract Number: 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non-charter optional municipal code city hereinafter referred to as “the City,” and EarthCorps, hereinafter referred to as “the Contractor,” whose principal office is located at 6310 NE 74th Street Suite 201E Seattle, WA 98115. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1.Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2.Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $100,000 at a rate described in Exhibit A. 3.Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4.Duration of Agreement. This Agreement shall be in full force and effect for a period commencing February 24, 2025, and ending June 30, 2025, unless sooner terminated under the provisions hereinafter specified. 5.Independent Contractor. Contractor and City agree that Contractor 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 Contractor nor any employee of Contractor 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 contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6.Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Public Entity. Attachment B 131 CA Revised May 2020 Page 2 of 4 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 Contractor and the Public Entity, its officers, officials, employees, and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor'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. 7.Insurance. The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. Contractor’s maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor 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 Scope of Insurance. Contractor 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 and $2,000,000 products-completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3.Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 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 Contractor’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 Contractor’s insurance and shall not contribute 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. 132 CA Revised May 2020 Page 3 of 4 E.Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors’ coverage. F.Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor-provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor’s Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. G.Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. H.Failure to Maintain Insurance. Failure on the part of the Contractor 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 Contractor 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 Contractor from the City. 8.Record Keeping and Reporting. A.The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B.These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9.Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10.Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City’s intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor’s insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11.Discrimination Prohibited. The Consultant, 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 and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13.Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor 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. 133 CA Revised May 2020 Page 4 of 4 14. 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. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law; Venue; Attorney’s Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 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. DATED this 27th day of January, 2025. ** City signatures to be obtained by City Clerk’s Staff ONLY. ** CITY OF TUKWILA Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Andy Youn, City Clerk APPROVED AS TO FORM: Office of the City Attorney ** Contractor signature to be obtained by sponsor staff. ** CONTRACTOR: By: Printed Name: Title: Address: 134 DRAFT Scope of Work for: From: Olena Perry Whitney Bowman Olena.Perry@TukwilaWa.Gov Field Director Parks and Rec 12424 42nd Ave S whitney@earthcorps.org Tukwila, WA 98168 206-420-5587 Christyn Riehl Project Manager EarthCorps 6310 NE 74th Street Suite 201E Seattle, WA 98115 717-725-7999 Fax: (206) 322-9312 christyn@earthcorps.org Date:December 10, 2024 Name of Project:IIAF COT Southgate Park Agency Contract No.:TBD EarthCorps Project No.: 312-25-01 Dates and Crew Name # Crew Days or PM Hours Daily or Hourly Rate Materials Cost Subtotals Task 1: Planting Days in field: 7 2,190.00$ 15,330.00$ Project Management 14 140.00$ 1,960.00$ Field Specialist 30 85.00$ 2,550.00$ Plants 600 trees @ $10 (2 - 5 gallons)6,000.00$ plant protectors 200.00$ 26,040.00$ Task 2: Initial Restoration Days in field: 15 2,190.00$ 32,850.00$ Project Management 30 140.00$ 4,200.00$ Field Specialist 30 85.00$ 2,550.00$ Herbicide 250.00$ 250.00$ herbicide equipment 300.00$ 300.00$ 40,150.00$ Task 3: Maintenance Days in field: 8 2,190.00$ 17,520.00$ Project Management 16 140.00$ 2,240.00$ Field Specialist 16 85.00$ 1,360.00$ Materials (cardboard, herbicides, erosion control etc) 2,000.00$ 23,120.00$ Crew Labor 65,700.00$ Project Management 8,400.00$ Field Specialist 6,460.00$ Materials 8,750.00$ Subtotal 89,310.00$ Materials & Handling Fee (10% of Total Materials)875.00$ TOTAL FEE 90,185.00$ Sales Tax:10.2% Location Code:1729 9,198.87$ TOTAL PAYABLE 99,383.87$ Fee Schedule Labor $2,190.00 $140.00 $85.00 $150/day Project Manager/hour Field Specialist/hour Field Trucks (4x4 pick up/3 ton dump truck) Narrative Scope of Work: An EarthCorps Crew will complete the following tasks. Task 1: Native Plant Installation: Install native trees at SouthGate Park, planting will include grubbing survival rings for trees planted in areas that are not yet cleared of ivy and other target weed species. Task2: initial restoration: Expand existing restoration site using current industry standard best management practices including manual, mechanical and chemical control techniques. Task 3: Maintenance: Maintain previously restored areas using current industry standard best management practices Materials Materials Materials Crew Day (5-6 persons/transportation/tools/equipment/PPE) EXHIBIT A 135 136 Tu k w i l a P o l i c e D e p a r t m e n t A l l T u k w i l a N e i g h b o r h o o d s A n d C o m m u n i t i e s F e e l P r o t e c t e d A n d R e s p e c t e d I n T h e i r T i m e s O f N e e d Co m m u n i t y S e r v i c e s a n d S a f e t y C o m m i t t e e Qu a r t e r l y I n f o r m a t i o n B r i e f Fo u r t h Q u a r t e r , 2 0 2 4 137 FO U R T H Q U A R T E R H I G H L I G H T S ‰ St a f f i n g ¾ Ne w e n t r y l e v e l o f f i c e r s ¾ Je s s e E n e b r a d ¾ Er i k P e t e r s o n ¾ Ne w r e c o r d s s p e c i a l i s t s ¾ Je n n i f e r K i r b y ¾ My k a e l a H a t f i e l d ¾ On g o i n g R e c r u i t m e n t E f f o r t s , O r a l B o a r d s a n d I n t e r v i e w s C o n d u c t e d ‰ Re c o g n i t i o n ¾ Em p l o y e e s O f T h e Q u a r t e r ( 3 rd qu a r t e r ) ¾ Ji m T h o m p s o n ¾ Ju s t i n W i l s o n ¾ Di s t i n g u i s h e d S e r v i c e M e d a l ¾ Mi k e R i c h a r d s o n A l l T u k w i l a N e i g h b o r h o o d s A n d C o m m u n i t i e s F e e l P r o t e c t e d A n d R e s p e c t e d I n T h e i r T i m e s O f N e e d 138 A l l T u k w i l a N e i g h b o r h o o d s A n d C o m m u n i t i e s F e e l P r o t e c t e d A n d R e s p e c t e d I n T h e i r T i m e s O f N e e d FO U R T H Q U A R T E R H I G H L I G H T S ‰ Co m m u n i t y E n g a g e m e n t ¾ Co m m u n i t y E n g a g e m e n t ¾ Me e t i n g s : ¾ Ri v e r t o n P a r k C h u r c h ¾ CO P C A B ¾ Th e f t 3 J u v e n i l e D i v e r s i o n A n d M a l l S a f e t y ¾ Ma l l M a n a g e m e n t ¾ Tu k w i l a S c h o o l D i s t r i c t ¾ Ac t i v e S h o o t e r T r a i n i n g ¾ Co m m u n i t y E v e n t s ¾ Sh r e d - A - T h o n ¾ Sh o p W i t h A C o p ¾ Ho l i d a y C h a l l e n g e 139 A l l T u k w i l a N e i g h b o r h o o d s A n d C o m m u n i t i e s F e e l P r o t e c t e d A n d R e s p e c t e d I n T h e i r T i m e s O f N e e d FO U R T H Q U A R T E R H I G H L I G H T S ‰ Si g n i f i c a n t O p e r a t i o n s & E v e n t s ¾ Re g i o n a l P a r t n e r s h i p ¾ Va l l e y C h i e f s V a l l e y C h i e f s ’ e x e c u t i v e m e e t i n g s ( V N E T , S W A T , V I I T , S C O R E , P S A T T ) ¾ Ki n g C o u n t y P o l i c e C h i e f s a n d S h e r i f f A s s o c . ¾ St a t e w i d e V I I T ¾ So u n d H e a l t h C o - R e s p o n d e r P r o g r a m ¾ Gu n V i o l e n c e T a s k F o r c e ¾ De p a r t m e n t M e e t i n g s / E v e n t s ¾ PD T o w n H a l l ¾ PD L e a d e r s h i p M e e t i n g ¾ Sp e c i a l E m p h a s i s ¾ Bl a c k F r i d a y ¾ Da y A f t e r C h r i s t m a s ¾ Re t a i l E m p h a s i s ¾ Fl o c k A u t o m a t e d L i c e n s e P l a t e R e a d e r C a m e r a s ¾ Pu b l i c D i s c l o s u r e R e q u e s t s 140 A l l T u k w i l a N e i g h b o r h o o d s A n d C o m m u n i t i e s F e e l P r o t e c t e d A n d R e s p e c t e d I n T h e i r T i m e s O f N e e d FO U R T H Q U A R T E R C R I M E S T A T I S T I C S Ca l l s f o r s e r v i c e i n t h e f o u r t h q u a r t e r w e r e wi t h i n r a n g e . Ca s e r e p o r t s ( o n l i n e a n d o f f i c e r - c r e a t e d ) i n th e f o u r t h q u a r t e r a r e s t i l l l o w e r t h a n ex p e c t e d , p r i m a r i l y d u e to d e c r e a s e s i n t h e f t fr o m v e h i c l e , a u t o t h e f t , a n d c o m m e r c i a l bu r g l a r y c a s e s . Cr i m e w a s d o w n i n s e v e r a l c a t e g o r i e s t h i s ye a r , i n c l u d i n g t h o s e s t a t e d a b o v e p l u s re s i d e n t i a l b u r g l a r y w h i c h h i t a n a l l - t i m e l o w . On e c r i m e c a t e g o r y t h a t i n c r e a s e d w a s ag g r a v a t e d a s s a u l t , w h i c h i s p r i m a r i l y d u e t o an i n c r e a s e i n f e l o n y d o m e s t i c a s s a u l t s . T h e r e we r e 8 4 a g g r a v a t e d a s s a u l t s i n 2 0 2 4 , t h e hi g h e s t n u m b e r s i n c e 2 0 1 4 . On e b e n e f i t o f b e t t e r s t a f f i n g i s t h a t n e w de t e c t i v e s w i l l b e a s s i g n e d m i s s i n g p e r s o n s ca s e s , t a k i n g t h e m o f f t h e p l a t e o f t h e de t e c t i v e w h o p r i m a r i l y i n v e s t i g a t e s f e l o n y do m e s t i c a s s a u l t s . 0 50 0 10 0 0 15 0 0 20 0 0 25 0 0 30 0 0 35 0 0 Ja n F e b M a r A p r M a y J u n J u l A u g S e p O c t N o v D e c Ca l l s f o r S e r v i c e b y M o n t h Co m p a r i s o n o f 2 0 2 4 t o 2 0 0 0 - 2 0 2 3 20 0 0 - 2 0 2 3 Ra n g e 20 2 4 0 10 0 20 0 30 0 40 0 50 0 60 0 70 0 80 0 90 0 Ja n F e b M a r A p r M a y J u n J u l A u g S e p O c t N o v D e c Ca s e R e p o r t s b y M o n t h Co m p a r i s o n o f 2 0 2 4 t o 2 0 0 0 - 2 0 2 3 20 0 0 - 2 0 2 3 ra n g e 20 2 4 141 A l l T u k w i l a N e i g h b o r h o o d s A n d C o m m u n i t i e s F e e l P r o t e c t e d A n d R e s p e c t e d I n T h e i r T i m e s O f N e e d Qu e s t i o n s ? 142 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Community Services and Safety Committee FROM: Deputy Chief Eric Lund BY: Phi Huynh, Executive Administrator CC: Thomas McLeod DATE: February 4, 2025 SUBJECT: Washington Organized Retail Crime Association (WAORCA) Grant Contract ISSUE The Tukwila Police Department is presenting the approved-grant contract with WAORCA as information only. . BACKGROUND It is estimated that organized retail crime suspects cause upwards of $3 billion dollars statewide in retail industry merchandise losses each year. The Washington State Department of Commerce is funding this pilot program for $950,000 through WAORCA. There are three pilot programs throughout the state. Two are on the west side of the Cascade Mountains, and the other is on the east side of the state. The majority of the funding goes to the King County Prosecutor’s Office for hiring additional prosecutors specific to organized retail crime. The remainder of the funding, approximately $90,000 will be shared between three police agencies in King County. DISCUSSION The purpose of the WAORCA grant is to provide funding for local law enforcement agencies, specifically the City of Tukwila Police Department, to conduct overtime organized retail theft emphasis, as part of the King County Organized Retail Theft pilot program. FINANCIAL IMPACT WAORCA has awarded $283,333.33 to the King County Pilot Program Area, with $90,000 budgeted for the purpose of funding law enforcement to the goal of coordinating effective responses to organized retail crime. The Tukwila Police Department has been awarded part of the grant, and can seek reimbursement for straight time or overtime for approved law enforcement activity expenses incurred as a participant in the King County Pilot Program Area grant project. RECOMMENDATION Information only. ATTACHMENTS WAORCA/Tukwila Police Department Grant Contract 143 144 145 146 147 148 149 150 151 152 153 154